HB5447 EnrolledLRB100 16294 AMC 31417 b

1    AN ACT to revise the law by combining multiple enactments
2and making technical corrections.
 
3    Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
 
5    Section 1. Nature of this Act.
6    (a) This Act may be cited as the First 2018 General
7Revisory Act.
8    (b) This Act is not intended to make any substantive change
9in the law. It reconciles conflicts that have arisen from
10multiple amendments and enactments and makes technical
11corrections and revisions in the law.
12    This Act revises and, where appropriate, renumbers certain
13Sections that have been added or amended by more than one
14Public Act. In certain cases in which a repealed Act or Section
15has been replaced with a successor law, this Act may
16incorporate amendments to the repealed Act or Section into the
17successor law. This Act also corrects errors, revises
18cross-references, and deletes obsolete text.
19    (c) In this Act, the reference at the end of each amended
20Section indicates the sources in the Session Laws of Illinois
21that were used in the preparation of the text of that Section.
22The text of the Section included in this Act is intended to
23include the different versions of the Section found in the
24Public Acts included in the list of sources, but may not

 

 

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1include other versions of the Section to be found in Public
2Acts not included in the list of sources. The list of sources
3is not a part of the text of the Section.
4    (d) Public Acts 99-920 through 100-534 were considered in
5the preparation of the combining revisories included in this
6Act. Many of those combining revisories contain no striking or
7underscoring because no additional changes are being made in
8the material that is being combined.
 
9    Section 5. The Regulatory Sunset Act is amended by changing
10Section 4.30 as follows:
 
11    (5 ILCS 80/4.30)
12    Sec. 4.30. Acts repealed on January 1, 2020. The following
13Acts are repealed on January 1, 2020:
14    The Auction License Act.
15    The Community Association Manager Licensing and
16Disciplinary Act.
17    The Illinois Architecture Practice Act of 1989.
18    The Illinois Landscape Architecture Act of 1989.
19    The Illinois Professional Land Surveyor Act of 1989.
20    The Orthotics, Prosthetics, and Pedorthics Practice Act.
21    The Perfusionist Practice Act.
22    The Pharmacy Practice Act.
23    The Professional Engineering Practice Act of 1989.
24    The Real Estate License Act of 2000.

 

 

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1    The Structural Engineering Practice Act of 1989.
2(Source: P.A. 100-497, eff. 9-8-17; 100-534, eff. 9-22-17;
3revised 10-18-17.)
 
4    Section 10. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    (Text of Section before amendment by P.A. 100-512 and
8100-517)
9    Sec. 7.5. Statutory exemptions. To the extent provided for
10by the statutes referenced below, the following shall be exempt
11from inspection and copying:
12        (a) All information determined to be confidential
13    under Section 4002 of the Technology Advancement and
14    Development Act.
15        (b) Library circulation and order records identifying
16    library users with specific materials under the Library
17    Records Confidentiality Act.
18        (c) Applications, related documents, and medical
19    records received by the Experimental Organ Transplantation
20    Procedures Board and any and all documents or other records
21    prepared by the Experimental Organ Transplantation
22    Procedures Board or its staff relating to applications it
23    has received.
24        (d) Information and records held by the Department of

 

 

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1    Public Health and its authorized representatives relating
2    to known or suspected cases of sexually transmissible
3    disease or any information the disclosure of which is
4    restricted under the Illinois Sexually Transmissible
5    Disease Control Act.
6        (e) Information the disclosure of which is exempted
7    under Section 30 of the Radon Industry Licensing Act.
8        (f) Firm performance evaluations under Section 55 of
9    the Architectural, Engineering, and Land Surveying
10    Qualifications Based Selection Act.
11        (g) Information the disclosure of which is restricted
12    and exempted under Section 50 of the Illinois Prepaid
13    Tuition Act.
14        (h) Information the disclosure of which is exempted
15    under the State Officials and Employees Ethics Act, and
16    records of any lawfully created State or local inspector
17    general's office that would be exempt if created or
18    obtained by an Executive Inspector General's office under
19    that Act.
20        (i) Information contained in a local emergency energy
21    plan submitted to a municipality in accordance with a local
22    emergency energy plan ordinance that is adopted under
23    Section 11-21.5-5 of the Illinois Municipal Code.
24        (j) Information and data concerning the distribution
25    of surcharge moneys collected and remitted by carriers
26    under the Emergency Telephone System Act.

 

 

HB5447 Enrolled- 5 -LRB100 16294 AMC 31417 b

1        (k) Law enforcement officer identification information
2    or driver identification information compiled by a law
3    enforcement agency or the Department of Transportation
4    under Section 11-212 of the Illinois Vehicle Code.
5        (l) Records and information provided to a residential
6    health care facility resident sexual assault and death
7    review team or the Executive Council under the Abuse
8    Prevention Review Team Act.
9        (m) Information provided to the predatory lending
10    database created pursuant to Article 3 of the Residential
11    Real Property Disclosure Act, except to the extent
12    authorized under that Article.
13        (n) Defense budgets and petitions for certification of
14    compensation and expenses for court appointed trial
15    counsel as provided under Sections 10 and 15 of the Capital
16    Crimes Litigation Act. This subsection (n) shall apply
17    until the conclusion of the trial of the case, even if the
18    prosecution chooses not to pursue the death penalty prior
19    to trial or sentencing.
20        (o) Information that is prohibited from being
21    disclosed under Section 4 of the Illinois Health and
22    Hazardous Substances Registry Act.
23        (p) Security portions of system safety program plans,
24    investigation reports, surveys, schedules, lists, data, or
25    information compiled, collected, or prepared by or for the
26    Regional Transportation Authority under Section 2.11 of

 

 

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1    the Regional Transportation Authority Act or the St. Clair
2    County Transit District under the Bi-State Transit Safety
3    Act.
4        (q) Information prohibited from being disclosed by the
5    Personnel Records Review Act.
6        (r) Information prohibited from being disclosed by the
7    Illinois School Student Records Act.
8        (s) Information the disclosure of which is restricted
9    under Section 5-108 of the Public Utilities Act.
10        (t) All identified or deidentified health information
11    in the form of health data or medical records contained in,
12    stored in, submitted to, transferred by, or released from
13    the Illinois Health Information Exchange, and identified
14    or deidentified health information in the form of health
15    data and medical records of the Illinois Health Information
16    Exchange in the possession of the Illinois Health
17    Information Exchange Authority due to its administration
18    of the Illinois Health Information Exchange. The terms
19    "identified" and "deidentified" shall be given the same
20    meaning as in the Health Insurance Portability and
21    Accountability Act of 1996, Public Law 104-191, or any
22    subsequent amendments thereto, and any regulations
23    promulgated thereunder.
24        (u) Records and information provided to an independent
25    team of experts under Brian's Law.
26        (v) Names and information of people who have applied

 

 

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1    for or received Firearm Owner's Identification Cards under
2    the Firearm Owners Identification Card Act or applied for
3    or received a concealed carry license under the Firearm
4    Concealed Carry Act, unless otherwise authorized by the
5    Firearm Concealed Carry Act; and databases under the
6    Firearm Concealed Carry Act, records of the Concealed Carry
7    Licensing Review Board under the Firearm Concealed Carry
8    Act, and law enforcement agency objections under the
9    Firearm Concealed Carry Act.
10        (w) Personally identifiable information which is
11    exempted from disclosure under subsection (g) of Section
12    19.1 of the Toll Highway Act.
13        (x) Information which is exempted from disclosure
14    under Section 5-1014.3 of the Counties Code or Section
15    8-11-21 of the Illinois Municipal Code.
16        (y) Confidential information under the Adult
17    Protective Services Act and its predecessor enabling
18    statute, the Elder Abuse and Neglect Act, including
19    information about the identity and administrative finding
20    against any caregiver of a verified and substantiated
21    decision of abuse, neglect, or financial exploitation of an
22    eligible adult maintained in the Registry established
23    under Section 7.5 of the Adult Protective Services Act.
24        (z) Records and information provided to a fatality
25    review team or the Illinois Fatality Review Team Advisory
26    Council under Section 15 of the Adult Protective Services

 

 

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1    Act.
2        (aa) Information which is exempted from disclosure
3    under Section 2.37 of the Wildlife Code.
4        (bb) Information which is or was prohibited from
5    disclosure by the Juvenile Court Act of 1987.
6        (cc) Recordings made under the Law Enforcement
7    Officer-Worn Body Camera Act, except to the extent
8    authorized under that Act.
9        (dd) Information that is prohibited from being
10    disclosed under Section 45 of the Condominium and Common
11    Interest Community Ombudsperson Act.
12        (ee) Information that is exempted from disclosure
13    under Section 30.1 of the Pharmacy Practice Act.
14        (ff) Information that is exempted from disclosure
15    under the Revised Uniform Unclaimed Property Act.
16        (gg) (ff) Information that is prohibited from being
17    disclosed under Section 7-603.5 of the Illinois Vehicle
18    Code.
19        (hh) (ff) Records that are exempt from disclosure under
20    Section 1A-16.7 of the Election Code.
21        (ii) (ff) Information which is exempted from
22    disclosure under Section 2505-800 of the Department of
23    Revenue Law of the Civil Administrative Code of Illinois.
24(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
25eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
2699-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;

 

 

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1100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
28-28-17; 100-465, eff. 8-31-17; revised 11-2-17.)
 
3    (Text of Section after amendment by P.A. 100-517 but before
4amendment by P.A. 100-512)
5    Sec. 7.5. Statutory exemptions. To the extent provided for
6by the statutes referenced below, the following shall be exempt
7from inspection and copying:
8        (a) All information determined to be confidential
9    under Section 4002 of the Technology Advancement and
10    Development Act.
11        (b) Library circulation and order records identifying
12    library users with specific materials under the Library
13    Records Confidentiality Act.
14        (c) Applications, related documents, and medical
15    records received by the Experimental Organ Transplantation
16    Procedures Board and any and all documents or other records
17    prepared by the Experimental Organ Transplantation
18    Procedures Board or its staff relating to applications it
19    has received.
20        (d) Information and records held by the Department of
21    Public Health and its authorized representatives relating
22    to known or suspected cases of sexually transmissible
23    disease or any information the disclosure of which is
24    restricted under the Illinois Sexually Transmissible
25    Disease Control Act.

 

 

HB5447 Enrolled- 10 -LRB100 16294 AMC 31417 b

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

 

 

HB5447 Enrolled- 11 -LRB100 16294 AMC 31417 b

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

 

 

HB5447 Enrolled- 12 -LRB100 16294 AMC 31417 b

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

 

 

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1    Firearm Concealed Carry Act, records of the Concealed Carry
2    Licensing Review Board under the Firearm Concealed Carry
3    Act, and law enforcement agency objections under the
4    Firearm Concealed Carry Act.
5        (w) Personally identifiable information which is
6    exempted from disclosure under subsection (g) of Section
7    19.1 of the Toll Highway Act.
8        (x) Information which is exempted from disclosure
9    under Section 5-1014.3 of the Counties Code or Section
10    8-11-21 of the Illinois Municipal Code.
11        (y) Confidential information under the Adult
12    Protective Services Act and its predecessor enabling
13    statute, the Elder Abuse and Neglect Act, including
14    information about the identity and administrative finding
15    against any caregiver of a verified and substantiated
16    decision of abuse, neglect, or financial exploitation of an
17    eligible adult maintained in the Registry established
18    under Section 7.5 of the Adult Protective Services Act.
19        (z) Records and information provided to a fatality
20    review team or the Illinois Fatality Review Team Advisory
21    Council under Section 15 of the Adult Protective Services
22    Act.
23        (aa) Information which is exempted from disclosure
24    under Section 2.37 of the Wildlife Code.
25        (bb) Information which is or was prohibited from
26    disclosure by the Juvenile Court Act of 1987.

 

 

HB5447 Enrolled- 14 -LRB100 16294 AMC 31417 b

1        (cc) Recordings made under the Law Enforcement
2    Officer-Worn Body Camera Act, except to the extent
3    authorized under that Act.
4        (dd) Information that is prohibited from being
5    disclosed under Section 45 of the Condominium and Common
6    Interest Community Ombudsperson Act.
7        (ee) Information that is exempted from disclosure
8    under Section 30.1 of the Pharmacy Practice Act.
9        (ff) Information that is exempted from disclosure
10    under the Revised Uniform Unclaimed Property Act.
11        (gg) (ff) Information that is prohibited from being
12    disclosed under Section 7-603.5 of the Illinois Vehicle
13    Code.
14        (hh) (ff) Records that are exempt from disclosure under
15    Section 1A-16.7 of the Election Code.
16        (ii) (ff) Information which is exempted from
17    disclosure under Section 2505-800 of the Department of
18    Revenue Law of the Civil Administrative Code of Illinois.
19        (jj) (ff) Information and reports that are required to
20    be submitted to the Department of Labor by registering day
21    and temporary labor service agencies but are exempt from
22    disclosure under subsection (a-1) of Section 45 of the Day
23    and Temporary Labor Services Act.
24(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
25eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
2699-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;

 

 

HB5447 Enrolled- 15 -LRB100 16294 AMC 31417 b

1100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
28-28-17; 100-465, eff. 8-31-17; 100-517, eff. 6-1-18; revised
311-2-17.)
 
4    (Text of Section after amendment by P.A. 100-512)
5    Sec. 7.5. Statutory exemptions. To the extent provided for
6by the statutes referenced below, the following shall be exempt
7from inspection and copying:
8        (a) All information determined to be confidential
9    under Section 4002 of the Technology Advancement and
10    Development Act.
11        (b) Library circulation and order records identifying
12    library users with specific materials under the Library
13    Records Confidentiality Act.
14        (c) Applications, related documents, and medical
15    records received by the Experimental Organ Transplantation
16    Procedures Board and any and all documents or other records
17    prepared by the Experimental Organ Transplantation
18    Procedures Board or its staff relating to applications it
19    has received.
20        (d) Information and records held by the Department of
21    Public Health and its authorized representatives relating
22    to known or suspected cases of sexually transmissible
23    disease or any information the disclosure of which is
24    restricted under the Illinois Sexually Transmissible
25    Disease Control Act.

 

 

HB5447 Enrolled- 16 -LRB100 16294 AMC 31417 b

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

 

 

HB5447 Enrolled- 17 -LRB100 16294 AMC 31417 b

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

 

 

HB5447 Enrolled- 18 -LRB100 16294 AMC 31417 b

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

 

 

HB5447 Enrolled- 19 -LRB100 16294 AMC 31417 b

1    Firearm Concealed Carry Act, records of the Concealed Carry
2    Licensing Review Board under the Firearm Concealed Carry
3    Act, and law enforcement agency objections under the
4    Firearm Concealed Carry Act.
5        (w) Personally identifiable information which is
6    exempted from disclosure under subsection (g) of Section
7    19.1 of the Toll Highway Act.
8        (x) Information which is exempted from disclosure
9    under Section 5-1014.3 of the Counties Code or Section
10    8-11-21 of the Illinois Municipal Code.
11        (y) Confidential information under the Adult
12    Protective Services Act and its predecessor enabling
13    statute, the Elder Abuse and Neglect Act, including
14    information about the identity and administrative finding
15    against any caregiver of a verified and substantiated
16    decision of abuse, neglect, or financial exploitation of an
17    eligible adult maintained in the Registry established
18    under Section 7.5 of the Adult Protective Services Act.
19        (z) Records and information provided to a fatality
20    review team or the Illinois Fatality Review Team Advisory
21    Council under Section 15 of the Adult Protective Services
22    Act.
23        (aa) Information which is exempted from disclosure
24    under Section 2.37 of the Wildlife Code.
25        (bb) Information which is or was prohibited from
26    disclosure by the Juvenile Court Act of 1987.

 

 

HB5447 Enrolled- 20 -LRB100 16294 AMC 31417 b

1        (cc) Recordings made under the Law Enforcement
2    Officer-Worn Body Camera Act, except to the extent
3    authorized under that Act.
4        (dd) Information that is prohibited from being
5    disclosed under Section 45 of the Condominium and Common
6    Interest Community Ombudsperson Act.
7        (ee) Information that is exempted from disclosure
8    under Section 30.1 of the Pharmacy Practice Act.
9        (ff) Information that is exempted from disclosure
10    under the Revised Uniform Unclaimed Property Act.
11        (gg) (ff) Information that is prohibited from being
12    disclosed under Section 7-603.5 of the Illinois Vehicle
13    Code.
14        (hh) (ff) Records that are exempt from disclosure under
15    Section 1A-16.7 of the Election Code.
16        (ii) (ff) Information which is exempted from
17    disclosure under Section 2505-800 of the Department of
18    Revenue Law of the Civil Administrative Code of Illinois.
19        (jj) (ff) Information and reports that are required to
20    be submitted to the Department of Labor by registering day
21    and temporary labor service agencies but are exempt from
22    disclosure under subsection (a-1) of Section 45 of the Day
23    and Temporary Labor Services Act.
24        (kk) (ff) Information prohibited from disclosure under
25    the Seizure and Forfeiture Reporting Act.
26(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,

 

 

HB5447 Enrolled- 21 -LRB100 16294 AMC 31417 b

1eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
299-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
3100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
48-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
5eff. 6-1-18; revised 11-2-17.)
 
6    Section 15. The State Employees Group Insurance Act of 1971
7is amended by changing Section 6.11 as follows:
 
8    (5 ILCS 375/6.11)
9    Sec. 6.11. Required health benefits; Illinois Insurance
10Code requirements. The program of health benefits shall provide
11the post-mastectomy care benefits required to be covered by a
12policy of accident and health insurance under Section 356t of
13the Illinois Insurance Code. The program of health benefits
14shall provide the coverage required under Sections 356g,
15356g.5, 356g.5-1, 356m, 356u, 356w, 356x, 356z.2, 356z.4,
16356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
17356z.14, 356z.15, 356z.17, 356z.22, and 356z.25, and 356z.26 of
18the Illinois Insurance Code. The program of health benefits
19must comply with Sections 155.22a, 155.37, 355b, 356z.19, 370c,
20and 370c.1 of the Illinois Insurance Code.
21    Rulemaking authority to implement Public Act 95-1045, if
22any, is conditioned on the rules being adopted in accordance
23with all provisions of the Illinois Administrative Procedure
24Act and all rules and procedures of the Joint Committee on

 

 

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1Administrative Rules; any purported rule not so adopted, for
2whatever reason, is unauthorized.
3(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17;
4100-138, eff. 8-18-17; revised 10-3-17.)
 
5    Section 25. The Election Code is amended by changing
6Sections 1-2, 1A-8, 1A-16, 2A-30, 3-5, 12-5, 21-2, and 28-7 as
7follows:
 
8    (10 ILCS 5/1-2)  (from Ch. 46, par. 1-2)
9    Sec. 1-2. The provisions of this Act, so far as they are
10the same as those of any prior statute, shall be construed as a
11continuation of such prior provisions, and not as a new
12enactment.
13    If in any other statute reference is made to an Act of the
14General Assembly, or a Section section of such an Act, which is
15continued in this election Code, such reference shall be held
16to refer to the Act or Section section thereof so continued in
17this Code.
18(Source: Laws 1943, vol. 2, p. 1; revised 9-22-17.)
 
19    (10 ILCS 5/1A-8)  (from Ch. 46, par. 1A-8)
20    Sec. 1A-8. The State Board of Elections shall exercise the
21following powers and perform the following duties in addition
22to any powers or duties otherwise provided for by law:
23        (1) Assume all duties and responsibilities of the State

 

 

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1    Electoral Board and the Secretary of State as heretofore
2    provided in this Code Act;
3        (2) Disseminate information to and consult with
4    election authorities concerning the conduct of elections
5    and registration in accordance with the laws of this State
6    and the laws of the United States;
7        (3) Furnish to each election authority prior to each
8    primary and general election and any other election it
9    deems necessary, a manual of uniform instructions
10    consistent with the provisions of this Code Act which shall
11    be used by election authorities in the preparation of the
12    official manual of instruction to be used by the judges of
13    election in any such election. In preparing such manual,
14    the State Board shall consult with representatives of the
15    election authorities throughout the State. The State Board
16    may provide separate portions of the uniform instructions
17    applicable to different election jurisdictions which
18    administer elections under different options provided by
19    law. The State Board may by regulation require particular
20    portions of the uniform instructions to be included in any
21    official manual of instructions published by election
22    authorities. Any manual of instructions published by any
23    election authority shall be identical with the manual of
24    uniform instructions issued by the Board, but may be
25    adapted by the election authority to accommodate special or
26    unusual local election problems, provided that all manuals

 

 

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1    published by election authorities must be consistent with
2    the provisions of this Code Act in all respects and must
3    receive the approval of the State Board of Elections prior
4    to publication; provided further that if the State Board
5    does not approve or disapprove of a proposed manual within
6    60 days of its submission, the manual shall be deemed
7    approved.
8        (4) Prescribe and require the use of such uniform
9    forms, notices, and other supplies not inconsistent with
10    the provisions of this Code Act as it shall deem advisable
11    which shall be used by election authorities in the conduct
12    of elections and registrations;
13        (5) Prepare and certify the form of ballot for any
14    proposed amendment to the Constitution of the State of
15    Illinois, or any referendum to be submitted to the electors
16    throughout the State or, when required to do so by law, to
17    the voters of any area or unit of local government of the
18    State;
19        (6) Require such statistical reports regarding the
20    conduct of elections and registration from election
21    authorities as may be deemed necessary;
22        (7) Review and inspect procedures and records relating
23    to conduct of elections and registration as may be deemed
24    necessary, and to report violations of election laws to the
25    appropriate State's Attorney or the Attorney General;
26        (8) Recommend to the General Assembly legislation to

 

 

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1    improve the administration of elections and registration;
2        (9) Adopt, amend or rescind rules and regulations in
3    the performance of its duties provided that all such rules
4    and regulations must be consistent with the provisions of
5    this Article 1A or issued pursuant to authority otherwise
6    provided by law;
7        (10) Determine the validity and sufficiency of
8    petitions filed under Article XIV, Section 3, of the
9    Constitution of the State of Illinois of 1970;
10        (11) Maintain in its principal office a research
11    library that includes, but is not limited to, abstracts of
12    votes by precinct for general primary elections and general
13    elections, current precinct maps and current precinct poll
14    lists from all election jurisdictions within the State. The
15    research library shall be open to the public during regular
16    business hours. Such abstracts, maps and lists shall be
17    preserved as permanent records and shall be available for
18    examination and copying at a reasonable cost;
19        (12) Supervise the administration of the registration
20    and election laws throughout the State;
21        (13) Obtain from the Department of Central Management
22    Services, under Section 405-250 of the Department of
23    Central Management Services Law (20 ILCS 405/405-250),
24    such use of electronic data processing equipment as may be
25    required to perform the duties of the State Board of
26    Elections and to provide election-related information to

 

 

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1    candidates, public and party officials, interested civic
2    organizations and the general public in a timely and
3    efficient manner;
4        (14) To take such action as may be necessary or
5    required to give effect to directions of the national
6    committee or State central committee of an established
7    political party under Sections 7-8, 7-11, and 7-14.1 or
8    such other provisions as may be applicable pertaining to
9    the selection of delegates and alternate delegates to an
10    established political party's national nominating
11    conventions or, notwithstanding any candidate
12    certification schedule contained within this the Election
13    Code, the certification of the Presidential and Vice
14    Presidential candidate selected by the established
15    political party's national nominating convention;
16        (15) To post all early voting sites separated by
17    election authority and hours of operation on its website at
18    least 5 business days before the period for early voting
19    begins; and
20        (16) To post on its website the statewide totals, and
21    totals separated by each election authority, for each of
22    the counts received pursuant to Section 1-9.2.
23    The Board may by regulation delegate any of its duties or
24functions under this Article, except that final determinations
25and orders under this Article shall be issued only by the
26Board.

 

 

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1    The requirement for reporting to the General Assembly shall
2be satisfied by filing copies of the report with the Speaker,
3the Minority Leader, and the Clerk of the House of
4Representatives, and the President, the Minority Leader, and
5the Secretary of the Senate, and the Legislative Research Unit,
6as required by Section 3.1 of the General Assembly Organization
7Act "An Act to revise the law in relation to the General
8Assembly", approved February 25, 1874, as amended, and filing
9such additional copies with the State Government Report
10Distribution Center for the General Assembly as is required
11under paragraph (t) of Section 7 of the State Library Act.
12(Source: P.A. 98-1171, eff. 6-1-15; revised 9-21-17.)
 
13    (10 ILCS 5/1A-16)
14    Sec. 1A-16. Voter registration information; Internet
15posting; processing of voter registration forms; content of
16such forms. Notwithstanding any law to the contrary, the
17following provisions shall apply to voter registration under
18this Code.
19    (a) Voter registration information; Internet posting of
20voter registration form. Within 90 days after August 21, 2003
21(the effective date of Public Act 93-574) this amendatory Act
22of the 93rd General Assembly, the State Board of Elections
23shall post on its World Wide Web site the following
24information:
25        (1) A comprehensive list of the names, addresses, phone

 

 

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1    numbers, and websites, if applicable, of all county clerks
2    and boards of election commissioners in Illinois.
3        (2) A schedule of upcoming elections and the deadline
4    for voter registration.
5        (3) A downloadable, printable voter registration form,
6    in at least English and in Spanish versions, that a person
7    may complete and mail or submit to the State Board of
8    Elections or the appropriate county clerk or board of
9    election commissioners.
10Any forms described under paragraph (3) must state the
11following:
12        If you do not have a driver's license or social
13    security number, and this form is submitted by mail, and
14    you have never registered to vote in the jurisdiction you
15    are now registering in, then you must send, with this
16    application, either (i) a copy of a current and valid photo
17    identification, or (ii) a copy of a current utility bill,
18    bank statement, government check, paycheck, or other
19    government document that shows the name and address of the
20    voter. If you do not provide the information required
21    above, then you will be required to provide election
22    officials with either (i) or (ii) described above the first
23    time you vote at a voting place.
24    (b) Acceptance of registration forms by the State Board of
25Elections and county clerks and board of election
26commissioners. The State Board of Elections, county clerks, and

 

 

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1board of election commissioners shall accept all completed
2voter registration forms described in subsection (a)(3) of this
3Section and Sections 1A-17 and 1A-30 that are:
4        (1) postmarked on or before the day that voter
5    registration is closed under this the Election Code;
6        (2) not postmarked, but arrives no later than 5 days
7    after the close of registration;
8        (3) submitted in person by a person using the form on
9    or before the day that voter registration is closed under
10    this the Election Code; or
11        (4) submitted in person by a person who submits one or
12    more forms on behalf of one or more persons who used the
13    form on or before the day that voter registration is closed
14    under this the Election Code.
15    Upon the receipt of a registration form, the State Board of
16Elections shall mark the date on which the form was received
17and send the form via first class mail to the appropriate
18county clerk or board of election commissioners, as the case
19may be, within 2 business days based upon the home address of
20the person submitting the registration form. The county clerk
21and board of election commissioners shall accept and process
22any form received from the State Board of Elections.
23    (c) Processing of registration forms by county clerks and
24boards of election commissioners. The county clerk or board of
25election commissioners shall promulgate procedures for
26processing the voter registration form.

 

 

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1    (d) Contents of the voter registration form. The State
2Board shall create a voter registration form, which must
3contain the following content:
4        (1) Instructions for completing the form.
5        (2) A summary of the qualifications to register to vote
6    in Illinois.
7        (3) Instructions for mailing in or submitting the form
8    in person.
9        (4) The phone number for the State Board of Elections
10    should a person submitting the form have questions.
11        (5) A box for the person to check that explains one of
12    3 reasons for submitting the form:
13            (a) new registration;
14            (b) change of address; or
15            (c) change of name.
16        (6) a box for the person to check yes or no that asks,
17    "Are you a citizen of the United States?", a box for the
18    person to check yes or no that asks, "Will you be 18 years
19    of age on or before election day?", and a statement of "If
20    you checked 'no' in response to either of these questions,
21    then do not complete this form.".
22        (7) A space for the person to fill in his or her home
23    telephone number.
24        (8) Spaces for the person to fill in his or her first,
25    middle, and last names, street address (principal place of
26    residence), county, city, state, and zip code.

 

 

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1        (9) Spaces for the person to fill in his or her mailing
2    address, city, state, and zip code if different from his or
3    her principal place of residence.
4        (10) A space for the person to fill in his or her
5    Illinois driver's license number if the person has a
6    driver's license.
7        (11) A space for a person without a driver's license to
8    fill in the last four digits of his or her social security
9    number if the person has a social security number.
10        (12) A space for a person without an Illinois driver's
11    license to fill in his or her identification number from
12    his or her State Identification card issued by the
13    Secretary of State.
14        (13) A space for the person to fill the name appearing
15    on his or her last voter registration, the street address
16    of his or her last registration, including the city,
17    county, state, and zip code.
18        (14) A space where the person swears or affirms the
19    following under penalty of perjury with his or her
20    signature:
21            (a) "I am a citizen of the United States.";
22            (b) "I will be at least 18 years old on or before
23        the next election.";
24            (c) "I will have lived in the State of Illinois and
25        in my election precinct at least 30 days as of the date
26        of the next election."; and

 

 

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1            (d) "The information I have provided is true to the
2        best of my knowledge under penalty of perjury. If I
3        have provided false information, then I may be fined,
4        imprisoned, or, if I am not a U.S. citizen, deported
5        from or refused entry into the United States.".
6        (15) A space for the person to fill in his or her
7    e-mail address if he or she chooses to provide that
8    information.
9    (d-5) Compliance with federal law; rulemaking authority.
10The voter registration form described in this Section shall be
11consistent with the form prescribed by the Federal Election
12Commission under the National Voter Registration Act of 1993,
13P.L. 103-31, as amended from time to time, and the Help America
14Vote Act of 2002, P.L. 107-252, in all relevant respects. The
15State Board of Elections shall periodically update the form
16based on changes to federal or State law. The State Board of
17Elections shall promulgate any rules necessary for the
18implementation of this Section; provided that the rules comport
19with the letter and spirit of the National Voter Registration
20Act of 1993 and Help America Vote Act of 2002 and maximize the
21opportunity for a person to register to vote.
22    (e) Forms available in paper form. The State Board of
23Elections shall make the voter registration form available in
24regular paper stock and form in sufficient quantities for the
25general public. The State Board of Elections may provide the
26voter registration form to the Secretary of State, county

 

 

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1clerks, boards of election commissioners, designated agencies
2of the State of Illinois, and any other person or entity
3designated to have these forms by this the Election Code in
4regular paper stock and form or some other format deemed
5suitable by the Board. Each county clerk or board of election
6commissioners has the authority to design and print its own
7voter registration form so long as the form complies with the
8requirements of this Section. The State Board of Elections,
9county clerks, boards of election commissioners, or other
10designated agencies of the State of Illinois required to have
11these forms under this the Election Code shall provide a member
12of the public with any reasonable number of forms that he or
13she may request. Nothing in this Section shall permit the State
14Board of Elections, county clerk, board of election
15commissioners, or other appropriate election official who may
16accept a voter registration form to refuse to accept a voter
17registration form because the form is printed on photocopier or
18regular paper stock and form.
19    (f) (Blank).
20(Source: P.A. 98-115, eff. 10-1-13; 98-1171, eff. 6-1-15;
21revised 9-22-17.)
 
22    (10 ILCS 5/2A-30)  (from Ch. 46, par. 2A-30)
23    Sec. 2A-30. Villages and incorporated towns with
24population of less than 50,000; president; trustees; clerk
25Incorporated Towns with Population of Less than 50,000 -

 

 

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1President - Trustees - Clerk. In villages and incorporated
2towns with a population of less than 50,000, a president shall
3be elected at the consolidated election in every other
4odd-numbered year when the president is elected for a 4-year 4
5year term, and in each odd-numbered year when the president is
6elected for a 2-year 2 year term.
7    Except as provided in Section 2A-30a, in villages and
8incorporated towns with a population of less than 50,000, 3
9trustees shall be elected at the consolidated election in each
10odd-numbered year when trustees are elected for 4-year 4 year
11terms, and at the consolidated election in each odd-numbered
12year and at the general primary election in each even-numbered
13year when trustees are elected for 2-year 2 year terms. A
14primary to nominate candidates for the office of trustee to be
15elected at the general primary election shall be held on the
16Tuesday 6 weeks preceding that election.
17    In villages and incorporated towns with a population of
18less than 50,000, a clerk shall be elected at the consolidated
19election in every other odd-numbered year when the clerk is
20elected for a 4-year 4 year term, and in each odd-numbered year
21when the clerk is elected for a 2-year 2 year term.
22(Source: P.A. 80-1495; revised 9-22-17.)
 
23    (10 ILCS 5/3-5)  (from Ch. 46, par. 3-5)
24    Sec. 3-5. No person who has been legally convicted, in this
25or another state or in any federal court, of any crime, and is

 

 

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1serving a sentence of confinement in any penal institution, or
2who has been convicted under any Section of this Code Act and
3is serving a sentence of confinement in any penal institution,
4shall vote, offer to vote, attempt to vote or be permitted to
5vote at any election until his release from confinement.
6    Confinement for purposes of this Section shall include any
7person convicted and imprisoned but granted a furlough as
8provided by Section 3-11-1 of the "Unified Code of
9Corrections", or admitted to a work release program as provided
10by Section 3-13-2 of the "Unified Code of Corrections".
11Confinement shall not include any person convicted and
12imprisoned but released on parole.
13    Confinement or detention in a jail pending acquittal or
14conviction of a crime is not a disqualification for voting.
15(Source: P.A. 94-637, eff. 1-1-06; revised 9-22-17.)
 
16    (10 ILCS 5/12-5)  (from Ch. 46, par. 12-5)
17    Sec. 12-5. Notice for public questions.
18    (a) Except as otherwise provided in subsection (b), for all
19elections held after July 1, 1999, notice of public questions
20shall be required only as set forth in this Section or as set
21forth in Section 17-3 or 19-3 of the School Code. Not more than
2260 days nor less than 10 days before the date of a regular
23election at which a public question is to be submitted to the
24voters of a political or governmental subdivision, and at least
2520 days before an emergency referendum, the election authority

 

 

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1shall publish notice of the referendum. The notice shall be
2published once in a local, community newspaper having general
3circulation in the political or governmental subdivision. The
4notice shall also be given at least 10 days before the date of
5the election by posting a copy of the notice at the principal
6office of the election authority. The local election official
7shall also post a copy of the notice at the principal office of
8the political or governmental subdivision, or if there is no
9principal office at the building in which the governing body of
10the political or governmental subdivision held its first
11meeting of the calendar year in which the referendum is being
12held. The election authority and the political or governmental
13subdivision may, but are not required to, post the notice
14electronically on their World Wide Web pages. The notice, which
15shall appear over the name or title of the election authority,
16shall be substantially in the following form:
17        NOTICE IS HEREBY GIVEN that at the election to be held
18    on (insert day of the week), (insert date of election), the
19    following proposition will be submitted to the voters of
20    (name of political or governmental subdivision):
21    (insert the public question as it will appear on the
22    ballot)
23        The polls at the election will be open at 6:00 o'clock
24    A.M. and will continue to be open until 7:00 o'clock P.M.
25    of that day.
26        Dated (date of notice)

 

 

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1        (Name or title of the election authority)
2The notice shall also include any additional information
3required by the statute authorizing the public question. The
4notice may include an explanation, in neutral and plain
5language, of the question and its purposes supplied by the
6governing body of the political or governmental subdivision to
7whose voters the question is to be submitted. The notice shall
8set forth the precincts and polling places at which the
9referendum will be conducted only in the case of emergency
10referenda.
11    (b) Notice of any public question published in a local,
12community newspaper having general circulation in the
13political or governmental subdivision to which such public
14question relates more than 30 days but not more than 35 days
15prior to the general election held on November 8, 2016 that
16otherwise complies with the requirements of this Section is
17sufficient notice to satisfy the newspaper publication
18requirement of this Section, such notice shall for all purposes
19be deemed to have been given in accordance with this Section,
20any bonds approved by the voters at such election are hereby
21authorized to be issued in accordance with applicable law
22without further referendum approval and taxes to be levied
23pursuant to any limiting rate increases approved by the voters
24at such election are hereby authorized to be levied and
25extended without further referendum approval.
26(Source: P.A. 99-935, eff. 2-17-17; 100-298, eff. 1-1-18;

 

 

HB5447 Enrolled- 38 -LRB100 16294 AMC 31417 b

1revised 9-22-17.)
 
2    (10 ILCS 5/21-2)  (from Ch. 46, par. 21-2)
3    Sec. 21-2. The county clerks of the several counties shall,
4within 21 days next after holding the election named in
5subsection (1) of Section 2A-1.2 and Section 2A-2, make 2
6copies of the abstract of the votes cast for electors by each
7political party or group, as indicated by the voter, as
8aforesaid, by a cross in the square to the left of the bracket
9aforesaid, or as indicated by a cross in the appropriate place
10preceding the appellation or title of the particular political
11party or group, and transmit by mail one of the copies to the
12office of the State Board of Elections and retain the other in
13his office, to be sent for by the electoral board in case the
14other should be mislaid. Within 31 days after the holding of
15such election, and sooner if all the returns are received by
16the State Board of Elections, the State Board of Elections
17Election, shall proceed to open and canvass said election
18returns and to declare which set of candidates for President
19and Vice-President received, as aforesaid, the highest number
20of votes cast at such election as aforesaid; and the electors
21of that party whose candidates for President and Vice-President
22received the highest number of votes so cast shall be taken and
23deemed to be elected as electors of President and
24Vice-President, but should 2 or more sets of candidates for
25President and Vice-President be returned with an equal and the

 

 

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1highest vote, the State Board of Elections shall cause a notice
2of the same to be published, which notice shall name some day
3and place, not less than 5 days from the time of such
4publication of such notice, upon which the State Board of
5Elections will decide by lot which of the sets of candidates
6for President and Vice-President so equal and highest shall be
7declared to be highest. And upon the day and at the place so
8appointed in the notice, the board shall so decide by lot and
9declare which is deemed highest of the sets of candidates for
10President and Vice-President so equal and highest, thereby
11determining only that the electors chosen as aforesaid by such
12candidates' party or group are thereby elected by general
13ticket to be such electors.
14(Source: P.A. 93-847, eff. 7-30-04; revised 9-22-17.)
 
15    (10 ILCS 5/28-7)  (from Ch. 46, par. 28-7)
16    Sec. 28-7. In any case in which Article VII or paragraph
17(a) of Section 5 of the Transition Schedule of the Constitution
18authorizes any action to be taken by or with respect to any
19unit of local government, as defined in Section 1 of Article
20VII of the Constitution, by or subject to approval by
21referendum, any such public question shall be initiated in
22accordance with this Section.
23    Any such public question may be initiated by the governing
24body of the unit of local government by resolution or by the
25filing with the clerk or secretary of the governmental unit of

 

 

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1a petition signed by a number of qualified electors equal to or
2greater than at least 8% of the total votes cast for candidates
3for Governor in the preceding gubernatorial election,
4requesting the submission of the proposal for such action to
5the voters of the governmental unit at a regular election.
6    If the action to be taken requires a referendum involving 2
7or more units of local government, the proposal shall be
8submitted to the voters of such governmental units by the
9election authorities with jurisdiction over the territory of
10the governmental units. Such multi-unit proposals may be
11initiated by appropriate resolutions by the respective
12governing bodies or by petitions of the voters of the several
13governmental units filed with the respective clerks or
14secretaries.
15    This Section is intended to provide a method of submission
16to referendum in all cases of proposals for actions which are
17authorized by Article VII of the Constitution by or subject to
18approval by referendum and supersedes any conflicting
19statutory provisions except those contained in Division 2-5 of
20the Counties Code the "County Executive Act".
21    Referenda provided for in this Section may not be held more
22than once in any 23-month period on the same proposition,
23provided that in any municipality a referendum to elect not to
24be a home rule unit may be held only once within any 47-month
25period.
26(Source: P.A. 97-81, eff. 7-5-11; revised 9-22-17.)
 

 

 

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1    Section 30. The State Treasurer Act is amended by changing
2Section 16.5 as follows:
 
3    (15 ILCS 505/16.5)
4    Sec. 16.5. College Savings Pool. The State Treasurer may
5establish and administer a College Savings Pool to supplement
6and enhance the investment opportunities otherwise available
7to persons seeking to finance the costs of higher education.
8The State Treasurer, in administering the College Savings Pool,
9may receive moneys paid into the pool by a participant and may
10serve as the fiscal agent of that participant for the purpose
11of holding and investing those moneys.
12    "Participant", as used in this Section, means any person
13who has authority to withdraw funds, change the designated
14beneficiary, or otherwise exercise control over an account.
15"Donor", as used in this Section, means any person who makes
16investments in the pool. "Designated beneficiary", as used in
17this Section, means any person on whose behalf an account is
18established in the College Savings Pool by a participant. Both
19in-state and out-of-state persons may be participants, donors,
20and designated beneficiaries in the College Savings Pool. The
21College Savings Pool must be available to any individual with a
22valid social security number or taxpayer identification number
23for the benefit of any individual with a valid social security
24number or taxpayer identification number, unless a contract in

 

 

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1effect on August 1, 2011 (the effective date of Public Act
297-233) does not allow for taxpayer identification numbers, in
3which case taxpayer identification numbers must be allowed upon
4the expiration of the contract.
5    New accounts in the College Savings Pool may be processed
6through participating financial institutions. "Participating
7financial institution", as used in this Section, means any
8financial institution insured by the Federal Deposit Insurance
9Corporation and lawfully doing business in the State of
10Illinois and any credit union approved by the State Treasurer
11and lawfully doing business in the State of Illinois that
12agrees to process new accounts in the College Savings Pool.
13Participating financial institutions may charge a processing
14fee to participants to open an account in the pool that shall
15not exceed $30 until the year 2001. Beginning in 2001 and every
16year thereafter, the maximum fee limit shall be adjusted by the
17Treasurer based on the Consumer Price Index for the North
18Central Region as published by the United States Department of
19Labor, Bureau of Labor Statistics for the immediately preceding
20calendar year. Every contribution received by a financial
21institution for investment in the College Savings Pool shall be
22transferred from the financial institution to a location
23selected by the State Treasurer within one business day
24following the day that the funds must be made available in
25accordance with federal law. All communications from the State
26Treasurer to participants and donors shall reference the

 

 

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1participating financial institution at which the account was
2processed.
3    The Treasurer may invest the moneys in the College Savings
4Pool in the same manner and in the same types of investments
5provided for the investment of moneys by the Illinois State
6Board of Investment. To enhance the safety and liquidity of the
7College Savings Pool, to ensure the diversification of the
8investment portfolio of the pool, and in an effort to keep
9investment dollars in the State of Illinois, the State
10Treasurer may make a percentage of each account available for
11investment in participating financial institutions doing
12business in the State. The State Treasurer may deposit with the
13participating financial institution at which the account was
14processed the following percentage of each account at a
15prevailing rate offered by the institution, provided that the
16deposit is federally insured or fully collateralized and the
17institution accepts the deposit: 10% of the total amount of
18each account for which the current age of the beneficiary is
19less than 7 years of age, 20% of the total amount of each
20account for which the beneficiary is at least 7 years of age
21and less than 12 years of age, and 50% of the total amount of
22each account for which the current age of the beneficiary is at
23least 12 years of age. The Treasurer shall develop, publish,
24and implement an investment policy covering the investment of
25the moneys in the College Savings Pool. The policy shall be
26published each year as part of the audit of the College Savings

 

 

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1Pool by the Auditor General, which shall be distributed to all
2participants. The Treasurer shall notify all participants in
3writing, and the Treasurer shall publish in a newspaper of
4general circulation in both Chicago and Springfield, any
5changes to the previously published investment policy at least
630 calendar days before implementing the policy. Any investment
7policy adopted by the Treasurer shall be reviewed and updated
8if necessary within 90 days following the date that the State
9Treasurer takes office.
10    Participants shall be required to use moneys distributed
11from the College Savings Pool for qualified expenses at
12eligible educational institutions. "Qualified expenses", as
13used in this Section, means the following: (i) tuition, fees,
14and the costs of books, supplies, and equipment required for
15enrollment or attendance at an eligible educational
16institution; (ii) expenses for special needs services, in the
17case of a special needs beneficiary, which are incurred in
18connection with such enrollment or attendance; (iii) certain
19expenses for the purchase of computer or peripheral equipment,
20as defined in Section 168 of the federal Internal Revenue Code
21(26 U.S.C. 168), computer software, as defined in Section 197
22of the federal Internal Revenue Code (26 U.S.C. 197), or
23Internet internet access and related services, if such
24equipment, software, or services are to be used primarily by
25the beneficiary during any of the years the beneficiary is
26enrolled at an eligible educational institution, except that,

 

 

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1such expenses shall not include expenses for computer software
2designed for sports, games, or hobbies, unless the software is
3predominantly educational in nature; and (iv) certain room and
4board expenses incurred while attending an eligible
5educational institution at least half-time. "Eligible
6educational institutions", as used in this Section, means
7public and private colleges, junior colleges, graduate
8schools, and certain vocational institutions that are
9described in Section 481 of the Higher Education Act of 1965
10(20 U.S.C. 1088) and that are eligible to participate in
11Department of Education student aid programs. A student shall
12be considered to be enrolled at least half-time if the student
13is enrolled for at least half the full-time academic work load
14for the course of study the student is pursuing as determined
15under the standards of the institution at which the student is
16enrolled. Distributions made from the pool for qualified
17expenses shall be made directly to the eligible educational
18institution, directly to a vendor, in the form of a check
19payable to both the beneficiary and the institution or vendor,
20or directly to the designated beneficiary in a manner that is
21permissible under Section 529 of the Internal Revenue Code. Any
22moneys that are distributed in any other manner or that are
23used for expenses other than qualified expenses at an eligible
24educational institution shall be subject to a penalty of 10% of
25the earnings unless the beneficiary dies, becomes a person with
26a disability, or receives a scholarship that equals or exceeds

 

 

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

 

 

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1the Treasurer and the Director of the Illinois Student
2Assistance Commission. The Treasurer's office shall not
3publicize or otherwise market the College Savings Pool or
4accept any moneys into the College Savings Pool prior to March
51, 2000. The Treasurer shall provide a separate accounting for
6each designated beneficiary to each participant, the Illinois
7Student Assistance Commission, and the participating financial
8institution at which the account was processed. No interest in
9the program may be pledged as security for a loan. Moneys held
10in an account invested in the Illinois College Savings Pool
11shall be exempt from all claims of the creditors of the
12participant, donor, or designated beneficiary of that account,
13except for the non-exempt College Savings Pool transfers to or
14from the account as defined under subsection (j) of Section
1512-1001 of the Code of Civil Procedure (735 ILCS 5/12-1001(j)).
16    The assets of the College Savings Pool and its income and
17operation shall be exempt from all taxation by the State of
18Illinois and any of its subdivisions. The accrued earnings on
19investments in the Pool once disbursed on behalf of a
20designated beneficiary shall be similarly exempt from all
21taxation by the State of Illinois and its subdivisions, so long
22as they are used for qualified expenses. Contributions to a
23College Savings Pool account during the taxable year may be
24deducted from adjusted gross income as provided in Section 203
25of the Illinois Income Tax Act. The provisions of this
26paragraph are exempt from Section 250 of the Illinois Income

 

 

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1Tax Act.
2    The Treasurer shall adopt rules he or she considers
3necessary for the efficient administration of the College
4Savings Pool. The rules shall provide whatever additional
5parameters and restrictions are necessary to ensure that the
6College Savings Pool meets all of the requirements for a
7qualified state tuition program under Section 529 of the
8Internal Revenue Code (26 U.S.C. 529). The rules shall provide
9for the administration expenses of the pool to be paid from its
10earnings and for the investment earnings in excess of the
11expenses and all moneys collected as penalties to be credited
12or paid monthly to the several participants in the pool in a
13manner which equitably reflects the differing amounts of their
14respective investments in the pool and the differing periods of
15time for which those amounts were in the custody of the pool.
16Also, the rules shall require the maintenance of records that
17enable the Treasurer's office to produce a report for each
18account in the pool at least annually that documents the
19account balance and investment earnings. Notice of any proposed
20amendments to the rules and regulations shall be provided to
21all participants prior to adoption. Amendments to rules and
22regulations shall apply only to contributions made after the
23adoption of the amendment.
24    Upon creating the College Savings Pool, the State Treasurer
25shall give bond with 2 or more sufficient sureties, payable to
26and for the benefit of the participants in the College Savings

 

 

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1Pool, in the penal sum of $1,000,000, conditioned upon the
2faithful discharge of his or her duties in relation to the
3College Savings Pool.
4(Source: P.A. 91-607, eff. 1-1-00; 91-829, eff. 1-1-01; 91-943,
5eff. 2-9-01; 92-16, eff. 6-28-01; 92-439, eff. 8-17-01; 92-626,
6eff 7-11-02; 93-812, eff. 1-1-05; 95-23, eff. 8-3-07; 95-306,
7eff. 1-1-08; 95-521, eff. 8-28-07; 95-876, eff. 8-21-08;
897-233, eff. 8-1-11; 97-537, eff. 8-23-11; 97-813, eff.
97-13-12; 99-143, eff. 7-27-15; 100-161, eff. 8-18-17; revised
1010-2-17.)
 
11    Section 35. The Personnel Code is amended by changing
12Section 17 as follows:
 
13    (20 ILCS 415/17)  (from Ch. 127, par. 63b117)
14    Sec. 17. Status of present employees. Employees holding
15positions in the State service herein shall continue under the
16following conditions:
17        (1) Employees who have been appointed as a result of
18    having passed examinations in existing merit systems, and
19    who have satisfactorily passed their probationary period,
20    or who have been promoted in accordance with the rules
21    thereunder, shall be continued without further
22    examination, but shall be otherwise subject to the
23    provisions of this Act and the rules made pursuant to it.
24        (2) All other such employees shall be continued in

 

 

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1    their respective positions if they pass a qualifying
2    examination prescribed by the Director prior to October 1,
3    1958, and satisfactorily complete their respective
4    probationary periods. Employees in federally aided
5    programs, which on July 1, 1956, were subject to Federal
6    merit system standards, who have not been appointed from
7    registers established as a result of merit system
8    examinations shall qualify through open competitive
9    examinations for their positions and certification from
10    the resulting registers. Those who fail to qualify as
11    provided herein shall be dismissed from their positions.
12    Nothing herein precludes the reclassification or
13    reallocation as provided by this Act of any position held
14    by any such incumbent.
15(Source: P.A. 76-628; revised 9-22-17.)
 
16    Section 40. The Children and Family Services Act is amended
17by changing Sections 5 and 35.7 as follows:
 
18    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
19    Sec. 5. Direct child welfare services; Department of
20Children and Family Services. To provide direct child welfare
21services when not available through other public or private
22child care or program facilities.
23    (a) For purposes of this Section:
24        (1) "Children" means persons found within the State who

 

 

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1    are under the age of 18 years. The term also includes
2    persons under age 21 who:
3            (A) were committed to the Department pursuant to
4        the Juvenile Court Act or the Juvenile Court Act of
5        1987, as amended, prior to the age of 18 and who
6        continue under the jurisdiction of the court; or
7            (B) were accepted for care, service and training by
8        the Department prior to the age of 18 and whose best
9        interest in the discretion of the Department would be
10        served by continuing that care, service and training
11        because of severe emotional disturbances, physical
12        disability, social adjustment or any combination
13        thereof, or because of the need to complete an
14        educational or vocational training program.
15        (2) "Homeless youth" means persons found within the
16    State who are under the age of 19, are not in a safe and
17    stable living situation and cannot be reunited with their
18    families.
19        (3) "Child welfare services" means public social
20    services which are directed toward the accomplishment of
21    the following purposes:
22            (A) protecting and promoting the health, safety
23        and welfare of children, including homeless, dependent
24        or neglected children;
25            (B) remedying, or assisting in the solution of
26        problems which may result in, the neglect, abuse,

 

 

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1        exploitation or delinquency of children;
2            (C) preventing the unnecessary separation of
3        children from their families by identifying family
4        problems, assisting families in resolving their
5        problems, and preventing the breakup of the family
6        where the prevention of child removal is desirable and
7        possible when the child can be cared for at home
8        without endangering the child's health and safety;
9            (D) restoring to their families children who have
10        been removed, by the provision of services to the child
11        and the families when the child can be cared for at
12        home without endangering the child's health and
13        safety;
14            (E) placing children in suitable adoptive homes,
15        in cases where restoration to the biological family is
16        not safe, possible or appropriate;
17            (F) assuring safe and adequate care of children
18        away from their homes, in cases where the child cannot
19        be returned home or cannot be placed for adoption. At
20        the time of placement, the Department shall consider
21        concurrent planning, as described in subsection (l-1)
22        of this Section so that permanency may occur at the
23        earliest opportunity. Consideration should be given so
24        that if reunification fails or is delayed, the
25        placement made is the best available placement to
26        provide permanency for the child;

 

 

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1            (G) (blank);
2            (H) (blank); and
3            (I) placing and maintaining children in facilities
4        that provide separate living quarters for children
5        under the age of 18 and for children 18 years of age
6        and older, unless a child 18 years of age is in the
7        last year of high school education or vocational
8        training, in an approved individual or group treatment
9        program, in a licensed shelter facility, or secure
10        child care facility. The Department is not required to
11        place or maintain children:
12                (i) who are in a foster home, or
13                (ii) who are persons with a developmental
14            disability, as defined in the Mental Health and
15            Developmental Disabilities Code, or
16                (iii) who are female children who are
17            pregnant, pregnant and parenting or parenting, or
18                (iv) who are siblings, in facilities that
19            provide separate living quarters for children 18
20            years of age and older and for children under 18
21            years of age.
22    (b) Nothing in this Section shall be construed to authorize
23the expenditure of public funds for the purpose of performing
24abortions.
25    (c) The Department shall establish and maintain
26tax-supported child welfare services and extend and seek to

 

 

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1improve voluntary services throughout the State, to the end
2that services and care shall be available on an equal basis
3throughout the State to children requiring such services.
4    (d) The Director may authorize advance disbursements for
5any new program initiative to any agency contracting with the
6Department. As a prerequisite for an advance disbursement, the
7contractor must post a surety bond in the amount of the advance
8disbursement and have a purchase of service contract approved
9by the Department. The Department may pay up to 2 months
10operational expenses in advance. The amount of the advance
11disbursement shall be prorated over the life of the contract or
12the remaining months of the fiscal year, whichever is less, and
13the installment amount shall then be deducted from future
14bills. Advance disbursement authorizations for new initiatives
15shall not be made to any agency after that agency has operated
16during 2 consecutive fiscal years. The requirements of this
17Section concerning advance disbursements shall not apply with
18respect to the following: payments to local public agencies for
19child day care services as authorized by Section 5a of this
20Act; and youth service programs receiving grant funds under
21Section 17a-4.
22    (e) (Blank).
23    (f) (Blank).
24    (g) The Department shall establish rules and regulations
25concerning its operation of programs designed to meet the goals
26of child safety and protection, family preservation, family

 

 

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1reunification, and adoption, including but not limited to:
2        (1) adoption;
3        (2) foster care;
4        (3) family counseling;
5        (4) protective services;
6        (5) (blank);
7        (6) homemaker service;
8        (7) return of runaway children;
9        (8) (blank);
10        (9) placement under Section 5-7 of the Juvenile Court
11    Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile
12    Court Act of 1987 in accordance with the federal Adoption
13    Assistance and Child Welfare Act of 1980; and
14        (10) interstate services.
15    Rules and regulations established by the Department shall
16include provisions for training Department staff and the staff
17of Department grantees, through contracts with other agencies
18or resources, in alcohol and drug abuse screening techniques
19approved by the Department of Human Services, as a successor to
20the Department of Alcoholism and Substance Abuse, for the
21purpose of identifying children and adults who should be
22referred to an alcohol and drug abuse treatment program for
23professional evaluation.
24    (h) If the Department finds that there is no appropriate
25program or facility within or available to the Department for a
26youth in care and that no licensed private facility has an

 

 

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1adequate and appropriate program or none agrees to accept the
2youth in care, the Department shall create an appropriate
3individualized, program-oriented plan for such youth in care.
4The plan may be developed within the Department or through
5purchase of services by the Department to the extent that it is
6within its statutory authority to do.
7    (i) Service programs shall be available throughout the
8State and shall include but not be limited to the following
9services:
10        (1) case management;
11        (2) homemakers;
12        (3) counseling;
13        (4) parent education;
14        (5) day care; and
15        (6) emergency assistance and advocacy.
16    In addition, the following services may be made available
17to assess and meet the needs of children and families:
18        (1) comprehensive family-based services;
19        (2) assessments;
20        (3) respite care; and
21        (4) in-home health services.
22    The Department shall provide transportation for any of the
23services it makes available to children or families or for
24which it refers children or families.
25    (j) The Department may provide categories of financial
26assistance and education assistance grants, and shall

 

 

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1establish rules and regulations concerning the assistance and
2grants, to persons who adopt children with physical or mental
3disabilities, children who are older, or other hard-to-place
4children who (i) immediately prior to their adoption were youth
5in care or (ii) were determined eligible for financial
6assistance with respect to a prior adoption and who become
7available for adoption because the prior adoption has been
8dissolved and the parental rights of the adoptive parents have
9been terminated or because the child's adoptive parents have
10died. The Department may continue to provide financial
11assistance and education assistance grants for a child who was
12determined eligible for financial assistance under this
13subsection (j) in the interim period beginning when the child's
14adoptive parents died and ending with the finalization of the
15new adoption of the child by another adoptive parent or
16parents. The Department may also provide categories of
17financial assistance and education assistance grants, and
18shall establish rules and regulations for the assistance and
19grants, to persons appointed guardian of the person under
20Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
214-25 or 5-740 of the Juvenile Court Act of 1987 for children
22who were youth in care for 12 months immediately prior to the
23appointment of the guardian.
24    The amount of assistance may vary, depending upon the needs
25of the child and the adoptive parents, as set forth in the
26annual assistance agreement. Special purpose grants are

 

 

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1allowed where the child requires special service but such costs
2may not exceed the amounts which similar services would cost
3the Department if it were to provide or secure them as guardian
4of the child.
5    Any financial assistance provided under this subsection is
6inalienable by assignment, sale, execution, attachment,
7garnishment, or any other remedy for recovery or collection of
8a judgment or debt.
9    (j-5) The Department shall not deny or delay the placement
10of a child for adoption if an approved family is available
11either outside of the Department region handling the case, or
12outside of the State of Illinois.
13    (k) The Department shall accept for care and training any
14child who has been adjudicated neglected or abused, or
15dependent committed to it pursuant to the Juvenile Court Act or
16the Juvenile Court Act of 1987.
17    (l) The Department shall offer family preservation
18services, as defined in Section 8.2 of the Abused and Neglected
19Child Reporting Act, to help families, including adoptive and
20extended families. Family preservation services shall be
21offered (i) to prevent the placement of children in substitute
22care when the children can be cared for at home or in the
23custody of the person responsible for the children's welfare,
24(ii) to reunite children with their families, or (iii) to
25maintain an adoptive placement. Family preservation services
26shall only be offered when doing so will not endanger the

 

 

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1children's health or safety. With respect to children who are
2in substitute care pursuant to the Juvenile Court Act of 1987,
3family preservation services shall not be offered if a goal
4other than those of subdivisions (A), (B), or (B-1) of
5subsection (2) of Section 2-28 of that Act has been set.
6Nothing in this paragraph shall be construed to create a
7private right of action or claim on the part of any individual
8or child welfare agency, except that when a child is the
9subject of an action under Article II of the Juvenile Court Act
10of 1987 and the child's service plan calls for services to
11facilitate achievement of the permanency goal, the court
12hearing the action under Article II of the Juvenile Court Act
13of 1987 may order the Department to provide the services set
14out in the plan, if those services are not provided with
15reasonable promptness and if those services are available.
16    The Department shall notify the child and his family of the
17Department's responsibility to offer and provide family
18preservation services as identified in the service plan. The
19child and his family shall be eligible for services as soon as
20the report is determined to be "indicated". The Department may
21offer services to any child or family with respect to whom a
22report of suspected child abuse or neglect has been filed,
23prior to concluding its investigation under Section 7.12 of the
24Abused and Neglected Child Reporting Act. However, the child's
25or family's willingness to accept services shall not be
26considered in the investigation. The Department may also

 

 

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1provide services to any child or family who is the subject of
2any report of suspected child abuse or neglect or may refer
3such child or family to services available from other agencies
4in the community, even if the report is determined to be
5unfounded, if the conditions in the child's or family's home
6are reasonably likely to subject the child or family to future
7reports of suspected child abuse or neglect. Acceptance of such
8services shall be voluntary. The Department may also provide
9services to any child or family after completion of a family
10assessment, as an alternative to an investigation, as provided
11under the "differential response program" provided for in
12subsection (a-5) of Section 7.4 of the Abused and Neglected
13Child Reporting Act.
14    The Department may, at its discretion except for those
15children also adjudicated neglected or dependent, accept for
16care and training any child who has been adjudicated addicted,
17as a truant minor in need of supervision or as a minor
18requiring authoritative intervention, under the Juvenile Court
19Act or the Juvenile Court Act of 1987, but no such child shall
20be committed to the Department by any court without the
21approval of the Department. On and after January 1, 2015 (the
22effective date of Public Act 98-803) this amendatory Act of the
2398th General Assembly and before January 1, 2017, a minor
24charged with a criminal offense under the Criminal Code of 1961
25or the Criminal Code of 2012 or adjudicated delinquent shall
26not be placed in the custody of or committed to the Department

 

 

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1by any court, except (i) a minor less than 16 years of age
2committed to the Department under Section 5-710 of the Juvenile
3Court Act of 1987, (ii) a minor for whom an independent basis
4of abuse, neglect, or dependency exists, which must be defined
5by departmental rule, or (iii) a minor for whom the court has
6granted a supplemental petition to reinstate wardship pursuant
7to subsection (2) of Section 2-33 of the Juvenile Court Act of
81987. On and after January 1, 2017, a minor charged with a
9criminal offense under the Criminal Code of 1961 or the
10Criminal Code of 2012 or adjudicated delinquent shall not be
11placed in the custody of or committed to the Department by any
12court, except (i) a minor less than 15 years of age committed
13to the Department under Section 5-710 of the Juvenile Court Act
14of 1987, ii) a minor for whom an independent basis of abuse,
15neglect, or dependency exists, which must be defined by
16departmental rule, or (iii) a minor for whom the court has
17granted a supplemental petition to reinstate wardship pursuant
18to subsection (2) of Section 2-33 of the Juvenile Court Act of
191987. An independent basis exists when the allegations or
20adjudication of abuse, neglect, or dependency do not arise from
21the same facts, incident, or circumstances which give rise to a
22charge or adjudication of delinquency. The Department shall
23assign a caseworker to attend any hearing involving a youth in
24the care and custody of the Department who is placed on
25aftercare release, including hearings involving sanctions for
26violation of aftercare release conditions and aftercare

 

 

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1release revocation hearings.
2    As soon as is possible after August 7, 2009 (the effective
3date of Public Act 96-134), the Department shall develop and
4implement a special program of family preservation services to
5support intact, foster, and adoptive families who are
6experiencing extreme hardships due to the difficulty and stress
7of caring for a child who has been diagnosed with a pervasive
8developmental disorder if the Department determines that those
9services are necessary to ensure the health and safety of the
10child. The Department may offer services to any family whether
11or not a report has been filed under the Abused and Neglected
12Child Reporting Act. The Department may refer the child or
13family to services available from other agencies in the
14community if the conditions in the child's or family's home are
15reasonably likely to subject the child or family to future
16reports of suspected child abuse or neglect. Acceptance of
17these services shall be voluntary. The Department shall develop
18and implement a public information campaign to alert health and
19social service providers and the general public about these
20special family preservation services. The nature and scope of
21the services offered and the number of families served under
22the special program implemented under this paragraph shall be
23determined by the level of funding that the Department annually
24allocates for this purpose. The term "pervasive developmental
25disorder" under this paragraph means a neurological condition,
26including but not limited to, Asperger's Syndrome and autism,

 

 

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1as defined in the most recent edition of the Diagnostic and
2Statistical Manual of Mental Disorders of the American
3Psychiatric Association.
4    (l-1) The legislature recognizes that the best interests of
5the child require that the child be placed in the most
6permanent living arrangement as soon as is practically
7possible. To achieve this goal, the legislature directs the
8Department of Children and Family Services to conduct
9concurrent planning so that permanency may occur at the
10earliest opportunity. Permanent living arrangements may
11include prevention of placement of a child outside the home of
12the family when the child can be cared for at home without
13endangering the child's health or safety; reunification with
14the family, when safe and appropriate, if temporary placement
15is necessary; or movement of the child toward the most
16permanent living arrangement and permanent legal status.
17    When determining reasonable efforts to be made with respect
18to a child, as described in this subsection, and in making such
19reasonable efforts, the child's health and safety shall be the
20paramount concern.
21    When a child is placed in foster care, the Department shall
22ensure and document that reasonable efforts were made to
23prevent or eliminate the need to remove the child from the
24child's home. The Department must make reasonable efforts to
25reunify the family when temporary placement of the child occurs
26unless otherwise required, pursuant to the Juvenile Court Act

 

 

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1of 1987. At any time after the dispositional hearing where the
2Department believes that further reunification services would
3be ineffective, it may request a finding from the court that
4reasonable efforts are no longer appropriate. The Department is
5not required to provide further reunification services after
6such a finding.
7    A decision to place a child in substitute care shall be
8made with considerations of the child's health, safety, and
9best interests. At the time of placement, consideration should
10also be given so that if reunification fails or is delayed, the
11placement made is the best available placement to provide
12permanency for the child.
13    The Department shall adopt rules addressing concurrent
14planning for reunification and permanency. The Department
15shall consider the following factors when determining
16appropriateness of concurrent planning:
17        (1) the likelihood of prompt reunification;
18        (2) the past history of the family;
19        (3) the barriers to reunification being addressed by
20    the family;
21        (4) the level of cooperation of the family;
22        (5) the foster parents' willingness to work with the
23    family to reunite;
24        (6) the willingness and ability of the foster family to
25    provide an adoptive home or long-term placement;
26        (7) the age of the child;

 

 

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1        (8) placement of siblings.
2    (m) The Department may assume temporary custody of any
3child if:
4        (1) it has received a written consent to such temporary
5    custody signed by the parents of the child or by the parent
6    having custody of the child if the parents are not living
7    together or by the guardian or custodian of the child if
8    the child is not in the custody of either parent, or
9        (2) the child is found in the State and neither a
10    parent, guardian nor custodian of the child can be located.
11If the child is found in his or her residence without a parent,
12guardian, custodian or responsible caretaker, the Department
13may, instead of removing the child and assuming temporary
14custody, place an authorized representative of the Department
15in that residence until such time as a parent, guardian or
16custodian enters the home and expresses a willingness and
17apparent ability to ensure the child's health and safety and
18resume permanent charge of the child, or until a relative
19enters the home and is willing and able to ensure the child's
20health and safety and assume charge of the child until a
21parent, guardian or custodian enters the home and expresses
22such willingness and ability to ensure the child's safety and
23resume permanent charge. After a caretaker has remained in the
24home for a period not to exceed 12 hours, the Department must
25follow those procedures outlined in Section 2-9, 3-11, 4-8, or
265-415 of the Juvenile Court Act of 1987.

 

 

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1    The Department shall have the authority, responsibilities
2and duties that a legal custodian of the child would have
3pursuant to subsection (9) of Section 1-3 of the Juvenile Court
4Act of 1987. Whenever a child is taken into temporary custody
5pursuant to an investigation under the Abused and Neglected
6Child Reporting Act, or pursuant to a referral and acceptance
7under the Juvenile Court Act of 1987 of a minor in limited
8custody, the Department, during the period of temporary custody
9and before the child is brought before a judicial officer as
10required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
11Court Act of 1987, shall have the authority, responsibilities
12and duties that a legal custodian of the child would have under
13subsection (9) of Section 1-3 of the Juvenile Court Act of
141987.
15    The Department shall ensure that any child taken into
16custody is scheduled for an appointment for a medical
17examination.
18    A parent, guardian or custodian of a child in the temporary
19custody of the Department who would have custody of the child
20if he were not in the temporary custody of the Department may
21deliver to the Department a signed request that the Department
22surrender the temporary custody of the child. The Department
23may retain temporary custody of the child for 10 days after the
24receipt of the request, during which period the Department may
25cause to be filed a petition pursuant to the Juvenile Court Act
26of 1987. If a petition is so filed, the Department shall retain

 

 

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1temporary custody of the child until the court orders
2otherwise. If a petition is not filed within the 10-day 10 day
3period, the child shall be surrendered to the custody of the
4requesting parent, guardian or custodian not later than the
5expiration of the 10-day 10 day period, at which time the
6authority and duties of the Department with respect to the
7temporary custody of the child shall terminate.
8    (m-1) The Department may place children under 18 years of
9age in a secure child care facility licensed by the Department
10that cares for children who are in need of secure living
11arrangements for their health, safety, and well-being after a
12determination is made by the facility director and the Director
13or the Director's designate prior to admission to the facility
14subject to Section 2-27.1 of the Juvenile Court Act of 1987.
15This subsection (m-1) does not apply to a child who is subject
16to placement in a correctional facility operated pursuant to
17Section 3-15-2 of the Unified Code of Corrections, unless the
18child is a youth in care who was placed in the care of the
19Department before being subject to placement in a correctional
20facility and a court of competent jurisdiction has ordered
21placement of the child in a secure care facility.
22    (n) The Department may place children under 18 years of age
23in licensed child care facilities when in the opinion of the
24Department, appropriate services aimed at family preservation
25have been unsuccessful and cannot ensure the child's health and
26safety or are unavailable and such placement would be for their

 

 

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1best interest. Payment for board, clothing, care, training and
2supervision of any child placed in a licensed child care
3facility may be made by the Department, by the parents or
4guardians of the estates of those children, or by both the
5Department and the parents or guardians, except that no
6payments shall be made by the Department for any child placed
7in a licensed child care facility for board, clothing, care,
8training and supervision of such a child that exceed the
9average per capita cost of maintaining and of caring for a
10child in institutions for dependent or neglected children
11operated by the Department. However, such restriction on
12payments does not apply in cases where children require
13specialized care and treatment for problems of severe emotional
14disturbance, physical disability, social adjustment, or any
15combination thereof and suitable facilities for the placement
16of such children are not available at payment rates within the
17limitations set forth in this Section. All reimbursements for
18services delivered shall be absolutely inalienable by
19assignment, sale, attachment, garnishment or otherwise.
20    (n-1) The Department shall provide or authorize child
21welfare services, aimed at assisting minors to achieve
22sustainable self-sufficiency as independent adults, for any
23minor eligible for the reinstatement of wardship pursuant to
24subsection (2) of Section 2-33 of the Juvenile Court Act of
251987, whether or not such reinstatement is sought or allowed,
26provided that the minor consents to such services and has not

 

 

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1yet attained the age of 21. The Department shall have
2responsibility for the development and delivery of services
3under this Section. An eligible youth may access services under
4this Section through the Department of Children and Family
5Services or by referral from the Department of Human Services.
6Youth participating in services under this Section shall
7cooperate with the assigned case manager in developing an
8agreement identifying the services to be provided and how the
9youth will increase skills to achieve self-sufficiency. A
10homeless shelter is not considered appropriate housing for any
11youth receiving child welfare services under this Section. The
12Department shall continue child welfare services under this
13Section to any eligible minor until the minor becomes 21 years
14of age, no longer consents to participate, or achieves
15self-sufficiency as identified in the minor's service plan. The
16Department of Children and Family Services shall create clear,
17readable notice of the rights of former foster youth to child
18welfare services under this Section and how such services may
19be obtained. The Department of Children and Family Services and
20the Department of Human Services shall disseminate this
21information statewide. The Department shall adopt regulations
22describing services intended to assist minors in achieving
23sustainable self-sufficiency as independent adults.
24    (o) The Department shall establish an administrative
25review and appeal process for children and families who request
26or receive child welfare services from the Department. Youth in

 

 

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1care who are placed by private child welfare agencies, and
2foster families with whom those youth are placed, shall be
3afforded the same procedural and appeal rights as children and
4families in the case of placement by the Department, including
5the right to an initial review of a private agency decision by
6that agency. The Department shall ensure that any private child
7welfare agency, which accepts youth in care for placement,
8affords those rights to children and foster families. The
9Department shall accept for administrative review and an appeal
10hearing a complaint made by (i) a child or foster family
11concerning a decision following an initial review by a private
12child welfare agency or (ii) a prospective adoptive parent who
13alleges a violation of subsection (j-5) of this Section. An
14appeal of a decision concerning a change in the placement of a
15child shall be conducted in an expedited manner. A court
16determination that a current foster home placement is necessary
17and appropriate under Section 2-28 of the Juvenile Court Act of
181987 does not constitute a judicial determination on the merits
19of an administrative appeal, filed by a former foster parent,
20involving a change of placement decision.
21    (p) (Blank).
22    (q) The Department may receive and use, in their entirety,
23for the benefit of children any gift, donation or bequest of
24money or other property which is received on behalf of such
25children, or any financial benefits to which such children are
26or may become entitled while under the jurisdiction or care of

 

 

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1the Department.
2    The Department shall set up and administer no-cost,
3interest-bearing accounts in appropriate financial
4institutions for children for whom the Department is legally
5responsible and who have been determined eligible for Veterans'
6Benefits, Social Security benefits, assistance allotments from
7the armed forces, court ordered payments, parental voluntary
8payments, Supplemental Security Income, Railroad Retirement
9payments, Black Lung benefits, or other miscellaneous
10payments. Interest earned by each account shall be credited to
11the account, unless disbursed in accordance with this
12subsection.
13    In disbursing funds from children's accounts, the
14Department shall:
15        (1) Establish standards in accordance with State and
16    federal laws for disbursing money from children's
17    accounts. In all circumstances, the Department's
18    "Guardianship Administrator" or his or her designee must
19    approve disbursements from children's accounts. The
20    Department shall be responsible for keeping complete
21    records of all disbursements for each account for any
22    purpose.
23        (2) Calculate on a monthly basis the amounts paid from
24    State funds for the child's board and care, medical care
25    not covered under Medicaid, and social services; and
26    utilize funds from the child's account, as covered by

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1level.
2    (u-5) Effective July 1, 1995, only foster care placements
3licensed as foster family homes pursuant to the Child Care Act
4of 1969 shall be eligible to receive foster care payments from
5the Department. Relative caregivers who, as of July 1, 1995,
6were approved pursuant to approved relative placement rules
7previously promulgated by the Department at 89 Ill. Adm. Code
8335 and had submitted an application for licensure as a foster
9family home may continue to receive foster care payments only
10until the Department determines that they may be licensed as a
11foster family home or that their application for licensure is
12denied or until September 30, 1995, whichever occurs first.
13    (v) The Department shall access criminal history record
14information as defined in the Illinois Uniform Conviction
15Information Act and information maintained in the adjudicatory
16and dispositional record system as defined in Section 2605-355
17of the Department of State Police Law (20 ILCS 2605/2605-355)
18if the Department determines the information is necessary to
19perform its duties under the Abused and Neglected Child
20Reporting Act, the Child Care Act of 1969, and the Children and
21Family Services Act. The Department shall provide for
22interactive computerized communication and processing
23equipment that permits direct on-line communication with the
24Department of State Police's central criminal history data
25repository. The Department shall comply with all certification
26requirements and provide certified operators who have been

 

 

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

 

 

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

 

 

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11987. The Department shall conduct such credit checks starting
2when a youth in care turns 12 years old and each year
3thereafter for the duration of the guardianship as terminated
4pursuant to the Juvenile Court Act of 1987. The Department
5shall determine if financial exploitation of the child's
6personal information has occurred. If financial exploitation
7appears to have taken place or is presently ongoing, the
8Department shall notify the proper law enforcement agency, the
9proper State's Attorney, or the Attorney General.
10    (y) Beginning on July 22, 2010 (the effective date of
11Public Act 96-1189) this amendatory Act of the 96th General
12Assembly, a child with a disability who receives residential
13and educational services from the Department shall be eligible
14to receive transition services in accordance with Article 14 of
15the School Code from the age of 14.5 through age 21, inclusive,
16notwithstanding the child's residential services arrangement.
17For purposes of this subsection, "child with a disability"
18means a child with a disability as defined by the federal
19Individuals with Disabilities Education Improvement Act of
202004.
21    (z) The Department shall access criminal history record
22information as defined as "background information" in this
23subsection and criminal history record information as defined
24in the Illinois Uniform Conviction Information Act for each
25Department employee or Department applicant. Each Department
26employee or Department applicant shall submit his or her

 

 

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

 

 

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1    Department applicant.
2        (iii) Information obtained by the Department of
3    Children and Family Services after performing a check of
4    the Child Abuse and Neglect Tracking System (CANTS)
5    operated and maintained by the Department.
6    "Department employee" means a full-time or temporary
7employee coded or certified within the State of Illinois
8Personnel System.
9    "Department applicant" means an individual who has
10conditional Department full-time or part-time work, a
11contractor, an individual used to replace or supplement staff,
12an academic intern, a volunteer in Department offices or on
13Department contracts, a work-study student, an individual or
14entity licensed by the Department, or an unlicensed service
15provider who works as a condition of a contract or an agreement
16and whose work may bring the unlicensed service provider into
17contact with Department clients or client records.
18(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17;
19100-159, eff. 8-18-17; 100-522, eff. 9-22-17; revised
201-22-18.)
 
21    (20 ILCS 505/35.7)
22    Sec. 35.7. Error Reduction Implementations Plans;
23Inspector General.
24    (a) The Inspector General of the Department of Children and
25Family Services shall develop Error Reduction Implementation

 

 

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1Plans, as necessary, to remedy patterns of errors or
2problematic practices that compromise or threaten the safety of
3children as identified in the DCFS Office of the Inspector
4General (OIG) death or serious injury investigations and Child
5Death Review Teams recommendations. The Error Reduction
6Implementation Plans shall include both training and on-site
7components. The Inspector General shall submit proposed Error
8Reduction Implementation Plans to the Director for review. The
9Director may approve the plans submitted, or approve plans
10amended by the Office of the Inspector General, taking into
11consideration policies polices and procedures that govern the
12function and performance of any affected frontline staff. The
13Director shall document the basis for disapproval of any
14submitted or amended plan. The Department shall deploy Error
15Reduction Safety Teams to implement the Error Reduction
16Implementation Plans. The Error Reduction Safety Teams shall be
17composed of Quality Assurance and Division of Training staff to
18implement hands-on training and Error Reduction Implementation
19Plans. The teams shall work in the offices of the Department or
20of agencies, or both, as required by the Error Reduction
21Implementation Plans, and shall work to ensure that systems are
22in place to continue reform efforts after the departure of the
23teams. The Director shall develop a method to ensure consistent
24compliance with any Error Reduction Implementation Plans, the
25provisions of which shall be incorporated into the plan.
26    (b) Quality Assurance shall prepare public reports

 

 

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1annually detailing the following: the substance of any Error
2Reduction Implementation Plan approved; any deviations from
3the Error Reduction Plan; whether adequate staff was available
4to perform functions necessary to the Error Reduction
5Implementation Plan, including identification and reporting of
6any staff needs; other problems noted or barriers to
7implementing the Error Reduction Implementation Plan; and
8recommendations for additional training, amendments to rules
9and procedures, or other systemic reform identified by the
10teams. Quality Assurance shall work with affected frontline
11staff to implement provisions of the approved Error Reduction
12Implementation Plans related to staff function and
13performance.
14    (c) The Error Reduction Teams shall implement training and
15reform protocols through incubating change in each region,
16Department office, or purchase of service office, as required.
17The teams shall administer hands-on assistance, supervision,
18and management while ensuring that the office, region, or
19agency develops the skills and systems necessary to incorporate
20changes on a permanent basis. For each Error Reduction
21Implementation Plan, the Team shall determine whether adequate
22staff is available to fulfill the Error Reduction
23Implementation Plan, provide case-by-case supervision to
24ensure that the plan is implemented, and ensure that management
25puts systems in place to enable the reforms to continue. Error
26Reduction Teams shall work with affected frontline staff to

 

 

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1ensure that provisions of the approved Error Reduction
2Implementation Plans relating to staff functions and
3performance are achieved to effect necessary reforms.
4    (d) The OIG shall develop and submit new Error Reduction
5Implementation Plans as necessary. To implement each Error
6Reduction Implementation Plan, as approved by the Director, the
7OIG shall work with Quality Assurance members of the Error
8Reduction Teams designated by the Department. The teams shall
9be comprised of staff from Quality Assurance and Training.
10Training shall work with the OIG and with the child death
11review teams to develop a curriculum to address errors
12identified that compromise the safety of children. Following
13the training roll-out, the Teams shall work on-site in
14identified offices. The Teams shall review and supervise all
15work relevant to the Error Reduction Implementation Plan.
16Quality Assurance shall identify outcome measures and track
17compliance with the training curriculum. Each quarter, Quality
18Assurance shall prepare a report detailing compliance with the
19Error Reduction Implementation Plan and alert the Director to
20staffing needs or other needs to accomplish the goals of the
21Error Reduction Implementation Plan. The report shall be
22transmitted to the Director, the OIG, and all management staff
23involved in the Error Reduction Implementation Plan.
24    (e) The Director shall review quarterly Quality Assurance
25reports and determine adherence to the Error Reduction
26Implementation Plan using criteria and standards developed by

 

 

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1the Department.
2(Source: P.A. 95-527, eff. 6-1-08; revised 9-27-17.)
 
3    Section 45. The Department of Commerce and Economic
4Opportunity Law of the Civil Administrative Code of Illinois is
5amended by changing Section 605-1020 as follows:
 
6    (20 ILCS 605/605-1020)
7    Sec. 605-1020. Entrepreneur Learner's Permit pilot
8program.
9    (a) Subject to appropriation, there is hereby established
10an Entrepreneur Learner's Permit pilot program that shall be
11administered by the Department beginning on July 1 of the first
12fiscal year for which an appropriation of State moneys is made
13for that purpose and continuing for the next 2 immediately
14succeeding fiscal years; however, the Department is not
15required to administer the program in any fiscal year for which
16such an appropriation has not been made. The purpose of the
17program shall be to encourage and assist beginning
18entrepreneurs in starting new information services,
19biotechnology, and green technology businesses by providing
20reimbursements to those entrepreneurs for any State filing,
21permitting, or licensing fees associated with the formation of
22such a business in the State.
23    (b) Applicants for participation in the Entrepreneur
24Learner's Permit pilot program shall apply to the Department,

 

 

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1in a form and manner prescribed by the Department, prior to the
2formation of the business for which the entrepreneur seeks
3reimbursement of those fees. The Department shall adopt rules
4for the review and approval of applications, provided that it
5(1) shall give priority to applicants who are women female or
6minority persons, or both, and (2) shall not approve any
7application by a person who will not be a beginning
8entrepreneur. Reimbursements under this Section shall be
9provided in the manner determined by the Department. In no
10event shall an applicant apply for participation in the program
11more than 3 times.
12    (c) The aggregate amount of all reimbursements provided by
13the Department pursuant to this Section shall not exceed
14$500,000 in any State fiscal year.
15    (d) On or before February 1 of the last calendar year
16during which the pilot program is in effect, the Department
17shall submit a report to the Governor and the General Assembly
18on the cumulative effectiveness of the Entrepreneur Learner's
19Permit pilot program. The review shall include, but not be
20limited to, the number and type of businesses that were formed
21in connection with the pilot program, the current status of
22each business formed in connection with the pilot program, the
23number of employees employed by each such business, the
24economic impact to the State from the pilot program, the
25satisfaction of participants in the pilot program, and a
26recommendation as to whether the program should be continued.

 

 

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1    (e) As used in this Section:
2        "Beginning entrepreneur" means an individual who, at
3    the time he or she applies for participation in the
4    program, has less than 5 years of experience as a business
5    owner and is not a current business owner.
6        "Woman" "Female" and "minority person" have the
7    meanings given to those terms in the Business Enterprise
8    for Minorities, Women Females, and Persons with
9    Disabilities Act.
10(Source: P.A. 100-541, eff. 11-7-17; revised 12-14-17.)
 
11    Section 50. The Illinois Emergency Employment Development
12Act is amended by changing Section 17 as follows:
 
13    (20 ILCS 630/17)
14    Sec. 17. Work incentive demonstration project. The
15coordinator and members of the Advisory Committee shall explore
16available resources to leverage in combination with the wage
17subsidies in this Act to develop a Transitional Jobs program.
18This Transitional Jobs program would prioritize services for
19individuals with limited experience in the labor market and
20barriers to employment, including, but not limited to,
21recipients of Temporary Assistance for to Needy Families,
22Supplemental Nutrition Assistance Program, or other related
23public assistance, and people with criminal records.
24(Source: P.A. 97-581, eff. 8-26-11; 97-813, eff. 7-13-12;

 

 

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1revised 10-4-17.)
 
2    Section 55. The Rural Diversification Act is amended by
3changing Section 2 as follows:
 
4    (20 ILCS 690/2)  (from Ch. 5, par. 2252)
5    Sec. 2. Findings and declaration of policy. The General
6Assembly hereby finds, determines, and declares:
7        (a) That Illinois is a state of diversified economic
8    strength and that an important economic strength in
9    Illinois is derived from rural business production and the
10    agribusiness industry;
11        (b) That the Illinois rural economy is in a state of
12    transition, which presents a unique opportunity for the
13    State to act on its growth and development;
14        (c) That full and continued growth and development of
15    Illinois' rural economy, especially in the small towns and
16    farm communities, is vital for Illinois;
17        (d) That by encouraging the development of diversified
18    rural business and agricultural production, nonproduction
19    and processing activities in Illinois, the State creates a
20    beneficial climate for new and improved job opportunities
21    for its citizens and expands jobs and job training
22    opportunities;
23        (e) That in order to cultivate strong rural economic
24    growth and development in Illinois, it is necessary to

 

 

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1    proceed with a plan which encourages Illinois rural
2    businesses and agribusinesses to expand business
3    employment opportunities through diversification of
4    business and industries, offers managerial, technical, and
5    financial assistance to or on behalf of rural businesses
6    and agribusiness, and works in a cooperative venture and
7    spirit with Illinois' business, labor, local government,
8    educational, and scientific communities;
9        (f) That dedication of State resources over a
10    multi-year period targeted to promoting the growth and
11    development of one or more classes of diversified rural
12    products, particularly new agricultural products, is an
13    effective use of State funds;
14        (g) That the United States Congress, having identified
15    similar needs and purposes has enacted legislation
16    creating the United States Department of
17    Agriculture/Farmers Home Administration Non-profit
18    National Finance Corporations Loan and Grant Program and
19    made funding available to the states consistent with the
20    purposes of this Act; .
21        (h) That the Illinois General Assembly has enacted
22    "Rural Revival" and a series of "Harvest the Heartland"
23    initiatives which create within the Illinois Finance
24    Authority a "Seed Capital Fund" to provide venture capital
25    for emerging new agribusinesses, and to help coordinate
26    cooperative research and development on new agriculture

 

 

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1    technologies in conjunction with the Agricultural Research
2    and Development Consortium in Peoria, the United States
3    Department of Agriculture Northern Regional Research
4    Laboratory in Peoria, the institutions of higher learning
5    in Illinois, and the agribusiness community of this State,
6    identify the need for enhanced efforts by the State to
7    promote the use of fuels utilizing ethanol made from
8    Illinois grain, and promote forestry development in this
9    State; and
10        (i) That there is a need to coordinate the many
11    programs offered by the State of Illinois Departments of
12    Agriculture, Commerce and Economic Opportunity, and
13    Natural Resources, and the Illinois Finance Authority that
14    are targeted to agriculture and the rural community with
15    those offered by the federal government. Therefore it is
16    desirable that the fullest measure of coordination and
17    integration of the programs offered by the various state
18    agencies and the federal government be achieved.
19(Source: P.A. 95-331, eff. 8-21-07; revised 10-4-17.)
 
20    Section 60. The Department of Natural Resources
21(Conservation) Law of the Civil Administrative Code of Illinois
22is amended by changing Section 805-45 as follows:
 
23    (20 ILCS 805/805-45)
24    Sec. 805-45. Adopt-a-Trail program.

 

 

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1    (a) The Department shall establish an "Adopt-a-Trail"
2program that will allow volunteer groups to assist in
3maintaining and enhancing trails on State owned land.
4    (b) Subject to subsection (c) of this Section, volunteer
5groups in the Adopt-a-Trail program may adopt any available
6trail or trail segment and may choose any one or more of the
7following volunteer activities:
8        (1) spring cleanups;
9        (2) accessibility projects;
10        (3) special events;
11        (4) trail maintenance, enhancement, or realignment;
12        (5) public information and assistance; or
13        (6) training.
14    The Department shall designate and approve specific
15activities to be performed by a volunteer group in the
16Adopt-a-Trail program which shall be executed with an approved
17Adopt-a-Trail agreement. Volunteer services shall not include
18work historically performed by Department employees, including
19services that result in a reduction of hours or compensation or
20that may be performed by an employee on layoff, ; nor shall
21volunteer services be inconsistent with the terms of a
22collective bargaining agreement. The Department may provide
23for more than one volunteer group to adopt an eligible trail or
24trail segment.
25    (c) If the Department operates other programs in the
26vicinity of the trail that allows volunteers to participate in

 

 

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1the Department's Adopt-A-Park Adopt-a-park program or other
2resource, the Department shall coordinate these programs to
3provide for efficient and effective volunteer programs in the
4area.
5    (d) A volunteer group that wishes to participate in the
6Adopt-a-Trail program shall submit an application to the
7Department on a form provided by the Department. Volunteer
8groups shall agree to the following:
9        (1) volunteer groups shall participate in the program
10    for at least a 2-year period;
11        (2) volunteer groups shall consist of at least 6 people
12    who are 18 years of age or older, unless the volunteer
13    group is a school or scout organization, in which case the
14    volunteers may be under 18 years of age, but supervised by
15    someone over the age of 18;
16        (3) volunteer groups shall contribute a total of at
17    least 200 service hours over a 2-year period;
18        (4) volunteer groups shall only execute Adopt-a-Trail
19    projects and activities after a volunteer project
20    agreement has been completed and approved by the
21    Department; and
22        (5) volunteer groups shall comply with all reasonable
23    requirements of the Department.
24(Source: P.A. 100-180, eff. 8-18-17; revised 10-5-17.)
 
25    Section 65. The Department of Human Services Act is amended

 

 

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1by changing Section 1-17 and by setting forth, renumbering, and
2changing multiple versions of Section 1-65 as follows:
 
3    (20 ILCS 1305/1-17)
4    Sec. 1-17. Inspector General.
5    (a) Nature and purpose. It is the express intent of the
6General Assembly to ensure the health, safety, and financial
7condition of individuals receiving services in this State due
8to mental illness, developmental disability, or both by
9protecting those persons from acts of abuse, neglect, or both
10by service providers. To that end, the Office of the Inspector
11General for the Department of Human Services is created to
12investigate and report upon allegations of the abuse, neglect,
13or financial exploitation of individuals receiving services
14within mental health facilities, developmental disabilities
15facilities, and community agencies operated, licensed, funded
16or certified by the Department of Human Services, but not
17licensed or certified by any other State agency.
18    (b) Definitions. The following definitions apply to this
19Section:
20    "Adult student with a disability" means an adult student,
21age 18 through 21, inclusive, with an Individual Education
22Program, other than a resident of a facility licensed by the
23Department of Children and Family Services in accordance with
24the Child Care Act of 1969. For purposes of this definition,
25"through age 21, inclusive", means through the day before the

 

 

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1student's 22nd birthday.
2    "Agency" or "community agency" means (i) a community agency
3licensed, funded, or certified by the Department, but not
4licensed or certified by any other human services agency of the
5State, to provide mental health service or developmental
6disabilities service, or (ii) a program licensed, funded, or
7certified by the Department, but not licensed or certified by
8any other human services agency of the State, to provide mental
9health service or developmental disabilities service.
10    "Aggravating circumstance" means a factor that is
11attendant to a finding and that tends to compound or increase
12the culpability of the accused.
13    "Allegation" means an assertion, complaint, suspicion, or
14incident involving any of the following conduct by an employee,
15facility, or agency against an individual or individuals:
16mental abuse, physical abuse, sexual abuse, neglect, or
17financial exploitation.
18    "Day" means working day, unless otherwise specified.
19    "Deflection" means a situation in which an individual is
20presented for admission to a facility or agency, and the
21facility staff or agency staff do not admit the individual.
22"Deflection" includes triage, redirection, and denial of
23admission.
24    "Department" means the Department of Human Services.
25    "Developmental disability" means "developmental
26disability" as defined in the Mental Health and Developmental

 

 

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1Disabilities Code.
2    "Egregious neglect" means a finding of neglect as
3determined by the Inspector General that (i) represents a gross
4failure to adequately provide for, or a callused indifference
5to, the health, safety, or medical needs of an individual and
6(ii) results in an individual's death or other serious
7deterioration of an individual's physical condition or mental
8condition.
9    "Employee" means any person who provides services at the
10facility or agency on-site or off-site. The service
11relationship can be with the individual or with the facility or
12agency. Also, "employee" includes any employee or contractual
13agent of the Department of Human Services or the community
14agency involved in providing or monitoring or administering
15mental health or developmental disability services. This
16includes but is not limited to: owners, operators, payroll
17personnel, contractors, subcontractors, and volunteers.
18    "Facility" or "State-operated facility" means a mental
19health facility or developmental disabilities facility
20operated by the Department.
21    "Financial exploitation" means taking unjust advantage of
22an individual's assets, property, or financial resources
23through deception, intimidation, or conversion for the
24employee's, facility's, or agency's own advantage or benefit.
25    "Finding" means the Office of Inspector General's
26determination regarding whether an allegation is

 

 

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1substantiated, unsubstantiated, or unfounded.
2    "Health Care Worker Registry" or "Registry" means the
3Health Care Worker Registry under the Health Care Worker
4Background Check Act.
5    "Individual" means any person receiving mental health
6service, developmental disabilities service, or both from a
7facility or agency, while either on-site or off-site.
8    "Mental abuse" means the use of demeaning, intimidating, or
9threatening words, signs, gestures, or other actions by an
10employee about an individual and in the presence of an
11individual or individuals that results in emotional distress or
12maladaptive behavior, or could have resulted in emotional
13distress or maladaptive behavior, for any individual present.
14    "Mental illness" means "mental illness" as defined in the
15Mental Health and Developmental Disabilities Code.
16    "Mentally ill" means having a mental illness.
17    "Mitigating circumstance" means a condition that (i) is
18attendant to a finding, (ii) does not excuse or justify the
19conduct in question, but (iii) may be considered in evaluating
20the severity of the conduct, the culpability of the accused, or
21both the severity of the conduct and the culpability of the
22accused.
23    "Neglect" means an employee's, agency's, or facility's
24failure to provide adequate medical care, personal care, or
25maintenance and that, as a consequence, (i) causes an
26individual pain, injury, or emotional distress, (ii) results in

 

 

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1either an individual's maladaptive behavior or the
2deterioration of an individual's physical condition or mental
3condition, or (iii) places the individual's health or safety at
4substantial risk.
5    "Person with a developmental disability" means a person
6having a developmental disability.
7    "Physical abuse" means an employee's non-accidental and
8inappropriate contact with an individual that causes bodily
9harm. "Physical abuse" includes actions that cause bodily harm
10as a result of an employee directing an individual or person to
11physically abuse another individual.
12    "Recommendation" means an admonition, separate from a
13finding, that requires action by the facility, agency, or
14Department to correct a systemic issue, problem, or deficiency
15identified during an investigation.
16    "Required reporter" means any employee who suspects,
17witnesses, or is informed of an allegation of any one or more
18of the following: mental abuse, physical abuse, sexual abuse,
19neglect, or financial exploitation.
20    "Secretary" means the Chief Administrative Officer of the
21Department.
22    "Sexual abuse" means any sexual contact or intimate
23physical contact between an employee and an individual,
24including an employee's coercion or encouragement of an
25individual to engage in sexual behavior that results in sexual
26contact, intimate physical contact, sexual behavior, or

 

 

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1intimate physical behavior. Sexual abuse also includes (i) an
2employee's actions that result in the sending or showing of
3sexually explicit images to an individual via computer,
4cellular phone, electronic mail, portable electronic device,
5or other media with or without contact with the individual or
6(ii) an employee's posting of sexually explicit images of an
7individual online or elsewhere whether or not there is contact
8with the individual.
9    "Sexually explicit images" includes, but is not limited to,
10any material which depicts nudity, sexual conduct, or
11sado-masochistic abuse, or which contains explicit and
12detailed verbal descriptions or narrative accounts of sexual
13excitement, sexual conduct, or sado-masochistic abuse.
14    "Substantiated" means there is a preponderance of the
15evidence to support the allegation.
16    "Unfounded" means there is no credible evidence to support
17the allegation.
18    "Unsubstantiated" means there is credible evidence, but
19less than a preponderance of evidence to support the
20allegation.
21    (c) Appointment. The Governor shall appoint, and the Senate
22shall confirm, an Inspector General. The Inspector General
23shall be appointed for a term of 4 years and shall function
24within the Department of Human Services and report to the
25Secretary and the Governor.
26    (d) Operation and appropriation. The Inspector General

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1investigative report substantiating an allegation, finding an
2allegation is unsubstantiated, or if a recommendation is made,
3the Inspector General shall provide the investigative report on
4the case to the Secretary and to the director of the facility
5or agency where any one or more of the following occurred:
6mental abuse, physical abuse, sexual abuse, neglect, egregious
7neglect, or financial exploitation. The director of the
8facility or agency shall be responsible for maintaining the
9confidentiality of the investigative report consistent with
10State and federal law. In a substantiated case, the
11investigative report shall include any mitigating or
12aggravating circumstances that were identified during the
13investigation. If the case involves substantiated neglect, the
14investigative report shall also state whether egregious
15neglect was found. An investigative report may also set forth
16recommendations. All investigative reports prepared by the
17Office of the Inspector General shall be considered
18confidential and shall not be released except as provided by
19the law of this State or as required under applicable federal
20law. Unsubstantiated and unfounded reports shall not be
21disclosed except as allowed under Section 6 of the Abused and
22Neglected Long Term Care Facility Residents Reporting Act. Raw
23data used to compile the investigative report shall not be
24subject to release unless required by law or a court order.
25"Raw data used to compile the investigative report" includes,
26but is not limited to, any one or more of the following: the

 

 

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1initial complaint, witness statements, photographs,
2investigator's notes, police reports, or incident reports. If
3the allegations are substantiated, the accused shall be
4provided with a redacted copy of the investigative report.
5Death reports where there was no allegation of abuse or neglect
6shall only be released pursuant to applicable State or federal
7law or a valid court order.
8    (n) Written responses and reconsideration requests.
9        (1) Written responses. Within 30 calendar days from
10    receipt of a substantiated investigative report or an
11    investigative report which contains recommendations,
12    absent a reconsideration request, the facility or agency
13    shall file a written response that addresses, in a concise
14    and reasoned manner, the actions taken to: (i) protect the
15    individual; (ii) prevent recurrences; and (iii) eliminate
16    the problems identified. The response shall include the
17    implementation and completion dates of such actions. If the
18    written response is not filed within the allotted 30
19    calendar day period, the Secretary shall determine the
20    appropriate corrective action to be taken.
21        (2) Reconsideration requests. The facility, agency,
22    victim or guardian, or the subject employee may request
23    that the Office of Inspector General reconsider or clarify
24    its finding based upon additional information.
25    (o) Disclosure of the finding by the Inspector General. The
26Inspector General shall disclose the finding of an

 

 

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1investigation to the following persons: (i) the Governor, (ii)
2the Secretary, (iii) the director of the facility or agency,
3(iv) the alleged victims and their guardians, (v) the
4complainant, and (vi) the accused. This information shall
5include whether the allegations were deemed substantiated,
6unsubstantiated, or unfounded.
7    (p) Secretary review. Upon review of the Inspector
8General's investigative report and any agency's or facility's
9written response, the Secretary shall accept or reject the
10written response and notify the Inspector General of that
11determination. The Secretary may further direct that other
12administrative action be taken, including, but not limited to,
13any one or more of the following: (i) additional site visits,
14(ii) training, (iii) provision of technical assistance
15relative to administrative needs, licensure or certification,
16or (iv) the imposition of appropriate sanctions.
17    (q) Action by facility or agency. Within 30 days of the
18date the Secretary approves the written response or directs
19that further administrative action be taken, the facility or
20agency shall provide an implementation report to the Inspector
21General that provides the status of the action taken. The
22facility or agency shall be allowed an additional 30 days to
23send notice of completion of the action or to send an updated
24implementation report. If the action has not been completed
25within the additional 30-day 30 day period, the facility or
26agency shall send updated implementation reports every 60 days

 

 

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1until completion. The Inspector General shall conduct a review
2of any implementation plan that takes more than 120 days after
3approval to complete, and shall monitor compliance through a
4random review of approved written responses, which may include,
5but are not limited to: (i) site visits, (ii) telephone
6contact, and (iii) requests for additional documentation
7evidencing compliance.
8    (r) Sanctions. Sanctions, if imposed by the Secretary under
9Subdivision (p)(iv) of this Section, shall be designed to
10prevent further acts of mental abuse, physical abuse, sexual
11abuse, neglect, egregious neglect, or financial exploitation
12or some combination of one or more of those acts at a facility
13or agency, and may include any one or more of the following:
14        (1) Appointment of on-site monitors.
15        (2) Transfer or relocation of an individual or
16    individuals.
17        (3) Closure of units.
18        (4) Termination of any one or more of the following:
19    (i) Department licensing, (ii) funding, or (iii)
20    certification.
21    The Inspector General may seek the assistance of the
22Illinois Attorney General or the office of any State's Attorney
23in implementing sanctions.
24    (s) Health Care Worker Registry.
25        (1) Reporting to the Registry. The Inspector General
26    shall report to the Department of Public Health's Health

 

 

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1    Care Worker Registry, a public registry, the identity and
2    finding of each employee of a facility or agency against
3    whom there is a final investigative report containing a
4    substantiated allegation of physical or sexual abuse,
5    financial exploitation, or egregious neglect of an
6    individual.
7        (2) Notice to employee. Prior to reporting the name of
8    an employee, the employee shall be notified of the
9    Department's obligation to report and shall be granted an
10    opportunity to request an administrative hearing, the sole
11    purpose of which is to determine if the substantiated
12    finding warrants reporting to the Registry. Notice to the
13    employee shall contain a clear and concise statement of the
14    grounds on which the report to the Registry is based, offer
15    the employee an opportunity for a hearing, and identify the
16    process for requesting such a hearing. Notice is sufficient
17    if provided by certified mail to the employee's last known
18    address. If the employee fails to request a hearing within
19    30 days from the date of the notice, the Inspector General
20    shall report the name of the employee to the Registry.
21    Nothing in this subdivision (s)(2) shall diminish or impair
22    the rights of a person who is a member of a collective
23    bargaining unit under the Illinois Public Labor Relations
24    Act or under any other federal labor statute.
25        (3) Registry hearings. If the employee requests an
26    administrative hearing, the employee shall be granted an

 

 

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1    opportunity to appear before an administrative law judge to
2    present reasons why the employee's name should not be
3    reported to the Registry. The Department shall bear the
4    burden of presenting evidence that establishes, by a
5    preponderance of the evidence, that the substantiated
6    finding warrants reporting to the Registry. After
7    considering all the evidence presented, the administrative
8    law judge shall make a recommendation to the Secretary as
9    to whether the substantiated finding warrants reporting
10    the name of the employee to the Registry. The Secretary
11    shall render the final decision. The Department and the
12    employee shall have the right to request that the
13    administrative law judge consider a stipulated disposition
14    of these proceedings.
15        (4) Testimony at Registry hearings. A person who makes
16    a report or who investigates a report under this Act shall
17    testify fully in any judicial proceeding resulting from
18    such a report, as to any evidence of abuse or neglect, or
19    the cause thereof. No evidence shall be excluded by reason
20    of any common law or statutory privilege relating to
21    communications between the alleged perpetrator of abuse or
22    neglect, or the individual alleged as the victim in the
23    report, and the person making or investigating the report.
24    Testimony at hearings is exempt from the confidentiality
25    requirements of subsection (f) of Section 10 of the Mental
26    Health and Developmental Disabilities Confidentiality Act.

 

 

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1        (5) Employee's rights to collateral action. No
2    reporting to the Registry shall occur and no hearing shall
3    be set or proceed if an employee notifies the Inspector
4    General in writing, including any supporting
5    documentation, that he or she is formally contesting an
6    adverse employment action resulting from a substantiated
7    finding by complaint filed with the Illinois Civil Service
8    Commission, or which otherwise seeks to enforce the
9    employee's rights pursuant to any applicable collective
10    bargaining agreement. If an action taken by an employer
11    against an employee as a result of a finding of physical
12    abuse, sexual abuse, or egregious neglect is overturned
13    through an action filed with the Illinois Civil Service
14    Commission or under any applicable collective bargaining
15    agreement and if that employee's name has already been sent
16    to the Registry, the employee's name shall be removed from
17    the Registry.
18        (6) Removal from Registry. At any time after the report
19    to the Registry, but no more than once in any 12-month
20    period, an employee may petition the Department in writing
21    to remove his or her name from the Registry. Upon receiving
22    notice of such request, the Inspector General shall conduct
23    an investigation into the petition. Upon receipt of such
24    request, an administrative hearing will be set by the
25    Department. At the hearing, the employee shall bear the
26    burden of presenting evidence that establishes, by a

 

 

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1    preponderance of the evidence, that removal of the name
2    from the Registry is in the public interest. The parties
3    may jointly request that the administrative law judge
4    consider a stipulated disposition of these proceedings.
5    (t) Review of Administrative Decisions. The Department
6shall preserve a record of all proceedings at any formal
7hearing conducted by the Department involving Health Care
8Worker Registry hearings. Final administrative decisions of
9the Department are subject to judicial review pursuant to
10provisions of the Administrative Review Law.
11    (u) Quality Care Board. There is created, within the Office
12of the Inspector General, a Quality Care Board to be composed
13of 7 members appointed by the Governor with the advice and
14consent of the Senate. One of the members shall be designated
15as chairman by the Governor. Of the initial appointments made
16by the Governor, 4 Board members shall each be appointed for a
17term of 4 years and 3 members shall each be appointed for a
18term of 2 years. Upon the expiration of each member's term, a
19successor shall be appointed for a term of 4 years. In the case
20of a vacancy in the office of any member, the Governor shall
21appoint a successor for the remainder of the unexpired term.
22    Members appointed by the Governor shall be qualified by
23professional knowledge or experience in the area of law,
24investigatory techniques, or in the area of care of the
25mentally ill or care of persons with developmental
26disabilities. Two members appointed by the Governor shall be

 

 

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1persons with a disability or a parent of a person with a
2disability. Members shall serve without compensation, but
3shall be reimbursed for expenses incurred in connection with
4the performance of their duties as members.
5    The Board shall meet quarterly, and may hold other meetings
6on the call of the chairman. Four members shall constitute a
7quorum allowing the Board to conduct its business. The Board
8may adopt rules and regulations it deems necessary to govern
9its own procedures.
10    The Board shall monitor and oversee the operations,
11policies, and procedures of the Inspector General to ensure the
12prompt and thorough investigation of allegations of neglect and
13abuse. In fulfilling these responsibilities, the Board may do
14the following:
15        (1) Provide independent, expert consultation to the
16    Inspector General on policies and protocols for
17    investigations of alleged abuse, neglect, or both abuse and
18    neglect.
19        (2) Review existing regulations relating to the
20    operation of facilities.
21        (3) Advise the Inspector General as to the content of
22    training activities authorized under this Section.
23        (4) Recommend policies concerning methods for
24    improving the intergovernmental relationships between the
25    Office of the Inspector General and other State or federal
26    offices.

 

 

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1    (v) Annual report. The Inspector General shall provide to
2the General Assembly and the Governor, no later than January 1
3of each year, a summary of reports and investigations made
4under this Act for the prior fiscal year with respect to
5individuals receiving mental health or developmental
6disabilities services. The report shall detail the imposition
7of sanctions, if any, and the final disposition of any
8corrective or administrative action directed by the Secretary.
9The summaries shall not contain any confidential or identifying
10information of any individual, but shall include objective data
11identifying any trends in the number of reported allegations,
12the timeliness of the Office of the Inspector General's
13investigations, and their disposition, for each facility and
14Department-wide, for the most recent 3-year time period. The
15report shall also identify, by facility, the staff-to-patient
16ratios taking account of direct care staff only. The report
17shall also include detailed recommended administrative actions
18and matters for consideration by the General Assembly.
19    (w) Program audit. The Auditor General shall conduct a
20program audit of the Office of the Inspector General on an
21as-needed basis, as determined by the Auditor General. The
22audit shall specifically include the Inspector General's
23compliance with the Act and effectiveness in investigating
24reports of allegations occurring in any facility or agency. The
25Auditor General shall conduct the program audit according to
26the provisions of the Illinois State Auditing Act and shall

 

 

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1report its findings to the General Assembly no later than
2January 1 following the audit period.
3    (x) Nothing in this Section shall be construed to mean that
4an individual is a victim of abuse or neglect because of health
5care services appropriately provided or not provided by health
6care professionals.
7    (y) Nothing in this Section shall require a facility,
8including its employees, agents, medical staff members, and
9health care professionals, to provide a service to an
10individual in contravention of that individual's stated or
11implied objection to the provision of that service on the
12ground that that service conflicts with the individual's
13religious beliefs or practices, nor shall the failure to
14provide a service to an individual be considered abuse under
15this Section if the individual has objected to the provision of
16that service based on his or her religious beliefs or
17practices.
18(Source: P.A. 99-143, eff. 7-27-15; 99-323, eff. 8-7-15;
1999-642, eff. 7-28-16; 100-313, eff. 8-24-17; 100-432, eff.
208-25-17; revised 9-27-17.)
 
21    (20 ILCS 1305/1-65)
22    (Section scheduled to be repealed on July 1, 2019)
23    Sec. 1-65. Intellectual and Developmental Disability Home
24and Community-Based Services Task Force.
25    (a) The Secretary of Human Services shall appoint a task

 

 

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1force to review current and potential federal funds for home
2and community-based service options for individuals with
3intellectual or developmental disabilities. The task force
4shall consist of all of the following persons:
5        (1) The Secretary of Human Services, or his or her
6    designee, who shall serve as chairperson of the task force.
7        (2) One representative of the Department of Healthcare
8    and Family Services.
9        (3) Six persons selected from recommendations of
10    organizations whose membership consists of providers
11    within the intellectual and developmental disabilities
12    service delivery system.
13        (4) Two persons who are guardians or family members of
14    individuals with intellectual or developmental
15    disabilities and who do not have responsibility for
16    management or formation of policy regarding the programs
17    subject to review.
18        (5) Two persons selected from the recommendations of
19    consumer organizations that engage in advocacy or legal
20    representation on behalf of individuals with intellectual
21    or developmental disabilities.
22        (6) Three persons who self-identify as individuals
23    with intellectual or developmental disabilities and who
24    are engaged in advocacy for the rights of individuals with
25    disabilities. If these persons require supports in the form
26    of reasonable accommodations in order to participate, such

 

 

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1    supports shall be provided.
2    The task force shall also consist of the following members
3appointed as follows:
4        (A) One member of the Senate appointed by the President
5    of the Senate.
6        (B) One member of the Senate appointed by the Minority
7    Leader of the Senate.
8        (C) One member of the House of Representatives
9    appointed by the Speaker of the House of Representatives.
10        (D) One member of the House of Representatives
11    appointed by the Minority Leader of the House of
12    Representatives.
13    (b) The task force shall review: the current federal
14Medicaid matching funds for services provided in the State;
15ways to maximize federal supports for the current services
16provided, including attendant services, housing, and other
17services to promote independent living; options that require
18federal approval and federal funding; ways to minimize the
19impact of constituents awaiting services; and all avenues to
20utilize federal funding involving home and community-based
21services identified by the task force. The Department shall
22provide administrative support to the task force.
23    (c) The appointments to the task force must be made by July
241, 2017. Task force members shall receive no compensation. The
25task force must hold at least 4 hearings. The task force shall
26report its findings to the Governor and General Assembly no

 

 

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1later than July 1, 2018, and, upon filing its report, the task
2force is dissolved.
3    (d) This Section is repealed on July 1, 2019.
4(Source: P.A. 100-79, eff. 8-11-17.)
 
5    (20 ILCS 1305/1-70)
6    Sec. 1-70 1-65. Uniform demographic data collection.
7    (a) The Department shall collect and publicly report
8statistical data on the racial and ethnic demographics of
9program participants for each program administered by the
10Department. Except as provided in subsection (b), when
11collecting the data required under this Section, the Department
12shall use the same racial and ethnic classifications for each
13program, which shall include, but not be limited to, the
14following:
15        (1) American Indian and Alaska Native alone.
16        (2) Asian alone.
17        (3) Black or African American alone.
18        (4) Hispanic or Latino of any race.
19        (5) Native Hawaiian and Other Pacific Islander alone.
20        (6) White alone.
21        (7) Some other race alone.
22        (8) Two or more races.
23    The Department may further define, by rule, the racial and
24ethnic classifications provided in this Section.
25    (b) If a program administered by the Department is subject

 

 

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1to federal reporting requirements that include the collection
2and public reporting of statistical data on the racial and
3ethnic demographics of program participants, the Department
4may maintain the same racial and ethnic classifications used
5under the federal requirements if such classifications differ
6from the classifications listed in subsection (a).
7    (c) The Department shall make all demographic information
8collected under this Section available to the public which at a
9minimum shall include posting the information for each program
10in a timely manner on the Department's official website. If the
11Department already has a mechanism or process in place to
12report information about program participation for any program
13administered by the Department, then the Department shall use
14that mechanism or process to include the demographic
15information collected under this Section. If the Department
16does not have a mechanism or process in place to report
17information about program participation for any program
18administered by the Department, then the Department shall
19create a mechanism or process to disseminate the demographic
20information collected under this Section.
21(Source: P.A. 100-275, eff. 1-1-18; revised 10-3-17.)
 
22    Section 70. The Mental Health and Developmental
23Disabilities Administrative Act is amended by changing Section
2415.4 as follows:
 

 

 

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1    (20 ILCS 1705/15.4)
2    Sec. 15.4. Authorization for nursing delegation to permit
3direct care staff to administer medications.
4    (a) This Section applies to (i) all residential programs
5for persons with a developmental disability in settings of 16
6persons or fewer that are funded or licensed by the Department
7of Human Services and that distribute or administer
8medications, (ii) all intermediate care facilities for persons
9with developmental disabilities with 16 beds or fewer that are
10licensed by the Department of Public Health, and (iii) all day
11programs certified to serve persons with developmental
12disabilities by the Department of Human Services. The
13Department of Human Services shall develop a training program
14for authorized direct care staff to administer medications
15under the supervision and monitoring of a registered
16professional nurse. The training program for authorized direct
17care staff shall include educational and oversight components
18for staff who work in day programs that are similar to those
19for staff who work in residential programs. This training
20program shall be developed in consultation with professional
21associations representing (i) physicians licensed to practice
22medicine in all its branches, (ii) registered professional
23nurses, and (iii) pharmacists.
24    (b) For the purposes of this Section:
25    "Authorized direct care staff" means non-licensed persons
26who have successfully completed a medication administration

 

 

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1training program approved by the Department of Human Services
2and conducted by a nurse-trainer. This authorization is
3specific to an individual receiving service in a specific
4agency and does not transfer to another agency.
5    "Medications" means oral and topical medications, insulin
6in an injectable form, oxygen, epinephrine auto-injectors, and
7vaginal and rectal creams and suppositories. "Oral" includes
8inhalants and medications administered through enteral tubes,
9utilizing aseptic technique. "Topical" includes eye, ear, and
10nasal medications. Any controlled substances must be packaged
11specifically for an identified individual.
12    "Insulin in an injectable form" means a subcutaneous
13injection via an insulin pen pre-filled by the manufacturer.
14Authorized direct care staff may administer insulin, as ordered
15by a physician, advanced practice registered nurse, or
16physician assistant, if: (i) the staff has successfully
17completed a Department-approved advanced training program
18specific to insulin administration developed in consultation
19with professional associations listed in subsection (a) of this
20Section, and (ii) the staff consults with the registered nurse,
21prior to administration, of any insulin dose that is determined
22based on a blood glucose test result. The authorized direct
23care staff shall not: (i) calculate the insulin dosage needed
24when the dose is dependent upon a blood glucose test result, or
25(ii) administer insulin to individuals who require blood
26glucose monitoring greater than 3 times daily, unless directed

 

 

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1to do so by the registered nurse.
2    "Nurse-trainer training program" means a standardized,
3competency-based medication administration train-the-trainer
4program provided by the Department of Human Services and
5conducted by a Department of Human Services master
6nurse-trainer for the purpose of training nurse-trainers to
7train persons employed or under contract to provide direct care
8or treatment to individuals receiving services to administer
9medications and provide self-administration of medication
10training to individuals under the supervision and monitoring of
11the nurse-trainer. The program incorporates adult learning
12styles, teaching strategies, classroom management, and a
13curriculum overview, including the ethical and legal aspects of
14supervising those administering medications.
15    "Self-administration of medications" means an individual
16administers his or her own medications. To be considered
17capable to self-administer their own medication, individuals
18must, at a minimum, be able to identify their medication by
19size, shape, or color, know when they should take the
20medication, and know the amount of medication to be taken each
21time.
22    "Training program" means a standardized medication
23administration training program approved by the Department of
24Human Services and conducted by a registered professional nurse
25for the purpose of training persons employed or under contract
26to provide direct care or treatment to individuals receiving

 

 

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1services to administer medications and provide
2self-administration of medication training to individuals
3under the delegation and supervision of a nurse-trainer. The
4program incorporates adult learning styles, teaching
5strategies, classroom management, curriculum overview,
6including ethical-legal aspects, and standardized
7competency-based evaluations on administration of medications
8and self-administration of medication training programs.
9    (c) Training and authorization of non-licensed direct care
10staff by nurse-trainers must meet the requirements of this
11subsection.
12        (1) Prior to training non-licensed direct care staff to
13    administer medication, the nurse-trainer shall perform the
14    following for each individual to whom medication will be
15    administered by non-licensed direct care staff:
16            (A) An assessment of the individual's health
17        history and physical and mental status.
18            (B) An evaluation of the medications prescribed.
19        (2) Non-licensed authorized direct care staff shall
20    meet the following criteria:
21            (A) Be 18 years of age or older.
22            (B) Have completed high school or have a high
23        school equivalency certificate.
24            (C) Have demonstrated functional literacy.
25            (D) Have satisfactorily completed the Health and
26        Safety component of a Department of Human Services

 

 

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1        authorized direct care staff training program.
2            (E) Have successfully completed the training
3        program, pass the written portion of the comprehensive
4        exam, and score 100% on the competency-based
5        assessment specific to the individual and his or her
6        medications.
7            (F) Have received additional competency-based
8        assessment by the nurse-trainer as deemed necessary by
9        the nurse-trainer whenever a change of medication
10        occurs or a new individual that requires medication
11        administration enters the program.
12        (3) Authorized direct care staff shall be re-evaluated
13    by a nurse-trainer at least annually or more frequently at
14    the discretion of the registered professional nurse. Any
15    necessary retraining shall be to the extent that is
16    necessary to ensure competency of the authorized direct
17    care staff to administer medication.
18        (4) Authorization of direct care staff to administer
19    medication shall be revoked if, in the opinion of the
20    registered professional nurse, the authorized direct care
21    staff is no longer competent to administer medication.
22        (5) The registered professional nurse shall assess an
23    individual's health status at least annually or more
24    frequently at the discretion of the registered
25    professional nurse.
26    (d) Medication self-administration shall meet the

 

 

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1following requirements:
2        (1) As part of the normalization process, in order for
3    each individual to attain the highest possible level of
4    independent functioning, all individuals shall be
5    permitted to participate in their total health care
6    program. This program shall include, but not be limited to,
7    individual training in preventive health and
8    self-medication procedures.
9            (A) Every program shall adopt written policies and
10        procedures for assisting individuals in obtaining
11        preventative health and self-medication skills in
12        consultation with a registered professional nurse,
13        advanced practice registered nurse, physician
14        assistant, or physician licensed to practice medicine
15        in all its branches.
16            (B) Individuals shall be evaluated to determine
17        their ability to self-medicate by the nurse-trainer
18        through the use of the Department's required,
19        standardized screening and assessment instruments.
20            (C) When the results of the screening and
21        assessment indicate an individual not to be capable to
22        self-administer his or her own medications, programs
23        shall be developed in consultation with the Community
24        Support Team or Interdisciplinary Team to provide
25        individuals with self-medication administration.
26        (2) Each individual shall be presumed to be competent

 

 

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

 

 

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1        are completed appropriately for:
2                (i) medication administered as prescribed;
3                (ii) refusal by the individual; and
4                (iii) full signatures provided for all
5            initials used.
6        (2) Reviews shall occur at least quarterly, but may be
7    done more frequently at the discretion of the registered
8    professional nurse or advanced practice registered nurse.
9        (3) A quality assurance review of medication errors and
10    data collection for the purpose of monitoring and
11    recommending corrective action shall be conducted within 7
12    days and included in the required annual review.
13    (f) Programs using authorized direct care staff to
14administer medications are responsible for documenting and
15maintaining records on the training that is completed.
16    (g) The absence of this training program constitutes a
17threat to the public interest, safety, and welfare and
18necessitates emergency rulemaking by the Departments of Human
19Services and Public Health under Section 5-45 of the Illinois
20Administrative Procedure Act.
21    (h) Direct care staff who fail to qualify for delegated
22authority to administer medications pursuant to the provisions
23of this Section shall be given additional education and testing
24to meet criteria for delegation authority to administer
25medications. Any direct care staff person who fails to qualify
26as an authorized direct care staff after initial training and

 

 

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

 

 

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1differential. The Department shall determine and provide the
2necessary funding for the differential in the base. This
3subsection (l) is inoperative on and after June 30, 2000.
4(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15;
599-581, eff. 1-1-17; 100-50, eff. 1-1-18; 100-513, eff. 1-1-18;
6revised 9-22-17.)
 
7    Section 75. The Department of Professional Regulation Law
8of the Civil Administrative Code of Illinois is amended by
9changing Sections 2105-15 and 2105-207 as follows:
 
10    (20 ILCS 2105/2105-15)
11    Sec. 2105-15. General powers and duties.
12    (a) The Department has, subject to the provisions of the
13Civil Administrative Code of Illinois, the following powers and
14duties:
15        (1) To authorize examinations in English to ascertain
16    the qualifications and fitness of applicants to exercise
17    the profession, trade, or occupation for which the
18    examination is held.
19        (2) To prescribe rules and regulations for a fair and
20    wholly impartial method of examination of candidates to
21    exercise the respective professions, trades, or
22    occupations.
23        (3) To pass upon the qualifications of applicants for
24    licenses, certificates, and authorities, whether by

 

 

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1    examination, by reciprocity, or by endorsement.
2        (4) To prescribe rules and regulations defining, for
3    the respective professions, trades, and occupations, what
4    shall constitute a school, college, or university, or
5    department of a university, or other institution,
6    reputable and in good standing, and to determine the
7    reputability and good standing of a school, college, or
8    university, or department of a university, or other
9    institution, reputable and in good standing, by reference
10    to a compliance with those rules and regulations; provided,
11    that no school, college, or university, or department of a
12    university, or other institution that refuses admittance
13    to applicants solely on account of race, color, creed, sex,
14    sexual orientation, or national origin shall be considered
15    reputable and in good standing.
16        (5) To conduct hearings on proceedings to revoke,
17    suspend, refuse to renew, place on probationary status, or
18    take other disciplinary action as authorized in any
19    licensing Act administered by the Department with regard to
20    licenses, certificates, or authorities of persons
21    exercising the respective professions, trades, or
22    occupations and to revoke, suspend, refuse to renew, place
23    on probationary status, or take other disciplinary action
24    as authorized in any licensing Act administered by the
25    Department with regard to those licenses, certificates, or
26    authorities.

 

 

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1        The Department shall issue a monthly disciplinary
2    report.
3        The Department shall deny any license or renewal
4    authorized by the Civil Administrative Code of Illinois to
5    any person who has defaulted on an educational loan or
6    scholarship provided by or guaranteed by the Illinois
7    Student Assistance Commission or any governmental agency
8    of this State; however, the Department may issue a license
9    or renewal if the aforementioned persons have established a
10    satisfactory repayment record as determined by the
11    Illinois Student Assistance Commission or other
12    appropriate governmental agency of this State.
13    Additionally, beginning June 1, 1996, any license issued by
14    the Department may be suspended or revoked if the
15    Department, after the opportunity for a hearing under the
16    appropriate licensing Act, finds that the licensee has
17    failed to make satisfactory repayment to the Illinois
18    Student Assistance Commission for a delinquent or
19    defaulted loan. For the purposes of this Section,
20    "satisfactory repayment record" shall be defined by rule.
21        The Department shall refuse to issue or renew a license
22    to, or shall suspend or revoke a license of, any person
23    who, after receiving notice, fails to comply with a
24    subpoena or warrant relating to a paternity or child
25    support proceeding. However, the Department may issue a
26    license or renewal upon compliance with the subpoena or

 

 

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1    warrant.
2        The Department, without further process or hearings,
3    shall revoke, suspend, or deny any license or renewal
4    authorized by the Civil Administrative Code of Illinois to
5    a person who is certified by the Department of Healthcare
6    and Family Services (formerly Illinois Department of
7    Public Aid) as being more than 30 days delinquent in
8    complying with a child support order or who is certified by
9    a court as being in violation of the Non-Support Punishment
10    Act for more than 60 days. The Department may, however,
11    issue a license or renewal if the person has established a
12    satisfactory repayment record as determined by the
13    Department of Healthcare and Family Services (formerly
14    Illinois Department of Public Aid) or if the person is
15    determined by the court to be in compliance with the
16    Non-Support Punishment Act. The Department may implement
17    this paragraph as added by Public Act 89-6 through the use
18    of emergency rules in accordance with Section 5-45 of the
19    Illinois Administrative Procedure Act. For purposes of the
20    Illinois Administrative Procedure Act, the adoption of
21    rules to implement this paragraph shall be considered an
22    emergency and necessary for the public interest, safety,
23    and welfare.
24        (6) To transfer jurisdiction of any realty under the
25    control of the Department to any other department of the
26    State Government or to acquire or accept federal lands when

 

 

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1    the transfer, acquisition, or acceptance is advantageous
2    to the State and is approved in writing by the Governor.
3        (7) To formulate rules and regulations necessary for
4    the enforcement of any Act administered by the Department.
5        (8) To exchange with the Department of Healthcare and
6    Family Services information that may be necessary for the
7    enforcement of child support orders entered pursuant to the
8    Illinois Public Aid Code, the Illinois Marriage and
9    Dissolution of Marriage Act, the Non-Support of Spouse and
10    Children Act, the Non-Support Punishment Act, the Revised
11    Uniform Reciprocal Enforcement of Support Act, the Uniform
12    Interstate Family Support Act, the Illinois Parentage Act
13    of 1984, or the Illinois Parentage Act of 2015.
14    Notwithstanding any provisions in this Code to the
15    contrary, the Department of Professional Regulation shall
16    not be liable under any federal or State law to any person
17    for any disclosure of information to the Department of
18    Healthcare and Family Services (formerly Illinois
19    Department of Public Aid) under this paragraph (8) or for
20    any other action taken in good faith to comply with the
21    requirements of this paragraph (8).
22        (8.5) To accept continuing education credit for
23    mandated reporter training on how to recognize and report
24    child abuse offered by the Department of Children and
25    Family Services and completed by any person who holds a
26    professional license issued by the Department and who is a

 

 

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1    mandated reporter under the Abused and Neglected Child
2    Reporting Act. The Department shall adopt any rules
3    necessary to implement this paragraph.
4        (9) To perform other duties prescribed by law.
5    (a-5) Except in cases involving default on an educational
6loan or scholarship provided by or guaranteed by the Illinois
7Student Assistance Commission or any governmental agency of
8this State or in cases involving delinquency in complying with
9a child support order or violation of the Non-Support
10Punishment Act and notwithstanding anything that may appear in
11any individual licensing Act or administrative rule, no person
12or entity whose license, certificate, or authority has been
13revoked as authorized in any licensing Act administered by the
14Department may apply for restoration of that license,
15certification, or authority until 3 years after the effective
16date of the revocation.
17    (b) (Blank).
18    (c) For the purpose of securing and preparing evidence, and
19for the purchase of controlled substances, professional
20services, and equipment necessary for enforcement activities,
21recoupment of investigative costs, and other activities
22directed at suppressing the misuse and abuse of controlled
23substances, including those activities set forth in Sections
24504 and 508 of the Illinois Controlled Substances Act, the
25Director and agents appointed and authorized by the Director
26may expend sums from the Professional Regulation Evidence Fund

 

 

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1that the Director deems necessary from the amounts appropriated
2for that purpose. Those sums may be advanced to the agent when
3the Director deems that procedure to be in the public interest.
4Sums for the purchase of controlled substances, professional
5services, and equipment necessary for enforcement activities
6and other activities as set forth in this Section shall be
7advanced to the agent who is to make the purchase from the
8Professional Regulation Evidence Fund on vouchers signed by the
9Director. The Director and those agents are authorized to
10maintain one or more commercial checking accounts with any
11State banking corporation or corporations organized under or
12subject to the Illinois Banking Act for the deposit and
13withdrawal of moneys to be used for the purposes set forth in
14this Section; provided, that no check may be written nor any
15withdrawal made from any such account except upon the written
16signatures of 2 persons designated by the Director to write
17those checks and make those withdrawals. Vouchers for those
18expenditures must be signed by the Director. All such
19expenditures shall be audited by the Director, and the audit
20shall be submitted to the Department of Central Management
21Services for approval.
22    (d) Whenever the Department is authorized or required by
23law to consider some aspect of criminal history record
24information for the purpose of carrying out its statutory
25powers and responsibilities, then, upon request and payment of
26fees in conformance with the requirements of Section 2605-400

 

 

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1of the Department of State Police Law (20 ILCS 2605/2605-400),
2the Department of State Police is authorized to furnish,
3pursuant to positive identification, the information contained
4in State files that is necessary to fulfill the request.
5    (e) The provisions of this Section do not apply to private
6business and vocational schools as defined by Section 15 of the
7Private Business and Vocational Schools Act of 2012.
8    (f) (Blank).
9    (g) Notwithstanding anything that may appear in any
10individual licensing statute or administrative rule, the
11Department shall deny any license application or renewal
12authorized under any licensing Act administered by the
13Department to any person who has failed to file a return, or to
14pay the tax, penalty, or interest shown in a filed return, or
15to pay any final assessment of tax, penalty, or interest, as
16required by any tax Act administered by the Illinois Department
17of Revenue, until such time as the requirement of any such tax
18Act are satisfied; however, the Department may issue a license
19or renewal if the person has established a satisfactory
20repayment record as determined by the Illinois Department of
21Revenue. For the purpose of this Section, "satisfactory
22repayment record" shall be defined by rule.
23    In addition, a complaint filed with the Department by the
24Illinois Department of Revenue that includes a certification,
25signed by its Director or designee, attesting to the amount of
26the unpaid tax liability or the years for which a return was

 

 

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1not filed, or both, is prima facie evidence of the licensee's
2failure to comply with the tax laws administered by the
3Illinois Department of Revenue. Upon receipt of that
4certification, the Department shall, without a hearing,
5immediately suspend all licenses held by the licensee.
6Enforcement of the Department's order shall be stayed for 60
7days. The Department shall provide notice of the suspension to
8the licensee by mailing a copy of the Department's order to the
9licensee's address of record or emailing a copy of the order to
10the licensee's email address of record. The notice shall advise
11the licensee that the suspension shall be effective 60 days
12after the issuance of the Department's order unless the
13Department receives, from the licensee, a request for a hearing
14before the Department to dispute the matters contained in the
15order.
16    Any suspension imposed under this subsection (g) shall be
17terminated by the Department upon notification from the
18Illinois Department of Revenue that the licensee is in
19compliance with all tax laws administered by the Illinois
20Department of Revenue.
21    The Department may promulgate rules for the administration
22of this subsection (g).
23    (h) The Department may grant the title "Retired", to be
24used immediately adjacent to the title of a profession
25regulated by the Department, to eligible retirees. For
26individuals licensed under the Medical Practice Act of 1987,

 

 

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1the title "Retired" may be used in the profile required by the
2Patients' Right to Know Act. The use of the title "Retired"
3shall not constitute representation of current licensure,
4registration, or certification. Any person without an active
5license, registration, or certificate in a profession that
6requires licensure, registration, or certification shall not
7be permitted to practice that profession.
8    (i) Within 180 days after December 23, 2009 (the effective
9date of Public Act 96-852), the Department shall promulgate
10rules which permit a person with a criminal record, who seeks a
11license or certificate in an occupation for which a criminal
12record is not expressly a per se bar, to apply to the
13Department for a non-binding, advisory opinion to be provided
14by the Board or body with the authority to issue the license or
15certificate as to whether his or her criminal record would bar
16the individual from the licensure or certification sought,
17should the individual meet all other licensure requirements
18including, but not limited to, the successful completion of the
19relevant examinations.
20(Source: P.A. 99-85, eff. 1-1-16; 99-227, eff. 8-3-15; 99-330,
21eff. 8-10-15; 99-642, eff. 7-28-16; 99-933, eff. 1-27-17;
22100-262, eff. 8-22-17; revised 10-4-17.)
 
23    (20 ILCS 2105/2105-207)
24    Sec. 2105-207. Records of Department actions.
25    (a) Any licensee subject to a licensing Act administered by

 

 

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1the Division of Professional Regulation and who has been
2subject to disciplinary action by the Department may file an
3application with the Department on forms provided by the
4Department, along with the required fee of $175, to have the
5records classified as confidential, not for public release, and
6considered expunged for reporting purposes if:
7        (1) the application is submitted more than 3 years
8    after the disciplinary offense or offenses occurred or
9    after restoration of the license, whichever is later;
10        (2) the licensee has had no incidents of discipline
11    under the licensing Act since the disciplinary offense or
12    offenses identified in the application occurred;
13        (3) the Department has no pending investigations
14    against the licensee; and
15        (4) the licensee is not currently in a disciplinary
16    status.
17    (b) An application to make disciplinary records
18confidential shall only be considered by the Department for an
19offense or action relating to:
20        (1) failure to pay taxes or student loans;
21        (2) continuing education;
22        (3) failure to renew a license on time;
23        (4) failure to obtain or renew a certificate of
24    registration or ancillary license;
25        (5) advertising;
26        (5.1) discipline based on criminal charges or

 

 

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1    convictions:
2            (A) that did not arise from the licensed activity
3        and was unrelated to the licensed activity; or
4            (B) that were dismissed or for which records have
5        been sealed or expunged; .
6        (5.2) past probationary status of a license issued to
7    new applicants on the sole or partial basis of prior
8    convictions; or
9        (6) any grounds for discipline removed from the
10    licensing Act.
11    (c) An application shall be submitted to and considered by
12the Director of the Division of Professional Regulation upon
13submission of an application and the required non-refundable
14fee. The Department may establish additional requirements by
15rule. The Department is not required to report the removal of
16any disciplinary record to any national database. Nothing in
17this Section shall prohibit the Department from using a
18previous discipline for any regulatory purpose or from
19releasing records of a previous discipline upon request from
20law enforcement, or other governmental body as permitted by
21law. Classification of records as confidential shall result in
22removal of records of discipline from records kept pursuant to
23Sections 2105-200 and 2105-205 of this Act.
24    (d) Any applicant for licensure or a licensee whose
25petition for review is granted by the Department pursuant to
26subsection (a-1) of Section 2105-165 of this Law may file an

 

 

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1application with the Department on forms provided by the
2Department to have records relating to his or her permanent
3denial or permanent revocation classified as confidential and
4not for public release and considered expunged for reporting
5purposes in the same manner and under the same terms as is
6provided in this Section for the offenses listed in subsection
7(b) of this Section, except that the requirements of a 7-year
8waiting period and the $200 application fee do not apply.
9(Source: P.A. 100-262, eff. 8-22-17; 100-286, eff. 1-1-18;
10revised 10-4-17.)
 
11    Section 80. The Department of Public Health Powers and
12Duties Law of the Civil Administrative Code of Illinois is
13amended by changing Section 2310-676 as follows:
 
14    (20 ILCS 2310/2310-676)
15    Sec. 2310-676. Advisory council on pediatric autoimmune
16neuropsychiatric disorder associated with streptococcal
17infections and pediatric acute neuropsychiatric syndrome.
18    (a) There is established an advisory council on pediatric
19autoimmune neuropsychiatric disorder associated with
20streptococcal infections and pediatric acute neuropsychiatric
21syndrome to advise the Director of Public Health on research,
22diagnosis, treatment, and education relating to the disorder
23and syndrome.
24    (b) The advisory council shall consist of the following

 

 

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1members, who shall be appointed by the Director of Public
2Health within 60 days after August 7, 2015 (the effective date
3of Public Act 99-320) this amendatory Act of the 99th General
4Assembly:
5        (1) An immunologist licensed and practicing in this
6    State who has experience treating persons with pediatric
7    autoimmune neuropsychiatric disorder associated with
8    streptococcal infections and pediatric acute
9    neuropsychiatric syndrome and the use of intravenous
10    immunoglobulin.
11        (2) A health care provider licensed and practicing in
12    this State who has expertise in treating persons with
13    pediatric autoimmune neuropsychiatric disorder associated
14    with streptococcal infections and pediatric acute
15    neuropsychiatric syndrome and autism.
16        (3) A representative of PANDAS/PANS Advocacy &
17    Support.
18        (4) An osteopathic physician licensed and practicing
19    in this State who has experience treating persons with
20    pediatric autoimmune neuropsychiatric disorder associated
21    with streptococcal infections and pediatric acute
22    neuropsychiatric syndrome.
23        (5) A medical researcher with experience conducting
24    research concerning pediatric autoimmune neuropsychiatric
25    disorder associated with streptococcal infections,
26    pediatric acute neuropsychiatric syndrome,

 

 

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1    obsessive-compulsive disorder, tic disorder, and other
2    neurological disorders.
3        (6) A certified dietitian-nutritionist practicing in
4    this State who provides services to children with autism
5    spectrum disorder, attention-deficit hyperactivity
6    disorder, and other neuro-developmental conditions.
7        (7) A representative of a professional organization in
8    this State for school psychologists.
9        (8) A child psychiatrist who has experience treating
10    persons with pediatric autoimmune neuropsychiatric
11    disorder associated with streptococcal infections and
12    pediatric acute neuropsychiatric syndrome.
13        (9) A representative of a professional organization in
14    this State for school nurses.
15        (10) A pediatrician who has experience treating
16    persons with pediatric autoimmune neuropsychiatric
17    disorder associated with streptococcal infections and
18    pediatric acute neuropsychiatric syndrome.
19        (11) A representative of an organization focused on
20    autism.
21        (12) A parent with a child who has been diagnosed with
22    pediatric autoimmune neuropsychiatric disorder associated
23    with streptococcal infections or pediatric acute
24    neuropsychiatric syndrome and autism.
25        (13) A social worker licensed and practicing in this
26    State.

 

 

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1        (14) A representative of the Special Education
2    Services division of the State Board of Education.
3        (15) One member of the General Assembly appointed by
4    the Speaker of the House of Representatives.
5        (16) One member of the General Assembly appointed by
6    the President of the Senate.
7        (17) One member of the General Assembly appointed by
8    the Minority Leader of the House of Representatives.
9        (18) One member of the General Assembly appointed by
10    the Minority Leader of the Senate.
11    (c) The Director of Public Health, or his or her designee,
12shall be an ex officio ex-officio, nonvoting member and shall
13attend all meetings of the advisory council. Any member of the
14advisory council appointed under this Section may be a member
15of the General Assembly. Members shall receive no compensation
16for their services.
17    (d) The Director of Public Health shall schedule the first
18meeting of the advisory council, which shall be held not later
19than 90 days after August 7, 2015 (the effective date of Public
20Act 99-320) this amendatory Act of the 99th General Assembly. A
21majority of the council members shall constitute a quorum. A
22majority vote of a quorum shall be required for any official
23action of the advisory council. The advisory council shall meet
24upon the call of the chairperson or upon the request of a
25majority of council members.
26    (e) Not later than January 1, 2017, and annually

 

 

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1thereafter, the advisory council shall issue a report to the
2General Assembly with recommendations concerning:
3        (1) practice guidelines for the diagnosis and
4    treatment of the disorder and syndrome;
5        (2) mechanisms to increase clinical awareness and
6    education regarding the disorder and syndrome among
7    physicians, including pediatricians, school-based health
8    centers, and providers of mental health services;
9        (3) outreach to educators and parents to increase
10    awareness of the disorder and syndrome; and
11        (4) development of a network of volunteer experts on
12    the diagnosis and treatment of the disorder and syndrome to
13    assist in education and outreach.
14(Source: P.A. 99-320, eff. 8-7-15; revised 9-27-17.)
 
15    Section 85. The Rehabilitation of Persons with
16Disabilities Act is amended by changing Section 3 as follows:
 
17    (20 ILCS 2405/3)  (from Ch. 23, par. 3434)
18    Sec. 3. Powers and duties. The Department shall have the
19powers and duties enumerated herein:
20        (a) To co-operate with the federal government in the
21    administration of the provisions of the federal
22    Rehabilitation Act of 1973, as amended, of the Workforce
23    Innovation and Opportunity Act, and of the federal Social
24    Security Act to the extent and in the manner provided in

 

 

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1    these Acts.
2        (b) To prescribe and supervise such courses of
3    vocational training and provide such other services as may
4    be necessary for the habilitation and rehabilitation of
5    persons with one or more disabilities, including the
6    administrative activities under subsection (e) of this
7    Section, and to co-operate with State and local school
8    authorities and other recognized agencies engaged in
9    habilitation, rehabilitation and comprehensive
10    rehabilitation services; and to cooperate with the
11    Department of Children and Family Services regarding the
12    care and education of children with one or more
13    disabilities.
14        (c) (Blank).
15        (d) To report in writing, to the Governor, annually on
16    or before the first day of December, and at such other
17    times and in such manner and upon such subjects as the
18    Governor may require. The annual report shall contain (1) a
19    statement of the existing condition of comprehensive
20    rehabilitation services, habilitation and rehabilitation
21    in the State; (2) a statement of suggestions and
22    recommendations with reference to the development of
23    comprehensive rehabilitation services, habilitation and
24    rehabilitation in the State; and (3) an itemized statement
25    of the amounts of money received from federal, State and
26    other sources, and of the objects and purposes to which the

 

 

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1    respective items of these several amounts have been
2    devoted.
3        (e) (Blank).
4        (f) To establish a program of services to prevent the
5    unnecessary institutionalization of persons in need of
6    long term care and who meet the criteria for blindness or
7    disability as defined by the Social Security Act, thereby
8    enabling them to remain in their own homes. Such preventive
9    services include any or all of the following:
10            (1) personal assistant services;
11            (2) homemaker services;
12            (3) home-delivered meals;
13            (4) adult day care services;
14            (5) respite care;
15            (6) home modification or assistive equipment;
16            (7) home health services;
17            (8) electronic home response;
18            (9) brain injury behavioral/cognitive services;
19            (10) brain injury habilitation;
20            (11) brain injury pre-vocational services; or
21            (12) brain injury supported employment.
22        The Department shall establish eligibility standards
23    for such services taking into consideration the unique
24    economic and social needs of the population for whom they
25    are to be provided. Such eligibility standards may be based
26    on the recipient's ability to pay for services; provided,

 

 

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1    however, that any portion of a person's income that is
2    equal to or less than the "protected income" level shall
3    not be considered by the Department in determining
4    eligibility. The "protected income" level shall be
5    determined by the Department, shall never be less than the
6    federal poverty standard, and shall be adjusted each year
7    to reflect changes in the Consumer Price Index For All
8    Urban Consumers as determined by the United States
9    Department of Labor. The standards must provide that a
10    person may not have more than $10,000 in assets to be
11    eligible for the services, and the Department may increase
12    or decrease the asset limitation by rule. The Department
13    may not decrease the asset level below $10,000.
14        The services shall be provided, as established by the
15    Department by rule, to eligible persons to prevent
16    unnecessary or premature institutionalization, to the
17    extent that the cost of the services, together with the
18    other personal maintenance expenses of the persons, are
19    reasonably related to the standards established for care in
20    a group facility appropriate to their condition. These
21    non-institutional services, pilot projects or experimental
22    facilities may be provided as part of or in addition to
23    those authorized by federal law or those funded and
24    administered by the Illinois Department on Aging. The
25    Department shall set rates and fees for services in a fair
26    and equitable manner. Services identical to those offered

 

 

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1    by the Department on Aging shall be paid at the same rate.
2        Personal assistants shall be paid at a rate negotiated
3    between the State and an exclusive representative of
4    personal assistants under a collective bargaining
5    agreement. In no case shall the Department pay personal
6    assistants an hourly wage that is less than the federal
7    minimum wage. Within 30 days after July 6, 2017 (the
8    effective date of Public Act 100-23) this amendatory Act of
9    the 100th General Assembly, the hourly wage paid to
10    personal assistants and individual maintenance home health
11    workers shall be increased by $0.48 per hour.
12        Solely for the purposes of coverage under the Illinois
13    Public Labor Relations Act, personal assistants providing
14    services under the Department's Home Services Program
15    shall be considered to be public employees and the State of
16    Illinois shall be considered to be their employer as of
17    July 16, 2003 (the effective date of Public Act 93-204)
18    this amendatory Act of the 93rd General Assembly, but not
19    before. Solely for the purposes of coverage under the
20    Illinois Public Labor Relations Act, home care and home
21    health workers who function as personal assistants and
22    individual maintenance home health workers and who also
23    provide services under the Department's Home Services
24    Program shall be considered to be public employees, no
25    matter whether the State provides such services through
26    direct fee-for-service arrangements, with the assistance

 

 

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1    of a managed care organization or other intermediary, or
2    otherwise, and the State of Illinois shall be considered to
3    be the employer of those persons as of January 29, 2013
4    (the effective date of Public Act 97-1158), but not before
5    except as otherwise provided under this subsection (f). The
6    State shall engage in collective bargaining with an
7    exclusive representative of home care and home health
8    workers who function as personal assistants and individual
9    maintenance home health workers working under the Home
10    Services Program concerning their terms and conditions of
11    employment that are within the State's control. Nothing in
12    this paragraph shall be understood to limit the right of
13    the persons receiving services defined in this Section to
14    hire and fire home care and home health workers who
15    function as personal assistants and individual maintenance
16    home health workers working under the Home Services Program
17    or to supervise them within the limitations set by the Home
18    Services Program. The State shall not be considered to be
19    the employer of home care and home health workers who
20    function as personal assistants and individual maintenance
21    home health workers working under the Home Services Program
22    for any purposes not specifically provided in Public Act
23    93-204 or Public Act 97-1158, including but not limited to,
24    purposes of vicarious liability in tort and purposes of
25    statutory retirement or health insurance benefits. Home
26    care and home health workers who function as personal

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB5447 Enrolled- 156 -LRB100 16294 AMC 31417 b

1    personnel throughout the State shall also assist in the
2    operation of the Statewide Housing Clearinghouse.
3    Cooperation with local, State, and federal housing
4    managers shall be sought and extended in order to
5    frequently and promptly update the Clearinghouse's
6    information.
7        (m) To assure that the names and case records of
8    persons who received or are receiving services from the
9    Department, including persons receiving vocational
10    rehabilitation, home services, or other services, and
11    those attending one of the Department's schools or other
12    supervised facility shall be confidential and not be open
13    to the general public. Those case records and reports or
14    the information contained in those records and reports
15    shall be disclosed by the Director only to proper law
16    enforcement officials, individuals authorized by a court,
17    the General Assembly or any committee or commission of the
18    General Assembly, and other persons and for reasons as the
19    Director designates by rule. Disclosure by the Director may
20    be only in accordance with other applicable law.
21(Source: P.A. 99-143, eff. 7-27-15; 100-23, eff. 7-6-17;
22100-477, eff. 9-8-17; revised 9-27-17.)
 
23    Section 90. The Disabilities Services Act of 2003 is
24amended by changing Section 55 as follows:
 

 

 

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1    (20 ILCS 2407/55)
2    Sec. 55. Dissemination of reports. (a) On or before April 1
3of each year, in conjunction with their annual report, the
4Department of Healthcare and Family Services, in cooperation
5with the other involved agencies, shall report to the Governor
6and the General Assembly on the implementation of this Act and
7include, at a minimum, the following data: (i) a description of
8any interagency agreements, fiscal payment mechanisms or
9methodologies developed under this Act that effectively
10support choice; (ii) information concerning the dollar amounts
11of State Medicaid long-term care expenditures and the
12percentage of such expenditures that were for institutional
13long-term care services or were for home and community-based
14long-term care services; and (iii) documentation that the
15Departments have met the requirements under Section 54(a) to
16assure the health and welfare of eligible individuals receiving
17home and community-based long-term care services. This report
18must be made available to the general public, including via the
19Departmental websites.
20(Source: P.A. 95-438, eff. 1-1-08; revised 9-27-17.)
 
21    Section 95. The Criminal Identification Act is amended by
22changing Section 5.2 as follows:
 
23    (20 ILCS 2630/5.2)
24    Sec. 5.2. Expungement, sealing, and immediate sealing.

 

 

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1    (a) General Provisions.
2        (1) Definitions. In this Act, words and phrases have
3    the meanings set forth in this subsection, except when a
4    particular context clearly requires a different meaning.
5            (A) The following terms shall have the meanings
6        ascribed to them in the Unified Code of Corrections,
7        730 ILCS 5/5-1-2 through 5/5-1-22:
8                (i) Business Offense (730 ILCS 5/5-1-2),
9                (ii) Charge (730 ILCS 5/5-1-3),
10                (iii) Court (730 ILCS 5/5-1-6),
11                (iv) Defendant (730 ILCS 5/5-1-7),
12                (v) Felony (730 ILCS 5/5-1-9),
13                (vi) Imprisonment (730 ILCS 5/5-1-10),
14                (vii) Judgment (730 ILCS 5/5-1-12),
15                (viii) Misdemeanor (730 ILCS 5/5-1-14),
16                (ix) Offense (730 ILCS 5/5-1-15),
17                (x) Parole (730 ILCS 5/5-1-16),
18                (xi) Petty Offense (730 ILCS 5/5-1-17),
19                (xii) Probation (730 ILCS 5/5-1-18),
20                (xiii) Sentence (730 ILCS 5/5-1-19),
21                (xiv) Supervision (730 ILCS 5/5-1-21), and
22                (xv) Victim (730 ILCS 5/5-1-22).
23            (B) As used in this Section, "charge not initiated
24        by arrest" means a charge (as defined by 730 ILCS
25        5/5-1-3) brought against a defendant where the
26        defendant is not arrested prior to or as a direct

 

 

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1        result of the charge.
2            (C) "Conviction" means a judgment of conviction or
3        sentence entered upon a plea of guilty or upon a
4        verdict or finding of guilty of an offense, rendered by
5        a legally constituted jury or by a court of competent
6        jurisdiction authorized to try the case without a jury.
7        An order of supervision successfully completed by the
8        petitioner is not a conviction. An order of qualified
9        probation (as defined in subsection (a)(1)(J))
10        successfully completed by the petitioner is not a
11        conviction. An order of supervision or an order of
12        qualified probation that is terminated
13        unsatisfactorily is a conviction, unless the
14        unsatisfactory termination is reversed, vacated, or
15        modified and the judgment of conviction, if any, is
16        reversed or vacated.
17            (D) "Criminal offense" means a petty offense,
18        business offense, misdemeanor, felony, or municipal
19        ordinance violation (as defined in subsection
20        (a)(1)(H)). As used in this Section, a minor traffic
21        offense (as defined in subsection (a)(1)(G)) shall not
22        be considered a criminal offense.
23            (E) "Expunge" means to physically destroy the
24        records or return them to the petitioner and to
25        obliterate the petitioner's name from any official
26        index or public record, or both. Nothing in this Act

 

 

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1        shall require the physical destruction of the circuit
2        court file, but such records relating to arrests or
3        charges, or both, ordered expunged shall be impounded
4        as required by subsections (d)(9)(A)(ii) and
5        (d)(9)(B)(ii).
6            (F) As used in this Section, "last sentence" means
7        the sentence, order of supervision, or order of
8        qualified probation (as defined by subsection
9        (a)(1)(J)), for a criminal offense (as defined by
10        subsection (a)(1)(D)) that terminates last in time in
11        any jurisdiction, regardless of whether the petitioner
12        has included the criminal offense for which the
13        sentence or order of supervision or qualified
14        probation was imposed in his or her petition. If
15        multiple sentences, orders of supervision, or orders
16        of qualified probation terminate on the same day and
17        are last in time, they shall be collectively considered
18        the "last sentence" regardless of whether they were
19        ordered to run concurrently.
20            (G) "Minor traffic offense" means a petty offense,
21        business offense, or Class C misdemeanor under the
22        Illinois Vehicle Code or a similar provision of a
23        municipal or local ordinance.
24            (H) "Municipal ordinance violation" means an
25        offense defined by a municipal or local ordinance that
26        is criminal in nature and with which the petitioner was

 

 

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1        charged or for which the petitioner was arrested and
2        released without charging.
3            (I) "Petitioner" means an adult or a minor
4        prosecuted as an adult who has applied for relief under
5        this Section.
6            (J) "Qualified probation" means an order of
7        probation under Section 10 of the Cannabis Control Act,
8        Section 410 of the Illinois Controlled Substances Act,
9        Section 70 of the Methamphetamine Control and
10        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
11        of the Unified Code of Corrections, Section
12        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
13        those provisions existed before their deletion by
14        Public Act 89-313), Section 10-102 of the Illinois
15        Alcoholism and Other Drug Dependency Act, Section
16        40-10 of the Alcoholism and Other Drug Abuse and
17        Dependency Act, or Section 10 of the Steroid Control
18        Act. For the purpose of this Section, "successful
19        completion" of an order of qualified probation under
20        Section 10-102 of the Illinois Alcoholism and Other
21        Drug Dependency Act and Section 40-10 of the Alcoholism
22        and Other Drug Abuse and Dependency Act means that the
23        probation was terminated satisfactorily and the
24        judgment of conviction was vacated.
25            (K) "Seal" means to physically and electronically
26        maintain the records, unless the records would

 

 

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1        otherwise be destroyed due to age, but to make the
2        records unavailable without a court order, subject to
3        the exceptions in Sections 12 and 13 of this Act. The
4        petitioner's name shall also be obliterated from the
5        official index required to be kept by the circuit court
6        clerk under Section 16 of the Clerks of Courts Act, but
7        any index issued by the circuit court clerk before the
8        entry of the order to seal shall not be affected.
9            (L) "Sexual offense committed against a minor"
10        includes but is not limited to the offenses of indecent
11        solicitation of a child or criminal sexual abuse when
12        the victim of such offense is under 18 years of age.
13            (M) "Terminate" as it relates to a sentence or
14        order of supervision or qualified probation includes
15        either satisfactory or unsatisfactory termination of
16        the sentence, unless otherwise specified in this
17        Section.
18        (2) Minor Traffic Offenses. Orders of supervision or
19    convictions for minor traffic offenses shall not affect a
20    petitioner's eligibility to expunge or seal records
21    pursuant to this Section.
22        (2.5) Commencing 180 days after July 29, 2016 (the
23    effective date of Public Act 99-697), the law enforcement
24    agency issuing the citation shall automatically expunge,
25    on or before January 1 and July 1 of each year, the law
26    enforcement records of a person found to have committed a

 

 

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1    civil law violation of subsection (a) of Section 4 of the
2    Cannabis Control Act or subsection (c) of Section 3.5 of
3    the Drug Paraphernalia Control Act in the law enforcement
4    agency's possession or control and which contains the final
5    satisfactory disposition which pertain to the person
6    issued a citation for that offense. The law enforcement
7    agency shall provide by rule the process for access,
8    review, and to confirm the automatic expungement by the law
9    enforcement agency issuing the citation. Commencing 180
10    days after July 29, 2016 (the effective date of Public Act
11    99-697), the clerk of the circuit court shall expunge, upon
12    order of the court, or in the absence of a court order on
13    or before January 1 and July 1 of each year, the court
14    records of a person found in the circuit court to have
15    committed a civil law violation of subsection (a) of
16    Section 4 of the Cannabis Control Act or subsection (c) of
17    Section 3.5 of the Drug Paraphernalia Control Act in the
18    clerk's possession or control and which contains the final
19    satisfactory disposition which pertain to the person
20    issued a citation for any of those offenses.
21        (3) Exclusions. Except as otherwise provided in
22    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
23    of this Section, the court shall not order:
24            (A) the sealing or expungement of the records of
25        arrests or charges not initiated by arrest that result
26        in an order of supervision for or conviction of: (i)

 

 

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1        any sexual offense committed against a minor; (ii)
2        Section 11-501 of the Illinois Vehicle Code or a
3        similar provision of a local ordinance; or (iii)
4        Section 11-503 of the Illinois Vehicle Code or a
5        similar provision of a local ordinance, unless the
6        arrest or charge is for a misdemeanor violation of
7        subsection (a) of Section 11-503 or a similar provision
8        of a local ordinance, that occurred prior to the
9        offender reaching the age of 25 years and the offender
10        has no other conviction for violating Section 11-501 or
11        11-503 of the Illinois Vehicle Code or a similar
12        provision of a local ordinance.
13            (B) the sealing or expungement of records of minor
14        traffic offenses (as defined in subsection (a)(1)(G)),
15        unless the petitioner was arrested and released
16        without charging.
17            (C) the sealing of the records of arrests or
18        charges not initiated by arrest which result in an
19        order of supervision or a conviction for the following
20        offenses:
21                (i) offenses included in Article 11 of the
22            Criminal Code of 1961 or the Criminal Code of 2012
23            or a similar provision of a local ordinance, except
24            Section 11-14 and a misdemeanor violation of
25            Section 11-30 of the Criminal Code of 1961 or the
26            Criminal Code of 2012, or a similar provision of a

 

 

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1            local ordinance;
2                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
3            26-5, or 48-1 of the Criminal Code of 1961 or the
4            Criminal Code of 2012, or a similar provision of a
5            local ordinance;
6                (iii) Sections 12-3.1 or 12-3.2 of the
7            Criminal Code of 1961 or the Criminal Code of 2012,
8            or Section 125 of the Stalking No Contact Order
9            Act, or Section 219 of the Civil No Contact Order
10            Act, or a similar provision of a local ordinance;
11                (iv) Class A misdemeanors or felony offenses
12            under the Humane Care for Animals Act; or
13                (v) any offense or attempted offense that
14            would subject a person to registration under the
15            Sex Offender Registration Act.
16            (D) (blank).
17    (b) Expungement.
18        (1) A petitioner may petition the circuit court to
19    expunge the records of his or her arrests and charges not
20    initiated by arrest when each arrest or charge not
21    initiated by arrest sought to be expunged resulted in: (i)
22    acquittal, dismissal, or the petitioner's release without
23    charging, unless excluded by subsection (a)(3)(B); (ii) a
24    conviction which was vacated or reversed, unless excluded
25    by subsection (a)(3)(B); (iii) an order of supervision and
26    such supervision was successfully completed by the

 

 

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1    petitioner, unless excluded by subsection (a)(3)(A) or
2    (a)(3)(B); or (iv) an order of qualified probation (as
3    defined in subsection (a)(1)(J)) and such probation was
4    successfully completed by the petitioner.
5        (1.5) When a petitioner seeks to have a record of
6    arrest expunged under this Section, and the offender has
7    been convicted of a criminal offense, the State's Attorney
8    may object to the expungement on the grounds that the
9    records contain specific relevant information aside from
10    the mere fact of the arrest.
11        (2) Time frame for filing a petition to expunge.
12            (A) When the arrest or charge not initiated by
13        arrest sought to be expunged resulted in an acquittal,
14        dismissal, the petitioner's release without charging,
15        or the reversal or vacation of a conviction, there is
16        no waiting period to petition for the expungement of
17        such records.
18            (B) When the arrest or charge not initiated by
19        arrest sought to be expunged resulted in an order of
20        supervision, successfully completed by the petitioner,
21        the following time frames will apply:
22                (i) Those arrests or charges that resulted in
23            orders of supervision under Section 3-707, 3-708,
24            3-710, or 5-401.3 of the Illinois Vehicle Code or a
25            similar provision of a local ordinance, or under
26            Section 11-1.50, 12-3.2, or 12-15 of the Criminal

 

 

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

 

 

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1        satisfactory termination of the probation.
2        (3) Those records maintained by the Department for
3    persons arrested prior to their 17th birthday shall be
4    expunged as provided in Section 5-915 of the Juvenile Court
5    Act of 1987.
6        (4) Whenever a person has been arrested for or
7    convicted of any offense, in the name of a person whose
8    identity he or she has stolen or otherwise come into
9    possession of, the aggrieved person from whom the identity
10    was stolen or otherwise obtained without authorization,
11    upon learning of the person having been arrested using his
12    or her identity, may, upon verified petition to the chief
13    judge of the circuit wherein the arrest was made, have a
14    court order entered nunc pro tunc by the Chief Judge to
15    correct the arrest record, conviction record, if any, and
16    all official records of the arresting authority, the
17    Department, other criminal justice agencies, the
18    prosecutor, and the trial court concerning such arrest, if
19    any, by removing his or her name from all such records in
20    connection with the arrest and conviction, if any, and by
21    inserting in the records the name of the offender, if known
22    or ascertainable, in lieu of the aggrieved's name. The
23    records of the circuit court clerk shall be sealed until
24    further order of the court upon good cause shown and the
25    name of the aggrieved person obliterated on the official
26    index required to be kept by the circuit court clerk under

 

 

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

 

 

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

 

 

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1    (c) Sealing.
2        (1) Applicability. Notwithstanding any other provision
3    of this Act to the contrary, and cumulative with any rights
4    to expungement of criminal records, this subsection
5    authorizes the sealing of criminal records of adults and of
6    minors prosecuted as adults. Subsection (g) of this Section
7    provides for immediate sealing of certain records.
8        (2) Eligible Records. The following records may be
9    sealed:
10            (A) All arrests resulting in release without
11        charging;
12            (B) Arrests or charges not initiated by arrest
13        resulting in acquittal, dismissal, or conviction when
14        the conviction was reversed or vacated, except as
15        excluded by subsection (a)(3)(B);
16            (C) Arrests or charges not initiated by arrest
17        resulting in orders of supervision, including orders
18        of supervision for municipal ordinance violations,
19        successfully completed by the petitioner, unless
20        excluded by subsection (a)(3);
21            (D) Arrests or charges not initiated by arrest
22        resulting in convictions, including convictions on
23        municipal ordinance violations, unless excluded by
24        subsection (a)(3);
25            (E) Arrests or charges not initiated by arrest
26        resulting in orders of first offender probation under

 

 

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1        Section 10 of the Cannabis Control Act, Section 410 of
2        the Illinois Controlled Substances Act, Section 70 of
3        the Methamphetamine Control and Community Protection
4        Act, or Section 5-6-3.3 of the Unified Code of
5        Corrections; and
6            (F) Arrests or charges not initiated by arrest
7        resulting in felony convictions unless otherwise
8        excluded by subsection (a) paragraph (3) of this
9        Section.
10        (3) When Records Are Eligible to Be Sealed. Records
11    identified as eligible under subsection (c)(2) may be
12    sealed as follows:
13            (A) Records identified as eligible under
14        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
15        time.
16            (B) Except as otherwise provided in subparagraph
17        (E) of this paragraph (3), records identified as
18        eligible under subsection (c)(2)(C) may be sealed 2
19        years after the termination of petitioner's last
20        sentence (as defined in subsection (a)(1)(F)).
21            (C) Except as otherwise provided in subparagraph
22        (E) of this paragraph (3), records identified as
23        eligible under subsections (c)(2)(D), (c)(2)(E), and
24        (c)(2)(F) may be sealed 3 years after the termination
25        of the petitioner's last sentence (as defined in
26        subsection (a)(1)(F)). Convictions requiring public

 

 

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1        registration under the Arsonist Registration Act, the
2        Sex Offender Registration Act, or the Murderer and
3        Violent Offender Against Youth Registration Act may
4        not be sealed until the petitioner is no longer
5        required to register under that relevant Act.
6            (D) Records identified in subsection
7        (a)(3)(A)(iii) may be sealed after the petitioner has
8        reached the age of 25 years.
9            (E) Records identified as eligible under
10        subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
11        (c)(2)(F) may be sealed upon termination of the
12        petitioner's last sentence if the petitioner earned a
13        high school diploma, associate's degree, career
14        certificate, vocational technical certification, or
15        bachelor's degree, or passed the high school level Test
16        of General Educational Development, during the period
17        of his or her sentence, aftercare release, or mandatory
18        supervised release. This subparagraph shall apply only
19        to a petitioner who has not completed the same
20        educational goal prior to the period of his or her
21        sentence, aftercare release, or mandatory supervised
22        release. If a petition for sealing eligible records
23        filed under this subparagraph is denied by the court,
24        the time periods under subparagraph (B) or (C) shall
25        apply to any subsequent petition for sealing filed by
26        the petitioner.

 

 

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1        (4) Subsequent felony convictions. A person may not
2    have subsequent felony conviction records sealed as
3    provided in this subsection (c) if he or she is convicted
4    of any felony offense after the date of the sealing of
5    prior felony convictions as provided in this subsection
6    (c). The court may, upon conviction for a subsequent felony
7    offense, order the unsealing of prior felony conviction
8    records previously ordered sealed by the court.
9        (5) Notice of eligibility for sealing. Upon entry of a
10    disposition for an eligible record under this subsection
11    (c), the petitioner shall be informed by the court of the
12    right to have the records sealed and the procedures for the
13    sealing of the records.
14    (d) Procedure. The following procedures apply to
15expungement under subsections (b), (e), and (e-6) and sealing
16under subsections (c) and (e-5):
17        (1) Filing the petition. Upon becoming eligible to
18    petition for the expungement or sealing of records under
19    this Section, the petitioner shall file a petition
20    requesting the expungement or sealing of records with the
21    clerk of the court where the arrests occurred or the
22    charges were brought, or both. If arrests occurred or
23    charges were brought in multiple jurisdictions, a petition
24    must be filed in each such jurisdiction. The petitioner
25    shall pay the applicable fee, except no fee shall be
26    required if the petitioner has obtained a court order

 

 

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1    waiving fees under Supreme Court Rule 298 or it is
2    otherwise waived.
3        (1.5) County fee waiver pilot program. In a county of
4    3,000,000 or more inhabitants, no fee shall be required to
5    be paid by a petitioner if the records sought to be
6    expunged or sealed were arrests resulting in release
7    without charging or arrests or charges not initiated by
8    arrest resulting in acquittal, dismissal, or conviction
9    when the conviction was reversed or vacated, unless
10    excluded by subsection (a)(3)(B). The provisions of this
11    paragraph (1.5), other than this sentence, are inoperative
12    on and after January 1, 2019 or one year after January 1,
13    2017 (the effective date of Public Act 99-881), whichever
14    is later.
15        (2) Contents of petition. The petition shall be
16    verified and shall contain the petitioner's name, date of
17    birth, current address and, for each arrest or charge not
18    initiated by arrest sought to be sealed or expunged, the
19    case number, the date of arrest (if any), the identity of
20    the arresting authority, and such other information as the
21    court may require. During the pendency of the proceeding,
22    the petitioner shall promptly notify the circuit court
23    clerk of any change of his or her address. If the
24    petitioner has received a certificate of eligibility for
25    sealing from the Prisoner Review Board under paragraph (10)
26    of subsection (a) of Section 3-3-2 of the Unified Code of

 

 

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1    Corrections, the certificate shall be attached to the
2    petition.
3        (3) Drug test. The petitioner must attach to the
4    petition proof that the petitioner has passed a test taken
5    within 30 days before the filing of the petition showing
6    the absence within his or her body of all illegal
7    substances as defined by the Illinois Controlled
8    Substances Act, the Methamphetamine Control and Community
9    Protection Act, and the Cannabis Control Act if he or she
10    is petitioning to:
11            (A) seal felony records under clause (c)(2)(E);
12            (B) seal felony records for a violation of the
13        Illinois Controlled Substances Act, the
14        Methamphetamine Control and Community Protection Act,
15        or the Cannabis Control Act under clause (c)(2)(F);
16            (C) seal felony records under subsection (e-5); or
17            (D) expunge felony records of a qualified
18        probation under clause (b)(1)(iv).
19        (4) Service of petition. The circuit court clerk shall
20    promptly serve a copy of the petition and documentation to
21    support the petition under subsection (e-5) or (e-6) on the
22    State's Attorney or prosecutor charged with the duty of
23    prosecuting the offense, the Department of State Police,
24    the arresting agency and the chief legal officer of the
25    unit of local government effecting the arrest.
26        (5) Objections.

 

 

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

 

 

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1    set a date for a hearing and notify the petitioner and all
2    parties entitled to notice of the petition of the hearing
3    date at least 30 days prior to the hearing. Prior to the
4    hearing, the State's Attorney shall consult with the
5    Department as to the appropriateness of the relief sought
6    in the petition to expunge or seal. At the hearing, the
7    court shall hear evidence on whether the petition should or
8    should not be granted, and shall grant or deny the petition
9    to expunge or seal the records based on the evidence
10    presented at the hearing. The court may consider the
11    following:
12            (A) the strength of the evidence supporting the
13        defendant's conviction;
14            (B) the reasons for retention of the conviction
15        records by the State;
16            (C) the petitioner's age, criminal record history,
17        and employment history;
18            (D) the period of time between the petitioner's
19        arrest on the charge resulting in the conviction and
20        the filing of the petition under this Section; and
21            (E) the specific adverse consequences the
22        petitioner may be subject to if the petition is denied.
23        (8) Service of order. After entering an order to
24    expunge or seal records, the court must provide copies of
25    the order to the Department, in a form and manner
26    prescribed by the Department, to the petitioner, to the

 

 

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1    State's Attorney or prosecutor charged with the duty of
2    prosecuting the offense, to the arresting agency, to the
3    chief legal officer of the unit of local government
4    effecting the arrest, and to such other criminal justice
5    agencies as may be ordered by the court.
6        (9) Implementation of order.
7            (A) Upon entry of an order to expunge records
8        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
9                (i) the records shall be expunged (as defined
10            in subsection (a)(1)(E)) by the arresting agency,
11            the Department, and any other agency as ordered by
12            the court, within 60 days of the date of service of
13            the order, unless a motion to vacate, modify, or
14            reconsider the order is filed pursuant to
15            paragraph (12) of subsection (d) of this Section;
16                (ii) the records of the circuit court clerk
17            shall be impounded until further order of the court
18            upon good cause shown and the name of the
19            petitioner obliterated on the official index
20            required to be kept by the circuit court clerk
21            under Section 16 of the Clerks of Courts Act, but
22            the order shall not affect any index issued by the
23            circuit court clerk before the entry of the order;
24            and
25                (iii) in response to an inquiry for expunged
26            records, the court, the Department, or the agency

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    the Clerks of Courts Act to the contrary, the circuit court
2    clerk may charge a fee equivalent to the cost associated
3    with the sealing or expungement of records by the circuit
4    court clerk. From the total filing fee collected for the
5    petition to seal or expunge, the circuit court clerk shall
6    deposit $10 into the Circuit Court Clerk Operation and
7    Administrative Fund, to be used to offset the costs
8    incurred by the circuit court clerk in performing the
9    additional duties required to serve the petition to seal or
10    expunge on all parties. The circuit court clerk shall
11    collect and forward the Department of State Police portion
12    of the fee to the Department and it shall be deposited in
13    the State Police Services Fund.
14        (11) Final Order. No court order issued under the
15    expungement or sealing provisions of this Section shall
16    become final for purposes of appeal until 30 days after
17    service of the order on the petitioner and all parties
18    entitled to notice of the petition.
19        (12) Motion to Vacate, Modify, or Reconsider. Under
20    Section 2-1203 of the Code of Civil Procedure, the
21    petitioner or any party entitled to notice may file a
22    motion to vacate, modify, or reconsider the order granting
23    or denying the petition to expunge or seal within 60 days
24    of service of the order. If filed more than 60 days after
25    service of the order, a petition to vacate, modify, or
26    reconsider shall comply with subsection (c) of Section

 

 

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

 

 

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1    of that order, the parties entitled to notice of the
2    petition must seal, but need not expunge, the records until
3    there is a final order on the motion for relief or, in the
4    case of an appeal, the issuance of that court's mandate.
5        (16) The changes to this subsection (d) made by Public
6    Act 98-163 apply to all petitions pending on August 5, 2013
7    (the effective date of Public Act 98-163) and to all orders
8    ruling on a petition to expunge or seal on or after August
9    5, 2013 (the effective date of Public Act 98-163).
10    (e) Whenever a person who has been convicted of an offense
11is granted a pardon by the Governor which specifically
12authorizes expungement, he or she may, upon verified petition
13to the Chief Judge of the circuit where the person had been
14convicted, any judge of the circuit designated by the Chief
15Judge, or in counties of less than 3,000,000 inhabitants, the
16presiding trial judge at the defendant's trial, have a court
17order entered expunging the record of arrest from the official
18records of the arresting authority and order that the records
19of the circuit court clerk and the Department be sealed until
20further order of the court upon good cause shown or as
21otherwise provided herein, and the name of the defendant
22obliterated from the official index requested to be kept by the
23circuit court clerk under Section 16 of the Clerks of Courts
24Act in connection with the arrest and conviction for the
25offense for which he or she had been pardoned but the order
26shall not affect any index issued by the circuit court clerk

 

 

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1before the entry of the order. All records sealed by the
2Department may be disseminated by the Department only to the
3arresting authority, the State's Attorney, and the court upon a
4later arrest for the same or similar offense or for the purpose
5of sentencing for any subsequent felony. Upon conviction for
6any subsequent offense, the Department of Corrections shall
7have access to all sealed records of the Department pertaining
8to that individual. Upon entry of the order of expungement, the
9circuit court clerk shall promptly mail a copy of the order to
10the person who was pardoned.
11    (e-5) Whenever a person who has been convicted of an
12offense is granted a certificate of eligibility for sealing by
13the Prisoner Review Board which specifically authorizes
14sealing, he or she may, upon verified petition to the Chief
15Judge of the circuit where the person had been convicted, any
16judge of the circuit designated by the Chief Judge, or in
17counties of less than 3,000,000 inhabitants, the presiding
18trial judge at the petitioner's trial, have a court order
19entered sealing the record of arrest from the official records
20of the arresting authority and order that the records of the
21circuit court clerk and the Department be sealed until further
22order of the court upon good cause shown or as otherwise
23provided herein, and the name of the petitioner obliterated
24from the official index requested to be kept by the circuit
25court clerk under Section 16 of the Clerks of Courts Act in
26connection with the arrest and conviction for the offense for

 

 

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

 

 

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1otherwise provided herein, and the name of the petitioner
2obliterated from the official index requested to be kept by the
3circuit court clerk under Section 16 of the Clerks of Courts
4Act in connection with the arrest and conviction for the
5offense for which he or she had been granted the certificate
6but the order shall not affect any index issued by the circuit
7court clerk before the entry of the order. All records sealed
8by the Department may be disseminated by the Department only as
9required by this Act or to the arresting authority, a law
10enforcement agency, the State's Attorney, and the court upon a
11later arrest for the same or similar offense or for the purpose
12of sentencing for any subsequent felony. Upon conviction for
13any subsequent offense, the Department of Corrections shall
14have access to all expunged records of the Department
15pertaining to that individual. Upon entry of the order of
16expungement, the circuit court clerk shall promptly mail a copy
17of the order to the person who was granted the certificate of
18eligibility for expungement.
19    (f) Subject to available funding, the Illinois Department
20of Corrections shall conduct a study of the impact of sealing,
21especially on employment and recidivism rates, utilizing a
22random sample of those who apply for the sealing of their
23criminal records under Public Act 93-211. At the request of the
24Illinois Department of Corrections, records of the Illinois
25Department of Employment Security shall be utilized as
26appropriate to assist in the study. The study shall not

 

 

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1disclose any data in a manner that would allow the
2identification of any particular individual or employing unit.
3The study shall be made available to the General Assembly no
4later than September 1, 2010.
5    (g) Immediate Sealing.
6        (1) Applicability. Notwithstanding any other provision
7    of this Act to the contrary, and cumulative with any rights
8    to expungement or sealing of criminal records, this
9    subsection authorizes the immediate sealing of criminal
10    records of adults and of minors prosecuted as adults.
11        (2) Eligible Records. Arrests or charges not initiated
12    by arrest resulting in acquittal or dismissal with
13    prejudice, except as excluded by subsection (a)(3)(B),
14    that occur on or after January 1, 2018 (the effective date
15    of Public Act 100-282) this amendatory Act of the 100th
16    General Assembly, may be sealed immediately if the petition
17    is filed with the circuit court clerk on the same day and
18    during the same hearing in which the case is disposed.
19        (3) When Records are Eligible to be Immediately Sealed.
20    Eligible records under paragraph (2) of this subsection (g)
21    may be sealed immediately after entry of the final
22    disposition of a case, notwithstanding the disposition of
23    other charges in the same case.
24        (4) Notice of Eligibility for Immediate Sealing. Upon
25    entry of a disposition for an eligible record under this
26    subsection (g), the defendant shall be informed by the

 

 

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1    court of his or her right to have eligible records
2    immediately sealed and the procedure for the immediate
3    sealing of these records.
4        (5) Procedure. The following procedures apply to
5    immediate sealing under this subsection (g).
6            (A) Filing the Petition. Upon entry of the final
7        disposition of the case, the defendant's attorney may
8        immediately petition the court, on behalf of the
9        defendant, for immediate sealing of eligible records
10        under paragraph (2) of this subsection (g) that are
11        entered on or after January 1, 2018 (the effective date
12        of Public Act 100-282) this amendatory Act of the 100th
13        General Assembly. The immediate sealing petition may
14        be filed with the circuit court clerk during the
15        hearing in which the final disposition of the case is
16        entered. If the defendant's attorney does not file the
17        petition for immediate sealing during the hearing, the
18        defendant may file a petition for sealing at any time
19        as authorized under subsection (c)(3)(A).
20            (B) Contents of Petition. The immediate sealing
21        petition shall be verified and shall contain the
22        petitioner's name, date of birth, current address, and
23        for each eligible record, the case number, the date of
24        arrest if applicable, the identity of the arresting
25        authority if applicable, and other information as the
26        court may require.

 

 

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1            (C) Drug Test. The petitioner shall not be required
2        to attach proof that he or she has passed a drug test.
3            (D) Service of Petition. A copy of the petition
4        shall be served on the State's Attorney in open court.
5        The petitioner shall not be required to serve a copy of
6        the petition on any other agency.
7            (E) Entry of Order. The presiding trial judge shall
8        enter an order granting or denying the petition for
9        immediate sealing during the hearing in which it is
10        filed. Petitions for immediate sealing shall be ruled
11        on in the same hearing in which the final disposition
12        of the case is entered.
13            (F) Hearings. The court shall hear the petition for
14        immediate sealing on the same day and during the same
15        hearing in which the disposition is rendered.
16            (G) Service of Order. An order to immediately seal
17        eligible records shall be served in conformance with
18        subsection (d)(8).
19            (H) Implementation of Order. An order to
20        immediately seal records shall be implemented in
21        conformance with subsections (d)(9)(C) and (d)(9)(D).
22            (I) Fees. The fee imposed by the circuit court
23        clerk and the Department of State Police shall comply
24        with paragraph (1) of subsection (d) of this Section.
25            (J) Final Order. No court order issued under this
26        subsection (g) shall become final for purposes of

 

 

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1        appeal until 30 days after service of the order on the
2        petitioner and all parties entitled to service of the
3        order in conformance with subsection (d)(8).
4            (K) Motion to Vacate, Modify, or Reconsider. Under
5        Section 2-1203 of the Code of Civil Procedure, the
6        petitioner, State's Attorney, or the Department of
7        State Police may file a motion to vacate, modify, or
8        reconsider the order denying the petition to
9        immediately seal within 60 days of service of the
10        order. If filed more than 60 days after service of the
11        order, a petition to vacate, modify, or reconsider
12        shall comply with subsection (c) of Section 2-1401 of
13        the Code of Civil Procedure.
14            (L) Effect of Order. An order granting an immediate
15        sealing petition shall not be considered void because
16        it fails to comply with the provisions of this Section
17        or because of an error asserted in a motion to vacate,
18        modify, or reconsider. The circuit court retains
19        jurisdiction to determine whether the order is
20        voidable, and to vacate, modify, or reconsider its
21        terms based on a motion filed under subparagraph (L) of
22        this subsection (g).
23            (M) Compliance with Order Granting Petition to
24        Seal Records. Unless a court has entered a stay of an
25        order granting a petition to immediately seal, all
26        parties entitled to service of the order must fully

 

 

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1        comply with the terms of the order within 60 days of
2        service of the order.
3(Source: P.A. 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; 99-385,
4eff. 1-1-16; 99-642, eff. 7-28-16; 99-697, eff. 7-29-16;
599-881, eff. 1-1-17; 100-201, eff. 8-18-17; 100-282, eff.
61-1-18; 100-284, eff. 8-24-17; 100-287, eff. 8-24-17; revised
710-13-17.)
 
8    Section 100. The Department of Veterans' Affairs Act is
9amended by changing Section 20 as follows:
 
10    (20 ILCS 2805/20)
11    (Section scheduled to be repealed on July 1, 2018)
12    Sec. 20. Illinois Discharged Servicemember Task Force. The
13Illinois Discharged Servicemember Task Force is hereby created
14within the Department of Veterans' Affairs. The Task Force
15shall investigate the re-entry process for service members who
16return to civilian life after being engaged in an active
17theater. The investigation shall include the effects of
18post-traumatic stress disorder, homelessness, disabilities,
19and other issues the Task Force finds relevant to the re-entry
20process. For fiscal year 2012, the Task Force shall include the
21availability of prosthetics in its investigation. For fiscal
22year 2014, the Task Force shall include the needs of women
23veterans with respect to issues including, but not limited to,
24compensation, rehabilitation, outreach, health care, and

 

 

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1issues facing women veterans in the community, and to offer
2recommendations on how best to alleviate these needs which
3shall be included in the Task Force Annual Report for 2014. The
4Task Force shall include the following members:
5        (a) a representative of the Department of Veterans'
6    Affairs, who shall chair the committee;
7        (b) a representative from the Department of Military
8    Affairs;
9        (c) a representative from the Office of the Illinois
10    Attorney General;
11        (d) a member of the General Assembly appointed by the
12    Speaker of the House;
13        (e) a member of the General Assembly appointed by the
14    House Minority Leader;
15        (f) a member of the General Assembly appointed by the
16    President of the Senate;
17        (g) a member of the General Assembly appointed by the
18    Senate Minority Leader;
19        (h) 4 members chosen by the Department of Veterans'
20    Affairs, who shall represent statewide veterans'
21    organizations or veterans' homeless shelters;
22        (i) one member appointed by the Lieutenant Governor;
23    and
24        (j) a representative of the United States Department of
25    Veterans Affairs shall be invited to participate.
26Vacancies in the Task Force shall be filled by the initial

 

 

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1appointing authority. Task Force members shall serve without
2compensation, but may be reimbursed for necessary expenses
3incurred in performing duties associated with the Task Force.
4    By July 1, 2008 and by July 1 of each year thereafter
5through July 1, 2017, the Task Force shall present an annual
6report of its findings to the Governor, the Attorney General,
7the Director of Veterans' Affairs, the Lieutenant Governor, and
8the Secretary of the United States Department of Veterans
9Affairs. As soon as is practicable after the Task Force
10presents its final report due by July 1, 2017, any information
11collected by the Task Force in carrying out its duties under
12this Section shall be transferred to the Illinois Veterans'
13Advisory Council.
14    The Task Force is dissolved, and this Section is repealed,
15on July 1, 2018. Veterans'
16(Source: P.A. 100-10, eff. 6-30-17; 100-143, eff. 1-1-18;
17100-201, eff. 8-18-17; revised 9-28-17.)
 
18    Section 105. The Illinois Emergency Management Agency Act
19is amended by changing Sections 5 and 7 as follows:
 
20    (20 ILCS 3305/5)  (from Ch. 127, par. 1055)
21    Sec. 5. Illinois Emergency Management Agency.
22    (a) There is created within the executive branch of the
23State Government an Illinois Emergency Management Agency and a
24Director of the Illinois Emergency Management Agency, herein

 

 

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1called the "Director" who shall be the head thereof. The
2Director shall be appointed by the Governor, with the advice
3and consent of the Senate, and shall serve for a term of 2
4years beginning on the third Monday in January of the
5odd-numbered year, and until a successor is appointed and has
6qualified; except that the term of the first Director appointed
7under this Act shall expire on the third Monday in January,
81989. The Director shall not hold any other remunerative public
9office. The Director shall receive an annual salary as set by
10the Compensation Review Board.
11    (b) The Illinois Emergency Management Agency shall obtain,
12under the provisions of the Personnel Code, technical,
13clerical, stenographic and other administrative personnel, and
14may make expenditures within the appropriation therefor as may
15be necessary to carry out the purpose of this Act. The agency
16created by this Act is intended to be a successor to the agency
17created under the Illinois Emergency Services and Disaster
18Agency Act of 1975 and the personnel, equipment, records, and
19appropriations of that agency are transferred to the successor
20agency as of June 30, 1988 (the effective date of this Act).
21    (c) The Director, subject to the direction and control of
22the Governor, shall be the executive head of the Illinois
23Emergency Management Agency and the State Emergency Response
24Commission and shall be responsible under the direction of the
25Governor, for carrying out the program for emergency management
26of this State. The Director shall also maintain liaison and

 

 

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1cooperate with the emergency management organizations of this
2State and other states and of the federal government.
3    (d) The Illinois Emergency Management Agency shall take an
4integral part in the development and revision of political
5subdivision emergency operations plans prepared under
6paragraph (f) of Section 10. To this end it shall employ or
7otherwise secure the services of professional and technical
8personnel capable of providing expert assistance to the
9emergency services and disaster agencies. These personnel
10shall consult with emergency services and disaster agencies on
11a regular basis and shall make field examinations of the areas,
12circumstances, and conditions that particular political
13subdivision emergency operations plans are intended to apply.
14    (e) The Illinois Emergency Management Agency and political
15subdivisions shall be encouraged to form an emergency
16management advisory committee composed of private and public
17personnel representing the emergency management phases of
18mitigation, preparedness, response, and recovery. The Local
19Emergency Planning Committee, as created under the Illinois
20Emergency Planning and Community Right to Know Act, shall serve
21as an advisory committee to the emergency services and disaster
22agency or agencies serving within the boundaries of that Local
23Emergency Planning Committee planning district for:
24        (1) the development of emergency operations plan
25    provisions for hazardous chemical emergencies; and
26        (2) the assessment of emergency response capabilities

 

 

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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) Develop a comprehensive emergency preparedness
11    and response plan for any nuclear accident in accordance
12    with Section 65 of the Department of Nuclear Safety Law of
13    2004 (20 ILCS 3310) and in development of the Illinois
14    Nuclear Safety Preparedness program in accordance with
15    Section 8 of the Illinois Nuclear Safety Preparedness Act.
16        (2.6) Coordinate with the Department of Public Health
17    with respect to planning for and responding to public
18    health emergencies.
19        (3) Prepare, for issuance by the Governor, executive
20    orders, proclamations, and regulations as necessary or
21    appropriate in coping with disasters.
22        (4) Promulgate rules and requirements for political
23    subdivision emergency operations plans that are not
24    inconsistent with and are at least as stringent as
25    applicable federal laws and regulations.
26        (5) Review and approve, in accordance with Illinois

 

 

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1    Emergency Management Agency rules, emergency operations
2    plans for those political subdivisions required to have an
3    emergency services and disaster agency pursuant to this
4    Act.
5        (5.5) Promulgate rules and requirements for the
6    political subdivision emergency management exercises,
7    including, but not limited to, exercises of the emergency
8    operations plans.
9        (5.10) Review, evaluate, and approve, in accordance
10    with Illinois Emergency Management Agency rules, political
11    subdivision emergency management exercises for those
12    political subdivisions required to have an emergency
13    services and disaster agency pursuant to this Act.
14        (6) Determine requirements of the State and its
15    political subdivisions for food, clothing, and other
16    necessities in event of a disaster.
17        (7) Establish a register of persons with types of
18    emergency management training and skills in mitigation,
19    preparedness, response, and recovery.
20        (8) Establish a register of government and private
21    response resources available for use in a disaster.
22        (9) Expand the Earthquake Awareness Program and its
23    efforts to distribute earthquake preparedness materials to
24    schools, political subdivisions, community groups, civic
25    organizations, and the media. Emphasis will be placed on
26    those areas of the State most at risk from an earthquake.

 

 

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1    Maintain the list of all school districts, hospitals,
2    airports, power plants, including nuclear power plants,
3    lakes, dams, emergency response facilities of all types,
4    and all other major public or private structures which are
5    at the greatest risk of damage from earthquakes under
6    circumstances where the damage would cause subsequent harm
7    to the surrounding communities and residents.
8        (10) Disseminate all information, completely and
9    without delay, on water levels for rivers and streams and
10    any other data pertaining to potential flooding supplied by
11    the Division of Water Resources within the Department of
12    Natural Resources to all political subdivisions to the
13    maximum extent possible.
14        (11) Develop agreements, if feasible, with medical
15    supply and equipment firms to supply resources as are
16    necessary to respond to an earthquake or any other disaster
17    as defined in this Act. These resources will be made
18    available upon notifying the vendor of the disaster.
19    Payment for the resources will be in accordance with
20    Section 7 of this Act. The Illinois Department of Public
21    Health shall determine which resources will be required and
22    requested.
23        (11.5) In coordination with the Department of State
24    Police, develop and implement a community outreach program
25    to promote awareness among the State's parents and children
26    of child abduction prevention and response.

 

 

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1        (12) Out of funds appropriated for these purposes,
2    award capital and non-capital grants to Illinois hospitals
3    or health care facilities located outside of a city with a
4    population in excess of 1,000,000 to be used for purposes
5    that include, but are not limited to, preparing to respond
6    to mass casualties and disasters, maintaining and
7    improving patient safety and quality of care, and
8    protecting the confidentiality of patient information. No
9    single grant for a capital expenditure shall exceed
10    $300,000. No single grant for a non-capital expenditure
11    shall exceed $100,000. In awarding such grants, preference
12    shall be given to hospitals that serve a significant number
13    of Medicaid recipients, but do not qualify for
14    disproportionate share hospital adjustment payments under
15    the Illinois Public Aid Code. To receive such a grant, a
16    hospital or health care facility must provide funding of at
17    least 50% of the cost of the project for which the grant is
18    being requested. In awarding such grants the Illinois
19    Emergency Management Agency shall consider the
20    recommendations of the Illinois Hospital Association.
21        (13) Do all other things necessary, incidental or
22    appropriate for the implementation of this Act.
23    (g) The Illinois Emergency Management Agency is authorized
24to make grants to various higher education institutions, public
25K-12 school districts, area vocational centers as designated by
26the State Board of Education, inter-district special education

 

 

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1cooperatives, regional safe schools, and nonpublic K-12
2schools for safety and security improvements. For the purpose
3of this subsection (g), "higher education institution" means a
4public university, a public community college, or an
5independent, not-for-profit or for-profit higher education
6institution located in this State. Grants made under this
7subsection (g) shall be paid out of moneys appropriated for
8that purpose from the Build Illinois Bond Fund. The Illinois
9Emergency Management Agency shall adopt rules to implement this
10subsection (g). These rules may specify: (i) the manner of
11applying for grants; (ii) project eligibility requirements;
12(iii) restrictions on the use of grant moneys; (iv) the manner
13in which the various higher education institutions must account
14for the use of grant moneys; and (v) any other provision that
15the Illinois Emergency Management Agency determines to be
16necessary or useful for the administration of this subsection
17(g).
18    (g-5) The Illinois Emergency Management Agency is
19authorized to make grants to not-for-profit organizations
20which are exempt from federal income taxation under section
21501(c)(3) of the Federal Internal Revenue Code for eligible
22security improvements that assist the organization in
23preventing, preparing for, or responding to acts of terrorism.
24The Director shall establish procedures and forms by which
25applicants may apply for a grant, and procedures for
26distributing grants to recipients. The procedures shall

 

 

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1require each applicant to do the following:
2        (1) identify and substantiate prior threats or attacks
3    by a terrorist organization, network, or cell against the
4    not-for-profit organization;
5        (2) indicate the symbolic or strategic value of one or
6    more sites that renders the site a possible target of
7    terrorism;
8        (3) discuss potential consequences to the organization
9    if the site is damaged, destroyed, or disrupted by a
10    terrorist act;
11        (4) describe how the grant will be used to integrate
12    organizational preparedness with broader State and local
13    preparedness efforts;
14        (5) submit a vulnerability assessment conducted by
15    experienced security, law enforcement, or military
16    personnel, and a description of how the grant award will be
17    used to address the vulnerabilities identified in the
18    assessment; and
19        (6) submit any other relevant information as may be
20    required by the Director.
21    The Agency is authorized to use funds appropriated for the
22grant program described in this subsection (g-5) to administer
23the program.
24    (h) Except as provided in Section 17.5 of this Act, any
25moneys received by the Agency from donations or sponsorships
26shall be deposited in the Emergency Planning and Training Fund

 

 

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1and used by the Agency, subject to appropriation, to effectuate
2planning and training activities.
3    (i) The Illinois Emergency Management Agency may by rule
4assess and collect reasonable fees for attendance at
5Agency-sponsored conferences to enable the Agency to carry out
6the requirements of this Act. Any moneys received under this
7subsection shall be deposited in the Emergency Planning and
8Training Fund and used by the Agency, subject to appropriation,
9for planning and training activities.
10(Source: P.A. 100-444, eff. 1-1-18; 100-508, eff. 9-15-17;
11revised 9-28-17.)
 
12    (20 ILCS 3305/7)  (from Ch. 127, par. 1057)
13    Sec. 7. Emergency Powers of the Governor. (a) In the event
14of a disaster, as defined in Section 4, the Governor may, by
15proclamation declare that a disaster exists. Upon such
16proclamation, the Governor shall have and may exercise for a
17period not to exceed 30 days the following emergency powers;
18provided, however, that the lapse of the emergency powers shall
19not, as regards any act or acts occurring or committed within
20the 30-day 30 days period, deprive any person, firm,
21corporation, political subdivision, or body politic of any
22right or rights to compensation or reimbursement which he, she,
23it, or they may have under the provisions of this Act:
24        (1) To suspend the provisions of any regulatory statute
25    prescribing procedures for conduct of State business, or

 

 

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1    the orders, rules and regulations of any State agency, if
2    strict compliance with the provisions of any statute,
3    order, rule, or regulation would in any way prevent, hinder
4    or delay necessary action, including emergency purchases,
5    by the Illinois Emergency Management Agency, in coping with
6    the disaster.
7        (2) To utilize all available resources of the State
8    government as reasonably necessary to cope with the
9    disaster and of each political subdivision of the State.
10        (3) To transfer the direction, personnel or functions
11    of State departments and agencies or units thereof for the
12    purpose of performing or facilitating disaster response
13    and recovery programs.
14        (4) On behalf of this State to take possession of, and
15    to acquire full title or a lesser specified interest in,
16    any personal property as may be necessary to accomplish the
17    objectives set forth in Section 2 of this Act, including:
18    airplanes, automobiles, trucks, trailers, buses, and other
19    vehicles; coal, oils, gasoline, and other fuels and means
20    of propulsion; explosives, materials, equipment, and
21    supplies; animals and livestock; feed and seed; food and
22    provisions for humans and animals; clothing and bedding;
23    and medicines and medical and surgical supplies; and to
24    take possession of and for a limited period occupy and use
25    any real estate necessary to accomplish those objectives;
26    but only upon the undertaking by the State to pay just

 

 

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1    compensation therefor as in this Act provided, and then
2    only under the following provisions:
3            a. The Governor, or the person or persons as the
4        Governor may authorize so to do, may forthwith take
5        possession of property for and on behalf of the State;
6        provided, however, that the Governor or persons shall
7        simultaneously with the taking, deliver to the owner or
8        his or her agent, if the identity of the owner or
9        agency is known or readily ascertainable, a signed
10        statement in writing, that shall include the name and
11        address of the owner, the date and place of the taking,
12        description of the property sufficient to identify it,
13        a statement of interest in the property that is being
14        so taken, and, if possible, a statement in writing,
15        signed by the owner, setting forth the sum that he or
16        she is willing to accept as just compensation for the
17        property or use. Whether or not the owner or agent is
18        known or readily ascertainable, a true copy of the
19        statement shall promptly be filed by the Governor or
20        the person with the Director, who shall keep the docket
21        of the statements. In cases where the sum that the
22        owner is willing to accept as just compensation is less
23        than $1,000, copies of the statements shall also be
24        filed by the Director with, and shall be passed upon by
25        an Emergency Management Claims Commission, consisting
26        of 3 disinterested citizens who shall be appointed by

 

 

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1        the Governor, by and with the advice and consent of the
2        Senate, within 20 days after the Governor's
3        declaration of a disaster, and if the sum fixed by them
4        as just compensation be less than $1,000 and is
5        accepted in writing by the owner, then the State
6        Treasurer out of funds appropriated for these
7        purposes, shall, upon certification thereof by the
8        Emergency Management Claims Commission, cause the sum
9        so certified forthwith to be paid to the owner. The
10        Emergency Management Claims Commission is hereby given
11        the power to issue appropriate subpoenas and to
12        administer oaths to witnesses and shall keep
13        appropriate minutes and other records of its actions
14        upon and the disposition made of all claims.
15            b. When the compensation to be paid for the taking
16        or use of property or interest therein is not or cannot
17        be determined and paid under item a of this paragraph
18        (4) (a) above, a petition in the name of The People of
19        the State of Illinois shall be promptly filed by the
20        Director, which filing may be enforced by mandamus, in
21        the circuit court of the county where the property or
22        any part thereof was located when initially taken or
23        used under the provisions of this Act praying that the
24        amount of compensation to be paid to the person or
25        persons interested therein be fixed and determined.
26        The petition shall include a description of the

 

 

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1        property that has been taken, shall state the physical
2        condition of the property when taken, shall name as
3        defendants all interested parties, shall set forth the
4        sum of money estimated to be just compensation for the
5        property or interest therein taken or used, and shall
6        be signed by the Director. The litigation shall be
7        handled by the Attorney General for and on behalf of
8        the State.
9            c. Just compensation for the taking or use of
10        property or interest therein shall be promptly
11        ascertained in proceedings and established by judgment
12        against the State, that shall include, as part of the
13        just compensation so awarded, interest at the rate of
14        6% per annum on the fair market value of the property
15        or interest therein from the date of the taking or use
16        to the date of the judgment; and the court may order
17        the payment of delinquent taxes and special
18        assessments out of the amount so awarded as just
19        compensation and may make any other orders with respect
20        to encumbrances, rents, insurance, and other charges,
21        if any, as shall be just and equitable.
22        (5) When required by the exigencies of the disaster, to
23    sell, lend, rent, give, or distribute all or any part of
24    property so or otherwise acquired to the inhabitants of
25    this State, or to political subdivisions of this State, or,
26    under the interstate mutual aid agreements or compacts as

 

 

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1    are entered into under the provisions of subparagraph (5)
2    of paragraph (c) of Section 6 to other states, and to
3    account for and transmit to the State Treasurer all funds,
4    if any, received therefor.
5        (6) To recommend the evacuation of all or part of the
6    population from any stricken or threatened area within the
7    State if the Governor deems this action necessary.
8        (7) To prescribe routes, modes of transportation, and
9    destinations in connection with evacuation.
10        (8) To control ingress and egress to and from a
11    disaster area, the movement of persons within the area, and
12    the occupancy of premises therein.
13        (9) To suspend or limit the sale, dispensing, or
14    transportation of alcoholic beverages, firearms,
15    explosives, and combustibles.
16        (10) To make provision for the availability and use of
17    temporary emergency housing.
18        (11) A proclamation of a disaster shall activate the
19    State Emergency Operations Plan, and political subdivision
20    emergency operations plans applicable to the political
21    subdivision or area in question and be authority for the
22    deployment and use of any forces that the plan or plans
23    apply and for use or distribution of any supplies,
24    equipment, and materials and facilities assembled,
25    stockpiled or arranged to be made available under this Act
26    or any other provision of law relating to disasters.

 

 

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1        (12) Control, restrict, and regulate by rationing,
2    freezing, use of quotas, prohibitions on shipments, price
3    fixing, allocation or other means, the use, sale or
4    distribution of food, feed, fuel, clothing and other
5    commodities, materials, goods, or services; and perform
6    and exercise any other functions, powers, and duties as may
7    be necessary to promote and secure the safety and
8    protection of the civilian population.
9        (13) During the continuance of any disaster the
10    Governor is commander-in-chief of the organized and
11    unorganized militia and of all other forces available for
12    emergency duty. To the greatest extent practicable, the
13    Governor shall delegate or assign command authority to do
14    so by orders issued at the time of the disaster.
15        (14) Prohibit increases in the prices of goods and
16    services during a disaster.
17(Source: P.A. 92-73, eff. 1-1-02; revised 9-28-17.)
 
18    Section 110. The State Historical Library Act is amended by
19changing Section 5.1 as follows:
 
20    (20 ILCS 3425/5.1)  (from Ch. 128, par. 16.1)
21    Sec. 5.1. The State Historian shall establish and supervise
22a program within the Abraham Lincoln Presidential Library and
23Museum designed to preserve as historical records selected past
24editions of newspapers of this State. Such editions shall be

 

 

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1preserved in accordance with industry standards and shall be
2stored in a place provided by the Abraham Lincoln Presidential
3Library and Museum and other materials shall be stored in a
4place provided by the Abraham Lincoln Presidential Library and
5Museum.
6    The State Historian shall determine on the basis of
7historical value the various newspaper edition files which
8shall be preserved preservation. The State Historian or his or
9her designee shall supervise the making of arrangements for
10acquiring access to past edition files with the editors or
11publishers of the various newspapers.
12    Upon payment to the Abraham Lincoln Presidential Library
13and Museum of the required fee, any person or organization
14shall be granted access to the preserved editions of edition
15newspapers and all records. The fee required shall be
16determined by the State Historian and shall be equal in amount
17to the cost incurred by the Abraham Lincoln Presidential
18Library and Museum in granting such access.
19(Source: P.A. 100-120, eff. 8-18-17; 100-164, eff. 8-18-17;
20revised 9-28-17.)
 
21    Section 115. The Old State Capitol Act is amended by
22changing Section 1 as follows:
 
23    (20 ILCS 3430/1)  (from Ch. 123, par. 52)
24    Sec. 1. As used in this Act: ,

 

 

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1    (a) "Old State Capitol Complex" means the Old State Capitol
2reconstructed under the "1961 Act" in Springfield and includes
3space also occupied by the Abraham Lincoln Presidential Library
4and Museum and an underground parking garage. ;
5    (b) "1961 Act" means "An Act providing for the
6reconstruction and restoration of the old State Capitol at
7Springfield and providing for the custody thereof", approved
8August 24, 1961, as amended. ;
9    (c) "Board of Trustees" means the Board of Trustees of the
10Historic Preservation Agency.
11(Source: P.A. 100-120, eff. 8-18-17; revised 9-28-17.)
 
12    Section 120. The Abraham Lincoln Presidential Library and
13Museum Act is amended by changing Section 20 as follows:
 
14    (20 ILCS 3475/20)
15    Sec. 20. Composition of the Board. The Board of Trustees
16shall consist of 11 members to be appointed by the Governor,
17with the advice and consent of the Senate. The Board shall
18consist of members with the following qualifications:
19        (1) One member shall have recognized knowledge and
20    ability in matters related to business administration.
21        (2) One member shall have recognized knowledge and
22    ability in matters related to the history of Abraham
23    Lincoln.
24        (3) One member shall have recognized knowledge and

 

 

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1    ability in matters related to the history of Illinois.
2        (4) One member shall have recognized knowledge and
3    ability in matters related to library and museum studies.
4        (5) One member shall have recognized knowledge and
5    ability in matters related to historic preservation.
6        (6) One member shall have recognized knowledge and
7    ability in matters related to cultural tourism.
8        (7) One member shall have recognized knowledge and
9    ability in matters related to conservation, digitization,
10    and technological innovation.
11    The initial terms of office shall be designated by the
12Governor as follows: one member to serve for a term of one
13year, 2 members to serve for a term of 2 years, 2 members to
14serve for a term of 3 years, 2 members to serve for a term of 4
15years, 2 members to serve for a term of 5 years, and 2 members
16to serve for a term of 6 years. Thereafter, all appointments
17shall be for a term of 6 years. The Governor shall appoint one
18of the members to serve as chairperson at the pleasure of the
19Governor.
20    The members of the Board shall serve without compensation
21but shall be entitled to reimbursement for all necessary
22expenses incurred in the performance of their official duties
23as members of the Board from funds appropriated for that
24purpose.
25    To facilitate communication and cooperation between the
26Agency and the Abraham Lincoln Presidential Library

 

 

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1Foundation, the Foundation CEO shall serve as a non-voting, ex
2officio ex-officio member of the Board.
3(Source: P.A. 100-120, eff. 8-18-17; revised 9-28-17.)
 
4    Section 125. The Illinois Power Agency Act is amended by
5changing Sections 1-60 and 1-75 as follows:
 
6    (20 ILCS 3855/1-60)
7    Sec. 1-60. Moneys made available by private or public
8entities. (a) The Agency may apply for, receive, expend,
9allocate, or disburse funds and moneys made available by public
10or private entities, including, but not limited to, contracts,
11private or public financial gifts, bequests, grants, or
12donations from individuals, corporations, foundations, or
13public or private institutions of higher learning. All funds
14received by the Agency from these sources shall be deposited:
15        (1) into the Illinois Power Agency Operations Fund, if
16    for general Agency operations, to be held by the State
17    Treasurer as ex officio custodian, and subject to the
18    Comptroller-Treasurer, voucher-warrant system; or
19        (2) into the Illinois Power Agency Facilities Fund, if
20    for costs incurred in connection with the development and
21    construction of a facility by the Agency, to be held by the
22    State Treasurer as ex officio custodian, and subject to the
23    Comptroller-Treasurer, voucher-warrant system.
24    Any funds received, expended, allocated, or disbursed

 

 

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1shall be expended by the Agency for the purposes as indicated
2by the grantor, donor, or, in the case of funds or moneys given
3or donated for no specific purposes, for any purpose deemed
4appropriate by the Director in administering the
5responsibilities of the Agency as set forth in this Act.
6(Source: P.A. 95-481, eff. 8-28-07; revised 9-25-17.)
 
7    (20 ILCS 3855/1-75)
8    Sec. 1-75. Planning and Procurement Bureau. The Planning
9and Procurement Bureau has the following duties and
10responsibilities:
11    (a) The Planning and Procurement Bureau shall each year,
12beginning in 2008, develop procurement plans and conduct
13competitive procurement processes in accordance with the
14requirements of Section 16-111.5 of the Public Utilities Act
15for the eligible retail customers of electric utilities that on
16December 31, 2005 provided electric service to at least 100,000
17customers in Illinois. Beginning with the delivery year
18commencing on June 1, 2017, the Planning and Procurement Bureau
19shall develop plans and processes for the procurement of zero
20emission credits from zero emission facilities in accordance
21with the requirements of subsection (d-5) of this Section. The
22Planning and Procurement Bureau shall also develop procurement
23plans and conduct competitive procurement processes in
24accordance with the requirements of Section 16-111.5 of the
25Public Utilities Act for the eligible retail customers of small

 

 

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1multi-jurisdictional electric utilities that (i) on December
231, 2005 served less than 100,000 customers in Illinois and
3(ii) request a procurement plan for their Illinois
4jurisdictional load. This Section shall not apply to a small
5multi-jurisdictional utility until such time as a small
6multi-jurisdictional utility requests the Agency to prepare a
7procurement plan for their Illinois jurisdictional load. For
8the purposes of this Section, the term "eligible retail
9customers" has the same definition as found in Section
1016-111.5(a) of the Public Utilities Act.
11    Beginning with the plan or plans to be implemented in the
122017 delivery year, the Agency shall no longer include the
13procurement of renewable energy resources in the annual
14procurement plans required by this subsection (a), except as
15provided in subsection (q) of Section 16-111.5 of the Public
16Utilities Act, and shall instead develop a long-term renewable
17resources procurement plan in accordance with subsection (c) of
18this Section and Section 16-111.5 of the Public Utilities Act.
19        (1) The Agency shall each year, beginning in 2008, as
20    needed, issue a request for qualifications for experts or
21    expert consulting firms to develop the procurement plans in
22    accordance with Section 16-111.5 of the Public Utilities
23    Act. In order to qualify an expert or expert consulting
24    firm must have:
25            (A) direct previous experience assembling
26        large-scale power supply plans or portfolios for

 

 

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1        end-use customers;
2            (B) an advanced degree in economics, mathematics,
3        engineering, risk management, or a related area of
4        study;
5            (C) 10 years of experience in the electricity
6        sector, including managing supply risk;
7            (D) expertise in wholesale electricity market
8        rules, including those established by the Federal
9        Energy Regulatory Commission and regional transmission
10        organizations;
11            (E) expertise in credit protocols and familiarity
12        with contract protocols;
13            (F) adequate resources to perform and fulfill the
14        required functions and responsibilities; and
15            (G) the absence of a conflict of interest and
16        inappropriate bias for or against potential bidders or
17        the affected electric utilities.
18        (2) The Agency shall each year, as needed, issue a
19    request for qualifications for a procurement administrator
20    to conduct the competitive procurement processes in
21    accordance with Section 16-111.5 of the Public Utilities
22    Act. In order to qualify an expert or expert consulting
23    firm must have:
24            (A) direct previous experience administering a
25        large-scale competitive procurement process;
26            (B) an advanced degree in economics, mathematics,

 

 

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1        engineering, or a related area of study;
2            (C) 10 years of experience in the electricity
3        sector, including risk management experience;
4            (D) expertise in wholesale electricity market
5        rules, including those established by the Federal
6        Energy Regulatory Commission and regional transmission
7        organizations;
8            (E) expertise in credit and contract protocols;
9            (F) adequate resources to perform and fulfill the
10        required functions and responsibilities; and
11            (G) the absence of a conflict of interest and
12        inappropriate bias for or against potential bidders or
13        the affected electric utilities.
14        (3) The Agency shall provide affected utilities and
15    other interested parties with the lists of qualified
16    experts or expert consulting firms identified through the
17    request for qualifications processes that are under
18    consideration to develop the procurement plans and to serve
19    as the procurement administrator. The Agency shall also
20    provide each qualified expert's or expert consulting
21    firm's response to the request for qualifications. All
22    information provided under this subparagraph shall also be
23    provided to the Commission. The Agency may provide by rule
24    for fees associated with supplying the information to
25    utilities and other interested parties. These parties
26    shall, within 5 business days, notify the Agency in writing

 

 

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1    if they object to any experts or expert consulting firms on
2    the lists. Objections shall be based on:
3            (A) failure to satisfy qualification criteria;
4            (B) identification of a conflict of interest; or
5            (C) evidence of inappropriate bias for or against
6        potential bidders or the affected utilities.
7        The Agency shall remove experts or expert consulting
8    firms from the lists within 10 days if there is a
9    reasonable basis for an objection and provide the updated
10    lists to the affected utilities and other interested
11    parties. If the Agency fails to remove an expert or expert
12    consulting firm from a list, an objecting party may seek
13    review by the Commission within 5 days thereafter by filing
14    a petition, and the Commission shall render a ruling on the
15    petition within 10 days. There is no right of appeal of the
16    Commission's ruling.
17        (4) The Agency shall issue requests for proposals to
18    the qualified experts or expert consulting firms to develop
19    a procurement plan for the affected utilities and to serve
20    as procurement administrator.
21        (5) The Agency shall select an expert or expert
22    consulting firm to develop procurement plans based on the
23    proposals submitted and shall award contracts of up to 5
24    years to those selected.
25        (6) The Agency shall select an expert or expert
26    consulting firm, with approval of the Commission, to serve

 

 

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1    as procurement administrator based on the proposals
2    submitted. If the Commission rejects, within 5 days, the
3    Agency's selection, the Agency shall submit another
4    recommendation within 3 days based on the proposals
5    submitted. The Agency shall award a 5-year contract to the
6    expert or expert consulting firm so selected with
7    Commission approval.
8    (b) The experts or expert consulting firms retained by the
9Agency shall, as appropriate, prepare procurement plans, and
10conduct a competitive procurement process as prescribed in
11Section 16-111.5 of the Public Utilities Act, to ensure
12adequate, reliable, affordable, efficient, and environmentally
13sustainable electric service at the lowest total cost over
14time, taking into account any benefits of price stability, for
15eligible retail customers of electric utilities that on
16December 31, 2005 provided electric service to at least 100,000
17customers in the State of Illinois, and for eligible Illinois
18retail customers of small multi-jurisdictional electric
19utilities that (i) on December 31, 2005 served less than
20100,000 customers in Illinois and (ii) request a procurement
21plan for their Illinois jurisdictional load.
22    (c) Renewable portfolio standard.
23        (1)(A) The Agency shall develop a long-term renewable
24    resources procurement plan that shall include procurement
25    programs and competitive procurement events necessary to
26    meet the goals set forth in this subsection (c). The

 

 

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1    initial long-term renewable resources procurement plan
2    shall be released for comment no later than 160 days after
3    June 1, 2017 (the effective date of Public Act 99-906) this
4    amendatory Act of the 99th General Assembly. The Agency
5    shall review, and may revise on an expedited basis, the
6    long-term renewable resources procurement plan at least
7    every 2 years, which shall be conducted in conjunction with
8    the procurement plan under Section 16-111.5 of the Public
9    Utilities Act to the extent practicable to minimize
10    administrative expense. The long-term renewable resources
11    procurement plans shall be subject to review and approval
12    by the Commission under Section 16-111.5 of the Public
13    Utilities Act.
14        (B) Subject to subparagraph (F) of this paragraph (1),
15    the long-term renewable resources procurement plan shall
16    include the goals for procurement of renewable energy
17    credits to meet at least the following overall percentages:
18    13% by the 2017 delivery year; increasing by at least 1.5%
19    each delivery year thereafter to at least 25% by the 2025
20    delivery year; and continuing at no less than 25% for each
21    delivery year thereafter. In the event of a conflict
22    between these goals and the new wind and new photovoltaic
23    procurement requirements described in items (i) through
24    (iii) of subparagraph (C) of this paragraph (1), the
25    long-term plan shall prioritize compliance with the new
26    wind and new photovoltaic procurement requirements

 

 

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1    described in items (i) through (iii) of subparagraph (C) of
2    this paragraph (1) over the annual percentage targets
3    described in this subparagraph (B).
4        For the delivery year beginning June 1, 2017, the
5    procurement plan shall include cost-effective renewable
6    energy resources equal to at least 13% of each utility's
7    load for eligible retail customers and 13% of the
8    applicable portion of each utility's load for retail
9    customers who are not eligible retail customers, which
10    applicable portion shall equal 50% of the utility's load
11    for retail customers who are not eligible retail customers
12    on February 28, 2017.
13        For the delivery year beginning June 1, 2018, the
14    procurement plan shall include cost-effective renewable
15    energy resources equal to at least 14.5% of each utility's
16    load for eligible retail customers and 14.5% of the
17    applicable portion of each utility's load for retail
18    customers who are not eligible retail customers, which
19    applicable portion shall equal 75% of the utility's load
20    for retail customers who are not eligible retail customers
21    on February 28, 2017.
22        For the delivery year beginning June 1, 2019, and for
23    each year thereafter, the procurement plans shall include
24    cost-effective renewable energy resources equal to a
25    minimum percentage of each utility's load for all retail
26    customers as follows: 16% by June 1, 2019; increasing by

 

 

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1    1.5% each year thereafter to 25% by June 1, 2025; and 25%
2    by June 1, 2026 and each year thereafter.
3        For each delivery year, the Agency shall first
4    recognize each utility's obligations for that delivery
5    year under existing contracts. Any renewable energy
6    credits under existing contracts, including renewable
7    energy credits as part of renewable energy resources, shall
8    be used to meet the goals set forth in this subsection (c)
9    for the delivery year.
10        (C) Of the renewable energy credits procured under this
11    subsection (c), at least 75% shall come from wind and
12    photovoltaic projects. The long-term renewable resources
13    procurement plan described in subparagraph (A) of this
14    paragraph (1) shall include the procurement of renewable
15    energy credits in amounts equal to at least the following:
16            (i) By the end of the 2020 delivery year:
17                At least 2,000,000 renewable energy credits
18            for each delivery year shall come from new wind
19            projects; and
20                At least 2,000,000 renewable energy credits
21            for each delivery year shall come from new
22            photovoltaic projects; of that amount, to the
23            extent possible, the Agency shall procure: at
24            least 50% from solar photovoltaic projects using
25            the program outlined in subparagraph (K) of this
26            paragraph (1) from distributed renewable energy

 

 

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1            generation devices or community renewable
2            generation projects; at least 40% from
3            utility-scale solar projects; at least 2% from
4            brownfield site photovoltaic projects that are not
5            community renewable generation projects; and the
6            remainder shall be determined through the
7            long-term planning process described in
8            subparagraph (A) of this paragraph (1).
9            (ii) By the end of the 2025 delivery year:
10                At least 3,000,000 renewable energy credits
11            for each delivery year shall come from new wind
12            projects; and
13                At least 3,000,000 renewable energy credits
14            for each delivery year shall come from new
15            photovoltaic projects; of that amount, to the
16            extent possible, the Agency shall procure: at
17            least 50% from solar photovoltaic projects using
18            the program outlined in subparagraph (K) of this
19            paragraph (1) from distributed renewable energy
20            devices or community renewable generation
21            projects; at least 40% from utility-scale solar
22            projects; at least 2% from brownfield site
23            photovoltaic projects that are not community
24            renewable generation projects; and the remainder
25            shall be determined through the long-term planning
26            process described in subparagraph (A) of this

 

 

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1            paragraph (1).
2            (iii) By the end of the 2030 delivery year:
3                At least 4,000,000 renewable energy credits
4            for each delivery year shall come from new wind
5            projects; and
6                At least 4,000,000 renewable energy credits
7            for each delivery year shall come from new
8            photovoltaic projects; of that amount, to the
9            extent possible, the Agency shall procure: at
10            least 50% from solar photovoltaic projects using
11            the program outlined in subparagraph (K) of this
12            paragraph (1) from distributed renewable energy
13            devices or community renewable generation
14            projects; at least 40% from utility-scale solar
15            projects; at least 2% from brownfield site
16            photovoltaic projects that are not community
17            renewable generation projects; and the remainder
18            shall be determined through the long-term planning
19            process described in subparagraph (A) of this
20            paragraph (1).
21            For purposes of this Section:
22                "New wind projects" means wind renewable
23            energy facilities that are energized after June 1,
24            2017 for the delivery year commencing June 1, 2017
25            or within 3 years after the date the Commission
26            approves contracts for subsequent delivery years.

 

 

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1                "New photovoltaic projects" means photovoltaic
2            renewable energy facilities that are energized
3            after June 1, 2017. Photovoltaic projects
4            developed under Section 1-56 of this Act shall not
5            apply towards the new photovoltaic project
6            requirements in this subparagraph (C).
7        (D) Renewable energy credits shall be cost effective.
8    For purposes of this subsection (c), "cost effective" means
9    that the costs of procuring renewable energy resources do
10    not cause the limit stated in subparagraph (E) of this
11    paragraph (1) to be exceeded and, for renewable energy
12    credits procured through a competitive procurement event,
13    do not exceed benchmarks based on market prices for like
14    products in the region. For purposes of this subsection
15    (c), "like products" means contracts for renewable energy
16    credits from the same or substantially similar technology,
17    same or substantially similar vintage (new or existing),
18    the same or substantially similar quantity, and the same or
19    substantially similar contract length and structure.
20    Benchmarks shall be developed by the procurement
21    administrator, in consultation with the Commission staff,
22    Agency staff, and the procurement monitor and shall be
23    subject to Commission review and approval. If price
24    benchmarks for like products in the region are not
25    available, the procurement administrator shall establish
26    price benchmarks based on publicly available data on

 

 

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1    regional technology costs and expected current and future
2    regional energy prices. The benchmarks in this Section
3    shall not be used to curtail or otherwise reduce
4    contractual obligations entered into by or through the
5    Agency prior to June 1, 2017 (the effective date of Public
6    Act 99-906) this amendatory Act of the 99th General
7    Assembly.
8        (E) For purposes of this subsection (c), the required
9    procurement of cost-effective renewable energy resources
10    for a particular year commencing prior to June 1, 2017
11    shall be measured as a percentage of the actual amount of
12    electricity (megawatt-hours) supplied by the electric
13    utility to eligible retail customers in the delivery year
14    ending immediately prior to the procurement, and, for
15    delivery years commencing on and after June 1, 2017, the
16    required procurement of cost-effective renewable energy
17    resources for a particular year shall be measured as a
18    percentage of the actual amount of electricity
19    (megawatt-hours) delivered by the electric utility in the
20    delivery year ending immediately prior to the procurement,
21    to all retail customers in its service territory. For
22    purposes of this subsection (c), the amount paid per
23    kilowatthour means the total amount paid for electric
24    service expressed on a per kilowatthour basis. For purposes
25    of this subsection (c), the total amount paid for electric
26    service includes without limitation amounts paid for

 

 

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1    supply, transmission, distribution, surcharges, and add-on
2    taxes.
3        Notwithstanding the requirements of this subsection
4    (c), the total of renewable energy resources procured under
5    the procurement plan for any single year shall be subject
6    to the limitations of this subparagraph (E). Such
7    procurement shall be reduced for all retail customers based
8    on the amount necessary to limit the annual estimated
9    average net increase due to the costs of these resources
10    included in the amounts paid by eligible retail customers
11    in connection with electric service to no more than the
12    greater of 2.015% of the amount paid per kilowatthour by
13    those customers during the year ending May 31, 2007 or the
14    incremental amount per kilowatthour paid for these
15    resources in 2011. To arrive at a maximum dollar amount of
16    renewable energy resources to be procured for the
17    particular delivery year, the resulting per kilowatthour
18    amount shall be applied to the actual amount of
19    kilowatthours of electricity delivered, or applicable
20    portion of such amount as specified in paragraph (1) of
21    this subsection (c), as applicable, by the electric utility
22    in the delivery year immediately prior to the procurement
23    to all retail customers in its service territory. The
24    calculations required by this subparagraph (E) shall be
25    made only once for each delivery year at the time that the
26    renewable energy resources are procured. Once the

 

 

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1    determination as to the amount of renewable energy
2    resources to procure is made based on the calculations set
3    forth in this subparagraph (E) and the contracts procuring
4    those amounts are executed, no subsequent rate impact
5    determinations shall be made and no adjustments to those
6    contract amounts shall be allowed. All costs incurred under
7    such contracts shall be fully recoverable by the electric
8    utility as provided in this Section.
9        (F) If the limitation on the amount of renewable energy
10    resources procured in subparagraph (E) of this paragraph
11    (1) prevents the Agency from meeting all of the goals in
12    this subsection (c), the Agency's long-term plan shall
13    prioritize compliance with the requirements of this
14    subsection (c) regarding renewable energy credits in the
15    following order:
16            (i) renewable energy credits under existing
17        contractual obligations;
18            (i-5) funding for the Illinois Solar for All
19        Program, as described in subparagraph (O) of this
20        paragraph (1);
21            (ii) renewable energy credits necessary to comply
22        with the new wind and new photovoltaic procurement
23        requirements described in items (i) through (iii) of
24        subparagraph (C) of this paragraph (1); and
25            (iii) renewable energy credits necessary to meet
26        the remaining requirements of this subsection (c).

 

 

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1        (G) The following provisions shall apply to the
2    Agency's procurement of renewable energy credits under
3    this subsection (c):
4            (i) Notwithstanding whether a long-term renewable
5        resources procurement plan has been approved, the
6        Agency shall conduct an initial forward procurement
7        for renewable energy credits from new utility-scale
8        wind projects within 160 days after June 1, 2017 (the
9        effective date of Public Act 99-906) this amendatory
10        Act of the 99th General Assembly. For the purposes of
11        this initial forward procurement, the Agency shall
12        solicit 15-year contracts for delivery of 1,000,000
13        renewable energy credits delivered annually from new
14        utility-scale wind projects to begin delivery on June
15        1, 2019, if available, but not later than June 1, 2021.
16        Payments to suppliers of renewable energy credits
17        shall commence upon delivery. Renewable energy credits
18        procured under this initial procurement shall be
19        included in the Agency's long-term plan and shall apply
20        to all renewable energy goals in this subsection (c).
21            (ii) Notwithstanding whether a long-term renewable
22        resources procurement plan has been approved, the
23        Agency shall conduct an initial forward procurement
24        for renewable energy credits from new utility-scale
25        solar projects and brownfield site photovoltaic
26        projects within one year after June 1, 2017 (the

 

 

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1        effective date of Public Act 99-906) this amendatory
2        Act of the 99th General Assembly. For the purposes of
3        this initial forward procurement, the Agency shall
4        solicit 15-year contracts for delivery of 1,000,000
5        renewable energy credits delivered annually from new
6        utility-scale solar projects and brownfield site
7        photovoltaic projects to begin delivery on June 1,
8        2019, if available, but not later than June 1, 2021.
9        The Agency may structure this initial procurement in
10        one or more discrete procurement events. Payments to
11        suppliers of renewable energy credits shall commence
12        upon delivery. Renewable energy credits procured under
13        this initial procurement shall be included in the
14        Agency's long-term plan and shall apply to all
15        renewable energy goals in this subsection (c).
16            (iii) Subsequent forward procurements for
17        utility-scale wind projects shall solicit at least
18        1,000,000 renewable energy credits delivered annually
19        per procurement event and shall be planned, scheduled,
20        and designed such that the cumulative amount of
21        renewable energy credits delivered from all new wind
22        projects in each delivery year shall not exceed the
23        Agency's projection of the cumulative amount of
24        renewable energy credits that will be delivered from
25        all new photovoltaic projects, including utility-scale
26        and distributed photovoltaic devices, in the same

 

 

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1        delivery year at the time scheduled for wind contract
2        delivery.
3            (iv) If, at any time after the time set for
4        delivery of renewable energy credits pursuant to the
5        initial procurements in items (i) and (ii) of this
6        subparagraph (G), the cumulative amount of renewable
7        energy credits projected to be delivered from all new
8        wind projects in a given delivery year exceeds the
9        cumulative amount of renewable energy credits
10        projected to be delivered from all new photovoltaic
11        projects in that delivery year by 200,000 or more
12        renewable energy credits, then the Agency shall within
13        60 days adjust the procurement programs in the
14        long-term renewable resources procurement plan to
15        ensure that the projected cumulative amount of
16        renewable energy credits to be delivered from all new
17        wind projects does not exceed the projected cumulative
18        amount of renewable energy credits to be delivered from
19        all new photovoltaic projects by 200,000 or more
20        renewable energy credits, provided that nothing in
21        this Section shall preclude the projected cumulative
22        amount of renewable energy credits to be delivered from
23        all new photovoltaic projects from exceeding the
24        projected cumulative amount of renewable energy
25        credits to be delivered from all new wind projects in
26        each delivery year and provided further that nothing in

 

 

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1        this item (iv) shall require the curtailment of an
2        executed contract. The Agency shall update, on a
3        quarterly basis, its projection of the renewable
4        energy credits to be delivered from all projects in
5        each delivery year. Notwithstanding anything to the
6        contrary, the Agency may adjust the timing of
7        procurement events conducted under this subparagraph
8        (G). The long-term renewable resources procurement
9        plan shall set forth the process by which the
10        adjustments may be made.
11            (v) All procurements under this subparagraph (G)
12        shall comply with the geographic requirements in
13        subparagraph (I) of this paragraph (1) and shall follow
14        the procurement processes and procedures described in
15        this Section and Section 16-111.5 of the Public
16        Utilities Act to the extent practicable, and these
17        processes and procedures may be expedited to
18        accommodate the schedule established by this
19        subparagraph (G).
20        (H) The procurement of renewable energy resources for a
21    given delivery year shall be reduced as described in this
22    subparagraph (H) if an alternative alternate retail
23    electric supplier meets the requirements described in this
24    subparagraph (H).
25            (i) Within 45 days after June 1, 2017 (the
26        effective date of Public Act 99-906) this amendatory

 

 

HB5447 Enrolled- 235 -LRB100 16294 AMC 31417 b

1        Act of the 99th General Assembly, an alternative retail
2        electric supplier or its successor shall submit an
3        informational filing to the Illinois Commerce
4        Commission certifying that, as of December 31, 2015,
5        the alternative retail electric supplier owned one or
6        more electric generating facilities that generates
7        renewable energy resources as defined in Section 1-10
8        of this Act, provided that such facilities are not
9        powered by wind or photovoltaics, and the facilities
10        generate one renewable energy credit for each
11        megawatthour of energy produced from the facility.
12            The informational filing shall identify each
13        facility that was eligible to satisfy the alternative
14        retail electric supplier's obligations under Section
15        16-115D of the Public Utilities Act as described in
16        this item (i).
17            (ii) For a given delivery year, the alternative
18        retail electric supplier may elect to supply its retail
19        customers with renewable energy credits from the
20        facility or facilities described in item (i) of this
21        subparagraph (H) that continue to be owned by the
22        alternative retail electric supplier.
23            (iii) The alternative retail electric supplier
24        shall notify the Agency and the applicable utility, no
25        later than February 28 of the year preceding the
26        applicable delivery year or 15 days after June 1, 2017

 

 

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1        (the effective date of Public Act 99-906) this
2        amendatory Act of the 99th General Assembly, whichever
3        is later, of its election under item (ii) of this
4        subparagraph (H) to supply renewable energy credits to
5        retail customers of the utility. Such election shall
6        identify the amount of renewable energy credits to be
7        supplied by the alternative retail electric supplier
8        to the utility's retail customers and the source of the
9        renewable energy credits identified in the
10        informational filing as described in item (i) of this
11        subparagraph (H), subject to the following
12        limitations:
13                For the delivery year beginning June 1, 2018,
14            the maximum amount of renewable energy credits to
15            be supplied by an alternative retail electric
16            supplier under this subparagraph (H) shall be 68%
17            multiplied by 25% multiplied by 14.5% multiplied
18            by the amount of metered electricity
19            (megawatt-hours) delivered by the alternative
20            retail electric supplier to Illinois retail
21            customers during the delivery year ending May 31,
22            2016.
23                For delivery years beginning June 1, 2019 and
24            each year thereafter, the maximum amount of
25            renewable energy credits to be supplied by an
26            alternative retail electric supplier under this

 

 

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1            subparagraph (H) shall be 68% multiplied by 50%
2            multiplied by 16% multiplied by the amount of
3            metered electricity (megawatt-hours) delivered by
4            the alternative retail electric supplier to
5            Illinois retail customers during the delivery year
6            ending May 31, 2016, provided that the 16% value
7            shall increase by 1.5% each delivery year
8            thereafter to 25% by the delivery year beginning
9            June 1, 2025, and thereafter the 25% value shall
10            apply to each delivery year.
11            For each delivery year, the total amount of
12        renewable energy credits supplied by all alternative
13        retail electric suppliers under this subparagraph (H)
14        shall not exceed 9% of the Illinois target renewable
15        energy credit quantity. The Illinois target renewable
16        energy credit quantity for the delivery year beginning
17        June 1, 2018 is 14.5% multiplied by the total amount of
18        metered electricity (megawatt-hours) delivered in the
19        delivery year immediately preceding that delivery
20        year, provided that the 14.5% shall increase by 1.5%
21        each delivery year thereafter to 25% by the delivery
22        year beginning June 1, 2025, and thereafter the 25%
23        value shall apply to each delivery year.
24            If the requirements set forth in items (i) through
25        (iii) of this subparagraph (H) are met, the charges
26        that would otherwise be applicable to the retail

 

 

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1        customers of the alternative retail electric supplier
2        under paragraph (6) of this subsection (c) for the
3        applicable delivery year shall be reduced by the ratio
4        of the quantity of renewable energy credits supplied by
5        the alternative retail electric supplier compared to
6        that supplier's target renewable energy credit
7        quantity. The supplier's target renewable energy
8        credit quantity for the delivery year beginning June 1,
9        2018 is 14.5% multiplied by the total amount of metered
10        electricity (megawatt-hours) delivered by the
11        alternative retail supplier in that delivery year,
12        provided that the 14.5% shall increase by 1.5% each
13        delivery year thereafter to 25% by the delivery year
14        beginning June 1, 2025, and thereafter the 25% value
15        shall apply to each delivery year.
16            On or before April 1 of each year, the Agency shall
17        annually publish a report on its website that
18        identifies the aggregate amount of renewable energy
19        credits supplied by alternative retail electric
20        suppliers under this subparagraph (H).
21        (I) The Agency shall design its long-term renewable
22    energy procurement plan to maximize the State's interest in
23    the health, safety, and welfare of its residents, including
24    but not limited to minimizing sulfur dioxide, nitrogen
25    oxide, particulate matter and other pollution that
26    adversely affects public health in this State, increasing

 

 

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1    fuel and resource diversity in this State, enhancing the
2    reliability and resiliency of the electricity distribution
3    system in this State, meeting goals to limit carbon dioxide
4    emissions under federal or State law, and contributing to a
5    cleaner and healthier environment for the citizens of this
6    State. In order to further these legislative purposes,
7    renewable energy credits shall be eligible to be counted
8    toward the renewable energy requirements of this
9    subsection (c) if they are generated from facilities
10    located in this State. The Agency may qualify renewable
11    energy credits from facilities located in states adjacent
12    to Illinois if the generator demonstrates and the Agency
13    determines that the operation of such facility or
14    facilities will help promote the State's interest in the
15    health, safety, and welfare of its residents based on the
16    public interest criteria described above. To ensure that
17    the public interest criteria are applied to the procurement
18    and given full effect, the Agency's long-term procurement
19    plan shall describe in detail how each public interest
20    factor shall be considered and weighted for facilities
21    located in states adjacent to Illinois.
22        (J) In order to promote the competitive development of
23    renewable energy resources in furtherance of the State's
24    interest in the health, safety, and welfare of its
25    residents, renewable energy credits shall not be eligible
26    to be counted toward the renewable energy requirements of

 

 

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1    this subsection (c) if they are sourced from a generating
2    unit whose costs were being recovered through rates
3    regulated by this State or any other state or states on or
4    after January 1, 2017. Each contract executed to purchase
5    renewable energy credits under this subsection (c) shall
6    provide for the contract's termination if the costs of the
7    generating unit supplying the renewable energy credits
8    subsequently begin to be recovered through rates regulated
9    by this State or any other state or states; and each
10    contract shall further provide that, in that event, the
11    supplier of the credits must return 110% of all payments
12    received under the contract. Amounts returned under the
13    requirements of this subparagraph (J) shall be retained by
14    the utility and all of these amounts shall be used for the
15    procurement of additional renewable energy credits from
16    new wind or new photovoltaic resources as defined in this
17    subsection (c). The long-term plan shall provide that these
18    renewable energy credits shall be procured in the next
19    procurement event.
20        Notwithstanding the limitations of this subparagraph
21    (J), renewable energy credits sourced from generating
22    units that are constructed, purchased, owned, or leased by
23    an electric utility as part of an approved project,
24    program, or pilot under Section 1-56 of this Act shall be
25    eligible to be counted toward the renewable energy
26    requirements of this subsection (c), regardless of how the

 

 

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1    costs of these units are recovered.
2        (K) The long-term renewable resources procurement plan
3    developed by the Agency in accordance with subparagraph (A)
4    of this paragraph (1) shall include an Adjustable Block
5    program for the procurement of renewable energy credits
6    from new photovoltaic projects that are distributed
7    renewable energy generation devices or new photovoltaic
8    community renewable generation projects. The Adjustable
9    Block program shall be designed to provide a transparent
10    schedule of prices and quantities to enable the
11    photovoltaic market to scale up and for renewable energy
12    credit prices to adjust at a predictable rate over time.
13    The prices set by the Adjustable Block program can be
14    reflected as a set value or as the product of a formula.
15        The Adjustable Block program shall include for each
16    category of eligible projects: a schedule of standard block
17    purchase prices to be offered; a series of steps, with
18    associated nameplate capacity and purchase prices that
19    adjust from step to step; and automatic opening of the next
20    step as soon as the nameplate capacity and available
21    purchase prices for an open step are fully committed or
22    reserved. Only projects energized on or after June 1, 2017
23    shall be eligible for the Adjustable Block program. For
24    each block group the Agency shall determine the number of
25    blocks, the amount of generation capacity in each block,
26    and the purchase price for each block, provided that the

 

 

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1    purchase price provided and the total amount of generation
2    in all blocks for all block groups shall be sufficient to
3    meet the goals in this subsection (c). The Agency may
4    periodically review its prior decisions establishing the
5    number of blocks, the amount of generation capacity in each
6    block, and the purchase price for each block, and may
7    propose, on an expedited basis, changes to these previously
8    set values, including but not limited to redistributing
9    these amounts and the available funds as necessary and
10    appropriate, subject to Commission approval as part of the
11    periodic plan revision process described in Section
12    16-111.5 of the Public Utilities Act. The Agency may define
13    different block sizes, purchase prices, or other distinct
14    terms and conditions for projects located in different
15    utility service territories if the Agency deems it
16    necessary to meet the goals in this subsection (c).
17        The Adjustable Block program shall include at least the
18    following block groups in at least the following amounts,
19    which may be adjusted upon review by the Agency and
20    approval by the Commission as described in this
21    subparagraph (K):
22            (i) At least 25% from distributed renewable energy
23        generation devices with a nameplate capacity of no more
24        than 10 kilowatts.
25            (ii) At least 25% from distributed renewable
26        energy generation devices with a nameplate capacity of

 

 

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1        more than 10 kilowatts and no more than 2,000
2        kilowatts. The Agency may create sub-categories within
3        this category to account for the differences between
4        projects for small commercial customers, large
5        commercial customers, and public or non-profit
6        customers.
7            (iii) At least 25% from photovoltaic community
8        renewable generation projects.
9            (iv) The remaining 25% shall be allocated as
10        specified by the Agency in the long-term renewable
11        resources procurement plan.
12        The Adjustable Block program shall be designed to
13    ensure that renewable energy credits are procured from
14    photovoltaic distributed renewable energy generation
15    devices and new photovoltaic community renewable energy
16    generation projects in diverse locations and are not
17    concentrated in a few geographic areas.
18        (L) The procurement of photovoltaic renewable energy
19    credits under items (i) through (iv) of subparagraph (K) of
20    this paragraph (1) shall be subject to the following
21    contract and payment terms:
22            (i) The Agency shall procure contracts of at least
23        15 years in length.
24            (ii) For those renewable energy credits that
25        qualify and are procured under item (i) of subparagraph
26        (K) of this paragraph (1), the renewable energy credit

 

 

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1        purchase price shall be paid in full by the contracting
2        utilities at the time that the facility producing the
3        renewable energy credits is interconnected at the
4        distribution system level of the utility and
5        energized. The electric utility shall receive and
6        retire all renewable energy credits generated by the
7        project for the first 15 years of operation.
8            (iii) For those renewable energy credits that
9        qualify and are procured under item (ii) and (iii) of
10        subparagraph (K) of this paragraph (1) and any
11        additional categories of distributed generation
12        included in the long-term renewable resources
13        procurement plan and approved by the Commission, 20
14        percent of the renewable energy credit purchase price
15        shall be paid by the contracting utilities at the time
16        that the facility producing the renewable energy
17        credits is interconnected at the distribution system
18        level of the utility and energized. The remaining
19        portion shall be paid ratably over the subsequent
20        4-year period. The electric utility shall receive and
21        retire all renewable energy credits generated by the
22        project for the first 15 years of operation.
23            (iv) Each contract shall include provisions to
24        ensure the delivery of the renewable energy credits for
25        the full term of the contract.
26            (v) The utility shall be the counterparty to the

 

 

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1        contracts executed under this subparagraph (L) that
2        are approved by the Commission under the process
3        described in Section 16-111.5 of the Public Utilities
4        Act. No contract shall be executed for an amount that
5        is less than one renewable energy credit per year.
6            (vi) If, at any time, approved applications for the
7        Adjustable Block program exceed funds collected by the
8        electric utility or would cause the Agency to exceed
9        the limitation described in subparagraph (E) of this
10        paragraph (1) on the amount of renewable energy
11        resources that may be procured, then the Agency shall
12        consider future uncommitted funds to be reserved for
13        these contracts on a first-come, first-served basis,
14        with the delivery of renewable energy credits required
15        beginning at the time that the reserved funds become
16        available.
17            (vii) Nothing in this Section shall require the
18        utility to advance any payment or pay any amounts that
19        exceed the actual amount of revenues collected by the
20        utility under paragraph (6) of this subsection (c) and
21        subsection (k) of Section 16-108 of the Public
22        Utilities Act, and contracts executed under this
23        Section shall expressly incorporate this limitation.
24        (M) The Agency shall be authorized to retain one or
25    more experts or expert consulting firms to develop,
26    administer, implement, operate, and evaluate the

 

 

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1    Adjustable Block program described in subparagraph (K) of
2    this paragraph (1), and the Agency shall retain the
3    consultant or consultants in the same manner, to the extent
4    practicable, as the Agency retains others to administer
5    provisions of this Act, including, but not limited to, the
6    procurement administrator. The selection of experts and
7    expert consulting firms and the procurement process
8    described in this subparagraph (M) are exempt from the
9    requirements of Section 20-10 of the Illinois Procurement
10    Code, under Section 20-10 of that Code. The Agency shall
11    strive to minimize administrative expenses in the
12    implementation of the Adjustable Block program.
13        The Agency and its consultant or consultants shall
14    monitor block activity, share program activity with
15    stakeholders and conduct regularly scheduled meetings to
16    discuss program activity and market conditions. If
17    necessary, the Agency may make prospective administrative
18    adjustments to the Adjustable Block program design, such as
19    redistributing available funds or making adjustments to
20    purchase prices as necessary to achieve the goals of this
21    subsection (c). Program modifications to any price,
22    capacity block, or other program element that do not
23    deviate from the Commission's approved value by more than
24    25% shall take effect immediately and are not subject to
25    Commission review and approval. Program modifications to
26    any price, capacity block, or other program element that

 

 

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1    deviate more than 25% from the Commission's approved value
2    must be approved by the Commission as a long-term plan
3    amendment under Section 16-111.5 of the Public Utilities
4    Act. The Agency shall consider stakeholder feedback when
5    making adjustments to the Adjustable Block design and shall
6    notify stakeholders in advance of any planned changes.
7        (N) The long-term renewable resources procurement plan
8    required by this subsection (c) shall include a community
9    renewable generation program. The Agency shall establish
10    the terms, conditions, and program requirements for
11    community renewable generation projects with a goal to
12    expand renewable energy generating facility access to a
13    broader group of energy consumers, to ensure robust
14    participation opportunities for residential and small
15    commercial customers and those who cannot install
16    renewable energy on their own properties. Any plan approved
17    by the Commission shall allow subscriptions to community
18    renewable generation projects to be portable and
19    transferable. For purposes of this subparagraph (N),
20    "portable" means that subscriptions may be retained by the
21    subscriber even if the subscriber relocates or changes its
22    address within the same utility service territory; and
23    "transferable" means that a subscriber may assign or sell
24    subscriptions to another person within the same utility
25    service territory.
26        Electric utilities shall provide a monetary credit to a

 

 

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1    subscriber's subsequent bill for service for the
2    proportional output of a community renewable generation
3    project attributable to that subscriber as specified in
4    Section 16-107.5 of the Public Utilities Act.
5        The Agency shall purchase renewable energy credits
6    from subscribed shares of photovoltaic community renewable
7    generation projects through the Adjustable Block program
8    described in subparagraph (K) of this paragraph (1) or
9    through the Illinois Solar for All Program described in
10    Section 1-56 of this Act. The electric utility shall
11    purchase any unsubscribed energy from community renewable
12    generation projects that are Qualifying Facilities ("QF")
13    under the electric utility's tariff for purchasing the
14    output from QFs under Public Utilities Regulatory Policies
15    Act of 1978.
16        The owners of and any subscribers to a community
17    renewable generation project shall not be considered
18    public utilities or alternative retail electricity
19    suppliers under the Public Utilities Act solely as a result
20    of their interest in or subscription to a community
21    renewable generation project and shall not be required to
22    become an alternative retail electric supplier by
23    participating in a community renewable generation project
24    with a public utility.
25        (O) For the delivery year beginning June 1, 2018, the
26    long-term renewable resources procurement plan required by

 

 

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1    this subsection (c) shall provide for the Agency to procure
2    contracts to continue offering the Illinois Solar for All
3    Program described in subsection (b) of Section 1-56 of this
4    Act, and the contracts approved by the Commission shall be
5    executed by the utilities that are subject to this
6    subsection (c). The long-term renewable resources
7    procurement plan shall allocate 5% of the funds available
8    under the plan for the applicable delivery year, or
9    $10,000,000 per delivery year, whichever is greater, to
10    fund the programs, and the plan shall determine the amount
11    of funding to be apportioned to the programs identified in
12    subsection (b) of Section 1-56 of this Act; provided that
13    for the delivery years beginning June 1, 2017, June 1,
14    2021, and June 1, 2025, the long-term renewable resources
15    procurement plan shall allocate 10% of the funds available
16    under the plan for the applicable delivery year, or
17    $20,000,000 per delivery year, whichever is greater, and
18    $10,000,000 of such funds in such year shall be used by an
19    electric utility that serves more than 3,000,000 retail
20    customers in the State to implement a Commission-approved
21    plan under Section 16-108.12 of the Public Utilities Act.
22    In making the determinations required under this
23    subparagraph (O), the Commission shall consider the
24    experience and performance under the programs and any
25    evaluation reports. The Commission shall also provide for
26    an independent evaluation of those programs on a periodic

 

 

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1    basis that are funded under this subparagraph (O).
2        (2) (Blank).
3        (3) (Blank).
4        (4) The electric utility shall retire all renewable
5    energy credits used to comply with the standard.
6        (5) Beginning with the 2010 delivery year and ending
7    June 1, 2017, an electric utility subject to this
8    subsection (c) shall apply the lesser of the maximum
9    alternative compliance payment rate or the most recent
10    estimated alternative compliance payment rate for its
11    service territory for the corresponding compliance period,
12    established pursuant to subsection (d) of Section 16-115D
13    of the Public Utilities Act to its retail customers that
14    take service pursuant to the electric utility's hourly
15    pricing tariff or tariffs. The electric utility shall
16    retain all amounts collected as a result of the application
17    of the alternative compliance payment rate or rates to such
18    customers, and, beginning in 2011, the utility shall
19    include in the information provided under item (1) of
20    subsection (d) of Section 16-111.5 of the Public Utilities
21    Act the amounts collected under the alternative compliance
22    payment rate or rates for the prior year ending May 31.
23    Notwithstanding any limitation on the procurement of
24    renewable energy resources imposed by item (2) of this
25    subsection (c), the Agency shall increase its spending on
26    the purchase of renewable energy resources to be procured

 

 

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1    by the electric utility for the next plan year by an amount
2    equal to the amounts collected by the utility under the
3    alternative compliance payment rate or rates in the prior
4    year ending May 31.
5        (6) The electric utility shall be entitled to recover
6    all of its costs associated with the procurement of
7    renewable energy credits under plans approved under this
8    Section and Section 16-111.5 of the Public Utilities Act.
9    These costs shall include associated reasonable expenses
10    for implementing the procurement programs, including, but
11    not limited to, the costs of administering and evaluating
12    the Adjustable Block program, through an automatic
13    adjustment clause tariff in accordance with subsection (k)
14    of Section 16-108 of the Public Utilities Act.
15        (7) Renewable energy credits procured from new
16    photovoltaic projects or new distributed renewable energy
17    generation devices under this Section after June 1, 2017
18    (the effective date of Public Act 99-906) this amendatory
19    Act of the 99th General Assembly must be procured from
20    devices installed by a qualified person in compliance with
21    the requirements of Section 16-128A of the Public Utilities
22    Act and any rules or regulations adopted thereunder.
23        In meeting the renewable energy requirements of this
24    subsection (c), to the extent feasible and consistent with
25    State and federal law, the renewable energy credit
26    procurements, Adjustable Block solar program, and

 

 

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1    community renewable generation program shall provide
2    employment opportunities for all segments of the
3    population and workforce, including minority-owned and
4    female-owned business enterprises, and shall not,
5    consistent with State and federal law, discriminate based
6    on race or socioeconomic status.
7    (d) Clean coal portfolio standard.
8        (1) The procurement plans shall include electricity
9    generated using clean coal. Each utility shall enter into
10    one or more sourcing agreements with the initial clean coal
11    facility, as provided in paragraph (3) of this subsection
12    (d), covering electricity generated by the initial clean
13    coal facility representing at least 5% of each utility's
14    total supply to serve the load of eligible retail customers
15    in 2015 and each year thereafter, as described in paragraph
16    (3) of this subsection (d), subject to the limits specified
17    in paragraph (2) of this subsection (d). It is the goal of
18    the State that by January 1, 2025, 25% of the electricity
19    used in the State shall be generated by cost-effective
20    clean coal facilities. For purposes of this subsection (d),
21    "cost-effective" means that the expenditures pursuant to
22    such sourcing agreements do not cause the limit stated in
23    paragraph (2) of this subsection (d) to be exceeded and do
24    not exceed cost-based benchmarks, which shall be developed
25    to assess all expenditures pursuant to such sourcing
26    agreements covering electricity generated by clean coal

 

 

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1    facilities, other than the initial clean coal facility, by
2    the procurement administrator, in consultation with the
3    Commission staff, Agency staff, and the procurement
4    monitor and shall be subject to Commission review and
5    approval.
6        A utility party to a sourcing agreement shall
7    immediately retire any emission credits that it receives in
8    connection with the electricity covered by such agreement.
9        Utilities shall maintain adequate records documenting
10    the purchases under the sourcing agreement to comply with
11    this subsection (d) and shall file an accounting with the
12    load forecast that must be filed with the Agency by July 15
13    of each year, in accordance with subsection (d) of Section
14    16-111.5 of the Public Utilities Act.
15        A utility shall be deemed to have complied with the
16    clean coal portfolio standard specified in this subsection
17    (d) if the utility enters into a sourcing agreement as
18    required by this subsection (d).
19        (2) For purposes of this subsection (d), the required
20    execution of sourcing agreements with the initial clean
21    coal facility for a particular year shall be measured as a
22    percentage of the actual amount of electricity
23    (megawatt-hours) supplied by the electric utility to
24    eligible retail customers in the planning year ending
25    immediately prior to the agreement's execution. For
26    purposes of this subsection (d), the amount paid per

 

 

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1    kilowatthour means the total amount paid for electric
2    service expressed on a per kilowatthour basis. For purposes
3    of this subsection (d), the total amount paid for electric
4    service includes without limitation amounts paid for
5    supply, transmission, distribution, surcharges and add-on
6    taxes.
7        Notwithstanding the requirements of this subsection
8    (d), the total amount paid under sourcing agreements with
9    clean coal facilities pursuant to the procurement plan for
10    any given year shall be reduced by an amount necessary to
11    limit the annual estimated average net increase due to the
12    costs of these resources included in the amounts paid by
13    eligible retail customers in connection with electric
14    service to:
15            (A) in 2010, no more than 0.5% of the amount paid
16        per kilowatthour by those customers during the year
17        ending May 31, 2009;
18            (B) in 2011, the greater of an additional 0.5% of
19        the amount paid per kilowatthour by those customers
20        during the year ending May 31, 2010 or 1% of the amount
21        paid per kilowatthour by those customers during the
22        year ending May 31, 2009;
23            (C) in 2012, the greater of an additional 0.5% of
24        the amount paid per kilowatthour by those customers
25        during the year ending May 31, 2011 or 1.5% of the
26        amount paid per kilowatthour by those customers during

 

 

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1        the year ending May 31, 2009;
2            (D) in 2013, the greater of an additional 0.5% of
3        the amount paid per kilowatthour by those customers
4        during the year ending May 31, 2012 or 2% of the amount
5        paid per kilowatthour by those customers during the
6        year ending May 31, 2009; and
7            (E) thereafter, the total amount paid under
8        sourcing agreements with clean coal facilities
9        pursuant to the procurement plan for any single year
10        shall be reduced by an amount necessary to limit the
11        estimated average net increase due to the cost of these
12        resources included in the amounts paid by eligible
13        retail customers in connection with electric service
14        to no more than the greater of (i) 2.015% of the amount
15        paid per kilowatthour by those customers during the
16        year ending May 31, 2009 or (ii) the incremental amount
17        per kilowatthour paid for these resources in 2013.
18        These requirements may be altered only as provided by
19        statute.
20        No later than June 30, 2015, the Commission shall
21    review the limitation on the total amount paid under
22    sourcing agreements, if any, with clean coal facilities
23    pursuant to this subsection (d) and report to the General
24    Assembly its findings as to whether that limitation unduly
25    constrains the amount of electricity generated by
26    cost-effective clean coal facilities that is covered by

 

 

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1    sourcing agreements.
2        (3) Initial clean coal facility. In order to promote
3    development of clean coal facilities in Illinois, each
4    electric utility subject to this Section shall execute a
5    sourcing agreement to source electricity from a proposed
6    clean coal facility in Illinois (the "initial clean coal
7    facility") that will have a nameplate capacity of at least
8    500 MW when commercial operation commences, that has a
9    final Clean Air Act permit on June 1, 2009 (the effective
10    date of Public Act 95-1027) this amendatory Act of the 95th
11    General Assembly, and that will meet the definition of
12    clean coal facility in Section 1-10 of this Act when
13    commercial operation commences. The sourcing agreements
14    with this initial clean coal facility shall be subject to
15    both approval of the initial clean coal facility by the
16    General Assembly and satisfaction of the requirements of
17    paragraph (4) of this subsection (d) and shall be executed
18    within 90 days after any such approval by the General
19    Assembly. The Agency and the Commission shall have
20    authority to inspect all books and records associated with
21    the initial clean coal facility during the term of such a
22    sourcing agreement. A utility's sourcing agreement for
23    electricity produced by the initial clean coal facility
24    shall include:
25            (A) a formula contractual price (the "contract
26        price") approved pursuant to paragraph (4) of this

 

 

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1        subsection (d), which shall:
2                (i) be determined using a cost of service
3            methodology employing either a level or deferred
4            capital recovery component, based on a capital
5            structure consisting of 45% equity and 55% debt,
6            and a return on equity as may be approved by the
7            Federal Energy Regulatory Commission, which in any
8            case may not exceed the lower of 11.5% or the rate
9            of return approved by the General Assembly
10            pursuant to paragraph (4) of this subsection (d);
11            and
12                (ii) provide that all miscellaneous net
13            revenue, including but not limited to net revenue
14            from the sale of emission allowances, if any,
15            substitute natural gas, if any, grants or other
16            support provided by the State of Illinois or the
17            United States Government, firm transmission
18            rights, if any, by-products produced by the
19            facility, energy or capacity derived from the
20            facility and not covered by a sourcing agreement
21            pursuant to paragraph (3) of this subsection (d) or
22            item (5) of subsection (d) of Section 16-115 of the
23            Public Utilities Act, whether generated from the
24            synthesis gas derived from coal, from SNG, or from
25            natural gas, shall be credited against the revenue
26            requirement for this initial clean coal facility;

 

 

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1            (B) power purchase provisions, which shall:
2                (i) provide that the utility party to such
3            sourcing agreement shall pay the contract price
4            for electricity delivered under such sourcing
5            agreement;
6                (ii) require delivery of electricity to the
7            regional transmission organization market of the
8            utility that is party to such sourcing agreement;
9                (iii) require the utility party to such
10            sourcing agreement to buy from the initial clean
11            coal facility in each hour an amount of energy
12            equal to all clean coal energy made available from
13            the initial clean coal facility during such hour
14            times a fraction, the numerator of which is such
15            utility's retail market sales of electricity
16            (expressed in kilowatthours sold) in the State
17            during the prior calendar month and the
18            denominator of which is the total retail market
19            sales of electricity (expressed in kilowatthours
20            sold) in the State by utilities during such prior
21            month and the sales of electricity (expressed in
22            kilowatthours sold) in the State by alternative
23            retail electric suppliers during such prior month
24            that are subject to the requirements of this
25            subsection (d) and paragraph (5) of subsection (d)
26            of Section 16-115 of the Public Utilities Act,

 

 

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1            provided that the amount purchased by the utility
2            in any year will be limited by paragraph (2) of
3            this subsection (d); and
4                (iv) be considered pre-existing contracts in
5            such utility's procurement plans for eligible
6            retail customers;
7            (C) contract for differences provisions, which
8        shall:
9                (i) require the utility party to such sourcing
10            agreement to contract with the initial clean coal
11            facility in each hour with respect to an amount of
12            energy equal to all clean coal energy made
13            available from the initial clean coal facility
14            during such hour times a fraction, the numerator of
15            which is such utility's retail market sales of
16            electricity (expressed in kilowatthours sold) in
17            the utility's service territory in the State
18            during the prior calendar month and the
19            denominator of which is the total retail market
20            sales of electricity (expressed in kilowatthours
21            sold) in the State by utilities during such prior
22            month and the sales of electricity (expressed in
23            kilowatthours sold) in the State by alternative
24            retail electric suppliers during such prior month
25            that are subject to the requirements of this
26            subsection (d) and paragraph (5) of subsection (d)

 

 

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1            of Section 16-115 of the Public Utilities Act,
2            provided that the amount paid by the utility in any
3            year will be limited by paragraph (2) of this
4            subsection (d);
5                (ii) provide that the utility's payment
6            obligation in respect of the quantity of
7            electricity determined pursuant to the preceding
8            clause (i) shall be limited to an amount equal to
9            (1) the difference between the contract price
10            determined pursuant to subparagraph (A) of
11            paragraph (3) of this subsection (d) and the
12            day-ahead price for electricity delivered to the
13            regional transmission organization market of the
14            utility that is party to such sourcing agreement
15            (or any successor delivery point at which such
16            utility's supply obligations are financially
17            settled on an hourly basis) (the "reference
18            price") on the day preceding the day on which the
19            electricity is delivered to the initial clean coal
20            facility busbar, multiplied by (2) the quantity of
21            electricity determined pursuant to the preceding
22            clause (i); and
23                (iii) not require the utility to take physical
24            delivery of the electricity produced by the
25            facility;
26            (D) general provisions, which shall:

 

 

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1                (i) specify a term of no more than 30 years,
2            commencing on the commercial operation date of the
3            facility;
4                (ii) provide that utilities shall maintain
5            adequate records documenting purchases under the
6            sourcing agreements entered into to comply with
7            this subsection (d) and shall file an accounting
8            with the load forecast that must be filed with the
9            Agency by July 15 of each year, in accordance with
10            subsection (d) of Section 16-111.5 of the Public
11            Utilities Act;
12                (iii) provide that all costs associated with
13            the initial clean coal facility will be
14            periodically reported to the Federal Energy
15            Regulatory Commission and to purchasers in
16            accordance with applicable laws governing
17            cost-based wholesale power contracts;
18                (iv) permit the Illinois Power Agency to
19            assume ownership of the initial clean coal
20            facility, without monetary consideration and
21            otherwise on reasonable terms acceptable to the
22            Agency, if the Agency so requests no less than 3
23            years prior to the end of the stated contract term;
24                (v) require the owner of the initial clean coal
25            facility to provide documentation to the
26            Commission each year, starting in the facility's

 

 

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1            first year of commercial operation, accurately
2            reporting the quantity of carbon emissions from
3            the facility that have been captured and
4            sequestered and report any quantities of carbon
5            released from the site or sites at which carbon
6            emissions were sequestered in prior years, based
7            on continuous monitoring of such sites. If, in any
8            year after the first year of commercial operation,
9            the owner of the facility fails to demonstrate that
10            the initial clean coal facility captured and
11            sequestered at least 50% of the total carbon
12            emissions that the facility would otherwise emit
13            or that sequestration of emissions from prior
14            years has failed, resulting in the release of
15            carbon dioxide into the atmosphere, the owner of
16            the facility must offset excess emissions. Any
17            such carbon offsets must be permanent, additional,
18            verifiable, real, located within the State of
19            Illinois, and legally and practicably enforceable.
20            The cost of such offsets for the facility that are
21            not recoverable shall not exceed $15 million in any
22            given year. No costs of any such purchases of
23            carbon offsets may be recovered from a utility or
24            its customers. All carbon offsets purchased for
25            this purpose and any carbon emission credits
26            associated with sequestration of carbon from the

 

 

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1            facility must be permanently retired. The initial
2            clean coal facility shall not forfeit its
3            designation as a clean coal facility if the
4            facility fails to fully comply with the applicable
5            carbon sequestration requirements in any given
6            year, provided the requisite offsets are
7            purchased. However, the Attorney General, on
8            behalf of the People of the State of Illinois, may
9            specifically enforce the facility's sequestration
10            requirement and the other terms of this contract
11            provision. Compliance with the sequestration
12            requirements and offset purchase requirements
13            specified in paragraph (3) of this subsection (d)
14            shall be reviewed annually by an independent
15            expert retained by the owner of the initial clean
16            coal facility, with the advance written approval
17            of the Attorney General. The Commission may, in the
18            course of the review specified in item (vii),
19            reduce the allowable return on equity for the
20            facility if the facility willfully wilfully fails
21            to comply with the carbon capture and
22            sequestration requirements set forth in this item
23            (v);
24                (vi) include limits on, and accordingly
25            provide for modification of, the amount the
26            utility is required to source under the sourcing

 

 

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1            agreement consistent with paragraph (2) of this
2            subsection (d);
3                (vii) require Commission review: (1) to
4            determine the justness, reasonableness, and
5            prudence of the inputs to the formula referenced in
6            subparagraphs (A)(i) through (A)(iii) of paragraph
7            (3) of this subsection (d), prior to an adjustment
8            in those inputs including, without limitation, the
9            capital structure and return on equity, fuel
10            costs, and other operations and maintenance costs
11            and (2) to approve the costs to be passed through
12            to customers under the sourcing agreement by which
13            the utility satisfies its statutory obligations.
14            Commission review shall occur no less than every 3
15            years, regardless of whether any adjustments have
16            been proposed, and shall be completed within 9
17            months;
18                (viii) limit the utility's obligation to such
19            amount as the utility is allowed to recover through
20            tariffs filed with the Commission, provided that
21            neither the clean coal facility nor the utility
22            waives any right to assert federal pre-emption or
23            any other argument in response to a purported
24            disallowance of recovery costs;
25                (ix) limit the utility's or alternative retail
26            electric supplier's obligation to incur any

 

 

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1            liability until such time as the facility is in
2            commercial operation and generating power and
3            energy and such power and energy is being delivered
4            to the facility busbar;
5                (x) provide that the owner or owners of the
6            initial clean coal facility, which is the
7            counterparty to such sourcing agreement, shall
8            have the right from time to time to elect whether
9            the obligations of the utility party thereto shall
10            be governed by the power purchase provisions or the
11            contract for differences provisions;
12                (xi) append documentation showing that the
13            formula rate and contract, insofar as they relate
14            to the power purchase provisions, have been
15            approved by the Federal Energy Regulatory
16            Commission pursuant to Section 205 of the Federal
17            Power Act;
18                (xii) provide that any changes to the terms of
19            the contract, insofar as such changes relate to the
20            power purchase provisions, are subject to review
21            under the public interest standard applied by the
22            Federal Energy Regulatory Commission pursuant to
23            Sections 205 and 206 of the Federal Power Act; and
24                (xiii) conform with customary lender
25            requirements in power purchase agreements used as
26            the basis for financing non-utility generators.

 

 

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1        (4) Effective date of sourcing agreements with the
2    initial clean coal facility.
3        Any proposed sourcing agreement with the initial clean
4    coal facility shall not become effective unless the
5    following reports are prepared and submitted and
6    authorizations and approvals obtained:
7            (i) Facility cost report. The owner of the initial
8        clean coal facility shall submit to the Commission, the
9        Agency, and the General Assembly a front-end
10        engineering and design study, a facility cost report,
11        method of financing (including but not limited to
12        structure and associated costs), and an operating and
13        maintenance cost quote for the facility (collectively
14        "facility cost report"), which shall be prepared in
15        accordance with the requirements of this paragraph (4)
16        of subsection (d) of this Section, and shall provide
17        the Commission and the Agency access to the work
18        papers, relied upon documents, and any other backup
19        documentation related to the facility cost report.
20            (ii) Commission report. Within 6 months following
21        receipt of the facility cost report, the Commission, in
22        consultation with the Agency, shall submit a report to
23        the General Assembly setting forth its analysis of the
24        facility cost report. Such report shall include, but
25        not be limited to, a comparison of the costs associated
26        with electricity generated by the initial clean coal

 

 

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1        facility to the costs associated with electricity
2        generated by other types of generation facilities, an
3        analysis of the rate impacts on residential and small
4        business customers over the life of the sourcing
5        agreements, and an analysis of the likelihood that the
6        initial clean coal facility will commence commercial
7        operation by and be delivering power to the facility's
8        busbar by 2016. To assist in the preparation of its
9        report, the Commission, in consultation with the
10        Agency, may hire one or more experts or consultants,
11        the costs of which shall be paid for by the owner of
12        the initial clean coal facility. The Commission and
13        Agency may begin the process of selecting such experts
14        or consultants prior to receipt of the facility cost
15        report.
16            (iii) General Assembly approval. The proposed
17        sourcing agreements shall not take effect unless,
18        based on the facility cost report and the Commission's
19        report, the General Assembly enacts authorizing
20        legislation approving (A) the projected price, stated
21        in cents per kilowatthour, to be charged for
22        electricity generated by the initial clean coal
23        facility, (B) the projected impact on residential and
24        small business customers' bills over the life of the
25        sourcing agreements, and (C) the maximum allowable
26        return on equity for the project; and

 

 

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1            (iv) Commission review. If the General Assembly
2        enacts authorizing legislation pursuant to
3        subparagraph (iii) approving a sourcing agreement, the
4        Commission shall, within 90 days of such enactment,
5        complete a review of such sourcing agreement. During
6        such time period, the Commission shall implement any
7        directive of the General Assembly, resolve any
8        disputes between the parties to the sourcing agreement
9        concerning the terms of such agreement, approve the
10        form of such agreement, and issue an order finding that
11        the sourcing agreement is prudent and reasonable.
12        The facility cost report shall be prepared as follows:
13            (A) The facility cost report shall be prepared by
14        duly licensed engineering and construction firms
15        detailing the estimated capital costs payable to one or
16        more contractors or suppliers for the engineering,
17        procurement and construction of the components
18        comprising the initial clean coal facility and the
19        estimated costs of operation and maintenance of the
20        facility. The facility cost report shall include:
21                (i) an estimate of the capital cost of the core
22            plant based on one or more front end engineering
23            and design studies for the gasification island and
24            related facilities. The core plant shall include
25            all civil, structural, mechanical, electrical,
26            control, and safety systems.

 

 

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1                (ii) an estimate of the capital cost of the
2            balance of the plant, including any capital costs
3            associated with sequestration of carbon dioxide
4            emissions and all interconnects and interfaces
5            required to operate the facility, such as
6            transmission of electricity, construction or
7            backfeed power supply, pipelines to transport
8            substitute natural gas or carbon dioxide, potable
9            water supply, natural gas supply, water supply,
10            water discharge, landfill, access roads, and coal
11            delivery.
12            The quoted construction costs shall be expressed
13        in nominal dollars as of the date that the quote is
14        prepared and shall include capitalized financing costs
15        during construction, taxes, insurance, and other
16        owner's costs, and an assumed escalation in materials
17        and labor beyond the date as of which the construction
18        cost quote is expressed.
19            (B) The front end engineering and design study for
20        the gasification island and the cost study for the
21        balance of plant shall include sufficient design work
22        to permit quantification of major categories of
23        materials, commodities and labor hours, and receipt of
24        quotes from vendors of major equipment required to
25        construct and operate the clean coal facility.
26            (C) The facility cost report shall also include an

 

 

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1        operating and maintenance cost quote that will provide
2        the estimated cost of delivered fuel, personnel,
3        maintenance contracts, chemicals, catalysts,
4        consumables, spares, and other fixed and variable
5        operations and maintenance costs. The delivered fuel
6        cost estimate will be provided by a recognized third
7        party expert or experts in the fuel and transportation
8        industries. The balance of the operating and
9        maintenance cost quote, excluding delivered fuel
10        costs, will be developed based on the inputs provided
11        by duly licensed engineering and construction firms
12        performing the construction cost quote, potential
13        vendors under long-term service agreements and plant
14        operating agreements, or recognized third party plant
15        operator or operators.
16            The operating and maintenance cost quote
17        (including the cost of the front end engineering and
18        design study) shall be expressed in nominal dollars as
19        of the date that the quote is prepared and shall
20        include taxes, insurance, and other owner's costs, and
21        an assumed escalation in materials and labor beyond the
22        date as of which the operating and maintenance cost
23        quote is expressed.
24            (D) The facility cost report shall also include an
25        analysis of the initial clean coal facility's ability
26        to deliver power and energy into the applicable

 

 

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1        regional transmission organization markets and an
2        analysis of the expected capacity factor for the
3        initial clean coal facility.
4            (E) Amounts paid to third parties unrelated to the
5        owner or owners of the initial clean coal facility to
6        prepare the core plant construction cost quote,
7        including the front end engineering and design study,
8        and the operating and maintenance cost quote will be
9        reimbursed through Coal Development Bonds.
10        (5) Re-powering and retrofitting coal-fired power
11    plants previously owned by Illinois utilities to qualify as
12    clean coal facilities. During the 2009 procurement
13    planning process and thereafter, the Agency and the
14    Commission shall consider sourcing agreements covering
15    electricity generated by power plants that were previously
16    owned by Illinois utilities and that have been or will be
17    converted into clean coal facilities, as defined by Section
18    1-10 of this Act. Pursuant to such procurement planning
19    process, the owners of such facilities may propose to the
20    Agency sourcing agreements with utilities and alternative
21    retail electric suppliers required to comply with
22    subsection (d) of this Section and item (5) of subsection
23    (d) of Section 16-115 of the Public Utilities Act, covering
24    electricity generated by such facilities. In the case of
25    sourcing agreements that are power purchase agreements,
26    the contract price for electricity sales shall be

 

 

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1    established on a cost of service basis. In the case of
2    sourcing agreements that are contracts for differences,
3    the contract price from which the reference price is
4    subtracted shall be established on a cost of service basis.
5    The Agency and the Commission may approve any such utility
6    sourcing agreements that do not exceed cost-based
7    benchmarks developed by the procurement administrator, in
8    consultation with the Commission staff, Agency staff and
9    the procurement monitor, subject to Commission review and
10    approval. The Commission shall have authority to inspect
11    all books and records associated with these clean coal
12    facilities during the term of any such contract.
13        (6) Costs incurred under this subsection (d) or
14    pursuant to a contract entered into under this subsection
15    (d) shall be deemed prudently incurred and reasonable in
16    amount and the electric utility shall be entitled to full
17    cost recovery pursuant to the tariffs filed with the
18    Commission.
19    (d-5) Zero emission standard.
20        (1) Beginning with the delivery year commencing on June
21    1, 2017, the Agency shall, for electric utilities that
22    serve at least 100,000 retail customers in this State,
23    procure contracts with zero emission facilities that are
24    reasonably capable of generating cost-effective zero
25    emission credits in an amount approximately equal to 16% of
26    the actual amount of electricity delivered by each electric

 

 

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1    utility to retail customers in the State during calendar
2    year 2014. For an electric utility serving fewer than
3    100,000 retail customers in this State that requested,
4    under Section 16-111.5 of the Public Utilities Act, that
5    the Agency procure power and energy for all or a portion of
6    the utility's Illinois load for the delivery year
7    commencing June 1, 2016, the Agency shall procure contracts
8    with zero emission facilities that are reasonably capable
9    of generating cost-effective zero emission credits in an
10    amount approximately equal to 16% of the portion of power
11    and energy to be procured by the Agency for the utility.
12    The duration of the contracts procured under this
13    subsection (d-5) shall be for a term of 10 years ending May
14    31, 2027. The quantity of zero emission credits to be
15    procured under the contracts shall be all of the zero
16    emission credits generated by the zero emission facility in
17    each delivery year; however, if the zero emission facility
18    is owned by more than one entity, then the quantity of zero
19    emission credits to be procured under the contracts shall
20    be the amount of zero emission credits that are generated
21    from the portion of the zero emission facility that is
22    owned by the winning supplier.
23        The 16% value identified in this paragraph (1) is the
24    average of the percentage targets in subparagraph (B) of
25    paragraph (1) of subsection (c) of Section 1-75 of this Act
26    for the 5 delivery years beginning June 1, 2017.

 

 

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1        The procurement process shall be subject to the
2    following provisions:
3            (A) Those zero emission facilities that intend to
4        participate in the procurement shall submit to the
5        Agency the following eligibility information for each
6        zero emission facility on or before the date
7        established by the Agency:
8                (i) the in-service date and remaining useful
9            life of the zero emission facility;
10                (ii) the amount of power generated annually
11            for each of the years 2005 through 2015, and the
12            projected zero emission credits to be generated
13            over the remaining useful life of the zero emission
14            facility, which shall be used to determine the
15            capability of each facility;
16                (iii) the annual zero emission facility cost
17            projections, expressed on a per megawatthour
18            basis, over the next 6 delivery years, which shall
19            include the following: operation and maintenance
20            expenses; fully allocated overhead costs, which
21            shall be allocated using the methodology developed
22            by the Institute for Nuclear Power Operations;
23            fuel expenditures; non-fuel capital expenditures;
24            spent fuel expenditures; a return on working
25            capital; the cost of operational and market risks
26            that could be avoided by ceasing operation; and any

 

 

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1            other costs necessary for continued operations,
2            provided that "necessary" means, for purposes of
3            this item (iii), that the costs could reasonably be
4            avoided only by ceasing operations of the zero
5            emission facility; and
6                (iv) a commitment to continue operating, for
7            the duration of the contract or contracts executed
8            under the procurement held under this subsection
9            (d-5), the zero emission facility that produces
10            the zero emission credits to be procured in the
11            procurement.
12        The information described in item (iii) of this
13    subparagraph (A) may be submitted on a confidential basis
14    and shall be treated and maintained by the Agency, the
15    procurement administrator, and the Commission as
16    confidential and proprietary and exempt from disclosure
17    under subparagraphs (a) and (g) of paragraph (1) of Section
18    7 of the Freedom of Information Act. The Office of Attorney
19    General shall have access to, and maintain the
20    confidentiality of, such information pursuant to Section
21    6.5 of the Attorney General Act.
22            (B) The price for each zero emission credit
23        procured under this subsection (d-5) for each delivery
24        year shall be in an amount that equals the Social Cost
25        of Carbon, expressed on a price per megawatthour basis.
26        However, to ensure that the procurement remains

 

 

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1        affordable to retail customers in this State if
2        electricity prices increase, the price in an
3        applicable delivery year shall be reduced below the
4        Social Cost of Carbon by the amount ("Price
5        Adjustment") by which the market price index for the
6        applicable delivery year exceeds the baseline market
7        price index for the consecutive 12-month period ending
8        May 31, 2016. If the Price Adjustment is greater than
9        or equal to the Social Cost of Carbon in an applicable
10        delivery year, then no payments shall be due in that
11        delivery year. The components of this calculation are
12        defined as follows:
13                (i) Social Cost of Carbon: The Social Cost of
14            Carbon is $16.50 per megawatthour, which is based
15            on the U.S. Interagency Working Group on Social
16            Cost of Carbon's price in the August 2016 Technical
17            Update using a 3% discount rate, adjusted for
18            inflation for each year of the program. Beginning
19            with the delivery year commencing June 1, 2023, the
20            price per megawatthour shall increase by $1 per
21            megawatthour, and continue to increase by an
22            additional $1 per megawatthour each delivery year
23            thereafter.
24                (ii) Baseline market price index: The baseline
25            market price index for the consecutive 12-month
26            period ending May 31, 2016 is $31.40 per

 

 

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1            megawatthour, which is based on the sum of (aa) the
2            average day-ahead energy price across all hours of
3            such 12-month period at the PJM Interconnection
4            LLC Northern Illinois Hub, (bb) 50% multiplied by
5            the Base Residual Auction, or its successor,
6            capacity price for the rest of the RTO zone group
7            determined by PJM Interconnection LLC, divided by
8            24 hours per day, and (cc) 50% multiplied by the
9            Planning Resource Auction, or its successor,
10            capacity price for Zone 4 determined by the
11            Midcontinent Independent System Operator, Inc.,
12            divided by 24 hours per day.
13                (iii) Market price index: The market price
14            index for a delivery year shall be the sum of
15            projected energy prices and projected capacity
16            prices determined as follows:
17                    (aa) Projected energy prices: the
18                projected energy prices for the applicable
19                delivery year shall be calculated once for the
20                year using the forward market price for the PJM
21                Interconnection, LLC Northern Illinois Hub.
22                The forward market price shall be calculated as
23                follows: the energy forward prices for each
24                month of the applicable delivery year averaged
25                for each trade date during the calendar year
26                immediately preceding that delivery year to

 

 

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1                produce a single energy forward price for the
2                delivery year. The forward market price
3                calculation shall use data published by the
4                Intercontinental Exchange, or its successor.
5                    (bb) Projected capacity prices:
6                        (I) For the delivery years commencing
7                    June 1, 2017, June 1, 2018, and June 1,
8                    2019, the projected capacity price shall
9                    be equal to the sum of (1) 50% multiplied
10                    by the Base Residual Auction, or its
11                    successor, price for the rest of the RTO
12                    zone group as determined by PJM
13                    Interconnection LLC, divided by 24 hours
14                    per day and, (2) 50% multiplied by the
15                    resource auction price determined in the
16                    resource auction administered by the
17                    Midcontinent Independent System Operator,
18                    Inc., in which the largest percentage of
19                    load cleared for Local Resource Zone 4,
20                    divided by 24 hours per day, and where such
21                    price is determined by the Midcontinent
22                    Independent System Operator, Inc.
23                        (II) For the delivery year commencing
24                    June 1, 2020, and each year thereafter, the
25                    projected capacity price shall be equal to
26                    the sum of (1) 50% multiplied by the Base

 

 

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1                    Residual Auction, or its successor, price
2                    for the ComEd zone as determined by PJM
3                    Interconnection LLC, divided by 24 hours
4                    per day, and (2) 50% multiplied by the
5                    resource auction price determined in the
6                    resource auction administered by the
7                    Midcontinent Independent System Operator,
8                    Inc., in which the largest percentage of
9                    load cleared for Local Resource Zone 4,
10                    divided by 24 hours per day, and where such
11                    price is determined by the Midcontinent
12                    Independent System Operator, Inc.
13            For purposes of this subsection (d-5):
14                "Rest of the RTO" and "ComEd Zone" shall have
15            the meaning ascribed to them by PJM
16            Interconnection, LLC.
17                "RTO" means regional transmission
18            organization.
19            (C) No later than 45 days after June 1, 2017 (the
20        effective date of Public Act 99-906) this amendatory
21        Act of the 99th General Assembly, the Agency shall
22        publish its proposed zero emission standard
23        procurement plan. The plan shall be consistent with the
24        provisions of this paragraph (1) and shall provide that
25        winning bids shall be selected based on public interest
26        criteria that include, but are not limited to,

 

 

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1        minimizing carbon dioxide emissions that result from
2        electricity consumed in Illinois and minimizing sulfur
3        dioxide, nitrogen oxide, and particulate matter
4        emissions that adversely affect the citizens of this
5        State. In particular, the selection of winning bids
6        shall take into account the incremental environmental
7        benefits resulting from the procurement, such as any
8        existing environmental benefits that are preserved by
9        the procurements held under Public Act 99-906 this
10        amendatory Act of the 99th General Assembly and would
11        cease to exist if the procurements were not held,
12        including the preservation of zero emission
13        facilities. The plan shall also describe in detail how
14        each public interest factor shall be considered and
15        weighted in the bid selection process to ensure that
16        the public interest criteria are applied to the
17        procurement and given full effect.
18            For purposes of developing the plan, the Agency
19        shall consider any reports issued by a State agency,
20        board, or commission under House Resolution 1146 of the
21        98th General Assembly and paragraph (4) of subsection
22        (d) of Section 1-75 of this Act, as well as publicly
23        available analyses and studies performed by or for
24        regional transmission organizations that serve the
25        State and their independent market monitors.
26            Upon publishing of the zero emission standard

 

 

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1        procurement plan, copies of the plan shall be posted
2        and made publicly available on the Agency's website.
3        All interested parties shall have 10 days following the
4        date of posting to provide comment to the Agency on the
5        plan. All comments shall be posted to the Agency's
6        website. Following the end of the comment period, but
7        no more than 60 days later than June 1, 2017 (the
8        effective date of Public Act 99-906) this amendatory
9        Act of the 99th General Assembly, the Agency shall
10        revise the plan as necessary based on the comments
11        received and file its zero emission standard
12        procurement plan with the Commission.
13            If the Commission determines that the plan will
14        result in the procurement of cost-effective zero
15        emission credits, then the Commission shall, after
16        notice and hearing, but no later than 45 days after the
17        Agency filed the plan, approve the plan or approve with
18        modification. For purposes of this subsection (d-5),
19        "cost effective" means the projected costs of
20        procuring zero emission credits from zero emission
21        facilities do not cause the limit stated in paragraph
22        (2) of this subsection to be exceeded.
23            (C-5) As part of the Commission's review and
24        acceptance or rejection of the procurement results,
25        the Commission shall, in its public notice of
26        successful bidders:

 

 

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1                (i) identify how the winning bids satisfy the
2            public interest criteria described in subparagraph
3            (C) of this paragraph (1) of minimizing carbon
4            dioxide emissions that result from electricity
5            consumed in Illinois and minimizing sulfur
6            dioxide, nitrogen oxide, and particulate matter
7            emissions that adversely affect the citizens of
8            this State;
9                (ii) specifically address how the selection of
10            winning bids takes into account the incremental
11            environmental benefits resulting from the
12            procurement, including any existing environmental
13            benefits that are preserved by the procurements
14            held under Public Act 99-906 this amendatory Act of
15            the 99th General Assembly and would have ceased to
16            exist if the procurements had not been held, such
17            as the preservation of zero emission facilities;
18                (iii) quantify the environmental benefit of
19            preserving the resources identified in item (ii)
20            of this subparagraph (C-5), including the
21            following:
22                    (aa) the value of avoided greenhouse gas
23                emissions measured as the product of the zero
24                emission facilities' output over the contract
25                term multiplied by the U.S. Environmental
26                Protection Agency eGrid subregion carbon

 

 

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1                dioxide emission rate and the U.S. Interagency
2                Working Group on Social Cost of Carbon's price
3                in the August 2016 Technical Update using a 3%
4                discount rate, adjusted for inflation for each
5                delivery year; and
6                    (bb) the costs of replacement with other
7                zero carbon dioxide resources, including wind
8                and photovoltaic, based upon the simple
9                average of the following:
10                        (I) the price, or if there is more than
11                    one price, the average of the prices, paid
12                    for renewable energy credits from new
13                    utility-scale wind projects in the
14                    procurement events specified in item (i)
15                    of subparagraph (G) of paragraph (1) of
16                    subsection (c) of Section 1-75 of this Act;
17                    and
18                        (II) the price, or if there is more
19                    than one price, the average of the prices,
20                    paid for renewable energy credits from new
21                    utility-scale solar projects and
22                    brownfield site photovoltaic projects in
23                    the procurement events specified in item
24                    (ii) of subparagraph (G) of paragraph (1)
25                    of subsection (c) of Section 1-75 of this
26                    Act and, after January 1, 2015, renewable

 

 

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1                    energy credits from photovoltaic
2                    distributed generation projects in
3                    procurement events held under subsection
4                    (c) of Section 1-75 of this Act.
5            Each utility shall enter into binding contractual
6        arrangements with the winning suppliers.
7            The procurement described in this subsection
8        (d-5), including, but not limited to, the execution of
9        all contracts procured, shall be completed no later
10        than May 10, 2017. Based on the effective date of
11        Public Act 99-906 this amendatory Act of the 99th
12        General Assembly, the Agency and Commission may, as
13        appropriate, modify the various dates and timelines
14        under this subparagraph and subparagraphs (C) and (D)
15        of this paragraph (1). The procurement and plan
16        approval processes required by this subsection (d-5)
17        shall be conducted in conjunction with the procurement
18        and plan approval processes required by subsection (c)
19        of this Section and Section 16-111.5 of the Public
20        Utilities Act, to the extent practicable.
21        Notwithstanding whether a procurement event is
22        conducted under Section 16-111.5 of the Public
23        Utilities Act, the Agency shall immediately initiate a
24        procurement process on June 1, 2017 (the effective date
25        of Public Act 99-906) this amendatory Act of the 99th
26        General Assembly.

 

 

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1            (D) Following the procurement event described in
2        this paragraph (1) and consistent with subparagraph
3        (B) of this paragraph (1), the Agency shall calculate
4        the payments to be made under each contract for the
5        next delivery year based on the market price index for
6        that delivery year. The Agency shall publish the
7        payment calculations no later than May 25, 2017 and
8        every May 25 thereafter.
9            (E) Notwithstanding the requirements of this
10        subsection (d-5), the contracts executed under this
11        subsection (d-5) shall provide that the zero emission
12        facility may, as applicable, suspend or terminate
13        performance under the contracts in the following
14        instances:
15                (i) A zero emission facility shall be excused
16            from its performance under the contract for any
17            cause beyond the control of the resource,
18            including, but not restricted to, acts of God,
19            flood, drought, earthquake, storm, fire,
20            lightning, epidemic, war, riot, civil disturbance
21            or disobedience, labor dispute, labor or material
22            shortage, sabotage, acts of public enemy,
23            explosions, orders, regulations or restrictions
24            imposed by governmental, military, or lawfully
25            established civilian authorities, which, in any of
26            the foregoing cases, by exercise of commercially

 

 

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1            reasonable efforts the zero emission facility
2            could not reasonably have been expected to avoid,
3            and which, by the exercise of commercially
4            reasonable efforts, it has been unable to
5            overcome. In such event, the zero emission
6            facility shall be excused from performance for the
7            duration of the event, including, but not limited
8            to, delivery of zero emission credits, and no
9            payment shall be due to the zero emission facility
10            during the duration of the event.
11                (ii) A zero emission facility shall be
12            permitted to terminate the contract if legislation
13            is enacted into law by the General Assembly that
14            imposes or authorizes a new tax, special
15            assessment, or fee on the generation of
16            electricity, the ownership or leasehold of a
17            generating unit, or the privilege or occupation of
18            such generation, ownership, or leasehold of
19            generation units by a zero emission facility.
20            However, the provisions of this item (ii) do not
21            apply to any generally applicable tax, special
22            assessment or fee, or requirements imposed by
23            federal law.
24                (iii) A zero emission facility shall be
25            permitted to terminate the contract in the event
26            that the resource requires capital expenditures in

 

 

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1            excess of $40,000,000 that were neither known nor
2            reasonably foreseeable at the time it executed the
3            contract and that a prudent owner or operator of
4            such resource would not undertake.
5                (iv) A zero emission facility shall be
6            permitted to terminate the contract in the event
7            the Nuclear Regulatory Commission terminates the
8            resource's license.
9            (F) If the zero emission facility elects to
10        terminate a contract under this subparagraph (E, of
11        this paragraph (1), then the Commission shall reopen
12        the docket in which the Commission approved the zero
13        emission standard procurement plan under subparagraph
14        (C) of this paragraph (1) and, after notice and
15        hearing, enter an order acknowledging the contract
16        termination election if such termination is consistent
17        with the provisions of this subsection (d-5).
18        (2) For purposes of this subsection (d-5), the amount
19    paid per kilowatthour means the total amount paid for
20    electric service expressed on a per kilowatthour basis. For
21    purposes of this subsection (d-5), the total amount paid
22    for electric service includes, without limitation, amounts
23    paid for supply, transmission, distribution, surcharges,
24    and add-on taxes.
25        Notwithstanding the requirements of this subsection
26    (d-5), the contracts executed under this subsection (d-5)

 

 

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1    shall provide that the total of zero emission credits
2    procured under a procurement plan shall be subject to the
3    limitations of this paragraph (2). For each delivery year,
4    the contractual volume receiving payments in such year
5    shall be reduced for all retail customers based on the
6    amount necessary to limit the net increase that delivery
7    year to the costs of those credits included in the amounts
8    paid by eligible retail customers in connection with
9    electric service to no more than 1.65% of the amount paid
10    per kilowatthour by eligible retail customers during the
11    year ending May 31, 2009. The result of this computation
12    shall apply to and reduce the procurement for all retail
13    customers, and all those customers shall pay the same
14    single, uniform cents per kilowatthour charge under
15    subsection (k) of Section 16-108 of the Public Utilities
16    Act. To arrive at a maximum dollar amount of zero emission
17    credits to be paid for the particular delivery year, the
18    resulting per kilowatthour amount shall be applied to the
19    actual amount of kilowatthours of electricity delivered by
20    the electric utility in the delivery year immediately prior
21    to the procurement, to all retail customers in its service
22    territory. Unpaid contractual volume for any delivery year
23    shall be paid in any subsequent delivery year in which such
24    payments can be made without exceeding the amount specified
25    in this paragraph (2). The calculations required by this
26    paragraph (2) shall be made only once for each procurement

 

 

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1    plan year. Once the determination as to the amount of zero
2    emission credits to be paid is made based on the
3    calculations set forth in this paragraph (2), no subsequent
4    rate impact determinations shall be made and no adjustments
5    to those contract amounts shall be allowed. All costs
6    incurred under those contracts and in implementing this
7    subsection (d-5) shall be recovered by the electric utility
8    as provided in this Section.
9        No later than June 30, 2019, the Commission shall
10    review the limitation on the amount of zero emission
11    credits procured under this subsection (d-5) and report to
12    the General Assembly its findings as to whether that
13    limitation unduly constrains the procurement of
14    cost-effective zero emission credits.
15        (3) Six years after the execution of a contract under
16    this subsection (d-5), the Agency shall determine whether
17    the actual zero emission credit payments received by the
18    supplier over the 6-year period exceed the Average ZEC
19    Payment. In addition, at the end of the term of a contract
20    executed under this subsection (d-5), or at the time, if
21    any, a zero emission facility's contract is terminated
22    under subparagraph (E) of paragraph (1) of this subsection
23    (d-5), then the Agency shall determine whether the actual
24    zero emission credit payments received by the supplier over
25    the term of the contract exceed the Average ZEC Payment,
26    after taking into account any amounts previously credited

 

 

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1    back to the utility under this paragraph (3). If the Agency
2    determines that the actual zero emission credit payments
3    received by the supplier over the relevant period exceed
4    the Average ZEC Payment, then the supplier shall credit the
5    difference back to the utility. The amount of the credit
6    shall be remitted to the applicable electric utility no
7    later than 120 days after the Agency's determination, which
8    the utility shall reflect as a credit on its retail
9    customer bills as soon as practicable; however, the credit
10    remitted to the utility shall not exceed the total amount
11    of payments received by the facility under its contract.
12        For purposes of this Section, the Average ZEC Payment
13    shall be calculated by multiplying the quantity of zero
14    emission credits delivered under the contract times the
15    average contract price. The average contract price shall be
16    determined by subtracting the amount calculated under
17    subparagraph (B) of this paragraph (3) from the amount
18    calculated under subparagraph (A) of this paragraph (3), as
19    follows:
20            (A) The average of the Social Cost of Carbon, as
21        defined in subparagraph (B) of paragraph (1) of this
22        subsection (d-5), during the term of the contract.
23            (B) The average of the market price indices, as
24        defined in subparagraph (B) of paragraph (1) of this
25        subsection (d-5), during the term of the contract,
26        minus the baseline market price index, as defined in

 

 

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1        subparagraph (B) of paragraph (1) of this subsection
2        (d-5).
3    If the subtraction yields a negative number, then the
4Average ZEC Payment shall be zero.
5        (4) Cost-effective zero emission credits procured from
6    zero emission facilities shall satisfy the applicable
7    definitions set forth in Section 1-10 of this Act.
8        (5) The electric utility shall retire all zero emission
9    credits used to comply with the requirements of this
10    subsection (d-5).
11        (6) Electric utilities shall be entitled to recover all
12    of the costs associated with the procurement of zero
13    emission credits through an automatic adjustment clause
14    tariff in accordance with subsection (k) and (m) of Section
15    16-108 of the Public Utilities Act, and the contracts
16    executed under this subsection (d-5) shall provide that the
17    utilities' payment obligations under such contracts shall
18    be reduced if an adjustment is required under subsection
19    (m) of Section 16-108 of the Public Utilities Act.
20        (7) This subsection (d-5) shall become inoperative on
21    January 1, 2028.
22    (e) The draft procurement plans are subject to public
23comment, as required by Section 16-111.5 of the Public
24Utilities Act.
25    (f) The Agency shall submit the final procurement plan to
26the Commission. The Agency shall revise a procurement plan if

 

 

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1the Commission determines that it does not meet the standards
2set forth in Section 16-111.5 of the Public Utilities Act.
3    (g) The Agency shall assess fees to each affected utility
4to recover the costs incurred in preparation of the annual
5procurement plan for the utility.
6    (h) The Agency shall assess fees to each bidder to recover
7the costs incurred in connection with a competitive procurement
8process.
9    (i) A renewable energy credit, carbon emission credit, or
10zero emission credit can only be used once to comply with a
11single portfolio or other standard as set forth in subsection
12(c), subsection (d), or subsection (d-5) of this Section,
13respectively. A renewable energy credit, carbon emission
14credit, or zero emission credit cannot be used to satisfy the
15requirements of more than one standard. If more than one type
16of credit is issued for the same megawatt hour of energy, only
17one credit can be used to satisfy the requirements of a single
18standard. After such use, the credit must be retired together
19with any other credits issued for the same megawatt hour of
20energy.
21(Source: P.A. 98-463, eff. 8-16-13; 99-536, eff. 7-8-16;
2299-906, eff. 6-1-17; revised 1-22-18.)
 
23    Section 130. The Illinois African-American Family
24Commission Act is amended by changing Section 15 as follows:
 

 

 

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1    (20 ILCS 3903/15)
2    Sec. 15. Purpose and objectives. (a) The purpose of the
3Illinois African-American Family Commission is to advise the
4Governor and General Assembly, as well as work directly with
5State agencies, to improve and expand existing policies,
6services, programs, and opportunities for African-American
7families. The Illinois African-American Family Commission
8shall guide the efforts of and collaborate with State agencies,
9including: the Department on Aging, the Department of Children
10and Family Services, the Department of Commerce and Economic
11Opportunity, the Department of Corrections, the Department of
12Human Services, the Department of Healthcare and Family
13Services, the Department of Public Health, the Department of
14Transportation, the Department of Employment Security, and
15others. This shall be achieved primarily by:
16        (1) monitoring and commenting on existing and proposed
17    legislation and programs designed to address the needs of
18    African-Americans in Illinois;
19        (2) assisting State agencies in developing programs,
20    services, public policies, and research strategies that
21    will expand and enhance the social and economic well-being
22    of African-American children and families;
23        (3) facilitating the participation of and
24    representation of African-Americans in the development,
25    implementation, and planning of policies, programs, and
26    services; and

 

 

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1        (4) promoting research efforts to document the impact
2    of policies and programs on African-American families.
3    The work of the Illinois African-American Family
4Commission shall include the use of existing reports, research
5and planning efforts, procedures, and programs.
6(Source: P.A. 98-693, eff. 1-1-15; revised 9-22-17.)
 
7    Section 140. The State Finance Act is amended by setting
8forth and renumbering multiple versions of Sections 5.875,
95.878, and 6z-102 and by amending Sections 8.3, 8.12, 8g, and
1013.2 as follows:
 
11    (30 ILCS 105/5.875)
12    Sec. 5.875. The Roadside Monarch Habitat Fund.
13(Source: P.A. 99-723, eff. 8-5-16; 100-201, eff. 8-18-17.)
 
14    (30 ILCS 105/5.877)
15    Sec. 5.877 5.875. The Horsemen's Council of Illinois Fund.
16(Source: P.A. 100-78, eff. 1-1-18; revised 10-11-17.)
 
17    (30 ILCS 105/5.878)
18    Sec. 5.878. The Healthy Local Food Incentives Fund.
19(Source: P.A. 99-928, eff. 1-20-17.)
 
20    (30 ILCS 105/5.879)
21    Sec. 5.879 5.878. The Income Tax Bond Fund.

 

 

HB5447 Enrolled- 295 -LRB100 16294 AMC 31417 b

1(Source: P.A. 100-23, eff. 7-6-17; revised 10-11-17.)
 
2    (30 ILCS 105/5.880)
3    Sec. 5.880 5.878. The Prostate Cancer Awareness Fund.
4(Source: P.A. 100-60, eff. 1-1-18; revised 10-11-17.)
 
5    (30 ILCS 105/5.881)
6    Sec. 5.881 5.878. The Thriving Youth Income Tax Checkoff
7Fund.
8(Source: P.A. 100-329, eff. 8-24-17; revised 10-11-17.)
 
9    (30 ILCS 105/5.882)
10    Sec. 5.882 5.878. The Police Training Academy Job Training
11Program and Scholarship Fund.
12(Source: P.A. 100-331, eff. 1-1-18; revised 10-11-17.)
 
13    (30 ILCS 105/5.883)
14    Sec. 5.883 5.878. The BHE Data and Research Cost Recovery
15Fund.
16(Source: P.A. 100-417, eff. 8-25-17; revised 10-11-17.)
 
17    (30 ILCS 105/5.884)
18    Sec. 5.884 5.878. The Rental Purchase Agreement Tax Refund
19Fund.
20(Source: P.A. 100-437, eff. 1-1-18; revised 10-11-17.)
 

 

 

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1    (30 ILCS 105/6z-102)
2    Sec. 6z-102. Thriving Youth Income Tax Checkoff Fund;
3creation. The Thriving Youth Income Tax Checkoff Fund is
4created as a special fund in the State treasury. Moneys in the
5Fund shall be used by the Department of Human Services for the
6purpose of making grants to providers delivering non-Medicaid
7services for community-based youth programs in the State.
8(Source: P.A. 100-329, eff. 8-24-17.)
 
9    (30 ILCS 105/6z-103)
10    Sec. 6z-103 6z-102. The Police Training Academy Job
11Training Program and Scholarship Fund.
12    (a) A Police Training Academy Job Training Program and
13Scholarship Fund is created as a special fund in the State
14treasury and shall be used to support program and scholarship
15activities of the police training academy job training and
16scholarship programs established under Section 22-83 of the
17School Code and Section 65.95 of the Higher Education Student
18Assistance Act. Moneys from fees, gifts, grants, and donations
19received by the State Board of Education and Illinois Student
20Assistance Commission for purposes of supporting these
21programs and scholarships shall be deposited into the Police
22Training Academy Job Training Program and Scholarship Fund.
23    (b) The State Board of Education; the Illinois Student
24Assistance Commission; and participating counties, school
25districts, and law enforcement partners may seek federal,

 

 

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1State, and private funds to support the police training academy
2job training and scholarship programs established under
3Section 22-83 of the School Code and Section 65.95 of the
4Higher Education Student Assistance Act.
5(Source: P.A. 100-331, eff. 1-1-18; revised 10-21-17.)
 
6    (30 ILCS 105/6z-104)
7    Sec. 6z-104 6z-102. The Rental Purchase Agreement Tax
8Refund Fund.
9    (a) The Rental Purchase Agreement Tax Refund Fund is hereby
10created as a special fund in the State treasury. Moneys in the
11Fund shall be used by the Department of Revenue to pay refunds
12of Rental Purchase Agreement Tax in the manner provided in
13Section 6 of the Retailers' Occupation Tax Act and Section 19
14of the Use Tax Act, as incorporated into Sections 10 and 15 of
15the Rental Purchase Agreement Tax Act.
16    (b) Moneys in the Rental Purchase Agreement Tax Refund Fund
17shall be expended exclusively for the purpose of paying refunds
18pursuant to this Section.
19    (c) The Director of Revenue shall order payment of refunds
20under this Section from the Rental Purchase Agreement Tax
21Refund Fund only to the extent that amounts collected pursuant
22to Sections 10 and 15 of the Rental Purchase Agreement
23Occupation and Use Tax Act have been deposited and retained in
24the Fund.
25    As soon as possible after the end of each fiscal year, the

 

 

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1Director of Revenue shall order transferred, and the State
2Treasurer and State Comptroller shall transfer from the Rental
3Purchase Agreement Tax Refund Fund to the General Revenue Fund,
4any surplus remaining as of the end of such fiscal year.
5    This Section shall constitute an irrevocable and
6continuing appropriation from the Rental Purchase Agreement
7Tax Refund Fund for the purpose of paying refunds in accordance
8with the provisions of this Section.
9(Source: P.A. 100-437, eff. 1-1-18; revised 10-21-17.)
 
10    (30 ILCS 105/8.3)  (from Ch. 127, par. 144.3)
11    Sec. 8.3. Money in the Road Fund shall, if and when the
12State of Illinois incurs any bonded indebtedness for the
13construction of permanent highways, be set aside and used for
14the purpose of paying and discharging annually the principal
15and interest on that bonded indebtedness then due and payable,
16and for no other purpose. The surplus, if any, in the Road Fund
17after the payment of principal and interest on that bonded
18indebtedness then annually due shall be used as follows:
19        first -- to pay the cost of administration of Chapters
20    2 through 10 of the Illinois Vehicle Code, except the cost
21    of administration of Articles I and II of Chapter 3 of that
22    Code; and
23        secondly -- for expenses of the Department of
24    Transportation for construction, reconstruction,
25    improvement, repair, maintenance, operation, and

 

 

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1    administration of highways in accordance with the
2    provisions of laws relating thereto, or for any purpose
3    related or incident to and connected therewith, including
4    the separation of grades of those highways with railroads
5    and with highways and including the payment of awards made
6    by the Illinois Workers' Compensation Commission under the
7    terms of the Workers' Compensation Act or Workers'
8    Occupational Diseases Act for injury or death of an
9    employee of the Division of Highways in the Department of
10    Transportation; or for the acquisition of land and the
11    erection of buildings for highway purposes, including the
12    acquisition of highway right-of-way or for investigations
13    to determine the reasonably anticipated future highway
14    needs; or for making of surveys, plans, specifications and
15    estimates for and in the construction and maintenance of
16    flight strips and of highways necessary to provide access
17    to military and naval reservations, to defense industries
18    and defense-industry sites, and to the sources of raw
19    materials and for replacing existing highways and highway
20    connections shut off from general public use at military
21    and naval reservations and defense-industry sites, or for
22    the purchase of right-of-way, except that the State shall
23    be reimbursed in full for any expense incurred in building
24    the flight strips; or for the operating and maintaining of
25    highway garages; or for patrolling and policing the public
26    highways and conserving the peace; or for the operating

 

 

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1    expenses of the Department relating to the administration
2    of public transportation programs; or, during fiscal year
3    2012 only, for the purposes of a grant not to exceed
4    $8,500,000 to the Regional Transportation Authority on
5    behalf of PACE for the purpose of ADA/Para-transit
6    expenses; or, during fiscal year 2013 only, for the
7    purposes of a grant not to exceed $3,825,000 to the
8    Regional Transportation Authority on behalf of PACE for the
9    purpose of ADA/Para-transit expenses; or, during fiscal
10    year 2014 only, for the purposes of a grant not to exceed
11    $3,825,000 to the Regional Transportation Authority on
12    behalf of PACE for the purpose of ADA/Para-transit
13    expenses; or, during fiscal year 2015 only, for the
14    purposes of a grant not to exceed $3,825,000 to the
15    Regional Transportation Authority on behalf of PACE for the
16    purpose of ADA/Para-transit expenses; or, during fiscal
17    year 2016 only, for the purposes of a grant not to exceed
18    $3,825,000 to the Regional Transportation Authority on
19    behalf of PACE for the purpose of ADA/Para-transit
20    expenses; or, during fiscal year 2017 only, for the
21    purposes of a grant not to exceed $3,825,000 to the
22    Regional Transportation Authority on behalf of PACE for the
23    purpose of ADA/Para-transit expenses; or for any of those
24    purposes or any other purpose that may be provided by law.
25    Appropriations for any of those purposes are payable from
26the Road Fund. Appropriations may also be made from the Road

 

 

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1Fund for the administrative expenses of any State agency that
2are related to motor vehicles or arise from the use of motor
3vehicles.
4    Beginning with fiscal year 1980 and thereafter, no Road
5Fund monies shall be appropriated to the following Departments
6or agencies of State government for administration, grants, or
7operations; but this limitation is not a restriction upon
8appropriating for those purposes any Road Fund monies that are
9eligible for federal reimbursement: ;
10        1. Department of Public Health;
11        2. Department of Transportation, only with respect to
12    subsidies for one-half fare Student Transportation and
13    Reduced Fare for Elderly, except during fiscal year 2012
14    only when no more than $40,000,000 may be expended and
15    except during fiscal year 2013 only when no more than
16    $17,570,300 may be expended and except during fiscal year
17    2014 only when no more than $17,570,000 may be expended and
18    except during fiscal year 2015 only when no more than
19    $17,570,000 may be expended and except during fiscal year
20    2016 only when no more than $17,570,000 may be expended and
21    except during fiscal year 2017 only when no more than
22    $17,570,000 may be expended;
23        3. Department of Central Management Services, except
24    for expenditures incurred for group insurance premiums of
25    appropriate personnel;
26        4. Judicial Systems and Agencies.

 

 

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1    Beginning with fiscal year 1981 and thereafter, no Road
2Fund monies shall be appropriated to the following Departments
3or agencies of State government for administration, grants, or
4operations; but this limitation is not a restriction upon
5appropriating for those purposes any Road Fund monies that are
6eligible for federal reimbursement:
7        1. Department of State Police, except for expenditures
8    with respect to the Division of Operations;
9        2. Department of Transportation, only with respect to
10    Intercity Rail Subsidies, except during fiscal year 2012
11    only when no more than $40,000,000 may be expended and
12    except during fiscal year 2013 only when no more than
13    $26,000,000 may be expended and except during fiscal year
14    2014 only when no more than $38,000,000 may be expended and
15    except during fiscal year 2015 only when no more than
16    $42,000,000 may be expended and except during fiscal year
17    2016 only when no more than $38,300,000 may be expended and
18    except during fiscal year 2017 only when no more than
19    $50,000,000 may be expended and except during fiscal year
20    2018 only when no more than $52,000,000 may be expended,
21    and Rail Freight Services.
22    Beginning with fiscal year 1982 and thereafter, no Road
23Fund monies shall be appropriated to the following Departments
24or agencies of State government for administration, grants, or
25operations; but this limitation is not a restriction upon
26appropriating for those purposes any Road Fund monies that are

 

 

HB5447 Enrolled- 303 -LRB100 16294 AMC 31417 b

1eligible for federal reimbursement: Department of Central
2Management Services, except for awards made by the Illinois
3Workers' Compensation Commission under the terms of the
4Workers' Compensation Act or Workers' Occupational Diseases
5Act for injury or death of an employee of the Division of
6Highways in the Department of Transportation.
7    Beginning with fiscal year 1984 and thereafter, no Road
8Fund monies shall be appropriated to the following Departments
9or agencies of State government for administration, grants, or
10operations; but this limitation is not a restriction upon
11appropriating for those purposes any Road Fund monies that are
12eligible for federal reimbursement:
13        1. Department of State Police, except not more than 40%
14    of the funds appropriated for the Division of Operations;
15        2. State Officers.
16    Beginning with fiscal year 1984 and thereafter, no Road
17Fund monies shall be appropriated to any Department or agency
18of State government for administration, grants, or operations
19except as provided hereafter; but this limitation is not a
20restriction upon appropriating for those purposes any Road Fund
21monies that are eligible for federal reimbursement. It shall
22not be lawful to circumvent the above appropriation limitations
23by governmental reorganization or other methods.
24Appropriations shall be made from the Road Fund only in
25accordance with the provisions of this Section.
26    Money in the Road Fund shall, if and when the State of

 

 

HB5447 Enrolled- 304 -LRB100 16294 AMC 31417 b

1Illinois incurs any bonded indebtedness for the construction of
2permanent highways, be set aside and used for the purpose of
3paying and discharging during each fiscal year the principal
4and interest on that bonded indebtedness as it becomes due and
5payable as provided in the Transportation Bond Act, and for no
6other purpose. The surplus, if any, in the Road Fund after the
7payment of principal and interest on that bonded indebtedness
8then annually due shall be used as follows:
9        first -- to pay the cost of administration of Chapters
10    2 through 10 of the Illinois Vehicle Code; and
11        secondly -- no Road Fund monies derived from fees,
12    excises, or license taxes relating to registration,
13    operation and use of vehicles on public highways or to
14    fuels used for the propulsion of those vehicles, shall be
15    appropriated or expended other than for costs of
16    administering the laws imposing those fees, excises, and
17    license taxes, statutory refunds and adjustments allowed
18    thereunder, administrative costs of the Department of
19    Transportation, including, but not limited to, the
20    operating expenses of the Department relating to the
21    administration of public transportation programs, payment
22    of debts and liabilities incurred in construction and
23    reconstruction of public highways and bridges, acquisition
24    of rights-of-way for and the cost of construction,
25    reconstruction, maintenance, repair, and operation of
26    public highways and bridges under the direction and

 

 

HB5447 Enrolled- 305 -LRB100 16294 AMC 31417 b

1    supervision of the State, political subdivision, or
2    municipality collecting those monies, or during fiscal
3    year 2012 only for the purposes of a grant not to exceed
4    $8,500,000 to the Regional Transportation Authority on
5    behalf of PACE for the purpose of ADA/Para-transit
6    expenses, or during fiscal year 2013 only for the purposes
7    of a grant not to exceed $3,825,000 to the Regional
8    Transportation Authority on behalf of PACE for the purpose
9    of ADA/Para-transit expenses, or during fiscal year 2014
10    only for the purposes of a grant not to exceed $3,825,000
11    to the Regional Transportation Authority on behalf of PACE
12    for the purpose of ADA/Para-transit expenses, or during
13    fiscal year 2015 only for the purposes of a grant not to
14    exceed $3,825,000 to the Regional Transportation Authority
15    on behalf of PACE for the purpose of ADA/Para-transit
16    expenses, or during fiscal year 2016 only for the purposes
17    of a grant not to exceed $3,825,000 to the Regional
18    Transportation Authority on behalf of PACE for the purpose
19    of ADA/Para-transit expenses, or during fiscal year 2017
20    only for the purposes of a grant not to exceed $3,825,000
21    to the Regional Transportation Authority on behalf of PACE
22    for the purpose of ADA/Para-transit expenses, and the costs
23    for patrolling and policing the public highways (by State,
24    political subdivision, or municipality collecting that
25    money) for enforcement of traffic laws. The separation of
26    grades of such highways with railroads and costs associated

 

 

HB5447 Enrolled- 306 -LRB100 16294 AMC 31417 b

1    with protection of at-grade highway and railroad crossing
2    shall also be permissible.
3    Appropriations for any of such purposes are payable from
4the Road Fund or the Grade Crossing Protection Fund as provided
5in Section 8 of the Motor Fuel Tax Law.
6    Except as provided in this paragraph, beginning with fiscal
7year 1991 and thereafter, no Road Fund monies shall be
8appropriated to the Department of State Police for the purposes
9of this Section in excess of its total fiscal year 1990 Road
10Fund appropriations for those purposes unless otherwise
11provided in Section 5g of this Act. For fiscal years 2003,
122004, 2005, 2006, and 2007 only, no Road Fund monies shall be
13appropriated to the Department of State Police for the purposes
14of this Section in excess of $97,310,000. For fiscal year 2008
15only, no Road Fund monies shall be appropriated to the
16Department of State Police for the purposes of this Section in
17excess of $106,100,000. For fiscal year 2009 only, no Road Fund
18monies shall be appropriated to the Department of State Police
19for the purposes of this Section in excess of $114,700,000.
20Beginning in fiscal year 2010, no road fund moneys shall be
21appropriated to the Department of State Police. It shall not be
22lawful to circumvent this limitation on appropriations by
23governmental reorganization or other methods unless otherwise
24provided in Section 5g of this Act.
25    In fiscal year 1994, no Road Fund monies shall be
26appropriated to the Secretary of State for the purposes of this

 

 

HB5447 Enrolled- 307 -LRB100 16294 AMC 31417 b

1Section in excess of the total fiscal year 1991 Road Fund
2appropriations to the Secretary of State for those purposes,
3plus $9,800,000. It shall not be lawful to circumvent this
4limitation on appropriations by governmental reorganization or
5other method.
6    Beginning with fiscal year 1995 and thereafter, no Road
7Fund monies shall be appropriated to the Secretary of State for
8the purposes of this Section in excess of the total fiscal year
91994 Road Fund appropriations to the Secretary of State for
10those purposes. It shall not be lawful to circumvent this
11limitation on appropriations by governmental reorganization or
12other methods.
13    Beginning with fiscal year 2000, total Road Fund
14appropriations to the Secretary of State for the purposes of
15this Section shall not exceed the amounts specified for the
16following fiscal years:
17    Fiscal Year 2000$80,500,000;
18    Fiscal Year 2001$80,500,000;
19    Fiscal Year 2002$80,500,000;
20    Fiscal Year 2003$130,500,000;
21    Fiscal Year 2004$130,500,000;
22    Fiscal Year 2005$130,500,000;
23    Fiscal Year 2006 $130,500,000;
24    Fiscal Year 2007 $130,500,000;
25    Fiscal Year 2008$130,500,000;
26    Fiscal Year 2009 $130,500,000.

 

 

HB5447 Enrolled- 308 -LRB100 16294 AMC 31417 b

1    For fiscal year 2010, no road fund moneys shall be
2appropriated to the Secretary of State.
3    Beginning in fiscal year 2011, moneys in the Road Fund
4shall be appropriated to the Secretary of State for the
5exclusive purpose of paying refunds due to overpayment of fees
6related to Chapter 3 of the Illinois Vehicle Code unless
7otherwise provided for by law.
8    It shall not be lawful to circumvent this limitation on
9appropriations by governmental reorganization or other
10methods.
11    No new program may be initiated in fiscal year 1991 and
12thereafter that is not consistent with the limitations imposed
13by this Section for fiscal year 1984 and thereafter, insofar as
14appropriation of Road Fund monies is concerned.
15    Nothing in this Section prohibits transfers from the Road
16Fund to the State Construction Account Fund under Section 5e of
17this Act; nor to the General Revenue Fund, as authorized by
18Public Act 93-25 this amendatory Act of the 93rd General
19Assembly.
20    The additional amounts authorized for expenditure in this
21Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
22shall be repaid to the Road Fund from the General Revenue Fund
23in the next succeeding fiscal year that the General Revenue
24Fund has a positive budgetary balance, as determined by
25generally accepted accounting principles applicable to
26government.

 

 

HB5447 Enrolled- 309 -LRB100 16294 AMC 31417 b

1    The additional amounts authorized for expenditure by the
2Secretary of State and the Department of State Police in this
3Section by Public Act 94-91 this amendatory Act of the 94th
4General Assembly shall be repaid to the Road Fund from the
5General Revenue Fund in the next succeeding fiscal year that
6the General Revenue Fund has a positive budgetary balance, as
7determined by generally accepted accounting principles
8applicable to government.
9(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17;
10revised 10-11-17.)
 
11    (30 ILCS 105/8.12)   (from Ch. 127, par. 144.12)
12    Sec. 8.12. State Pensions Fund.
13    (a) The moneys in the State Pensions Fund shall be used
14exclusively for the administration of the Revised Uniform
15Unclaimed Property Act and for the expenses incurred by the
16Auditor General for administering the provisions of Section
172-8.1 of the Illinois State Auditing Act and for operational
18expenses of the Office of the State Treasurer and for the
19funding of the unfunded liabilities of the designated
20retirement systems. Beginning in State fiscal year 2019,
21payments to the designated retirement systems under this
22Section shall be in addition to, and not in lieu of, any State
23contributions required under the Illinois Pension Code.
24    "Designated retirement systems" means:
25        (1) the State Employees' Retirement System of

 

 

HB5447 Enrolled- 310 -LRB100 16294 AMC 31417 b

1    Illinois;
2        (2) the Teachers' Retirement System of the State of
3    Illinois;
4        (3) the State Universities Retirement System;
5        (4) the Judges Retirement System of Illinois; and
6        (5) the General Assembly Retirement System.
7    (b) Each year the General Assembly may make appropriations
8from the State Pensions Fund for the administration of the
9Revised Uniform Unclaimed Property Act.
10    (c) As soon as possible after July 30, 2004 (the effective
11date of Public Act 93-839) this amendatory Act of the 93rd
12General Assembly, the General Assembly shall appropriate from
13the State Pensions Fund (1) to the State Universities
14Retirement System the amount certified under Section 15-165
15during the prior year, (2) to the Judges Retirement System of
16Illinois the amount certified under Section 18-140 during the
17prior year, and (3) to the General Assembly Retirement System
18the amount certified under Section 2-134 during the prior year
19as part of the required State contributions to each of those
20designated retirement systems; except that amounts
21appropriated under this subsection (c) in State fiscal year
222005 shall not reduce the amount in the State Pensions Fund
23below $5,000,000. If the amount in the State Pensions Fund does
24not exceed the sum of the amounts certified in Sections 15-165,
2518-140, and 2-134 by at least $5,000,000, the amount paid to
26each designated retirement system under this subsection shall

 

 

HB5447 Enrolled- 311 -LRB100 16294 AMC 31417 b

1be reduced in proportion to the amount certified by each of
2those designated retirement systems.
3    (c-5) For fiscal years 2006 through 2018, the General
4Assembly shall appropriate from the State Pensions Fund to the
5State Universities Retirement System the amount estimated to be
6available during the fiscal year in the State Pensions Fund;
7provided, however, that the amounts appropriated under this
8subsection (c-5) shall not reduce the amount in the State
9Pensions Fund below $5,000,000.
10    (c-6) For fiscal year 2019 and each fiscal year thereafter,
11as soon as may be practical after any money is deposited into
12the State Pensions Fund from the Unclaimed Property Trust Fund,
13the State Treasurer shall apportion the deposited amount among
14the designated retirement systems as defined in subsection (a)
15to reduce their actuarial reserve deficiencies. The State
16Comptroller and State Treasurer shall pay the apportioned
17amounts to the designated retirement systems to fund the
18unfunded liabilities of the designated retirement systems. The
19amount apportioned to each designated retirement system shall
20constitute a portion of the amount estimated to be available
21for appropriation from the State Pensions Fund that is the same
22as that retirement system's portion of the total actual reserve
23deficiency of the systems, as determined annually by the
24Governor's Office of Management and Budget at the request of
25the State Treasurer. The amounts apportioned under this
26subsection shall not reduce the amount in the State Pensions

 

 

HB5447 Enrolled- 312 -LRB100 16294 AMC 31417 b

1Fund below $5,000,000.
2    (d) The Governor's Office of Management and Budget shall
3determine the individual and total reserve deficiencies of the
4designated retirement systems. For this purpose, the
5Governor's Office of Management and Budget shall utilize the
6latest available audit and actuarial reports of each of the
7retirement systems and the relevant reports and statistics of
8the Public Employee Pension Fund Division of the Department of
9Insurance.
10    (d-1) As soon as practicable after March 5, 2004 (the
11effective date of Public Act 93-665) this amendatory Act of the
1293rd General Assembly, the Comptroller shall direct and the
13Treasurer shall transfer from the State Pensions Fund to the
14General Revenue Fund, as funds become available, a sum equal to
15the amounts that would have been paid from the State Pensions
16Fund to the Teachers' Retirement System of the State of
17Illinois, the State Universities Retirement System, the Judges
18Retirement System of Illinois, the General Assembly Retirement
19System, and the State Employees' Retirement System of Illinois
20after March 5, 2004 (the effective date of Public Act 93-665)
21this amendatory Act during the remainder of fiscal year 2004 to
22the designated retirement systems from the appropriations
23provided for in this Section if the transfers provided in
24Section 6z-61 had not occurred. The transfers described in this
25subsection (d-1) are to partially repay the General Revenue
26Fund for the costs associated with the bonds used to fund the

 

 

HB5447 Enrolled- 313 -LRB100 16294 AMC 31417 b

1moneys transferred to the designated retirement systems under
2Section 6z-61.
3    (e) The changes to this Section made by Public Act 88-593
4this amendatory Act of 1994 shall first apply to distributions
5from the Fund for State fiscal year 1996.
6(Source: P.A. 99-8, eff. 7-9-15; 99-78, eff. 7-20-15; 99-523,
7eff. 6-30-16; 100-22, eff. 1-1-18; 100-23, eff. 7-6-17; revised
88-8-17.)
 
9    (30 ILCS 105/8g)
10    Sec. 8g. Fund transfers.
11    (a) In addition to any other transfers that may be provided
12for by law, as soon as may be practical after June 9, 1999 (the
13effective date of Public Act 91-25), the State Comptroller
14shall direct and the State Treasurer shall transfer the sum of
15$10,000,000 from the General Revenue Fund to the Motor Vehicle
16License Plate Fund created by Public Act 91-37.
17    (b) In addition to any other transfers that may be provided
18for by law, as soon as may be practical after June 9, 1999 (the
19effective date of Public Act 91-25), the State Comptroller
20shall direct and the State Treasurer shall transfer the sum of
21$25,000,000 from the General Revenue Fund to the Fund for
22Illinois' Future created by Public Act 91-38.
23    (c) In addition to any other transfers that may be provided
24for by law, on August 30 of each fiscal year's license period,
25the Illinois Liquor Control Commission shall direct and the

 

 

HB5447 Enrolled- 314 -LRB100 16294 AMC 31417 b

1State Comptroller and State Treasurer shall transfer from the
2General Revenue Fund to the Youth Alcoholism and Substance
3Abuse Prevention Fund an amount equal to the number of retail
4liquor licenses issued for that fiscal year multiplied by $50.
5    (d) The payments to programs required under subsection (d)
6of Section 28.1 of the Illinois Horse Racing Act of 1975 shall
7be made, pursuant to appropriation, from the special funds
8referred to in the statutes cited in that subsection, rather
9than directly from the General Revenue Fund.
10    Beginning January 1, 2000, on the first day of each month,
11or as soon as may be practical thereafter, the State
12Comptroller shall direct and the State Treasurer shall transfer
13from the General Revenue Fund to each of the special funds from
14which payments are to be made under subsection (d) of Section
1528.1 of the Illinois Horse Racing Act of 1975 an amount equal
16to 1/12 of the annual amount required for those payments from
17that special fund, which annual amount shall not exceed the
18annual amount for those payments from that special fund for the
19calendar year 1998. The special funds to which transfers shall
20be made under this subsection (d) include, but are not
21necessarily limited to, the Agricultural Premium Fund; the
22Metropolitan Exposition, Auditorium and Office Building Fund;
23the Fair and Exposition Fund; the Illinois Standardbred
24Breeders Fund; the Illinois Thoroughbred Breeders Fund; and the
25Illinois Veterans' Rehabilitation Fund. Except for transfers
26attributable to prior fiscal years, during State fiscal year

 

 

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12018 only, no transfers shall be made from the General Revenue
2Fund to the Agricultural Premium Fund, the Fair and Exposition
3Fund, the Illinois Standardbred Breeders Fund, or the Illinois
4Thoroughbred Breeders Fund.
5    (e) In addition to any other transfers that may be provided
6for by law, as soon as may be practical after May 17, 2000 (the
7effective date of Public Act 91-704), but in no event later
8than June 30, 2000, the State Comptroller shall direct and the
9State Treasurer shall transfer the sum of $15,000,000 from the
10General Revenue Fund to the Fund for Illinois' Future.
11    (f) In addition to any other transfers that may be provided
12for by law, as soon as may be practical after May 17, 2000 (the
13effective date of Public Act 91-704), but in no event later
14than June 30, 2000, the State Comptroller shall direct and the
15State Treasurer shall transfer the sum of $70,000,000 from the
16General Revenue Fund to the Long-Term Care Provider Fund.
17    (f-1) In fiscal year 2002, in addition to any other
18transfers that may be provided for by law, at the direction of
19and upon notification from the Governor, the State Comptroller
20shall direct and the State Treasurer shall transfer amounts not
21exceeding a total of $160,000,000 from the General Revenue Fund
22to the Long-Term Care Provider Fund.
23    (g) In addition to any other transfers that may be provided
24for by law, on July 1, 2001, or as soon thereafter as may be
25practical, the State Comptroller shall direct and the State
26Treasurer shall transfer the sum of $1,200,000 from the General

 

 

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1Revenue Fund to the Violence Prevention Fund.
2    (h) In each of fiscal years 2002 through 2004, but not
3thereafter, in addition to any other transfers that may be
4provided for by law, the State Comptroller shall direct and the
5State Treasurer shall transfer $5,000,000 from the General
6Revenue Fund to the Tourism Promotion Fund.
7    (i) On or after July 1, 2001 and until May 1, 2002, in
8addition to any other transfers that may be provided for by
9law, at the direction of and upon notification from the
10Governor, the State Comptroller shall direct and the State
11Treasurer shall transfer amounts not exceeding a total of
12$80,000,000 from the General Revenue Fund to the Tobacco
13Settlement Recovery Fund. Any amounts so transferred shall be
14re-transferred by the State Comptroller and the State Treasurer
15from the Tobacco Settlement Recovery Fund to the General
16Revenue Fund at the direction of and upon notification from the
17Governor, but in any event on or before June 30, 2002.
18    (i-1) On or after July 1, 2002 and until May 1, 2003, in
19addition to any other transfers that may be provided for by
20law, at the direction of and upon notification from the
21Governor, the State Comptroller shall direct and the State
22Treasurer shall transfer amounts not exceeding a total of
23$80,000,000 from the General Revenue Fund to the Tobacco
24Settlement Recovery Fund. Any amounts so transferred shall be
25re-transferred by the State Comptroller and the State Treasurer
26from the Tobacco Settlement Recovery Fund to the General

 

 

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1Revenue Fund at the direction of and upon notification from the
2Governor, but in any event on or before June 30, 2003.
3    (j) On or after July 1, 2001 and no later than June 30,
42002, in addition to any other transfers that may be provided
5for by law, at the direction of and upon notification from the
6Governor, the State Comptroller shall direct and the State
7Treasurer shall transfer amounts not to exceed the following
8sums into the Statistical Services Revolving Fund:
9    From the General Revenue Fund.................$8,450,000
10    From the Public Utility Fund..................1,700,000
11    From the Transportation Regulatory Fund.......2,650,000
12    From the Title III Social Security and
13     Employment Fund..............................3,700,000
14    From the Professions Indirect Cost Fund.......4,050,000
15    From the Underground Storage Tank Fund........550,000
16    From the Agricultural Premium Fund............750,000
17    From the State Pensions Fund..................200,000
18    From the Road Fund............................2,000,000
19    From the Illinois Health Facilities
20     Planning Fund................................1,000,000
21    From the Savings and Residential Finance
22     Regulatory Fund..............................130,800
23    From the Appraisal Administration Fund........28,600
24    From the Pawnbroker Regulation Fund...........3,600
25    From the Auction Regulation
26     Administration Fund..........................35,800

 

 

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1    From the Bank and Trust Company Fund..........634,800
2    From the Real Estate License
3     Administration Fund..........................313,600
4    (k) In addition to any other transfers that may be provided
5for by law, as soon as may be practical after December 20, 2001
6(the effective date of Public Act 92-505), the State
7Comptroller shall direct and the State Treasurer shall transfer
8the sum of $2,000,000 from the General Revenue Fund to the
9Teachers Health Insurance Security Fund.
10    (k-1) In addition to any other transfers that may be
11provided for by law, on July 1, 2002, or as soon as may be
12practical thereafter, the State Comptroller shall direct and
13the State Treasurer shall transfer the sum of $2,000,000 from
14the General Revenue Fund to the Teachers Health Insurance
15Security Fund.
16    (k-2) In addition to any other transfers that may be
17provided for by law, on July 1, 2003, or as soon as may be
18practical thereafter, the State Comptroller shall direct and
19the State Treasurer shall transfer the sum of $2,000,000 from
20the General Revenue Fund to the Teachers Health Insurance
21Security Fund.
22    (k-3) On or after July 1, 2002 and no later than June 30,
232003, in addition to any other transfers that may be provided
24for by law, at the direction of and upon notification from the
25Governor, the State Comptroller shall direct and the State
26Treasurer shall transfer amounts not to exceed the following

 

 

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1sums into the Statistical Services Revolving Fund:
2    Appraisal Administration Fund.................$150,000
3    General Revenue Fund..........................10,440,000
4    Savings and Residential Finance
5        Regulatory Fund...........................200,000
6    State Pensions Fund...........................100,000
7    Bank and Trust Company Fund...................100,000
8    Professions Indirect Cost Fund................3,400,000
9    Public Utility Fund...........................2,081,200
10    Real Estate License Administration Fund.......150,000
11    Title III Social Security and
12        Employment Fund...........................1,000,000
13    Transportation Regulatory Fund................3,052,100
14    Underground Storage Tank Fund.................50,000
15    (l) In addition to any other transfers that may be provided
16for by law, on July 1, 2002, or as soon as may be practical
17thereafter, the State Comptroller shall direct and the State
18Treasurer shall transfer the sum of $3,000,000 from the General
19Revenue Fund to the Presidential Library and Museum Operating
20Fund.
21    (m) In addition to any other transfers that may be provided
22for by law, on July 1, 2002 and on January 8, 2004 (the
23effective date of Public Act 93-648), or as soon thereafter as
24may be practical, the State Comptroller shall direct and the
25State Treasurer shall transfer the sum of $1,200,000 from the
26General Revenue Fund to the Violence Prevention Fund.

 

 

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1    (n) In addition to any other transfers that may be provided
2for by law, on July 1, 2003, or as soon thereafter as may be
3practical, the State Comptroller shall direct and the State
4Treasurer shall transfer the sum of $6,800,000 from the General
5Revenue Fund to the DHS Recoveries Trust Fund.
6    (o) On or after July 1, 2003, and no later than June 30,
72004, in addition to any other transfers that may be provided
8for by law, at the direction of and upon notification from the
9Governor, the State Comptroller shall direct and the State
10Treasurer shall transfer amounts not to exceed the following
11sums into the Vehicle Inspection Fund:
12    From the Underground Storage Tank Fund .......$35,000,000.
13    (p) On or after July 1, 2003 and until May 1, 2004, in
14addition to any other transfers that may be provided for by
15law, at the direction of and upon notification from the
16Governor, the State Comptroller shall direct and the State
17Treasurer shall transfer amounts not exceeding a total of
18$80,000,000 from the General Revenue Fund to the Tobacco
19Settlement Recovery Fund. Any amounts so transferred shall be
20re-transferred from the Tobacco Settlement Recovery Fund to the
21General Revenue Fund at the direction of and upon notification
22from the Governor, but in any event on or before June 30, 2004.
23    (q) In addition to any other transfers that may be provided
24for by law, on July 1, 2003, or as soon as may be practical
25thereafter, the State Comptroller shall direct and the State
26Treasurer shall transfer the sum of $5,000,000 from the General

 

 

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1Revenue Fund to the Illinois Military Family Relief Fund.
2    (r) In addition to any other transfers that may be provided
3for by law, on July 1, 2003, or as soon as may be practical
4thereafter, the State Comptroller shall direct and the State
5Treasurer shall transfer the sum of $1,922,000 from the General
6Revenue Fund to the Presidential Library and Museum Operating
7Fund.
8    (s) In addition to any other transfers that may be provided
9for by law, on or after July 1, 2003, the State Comptroller
10shall direct and the State Treasurer shall transfer the sum of
11$4,800,000 from the Statewide Economic Development Fund to the
12General Revenue Fund.
13    (t) In addition to any other transfers that may be provided
14for by law, on or after July 1, 2003, the State Comptroller
15shall direct and the State Treasurer shall transfer the sum of
16$50,000,000 from the General Revenue Fund to the Budget
17Stabilization Fund.
18    (u) On or after July 1, 2004 and until May 1, 2005, in
19addition to any other transfers that may be provided for by
20law, at the direction of and upon notification from the
21Governor, the State Comptroller shall direct and the State
22Treasurer shall transfer amounts not exceeding a total of
23$80,000,000 from the General Revenue Fund to the Tobacco
24Settlement Recovery Fund. Any amounts so transferred shall be
25retransferred by the State Comptroller and the State Treasurer
26from the Tobacco Settlement Recovery Fund to the General

 

 

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1Revenue Fund at the direction of and upon notification from the
2Governor, but in any event on or before June 30, 2005.
3    (v) In addition to any other transfers that may be provided
4for by law, on July 1, 2004, or as soon thereafter as may be
5practical, the State Comptroller shall direct and the State
6Treasurer shall transfer the sum of $1,200,000 from the General
7Revenue Fund to the Violence Prevention Fund.
8    (w) In addition to any other transfers that may be provided
9for by law, on July 1, 2004, or as soon thereafter as may be
10practical, the State Comptroller shall direct and the State
11Treasurer shall transfer the sum of $6,445,000 from the General
12Revenue Fund to the Presidential Library and Museum Operating
13Fund.
14    (x) In addition to any other transfers that may be provided
15for by law, on January 15, 2005, or as soon thereafter as may
16be practical, the State Comptroller shall direct and the State
17Treasurer shall transfer to the General Revenue Fund the
18following sums:
19        From the State Crime Laboratory Fund, $200,000;
20        From the State Police Wireless Service Emergency Fund,
21    $200,000;
22        From the State Offender DNA Identification System
23    Fund, $800,000; and
24        From the State Police Whistleblower Reward and
25    Protection Fund, $500,000.
26    (y) Notwithstanding any other provision of law to the

 

 

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1contrary, in addition to any other transfers that may be
2provided for by law on June 30, 2005, or as soon as may be
3practical thereafter, the State Comptroller shall direct and
4the State Treasurer shall transfer the remaining balance from
5the designated funds into the General Revenue Fund and any
6future deposits that would otherwise be made into these funds
7must instead be made into the General Revenue Fund:
8        (1) the Keep Illinois Beautiful Fund;
9        (2) the Metropolitan Fair and Exposition Authority
10    Reconstruction Fund;
11        (3) the New Technology Recovery Fund;
12        (4) the Illinois Rural Bond Bank Trust Fund;
13        (5) the ISBE School Bus Driver Permit Fund;
14        (6) the Solid Waste Management Revolving Loan Fund;
15        (7) the State Postsecondary Review Program Fund;
16        (8) the Tourism Attraction Development Matching Grant
17    Fund;
18        (9) the Patent and Copyright Fund;
19        (10) the Credit Enhancement Development Fund;
20        (11) the Community Mental Health and Developmental
21    Disabilities Services Provider Participation Fee Trust
22    Fund;
23        (12) the Nursing Home Grant Assistance Fund;
24        (13) the By-product Material Safety Fund;
25        (14) the Illinois Student Assistance Commission Higher
26    EdNet Fund;

 

 

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1        (15) the DORS State Project Fund;
2        (16) the School Technology Revolving Fund;
3        (17) the Energy Assistance Contribution Fund;
4        (18) the Illinois Building Commission Revolving Fund;
5        (19) the Illinois Aquaculture Development Fund;
6        (20) the Homelessness Prevention Fund;
7        (21) the DCFS Refugee Assistance Fund;
8        (22) the Illinois Century Network Special Purposes
9    Fund; and
10        (23) the Build Illinois Purposes Fund.
11    (z) In addition to any other transfers that may be provided
12for by law, on July 1, 2005, or as soon as may be practical
13thereafter, the State Comptroller shall direct and the State
14Treasurer shall transfer the sum of $1,200,000 from the General
15Revenue Fund to the Violence Prevention Fund.
16    (aa) In addition to any other transfers that may be
17provided for by law, on July 1, 2005, or as soon as may be
18practical thereafter, the State Comptroller shall direct and
19the State Treasurer shall transfer the sum of $9,000,000 from
20the General Revenue Fund to the Presidential Library and Museum
21Operating Fund.
22    (bb) In addition to any other transfers that may be
23provided for by law, on July 1, 2005, or as soon as may be
24practical thereafter, the State Comptroller shall direct and
25the State Treasurer shall transfer the sum of $6,803,600 from
26the General Revenue Fund to the Securities Audit and

 

 

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1Enforcement Fund.
2    (cc) In addition to any other transfers that may be
3provided for by law, on or after July 1, 2005 and until May 1,
42006, at the direction of and upon notification from the
5Governor, the State Comptroller shall direct and the State
6Treasurer shall transfer amounts not exceeding a total of
7$80,000,000 from the General Revenue Fund to the Tobacco
8Settlement Recovery Fund. Any amounts so transferred shall be
9re-transferred by the State Comptroller and the State Treasurer
10from the Tobacco Settlement Recovery Fund to the General
11Revenue Fund at the direction of and upon notification from the
12Governor, but in any event on or before June 30, 2006.
13    (dd) In addition to any other transfers that may be
14provided for by law, on April 1, 2005, or as soon thereafter as
15may be practical, at the direction of the Director of Public
16Aid (now Director of Healthcare and Family Services), the State
17Comptroller shall direct and the State Treasurer shall transfer
18from the Public Aid Recoveries Trust Fund amounts not to exceed
19$14,000,000 to the Community Mental Health Medicaid Trust Fund.
20    (ee) Notwithstanding any other provision of law, on July 1,
212006, or as soon thereafter as practical, the State Comptroller
22shall direct and the State Treasurer shall transfer the
23remaining balance from the Illinois Civic Center Bond Fund to
24the Illinois Civic Center Bond Retirement and Interest Fund.
25    (ff) In addition to any other transfers that may be
26provided for by law, on and after July 1, 2006 and until June

 

 

HB5447 Enrolled- 326 -LRB100 16294 AMC 31417 b

130, 2007, at the direction of and upon notification from the
2Director of the Governor's Office of Management and Budget, the
3State Comptroller shall direct and the State Treasurer shall
4transfer amounts not exceeding a total of $1,900,000 from the
5General Revenue Fund to the Illinois Capital Revolving Loan
6Fund.
7    (gg) In addition to any other transfers that may be
8provided for by law, on and after July 1, 2006 and until May 1,
92007, at the direction of and upon notification from the
10Governor, the State Comptroller shall direct and the State
11Treasurer shall transfer amounts not exceeding a total of
12$80,000,000 from the General Revenue Fund to the Tobacco
13Settlement Recovery Fund. Any amounts so transferred shall be
14retransferred by the State Comptroller and the State Treasurer
15from the Tobacco Settlement Recovery Fund to the General
16Revenue Fund at the direction of and upon notification from the
17Governor, but in any event on or before June 30, 2007.
18    (hh) In addition to any other transfers that may be
19provided for by law, on and after July 1, 2006 and until June
2030, 2007, at the direction of and upon notification from the
21Governor, the State Comptroller shall direct and the State
22Treasurer shall transfer amounts from the Illinois Affordable
23Housing Trust Fund to the designated funds not exceeding the
24following amounts:
25    DCFS Children's Services Fund.................$2,200,000
26    Department of Corrections Reimbursement

 

 

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1        and Education Fund........................$1,500,000
2    Supplemental Low-Income Energy
3        Assistance Fund..............................$75,000
4    (ii) In addition to any other transfers that may be
5provided for by law, on or before August 31, 2006, the Governor
6and the State Comptroller may agree to transfer the surplus
7cash balance from the General Revenue Fund to the Budget
8Stabilization Fund and the Pension Stabilization Fund in equal
9proportions. The determination of the amount of the surplus
10cash balance shall be made by the Governor, with the
11concurrence of the State Comptroller, after taking into account
12the June 30, 2006 balances in the general funds and the actual
13or estimated spending from the general funds during the lapse
14period. Notwithstanding the foregoing, the maximum amount that
15may be transferred under this subsection (ii) is $50,000,000.
16    (jj) In addition to any other transfers that may be
17provided for by law, on July 1, 2006, or as soon thereafter as
18practical, the State Comptroller shall direct and the State
19Treasurer shall transfer the sum of $8,250,000 from the General
20Revenue Fund to the Presidential Library and Museum Operating
21Fund.
22    (kk) In addition to any other transfers that may be
23provided for by law, on July 1, 2006, or as soon thereafter as
24practical, the State Comptroller shall direct and the State
25Treasurer shall transfer the sum of $1,400,000 from the General
26Revenue Fund to the Violence Prevention Fund.

 

 

HB5447 Enrolled- 328 -LRB100 16294 AMC 31417 b

1    (ll) In addition to any other transfers that may be
2provided for by law, on the first day of each calendar quarter
3of the fiscal year beginning July 1, 2006, or as soon
4thereafter as practical, the State Comptroller shall direct and
5the State Treasurer shall transfer from the General Revenue
6Fund amounts equal to one-fourth of $20,000,000 to the
7Renewable Energy Resources Trust Fund.
8    (mm) In addition to any other transfers that may be
9provided for by law, on July 1, 2006, or as soon thereafter as
10practical, the State Comptroller shall direct and the State
11Treasurer shall transfer the sum of $1,320,000 from the General
12Revenue Fund to the I-FLY Fund.
13    (nn) In addition to any other transfers that may be
14provided for by law, on July 1, 2006, or as soon thereafter as
15practical, the State Comptroller shall direct and the State
16Treasurer shall transfer the sum of $3,000,000 from the General
17Revenue Fund to the African-American HIV/AIDS Response Fund.
18    (oo) In addition to any other transfers that may be
19provided for by law, on and after July 1, 2006 and until June
2030, 2007, at the direction of and upon notification from the
21Governor, the State Comptroller shall direct and the State
22Treasurer shall transfer amounts identified as net receipts
23from the sale of all or part of the Illinois Student Assistance
24Commission loan portfolio from the Student Loan Operating Fund
25to the General Revenue Fund. The maximum amount that may be
26transferred pursuant to this Section is $38,800,000. In

 

 

HB5447 Enrolled- 329 -LRB100 16294 AMC 31417 b

1addition, no transfer may be made pursuant to this Section that
2would have the effect of reducing the available balance in the
3Student Loan Operating Fund to an amount less than the amount
4remaining unexpended and unreserved from the total
5appropriations from the Fund estimated to be expended for the
6fiscal year. The State Treasurer and Comptroller shall transfer
7the amounts designated under this Section as soon as may be
8practical after receiving the direction to transfer from the
9Governor.
10    (pp) In addition to any other transfers that may be
11provided for by law, on July 1, 2006, or as soon thereafter as
12practical, the State Comptroller shall direct and the State
13Treasurer shall transfer the sum of $2,000,000 from the General
14Revenue Fund to the Illinois Veterans Assistance Fund.
15    (qq) In addition to any other transfers that may be
16provided for by law, on and after July 1, 2007 and until May 1,
172008, at the direction of and upon notification from the
18Governor, the State Comptroller shall direct and the State
19Treasurer shall transfer amounts not exceeding a total of
20$80,000,000 from the General Revenue Fund to the Tobacco
21Settlement Recovery Fund. Any amounts so transferred shall be
22retransferred by the State Comptroller and the State Treasurer
23from the Tobacco Settlement Recovery Fund to the General
24Revenue Fund at the direction of and upon notification from the
25Governor, but in any event on or before June 30, 2008.
26    (rr) In addition to any other transfers that may be

 

 

HB5447 Enrolled- 330 -LRB100 16294 AMC 31417 b

1provided for by law, on and after July 1, 2007 and until June
230, 2008, at the direction of and upon notification from the
3Governor, the State Comptroller shall direct and the State
4Treasurer shall transfer amounts from the Illinois Affordable
5Housing Trust Fund to the designated funds not exceeding the
6following amounts:
7    DCFS Children's Services Fund.................$2,200,000
8    Department of Corrections Reimbursement
9        and Education Fund........................$1,500,000
10    Supplemental Low-Income Energy
11        Assistance Fund..............................$75,000
12    (ss) In addition to any other transfers that may be
13provided for by law, on July 1, 2007, or as soon thereafter as
14practical, the State Comptroller shall direct and the State
15Treasurer shall transfer the sum of $8,250,000 from the General
16Revenue Fund to the Presidential Library and Museum Operating
17Fund.
18    (tt) In addition to any other transfers that may be
19provided for by law, on July 1, 2007, or as soon thereafter as
20practical, the State Comptroller shall direct and the State
21Treasurer shall transfer the sum of $1,400,000 from the General
22Revenue Fund to the Violence Prevention Fund.
23    (uu) In addition to any other transfers that may be
24provided for by law, on July 1, 2007, or as soon thereafter as
25practical, the State Comptroller shall direct and the State
26Treasurer shall transfer the sum of $1,320,000 from the General

 

 

HB5447 Enrolled- 331 -LRB100 16294 AMC 31417 b

1Revenue Fund to the I-FLY Fund.
2    (vv) In addition to any other transfers that may be
3provided for by law, on July 1, 2007, or as soon thereafter as
4practical, the State Comptroller shall direct and the State
5Treasurer shall transfer the sum of $3,000,000 from the General
6Revenue Fund to the African-American HIV/AIDS Response Fund.
7    (ww) In addition to any other transfers that may be
8provided for by law, on July 1, 2007, or as soon thereafter as
9practical, the State Comptroller shall direct and the State
10Treasurer shall transfer the sum of $3,500,000 from the General
11Revenue Fund to the Predatory Lending Database Program Fund.
12    (xx) In addition to any other transfers that may be
13provided for by law, on July 1, 2007, or as soon thereafter as
14practical, the State Comptroller shall direct and the State
15Treasurer shall transfer the sum of $5,000,000 from the General
16Revenue Fund to the Digital Divide Elimination Fund.
17    (yy) In addition to any other transfers that may be
18provided for by law, on July 1, 2007, or as soon thereafter as
19practical, the State Comptroller shall direct and the State
20Treasurer shall transfer the sum of $4,000,000 from the General
21Revenue Fund to the Digital Divide Elimination Infrastructure
22Fund.
23    (zz) In addition to any other transfers that may be
24provided for by law, on July 1, 2008, or as soon thereafter as
25practical, the State Comptroller shall direct and the State
26Treasurer shall transfer the sum of $5,000,000 from the General

 

 

HB5447 Enrolled- 332 -LRB100 16294 AMC 31417 b

1Revenue Fund to the Digital Divide Elimination Fund.
2    (aaa) In addition to any other transfers that may be
3provided for by law, on and after July 1, 2008 and until May 1,
42009, at the direction of and upon notification from the
5Governor, the State Comptroller shall direct and the State
6Treasurer shall transfer amounts not exceeding a total of
7$80,000,000 from the General Revenue Fund to the Tobacco
8Settlement Recovery Fund. Any amounts so transferred shall be
9retransferred by the State Comptroller and the State Treasurer
10from the Tobacco Settlement Recovery Fund to the General
11Revenue Fund at the direction of and upon notification from the
12Governor, but in any event on or before June 30, 2009.
13    (bbb) In addition to any other transfers that may be
14provided for by law, on and after July 1, 2008 and until June
1530, 2009, at the direction of and upon notification from the
16Governor, the State Comptroller shall direct and the State
17Treasurer shall transfer amounts from the Illinois Affordable
18Housing Trust Fund to the designated funds not exceeding the
19following amounts:
20        DCFS Children's Services Fund.............$2,200,000
21        Department of Corrections Reimbursement
22        and Education Fund........................$1,500,000
23        Supplemental Low-Income Energy
24        Assistance Fund..............................$75,000
25    (ccc) In addition to any other transfers that may be
26provided for by law, on July 1, 2008, or as soon thereafter as

 

 

HB5447 Enrolled- 333 -LRB100 16294 AMC 31417 b

1practical, the State Comptroller shall direct and the State
2Treasurer shall transfer the sum of $7,450,000 from the General
3Revenue Fund to the Presidential Library and Museum Operating
4Fund.
5    (ddd) In addition to any other transfers that may be
6provided for by law, on July 1, 2008, or as soon thereafter as
7practical, the State Comptroller shall direct and the State
8Treasurer shall transfer the sum of $1,400,000 from the General
9Revenue Fund to the Violence Prevention Fund.
10    (eee) In addition to any other transfers that may be
11provided for by law, on July 1, 2009, or as soon thereafter as
12practical, the State Comptroller shall direct and the State
13Treasurer shall transfer the sum of $5,000,000 from the General
14Revenue Fund to the Digital Divide Elimination Fund.
15    (fff) In addition to any other transfers that may be
16provided for by law, on and after July 1, 2009 and until May 1,
172010, at the direction of and upon notification from the
18Governor, the State Comptroller shall direct and the State
19Treasurer shall transfer amounts not exceeding a total of
20$80,000,000 from the General Revenue Fund to the Tobacco
21Settlement Recovery Fund. Any amounts so transferred shall be
22retransferred by the State Comptroller and the State Treasurer
23from the Tobacco Settlement Recovery Fund to the General
24Revenue Fund at the direction of and upon notification from the
25Governor, but in any event on or before June 30, 2010.
26    (ggg) In addition to any other transfers that may be

 

 

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1provided for by law, on July 1, 2009, or as soon thereafter as
2practical, the State Comptroller shall direct and the State
3Treasurer shall transfer the sum of $7,450,000 from the General
4Revenue Fund to the Presidential Library and Museum Operating
5Fund.
6    (hhh) In addition to any other transfers that may be
7provided for by law, on July 1, 2009, or as soon thereafter as
8practical, the State Comptroller shall direct and the State
9Treasurer shall transfer the sum of $1,400,000 from the General
10Revenue Fund to the Violence Prevention Fund.
11    (iii) In addition to any other transfers that may be
12provided for by law, on July 1, 2009, or as soon thereafter as
13practical, the State Comptroller shall direct and the State
14Treasurer shall transfer the sum of $100,000 from the General
15Revenue Fund to the Heartsaver AED Fund.
16    (jjj) In addition to any other transfers that may be
17provided for by law, on and after July 1, 2009 and until June
1830, 2010, at the direction of and upon notification from the
19Governor, the State Comptroller shall direct and the State
20Treasurer shall transfer amounts not exceeding a total of
21$17,000,000 from the General Revenue Fund to the DCFS
22Children's Services Fund.
23    (lll) In addition to any other transfers that may be
24provided for by law, on July 1, 2009, or as soon thereafter as
25practical, the State Comptroller shall direct and the State
26Treasurer shall transfer the sum of $5,000,000 from the General

 

 

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1Revenue Fund to the Communications Revolving Fund.
2    (mmm) In addition to any other transfers that may be
3provided for by law, on July 1, 2009, or as soon thereafter as
4practical, the State Comptroller shall direct and the State
5Treasurer shall transfer the sum of $9,700,000 from the General
6Revenue Fund to the Senior Citizens Real Estate Deferred Tax
7Revolving Fund.
8    (nnn) In addition to any other transfers that may be
9provided for by law, on July 1, 2009, or as soon thereafter as
10practical, the State Comptroller shall direct and the State
11Treasurer shall transfer the sum of $565,000 from the FY09
12Budget Relief Fund to the Horse Racing Fund.
13    (ooo) In addition to any other transfers that may be
14provided by law, on July 1, 2009, or as soon thereafter as
15practical, the State Comptroller shall direct and the State
16Treasurer shall transfer the sum of $600,000 from the General
17Revenue Fund to the Temporary Relocation Expenses Revolving
18Fund.
19    (ppp) In addition to any other transfers that may be
20provided for by law, on July 1, 2010, or as soon thereafter as
21practical, the State Comptroller shall direct and the State
22Treasurer shall transfer the sum of $5,000,000 from the General
23Revenue Fund to the Digital Divide Elimination Fund.
24    (qqq) In addition to any other transfers that may be
25provided for by law, on and after July 1, 2010 and until May 1,
262011, at the direction of and upon notification from the

 

 

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1Governor, the State Comptroller shall direct and the State
2Treasurer shall transfer amounts not exceeding a total of
3$80,000,000 from the General Revenue Fund to the Tobacco
4Settlement Recovery Fund. Any amounts so transferred shall be
5retransferred by the State Comptroller and the State Treasurer
6from the Tobacco Settlement Recovery Fund to the General
7Revenue Fund at the direction of and upon notification from the
8Governor, but in any event on or before June 30, 2011.
9    (rrr) In addition to any other transfers that may be
10provided for by law, on July 1, 2010, or as soon thereafter as
11practical, the State Comptroller shall direct and the State
12Treasurer shall transfer the sum of $6,675,000 from the General
13Revenue Fund to the Presidential Library and Museum Operating
14Fund.
15    (sss) In addition to any other transfers that may be
16provided for by law, on July 1, 2010, or as soon thereafter as
17practical, the State Comptroller shall direct and the State
18Treasurer shall transfer the sum of $1,400,000 from the General
19Revenue Fund to the Violence Prevention Fund.
20    (ttt) In addition to any other transfers that may be
21provided for by law, on July 1, 2010, or as soon thereafter as
22practical, the State Comptroller shall direct and the State
23Treasurer shall transfer the sum of $100,000 from the General
24Revenue Fund to the Heartsaver AED Fund.
25    (uuu) In addition to any other transfers that may be
26provided for by law, on July 1, 2010, or as soon thereafter as

 

 

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1practical, the State Comptroller shall direct and the State
2Treasurer shall transfer the sum of $5,000,000 from the General
3Revenue Fund to the Communications Revolving Fund.
4    (vvv) In addition to any other transfers that may be
5provided for by law, on July 1, 2010, or as soon thereafter as
6practical, the State Comptroller shall direct and the State
7Treasurer shall transfer the sum of $3,000,000 from the General
8Revenue Fund to the Illinois Capital Revolving Loan Fund.
9    (www) In addition to any other transfers that may be
10provided for by law, on July 1, 2010, or as soon thereafter as
11practical, the State Comptroller shall direct and the State
12Treasurer shall transfer the sum of $17,000,000 from the
13General Revenue Fund to the DCFS Children's Services Fund.
14    (xxx) In addition to any other transfers that may be
15provided for by law, on July 1, 2010, or as soon thereafter as
16practical, the State Comptroller shall direct and the State
17Treasurer shall transfer the sum of $2,000,000 from the Digital
18Divide Elimination Infrastructure Fund, of which $1,000,000
19shall go to the Workforce, Technology, and Economic Development
20Fund and $1,000,000 to the Public Utility Fund.
21    (yyy) In addition to any other transfers that may be
22provided for by law, on and after July 1, 2011 and until May 1,
232012, at the direction of and upon notification from the
24Governor, the State Comptroller shall direct and the State
25Treasurer shall transfer amounts not exceeding a total of
26$80,000,000 from the General Revenue Fund to the Tobacco

 

 

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1Settlement Recovery Fund. Any amounts so transferred shall be
2retransferred by the State Comptroller and the State Treasurer
3from the Tobacco Settlement Recovery Fund to the General
4Revenue Fund at the direction of and upon notification from the
5Governor, but in any event on or before June 30, 2012.
6    (zzz) In addition to any other transfers that may be
7provided for by law, on July 1, 2011, or as soon thereafter as
8practical, the State Comptroller shall direct and the State
9Treasurer shall transfer the sum of $1,000,000 from the General
10Revenue Fund to the Illinois Veterans Assistance Fund.
11    (aaaa) In addition to any other transfers that may be
12provided for by law, on July 1, 2011, or as soon thereafter as
13practical, the State Comptroller shall direct and the State
14Treasurer shall transfer the sum of $8,000,000 from the General
15Revenue Fund to the Presidential Library and Museum Operating
16Fund.
17    (bbbb) In addition to any other transfers that may be
18provided for by law, on July 1, 2011, or as soon thereafter as
19practical, the State Comptroller shall direct and the State
20Treasurer shall transfer the sum of $1,400,000 from the General
21Revenue Fund to the Violence Prevention Fund.
22    (cccc) In addition to any other transfers that may be
23provided for by law, on July 1, 2011, or as soon thereafter as
24practical, the State Comptroller shall direct and the State
25Treasurer shall transfer the sum of $14,100,000 from the
26General Revenue Fund to the State Garage Revolving Fund.

 

 

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1    (dddd) In addition to any other transfers that may be
2provided for by law, on July 1, 2011, or as soon thereafter as
3practical, the State Comptroller shall direct and the State
4Treasurer shall transfer the sum of $4,000,000 from the General
5Revenue Fund to the Digital Divide Elimination Fund.
6    (eeee) In addition to any other transfers that may be
7provided for by law, on July 1, 2011, or as soon thereafter as
8practical, the State Comptroller shall direct and the State
9Treasurer shall transfer the sum of $500,000 from the General
10Revenue Fund to the Senior Citizens Real Estate Deferred Tax
11Revolving Fund.
12(Source: P.A. 99-933, eff. 1-27-17; 100-23, eff. 7-6-17;
13100-201, eff. 8-18-17; revised 10-12-17.)
 
14    (30 ILCS 105/13.2)  (from Ch. 127, par. 149.2)
15    Sec. 13.2. Transfers among line item appropriations.
16    (a) Transfers among line item appropriations from the same
17treasury fund for the objects specified in this Section may be
18made in the manner provided in this Section when the balance
19remaining in one or more such line item appropriations is
20insufficient for the purpose for which the appropriation was
21made.
22    (a-1) No transfers may be made from one agency to another
23agency, nor may transfers be made from one institution of
24higher education to another institution of higher education
25except as provided by subsection (a-4).

 

 

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1    (a-2) Except as otherwise provided in this Section,
2transfers may be made only among the objects of expenditure
3enumerated in this Section, except that no funds may be
4transferred from any appropriation for personal services, from
5any appropriation for State contributions to the State
6Employees' Retirement System, from any separate appropriation
7for employee retirement contributions paid by the employer, nor
8from any appropriation for State contribution for employee
9group insurance. During State fiscal year 2005, an agency may
10transfer amounts among its appropriations within the same
11treasury fund for personal services, employee retirement
12contributions paid by employer, and State Contributions to
13retirement systems; notwithstanding and in addition to the
14transfers authorized in subsection (c) of this Section, the
15fiscal year 2005 transfers authorized in this sentence may be
16made in an amount not to exceed 2% of the aggregate amount
17appropriated to an agency within the same treasury fund. During
18State fiscal year 2007, the Departments of Children and Family
19Services, Corrections, Human Services, and Juvenile Justice
20may transfer amounts among their respective appropriations
21within the same treasury fund for personal services, employee
22retirement contributions paid by employer, and State
23contributions to retirement systems. During State fiscal year
242010, the Department of Transportation may transfer amounts
25among their respective appropriations within the same treasury
26fund for personal services, employee retirement contributions

 

 

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1paid by employer, and State contributions to retirement
2systems. During State fiscal years 2010 and 2014 only, an
3agency may transfer amounts among its respective
4appropriations within the same treasury fund for personal
5services, employee retirement contributions paid by employer,
6and State contributions to retirement systems.
7Notwithstanding, and in addition to, the transfers authorized
8in subsection (c) of this Section, these transfers may be made
9in an amount not to exceed 2% of the aggregate amount
10appropriated to an agency within the same treasury fund.
11    (a-2.5) During State fiscal year 2015 only, the State's
12Attorneys Appellate Prosecutor may transfer amounts among its
13respective appropriations contained in operational line items
14within the same treasury fund. Notwithstanding, and in addition
15to, the transfers authorized in subsection (c) of this Section,
16these transfers may be made in an amount not to exceed 4% of
17the aggregate amount appropriated to the State's Attorneys
18Appellate Prosecutor within the same treasury fund.
19    (a-3) Further, if an agency receives a separate
20appropriation for employee retirement contributions paid by
21the employer, any transfer by that agency into an appropriation
22for personal services must be accompanied by a corresponding
23transfer into the appropriation for employee retirement
24contributions paid by the employer, in an amount sufficient to
25meet the employer share of the employee contributions required
26to be remitted to the retirement system.

 

 

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1    (a-4) Long-Term Care Rebalancing. The Governor may
2designate amounts set aside for institutional services
3appropriated from the General Revenue Fund or any other State
4fund that receives monies for long-term care services to be
5transferred to all State agencies responsible for the
6administration of community-based long-term care programs,
7including, but not limited to, community-based long-term care
8programs administered by the Department of Healthcare and
9Family Services, the Department of Human Services, and the
10Department on Aging, provided that the Director of Healthcare
11and Family Services first certifies that the amounts being
12transferred are necessary for the purpose of assisting persons
13in or at risk of being in institutional care to transition to
14community-based settings, including the financial data needed
15to prove the need for the transfer of funds. The total amounts
16transferred shall not exceed 4% in total of the amounts
17appropriated from the General Revenue Fund or any other State
18fund that receives monies for long-term care services for each
19fiscal year. A notice of the fund transfer must be made to the
20General Assembly and posted at a minimum on the Department of
21Healthcare and Family Services website, the Governor's Office
22of Management and Budget website, and any other website the
23Governor sees fit. These postings shall serve as notice to the
24General Assembly of the amounts to be transferred. Notice shall
25be given at least 30 days prior to transfer.
26    (b) In addition to the general transfer authority provided

 

 

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1under subsection (c), the following agencies have the specific
2transfer authority granted in this subsection:
3    The Department of Healthcare and Family Services is
4authorized to make transfers representing savings attributable
5to not increasing grants due to the births of additional
6children from line items for payments of cash grants to line
7items for payments for employment and social services for the
8purposes outlined in subsection (f) of Section 4-2 of the
9Illinois Public Aid Code.
10    The Department of Children and Family Services is
11authorized to make transfers not exceeding 2% of the aggregate
12amount appropriated to it within the same treasury fund for the
13following line items among these same line items: Foster Home
14and Specialized Foster Care and Prevention, Institutions and
15Group Homes and Prevention, and Purchase of Adoption and
16Guardianship Services.
17    The Department on Aging is authorized to make transfers not
18exceeding 2% of the aggregate amount appropriated to it within
19the same treasury fund for the following Community Care Program
20line items among these same line items: purchase of services
21covered by the Community Care Program and Comprehensive Case
22Coordination.
23    The State Treasurer is authorized to make transfers among
24line item appropriations from the Capital Litigation Trust
25Fund, with respect to costs incurred in fiscal years 2002 and
262003 only, when the balance remaining in one or more such line

 

 

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1item appropriations is insufficient for the purpose for which
2the appropriation was made, provided that no such transfer may
3be made unless the amount transferred is no longer required for
4the purpose for which that appropriation was made.
5    The State Board of Education is authorized to make
6transfers from line item appropriations within the same
7treasury fund for General State Aid, General State Aid - Hold
8Harmless, and Evidence-Based Funding, provided that no such
9transfer may be made unless the amount transferred is no longer
10required for the purpose for which that appropriation was made,
11to the line item appropriation for Transitional Assistance when
12the balance remaining in such line item appropriation is
13insufficient for the purpose for which the appropriation was
14made.
15    The State Board of Education is authorized to make
16transfers between the following line item appropriations
17within the same treasury fund: Disabled Student
18Services/Materials (Section 14-13.01 of the School Code),
19Disabled Student Transportation Reimbursement (Section
2014-13.01 of the School Code), Disabled Student Tuition -
21Private Tuition (Section 14-7.02 of the School Code),
22Extraordinary Special Education (Section 14-7.02b of the
23School Code), Reimbursement for Free Lunch/Breakfast Program,
24Summer School Payments (Section 18-4.3 of the School Code), and
25Transportation - Regular/Vocational Reimbursement (Section
2629-5 of the School Code). Such transfers shall be made only

 

 

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1when the balance remaining in one or more such line item
2appropriations is insufficient for the purpose for which the
3appropriation was made and provided that no such transfer may
4be made unless the amount transferred is no longer required for
5the purpose for which that appropriation was made.
6    The Department of Healthcare and Family Services is
7authorized to make transfers not exceeding 4% of the aggregate
8amount appropriated to it, within the same treasury fund, among
9the various line items appropriated for Medical Assistance.
10    (c) The sum of such transfers for an agency in a fiscal
11year shall not exceed 2% of the aggregate amount appropriated
12to it within the same treasury fund for the following objects:
13Personal Services; Extra Help; Student and Inmate
14Compensation; State Contributions to Retirement Systems; State
15Contributions to Social Security; State Contribution for
16Employee Group Insurance; Contractual Services; Travel;
17Commodities; Printing; Equipment; Electronic Data Processing;
18Operation of Automotive Equipment; Telecommunications
19Services; Travel and Allowance for Committed, Paroled and
20Discharged Prisoners; Library Books; Federal Matching Grants
21for Student Loans; Refunds; Workers' Compensation,
22Occupational Disease, and Tort Claims; and, in appropriations
23to institutions of higher education, Awards and Grants.
24Notwithstanding the above, any amounts appropriated for
25payment of workers' compensation claims to an agency to which
26the authority to evaluate, administer and pay such claims has

 

 

HB5447 Enrolled- 346 -LRB100 16294 AMC 31417 b

1been delegated by the Department of Central Management Services
2may be transferred to any other expenditure object where such
3amounts exceed the amount necessary for the payment of such
4claims.
5    (c-1) Special provisions for State fiscal year 2003.
6Notwithstanding any other provision of this Section to the
7contrary, for State fiscal year 2003 only, transfers among line
8item appropriations to an agency from the same treasury fund
9may be made provided that the sum of such transfers for an
10agency in State fiscal year 2003 shall not exceed 3% of the
11aggregate amount appropriated to that State agency for State
12fiscal year 2003 for the following objects: personal services,
13except that no transfer may be approved which reduces the
14aggregate appropriations for personal services within an
15agency; extra help; student and inmate compensation; State
16contributions to retirement systems; State contributions to
17social security; State contributions for employee group
18insurance; contractual services; travel; commodities;
19printing; equipment; electronic data processing; operation of
20automotive equipment; telecommunications services; travel and
21allowance for committed, paroled, and discharged prisoners;
22library books; federal matching grants for student loans;
23refunds; workers' compensation, occupational disease, and tort
24claims; and, in appropriations to institutions of higher
25education, awards and grants.
26    (c-2) Special provisions for State fiscal year 2005.

 

 

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1Notwithstanding subsections (a), (a-2), and (c), for State
2fiscal year 2005 only, transfers may be made among any line
3item appropriations from the same or any other treasury fund
4for any objects or purposes, without limitation, when the
5balance remaining in one or more such line item appropriations
6is insufficient for the purpose for which the appropriation was
7made, provided that the sum of those transfers by a State
8agency shall not exceed 4% of the aggregate amount appropriated
9to that State agency for fiscal year 2005.
10    (c-3) Special provisions for State fiscal year 2015.
11Notwithstanding any other provision of this Section, for State
12fiscal year 2015, transfers among line item appropriations to a
13State agency from the same State treasury fund may be made for
14operational or lump sum expenses only, provided that the sum of
15such transfers for a State agency in State fiscal year 2015
16shall not exceed 4% of the aggregate amount appropriated to
17that State agency for operational or lump sum expenses for
18State fiscal year 2015. For the purpose of this subsection,
19"operational or lump sum expenses" includes the following
20objects: personal services; extra help; student and inmate
21compensation; State contributions to retirement systems; State
22contributions to social security; State contributions for
23employee group insurance; contractual services; travel;
24commodities; printing; equipment; electronic data processing;
25operation of automotive equipment; telecommunications
26services; travel and allowance for committed, paroled, and

 

 

HB5447 Enrolled- 348 -LRB100 16294 AMC 31417 b

1discharged prisoners; library books; federal matching grants
2for student loans; refunds; workers' compensation,
3occupational disease, and tort claims; lump sum and other
4purposes; and lump sum operations. For the purpose of this
5subsection (c-3), "State agency" does not include the Attorney
6General, the Secretary of State, the Comptroller, the
7Treasurer, or the legislative or judicial branches.
8    (c-4) Special provisions for State fiscal year 2018.
9Notwithstanding any other provision of this Section, for State
10fiscal year 2018, transfers among line item appropriations to a
11State agency from the same State treasury fund may be made for
12operational or lump sum expenses only, provided that the sum of
13such transfers for a State agency in State fiscal year 2018
14shall not exceed 4% of the aggregate amount appropriated to
15that State agency for operational or lump sum expenses for
16State fiscal year 2018. For the purpose of this subsection
17(c-4), "operational or lump sum expenses" includes the
18following objects: personal services; extra help; student and
19inmate compensation; State contributions to retirement
20systems; State contributions to social security; State
21contributions for employee group insurance; contractual
22services; travel; commodities; printing; equipment; electronic
23data processing; operation of automotive equipment;
24telecommunications services; travel and allowance for
25committed, paroled, and discharged prisoners; library books;
26federal matching grants for student loans; refunds; workers'

 

 

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1compensation, occupational disease, and tort claims; lump sum
2and other purposes; and lump sum operations. For the purpose of
3this subsection (c-4), "State agency" does not include the
4Attorney General, the Secretary of State, the Comptroller, the
5Treasurer, or the legislative or judicial branches.
6    (d) Transfers among appropriations made to agencies of the
7Legislative and Judicial departments and to the
8constitutionally elected officers in the Executive branch
9require the approval of the officer authorized in Section 10 of
10this Act to approve and certify vouchers. Transfers among
11appropriations made to the University of Illinois, Southern
12Illinois University, Chicago State University, Eastern
13Illinois University, Governors State University, Illinois
14State University, Northeastern Illinois University, Northern
15Illinois University, Western Illinois University, the Illinois
16Mathematics and Science Academy and the Board of Higher
17Education require the approval of the Board of Higher Education
18and the Governor. Transfers among appropriations to all other
19agencies require the approval of the Governor.
20    The officer responsible for approval shall certify that the
21transfer is necessary to carry out the programs and purposes
22for which the appropriations were made by the General Assembly
23and shall transmit to the State Comptroller a certified copy of
24the approval which shall set forth the specific amounts
25transferred so that the Comptroller may change his records
26accordingly. The Comptroller shall furnish the Governor with

 

 

HB5447 Enrolled- 350 -LRB100 16294 AMC 31417 b

1information copies of all transfers approved for agencies of
2the Legislative and Judicial departments and transfers
3approved by the constitutionally elected officials of the
4Executive branch other than the Governor, showing the amounts
5transferred and indicating the dates such changes were entered
6on the Comptroller's records.
7    (e) The State Board of Education, in consultation with the
8State Comptroller, may transfer line item appropriations for
9General State Aid or Evidence-Based Funding between the Common
10School Fund and the Education Assistance Fund. With the advice
11and consent of the Governor's Office of Management and Budget,
12the State Board of Education, in consultation with the State
13Comptroller, may transfer line item appropriations between the
14General Revenue Fund and the Education Assistance Fund for the
15following programs:
16        (1) Disabled Student Personnel Reimbursement (Section
17    14-13.01 of the School Code);
18        (2) Disabled Student Transportation Reimbursement
19    (subsection (b) of Section 14-13.01 of the School Code);
20        (3) Disabled Student Tuition - Private Tuition
21    (Section 14-7.02 of the School Code);
22        (4) Extraordinary Special Education (Section 14-7.02b
23    of the School Code);
24        (5) Reimbursement for Free Lunch/Breakfast Programs;
25        (6) Summer School Payments (Section 18-4.3 of the
26    School Code);

 

 

HB5447 Enrolled- 351 -LRB100 16294 AMC 31417 b

1        (7) Transportation - Regular/Vocational Reimbursement
2    (Section 29-5 of the School Code);
3        (8) Regular Education Reimbursement (Section 18-3 of
4    the School Code); and
5        (9) Special Education Reimbursement (Section 14-7.03
6    of the School Code).
7(Source: P.A. 99-2, eff. 3-26-15; 100-23, eff. 7-6-17; 100-465,
8eff. 8-31-17; revised 10-4-17.)
 
9    Section 145. The General Obligation Bond Act is amended by
10changing Sections 2.5, 9, and 11 as follows:
 
11    (30 ILCS 330/2.5)
12    Sec. 2.5. Limitation on issuance of Bonds.
13    (a) Except as provided in subsection (b), no Bonds may be
14issued if, after the issuance, in the next State fiscal year
15after the issuance of the Bonds, the amount of debt service
16(including principal, whether payable at maturity or pursuant
17to mandatory sinking fund installments, and interest) on all
18then-outstanding Bonds, other than (i) Bonds authorized by
19Public Act 100-23 this amendatory Act of the 100th General
20Assembly, (ii) Bonds issued by Public Act 96-43, and (iii)
21Bonds authorized by Public Act 96-1497, would exceed 7% of the
22aggregate appropriations from the general funds (which consist
23of the General Revenue Fund, the Common School Fund, the
24General Revenue Common School Special Account Fund, and the

 

 

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1Education Assistance Fund) and the Road Fund for the fiscal
2year immediately prior to the fiscal year of the issuance.
3    (b) If the Comptroller and Treasurer each consent in
4writing, Bonds may be issued even if the issuance does not
5comply with subsection (a). In addition, $2,000,000,000 in
6Bonds for the purposes set forth in Sections 3, 4, 5, 6, and 7,
7and $2,000,000,000 in Refunding Bonds under Section 16, may be
8issued during State fiscal year 2017 without complying with
9subsection (a). In addition, $2,000,000,000 in Bonds for the
10purposes set forth in Sections 3, 4, 5, 6, and 7, and
11$2,000,000,000 in Refunding Bonds under Section 16, may be
12issued during State fiscal year 2018 without complying with
13subsection (a).
14(Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section
1525-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff.
167-6-17; revised 8-8-17.)
 
17    (30 ILCS 330/9)  (from Ch. 127, par. 659)
18    Sec. 9. Conditions for issuance and sale of Bonds;
19requirements Issuance and Sale of Bonds - Requirements for
20Bonds.
21    (a) Except as otherwise provided in this subsection and
22subsection (h), Bonds shall be issued and sold from time to
23time, in one or more series, in such amounts and at such prices
24as may be directed by the Governor, upon recommendation by the
25Director of the Governor's Office of Management and Budget.

 

 

HB5447 Enrolled- 353 -LRB100 16294 AMC 31417 b

1Bonds shall be in such form (either coupon, registered or book
2entry), in such denominations, payable within 25 years from
3their date, subject to such terms of redemption with or without
4premium, bear interest payable at such times and at such fixed
5or variable rate or rates, and be dated as shall be fixed and
6determined by the Director of the Governor's Office of
7Management and Budget in the order authorizing the issuance and
8sale of any series of Bonds, which order shall be approved by
9the Governor and is herein called a "Bond Sale Order"; provided
10however, that interest payable at fixed or variable rates shall
11not exceed that permitted in the Bond Authorization Act, as now
12or hereafter amended. Bonds shall be payable at such place or
13places, within or without the State of Illinois, and may be
14made registrable as to either principal or as to both principal
15and interest, as shall be specified in the Bond Sale Order.
16Bonds may be callable or subject to purchase and retirement or
17tender and remarketing as fixed and determined in the Bond Sale
18Order. Bonds, other than Bonds issued under Section 3 of this
19Act for the costs associated with the purchase and
20implementation of information technology, (i) except for
21refunding Bonds satisfying the requirements of Section 16 of
22this Act and sold during fiscal year 2009, 2010, 2011, 2017, or
232018 must be issued with principal or mandatory redemption
24amounts in equal amounts, with the first maturity issued
25occurring within the fiscal year in which the Bonds are issued
26or within the next succeeding fiscal year and (ii) must mature

 

 

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1or be subject to mandatory redemption each fiscal year
2thereafter up to 25 years, except for refunding Bonds
3satisfying the requirements of Section 16 of this Act and sold
4during fiscal year 2009, 2010, or 2011 which must mature or be
5subject to mandatory redemption each fiscal year thereafter up
6to 16 years. Bonds issued under Section 3 of this Act for the
7costs associated with the purchase and implementation of
8information technology must be issued with principal or
9mandatory redemption amounts in equal amounts, with the first
10maturity issued occurring with the fiscal year in which the
11respective bonds are issued or with the next succeeding fiscal
12year, with the respective bonds issued maturing or subject to
13mandatory redemption each fiscal year thereafter up to 10
14years. Notwithstanding any provision of this Act to the
15contrary, the Bonds authorized by Public Act 96-43 shall be
16payable within 5 years from their date and must be issued with
17principal or mandatory redemption amounts in equal amounts,
18with payment of principal or mandatory redemption beginning in
19the first fiscal year following the fiscal year in which the
20Bonds are issued.
21    Notwithstanding any provision of this Act to the contrary,
22the Bonds authorized by Public Act 96-1497 shall be payable
23within 8 years from their date and shall be issued with payment
24of maturing principal or scheduled mandatory redemptions in
25accordance with the following schedule, except the following
26amounts shall be prorated if less than the total additional

 

 

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1amount of Bonds authorized by Public Act 96-1497 are issued:
2    Fiscal Year After Issuance    Amount
3        1-2                        $0 
4        3                          $110,712,120
5        4                          $332,136,360
6        5                          $664,272,720
7        6-8                        $996,409,080
8    Notwithstanding any provision of this Act to the contrary,
9Income Tax Proceed Bonds issued under Section 7.6 shall be
10payable 12 years from the date of sale and shall be issued with
11payment of principal or mandatory redemption.
12    In the case of any series of Bonds bearing interest at a
13variable interest rate ("Variable Rate Bonds"), in lieu of
14determining the rate or rates at which such series of Variable
15Rate Bonds shall bear interest and the price or prices at which
16such Variable Rate Bonds shall be initially sold or remarketed
17(in the event of purchase and subsequent resale), the Bond Sale
18Order may provide that such interest rates and prices may vary
19from time to time depending on criteria established in such
20Bond Sale Order, which criteria may include, without
21limitation, references to indices or variations in interest
22rates as may, in the judgment of a remarketing agent, be
23necessary to cause Variable Rate Bonds of such series to be
24remarketable from time to time at a price equal to their
25principal amount, and may provide for appointment of a bank,
26trust company, investment bank, or other financial institution

 

 

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1to serve as remarketing agent in that connection. The Bond Sale
2Order may provide that alternative interest rates or provisions
3for establishing alternative interest rates, different
4security or claim priorities, or different call or amortization
5provisions will apply during such times as Variable Rate Bonds
6of any series are held by a person providing credit or
7liquidity enhancement arrangements for such Bonds as
8authorized in subsection (b) of this Section. The Bond Sale
9Order may also provide for such variable interest rates to be
10established pursuant to a process generally known as an auction
11rate process and may provide for appointment of one or more
12financial institutions to serve as auction agents and
13broker-dealers in connection with the establishment of such
14interest rates and the sale and remarketing of such Bonds.
15    (b) In connection with the issuance of any series of Bonds,
16the State may enter into arrangements to provide additional
17security and liquidity for such Bonds, including, without
18limitation, bond or interest rate insurance or letters of
19credit, lines of credit, bond purchase contracts, or other
20arrangements whereby funds are made available to retire or
21purchase Bonds, thereby assuring the ability of owners of the
22Bonds to sell or redeem their Bonds. The State may enter into
23contracts and may agree to pay fees to persons providing such
24arrangements, but only under circumstances where the Director
25of the Governor's Office of Management and Budget certifies
26that he or she reasonably expects the total interest paid or to

 

 

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1be paid on the Bonds, together with the fees for the
2arrangements (being treated as if interest), would not, taken
3together, cause the Bonds to bear interest, calculated to their
4stated maturity, at a rate in excess of the rate that the Bonds
5would bear in the absence of such arrangements.
6    The State may, with respect to Bonds issued or anticipated
7to be issued, participate in and enter into arrangements with
8respect to interest rate protection or exchange agreements,
9guarantees, or financial futures contracts for the purpose of
10limiting, reducing, or managing interest rate exposure. The
11authority granted under this paragraph, however, shall not
12increase the principal amount of Bonds authorized to be issued
13by law. The arrangements may be executed and delivered by the
14Director of the Governor's Office of Management and Budget on
15behalf of the State. Net payments for such arrangements shall
16constitute interest on the Bonds and shall be paid from the
17General Obligation Bond Retirement and Interest Fund. The
18Director of the Governor's Office of Management and Budget
19shall at least annually certify to the Governor and the State
20Comptroller his or her estimate of the amounts of such net
21payments to be included in the calculation of interest required
22to be paid by the State.
23    (c) Prior to the issuance of any Variable Rate Bonds
24pursuant to subsection (a), the Director of the Governor's
25Office of Management and Budget shall adopt an interest rate
26risk management policy providing that the amount of the State's

 

 

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1variable rate exposure with respect to Bonds shall not exceed
220%. This policy shall remain in effect while any Bonds are
3outstanding and the issuance of Bonds shall be subject to the
4terms of such policy. The terms of this policy may be amended
5from time to time by the Director of the Governor's Office of
6Management and Budget but in no event shall any amendment cause
7the permitted level of the State's variable rate exposure with
8respect to Bonds to exceed 20%.
9    (d) "Build America Bonds" in this Section means Bonds
10authorized by Section 54AA of the Internal Revenue Code of
111986, as amended ("Internal Revenue Code"), and bonds issued
12from time to time to refund or continue to refund "Build
13America Bonds".
14    (e) Notwithstanding any other provision of this Section,
15Qualified School Construction Bonds shall be issued and sold
16from time to time, in one or more series, in such amounts and
17at such prices as may be directed by the Governor, upon
18recommendation by the Director of the Governor's Office of
19Management and Budget. Qualified School Construction Bonds
20shall be in such form (either coupon, registered or book
21entry), in such denominations, payable within 25 years from
22their date, subject to such terms of redemption with or without
23premium, and if the Qualified School Construction Bonds are
24issued with a supplemental coupon, bear interest payable at
25such times and at such fixed or variable rate or rates, and be
26dated as shall be fixed and determined by the Director of the

 

 

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1Governor's Office of Management and Budget in the order
2authorizing the issuance and sale of any series of Qualified
3School Construction Bonds, which order shall be approved by the
4Governor and is herein called a "Bond Sale Order"; except that
5interest payable at fixed or variable rates, if any, shall not
6exceed that permitted in the Bond Authorization Act, as now or
7hereafter amended. Qualified School Construction Bonds shall
8be payable at such place or places, within or without the State
9of Illinois, and may be made registrable as to either principal
10or as to both principal and interest, as shall be specified in
11the Bond Sale Order. Qualified School Construction Bonds may be
12callable or subject to purchase and retirement or tender and
13remarketing as fixed and determined in the Bond Sale Order.
14Qualified School Construction Bonds must be issued with
15principal or mandatory redemption amounts or sinking fund
16payments into the General Obligation Bond Retirement and
17Interest Fund (or subaccount therefor) in equal amounts, with
18the first maturity issued, mandatory redemption payment or
19sinking fund payment occurring within the fiscal year in which
20the Qualified School Construction Bonds are issued or within
21the next succeeding fiscal year, with Qualified School
22Construction Bonds issued maturing or subject to mandatory
23redemption or with sinking fund payments thereof deposited each
24fiscal year thereafter up to 25 years. Sinking fund payments
25set forth in this subsection shall be permitted only to the
26extent authorized in Section 54F of the Internal Revenue Code

 

 

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1or as otherwise determined by the Director of the Governor's
2Office of Management and Budget. "Qualified School
3Construction Bonds" in this subsection means Bonds authorized
4by Section 54F of the Internal Revenue Code and for bonds
5issued from time to time to refund or continue to refund such
6"Qualified School Construction Bonds".
7    (f) Beginning with the next issuance by the Governor's
8Office of Management and Budget to the Procurement Policy Board
9of a request for quotation for the purpose of formulating a new
10pool of qualified underwriting banks list, all entities
11responding to such a request for quotation for inclusion on
12that list shall provide a written report to the Governor's
13Office of Management and Budget and the Illinois Comptroller.
14The written report submitted to the Comptroller shall (i) be
15published on the Comptroller's Internet website and (ii) be
16used by the Governor's Office of Management and Budget for the
17purposes of scoring such a request for quotation. The written
18report, at a minimum, shall:
19        (1) disclose whether, within the past 3 months,
20    pursuant to its credit default swap market-making
21    activities, the firm has entered into any State of Illinois
22    credit default swaps ("CDS");
23        (2) include, in the event of State of Illinois CDS
24    activity, disclosure of the firm's cumulative notional
25    volume of State of Illinois CDS trades and the firm's
26    outstanding gross and net notional amount of State of

 

 

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1    Illinois CDS, as of the end of the current 3-month period;
2        (3) indicate, pursuant to the firm's proprietary
3    trading activities, disclosure of whether the firm, within
4    the past 3 months, has entered into any proprietary trades
5    for its own account in State of Illinois CDS;
6        (4) include, in the event of State of Illinois
7    proprietary trades, disclosure of the firm's outstanding
8    gross and net notional amount of proprietary State of
9    Illinois CDS and whether the net position is short or long
10    credit protection, as of the end of the current 3-month
11    period;
12        (5) list all time periods during the past 3 months
13    during which the firm held net long or net short State of
14    Illinois CDS proprietary credit protection positions, the
15    amount of such positions, and whether those positions were
16    net long or net short credit protection positions; and
17        (6) indicate whether, within the previous 3 months, the
18    firm released any publicly available research or marketing
19    reports that reference State of Illinois CDS and include
20    those research or marketing reports as attachments.
21    (g) All entities included on a Governor's Office of
22Management and Budget's pool of qualified underwriting banks
23list shall, as soon as possible after March 18, 2011 (the
24effective date of Public Act 96-1554), but not later than
25January 21, 2011, and on a quarterly fiscal basis thereafter,
26provide a written report to the Governor's Office of Management

 

 

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1and Budget and the Illinois Comptroller. The written reports
2submitted to the Comptroller shall be published on the
3Comptroller's Internet website. The written reports, at a
4minimum, shall:
5        (1) disclose whether, within the past 3 months,
6    pursuant to its credit default swap market-making
7    activities, the firm has entered into any State of Illinois
8    credit default swaps ("CDS");
9        (2) include, in the event of State of Illinois CDS
10    activity, disclosure of the firm's cumulative notional
11    volume of State of Illinois CDS trades and the firm's
12    outstanding gross and net notional amount of State of
13    Illinois CDS, as of the end of the current 3-month period;
14        (3) indicate, pursuant to the firm's proprietary
15    trading activities, disclosure of whether the firm, within
16    the past 3 months, has entered into any proprietary trades
17    for its own account in State of Illinois CDS;
18        (4) include, in the event of State of Illinois
19    proprietary trades, disclosure of the firm's outstanding
20    gross and net notional amount of proprietary State of
21    Illinois CDS and whether the net position is short or long
22    credit protection, as of the end of the current 3-month
23    period;
24        (5) list all time periods during the past 3 months
25    during which the firm held net long or net short State of
26    Illinois CDS proprietary credit protection positions, the

 

 

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1    amount of such positions, and whether those positions were
2    net long or net short credit protection positions; and
3        (6) indicate whether, within the previous 3 months, the
4    firm released any publicly available research or marketing
5    reports that reference State of Illinois CDS and include
6    those research or marketing reports as attachments.
7    (h) Notwithstanding any other provision of this Section,
8for purposes of maximizing market efficiencies and cost
9savings, Income Tax Proceed Bonds may be issued and sold from
10time to time, in one or more series, in such amounts and at
11such prices as may be directed by the Governor, upon
12recommendation by the Director of the Governor's Office of
13Management and Budget. Income Tax Proceed Bonds shall be in
14such form, either coupon, registered, or book entry, in such
15denominations, shall bear interest payable at such times and at
16such fixed or variable rate or rates, and be dated as shall be
17fixed and determined by the Director of the Governor's Office
18of Management and Budget in the order authorizing the issuance
19and sale of any series of Income Tax Proceed Bonds, which order
20shall be approved by the Governor and is herein called a "Bond
21Sale Order"; provided, however, that interest payable at fixed
22or variable rates shall not exceed that permitted in the Bond
23Authorization Act. Income Tax Proceed Bonds shall be payable at
24such place or places, within or without the State of Illinois,
25and may be made registrable as to either principal or as to
26both principal and interest, as shall be specified in the Bond

 

 

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1Sale Order. Income Tax Proceed Bonds may be callable or subject
2to purchase and retirement or tender and remarketing as fixed
3and determined in the Bond Sale Order.
4(Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section
525-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff.
67-6-17; revised 8-8-17.)
 
7    (30 ILCS 330/11)  (from Ch. 127, par. 661)
8    Sec. 11. Sale of Bonds. Except as otherwise provided in
9this Section, Bonds shall be sold from time to time pursuant to
10notice of sale and public bid or by negotiated sale in such
11amounts and at such times as is directed by the Governor, upon
12recommendation by the Director of the Governor's Office of
13Management and Budget. At least 25%, based on total principal
14amount, of all Bonds issued each fiscal year shall be sold
15pursuant to notice of sale and public bid. At all times during
16each fiscal year, no more than 75%, based on total principal
17amount, of the Bonds issued each fiscal year, shall have been
18sold by negotiated sale. Failure to satisfy the requirements in
19the preceding 2 sentences shall not affect the validity of any
20previously issued Bonds; provided that all Bonds authorized by
21Public Act 96-43 and Public Act 96-1497 shall not be included
22in determining compliance for any fiscal year with the
23requirements of the preceding 2 sentences; and further provided
24that refunding Bonds satisfying the requirements of Section 16
25of this Act and sold during fiscal year 2009, 2010, 2011, 2017,

 

 

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1or 2018 shall not be subject to the requirements in the
2preceding 2 sentences.
3    If any Bonds, including refunding Bonds, are to be sold by
4negotiated sale, the Director of the Governor's Office of
5Management and Budget shall comply with the competitive request
6for proposal process set forth in the Illinois Procurement Code
7and all other applicable requirements of that Code.
8    If Bonds are to be sold pursuant to notice of sale and
9public bid, the Director of the Governor's Office of Management
10and Budget may, from time to time, as Bonds are to be sold,
11advertise the sale of the Bonds in at least 2 daily newspapers,
12one of which is published in the City of Springfield and one in
13the City of Chicago. The sale of the Bonds shall also be
14advertised in the volume of the Illinois Procurement Bulletin
15that is published by the Department of Central Management
16Services, and shall be published once at least 10 days prior to
17the date fixed for the opening of the bids. The Director of the
18Governor's Office of Management and Budget may reschedule the
19date of sale upon the giving of such additional notice as the
20Director deems adequate to inform prospective bidders of such
21change; provided, however, that all other conditions of the
22sale shall continue as originally advertised.
23    Executed Bonds shall, upon payment therefor, be delivered
24to the purchaser, and the proceeds of Bonds shall be paid into
25the State Treasury as directed by Section 12 of this Act.
26    All Income Tax Proceed Bonds shall comply with this

 

 

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1Section. Notwithstanding anything to the contrary, however,
2for purposes of complying with this Section, Income Tax Proceed
3Bonds, regardless of the number of series or issuances sold
4thereunder, shall be considered a single issue or series.
5Furthermore, for purposes of complying with the competitive
6bidding requirements of this Section, the words "at all times"
7shall not apply to any such sale of the Income Tax Proceed
8Bonds. The Director of the Governor's Office of Management and
9Budget shall determine the time and manner of any competitive
10sale of the Income Tax Proceed Bonds; however, that sale shall
11under no circumstances take place later than 60 days after the
12State closes the sale of 75% of the Income Tax Proceed Bonds by
13negotiated sale.
14(Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section
1525-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff.
167-6-17; revised 8-15-17.)
 
17    Section 150. The Illinois Procurement Code is amended by
18changing Sections 15-25, 45-45, and 45-57 as follows:
 
19    (30 ILCS 500/15-25)
20    Sec. 15-25. Bulletin content.
21    (a) Invitations for bids. Notice of each and every contract
22that is offered, including renegotiated contracts and change
23orders, shall be published in the Bulletin. The applicable
24chief procurement officer may provide by rule an organized

 

 

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1format for the publication of this information, but in any case
2it must include at least the date first offered, the date
3submission of offers is due, the location that offers are to be
4submitted to, the purchasing State agency, the responsible
5State purchasing officer, a brief purchase description, the
6method of source selection, information of how to obtain a
7comprehensive purchase description and any disclosure and
8contract forms, and encouragement to potential contractors to
9hire qualified veterans, as defined by Section 45-67 of this
10Code, and qualified Illinois minorities, women, persons with
11disabilities, and residents discharged from any Illinois adult
12correctional center.
13    (a-5) All businesses listed on the Illinois Unified
14Certification Program Disadvantaged Business Enterprise
15Directory, the Business Enterprise Program of the Department of
16Central Management Services, and any small business database
17created pursuant to Section 45-45 of this Code shall be
18furnished written instructions and information on how to
19register for the Illinois Procurement Bulletin. This
20information shall be provided to each business within 30
21calendar days after the business's notice of certification or
22qualification.
23    (b) Contracts let. Notice of each and every contract that
24is let, including renegotiated contracts and change orders,
25shall be issued electronically to those bidders submitting
26responses to the solicitations, inclusive of the unsuccessful

 

 

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1bidders, immediately upon contract let. Failure of any chief
2procurement officer to give such notice shall result in tolling
3the time for filing a bid protest up to 7 calendar days.
4    For purposes of this subsection (b), "contracts let" means
5a construction agency's act of advertising an invitation for
6bids for one or more construction projects.
7    (b-5) Contracts awarded. Notice of each and every contract
8that is awarded, including renegotiated contracts and change
9orders, shall be issued electronically to the successful
10responsible bidder, offeror, or contractor and published in the
11Bulletin. The applicable chief procurement officer may provide
12by rule an organized format for the publication of this
13information, but in any case it must include at least all of
14the information specified in subsection (a) as well as the name
15of the successful responsible bidder, offeror, the contract
16price, the number of unsuccessful bidders or offerors and any
17other disclosure specified in any Section of this Code. This
18notice must be posted in the online electronic Bulletin prior
19to execution of the contract.
20    For purposes of this subsection (b-5), "contract award"
21means the determination that a particular bidder or offeror has
22been selected from among other bidders or offerors to receive a
23contract, subject to the successful completion of final
24negotiations. "Contract award" is evidenced by the posting of a
25Notice of Award or a Notice of Intent to Award to the
26respective volume of the Illinois Procurement Bulletin.

 

 

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1    (c) Emergency purchase disclosure. Any chief procurement
2officer or State purchasing officer exercising emergency
3purchase authority under this Code shall publish a written
4description and reasons and the total cost, if known, or an
5estimate if unknown and the name of the responsible chief
6procurement officer and State purchasing officer, and the
7business or person contracted with for all emergency purchases
8in the Bulletin. This notice must be posted in the online
9electronic Bulletin no later than 5 calendar days after the
10contract is awarded. Notice of a hearing to extend an emergency
11contract must be posted in the online electronic Procurement
12Bulletin no later than 14 calendar days prior to the hearing.
13    (c-5) Business Enterprise Program report. Each purchasing
14agency shall, with the assistance of the applicable chief
15procurement officer, post in the online electronic Bulletin a
16copy of its annual report of utilization of businesses owned by
17minorities, women, and persons with disabilities as submitted
18to the Business Enterprise Council for Minorities, Women, and
19Persons with Disabilities pursuant to Section 6(c) of the
20Business Enterprise for Minorities, Women, and Persons with
21Disabilities Act within 10 calendar days after its submission
22of its report to the Council.
23    (c-10) Renewals. Notice of each contract renewal shall be
24posted in the Bulletin within 14 calendar days of the
25determination to execute a renewal of the contract. The notice
26shall include at least all of the information required in

 

 

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1subsection (a) or (b), as applicable.
2    (c-15) Sole source procurements. Before entering into a
3sole source contract, a chief procurement officer exercising
4sole source procurement authority under this Code shall publish
5a written description of intent to enter into a sole source
6contract along with a description of the item to be procured
7and the intended sole source contractor. This notice must be
8posted in the online electronic Procurement Bulletin before a
9sole source contract is awarded and at least 14 calendar days
10before the hearing required by Section 20-25.
11    (d) Other required disclosure. The applicable chief
12procurement officer shall provide by rule for the organized
13publication of all other disclosure required in other Sections
14of this Code in a timely manner.
15    (e) The changes to subsections (b), (c), (c-5), (c-10), and
16(c-15) of this Section made by Public Act 96-795 this
17amendatory Act of the 96th General Assembly apply to reports
18submitted, offers made, and notices on contracts executed on or
19after July 1, 2010 (the its effective date of Public Act
2096-795).
21    (f) Each chief procurement officer shall, in consultation
22with the agencies under his or her jurisdiction, provide the
23Procurement Policy Board with the information and resources
24necessary, and in a manner, to effectuate the purpose of Public
25Act 96-1444 this amendatory Act of the 96th General Assembly.
26(Source: P.A. 100-43, eff. 8-9-17; 100-391, eff. 8-25-17;

 

 

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1revised 10-2-17.)
 
2    (30 ILCS 500/45-45)
3    Sec. 45-45. Small businesses.
4    (a) Set-asides. Each chief procurement officer has
5authority to designate as small business set-asides a fair
6proportion of construction, supply, and service contracts for
7award to small businesses in Illinois. Advertisements for bids
8or offers for those contracts shall specify designation as
9small business set-asides. In awarding the contracts, only bids
10or offers from qualified small businesses shall be considered.
11    (b) Small business. "Small business" means a business that
12is independently owned and operated and that is not dominant in
13its field of operation. The chief procurement officer shall
14establish a detailed definition by rule, using in addition to
15the foregoing criteria other criteria, including the number of
16employees and the dollar volume of business. When computing the
17size status of a potential contractor, annual sales and
18receipts of the potential contractor and all of its affiliates
19shall be included. The maximum number of employees and the
20maximum dollar volume that a small business may have under the
21rules promulgated by the chief procurement officer may vary
22from industry to industry to the extent necessary to reflect
23differing characteristics of those industries, subject to the
24following limitations:
25        (1) No wholesale business is a small business if its

 

 

HB5447 Enrolled- 372 -LRB100 16294 AMC 31417 b

1    annual sales for its most recently completed fiscal year
2    exceed $13,000,000.
3        (2) No retail business or business selling services is
4    a small business if its annual sales and receipts exceed
5    $8,000,000.
6        (3) No manufacturing business is a small business if it
7    employs more than 250 persons.
8        (4) No construction business is a small business if its
9    annual sales and receipts exceed $14,000,000.
10    (c) Fair proportion. For the purpose of subsection (a), for
11State agencies of the executive branch, a fair proportion of
12construction contracts shall be no less than 25% nor more than
1340% of the annual total contracts for construction.
14    (d) Withdrawal of designation. A small business set-aside
15designation may be withdrawn by the purchasing agency when
16deemed in the best interests of the State. Upon withdrawal, all
17bids or offers shall be rejected, and the bidders or offerors
18shall be notified of the reason for rejection. The contract
19shall then be awarded in accordance with this Code without the
20designation of small business set-aside.
21    (e) Small business specialist. Each chief procurement
22officer shall designate one or more individuals to serve as its
23small business specialist. The small business specialists
24shall collectively work together to accomplish the following
25duties:
26        (1) Compiling and maintaining a comprehensive list of

 

 

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1    potential small contractors. In this duty, he or she shall
2    cooperate with the Federal Small Business Administration
3    in locating potential sources for various products and
4    services.
5        (2) Assisting small businesses in complying with the
6    procedures for bidding on State contracts.
7        (3) Examining requests from State agencies for the
8    purchase of property or services to help determine which
9    invitations to bid are to be designated small business
10    set-asides.
11        (4) Making recommendations to the chief procurement
12    officer for the simplification of specifications and terms
13    in order to increase the opportunities for small business
14    participation.
15        (5) Assisting in investigations by purchasing agencies
16    to determine the responsibility of bidders or offerors on
17    small business set-asides.
18    (f) Small business annual report. Each small business
19specialist designated under subsection (e) shall annually
20before November 1 report in writing to the General Assembly
21concerning the awarding of contracts to small businesses. The
22report shall include the total value of awards made in the
23preceding fiscal year under the designation of small business
24set-aside. The report shall also include the total value of
25awards made to businesses owned by minorities, women, and
26persons with disabilities, as defined in the Business

 

 

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1Enterprise for Minorities, Women, and Persons with
2Disabilities Act, in the preceding fiscal year under the
3designation of small business set-aside.
4    The requirement for reporting to the General Assembly shall
5be satisfied by filing copies of the report as required by
6Section 3.1 of the General Assembly Organization Act.
7(Source: P.A. 100-43, eff. 8-9-17; 100-391, eff. 8-25-17;
8revised 9-25-17.)
 
9    (30 ILCS 500/45-57)
10    Sec. 45-57. Veterans.
11    (a) Set-aside goal. It is the goal of the State to promote
12and encourage the continued economic development of small
13businesses owned and controlled by qualified veterans and that
14qualified service-disabled veteran-owned small businesses
15(referred to as SDVOSB) and veteran-owned small businesses
16(referred to as VOSB) participate in the State's procurement
17process as both prime contractors and subcontractors. Not less
18than 3% of the total dollar amount of State contracts, as
19defined by the Director of Central Management Services, shall
20be established as a goal to be awarded to SDVOSB and VOSB. That
21portion of a contract under which the contractor subcontracts
22with a SDVOSB or VOSB may be counted toward the goal of this
23subsection. The Department of Central Management Services
24shall adopt rules to implement compliance with this subsection
25by all State agencies.

 

 

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1    (b) Fiscal year reports. By each November 1, each chief
2procurement officer shall report to the Department of Central
3Management Services on all of the following for the immediately
4preceding fiscal year, and by each March 1 the Department of
5Central Management Services shall compile and report that
6information to the General Assembly:
7        (1) The total number of VOSB, and the number of SDVOSB,
8    who submitted bids for contracts under this Code.
9        (2) The total number of VOSB, and the number of SDVOSB,
10    who entered into contracts with the State under this Code
11    and the total value of those contracts.
12    (c) Yearly review and recommendations. Each year, each
13chief procurement officer shall review the progress of all
14State agencies under its jurisdiction in meeting the goal
15described in subsection (a), with input from statewide
16veterans' service organizations and from the business
17community, including businesses owned by qualified veterans,
18and shall make recommendations to be included in the Department
19of Central Management Services' report to the General Assembly
20regarding continuation, increases, or decreases of the
21percentage goal. The recommendations shall be based upon the
22number of businesses that are owned by qualified veterans and
23on the continued need to encourage and promote businesses owned
24by qualified veterans.
25    (d) Governor's recommendations. To assist the State in
26reaching the goal described in subsection (a), the Governor

 

 

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1shall recommend to the General Assembly changes in programs to
2assist businesses owned by qualified veterans.
3    (e) Definitions. As used in this Section:
4    "Armed forces of the United States" means the United States
5Army, Navy, Air Force, Marine Corps, Coast Guard, or service in
6active duty as defined under 38 U.S.C. Section 101. Service in
7the Merchant Marine that constitutes active duty under Section
8401 of federal Public Act 95-202 shall also be considered
9service in the armed forces for purposes of this Section.
10    "Certification" means a determination made by the Illinois
11Department of Veterans' Affairs and the Department of Central
12Management Services that a business entity is a qualified
13service-disabled veteran-owned small business or a qualified
14veteran-owned small business for whatever purpose. A SDVOSB or
15VOSB owned and controlled by women, minorities, or persons with
16disabilities, as those terms are defined in Section 2 of the
17Business Enterprise for Minorities, Women, and Persons with
18Disabilities Act, may also select and designate whether that
19business is to be certified as a "women-owned business",
20"minority-owned business", or "business owned by a person with
21a disability", as defined in Section 2 of the Business
22Enterprise for Minorities, Women, and Persons with
23Disabilities Act.
24    "Control" means the exclusive, ultimate, majority, or sole
25control of the business, including but not limited to capital
26investment and all other financial matters, property,

 

 

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1acquisitions, contract negotiations, legal matters,
2officer-director-employee selection and comprehensive hiring,
3operation responsibilities, cost-control matters, income and
4dividend matters, financial transactions, and rights of other
5shareholders or joint partners. Control shall be real,
6substantial, and continuing, not pro forma. Control shall
7include the power to direct or cause the direction of the
8management and policies of the business and to make the
9day-to-day as well as major decisions in matters of policy,
10management, and operations. Control shall be exemplified by
11possessing the requisite knowledge and expertise to run the
12particular business, and control shall not include simple
13majority or absentee ownership.
14    "Qualified service-disabled veteran" means a veteran who
15has been found to have 10% or more service-connected disability
16by the United States Department of Veterans Affairs or the
17United States Department of Defense.
18    "Qualified service-disabled veteran-owned small business"
19or "SDVOSB" means a small business (i) that is at least 51%
20owned by one or more qualified service-disabled veterans living
21in Illinois or, in the case of a corporation, at least 51% of
22the stock of which is owned by one or more qualified
23service-disabled veterans living in Illinois; (ii) that has its
24home office in Illinois; and (iii) for which items (i) and (ii)
25are factually verified annually by the Department of Central
26Management Services.

 

 

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1    "Qualified veteran-owned small business" or "VOSB" means a
2small business (i) that is at least 51% owned by one or more
3qualified veterans living in Illinois or, in the case of a
4corporation, at least 51% of the stock of which is owned by one
5or more qualified veterans living in Illinois; (ii) that has
6its home office in Illinois; and (iii) for which items (i) and
7(ii) are factually verified annually by the Department of
8Central Management Services.
9    "Service-connected disability" means a disability incurred
10in the line of duty in the active military, naval, or air
11service as described in 38 U.S.C. 101(16).
12    "Small business" means a business that has annual gross
13sales of less than $75,000,000 as evidenced by the federal
14income tax return of the business. A firm with gross sales in
15excess of this cap may apply to the Department of Central
16Management Services for certification for a particular
17contract if the firm can demonstrate that the contract would
18have significant impact on SDVOSB or VOSB as suppliers or
19subcontractors or in employment of veterans or
20service-disabled veterans.
21    "State agency" has the meaning provided in Section 1-15.100
22of this Code Women.
23    "Time of hostilities with a foreign country" means any
24period of time in the past, present, or future during which a
25declaration of war by the United States Congress has been or is
26in effect or during which an emergency condition has been or is

 

 

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1in effect that is recognized by the issuance of a Presidential
2proclamation or a Presidential executive order and in which the
3armed forces expeditionary medal or other campaign service
4medals are awarded according to Presidential executive order.
5    "Veteran" means a person who (i) has been a member of the
6armed forces of the United States or, while a citizen of the
7United States, was a member of the armed forces of allies of
8the United States in time of hostilities with a foreign country
9and (ii) has served under one or more of the following
10conditions: (a) the veteran served a total of at least 6
11months; (b) the veteran served for the duration of hostilities
12regardless of the length of the engagement; (c) the veteran was
13discharged on the basis of hardship; or (d) the veteran was
14released from active duty because of a service connected
15disability and was discharged under honorable conditions.
16    (f) Certification program. The Illinois Department of
17Veterans' Affairs and the Department of Central Management
18Services shall work together to devise a certification
19procedure to assure that businesses taking advantage of this
20Section are legitimately classified as qualified
21service-disabled veteran-owned small businesses or qualified
22veteran-owned small businesses.
23    (g) Penalties.
24        (1) Administrative penalties. The chief procurement
25    officers appointed pursuant to Section 10-20 shall suspend
26    any person who commits a violation of Section 17-10.3 or

 

 

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1    subsection (d) of Section 33E-6 of the Criminal Code of
2    2012 relating to this Section from bidding on, or
3    participating as a contractor, subcontractor, or supplier
4    in, any State contract or project for a period of not less
5    than 3 years, and, if the person is certified as a
6    service-disabled veteran-owned small business or a
7    veteran-owned small business, then the Department shall
8    revoke the business's certification for a period of not
9    less than 3 years. An additional or subsequent violation
10    shall extend the periods of suspension and revocation for a
11    period of not less than 5 years. The suspension and
12    revocation shall apply to the principals of the business
13    and any subsequent business formed or financed by, or
14    affiliated with, those principals.
15        (2) Reports of violations. Each State agency shall
16    report any alleged violation of Section 17-10.3 or
17    subsection (d) of Section 33E-6 of the Criminal Code of
18    2012 relating to this Section to the chief procurement
19    officers appointed pursuant to Section 10-20. The chief
20    procurement officers appointed pursuant to Section 10-20
21    shall subsequently report all such alleged violations to
22    the Attorney General, who shall determine whether to bring
23    a civil action against any person for the violation.
24        (3) List of suspended persons. The chief procurement
25    officers appointed pursuant to Section 10-20 shall monitor
26    the status of all reported violations of Section 17-10.3 or

 

 

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1    subsection (d) of Section 33E-6 of the Criminal Code of
2    1961 or the Criminal Code of 2012 relating to this Section
3    and shall maintain and make available to all State agencies
4    a central listing of all persons that committed violations
5    resulting in suspension.
6        (4) Use of suspended persons. During the period of a
7    person's suspension under paragraph (1) of this
8    subsection, a State agency shall not enter into any
9    contract with that person or with any contractor using the
10    services of that person as a subcontractor.
11        (5) Duty to check list. Each State agency shall check
12    the central listing provided by the chief procurement
13    officers appointed pursuant to Section 10-20 under
14    paragraph (3) of this subsection to verify that a person
15    being awarded a contract by that State agency, or to be
16    used as a subcontractor or supplier on a contract being
17    awarded by that State agency, is not under suspension
18    pursuant to paragraph (1) of this subsection.
19(Source: P.A. 100-43, eff. 8-9-17; 100-391, eff. 8-25-17;
20revised 10-13-17.)
 
21    Section 155. The Governmental Joint Purchasing Act is
22amended by changing Section 1 as follows:
 
23    (30 ILCS 525/1)  (from Ch. 85, par. 1601)
24    Sec. 1. Definitions. For the purposes of this Act: ,

 

 

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1    "Governmental unit" means the State of Illinois, any State
2agency as defined in Section 1-15.100 of the Illinois
3Procurement Code, officers of the State of Illinois, any public
4authority which has the power to tax, or any other public
5entity created by statute.
6    "Master contract" means a definite quantity or indefinite
7quantity contract awarded pursuant to this Act against which
8subsequent orders may be placed to meet the needs of a
9governmental unit or qualified not-for-profit agency.
10    "Multiple award" means an award that is made to 2 or more
11bidders or offerors for similar supplies or services.
12(Source: P.A. 100-43, eff. 8-9-17; revised 9-25-17.)
 
13    Section 160. The State Prompt Payment Act is amended by
14changing Section 7 as follows:
 
15    (30 ILCS 540/7)   (from Ch. 127, par. 132.407)
16    Sec. 7. Payments to subcontractors and material suppliers.
17    (a) When a State official or agency responsible for
18administering a contract submits a voucher to the Comptroller
19for payment to a contractor, that State official or agency
20shall promptly make available electronically the voucher
21number, the date of the voucher, and the amount of the voucher.
22The State official or agency responsible for administering the
23contract shall provide subcontractors and material suppliers,
24known to the State official or agency, with instructions on how

 

 

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1to access the electronic information.
2    (a-5) When a contractor receives any payment, the
3contractor shall pay each subcontractor and material supplier
4in proportion to the work completed by each subcontractor and
5material supplier its application or pay estimate, plus
6interest received under this Act. When a contractor receives
7any payment, the contractor shall pay each lower-tiered
8subcontractor and material supplier and each subcontractor and
9material supplier shall make payment to its own respective
10subcontractors and material suppliers. If the contractor
11receives less than the full payment due under the public
12construction contract, the contractor shall be obligated to
13disburse on a pro rata basis those funds received, plus
14interest received under this Act, with the contractor,
15subcontractors and material suppliers each receiving a
16prorated portion based on the amount of payment each has
17earned. When, however, the State official or agency does not
18release the full payment due under the contract because there
19are specific areas of work or materials the State agency or
20official has determined are not suitable for payment, then
21those specific subcontractors or material suppliers involved
22shall not be paid for that portion of work rejected or deemed
23not suitable for payment and all other subcontractors and
24suppliers shall be paid based upon the amount of payment each
25has earned, plus interest received under this Act.
26    (a-10) For construction contracts with the Department of

 

 

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1Transportation, the contractor, subcontractor, or material
2supplier, regardless of tier, shall not offset, decrease, or
3diminish payment or payments that are due to its subcontractors
4or material suppliers without reasonable cause.
5    A contractor, who refuses to make prompt payment, in whole
6or in part, shall provide to the subcontractor or material
7supplier and the public owner or its agent, a written notice of
8that refusal. The written notice shall be made by a contractor
9no later than 5 calendar days after payment is received by the
10contractor. The written notice shall identify the Department of
11Transportation's contract, any subcontract or material
12purchase agreement, a detailed reason for refusal, the value of
13the payment to be withheld, and the specific remedial actions
14required of the subcontractor or material supplier so that
15payment may be made. Written notice of refusal may be given in
16a form and method which is acceptable to the parties and public
17owner.
18    (b) If the contractor, without reasonable cause, fails to
19make full payment of amounts due under subsection (a) to its
20subcontractors and material suppliers within 15 calendar days
21after receipt of payment from the State official or agency, the
22contractor shall pay to its subcontractors and material
23suppliers, in addition to the payment due them, interest in the
24amount of 2% per month, calculated from the expiration of the
2515-day period until fully paid. This subsection shall further
26apply to any payments made by subcontractors and material

 

 

HB5447 Enrolled- 385 -LRB100 16294 AMC 31417 b

1suppliers to their subcontractors and material suppliers and to
2all payments made to lower tier subcontractors and material
3suppliers throughout the contracting chain.
4        (1) If a contractor, without reasonable cause, fails to
5    make payment in full as provided in subsection (a-5) within
6    15 calendar days after receipt of payment under the public
7    construction contract, any subcontractor or material
8    supplier to whom payments are owed may file a written
9    notice and request for administrative hearing with the
10    State official or agency setting forth the amount owed by
11    the contractor and the contractor's failure to timely pay
12    the amount owed. The written notice and request for
13    administrative hearing shall identify the public
14    construction contract, the contractor, and the amount
15    owed, and shall contain a sworn statement or attestation to
16    verify the accuracy of the notice. The notice and request
17    for administrative hearing shall be filed with the State
18    official for the public construction contract, with a copy
19    of the notice concurrently provided to the contractor.
20    Notice to the State official may be made by certified or
21    registered mail, messenger service, or personal service,
22    and must include proof of delivery to the State official.
23        (2) The State official or agency, within 15 calendar
24    days after receipt of a subcontractor's or material
25    supplier's written notice and request for administrative
26    hearing, shall hold a hearing convened by an administrative

 

 

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1    law judge to determine whether the contractor withheld
2    payment, without reasonable cause, from the subcontractors
3    or material suppliers and what amount, if any, is due to
4    the subcontractors or material suppliers, and the
5    reasonable cause or causes asserted by the contractor. The
6    State official or agency shall provide appropriate notice
7    to the parties of the date, time, and location of the
8    hearing. Each contractor, subcontractor, or material
9    supplier has the right to be represented by counsel at a
10    hearing and to cross-examine witnesses and challenge
11    documents. Upon the request of the subcontractor or
12    material supplier and a showing of good cause, reasonable
13    continuances may be granted by the administrative law
14    judge.
15        (3) Upon a finding by the administrative law judge that
16    the contractor failed to make payment in full, without
17    reasonable cause, as provided in subsection (a-10), then
18    the administrative law judge shall, in writing, order the
19    contractor to pay the amount owed to the subcontractors or
20    material suppliers plus interest within 15 calendar days
21    after the order.
22        (4) If a contractor fails to make full payment as
23    ordered under paragraph (3) of this subsection (b) within
24    15 days after the administrative law judge's order, then
25    the contractor shall be barred from entering into a State
26    public construction contract for a period of one year

 

 

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1    beginning on the date of the administrative law judge's
2    order.
3        (5) If, on 2 or more occasions within a 3-calendar-year
4    period, there is a finding by an administrative law judge
5    that the contractor failed to make payment in full, without
6    reasonable cause, and a written order was issued to a
7    contractor under paragraph (3) of this subsection (b), then
8    the contractor shall be barred from entering into a State
9    public construction contract for a period of 6 months
10    beginning on the date of the administrative law judge's
11    second written order, even if the payments required under
12    the orders were made in full.
13        (6) If a contractor fails to make full payment as
14    ordered under paragraph (4) of this subsection (b), the
15    subcontractor or material supplier may, within 30 days of
16    the date of that order, petition the State agency for an
17    order for reasonable attorney's fees and costs incurred in
18    the prosecution of the action under this subsection (b).
19    Upon that petition and taking of additional evidence, as
20    may be required, the administrative law judge may issue a
21    supplemental order directing the contractor to pay those
22    reasonable attorney's fees and costs.
23        (7) The written order of the administrative law judge
24    shall be final and appealable under the Administrative
25    Review Law.
26    (c) This Section shall not be construed to in any manner

 

 

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1diminish, negate, or interfere with the
2contractor-subcontractor or contractor-material supplier
3relationship or commercially useful function.
4    (d) This Section shall not preclude, bar, or stay the
5rights, remedies, and defenses available to the parties by way
6of the operation of their contract, purchase agreement, the
7Mechanics Lien Act, or the Public Construction Bond Act.
8    (e) State officials and agencies may adopt rules as may be
9deemed necessary in order to establish the formal procedures
10required under this Section.
11    (f) As used in this Section:,
12    "Payment" means the discharge of an obligation in money or
13other valuable consideration or thing delivered in full or
14partial satisfaction of an obligation to pay. "Payment" shall
15include interest paid pursuant to this Act.
16    "Reasonable cause" may include, but is not limited to,
17unsatisfactory workmanship or materials; failure to provide
18documentation required by the contract, subcontract, or
19material purchase agreement; claims made against the
20Department of Transportation or the subcontractor pursuant to
21subsection (c) of Section 23 of the Mechanics Lien Act or the
22Public Construction Bond Act; judgments, levies, garnishments,
23or other court-ordered assessments or offsets in favor of the
24Department of Transportation or other State agency entered
25against a subcontractor or material supplier. "Reasonable
26cause" does not include payments issued to the contractor that

 

 

HB5447 Enrolled- 389 -LRB100 16294 AMC 31417 b

1create a negative or reduced valuation pay application or pay
2estimate due to a reduction of contract quantities or work not
3performed or provided by the subcontractor or material
4supplier; the interception or withholding of funds for reasons
5not related to the subcontractor's or material supplier's work
6on the contract; anticipated claims or assessments of third
7parties not a party related to the contract or subcontract;
8asserted claims or assessments of third parties that are not
9authorized by court order, administrative tribunal, or
10statute. "Reasonable cause" further does not include the
11withholding, offset, or reduction of payment, in whole or in
12part, due to the assessment of liquidated damages or penalties
13assessed by the Department of Transportation against the
14contractor, unless the subcontractor's performance or supplied
15materials were the sole and proximate cause of the liquidated
16damage or penalty.
17(Source: P.A. 100-43, eff. 8-9-17; 100-376, eff. 1-1-18;
18revised 10-22-17.)
 
19    Section 165. The Business Enterprise for Minorities,
20Women, and Persons with Disabilities Act is amended by setting
21forth, renumbering, and changing multiple versions of Section
228g as follows:
 
23    (30 ILCS 575/8g)
24    (Section scheduled to be repealed on June 30, 2020)

 

 

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1    Sec. 8g. Business Enterprise Program Council reports.
2    (a) The Department of Central Management Services shall
3provide a report to the Council identifying all State agency
4non-construction solicitations that exceed $20,000,000 and
5that have less than a 20% established goal prior to
6publication.
7    (b) The Department of Central Management Services shall
8provide a report to the Council identifying all State agency
9non-construction awards that exceed $20,000,000. The report
10shall contain the following: (i) the name of the awardee; (ii)
11the total bid amount; (iii) the established Business Enterprise
12Program goal; (iv) the dollar amount and percentage of
13participation by businesses owned by minorities, women, and
14persons with disabilities; and (v) the names of the certified
15firms identified in the utilization plan.
16(Source: P.A. 100-391, eff. 8-25-17.)
 
17    (30 ILCS 575/8j)
18    (Section scheduled to be repealed on June 30, 2020)
19    Sec. 8j 8g. Special Committee on Minority, Female, Persons
20with Disabilities, and Veterans Contracting.
21    (a) There is created a Special Committee on Minority,
22Female, Persons with Disabilities, and Veterans Contracting
23under the Council. The Special Committee shall review Illinois'
24procurement laws regarding contracting with minority-owned
25businesses, women-owned female-owned businesses, businesses

 

 

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1owned by persons with disabilities, and veteran-owned
2businesses to determine what changes should be made to increase
3participation of these businesses in State procurements.
4    (b) The Special Committee shall consist of the following
5members:
6        (1) 3 persons each to be appointed by the Speaker of
7    the House of Representatives, the Minority Leader of the
8    House of Representatives, the President of the Senate, and
9    the Minority Leader of the Senate; only one Special
10    Committee member of each appointee under this paragraph may
11    be a current member of the General Assembly;
12        (2) the Director of Central Management Services, or his
13    or her designee;
14        (3) the chairperson of the Council, or his or her
15    designee; and
16        (4) each chief procurement officer.
17    (c) The Special Committee shall conduct at least 3
18hearings, with at least one hearing in Springfield and one in
19Chicago. Each hearing shall be open to the public and notice of
20the hearings shall be posted on the websites of the Procurement
21Policy Board, the Department of Central Management Services,
22and the General Assembly at least 6 days prior to the hearing.
23(Source: P.A. 100-43, eff. 8-9-17; revised 12-14-17.)
 
24    Section 170. The Grant Accountability and Transparency Act
25is amended by changing Section 45 as follows:
 

 

 

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1    (30 ILCS 708/45)
2    (Section scheduled to be repealed on July 16, 2020)
3    Sec. 45. Applicability.
4    (a) The requirements established under this Act apply to
5State grant-making agencies that make State and federal
6pass-through awards to non-federal entities. These
7requirements apply to all costs related to State and federal
8pass-through awards. The requirements established under this
9Act do not apply to private awards.
10    (a-5) Nothing in this Act shall prohibit the use of State
11funds for purposes of federal match or maintenance of effort.
12    (b) The terms and conditions of State, federal, and
13pass-through awards apply to subawards and subrecipients
14unless a particular Section of this Act or the terms and
15conditions of the State or federal award specifically indicate
16otherwise. Non-federal entities shall comply with requirements
17of this Act regardless of whether the non-federal entity is a
18recipient or subrecipient of a State or federal pass-through
19award. Pass-through entities shall comply with the
20requirements set forth under the rules adopted under subsection
21(a) of Section 20 of this Act, but not to any requirements in
22this Act directed towards State or federal awarding agencies,
23unless the requirements of the State or federal awards indicate
24otherwise.
25    When a non-federal entity is awarded a cost-reimbursement

 

 

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1contract, only 2 CFR 200.330 through 200.332 are incorporated
2by reference into the contract. However, when the Cost
3Accounting Standards are applicable to the contract, they take
4precedence over the requirements of this Act unless they are in
5conflict with Subpart F of 2 CFR 200. In addition, costs that
6are made unallowable under 10 U.S.C. 2324(e) and 41 U.S.C.
74304(a), as described in the Federal Acquisition Regulations,
8subpart 31.2 and subpart 31.603, are always unallowable. For
9requirements other than those covered in Subpart D of 2 CFR
10200.330 through 200.332, the terms of the contract and the
11Federal Acquisition Regulations apply.
12    With the exception of Subpart F of 2 CFR 200, which is
13required by the Single Audit Act, in any circumstances where
14the provisions of federal statutes or regulations differ from
15the provisions of this Act, the provision of the federal
16statutes or regulations govern. This includes, for agreements
17with Indian tribes, the provisions of the Indian
18Self-Determination and Education and Assistance Act, as
19amended, 25 U.S.C. 450-458ddd-2.
20    (c) State grant-making agencies may apply subparts A
21through E of 2 CFR 200 to for-profit entities, foreign public
22entities, or foreign organizations, except where the awarding
23agency determines that the application of these subparts would
24be inconsistent with the international obligations of the
25United States or the statute or regulations of a foreign
26government.

 

 

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1    (d) Except for 2 CFR 200.202 and 200.330 through 200.332,
2the requirements in Subparts C, D, and E of 2 CFR 200 do not
3apply to the following programs:
4        (1) The block grant awards authorized by the Omnibus
5    Budget Reconciliation Act of 1981 (including Community
6    Services; Preventive Health and Health Services; Alcohol,
7    Drug Abuse, and Mental Health Services; Maternal and Child
8    Health Services; Social Services; Low-Income Home Energy
9    Assistance; States' Program of Community Development Block
10    Grant Awards for Small Cities; and Elementary and Secondary
11    Education, other than programs administered by the
12    Secretary of Education under Title V, Subtitle D, Chapter
13    2, Section 583 - the Secretary's discretionary award
14    program) and both the Alcohol and Drug Abuse Treatment and
15    Rehabilitation Block Grant Award (42 U.S.C. 300x-21 to
16    300x-35 and 42 U.S.C. 300x-51 to 300x-64) and the Mental
17    Health Service for the Homeless Block Grant Award (42
18    U.S.C. 300x to 300x-9) under the Public Health Services
19    Act.
20        (2) Federal awards to local education agencies under 20
21    U.S.C. 7702 through 7703b (portions of the Impact Aid
22    program).
23        (3) Payments under the Department of Veterans Affairs'
24    State Home Per Diem Program (38 U.S.C. 1741).
25        (4) Federal awards authorized under the Child Care and
26    Development Block Grant Act of 1990, as amended, including

 

 

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1    the following:
2            (A) Child Care and Development Block Grant (42
3        U.S.C. 9858).
4            (B) Child Care Mandatory and Matching Funds of the
5        Child Care and Development Fund (42 U.S.C. 9858).
6    (e) Except for the 2 CFR 200.202 requirement to provide
7public notice of federal financial assistance programs, the
8guidance in Subpart C Pre-federal Award Requirements and
9Contents of Federal Awards does not apply to the following
10programs:
11        (1) Entitlement federal awards to carry out the
12    following programs of the Social Security Act:
13            (A) Temporary Assistance for to Needy Families
14        (Title IV-A of the Social Security Act, 42 U.S.C.
15        601-619);
16            (B) Child Support Enforcement and Establishment of
17        Paternity (Title IV-D of the Social Security Act, 42
18        U.S.C. 651-669b);
19            (C) Foster Care and Adoption Assistance (Title
20        IV-E of the Act, 42 U.S.C. 670-679c);
21            (D) Aid to the Aged, Blind, and Disabled (Titles I,
22        X, XIV, and XVI - AABD of the Act, as amended); and
23            (E) Medical Assistance (Medicaid) (42 U.S.C.
24        1396-1396w-5), not including the State Medicaid Fraud
25        Control program authorized by Section 1903(a)(6)(B) of
26        the Social Security Act (42 U.S.C. 1396b(a)(6)(B)).

 

 

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1        (2) A federal award for an experimental, pilot, or
2    demonstration project that is also supported by a federal
3    award listed in paragraph (1) of subsection (e) of this
4    Section.
5        (3) Federal awards under subsection 412(e) of the
6    Immigration and Nationality Act of 1965 and Section 501(a)
7    of the Refugee Education Assistance Act of 1980 for cash
8    assistance, medical assistance, and supplemental security
9    income benefits to refugees and entrants and the
10    administrative costs of providing the assistance and
11    benefits under 8 U.S.C. 1522(e).
12        (4) Entitlement awards under the following programs of
13    The National School Lunch Act:
14            (A) National School Lunch Program (42 U.S.C.
15        1753);
16            (B) Commodity Assistance (42 U.S.C. 1755);
17            (C) Special Meal Assistance (42 U.S.C. 1759a);
18            (D) Summer Food Service Program for Children (42
19        U.S.C. 1761); and
20            (E) Child and Adult Care Food Program (42 U.S.C.
21        1766).
22        (5) Entitlement awards under the following programs of
23    The Child Nutrition Act of 1966:
24            (A) Special Milk Program (42 U.S.C. 1772);
25            (B) School Breakfast Program (42 U.S.C. 1773); and
26            (C) State Administrative Expenses (42 U.S.C.

 

 

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1        1776).
2        (6) Entitlement awards for State Administrative
3    Expenses under The Food and Nutrition Act of 2008 (7 U.S.C.
4    2025).
5        (7) Non-discretionary federal awards under the
6    following non-entitlement programs:
7            (A) Special Supplemental Nutrition Program for
8        Women, Infants and Children under the Child Nutrition
9        Act of 1966 (42 U.S.C. 1786);
10            (B) The Emergency Food Assistance Programs
11        (Emergency Food Assistance Act of 1983) (7 U.S.C.
12        7501); and
13            (C) Commodity Supplemental Food Program (7 U.S.C.
14        612c).
15    (f) For public institutions of higher education, the
16provisions of this Act apply only to awards funded by State
17appropriations and federal pass-through awards from a State
18agency to public institutions of higher education.
19    (g) Each grant-making agency shall enhance its processes to
20monitor and address noncompliance with reporting requirements
21and with program performance standards. Where applicable, the
22process may include a corrective action plan. The monitoring
23process shall include a plan for tracking and documenting
24performance-based contracting decisions.
25(Source: P.A. 98-706, eff. 7-16-14; revised 9-25-17.)
 

 

 

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1    Section 175. The Downstate Public Transportation Act is
2amended by changing Section 2-3 as follows:
 
3    (30 ILCS 740/2-3)  (from Ch. 111 2/3, par. 663)
4    (Text of Section before amendment by P.A. 100-363)
5    Sec. 2-3. (a) As soon as possible after the first day of
6each month, beginning July 1, 1984, upon certification of the
7Department of Revenue, the Comptroller shall order
8transferred, and the Treasurer shall transfer, from the General
9Revenue Fund to a special fund in the State Treasury which is
10hereby created, to be known as the "Downstate Public
11Transportation Fund", an amount equal to 2/32 (beginning July
121, 2005, 3/32) of the net revenue realized from the "Retailers'
13Occupation Tax Act", as now or hereafter amended, the "Service
14Occupation Tax Act", as now or hereafter amended, the "Use Tax
15Act", as now or hereafter amended, and the "Service Use Tax
16Act", as now or hereafter amended, from persons incurring
17municipal or county retailers' or service occupation tax
18liability for the benefit of any municipality or county located
19wholly within the boundaries of each participant, other than
20any Metro-East Transit District participant certified pursuant
21to subsection (c) of this Section during the preceding month,
22except that the Department shall pay into the Downstate Public
23Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80%
24of the net revenue realized under the State tax Acts named
25above within any municipality or county located wholly within

 

 

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1the boundaries of each participant, other than any Metro-East
2participant, for tax periods beginning on or after January 1,
31990. Net revenue realized for a month shall be the revenue
4collected by the State pursuant to such Acts during the
5previous month from persons incurring municipal or county
6retailers' or service occupation tax liability for the benefit
7of any municipality or county located wholly within the
8boundaries of a participant, less the amount paid out during
9that same month as refunds or credit memoranda to taxpayers for
10overpayment of liability under such Acts for the benefit of any
11municipality or county located wholly within the boundaries of
12a participant.
13    Notwithstanding any provision of law to the contrary,
14beginning on July 6, 2017 (the effective date of Public Act
15100-23) this amendatory Act of the 100th General Assembly,
16those amounts required under this subsection (a) to be
17transferred by the Treasurer into the Downstate Public
18Transportation Fund from the General Revenue Fund shall be
19directly deposited into the Downstate Public Transportation
20Fund as the revenues are realized from the taxes indicated.
21    (b) As soon as possible after the first day of each month,
22beginning July 1, 1989, upon certification of the Department of
23Revenue, the Comptroller shall order transferred, and the
24Treasurer shall transfer, from the General Revenue Fund to a
25special fund in the State Treasury which is hereby created, to
26be known as the "Metro-East Public Transportation Fund", an

 

 

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1amount equal to 2/32 of the net revenue realized, as above,
2from within the boundaries of Madison, Monroe, and St. Clair
3Counties, except that the Department shall pay into the
4Metro-East Public Transportation Fund 2/32 of 80% of the net
5revenue realized under the State tax Acts specified in
6subsection (a) of this Section within the boundaries of
7Madison, Monroe and St. Clair Counties for tax periods
8beginning on or after January 1, 1990. A local match equivalent
9to an amount which could be raised by a tax levy at the rate of
10.05% on the assessed value of property within the boundaries of
11Madison County is required annually to cause a total of 2/32 of
12the net revenue to be deposited in the Metro-East Public
13Transportation Fund. Failure to raise the required local match
14annually shall result in only 1/32 being deposited into the
15Metro-East Public Transportation Fund after July 1, 1989, or
161/32 of 80% of the net revenue realized for tax periods
17beginning on or after January 1, 1990.
18    (b-5) As soon as possible after the first day of each
19month, beginning July 1, 2005, upon certification of the
20Department of Revenue, the Comptroller shall order
21transferred, and the Treasurer shall transfer, from the General
22Revenue Fund to the Downstate Public Transportation Fund, an
23amount equal to 3/32 of 80% of the net revenue realized from
24within the boundaries of Monroe and St. Clair Counties under
25the State Tax Acts specified in subsection (a) of this Section
26and provided further that, beginning July 1, 2005, the

 

 

HB5447 Enrolled- 401 -LRB100 16294 AMC 31417 b

1provisions of subsection (b) shall no longer apply with respect
2to such tax receipts from Monroe and St. Clair Counties.
3    Notwithstanding any provision of law to the contrary,
4beginning on July 6, 2017 (the effective date of Public Act
5100-23) this amendatory Act of the 100th General Assembly,
6those amounts required under this subsection (b-5) to be
7transferred by the Treasurer into the Downstate Public
8Transportation Fund from the General Revenue Fund shall be
9directly deposited into the Downstate Public Transportation
10Fund as the revenues are realized from the taxes indicated.
11    (b-6) As soon as possible after the first day of each
12month, beginning July 1, 2008, upon certification by the
13Department of Revenue, the Comptroller shall order transferred
14and the Treasurer shall transfer, from the General Revenue Fund
15to the Downstate Public Transportation Fund, an amount equal to
163/32 of 80% of the net revenue realized from within the
17boundaries of Madison County under the State Tax Acts specified
18in subsection (a) of this Section and provided further that,
19beginning July 1, 2008, the provisions of subsection (b) shall
20no longer apply with respect to such tax receipts from Madison
21County.
22    Notwithstanding any provision of law to the contrary,
23beginning on July 6, 2017 (the effective date of Public Act
24100-23) this amendatory Act of the 100th General Assembly,
25those amounts required under this subsection (b-6) to be
26transferred by the Treasurer into the Downstate Public

 

 

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1Transportation Fund from the General Revenue Fund shall be
2directly deposited into the Downstate Public Transportation
3Fund as the revenues are realized from the taxes indicated.
4    (c) The Department shall certify to the Department of
5Revenue the eligible participants under this Article and the
6territorial boundaries of such participants for the purposes of
7the Department of Revenue in subsections (a) and (b) of this
8Section.
9    (d) For the purposes of this Article, beginning in fiscal
10year 2009 the General Assembly shall appropriate an amount from
11the Downstate Public Transportation Fund equal to the sum total
12funds projected to be paid to the participants pursuant to
13Section 2-7. If the General Assembly fails to make
14appropriations sufficient to cover the amounts projected to be
15paid pursuant to Section 2-7, this Act shall constitute an
16irrevocable and continuing appropriation from the Downstate
17Public Transportation Fund of all amounts necessary for those
18purposes.
19    (e) Notwithstanding anything in this Section to the
20contrary, amounts transferred from the General Revenue Fund to
21the Downstate Public Transportation Fund pursuant to this
22Section shall not exceed $169,000,000 in State fiscal year
232012.
24    (f) For State fiscal year 2018 only, notwithstanding any
25provision of law to the contrary, the total amount of revenue
26and deposits under this Section attributable to revenues

 

 

HB5447 Enrolled- 403 -LRB100 16294 AMC 31417 b

1realized during State fiscal year 2018 shall be reduced by 10%.
2(Source: P.A. 100-23, eff. 7-6-17; revised 10-20-17.)
 
3    (Text of Section after amendment by P.A. 100-363)
4    Sec. 2-3. (a) As soon as possible after the first day of
5each month, beginning July 1, 1984, upon certification of the
6Department of Revenue, the Comptroller shall order
7transferred, and the Treasurer shall transfer, from the General
8Revenue Fund to a special fund in the State Treasury which is
9hereby created, to be known as the "Downstate Public
10Transportation Fund", an amount equal to 2/32 (beginning July
111, 2005, 3/32) of the net revenue realized from the "Retailers'
12Occupation Tax Act", as now or hereafter amended, the "Service
13Occupation Tax Act", as now or hereafter amended, the "Use Tax
14Act", as now or hereafter amended, and the "Service Use Tax
15Act", as now or hereafter amended, from persons incurring
16municipal or county retailers' or service occupation tax
17liability for the benefit of any municipality or county located
18wholly within the boundaries of each participant, other than
19any Metro-East Transit District participant certified pursuant
20to subsection (c) of this Section during the preceding month,
21except that the Department shall pay into the Downstate Public
22Transportation Fund 2/32 (beginning July 1, 2005, 3/32) of 80%
23of the net revenue realized under the State tax Acts named
24above within any municipality or county located wholly within
25the boundaries of each participant, other than any Metro-East

 

 

HB5447 Enrolled- 404 -LRB100 16294 AMC 31417 b

1participant, for tax periods beginning on or after January 1,
21990. Net revenue realized for a month shall be the revenue
3collected by the State pursuant to such Acts during the
4previous month from persons incurring municipal or county
5retailers' or service occupation tax liability for the benefit
6of any municipality or county located wholly within the
7boundaries of a participant, less the amount paid out during
8that same month as refunds or credit memoranda to taxpayers for
9overpayment of liability under such Acts for the benefit of any
10municipality or county located wholly within the boundaries of
11a participant.
12    Notwithstanding any provision of law to the contrary,
13beginning on July 6, 2017 (the effective date of Public Act
14100-23) this amendatory Act of the 100th General Assembly,
15those amounts required under this subsection (a) to be
16transferred by the Treasurer into the Downstate Public
17Transportation Fund from the General Revenue Fund shall be
18directly deposited into the Downstate Public Transportation
19Fund as the revenues are realized from the taxes indicated.
20    (b) As soon as possible after the first day of each month,
21beginning July 1, 1989, upon certification of the Department of
22Revenue, the Comptroller shall order transferred, and the
23Treasurer shall transfer, from the General Revenue Fund to a
24special fund in the State Treasury which is hereby created, to
25be known as the "Metro-East Public Transportation Fund", an
26amount equal to 2/32 of the net revenue realized, as above,

 

 

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1from within the boundaries of Madison, Monroe, and St. Clair
2Counties, except that the Department shall pay into the
3Metro-East Public Transportation Fund 2/32 of 80% of the net
4revenue realized under the State tax Acts specified in
5subsection (a) of this Section within the boundaries of
6Madison, Monroe and St. Clair Counties for tax periods
7beginning on or after January 1, 1990. A local match equivalent
8to an amount which could be raised by a tax levy at the rate of
9.05% on the assessed value of property within the boundaries of
10Madison County is required annually to cause a total of 2/32 of
11the net revenue to be deposited in the Metro-East Public
12Transportation Fund. Failure to raise the required local match
13annually shall result in only 1/32 being deposited into the
14Metro-East Public Transportation Fund after July 1, 1989, or
151/32 of 80% of the net revenue realized for tax periods
16beginning on or after January 1, 1990.
17    (b-5) As soon as possible after the first day of each
18month, beginning July 1, 2005, upon certification of the
19Department of Revenue, the Comptroller shall order
20transferred, and the Treasurer shall transfer, from the General
21Revenue Fund to the Downstate Public Transportation Fund, an
22amount equal to 3/32 of 80% of the net revenue realized from
23within the boundaries of Monroe and St. Clair Counties under
24the State Tax Acts specified in subsection (a) of this Section
25and provided further that, beginning July 1, 2005, the
26provisions of subsection (b) shall no longer apply with respect

 

 

HB5447 Enrolled- 406 -LRB100 16294 AMC 31417 b

1to such tax receipts from Monroe and St. Clair Counties.
2    Notwithstanding any provision of law to the contrary,
3beginning on July 6, 2017 (the effective date of Public Act
4100-23) this amendatory Act of the 100th General Assembly,
5those amounts required under this subsection (b-5) to be
6transferred by the Treasurer into the Downstate Public
7Transportation Fund from the General Revenue Fund shall be
8directly deposited into the Downstate Public Transportation
9Fund as the revenues are realized from the taxes indicated.
10    (b-6) As soon as possible after the first day of each
11month, beginning July 1, 2008, upon certification by the
12Department of Revenue, the Comptroller shall order transferred
13and the Treasurer shall transfer, from the General Revenue Fund
14to the Downstate Public Transportation Fund, an amount equal to
153/32 of 80% of the net revenue realized from within the
16boundaries of Madison County under the State Tax Acts specified
17in subsection (a) of this Section and provided further that,
18beginning July 1, 2008, the provisions of subsection (b) shall
19no longer apply with respect to such tax receipts from Madison
20County.
21    Notwithstanding any provision of law to the contrary,
22beginning on July 6, 2017 (the effective date of Public Act
23100-23) this amendatory Act of the 100th General Assembly,
24those amounts required under this subsection (b-6) to be
25transferred by the Treasurer into the Downstate Public
26Transportation Fund from the General Revenue Fund shall be

 

 

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1directly deposited into the Downstate Public Transportation
2Fund as the revenues are realized from the taxes indicated.
3    (b-7) Beginning July 1, 2018, notwithstanding the other
4provisions of this Section, instead of the Comptroller making
5monthly transfers from the General Revenue Fund to the
6Downstate Public Transportation Fund, the Department of
7Revenue shall deposit the designated fraction of the net
8revenue realized from collections under the Retailers'
9Occupation Tax Act, the Service Occupation Tax Act, the Use Tax
10Act, and the Service Use Tax Act directly into the Downstate
11Public Transportation Fund.
12    (c) The Department shall certify to the Department of
13Revenue the eligible participants under this Article and the
14territorial boundaries of such participants for the purposes of
15the Department of Revenue in subsections (a) and (b) of this
16Section.
17    (d) For the purposes of this Article, beginning in fiscal
18year 2009 the General Assembly shall appropriate an amount from
19the Downstate Public Transportation Fund equal to the sum total
20funds projected to be paid to the participants pursuant to
21Section 2-7. If the General Assembly fails to make
22appropriations sufficient to cover the amounts projected to be
23paid pursuant to Section 2-7, this Act shall constitute an
24irrevocable and continuing appropriation from the Downstate
25Public Transportation Fund of all amounts necessary for those
26purposes.

 

 

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1    (e) Notwithstanding anything in this Section to the
2contrary, amounts transferred from the General Revenue Fund to
3the Downstate Public Transportation Fund pursuant to this
4Section shall not exceed $169,000,000 in State fiscal year
52012.
6    (f) For State fiscal year 2018 only, notwithstanding any
7provision of law to the contrary, the total amount of revenue
8and deposits under this Section attributable to revenues
9realized during State fiscal year 2018 shall be reduced by 10%.
10(Source: P.A. 100-23, eff. 7-6-17; 100-363, eff. 7-1-18;
11revised 10-20-17.)
 
12    Section 180. The Build Illinois Act is amended by changing
13Section 9-3 as follows:
 
14    (30 ILCS 750/9-3)  (from Ch. 127, par. 2709-3)
15    Sec. 9-3. Powers and duties. The Department has the power:
16        (a) To make loans or equity investments to small
17    businesses, and to make loans or grants or investments to
18    or through financial intermediaries. The loans and
19    investments shall be made from appropriations from the
20    Build Illinois Bond Fund, Illinois Capital Revolving Loan
21    Fund, State Small Business Credit Initiative Fund, or
22    Illinois Equity Fund for the purpose of promoting the
23    creation or retention of jobs within small businesses or to
24    modernize or maintain competitiveness of firms in

 

 

HB5447 Enrolled- 409 -LRB100 16294 AMC 31417 b

1    Illinois. The grants shall be made from appropriations from
2    the Build Illinois Bond Fund or Illinois Capital Revolving
3    Loan Fund for the purpose of technical assistance.
4        (b) To make loans to or investments in businesses that
5    have received federal Phase I Small Business Innovation
6    Research grants as a bridge while awaiting federal Phase II
7    Small Business Innovation Research grant funds.
8        (c) To enter into interagency agreements, accept funds
9    or grants, and engage in cooperation with agencies of the
10    federal government, local units of government,
11    universities, research foundations, political subdivisions
12    of the State, financial intermediaries, and regional
13    economic development corporations or organizations for the
14    purposes of carrying out this Article.
15        (d) To enter into contracts, financial intermediary
16    agreements, or any other agreements or contracts with
17    financial intermediaries necessary or desirable to further
18    the purposes of this Article. Any such agreement or
19    contract may include, without limitation, terms and
20    provisions, including, but not limited to, loan
21    documentation, review and approval procedures,
22    organization and servicing rights, and default conditions.
23        (e) To fix, determine, charge and collect any premiums,
24    fees, charges, costs and expenses, including, without
25    limitation, any application fees, commitment fees, program
26    fees, financing charges, collection fees, training fees,

 

 

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1    or publication fees in connection with its activities under
2    this Article and to accept from any source any gifts,
3    donations, or contributions of money, property, labor, or
4    other things of value to be held, used, and applied to
5    carry out the purposes of this Article. All fees, charges,
6    collections, gifts, donations, or other contributions
7    shall be deposited into the Illinois Capital Revolving Loan
8    Fund, or the State Small Business Credit Initiative Fund.
9        (f) To establish application, notification, contract,
10    and other forms, procedures, rules or regulations deemed
11    necessary and appropriate.
12        (g) To consent, subject to the provisions of any
13    contract with another person, whenever it deems it
14    necessary or desirable in the fulfillment of the purposes
15    of this Article, to the modification or restructuring of
16    any financial intermediary agreement, loan agreement or
17    any equity investment agreement to which the Department is
18    a party.
19        (h) To take whatever actions are necessary or
20    appropriate to protect the State's interest in the event of
21    bankruptcy, default, foreclosure, or noncompliance with
22    the terms and conditions of financial assistance or
23    participation provided hereunder or to otherwise protect
24    or affect the State's interest, including the power to
25    sell, dispose, lease or rent, upon terms and conditions
26    determined by the Director to be appropriate, real or

 

 

HB5447 Enrolled- 411 -LRB100 16294 AMC 31417 b

1    personal property which the Department may receive as a
2    result thereof.
3        (i) To deposit any "Qualified Securities" which have
4    been received by the Department as the result of any
5    financial intermediary agreement, loan, or equity
6    investment agreement executed in the carrying out of this
7    Act, with the Office of the State Treasurer and held by
8    that office until agreement to transfer such qualified
9    security shall be certified by the Director of Commerce and
10    Economic Opportunity.
11        (j) To assist small businesses that seek to apply for
12    public or private capital in preparing the application and
13    to supply them with grant information, plans, reports,
14    assistance, or advice on development finance and to assist
15    financial intermediaries and participating lenders to
16    build capacity to make debt or equity investments through
17    conferences, workshops, seminars, publications, or any
18    other media.
19        (k) To provide for staff, administration, and related
20    support required to manage the programs authorized under
21    this Article and pay for staffing and administration from
22    the Illinois Capital Revolving Loan Fund, or the State
23    Small Business Credit Initiative Fund, as appropriated by
24    the General Assembly. Administration responsibilities may
25    include, but are not limited to, research and
26    identification of credit disadvantaged groups; design of

 

 

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1    comprehensive statewide capital access plans and programs
2    addressing capital gap and capital marketplace structure
3    and information barriers; direction, management, and
4    control of specific projects; and communicate and
5    cooperation with public development finance organizations
6    and private debt and equity sources.
7        (l) To exercise such other powers as are necessary or
8    incidental to the foregoing.
9(Source: P.A. 99-933, eff. 1-27-17; 100-377, eff. 8-25-17;
10revised 9-27-17.)
 
11    Section 185. The State Mandates Act is amended by changing
12Section 8.41 as follows:
 
13    (30 ILCS 805/8.41)
14    Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8
15of this Act, no reimbursement by the State is required for the
16implementation of any mandate created by Public Act 100-23,
17100-239, 100-281, 100-455, or 100-544 this amendatory Act of
18the 100th General Assembly.
19(Source: P.A. 100-23, eff. 7-6-17; 100-239, eff. 8-18-17;
20100-281, eff. 8-24-17; 100-455, eff. 8-25-17; 100-544, eff.
2111-8-17; revised 12-7-17.)
 
22    Section 190. The Illinois Income Tax Act is amended by
23changing Sections 220, 704A, 901, and 917 as follows:
 

 

 

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1    (35 ILCS 5/220)
2    Sec. 220. Angel investment credit.
3    (a) As used in this Section:
4    "Applicant" means a corporation, partnership, limited
5liability company, or a natural person that makes an investment
6in a qualified new business venture. The term "applicant" does
7not include a corporation, partnership, limited liability
8company, or a natural person who has a direct or indirect
9ownership interest of at least 51% in the profits, capital, or
10value of the investment or a related member.
11    "Claimant" means an applicant certified by the Department
12who files a claim for a credit under this Section.
13    "Department" means the Department of Commerce and Economic
14Opportunity.
15    "Investment" means money (or its equivalent) given to a
16qualified new business venture, at a risk of loss, in
17consideration for an equity interest of the qualified new
18business venture. The Department may adopt rules to permit
19certain forms of contingent equity investments to be considered
20eligible for a tax credit under this Section.
21    "Qualified new business venture" means a business that is
22registered with the Department under this Section.
23    "Related member" means a person that, with respect to the
24applicant, is any one of the following:
25        (1) An individual, if the individual and the members of

 

 

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1    the individual's family (as defined in Section 318 of the
2    Internal Revenue Code) own directly, indirectly,
3    beneficially, or constructively, in the aggregate, at
4    least 50% of the value of the outstanding profits, capital,
5    stock, or other ownership interest in the applicant.
6        (2) A partnership, estate, or trust and any partner or
7    beneficiary, if the partnership, estate, or trust and its
8    partners or beneficiaries own directly, indirectly,
9    beneficially, or constructively, in the aggregate, at
10    least 50% of the profits, capital, stock, or other
11    ownership interest in the applicant.
12        (3) A corporation, and any party related to the
13    corporation in a manner that would require an attribution
14    of stock from the corporation under the attribution rules
15    of Section 318 of the Internal Revenue Code, if the
16    applicant and any other related member own, in the
17    aggregate, directly, indirectly, beneficially, or
18    constructively, at least 50% of the value of the
19    corporation's outstanding stock.
20        (4) A corporation and any party related to that
21    corporation in a manner that would require an attribution
22    of stock from the corporation to the party or from the
23    party to the corporation under the attribution rules of
24    Section 318 of the Internal Revenue Code, if the
25    corporation and all such related parties own, in the
26    aggregate, at least 50% of the profits, capital, stock, or

 

 

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1    other ownership interest in the applicant.
2        (5) A person to or from whom there is attribution of
3    stock ownership in accordance with Section 1563(e) of the
4    Internal Revenue Code, except that for purposes of
5    determining whether a person is a related member under this
6    paragraph, "20%" shall be substituted for "5%" whenever
7    "5%" appears in Section 1563(e) of the Internal Revenue
8    Code.
9    (b) For taxable years beginning after December 31, 2010,
10and ending on or before December 31, 2021, subject to the
11limitations provided in this Section, a claimant may claim, as
12a credit against the tax imposed under subsections (a) and (b)
13of Section 201 of this Act, an amount equal to 25% of the
14claimant's investment made directly in a qualified new business
15venture. In order for an investment in a qualified new business
16venture to be eligible for tax credits, the business must have
17applied for and received certification under subsection (e) for
18the taxable year in which the investment was made prior to the
19date on which the investment was made. The credit under this
20Section may not exceed the taxpayer's Illinois income tax
21liability for the taxable year. If the amount of the credit
22exceeds the tax liability for the year, the excess may be
23carried forward and applied to the tax liability of the 5
24taxable years following the excess credit year. The credit
25shall be applied to the earliest year for which there is a tax
26liability. If there are credits from more than one tax year

 

 

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1that are available to offset a liability, the earlier credit
2shall be applied first. In the case of a partnership or
3Subchapter S Corporation, the credit is allowed to the partners
4or shareholders in accordance with the determination of income
5and distributive share of income under Sections 702 and 704 and
6Subchapter S of the Internal Revenue Code.
7    (c) The minimum amount an applicant must invest in any
8single qualified new business venture in order to be eligible
9for a credit under this Section is $10,000. The maximum amount
10of an applicant's total investment made in any single qualified
11new business venture that may be used as the basis for a credit
12under this Section is $2,000,000.
13    (d) The Department shall implement a program to certify an
14applicant for an angel investment credit. Upon satisfactory
15review, the Department shall issue a tax credit certificate
16stating the amount of the tax credit to which the applicant is
17entitled. The Department shall annually certify that: (i) each
18qualified new business venture that receives an angel
19investment under this Section has maintained a minimum
20employment threshold, as defined by rule, in the State (and
21continues to maintain a minimum employment threshold in the
22State for a period of no less than 3 years from the issue date
23of the last tax credit certificate issued by the Department
24with respect to such business pursuant to this Section); and
25(ii) the claimant's investment has been made and remains,
26except in the event of a qualifying liquidity event, in the

 

 

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1qualified new business venture for no less than 3 years.
2    If an investment for which a claimant is allowed a credit
3under subsection (b) is held by the claimant for less than 3
4years, other than as a result of a permitted sale of the
5investment to person who is not a related member, the claimant
6shall pay to the Department of Revenue, in the manner
7prescribed by the Department of Revenue, the aggregate amount
8of the disqualified credits that the claimant received related
9to the subject investment.
10    If the Department determines that a qualified new business
11venture failed to maintain a minimum employment threshold in
12the State through the date which is 3 years from the issue date
13of the last tax credit certificate issued by the Department
14with respect to the subject business pursuant to this Section,
15the claimant or claimants shall pay to the Department of
16Revenue, in the manner prescribed by the Department of Revenue,
17the aggregate amount of the disqualified credits that claimant
18or claimants received related to investments in that business.
19    (e) The Department shall implement a program to register
20qualified new business ventures for purposes of this Section. A
21business desiring registration under this Section shall be
22required to submit a full and complete application to the
23Department. A submitted application shall be effective only for
24the taxable year in which it is submitted, and a business
25desiring registration under this Section shall be required to
26submit a separate application in and for each taxable year for

 

 

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1which the business desires registration. Further, if at any
2time prior to the acceptance of an application for registration
3under this Section by the Department one or more events occurs
4which makes the information provided in that application
5materially false or incomplete (in whole or in part), the
6business shall promptly notify the Department of the same. Any
7failure of a business to promptly provide the foregoing
8information to the Department may, at the discretion of the
9Department, result in a revocation of a previously approved
10application for that business, or disqualification of the
11business from future registration under this Section, or both.
12The Department may register the business only if all of the
13following conditions are satisfied:
14        (1) it has its principal place of business in this
15    State;
16        (2) at least 51% of the employees employed by the
17    business are employed in this State;
18        (3) the business has the potential for increasing jobs
19    in this State, increasing capital investment in this State,
20    or both, as determined by the Department, and either of the
21    following apply:
22            (A) it is principally engaged in innovation in any
23        of the following: manufacturing; biotechnology;
24        nanotechnology; communications; agricultural sciences;
25        clean energy creation or storage technology;
26        processing or assembling products, including medical

 

 

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1        devices, pharmaceuticals, computer software, computer
2        hardware, semiconductors, other innovative technology
3        products, or other products that are produced using
4        manufacturing methods that are enabled by applying
5        proprietary technology; or providing services that are
6        enabled by applying proprietary technology; or
7            (B) it is undertaking pre-commercialization
8        activity related to proprietary technology that
9        includes conducting research, developing a new product
10        or business process, or developing a service that is
11        principally reliant on applying proprietary
12        technology;
13        (4) it is not principally engaged in real estate
14    development, insurance, banking, lending, lobbying,
15    political consulting, professional services provided by
16    attorneys, accountants, business consultants, physicians,
17    or health care consultants, wholesale or retail trade,
18    leisure, hospitality, transportation, or construction,
19    except construction of power production plants that derive
20    energy from a renewable energy resource, as defined in
21    Section 1 of the Illinois Power Agency Act;
22        (5) at the time it is first certified:
23            (A) it has fewer than 100 employees;
24            (B) it has been in operation in Illinois for not
25        more than 10 consecutive years prior to the year of
26        certification; and

 

 

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1            (C) it has received not more than $10,000,000 in
2        aggregate investments;
3        (5.1) it agrees to maintain a minimum employment
4    threshold in the State of Illinois prior to the date which
5    is 3 years from the issue date of the last tax credit
6    certificate issued by the Department with respect to that
7    business pursuant to this Section;
8        (6) (blank); and
9        (7) it has received not more than $4,000,000 in
10    investments that qualified for tax credits under this
11    Section.
12    (f) The Department, in consultation with the Department of
13Revenue, shall adopt rules to administer this Section. The
14aggregate amount of the tax credits that may be claimed under
15this Section for investments made in qualified new business
16ventures shall be limited at $10,000,000 per calendar year, of
17which $500,000 shall be reserved for investments made in
18qualified new business ventures which are minority-owned
19"minority owned businesses", female-owned "female owned
20businesses", or "businesses owned by a person with a
21disability" (as those terms are used and defined in the
22Business Enterprise for Minorities, Women Females, and Persons
23with Disabilities Act), and an additional $500,000 shall be
24reserved for investments made in qualified new business
25ventures with their principal place of business in counties
26with a population of not more than 250,000. The foregoing

 

 

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1annual allowable amounts shall be allocated by the Department,
2on a per calendar quarter basis and prior to the commencement
3of each calendar year, in such proportion as determined by the
4Department, provided that: (i) the amount initially allocated
5by the Department for any one calendar quarter shall not exceed
635% of the total allowable amount; and (ii) any portion of the
7allocated allowable amount remaining unused as of the end of
8any of the first 2 calendar quarters of a given calendar year
9shall be rolled into, and added to, the total allocated amount
10for the next available calendar quarter.
11    (g) A claimant may not sell or otherwise transfer a credit
12awarded under this Section to another person.
13    (h) On or before March 1 of each year, the Department shall
14report to the Governor and to the General Assembly on the tax
15credit certificates awarded under this Section for the prior
16calendar year.
17        (1) This report must include, for each tax credit
18    certificate awarded:
19            (A) the name of the claimant and the amount of
20        credit awarded or allocated to that claimant;
21            (B) the name and address (including the county) of
22        the qualified new business venture that received the
23        investment giving rise to the credit, the North
24        American Industry Classification System (NAICS) code
25        applicable to that qualified new business venture, and
26        the number of employees of the qualified new business

 

 

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1        venture; and
2            (C) the date of approval by the Department of each
3        claimant's tax credit certificate.
4        (2) The report must also include:
5            (A) the total number of applicants and the total
6        number of claimants, including the amount of each tax
7        credit certificate awarded to a claimant under this
8        Section in the prior calendar year;
9            (B) the total number of applications from
10        businesses seeking registration under this Section,
11        the total number of new qualified business ventures
12        registered by the Department, and the aggregate amount
13        of investment upon which tax credit certificates were
14        issued in the prior calendar year; and
15            (C) the total amount of tax credit certificates
16        sought by applicants, the amount of each tax credit
17        certificate issued to a claimant, the aggregate amount
18        of all tax credit certificates issued in the prior
19        calendar year and the aggregate amount of tax credit
20        certificates issued as authorized under this Section
21        for all calendar years.
22    (i) For each business seeking registration under this
23Section after December 31, 2016, the Department shall require
24the business to include in its application the North American
25Industry Classification System (NAICS) code applicable to the
26business and the number of employees of the business at the

 

 

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1time of application. Each business registered by the Department
2as a qualified new business venture that receives an investment
3giving rise to the issuance of a tax credit certificate
4pursuant to this Section shall, for each of the 3 years
5following the issue date of the last tax credit certificate
6issued by the Department with respect to such business pursuant
7to this Section, report to the Department the following:
8        (1) the number of employees and the location at which
9    those employees are employed, both as of the end of each
10    year;
11        (2) the amount of additional new capital investment
12    raised as of the end of each year, if any; and
13        (3) the terms of any liquidity event occurring during
14    such year; for the purposes of this Section, a "liquidity
15    event" means any event that would be considered an exit for
16    an illiquid investment, including any event that allows the
17    equity holders of the business (or any material portion
18    thereof) to cash out some or all of their respective equity
19    interests.
20(Source: P.A. 100-328, eff. 1-1-18; revised 12-14-17.)
 
21    (35 ILCS 5/704A)
22    Sec. 704A. Employer's return and payment of tax withheld.
23    (a) In general, every employer who deducts and withholds or
24is required to deduct and withhold tax under this Act on or
25after January 1, 2008 shall make those payments and returns as

 

 

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1provided in this Section.
2    (b) Returns. Every employer shall, in the form and manner
3required by the Department, make returns with respect to taxes
4withheld or required to be withheld under this Article 7 for
5each quarter beginning on or after January 1, 2008, on or
6before the last day of the first month following the close of
7that quarter.
8    (c) Payments. With respect to amounts withheld or required
9to be withheld on or after January 1, 2008:
10        (1) Semi-weekly payments. For each calendar year, each
11    employer who withheld or was required to withhold more than
12    $12,000 during the one-year period ending on June 30 of the
13    immediately preceding calendar year, payment must be made:
14            (A) on or before each Friday of the calendar year,
15        for taxes withheld or required to be withheld on the
16        immediately preceding Saturday, Sunday, Monday, or
17        Tuesday;
18            (B) on or before each Wednesday of the calendar
19        year, for taxes withheld or required to be withheld on
20        the immediately preceding Wednesday, Thursday, or
21        Friday.
22        Beginning with calendar year 2011, payments made under
23    this paragraph (1) of subsection (c) must be made by
24    electronic funds transfer.
25        (2) Semi-weekly payments. Any employer who withholds
26    or is required to withhold more than $12,000 in any quarter

 

 

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1    of a calendar year is required to make payments on the
2    dates set forth under item (1) of this subsection (c) for
3    each remaining quarter of that calendar year and for the
4    subsequent calendar year.
5        (3) Monthly payments. Each employer, other than an
6    employer described in items (1) or (2) of this subsection,
7    shall pay to the Department, on or before the 15th day of
8    each month the taxes withheld or required to be withheld
9    during the immediately preceding month.
10        (4) Payments with returns. Each employer shall pay to
11    the Department, on or before the due date for each return
12    required to be filed under this Section, any tax withheld
13    or required to be withheld during the period for which the
14    return is due and not previously paid to the Department.
15    (d) Regulatory authority. The Department may, by rule:
16        (1) Permit employers, in lieu of the requirements of
17    subsections (b) and (c), to file annual returns due on or
18    before January 31 of the year for taxes withheld or
19    required to be withheld during the previous calendar year
20    and, if the aggregate amounts required to be withheld by
21    the employer under this Article 7 (other than amounts
22    required to be withheld under Section 709.5) do not exceed
23    $1,000 for the previous calendar year, to pay the taxes
24    required to be shown on each such return no later than the
25    due date for such return.
26        (2) Provide that any payment required to be made under

 

 

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1    subsection (c)(1) or (c)(2) is deemed to be timely to the
2    extent paid by electronic funds transfer on or before the
3    due date for deposit of federal income taxes withheld from,
4    or federal employment taxes due with respect to, the wages
5    from which the Illinois taxes were withheld.
6        (3) Designate one or more depositories to which payment
7    of taxes required to be withheld under this Article 7 must
8    be paid by some or all employers.
9        (4) Increase the threshold dollar amounts at which
10    employers are required to make semi-weekly payments under
11    subsection (c)(1) or (c)(2).
12    (e) Annual return and payment. Every employer who deducts
13and withholds or is required to deduct and withhold tax from a
14person engaged in domestic service employment, as that term is
15defined in Section 3510 of the Internal Revenue Code, may
16comply with the requirements of this Section with respect to
17such employees by filing an annual return and paying the taxes
18required to be deducted and withheld on or before the 15th day
19of the fourth month following the close of the employer's
20taxable year. The Department may allow the employer's return to
21be submitted with the employer's individual income tax return
22or to be submitted with a return due from the employer under
23Section 1400.2 of the Unemployment Insurance Act.
24    (f) Magnetic media and electronic filing. With respect to
25taxes withheld in calendar years prior to 2017, any W-2 Form
26that, under the Internal Revenue Code and regulations

 

 

HB5447 Enrolled- 427 -LRB100 16294 AMC 31417 b

1promulgated thereunder, is required to be submitted to the
2Internal Revenue Service on magnetic media or electronically
3must also be submitted to the Department on magnetic media or
4electronically for Illinois purposes, if required by the
5Department.
6    With respect to taxes withheld in 2017 and subsequent
7calendar years, the Department may, by rule, require that any
8return (including any amended return) under this Section and
9any W-2 Form that is required to be submitted to the Department
10must be submitted on magnetic media or electronically.
11    The due date for submitting W-2 Forms shall be as
12prescribed by the Department by rule.
13    (g) For amounts deducted or withheld after December 31,
142009, a taxpayer who makes an election under subsection (f) of
15Section 5-15 of the Economic Development for a Growing Economy
16Tax Credit Act for a taxable year shall be allowed a credit
17against payments due under this Section for amounts withheld
18during the first calendar year beginning after the end of that
19taxable year equal to the amount of the credit for the
20incremental income tax attributable to full-time employees of
21the taxpayer awarded to the taxpayer by the Department of
22Commerce and Economic Opportunity under the Economic
23Development for a Growing Economy Tax Credit Act for the
24taxable year and credits not previously claimed and allowed to
25be carried forward under Section 211(4) of this Act as provided
26in subsection (f) of Section 5-15 of the Economic Development

 

 

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1for a Growing Economy Tax Credit Act. The credit or credits may
2not reduce the taxpayer's obligation for any payment due under
3this Section to less than zero. If the amount of the credit or
4credits exceeds the total payments due under this Section with
5respect to amounts withheld during the calendar year, the
6excess may be carried forward and applied against the
7taxpayer's liability under this Section in the succeeding
8calendar years as allowed to be carried forward under paragraph
9(4) of Section 211 of this Act. The credit or credits shall be
10applied to the earliest year for which there is a tax
11liability. If there are credits from more than one taxable year
12that are available to offset a liability, the earlier credit
13shall be applied first. Each employer who deducts and withholds
14or is required to deduct and withhold tax under this Act and
15who retains income tax withholdings under subsection (f) of
16Section 5-15 of the Economic Development for a Growing Economy
17Tax Credit Act must make a return with respect to such taxes
18and retained amounts in the form and manner that the
19Department, by rule, requires and pay to the Department or to a
20depositary designated by the Department those withheld taxes
21not retained by the taxpayer. For purposes of this subsection
22(g), the term taxpayer shall include taxpayer and members of
23the taxpayer's unitary business group as defined under
24paragraph (27) of subsection (a) of Section 1501 of this Act.
25This Section is exempt from the provisions of Section 250 of
26this Act. No credit awarded under the Economic Development for

 

 

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1a Growing Economy Tax Credit Act for agreements entered into on
2or after January 1, 2015 may be credited against payments due
3under this Section.
4    (h) An employer may claim a credit against payments due
5under this Section for amounts withheld during the first
6calendar year ending after the date on which a tax credit
7certificate was issued under Section 35 of the Small Business
8Job Creation Tax Credit Act. The credit shall be equal to the
9amount shown on the certificate, but may not reduce the
10taxpayer's obligation for any payment due under this Section to
11less than zero. If the amount of the credit exceeds the total
12payments due under this Section with respect to amounts
13withheld during the calendar year, the excess may be carried
14forward and applied against the taxpayer's liability under this
15Section in the 5 succeeding calendar years. The credit shall be
16applied to the earliest year for which there is a tax
17liability. If there are credits from more than one calendar
18year that are available to offset a liability, the earlier
19credit shall be applied first. This Section is exempt from the
20provisions of Section 250 of this Act.
21(Source: P.A. 100-303, eff. 8-24-17; 100-511, eff. 9-18-17;
22revised 11-6-17.)
 
23    (35 ILCS 5/901)  (from Ch. 120, par. 9-901)
24    Sec. 901. Collection authority.
25    (a) In general. The Department shall collect the taxes

 

 

HB5447 Enrolled- 430 -LRB100 16294 AMC 31417 b

1imposed by this Act. The Department shall collect certified
2past due child support amounts under Section 2505-650 of the
3Department of Revenue Law of the Civil Administrative Code of
4Illinois. Except as provided in subsections (b), (c), (e), (f),
5(g), and (h) of this Section, money collected pursuant to
6subsections (a) and (b) of Section 201 of this Act shall be
7paid into the General Revenue Fund in the State treasury; money
8collected pursuant to subsections (c) and (d) of Section 201 of
9this Act shall be paid into the Personal Property Tax
10Replacement Fund, a special fund in the State Treasury; and
11money collected under Section 2505-650 of the Department of
12Revenue Law of the Civil Administrative Code of Illinois (20
13ILCS 2505/2505-650) shall be paid into the Child Support
14Enforcement Trust Fund, a special fund outside the State
15Treasury, or to the State Disbursement Unit established under
16Section 10-26 of the Illinois Public Aid Code, as directed by
17the Department of Healthcare and Family Services.
18    (b) Local Government Distributive Fund. Beginning August
191, 1969, and continuing through June 30, 1994, the Treasurer
20shall transfer each month from the General Revenue Fund to a
21special fund in the State treasury, to be known as the "Local
22Government Distributive Fund", an amount equal to 1/12 of the
23net revenue realized from the tax imposed by subsections (a)
24and (b) of Section 201 of this Act during the preceding month.
25Beginning July 1, 1994, and continuing through June 30, 1995,
26the Treasurer shall transfer each month from the General

 

 

HB5447 Enrolled- 431 -LRB100 16294 AMC 31417 b

1Revenue Fund to the Local Government Distributive Fund an
2amount equal to 1/11 of the net revenue realized from the tax
3imposed by subsections (a) and (b) of Section 201 of this Act
4during the preceding month. Beginning July 1, 1995 and
5continuing through January 31, 2011, the Treasurer shall
6transfer each month from the General Revenue Fund to the Local
7Government Distributive Fund an amount equal to the net of (i)
81/10 of the net revenue realized from the tax imposed by
9subsections (a) and (b) of Section 201 of the Illinois Income
10Tax Act during the preceding month (ii) minus, beginning July
111, 2003 and ending June 30, 2004, $6,666,666, and beginning
12July 1, 2004, zero. Beginning February 1, 2011, and continuing
13through January 31, 2015, the Treasurer shall transfer each
14month from the General Revenue Fund to the Local Government
15Distributive Fund an amount equal to the sum of (i) 6% (10% of
16the ratio of the 3% individual income tax rate prior to 2011 to
17the 5% individual income tax rate after 2010) of the net
18revenue realized from the tax imposed by subsections (a) and
19(b) of Section 201 of this Act upon individuals, trusts, and
20estates during the preceding month and (ii) 6.86% (10% of the
21ratio of the 4.8% corporate income tax rate prior to 2011 to
22the 7% corporate income tax rate after 2010) of the net revenue
23realized from the tax imposed by subsections (a) and (b) of
24Section 201 of this Act upon corporations during the preceding
25month. Beginning February 1, 2015 and continuing through July
2631, 2017, the Treasurer shall transfer each month from the

 

 

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1General Revenue Fund to the Local Government Distributive Fund
2an amount equal to the sum of (i) 8% (10% of the ratio of the 3%
3individual income tax rate prior to 2011 to the 3.75%
4individual income tax rate after 2014) of the net revenue
5realized from the tax imposed by subsections (a) and (b) of
6Section 201 of this Act upon individuals, trusts, and estates
7during the preceding month and (ii) 9.14% (10% of the ratio of
8the 4.8% corporate income tax rate prior to 2011 to the 5.25%
9corporate income tax rate after 2014) of the net revenue
10realized from the tax imposed by subsections (a) and (b) of
11Section 201 of this Act upon corporations during the preceding
12month. Beginning August 1, 2017, the Treasurer shall transfer
13each month from the General Revenue Fund to the Local
14Government Distributive Fund an amount equal to the sum of (i)
156.06% (10% of the ratio of the 3% individual income tax rate
16prior to 2011 to the 4.95% individual income tax rate after
17July 1, 2017) of the net revenue realized from the tax imposed
18by subsections (a) and (b) of Section 201 of this Act upon
19individuals, trusts, and estates during the preceding month and
20(ii) 6.85% (10% of the ratio of the 4.8% corporate income tax
21rate prior to 2011 to the 7% corporate income tax rate after
22July 1, 2017) of the net revenue realized from the tax imposed
23by subsections (a) and (b) of Section 201 of this Act upon
24corporations during the preceding month. Net revenue realized
25for a month shall be defined as the revenue from the tax
26imposed by subsections (a) and (b) of Section 201 of this Act

 

 

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1which is deposited in the General Revenue Fund, the Education
2Assistance Fund, the Income Tax Surcharge Local Government
3Distributive Fund, the Fund for the Advancement of Education,
4and the Commitment to Human Services Fund during the month
5minus the amount paid out of the General Revenue Fund in State
6warrants during that same month as refunds to taxpayers for
7overpayment of liability under the tax imposed by subsections
8(a) and (b) of Section 201 of this Act.
9    Notwithstanding any provision of law to the contrary,
10beginning on July 6, 2017 (the effective date of Public Act
11100-23) this amendatory Act of the 100th General Assembly,
12those amounts required under this subsection (b) to be
13transferred by the Treasurer into the Local Government
14Distributive Fund from the General Revenue Fund shall be
15directly deposited into the Local Government Distributive Fund
16as the revenue is realized from the tax imposed by subsections
17(a) and (b) of Section 201 of this Act.
18    For State fiscal year 2018 only, notwithstanding any
19provision of law to the contrary, the total amount of revenue
20and deposits under this Section attributable to revenues
21realized during State fiscal year 2018 shall be reduced by 10%.
22    (c) Deposits Into Income Tax Refund Fund.
23        (1) Beginning on January 1, 1989 and thereafter, the
24    Department shall deposit a percentage of the amounts
25    collected pursuant to subsections (a) and (b)(1), (2), and
26    (3), of Section 201 of this Act into a fund in the State

 

 

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1    treasury known as the Income Tax Refund Fund. The
2    Department shall deposit 6% of such amounts during the
3    period beginning January 1, 1989 and ending on June 30,
4    1989. Beginning with State fiscal year 1990 and for each
5    fiscal year thereafter, the percentage deposited into the
6    Income Tax Refund Fund during a fiscal year shall be the
7    Annual Percentage. For fiscal years 1999 through 2001, the
8    Annual Percentage shall be 7.1%. For fiscal year 2003, the
9    Annual Percentage shall be 8%. For fiscal year 2004, the
10    Annual Percentage shall be 11.7%. Upon the effective date
11    of Public Act 93-839 (July 30, 2004) this amendatory Act of
12    the 93rd General Assembly, the Annual Percentage shall be
13    10% for fiscal year 2005. For fiscal year 2006, the Annual
14    Percentage shall be 9.75%. For fiscal year 2007, the Annual
15    Percentage shall be 9.75%. For fiscal year 2008, the Annual
16    Percentage shall be 7.75%. For fiscal year 2009, the Annual
17    Percentage shall be 9.75%. For fiscal year 2010, the Annual
18    Percentage shall be 9.75%. For fiscal year 2011, the Annual
19    Percentage shall be 8.75%. For fiscal year 2012, the Annual
20    Percentage shall be 8.75%. For fiscal year 2013, the Annual
21    Percentage shall be 9.75%. For fiscal year 2014, the Annual
22    Percentage shall be 9.5%. For fiscal year 2015, the Annual
23    Percentage shall be 10%. For fiscal year 2018, the Annual
24    Percentage shall be 9.8%. For all other fiscal years, the
25    Annual Percentage shall be calculated as a fraction, the
26    numerator of which shall be the amount of refunds approved

 

 

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1    for payment by the Department during the preceding fiscal
2    year as a result of overpayment of tax liability under
3    subsections (a) and (b)(1), (2), and (3) of Section 201 of
4    this Act plus the amount of such refunds remaining approved
5    but unpaid at the end of the preceding fiscal year, minus
6    the amounts transferred into the Income Tax Refund Fund
7    from the Tobacco Settlement Recovery Fund, and the
8    denominator of which shall be the amounts which will be
9    collected pursuant to subsections (a) and (b)(1), (2), and
10    (3) of Section 201 of this Act during the preceding fiscal
11    year; except that in State fiscal year 2002, the Annual
12    Percentage shall in no event exceed 7.6%. The Director of
13    Revenue shall certify the Annual Percentage to the
14    Comptroller on the last business day of the fiscal year
15    immediately preceding the fiscal year for which it is to be
16    effective.
17        (2) Beginning on January 1, 1989 and thereafter, the
18    Department shall deposit a percentage of the amounts
19    collected pursuant to subsections (a) and (b)(6), (7), and
20    (8), (c) and (d) of Section 201 of this Act into a fund in
21    the State treasury known as the Income Tax Refund Fund. The
22    Department shall deposit 18% of such amounts during the
23    period beginning January 1, 1989 and ending on June 30,
24    1989. Beginning with State fiscal year 1990 and for each
25    fiscal year thereafter, the percentage deposited into the
26    Income Tax Refund Fund during a fiscal year shall be the

 

 

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1    Annual Percentage. For fiscal years 1999, 2000, and 2001,
2    the Annual Percentage shall be 19%. For fiscal year 2003,
3    the Annual Percentage shall be 27%. For fiscal year 2004,
4    the Annual Percentage shall be 32%. Upon the effective date
5    of Public Act 93-839 (July 30, 2004) this amendatory Act of
6    the 93rd General Assembly, the Annual Percentage shall be
7    24% for fiscal year 2005. For fiscal year 2006, the Annual
8    Percentage shall be 20%. For fiscal year 2007, the Annual
9    Percentage shall be 17.5%. For fiscal year 2008, the Annual
10    Percentage shall be 15.5%. For fiscal year 2009, the Annual
11    Percentage shall be 17.5%. For fiscal year 2010, the Annual
12    Percentage shall be 17.5%. For fiscal year 2011, the Annual
13    Percentage shall be 17.5%. For fiscal year 2012, the Annual
14    Percentage shall be 17.5%. For fiscal year 2013, the Annual
15    Percentage shall be 14%. For fiscal year 2014, the Annual
16    Percentage shall be 13.4%. For fiscal year 2015, the Annual
17    Percentage shall be 14%. For fiscal year 2018, the Annual
18    Percentage shall be 17.5%. For all other fiscal years, the
19    Annual Percentage shall be calculated as a fraction, the
20    numerator of which shall be the amount of refunds approved
21    for payment by the Department during the preceding fiscal
22    year as a result of overpayment of tax liability under
23    subsections (a) and (b)(6), (7), and (8), (c) and (d) of
24    Section 201 of this Act plus the amount of such refunds
25    remaining approved but unpaid at the end of the preceding
26    fiscal year, and the denominator of which shall be the

 

 

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

 

 

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

 

 

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1    Refund Fund during the fiscal year.
2        (4.5) As soon as possible after the end of fiscal year
3    1999 and of each fiscal year thereafter, the Director shall
4    order transferred and the State Treasurer and State
5    Comptroller shall transfer from the Income Tax Refund Fund
6    to the General Revenue Fund any surplus remaining in the
7    Income Tax Refund Fund as of the end of such fiscal year;
8    excluding for fiscal years 2000, 2001, and 2002 amounts
9    attributable to transfers under item (3) of subsection (c)
10    less refunds resulting from the earned income tax credit.
11        (5) This Act shall constitute an irrevocable and
12    continuing appropriation from the Income Tax Refund Fund
13    for the purpose of paying refunds upon the order of the
14    Director in accordance with the provisions of this Section.
15    (e) Deposits into the Education Assistance Fund and the
16Income Tax Surcharge Local Government Distributive Fund. On
17July 1, 1991, and thereafter, of the amounts collected pursuant
18to subsections (a) and (b) of Section 201 of this Act, minus
19deposits into the Income Tax Refund Fund, the Department shall
20deposit 7.3% into the Education Assistance Fund in the State
21Treasury. Beginning July 1, 1991, and continuing through
22January 31, 1993, of the amounts collected pursuant to
23subsections (a) and (b) of Section 201 of the Illinois Income
24Tax Act, minus deposits into the Income Tax Refund Fund, the
25Department shall deposit 3.0% into the Income Tax Surcharge
26Local Government Distributive Fund in the State Treasury.

 

 

HB5447 Enrolled- 440 -LRB100 16294 AMC 31417 b

1Beginning February 1, 1993 and continuing through June 30,
21993, of the amounts collected pursuant to subsections (a) and
3(b) of Section 201 of the Illinois Income Tax Act, minus
4deposits into the Income Tax Refund Fund, the Department shall
5deposit 4.4% into the Income Tax Surcharge Local Government
6Distributive Fund in the State Treasury. Beginning July 1,
71993, and continuing through June 30, 1994, of the amounts
8collected under subsections (a) and (b) of Section 201 of this
9Act, minus deposits into the Income Tax Refund Fund, the
10Department shall deposit 1.475% into the Income Tax Surcharge
11Local Government Distributive Fund in the State Treasury.
12    (f) Deposits into the Fund for the Advancement of
13Education. Beginning February 1, 2015, the Department shall
14deposit the following portions of the revenue realized from the
15tax imposed upon individuals, trusts, and estates by
16subsections (a) and (b) of Section 201 of this Act during the
17preceding month, minus deposits into the Income Tax Refund
18Fund, into the Fund for the Advancement of Education:
19        (1) beginning February 1, 2015, and prior to February
20    1, 2025, 1/30; and
21        (2) beginning February 1, 2025, 1/26.
22    If the rate of tax imposed by subsection (a) and (b) of
23Section 201 is reduced pursuant to Section 201.5 of this Act,
24the Department shall not make the deposits required by this
25subsection (f) on or after the effective date of the reduction.
26    (g) Deposits into the Commitment to Human Services Fund.

 

 

HB5447 Enrolled- 441 -LRB100 16294 AMC 31417 b

1Beginning February 1, 2015, the Department shall deposit the
2following portions of the revenue realized from the tax imposed
3upon individuals, trusts, and estates by subsections (a) and
4(b) of Section 201 of this Act during the preceding month,
5minus deposits into the Income Tax Refund Fund, into the
6Commitment to Human Services Fund:
7        (1) beginning February 1, 2015, and prior to February
8    1, 2025, 1/30; and
9        (2) beginning February 1, 2025, 1/26.
10    If the rate of tax imposed by subsection (a) and (b) of
11Section 201 is reduced pursuant to Section 201.5 of this Act,
12the Department shall not make the deposits required by this
13subsection (g) on or after the effective date of the reduction.
14    (h) Deposits into the Tax Compliance and Administration
15Fund. Beginning on the first day of the first calendar month to
16occur on or after August 26, 2014 (the effective date of Public
17Act 98-1098), each month the Department shall pay into the Tax
18Compliance and Administration Fund, to be used, subject to
19appropriation, to fund additional auditors and compliance
20personnel at the Department, an amount equal to 1/12 of 5% of
21the cash receipts collected during the preceding fiscal year by
22the Audit Bureau of the Department from the tax imposed by
23subsections (a), (b), (c), and (d) of Section 201 of this Act,
24net of deposits into the Income Tax Refund Fund made from those
25cash receipts.
26(Source: P.A. 99-78, eff. 7-20-15; 100-22, eff. 7-6-17; 100-23,

 

 

HB5447 Enrolled- 442 -LRB100 16294 AMC 31417 b

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

 

 

HB5447 Enrolled- 443 -LRB100 16294 AMC 31417 b

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

 

 

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

 

 

HB5447 Enrolled- 445 -LRB100 16294 AMC 31417 b

1pay any final assessment of tax, penalty or interest due under
2this Act. The Director may make available to any State agency,
3including the Illinois Supreme Court, information regarding
4whether a bidder, contractor, or an affiliate of a bidder or
5contractor has failed to file returns under this Act or pay the
6tax, penalty, and interest shown therein, or has failed to pay
7any final assessment of tax, penalty, or interest due under
8this Act, for the limited purpose of enforcing bidder and
9contractor certifications. For purposes of this Section, the
10term "affiliate" means any entity that (1) directly,
11indirectly, or constructively controls another entity, (2) is
12directly, indirectly, or constructively controlled by another
13entity, or (3) is subject to the control of a common entity.
14For purposes of this subsection (a), an entity controls another
15entity if it owns, directly or individually, more than 10% of
16the voting securities of that entity. As used in this
17subsection (a), the term "voting security" means a security
18that (1) confers upon the holder the right to vote for the
19election of members of the board of directors or similar
20governing body of the business or (2) is convertible into, or
21entitles the holder to receive upon its exercise, a security
22that confers such a right to vote. A general partnership
23interest is a voting security.
24    The Director may make available to any State agency,
25including the Illinois Supreme Court, units of local
26government, and school districts, information regarding

 

 

HB5447 Enrolled- 446 -LRB100 16294 AMC 31417 b

1whether a bidder or contractor is an affiliate of a person who
2is not collecting and remitting Illinois Use taxes, for the
3limited purpose of enforcing bidder and contractor
4certifications.
5    The Director may also make available to the Secretary of
6State information that a corporation which has been issued a
7certificate of incorporation by the Secretary of State has
8failed to file returns under this Act or pay the tax, penalty
9and interest shown therein, or has failed to pay any final
10assessment of tax, penalty or interest due under this Act. An
11assessment is final when all proceedings in court for review of
12such assessment have terminated or the time for the taking
13thereof has expired without such proceedings being instituted.
14For taxable years ending on or after December 31, 1987, the
15Director may make available to the Director or principal
16officer of any Department of the State of Illinois, information
17that a person employed by such Department has failed to file
18returns under this Act or pay the tax, penalty and interest
19shown therein. For purposes of this paragraph, the word
20"Department" shall have the same meaning as provided in Section
213 of the State Employees Group Insurance Act of 1971.
22    (d) The Director shall make available for public inspection
23in the Department's principal office and for publication, at
24cost, administrative decisions issued on or after January 1,
251995. These decisions are to be made available in a manner so
26that the following taxpayer information is not disclosed:

 

 

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1        (1) The names, addresses, and identification numbers
2    of the taxpayer, related entities, and employees.
3        (2) At the sole discretion of the Director, trade
4    secrets or other confidential information identified as
5    such by the taxpayer, no later than 30 days after receipt
6    of an administrative decision, by such means as the
7    Department shall provide by rule.
8    The Director shall determine the appropriate extent of the
9deletions allowed in paragraph (2). In the event the taxpayer
10does not submit deletions, the Director shall make only the
11deletions specified in paragraph (1).
12    The Director shall make available for public inspection and
13publication an administrative decision within 180 days after
14the issuance of the administrative decision. The term
15"administrative decision" has the same meaning as defined in
16Section 3-101 of Article III of the Code of Civil Procedure.
17Costs collected under this Section shall be paid into the Tax
18Compliance and Administration Fund.
19    (e) Nothing contained in this Act shall prevent the
20Director from divulging information to any person pursuant to a
21request or authorization made by the taxpayer, by an authorized
22representative of the taxpayer, or, in the case of information
23related to a joint return, by the spouse filing the joint
24return with the taxpayer.
25(Source: P.A. 99-143, eff. 7-27-15; 99-571, eff. 7-15-16;
26100-47, eff. 8-11-17; revised 10-2-17.)
 

 

 

HB5447 Enrolled- 448 -LRB100 16294 AMC 31417 b

1    Section 195. The Small Business Job Creation Tax Credit Act
2is amended by changing Section 10 as follows:
 
3    (35 ILCS 25/10)
4    Sec. 10. Definitions. In this Act:
5    "Applicant" means a person that is operating a business
6located within the State of Illinois that is engaged in
7interstate or intrastate commerce and either:
8        (1) has no more than 50 full-time employees, without
9    regard to the location of employment of such employees at
10    the beginning of the incentive period; or
11        (2) hired within the incentive period an employee who
12    had participated as worker-trainee in the Put Illinois to
13    Work Program during 2010.
14    In the case of any person that is a member of a unitary
15business group within the meaning of subdivision (a)(27) of
16Section 1501 of the Illinois Income Tax Act, "applicant" refers
17to the unitary business group.
18    "Certificate" means the tax credit certificate issued by
19the Department under Section 35 of this Act.
20    "Certificate of eligibility" means the certificate issued
21by the Department under Section 20 of this Act.
22    "Credit" means the amount awarded by the Department to an
23applicant by issuance of a certificate under Section 35 of this
24Act for each new full-time equivalent employee hired or job

 

 

HB5447 Enrolled- 449 -LRB100 16294 AMC 31417 b

1created.
2    "Department" means the Department of Commerce and Economic
3Opportunity.
4    "Director" means the Director of the Department.
5    "Full-time employee" means an individual who is employed
6for a basic wage for at least 35 hours each week or who renders
7any other standard of service generally accepted by industry
8custom or practice as full-time employment. An individual for
9whom a W-2 is issued by a Professional Employer Organization is
10a full-time employee if he or she is employed in the service of
11the applicant for a basic wage for at least 35 hours each week
12or renders any other standard of service generally accepted by
13industry custom or practice as full-time employment. For the
14purposes of this Act, such an individual shall be considered a
15full-time employee of the applicant.
16    "Professional Employer Organization" (PEO) shall have the
17same meaning as defined in Section 5-5 of the Economic
18Development for a Growing Economy Tax Credit Act. As used in
19this Section, "Professional Employer Organization" does not
20include a day and temporary labor service agency regulated
21under the Day and Temporary Labor Services Act.
22    "Incentive period" means the period beginning on July 1 and
23ending on June 30 of the following year. The first incentive
24period shall begin on July 1, 2010 and the last incentive
25period shall end on June 30, 2016.
26    "Basic wage" means compensation for employment that is no

 

 

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1less than $10 per hour or the equivalent salary for a new
2employee.
3    "New employee" means a full-time employee:
4        (1) who first became employed by an applicant with less
5    than 50 full-time employees within the incentive period
6    whose hire results in a net increase in the applicant's
7    full-time Illinois employees and who is receiving a basic
8    wage as compensation; or
9        (2) who participated as a worker-trainee in the Put
10    Illinois to Work Program during 2010 and who is
11    subsequently hired during the incentive period by an
12    applicant and who is receiving a basic wage as
13    compensation.
14    The term "new employee" does not include:
15        (1) a person who was previously employed in Illinois by
16    the applicant or a related member prior to the onset of the
17    incentive period; or
18        (2) any individual who has a direct or indirect
19    ownership interest of at least 5% in the profits, capital,
20    or value of the applicant or a related member.
21    "Noncompliance date" means, in the case of an applicant
22that is not complying with the requirements of the provisions
23of this Act, the day following the last date upon which the
24taxpayer was in compliance with the requirements of the
25provisions of this Act, as determined by the Director, pursuant
26to Section 45 of this Act.

 

 

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1    "Put Illinois to Work Program" means a worker training and
2employment program that was established by the State of
3Illinois with funding from the United States Department of
4Health and Human Services of Emergency Temporary Assistance for
5to Needy Families funds authorized by the American Recovery and
6Reinvestment Act of 2009 (ARRA TANF Funds). These ARRA TANF
7funds were in turn used by the State of Illinois to fund the
8Put Illinois to Work Program.
9    "Related member" means a person that, with respect to the
10applicant during any portion of the incentive period, is any
11one of the following,
12        (1) An individual, if the individual and the members of
13    the individual's family (as defined in Section 318 of the
14    Internal Revenue Code) own directly, indirectly,
15    beneficially, or constructively, in the aggregate, at
16    least 50% of the value of the outstanding profits, capital,
17    stock, or other ownership interest in the applicant.
18        (2) A partnership, estate, or trust and any partner or
19    beneficiary, if the partnership, estate, or trust and its
20    partners or beneficiaries own directly, indirectly,
21    beneficially, or constructively, in the aggregate, at
22    least 50% of the profits, capital, stock, or other
23    ownership interest in the applicant.
24        (3) A corporation, and any party related to the
25    corporation in a manner that would require an attribution
26    of stock from the corporation under the attribution rules

 

 

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1    of Section 318 of the Internal Revenue Code, if the
2    applicant and any other related member own, in the
3    aggregate, directly, indirectly, beneficially, or
4    constructively, at least 50% of the value of the
5    corporation's outstanding stock.
6        (4) A corporation and any party related to that
7    corporation in a manner that would require an attribution
8    of stock from the corporation to the party or from the
9    party to the corporation under the attribution rules of
10    Section 318 of the Internal Revenue Code, if the
11    corporation and all such related parties own, in the
12    aggregate, at least 50% of the profits, capital, stock, or
13    other ownership interest in the applicant.
14        (5) A person to or from whom there is attribution of
15    stock ownership in accordance with Section 1563(e) of the
16    Internal Revenue Code, except that for purposes of
17    determining whether a person is a related member under this
18    paragraph, "20%" shall be substituted for "5%" whenever
19    "5%" appears in Section 1563(e) of the Internal Revenue
20    Code.
21(Source: P.A. 96-888, eff. 4-13-10; 96-1498, eff. 1-18-11;
2297-636, eff. 6-1-12; 97-1052, eff. 8-23-12; revised 9-26-17.)
 
23    Section 200. The Use Tax Act is amended by changing
24Sections 3-5 and 9 as follows:
 

 

 

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1    (35 ILCS 105/3-5)
2    Sec. 3-5. Exemptions. Use of the following tangible
3personal property is exempt from the tax imposed by this Act:
4    (1) Personal property purchased from a corporation,
5society, association, foundation, institution, or
6organization, other than a limited liability company, that is
7organized and operated as a not-for-profit service enterprise
8for the benefit of persons 65 years of age or older if the
9personal property was not purchased by the enterprise for the
10purpose of resale by the enterprise.
11    (2) Personal property purchased by a not-for-profit
12Illinois county fair association for use in conducting,
13operating, or promoting the county fair.
14    (3) Personal property purchased by a not-for-profit arts or
15cultural organization that establishes, by proof required by
16the Department by rule, that it has received an exemption under
17Section 501(c)(3) of the Internal Revenue Code and that is
18organized and operated primarily for the presentation or
19support of arts or cultural programming, activities, or
20services. These organizations include, but are not limited to,
21music and dramatic arts organizations such as symphony
22orchestras and theatrical groups, arts and cultural service
23organizations, local arts councils, visual arts organizations,
24and media arts organizations. On and after July 1, 2001 (the
25effective date of Public Act 92-35) this amendatory Act of the
2692nd General Assembly, however, an entity otherwise eligible

 

 

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1for this exemption shall not make tax-free purchases unless it
2has an active identification number issued by the Department.
3    (4) Personal property purchased by a governmental body, by
4a corporation, society, association, foundation, or
5institution organized and operated exclusively for charitable,
6religious, or educational purposes, or by a not-for-profit
7corporation, society, association, foundation, institution, or
8organization that has no compensated officers or employees and
9that is organized and operated primarily for the recreation of
10persons 55 years of age or older. A limited liability company
11may qualify for the exemption under this paragraph only if the
12limited liability company is organized and operated
13exclusively for educational purposes. On and after July 1,
141987, however, no entity otherwise eligible for this exemption
15shall make tax-free purchases unless it has an active exemption
16identification number issued by the Department.
17    (5) Until July 1, 2003, a passenger car that is a
18replacement vehicle to the extent that the purchase price of
19the car is subject to the Replacement Vehicle Tax.
20    (6) Until July 1, 2003 and beginning again on September 1,
212004 through August 30, 2014, graphic arts machinery and
22equipment, including repair and replacement parts, both new and
23used, and including that manufactured on special order,
24certified by the purchaser to be used primarily for graphic
25arts production, and including machinery and equipment
26purchased for lease. Equipment includes chemicals or chemicals

 

 

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1acting as catalysts but only if the chemicals or chemicals
2acting as catalysts effect a direct and immediate change upon a
3graphic arts product. Beginning on July 1, 2017, graphic arts
4machinery and equipment is included in the manufacturing and
5assembling machinery and equipment exemption under paragraph
6(18).
7    (7) Farm chemicals.
8    (8) Legal tender, currency, medallions, or gold or silver
9coinage issued by the State of Illinois, the government of the
10United States of America, or the government of any foreign
11country, and bullion.
12    (9) Personal property purchased from a teacher-sponsored
13student organization affiliated with an elementary or
14secondary school located in Illinois.
15    (10) A motor vehicle that is used for automobile renting,
16as defined in the Automobile Renting Occupation and Use Tax
17Act.
18    (11) Farm machinery and equipment, both new and used,
19including that manufactured on special order, certified by the
20purchaser to be used primarily for production agriculture or
21State or federal agricultural programs, including individual
22replacement parts for the machinery and equipment, including
23machinery and equipment purchased for lease, and including
24implements of husbandry defined in Section 1-130 of the
25Illinois Vehicle Code, farm machinery and agricultural
26chemical and fertilizer spreaders, and nurse wagons required to

 

 

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1be registered under Section 3-809 of the Illinois Vehicle Code,
2but excluding other motor vehicles required to be registered
3under the Illinois Vehicle Code. Horticultural polyhouses or
4hoop houses used for propagating, growing, or overwintering
5plants shall be considered farm machinery and equipment under
6this item (11). Agricultural chemical tender tanks and dry
7boxes shall include units sold separately from a motor vehicle
8required to be licensed and units sold mounted on a motor
9vehicle required to be licensed if the selling price of the
10tender is separately stated.
11    Farm machinery and equipment shall include precision
12farming equipment that is installed or purchased to be
13installed on farm machinery and equipment including, but not
14limited to, tractors, harvesters, sprayers, planters, seeders,
15or spreaders. Precision farming equipment includes, but is not
16limited to, soil testing sensors, computers, monitors,
17software, global positioning and mapping systems, and other
18such equipment.
19    Farm machinery and equipment also includes computers,
20sensors, software, and related equipment used primarily in the
21computer-assisted operation of production agriculture
22facilities, equipment, and activities such as, but not limited
23to, the collection, monitoring, and correlation of animal and
24crop data for the purpose of formulating animal diets and
25agricultural chemicals. This item (11) is exempt from the
26provisions of Section 3-90.

 

 

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1    (12) Until June 30, 2013, fuel and petroleum products sold
2to or used by an air common carrier, certified by the carrier
3to be used for consumption, shipment, or storage in the conduct
4of its business as an air common carrier, for a flight destined
5for or returning from a location or locations outside the
6United States without regard to previous or subsequent domestic
7stopovers.
8    Beginning July 1, 2013, fuel and petroleum products sold to
9or used by an air carrier, certified by the carrier to be used
10for consumption, shipment, or storage in the conduct of its
11business as an air common carrier, for a flight that (i) is
12engaged in foreign trade or is engaged in trade between the
13United States and any of its possessions and (ii) transports at
14least one individual or package for hire from the city of
15origination to the city of final destination on the same
16aircraft, without regard to a change in the flight number of
17that aircraft.
18    (13) Proceeds of mandatory service charges separately
19stated on customers' bills for the purchase and consumption of
20food and beverages purchased at retail from a retailer, to the
21extent that the proceeds of the service charge are in fact
22turned over as tips or as a substitute for tips to the
23employees who participate directly in preparing, serving,
24hosting or cleaning up the food or beverage function with
25respect to which the service charge is imposed.
26    (14) Until July 1, 2003, oil field exploration, drilling,

 

 

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1and production equipment, including (i) rigs and parts of rigs,
2rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
3tubular goods, including casing and drill strings, (iii) pumps
4and pump-jack units, (iv) storage tanks and flow lines, (v) any
5individual replacement part for oil field exploration,
6drilling, and production equipment, and (vi) machinery and
7equipment purchased for lease; but excluding motor vehicles
8required to be registered under the Illinois Vehicle Code.
9    (15) Photoprocessing machinery and equipment, including
10repair and replacement parts, both new and used, including that
11manufactured on special order, certified by the purchaser to be
12used primarily for photoprocessing, and including
13photoprocessing machinery and equipment purchased for lease.
14    (16) Coal and aggregate exploration, mining, off-highway
15hauling, processing, maintenance, and reclamation equipment,
16including replacement parts and equipment, and including
17equipment purchased for lease, but excluding motor vehicles
18required to be registered under the Illinois Vehicle Code. The
19changes made to this Section by Public Act 97-767 apply on and
20after July 1, 2003, but no claim for credit or refund is
21allowed on or after August 16, 2013 (the effective date of
22Public Act 98-456) for such taxes paid during the period
23beginning July 1, 2003 and ending on August 16, 2013 (the
24effective date of Public Act 98-456).
25    (17) Until July 1, 2003, distillation machinery and
26equipment, sold as a unit or kit, assembled or installed by the

 

 

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1retailer, certified by the user to be used only for the
2production of ethyl alcohol that will be used for consumption
3as motor fuel or as a component of motor fuel for the personal
4use of the user, and not subject to sale or resale.
5    (18) Manufacturing and assembling machinery and equipment
6used primarily in the process of manufacturing or assembling
7tangible personal property for wholesale or retail sale or
8lease, whether that sale or lease is made directly by the
9manufacturer or by some other person, whether the materials
10used in the process are owned by the manufacturer or some other
11person, or whether that sale or lease is made apart from or as
12an incident to the seller's engaging in the service occupation
13of producing machines, tools, dies, jigs, patterns, gauges, or
14other similar items of no commercial value on special order for
15a particular purchaser. The exemption provided by this
16paragraph (18) does not include machinery and equipment used in
17(i) the generation of electricity for wholesale or retail sale;
18(ii) the generation or treatment of natural or artificial gas
19for wholesale or retail sale that is delivered to customers
20through pipes, pipelines, or mains; or (iii) the treatment of
21water for wholesale or retail sale that is delivered to
22customers through pipes, pipelines, or mains. The provisions of
23Public Act 98-583 are declaratory of existing law as to the
24meaning and scope of this exemption. Beginning on July 1, 2017,
25the exemption provided by this paragraph (18) includes, but is
26not limited to, graphic arts machinery and equipment, as

 

 

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1defined in paragraph (6) of this Section.
2    (19) Personal property delivered to a purchaser or
3purchaser's donee inside Illinois when the purchase order for
4that personal property was received by a florist located
5outside Illinois who has a florist located inside Illinois
6deliver the personal property.
7    (20) Semen used for artificial insemination of livestock
8for direct agricultural production.
9    (21) Horses, or interests in horses, registered with and
10meeting the requirements of any of the Arabian Horse Club
11Registry of America, Appaloosa Horse Club, American Quarter
12Horse Association, United States Trotting Association, or
13Jockey Club, as appropriate, used for purposes of breeding or
14racing for prizes. This item (21) is exempt from the provisions
15of Section 3-90, and the exemption provided for under this item
16(21) applies for all periods beginning May 30, 1995, but no
17claim for credit or refund is allowed on or after January 1,
182008 for such taxes paid during the period beginning May 30,
192000 and ending on January 1, 2008.
20    (22) Computers and communications equipment utilized for
21any hospital purpose and equipment used in the diagnosis,
22analysis, or treatment of hospital patients purchased by a
23lessor who leases the equipment, under a lease of one year or
24longer executed or in effect at the time the lessor would
25otherwise be subject to the tax imposed by this Act, to a
26hospital that has been issued an active tax exemption

 

 

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

 

 

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1on the fair market value of the property at the time the
2non-qualifying use occurs. No lessor shall collect or attempt
3to collect an amount (however designated) that purports to
4reimburse that lessor for the tax imposed by this Act or the
5Service Use Tax Act, as the case may be, if the tax has not been
6paid by the lessor. If a lessor improperly collects any such
7amount from the lessee, the lessee shall have a legal right to
8claim a refund of that amount from the lessor. If, however,
9that amount is not refunded to the lessee for any reason, the
10lessor is liable to pay that amount to the Department.
11    (24) Beginning with taxable years ending on or after
12December 31, 1995 and ending with taxable years ending on or
13before December 31, 2004, personal property that is donated for
14disaster relief to be used in a State or federally declared
15disaster area in Illinois or bordering Illinois by a
16manufacturer or retailer that is registered in this State to a
17corporation, society, association, foundation, or institution
18that has been issued a sales tax exemption identification
19number by the Department that assists victims of the disaster
20who reside within the declared disaster area.
21    (25) Beginning with taxable years ending on or after
22December 31, 1995 and ending with taxable years ending on or
23before December 31, 2004, personal property that is used in the
24performance of infrastructure repairs in this State, including
25but not limited to municipal roads and streets, access roads,
26bridges, sidewalks, waste disposal systems, water and sewer

 

 

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1line extensions, water distribution and purification
2facilities, storm water drainage and retention facilities, and
3sewage treatment facilities, resulting from a State or
4federally declared disaster in Illinois or bordering Illinois
5when such repairs are initiated on facilities located in the
6declared disaster area within 6 months after the disaster.
7    (26) Beginning July 1, 1999, game or game birds purchased
8at a "game breeding and hunting preserve area" as that term is
9used in the Wildlife Code. This paragraph is exempt from the
10provisions of Section 3-90.
11    (27) A motor vehicle, as that term is defined in Section
121-146 of the Illinois Vehicle Code, that is donated to a
13corporation, limited liability company, society, association,
14foundation, or institution that is determined by the Department
15to be organized and operated exclusively for educational
16purposes. For purposes of this exemption, "a corporation,
17limited liability company, society, association, foundation,
18or institution organized and operated exclusively for
19educational purposes" means all tax-supported public schools,
20private schools that offer systematic instruction in useful
21branches of learning by methods common to public schools and
22that compare favorably in their scope and intensity with the
23course of study presented in tax-supported schools, and
24vocational or technical schools or institutes organized and
25operated exclusively to provide a course of study of not less
26than 6 weeks duration and designed to prepare individuals to

 

 

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1follow a trade or to pursue a manual, technical, mechanical,
2industrial, business, or commercial occupation.
3    (28) Beginning January 1, 2000, personal property,
4including food, purchased through fundraising events for the
5benefit of a public or private elementary or secondary school,
6a group of those schools, or one or more school districts if
7the events are sponsored by an entity recognized by the school
8district that consists primarily of volunteers and includes
9parents and teachers of the school children. This paragraph
10does not apply to fundraising events (i) for the benefit of
11private home instruction or (ii) for which the fundraising
12entity purchases the personal property sold at the events from
13another individual or entity that sold the property for the
14purpose of resale by the fundraising entity and that profits
15from the sale to the fundraising entity. This paragraph is
16exempt from the provisions of Section 3-90.
17    (29) Beginning January 1, 2000 and through December 31,
182001, new or used automatic vending machines that prepare and
19serve hot food and beverages, including coffee, soup, and other
20items, and replacement parts for these machines. Beginning
21January 1, 2002 and through June 30, 2003, machines and parts
22for machines used in commercial, coin-operated amusement and
23vending business if a use or occupation tax is paid on the
24gross receipts derived from the use of the commercial,
25coin-operated amusement and vending machines. This paragraph
26is exempt from the provisions of Section 3-90.

 

 

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1    (30) Beginning January 1, 2001 and through June 30, 2016,
2food for human consumption that is to be consumed off the
3premises where it is sold (other than alcoholic beverages, soft
4drinks, and food that has been prepared for immediate
5consumption) and prescription and nonprescription medicines,
6drugs, medical appliances, and insulin, urine testing
7materials, syringes, and needles used by diabetics, for human
8use, when purchased for use by a person receiving medical
9assistance under Article V of the Illinois Public Aid Code who
10resides in a licensed long-term care facility, as defined in
11the Nursing Home Care Act, or in a licensed facility as defined
12in the ID/DD Community Care Act, the MC/DD Act, or the
13Specialized Mental Health Rehabilitation Act of 2013.
14    (31) Beginning on August 2, 2001 (the effective date of
15Public Act 92-227) this amendatory Act of the 92nd General
16Assembly, computers and communications equipment utilized for
17any hospital purpose and equipment used in the diagnosis,
18analysis, or treatment of hospital patients purchased by a
19lessor who leases the equipment, under a lease of one year or
20longer executed or in effect at the time the lessor would
21otherwise be subject to the tax imposed by this Act, to a
22hospital that has been issued an active tax exemption
23identification number by the Department under Section 1g of the
24Retailers' Occupation Tax Act. If the equipment is leased in a
25manner that does not qualify for this exemption or is used in
26any other nonexempt manner, the lessor shall be liable for the

 

 

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1tax imposed under this Act or the Service Use Tax Act, as the
2case may be, based on the fair market value of the property at
3the time the nonqualifying use occurs. No lessor shall collect
4or attempt to collect an amount (however designated) that
5purports to reimburse that lessor for the tax imposed by this
6Act or the Service Use Tax Act, as the case may be, if the tax
7has not been paid by the lessor. If a lessor improperly
8collects any such amount from the lessee, the lessee shall have
9a legal right to claim a refund of that amount from the lessor.
10If, however, that amount is not refunded to the lessee for any
11reason, the lessor is liable to pay that amount to the
12Department. This paragraph is exempt from the provisions of
13Section 3-90.
14    (32) Beginning on August 2, 2001 (the effective date of
15Public Act 92-227) this amendatory Act of the 92nd General
16Assembly, personal property purchased by a lessor who leases
17the property, under a lease of one year or longer executed or
18in effect at the time the lessor would otherwise be subject to
19the tax imposed by this Act, to a governmental body that has
20been issued an active sales tax exemption identification number
21by the Department under Section 1g of the Retailers' Occupation
22Tax Act. If the property is leased in a manner that does not
23qualify for this exemption or used in any other nonexempt
24manner, the lessor shall be liable for the tax imposed under
25this Act or the Service Use Tax Act, as the case may be, based
26on the fair market value of the property at the time the

 

 

HB5447 Enrolled- 467 -LRB100 16294 AMC 31417 b

1nonqualifying use occurs. No lessor shall collect or attempt to
2collect an amount (however designated) that purports to
3reimburse that lessor for the tax imposed by this Act or the
4Service Use Tax Act, as the case may be, if the tax has not been
5paid by the lessor. If a lessor improperly collects any such
6amount from the lessee, the lessee shall have a legal right to
7claim a refund of that amount from the lessor. If, however,
8that amount is not refunded to the lessee for any reason, the
9lessor is liable to pay that amount to the Department. This
10paragraph is exempt from the provisions of Section 3-90.
11    (33) On and after July 1, 2003 and through June 30, 2004,
12the use in this State of motor vehicles of the second division
13with a gross vehicle weight in excess of 8,000 pounds and that
14are subject to the commercial distribution fee imposed under
15Section 3-815.1 of the Illinois Vehicle Code. Beginning on July
161, 2004 and through June 30, 2005, the use in this State of
17motor vehicles of the second division: (i) with a gross vehicle
18weight rating in excess of 8,000 pounds; (ii) that are subject
19to the commercial distribution fee imposed under Section
203-815.1 of the Illinois Vehicle Code; and (iii) that are
21primarily used for commercial purposes. Through June 30, 2005,
22this exemption applies to repair and replacement parts added
23after the initial purchase of such a motor vehicle if that
24motor vehicle is used in a manner that would qualify for the
25rolling stock exemption otherwise provided for in this Act. For
26purposes of this paragraph, the term "used for commercial

 

 

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1purposes" means the transportation of persons or property in
2furtherance of any commercial or industrial enterprise,
3whether for-hire or not.
4    (34) Beginning January 1, 2008, tangible personal property
5used in the construction or maintenance of a community water
6supply, as defined under Section 3.145 of the Environmental
7Protection Act, that is operated by a not-for-profit
8corporation that holds a valid water supply permit issued under
9Title IV of the Environmental Protection Act. This paragraph is
10exempt from the provisions of Section 3-90.
11    (35) Beginning January 1, 2010, materials, parts,
12equipment, components, and furnishings incorporated into or
13upon an aircraft as part of the modification, refurbishment,
14completion, replacement, repair, or maintenance of the
15aircraft. This exemption includes consumable supplies used in
16the modification, refurbishment, completion, replacement,
17repair, and maintenance of aircraft, but excludes any
18materials, parts, equipment, components, and consumable
19supplies used in the modification, replacement, repair, and
20maintenance of aircraft engines or power plants, whether such
21engines or power plants are installed or uninstalled upon any
22such aircraft. "Consumable supplies" include, but are not
23limited to, adhesive, tape, sandpaper, general purpose
24lubricants, cleaning solution, latex gloves, and protective
25films. This exemption applies only to the use of qualifying
26tangible personal property by persons who modify, refurbish,

 

 

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1complete, repair, replace, or maintain aircraft and who (i)
2hold an Air Agency Certificate and are empowered to operate an
3approved repair station by the Federal Aviation
4Administration, (ii) have a Class IV Rating, and (iii) conduct
5operations in accordance with Part 145 of the Federal Aviation
6Regulations. The exemption does not include aircraft operated
7by a commercial air carrier providing scheduled passenger air
8service pursuant to authority issued under Part 121 or Part 129
9of the Federal Aviation Regulations. The changes made to this
10paragraph (35) by Public Act 98-534 are declarative of existing
11law.
12    (36) Tangible personal property purchased by a
13public-facilities corporation, as described in Section
1411-65-10 of the Illinois Municipal Code, for purposes of
15constructing or furnishing a municipal convention hall, but
16only if the legal title to the municipal convention hall is
17transferred to the municipality without any further
18consideration by or on behalf of the municipality at the time
19of the completion of the municipal convention hall or upon the
20retirement or redemption of any bonds or other debt instruments
21issued by the public-facilities corporation in connection with
22the development of the municipal convention hall. This
23exemption includes existing public-facilities corporations as
24provided in Section 11-65-25 of the Illinois Municipal Code.
25This paragraph is exempt from the provisions of Section 3-90.
26    (37) Beginning January 1, 2017, menstrual pads, tampons,

 

 

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1and menstrual cups.
2    (38) Merchandise that is subject to the Rental Purchase
3Agreement Occupation and Use Tax. The purchaser must certify
4that the item is purchased to be rented subject to a rental
5purchase agreement, as defined in the Rental Purchase Agreement
6Act, and provide proof of registration under the Rental
7Purchase Agreement Occupation and Use Tax Act. This paragraph
8is exempt from the provisions of Section 3-90.
9(Source: P.A. 99-180, eff. 7-29-15; 99-855, eff. 8-19-16;
10100-22, eff. 7-6-17; 100-437, eff. 1-1-18; revised 9-27-17.)
 
11    (35 ILCS 105/9)  (from Ch. 120, par. 439.9)
12    (Text of Section before amendment by P.A. 100-363)
13    Sec. 9. Except as to motor vehicles, watercraft, aircraft,
14and trailers that are required to be registered with an agency
15of this State, each retailer required or authorized to collect
16the tax imposed by this Act shall pay to the Department the
17amount of such tax (except as otherwise provided) at the time
18when he is required to file his return for the period during
19which such tax was collected, less a discount of 2.1% prior to
20January 1, 1990, and 1.75% on and after January 1, 1990, or $5
21per calendar year, whichever is greater, which is allowed to
22reimburse the retailer for expenses incurred in collecting the
23tax, keeping records, preparing and filing returns, remitting
24the tax and supplying data to the Department on request. In the
25case of retailers who report and pay the tax on a transaction

 

 

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1by transaction basis, as provided in this Section, such
2discount shall be taken with each such tax remittance instead
3of when such retailer files his periodic return. The discount
4allowed under this Section is allowed only for returns that are
5filed in the manner required by this Act. The Department may
6disallow the discount for retailers whose certificate of
7registration is revoked at the time the return is filed, but
8only if the Department's decision to revoke the certificate of
9registration has become final. A retailer need not remit that
10part of any tax collected by him to the extent that he is
11required to remit and does remit the tax imposed by the
12Retailers' Occupation Tax Act, with respect to the sale of the
13same property.
14    Where such tangible personal property is sold under a
15conditional sales contract, or under any other form of sale
16wherein the payment of the principal sum, or a part thereof, is
17extended beyond the close of the period for which the return is
18filed, the retailer, in collecting the tax (except as to motor
19vehicles, watercraft, aircraft, and trailers that are required
20to be registered with an agency of this State), may collect for
21each tax return period, only the tax applicable to that part of
22the selling price actually received during such tax return
23period.
24    Except as provided in this Section, on or before the
25twentieth day of each calendar month, such retailer shall file
26a return for the preceding calendar month. Such return shall be

 

 

HB5447 Enrolled- 472 -LRB100 16294 AMC 31417 b

1filed on forms prescribed by the Department and shall furnish
2such information as the Department may reasonably require. On
3and after January 1, 2018, except for returns for motor
4vehicles, watercraft, aircraft, and trailers that are required
5to be registered with an agency of this State, with respect to
6retailers whose annual gross receipts average $20,000 or more,
7all returns required to be filed pursuant to this Act shall be
8filed electronically. Retailers who demonstrate that they do
9not have access to the Internet or demonstrate hardship in
10filing electronically may petition the Department to waive the
11electronic filing requirement.
12    The Department may require returns to be filed on a
13quarterly basis. If so required, a return for each calendar
14quarter shall be filed on or before the twentieth day of the
15calendar month following the end of such calendar quarter. The
16taxpayer shall also file a return with the Department for each
17of the first two months of each calendar quarter, on or before
18the twentieth day of the following calendar month, stating:
19        1. The name of the seller;
20        2. The address of the principal place of business from
21    which he engages in the business of selling tangible
22    personal property at retail in this State;
23        3. The total amount of taxable receipts received by him
24    during the preceding calendar month from sales of tangible
25    personal property by him during such preceding calendar
26    month, including receipts from charge and time sales, but

 

 

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1    less all deductions allowed by law;
2        4. The amount of credit provided in Section 2d of this
3    Act;
4        5. The amount of tax due;
5        5-5. The signature of the taxpayer; and
6        6. Such other reasonable information as the Department
7    may require.
8    If a taxpayer fails to sign a return within 30 days after
9the proper notice and demand for signature by the Department,
10the return shall be considered valid and any amount shown to be
11due on the return shall be deemed assessed.
12    Beginning October 1, 1993, a taxpayer who has an average
13monthly tax liability of $150,000 or more shall make all
14payments required by rules of the Department by electronic
15funds transfer. Beginning October 1, 1994, a taxpayer who has
16an average monthly tax liability of $100,000 or more shall make
17all payments required by rules of the Department by electronic
18funds transfer. Beginning October 1, 1995, a taxpayer who has
19an average monthly tax liability of $50,000 or more shall make
20all payments required by rules of the Department by electronic
21funds transfer. Beginning October 1, 2000, a taxpayer who has
22an annual tax liability of $200,000 or more shall make all
23payments required by rules of the Department by electronic
24funds transfer. The term "annual tax liability" shall be the
25sum of the taxpayer's liabilities under this Act, and under all
26other State and local occupation and use tax laws administered

 

 

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1by the Department, for the immediately preceding calendar year.
2The term "average monthly tax liability" means the sum of the
3taxpayer's liabilities under this Act, and under all other
4State and local occupation and use tax laws administered by the
5Department, for the immediately preceding calendar year
6divided by 12. Beginning on October 1, 2002, a taxpayer who has
7a tax liability in the amount set forth in subsection (b) of
8Section 2505-210 of the Department of Revenue Law shall make
9all payments required by rules of the Department by electronic
10funds transfer.
11    Before August 1 of each year beginning in 1993, the
12Department shall notify all taxpayers required to make payments
13by electronic funds transfer. All taxpayers required to make
14payments by electronic funds transfer shall make those payments
15for a minimum of one year beginning on October 1.
16    Any taxpayer not required to make payments by electronic
17funds transfer may make payments by electronic funds transfer
18with the permission of the Department.
19    All taxpayers required to make payment by electronic funds
20transfer and any taxpayers authorized to voluntarily make
21payments by electronic funds transfer shall make those payments
22in the manner authorized by the Department.
23    The Department shall adopt such rules as are necessary to
24effectuate a program of electronic funds transfer and the
25requirements of this Section.
26    Before October 1, 2000, if the taxpayer's average monthly

 

 

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1tax liability to the Department under this Act, the Retailers'
2Occupation Tax Act, the Service Occupation Tax Act, the Service
3Use Tax Act was $10,000 or more during the preceding 4 complete
4calendar quarters, he shall file a return with the Department
5each month by the 20th day of the month next following the
6month during which such tax liability is incurred and shall
7make payments to the Department on or before the 7th, 15th,
822nd and last day of the month during which such liability is
9incurred. On and after October 1, 2000, if the taxpayer's
10average monthly tax liability to the Department under this Act,
11the Retailers' Occupation Tax Act, the Service Occupation Tax
12Act, and the Service Use Tax Act was $20,000 or more during the
13preceding 4 complete calendar quarters, he shall file a return
14with the Department each month by the 20th day of the month
15next following the month during which such tax liability is
16incurred and shall make payment to the Department on or before
17the 7th, 15th, 22nd and last day of the month during which such
18liability is incurred. If the month during which such tax
19liability is incurred began prior to January 1, 1985, each
20payment shall be in an amount equal to 1/4 of the taxpayer's
21actual liability for the month or an amount set by the
22Department not to exceed 1/4 of the average monthly liability
23of the taxpayer to the Department for the preceding 4 complete
24calendar quarters (excluding the month of highest liability and
25the month of lowest liability in such 4 quarter period). If the
26month during which such tax liability is incurred begins on or

 

 

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1after January 1, 1985, and prior to January 1, 1987, each
2payment shall be in an amount equal to 22.5% of the taxpayer's
3actual liability for the month or 27.5% of the taxpayer's
4liability for the same calendar month of the preceding year. If
5the month during which such tax liability is incurred begins on
6or after January 1, 1987, and prior to January 1, 1988, each
7payment shall be in an amount equal to 22.5% of the taxpayer's
8actual liability for the month or 26.25% of the taxpayer's
9liability for the same calendar month of the preceding year. If
10the month during which such tax liability is incurred begins on
11or after January 1, 1988, and prior to January 1, 1989, or
12begins on or after January 1, 1996, each payment shall be in an
13amount equal to 22.5% of the taxpayer's actual liability for
14the month or 25% of the taxpayer's liability for the same
15calendar month of the preceding year. If the month during which
16such tax liability is incurred begins on or after January 1,
171989, and prior to January 1, 1996, each payment shall be in an
18amount equal to 22.5% of the taxpayer's actual liability for
19the month or 25% of the taxpayer's liability for the same
20calendar month of the preceding year or 100% of the taxpayer's
21actual liability for the quarter monthly reporting period. The
22amount of such quarter monthly payments shall be credited
23against the final tax liability of the taxpayer's return for
24that month. Before October 1, 2000, once applicable, the
25requirement of the making of quarter monthly payments to the
26Department shall continue until such taxpayer's average

 

 

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1monthly liability to the Department during the preceding 4
2complete calendar quarters (excluding the month of highest
3liability and the month of lowest liability) is less than
4$9,000, or until such taxpayer's average monthly liability to
5the Department as computed for each calendar quarter of the 4
6preceding complete calendar quarter period is less than
7$10,000. However, if a taxpayer can show the Department that a
8substantial change in the taxpayer's business has occurred
9which causes the taxpayer to anticipate that his average
10monthly tax liability for the reasonably foreseeable future
11will fall below the $10,000 threshold stated above, then such
12taxpayer may petition the Department for change in such
13taxpayer's reporting status. On and after October 1, 2000, once
14applicable, the requirement of the making of quarter monthly
15payments to the Department shall continue until such taxpayer's
16average monthly liability to the Department during the
17preceding 4 complete calendar quarters (excluding the month of
18highest liability and the month of lowest liability) is less
19than $19,000 or until such taxpayer's average monthly liability
20to the Department as computed for each calendar quarter of the
214 preceding complete calendar quarter period is less than
22$20,000. However, if a taxpayer can show the Department that a
23substantial change in the taxpayer's business has occurred
24which causes the taxpayer to anticipate that his average
25monthly tax liability for the reasonably foreseeable future
26will fall below the $20,000 threshold stated above, then such

 

 

HB5447 Enrolled- 478 -LRB100 16294 AMC 31417 b

1taxpayer may petition the Department for a change in such
2taxpayer's reporting status. The Department shall change such
3taxpayer's reporting status unless it finds that such change is
4seasonal in nature and not likely to be long term. If any such
5quarter monthly payment is not paid at the time or in the
6amount required by this Section, then the taxpayer shall be
7liable for penalties and interest on the difference between the
8minimum amount due and the amount of such quarter monthly
9payment actually and timely paid, except insofar as the
10taxpayer has previously made payments for that month to the
11Department in excess of the minimum payments previously due as
12provided in this Section. The Department shall make reasonable
13rules and regulations to govern the quarter monthly payment
14amount and quarter monthly payment dates for taxpayers who file
15on other than a calendar monthly basis.
16    If any such payment provided for in this Section exceeds
17the taxpayer's liabilities under this Act, the Retailers'
18Occupation Tax Act, the Service Occupation Tax Act and the
19Service Use Tax Act, as shown by an original monthly return,
20the Department shall issue to the taxpayer a credit memorandum
21no later than 30 days after the date of payment, which
22memorandum may be submitted by the taxpayer to the Department
23in payment of tax liability subsequently to be remitted by the
24taxpayer to the Department or be assigned by the taxpayer to a
25similar taxpayer under this Act, the Retailers' Occupation Tax
26Act, the Service Occupation Tax Act or the Service Use Tax Act,

 

 

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1in accordance with reasonable rules and regulations to be
2prescribed by the Department, except that if such excess
3payment is shown on an original monthly return and is made
4after December 31, 1986, no credit memorandum shall be issued,
5unless requested by the taxpayer. If no such request is made,
6the taxpayer may credit such excess payment against tax
7liability subsequently to be remitted by the taxpayer to the
8Department under this Act, the Retailers' Occupation Tax Act,
9the Service Occupation Tax Act or the Service Use Tax Act, in
10accordance with reasonable rules and regulations prescribed by
11the Department. If the Department subsequently determines that
12all or any part of the credit taken was not actually due to the
13taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall
14be reduced by 2.1% or 1.75% of the difference between the
15credit taken and that actually due, and the taxpayer shall be
16liable for penalties and interest on such difference.
17    If the retailer is otherwise required to file a monthly
18return and if the retailer's average monthly tax liability to
19the Department does not exceed $200, the Department may
20authorize his returns to be filed on a quarter annual basis,
21with the return for January, February, and March of a given
22year being due by April 20 of such year; with the return for
23April, May and June of a given year being due by July 20 of such
24year; with the return for July, August and September of a given
25year being due by October 20 of such year, and with the return
26for October, November and December of a given year being due by

 

 

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1January 20 of the following year.
2    If the retailer is otherwise required to file a monthly or
3quarterly return and if the retailer's average monthly tax
4liability to the Department does not exceed $50, the Department
5may authorize his returns to be filed on an annual basis, with
6the return for a given year being due by January 20 of the
7following year.
8    Such quarter annual and annual returns, as to form and
9substance, shall be subject to the same requirements as monthly
10returns.
11    Notwithstanding any other provision in this Act concerning
12the time within which a retailer may file his return, in the
13case of any retailer who ceases to engage in a kind of business
14which makes him responsible for filing returns under this Act,
15such retailer shall file a final return under this Act with the
16Department not more than one month after discontinuing such
17business.
18    In addition, with respect to motor vehicles, watercraft,
19aircraft, and trailers that are required to be registered with
20an agency of this State, every retailer selling this kind of
21tangible personal property shall file, with the Department,
22upon a form to be prescribed and supplied by the Department, a
23separate return for each such item of tangible personal
24property which the retailer sells, except that if, in the same
25transaction, (i) a retailer of aircraft, watercraft, motor
26vehicles or trailers transfers more than one aircraft,

 

 

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1watercraft, motor vehicle or trailer to another aircraft,
2watercraft, motor vehicle or trailer retailer for the purpose
3of resale or (ii) a retailer of aircraft, watercraft, motor
4vehicles, or trailers transfers more than one aircraft,
5watercraft, motor vehicle, or trailer to a purchaser for use as
6a qualifying rolling stock as provided in Section 3-55 of this
7Act, then that seller may report the transfer of all the
8aircraft, watercraft, motor vehicles or trailers involved in
9that transaction to the Department on the same uniform
10invoice-transaction reporting return form. For purposes of
11this Section, "watercraft" means a Class 2, Class 3, or Class 4
12watercraft as defined in Section 3-2 of the Boat Registration
13and Safety Act, a personal watercraft, or any boat equipped
14with an inboard motor.
15    The transaction reporting return in the case of motor
16vehicles or trailers that are required to be registered with an
17agency of this State, shall be the same document as the Uniform
18Invoice referred to in Section 5-402 of the Illinois Vehicle
19Code and must show the name and address of the seller; the name
20and address of the purchaser; the amount of the selling price
21including the amount allowed by the retailer for traded-in
22property, if any; the amount allowed by the retailer for the
23traded-in tangible personal property, if any, to the extent to
24which Section 2 of this Act allows an exemption for the value
25of traded-in property; the balance payable after deducting such
26trade-in allowance from the total selling price; the amount of

 

 

HB5447 Enrolled- 482 -LRB100 16294 AMC 31417 b

1tax due from the retailer with respect to such transaction; the
2amount of tax collected from the purchaser by the retailer on
3such transaction (or satisfactory evidence that such tax is not
4due in that particular instance, if that is claimed to be the
5fact); the place and date of the sale; a sufficient
6identification of the property sold; such other information as
7is required in Section 5-402 of the Illinois Vehicle Code, and
8such other information as the Department may reasonably
9require.
10    The transaction reporting return in the case of watercraft
11and aircraft must show the name and address of the seller; the
12name and address of the purchaser; the amount of the selling
13price including the amount allowed by the retailer for
14traded-in property, if any; the amount allowed by the retailer
15for the traded-in tangible personal property, if any, to the
16extent to which Section 2 of this Act allows an exemption for
17the value of traded-in property; the balance payable after
18deducting such trade-in allowance from the total selling price;
19the amount of tax due from the retailer with respect to such
20transaction; the amount of tax collected from the purchaser by
21the retailer on such transaction (or satisfactory evidence that
22such tax is not due in that particular instance, if that is
23claimed to be the fact); the place and date of the sale, a
24sufficient identification of the property sold, and such other
25information as the Department may reasonably require.
26    Such transaction reporting return shall be filed not later

 

 

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1than 20 days after the date of delivery of the item that is
2being sold, but may be filed by the retailer at any time sooner
3than that if he chooses to do so. The transaction reporting
4return and tax remittance or proof of exemption from the tax
5that is imposed by this Act may be transmitted to the
6Department by way of the State agency with which, or State
7officer with whom, the tangible personal property must be
8titled or registered (if titling or registration is required)
9if the Department and such agency or State officer determine
10that this procedure will expedite the processing of
11applications for title or registration.
12    With each such transaction reporting return, the retailer
13shall remit the proper amount of tax due (or shall submit
14satisfactory evidence that the sale is not taxable if that is
15the case), to the Department or its agents, whereupon the
16Department shall issue, in the purchaser's name, a tax receipt
17(or a certificate of exemption if the Department is satisfied
18that the particular sale is tax exempt) which such purchaser
19may submit to the agency with which, or State officer with
20whom, he must title or register the tangible personal property
21that is involved (if titling or registration is required) in
22support of such purchaser's application for an Illinois
23certificate or other evidence of title or registration to such
24tangible personal property.
25    No retailer's failure or refusal to remit tax under this
26Act precludes a user, who has paid the proper tax to the

 

 

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1retailer, from obtaining his certificate of title or other
2evidence of title or registration (if titling or registration
3is required) upon satisfying the Department that such user has
4paid the proper tax (if tax is due) to the retailer. The
5Department shall adopt appropriate rules to carry out the
6mandate of this paragraph.
7    If the user who would otherwise pay tax to the retailer
8wants the transaction reporting return filed and the payment of
9tax or proof of exemption made to the Department before the
10retailer is willing to take these actions and such user has not
11paid the tax to the retailer, such user may certify to the fact
12of such delay by the retailer, and may (upon the Department
13being satisfied of the truth of such certification) transmit
14the information required by the transaction reporting return
15and the remittance for tax or proof of exemption directly to
16the Department and obtain his tax receipt or exemption
17determination, in which event the transaction reporting return
18and tax remittance (if a tax payment was required) shall be
19credited by the Department to the proper retailer's account
20with the Department, but without the 2.1% or 1.75% discount
21provided for in this Section being allowed. When the user pays
22the tax directly to the Department, he shall pay the tax in the
23same amount and in the same form in which it would be remitted
24if the tax had been remitted to the Department by the retailer.
25    Where a retailer collects the tax with respect to the
26selling price of tangible personal property which he sells and

 

 

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1the purchaser thereafter returns such tangible personal
2property and the retailer refunds the selling price thereof to
3the purchaser, such retailer shall also refund, to the
4purchaser, the tax so collected from the purchaser. When filing
5his return for the period in which he refunds such tax to the
6purchaser, the retailer may deduct the amount of the tax so
7refunded by him to the purchaser from any other use tax which
8such retailer may be required to pay or remit to the
9Department, as shown by such return, if the amount of the tax
10to be deducted was previously remitted to the Department by
11such retailer. If the retailer has not previously remitted the
12amount of such tax to the Department, he is entitled to no
13deduction under this Act upon refunding such tax to the
14purchaser.
15    Any retailer filing a return under this Section shall also
16include (for the purpose of paying tax thereon) the total tax
17covered by such return upon the selling price of tangible
18personal property purchased by him at retail from a retailer,
19but as to which the tax imposed by this Act was not collected
20from the retailer filing such return, and such retailer shall
21remit the amount of such tax to the Department when filing such
22return.
23    If experience indicates such action to be practicable, the
24Department may prescribe and furnish a combination or joint
25return which will enable retailers, who are required to file
26returns hereunder and also under the Retailers' Occupation Tax

 

 

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1Act, to furnish all the return information required by both
2Acts on the one form.
3    Where the retailer has more than one business registered
4with the Department under separate registration under this Act,
5such retailer may not file each return that is due as a single
6return covering all such registered businesses, but shall file
7separate returns for each such registered business.
8    Beginning January 1, 1990, each month the Department shall
9pay into the State and Local Sales Tax Reform Fund, a special
10fund in the State Treasury which is hereby created, the net
11revenue realized for the preceding month from the 1% tax on
12sales of food for human consumption which is to be consumed off
13the premises where it is sold (other than alcoholic beverages,
14soft drinks and food which has been prepared for immediate
15consumption) and prescription and nonprescription medicines,
16drugs, medical appliances, products classified as Class III
17medical devices by the United States Food and Drug
18Administration that are used for cancer treatment pursuant to a
19prescription, as well as any accessories and components related
20to those devices, and insulin, urine testing materials,
21syringes and needles used by diabetics.
22    Beginning January 1, 1990, each month the Department shall
23pay into the County and Mass Transit District Fund 4% of the
24net revenue realized for the preceding month from the 6.25%
25general rate on the selling price of tangible personal property
26which is purchased outside Illinois at retail from a retailer

 

 

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1and which is titled or registered by an agency of this State's
2government.
3    Beginning January 1, 1990, each month the Department shall
4pay into the State and Local Sales Tax Reform Fund, a special
5fund in the State Treasury, 20% of the net revenue realized for
6the preceding month from the 6.25% general rate on the selling
7price of tangible personal property, other than tangible
8personal property which is purchased outside Illinois at retail
9from a retailer and which is titled or registered by an agency
10of this State's government.
11    Beginning August 1, 2000, each month the Department shall
12pay into the State and Local Sales Tax Reform Fund 100% of the
13net revenue realized for the preceding month from the 1.25%
14rate on the selling price of motor fuel and gasohol. Beginning
15September 1, 2010, each month the Department shall pay into the
16State and Local Sales Tax Reform Fund 100% of the net revenue
17realized for the preceding month from the 1.25% rate on the
18selling price of sales tax holiday items.
19    Beginning January 1, 1990, each month the Department shall
20pay into the Local Government Tax Fund 16% of the net revenue
21realized for the preceding month from the 6.25% general rate on
22the selling price of tangible personal property which is
23purchased outside Illinois at retail from a retailer and which
24is titled or registered by an agency of this State's
25government.
26    Beginning October 1, 2009, each month the Department shall

 

 

HB5447 Enrolled- 488 -LRB100 16294 AMC 31417 b

1pay into the Capital Projects Fund an amount that is equal to
2an amount estimated by the Department to represent 80% of the
3net revenue realized for the preceding month from the sale of
4candy, grooming and hygiene products, and soft drinks that had
5been taxed at a rate of 1% prior to September 1, 2009 but that
6are now taxed at 6.25%.
7    Beginning July 1, 2011, each month the Department shall pay
8into the Clean Air Act Permit Fund 80% of the net revenue
9realized for the preceding month from the 6.25% general rate on
10the selling price of sorbents used in Illinois in the process
11of sorbent injection as used to comply with the Environmental
12Protection Act or the federal Clean Air Act, but the total
13payment into the Clean Air Act Permit Fund under this Act and
14the Retailers' Occupation Tax Act shall not exceed $2,000,000
15in any fiscal year.
16    Beginning July 1, 2013, each month the Department shall pay
17into the Underground Storage Tank Fund from the proceeds
18collected under this Act, the Service Use Tax Act, the Service
19Occupation Tax Act, and the Retailers' Occupation Tax Act an
20amount equal to the average monthly deficit in the Underground
21Storage Tank Fund during the prior year, as certified annually
22by the Illinois Environmental Protection Agency, but the total
23payment into the Underground Storage Tank Fund under this Act,
24the Service Use Tax Act, the Service Occupation Tax Act, and
25the Retailers' Occupation Tax Act shall not exceed $18,000,000
26in any State fiscal year. As used in this paragraph, the

 

 

HB5447 Enrolled- 489 -LRB100 16294 AMC 31417 b

1"average monthly deficit" shall be equal to the difference
2between the average monthly claims for payment by the fund and
3the average monthly revenues deposited into the fund, excluding
4payments made pursuant to this paragraph.
5    Beginning July 1, 2015, of the remainder of the moneys
6received by the Department under this Act, the Service Use Tax
7Act, the Service Occupation Tax Act, and the Retailers'
8Occupation Tax Act, each month the Department shall deposit
9$500,000 into the State Crime Laboratory Fund.
10    Of the remainder of the moneys received by the Department
11pursuant to this Act, (a) 1.75% thereof shall be paid into the
12Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
13and after July 1, 1989, 3.8% thereof shall be paid into the
14Build Illinois Fund; provided, however, that if in any fiscal
15year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
16may be, of the moneys received by the Department and required
17to be paid into the Build Illinois Fund pursuant to Section 3
18of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
19Act, Section 9 of the Service Use Tax Act, and Section 9 of the
20Service Occupation Tax Act, such Acts being hereinafter called
21the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
22may be, of moneys being hereinafter called the "Tax Act
23Amount", and (2) the amount transferred to the Build Illinois
24Fund from the State and Local Sales Tax Reform Fund shall be
25less than the Annual Specified Amount (as defined in Section 3
26of the Retailers' Occupation Tax Act), an amount equal to the

 

 

HB5447 Enrolled- 490 -LRB100 16294 AMC 31417 b

1difference shall be immediately paid into the Build Illinois
2Fund from other moneys received by the Department pursuant to
3the Tax Acts; and further provided, that if on the last
4business day of any month the sum of (1) the Tax Act Amount
5required to be deposited into the Build Illinois Bond Account
6in the Build Illinois Fund during such month and (2) the amount
7transferred during such month to the Build Illinois Fund from
8the State and Local Sales Tax Reform Fund shall have been less
9than 1/12 of the Annual Specified Amount, an amount equal to
10the difference shall be immediately paid into the Build
11Illinois Fund from other moneys received by the Department
12pursuant to the Tax Acts; and, further provided, that in no
13event shall the payments required under the preceding proviso
14result in aggregate payments into the Build Illinois Fund
15pursuant to this clause (b) for any fiscal year in excess of
16the greater of (i) the Tax Act Amount or (ii) the Annual
17Specified Amount for such fiscal year; and, further provided,
18that the amounts payable into the Build Illinois Fund under
19this clause (b) shall be payable only until such time as the
20aggregate amount on deposit under each trust indenture securing
21Bonds issued and outstanding pursuant to the Build Illinois
22Bond Act is sufficient, taking into account any future
23investment income, to fully provide, in accordance with such
24indenture, for the defeasance of or the payment of the
25principal of, premium, if any, and interest on the Bonds
26secured by such indenture and on any Bonds expected to be

 

 

HB5447 Enrolled- 491 -LRB100 16294 AMC 31417 b

1issued thereafter and all fees and costs payable with respect
2thereto, all as certified by the Director of the Bureau of the
3Budget (now Governor's Office of Management and Budget). If on
4the last business day of any month in which Bonds are
5outstanding pursuant to the Build Illinois Bond Act, the
6aggregate of the moneys deposited in the Build Illinois Bond
7Account in the Build Illinois Fund in such month shall be less
8than the amount required to be transferred in such month from
9the Build Illinois Bond Account to the Build Illinois Bond
10Retirement and Interest Fund pursuant to Section 13 of the
11Build Illinois Bond Act, an amount equal to such deficiency
12shall be immediately paid from other moneys received by the
13Department pursuant to the Tax Acts to the Build Illinois Fund;
14provided, however, that any amounts paid to the Build Illinois
15Fund in any fiscal year pursuant to this sentence shall be
16deemed to constitute payments pursuant to clause (b) of the
17preceding sentence and shall reduce the amount otherwise
18payable for such fiscal year pursuant to clause (b) of the
19preceding sentence. The moneys received by the Department
20pursuant to this Act and required to be deposited into the
21Build Illinois Fund are subject to the pledge, claim and charge
22set forth in Section 12 of the Build Illinois Bond Act.
23    Subject to payment of amounts into the Build Illinois Fund
24as provided in the preceding paragraph or in any amendment
25thereto hereafter enacted, the following specified monthly
26installment of the amount requested in the certificate of the

 

 

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1Chairman of the Metropolitan Pier and Exposition Authority
2provided under Section 8.25f of the State Finance Act, but not
3in excess of the sums designated as "Total Deposit", shall be
4deposited in the aggregate from collections under Section 9 of
5the Use Tax Act, Section 9 of the Service Use Tax Act, Section
69 of the Service Occupation Tax Act, and Section 3 of the
7Retailers' Occupation Tax Act into the McCormick Place
8Expansion Project Fund in the specified fiscal years.
9Fiscal YearTotal Deposit
101993         $0
111994 53,000,000
121995 58,000,000
131996 61,000,000
141997 64,000,000
151998 68,000,000
161999 71,000,000
172000 75,000,000
182001 80,000,000
192002 93,000,000
202003 99,000,000
212004103,000,000
222005108,000,000
232006113,000,000
242007119,000,000
252008126,000,000
262009132,000,000

 

 

HB5447 Enrolled- 493 -LRB100 16294 AMC 31417 b

12010139,000,000
22011146,000,000
32012153,000,000
42013161,000,000
52014170,000,000
62015179,000,000
72016189,000,000
82017199,000,000
92018210,000,000
102019221,000,000
112020233,000,000
122021246,000,000
132022260,000,000
142023275,000,000
152024 275,000,000
162025 275,000,000
172026 279,000,000
182027 292,000,000
192028 307,000,000
202029 322,000,000
212030 338,000,000
222031 350,000,000
232032 350,000,000
24and
25each fiscal year
26thereafter that bonds

 

 

HB5447 Enrolled- 494 -LRB100 16294 AMC 31417 b

1are outstanding under
2Section 13.2 of the
3Metropolitan Pier and
4Exposition Authority Act,
5but not after fiscal year 2060.
6    Beginning July 20, 1993 and in each month of each fiscal
7year thereafter, one-eighth of the amount requested in the
8certificate of the Chairman of the Metropolitan Pier and
9Exposition Authority for that fiscal year, less the amount
10deposited into the McCormick Place Expansion Project Fund by
11the State Treasurer in the respective month under subsection
12(g) of Section 13 of the Metropolitan Pier and Exposition
13Authority Act, plus cumulative deficiencies in the deposits
14required under this Section for previous months and years,
15shall be deposited into the McCormick Place Expansion Project
16Fund, until the full amount requested for the fiscal year, but
17not in excess of the amount specified above as "Total Deposit",
18has been deposited.
19    Subject to payment of amounts into the Build Illinois Fund
20and the McCormick Place Expansion Project Fund pursuant to the
21preceding paragraphs or in any amendments thereto hereafter
22enacted, beginning July 1, 1993 and ending on September 30,
232013, the Department shall each month pay into the Illinois Tax
24Increment Fund 0.27% of 80% of the net revenue realized for the
25preceding month from the 6.25% general rate on the selling
26price of tangible personal property.

 

 

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1    Subject to payment of amounts into the Build Illinois Fund
2and the McCormick Place Expansion Project Fund pursuant to the
3preceding paragraphs or in any amendments thereto hereafter
4enacted, beginning with the receipt of the first report of
5taxes paid by an eligible business and continuing for a 25-year
6period, the Department shall each month pay into the Energy
7Infrastructure Fund 80% of the net revenue realized from the
86.25% general rate on the selling price of Illinois-mined coal
9that was sold to an eligible business. For purposes of this
10paragraph, the term "eligible business" means a new electric
11generating facility certified pursuant to Section 605-332 of
12the Department of Commerce and Economic Opportunity Law of the
13Civil Administrative Code of Illinois.
14    Subject to payment of amounts into the Build Illinois Fund,
15the McCormick Place Expansion Project Fund, the Illinois Tax
16Increment Fund, and the Energy Infrastructure Fund pursuant to
17the preceding paragraphs or in any amendments to this Section
18hereafter enacted, beginning on the first day of the first
19calendar month to occur on or after August 26, 2014 (the
20effective date of Public Act 98-1098), each month, from the
21collections made under Section 9 of the Use Tax Act, Section 9
22of the Service Use Tax Act, Section 9 of the Service Occupation
23Tax Act, and Section 3 of the Retailers' Occupation Tax Act,
24the Department shall pay into the Tax Compliance and
25Administration Fund, to be used, subject to appropriation, to
26fund additional auditors and compliance personnel at the

 

 

HB5447 Enrolled- 496 -LRB100 16294 AMC 31417 b

1Department of Revenue, an amount equal to 1/12 of 5% of 80% of
2the cash receipts collected during the preceding fiscal year by
3the Audit Bureau of the Department under the Use Tax Act, the
4Service Use Tax Act, the Service Occupation Tax Act, the
5Retailers' Occupation Tax Act, and associated local occupation
6and use taxes administered by the Department.
7    Of the remainder of the moneys received by the Department
8pursuant to this Act, 75% thereof shall be paid into the State
9Treasury and 25% shall be reserved in a special account and
10used only for the transfer to the Common School Fund as part of
11the monthly transfer from the General Revenue Fund in
12accordance with Section 8a of the State Finance Act.
13    As soon as possible after the first day of each month, upon
14certification of the Department of Revenue, the Comptroller
15shall order transferred and the Treasurer shall transfer from
16the General Revenue Fund to the Motor Fuel Tax Fund an amount
17equal to 1.7% of 80% of the net revenue realized under this Act
18for the second preceding month. Beginning April 1, 2000, this
19transfer is no longer required and shall not be made.
20    Net revenue realized for a month shall be the revenue
21collected by the State pursuant to this Act, less the amount
22paid out during that month as refunds to taxpayers for
23overpayment of liability.
24    For greater simplicity of administration, manufacturers,
25importers and wholesalers whose products are sold at retail in
26Illinois by numerous retailers, and who wish to do so, may

 

 

HB5447 Enrolled- 497 -LRB100 16294 AMC 31417 b

1assume the responsibility for accounting and paying to the
2Department all tax accruing under this Act with respect to such
3sales, if the retailers who are affected do not make written
4objection to the Department to this arrangement.
5(Source: P.A. 99-352, eff. 8-12-15; 99-858, eff. 8-19-16;
699-933, eff. 1-27-17; 100-303, eff. 8-24-17.)
 
7    (Text of Section after amendment by P.A. 100-363)
8    Sec. 9. Except as to motor vehicles, watercraft, aircraft,
9and trailers that are required to be registered with an agency
10of this State, each retailer required or authorized to collect
11the tax imposed by this Act shall pay to the Department the
12amount of such tax (except as otherwise provided) at the time
13when he is required to file his return for the period during
14which such tax was collected, less a discount of 2.1% prior to
15January 1, 1990, and 1.75% on and after January 1, 1990, or $5
16per calendar year, whichever is greater, which is allowed to
17reimburse the retailer for expenses incurred in collecting the
18tax, keeping records, preparing and filing returns, remitting
19the tax and supplying data to the Department on request. In the
20case of retailers who report and pay the tax on a transaction
21by transaction basis, as provided in this Section, such
22discount shall be taken with each such tax remittance instead
23of when such retailer files his periodic return. The discount
24allowed under this Section is allowed only for returns that are
25filed in the manner required by this Act. The Department may

 

 

HB5447 Enrolled- 498 -LRB100 16294 AMC 31417 b

1disallow the discount for retailers whose certificate of
2registration is revoked at the time the return is filed, but
3only if the Department's decision to revoke the certificate of
4registration has become final. A retailer need not remit that
5part of any tax collected by him to the extent that he is
6required to remit and does remit the tax imposed by the
7Retailers' Occupation Tax Act, with respect to the sale of the
8same property.
9    Where such tangible personal property is sold under a
10conditional sales contract, or under any other form of sale
11wherein the payment of the principal sum, or a part thereof, is
12extended beyond the close of the period for which the return is
13filed, the retailer, in collecting the tax (except as to motor
14vehicles, watercraft, aircraft, and trailers that are required
15to be registered with an agency of this State), may collect for
16each tax return period, only the tax applicable to that part of
17the selling price actually received during such tax return
18period.
19    Except as provided in this Section, on or before the
20twentieth day of each calendar month, such retailer shall file
21a return for the preceding calendar month. Such return shall be
22filed on forms prescribed by the Department and shall furnish
23such information as the Department may reasonably require. On
24and after January 1, 2018, except for returns for motor
25vehicles, watercraft, aircraft, and trailers that are required
26to be registered with an agency of this State, with respect to

 

 

HB5447 Enrolled- 499 -LRB100 16294 AMC 31417 b

1retailers whose annual gross receipts average $20,000 or more,
2all returns required to be filed pursuant to this Act shall be
3filed electronically. Retailers who demonstrate that they do
4not have access to the Internet or demonstrate hardship in
5filing electronically may petition the Department to waive the
6electronic filing requirement.
7    The Department may require returns to be filed on a
8quarterly basis. If so required, a return for each calendar
9quarter shall be filed on or before the twentieth day of the
10calendar month following the end of such calendar quarter. The
11taxpayer shall also file a return with the Department for each
12of the first two months of each calendar quarter, on or before
13the twentieth day of the following calendar month, stating:
14        1. The name of the seller;
15        2. The address of the principal place of business from
16    which he engages in the business of selling tangible
17    personal property at retail in this State;
18        3. The total amount of taxable receipts received by him
19    during the preceding calendar month from sales of tangible
20    personal property by him during such preceding calendar
21    month, including receipts from charge and time sales, but
22    less all deductions allowed by law;
23        4. The amount of credit provided in Section 2d of this
24    Act;
25        5. The amount of tax due;
26        5-5. The signature of the taxpayer; and

 

 

HB5447 Enrolled- 500 -LRB100 16294 AMC 31417 b

1        6. Such other reasonable information as the Department
2    may require.
3    If a taxpayer fails to sign a return within 30 days after
4the proper notice and demand for signature by the Department,
5the return shall be considered valid and any amount shown to be
6due on the return shall be deemed assessed.
7    Beginning October 1, 1993, a taxpayer who has an average
8monthly tax liability of $150,000 or more shall make all
9payments required by rules of the Department by electronic
10funds transfer. Beginning October 1, 1994, a taxpayer who has
11an average monthly tax liability of $100,000 or more shall make
12all payments required by rules of the Department by electronic
13funds transfer. Beginning October 1, 1995, a taxpayer who has
14an average monthly tax liability of $50,000 or more shall make
15all payments required by rules of the Department by electronic
16funds transfer. Beginning October 1, 2000, a taxpayer who has
17an annual tax liability of $200,000 or more shall make all
18payments required by rules of the Department by electronic
19funds transfer. The term "annual tax liability" shall be the
20sum of the taxpayer's liabilities under this Act, and under all
21other State and local occupation and use tax laws administered
22by the Department, for the immediately preceding calendar year.
23The term "average monthly tax liability" means the sum of the
24taxpayer's liabilities under this Act, and under all other
25State and local occupation and use tax laws administered by the
26Department, for the immediately preceding calendar year

 

 

HB5447 Enrolled- 501 -LRB100 16294 AMC 31417 b

1divided by 12. Beginning on October 1, 2002, a taxpayer who has
2a tax liability in the amount set forth in subsection (b) of
3Section 2505-210 of the Department of Revenue Law shall make
4all payments required by rules of the Department by electronic
5funds transfer.
6    Before August 1 of each year beginning in 1993, the
7Department shall notify all taxpayers required to make payments
8by electronic funds transfer. All taxpayers required to make
9payments by electronic funds transfer shall make those payments
10for a minimum of one year beginning on October 1.
11    Any taxpayer not required to make payments by electronic
12funds transfer may make payments by electronic funds transfer
13with the permission of the Department.
14    All taxpayers required to make payment by electronic funds
15transfer and any taxpayers authorized to voluntarily make
16payments by electronic funds transfer shall make those payments
17in the manner authorized by the Department.
18    The Department shall adopt such rules as are necessary to
19effectuate a program of electronic funds transfer and the
20requirements of this Section.
21    Before October 1, 2000, if the taxpayer's average monthly
22tax liability to the Department under this Act, the Retailers'
23Occupation Tax Act, the Service Occupation Tax Act, the Service
24Use Tax Act was $10,000 or more during the preceding 4 complete
25calendar quarters, he shall file a return with the Department
26each month by the 20th day of the month next following the

 

 

HB5447 Enrolled- 502 -LRB100 16294 AMC 31417 b

1month during which such tax liability is incurred and shall
2make payments to the Department on or before the 7th, 15th,
322nd and last day of the month during which such liability is
4incurred. On and after October 1, 2000, if the taxpayer's
5average monthly tax liability to the Department under this Act,
6the Retailers' Occupation Tax Act, the Service Occupation Tax
7Act, and the Service Use Tax Act was $20,000 or more during the
8preceding 4 complete calendar quarters, he shall file a return
9with the Department each month by the 20th day of the month
10next following the month during which such tax liability is
11incurred and shall make payment to the Department on or before
12the 7th, 15th, 22nd and last day of the month during which such
13liability is incurred. If the month during which such tax
14liability is incurred began prior to January 1, 1985, each
15payment shall be in an amount equal to 1/4 of the taxpayer's
16actual liability for the month or an amount set by the
17Department not to exceed 1/4 of the average monthly liability
18of the taxpayer to the Department for the preceding 4 complete
19calendar quarters (excluding the month of highest liability and
20the month of lowest liability in such 4 quarter period). If the
21month during which such tax liability is incurred begins on or
22after January 1, 1985, and prior to January 1, 1987, each
23payment shall be in an amount equal to 22.5% of the taxpayer's
24actual liability for the month or 27.5% of the taxpayer's
25liability for the same calendar month of the preceding year. If
26the month during which such tax liability is incurred begins on

 

 

HB5447 Enrolled- 503 -LRB100 16294 AMC 31417 b

1or after January 1, 1987, and prior to January 1, 1988, each
2payment shall be in an amount equal to 22.5% of the taxpayer's
3actual liability for the month or 26.25% of the taxpayer's
4liability for the same calendar month of the preceding year. If
5the month during which such tax liability is incurred begins on
6or after January 1, 1988, and prior to January 1, 1989, or
7begins on or after January 1, 1996, each payment shall be in an
8amount equal to 22.5% of the taxpayer's actual liability for
9the month or 25% of the taxpayer's liability for the same
10calendar month of the preceding year. If the month during which
11such tax liability is incurred begins on or after January 1,
121989, and prior to January 1, 1996, each payment shall be in an
13amount equal to 22.5% of the taxpayer's actual liability for
14the month or 25% of the taxpayer's liability for the same
15calendar month of the preceding year or 100% of the taxpayer's
16actual liability for the quarter monthly reporting period. The
17amount of such quarter monthly payments shall be credited
18against the final tax liability of the taxpayer's return for
19that month. Before October 1, 2000, once applicable, the
20requirement of the making of quarter monthly payments to the
21Department shall continue until such taxpayer's average
22monthly liability to the Department during the preceding 4
23complete calendar quarters (excluding the month of highest
24liability and the month of lowest liability) is less than
25$9,000, or until such taxpayer's average monthly liability to
26the Department as computed for each calendar quarter of the 4

 

 

HB5447 Enrolled- 504 -LRB100 16294 AMC 31417 b

1preceding complete calendar quarter period is less than
2$10,000. However, if a taxpayer can show the Department that a
3substantial change in the taxpayer's business has occurred
4which causes the taxpayer to anticipate that his average
5monthly tax liability for the reasonably foreseeable future
6will fall below the $10,000 threshold stated above, then such
7taxpayer may petition the Department for change in such
8taxpayer's reporting status. On and after October 1, 2000, once
9applicable, the requirement of the making of quarter monthly
10payments to the Department shall continue until such taxpayer's
11average monthly liability to the Department during the
12preceding 4 complete calendar quarters (excluding the month of
13highest liability and the month of lowest liability) is less
14than $19,000 or until such taxpayer's average monthly liability
15to the Department as computed for each calendar quarter of the
164 preceding complete calendar quarter period is less than
17$20,000. However, if a taxpayer can show the Department that a
18substantial change in the taxpayer's business has occurred
19which causes the taxpayer to anticipate that his average
20monthly tax liability for the reasonably foreseeable future
21will fall below the $20,000 threshold stated above, then such
22taxpayer may petition the Department for a change in such
23taxpayer's reporting status. The Department shall change such
24taxpayer's reporting status unless it finds that such change is
25seasonal in nature and not likely to be long term. If any such
26quarter monthly payment is not paid at the time or in the

 

 

HB5447 Enrolled- 505 -LRB100 16294 AMC 31417 b

1amount required by this Section, then the taxpayer shall be
2liable for penalties and interest on the difference between the
3minimum amount due and the amount of such quarter monthly
4payment actually and timely paid, except insofar as the
5taxpayer has previously made payments for that month to the
6Department in excess of the minimum payments previously due as
7provided in this Section. The Department shall make reasonable
8rules and regulations to govern the quarter monthly payment
9amount and quarter monthly payment dates for taxpayers who file
10on other than a calendar monthly basis.
11    If any such payment provided for in this Section exceeds
12the taxpayer's liabilities under this Act, the Retailers'
13Occupation Tax Act, the Service Occupation Tax Act and the
14Service Use Tax Act, as shown by an original monthly return,
15the Department shall issue to the taxpayer a credit memorandum
16no later than 30 days after the date of payment, which
17memorandum may be submitted by the taxpayer to the Department
18in payment of tax liability subsequently to be remitted by the
19taxpayer to the Department or be assigned by the taxpayer to a
20similar taxpayer under this Act, the Retailers' Occupation Tax
21Act, the Service Occupation Tax Act or the Service Use Tax Act,
22in accordance with reasonable rules and regulations to be
23prescribed by the Department, except that if such excess
24payment is shown on an original monthly return and is made
25after December 31, 1986, no credit memorandum shall be issued,
26unless requested by the taxpayer. If no such request is made,

 

 

HB5447 Enrolled- 506 -LRB100 16294 AMC 31417 b

1the taxpayer may credit such excess payment against tax
2liability subsequently to be remitted by the taxpayer to the
3Department under this Act, the Retailers' Occupation Tax Act,
4the Service Occupation Tax Act or the Service Use Tax Act, in
5accordance with reasonable rules and regulations prescribed by
6the Department. If the Department subsequently determines that
7all or any part of the credit taken was not actually due to the
8taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall
9be reduced by 2.1% or 1.75% of the difference between the
10credit taken and that actually due, and the taxpayer shall be
11liable for penalties and interest on such difference.
12    If the retailer is otherwise required to file a monthly
13return and if the retailer's average monthly tax liability to
14the Department does not exceed $200, the Department may
15authorize his returns to be filed on a quarter annual basis,
16with the return for January, February, and March of a given
17year being due by April 20 of such year; with the return for
18April, May and June of a given year being due by July 20 of such
19year; with the return for July, August and September of a given
20year being due by October 20 of such year, and with the return
21for October, November and December of a given year being due by
22January 20 of the following year.
23    If the retailer is otherwise required to file a monthly or
24quarterly return and if the retailer's average monthly tax
25liability to the Department does not exceed $50, the Department
26may authorize his returns to be filed on an annual basis, with

 

 

HB5447 Enrolled- 507 -LRB100 16294 AMC 31417 b

1the return for a given year being due by January 20 of the
2following year.
3    Such quarter annual and annual returns, as to form and
4substance, shall be subject to the same requirements as monthly
5returns.
6    Notwithstanding any other provision in this Act concerning
7the time within which a retailer may file his return, in the
8case of any retailer who ceases to engage in a kind of business
9which makes him responsible for filing returns under this Act,
10such retailer shall file a final return under this Act with the
11Department not more than one month after discontinuing such
12business.
13    In addition, with respect to motor vehicles, watercraft,
14aircraft, and trailers that are required to be registered with
15an agency of this State, every retailer selling this kind of
16tangible personal property shall file, with the Department,
17upon a form to be prescribed and supplied by the Department, a
18separate return for each such item of tangible personal
19property which the retailer sells, except that if, in the same
20transaction, (i) a retailer of aircraft, watercraft, motor
21vehicles or trailers transfers more than one aircraft,
22watercraft, motor vehicle or trailer to another aircraft,
23watercraft, motor vehicle or trailer retailer for the purpose
24of resale or (ii) a retailer of aircraft, watercraft, motor
25vehicles, or trailers transfers more than one aircraft,
26watercraft, motor vehicle, or trailer to a purchaser for use as

 

 

HB5447 Enrolled- 508 -LRB100 16294 AMC 31417 b

1a qualifying rolling stock as provided in Section 3-55 of this
2Act, then that seller may report the transfer of all the
3aircraft, watercraft, motor vehicles or trailers involved in
4that transaction to the Department on the same uniform
5invoice-transaction reporting return form. For purposes of
6this Section, "watercraft" means a Class 2, Class 3, or Class 4
7watercraft as defined in Section 3-2 of the Boat Registration
8and Safety Act, a personal watercraft, or any boat equipped
9with an inboard motor.
10    The transaction reporting return in the case of motor
11vehicles or trailers that are required to be registered with an
12agency of this State, shall be the same document as the Uniform
13Invoice referred to in Section 5-402 of the Illinois Vehicle
14Code and must show the name and address of the seller; the name
15and address of the purchaser; the amount of the selling price
16including the amount allowed by the retailer for traded-in
17property, if any; the amount allowed by the retailer for the
18traded-in tangible personal property, if any, to the extent to
19which Section 2 of this Act allows an exemption for the value
20of traded-in property; the balance payable after deducting such
21trade-in allowance from the total selling price; the amount of
22tax due from the retailer with respect to such transaction; the
23amount of tax collected from the purchaser by the retailer on
24such transaction (or satisfactory evidence that such tax is not
25due in that particular instance, if that is claimed to be the
26fact); the place and date of the sale; a sufficient

 

 

HB5447 Enrolled- 509 -LRB100 16294 AMC 31417 b

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

 

 

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1Department by way of the State agency with which, or State
2officer with whom, the tangible personal property must be
3titled or registered (if titling or registration is required)
4if the Department and such agency or State officer determine
5that this procedure will expedite the processing of
6applications for title or registration.
7    With each such transaction reporting return, the retailer
8shall remit the proper amount of tax due (or shall submit
9satisfactory evidence that the sale is not taxable if that is
10the case), to the Department or its agents, whereupon the
11Department shall issue, in the purchaser's name, a tax receipt
12(or a certificate of exemption if the Department is satisfied
13that the particular sale is tax exempt) which such purchaser
14may submit to the agency with which, or State officer with
15whom, he must title or register the tangible personal property
16that is involved (if titling or registration is required) in
17support of such purchaser's application for an Illinois
18certificate or other evidence of title or registration to such
19tangible personal property.
20    No retailer's failure or refusal to remit tax under this
21Act precludes a user, who has paid the proper tax to the
22retailer, from obtaining his certificate of title or other
23evidence of title or registration (if titling or registration
24is required) upon satisfying the Department that such user has
25paid the proper tax (if tax is due) to the retailer. The
26Department shall adopt appropriate rules to carry out the

 

 

HB5447 Enrolled- 511 -LRB100 16294 AMC 31417 b

1mandate of this paragraph.
2    If the user who would otherwise pay tax to the retailer
3wants the transaction reporting return filed and the payment of
4tax or proof of exemption made to the Department before the
5retailer is willing to take these actions and such user has not
6paid the tax to the retailer, such user may certify to the fact
7of such delay by the retailer, and may (upon the Department
8being satisfied of the truth of such certification) transmit
9the information required by the transaction reporting return
10and the remittance for tax or proof of exemption directly to
11the Department and obtain his tax receipt or exemption
12determination, in which event the transaction reporting return
13and tax remittance (if a tax payment was required) shall be
14credited by the Department to the proper retailer's account
15with the Department, but without the 2.1% or 1.75% discount
16provided for in this Section being allowed. When the user pays
17the tax directly to the Department, he shall pay the tax in the
18same amount and in the same form in which it would be remitted
19if the tax had been remitted to the Department by the retailer.
20    Where a retailer collects the tax with respect to the
21selling price of tangible personal property which he sells and
22the purchaser thereafter returns such tangible personal
23property and the retailer refunds the selling price thereof to
24the purchaser, such retailer shall also refund, to the
25purchaser, the tax so collected from the purchaser. When filing
26his return for the period in which he refunds such tax to the

 

 

HB5447 Enrolled- 512 -LRB100 16294 AMC 31417 b

1purchaser, the retailer may deduct the amount of the tax so
2refunded by him to the purchaser from any other use tax which
3such retailer may be required to pay or remit to the
4Department, as shown by such return, if the amount of the tax
5to be deducted was previously remitted to the Department by
6such retailer. If the retailer has not previously remitted the
7amount of such tax to the Department, he is entitled to no
8deduction under this Act upon refunding such tax to the
9purchaser.
10    Any retailer filing a return under this Section shall also
11include (for the purpose of paying tax thereon) the total tax
12covered by such return upon the selling price of tangible
13personal property purchased by him at retail from a retailer,
14but as to which the tax imposed by this Act was not collected
15from the retailer filing such return, and such retailer shall
16remit the amount of such tax to the Department when filing such
17return.
18    If experience indicates such action to be practicable, the
19Department may prescribe and furnish a combination or joint
20return which will enable retailers, who are required to file
21returns hereunder and also under the Retailers' Occupation Tax
22Act, to furnish all the return information required by both
23Acts on the one form.
24    Where the retailer has more than one business registered
25with the Department under separate registration under this Act,
26such retailer may not file each return that is due as a single

 

 

HB5447 Enrolled- 513 -LRB100 16294 AMC 31417 b

1return covering all such registered businesses, but shall file
2separate returns for each such registered business.
3    Beginning January 1, 1990, each month the Department shall
4pay into the State and Local Sales Tax Reform Fund, a special
5fund in the State Treasury which is hereby created, the net
6revenue realized for the preceding month from the 1% tax on
7sales of food for human consumption which is to be consumed off
8the premises where it is sold (other than alcoholic beverages,
9soft drinks and food which has been prepared for immediate
10consumption) and prescription and nonprescription medicines,
11drugs, medical appliances, products classified as Class III
12medical devices by the United States Food and Drug
13Administration that are used for cancer treatment pursuant to a
14prescription, as well as any accessories and components related
15to those devices, and insulin, urine testing materials,
16syringes and needles used by diabetics.
17    Beginning January 1, 1990, each month the Department shall
18pay into the County and Mass Transit District Fund 4% of the
19net revenue realized for the preceding month from the 6.25%
20general rate on the selling price of tangible personal property
21which is purchased outside Illinois at retail from a retailer
22and which is titled or registered by an agency of this State's
23government.
24    Beginning January 1, 1990, each month the Department shall
25pay into the State and Local Sales Tax Reform Fund, a special
26fund in the State Treasury, 20% of the net revenue realized for

 

 

HB5447 Enrolled- 514 -LRB100 16294 AMC 31417 b

1the preceding month from the 6.25% general rate on the selling
2price of tangible personal property, other than tangible
3personal property which is purchased outside Illinois at retail
4from a retailer and which is titled or registered by an agency
5of this State's government.
6    Beginning August 1, 2000, each month the Department shall
7pay into the State and Local Sales Tax Reform Fund 100% of the
8net revenue realized for the preceding month from the 1.25%
9rate on the selling price of motor fuel and gasohol. Beginning
10September 1, 2010, each month the Department shall pay into the
11State and Local Sales Tax Reform Fund 100% of the net revenue
12realized for the preceding month from the 1.25% rate on the
13selling price of sales tax holiday items.
14    Beginning January 1, 1990, each month the Department shall
15pay into the Local Government Tax Fund 16% of the net revenue
16realized for the preceding month from the 6.25% general rate on
17the selling price of tangible personal property which is
18purchased outside Illinois at retail from a retailer and which
19is titled or registered by an agency of this State's
20government.
21    Beginning October 1, 2009, each month the Department shall
22pay into the Capital Projects Fund an amount that is equal to
23an amount estimated by the Department to represent 80% of the
24net revenue realized for the preceding month from the sale of
25candy, grooming and hygiene products, and soft drinks that had
26been taxed at a rate of 1% prior to September 1, 2009 but that

 

 

HB5447 Enrolled- 515 -LRB100 16294 AMC 31417 b

1are now taxed at 6.25%.
2    Beginning July 1, 2011, each month the Department shall pay
3into the Clean Air Act Permit Fund 80% of the net revenue
4realized for the preceding month from the 6.25% general rate on
5the selling price of sorbents used in Illinois in the process
6of sorbent injection as used to comply with the Environmental
7Protection Act or the federal Clean Air Act, but the total
8payment into the Clean Air Act Permit Fund under this Act and
9the Retailers' Occupation Tax Act shall not exceed $2,000,000
10in any fiscal year.
11    Beginning July 1, 2013, each month the Department shall pay
12into the Underground Storage Tank Fund from the proceeds
13collected under this Act, the Service Use Tax Act, the Service
14Occupation Tax Act, and the Retailers' Occupation Tax Act an
15amount equal to the average monthly deficit in the Underground
16Storage Tank Fund during the prior year, as certified annually
17by the Illinois Environmental Protection Agency, but the total
18payment into the Underground Storage Tank Fund under this Act,
19the Service Use Tax Act, the Service Occupation Tax Act, and
20the Retailers' Occupation Tax Act shall not exceed $18,000,000
21in any State fiscal year. As used in this paragraph, the
22"average monthly deficit" shall be equal to the difference
23between the average monthly claims for payment by the fund and
24the average monthly revenues deposited into the fund, excluding
25payments made pursuant to this paragraph.
26    Beginning July 1, 2015, of the remainder of the moneys

 

 

HB5447 Enrolled- 516 -LRB100 16294 AMC 31417 b

1received by the Department under this Act, the Service Use Tax
2Act, the Service Occupation Tax Act, and the Retailers'
3Occupation Tax Act, each month the Department shall deposit
4$500,000 into the State Crime Laboratory Fund.
5    Of the remainder of the moneys received by the Department
6pursuant to this Act, (a) 1.75% thereof shall be paid into the
7Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
8and after July 1, 1989, 3.8% thereof shall be paid into the
9Build Illinois Fund; provided, however, that if in any fiscal
10year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
11may be, of the moneys received by the Department and required
12to be paid into the Build Illinois Fund pursuant to Section 3
13of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
14Act, Section 9 of the Service Use Tax Act, and Section 9 of the
15Service Occupation Tax Act, such Acts being hereinafter called
16the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
17may be, of moneys being hereinafter called the "Tax Act
18Amount", and (2) the amount transferred to the Build Illinois
19Fund from the State and Local Sales Tax Reform Fund shall be
20less than the Annual Specified Amount (as defined in Section 3
21of the Retailers' Occupation Tax Act), an amount equal to the
22difference shall be immediately paid into the Build Illinois
23Fund from other moneys received by the Department pursuant to
24the Tax Acts; and further provided, that if on the last
25business day of any month the sum of (1) the Tax Act Amount
26required to be deposited into the Build Illinois Bond Account

 

 

HB5447 Enrolled- 517 -LRB100 16294 AMC 31417 b

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

 

 

HB5447 Enrolled- 518 -LRB100 16294 AMC 31417 b

1aggregate of the moneys deposited in the Build Illinois Bond
2Account in the Build Illinois Fund in such month shall be less
3than the amount required to be transferred in such month from
4the Build Illinois Bond Account to the Build Illinois Bond
5Retirement and Interest Fund pursuant to Section 13 of the
6Build Illinois Bond Act, an amount equal to such deficiency
7shall be immediately paid from other moneys received by the
8Department pursuant to the Tax Acts to the Build Illinois Fund;
9provided, however, that any amounts paid to the Build Illinois
10Fund in any fiscal year pursuant to this sentence shall be
11deemed to constitute payments pursuant to clause (b) of the
12preceding sentence and shall reduce the amount otherwise
13payable for such fiscal year pursuant to clause (b) of the
14preceding sentence. The moneys received by the Department
15pursuant to this Act and required to be deposited into the
16Build Illinois Fund are subject to the pledge, claim and charge
17set forth in Section 12 of the Build Illinois Bond Act.
18    Subject to payment of amounts into the Build Illinois Fund
19as provided in the preceding paragraph or in any amendment
20thereto hereafter enacted, the following specified monthly
21installment of the amount requested in the certificate of the
22Chairman of the Metropolitan Pier and Exposition Authority
23provided under Section 8.25f of the State Finance Act, but not
24in excess of the sums designated as "Total Deposit", shall be
25deposited in the aggregate from collections under Section 9 of
26the Use Tax Act, Section 9 of the Service Use Tax Act, Section

 

 

HB5447 Enrolled- 519 -LRB100 16294 AMC 31417 b

19 of the Service Occupation Tax Act, and Section 3 of the
2Retailers' Occupation Tax Act into the McCormick Place
3Expansion Project Fund in the specified fiscal years.
4Fiscal YearTotal Deposit
51993         $0
61994 53,000,000
71995 58,000,000
81996 61,000,000
91997 64,000,000
101998 68,000,000
111999 71,000,000
122000 75,000,000
132001 80,000,000
142002 93,000,000
152003 99,000,000
162004103,000,000
172005108,000,000
182006113,000,000
192007119,000,000
202008126,000,000
212009132,000,000
222010139,000,000
232011146,000,000
242012153,000,000
252013161,000,000
262014170,000,000

 

 

HB5447 Enrolled- 520 -LRB100 16294 AMC 31417 b

12015179,000,000
22016189,000,000
32017199,000,000
42018210,000,000
52019221,000,000
62020233,000,000
72021246,000,000
82022260,000,000
92023275,000,000
102024 275,000,000
112025 275,000,000
122026 279,000,000
132027 292,000,000
142028 307,000,000
152029 322,000,000
162030 338,000,000
172031 350,000,000
182032 350,000,000
19and
20each fiscal year
21thereafter that bonds
22are outstanding under
23Section 13.2 of the
24Metropolitan Pier and
25Exposition Authority Act,
26but not after fiscal year 2060.

 

 

HB5447 Enrolled- 521 -LRB100 16294 AMC 31417 b

1    Beginning July 20, 1993 and in each month of each fiscal
2year thereafter, one-eighth of the amount requested in the
3certificate of the Chairman of the Metropolitan Pier and
4Exposition Authority for that fiscal year, less the amount
5deposited into the McCormick Place Expansion Project Fund by
6the State Treasurer in the respective month under subsection
7(g) of Section 13 of the Metropolitan Pier and Exposition
8Authority Act, plus cumulative deficiencies in the deposits
9required under this Section for previous months and years,
10shall be deposited into the McCormick Place Expansion Project
11Fund, until the full amount requested for the fiscal year, but
12not in excess of the amount specified above as "Total Deposit",
13has been deposited.
14    Subject to payment of amounts into the Build Illinois Fund
15and the McCormick Place Expansion Project Fund pursuant to the
16preceding paragraphs or in any amendments thereto hereafter
17enacted, beginning July 1, 1993 and ending on September 30,
182013, the Department shall each month pay into the Illinois Tax
19Increment Fund 0.27% of 80% of the net revenue realized for the
20preceding month from the 6.25% general rate on the selling
21price of tangible personal property.
22    Subject to payment of amounts into the Build Illinois Fund
23and the McCormick Place Expansion Project Fund pursuant to the
24preceding paragraphs or in any amendments thereto hereafter
25enacted, beginning with the receipt of the first report of
26taxes paid by an eligible business and continuing for a 25-year

 

 

HB5447 Enrolled- 522 -LRB100 16294 AMC 31417 b

1period, the Department shall each month pay into the Energy
2Infrastructure Fund 80% of the net revenue realized from the
36.25% general rate on the selling price of Illinois-mined coal
4that was sold to an eligible business. For purposes of this
5paragraph, the term "eligible business" means a new electric
6generating facility certified pursuant to Section 605-332 of
7the Department of Commerce and Economic Opportunity Law of the
8Civil Administrative Code of Illinois.
9    Subject to payment of amounts into the Build Illinois Fund,
10the McCormick Place Expansion Project Fund, the Illinois Tax
11Increment Fund, and the Energy Infrastructure Fund pursuant to
12the preceding paragraphs or in any amendments to this Section
13hereafter enacted, beginning on the first day of the first
14calendar month to occur on or after August 26, 2014 (the
15effective date of Public Act 98-1098), each month, from the
16collections made under Section 9 of the Use Tax Act, Section 9
17of the Service Use Tax Act, Section 9 of the Service Occupation
18Tax Act, and Section 3 of the Retailers' Occupation Tax Act,
19the Department shall pay into the Tax Compliance and
20Administration Fund, to be used, subject to appropriation, to
21fund additional auditors and compliance personnel at the
22Department of Revenue, an amount equal to 1/12 of 5% of 80% of
23the cash receipts collected during the preceding fiscal year by
24the Audit Bureau of the Department under the Use Tax Act, the
25Service Use Tax Act, the Service Occupation Tax Act, the
26Retailers' Occupation Tax Act, and associated local occupation

 

 

HB5447 Enrolled- 523 -LRB100 16294 AMC 31417 b

1and use taxes administered by the Department.
2    Subject to payments of amounts into the Build Illinois
3Fund, the McCormick Place Expansion Project Fund, the Illinois
4Tax Increment Fund, the Energy Infrastructure Fund, and the Tax
5Compliance and Administration Fund as provided in this Section,
6beginning on July 1, 2018 the Department shall pay each month
7into the Downstate Public Transportation Fund the moneys
8required to be so paid under Section 2-3 of the Downstate
9Public Transportation Act.
10    Of the remainder of the moneys received by the Department
11pursuant to this Act, 75% thereof shall be paid into the State
12Treasury and 25% shall be reserved in a special account and
13used only for the transfer to the Common School Fund as part of
14the monthly transfer from the General Revenue Fund in
15accordance with Section 8a of the State Finance Act.
16    As soon as possible after the first day of each month, upon
17certification of the Department of Revenue, the Comptroller
18shall order transferred and the Treasurer shall transfer from
19the General Revenue Fund to the Motor Fuel Tax Fund an amount
20equal to 1.7% of 80% of the net revenue realized under this Act
21for the second preceding month. Beginning April 1, 2000, this
22transfer is no longer required and shall not be made.
23    Net revenue realized for a month shall be the revenue
24collected by the State pursuant to this Act, less the amount
25paid out during that month as refunds to taxpayers for
26overpayment of liability.

 

 

HB5447 Enrolled- 524 -LRB100 16294 AMC 31417 b

1    For greater simplicity of administration, manufacturers,
2importers and wholesalers whose products are sold at retail in
3Illinois by numerous retailers, and who wish to do so, may
4assume the responsibility for accounting and paying to the
5Department all tax accruing under this Act with respect to such
6sales, if the retailers who are affected do not make written
7objection to the Department to this arrangement.
8(Source: P.A. 99-352, eff. 8-12-15; 99-858, eff. 8-19-16;
999-933, eff. 1-27-17; 100-303, eff. 8-24-17; 100-363, eff.
107-1-18; revised 10-20-17.)
 
11    Section 205. The Service Use Tax Act is amended by changing
12Sections 2 and 9 as follows:
 
13    (35 ILCS 110/2)  (from Ch. 120, par. 439.32)
14    Sec. 2. Definitions. In this Act:
15    "Use" means the exercise by any person of any right or
16power over tangible personal property incident to the ownership
17of that property, but does not include the sale or use for
18demonstration by him of that property in any form as tangible
19personal property in the regular course of business. "Use" does
20not mean the interim use of tangible personal property nor the
21physical incorporation of tangible personal property, as an
22ingredient or constituent, into other tangible personal
23property, (a) which is sold in the regular course of business
24or (b) which the person incorporating such ingredient or

 

 

HB5447 Enrolled- 525 -LRB100 16294 AMC 31417 b

1constituent therein has undertaken at the time of such purchase
2to cause to be transported in interstate commerce to
3destinations outside the State of Illinois.
4    "Purchased from a serviceman" means the acquisition of the
5ownership of, or title to, tangible personal property through a
6sale of service.
7    "Purchaser" means any person who, through a sale of
8service, acquires the ownership of, or title to, any tangible
9personal property.
10    "Cost price" means the consideration paid by the serviceman
11for a purchase valued in money, whether paid in money or
12otherwise, including cash, credits and services, and shall be
13determined without any deduction on account of the supplier's
14cost of the property sold or on account of any other expense
15incurred by the supplier. When a serviceman contracts out part
16or all of the services required in his sale of service, it
17shall be presumed that the cost price to the serviceman of the
18property transferred to him or her by his or her subcontractor
19is equal to 50% of the subcontractor's charges to the
20serviceman in the absence of proof of the consideration paid by
21the subcontractor for the purchase of such property.
22    "Selling price" means the consideration for a sale valued
23in money whether received in money or otherwise, including
24cash, credits and service, and shall be determined without any
25deduction on account of the serviceman's cost of the property
26sold, the cost of materials used, labor or service cost or any

 

 

HB5447 Enrolled- 526 -LRB100 16294 AMC 31417 b

1other expense whatsoever, but does not include interest or
2finance charges which appear as separate items on the bill of
3sale or sales contract nor charges that are added to prices by
4sellers on account of the seller's duty to collect, from the
5purchaser, the tax that is imposed by this Act.
6    "Department" means the Department of Revenue.
7    "Person" means any natural individual, firm, partnership,
8association, joint stock company, joint venture, public or
9private corporation, limited liability company, and any
10receiver, executor, trustee, guardian or other representative
11appointed by order of any court.
12    "Sale of service" means any transaction except:
13        (1) a retail sale of tangible personal property taxable
14    under the Retailers' Occupation Tax Act or under the Use
15    Tax Act.
16        (2) a sale of tangible personal property for the
17    purpose of resale made in compliance with Section 2c of the
18    Retailers' Occupation Tax Act.
19        (3) except as hereinafter provided, a sale or transfer
20    of tangible personal property as an incident to the
21    rendering of service for or by any governmental body, or
22    for or by any corporation, society, association,
23    foundation or institution organized and operated
24    exclusively for charitable, religious or educational
25    purposes or any not-for-profit corporation, society,
26    association, foundation, institution or organization which

 

 

HB5447 Enrolled- 527 -LRB100 16294 AMC 31417 b

1    has no compensated officers or employees and which is
2    organized and operated primarily for the recreation of
3    persons 55 years of age or older. A limited liability
4    company may qualify for the exemption under this paragraph
5    only if the limited liability company is organized and
6    operated exclusively for educational purposes.
7        (4) (blank).
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 and through June 30,
19    2004, a sale or transfer of a motor vehicle of the second
20    division with a gross vehicle weight in excess of 8,000
21    pounds as an incident to the rendering of service if that
22    motor vehicle is subject to the commercial distribution fee
23    imposed under Section 3-815.1 of the Illinois Vehicle Code.
24    Beginning on July 1, 2004 and through June 30, 2005, the
25    use in this State of motor vehicles of the second division:
26    (i) with a gross vehicle weight rating in excess of 8,000

 

 

HB5447 Enrolled- 528 -LRB100 16294 AMC 31417 b

1    pounds; (ii) that are subject to the commercial
2    distribution fee imposed under Section 3-815.1 of the
3    Illinois Vehicle Code; and (iii) that are primarily used
4    for commercial purposes. Through June 30, 2005, this
5    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
8    the rolling stock exemption otherwise provided for in this
9    Act. For purposes of this paragraph, "used for commercial
10    purposes" means the transportation of persons or property
11    in furtherance of any commercial or industrial enterprise
12    whether for-hire or not.
13        (5) a sale or transfer of machinery and equipment used
14    primarily in the process of the manufacturing or
15    assembling, either in an existing, an expanded or a new
16    manufacturing facility, of tangible personal property for
17    wholesale or retail sale or lease, whether such sale or
18    lease is made directly by the manufacturer or by some other
19    person, whether the materials used in the process are owned
20    by the manufacturer or some other person, or whether such
21    sale or lease is made apart from or as an incident to the
22    seller's engaging in a service occupation and the
23    applicable tax is a Service Use Tax or Service Occupation
24    Tax, rather than Use Tax or Retailers' Occupation Tax. The
25    exemption provided by this paragraph (5) does not include
26    machinery and equipment used in (i) the generation of

 

 

HB5447 Enrolled- 529 -LRB100 16294 AMC 31417 b

1    electricity for wholesale or retail sale; (ii) the
2    generation or treatment of natural or artificial gas for
3    wholesale or retail sale that is delivered to customers
4    through pipes, pipelines, or mains; or (iii) the treatment
5    of water for wholesale or retail sale that is delivered to
6    customers through pipes, pipelines, or mains. The
7    provisions of Public Act 98-583 this amendatory Act of the
8    98th General Assembly are declaratory of existing law as to
9    the meaning and scope of this exemption. The exemption
10    under this paragraph (5) is exempt from the provisions of
11    Section 3-75.
12        (5a) the repairing, reconditioning or remodeling, for
13    a common carrier by rail, of tangible personal property
14    which belongs to such carrier for hire, and as to which
15    such carrier receives the physical possession of the
16    repaired, reconditioned or remodeled item of tangible
17    personal property in Illinois, and which such carrier
18    transports, or shares with another common carrier in the
19    transportation of such property, out of Illinois on a
20    standard uniform bill of lading showing the person who
21    repaired, reconditioned or remodeled the property to a
22    destination outside Illinois, for use outside Illinois.
23        (5b) a sale or transfer of tangible personal property
24    which is produced by the seller thereof on special order in
25    such a way as to have made the applicable tax the Service
26    Occupation Tax or the Service Use Tax, rather than the

 

 

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1    Retailers' Occupation Tax or the Use Tax, for an interstate
2    carrier by rail which receives the physical possession of
3    such property in Illinois, and which transports such
4    property, or shares with another common carrier in the
5    transportation of such property, out of Illinois on a
6    standard uniform bill of lading showing the seller of the
7    property as the shipper or consignor of such property to a
8    destination outside Illinois, for use outside Illinois.
9        (6) until July 1, 2003, a sale or transfer of
10    distillation machinery and equipment, sold as a unit or kit
11    and assembled or installed by the retailer, which machinery
12    and equipment is certified by the user to be used only for
13    the production of ethyl alcohol that will be used for
14    consumption as motor fuel or as a component of motor fuel
15    for the personal use of such user and not subject to sale
16    or resale.
17        (7) at the election of any serviceman not required to
18    be otherwise registered as a retailer under Section 2a of
19    the Retailers' Occupation Tax Act, made for each fiscal
20    year sales of service in which the aggregate annual cost
21    price of tangible personal property transferred as an
22    incident to the sales of service is less than 35%, or 75%
23    in the case of servicemen transferring prescription drugs
24    or servicemen engaged in graphic arts production, of the
25    aggregate annual total gross receipts from all sales of
26    service. The purchase of such tangible personal property by

 

 

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1    the serviceman shall be subject to tax under the Retailers'
2    Occupation Tax Act and the Use Tax Act. However, if a
3    primary serviceman who has made the election described in
4    this paragraph subcontracts service work to a secondary
5    serviceman who has also made the election described in this
6    paragraph, the primary serviceman does not incur a Use Tax
7    liability if the secondary serviceman (i) has paid or will
8    pay Use Tax on his or her cost price of any tangible
9    personal property transferred to the primary serviceman
10    and (ii) certifies that fact in writing to the primary
11    serviceman.
12    Tangible personal property transferred incident to the
13completion of a maintenance agreement is exempt from the tax
14imposed pursuant to this Act.
15    Exemption (5) also includes machinery and equipment used in
16the general maintenance or repair of such exempt machinery and
17equipment or for in-house manufacture of exempt machinery and
18equipment. On and after July 1, 2017, exemption (5) also
19includes graphic arts machinery and equipment, as defined in
20paragraph (5) of Section 3-5. The machinery and equipment
21exemption does not include machinery and equipment used in (i)
22the generation of electricity for wholesale or retail sale;
23(ii) the generation or treatment of natural or artificial gas
24for wholesale or retail sale that is delivered to customers
25through pipes, pipelines, or mains; or (iii) the treatment of
26water for wholesale or retail sale that is delivered to

 

 

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1customers through pipes, pipelines, or mains. The provisions of
2Public Act 98-583 this amendatory Act of the 98th General
3Assembly are declaratory of existing law as to the meaning and
4scope of this exemption. For the purposes of exemption (5),
5each of these terms shall have the following meanings: (1)
6"manufacturing process" shall mean the production of any
7article of tangible personal property, whether such article is
8a finished product or an article for use in the process of
9manufacturing or assembling a different article of tangible
10personal property, by procedures commonly regarded as
11manufacturing, processing, fabricating, or refining which
12changes some existing material or materials into a material
13with a different form, use or name. In relation to a recognized
14integrated business composed of a series of operations which
15collectively constitute manufacturing, or individually
16constitute manufacturing operations, the manufacturing process
17shall be deemed to commence with the first operation or stage
18of production in the series, and shall not be deemed to end
19until the completion of the final product in the last operation
20or stage of production in the series; and further, for purposes
21of exemption (5), photoprocessing is deemed to be a
22manufacturing process of tangible personal property for
23wholesale or retail sale; (2) "assembling process" shall mean
24the production of any article of tangible personal property,
25whether such article is a finished product or an article for
26use in the process of manufacturing or assembling a different

 

 

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

 

 

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1the Department for inspection or audit. The Department shall
2prescribe the form of the certificate.
3    Any informal rulings, opinions or letters issued by the
4Department in response to an inquiry or request for any opinion
5from any person regarding the coverage and applicability of
6exemption (5) to specific devices shall be published,
7maintained as a public record, and made available for public
8inspection and copying. If the informal ruling, opinion or
9letter contains trade secrets or other confidential
10information, where possible the Department shall delete such
11information prior to publication. Whenever such informal
12rulings, opinions, or letters contain any policy of general
13applicability, the Department shall formulate and adopt such
14policy as a rule in accordance with the provisions of the
15Illinois Administrative Procedure Act.
16    On and after July 1, 1987, no entity otherwise eligible
17under exemption (3) of this Section shall make tax-free tax
18free purchases unless it has an active exemption identification
19number issued by the Department.
20    The purchase, employment and transfer of such tangible
21personal property as newsprint and ink for the primary purpose
22of conveying news (with or without other information) is not a
23purchase, use or sale of service or of tangible personal
24property within the meaning of this Act.
25    "Serviceman" means any person who is engaged in the
26occupation of making sales of service.

 

 

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1    "Sale at retail" means "sale at retail" as defined in the
2Retailers' Occupation Tax Act.
3    "Supplier" means any person who makes sales of tangible
4personal property to servicemen for the purpose of resale as an
5incident to a sale of service.
6    "Serviceman maintaining a place of business in this State",
7or any like term, means and includes any serviceman:
8        1. having or maintaining within this State, directly or
9    by a subsidiary, an office, distribution house, sales
10    house, warehouse or other place of business, or any agent
11    or other representative operating within this State under
12    the authority of the serviceman or its subsidiary,
13    irrespective of whether such place of business or agent or
14    other representative is located here permanently or
15    temporarily, or whether such serviceman or subsidiary is
16    licensed to do business in this State;
17        1.1. having a contract with a person located in this
18    State under which the person, for a commission or other
19    consideration based on the sale of service by the
20    serviceman, directly or indirectly refers potential
21    customers to the serviceman by providing to the potential
22    customers a promotional code or other mechanism that allows
23    the serviceman to track purchases referred by such persons.
24    Examples of mechanisms that allow the serviceman to track
25    purchases referred by such persons include but are not
26    limited to the use of a link on the person's Internet

 

 

HB5447 Enrolled- 536 -LRB100 16294 AMC 31417 b

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

 

 

HB5447 Enrolled- 537 -LRB100 16294 AMC 31417 b

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

 

 

HB5447 Enrolled- 538 -LRB100 16294 AMC 31417 b

1    the same or similar line of business in this State;
2        6. having a franchisee or licensee operating under its
3    trade name if the franchisee or licensee is required to
4    collect the tax under this Section;
5        7. pursuant to a contract with a cable television
6    operator located in this State, soliciting orders for
7    tangible personal property by means of advertising which is
8    transmitted or distributed over a cable television system
9    in this State; or
10        8. engaging in activities in Illinois, which
11    activities in the state in which the supply business
12    engaging in such activities is located would constitute
13    maintaining a place of business in that state.
14(Source: P.A. 100-22, eff. 7-6-17; 100-321, eff. 8-24-17;
15revised 9-27-17.)
 
16    (35 ILCS 110/9)  (from Ch. 120, par. 439.39)
17    (Text of Section before amendment by P.A. 100-363)
18    Sec. 9. Each serviceman required or authorized to collect
19the tax herein imposed shall pay to the Department the amount
20of such tax (except as otherwise provided) at the time when he
21is required to file his return for the period during which such
22tax was collected, less a discount of 2.1% prior to January 1,
231990 and 1.75% on and after January 1, 1990, or $5 per calendar
24year, whichever is greater, which is allowed to reimburse the
25serviceman for expenses incurred in collecting the tax, keeping

 

 

HB5447 Enrolled- 539 -LRB100 16294 AMC 31417 b

1records, preparing and filing returns, remitting the tax and
2supplying data to the Department on request. The discount
3allowed under this Section is allowed only for returns that are
4filed in the manner required by this Act. The Department may
5disallow the discount for servicemen whose certificate of
6registration is revoked at the time the return is filed, but
7only if the Department's decision to revoke the certificate of
8registration has become final. A serviceman need not remit that
9part of any tax collected by him to the extent that he is
10required to pay and does pay the tax imposed by the Service
11Occupation Tax Act with respect to his sale of service
12involving the incidental transfer by him of the same property.
13    Except as provided hereinafter in this Section, on or
14before the twentieth day of each calendar month, such
15serviceman shall file a return for the preceding calendar month
16in accordance with reasonable Rules and Regulations to be
17promulgated by the Department. Such return shall be filed on a
18form prescribed by the Department and shall contain such
19information as the Department may reasonably require. On and
20after January 1, 2018, with respect to servicemen whose annual
21gross receipts average $20,000 or more, all returns required to
22be filed pursuant to this Act shall be filed electronically.
23Servicemen who demonstrate that they do not have access to the
24Internet or demonstrate hardship in filing electronically may
25petition the Department to waive the electronic filing
26requirement.

 

 

HB5447 Enrolled- 540 -LRB100 16294 AMC 31417 b

1    The Department may require returns to be filed on a
2quarterly basis. If so required, a return for each calendar
3quarter shall be filed on or before the twentieth day of the
4calendar month following the end of such calendar quarter. The
5taxpayer shall also file a return with the Department for each
6of the first two months of each calendar quarter, on or before
7the twentieth day of the following calendar month, stating:
8        1. The name of the seller;
9        2. The address of the principal place of business from
10    which he engages in business as a serviceman in this State;
11        3. The total amount of taxable receipts received by him
12    during the preceding calendar month, including receipts
13    from charge and time sales, but less all deductions allowed
14    by law;
15        4. The amount of credit provided in Section 2d of this
16    Act;
17        5. The amount of tax due;
18        5-5. The signature of the taxpayer; and
19        6. Such other reasonable information as the Department
20    may require.
21    If a taxpayer fails to sign a return within 30 days after
22the proper notice and demand for signature by the Department,
23the return shall be considered valid and any amount shown to be
24due on the return shall be deemed assessed.
25    Beginning October 1, 1993, a taxpayer who has an average
26monthly tax liability of $150,000 or more shall make all

 

 

HB5447 Enrolled- 541 -LRB100 16294 AMC 31417 b

1payments required by rules of the Department by electronic
2funds transfer. Beginning October 1, 1994, a taxpayer who has
3an average monthly tax liability of $100,000 or more shall make
4all payments required by rules of the Department by electronic
5funds transfer. Beginning October 1, 1995, a taxpayer who has
6an average monthly tax liability of $50,000 or more shall make
7all payments required by rules of the Department by electronic
8funds transfer. Beginning October 1, 2000, a taxpayer who has
9an annual tax liability of $200,000 or more shall make all
10payments required by rules of the Department by electronic
11funds transfer. The term "annual tax liability" shall be the
12sum of the taxpayer's liabilities under this Act, and under all
13other State and local occupation and use tax laws administered
14by the Department, for the immediately preceding calendar year.
15The term "average monthly tax liability" means the sum of the
16taxpayer's liabilities under this Act, and under all other
17State and local occupation and use tax laws administered by the
18Department, for the immediately preceding calendar year
19divided by 12. Beginning on October 1, 2002, a taxpayer who has
20a tax liability in the amount set forth in subsection (b) of
21Section 2505-210 of the Department of Revenue Law shall make
22all payments required by rules of the Department by electronic
23funds transfer.
24    Before August 1 of each year beginning in 1993, the
25Department shall notify all taxpayers required to make payments
26by electronic funds transfer. All taxpayers required to make

 

 

HB5447 Enrolled- 542 -LRB100 16294 AMC 31417 b

1payments by electronic funds transfer shall make those payments
2for a minimum of one year beginning on October 1.
3    Any taxpayer not required to make payments by electronic
4funds transfer may make payments by electronic funds transfer
5with the permission of the Department.
6    All taxpayers required to make payment by electronic funds
7transfer and any taxpayers authorized to voluntarily make
8payments by electronic funds transfer shall make those payments
9in the manner authorized by the Department.
10    The Department shall adopt such rules as are necessary to
11effectuate a program of electronic funds transfer and the
12requirements of this Section.
13    If the serviceman is otherwise required to file a monthly
14return and if the serviceman's average monthly tax liability to
15the Department does not exceed $200, the Department may
16authorize his returns to be filed on a quarter annual basis,
17with the return for January, February and March of a given year
18being due by April 20 of such year; with the return for April,
19May and June of a given year being due by July 20 of such year;
20with the return for July, August and September of a given year
21being due by October 20 of such year, and with the return for
22October, November and December of a given year being due by
23January 20 of the following year.
24    If the serviceman is otherwise required to file a monthly
25or quarterly return and if the serviceman's average monthly tax
26liability to the Department does not exceed $50, the Department

 

 

HB5447 Enrolled- 543 -LRB100 16294 AMC 31417 b

1may authorize his returns to be filed on an annual basis, with
2the return for a given year being due by January 20 of the
3following year.
4    Such quarter annual and annual returns, as to form and
5substance, shall be subject to the same requirements as monthly
6returns.
7    Notwithstanding any other provision in this Act concerning
8the time within which a serviceman may file his return, in the
9case of any serviceman who ceases to engage in a kind of
10business which makes him responsible for filing returns under
11this Act, such serviceman shall file a final return under this
12Act with the Department not more than 1 month after
13discontinuing such business.
14    Where a serviceman collects the tax with respect to the
15selling price of property which he sells and the purchaser
16thereafter returns such property and the serviceman refunds the
17selling price thereof to the purchaser, such serviceman shall
18also refund, to the purchaser, the tax so collected from the
19purchaser. When filing his return for the period in which he
20refunds such tax to the purchaser, the serviceman may deduct
21the amount of the tax so refunded by him to the purchaser from
22any other Service Use Tax, Service Occupation Tax, retailers'
23occupation tax or use tax which such serviceman may be required
24to pay or remit to the Department, as shown by such return,
25provided that the amount of the tax to be deducted shall
26previously have been remitted to the Department by such

 

 

HB5447 Enrolled- 544 -LRB100 16294 AMC 31417 b

1serviceman. If the serviceman shall not previously have
2remitted the amount of such tax to the Department, he shall be
3entitled to no deduction hereunder upon refunding such tax to
4the purchaser.
5    Any serviceman filing a return hereunder shall also include
6the total tax upon the selling price of tangible personal
7property purchased for use by him as an incident to a sale of
8service, and such serviceman shall remit the amount of such tax
9to the Department when filing such return.
10    If experience indicates such action to be practicable, the
11Department may prescribe and furnish a combination or joint
12return which will enable servicemen, who are required to file
13returns hereunder and also under the Service Occupation Tax
14Act, to furnish all the return information required by both
15Acts on the one form.
16    Where the serviceman has more than one business registered
17with the Department under separate registration hereunder,
18such serviceman shall not file each return that is due as a
19single return covering all such registered businesses, but
20shall file separate returns for each such registered business.
21    Beginning January 1, 1990, each month the Department shall
22pay into the State and Local Tax Reform Fund, a special fund in
23the State Treasury, the net revenue realized for the preceding
24month from the 1% tax on sales of food for human consumption
25which is to be consumed off the premises where it is sold
26(other than alcoholic beverages, soft drinks and food which has

 

 

HB5447 Enrolled- 545 -LRB100 16294 AMC 31417 b

1been prepared for immediate consumption) and prescription and
2nonprescription medicines, drugs, medical appliances, products
3classified as Class III medical devices, by the United States
4Food and Drug Administration that are used for cancer treatment
5pursuant to a prescription, as well as any accessories and
6components related to those devices, and insulin, urine testing
7materials, syringes and needles used by diabetics.
8    Beginning January 1, 1990, each month the Department shall
9pay into the State and Local Sales Tax Reform Fund 20% of the
10net revenue realized for the preceding month from the 6.25%
11general rate on transfers of tangible personal property, other
12than tangible personal property which is purchased outside
13Illinois at retail from a retailer and which is titled or
14registered by an agency of this State's government.
15    Beginning August 1, 2000, each month the Department shall
16pay into the State and Local Sales Tax Reform Fund 100% of the
17net revenue realized for the preceding month from the 1.25%
18rate on the selling price of motor fuel and gasohol.
19    Beginning October 1, 2009, each month the Department shall
20pay into the Capital Projects Fund an amount that is equal to
21an amount estimated by the Department to represent 80% of the
22net revenue realized for the preceding month from the sale of
23candy, grooming and hygiene products, and soft drinks that had
24been taxed at a rate of 1% prior to September 1, 2009 but that
25are now taxed at 6.25%.
26    Beginning July 1, 2013, each month the Department shall pay

 

 

HB5447 Enrolled- 546 -LRB100 16294 AMC 31417 b

1into the Underground Storage Tank Fund from the proceeds
2collected under this Act, the Use Tax Act, the Service
3Occupation Tax Act, and the Retailers' Occupation Tax Act an
4amount equal to the average monthly deficit in the Underground
5Storage Tank Fund during the prior year, as certified annually
6by the Illinois Environmental Protection Agency, but the total
7payment into the Underground Storage Tank Fund under this Act,
8the Use Tax Act, the Service Occupation Tax Act, and the
9Retailers' Occupation Tax Act shall not exceed $18,000,000 in
10any State fiscal year. As used in this paragraph, the "average
11monthly deficit" shall be equal to the difference between the
12average monthly claims for payment by the fund and the average
13monthly revenues deposited into the fund, excluding payments
14made pursuant to this paragraph.
15    Beginning July 1, 2015, of the remainder of the moneys
16received by the Department under the Use Tax Act, this Act, the
17Service Occupation Tax Act, and the Retailers' Occupation Tax
18Act, each month the Department shall deposit $500,000 into the
19State Crime Laboratory Fund.
20    Of the remainder of the moneys received by the Department
21pursuant to this Act, (a) 1.75% thereof shall be paid into the
22Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
23and after July 1, 1989, 3.8% thereof shall be paid into the
24Build Illinois Fund; provided, however, that if in any fiscal
25year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
26may be, of the moneys received by the Department and required

 

 

HB5447 Enrolled- 547 -LRB100 16294 AMC 31417 b

1to be paid into the Build Illinois Fund pursuant to Section 3
2of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
3Act, Section 9 of the Service Use Tax Act, and Section 9 of the
4Service Occupation Tax Act, such Acts being hereinafter called
5the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
6may be, of moneys being hereinafter called the "Tax Act
7Amount", and (2) the amount transferred to the Build Illinois
8Fund from the State and Local Sales Tax Reform Fund shall be
9less than the Annual Specified Amount (as defined in Section 3
10of the Retailers' Occupation Tax Act), an amount equal to the
11difference shall be immediately paid into the Build Illinois
12Fund from other moneys received by the Department pursuant to
13the Tax Acts; and further provided, that if on the last
14business day of any month the sum of (1) the Tax Act Amount
15required to be deposited into the Build Illinois Bond Account
16in the Build Illinois Fund during such month and (2) the amount
17transferred during such month to the Build Illinois Fund from
18the State and Local Sales Tax Reform Fund shall have been less
19than 1/12 of the Annual Specified Amount, an amount equal to
20the difference shall be immediately paid into the Build
21Illinois Fund from other moneys received by the Department
22pursuant to the Tax Acts; and, further provided, that in no
23event shall the payments required under the preceding proviso
24result in aggregate payments into the Build Illinois Fund
25pursuant to this clause (b) for any fiscal year in excess of
26the greater of (i) the Tax Act Amount or (ii) the Annual

 

 

HB5447 Enrolled- 548 -LRB100 16294 AMC 31417 b

1Specified Amount for such fiscal year; and, further provided,
2that the amounts payable into the Build Illinois Fund under
3this clause (b) shall be payable only until such time as the
4aggregate amount on deposit under each trust indenture securing
5Bonds issued and outstanding pursuant to the Build Illinois
6Bond Act is sufficient, taking into account any future
7investment income, to fully provide, in accordance with such
8indenture, for the defeasance of or the payment of the
9principal of, premium, if any, and interest on the Bonds
10secured by such indenture and on any Bonds expected to be
11issued thereafter and all fees and costs payable with respect
12thereto, all as certified by the Director of the Bureau of the
13Budget (now Governor's Office of Management and Budget). If on
14the last business day of any month in which Bonds are
15outstanding pursuant to the Build Illinois Bond Act, the
16aggregate of the moneys deposited in the Build Illinois Bond
17Account in the Build Illinois Fund in such month shall be less
18than the amount required to be transferred in such month from
19the Build Illinois Bond Account to the Build Illinois Bond
20Retirement and Interest Fund pursuant to Section 13 of the
21Build Illinois Bond Act, an amount equal to such deficiency
22shall be immediately paid from other moneys received by the
23Department pursuant to the Tax Acts to the Build Illinois Fund;
24provided, however, that any amounts paid to the Build Illinois
25Fund in any fiscal year pursuant to this sentence shall be
26deemed to constitute payments pursuant to clause (b) of the

 

 

HB5447 Enrolled- 549 -LRB100 16294 AMC 31417 b

1preceding sentence and shall reduce the amount otherwise
2payable for such fiscal year pursuant to clause (b) of the
3preceding sentence. The moneys received by the Department
4pursuant to this Act and required to be deposited into the
5Build Illinois Fund are subject to the pledge, claim and charge
6set forth in Section 12 of the Build Illinois Bond Act.
7    Subject to payment of amounts into the Build Illinois Fund
8as provided in the preceding paragraph or in any amendment
9thereto hereafter enacted, the following specified monthly
10installment of the amount requested in the certificate of the
11Chairman of the Metropolitan Pier and Exposition Authority
12provided under Section 8.25f of the State Finance Act, but not
13in excess of the sums designated as "Total Deposit", shall be
14deposited in the aggregate from collections under Section 9 of
15the Use Tax Act, Section 9 of the Service Use Tax Act, Section
169 of the Service Occupation Tax Act, and Section 3 of the
17Retailers' Occupation Tax Act into the McCormick Place
18Expansion Project Fund in the specified fiscal years.
19Fiscal YearTotal Deposit
201993         $0
211994 53,000,000
221995 58,000,000
231996 61,000,000
241997 64,000,000
251998 68,000,000

 

 

HB5447 Enrolled- 550 -LRB100 16294 AMC 31417 b

11999 71,000,000
22000 75,000,000
32001 80,000,000
42002 93,000,000
52003 99,000,000
62004103,000,000
72005108,000,000
82006113,000,000
92007119,000,000
102008126,000,000
112009132,000,000
122010139,000,000
132011146,000,000
142012153,000,000
152013161,000,000
162014170,000,000
172015179,000,000
182016189,000,000
192017199,000,000
202018210,000,000
212019221,000,000
222020233,000,000
232021246,000,000
242022260,000,000
252023275,000,000
262024 275,000,000

 

 

HB5447 Enrolled- 551 -LRB100 16294 AMC 31417 b

12025 275,000,000
22026 279,000,000
32027 292,000,000
42028 307,000,000
52029 322,000,000
62030 338,000,000
72031 350,000,000
82032 350,000,000
9and
10each fiscal year
11thereafter that bonds
12are outstanding under
13Section 13.2 of the
14Metropolitan Pier and
15Exposition Authority Act,
16but not after fiscal year 2060.
17    Beginning July 20, 1993 and in each month of each fiscal
18year thereafter, one-eighth of the amount requested in the
19certificate of the Chairman of the Metropolitan Pier and
20Exposition Authority for that fiscal year, less the amount
21deposited into the McCormick Place Expansion Project Fund by
22the State Treasurer in the respective month under subsection
23(g) of Section 13 of the Metropolitan Pier and Exposition
24Authority Act, plus cumulative deficiencies in the deposits
25required under this Section for previous months and years,
26shall be deposited into the McCormick Place Expansion Project

 

 

HB5447 Enrolled- 552 -LRB100 16294 AMC 31417 b

1Fund, until the full amount requested for the fiscal year, but
2not in excess of the amount specified above as "Total Deposit",
3has been deposited.
4    Subject to payment of amounts into the Build Illinois Fund
5and the McCormick Place Expansion Project Fund pursuant to the
6preceding paragraphs or in any amendments thereto hereafter
7enacted, beginning July 1, 1993 and ending on September 30,
82013, the Department shall each month pay into the Illinois Tax
9Increment Fund 0.27% of 80% of the net revenue realized for the
10preceding month from the 6.25% general rate on the selling
11price of tangible personal property.
12    Subject to payment of amounts into the Build Illinois Fund
13and the McCormick Place Expansion Project Fund pursuant to the
14preceding paragraphs or in any amendments thereto hereafter
15enacted, beginning with the receipt of the first report of
16taxes paid by an eligible business and continuing for a 25-year
17period, the Department shall each month pay into the Energy
18Infrastructure Fund 80% of the net revenue realized from the
196.25% general rate on the selling price of Illinois-mined coal
20that was sold to an eligible business. For purposes of this
21paragraph, the term "eligible business" means a new electric
22generating facility certified pursuant to Section 605-332 of
23the Department of Commerce and Economic Opportunity Law of the
24Civil Administrative Code of Illinois.
25    Subject to payment of amounts into the Build Illinois Fund,
26the McCormick Place Expansion Project Fund, the Illinois Tax

 

 

HB5447 Enrolled- 553 -LRB100 16294 AMC 31417 b

1Increment Fund, and the Energy Infrastructure Fund pursuant to
2the preceding paragraphs or in any amendments to this Section
3hereafter enacted, beginning on the first day of the first
4calendar month to occur on or after August 26, 2014 (the
5effective date of Public Act 98-1098) this amendatory Act of
6the 98th General Assembly, each month, from the collections
7made under Section 9 of the Use Tax Act, Section 9 of the
8Service Use Tax Act, Section 9 of the Service Occupation Tax
9Act, and Section 3 of the Retailers' Occupation Tax Act, the
10Department shall pay into the Tax Compliance and Administration
11Fund, to be used, subject to appropriation, to fund additional
12auditors and compliance personnel at the Department of Revenue,
13an amount equal to 1/12 of 5% of 80% of the cash receipts
14collected during the preceding fiscal year by the Audit Bureau
15of the Department under the Use Tax Act, the Service Use Tax
16Act, the Service Occupation Tax Act, the Retailers' Occupation
17Tax Act, and associated local occupation and use taxes
18administered by the Department.
19    Of the remainder of the moneys received by the Department
20pursuant to this Act, 75% thereof shall be paid into the
21General Revenue Fund of the State Treasury and 25% shall be
22reserved in a special account and used only for the transfer to
23the Common School Fund as part of the monthly transfer from the
24General Revenue Fund in accordance with Section 8a of the State
25Finance Act.
26    As soon as possible after the first day of each month, upon

 

 

HB5447 Enrolled- 554 -LRB100 16294 AMC 31417 b

1certification of the Department of Revenue, the Comptroller
2shall order transferred and the Treasurer shall transfer from
3the General Revenue Fund to the Motor Fuel Tax Fund an amount
4equal to 1.7% of 80% of the net revenue realized under this Act
5for the second preceding month. Beginning April 1, 2000, this
6transfer is no longer required and shall not be made.
7    Net revenue realized for a month shall be the revenue
8collected by the State pursuant to this Act, less the amount
9paid out during that month as refunds to taxpayers for
10overpayment of liability.
11(Source: P.A. 99-352, eff. 8-12-15; 99-858, eff. 8-19-16;
12100-303, eff. 8-24-17; revised 1-22-18.)
 
13    (Text of Section after amendment by P.A. 100-363)
14    Sec. 9. Each serviceman required or authorized to collect
15the tax herein imposed shall pay to the Department the amount
16of such tax (except as otherwise provided) at the time when he
17is required to file his return for the period during which such
18tax was collected, less a discount of 2.1% prior to January 1,
191990 and 1.75% on and after January 1, 1990, or $5 per calendar
20year, whichever is greater, which is allowed to reimburse the
21serviceman for expenses incurred in collecting the tax, keeping
22records, preparing and filing returns, remitting the tax and
23supplying data to the Department on request. The discount
24allowed under this Section is allowed only for returns that are
25filed in the manner required by this Act. The Department may

 

 

HB5447 Enrolled- 555 -LRB100 16294 AMC 31417 b

1disallow the discount for servicemen whose certificate of
2registration is revoked at the time the return is filed, but
3only if the Department's decision to revoke the certificate of
4registration has become final. A serviceman need not remit that
5part of any tax collected by him to the extent that he is
6required to pay and does pay the tax imposed by the Service
7Occupation Tax Act with respect to his sale of service
8involving the incidental transfer by him of the same property.
9    Except as provided hereinafter in this Section, on or
10before the twentieth day of each calendar month, such
11serviceman shall file a return for the preceding calendar month
12in accordance with reasonable Rules and Regulations to be
13promulgated by the Department. Such return shall be filed on a
14form prescribed by the Department and shall contain such
15information as the Department may reasonably require. On and
16after January 1, 2018, with respect to servicemen whose annual
17gross receipts average $20,000 or more, all returns required to
18be filed pursuant to this Act shall be filed electronically.
19Servicemen who demonstrate that they do not have access to the
20Internet or demonstrate hardship in filing electronically may
21petition the Department to waive the electronic filing
22requirement.
23    The Department may require returns to be filed on a
24quarterly basis. If so required, a return for each calendar
25quarter shall be filed on or before the twentieth day of the
26calendar month following the end of such calendar quarter. The

 

 

HB5447 Enrolled- 556 -LRB100 16294 AMC 31417 b

1taxpayer shall also file a return with the Department for each
2of the first two months of each calendar quarter, on or before
3the twentieth day of the following calendar month, stating:
4        1. The name of the seller;
5        2. The address of the principal place of business from
6    which he engages in business as a serviceman in this State;
7        3. The total amount of taxable receipts received by him
8    during the preceding calendar month, including receipts
9    from charge and time sales, but less all deductions allowed
10    by law;
11        4. The amount of credit provided in Section 2d of this
12    Act;
13        5. The amount of tax due;
14        5-5. The signature of the taxpayer; and
15        6. Such other reasonable information as the Department
16    may require.
17    If a taxpayer fails to sign a return within 30 days after
18the proper notice and demand for signature by the Department,
19the return shall be considered valid and any amount shown to be
20due on the return shall be deemed assessed.
21    Beginning October 1, 1993, a taxpayer who has an average
22monthly tax liability of $150,000 or more shall make all
23payments required by rules of the Department by electronic
24funds transfer. Beginning October 1, 1994, a taxpayer who has
25an average monthly tax liability of $100,000 or more shall make
26all payments required by rules of the Department by electronic

 

 

HB5447 Enrolled- 557 -LRB100 16294 AMC 31417 b

1funds transfer. Beginning October 1, 1995, a taxpayer who has
2an average monthly tax liability of $50,000 or more shall make
3all payments required by rules of the Department by electronic
4funds transfer. Beginning October 1, 2000, a taxpayer who has
5an annual tax liability of $200,000 or more shall make all
6payments required by rules of the Department by electronic
7funds transfer. The term "annual tax liability" shall be the
8sum of the taxpayer's liabilities under this Act, and under all
9other State and local occupation and use tax laws administered
10by the Department, for the immediately preceding calendar year.
11The term "average monthly tax liability" means the sum of the
12taxpayer's liabilities under this Act, and under all other
13State and local occupation and use tax laws administered by the
14Department, for the immediately preceding calendar year
15divided by 12. Beginning on October 1, 2002, a taxpayer who has
16a tax liability in the amount set forth in subsection (b) of
17Section 2505-210 of the Department of Revenue Law shall make
18all payments required by rules of the Department by electronic
19funds transfer.
20    Before August 1 of each year beginning in 1993, the
21Department shall notify all taxpayers required to make payments
22by electronic funds transfer. All taxpayers required to make
23payments by electronic funds transfer shall make those payments
24for a minimum of one year beginning on October 1.
25    Any taxpayer not required to make payments by electronic
26funds transfer may make payments by electronic funds transfer

 

 

HB5447 Enrolled- 558 -LRB100 16294 AMC 31417 b

1with the permission of the Department.
2    All taxpayers required to make payment by electronic funds
3transfer and any taxpayers authorized to voluntarily make
4payments by electronic funds transfer shall make those payments
5in the manner authorized by the Department.
6    The Department shall adopt such rules as are necessary to
7effectuate a program of electronic funds transfer and the
8requirements of this Section.
9    If the serviceman is otherwise required to file a monthly
10return and if the serviceman's average monthly tax liability to
11the Department does not exceed $200, the Department may
12authorize his returns to be filed on a quarter annual basis,
13with the return for January, February and March of a given year
14being due by April 20 of such year; with the return for April,
15May and June of a given year being due by July 20 of such year;
16with the return for July, August and September of a given year
17being due by October 20 of such year, and with the return for
18October, November and December of a given year being due by
19January 20 of the following year.
20    If the serviceman is otherwise required to file a monthly
21or quarterly return and if the serviceman's average monthly tax
22liability to the Department does not exceed $50, the Department
23may authorize his returns to be filed on an annual basis, with
24the return for a given year being due by January 20 of the
25following year.
26    Such quarter annual and annual returns, as to form and

 

 

HB5447 Enrolled- 559 -LRB100 16294 AMC 31417 b

1substance, shall be subject to the same requirements as monthly
2returns.
3    Notwithstanding any other provision in this Act concerning
4the time within which a serviceman may file his return, in the
5case of any serviceman who ceases to engage in a kind of
6business which makes him responsible for filing returns under
7this Act, such serviceman shall file a final return under this
8Act with the Department not more than 1 month after
9discontinuing such business.
10    Where a serviceman collects the tax with respect to the
11selling price of property which he sells and the purchaser
12thereafter returns such property and the serviceman refunds the
13selling price thereof to the purchaser, such serviceman shall
14also refund, to the purchaser, the tax so collected from the
15purchaser. When filing his return for the period in which he
16refunds such tax to the purchaser, the serviceman may deduct
17the amount of the tax so refunded by him to the purchaser from
18any other Service Use Tax, Service Occupation Tax, retailers'
19occupation tax or use tax which such serviceman may be required
20to pay or remit to the Department, as shown by such return,
21provided that the amount of the tax to be deducted shall
22previously have been remitted to the Department by such
23serviceman. If the serviceman shall not previously have
24remitted the amount of such tax to the Department, he shall be
25entitled to no deduction hereunder upon refunding such tax to
26the purchaser.

 

 

HB5447 Enrolled- 560 -LRB100 16294 AMC 31417 b

1    Any serviceman filing a return hereunder shall also include
2the total tax upon the selling price of tangible personal
3property purchased for use by him as an incident to a sale of
4service, and such serviceman shall remit the amount of such tax
5to the Department when filing such return.
6    If experience indicates such action to be practicable, the
7Department may prescribe and furnish a combination or joint
8return which will enable servicemen, who are required to file
9returns hereunder and also under the Service Occupation Tax
10Act, to furnish all the return information required by both
11Acts on the one form.
12    Where the serviceman has more than one business registered
13with the Department under separate registration hereunder,
14such serviceman shall not file each return that is due as a
15single return covering all such registered businesses, but
16shall file separate returns for each such registered business.
17    Beginning January 1, 1990, each month the Department shall
18pay into the State and Local Tax Reform Fund, a special fund in
19the State Treasury, the net revenue realized for the preceding
20month from the 1% tax on sales of food for human consumption
21which is to be consumed off the premises where it is sold
22(other than alcoholic beverages, soft drinks and food which has
23been prepared for immediate consumption) and prescription and
24nonprescription medicines, drugs, medical appliances, products
25classified as Class III medical devices, by the United States
26Food and Drug Administration that are used for cancer treatment

 

 

HB5447 Enrolled- 561 -LRB100 16294 AMC 31417 b

1pursuant to a prescription, as well as any accessories and
2components related to those devices, and insulin, urine testing
3materials, syringes and needles used by diabetics.
4    Beginning January 1, 1990, each month the Department shall
5pay into the State and Local Sales Tax Reform Fund 20% of the
6net revenue realized for the preceding month from the 6.25%
7general rate on transfers of tangible personal property, other
8than tangible personal property which is purchased outside
9Illinois at retail from a retailer and which is titled or
10registered by an agency of this State's government.
11    Beginning August 1, 2000, each month the Department shall
12pay into the State and Local Sales Tax Reform Fund 100% of the
13net revenue realized for the preceding month from the 1.25%
14rate on the selling price of motor fuel and gasohol.
15    Beginning October 1, 2009, each month the Department shall
16pay into the Capital Projects Fund an amount that is equal to
17an amount estimated by the Department to represent 80% of the
18net revenue realized for the preceding month from the sale of
19candy, grooming and hygiene products, and soft drinks that had
20been taxed at a rate of 1% prior to September 1, 2009 but that
21are now taxed at 6.25%.
22    Beginning July 1, 2013, each month the Department shall pay
23into the Underground Storage Tank Fund from the proceeds
24collected under this Act, the Use Tax Act, the Service
25Occupation Tax Act, and the Retailers' Occupation Tax Act an
26amount equal to the average monthly deficit in the Underground

 

 

HB5447 Enrolled- 562 -LRB100 16294 AMC 31417 b

1Storage Tank Fund during the prior year, as certified annually
2by the Illinois Environmental Protection Agency, but the total
3payment into the Underground Storage Tank Fund under this Act,
4the Use Tax Act, the Service Occupation Tax Act, and the
5Retailers' Occupation Tax Act shall not exceed $18,000,000 in
6any State fiscal year. As used in this paragraph, the "average
7monthly deficit" shall be equal to the difference between the
8average monthly claims for payment by the fund and the average
9monthly revenues deposited into the fund, excluding payments
10made pursuant to this paragraph.
11    Beginning July 1, 2015, of the remainder of the moneys
12received by the Department under the Use Tax Act, this Act, the
13Service Occupation Tax Act, and the Retailers' Occupation Tax
14Act, each month the Department shall deposit $500,000 into the
15State Crime Laboratory Fund.
16    Of the remainder of the moneys received by the Department
17pursuant to this Act, (a) 1.75% thereof shall be paid into the
18Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
19and after July 1, 1989, 3.8% thereof shall be paid into the
20Build Illinois Fund; provided, however, that if in any fiscal
21year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
22may be, of the moneys received by the Department and required
23to be paid into the Build Illinois Fund pursuant to Section 3
24of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
25Act, Section 9 of the Service Use Tax Act, and Section 9 of the
26Service Occupation Tax Act, such Acts being hereinafter called

 

 

HB5447 Enrolled- 563 -LRB100 16294 AMC 31417 b

1the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
2may be, of moneys being hereinafter called the "Tax Act
3Amount", and (2) the amount transferred to the Build Illinois
4Fund from the State and Local Sales Tax Reform Fund shall be
5less than the Annual Specified Amount (as defined in Section 3
6of the Retailers' Occupation Tax Act), an amount equal to the
7difference shall be immediately paid into the Build Illinois
8Fund from other moneys received by the Department pursuant to
9the Tax Acts; and further provided, that if on the last
10business day of any month the sum of (1) the Tax Act Amount
11required to be deposited into the Build Illinois Bond Account
12in the Build Illinois Fund during such month and (2) the amount
13transferred during such month to the Build Illinois Fund from
14the State and Local Sales Tax Reform Fund shall have been less
15than 1/12 of the Annual Specified Amount, an amount equal to
16the difference shall be immediately paid into the Build
17Illinois Fund from other moneys received by the Department
18pursuant to the Tax Acts; and, further provided, that in no
19event shall the payments required under the preceding proviso
20result in aggregate payments into the Build Illinois Fund
21pursuant to this clause (b) for any fiscal year in excess of
22the greater of (i) the Tax Act Amount or (ii) the Annual
23Specified Amount for such fiscal year; and, further provided,
24that the amounts payable into the Build Illinois Fund under
25this clause (b) shall be payable only until such time as the
26aggregate amount on deposit under each trust indenture securing

 

 

HB5447 Enrolled- 564 -LRB100 16294 AMC 31417 b

1Bonds issued and outstanding pursuant to the Build Illinois
2Bond Act is sufficient, taking into account any future
3investment income, to fully provide, in accordance with such
4indenture, for the defeasance of or the payment of the
5principal of, premium, if any, and interest on the Bonds
6secured by such indenture and on any Bonds expected to be
7issued thereafter and all fees and costs payable with respect
8thereto, all as certified by the Director of the Bureau of the
9Budget (now Governor's Office of Management and Budget). If on
10the last business day of any month in which Bonds are
11outstanding pursuant to the Build Illinois Bond Act, the
12aggregate of the moneys deposited in the Build Illinois Bond
13Account in the Build Illinois Fund in such month shall be less
14than the amount required to be transferred in such month from
15the Build Illinois Bond Account to the Build Illinois Bond
16Retirement and Interest Fund pursuant to Section 13 of the
17Build Illinois Bond Act, an amount equal to such deficiency
18shall be immediately paid from other moneys received by the
19Department pursuant to the Tax Acts to the Build Illinois Fund;
20provided, however, that any amounts paid to the Build Illinois
21Fund in any fiscal year pursuant to this sentence shall be
22deemed to constitute payments pursuant to clause (b) of the
23preceding sentence and shall reduce the amount otherwise
24payable for such fiscal year pursuant to clause (b) of the
25preceding sentence. The moneys received by the Department
26pursuant to this Act and required to be deposited into the

 

 

HB5447 Enrolled- 565 -LRB100 16294 AMC 31417 b

1Build Illinois Fund are subject to the pledge, claim and charge
2set forth in Section 12 of the Build Illinois Bond Act.
3    Subject to payment of amounts into the Build Illinois Fund
4as provided in the preceding paragraph or in any amendment
5thereto hereafter enacted, the following specified monthly
6installment of the amount requested in the certificate of the
7Chairman of the Metropolitan Pier and Exposition Authority
8provided under Section 8.25f of the State Finance Act, but not
9in excess of the sums designated as "Total Deposit", shall be
10deposited in the aggregate from collections under Section 9 of
11the Use Tax Act, Section 9 of the Service Use Tax Act, Section
129 of the Service Occupation Tax Act, and Section 3 of the
13Retailers' Occupation Tax Act into the McCormick Place
14Expansion Project Fund in the specified fiscal years.
15Fiscal YearTotal Deposit
161993         $0
171994 53,000,000
181995 58,000,000
191996 61,000,000
201997 64,000,000
211998 68,000,000
221999 71,000,000
232000 75,000,000
242001 80,000,000
252002 93,000,000

 

 

HB5447 Enrolled- 566 -LRB100 16294 AMC 31417 b

12003 99,000,000
22004103,000,000
32005108,000,000
42006113,000,000
52007119,000,000
62008126,000,000
72009132,000,000
82010139,000,000
92011146,000,000
102012153,000,000
112013161,000,000
122014170,000,000
132015179,000,000
142016189,000,000
152017199,000,000
162018210,000,000
172019221,000,000
182020233,000,000
192021246,000,000
202022260,000,000
212023275,000,000
222024 275,000,000
232025 275,000,000
242026 279,000,000
252027 292,000,000
262028 307,000,000

 

 

HB5447 Enrolled- 567 -LRB100 16294 AMC 31417 b

12029 322,000,000
22030 338,000,000
32031 350,000,000
42032 350,000,000
5and
6each fiscal year
7thereafter that bonds
8are outstanding under
9Section 13.2 of the
10Metropolitan Pier and
11Exposition Authority Act,
12but not after fiscal year 2060.
13    Beginning July 20, 1993 and in each month of each fiscal
14year thereafter, one-eighth of the amount requested in the
15certificate of the Chairman of the Metropolitan Pier and
16Exposition Authority for that fiscal year, less the amount
17deposited into the McCormick Place Expansion Project Fund by
18the State Treasurer in the respective month under subsection
19(g) of Section 13 of the Metropolitan Pier and Exposition
20Authority Act, plus cumulative deficiencies in the deposits
21required under this Section for previous months and years,
22shall be deposited into the McCormick Place Expansion Project
23Fund, until the full amount requested for the fiscal year, but
24not in excess of the amount specified above as "Total Deposit",
25has been deposited.
26    Subject to payment of amounts into the Build Illinois Fund

 

 

HB5447 Enrolled- 568 -LRB100 16294 AMC 31417 b

1and the McCormick Place Expansion Project Fund pursuant to the
2preceding paragraphs or in any amendments thereto hereafter
3enacted, beginning July 1, 1993 and ending on September 30,
42013, the Department shall each month pay into the Illinois Tax
5Increment Fund 0.27% of 80% of the net revenue realized for the
6preceding month from the 6.25% general rate on the selling
7price of tangible personal property.
8    Subject to payment of amounts into the Build Illinois Fund
9and the McCormick Place Expansion Project Fund pursuant to the
10preceding paragraphs or in any amendments thereto hereafter
11enacted, beginning with the receipt of the first report of
12taxes paid by an eligible business and continuing for a 25-year
13period, the Department shall each month pay into the Energy
14Infrastructure Fund 80% of the net revenue realized from the
156.25% general rate on the selling price of Illinois-mined coal
16that was sold to an eligible business. For purposes of this
17paragraph, the term "eligible business" means a new electric
18generating facility certified pursuant to Section 605-332 of
19the Department of Commerce and Economic Opportunity Law of the
20Civil Administrative Code of Illinois.
21    Subject to payment of amounts into the Build Illinois Fund,
22the McCormick Place Expansion Project Fund, the Illinois Tax
23Increment Fund, and the Energy Infrastructure Fund pursuant to
24the preceding paragraphs or in any amendments to this Section
25hereafter enacted, beginning on the first day of the first
26calendar month to occur on or after August 26, 2014 (the

 

 

HB5447 Enrolled- 569 -LRB100 16294 AMC 31417 b

1effective date of Public Act 98-1098) this amendatory Act of
2the 98th General Assembly, each month, from the collections
3made under Section 9 of the Use Tax Act, Section 9 of the
4Service Use Tax Act, Section 9 of the Service Occupation Tax
5Act, and Section 3 of the Retailers' Occupation Tax Act, the
6Department shall pay into the Tax Compliance and Administration
7Fund, to be used, subject to appropriation, to fund additional
8auditors and compliance personnel at the Department of Revenue,
9an amount equal to 1/12 of 5% of 80% of the cash receipts
10collected during the preceding fiscal year by the Audit Bureau
11of the Department under the Use Tax Act, the Service Use Tax
12Act, the Service Occupation Tax Act, the Retailers' Occupation
13Tax Act, and associated local occupation and use taxes
14administered by the Department.
15    Subject to payments of amounts into the Build Illinois
16Fund, the McCormick Place Expansion Project Fund, the Illinois
17Tax Increment Fund, the Energy Infrastructure Fund, and the Tax
18Compliance and Administration Fund as provided in this Section,
19beginning on July 1, 2018 the Department shall pay each month
20into the Downstate Public Transportation Fund the moneys
21required to be so paid under Section 2-3 of the Downstate
22Public Transportation Act.
23    Of the remainder of the moneys received by the Department
24pursuant to this Act, 75% thereof shall be paid into the
25General Revenue Fund of the State Treasury and 25% shall be
26reserved in a special account and used only for the transfer to

 

 

HB5447 Enrolled- 570 -LRB100 16294 AMC 31417 b

1the Common School Fund as part of the monthly transfer from the
2General Revenue Fund in accordance with Section 8a of the State
3Finance Act.
4    As soon as possible after the first day of each month, upon
5certification of the Department of Revenue, the Comptroller
6shall order transferred and the Treasurer shall transfer from
7the General Revenue Fund to the Motor Fuel Tax Fund an amount
8equal to 1.7% of 80% of the net revenue realized under this Act
9for the second preceding month. Beginning April 1, 2000, this
10transfer is no longer required and shall not be made.
11    Net revenue realized for a month shall be the revenue
12collected by the State pursuant to this Act, less the amount
13paid out during that month as refunds to taxpayers for
14overpayment of liability.
15(Source: P.A. 99-352, eff. 8-12-15; 99-858, eff. 8-19-16;
16100-303, eff. 8-24-17; 100-363, eff. 7-1-18; revised 1-22-18.)
 
17    Section 210. The Service Occupation Tax Act is amended by
18changing Sections 2 and 9 as follows:
 
19    (35 ILCS 115/2)  (from Ch. 120, par. 439.102)
20    Sec. 2. In this Act:
21    "Transfer" means any transfer of the title to property or
22of the ownership of property whether or not the transferor
23retains title as security for the payment of amounts due him
24from the transferee.

 

 

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1    "Cost Price" means the consideration paid by the serviceman
2for a purchase valued in money, whether paid in money or
3otherwise, including cash, credits and services, and shall be
4determined without any deduction on account of the supplier's
5cost of the property sold or on account of any other expense
6incurred by the supplier. When a serviceman contracts out part
7or all of the services required in his sale of service, it
8shall be presumed that the cost price to the serviceman of the
9property transferred to him by his or her subcontractor is
10equal to 50% of the subcontractor's charges to the serviceman
11in the absence of proof of the consideration paid by the
12subcontractor for the purchase of such property.
13    "Department" means the Department of Revenue.
14    "Person" means any natural individual, firm, partnership,
15association, joint stock company, joint venture, public or
16private corporation, limited liability company, and any
17receiver, executor, trustee, guardian or other representative
18appointed by order of any court.
19    "Sale of Service" means any transaction except:
20    (a) A retail sale of tangible personal property taxable
21under the Retailers' Occupation Tax Act or under the Use Tax
22Act.
23    (b) A sale of tangible personal property for the purpose of
24resale made in compliance with Section 2c of the Retailers'
25Occupation Tax Act.
26    (c) Except as hereinafter provided, a sale or transfer of

 

 

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1tangible personal property as an incident to the rendering of
2service for or by any governmental body or for or by any
3corporation, society, association, foundation or institution
4organized and operated exclusively for charitable, religious
5or educational purposes or any not-for-profit corporation,
6society, association, foundation, institution or organization
7which has no compensated officers or employees and which is
8organized and operated primarily for the recreation of persons
955 years of age or older. A limited liability company may
10qualify for the exemption under this paragraph only if the
11limited liability company is organized and operated
12exclusively for educational purposes.
13    (d) (Blank).
14    (d-1) A sale or transfer of tangible personal property as
15an incident to the rendering of service for owners, lessors or
16shippers of tangible personal property which is utilized by
17interstate carriers for hire for use as rolling stock moving in
18interstate commerce, and equipment operated by a
19telecommunications provider, licensed as a common carrier by
20the Federal Communications Commission, which is permanently
21installed in or affixed to aircraft moving in interstate
22commerce.
23    (d-1.1) On and after July 1, 2003 and through June 30,
242004, a sale or transfer of a motor vehicle of the second
25division with a gross vehicle weight in excess of 8,000 pounds
26as an incident to the rendering of service if that motor

 

 

HB5447 Enrolled- 573 -LRB100 16294 AMC 31417 b

1vehicle is subject to the commercial distribution fee imposed
2under Section 3-815.1 of the Illinois Vehicle Code. Beginning
3on July 1, 2004 and through June 30, 2005, the use in this
4State of motor vehicles of the second division: (i) with a
5gross vehicle weight rating in excess of 8,000 pounds; (ii)
6that are subject to the commercial distribution fee imposed
7under Section 3-815.1 of the Illinois Vehicle Code; and (iii)
8that are primarily used for commercial purposes. Through June
930, 2005, this exemption applies to repair and replacement
10parts added after the initial purchase of such a motor vehicle
11if that motor vehicle is used in a manner that would qualify
12for the rolling stock exemption otherwise provided for in this
13Act. For purposes of this paragraph, "used for commercial
14purposes" means the transportation of persons or property in
15furtherance of any commercial or industrial enterprise whether
16for-hire or not.
17    (d-2) The repairing, reconditioning or remodeling, for a
18common carrier by rail, of tangible personal property which
19belongs to such carrier for hire, and as to which such carrier
20receives the physical possession of the repaired,
21reconditioned or remodeled item of tangible personal property
22in Illinois, and which such carrier transports, or shares with
23another common carrier in the transportation of such property,
24out of Illinois on a standard uniform bill of lading showing
25the person who repaired, reconditioned or remodeled the
26property as the shipper or consignor of such property to a

 

 

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1destination outside Illinois, for use outside Illinois.
2    (d-3) A sale or transfer of tangible personal property
3which is produced by the seller thereof on special order in
4such a way as to have made the applicable tax the Service
5Occupation Tax or the Service Use Tax, rather than the
6Retailers' Occupation Tax or the Use Tax, for an interstate
7carrier by rail which receives the physical possession of such
8property in Illinois, and which transports such property, or
9shares with another common carrier in the transportation of
10such property, out of Illinois on a standard uniform bill of
11lading showing the seller of the property as the shipper or
12consignor of such property to a destination outside Illinois,
13for use outside Illinois.
14    (d-4) Until January 1, 1997, a sale, by a registered
15serviceman paying tax under this Act to the Department, of
16special order printed materials delivered outside Illinois and
17which are not returned to this State, if delivery is made by
18the seller or agent of the seller, including an agent who
19causes the product to be delivered outside Illinois by a common
20carrier or the U.S. postal service.
21    (e) A sale or transfer of machinery and equipment used
22primarily in the process of the manufacturing or assembling,
23either in an existing, an expanded or a new manufacturing
24facility, of tangible personal property for wholesale or retail
25sale or lease, whether such sale or lease is made directly by
26the manufacturer or by some other person, whether the materials

 

 

HB5447 Enrolled- 575 -LRB100 16294 AMC 31417 b

1used in the process are owned by the manufacturer or some other
2person, or whether such sale or lease is made apart from or as
3an incident to the seller's engaging in a service occupation
4and the applicable tax is a Service Occupation Tax or Service
5Use Tax, rather than Retailers' Occupation Tax or Use Tax. The
6exemption provided by this paragraph (e) does not include
7machinery and equipment used in (i) the generation of
8electricity for wholesale or retail sale; (ii) the generation
9or treatment of natural or artificial gas for wholesale or
10retail sale that is delivered to customers through pipes,
11pipelines, or mains; or (iii) the treatment of water for
12wholesale or retail sale that is delivered to customers through
13pipes, pipelines, or mains. The provisions of Public Act 98-583
14this amendatory Act of the 98th General Assembly are
15declaratory of existing law as to the meaning and scope of this
16exemption. The exemption under this subsection (e) is exempt
17from the provisions of Section 3-75.
18    (f) Until July 1, 2003, the sale or transfer of
19distillation machinery and equipment, sold as a unit or kit and
20assembled or installed by the retailer, which machinery and
21equipment is certified by the user to be used only for the
22production of ethyl alcohol that will be used for consumption
23as motor fuel or as a component of motor fuel for the personal
24use of such user and not subject to sale or resale.
25    (g) At the election of any serviceman not required to be
26otherwise registered as a retailer under Section 2a of the

 

 

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1Retailers' Occupation Tax Act, made for each fiscal year sales
2of service in which the aggregate annual cost price of tangible
3personal property transferred as an incident to the sales of
4service is less than 35% (75% in the case of servicemen
5transferring prescription drugs or servicemen engaged in
6graphic arts production) of the aggregate annual total gross
7receipts from all sales of service. The purchase of such
8tangible personal property by the serviceman shall be subject
9to tax under the Retailers' Occupation Tax Act and the Use Tax
10Act. However, if a primary serviceman who has made the election
11described in this paragraph subcontracts service work to a
12secondary serviceman who has also made the election described
13in this paragraph, the primary serviceman does not incur a Use
14Tax liability if the secondary serviceman (i) has paid or will
15pay Use Tax on his or her cost price of any tangible personal
16property transferred to the primary serviceman and (ii)
17certifies that fact in writing to the primary serviceman.
18    Tangible personal property transferred incident to the
19completion of a maintenance agreement is exempt from the tax
20imposed pursuant to this Act.
21    Exemption (e) also includes machinery and equipment used in
22the general maintenance or repair of such exempt machinery and
23equipment or for in-house manufacture of exempt machinery and
24equipment. On and after July 1, 2017, exemption (e) also
25includes graphic arts machinery and equipment, as defined in
26paragraph (5) of Section 3-5. The machinery and equipment

 

 

HB5447 Enrolled- 577 -LRB100 16294 AMC 31417 b

1exemption does not include machinery and equipment used in (i)
2the generation of electricity for wholesale or retail sale;
3(ii) the generation or treatment of natural or artificial gas
4for wholesale or retail sale that is delivered to customers
5through pipes, pipelines, or mains; or (iii) the treatment of
6water for wholesale or retail sale that is delivered to
7customers through pipes, pipelines, or mains. The provisions of
8Public Act 98-583 this amendatory Act of the 98th General
9Assembly are declaratory of existing law as to the meaning and
10scope of this exemption. For the purposes of exemption (e),
11each of these terms shall have the following meanings: (1)
12"manufacturing process" shall mean the production of any
13article of tangible personal property, whether such article is
14a finished product or an article for use in the process of
15manufacturing or assembling a different article of tangible
16personal property, by procedures commonly regarded as
17manufacturing, processing, fabricating, or refining which
18changes some existing material or materials into a material
19with a different form, use or name. In relation to a recognized
20integrated business composed of a series of operations which
21collectively constitute manufacturing, or individually
22constitute manufacturing operations, the manufacturing process
23shall be deemed to commence with the first operation or stage
24of production in the series, and shall not be deemed to end
25until the completion of the final product in the last operation
26or stage of production in the series; and further for purposes

 

 

HB5447 Enrolled- 578 -LRB100 16294 AMC 31417 b

1of exemption (e), photoprocessing is deemed to be a
2manufacturing process of tangible personal property for
3wholesale or retail sale; (2) "assembling process" shall mean
4the production of any article of tangible personal property,
5whether such article is a finished product or an article for
6use in the process of manufacturing or assembling a different
7article of tangible personal property, by the combination of
8existing materials in a manner commonly regarded as assembling
9which results in a material of a different form, use or name;
10(3) "machinery" shall mean major mechanical machines or major
11components of such machines contributing to a manufacturing or
12assembling process; and (4) "equipment" shall include any
13independent device or tool separate from any machinery but
14essential to an integrated manufacturing or assembly process;
15including computers used primarily in a manufacturer's
16computer assisted design, computer assisted manufacturing
17(CAD/CAM) system; or any subunit or assembly comprising a
18component of any machinery or auxiliary, adjunct or attachment
19parts of machinery, such as tools, dies, jigs, fixtures,
20patterns and molds; or any parts which require periodic
21replacement in the course of normal operation; but shall not
22include hand tools. Equipment includes chemicals or chemicals
23acting as catalysts but only if the chemicals or chemicals
24acting as catalysts effect a direct and immediate change upon a
25product being manufactured or assembled for wholesale or retail
26sale or lease. The purchaser of such machinery and equipment

 

 

HB5447 Enrolled- 579 -LRB100 16294 AMC 31417 b

1who has an active resale registration number shall furnish such
2number to the seller at the time of purchase. The purchaser of
3such machinery and equipment and tools without an active resale
4registration number shall furnish to the seller a certificate
5of exemption for each transaction stating facts establishing
6the exemption for that transaction, which certificate shall be
7available to the Department for inspection or audit.
8    Except as provided in Section 2d of this Act, the rolling
9stock exemption applies to rolling stock used by an interstate
10carrier for hire, even just between points in Illinois, if such
11rolling stock transports, for hire, persons whose journeys or
12property whose shipments originate or terminate outside
13Illinois.
14    Any informal rulings, opinions or letters issued by the
15Department in response to an inquiry or request for any opinion
16from any person regarding the coverage and applicability of
17exemption (e) to specific devices shall be published,
18maintained as a public record, and made available for public
19inspection and copying. If the informal ruling, opinion or
20letter contains trade secrets or other confidential
21information, where possible the Department shall delete such
22information prior to publication. Whenever such informal
23rulings, opinions, or letters contain any policy of general
24applicability, the Department shall formulate and adopt such
25policy as a rule in accordance with the provisions of the
26Illinois Administrative Procedure Act.

 

 

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1    On and after July 1, 1987, no entity otherwise eligible
2under exemption (c) of this Section shall make tax-free tax
3free purchases unless it has an active exemption identification
4number issued by the Department.
5    "Serviceman" means any person who is engaged in the
6occupation of making sales of service.
7    "Sale at Retail" means "sale at retail" as defined in the
8Retailers' Occupation Tax Act.
9    "Supplier" means any person who makes sales of tangible
10personal property to servicemen for the purpose of resale as an
11incident to a sale of service.
12(Source: P.A. 100-22, eff. 7-6-17; 100-321, eff. 8-24-17;
13revised 9-27-17.)
 
14    (35 ILCS 115/9)  (from Ch. 120, par. 439.109)
15    (Text of Section before amendment by P.A. 100-363)
16    Sec. 9. Each serviceman required or authorized to collect
17the tax herein imposed shall pay to the Department the amount
18of such tax at the time when he is required to file his return
19for the period during which such tax was collectible, less a
20discount of 2.1% prior to January 1, 1990, and 1.75% on and
21after January 1, 1990, or $5 per calendar year, whichever is
22greater, which is allowed to reimburse the serviceman for
23expenses incurred in collecting the tax, keeping records,
24preparing and filing returns, remitting the tax and supplying
25data to the Department on request. The discount allowed under

 

 

HB5447 Enrolled- 581 -LRB100 16294 AMC 31417 b

1this Section is allowed only for returns that are filed in the
2manner required by this Act. The Department may disallow the
3discount for servicemen whose certificate of registration is
4revoked at the time the return is filed, but only if the
5Department's decision to revoke the certificate of
6registration has become final.
7    Where such tangible personal property is sold under a
8conditional sales contract, or under any other form of sale
9wherein the payment of the principal sum, or a part thereof, is
10extended beyond the close of the period for which the return is
11filed, the serviceman, in collecting the tax may collect, for
12each tax return period, only the tax applicable to the part of
13the selling price actually received during such tax return
14period.
15    Except as provided hereinafter in this Section, on or
16before the twentieth day of each calendar month, such
17serviceman shall file a return for the preceding calendar month
18in accordance with reasonable rules and regulations to be
19promulgated by the Department of Revenue. Such return shall be
20filed on a form prescribed by the Department and shall contain
21such information as the Department may reasonably require. On
22and after January 1, 2018, with respect to servicemen whose
23annual gross receipts average $20,000 or more, all returns
24required to be filed pursuant to this Act shall be filed
25electronically. Servicemen who demonstrate that they do not
26have access to the Internet or demonstrate hardship in filing

 

 

HB5447 Enrolled- 582 -LRB100 16294 AMC 31417 b

1electronically may petition the Department to waive the
2electronic filing requirement.
3    The Department may require returns to be filed on a
4quarterly basis. If so required, a return for each calendar
5quarter shall be filed on or before the twentieth day of the
6calendar month following the end of such calendar quarter. The
7taxpayer shall also file a return with the Department for each
8of the first two months of each calendar quarter, on or before
9the twentieth day of the following calendar month, stating:
10        1. The name of the seller;
11        2. The address of the principal place of business from
12    which he engages in business as a serviceman in this State;
13        3. The total amount of taxable receipts received by him
14    during the preceding calendar month, including receipts
15    from charge and time sales, but less all deductions allowed
16    by law;
17        4. The amount of credit provided in Section 2d of this
18    Act;
19        5. The amount of tax due;
20        5-5. The signature of the taxpayer; and
21        6. Such other reasonable information as the Department
22    may require.
23    If a taxpayer fails to sign a return within 30 days after
24the proper notice and demand for signature by the Department,
25the return shall be considered valid and any amount shown to be
26due on the return shall be deemed assessed.

 

 

HB5447 Enrolled- 583 -LRB100 16294 AMC 31417 b

1    Prior to October 1, 2003, and on and after September 1,
22004 a serviceman may accept a Manufacturer's Purchase Credit
3certification from a purchaser in satisfaction of Service Use
4Tax as provided in Section 3-70 of the Service Use Tax Act if
5the purchaser provides the appropriate documentation as
6required by Section 3-70 of the Service Use Tax Act. A
7Manufacturer's Purchase Credit certification, accepted prior
8to October 1, 2003 or on or after September 1, 2004 by a
9serviceman as provided in Section 3-70 of the Service Use Tax
10Act, may be used by that serviceman to satisfy Service
11Occupation Tax liability in the amount claimed in the
12certification, not to exceed 6.25% of the receipts subject to
13tax from a qualifying purchase. A Manufacturer's Purchase
14Credit reported on any original or amended return filed under
15this Act after October 20, 2003 for reporting periods prior to
16September 1, 2004 shall be disallowed. Manufacturer's Purchase
17Credit reported on annual returns due on or after January 1,
182005 will be disallowed for periods prior to September 1, 2004.
19No Manufacturer's Purchase Credit may be used after September
2030, 2003 through August 31, 2004 to satisfy any tax liability
21imposed under this Act, including any audit liability.
22    If the serviceman's average monthly tax liability to the
23Department does not exceed $200, the Department may authorize
24his returns to be filed on a quarter annual basis, with the
25return for January, February and March of a given year being
26due by April 20 of such year; with the return for April, May

 

 

HB5447 Enrolled- 584 -LRB100 16294 AMC 31417 b

1and June of a given year being due by July 20 of such year; with
2the return for July, August and September of a given year being
3due by October 20 of such year, and with the return for
4October, November and December of a given year being due by
5January 20 of the following year.
6    If the serviceman's average monthly tax liability to the
7Department does not exceed $50, the Department may authorize
8his returns to be filed on an annual basis, with the return for
9a given year being due by January 20 of the following year.
10    Such quarter annual and annual returns, as to form and
11substance, shall be subject to the same requirements as monthly
12returns.
13    Notwithstanding any other provision in this Act concerning
14the time within which a serviceman may file his return, in the
15case of any serviceman who ceases to engage in a kind of
16business which makes him responsible for filing returns under
17this Act, such serviceman shall file a final return under this
18Act with the Department not more than 1 month after
19discontinuing such business.
20    Beginning October 1, 1993, a taxpayer who has an average
21monthly tax liability of $150,000 or more shall make all
22payments required by rules of the Department by electronic
23funds transfer. Beginning October 1, 1994, a taxpayer who has
24an average monthly tax liability of $100,000 or more shall make
25all payments required by rules of the Department by electronic
26funds transfer. Beginning October 1, 1995, a taxpayer who has

 

 

HB5447 Enrolled- 585 -LRB100 16294 AMC 31417 b

1an average monthly tax liability of $50,000 or more shall make
2all payments required by rules of the Department by electronic
3funds transfer. Beginning October 1, 2000, a taxpayer who has
4an annual tax liability of $200,000 or more shall make all
5payments required by rules of the Department by electronic
6funds transfer. The term "annual tax liability" shall be the
7sum of the taxpayer's liabilities under this Act, and under all
8other State and local occupation and use tax laws administered
9by the Department, for the immediately preceding calendar year.
10The term "average monthly tax liability" means the sum of the
11taxpayer's liabilities under this Act, and under all other
12State and local occupation and use tax laws administered by the
13Department, for the immediately preceding calendar year
14divided by 12. Beginning on October 1, 2002, a taxpayer who has
15a tax liability in the amount set forth in subsection (b) of
16Section 2505-210 of the Department of Revenue Law shall make
17all payments required by rules of the Department by electronic
18funds transfer.
19    Before August 1 of each year beginning in 1993, the
20Department shall notify all taxpayers required to make payments
21by electronic funds transfer. All taxpayers required to make
22payments by electronic funds transfer shall make those payments
23for a minimum of one year beginning on October 1.
24    Any taxpayer not required to make payments by electronic
25funds transfer may make payments by electronic funds transfer
26with the permission of the Department.

 

 

HB5447 Enrolled- 586 -LRB100 16294 AMC 31417 b

1    All taxpayers required to make payment by electronic funds
2transfer and any taxpayers authorized to voluntarily make
3payments by electronic funds transfer shall make those payments
4in the manner authorized by the Department.
5    The Department shall adopt such rules as are necessary to
6effectuate a program of electronic funds transfer and the
7requirements of this Section.
8    Where a serviceman collects the tax with respect to the
9selling price of tangible personal property which he sells and
10the purchaser thereafter returns such tangible personal
11property and the serviceman refunds the selling price thereof
12to the purchaser, such serviceman shall also refund, to the
13purchaser, the tax so collected from the purchaser. When filing
14his return for the period in which he refunds such tax to the
15purchaser, the serviceman may deduct the amount of the tax so
16refunded by him to the purchaser from any other Service
17Occupation Tax, Service Use Tax, Retailers' Occupation Tax or
18Use Tax which such serviceman may be required to pay or remit
19to the Department, as shown by such return, provided that the
20amount of the tax to be deducted shall previously have been
21remitted to the Department by such serviceman. If the
22serviceman shall not previously have remitted the amount of
23such tax to the Department, he shall be entitled to no
24deduction hereunder upon refunding such tax to the purchaser.
25    If experience indicates such action to be practicable, the
26Department may prescribe and furnish a combination or joint

 

 

HB5447 Enrolled- 587 -LRB100 16294 AMC 31417 b

1return which will enable servicemen, who are required to file
2returns hereunder and also under the Retailers' Occupation Tax
3Act, the Use Tax Act or the Service Use Tax Act, to furnish all
4the return information required by all said Acts on the one
5form.
6    Where the serviceman has more than one business registered
7with the Department under separate registrations hereunder,
8such serviceman shall file separate returns for each registered
9business.
10    Beginning January 1, 1990, each month the Department shall
11pay into the Local Government Tax Fund the revenue realized for
12the preceding month from the 1% tax on sales of food for human
13consumption which is to be consumed off the premises where it
14is sold (other than alcoholic beverages, soft drinks and food
15which has been prepared for immediate consumption) and
16prescription and nonprescription medicines, drugs, medical
17appliances, products classified as Class III medical devices by
18the United States Food and Drug Administration that are used
19for cancer treatment pursuant to a prescription, as well as any
20accessories and components related to those devices, and
21insulin, urine testing materials, syringes and needles used by
22diabetics.
23    Beginning January 1, 1990, each month the Department shall
24pay into the County and Mass Transit District Fund 4% of the
25revenue realized for the preceding month from the 6.25% general
26rate.

 

 

HB5447 Enrolled- 588 -LRB100 16294 AMC 31417 b

1    Beginning August 1, 2000, each month the Department shall
2pay into the County and Mass Transit District Fund 20% of the
3net revenue realized for the preceding month from the 1.25%
4rate on the selling price of motor fuel and gasohol.
5    Beginning January 1, 1990, each month the Department shall
6pay into the Local Government Tax Fund 16% of the revenue
7realized for the preceding month from the 6.25% general rate on
8transfers of tangible personal property.
9    Beginning August 1, 2000, each month the Department shall
10pay into the Local Government Tax Fund 80% of the net revenue
11realized for the preceding month from the 1.25% rate on the
12selling price of motor fuel and gasohol.
13    Beginning October 1, 2009, each month the Department shall
14pay into the Capital Projects Fund an amount that is equal to
15an amount estimated by the Department to represent 80% of the
16net revenue realized for the preceding month from the sale of
17candy, grooming and hygiene products, and soft drinks that had
18been taxed at a rate of 1% prior to September 1, 2009 but that
19are now taxed at 6.25%.
20    Beginning July 1, 2013, each month the Department shall pay
21into the Underground Storage Tank Fund from the proceeds
22collected under this Act, the Use Tax Act, the Service Use Tax
23Act, and the Retailers' Occupation Tax Act an amount equal to
24the average monthly deficit in the Underground Storage Tank
25Fund during the prior year, as certified annually by the
26Illinois Environmental Protection Agency, but the total

 

 

HB5447 Enrolled- 589 -LRB100 16294 AMC 31417 b

1payment into the Underground Storage Tank Fund under this Act,
2the Use Tax Act, the Service Use Tax Act, and the Retailers'
3Occupation Tax Act shall not exceed $18,000,000 in any State
4fiscal year. As used in this paragraph, the "average monthly
5deficit" shall be equal to the difference between the average
6monthly claims for payment by the fund and the average monthly
7revenues deposited into the fund, excluding payments made
8pursuant to this paragraph.
9    Beginning July 1, 2015, of the remainder of the moneys
10received by the Department under the Use Tax Act, the Service
11Use Tax Act, this Act, and the Retailers' Occupation Tax Act,
12each month the Department shall deposit $500,000 into the State
13Crime Laboratory Fund.
14    Of the remainder of the moneys received by the Department
15pursuant to this Act, (a) 1.75% thereof shall be paid into the
16Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
17and after July 1, 1989, 3.8% thereof shall be paid into the
18Build Illinois Fund; provided, however, that if in any fiscal
19year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
20may be, of the moneys received by the Department and required
21to be paid into the Build Illinois Fund pursuant to Section 3
22of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
23Act, Section 9 of the Service Use Tax Act, and Section 9 of the
24Service Occupation Tax Act, such Acts being hereinafter called
25the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
26may be, of moneys being hereinafter called the "Tax Act

 

 

HB5447 Enrolled- 590 -LRB100 16294 AMC 31417 b

1Amount", and (2) the amount transferred to the Build Illinois
2Fund from the State and Local Sales Tax Reform Fund shall be
3less than the Annual Specified Amount (as defined in Section 3
4of the Retailers' Occupation Tax Act), an amount equal to the
5difference shall be immediately paid into the Build Illinois
6Fund from other moneys received by the Department pursuant to
7the Tax Acts; and further provided, that if on the last
8business day of any month the sum of (1) the Tax Act Amount
9required to be deposited into the Build Illinois Account in the
10Build Illinois Fund during such month and (2) the amount
11transferred during such month to the Build Illinois Fund from
12the State and Local Sales Tax Reform Fund shall have been less
13than 1/12 of the Annual Specified Amount, an amount equal to
14the difference shall be immediately paid into the Build
15Illinois Fund from other moneys received by the Department
16pursuant to the Tax Acts; and, further provided, that in no
17event shall the payments required under the preceding proviso
18result in aggregate payments into the Build Illinois Fund
19pursuant to this clause (b) for any fiscal year in excess of
20the greater of (i) the Tax Act Amount or (ii) the Annual
21Specified Amount for such fiscal year; and, further provided,
22that the amounts payable into the Build Illinois Fund under
23this clause (b) shall be payable only until such time as the
24aggregate amount on deposit under each trust indenture securing
25Bonds issued and outstanding pursuant to the Build Illinois
26Bond Act is sufficient, taking into account any future

 

 

HB5447 Enrolled- 591 -LRB100 16294 AMC 31417 b

1investment income, to fully provide, in accordance with such
2indenture, for the defeasance of or the payment of the
3principal of, premium, if any, and interest on the Bonds
4secured by such indenture and on any Bonds expected to be
5issued thereafter and all fees and costs payable with respect
6thereto, all as certified by the Director of the Bureau of the
7Budget (now Governor's Office of Management and Budget). If on
8the last business day of any month in which Bonds are
9outstanding pursuant to the Build Illinois Bond Act, the
10aggregate of the moneys deposited in the Build Illinois Bond
11Account in the Build Illinois Fund in such month shall be less
12than the amount required to be transferred in such month from
13the Build Illinois Bond Account to the Build Illinois Bond
14Retirement and Interest Fund pursuant to Section 13 of the
15Build Illinois Bond Act, an amount equal to such deficiency
16shall be immediately paid from other moneys received by the
17Department pursuant to the Tax Acts to the Build Illinois Fund;
18provided, however, that any amounts paid to the Build Illinois
19Fund in any fiscal year pursuant to this sentence shall be
20deemed to constitute payments pursuant to clause (b) of the
21preceding sentence and shall reduce the amount otherwise
22payable for such fiscal year pursuant to clause (b) of the
23preceding sentence. The moneys received by the Department
24pursuant to this Act and required to be deposited into the
25Build Illinois Fund are subject to the pledge, claim and charge
26set forth in Section 12 of the Build Illinois Bond Act.

 

 

HB5447 Enrolled- 592 -LRB100 16294 AMC 31417 b

1    Subject to payment of amounts into the Build Illinois Fund
2as provided in the preceding paragraph or in any amendment
3thereto hereafter enacted, the following specified monthly
4installment of the amount requested in the certificate of the
5Chairman of the Metropolitan Pier and Exposition Authority
6provided under Section 8.25f of the State Finance Act, but not
7in excess of the sums designated as "Total Deposit", shall be
8deposited in the aggregate from collections under Section 9 of
9the Use Tax Act, Section 9 of the Service Use Tax Act, Section
109 of the Service Occupation Tax Act, and Section 3 of the
11Retailers' Occupation Tax Act into the McCormick Place
12Expansion Project Fund in the specified fiscal years.
13Fiscal YearTotal Deposit
141993         $0
151994 53,000,000
161995 58,000,000
171996 61,000,000
181997 64,000,000
191998 68,000,000
201999 71,000,000
212000 75,000,000
222001 80,000,000
232002 93,000,000
242003 99,000,000
252004103,000,000

 

 

HB5447 Enrolled- 593 -LRB100 16294 AMC 31417 b

12005108,000,000
22006113,000,000
32007119,000,000
42008126,000,000
52009132,000,000
62010139,000,000
72011146,000,000
82012153,000,000
92013161,000,000
102014170,000,000
112015179,000,000
122016189,000,000
132017199,000,000
142018210,000,000
152019221,000,000
162020233,000,000
172021246,000,000
182022260,000,000
192023275,000,000
202024 275,000,000
212025 275,000,000
222026 279,000,000
232027 292,000,000
242028 307,000,000
252029 322,000,000
262030 338,000,000

 

 

HB5447 Enrolled- 594 -LRB100 16294 AMC 31417 b

12031 350,000,000
22032 350,000,000
3and
4each fiscal year
5thereafter that bonds
6are outstanding under
7Section 13.2 of the
8Metropolitan Pier and
9Exposition Authority Act,
10but not after fiscal year 2060.
11    Beginning July 20, 1993 and in each month of each fiscal
12year thereafter, one-eighth of the amount requested in the
13certificate of the Chairman of the Metropolitan Pier and
14Exposition Authority for that fiscal year, less the amount
15deposited into the McCormick Place Expansion Project Fund by
16the State Treasurer in the respective month under subsection
17(g) of Section 13 of the Metropolitan Pier and Exposition
18Authority Act, plus cumulative deficiencies in the deposits
19required under this Section for previous months and years,
20shall be deposited into the McCormick Place Expansion Project
21Fund, until the full amount requested for the fiscal year, but
22not in excess of the amount specified above as "Total Deposit",
23has been deposited.
24    Subject to payment of amounts into the Build Illinois Fund
25and the McCormick Place Expansion Project Fund pursuant to the
26preceding paragraphs or in any amendments thereto hereafter

 

 

HB5447 Enrolled- 595 -LRB100 16294 AMC 31417 b

1enacted, beginning July 1, 1993 and ending on September 30,
22013, the Department shall each month pay into the Illinois Tax
3Increment Fund 0.27% of 80% of the net revenue realized for the
4preceding month from the 6.25% general rate on the selling
5price of tangible personal property.
6    Subject to payment of amounts into the Build Illinois Fund
7and the McCormick Place Expansion Project Fund pursuant to the
8preceding paragraphs or in any amendments thereto hereafter
9enacted, beginning with the receipt of the first report of
10taxes paid by an eligible business and continuing for a 25-year
11period, the Department shall each month pay into the Energy
12Infrastructure Fund 80% of the net revenue realized from the
136.25% general rate on the selling price of Illinois-mined coal
14that was sold to an eligible business. For purposes of this
15paragraph, the term "eligible business" means a new electric
16generating facility certified pursuant to Section 605-332 of
17the Department of Commerce and Economic Opportunity Law of the
18Civil Administrative Code of Illinois.
19    Subject to payment of amounts into the Build Illinois Fund,
20the McCormick Place Expansion Project Fund, the Illinois Tax
21Increment Fund, and the Energy Infrastructure Fund pursuant to
22the preceding paragraphs or in any amendments to this Section
23hereafter enacted, beginning on the first day of the first
24calendar month to occur on or after August 26, 2014 (the
25effective date of Public Act 98-1098) this amendatory Act of
26the 98th General Assembly, each month, from the collections

 

 

HB5447 Enrolled- 596 -LRB100 16294 AMC 31417 b

1made under Section 9 of the Use Tax Act, Section 9 of the
2Service Use Tax Act, Section 9 of the Service Occupation Tax
3Act, and Section 3 of the Retailers' Occupation Tax Act, the
4Department shall pay into the Tax Compliance and Administration
5Fund, to be used, subject to appropriation, to fund additional
6auditors and compliance personnel at the Department of Revenue,
7an amount equal to 1/12 of 5% of 80% of the cash receipts
8collected during the preceding fiscal year by the Audit Bureau
9of the Department under the Use Tax Act, the Service Use Tax
10Act, the Service Occupation Tax Act, the Retailers' Occupation
11Tax Act, and associated local occupation and use taxes
12administered by the Department.
13    Of the remainder of the moneys received by the Department
14pursuant to this Act, 75% shall be paid into the General
15Revenue Fund of the State Treasury and 25% shall be reserved in
16a special account and used only for the transfer to the Common
17School Fund as part of the monthly transfer from the General
18Revenue Fund in accordance with Section 8a of the State Finance
19Act.
20    The Department may, upon separate written notice to a
21taxpayer, require the taxpayer to prepare and file with the
22Department on a form prescribed by the Department within not
23less than 60 days after receipt of the notice an annual
24information return for the tax year specified in the notice.
25Such annual return to the Department shall include a statement
26of gross receipts as shown by the taxpayer's last Federal

 

 

HB5447 Enrolled- 597 -LRB100 16294 AMC 31417 b

1income tax return. If the total receipts of the business as
2reported in the Federal income tax return do not agree with the
3gross receipts reported to the Department of Revenue for the
4same period, the taxpayer shall attach to his annual return a
5schedule showing a reconciliation of the 2 amounts and the
6reasons for the difference. The taxpayer's annual return to the
7Department shall also disclose the cost of goods sold by the
8taxpayer during the year covered by such return, opening and
9closing inventories of such goods for such year, cost of goods
10used from stock or taken from stock and given away by the
11taxpayer during such year, pay roll information of the
12taxpayer's business during such year and any additional
13reasonable information which the Department deems would be
14helpful in determining the accuracy of the monthly, quarterly
15or annual returns filed by such taxpayer as hereinbefore
16provided for in this Section.
17    If the annual information return required by this Section
18is not filed when and as required, the taxpayer shall be liable
19as follows:
20        (i) Until January 1, 1994, the taxpayer shall be liable
21    for a penalty equal to 1/6 of 1% of the tax due from such
22    taxpayer under this Act during the period to be covered by
23    the annual return for each month or fraction of a month
24    until such return is filed as required, the penalty to be
25    assessed and collected in the same manner as any other
26    penalty provided for in this Act.

 

 

HB5447 Enrolled- 598 -LRB100 16294 AMC 31417 b

1        (ii) On and after January 1, 1994, the taxpayer shall
2    be liable for a penalty as described in Section 3-4 of the
3    Uniform Penalty and Interest Act.
4    The chief executive officer, proprietor, owner or highest
5ranking manager shall sign the annual return to certify the
6accuracy of the information contained therein. Any person who
7willfully signs the annual return containing false or
8inaccurate information shall be guilty of perjury and punished
9accordingly. The annual return form prescribed by the
10Department shall include a warning that the person signing the
11return may be liable for perjury.
12    The foregoing portion of this Section concerning the filing
13of an annual information return shall not apply to a serviceman
14who is not required to file an income tax return with the
15United States Government.
16    As soon as possible after the first day of each month, upon
17certification of the Department of Revenue, the Comptroller
18shall order transferred and the Treasurer shall transfer from
19the General Revenue Fund to the Motor Fuel Tax Fund an amount
20equal to 1.7% of 80% of the net revenue realized under this Act
21for the second preceding month. Beginning April 1, 2000, this
22transfer is no longer required and shall not be made.
23    Net revenue realized for a month shall be the revenue
24collected by the State pursuant to this Act, less the amount
25paid out during that month as refunds to taxpayers for
26overpayment of liability.

 

 

HB5447 Enrolled- 599 -LRB100 16294 AMC 31417 b

1    For greater simplicity of administration, it shall be
2permissible for manufacturers, importers and wholesalers whose
3products are sold by numerous servicemen in Illinois, and who
4wish to do so, to assume the responsibility for accounting and
5paying to the Department all tax accruing under this Act with
6respect to such sales, if the servicemen who are affected do
7not make written objection to the Department to this
8arrangement.
9(Source: P.A. 99-352, eff. 8-12-15; 99-858, eff. 8-19-16;
10100-303, eff. 8-24-17; revised 10-31-17)
 
11    (Text of Section after amendment by P.A. 100-363)
12    Sec. 9. Each serviceman required or authorized to collect
13the tax herein imposed shall pay to the Department the amount
14of such tax at the time when he is required to file his return
15for the period during which such tax was collectible, less a
16discount of 2.1% prior to January 1, 1990, and 1.75% on and
17after January 1, 1990, or $5 per calendar year, whichever is
18greater, which is allowed to reimburse the serviceman for
19expenses incurred in collecting the tax, keeping records,
20preparing and filing returns, remitting the tax and supplying
21data to the Department on request. The discount allowed under
22this Section is allowed only for returns that are filed in the
23manner required by this Act. The Department may disallow the
24discount for servicemen whose certificate of registration is
25revoked at the time the return is filed, but only if the

 

 

HB5447 Enrolled- 600 -LRB100 16294 AMC 31417 b

1Department's decision to revoke the certificate of
2registration has become final.
3    Where such tangible personal property is sold under a
4conditional sales contract, or under any other form of sale
5wherein the payment of the principal sum, or a part thereof, is
6extended beyond the close of the period for which the return is
7filed, the serviceman, in collecting the tax may collect, for
8each tax return period, only the tax applicable to the part of
9the selling price actually received during such tax return
10period.
11    Except as provided hereinafter in this Section, on or
12before the twentieth day of each calendar month, such
13serviceman shall file a return for the preceding calendar month
14in accordance with reasonable rules and regulations to be
15promulgated by the Department of Revenue. Such return shall be
16filed on a form prescribed by the Department and shall contain
17such information as the Department may reasonably require. On
18and after January 1, 2018, with respect to servicemen whose
19annual gross receipts average $20,000 or more, all returns
20required to be filed pursuant to this Act shall be filed
21electronically. Servicemen who demonstrate that they do not
22have access to the Internet or demonstrate hardship in filing
23electronically may petition the Department to waive the
24electronic filing requirement.
25    The Department may require returns to be filed on a
26quarterly basis. If so required, a return for each calendar

 

 

HB5447 Enrolled- 601 -LRB100 16294 AMC 31417 b

1quarter shall be filed on or before the twentieth day of the
2calendar month following the end of such calendar quarter. The
3taxpayer shall also file a return with the Department for each
4of the first two months of each calendar quarter, on or before
5the twentieth day of the following calendar month, stating:
6        1. The name of the seller;
7        2. The address of the principal place of business from
8    which he engages in business as a serviceman in this State;
9        3. The total amount of taxable receipts received by him
10    during the preceding calendar month, including receipts
11    from charge and time sales, but less all deductions allowed
12    by law;
13        4. The amount of credit provided in Section 2d of this
14    Act;
15        5. The amount of tax due;
16        5-5. The signature of the taxpayer; and
17        6. Such other reasonable information as the Department
18    may require.
19    If a taxpayer fails to sign a return within 30 days after
20the proper notice and demand for signature by the Department,
21the return shall be considered valid and any amount shown to be
22due on the return shall be deemed assessed.
23    Prior to October 1, 2003, and on and after September 1,
242004 a serviceman may accept a Manufacturer's Purchase Credit
25certification from a purchaser in satisfaction of Service Use
26Tax as provided in Section 3-70 of the Service Use Tax Act if

 

 

HB5447 Enrolled- 602 -LRB100 16294 AMC 31417 b

1the purchaser provides the appropriate documentation as
2required by Section 3-70 of the Service Use Tax Act. A
3Manufacturer's Purchase Credit certification, accepted prior
4to October 1, 2003 or on or after September 1, 2004 by a
5serviceman as provided in Section 3-70 of the Service Use Tax
6Act, may be used by that serviceman to satisfy Service
7Occupation Tax liability in the amount claimed in the
8certification, not to exceed 6.25% of the receipts subject to
9tax from a qualifying purchase. A Manufacturer's Purchase
10Credit reported on any original or amended return filed under
11this Act after October 20, 2003 for reporting periods prior to
12September 1, 2004 shall be disallowed. Manufacturer's Purchase
13Credit reported on annual returns due on or after January 1,
142005 will be disallowed for periods prior to September 1, 2004.
15No Manufacturer's Purchase Credit may be used after September
1630, 2003 through August 31, 2004 to satisfy any tax liability
17imposed under this Act, including any audit liability.
18    If the serviceman's average monthly tax liability to the
19Department does not exceed $200, the Department may authorize
20his returns to be filed on a quarter annual basis, with the
21return for January, February and March of a given year being
22due by April 20 of such year; with the return for April, May
23and June of a given year being due by July 20 of such year; with
24the return for July, August and September of a given year being
25due by October 20 of such year, and with the return for
26October, November and December of a given year being due by

 

 

HB5447 Enrolled- 603 -LRB100 16294 AMC 31417 b

1January 20 of the following year.
2    If the serviceman's average monthly tax liability to the
3Department does not exceed $50, the Department may authorize
4his returns to be filed on an annual basis, with the return for
5a given year being due by January 20 of the following year.
6    Such quarter annual and annual returns, as to form and
7substance, shall be subject to the same requirements as monthly
8returns.
9    Notwithstanding any other provision in this Act concerning
10the time within which a serviceman may file his return, in the
11case of any serviceman who ceases to engage in a kind of
12business which makes him responsible for filing returns under
13this Act, such serviceman shall file a final return under this
14Act with the Department not more than 1 month after
15discontinuing such business.
16    Beginning October 1, 1993, a taxpayer who has an average
17monthly tax liability of $150,000 or more shall make all
18payments required by rules of the Department by electronic
19funds transfer. Beginning October 1, 1994, a taxpayer who has
20an average monthly tax liability of $100,000 or more shall make
21all payments required by rules of the Department by electronic
22funds transfer. Beginning October 1, 1995, a taxpayer who has
23an average monthly tax liability of $50,000 or more shall make
24all payments required by rules of the Department by electronic
25funds transfer. Beginning October 1, 2000, a taxpayer who has
26an annual tax liability of $200,000 or more shall make all

 

 

HB5447 Enrolled- 604 -LRB100 16294 AMC 31417 b

1payments required by rules of the Department by electronic
2funds transfer. The term "annual tax liability" shall be the
3sum of the taxpayer's liabilities under this Act, and under all
4other State and local occupation and use tax laws administered
5by the Department, for the immediately preceding calendar year.
6The term "average monthly tax liability" means the sum of the
7taxpayer's liabilities under this Act, and under all other
8State and local occupation and use tax laws administered by the
9Department, for the immediately preceding calendar year
10divided by 12. Beginning on October 1, 2002, a taxpayer who has
11a tax liability in the amount set forth in subsection (b) of
12Section 2505-210 of the Department of Revenue Law shall make
13all payments required by rules of the Department by electronic
14funds transfer.
15    Before August 1 of each year beginning in 1993, the
16Department shall notify all taxpayers required to make payments
17by electronic funds transfer. All taxpayers required to make
18payments by electronic funds transfer shall make those payments
19for a minimum of one year beginning on October 1.
20    Any taxpayer not required to make payments by electronic
21funds transfer may make payments by electronic funds transfer
22with the permission of the Department.
23    All taxpayers required to make payment by electronic funds
24transfer and any taxpayers authorized to voluntarily make
25payments by electronic funds transfer shall make those payments
26in the manner authorized by the Department.

 

 

HB5447 Enrolled- 605 -LRB100 16294 AMC 31417 b

1    The Department shall adopt such rules as are necessary to
2effectuate a program of electronic funds transfer and the
3requirements of this Section.
4    Where a serviceman collects the tax with respect to the
5selling price of tangible personal property which he sells and
6the purchaser thereafter returns such tangible personal
7property and the serviceman refunds the selling price thereof
8to the purchaser, such serviceman shall also refund, to the
9purchaser, the tax so collected from the purchaser. When filing
10his return for the period in which he refunds such tax to the
11purchaser, the serviceman may deduct the amount of the tax so
12refunded by him to the purchaser from any other Service
13Occupation Tax, Service Use Tax, Retailers' Occupation Tax or
14Use Tax which such serviceman may be required to pay or remit
15to the Department, as shown by such return, provided that the
16amount of the tax to be deducted shall previously have been
17remitted to the Department by such serviceman. If the
18serviceman shall not previously have remitted the amount of
19such tax to the Department, he shall be entitled to no
20deduction hereunder upon refunding such tax to the purchaser.
21    If experience indicates such action to be practicable, the
22Department may prescribe and furnish a combination or joint
23return which will enable servicemen, who are required to file
24returns hereunder and also under the Retailers' Occupation Tax
25Act, the Use Tax Act or the Service Use Tax Act, to furnish all
26the return information required by all said Acts on the one

 

 

HB5447 Enrolled- 606 -LRB100 16294 AMC 31417 b

1form.
2    Where the serviceman has more than one business registered
3with the Department under separate registrations hereunder,
4such serviceman shall file separate returns for each registered
5business.
6    Beginning January 1, 1990, each month the Department shall
7pay into the Local Government Tax Fund the revenue realized for
8the preceding month from the 1% tax on sales of food for human
9consumption which is to be consumed off the premises where it
10is sold (other than alcoholic beverages, soft drinks and food
11which has been prepared for immediate consumption) and
12prescription and nonprescription medicines, drugs, medical
13appliances, products classified as Class III medical devices by
14the United States Food and Drug Administration that are used
15for cancer treatment pursuant to a prescription, as well as any
16accessories and components related to those devices, and
17insulin, urine testing materials, syringes and needles used by
18diabetics.
19    Beginning January 1, 1990, each month the Department shall
20pay into the County and Mass Transit District Fund 4% of the
21revenue realized for the preceding month from the 6.25% general
22rate.
23    Beginning August 1, 2000, each month the Department shall
24pay into the County and Mass Transit District Fund 20% of the
25net revenue realized for the preceding month from the 1.25%
26rate on the selling price of motor fuel and gasohol.

 

 

HB5447 Enrolled- 607 -LRB100 16294 AMC 31417 b

1    Beginning January 1, 1990, each month the Department shall
2pay into the Local Government Tax Fund 16% of the revenue
3realized for the preceding month from the 6.25% general rate on
4transfers of tangible personal property.
5    Beginning August 1, 2000, each month the Department shall
6pay into the Local Government Tax Fund 80% of the net revenue
7realized for the preceding month from the 1.25% rate on the
8selling price of motor fuel and gasohol.
9    Beginning October 1, 2009, each month the Department shall
10pay into the Capital Projects Fund an amount that is equal to
11an amount estimated by the Department to represent 80% of the
12net revenue realized for the preceding month from the sale of
13candy, grooming and hygiene products, and soft drinks that had
14been taxed at a rate of 1% prior to September 1, 2009 but that
15are now taxed at 6.25%.
16    Beginning July 1, 2013, each month the Department shall pay
17into the Underground Storage Tank Fund from the proceeds
18collected under this Act, the Use Tax Act, the Service Use Tax
19Act, and the Retailers' Occupation Tax Act an amount equal to
20the average monthly deficit in the Underground Storage Tank
21Fund during the prior year, as certified annually by the
22Illinois Environmental Protection Agency, but the total
23payment into the Underground Storage Tank Fund under this Act,
24the Use Tax Act, the Service Use Tax Act, and the Retailers'
25Occupation Tax Act shall not exceed $18,000,000 in any State
26fiscal year. As used in this paragraph, the "average monthly

 

 

HB5447 Enrolled- 608 -LRB100 16294 AMC 31417 b

1deficit" shall be equal to the difference between the average
2monthly claims for payment by the fund and the average monthly
3revenues deposited into the fund, excluding payments made
4pursuant to this paragraph.
5    Beginning July 1, 2015, of the remainder of the moneys
6received by the Department under the Use Tax Act, the Service
7Use Tax Act, this Act, and the Retailers' Occupation Tax Act,
8each month the Department shall deposit $500,000 into the State
9Crime Laboratory Fund.
10    Of the remainder of the moneys received by the Department
11pursuant to this Act, (a) 1.75% thereof shall be paid into the
12Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
13and after July 1, 1989, 3.8% thereof shall be paid into the
14Build Illinois Fund; provided, however, that if in any fiscal
15year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
16may be, of the moneys received by the Department and required
17to be paid into the Build Illinois Fund pursuant to Section 3
18of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
19Act, Section 9 of the Service Use Tax Act, and Section 9 of the
20Service Occupation Tax Act, such Acts being hereinafter called
21the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
22may be, of moneys being hereinafter called the "Tax Act
23Amount", and (2) the amount transferred to the Build Illinois
24Fund from the State and Local Sales Tax Reform Fund shall be
25less than the Annual Specified Amount (as defined in Section 3
26of the Retailers' Occupation Tax Act), an amount equal to the

 

 

HB5447 Enrolled- 609 -LRB100 16294 AMC 31417 b

1difference shall be immediately paid into the Build Illinois
2Fund from other moneys received by the Department pursuant to
3the Tax Acts; and further provided, that if on the last
4business day of any month the sum of (1) the Tax Act Amount
5required to be deposited into the Build Illinois Account in the
6Build Illinois Fund during such month and (2) the amount
7transferred during such month to the Build Illinois Fund from
8the State and Local Sales Tax Reform Fund shall have been less
9than 1/12 of the Annual Specified Amount, an amount equal to
10the difference shall be immediately paid into the Build
11Illinois Fund from other moneys received by the Department
12pursuant to the Tax Acts; and, further provided, that in no
13event shall the payments required under the preceding proviso
14result in aggregate payments into the Build Illinois Fund
15pursuant to this clause (b) for any fiscal year in excess of
16the greater of (i) the Tax Act Amount or (ii) the Annual
17Specified Amount for such fiscal year; and, further provided,
18that the amounts payable into the Build Illinois Fund under
19this clause (b) shall be payable only until such time as the
20aggregate amount on deposit under each trust indenture securing
21Bonds issued and outstanding pursuant to the Build Illinois
22Bond Act is sufficient, taking into account any future
23investment income, to fully provide, in accordance with such
24indenture, for the defeasance of or the payment of the
25principal of, premium, if any, and interest on the Bonds
26secured by such indenture and on any Bonds expected to be

 

 

HB5447 Enrolled- 610 -LRB100 16294 AMC 31417 b

1issued thereafter and all fees and costs payable with respect
2thereto, all as certified by the Director of the Bureau of the
3Budget (now Governor's Office of Management and Budget). If on
4the last business day of any month in which Bonds are
5outstanding pursuant to the Build Illinois Bond Act, the
6aggregate of the moneys deposited in the Build Illinois Bond
7Account in the Build Illinois Fund in such month shall be less
8than the amount required to be transferred in such month from
9the Build Illinois Bond Account to the Build Illinois Bond
10Retirement and Interest Fund pursuant to Section 13 of the
11Build Illinois Bond Act, an amount equal to such deficiency
12shall be immediately paid from other moneys received by the
13Department pursuant to the Tax Acts to the Build Illinois Fund;
14provided, however, that any amounts paid to the Build Illinois
15Fund in any fiscal year pursuant to this sentence shall be
16deemed to constitute payments pursuant to clause (b) of the
17preceding sentence and shall reduce the amount otherwise
18payable for such fiscal year pursuant to clause (b) of the
19preceding sentence. The moneys received by the Department
20pursuant to this Act and required to be deposited into the
21Build Illinois Fund are subject to the pledge, claim and charge
22set forth in Section 12 of the Build Illinois Bond Act.
23    Subject to payment of amounts into the Build Illinois Fund
24as provided in the preceding paragraph or in any amendment
25thereto hereafter enacted, the following specified monthly
26installment of the amount requested in the certificate of the

 

 

HB5447 Enrolled- 611 -LRB100 16294 AMC 31417 b

1Chairman of the Metropolitan Pier and Exposition Authority
2provided under Section 8.25f of the State Finance Act, but not
3in excess of the sums designated as "Total Deposit", shall be
4deposited in the aggregate from collections under Section 9 of
5the Use Tax Act, Section 9 of the Service Use Tax Act, Section
69 of the Service Occupation Tax Act, and Section 3 of the
7Retailers' Occupation Tax Act into the McCormick Place
8Expansion Project Fund in the specified fiscal years.
9Fiscal YearTotal Deposit
101993         $0
111994 53,000,000
121995 58,000,000
131996 61,000,000
141997 64,000,000
151998 68,000,000
161999 71,000,000
172000 75,000,000
182001 80,000,000
192002 93,000,000
202003 99,000,000
212004103,000,000
222005108,000,000
232006113,000,000
242007119,000,000
252008126,000,000

 

 

HB5447 Enrolled- 612 -LRB100 16294 AMC 31417 b

12009132,000,000
22010139,000,000
32011146,000,000
42012153,000,000
52013161,000,000
62014170,000,000
72015179,000,000
82016189,000,000
92017199,000,000
102018210,000,000
112019221,000,000
122020233,000,000
132021246,000,000
142022260,000,000
152023275,000,000
162024 275,000,000
172025 275,000,000
182026 279,000,000
192027 292,000,000
202028 307,000,000
212029 322,000,000
222030 338,000,000
232031 350,000,000
242032 350,000,000
25and
26each fiscal year

 

 

HB5447 Enrolled- 613 -LRB100 16294 AMC 31417 b

1thereafter that bonds
2are outstanding under
3Section 13.2 of the
4Metropolitan Pier and
5Exposition Authority Act,
6but not after fiscal year 2060.
7    Beginning July 20, 1993 and in each month of each fiscal
8year thereafter, one-eighth of the amount requested in the
9certificate of the Chairman of the Metropolitan Pier and
10Exposition Authority for that fiscal year, less the amount
11deposited into the McCormick Place Expansion Project Fund by
12the State Treasurer in the respective month under subsection
13(g) of Section 13 of the Metropolitan Pier and Exposition
14Authority Act, plus cumulative deficiencies in the deposits
15required under this Section for previous months and years,
16shall be deposited into the McCormick Place Expansion Project
17Fund, until the full amount requested for the fiscal year, but
18not in excess of the amount specified above as "Total Deposit",
19has been deposited.
20    Subject to payment of amounts into the Build Illinois Fund
21and the McCormick Place Expansion Project Fund pursuant to the
22preceding paragraphs or in any amendments thereto hereafter
23enacted, beginning July 1, 1993 and ending on September 30,
242013, the Department shall each month pay into the Illinois Tax
25Increment Fund 0.27% of 80% of the net revenue realized for the
26preceding month from the 6.25% general rate on the selling

 

 

HB5447 Enrolled- 614 -LRB100 16294 AMC 31417 b

1price of tangible personal property.
2    Subject to payment of amounts into the Build Illinois Fund
3and the McCormick Place Expansion Project Fund pursuant to the
4preceding paragraphs or in any amendments thereto hereafter
5enacted, beginning with the receipt of the first report of
6taxes paid by an eligible business and continuing for a 25-year
7period, the Department shall each month pay into the Energy
8Infrastructure Fund 80% of the net revenue realized from the
96.25% general rate on the selling price of Illinois-mined coal
10that was sold to an eligible business. For purposes of this
11paragraph, the term "eligible business" means a new electric
12generating facility certified pursuant to Section 605-332 of
13the Department of Commerce and Economic Opportunity Law of the
14Civil Administrative Code of Illinois.
15    Subject to payment of amounts into the Build Illinois Fund,
16the McCormick Place Expansion Project Fund, the Illinois Tax
17Increment Fund, and the Energy Infrastructure Fund pursuant to
18the preceding paragraphs or in any amendments to this Section
19hereafter enacted, beginning on the first day of the first
20calendar month to occur on or after August 26, 2014 (the
21effective date of Public Act 98-1098) this amendatory Act of
22the 98th General Assembly, each month, from the collections
23made under Section 9 of the Use Tax Act, Section 9 of the
24Service Use Tax Act, Section 9 of the Service Occupation Tax
25Act, and Section 3 of the Retailers' Occupation Tax Act, the
26Department shall pay into the Tax Compliance and Administration

 

 

HB5447 Enrolled- 615 -LRB100 16294 AMC 31417 b

1Fund, to be used, subject to appropriation, to fund additional
2auditors and compliance personnel at the Department of Revenue,
3an amount equal to 1/12 of 5% of 80% of the cash receipts
4collected during the preceding fiscal year by the Audit Bureau
5of the Department under the Use Tax Act, the Service Use Tax
6Act, the Service Occupation Tax Act, the Retailers' Occupation
7Tax Act, and associated local occupation and use taxes
8administered by the Department.
9    Subject to payments of amounts into the Build Illinois
10Fund, the McCormick Place Expansion Project Fund, the Illinois
11Tax Increment Fund, the Energy Infrastructure Fund, and the Tax
12Compliance and Administration Fund as provided in this Section,
13beginning on July 1, 2018 the Department shall pay each month
14into the Downstate Public Transportation Fund the moneys
15required to be so paid under Section 2-3 of the Downstate
16Public Transportation Act.
17    Of the remainder of the moneys received by the Department
18pursuant to this Act, 75% shall be paid into the General
19Revenue Fund of the State Treasury and 25% shall be reserved in
20a special account and used only for the transfer to the Common
21School Fund as part of the monthly transfer from the General
22Revenue Fund in accordance with Section 8a of the State Finance
23Act.
24    The Department may, upon separate written notice to a
25taxpayer, require the taxpayer to prepare and file with the
26Department on a form prescribed by the Department within not

 

 

HB5447 Enrolled- 616 -LRB100 16294 AMC 31417 b

1less than 60 days after receipt of the notice an annual
2information return for the tax year specified in the notice.
3Such annual return to the Department shall include a statement
4of gross receipts as shown by the taxpayer's last Federal
5income tax return. If the total receipts of the business as
6reported in the Federal income tax return do not agree with the
7gross receipts reported to the Department of Revenue for the
8same period, the taxpayer shall attach to his annual return a
9schedule showing a reconciliation of the 2 amounts and the
10reasons for the difference. The taxpayer's annual return to the
11Department shall also disclose the cost of goods sold by the
12taxpayer during the year covered by such return, opening and
13closing inventories of such goods for such year, cost of goods
14used from stock or taken from stock and given away by the
15taxpayer during such year, pay roll information of the
16taxpayer's business during such year and any additional
17reasonable information which the Department deems would be
18helpful in determining the accuracy of the monthly, quarterly
19or annual returns filed by such taxpayer as hereinbefore
20provided for in this Section.
21    If the annual information return required by this Section
22is not filed when and as required, the taxpayer shall be liable
23as follows:
24        (i) Until January 1, 1994, the taxpayer shall be liable
25    for a penalty equal to 1/6 of 1% of the tax due from such
26    taxpayer under this Act during the period to be covered by

 

 

HB5447 Enrolled- 617 -LRB100 16294 AMC 31417 b

1    the annual return for each month or fraction of a month
2    until such return is filed as required, the penalty to be
3    assessed and collected in the same manner as any other
4    penalty provided for in this Act.
5        (ii) On and after January 1, 1994, the taxpayer shall
6    be liable for a penalty as described in Section 3-4 of the
7    Uniform Penalty and Interest Act.
8    The chief executive officer, proprietor, owner or highest
9ranking manager shall sign the annual return to certify the
10accuracy of the information contained therein. Any person who
11willfully signs the annual return containing false or
12inaccurate information shall be guilty of perjury and punished
13accordingly. The annual return form prescribed by the
14Department shall include a warning that the person signing the
15return may be liable for perjury.
16    The foregoing portion of this Section concerning the filing
17of an annual information return shall not apply to a serviceman
18who is not required to file an income tax return with the
19United States Government.
20    As soon as possible after the first day of each month, upon
21certification of the Department of Revenue, the Comptroller
22shall order transferred and the Treasurer shall transfer from
23the General Revenue Fund to the Motor Fuel Tax Fund an amount
24equal to 1.7% of 80% of the net revenue realized under this Act
25for the second preceding month. Beginning April 1, 2000, this
26transfer is no longer required and shall not be made.

 

 

HB5447 Enrolled- 618 -LRB100 16294 AMC 31417 b

1    Net revenue realized for a month shall be the revenue
2collected by the State pursuant to this Act, less the amount
3paid out during that month as refunds to taxpayers for
4overpayment of liability.
5    For greater simplicity of administration, it shall be
6permissible for manufacturers, importers and wholesalers whose
7products are sold by numerous servicemen in Illinois, and who
8wish to do so, to assume the responsibility for accounting and
9paying to the Department all tax accruing under this Act with
10respect to such sales, if the servicemen who are affected do
11not make written objection to the Department to this
12arrangement.
13(Source: P.A. 99-352, eff. 8-12-15; 99-858, eff. 8-19-16;
14100-303, eff. 8-24-17; 100-363, eff. 7-1-18; revised
1510-31-17.)
 
16    Section 215. The Retailers' Occupation Tax Act is amended
17by changing Sections 2-5, 2a, and 3 as follows:
 
18    (35 ILCS 120/2-5)
19    Sec. 2-5. Exemptions. Gross receipts from proceeds from the
20sale of the following tangible personal property are exempt
21from the tax imposed by this Act:
22        (1) Farm chemicals.
23        (2) Farm machinery and equipment, both new and used,
24    including that manufactured on special order, certified by

 

 

HB5447 Enrolled- 619 -LRB100 16294 AMC 31417 b

1    the purchaser to be used primarily for production
2    agriculture or State or federal agricultural programs,
3    including individual replacement parts for the machinery
4    and equipment, including machinery and equipment purchased
5    for lease, and including implements of husbandry defined in
6    Section 1-130 of the Illinois Vehicle Code, farm machinery
7    and agricultural chemical and fertilizer spreaders, and
8    nurse wagons required to be registered under Section 3-809
9    of the Illinois Vehicle Code, but excluding other motor
10    vehicles required to be registered under the Illinois
11    Vehicle Code. Horticultural polyhouses or hoop houses used
12    for propagating, growing, or overwintering plants shall be
13    considered farm machinery and equipment under this item
14    (2). Agricultural chemical tender tanks and dry boxes shall
15    include units sold separately from a motor vehicle required
16    to be licensed and units sold mounted on a motor vehicle
17    required to be licensed, if the selling price of the tender
18    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
22    not limited to, tractors, harvesters, sprayers, planters,
23    seeders, or spreaders. Precision farming equipment
24    includes, but is not limited to, soil testing sensors,
25    computers, monitors, software, global positioning and
26    mapping systems, and other such equipment.

 

 

HB5447 Enrolled- 620 -LRB100 16294 AMC 31417 b

1        Farm machinery and equipment also includes computers,
2    sensors, software, and related equipment used primarily in
3    the computer-assisted operation of production agriculture
4    facilities, equipment, and activities such as, but not
5    limited to, the collection, monitoring, and correlation of
6    animal and crop data for the purpose of formulating animal
7    diets and agricultural chemicals. This item (2) is exempt
8    from the provisions of Section 2-70.
9        (3) Until July 1, 2003, distillation machinery and
10    equipment, sold as a unit or kit, assembled or installed by
11    the retailer, certified by the user to be used only for the
12    production of ethyl alcohol that will be used for
13    consumption as motor fuel or as a component of motor fuel
14    for the personal use of the user, and not subject to sale
15    or resale.
16        (4) Until July 1, 2003 and beginning again September 1,
17    2004 through August 30, 2014, graphic arts machinery and
18    equipment, including repair and replacement parts, both
19    new and used, and including that manufactured on special
20    order or purchased for lease, certified by the purchaser to
21    be used primarily for graphic arts production. Equipment
22    includes chemicals or chemicals acting as catalysts but
23    only if the chemicals or chemicals acting as catalysts
24    effect a direct and immediate change upon a graphic arts
25    product. Beginning on July 1, 2017, graphic arts machinery
26    and equipment is included in the manufacturing and

 

 

HB5447 Enrolled- 621 -LRB100 16294 AMC 31417 b

1    assembling machinery and equipment exemption under
2    paragraph (14).
3        (5) A motor vehicle that is used for automobile
4    renting, as defined in the Automobile Renting Occupation
5    and Use Tax Act. This paragraph is exempt from the
6    provisions of Section 2-70.
7        (6) Personal property sold by a teacher-sponsored
8    student organization affiliated with an elementary or
9    secondary school located in Illinois.
10        (7) Until July 1, 2003, proceeds of that portion of the
11    selling price of a passenger car the sale of which is
12    subject to the Replacement Vehicle Tax.
13        (8) Personal property sold to an Illinois county fair
14    association for use in conducting, operating, or promoting
15    the county fair.
16        (9) Personal property sold to a not-for-profit arts or
17    cultural organization that establishes, by proof required
18    by the Department by rule, that it has received an
19    exemption under Section 501(c)(3) of the Internal Revenue
20    Code and that is organized and operated primarily for the
21    presentation or support of arts or cultural programming,
22    activities, or services. These organizations include, but
23    are not limited to, music and dramatic arts organizations
24    such as symphony orchestras and theatrical groups, arts and
25    cultural service organizations, local arts councils,
26    visual arts organizations, and media arts organizations.

 

 

HB5447 Enrolled- 622 -LRB100 16294 AMC 31417 b

1    On and after July 1, 2001 (the effective date of Public Act
2    92-35) this amendatory Act of the 92nd General Assembly,
3    however, an entity otherwise eligible for this exemption
4    shall not make tax-free purchases unless it has an active
5    identification number issued by the Department.
6        (10) Personal property sold by a corporation, society,
7    association, foundation, institution, or organization,
8    other than a limited liability company, that is organized
9    and operated as a not-for-profit service enterprise for the
10    benefit of persons 65 years of age or older if the personal
11    property was not purchased by the enterprise for the
12    purpose of resale by the enterprise.
13        (11) Personal property sold to a governmental body, to
14    a corporation, society, association, foundation, or
15    institution organized and operated exclusively for
16    charitable, religious, or educational purposes, or to a
17    not-for-profit corporation, society, association,
18    foundation, institution, or organization that has no
19    compensated officers or employees and that is organized and
20    operated primarily for the recreation of persons 55 years
21    of age or older. A limited liability company may qualify
22    for the exemption under this paragraph only if the limited
23    liability company is organized and operated exclusively
24    for educational purposes. On and after July 1, 1987,
25    however, no entity otherwise eligible for this exemption
26    shall make tax-free purchases unless it has an active

 

 

HB5447 Enrolled- 623 -LRB100 16294 AMC 31417 b

1    identification number issued by the Department.
2        (12) (Blank).
3        (12-5) On and after July 1, 2003 and through June 30,
4    2004, motor vehicles of the second division with a gross
5    vehicle weight in excess of 8,000 pounds that are subject
6    to the commercial distribution fee imposed under Section
7    3-815.1 of the Illinois Vehicle Code. Beginning on July 1,
8    2004 and through June 30, 2005, the use in this State of
9    motor vehicles of the second division: (i) with a gross
10    vehicle weight rating in excess of 8,000 pounds; (ii) that
11    are subject to the commercial distribution fee imposed
12    under Section 3-815.1 of the Illinois Vehicle Code; and
13    (iii) that are primarily used for commercial purposes.
14    Through June 30, 2005, this exemption applies to repair and
15    replacement parts added after the initial purchase of such
16    a motor vehicle if that motor vehicle is used in a manner
17    that would qualify for the rolling stock exemption
18    otherwise provided for in this Act. For purposes of this
19    paragraph, "used for commercial purposes" means the
20    transportation of persons or property in furtherance of any
21    commercial or industrial enterprise whether for-hire or
22    not.
23        (13) Proceeds from sales to owners, lessors, or
24    shippers of tangible personal property that is utilized by
25    interstate carriers for hire for use as rolling stock
26    moving in interstate commerce and equipment operated by a

 

 

HB5447 Enrolled- 624 -LRB100 16294 AMC 31417 b

1    telecommunications provider, licensed as a common carrier
2    by the Federal Communications Commission, which is
3    permanently installed in or affixed to aircraft moving in
4    interstate commerce.
5        (14) Machinery and equipment that will be used by the
6    purchaser, or a lessee of the purchaser, primarily in the
7    process of manufacturing or assembling tangible personal
8    property for wholesale or retail sale or lease, whether the
9    sale or lease is made directly by the manufacturer or by
10    some other person, whether the materials used in the
11    process are owned by the manufacturer or some other person,
12    or whether the sale or lease is made apart from or as an
13    incident to the seller's engaging in the service occupation
14    of producing machines, tools, dies, jigs, patterns,
15    gauges, or other similar items of no commercial value on
16    special order for a particular purchaser. The exemption
17    provided by this paragraph (14) does not include machinery
18    and equipment used in (i) the generation of electricity for
19    wholesale or retail sale; (ii) the generation or treatment
20    of natural or artificial gas for wholesale or retail sale
21    that is delivered to customers through pipes, pipelines, or
22    mains; or (iii) the treatment of water for wholesale or
23    retail sale that is delivered to customers through pipes,
24    pipelines, or mains. The provisions of Public Act 98-583
25    are declaratory of existing law as to the meaning and scope
26    of this exemption. Beginning on July 1, 2017, the exemption

 

 

HB5447 Enrolled- 625 -LRB100 16294 AMC 31417 b

1    provided by this paragraph (14) includes, but is not
2    limited to, graphic arts machinery and equipment, as
3    defined in paragraph (4) of this Section.
4        (15) Proceeds of mandatory service charges separately
5    stated on customers' bills for purchase and consumption of
6    food and beverages, to the extent that the proceeds of the
7    service charge are in fact turned over as tips or as a
8    substitute for tips to the employees who participate
9    directly in preparing, serving, hosting or cleaning up the
10    food or beverage function with respect to which the service
11    charge is imposed.
12        (16) Petroleum products sold to a purchaser if the
13    seller is prohibited by federal law from charging tax to
14    the purchaser.
15        (17) Tangible personal property sold to a common
16    carrier by rail or motor that receives the physical
17    possession of the property in Illinois and that transports
18    the property, or shares with another common carrier in the
19    transportation of the property, out of Illinois on a
20    standard uniform bill of lading showing the seller of the
21    property as the shipper or consignor of the property to a
22    destination outside Illinois, for use outside Illinois.
23        (18) Legal tender, currency, medallions, or gold or
24    silver coinage issued by the State of Illinois, the
25    government of the United States of America, or the
26    government of any foreign country, and bullion.

 

 

HB5447 Enrolled- 626 -LRB100 16294 AMC 31417 b

1        (19) Until July 1, 2003, oil field exploration,
2    drilling, and production equipment, including (i) rigs and
3    parts of rigs, rotary rigs, cable tool rigs, and workover
4    rigs, (ii) pipe and tubular goods, including casing and
5    drill strings, (iii) pumps and pump-jack units, (iv)
6    storage tanks and flow lines, (v) any individual
7    replacement part for oil field exploration, drilling, and
8    production equipment, and (vi) machinery and equipment
9    purchased for lease; but excluding motor vehicles required
10    to be registered under the Illinois Vehicle Code.
11        (20) Photoprocessing machinery and equipment,
12    including repair and replacement parts, both new and used,
13    including that manufactured on special order, certified by
14    the purchaser to be used primarily for photoprocessing, and
15    including photoprocessing machinery and equipment
16    purchased for lease.
17        (21) Coal and aggregate exploration, mining,
18    off-highway hauling, processing, maintenance, and
19    reclamation equipment, including replacement parts and
20    equipment, and including equipment purchased for lease,
21    but excluding motor vehicles required to be registered
22    under the Illinois Vehicle Code. The changes made to this
23    Section by Public Act 97-767 apply on and after July 1,
24    2003, but no claim for credit or refund is allowed on or
25    after August 16, 2013 (the effective date of Public Act
26    98-456) for such taxes paid during the period beginning

 

 

HB5447 Enrolled- 627 -LRB100 16294 AMC 31417 b

1    July 1, 2003 and ending on August 16, 2013 (the effective
2    date of Public Act 98-456).
3        (22) Until June 30, 2013, fuel and petroleum products
4    sold to or used by an air carrier, certified by the carrier
5    to be used for consumption, shipment, or storage in the
6    conduct of its business as an air common carrier, for a
7    flight destined for or returning from a location or
8    locations outside the United States without regard to
9    previous or subsequent domestic stopovers.
10        Beginning July 1, 2013, fuel and petroleum products
11    sold to or used by an air carrier, certified by the carrier
12    to be used for consumption, shipment, or storage in the
13    conduct of its business as an air common carrier, for a
14    flight that (i) is engaged in foreign trade or is engaged
15    in trade between the United States and any of its
16    possessions and (ii) transports at least one individual or
17    package for hire from the city of origination to the city
18    of final destination on the same aircraft, without regard
19    to a change in the flight number of that aircraft.
20        (23) A transaction in which the purchase order is
21    received by a florist who is located outside Illinois, but
22    who has a florist located in Illinois deliver the property
23    to the purchaser or the purchaser's donee in Illinois.
24        (24) Fuel consumed or used in the operation of ships,
25    barges, or vessels that are used primarily in or for the
26    transportation of property or the conveyance of persons for

 

 

HB5447 Enrolled- 628 -LRB100 16294 AMC 31417 b

1    hire on rivers bordering on this State if the fuel is
2    delivered by the seller to the purchaser's barge, ship, or
3    vessel while it is afloat upon that bordering river.
4        (25) Except as provided in item (25-5) of this Section,
5    a motor vehicle sold in this State to a nonresident even
6    though the motor vehicle is delivered to the nonresident in
7    this State, if the motor vehicle is not to be titled in
8    this State, and if a drive-away permit is issued to the
9    motor vehicle as provided in Section 3-603 of the Illinois
10    Vehicle Code or if the nonresident purchaser has vehicle
11    registration plates to transfer to the motor vehicle upon
12    returning to his or her home state. The issuance of the
13    drive-away permit or having the out-of-state registration
14    plates to be transferred is prima facie evidence that the
15    motor vehicle will not be titled in this State.
16        (25-5) The exemption under item (25) does not apply if
17    the state in which the motor vehicle will be titled does
18    not allow a reciprocal exemption for a motor vehicle sold
19    and delivered in that state to an Illinois resident but
20    titled in Illinois. The tax collected under this Act on the
21    sale of a motor vehicle in this State to a resident of
22    another state that does not allow a reciprocal exemption
23    shall be imposed at a rate equal to the state's rate of tax
24    on taxable property in the state in which the purchaser is
25    a resident, except that the tax shall not exceed the tax
26    that would otherwise be imposed under this Act. At the time

 

 

HB5447 Enrolled- 629 -LRB100 16294 AMC 31417 b

1    of the sale, the purchaser shall execute a statement,
2    signed under penalty of perjury, of his or her intent to
3    title the vehicle in the state in which the purchaser is a
4    resident within 30 days after the sale and of the fact of
5    the payment to the State of Illinois of tax in an amount
6    equivalent to the state's rate of tax on taxable property
7    in his or her state of residence and shall submit the
8    statement to the appropriate tax collection agency in his
9    or her state of residence. In addition, the retailer must
10    retain a signed copy of the statement in his or her
11    records. Nothing in this item shall be construed to require
12    the removal of the vehicle from this state following the
13    filing of an intent to title the vehicle in the purchaser's
14    state of residence if the purchaser titles the vehicle in
15    his or her state of residence within 30 days after the date
16    of sale. The tax collected under this Act in accordance
17    with this item (25-5) shall be proportionately distributed
18    as if the tax were collected at the 6.25% general rate
19    imposed under this Act.
20        (25-7) Beginning on July 1, 2007, no tax is imposed
21    under this Act on the sale of an aircraft, as defined in
22    Section 3 of the Illinois Aeronautics Act, if all of the
23    following conditions are met:
24            (1) the aircraft leaves this State within 15 days
25        after the later of either the issuance of the final
26        billing for the sale of the aircraft, or the authorized

 

 

HB5447 Enrolled- 630 -LRB100 16294 AMC 31417 b

1        approval for return to service, completion of the
2        maintenance record entry, and completion of the test
3        flight and ground test for inspection, as required by
4        14 C.F.R. 91.407;
5            (2) the aircraft is not based or registered in this
6        State after the sale of the aircraft; and
7            (3) the seller retains in his or her books and
8        records and provides to the Department a signed and
9        dated certification from the purchaser, on a form
10        prescribed by the Department, certifying that the
11        requirements of this item (25-7) are met. The
12        certificate must also include the name and address of
13        the purchaser, the address of the location where the
14        aircraft is to be titled or registered, the address of
15        the primary physical location of the aircraft, and
16        other information that the Department may reasonably
17        require.
18        For purposes of this item (25-7):
19        "Based in this State" means hangared, stored, or
20    otherwise used, excluding post-sale customizations as
21    defined in this Section, for 10 or more days in each
22    12-month period immediately following the date of the sale
23    of the aircraft.
24        "Registered in this State" means an aircraft
25    registered with the Department of Transportation,
26    Aeronautics Division, or titled or registered with the

 

 

HB5447 Enrolled- 631 -LRB100 16294 AMC 31417 b

1    Federal Aviation Administration to an address located in
2    this State.
3        This paragraph (25-7) is exempt from the provisions of
4    Section 2-70.
5        (26) Semen used for artificial insemination of
6    livestock for direct agricultural production.
7        (27) Horses, or interests in horses, registered with
8    and meeting the requirements of any of the Arabian Horse
9    Club Registry of America, Appaloosa Horse Club, American
10    Quarter Horse Association, United States Trotting
11    Association, or Jockey Club, as appropriate, used for
12    purposes of breeding or racing for prizes. This item (27)
13    is exempt from the provisions of Section 2-70, and the
14    exemption provided for under this item (27) applies for all
15    periods beginning May 30, 1995, but no claim for credit or
16    refund is allowed on or after January 1, 2008 (the
17    effective date of Public Act 95-88) for such taxes paid
18    during the period beginning May 30, 2000 and ending on
19    January 1, 2008 (the effective date of Public Act 95-88).
20        (28) Computers and communications equipment utilized
21    for any hospital purpose and equipment used in the
22    diagnosis, analysis, or treatment of hospital patients
23    sold to a lessor who leases the equipment, under a lease of
24    one year or longer executed or in effect at the time of the
25    purchase, to a hospital that has been issued an active tax
26    exemption identification number by the Department under

 

 

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1    Section 1g of this Act.
2        (29) Personal property sold to a lessor who leases the
3    property, under a lease of one year or longer executed or
4    in effect at the time of the purchase, to a governmental
5    body that has been issued an active tax exemption
6    identification number by the Department under Section 1g of
7    this Act.
8        (30) Beginning with taxable years ending on or after
9    December 31, 1995 and ending with taxable years ending on
10    or before December 31, 2004, personal property that is
11    donated for disaster relief to be used in a State or
12    federally declared disaster area in Illinois or bordering
13    Illinois by a manufacturer or retailer that is registered
14    in this State to a corporation, society, association,
15    foundation, or institution that has been issued a sales tax
16    exemption identification number by the Department that
17    assists victims of the disaster who reside within the
18    declared disaster area.
19        (31) Beginning with taxable years ending on or after
20    December 31, 1995 and ending with taxable years ending on
21    or before December 31, 2004, personal property that is used
22    in the performance of infrastructure repairs in this State,
23    including but not limited to municipal roads and streets,
24    access roads, bridges, sidewalks, waste disposal systems,
25    water and sewer line extensions, water distribution and
26    purification facilities, storm water drainage and

 

 

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1    retention facilities, and sewage treatment facilities,
2    resulting from a State or federally declared disaster in
3    Illinois or bordering Illinois when such repairs are
4    initiated on facilities located in the declared disaster
5    area within 6 months after the disaster.
6        (32) Beginning July 1, 1999, game or game birds sold at
7    a "game breeding and hunting preserve area" as that term is
8    used in the Wildlife Code. This paragraph is exempt from
9    the provisions of Section 2-70.
10        (33) A motor vehicle, as that term is defined in
11    Section 1-146 of the Illinois Vehicle Code, that is donated
12    to a corporation, limited liability company, society,
13    association, foundation, or institution that is determined
14    by the Department to be organized and operated exclusively
15    for educational purposes. For purposes of this exemption,
16    "a corporation, limited liability company, society,
17    association, foundation, or institution organized and
18    operated exclusively for educational purposes" means all
19    tax-supported public schools, private schools that offer
20    systematic instruction in useful branches of learning by
21    methods common to public schools and that compare favorably
22    in their scope and intensity with the course of study
23    presented in tax-supported schools, and vocational or
24    technical schools or institutes organized and operated
25    exclusively to provide a course of study of not less than 6
26    weeks duration and designed to prepare individuals to

 

 

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1    follow a trade or to pursue a manual, technical,
2    mechanical, industrial, business, or commercial
3    occupation.
4        (34) Beginning January 1, 2000, personal property,
5    including food, purchased through fundraising events for
6    the benefit of a public or private elementary or secondary
7    school, a group of those schools, or one or more school
8    districts if the events are sponsored by an entity
9    recognized by the school district that consists primarily
10    of volunteers and includes parents and teachers of the
11    school children. This paragraph does not apply to
12    fundraising events (i) for the benefit of private home
13    instruction or (ii) for which the fundraising entity
14    purchases the personal property sold at the events from
15    another individual or entity that sold the property for the
16    purpose of resale by the fundraising entity and that
17    profits from the sale to the fundraising entity. This
18    paragraph is exempt from the provisions of Section 2-70.
19        (35) Beginning January 1, 2000 and through December 31,
20    2001, new or used automatic vending machines that prepare
21    and serve hot food and beverages, including coffee, soup,
22    and other items, and replacement parts for these machines.
23    Beginning January 1, 2002 and through June 30, 2003,
24    machines and parts for machines used in commercial,
25    coin-operated amusement and vending business if a use or
26    occupation tax is paid on the gross receipts derived from

 

 

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1    the use of the commercial, coin-operated amusement and
2    vending machines. This paragraph is exempt from the
3    provisions of Section 2-70.
4        (35-5) Beginning August 23, 2001 and through June 30,
5    2016, food for human consumption that is to be consumed off
6    the premises where it is sold (other than alcoholic
7    beverages, soft drinks, and food that has been prepared for
8    immediate consumption) and prescription and
9    nonprescription medicines, drugs, medical appliances, and
10    insulin, urine testing materials, syringes, and needles
11    used by diabetics, for human use, when purchased for use by
12    a person receiving medical assistance under Article V of
13    the Illinois Public Aid Code who resides in a licensed
14    long-term care facility, as defined in the Nursing Home
15    Care Act, or a licensed facility as defined in the ID/DD
16    Community Care Act, the MC/DD Act, or the Specialized
17    Mental Health Rehabilitation Act of 2013.
18        (36) Beginning August 2, 2001, computers and
19    communications equipment utilized for any hospital purpose
20    and equipment used in the diagnosis, analysis, or treatment
21    of hospital patients sold to a lessor who leases the
22    equipment, under a lease of one year or longer executed or
23    in effect at the time of the purchase, to a hospital that
24    has been issued an active tax exemption identification
25    number by the Department under Section 1g of this Act. This
26    paragraph is exempt from the provisions of Section 2-70.

 

 

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1        (37) Beginning August 2, 2001, personal property sold
2    to a lessor who leases the property, under a lease of one
3    year or longer executed or in effect at the time of the
4    purchase, to a governmental body that has been issued an
5    active tax exemption identification number by the
6    Department under Section 1g of this Act. This paragraph is
7    exempt from the provisions of Section 2-70.
8        (38) Beginning on January 1, 2002 and through June 30,
9    2016, tangible personal property purchased from an
10    Illinois retailer by a taxpayer engaged in centralized
11    purchasing activities in Illinois who will, upon receipt of
12    the property in Illinois, temporarily store the property in
13    Illinois (i) for the purpose of subsequently transporting
14    it outside this State for use or consumption thereafter
15    solely outside this State or (ii) for the purpose of being
16    processed, fabricated, or manufactured into, attached to,
17    or incorporated into other tangible personal property to be
18    transported outside this State and thereafter used or
19    consumed solely outside this State. The Director of Revenue
20    shall, pursuant to rules adopted in accordance with the
21    Illinois Administrative Procedure Act, issue a permit to
22    any taxpayer in good standing with the Department who is
23    eligible for the exemption under this paragraph (38). The
24    permit issued under this paragraph (38) shall authorize the
25    holder, to the extent and in the manner specified in the
26    rules adopted under this Act, to purchase tangible personal

 

 

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1    property from a retailer exempt from the taxes imposed by
2    this Act. Taxpayers shall maintain all necessary books and
3    records to substantiate the use and consumption of all such
4    tangible personal property outside of the State of
5    Illinois.
6        (39) Beginning January 1, 2008, tangible personal
7    property used in the construction or maintenance of a
8    community water supply, as defined under Section 3.145 of
9    the Environmental Protection Act, that is operated by a
10    not-for-profit corporation that holds a valid water supply
11    permit issued under Title IV of the Environmental
12    Protection Act. This paragraph is exempt from the
13    provisions of Section 2-70.
14        (40) Beginning January 1, 2010, materials, parts,
15    equipment, components, and furnishings incorporated into
16    or upon an aircraft as part of the modification,
17    refurbishment, completion, replacement, repair, or
18    maintenance of the aircraft. This exemption includes
19    consumable supplies used in the modification,
20    refurbishment, completion, replacement, repair, and
21    maintenance of aircraft, but excludes any materials,
22    parts, equipment, components, and consumable supplies used
23    in the modification, replacement, repair, and maintenance
24    of aircraft engines or power plants, whether such engines
25    or power plants are installed or uninstalled upon any such
26    aircraft. "Consumable supplies" include, but are not

 

 

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1    limited to, adhesive, tape, sandpaper, general purpose
2    lubricants, cleaning solution, latex gloves, and
3    protective films. This exemption applies only to the sale
4    of qualifying tangible personal property to persons who
5    modify, refurbish, complete, replace, or maintain an
6    aircraft and who (i) hold an Air Agency Certificate and are
7    empowered to operate an approved repair station by the
8    Federal Aviation Administration, (ii) have a Class IV
9    Rating, and (iii) conduct operations in accordance with
10    Part 145 of the Federal Aviation Regulations. The exemption
11    does not include aircraft operated by a commercial air
12    carrier providing scheduled passenger air service pursuant
13    to authority issued under Part 121 or Part 129 of the
14    Federal Aviation Regulations. The changes made to this
15    paragraph (40) by Public Act 98-534 are declarative of
16    existing law.
17        (41) Tangible personal property sold to a
18    public-facilities corporation, as described in Section
19    11-65-10 of the Illinois Municipal Code, for purposes of
20    constructing or furnishing a municipal convention hall,
21    but only if the legal title to the municipal convention
22    hall is transferred to the municipality without any further
23    consideration by or on behalf of the municipality at the
24    time of the completion of the municipal convention hall or
25    upon the retirement or redemption of any bonds or other
26    debt instruments issued by the public-facilities

 

 

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1    corporation in connection with the development of the
2    municipal convention hall. This exemption includes
3    existing public-facilities corporations as provided in
4    Section 11-65-25 of the Illinois Municipal Code. This
5    paragraph is exempt from the provisions of Section 2-70.
6        (42) Beginning January 1, 2017, menstrual pads,
7    tampons, and menstrual cups.
8        (43) Merchandise that is subject to the Rental Purchase
9    Agreement Occupation and Use Tax. The purchaser must
10    certify that the item is purchased to be rented subject to
11    a rental purchase agreement, as defined in the Rental
12    Purchase Agreement Act, and provide proof of registration
13    under the Rental Purchase Agreement Occupation and Use Tax
14    Act. This paragraph is exempt from the provisions of
15    Section 2-70.
16(Source: P.A. 99-180, eff. 7-29-15; 99-855, eff. 8-19-16;
17100-22, eff. 7-6-17; 100-321, eff. 8-24-17; 100-437, eff.
181-1-18; revised 9-26-17.)
 
19    (35 ILCS 120/2a)  (from Ch. 120, par. 441a)
20    Sec. 2a. It is unlawful for any person to engage in the
21business of selling tangible personal property at retail in
22this State without a certificate of registration from the
23Department. Application for a certificate of registration
24shall be made to the Department upon forms furnished by it.
25Each such application shall be signed and verified and shall

 

 

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1state: (1) the name and social security number of the
2applicant; (2) the address of his principal place of business;
3(3) the address of the principal place of business from which
4he engages in the business of selling tangible personal
5property at retail in this State and the addresses of all other
6places of business, if any (enumerating such addresses, if any,
7in a separate list attached to and made a part of the
8application), from which he engages in the business of selling
9tangible personal property at retail in this State; (4) the
10name and address of the person or persons who will be
11responsible for filing returns and payment of taxes due under
12this Act; (5) in the case of a publicly traded corporation, the
13name and title of the Chief Financial Officer, Chief Operating
14Officer, and any other officer or employee with responsibility
15for preparing tax returns under this Act, and, in the case of
16all other corporations, the name, title, and social security
17number of each corporate officer; (6) in the case of a limited
18liability company, the name, social security number, and FEIN
19number of each manager and member; and (7) such other
20information as the Department may reasonably require. The
21application shall contain an acceptance of responsibility
22signed by the person or persons who will be responsible for
23filing returns and payment of the taxes due under this Act. If
24the applicant will sell tangible personal property at retail
25through vending machines, his application to register shall
26indicate the number of vending machines to be so operated. If

 

 

HB5447 Enrolled- 641 -LRB100 16294 AMC 31417 b

1requested by the Department at any time, that person shall
2verify the total number of vending machines he or she uses in
3his or her business of selling tangible personal property at
4retail.
5    The Department may deny a certificate of registration to
6any applicant if a person who is named as the owner, a partner,
7a manager or member of a limited liability company, or a
8corporate officer of the applicant on the application for the
9certificate of registration is or has been named as the owner,
10a partner, a manager or member of a limited liability company,
11or a corporate officer on the application for the certificate
12of registration of another retailer that is in default for
13moneys due under this Act or any other tax or fee Act
14administered by the Department. For purposes of this paragraph
15only, in determining whether a person is in default for moneys
16due, the Department shall include only amounts established as a
17final liability within the 20 years prior to the date of the
18Department's notice of denial of a certificate of registration.
19    The Department may require an applicant for a certificate
20of registration hereunder to, at the time of filing such
21application, furnish a bond from a surety company authorized to
22do business in the State of Illinois, or an irrevocable bank
23letter of credit or a bond signed by 2 personal sureties who
24have filed, with the Department, sworn statements disclosing
25net assets equal to at least 3 times the amount of the bond to
26be required of such applicant, or a bond secured by an

 

 

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1assignment of a bank account or certificate of deposit, stocks
2or bonds, conditioned upon the applicant paying to the State of
3Illinois all moneys becoming due under this Act and under any
4other State tax law or municipal or county tax ordinance or
5resolution under which the certificate of registration that is
6issued to the applicant under this Act will permit the
7applicant to engage in business without registering separately
8under such other law, ordinance or resolution. In making a
9determination as to whether to require a bond or other
10security, the Department shall take into consideration whether
11the owner, any partner, any manager or member of a limited
12liability company, or a corporate officer of the applicant is
13or has been the owner, a partner, a manager or member of a
14limited liability company, or a corporate officer of another
15retailer that is in default for moneys due under this Act or
16any other tax or fee Act administered by the Department; and
17whether the owner, any partner, any manager or member of a
18limited liability company, or a corporate officer of the
19applicant is or has been the owner, a partner, a manager or
20member of a limited liability company, or a corporate officer
21of another retailer whose certificate of registration has been
22revoked within the previous 5 years under this Act or any other
23tax or fee Act administered by the Department. If a bond or
24other security is required, the Department shall fix the amount
25of the bond or other security, taking into consideration the
26amount of money expected to become due from the applicant under

 

 

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1this Act and under any other State tax law or municipal or
2county tax ordinance or resolution under which the certificate
3of registration that is issued to the applicant under this Act
4will permit the applicant to engage in business without
5registering separately under such other law, ordinance, or
6resolution. The amount of security required by the Department
7shall be such as, in its opinion, will protect the State of
8Illinois against failure to pay the amount which may become due
9from the applicant under this Act and under any other State tax
10law or municipal or county tax ordinance or resolution under
11which the certificate of registration that is issued to the
12applicant under this Act will permit the applicant to engage in
13business without registering separately under such other law,
14ordinance or resolution, but the amount of the security
15required by the Department shall not exceed three times the
16amount of the applicant's average monthly tax liability, or
17$50,000.00, whichever amount is lower.
18    No certificate of registration under this Act shall be
19issued by the Department until the applicant provides the
20Department with satisfactory security, if required, as herein
21provided for.
22    Upon receipt of the application for certificate of
23registration in proper form, and upon approval by the
24Department of the security furnished by the applicant, if
25required, the Department shall issue to such applicant a
26certificate of registration which shall permit the person to

 

 

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1whom it is issued to engage in the business of selling tangible
2personal property at retail in this State. The certificate of
3registration shall be conspicuously displayed at the place of
4business which the person so registered states in his
5application to be the principal place of business from which he
6engages in the business of selling tangible personal property
7at retail in this State.
8    No certificate of registration issued prior to July 1, 2017
9to a taxpayer who files returns required by this Act on a
10monthly basis or renewed prior to July 1, 2017 by a taxpayer
11who files returns required by this Act on a monthly basis shall
12be valid after the expiration of 5 years from the date of its
13issuance or last renewal. No certificate of registration issued
14on or after July 1, 2017 to a taxpayer who files returns
15required by this Act on a monthly basis or renewed on or after
16July 1, 2017 by a taxpayer who files returns required by this
17Act on a monthly basis shall be valid after the expiration of
18one year from the date of its issuance or last renewal. The
19expiration date of a sub-certificate of registration shall be
20that of the certificate of registration to which the
21sub-certificate relates. Prior to July 1, 2017, a certificate
22of registration shall automatically be renewed, subject to
23revocation as provided by this Act, for an additional 5 years
24from the date of its expiration unless otherwise notified by
25the Department as provided by this paragraph. On and after July
261, 2017, a certificate of registration shall automatically be

 

 

HB5447 Enrolled- 645 -LRB100 16294 AMC 31417 b

1renewed, subject to revocation as provided by this Act, for an
2additional one year from the date of its expiration unless
3otherwise notified by the Department as provided by this
4paragraph.
5    Where a taxpayer to whom a certificate of registration is
6issued under this Act is in default to the State of Illinois
7for delinquent returns or for moneys due under this Act or any
8other State tax law or municipal or county ordinance
9administered or enforced by the Department, the Department
10shall, not less than 60 days before the expiration date of such
11certificate of registration, give notice to the taxpayer to
12whom the certificate was issued of the account period of the
13delinquent returns, the amount of tax, penalty and interest due
14and owing from the taxpayer, and that the certificate of
15registration shall not be automatically renewed upon its
16expiration date unless the taxpayer, on or before the date of
17expiration, has filed and paid the delinquent returns or paid
18the defaulted amount in full. A taxpayer to whom such a notice
19is issued shall be deemed an applicant for renewal. The
20Department shall promulgate regulations establishing
21procedures for taxpayers who file returns on a monthly basis
22but desire and qualify to change to a quarterly or yearly
23filing basis and will no longer be subject to renewal under
24this Section, and for taxpayers who file returns on a yearly or
25quarterly basis but who desire or are required to change to a
26monthly filing basis and will be subject to renewal under this

 

 

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1Section.
2    The Department may in its discretion approve renewal by an
3applicant who is in default if, at the time of application for
4renewal, the applicant files all of the delinquent returns or
5pays to the Department such percentage of the defaulted amount
6as may be determined by the Department and agrees in writing to
7waive all limitations upon the Department for collection of the
8remaining defaulted amount to the Department over a period not
9to exceed 5 years from the date of renewal of the certificate;
10however, no renewal application submitted by an applicant who
11is in default shall be approved if the immediately preceding
12renewal by the applicant was conditioned upon the installment
13payment agreement described in this Section. The payment
14agreement herein provided for shall be in addition to and not
15in lieu of the security that may be required by this Section of
16a taxpayer who is no longer considered a prior continuous
17compliance taxpayer. The execution of the payment agreement as
18provided in this Act shall not toll the accrual of interest at
19the statutory rate.
20    The Department may suspend a certificate of registration if
21the Department finds that the person to whom the certificate of
22registration has been issued knowingly sold contraband
23cigarettes.
24    A certificate of registration issued under this Act more
25than 5 years before January 1, 1990 (the effective date of
26Public Act 86-383) this amendatory Act of 1989 shall expire and

 

 

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1be subject to the renewal provisions of this Section on the
2next anniversary of the date of issuance of such certificate
3which occurs more than 6 months after January 1, 1990 (the
4effective date of Public Act 86-383) this amendatory Act of
51989. A certificate of registration issued less than 5 years
6before January 1, 1990 (the effective date of Public Act
786-383) this amendatory Act of 1989 shall expire and be subject
8to the renewal provisions of this Section on the 5th
9anniversary of the issuance of the certificate.
10    If the person so registered states that he operates other
11places of business from which he engages in the business of
12selling tangible personal property at retail in this State, the
13Department shall furnish him with a sub-certificate of
14registration for each such place of business, and the applicant
15shall display the appropriate sub-certificate of registration
16at each such place of business. All sub-certificates of
17registration shall bear the same registration number as that
18appearing upon the certificate of registration to which such
19sub-certificates relate.
20    If the applicant will sell tangible personal property at
21retail through vending machines, the Department shall furnish
22him with a sub-certificate of registration for each such
23vending machine, and the applicant shall display the
24appropriate sub-certificate of registration on each such
25vending machine by attaching the sub-certificate of
26registration to a conspicuous part of such vending machine. If

 

 

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1a person who is registered to sell tangible personal property
2at retail through vending machines adds an additional vending
3machine or additional vending machines to the number of vending
4machines he or she uses in his or her business of selling
5tangible personal property at retail, he or she shall notify
6the Department, on a form prescribed by the Department, to
7request an additional sub-certificate or additional
8sub-certificates of registration, as applicable. With each
9such request, the applicant shall report the number of
10sub-certificates of registration he or she is requesting as
11well as the total number of vending machines from which he or
12she makes retail sales.
13    Where the same person engages in 2 or more businesses of
14selling tangible personal property at retail in this State,
15which businesses are substantially different in character or
16engaged in under different trade names or engaged in under
17other substantially dissimilar circumstances (so that it is
18more practicable, from an accounting, auditing or bookkeeping
19standpoint, for such businesses to be separately registered),
20the Department may require or permit such person (subject to
21the same requirements concerning the furnishing of security as
22those that are provided for hereinbefore in this Section as to
23each application for a certificate of registration) to apply
24for and obtain a separate certificate of registration for each
25such business or for any of such businesses, under a single
26certificate of registration supplemented by related

 

 

HB5447 Enrolled- 649 -LRB100 16294 AMC 31417 b

1sub-certificates of registration.
2    Any person who is registered under the "Retailers'
3Occupation Tax Act" as of March 8, 1963, and who, during the
43-year period immediately prior to March 8, 1963, or during a
5continuous 3-year period part of which passed immediately
6before and the remainder of which passes immediately after
7March 8, 1963, has been so registered continuously and who is
8determined by the Department not to have been either delinquent
9or deficient in the payment of tax liability during that period
10under this Act or under any other State tax law or municipal or
11county tax ordinance or resolution under which the certificate
12of registration that is issued to the registrant under this Act
13will permit the registrant to engage in business without
14registering separately under such other law, ordinance or
15resolution, shall be considered to be a Prior Continuous
16Compliance taxpayer. Also any taxpayer who has, as verified by
17the Department, faithfully and continuously complied with the
18condition of his bond or other security under the provisions of
19this Act for a period of 3 consecutive years shall be
20considered to be a Prior Continuous Compliance taxpayer.
21    Every Prior Continuous Compliance taxpayer shall be exempt
22from all requirements under this Act concerning the furnishing
23of a bond or other security as a condition precedent to his
24being authorized to engage in the business of selling tangible
25personal property at retail in this State. This exemption shall
26continue for each such taxpayer until such time as he may be

 

 

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1determined by the Department to be delinquent in the filing of
2any returns, or is determined by the Department (either through
3the Department's issuance of a final assessment which has
4become final under the Act, or by the taxpayer's filing of a
5return which admits tax that is not paid to be due) to be
6delinquent or deficient in the paying of any tax under this Act
7or under any other State tax law or municipal or county tax
8ordinance or resolution under which the certificate of
9registration that is issued to the registrant under this Act
10will permit the registrant to engage in business without
11registering separately under such other law, ordinance or
12resolution, at which time that taxpayer shall become subject to
13all the financial responsibility requirements of this Act and,
14as a condition of being allowed to continue to engage in the
15business of selling tangible personal property at retail, may
16be required to post bond or other acceptable security with the
17Department covering liability which such taxpayer may
18thereafter incur. Any taxpayer who fails to pay an admitted or
19established liability under this Act may also be required to
20post bond or other acceptable security with this Department
21guaranteeing the payment of such admitted or established
22liability.
23    No certificate of registration shall be issued to any
24person who is in default to the State of Illinois for moneys
25due under this Act or under any other State tax law or
26municipal or county tax ordinance or resolution under which the

 

 

HB5447 Enrolled- 651 -LRB100 16294 AMC 31417 b

1certificate of registration that is issued to the applicant
2under this Act will permit the applicant to engage in business
3without registering separately under such other law, ordinance
4or resolution.
5    Any person aggrieved by any decision of the Department
6under this Section may, within 20 days after notice of such
7decision, protest and request a hearing, whereupon the
8Department shall give notice to such person of the time and
9place fixed for such hearing and shall hold a hearing in
10conformity with the provisions of this Act and then issue its
11final administrative decision in the matter to such person. In
12the absence of such a protest within 20 days, the Department's
13decision shall become final without any further determination
14being made or notice given.
15    With respect to security other than bonds (upon which the
16Department may sue in the event of a forfeiture), if the
17taxpayer fails to pay, when due, any amount whose payment such
18security guarantees, the Department shall, after such
19liability is admitted by the taxpayer or established by the
20Department through the issuance of a final assessment that has
21become final under the law, convert the security which that
22taxpayer has furnished into money for the State, after first
23giving the taxpayer at least 10 days' written notice, by
24registered or certified mail, to pay the liability or forfeit
25such security to the Department. If the security consists of
26stocks or bonds or other securities which are listed on a

 

 

HB5447 Enrolled- 652 -LRB100 16294 AMC 31417 b

1public exchange, the Department shall sell such securities
2through such public exchange. If the security consists of an
3irrevocable bank letter of credit, the Department shall convert
4the security in the manner provided for in the Uniform
5Commercial Code. If the security consists of a bank certificate
6of deposit, the Department shall convert the security into
7money by demanding and collecting the amount of such bank
8certificate of deposit from the bank which issued such
9certificate. If the security consists of a type of stocks or
10other securities which are not listed on a public exchange, the
11Department shall sell such security to the highest and best
12bidder after giving at least 10 days' notice of the date, time
13and place of the intended sale by publication in the "State
14Official Newspaper". If the Department realizes more than the
15amount of such liability from the security, plus the expenses
16incurred by the Department in converting the security into
17money, the Department shall pay such excess to the taxpayer who
18furnished such security, and the balance shall be paid into the
19State Treasury.
20    The Department shall discharge any surety and shall release
21and return any security deposited, assigned, pledged or
22otherwise provided to it by a taxpayer under this Section
23within 30 days after:
24        (1) such taxpayer becomes a Prior Continuous
25    Compliance taxpayer; or
26        (2) such taxpayer has ceased to collect receipts on

 

 

HB5447 Enrolled- 653 -LRB100 16294 AMC 31417 b

1    which he is required to remit tax to the Department, has
2    filed a final tax return, and has paid to the Department an
3    amount sufficient to discharge his remaining tax
4    liability, as determined by the Department, under this Act
5    and under every other State tax law or municipal or county
6    tax ordinance or resolution under which the certificate of
7    registration issued under this Act permits the registrant
8    to engage in business without registering separately under
9    such other law, ordinance or resolution. The Department
10    shall make a final determination of the taxpayer's
11    outstanding tax liability as expeditiously as possible
12    after his final tax return has been filed; if the
13    Department cannot make such final determination within 45
14    days after receiving the final tax return, within such
15    period it shall so notify the taxpayer, stating its reasons
16    therefor.
17(Source: P.A. 100-302, eff. 8-24-17; 100-303, eff. 8-24-17;
18revised 9-25-17.)
 
19    (35 ILCS 120/3)  (from Ch. 120, par. 442)
20    (Text of Section before amendment by P.A. 100-363)
21    Sec. 3. Except as provided in this Section, on or before
22the twentieth day of each calendar month, every person engaged
23in the business of selling tangible personal property at retail
24in this State during the preceding calendar month shall file a
25return with the Department, stating:

 

 

HB5447 Enrolled- 654 -LRB100 16294 AMC 31417 b

1        1. The name of the seller;
2        2. His residence address and the address of his
3    principal place of business and the address of the
4    principal place of business (if that is a different
5    address) from which he engages in the business of selling
6    tangible personal property at retail in this State;
7        3. Total amount of receipts received by him during the
8    preceding calendar month or quarter, as the case may be,
9    from sales of tangible personal property, and from services
10    furnished, by him during such preceding calendar month or
11    quarter;
12        4. Total amount received by him during the preceding
13    calendar month or quarter on charge and time sales of
14    tangible personal property, and from services furnished,
15    by him prior to the month or quarter for which the return
16    is filed;
17        5. Deductions allowed by law;
18        6. Gross receipts which were received by him during the
19    preceding calendar month or quarter and upon the basis of
20    which the tax is imposed;
21        7. The amount of credit provided in Section 2d of this
22    Act;
23        8. The amount of tax due;
24        9. The signature of the taxpayer; and
25        10. Such other reasonable information as the
26    Department may require.

 

 

HB5447 Enrolled- 655 -LRB100 16294 AMC 31417 b

1    On and after January 1, 2018, except for returns for motor
2vehicles, watercraft, aircraft, and trailers that are required
3to be registered with an agency of this State, with respect to
4retailers whose annual gross receipts average $20,000 or more,
5all returns required to be filed pursuant to this Act shall be
6filed electronically. Retailers who demonstrate that they do
7not have access to the Internet or demonstrate hardship in
8filing electronically may petition the Department to waive the
9electronic filing requirement.
10    If a taxpayer fails to sign a return within 30 days after
11the proper notice and demand for signature by the Department,
12the return shall be considered valid and any amount shown to be
13due on the return shall be deemed assessed.
14    Each return shall be accompanied by the statement of
15prepaid tax issued pursuant to Section 2e for which credit is
16claimed.
17    Prior to October 1, 2003, and on and after September 1,
182004 a retailer may accept a Manufacturer's Purchase Credit
19certification from a purchaser in satisfaction of Use Tax as
20provided in Section 3-85 of the Use Tax Act if the purchaser
21provides the appropriate documentation as required by Section
223-85 of the Use Tax Act. A Manufacturer's Purchase Credit
23certification, accepted by a retailer prior to October 1, 2003
24and on and after September 1, 2004 as provided in Section 3-85
25of the Use Tax Act, may be used by that retailer to satisfy
26Retailers' Occupation Tax liability in the amount claimed in

 

 

HB5447 Enrolled- 656 -LRB100 16294 AMC 31417 b

1the certification, not to exceed 6.25% of the receipts subject
2to tax from a qualifying purchase. A Manufacturer's Purchase
3Credit reported on any original or amended return filed under
4this Act after October 20, 2003 for reporting periods prior to
5September 1, 2004 shall be disallowed. Manufacturer's
6Purchaser Credit reported on annual returns due on or after
7January 1, 2005 will be disallowed for periods prior to
8September 1, 2004. No Manufacturer's Purchase Credit may be
9used after September 30, 2003 through August 31, 2004 to
10satisfy any tax liability imposed under this Act, including any
11audit liability.
12    The Department may require returns to be filed on a
13quarterly basis. If so required, a return for each calendar
14quarter shall be filed on or before the twentieth day of the
15calendar month following the end of such calendar quarter. The
16taxpayer shall also file a return with the Department for each
17of the first two months of each calendar quarter, on or before
18the twentieth day of the following calendar month, stating:
19        1. The name of the seller;
20        2. The address of the principal place of business from
21    which he engages in the business of selling tangible
22    personal property at retail in this State;
23        3. The total amount of taxable receipts received by him
24    during the preceding calendar month from sales of tangible
25    personal property by him during such preceding calendar
26    month, including receipts from charge and time sales, but

 

 

HB5447 Enrolled- 657 -LRB100 16294 AMC 31417 b

1    less all deductions allowed by law;
2        4. The amount of credit provided in Section 2d of this
3    Act;
4        5. The amount of tax due; and
5        6. Such other reasonable information as the Department
6    may require.
7    Beginning on October 1, 2003, any person who is not a
8licensed distributor, importing distributor, or manufacturer,
9as defined in the Liquor Control Act of 1934, but is engaged in
10the business of selling, at retail, alcoholic liquor shall file
11a statement with the Department of Revenue, in a format and at
12a time prescribed by the Department, showing the total amount
13paid for alcoholic liquor purchased during the preceding month
14and such other information as is reasonably required by the
15Department. The Department may adopt rules to require that this
16statement be filed in an electronic or telephonic format. Such
17rules may provide for exceptions from the filing requirements
18of this paragraph. For the purposes of this paragraph, the term
19"alcoholic liquor" shall have the meaning prescribed in the
20Liquor Control Act of 1934.
21    Beginning on October 1, 2003, every distributor, importing
22distributor, and manufacturer of alcoholic liquor as defined in
23the Liquor Control Act of 1934, shall file a statement with the
24Department of Revenue, no later than the 10th day of the month
25for the preceding month during which transactions occurred, by
26electronic means, showing the total amount of gross receipts

 

 

HB5447 Enrolled- 658 -LRB100 16294 AMC 31417 b

1from the sale of alcoholic liquor sold or distributed during
2the preceding month to purchasers; identifying the purchaser to
3whom it was sold or distributed; the purchaser's tax
4registration number; and such other information reasonably
5required by the Department. A distributor, importing
6distributor, or manufacturer of alcoholic liquor must
7personally deliver, mail, or provide by electronic means to
8each retailer listed on the monthly statement a report
9containing a cumulative total of that distributor's, importing
10distributor's, or manufacturer's total sales of alcoholic
11liquor to that retailer no later than the 10th day of the month
12for the preceding month during which the transaction occurred.
13The distributor, importing distributor, or manufacturer shall
14notify the retailer as to the method by which the distributor,
15importing distributor, or manufacturer will provide the sales
16information. If the retailer is unable to receive the sales
17information by electronic means, the distributor, importing
18distributor, or manufacturer shall furnish the sales
19information by personal delivery or by mail. For purposes of
20this paragraph, the term "electronic means" includes, but is
21not limited to, the use of a secure Internet website, e-mail,
22or facsimile.
23    If a total amount of less than $1 is payable, refundable or
24creditable, such amount shall be disregarded if it is less than
2550 cents and shall be increased to $1 if it is 50 cents or more.
26    Beginning October 1, 1993, a taxpayer who has an average

 

 

HB5447 Enrolled- 659 -LRB100 16294 AMC 31417 b

1monthly tax liability of $150,000 or more shall make all
2payments required by rules of the Department by electronic
3funds transfer. Beginning October 1, 1994, a taxpayer who has
4an average monthly tax liability of $100,000 or more shall make
5all payments required by rules of the Department by electronic
6funds transfer. Beginning October 1, 1995, a taxpayer who has
7an average monthly tax liability of $50,000 or more shall make
8all payments required by rules of the Department by electronic
9funds transfer. Beginning October 1, 2000, a taxpayer who has
10an annual tax liability of $200,000 or more shall make all
11payments required by rules of the Department by electronic
12funds transfer. The term "annual tax liability" shall be the
13sum of the taxpayer's liabilities under this Act, and under all
14other State and local occupation and use tax laws administered
15by the Department, for the immediately preceding calendar year.
16The term "average monthly tax liability" shall be the sum of
17the taxpayer's liabilities under this Act, and under all other
18State and local occupation and use tax laws administered by the
19Department, for the immediately preceding calendar year
20divided by 12. Beginning on October 1, 2002, a taxpayer who has
21a tax liability in the amount set forth in subsection (b) of
22Section 2505-210 of the Department of Revenue Law shall make
23all payments required by rules of the Department by electronic
24funds transfer.
25    Before August 1 of each year beginning in 1993, the
26Department shall notify all taxpayers required to make payments

 

 

HB5447 Enrolled- 660 -LRB100 16294 AMC 31417 b

1by electronic funds transfer. All taxpayers required to make
2payments by electronic funds transfer shall make those payments
3for a minimum of one year beginning on October 1.
4    Any taxpayer not required to make payments by electronic
5funds transfer may make payments by electronic funds transfer
6with the permission of the Department.
7    All taxpayers required to make payment by electronic funds
8transfer and any taxpayers authorized to voluntarily make
9payments by electronic funds transfer shall make those payments
10in the manner authorized by the Department.
11    The Department shall adopt such rules as are necessary to
12effectuate a program of electronic funds transfer and the
13requirements of this Section.
14    Any amount which is required to be shown or reported on any
15return or other document under this Act shall, if such amount
16is not a whole-dollar amount, be increased to the nearest
17whole-dollar amount in any case where the fractional part of a
18dollar is 50 cents or more, and decreased to the nearest
19whole-dollar amount where the fractional part of a dollar is
20less than 50 cents.
21    If the retailer is otherwise required to file a monthly
22return and if the retailer's average monthly tax liability to
23the Department does not exceed $200, the Department may
24authorize his returns to be filed on a quarter annual basis,
25with the return for January, February and March of a given year
26being due by April 20 of such year; with the return for April,

 

 

HB5447 Enrolled- 661 -LRB100 16294 AMC 31417 b

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

 

 

HB5447 Enrolled- 662 -LRB100 16294 AMC 31417 b

1    In addition, with respect to motor vehicles, watercraft,
2aircraft, and trailers that are required to be registered with
3an agency of this State, every retailer selling this kind of
4tangible personal property shall file, with the Department,
5upon a form to be prescribed and supplied by the Department, a
6separate return for each such item of tangible personal
7property which the retailer sells, except that if, in the same
8transaction, (i) a retailer of aircraft, watercraft, motor
9vehicles or trailers transfers more than one aircraft,
10watercraft, motor vehicle or trailer to another aircraft,
11watercraft, motor vehicle retailer or trailer retailer for the
12purpose of resale or (ii) a retailer of aircraft, watercraft,
13motor vehicles, or trailers transfers more than one aircraft,
14watercraft, motor vehicle, or trailer to a purchaser for use as
15a qualifying rolling stock as provided in Section 2-5 of this
16Act, then that seller may report the transfer of all aircraft,
17watercraft, motor vehicles or trailers involved in that
18transaction to the Department on the same uniform
19invoice-transaction reporting return form. For purposes of
20this Section, "watercraft" means a Class 2, Class 3, or Class 4
21watercraft as defined in Section 3-2 of the Boat Registration
22and Safety Act, a personal watercraft, or any boat equipped
23with an inboard motor.
24    Any retailer who sells only motor vehicles, watercraft,
25aircraft, or trailers that are required to be registered with
26an agency of this State, so that all retailers' occupation tax

 

 

HB5447 Enrolled- 663 -LRB100 16294 AMC 31417 b

1liability is required to be reported, and is reported, on such
2transaction reporting returns and who is not otherwise required
3to file monthly or quarterly returns, need not file monthly or
4quarterly returns. However, those retailers shall be required
5to file returns on an annual basis.
6    The transaction reporting return, in the case of motor
7vehicles or trailers that are required to be registered with an
8agency of this State, shall be the same document as the Uniform
9Invoice referred to in Section 5-402 of The Illinois Vehicle
10Code and must show the name and address of the seller; the name
11and address of the purchaser; the amount of the selling price
12including the amount allowed by the retailer for traded-in
13property, if any; the amount allowed by the retailer for the
14traded-in tangible personal property, if any, to the extent to
15which Section 1 of this Act allows an exemption for the value
16of traded-in property; the balance payable after deducting such
17trade-in allowance from the total selling price; the amount of
18tax due from the retailer with respect to such transaction; the
19amount of tax collected from the purchaser by the retailer on
20such transaction (or satisfactory evidence that such tax is not
21due in that particular instance, if that is claimed to be the
22fact); the place and date of the sale; a sufficient
23identification of the property sold; such other information as
24is required in Section 5-402 of The Illinois Vehicle Code, and
25such other information as the Department may reasonably
26require.

 

 

HB5447 Enrolled- 664 -LRB100 16294 AMC 31417 b

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

 

 

HB5447 Enrolled- 665 -LRB100 16294 AMC 31417 b

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

 

 

HB5447 Enrolled- 666 -LRB100 16294 AMC 31417 b

1retailer is willing to take these actions and such user has not
2paid the tax to the retailer, such user may certify to the fact
3of such delay by the retailer and may (upon the Department
4being satisfied of the truth of such certification) transmit
5the information required by the transaction reporting return
6and the remittance for tax or proof of exemption directly to
7the Department and obtain his tax receipt or exemption
8determination, in which event the transaction reporting return
9and tax remittance (if a tax payment was required) shall be
10credited by the Department to the proper retailer's account
11with the Department, but without the 2.1% or 1.75% discount
12provided for in this Section being allowed. When the user pays
13the tax directly to the Department, he shall pay the tax in the
14same amount and in the same form in which it would be remitted
15if the tax had been remitted to the Department by the retailer.
16    Refunds made by the seller during the preceding return
17period to purchasers, on account of tangible personal property
18returned to the seller, shall be allowed as a deduction under
19subdivision 5 of his monthly or quarterly return, as the case
20may be, in case the seller had theretofore included the
21receipts from the sale of such tangible personal property in a
22return filed by him and had paid the tax imposed by this Act
23with respect to such receipts.
24    Where the seller is a corporation, the return filed on
25behalf of such corporation shall be signed by the president,
26vice-president, secretary or treasurer or by the properly

 

 

HB5447 Enrolled- 667 -LRB100 16294 AMC 31417 b

1accredited agent of such corporation.
2    Where the seller is a limited liability company, the return
3filed on behalf of the limited liability company shall be
4signed by a manager, member, or properly accredited agent of
5the limited liability company.
6    Except as provided in this Section, the retailer filing the
7return under this Section shall, at the time of filing such
8return, pay to the Department the amount of tax imposed by this
9Act less a discount of 2.1% prior to January 1, 1990 and 1.75%
10on and after January 1, 1990, or $5 per calendar year,
11whichever is greater, which is allowed to reimburse the
12retailer for the expenses incurred in keeping records,
13preparing and filing returns, remitting the tax and supplying
14data to the Department on request. Any prepayment made pursuant
15to Section 2d of this Act shall be included in the amount on
16which such 2.1% or 1.75% discount is computed. In the case of
17retailers who report and pay the tax on a transaction by
18transaction basis, as provided in this Section, such discount
19shall be taken with each such tax remittance instead of when
20such retailer files his periodic return. The discount allowed
21under this Section is allowed only for returns that are filed
22in the manner required by this Act. The Department may disallow
23the discount for retailers whose certificate of registration is
24revoked at the time the return is filed, but only if the
25Department's decision to revoke the certificate of
26registration has become final.

 

 

HB5447 Enrolled- 668 -LRB100 16294 AMC 31417 b

1    Before October 1, 2000, if the taxpayer's average monthly
2tax liability to the Department under this Act, the Use Tax
3Act, the Service Occupation Tax Act, and the Service Use Tax
4Act, excluding any liability for prepaid sales tax to be
5remitted in accordance with Section 2d of this Act, was $10,000
6or more during the preceding 4 complete calendar quarters, he
7shall file a return with the Department each month by the 20th
8day of the month next following the month during which such tax
9liability is incurred and shall make payments to the Department
10on or before the 7th, 15th, 22nd and last day of the month
11during which such liability is incurred. On and after October
121, 2000, if the taxpayer's average monthly tax liability to the
13Department under this Act, the Use Tax Act, the Service
14Occupation Tax Act, and the Service Use Tax Act, excluding any
15liability for prepaid sales tax to be remitted in accordance
16with Section 2d of this Act, was $20,000 or more during the
17preceding 4 complete calendar quarters, he shall file a return
18with the Department each month by the 20th day of the month
19next following the month during which such tax liability is
20incurred and shall make payment to the Department on or before
21the 7th, 15th, 22nd and last day of the month during which such
22liability is incurred. If the month during which such tax
23liability is incurred began prior to January 1, 1985, each
24payment shall be in an amount equal to 1/4 of the taxpayer's
25actual liability for the month or an amount set by the
26Department not to exceed 1/4 of the average monthly liability

 

 

HB5447 Enrolled- 669 -LRB100 16294 AMC 31417 b

1of the taxpayer to the Department for the preceding 4 complete
2calendar quarters (excluding the month of highest liability and
3the month of lowest liability in such 4 quarter period). If the
4month during which such tax liability is incurred begins on or
5after January 1, 1985 and prior to January 1, 1987, each
6payment shall be in an amount equal to 22.5% of the taxpayer's
7actual liability for the month or 27.5% of the taxpayer's
8liability for the same calendar month of the preceding year. If
9the month during which such tax liability is incurred begins on
10or after January 1, 1987 and prior to January 1, 1988, each
11payment shall be in an amount equal to 22.5% of the taxpayer's
12actual liability for the month or 26.25% of the taxpayer's
13liability for the same calendar month of the preceding year. If
14the month during which such tax liability is incurred begins on
15or after January 1, 1988, and prior to January 1, 1989, or
16begins on or after January 1, 1996, each payment shall be in an
17amount equal to 22.5% of the taxpayer's actual liability for
18the month or 25% of the taxpayer's liability for the same
19calendar month of the preceding year. If the month during which
20such tax liability is incurred begins on or after January 1,
211989, and prior to January 1, 1996, each payment shall be in an
22amount equal to 22.5% of the taxpayer's actual liability for
23the month or 25% of the taxpayer's liability for the same
24calendar month of the preceding year or 100% of the taxpayer's
25actual liability for the quarter monthly reporting period. The
26amount of such quarter monthly payments shall be credited

 

 

HB5447 Enrolled- 670 -LRB100 16294 AMC 31417 b

1against the final tax liability of the taxpayer's return for
2that month. Before October 1, 2000, once applicable, the
3requirement of the making of quarter monthly payments to the
4Department by taxpayers having an average monthly tax liability
5of $10,000 or more as determined in the manner provided above
6shall continue until such taxpayer's average monthly liability
7to the Department during the preceding 4 complete calendar
8quarters (excluding the month of highest liability and the
9month of lowest liability) is less than $9,000, or until such
10taxpayer's average monthly liability to the Department as
11computed for each calendar quarter of the 4 preceding complete
12calendar quarter period is less than $10,000. However, if a
13taxpayer can show the Department that a substantial change in
14the taxpayer's business has occurred which causes the taxpayer
15to anticipate that his average monthly tax liability for the
16reasonably foreseeable future will fall below the $10,000
17threshold stated above, then such taxpayer may petition the
18Department for a change in such taxpayer's reporting status. On
19and after October 1, 2000, once applicable, the requirement of
20the making of quarter monthly payments to the Department by
21taxpayers having an average monthly tax liability of $20,000 or
22more as determined in the manner provided above shall continue
23until such taxpayer's average monthly liability to the
24Department during the preceding 4 complete calendar quarters
25(excluding the month of highest liability and the month of
26lowest liability) is less than $19,000 or until such taxpayer's

 

 

HB5447 Enrolled- 671 -LRB100 16294 AMC 31417 b

1average monthly liability to the Department as computed for
2each calendar quarter of the 4 preceding complete calendar
3quarter period is less than $20,000. However, if a taxpayer can
4show the Department that a substantial change in the taxpayer's
5business has occurred which causes the taxpayer to anticipate
6that his average monthly tax liability for the reasonably
7foreseeable future will fall below the $20,000 threshold stated
8above, then such taxpayer may petition the Department for a
9change in such taxpayer's reporting status. The Department
10shall change such taxpayer's reporting status unless it finds
11that such change is seasonal in nature and not likely to be
12long term. If any such quarter monthly payment is not paid at
13the time or in the amount required by this Section, then the
14taxpayer shall be liable for penalties and interest on the
15difference between the minimum amount due as a payment and the
16amount of such quarter monthly payment actually and timely
17paid, except insofar as the taxpayer has previously made
18payments for that month to the Department in excess of the
19minimum payments previously due as provided in this Section.
20The Department shall make reasonable rules and regulations to
21govern the quarter monthly payment amount and quarter monthly
22payment dates for taxpayers who file on other than a calendar
23monthly basis.
24    The provisions of this paragraph apply before October 1,
252001. Without regard to whether a taxpayer is required to make
26quarter monthly payments as specified above, any taxpayer who

 

 

HB5447 Enrolled- 672 -LRB100 16294 AMC 31417 b

1is required by Section 2d of this Act to collect and remit
2prepaid taxes and has collected prepaid taxes which average in
3excess of $25,000 per month during the preceding 2 complete
4calendar quarters, shall file a return with the Department as
5required by Section 2f and shall make payments to the
6Department on or before the 7th, 15th, 22nd and last day of the
7month during which such liability is incurred. If the month
8during which such tax liability is incurred began prior to
9September 1, 1985 (the effective date of Public Act 84-221),
10each payment shall be in an amount not less than 22.5% of the
11taxpayer's actual liability under Section 2d. If the month
12during which such tax liability is incurred begins on or after
13January 1, 1986, each payment shall be in an amount equal to
1422.5% of the taxpayer's actual liability for the month or 27.5%
15of the taxpayer's liability for the same calendar month of the
16preceding calendar year. If the month during which such tax
17liability is incurred begins on or after January 1, 1987, each
18payment shall be in an amount equal to 22.5% of the taxpayer's
19actual liability for the month or 26.25% of the taxpayer's
20liability for the same calendar month of the preceding year.
21The amount of such quarter monthly payments shall be credited
22against the final tax liability of the taxpayer's return for
23that month filed under this Section or Section 2f, as the case
24may be. Once applicable, the requirement of the making of
25quarter monthly payments to the Department pursuant to this
26paragraph shall continue until such taxpayer's average monthly

 

 

HB5447 Enrolled- 673 -LRB100 16294 AMC 31417 b

1prepaid tax collections during the preceding 2 complete
2calendar quarters is $25,000 or less. If any such quarter
3monthly payment is not paid at the time or in the amount
4required, the taxpayer shall be liable for penalties and
5interest on such difference, except insofar as the taxpayer has
6previously made payments for that month in excess of the
7minimum payments previously due.
8    The provisions of this paragraph apply on and after October
91, 2001. Without regard to whether a taxpayer is required to
10make quarter monthly payments as specified above, any taxpayer
11who is required by Section 2d of this Act to collect and remit
12prepaid taxes and has collected prepaid taxes that average in
13excess of $20,000 per month during the preceding 4 complete
14calendar quarters shall file a return with the Department as
15required by Section 2f and shall make payments to the
16Department on or before the 7th, 15th, 22nd and last day of the
17month during which the liability is incurred. Each payment
18shall be in an amount equal to 22.5% of the taxpayer's actual
19liability for the month or 25% of the taxpayer's liability for
20the same calendar month of the preceding year. The amount of
21the quarter monthly payments shall be credited against the
22final tax liability of the taxpayer's return for that month
23filed under this Section or Section 2f, as the case may be.
24Once applicable, the requirement of the making of quarter
25monthly payments to the Department pursuant to this paragraph
26shall continue until the taxpayer's average monthly prepaid tax

 

 

HB5447 Enrolled- 674 -LRB100 16294 AMC 31417 b

1collections during the preceding 4 complete calendar quarters
2(excluding the month of highest liability and the month of
3lowest liability) is less than $19,000 or until such taxpayer's
4average monthly liability to the Department as computed for
5each calendar quarter of the 4 preceding complete calendar
6quarters is less than $20,000. If any such quarter monthly
7payment is not paid at the time or in the amount required, the
8taxpayer shall be liable for penalties and interest on such
9difference, except insofar as the taxpayer has previously made
10payments for that month in excess of the minimum payments
11previously due.
12    If any payment provided for in this Section exceeds the
13taxpayer's liabilities under this Act, the Use Tax Act, the
14Service Occupation Tax Act and the Service Use Tax Act, as
15shown on an original monthly return, the Department shall, if
16requested by the taxpayer, issue to the taxpayer a credit
17memorandum no later than 30 days after the date of payment. The
18credit evidenced by such credit memorandum may be assigned by
19the taxpayer to a similar taxpayer under this Act, the Use Tax
20Act, the Service Occupation Tax Act or the Service Use Tax Act,
21in accordance with reasonable rules and regulations to be
22prescribed by the Department. If no such request is made, the
23taxpayer may credit such excess payment against tax liability
24subsequently to be remitted to the Department under this Act,
25the Use Tax Act, the Service Occupation Tax Act or the Service
26Use Tax Act, in accordance with reasonable rules and

 

 

HB5447 Enrolled- 675 -LRB100 16294 AMC 31417 b

1regulations prescribed by the Department. If the Department
2subsequently determined that all or any part of the credit
3taken was not actually due to the taxpayer, the taxpayer's 2.1%
4and 1.75% vendor's discount shall be reduced by 2.1% or 1.75%
5of the difference between the credit taken and that actually
6due, and that taxpayer shall be liable for penalties and
7interest on such difference.
8    If a retailer of motor fuel is entitled to a credit under
9Section 2d of this Act which exceeds the taxpayer's liability
10to the Department under this Act for the month which the
11taxpayer is filing a return, the Department shall issue the
12taxpayer a credit memorandum for the excess.
13    Beginning January 1, 1990, each month the Department shall
14pay into the Local Government Tax Fund, a special fund in the
15State treasury which is hereby created, the net revenue
16realized for the preceding month from the 1% tax on sales of
17food for human consumption which is to be consumed off the
18premises where it is sold (other than alcoholic beverages, soft
19drinks and food which has been prepared for immediate
20consumption) and prescription and nonprescription medicines,
21drugs, medical appliances, products classified as Class III
22medical devices by the United States Food and Drug
23Administration that are used for cancer treatment pursuant to a
24prescription, as well as any accessories and components related
25to those devices, and insulin, urine testing materials,
26syringes and needles used by diabetics.

 

 

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1    Beginning January 1, 1990, each month the Department shall
2pay into the County and Mass Transit District Fund, a special
3fund in the State treasury which is hereby created, 4% of the
4net revenue realized for the preceding month from the 6.25%
5general rate.
6    Beginning August 1, 2000, each month the Department shall
7pay into the County and Mass Transit District Fund 20% of the
8net revenue realized for the preceding month from the 1.25%
9rate on the selling price of motor fuel and gasohol. Beginning
10September 1, 2010, each month the Department shall pay into the
11County and Mass Transit District Fund 20% of the net revenue
12realized for the preceding month from the 1.25% rate on the
13selling price of sales tax holiday items.
14    Beginning January 1, 1990, each month the Department shall
15pay into the Local Government Tax Fund 16% of the net revenue
16realized for the preceding month from the 6.25% general rate on
17the selling price of tangible personal property.
18    Beginning August 1, 2000, each month the Department shall
19pay into the Local Government Tax Fund 80% of the net revenue
20realized for the preceding month from the 1.25% rate on the
21selling price of motor fuel and gasohol. Beginning September 1,
222010, each month the Department shall pay into the Local
23Government Tax Fund 80% of the net revenue realized for the
24preceding month from the 1.25% rate on the selling price of
25sales tax holiday items.
26    Beginning October 1, 2009, each month the Department shall

 

 

HB5447 Enrolled- 677 -LRB100 16294 AMC 31417 b

1pay into the Capital Projects Fund an amount that is equal to
2an amount estimated by the Department to represent 80% of the
3net revenue realized for the preceding month from the sale of
4candy, grooming and hygiene products, and soft drinks that had
5been taxed at a rate of 1% prior to September 1, 2009 but that
6are now taxed at 6.25%.
7    Beginning July 1, 2011, each month the Department shall pay
8into the Clean Air Act Permit Fund 80% of the net revenue
9realized for the preceding month from the 6.25% general rate on
10the selling price of sorbents used in Illinois in the process
11of sorbent injection as used to comply with the Environmental
12Protection Act or the federal Clean Air Act, but the total
13payment into the Clean Air Act Permit Fund under this Act and
14the Use Tax Act shall not exceed $2,000,000 in any fiscal year.
15    Beginning July 1, 2013, each month the Department shall pay
16into the Underground Storage Tank Fund from the proceeds
17collected under this Act, the Use Tax Act, the Service Use Tax
18Act, and the Service Occupation Tax Act an amount equal to the
19average monthly deficit in the Underground Storage Tank Fund
20during the prior year, as certified annually by the Illinois
21Environmental Protection Agency, but the total payment into the
22Underground Storage Tank Fund under this Act, the Use Tax Act,
23the Service Use Tax Act, and the Service Occupation Tax Act
24shall not exceed $18,000,000 in any State fiscal year. As used
25in this paragraph, the "average monthly deficit" shall be equal
26to the difference between the average monthly claims for

 

 

HB5447 Enrolled- 678 -LRB100 16294 AMC 31417 b

1payment by the fund and the average monthly revenues deposited
2into the fund, excluding payments made pursuant to this
3paragraph.
4    Beginning July 1, 2015, of the remainder of the moneys
5received by the Department under the Use Tax Act, the Service
6Use Tax Act, the Service Occupation Tax Act, and this Act, each
7month the Department shall deposit $500,000 into the State
8Crime Laboratory Fund.
9    Of the remainder of the moneys received by the Department
10pursuant to this Act, (a) 1.75% thereof shall be paid into the
11Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
12and after July 1, 1989, 3.8% thereof shall be paid into the
13Build Illinois Fund; provided, however, that if in any fiscal
14year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
15may be, of the moneys received by the Department and required
16to be paid into the Build Illinois Fund pursuant to this Act,
17Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
18Act, and Section 9 of the Service Occupation Tax Act, such Acts
19being hereinafter called the "Tax Acts" and such aggregate of
202.2% or 3.8%, as the case may be, of moneys being hereinafter
21called the "Tax Act Amount", and (2) the amount transferred to
22the Build Illinois Fund from the State and Local Sales Tax
23Reform Fund shall be less than the Annual Specified Amount (as
24hereinafter defined), an amount equal to the difference shall
25be immediately paid into the Build Illinois Fund from other
26moneys received by the Department pursuant to the Tax Acts; the

 

 

HB5447 Enrolled- 679 -LRB100 16294 AMC 31417 b

1"Annual Specified Amount" means the amounts specified below for
2fiscal years 1986 through 1993:
3Fiscal YearAnnual Specified Amount
41986$54,800,000
51987$76,650,000
61988$80,480,000
71989$88,510,000
81990$115,330,000
91991$145,470,000
101992$182,730,000
111993$206,520,000;
12and means the Certified Annual Debt Service Requirement (as
13defined in Section 13 of the Build Illinois Bond Act) or the
14Tax Act Amount, whichever is greater, for fiscal year 1994 and
15each fiscal year thereafter; and further provided, that if on
16the last business day of any month the sum of (1) the Tax Act
17Amount required to be deposited into the Build Illinois Bond
18Account in the Build Illinois Fund during such month and (2)
19the amount transferred to the Build Illinois Fund from the
20State and Local Sales Tax Reform Fund shall have been less than
211/12 of the Annual Specified Amount, an amount equal to the
22difference shall be immediately paid into the Build Illinois
23Fund from other moneys received by the Department pursuant to
24the Tax Acts; and, further provided, that in no event shall the
25payments required under the preceding proviso result in
26aggregate payments into the Build Illinois Fund pursuant to

 

 

HB5447 Enrolled- 680 -LRB100 16294 AMC 31417 b

1this clause (b) for any fiscal year in excess of the greater of
2(i) the Tax Act Amount or (ii) the Annual Specified Amount for
3such fiscal year. The amounts payable into the Build Illinois
4Fund under clause (b) of the first sentence in this paragraph
5shall be payable only until such time as the aggregate amount
6on deposit under each trust indenture securing Bonds issued and
7outstanding pursuant to the Build Illinois Bond Act is
8sufficient, taking into account any future investment income,
9to fully provide, in accordance with such indenture, for the
10defeasance of or the payment of the principal of, premium, if
11any, and interest on the Bonds secured by such indenture and on
12any Bonds expected to be issued thereafter and all fees and
13costs payable with respect thereto, all as certified by the
14Director of the Bureau of the Budget (now Governor's Office of
15Management and Budget). If on the last business day of any
16month in which Bonds are outstanding pursuant to the Build
17Illinois Bond Act, the aggregate of moneys deposited in the
18Build Illinois Bond Account in the Build Illinois Fund in such
19month shall be less than the amount required to be transferred
20in such month from the Build Illinois Bond Account to the Build
21Illinois Bond Retirement and Interest Fund pursuant to Section
2213 of the Build Illinois Bond Act, an amount equal to such
23deficiency shall be immediately paid from other moneys received
24by the Department pursuant to the Tax Acts to the Build
25Illinois Fund; provided, however, that any amounts paid to the
26Build Illinois Fund in any fiscal year pursuant to this

 

 

HB5447 Enrolled- 681 -LRB100 16294 AMC 31417 b

1sentence shall be deemed to constitute payments pursuant to
2clause (b) of the first sentence of this paragraph and shall
3reduce the amount otherwise payable for such fiscal year
4pursuant to that clause (b). The moneys received by the
5Department pursuant to this Act and required to be deposited
6into the Build Illinois Fund are subject to the pledge, claim
7and charge set forth in Section 12 of the Build Illinois Bond
8Act.
9    Subject to payment of amounts into the Build Illinois Fund
10as provided in the preceding paragraph or in any amendment
11thereto hereafter enacted, the following specified monthly
12installment of the amount requested in the certificate of the
13Chairman of the Metropolitan Pier and Exposition Authority
14provided under Section 8.25f of the State Finance Act, but not
15in excess of sums designated as "Total Deposit", shall be
16deposited in the aggregate from collections under Section 9 of
17the Use Tax Act, Section 9 of the Service Use Tax Act, Section
189 of the Service Occupation Tax Act, and Section 3 of the
19Retailers' Occupation Tax Act into the McCormick Place
20Expansion Project Fund in the specified fiscal years.
21Fiscal YearTotal Deposit
221993         $0
231994 53,000,000
241995 58,000,000
251996 61,000,000

 

 

HB5447 Enrolled- 682 -LRB100 16294 AMC 31417 b

11997 64,000,000
21998 68,000,000
31999 71,000,000
42000 75,000,000
52001 80,000,000
62002 93,000,000
72003 99,000,000
82004103,000,000
92005108,000,000
102006113,000,000
112007119,000,000
122008126,000,000
132009132,000,000
142010139,000,000
152011146,000,000
162012153,000,000
172013161,000,000
182014170,000,000
192015179,000,000
202016189,000,000
212017199,000,000
222018210,000,000
232019221,000,000
242020233,000,000
252021246,000,000
262022260,000,000

 

 

HB5447 Enrolled- 683 -LRB100 16294 AMC 31417 b

12023275,000,000
22024 275,000,000
32025 275,000,000
42026 279,000,000
52027 292,000,000
62028 307,000,000
72029 322,000,000
82030 338,000,000
92031 350,000,000
102032 350,000,000
11and
12each fiscal year
13thereafter that bonds
14are outstanding under
15Section 13.2 of the
16Metropolitan Pier and
17Exposition Authority Act,
18but not after fiscal year 2060.
19    Beginning July 20, 1993 and in each month of each fiscal
20year thereafter, one-eighth of the amount requested in the
21certificate of the Chairman of the Metropolitan Pier and
22Exposition Authority for that fiscal year, less the amount
23deposited into the McCormick Place Expansion Project Fund by
24the State Treasurer in the respective month under subsection
25(g) of Section 13 of the Metropolitan Pier and Exposition
26Authority Act, plus cumulative deficiencies in the deposits

 

 

HB5447 Enrolled- 684 -LRB100 16294 AMC 31417 b

1required under this Section for previous months and years,
2shall be deposited into the McCormick Place Expansion Project
3Fund, until the full amount requested for the fiscal year, but
4not in excess of the amount specified above as "Total Deposit",
5has been deposited.
6    Subject to payment of amounts into the Build Illinois Fund
7and the McCormick Place Expansion Project Fund pursuant to the
8preceding paragraphs or in any amendments thereto hereafter
9enacted, beginning July 1, 1993 and ending on September 30,
102013, the Department shall each month pay into the Illinois Tax
11Increment Fund 0.27% of 80% of the net revenue realized for the
12preceding month from the 6.25% general rate on the selling
13price of tangible personal property.
14    Subject to payment of amounts into the Build Illinois Fund
15and the McCormick Place Expansion Project Fund pursuant to the
16preceding paragraphs or in any amendments thereto hereafter
17enacted, beginning with the receipt of the first report of
18taxes paid by an eligible business and continuing for a 25-year
19period, the Department shall each month pay into the Energy
20Infrastructure Fund 80% of the net revenue realized from the
216.25% general rate on the selling price of Illinois-mined coal
22that was sold to an eligible business. For purposes of this
23paragraph, the term "eligible business" means a new electric
24generating facility certified pursuant to Section 605-332 of
25the Department of Commerce and Economic Opportunity Law of the
26Civil Administrative Code of Illinois.

 

 

HB5447 Enrolled- 685 -LRB100 16294 AMC 31417 b

1    Subject to payment of amounts into the Build Illinois Fund,
2the McCormick Place Expansion Project Fund, the Illinois Tax
3Increment Fund, and the Energy Infrastructure Fund pursuant to
4the preceding paragraphs or in any amendments to this Section
5hereafter enacted, beginning on the first day of the first
6calendar month to occur on or after August 26, 2014 (the
7effective date of Public Act 98-1098), each month, from the
8collections made under Section 9 of the Use Tax Act, Section 9
9of the Service Use Tax Act, Section 9 of the Service Occupation
10Tax Act, and Section 3 of the Retailers' Occupation Tax Act,
11the Department shall pay into the Tax Compliance and
12Administration Fund, to be used, subject to appropriation, to
13fund additional auditors and compliance personnel at the
14Department of Revenue, an amount equal to 1/12 of 5% of 80% of
15the cash receipts collected during the preceding fiscal year by
16the Audit Bureau of the Department under the Use Tax Act, the
17Service Use Tax Act, the Service Occupation Tax Act, the
18Retailers' Occupation Tax Act, and associated local occupation
19and use taxes administered by the Department.
20    Of the remainder of the moneys received by the Department
21pursuant to this Act, 75% thereof shall be paid into the State
22Treasury and 25% shall be reserved in a special account and
23used only for the transfer to the Common School Fund as part of
24the monthly transfer from the General Revenue Fund in
25accordance with Section 8a of the State Finance Act.
26    The Department may, upon separate written notice to a

 

 

HB5447 Enrolled- 686 -LRB100 16294 AMC 31417 b

1taxpayer, require the taxpayer to prepare and file with the
2Department on a form prescribed by the Department within not
3less than 60 days after receipt of the notice an annual
4information return for the tax year specified in the notice.
5Such annual return to the Department shall include a statement
6of gross receipts as shown by the retailer's last Federal
7income tax return. If the total receipts of the business as
8reported in the Federal income tax return do not agree with the
9gross receipts reported to the Department of Revenue for the
10same period, the retailer shall attach to his annual return a
11schedule showing a reconciliation of the 2 amounts and the
12reasons for the difference. The retailer's annual return to the
13Department shall also disclose the cost of goods sold by the
14retailer during the year covered by such return, opening and
15closing inventories of such goods for such year, costs of goods
16used from stock or taken from stock and given away by the
17retailer during such year, payroll information of the
18retailer's business during such year and any additional
19reasonable information which the Department deems would be
20helpful in determining the accuracy of the monthly, quarterly
21or annual returns filed by such retailer as provided for in
22this Section.
23    If the annual information return required by this Section
24is not filed when and as required, the taxpayer shall be liable
25as follows:
26        (i) Until January 1, 1994, the taxpayer shall be liable

 

 

HB5447 Enrolled- 687 -LRB100 16294 AMC 31417 b

1    for a penalty equal to 1/6 of 1% of the tax due from such
2    taxpayer under this Act during the period to be covered by
3    the annual return for each month or fraction of a month
4    until such return is filed as required, the penalty to be
5    assessed and collected in the same manner as any other
6    penalty provided for in this Act.
7        (ii) On and after January 1, 1994, the taxpayer shall
8    be liable for a penalty as described in Section 3-4 of the
9    Uniform Penalty and Interest Act.
10    The chief executive officer, proprietor, owner or highest
11ranking manager shall sign the annual return to certify the
12accuracy of the information contained therein. Any person who
13willfully signs the annual return containing false or
14inaccurate information shall be guilty of perjury and punished
15accordingly. The annual return form prescribed by the
16Department shall include a warning that the person signing the
17return may be liable for perjury.
18    The provisions of this Section concerning the filing of an
19annual information return do not apply to a retailer who is not
20required to file an income tax return with the United States
21Government.
22    As soon as possible after the first day of each month, upon
23certification of the Department of Revenue, the Comptroller
24shall order transferred and the Treasurer shall transfer from
25the General Revenue Fund to the Motor Fuel Tax Fund an amount
26equal to 1.7% of 80% of the net revenue realized under this Act

 

 

HB5447 Enrolled- 688 -LRB100 16294 AMC 31417 b

1for the second preceding month. Beginning April 1, 2000, this
2transfer is no longer required and shall not be made.
3    Net revenue realized for a month shall be the revenue
4collected by the State pursuant to this Act, less the amount
5paid out during that month as refunds to taxpayers for
6overpayment of liability.
7    For greater simplicity of administration, manufacturers,
8importers and wholesalers whose products are sold at retail in
9Illinois by numerous retailers, and who wish to do so, may
10assume the responsibility for accounting and paying to the
11Department all tax accruing under this Act with respect to such
12sales, if the retailers who are affected do not make written
13objection to the Department to this arrangement.
14    Any person who promotes, organizes, provides retail
15selling space for concessionaires or other types of sellers at
16the Illinois State Fair, DuQuoin State Fair, county fairs,
17local fairs, art shows, flea markets and similar exhibitions or
18events, including any transient merchant as defined by Section
192 of the Transient Merchant Act of 1987, is required to file a
20report with the Department providing the name of the merchant's
21business, the name of the person or persons engaged in
22merchant's business, the permanent address and Illinois
23Retailers Occupation Tax Registration Number of the merchant,
24the dates and location of the event and other reasonable
25information that the Department may require. The report must be
26filed not later than the 20th day of the month next following

 

 

HB5447 Enrolled- 689 -LRB100 16294 AMC 31417 b

1the month during which the event with retail sales was held.
2Any person who fails to file a report required by this Section
3commits a business offense and is subject to a fine not to
4exceed $250.
5    Any person engaged in the business of selling tangible
6personal property at retail as a concessionaire or other type
7of seller at the Illinois State Fair, county fairs, art shows,
8flea markets and similar exhibitions or events, or any
9transient merchants, as defined by Section 2 of the Transient
10Merchant Act of 1987, may be required to make a daily report of
11the amount of such sales to the Department and to make a daily
12payment of the full amount of tax due. The Department shall
13impose this requirement when it finds that there is a
14significant risk of loss of revenue to the State at such an
15exhibition or event. Such a finding shall be based on evidence
16that a substantial number of concessionaires or other sellers
17who are not residents of Illinois will be engaging in the
18business of selling tangible personal property at retail at the
19exhibition or event, or other evidence of a significant risk of
20loss of revenue to the State. The Department shall notify
21concessionaires and other sellers affected by the imposition of
22this requirement. In the absence of notification by the
23Department, the concessionaires and other sellers shall file
24their returns as otherwise required in this Section.
25(Source: P.A. 99-352, eff. 8-12-15; 99-858, eff. 8-19-16;
2699-933, eff. 1-27-17; 100-303, eff. 8-24-17.)
 

 

 

HB5447 Enrolled- 690 -LRB100 16294 AMC 31417 b

1    (Text of Section after amendment by P.A. 100-363)
2    Sec. 3. Except as provided in this Section, on or before
3the twentieth day of each calendar month, every person engaged
4in the business of selling tangible personal property at retail
5in this State during the preceding calendar month shall file a
6return with the Department, stating:
7        1. The name of the seller;
8        2. His residence address and the address of his
9    principal place of business and the address of the
10    principal place of business (if that is a different
11    address) from which he engages in the business of selling
12    tangible personal property at retail in this State;
13        3. Total amount of receipts received by him during the
14    preceding calendar month or quarter, as the case may be,
15    from sales of tangible personal property, and from services
16    furnished, by him during such preceding calendar month or
17    quarter;
18        4. Total amount received by him during the preceding
19    calendar month or quarter on charge and time sales of
20    tangible personal property, and from services furnished,
21    by him prior to the month or quarter for which the return
22    is filed;
23        5. Deductions allowed by law;
24        6. Gross receipts which were received by him during the
25    preceding calendar month or quarter and upon the basis of

 

 

HB5447 Enrolled- 691 -LRB100 16294 AMC 31417 b

1    which the tax is imposed;
2        7. The amount of credit provided in Section 2d of this
3    Act;
4        8. The amount of tax due;
5        9. The signature of the taxpayer; and
6        10. Such other reasonable information as the
7    Department may require.
8    On and after January 1, 2018, except for returns for motor
9vehicles, watercraft, aircraft, and trailers that are required
10to be registered with an agency of this State, with respect to
11retailers whose annual gross receipts average $20,000 or more,
12all returns required to be filed pursuant to this Act shall be
13filed electronically. Retailers who demonstrate that they do
14not have access to the Internet or demonstrate hardship in
15filing electronically may petition the Department to waive the
16electronic filing requirement.
17    If a taxpayer fails to sign a return within 30 days after
18the proper notice and demand for signature by the Department,
19the return shall be considered valid and any amount shown to be
20due on the return shall be deemed assessed.
21    Each return shall be accompanied by the statement of
22prepaid tax issued pursuant to Section 2e for which credit is
23claimed.
24    Prior to October 1, 2003, and on and after September 1,
252004 a retailer may accept a Manufacturer's Purchase Credit
26certification from a purchaser in satisfaction of Use Tax as

 

 

HB5447 Enrolled- 692 -LRB100 16294 AMC 31417 b

1provided in Section 3-85 of the Use Tax Act if the purchaser
2provides the appropriate documentation as required by Section
33-85 of the Use Tax Act. A Manufacturer's Purchase Credit
4certification, accepted by a retailer prior to October 1, 2003
5and on and after September 1, 2004 as provided in Section 3-85
6of the Use Tax Act, may be used by that retailer to satisfy
7Retailers' Occupation Tax liability in the amount claimed in
8the certification, not to exceed 6.25% of the receipts subject
9to tax from a qualifying purchase. A Manufacturer's Purchase
10Credit reported on any original or amended return filed under
11this Act after October 20, 2003 for reporting periods prior to
12September 1, 2004 shall be disallowed. Manufacturer's
13Purchaser Credit reported on annual returns due on or after
14January 1, 2005 will be disallowed for periods prior to
15September 1, 2004. No Manufacturer's Purchase Credit may be
16used after September 30, 2003 through August 31, 2004 to
17satisfy any tax liability imposed under this Act, including any
18audit liability.
19    The Department may require returns to be filed on a
20quarterly basis. If so required, a return for each calendar
21quarter shall be filed on or before the twentieth day of the
22calendar month following the end of such calendar quarter. The
23taxpayer shall also file a return with the Department for each
24of the first two months of each calendar quarter, on or before
25the twentieth day of the following calendar month, stating:
26        1. The name of the seller;

 

 

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1        2. The address of the principal place of business from
2    which he engages in the business of selling tangible
3    personal property at retail in this State;
4        3. The total amount of taxable receipts received by him
5    during the preceding calendar month from sales of tangible
6    personal property by him during such preceding calendar
7    month, including receipts from charge and time sales, but
8    less all deductions allowed by law;
9        4. The amount of credit provided in Section 2d of this
10    Act;
11        5. The amount of tax due; and
12        6. Such other reasonable information as the Department
13    may require.
14    Beginning on October 1, 2003, any person who is not a
15licensed distributor, importing distributor, or manufacturer,
16as defined in the Liquor Control Act of 1934, but is engaged in
17the business of selling, at retail, alcoholic liquor shall file
18a statement with the Department of Revenue, in a format and at
19a time prescribed by the Department, showing the total amount
20paid for alcoholic liquor purchased during the preceding month
21and such other information as is reasonably required by the
22Department. The Department may adopt rules to require that this
23statement be filed in an electronic or telephonic format. Such
24rules may provide for exceptions from the filing requirements
25of this paragraph. For the purposes of this paragraph, the term
26"alcoholic liquor" shall have the meaning prescribed in the

 

 

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1Liquor Control Act of 1934.
2    Beginning on October 1, 2003, every distributor, importing
3distributor, and manufacturer of alcoholic liquor as defined in
4the Liquor Control Act of 1934, shall file a statement with the
5Department of Revenue, no later than the 10th day of the month
6for the preceding month during which transactions occurred, by
7electronic means, showing the total amount of gross receipts
8from the sale of alcoholic liquor sold or distributed during
9the preceding month to purchasers; identifying the purchaser to
10whom it was sold or distributed; the purchaser's tax
11registration number; and such other information reasonably
12required by the Department. A distributor, importing
13distributor, or manufacturer of alcoholic liquor must
14personally deliver, mail, or provide by electronic means to
15each retailer listed on the monthly statement a report
16containing a cumulative total of that distributor's, importing
17distributor's, or manufacturer's total sales of alcoholic
18liquor to that retailer no later than the 10th day of the month
19for the preceding month during which the transaction occurred.
20The distributor, importing distributor, or manufacturer shall
21notify the retailer as to the method by which the distributor,
22importing distributor, or manufacturer will provide the sales
23information. If the retailer is unable to receive the sales
24information by electronic means, the distributor, importing
25distributor, or manufacturer shall furnish the sales
26information by personal delivery or by mail. For purposes of

 

 

HB5447 Enrolled- 695 -LRB100 16294 AMC 31417 b

1this paragraph, the term "electronic means" includes, but is
2not limited to, the use of a secure Internet website, e-mail,
3or facsimile.
4    If a total amount of less than $1 is payable, refundable or
5creditable, such amount shall be disregarded if it is less than
650 cents and shall be increased to $1 if it is 50 cents or more.
7    Beginning October 1, 1993, a taxpayer who has an average
8monthly tax liability of $150,000 or more shall make all
9payments required by rules of the Department by electronic
10funds transfer. Beginning October 1, 1994, a taxpayer who has
11an average monthly tax liability of $100,000 or more shall make
12all payments required by rules of the Department by electronic
13funds transfer. Beginning October 1, 1995, a taxpayer who has
14an average monthly tax liability of $50,000 or more shall make
15all payments required by rules of the Department by electronic
16funds transfer. Beginning October 1, 2000, a taxpayer who has
17an annual tax liability of $200,000 or more shall make all
18payments required by rules of the Department by electronic
19funds transfer. The term "annual tax liability" shall be the
20sum of the taxpayer's liabilities under this Act, and under all
21other State and local occupation and use tax laws administered
22by the Department, for the immediately preceding calendar year.
23The term "average monthly tax liability" shall be the sum of
24the taxpayer's liabilities under this Act, and under all other
25State and local occupation and use tax laws administered by the
26Department, for the immediately preceding calendar year

 

 

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1divided by 12. Beginning on October 1, 2002, a taxpayer who has
2a tax liability in the amount set forth in subsection (b) of
3Section 2505-210 of the Department of Revenue Law shall make
4all payments required by rules of the Department by electronic
5funds transfer.
6    Before August 1 of each year beginning in 1993, the
7Department shall notify all taxpayers required to make payments
8by electronic funds transfer. All taxpayers required to make
9payments by electronic funds transfer shall make those payments
10for a minimum of one year beginning on October 1.
11    Any taxpayer not required to make payments by electronic
12funds transfer may make payments by electronic funds transfer
13with the permission of the Department.
14    All taxpayers required to make payment by electronic funds
15transfer and any taxpayers authorized to voluntarily make
16payments by electronic funds transfer shall make those payments
17in the manner authorized by the Department.
18    The Department shall adopt such rules as are necessary to
19effectuate a program of electronic funds transfer and the
20requirements of this Section.
21    Any amount which is required to be shown or reported on any
22return or other document under this Act shall, if such amount
23is not a whole-dollar amount, be increased to the nearest
24whole-dollar amount in any case where the fractional part of a
25dollar is 50 cents or more, and decreased to the nearest
26whole-dollar amount where the fractional part of a dollar is

 

 

HB5447 Enrolled- 697 -LRB100 16294 AMC 31417 b

1less than 50 cents.
2    If the retailer is otherwise required to file a monthly
3return and if the retailer's average monthly tax liability to
4the Department does not exceed $200, the Department may
5authorize his returns to be filed on a quarter annual basis,
6with the return for January, February and March of a given year
7being due by April 20 of such year; with the return for April,
8May and June of a given year being due by July 20 of such year;
9with the return for July, August and September of a given year
10being due by October 20 of such year, and with the return for
11October, November and December of a given year being due by
12January 20 of the following year.
13    If the retailer is otherwise required to file a monthly or
14quarterly return and if the retailer's average monthly tax
15liability with the Department does not exceed $50, the
16Department may authorize his returns to be filed on an annual
17basis, with the return for a given year being due by January 20
18of the following year.
19    Such quarter annual and annual returns, as to form and
20substance, shall be subject to the same requirements as monthly
21returns.
22    Notwithstanding any other provision in this Act concerning
23the time within which a retailer may file his return, in the
24case of any retailer who ceases to engage in a kind of business
25which makes him responsible for filing returns under this Act,
26such retailer shall file a final return under this Act with the

 

 

HB5447 Enrolled- 698 -LRB100 16294 AMC 31417 b

1Department not more than one month after discontinuing such
2business.
3    Where the same person has more than one business registered
4with the Department under separate registrations under this
5Act, such person may not file each return that is due as a
6single return covering all such registered businesses, but
7shall file separate returns for each such registered business.
8    In addition, with respect to motor vehicles, watercraft,
9aircraft, and trailers that are required to be registered with
10an agency of this State, every retailer selling this kind of
11tangible personal property shall file, with the Department,
12upon a form to be prescribed and supplied by the Department, a
13separate return for each such item of tangible personal
14property which the retailer sells, except that if, in the same
15transaction, (i) a retailer of aircraft, watercraft, motor
16vehicles or trailers transfers more than one aircraft,
17watercraft, motor vehicle or trailer to another aircraft,
18watercraft, motor vehicle retailer or trailer retailer for the
19purpose of resale or (ii) a retailer of aircraft, watercraft,
20motor vehicles, or trailers transfers more than one aircraft,
21watercraft, motor vehicle, or trailer to a purchaser for use as
22a qualifying rolling stock as provided in Section 2-5 of this
23Act, then that seller may report the transfer of all aircraft,
24watercraft, motor vehicles or trailers involved in that
25transaction to the Department on the same uniform
26invoice-transaction reporting return form. For purposes of

 

 

HB5447 Enrolled- 699 -LRB100 16294 AMC 31417 b

1this Section, "watercraft" means a Class 2, Class 3, or Class 4
2watercraft as defined in Section 3-2 of the Boat Registration
3and Safety Act, a personal watercraft, or any boat equipped
4with an inboard motor.
5    Any retailer who sells only motor vehicles, watercraft,
6aircraft, or trailers that are required to be registered with
7an agency of this State, so that all retailers' occupation tax
8liability is required to be reported, and is reported, on such
9transaction reporting returns and who is not otherwise required
10to file monthly or quarterly returns, need not file monthly or
11quarterly returns. However, those retailers shall be required
12to file returns on an annual basis.
13    The transaction reporting return, in the case of motor
14vehicles or trailers that are required to be registered with an
15agency of this State, shall be the same document as the Uniform
16Invoice referred to in Section 5-402 of The Illinois Vehicle
17Code and must show the name and address of the seller; the name
18and address of the purchaser; the amount of the selling price
19including the amount allowed by the retailer for traded-in
20property, if any; the amount allowed by the retailer for the
21traded-in tangible personal property, if any, to the extent to
22which Section 1 of this Act allows an exemption for the value
23of traded-in property; the balance payable after deducting such
24trade-in allowance from the total selling price; the amount of
25tax due from the retailer with respect to such transaction; the
26amount of tax collected from the purchaser by the retailer on

 

 

HB5447 Enrolled- 700 -LRB100 16294 AMC 31417 b

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

 

 

HB5447 Enrolled- 701 -LRB100 16294 AMC 31417 b

1than that if he chooses to do so. The transaction reporting
2return and tax remittance or proof of exemption from the
3Illinois use tax may be transmitted to the Department by way of
4the State agency with which, or State officer with whom the
5tangible personal property must be titled or registered (if
6titling or registration is required) if the Department and such
7agency or State officer determine that this procedure will
8expedite the processing of applications for title or
9registration.
10    With each such transaction reporting return, the retailer
11shall remit the proper amount of tax due (or shall submit
12satisfactory evidence that the sale is not taxable if that is
13the case), to the Department or its agents, whereupon the
14Department shall issue, in the purchaser's name, a use tax
15receipt (or a certificate of exemption if the Department is
16satisfied that the particular sale is tax exempt) which such
17purchaser may submit to the agency with which, or State officer
18with whom, he must title or register the tangible personal
19property that is involved (if titling or registration is
20required) in support of such purchaser's application for an
21Illinois certificate or other evidence of title or registration
22to such tangible personal property.
23    No retailer's failure or refusal to remit tax under this
24Act precludes a user, who has paid the proper tax to the
25retailer, from obtaining his certificate of title or other
26evidence of title or registration (if titling or registration

 

 

HB5447 Enrolled- 702 -LRB100 16294 AMC 31417 b

1is required) upon satisfying the Department that such user has
2paid the proper tax (if tax is due) to the retailer. The
3Department shall adopt appropriate rules to carry out the
4mandate of this paragraph.
5    If the user who would otherwise pay tax to the retailer
6wants the transaction reporting return filed and the payment of
7the tax or proof of exemption made to the Department before the
8retailer is willing to take these actions and such user has not
9paid the tax to the retailer, such user may certify to the fact
10of such delay by the retailer and may (upon the Department
11being satisfied of the truth of such certification) transmit
12the information required by the transaction reporting return
13and the remittance for tax or proof of exemption directly to
14the Department and obtain his tax receipt or exemption
15determination, in which event the transaction reporting return
16and tax remittance (if a tax payment was required) shall be
17credited by the Department to the proper retailer's account
18with the Department, but without the 2.1% or 1.75% discount
19provided for in this Section being allowed. When the user pays
20the tax directly to the Department, he shall pay the tax in the
21same amount and in the same form in which it would be remitted
22if the tax had been remitted to the Department by the retailer.
23    Refunds made by the seller during the preceding return
24period to purchasers, on account of tangible personal property
25returned to the seller, shall be allowed as a deduction under
26subdivision 5 of his monthly or quarterly return, as the case

 

 

HB5447 Enrolled- 703 -LRB100 16294 AMC 31417 b

1may be, in case the seller had theretofore included the
2receipts from the sale of such tangible personal property in a
3return filed by him and had paid the tax imposed by this Act
4with respect to such receipts.
5    Where the seller is a corporation, the return filed on
6behalf of such corporation shall be signed by the president,
7vice-president, secretary or treasurer or by the properly
8accredited agent of such corporation.
9    Where the seller is a limited liability company, the return
10filed on behalf of the limited liability company shall be
11signed by a manager, member, or properly accredited agent of
12the limited liability company.
13    Except as provided in this Section, the retailer filing the
14return under this Section shall, at the time of filing such
15return, pay to the Department the amount of tax imposed by this
16Act less a discount of 2.1% prior to January 1, 1990 and 1.75%
17on and after January 1, 1990, or $5 per calendar year,
18whichever is greater, which is allowed to reimburse the
19retailer for the expenses incurred in keeping records,
20preparing and filing returns, remitting the tax and supplying
21data to the Department on request. Any prepayment made pursuant
22to Section 2d of this Act shall be included in the amount on
23which such 2.1% or 1.75% discount is computed. In the case of
24retailers who report and pay the tax on a transaction by
25transaction basis, as provided in this Section, such discount
26shall be taken with each such tax remittance instead of when

 

 

HB5447 Enrolled- 704 -LRB100 16294 AMC 31417 b

1such retailer files his periodic return. The discount allowed
2under this Section is allowed only for returns that are filed
3in the manner required by this Act. The Department may disallow
4the discount for retailers whose certificate of registration is
5revoked at the time the return is filed, but only if the
6Department's decision to revoke the certificate of
7registration has become final.
8    Before October 1, 2000, if the taxpayer's average monthly
9tax liability to the Department under this Act, the Use Tax
10Act, the Service Occupation Tax Act, and the Service Use Tax
11Act, excluding any liability for prepaid sales tax to be
12remitted in accordance with Section 2d of this Act, was $10,000
13or more during the preceding 4 complete calendar quarters, he
14shall file a return with the Department each month by the 20th
15day of the month next following the month during which such tax
16liability is incurred and shall make payments to the Department
17on or before the 7th, 15th, 22nd and last day of the month
18during which such liability is incurred. On and after October
191, 2000, if the taxpayer's average monthly tax liability to the
20Department under this Act, the Use Tax Act, the Service
21Occupation Tax Act, and the Service Use Tax Act, excluding any
22liability for prepaid sales tax to be remitted in accordance
23with Section 2d of this Act, was $20,000 or more during the
24preceding 4 complete calendar quarters, he shall file a return
25with the Department each month by the 20th day of the month
26next following the month during which such tax liability is

 

 

HB5447 Enrolled- 705 -LRB100 16294 AMC 31417 b

1incurred and shall make payment to the Department on or before
2the 7th, 15th, 22nd and last day of the month during which such
3liability is incurred. If the month during which such tax
4liability is incurred began prior to January 1, 1985, each
5payment shall be in an amount equal to 1/4 of the taxpayer's
6actual liability for the month or an amount set by the
7Department not to exceed 1/4 of the average monthly liability
8of the taxpayer to the Department for the preceding 4 complete
9calendar quarters (excluding the month of highest liability and
10the month of lowest liability in such 4 quarter period). If the
11month during which such tax liability is incurred begins on or
12after January 1, 1985 and prior to January 1, 1987, each
13payment shall be in an amount equal to 22.5% of the taxpayer's
14actual liability for the month or 27.5% of the taxpayer's
15liability for the same calendar month of the preceding year. If
16the month during which such tax liability is incurred begins on
17or after January 1, 1987 and prior to January 1, 1988, each
18payment shall be in an amount equal to 22.5% of the taxpayer's
19actual liability for the month or 26.25% of the taxpayer's
20liability for the same calendar month of the preceding year. If
21the month during which such tax liability is incurred begins on
22or after January 1, 1988, and prior to January 1, 1989, or
23begins on or after January 1, 1996, each payment shall be in an
24amount equal to 22.5% of the taxpayer's actual liability for
25the month or 25% of the taxpayer's liability for the same
26calendar month of the preceding year. If the month during which

 

 

HB5447 Enrolled- 706 -LRB100 16294 AMC 31417 b

1such tax liability is incurred begins on or after January 1,
21989, and prior to January 1, 1996, each payment shall be in an
3amount equal to 22.5% of the taxpayer's actual liability for
4the month or 25% of the taxpayer's liability for the same
5calendar month of the preceding year or 100% of the taxpayer's
6actual liability for the quarter monthly reporting period. The
7amount of such quarter monthly payments shall be credited
8against the final tax liability of the taxpayer's return for
9that month. Before October 1, 2000, once applicable, the
10requirement of the making of quarter monthly payments to the
11Department by taxpayers having an average monthly tax liability
12of $10,000 or more as determined in the manner provided above
13shall continue until such taxpayer's average monthly liability
14to the Department during the preceding 4 complete calendar
15quarters (excluding the month of highest liability and the
16month of lowest liability) is less than $9,000, or until such
17taxpayer's average monthly liability to the Department as
18computed for each calendar quarter of the 4 preceding complete
19calendar quarter period is less than $10,000. However, if a
20taxpayer can show the Department that a substantial change in
21the taxpayer's business has occurred which causes the taxpayer
22to anticipate that his average monthly tax liability for the
23reasonably foreseeable future will fall below the $10,000
24threshold stated above, then such taxpayer may petition the
25Department for a change in such taxpayer's reporting status. On
26and after October 1, 2000, once applicable, the requirement of

 

 

HB5447 Enrolled- 707 -LRB100 16294 AMC 31417 b

1the making of quarter monthly payments to the Department by
2taxpayers having an average monthly tax liability of $20,000 or
3more as determined in the manner provided above shall continue
4until such taxpayer's average monthly liability to the
5Department during the preceding 4 complete calendar quarters
6(excluding the month of highest liability and the month of
7lowest liability) is less than $19,000 or until such taxpayer's
8average monthly liability to the Department as computed for
9each calendar quarter of the 4 preceding complete calendar
10quarter period is less than $20,000. However, if a taxpayer can
11show the Department that a substantial change in the taxpayer's
12business has occurred which causes the taxpayer to anticipate
13that his average monthly tax liability for the reasonably
14foreseeable future will fall below the $20,000 threshold stated
15above, then such taxpayer may petition the Department for a
16change in such taxpayer's reporting status. The Department
17shall change such taxpayer's reporting status unless it finds
18that such change is seasonal in nature and not likely to be
19long term. If any such quarter monthly payment is not paid at
20the time or in the amount required by this Section, then the
21taxpayer shall be liable for penalties and interest on the
22difference between the minimum amount due as a payment and the
23amount of such quarter monthly payment actually and timely
24paid, except insofar as the taxpayer has previously made
25payments for that month to the Department in excess of the
26minimum payments previously due as provided in this Section.

 

 

HB5447 Enrolled- 708 -LRB100 16294 AMC 31417 b

1The Department shall make reasonable rules and regulations to
2govern the quarter monthly payment amount and quarter monthly
3payment dates for taxpayers who file on other than a calendar
4monthly basis.
5    The provisions of this paragraph apply before October 1,
62001. Without regard to whether a taxpayer is required to make
7quarter monthly payments as specified above, any taxpayer who
8is required by Section 2d of this Act to collect and remit
9prepaid taxes and has collected prepaid taxes which average in
10excess of $25,000 per month during the preceding 2 complete
11calendar quarters, shall file a return with the Department as
12required by Section 2f and shall make payments to the
13Department on or before the 7th, 15th, 22nd and last day of the
14month during which such liability is incurred. If the month
15during which such tax liability is incurred began prior to
16September 1, 1985 (the effective date of Public Act 84-221),
17each payment shall be in an amount not less than 22.5% of the
18taxpayer's actual liability under Section 2d. If the month
19during which such tax liability is incurred begins on or after
20January 1, 1986, each payment shall be in an amount equal to
2122.5% of the taxpayer's actual liability for the month or 27.5%
22of the taxpayer's liability for the same calendar month of the
23preceding calendar year. If the month during which such tax
24liability is incurred begins on or after January 1, 1987, each
25payment shall be in an amount equal to 22.5% of the taxpayer's
26actual liability for the month or 26.25% of the taxpayer's

 

 

HB5447 Enrolled- 709 -LRB100 16294 AMC 31417 b

1liability for the same calendar month of the preceding year.
2The amount of such quarter monthly payments shall be credited
3against the final tax liability of the taxpayer's return for
4that month filed under this Section or Section 2f, as the case
5may be. Once applicable, the requirement of the making of
6quarter monthly payments to the Department pursuant to this
7paragraph shall continue until such taxpayer's average monthly
8prepaid tax collections during the preceding 2 complete
9calendar quarters is $25,000 or less. If any such quarter
10monthly payment is not paid at the time or in the amount
11required, the taxpayer shall be liable for penalties and
12interest on such difference, except insofar as the taxpayer has
13previously made payments for that month in excess of the
14minimum payments previously due.
15    The provisions of this paragraph apply on and after October
161, 2001. Without regard to whether a taxpayer is required to
17make quarter monthly payments as specified above, any taxpayer
18who is required by Section 2d of this Act to collect and remit
19prepaid taxes and has collected prepaid taxes that average in
20excess of $20,000 per month during the preceding 4 complete
21calendar quarters shall file a return with the Department as
22required by Section 2f and shall make payments to the
23Department on or before the 7th, 15th, 22nd and last day of the
24month during which the liability is incurred. Each payment
25shall be in an amount equal to 22.5% of the taxpayer's actual
26liability for the month or 25% of the taxpayer's liability for

 

 

HB5447 Enrolled- 710 -LRB100 16294 AMC 31417 b

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

 

 

HB5447 Enrolled- 711 -LRB100 16294 AMC 31417 b

1Act, the Service Occupation Tax Act or the Service Use Tax Act,
2in accordance with reasonable rules and regulations to be
3prescribed by the Department. If no such request is made, the
4taxpayer may credit such excess payment against tax liability
5subsequently to be remitted to the Department under this Act,
6the Use Tax Act, the Service Occupation Tax Act or the Service
7Use Tax Act, in accordance with reasonable rules and
8regulations prescribed by the Department. If the Department
9subsequently determined that all or any part of the credit
10taken was not actually due to the taxpayer, the taxpayer's 2.1%
11and 1.75% vendor's discount shall be reduced by 2.1% or 1.75%
12of the difference between the credit taken and that actually
13due, and that taxpayer shall be liable for penalties and
14interest on such difference.
15    If a retailer of motor fuel is entitled to a credit under
16Section 2d of this Act which exceeds the taxpayer's liability
17to the Department under this Act for the month which the
18taxpayer is filing a return, the Department shall issue the
19taxpayer a credit memorandum for the excess.
20    Beginning January 1, 1990, each month the Department shall
21pay into the Local Government Tax Fund, a special fund in the
22State treasury which is hereby created, the net revenue
23realized for the preceding month from the 1% tax on sales of
24food for human consumption which is to be consumed off the
25premises where it is sold (other than alcoholic beverages, soft
26drinks and food which has been prepared for immediate

 

 

HB5447 Enrolled- 712 -LRB100 16294 AMC 31417 b

1consumption) and prescription and nonprescription medicines,
2drugs, medical appliances, products classified as Class III
3medical devices by the United States Food and Drug
4Administration that are used for cancer treatment pursuant to a
5prescription, as well as any accessories and components related
6to those devices, and insulin, urine testing materials,
7syringes and needles used by diabetics.
8    Beginning January 1, 1990, each month the Department shall
9pay into the County and Mass Transit District Fund, a special
10fund in the State treasury which is hereby created, 4% of the
11net revenue realized for the preceding month from the 6.25%
12general rate.
13    Beginning August 1, 2000, each month the Department shall
14pay into the County and Mass Transit District Fund 20% of the
15net revenue realized for the preceding month from the 1.25%
16rate on the selling price of motor fuel and gasohol. Beginning
17September 1, 2010, each month the Department shall pay into the
18County and Mass Transit District Fund 20% of the net revenue
19realized for the preceding month from the 1.25% rate on the
20selling price of sales tax holiday items.
21    Beginning January 1, 1990, each month the Department shall
22pay into the Local Government Tax Fund 16% of the net revenue
23realized for the preceding month from the 6.25% general rate on
24the selling price of tangible personal property.
25    Beginning August 1, 2000, each month the Department shall
26pay into the Local Government Tax Fund 80% of the net revenue

 

 

HB5447 Enrolled- 713 -LRB100 16294 AMC 31417 b

1realized for the preceding month from the 1.25% rate on the
2selling price of motor fuel and gasohol. Beginning September 1,
32010, each month the Department shall pay into the Local
4Government Tax Fund 80% of the net revenue realized for the
5preceding month from the 1.25% rate on the selling price of
6sales tax holiday items.
7    Beginning October 1, 2009, each month the Department shall
8pay into the Capital Projects Fund an amount that is equal to
9an amount estimated by the Department to represent 80% of the
10net revenue realized for the preceding month from the sale of
11candy, grooming and hygiene products, and soft drinks that had
12been taxed at a rate of 1% prior to September 1, 2009 but that
13are now taxed at 6.25%.
14    Beginning July 1, 2011, each month the Department shall pay
15into the Clean Air Act Permit Fund 80% of the net revenue
16realized for the preceding month from the 6.25% general rate on
17the selling price of sorbents used in Illinois in the process
18of sorbent injection as used to comply with the Environmental
19Protection Act or the federal Clean Air Act, but the total
20payment into the Clean Air Act Permit Fund under this Act and
21the Use Tax Act shall not exceed $2,000,000 in any fiscal year.
22    Beginning July 1, 2013, each month the Department shall pay
23into the Underground Storage Tank Fund from the proceeds
24collected under this Act, the Use Tax Act, the Service Use Tax
25Act, and the Service Occupation Tax Act an amount equal to the
26average monthly deficit in the Underground Storage Tank Fund

 

 

HB5447 Enrolled- 714 -LRB100 16294 AMC 31417 b

1during the prior year, as certified annually by the Illinois
2Environmental Protection Agency, but the total payment into the
3Underground Storage Tank Fund under this Act, the Use Tax Act,
4the Service Use Tax Act, and the Service Occupation Tax Act
5shall not exceed $18,000,000 in any State fiscal year. As used
6in this paragraph, the "average monthly deficit" shall be equal
7to the difference between the average monthly claims for
8payment by the fund and the average monthly revenues deposited
9into the fund, excluding payments made pursuant to this
10paragraph.
11    Beginning July 1, 2015, of the remainder of the moneys
12received by the Department under the Use Tax Act, the Service
13Use Tax Act, the Service Occupation Tax Act, and this Act, each
14month the Department shall deposit $500,000 into the State
15Crime Laboratory Fund.
16    Of the remainder of the moneys received by the Department
17pursuant to this Act, (a) 1.75% thereof shall be paid into the
18Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
19and after July 1, 1989, 3.8% thereof shall be paid into the
20Build Illinois Fund; provided, however, that if in any fiscal
21year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
22may be, of the moneys received by the Department and required
23to be paid into the Build Illinois Fund pursuant to this Act,
24Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
25Act, and Section 9 of the Service Occupation Tax Act, such Acts
26being hereinafter called the "Tax Acts" and such aggregate of

 

 

HB5447 Enrolled- 715 -LRB100 16294 AMC 31417 b

12.2% or 3.8%, as the case may be, of moneys being hereinafter
2called the "Tax Act Amount", and (2) the amount transferred to
3the Build Illinois Fund from the State and Local Sales Tax
4Reform Fund shall be less than the Annual Specified Amount (as
5hereinafter defined), an amount equal to the difference shall
6be immediately paid into the Build Illinois Fund from other
7moneys received by the Department pursuant to the Tax Acts; the
8"Annual Specified Amount" means the amounts specified below for
9fiscal years 1986 through 1993:
10Fiscal YearAnnual Specified Amount
111986$54,800,000
121987$76,650,000
131988$80,480,000
141989$88,510,000
151990$115,330,000
161991$145,470,000
171992$182,730,000
181993$206,520,000;
19and means the Certified Annual Debt Service Requirement (as
20defined in Section 13 of the Build Illinois Bond Act) or the
21Tax Act Amount, whichever is greater, for fiscal year 1994 and
22each fiscal year thereafter; and further provided, that if on
23the last business day of any month the sum of (1) the Tax Act
24Amount required to be deposited into the Build Illinois Bond
25Account in the Build Illinois Fund during such month and (2)
26the amount transferred to the Build Illinois Fund from the

 

 

HB5447 Enrolled- 716 -LRB100 16294 AMC 31417 b

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

 

 

HB5447 Enrolled- 717 -LRB100 16294 AMC 31417 b

1in such month from the Build Illinois Bond Account to the Build
2Illinois Bond Retirement and Interest Fund pursuant to Section
313 of the Build Illinois Bond Act, an amount equal to such
4deficiency shall be immediately paid from other moneys received
5by the Department pursuant to the Tax Acts to the Build
6Illinois Fund; provided, however, that any amounts paid to the
7Build Illinois Fund in any fiscal year pursuant to this
8sentence shall be deemed to constitute payments pursuant to
9clause (b) of the first sentence of this paragraph and shall
10reduce the amount otherwise payable for such fiscal year
11pursuant to that clause (b). The moneys received by the
12Department pursuant to this Act and required to be deposited
13into the Build Illinois Fund are subject to the pledge, claim
14and charge set forth in Section 12 of the Build Illinois Bond
15Act.
16    Subject to payment of amounts into the Build Illinois Fund
17as provided in the preceding paragraph or in any amendment
18thereto hereafter enacted, the following specified monthly
19installment of the amount requested in the certificate of the
20Chairman of the Metropolitan Pier and Exposition Authority
21provided under Section 8.25f of the State Finance Act, but not
22in excess of sums designated as "Total Deposit", shall be
23deposited in the aggregate from collections under Section 9 of
24the Use Tax Act, Section 9 of the Service Use Tax Act, Section
259 of the Service Occupation Tax Act, and Section 3 of the
26Retailers' Occupation Tax Act into the McCormick Place

 

 

HB5447 Enrolled- 718 -LRB100 16294 AMC 31417 b

1Expansion Project Fund in the specified fiscal years.
2Fiscal YearTotal Deposit
31993         $0
41994 53,000,000
51995 58,000,000
61996 61,000,000
71997 64,000,000
81998 68,000,000
91999 71,000,000
102000 75,000,000
112001 80,000,000
122002 93,000,000
132003 99,000,000
142004103,000,000
152005108,000,000
162006113,000,000
172007119,000,000
182008126,000,000
192009132,000,000
202010139,000,000
212011146,000,000
222012153,000,000
232013161,000,000
242014170,000,000
252015179,000,000

 

 

HB5447 Enrolled- 719 -LRB100 16294 AMC 31417 b

12016189,000,000
22017199,000,000
32018210,000,000
42019221,000,000
52020233,000,000
62021246,000,000
72022260,000,000
82023275,000,000
92024 275,000,000
102025 275,000,000
112026 279,000,000
122027 292,000,000
132028 307,000,000
142029 322,000,000
152030 338,000,000
162031 350,000,000
172032 350,000,000
18and
19each fiscal year
20thereafter that bonds
21are outstanding under
22Section 13.2 of the
23Metropolitan Pier and
24Exposition Authority Act,
25but not after fiscal year 2060.
26    Beginning July 20, 1993 and in each month of each fiscal

 

 

HB5447 Enrolled- 720 -LRB100 16294 AMC 31417 b

1year thereafter, one-eighth of the amount requested in the
2certificate of the Chairman of the Metropolitan Pier and
3Exposition Authority for that fiscal year, less the amount
4deposited into the McCormick Place Expansion Project Fund by
5the State Treasurer in the respective month under subsection
6(g) of Section 13 of the Metropolitan Pier and Exposition
7Authority Act, plus cumulative deficiencies in the deposits
8required under this Section for previous months and years,
9shall be deposited into the McCormick Place Expansion Project
10Fund, until the full amount requested for the fiscal year, but
11not in excess of the amount specified above as "Total Deposit",
12has been deposited.
13    Subject to payment of amounts into the Build Illinois Fund
14and the McCormick Place Expansion Project Fund pursuant to the
15preceding paragraphs or in any amendments thereto hereafter
16enacted, beginning July 1, 1993 and ending on September 30,
172013, the Department shall each month pay into the Illinois Tax
18Increment Fund 0.27% of 80% of the net revenue realized for the
19preceding month from the 6.25% general rate on the selling
20price of tangible personal property.
21    Subject to payment of amounts into the Build Illinois Fund
22and the McCormick Place Expansion Project Fund pursuant to the
23preceding paragraphs or in any amendments thereto hereafter
24enacted, beginning with the receipt of the first report of
25taxes paid by an eligible business and continuing for a 25-year
26period, the Department shall each month pay into the Energy

 

 

HB5447 Enrolled- 721 -LRB100 16294 AMC 31417 b

1Infrastructure Fund 80% of the net revenue realized from the
26.25% general rate on the selling price of Illinois-mined coal
3that was sold to an eligible business. For purposes of this
4paragraph, the term "eligible business" means a new electric
5generating facility certified pursuant to Section 605-332 of
6the Department of Commerce and Economic Opportunity Law of the
7Civil Administrative Code of Illinois.
8    Subject to payment of amounts into the Build Illinois Fund,
9the McCormick Place Expansion Project Fund, the Illinois Tax
10Increment Fund, and the Energy Infrastructure Fund pursuant to
11the preceding paragraphs or in any amendments to this Section
12hereafter enacted, beginning on the first day of the first
13calendar month to occur on or after August 26, 2014 (the
14effective date of Public Act 98-1098), each month, from the
15collections made under Section 9 of the Use Tax Act, Section 9
16of the Service Use Tax Act, Section 9 of the Service Occupation
17Tax Act, and Section 3 of the Retailers' Occupation Tax Act,
18the Department shall pay into the Tax Compliance and
19Administration Fund, to be used, subject to appropriation, to
20fund additional auditors and compliance personnel at the
21Department of Revenue, an amount equal to 1/12 of 5% of 80% of
22the cash receipts collected during the preceding fiscal year by
23the Audit Bureau of the Department under the Use Tax Act, the
24Service Use Tax Act, the Service Occupation Tax Act, the
25Retailers' Occupation Tax Act, and associated local occupation
26and use taxes administered by the Department.

 

 

HB5447 Enrolled- 722 -LRB100 16294 AMC 31417 b

1    Subject to payments of amounts into the Build Illinois
2Fund, the McCormick Place Expansion Project Fund, the Illinois
3Tax Increment Fund, the Energy Infrastructure Fund, and the Tax
4Compliance and Administration Fund as provided in this Section,
5beginning on July 1, 2018 the Department shall pay each month
6into the Downstate Public Transportation Fund the moneys
7required to be so paid under Section 2-3 of the Downstate
8Public Transportation Act.
9    Of the remainder of the moneys received by the Department
10pursuant to this Act, 75% thereof shall be paid into the State
11Treasury and 25% shall be reserved in a special account and
12used only for the transfer to the Common School Fund as part of
13the monthly transfer from the General Revenue Fund in
14accordance with Section 8a of the State Finance Act.
15    The Department may, upon separate written notice to a
16taxpayer, require the taxpayer to prepare and file with the
17Department on a form prescribed by the Department within not
18less than 60 days after receipt of the notice an annual
19information return for the tax year specified in the notice.
20Such annual return to the Department shall include a statement
21of gross receipts as shown by the retailer's last Federal
22income tax return. If the total receipts of the business as
23reported in the Federal income tax return do not agree with the
24gross receipts reported to the Department of Revenue for the
25same period, the retailer shall attach to his annual return a
26schedule showing a reconciliation of the 2 amounts and the

 

 

HB5447 Enrolled- 723 -LRB100 16294 AMC 31417 b

1reasons for the difference. The retailer's annual return to the
2Department shall also disclose the cost of goods sold by the
3retailer during the year covered by such return, opening and
4closing inventories of such goods for such year, costs of goods
5used from stock or taken from stock and given away by the
6retailer during such year, payroll information of the
7retailer's business during such year and any additional
8reasonable information which the Department deems would be
9helpful in determining the accuracy of the monthly, quarterly
10or annual returns filed by such retailer as provided for in
11this Section.
12    If the annual information return required by this Section
13is not filed when and as required, the taxpayer shall be liable
14as follows:
15        (i) Until January 1, 1994, the taxpayer shall be liable
16    for a penalty equal to 1/6 of 1% of the tax due from such
17    taxpayer under this Act during the period to be covered by
18    the annual return for each month or fraction of a month
19    until such return is filed as required, the penalty to be
20    assessed and collected in the same manner as any other
21    penalty provided for in this Act.
22        (ii) On and after January 1, 1994, the taxpayer shall
23    be liable for a penalty as described in Section 3-4 of the
24    Uniform Penalty and Interest Act.
25    The chief executive officer, proprietor, owner or highest
26ranking manager shall sign the annual return to certify the

 

 

HB5447 Enrolled- 724 -LRB100 16294 AMC 31417 b

1accuracy of the information contained therein. Any person who
2willfully signs the annual return containing false or
3inaccurate information shall be guilty of perjury and punished
4accordingly. The annual return form prescribed by the
5Department shall include a warning that the person signing the
6return may be liable for perjury.
7    The provisions of this Section concerning the filing of an
8annual information return do not apply to a retailer who is not
9required to file an income tax return with the United States
10Government.
11    As soon as possible after the first day of each month, upon
12certification of the Department of Revenue, the Comptroller
13shall order transferred and the Treasurer shall transfer from
14the General Revenue Fund to the Motor Fuel Tax Fund an amount
15equal to 1.7% of 80% of the net revenue realized under this Act
16for the second preceding month. Beginning April 1, 2000, this
17transfer is no longer required and shall not be made.
18    Net revenue realized for a month shall be the revenue
19collected by the State pursuant to this Act, less the amount
20paid out during that month as refunds to taxpayers for
21overpayment of liability.
22    For greater simplicity of administration, manufacturers,
23importers and wholesalers whose products are sold at retail in
24Illinois by numerous retailers, and who wish to do so, may
25assume the responsibility for accounting and paying to the
26Department all tax accruing under this Act with respect to such

 

 

HB5447 Enrolled- 725 -LRB100 16294 AMC 31417 b

1sales, if the retailers who are affected do not make written
2objection to the Department to this arrangement.
3    Any person who promotes, organizes, provides retail
4selling space for concessionaires or other types of sellers at
5the Illinois State Fair, DuQuoin State Fair, county fairs,
6local fairs, art shows, flea markets and similar exhibitions or
7events, including any transient merchant as defined by Section
82 of the Transient Merchant Act of 1987, is required to file a
9report with the Department providing the name of the merchant's
10business, the name of the person or persons engaged in
11merchant's business, the permanent address and Illinois
12Retailers Occupation Tax Registration Number of the merchant,
13the dates and location of the event and other reasonable
14information that the Department may require. The report must be
15filed not later than the 20th day of the month next following
16the month during which the event with retail sales was held.
17Any person who fails to file a report required by this Section
18commits a business offense and is subject to a fine not to
19exceed $250.
20    Any person engaged in the business of selling tangible
21personal property at retail as a concessionaire or other type
22of seller at the Illinois State Fair, county fairs, art shows,
23flea markets and similar exhibitions or events, or any
24transient merchants, as defined by Section 2 of the Transient
25Merchant Act of 1987, may be required to make a daily report of
26the amount of such sales to the Department and to make a daily

 

 

HB5447 Enrolled- 726 -LRB100 16294 AMC 31417 b

1payment of the full amount of tax due. The Department shall
2impose this requirement when it finds that there is a
3significant risk of loss of revenue to the State at such an
4exhibition or event. Such a finding shall be based on evidence
5that a substantial number of concessionaires or other sellers
6who are not residents of Illinois will be engaging in the
7business of selling tangible personal property at retail at the
8exhibition or event, or other evidence of a significant risk of
9loss of revenue to the State. The Department shall notify
10concessionaires and other sellers affected by the imposition of
11this requirement. In the absence of notification by the
12Department, the concessionaires and other sellers shall file
13their returns as otherwise required in this Section.
14(Source: P.A. 99-352, eff. 8-12-15; 99-858, eff. 8-19-16;
1599-933, eff. 1-27-17; 100-303, eff. 8-24-17; 100-363, eff.
167-1-18; revised 10-27-17.)
 
17    Section 220. The Property Tax Code is amended by changing
18Sections 15-172, 21-95, and 21-265 as follows:
 
19    (35 ILCS 200/15-172)
20    Sec. 15-172. Senior Citizens Assessment Freeze Homestead
21Exemption.
22    (a) This Section may be cited as the Senior Citizens
23Assessment Freeze Homestead Exemption.
24    (b) As used in this Section:

 

 

HB5447 Enrolled- 727 -LRB100 16294 AMC 31417 b

1    "Applicant" means an individual who has filed an
2application under this Section.
3    "Base amount" means the base year equalized assessed value
4of the residence plus the first year's equalized assessed value
5of any added improvements which increased the assessed value of
6the residence after the base year.
7    "Base year" means the taxable year prior to the taxable
8year for which the applicant first qualifies and applies for
9the exemption provided that in the prior taxable year the
10property was improved with a permanent structure that was
11occupied as a residence by the applicant who was liable for
12paying real property taxes on the property and who was either
13(i) an owner of record of the property or had legal or
14equitable interest in the property as evidenced by a written
15instrument or (ii) had a legal or equitable interest as a
16lessee in the parcel of property that was single family
17residence. If in any subsequent taxable year for which the
18applicant applies and qualifies for the exemption the equalized
19assessed value of the residence is less than the equalized
20assessed value in the existing base year (provided that such
21equalized assessed value is not based on an assessed value that
22results from a temporary irregularity in the property that
23reduces the assessed value for one or more taxable years), then
24that subsequent taxable year shall become the base year until a
25new base year is established under the terms of this paragraph.
26For taxable year 1999 only, the Chief County Assessment Officer

 

 

HB5447 Enrolled- 728 -LRB100 16294 AMC 31417 b

1shall review (i) all taxable years for which the applicant
2applied and qualified for the exemption and (ii) the existing
3base year. The assessment officer shall select as the new base
4year the year with the lowest equalized assessed value. An
5equalized assessed value that is based on an assessed value
6that results from a temporary irregularity in the property that
7reduces the assessed value for one or more taxable years shall
8not be considered the lowest equalized assessed value. The
9selected year shall be the base year for taxable year 1999 and
10thereafter until a new base year is established under the terms
11of this paragraph.
12    "Chief County Assessment Officer" means the County
13Assessor or Supervisor of Assessments of the county in which
14the property is located.
15    "Equalized assessed value" means the assessed value as
16equalized by the Illinois Department of Revenue.
17    "Household" means the applicant, the spouse of the
18applicant, and all persons using the residence of the applicant
19as their principal place of residence.
20    "Household income" means the combined income of the members
21of a household for the calendar year preceding the taxable
22year.
23    "Income" has the same meaning as provided in Section 3.07
24of the Senior Citizens and Persons with Disabilities Property
25Tax Relief Act, except that, beginning in assessment year 2001,
26"income" does not include veteran's benefits.

 

 

HB5447 Enrolled- 729 -LRB100 16294 AMC 31417 b

1    "Internal Revenue Code of 1986" means the United States
2Internal Revenue Code of 1986 or any successor law or laws
3relating to federal income taxes in effect for the year
4preceding the taxable year.
5    "Life care facility that qualifies as a cooperative" means
6a facility as defined in Section 2 of the Life Care Facilities
7Act.
8    "Maximum income limitation" means:
9        (1) $35,000 prior to taxable year 1999;
10        (2) $40,000 in taxable years 1999 through 2003;
11        (3) $45,000 in taxable years 2004 through 2005;
12        (4) $50,000 in taxable years 2006 and 2007;
13        (5) $55,000 in taxable years 2008 through 2016;
14        (6) for taxable year 2017, (i) $65,000 for qualified
15    property located in a county with 3,000,000 or more
16    inhabitants and (ii) $55,000 for qualified property
17    located in a county with fewer than 3,000,000 inhabitants;
18    and
19        (7) for taxable years 2018 and thereafter, $65,000 for
20    all qualified property.
21    "Residence" means the principal dwelling place and
22appurtenant structures used for residential purposes in this
23State occupied on January 1 of the taxable year by a household
24and so much of the surrounding land, constituting the parcel
25upon which the dwelling place is situated, as is used for
26residential purposes. If the Chief County Assessment Officer

 

 

HB5447 Enrolled- 730 -LRB100 16294 AMC 31417 b

1has established a specific legal description for a portion of
2property constituting the residence, then that portion of
3property shall be deemed the residence for the purposes of this
4Section.
5    "Taxable year" means the calendar year during which ad
6valorem property taxes payable in the next succeeding year are
7levied.
8    (c) Beginning in taxable year 1994, a senior citizens
9assessment freeze homestead exemption is granted for real
10property that is improved with a permanent structure that is
11occupied as a residence by an applicant who (i) is 65 years of
12age or older during the taxable year, (ii) has a household
13income that does not exceed the maximum income limitation,
14(iii) is liable for paying real property taxes on the property,
15and (iv) is an owner of record of the property or has a legal or
16equitable interest in the property as evidenced by a written
17instrument. This homestead exemption shall also apply to a
18leasehold interest in a parcel of property improved with a
19permanent structure that is a single family residence that is
20occupied as a residence by a person who (i) is 65 years of age
21or older during the taxable year, (ii) has a household income
22that does not exceed the maximum income limitation, (iii) has a
23legal or equitable ownership interest in the property as
24lessee, and (iv) is liable for the payment of real property
25taxes on that property.
26    In counties of 3,000,000 or more inhabitants, the amount of

 

 

HB5447 Enrolled- 731 -LRB100 16294 AMC 31417 b

1the exemption for all taxable years is the equalized assessed
2value of the residence in the taxable year for which
3application is made minus the base amount. In all other
4counties, the amount of the exemption is as follows: (i)
5through taxable year 2005 and for taxable year 2007 and
6thereafter, the amount of this exemption shall be the equalized
7assessed value of the residence in the taxable year for which
8application is made minus the base amount; and (ii) for taxable
9year 2006, the amount of the exemption is as follows:
10        (1) For an applicant who has a household income of
11    $45,000 or less, the amount of the exemption is the
12    equalized assessed value of the residence in the taxable
13    year for which application is made minus the base amount.
14        (2) For an applicant who has a household income
15    exceeding $45,000 but not exceeding $46,250, the amount of
16    the exemption is (i) the equalized assessed value of the
17    residence in the taxable year for which application is made
18    minus the base amount (ii) multiplied by 0.8.
19        (3) For an applicant who has a household income
20    exceeding $46,250 but not exceeding $47,500, the amount of
21    the exemption is (i) the equalized assessed value of the
22    residence in the taxable year for which application is made
23    minus the base amount (ii) multiplied by 0.6.
24        (4) For an applicant who has a household income
25    exceeding $47,500 but not exceeding $48,750, the amount of
26    the exemption is (i) the equalized assessed value of the

 

 

HB5447 Enrolled- 732 -LRB100 16294 AMC 31417 b

1    residence in the taxable year for which application is made
2    minus the base amount (ii) multiplied by 0.4.
3        (5) For an applicant who has a household income
4    exceeding $48,750 but not exceeding $50,000, the amount of
5    the exemption is (i) the equalized assessed value of the
6    residence in the taxable year for which application is made
7    minus the base amount (ii) multiplied by 0.2.
8    When the applicant is a surviving spouse of an applicant
9for a prior year for the same residence for which an exemption
10under this Section has been granted, the base year and base
11amount for that residence are the same as for the applicant for
12the prior year.
13    Each year at the time the assessment books are certified to
14the County Clerk, the Board of Review or Board of Appeals shall
15give to the County Clerk a list of the assessed values of
16improvements on each parcel qualifying for this exemption that
17were added after the base year for this parcel and that
18increased the assessed value of the property.
19    In the case of land improved with an apartment building
20owned and operated as a cooperative or a building that is a
21life care facility that qualifies as a cooperative, the maximum
22reduction from the equalized assessed value of the property is
23limited to the sum of the reductions calculated for each unit
24occupied as a residence by a person or persons (i) 65 years of
25age or older, (ii) with a household income that does not exceed
26the maximum income limitation, (iii) who is liable, by contract

 

 

HB5447 Enrolled- 733 -LRB100 16294 AMC 31417 b

1with the owner or owners of record, for paying real property
2taxes on the property, and (iv) who is an owner of record of a
3legal or equitable interest in the cooperative apartment
4building, other than a leasehold interest. In the instance of a
5cooperative where a homestead exemption has been granted under
6this Section, the cooperative association or its management
7firm shall credit the savings resulting from that exemption
8only to the apportioned tax liability of the owner who
9qualified for the exemption. Any person who willfully refuses
10to credit that savings to an owner who qualifies for the
11exemption is guilty of a Class B misdemeanor.
12    When a homestead exemption has been granted under this
13Section and an applicant then becomes a resident of a facility
14licensed under the Assisted Living and Shared Housing Act, the
15Nursing Home Care Act, the Specialized Mental Health
16Rehabilitation Act of 2013, the ID/DD Community Care Act, or
17the MC/DD Act, the exemption shall be granted in subsequent
18years so long as the residence (i) continues to be occupied by
19the qualified applicant's spouse or (ii) if remaining
20unoccupied, is still owned by the qualified applicant for the
21homestead exemption.
22    Beginning January 1, 1997, when an individual dies who
23would have qualified for an exemption under this Section, and
24the surviving spouse does not independently qualify for this
25exemption because of age, the exemption under this Section
26shall be granted to the surviving spouse for the taxable year

 

 

HB5447 Enrolled- 734 -LRB100 16294 AMC 31417 b

1preceding and the taxable year of the death, provided that,
2except for age, the surviving spouse meets all other
3qualifications for the granting of this exemption for those
4years.
5    When married persons maintain separate residences, the
6exemption provided for in this Section may be claimed by only
7one of such persons and for only one residence.
8    For taxable year 1994 only, in counties having less than
93,000,000 inhabitants, to receive the exemption, a person shall
10submit an application by February 15, 1995 to the Chief County
11Assessment Officer of the county in which the property is
12located. In counties having 3,000,000 or more inhabitants, for
13taxable year 1994 and all subsequent taxable years, to receive
14the exemption, a person may submit an application to the Chief
15County Assessment Officer of the county in which the property
16is located during such period as may be specified by the Chief
17County Assessment Officer. The Chief County Assessment Officer
18in counties of 3,000,000 or more inhabitants shall annually
19give notice of the application period by mail or by
20publication. In counties having less than 3,000,000
21inhabitants, beginning with taxable year 1995 and thereafter,
22to receive the exemption, a person shall submit an application
23by July 1 of each taxable year to the Chief County Assessment
24Officer of the county in which the property is located. A
25county may, by ordinance, establish a date for submission of
26applications that is different than July 1. The applicant shall

 

 

HB5447 Enrolled- 735 -LRB100 16294 AMC 31417 b

1submit with the application an affidavit of the applicant's
2total household income, age, marital status (and if married the
3name and address of the applicant's spouse, if known), and
4principal dwelling place of members of the household on January
51 of the taxable year. The Department shall establish, by rule,
6a method for verifying the accuracy of affidavits filed by
7applicants under this Section, and the Chief County Assessment
8Officer may conduct audits of any taxpayer claiming an
9exemption under this Section to verify that the taxpayer is
10eligible to receive the exemption. Each application shall
11contain or be verified by a written declaration that it is made
12under the penalties of perjury. A taxpayer's signing a
13fraudulent application under this Act is perjury, as defined in
14Section 32-2 of the Criminal Code of 2012. The applications
15shall be clearly marked as applications for the Senior Citizens
16Assessment Freeze Homestead Exemption and must contain a notice
17that any taxpayer who receives the exemption is subject to an
18audit by the Chief County Assessment Officer.
19    Notwithstanding any other provision to the contrary, in
20counties having fewer than 3,000,000 inhabitants, if an
21applicant fails to file the application required by this
22Section in a timely manner and this failure to file is due to a
23mental or physical condition sufficiently severe so as to
24render the applicant incapable of filing the application in a
25timely manner, the Chief County Assessment Officer may extend
26the filing deadline for a period of 30 days after the applicant

 

 

HB5447 Enrolled- 736 -LRB100 16294 AMC 31417 b

1regains the capability to file the application, but in no case
2may the filing deadline be extended beyond 3 months of the
3original filing deadline. In order to receive the extension
4provided in this paragraph, the applicant shall provide the
5Chief County Assessment Officer with a signed statement from
6the applicant's physician, advanced practice registered nurse,
7or physician assistant stating the nature and extent of the
8condition, that, in the physician's, advanced practice
9registered nurse's, or physician assistant's opinion, the
10condition was so severe that it rendered the applicant
11incapable of filing the application in a timely manner, and the
12date on which the applicant regained the capability to file the
13application.
14    Beginning January 1, 1998, notwithstanding any other
15provision to the contrary, in counties having fewer than
163,000,000 inhabitants, if an applicant fails to file the
17application required by this Section in a timely manner and
18this failure to file is due to a mental or physical condition
19sufficiently severe so as to render the applicant incapable of
20filing the application in a timely manner, the Chief County
21Assessment Officer may extend the filing deadline for a period
22of 3 months. In order to receive the extension provided in this
23paragraph, the applicant shall provide the Chief County
24Assessment Officer with a signed statement from the applicant's
25physician, advanced practice registered nurse, or physician
26assistant stating the nature and extent of the condition, and

 

 

HB5447 Enrolled- 737 -LRB100 16294 AMC 31417 b

1that, in the physician's, advanced practice registered
2nurse's, or physician assistant's opinion, the condition was so
3severe that it rendered the applicant incapable of filing the
4application in a timely manner.
5    In counties having less than 3,000,000 inhabitants, if an
6applicant was denied an exemption in taxable year 1994 and the
7denial occurred due to an error on the part of an assessment
8official, or his or her agent or employee, then beginning in
9taxable year 1997 the applicant's base year, for purposes of
10determining the amount of the exemption, shall be 1993 rather
11than 1994. In addition, in taxable year 1997, the applicant's
12exemption shall also include an amount equal to (i) the amount
13of any exemption denied to the applicant in taxable year 1995
14as a result of using 1994, rather than 1993, as the base year,
15(ii) the amount of any exemption denied to the applicant in
16taxable year 1996 as a result of using 1994, rather than 1993,
17as the base year, and (iii) the amount of the exemption
18erroneously denied for taxable year 1994.
19    For purposes of this Section, a person who will be 65 years
20of age during the current taxable year shall be eligible to
21apply for the homestead exemption during that taxable year.
22Application shall be made during the application period in
23effect for the county of his or her residence.
24    The Chief County Assessment Officer may determine the
25eligibility of a life care facility that qualifies as a
26cooperative to receive the benefits provided by this Section by

 

 

HB5447 Enrolled- 738 -LRB100 16294 AMC 31417 b

1use of an affidavit, application, visual inspection,
2questionnaire, or other reasonable method in order to insure
3that the tax savings resulting from the exemption are credited
4by the management firm to the apportioned tax liability of each
5qualifying resident. The Chief County Assessment Officer may
6request reasonable proof that the management firm has so
7credited that exemption.
8    Except as provided in this Section, all information
9received by the chief county assessment officer or the
10Department from applications filed under this Section, or from
11any investigation conducted under the provisions of this
12Section, shall be confidential, except for official purposes or
13pursuant to official procedures for collection of any State or
14local tax or enforcement of any civil or criminal penalty or
15sanction imposed by this Act or by any statute or ordinance
16imposing a State or local tax. Any person who divulges any such
17information in any manner, except in accordance with a proper
18judicial order, is guilty of a Class A misdemeanor.
19    Nothing contained in this Section shall prevent the
20Director or chief county assessment officer from publishing or
21making available reasonable statistics concerning the
22operation of the exemption contained in this Section in which
23the contents of claims are grouped into aggregates in such a
24way that information contained in any individual claim shall
25not be disclosed.
26    Notwithstanding any other provision of law, for taxable

 

 

HB5447 Enrolled- 739 -LRB100 16294 AMC 31417 b

1year 2017 and thereafter, in counties of 3,000,000 or more
2inhabitants, the amount of the exemption shall be the greater
3of (i) the amount of the exemption otherwise calculated under
4this Section or (ii) $2,000.
5    (d) Each Chief County Assessment Officer shall annually
6publish a notice of availability of the exemption provided
7under this Section. The notice shall be published at least 60
8days but no more than 75 days prior to the date on which the
9application must be submitted to the Chief County Assessment
10Officer of the county in which the property is located. The
11notice shall appear in a newspaper of general circulation in
12the county.
13    Notwithstanding Sections 6 and 8 of the State Mandates Act,
14no reimbursement by the State is required for the
15implementation of any mandate created by this Section.
16(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;
1799-581, eff. 1-1-17; 99-642, eff. 7-28-16; 100-401, eff.
188-25-17; 100-513, eff. 1-1-18; revised 9-25-17.)
 
19    (35 ILCS 200/21-95)
20    Sec. 21-95. Tax abatement after acquisition by a
21governmental unit. When any county, municipality, school
22district, forest preserve district, or park district acquires
23property through the foreclosure of a lien, through a judicial
24deed, through the foreclosure of receivership certificate
25lien, or by acceptance of a deed of conveyance in lieu of

 

 

HB5447 Enrolled- 740 -LRB100 16294 AMC 31417 b

1foreclosing any lien against the property, or when a government
2unit acquires property under the Abandoned Housing
3Rehabilitation Act or a blight reduction or abandoned property
4program administered by the Illinois Housing Development
5Authority, or when any county or other taxing district acquires
6a deed for property under Section 21-90 or Sections 21-145 and
721-260, or when any county, municipality, school district,
8forest preserve district, or park district acquires title to
9property that was to be transferred to that county,
10municipality, school district, forest preserve district, or
11park district under the terms of an annexation agreement,
12development agreement, donation agreement, plat of
13subdivision, or zoning ordinance by an entity that has been
14dissolved or is being dissolved or has been in bankruptcy
15proceedings or is in bankruptcy proceedings, all due or unpaid
16property taxes and existing liens for unpaid property taxes
17imposed or pending under any law or ordinance of this State or
18any of its political subdivisions shall become null and void.
19(Source: P.A. 100-314; eff. 8-24-17; 100-445, eff. 1-1-18;
20revised 9-22-17.)
 
21    (35 ILCS 200/21-265)
22    Sec. 21-265. Scavenger sale; persons ineligible to bid or
23purchase. (a) No person, except a unit of local government,
24shall be eligible to bid or receive a certificate of purchase
25at any sale under Section 21-260 unless that person has

 

 

HB5447 Enrolled- 741 -LRB100 16294 AMC 31417 b

1completed and delivered to the county clerk a true, accurate
2and complete application for certificate of purchase which
3shall affirm that:
4        (1) the person has not bid upon or applied to purchase
5    any property at the sale for a person who is the party or
6    agent of the party who owns the property or is responsible
7    for the payment of the delinquent taxes;
8        (2) the person is not, nor is he or she the agent for,
9    the owner or party responsible for payment of the general
10    taxes on any property which is located in the same county
11    in which the sale is held and which is tax delinquent or
12    forfeited for all or any part of each of 2 or more years,
13    excepting any year for which a certificate of error issued
14    under Sections 14-15, 14-20, and 14-25 is pending for
15    adjudication; and
16        (3) the person, although otherwise eligible to bid, has
17    not either directly or through an agent twice during the
18    same sale failed to complete a purchase by the immediate
19    payment of the minimum bid or the payment of the balance of
20    a bid within the time provided by Section 21-260.
21(Source: P.A. 86-949; 87-669; 88-455; revised 9-22-17.)
 
22    Section 225. The Mobile Home Local Services Tax Enforcement
23Act is amended by changing Section 205 as follows:
 
24    (35 ILCS 516/205)

 

 

HB5447 Enrolled- 742 -LRB100 16294 AMC 31417 b

1    Sec. 205. Scavenger sale; persons ineligible to bid or
2purchase. (a) No person, except a unit of local government,
3shall be eligible to bid or receive a certificate of purchase
4at any sale under Section 200 unless that person has completed
5and delivered to the county clerk a true, accurate, and
6complete application for certificate of purchase which shall
7affirm that:
8        (1) the person has not bid upon or applied to purchase
9    any mobile home at the sale for a person who is the party
10    or agent of the party who owns the mobile home or is
11    responsible for the payment of the delinquent taxes;
12        (2) the person is not, nor is he or she the agent for,
13    the owner or party responsible for payment of the taxes on
14    any mobile home which is located in the same county in
15    which the sale is held and which is tax delinquent or
16    forfeited for all or any part of each of 2 or more years;
17    and
18        (3) the person, although otherwise eligible to bid, has
19    not either directly or through an agent twice during the
20    same sale failed to complete a purchase by the immediate
21    payment of the minimum bid or the payment of the balance of
22    a bid within the time provided by Section 200.
23(Source: P.A. 92-807, eff. 1-1-03; revised 9-22-17.)
 
24    Section 230. The Water Company Invested Capital Tax Act is
25amended by changing Section 2 as follows:
 

 

 

HB5447 Enrolled- 743 -LRB100 16294 AMC 31417 b

1    (35 ILCS 625/2)  (from Ch. 120, par. 1412)
2    Sec. 2. Definitions. As used in this Section, the following
3words and phrases shall have the meanings ascribed herein
4unless the context clearly requires otherwise:
5    "Department" means the Department of Revenue of the State
6of Illinois.
7    "Director" means the Director of Revenue for the Department
8of Revenue of the State of Illinois.
9    "Taxpayer" means a person engaged in the business of
10distributing, supplying, furnishing or selling water for use or
11consumption and not for resale or distributing, supplying,
12furnishing or selling water for use or consumption and
13providing sewerage disposal service.
14    "Person" means any natural individual, firm, trust,
15estate, partnership, association, joint stock company, joint
16adventure, corporation, limited liability company, or a
17receiver, trustee, conservator or other representative
18appointed by order of any court, or any city, town, county or
19other political subdivision of this State.
20    "Water company" means and includes every corporation,
21company, association, joint stock company or association,
22firm, partnership or individual, their lessees, trustees, or
23receivers appointed by any court whatsoever that is regulated
24by the Illinois Commerce Commission under the Public Utilities
25Act "An Act concerning public utilities", approved June 29,

 

 

HB5447 Enrolled- 744 -LRB100 16294 AMC 31417 b

11921, as amended, and that owns, controls, operates, or
2manages, within this State, directly or indirectly, for public
3use, any plant, equipment or property used or to be used for or
4in connection with, or owns or controls any franchise, license,
5permit or right to engage in:
6        (A) the production, storage, transmission, sale,
7    delivery or furnishing of water; or
8        (B) the production, storage, transmission, sale,
9    delivery or furnishing of water and the disposal of
10    sewerage.
11    "Water company" does not include, however, water
12companies, as defined in this Section, that are owned and
13operated by any political subdivision or municipal corporation
14of this State, or owned by such political subdivision or
15municipal corporation and operated by any of its lessees or
16operating agents, or which are purely mutual concerns, having
17no rates or charges for services, but paying the operating
18expenses by assessment upon the members of such a company and
19no other person.
20    "Invested capital" means that amount equal to (i) the
21average of the balances at the beginning and end of the taxable
22period of the taxpayer's total stockholder's equity and total
23long-term debt, less investments in and advances to all
24corporations, as set forth on the balance sheets included in
25the taxpayer's annual report to the Illinois Commerce
26Commission for the taxable period; (ii) multiplied by a

 

 

HB5447 Enrolled- 745 -LRB100 16294 AMC 31417 b

1fraction determined under Sections 301 and 304(a) of the
2"Illinois Income Tax Act" and reported on the Illinois income
3tax return for the taxable period ending in or with the taxable
4period in question. However, notwithstanding the income tax
5return reporting requirement stated above, beginning July 1,
61979, no taxpayer's denominators used to compute the sales,
7property or payroll factors under subsection (a) of Section 304
8of the Illinois Income Tax Act shall include payroll, property
9or sales of any corporate entity other than the taxpayer for
10the purposes of determining an allocation for the invested
11capital tax. Public Act 82-1024 This amendatory Act of 1982 is
12not intended to and does not make any change in the meaning of
13any provision of this Act, it having been the intent of the
14General Assembly in initially enacting the definition of
15"invested capital" to provide for apportionment of the invested
16capital of each company, based solely upon the sales, property
17and payroll of that company.
18    "Taxable period" means each period which ends after August
1914, 1979 and which is covered by an annual report filed by the
20taxpayer with the Illinois Commerce Commission.
21(Source: P.A. 88-480; revised 10-11-17.)
 
22    Section 235. The Illinois Pension Code is amended by
23changing Sections 1-113.22, 3-143, 7-172, 8-251, 11-223.1,
2411-230, and 16-158 as follows:
 

 

 

HB5447 Enrolled- 746 -LRB100 16294 AMC 31417 b

1    (40 ILCS 5/1-113.22)
2    Sec. 1-113.22. Required disclosures from consultants;
3minority-owned minority owned businesses, women-owned female
4owned businesses, and businesses owned by persons with a
5disability.
6    (a) No later than January 1, 2018 and each January 1
7thereafter, each consultant retained by the board of a
8retirement system, board of a pension fund, or investment board
9shall disclose to that board of the retirement system, board of
10the pension fund, or investment board:
11        (1) the total number of searches for investment
12    services made by the consultant in the prior calendar year;
13        (2) the total number of searches for investment
14    services made by the consultant in the prior calendar year
15    that included (i) a minority-owned minority owned
16    business, (ii) a women-owned female owned business, or
17    (iii) a business owned by a person with a disability;
18        (3) the total number of searches for investment
19    services made by the consultant in the prior calendar year
20    in which the consultant recommended for selection (i) a
21    minority-owned minority owned business, (ii) a women-owned
22    female owned business, or (iii) a business owned by a
23    person with a disability;
24        (4) the total number of searches for investment
25    services made by the consultant in the prior calendar year
26    that resulted in the selection of (i) a minority-owned

 

 

HB5447 Enrolled- 747 -LRB100 16294 AMC 31417 b

1    minority owned business, (ii) a women-owned female owned
2    business, or (iii) a business owned by a person with a
3    disability; and
4        (5) the total dollar amount of investment made in the
5    previous calendar year with (i) a minority-owned minority
6    owned business, (ii) a women-owned female owned business,
7    or (iii) a business owned by a person with a disability
8    that was selected after a search for investment services
9    performed by the consultant.
10    (b) Beginning January 1, 2018, no contract, oral or
11written, for consulting services shall be awarded by a board of
12a retirement system, a board of a pension fund, or an
13investment board without first requiring the consultant to make
14the disclosures required in subsection (a) of this Section.
15    (c) The disclosures required by subsection (b) of this
16Section shall be considered, within the bounds of financial and
17fiduciary prudence, prior to the awarding of a contract, oral
18or written, for consulting services.
19    (d) As used in this Section, the terms "minority person",
20"woman" "female", "person with a disability", "minority-owned
21minority owned business", "women-owned female owned business",
22and "business owned by a person with a disability" have the
23same meaning as those terms have in the Business Enterprise for
24Minorities, Women Females, and Persons with Disabilities Act.
25(Source: P.A. 100-542, eff. 11-8-17; revised 12-14-17.)
 

 

 

HB5447 Enrolled- 748 -LRB100 16294 AMC 31417 b

1    (40 ILCS 5/3-143)  (from Ch. 108 1/2, par. 3-143)
2    Sec. 3-143. Report by pension board.
3    (a) The pension board shall report annually to the city
4council or board of trustees of the municipality on the
5condition of the pension fund at the end of its most recently
6completed fiscal year. The report shall be made prior to the
7council or board meeting held for the levying of taxes for the
8year for which the report is made.
9    The pension board shall certify and provide the following
10information to the city council or board of trustees of the
11municipality:
12        (1) the total assets of the fund in its custody at the
13    end of the fiscal year and the current market value of
14    those assets;
15        (2) the estimated receipts during the next succeeding
16    fiscal year from deductions from the salaries of police
17    officers, and from all other sources;
18        (3) the estimated amount required during the next
19    succeeding fiscal year to (a) pay all pensions and other
20    obligations provided in this Article, and (b) to meet the
21    annual requirements of the fund as provided in Sections
22    3-125 and 3-127;
23        (4) the total net income received from investment of
24    assets along with the assumed investment return and actual
25    investment return received by the fund during its most
26    recently completed fiscal year compared to the total net

 

 

HB5447 Enrolled- 749 -LRB100 16294 AMC 31417 b

1    income, assumed investment return, and actual investment
2    return received during the preceding fiscal year;
3        (5) the total number of active employees who are
4    financially contributing to the fund;
5        (6) the total amount that was disbursed in benefits
6    during the fiscal year, including the number of and total
7    amount disbursed to (i) annuitants in receipt of a regular
8    retirement pension, (ii) recipients being paid a
9    disability pension, and (iii) survivors and children in
10    receipt of benefits;
11        (7) the funded ratio of the fund;
12        (8) the unfunded liability carried by the fund, along
13    with an actuarial explanation of the unfunded liability;
14    and
15        (9) the investment policy of the pension board under
16    the statutory investment restrictions imposed on the fund.
17    Before the pension board makes its report, the municipality
18shall have the assets of the fund and their current market
19value verified by an independent certified public accountant of
20its choice.
21    (b) The municipality is authorized to publish the report
22submitted under this Section. This publication may be made,
23without limitation, by publication in a local newspaper of
24general circulation in the municipality or by publication on
25the municipality's Internet website. If the municipality
26publishes the report, then that publication must include all of

 

 

HB5447 Enrolled- 750 -LRB100 16294 AMC 31417 b

1the information submitted by the pension board under subsection
2(a).
3(Source: P.A. 95-950, eff. 8-29-08; revised 11-8-17.)
 
4    (40 ILCS 5/7-172)  (from Ch. 108 1/2, par. 7-172)
5    Sec. 7-172. Contributions by participating municipalities
6and participating instrumentalities.
7    (a) Each participating municipality and each participating
8instrumentality shall make payment to the fund as follows:
9        1. municipality contributions in an amount determined
10    by applying the municipality contribution rate to each
11    payment of earnings paid to each of its participating
12    employees;
13        2. an amount equal to the employee contributions
14    provided by paragraph (a) of Section 7-173, whether or not
15    the employee contributions are withheld as permitted by
16    that Section;
17        3. all accounts receivable, together with interest
18    charged thereon, as provided in Section 7-209, and any
19    amounts due under subsection (a-5) of Section 7-144;
20        4. if it has no participating employees with current
21    earnings, an amount payable which, over a closed period of
22    20 years for participating municipalities and 10 years for
23    participating instrumentalities, will amortize, at the
24    effective rate for that year, any unfunded obligation. The
25    unfunded obligation shall be computed as provided in

 

 

HB5447 Enrolled- 751 -LRB100 16294 AMC 31417 b

1    paragraph 2 of subsection (b);
2        5. if it has fewer than 7 participating employees or a
3    negative balance in its municipality reserve, the greater
4    of (A) an amount payable that, over a period of 20 years,
5    will amortize at the effective rate for that year any
6    unfunded obligation, computed as provided in paragraph 2 of
7    subsection (b) or (B) the amount required by paragraph 1 of
8    this subsection (a).
9    (b) A separate municipality contribution rate shall be
10determined for each calendar year for all participating
11municipalities together with all instrumentalities thereof.
12The municipality contribution rate shall be determined for
13participating instrumentalities as if they were participating
14municipalities. The municipality contribution rate shall be
15the sum of the following percentages:
16        1. The percentage of earnings of all the participating
17    employees of all participating municipalities and
18    participating instrumentalities which, if paid over the
19    entire period of their service, will be sufficient when
20    combined with all employee contributions available for the
21    payment of benefits, to provide all annuities for
22    participating employees, and the $3,000 death benefit
23    payable under Sections 7-158 and 7-164, such percentage to
24    be known as the normal cost rate.
25        2. The percentage of earnings of the participating
26    employees of each participating municipality and

 

 

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1    participating instrumentalities necessary to adjust for
2    the difference between the present value of all benefits,
3    excluding temporary and total and permanent disability and
4    death benefits, to be provided for its participating
5    employees and the sum of its accumulated municipality
6    contributions and the accumulated employee contributions
7    and the present value of expected future employee and
8    municipality contributions pursuant to subparagraph 1 of
9    this paragraph (b). This adjustment shall be spread over a
10    period determined by the Board, not to exceed 30 years for
11    participating municipalities or 10 years for participating
12    instrumentalities.
13        3. The percentage of earnings of the participating
14    employees of all municipalities and participating
15    instrumentalities necessary to provide the present value
16    of all temporary and total and permanent disability
17    benefits granted during the most recent year for which
18    information is available.
19        4. The percentage of earnings of the participating
20    employees of all participating municipalities and
21    participating instrumentalities necessary to provide the
22    present value of the net single sum death benefits expected
23    to become payable from the reserve established under
24    Section 7-206 during the year for which this rate is fixed.
25        5. The percentage of earnings necessary to meet any
26    deficiency arising in the Terminated Municipality Reserve.

 

 

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1    (c) A separate municipality contribution rate shall be
2computed for each participating municipality or participating
3instrumentality for its sheriff's law enforcement employees.
4    A separate municipality contribution rate shall be
5computed for the sheriff's law enforcement employees of each
6forest preserve district that elects to have such employees.
7For the period from January 1, 1986 to December 31, 1986, such
8rate shall be the forest preserve district's regular rate plus
92%.
10    In the event that the Board determines that there is an
11actuarial deficiency in the account of any municipality with
12respect to a person who has elected to participate in the Fund
13under Section 3-109.1 of this Code, the Board may adjust the
14municipality's contribution rate so as to make up that
15deficiency over such reasonable period of time as the Board may
16determine.
17    (d) The Board may establish a separate municipality
18contribution rate for all employees who are program
19participants employed under the federal Comprehensive
20Employment Training Act by all of the participating
21municipalities and instrumentalities. The Board may also
22provide that, in lieu of a separate municipality rate for these
23employees, a portion of the municipality contributions for such
24program participants shall be refunded or an extra charge
25assessed so that the amount of municipality contributions
26retained or received by the fund for all CETA program

 

 

HB5447 Enrolled- 754 -LRB100 16294 AMC 31417 b

1participants shall be an amount equal to that which would be
2provided by the separate municipality contribution rate for all
3such program participants. Refunds shall be made to prime
4sponsors of programs upon submission of a claim therefor and
5extra charges shall be assessed to participating
6municipalities and instrumentalities. In establishing the
7municipality contribution rate as provided in paragraph (b) of
8this Section, the use of a separate municipality contribution
9rate for program participants or the refund of a portion of the
10municipality contributions, as the case may be, may be
11considered.
12    (e) Computations of municipality contribution rates for
13the following calendar year shall be made prior to the
14beginning of each year, from the information available at the
15time the computations are made, and on the assumption that the
16employees in each participating municipality or participating
17instrumentality at such time will continue in service until the
18end of such calendar year at their respective rates of earnings
19at such time.
20    (f) Any municipality which is the recipient of State
21allocations representing that municipality's contributions for
22retirement annuity purposes on behalf of its employees as
23provided in Section 12-21.16 of the Illinois Public Aid Code
24shall pay the allocations so received to the Board for such
25purpose. Estimates of State allocations to be received during
26any taxable year shall be considered in the determination of

 

 

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1the municipality's tax rate for that year under Section 7-171.
2If a special tax is levied under Section 7-171, none of the
3proceeds may be used to reimburse the municipality for the
4amount of State allocations received and paid to the Board. Any
5multiple-county or consolidated health department which
6receives contributions from a county under Section 11.2 of "An
7Act in relation to establishment and maintenance of county and
8multiple-county health departments", approved July 9, 1943, as
9amended, or distributions under Section 3 of the Department of
10Public Health Act, shall use these only for municipality
11contributions by the health department.
12    (g) Municipality contributions for the several purposes
13specified shall, for township treasurers and employees in the
14offices of the township treasurers who meet the qualifying
15conditions for coverage hereunder, be allocated among the
16several school districts and parts of school districts serviced
17by such treasurers and employees in the proportion which the
18amount of school funds of each district or part of a district
19handled by the treasurer bears to the total amount of all
20school funds handled by the treasurer.
21    From the funds subject to allocation among districts and
22parts of districts pursuant to the School Code, the trustees
23shall withhold the proportionate share of the liability for
24municipality contributions imposed upon such districts by this
25Section, in respect to such township treasurers and employees
26and remit the same to the Board.

 

 

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1    The municipality contribution rate for an educational
2service center shall initially be the same rate for each year
3as the regional office of education or school district which
4serves as its administrative agent. When actuarial data become
5available, a separate rate shall be established as provided in
6subparagraph (i) of this Section.
7    The municipality contribution rate for a public agency,
8other than a vocational education cooperative, formed under the
9Intergovernmental Cooperation Act shall initially be the
10average rate for the municipalities which are parties to the
11intergovernmental agreement. When actuarial data become
12available, a separate rate shall be established as provided in
13subparagraph (i) of this Section.
14    (h) Each participating municipality and participating
15instrumentality shall make the contributions in the amounts
16provided in this Section in the manner prescribed from time to
17time by the Board and all such contributions shall be
18obligations of the respective participating municipalities and
19participating instrumentalities to this fund. The failure to
20deduct any employee contributions shall not relieve the
21participating municipality or participating instrumentality of
22its obligation to this fund. Delinquent payments of
23contributions due under this Section may, with interest, be
24recovered by civil action against the participating
25municipalities or participating instrumentalities.
26Municipality contributions, other than the amount necessary

 

 

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1for employee contributions, for periods of service by employees
2from whose earnings no deductions were made for employee
3contributions to the fund, may be charged to the municipality
4reserve for the municipality or participating instrumentality.
5    (i) Contributions by participating instrumentalities shall
6be determined as provided herein except that the percentage
7derived under subparagraph 2 of paragraph (b) of this Section,
8and the amount payable under subparagraph 4 of paragraph (a) of
9this Section, shall be based on an amortization period of 10
10years.
11    (j) Notwithstanding the other provisions of this Section,
12the additional unfunded liability accruing as a result of
13Public Act 94-712 this amendatory Act of the 94th General
14Assembly shall be amortized over a period of 30 years beginning
15on January 1 of the second calendar year following the calendar
16year in which Public Act 94-712 this amendatory Act takes
17effect, except that the employer may provide for a longer
18amortization period by adopting a resolution or ordinance
19specifying a 35-year or 40-year period and submitting a
20certified copy of the ordinance or resolution to the fund no
21later than June 1 of the calendar year following the calendar
22year in which Public Act 94-712 this amendatory Act takes
23effect.
24    (k) If the amount of a participating employee's reported
25earnings for any of the 12-month periods used to determine the
26final rate of earnings exceeds the employee's 12-month 12 month

 

 

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1reported earnings with the same employer for the previous year
2by the greater of 6% or 1.5 times the annual increase in the
3Consumer Price Index-U, as established by the United States
4Department of Labor for the preceding September, the
5participating municipality or participating instrumentality
6that paid those earnings shall pay to the Fund, in addition to
7any other contributions required under this Article, the
8present value of the increase in the pension resulting from the
9portion of the increase in reported earnings that is in excess
10of the greater of 6% or 1.5 times the annual increase in the
11Consumer Price Index-U, as determined by the Fund. This present
12value shall be computed on the basis of the actuarial
13assumptions and tables used in the most recent actuarial
14valuation of the Fund that is available at the time of the
15computation.
16    Whenever it determines that a payment is or may be required
17under this subsection (k), the fund shall calculate the amount
18of the payment and bill the participating municipality or
19participating instrumentality for that amount. The bill shall
20specify the calculations used to determine the amount due. If
21the participating municipality or participating
22instrumentality disputes the amount of the bill, it may, within
2330 days after receipt of the bill, apply to the fund in writing
24for a recalculation. The application must specify in detail the
25grounds of the dispute. Upon receiving a timely application for
26recalculation, the fund shall review the application and, if

 

 

HB5447 Enrolled- 759 -LRB100 16294 AMC 31417 b

1appropriate, recalculate the amount due. The participating
2municipality and participating instrumentality contributions
3required under this subsection (k) may be paid in the form of a
4lump sum within 90 days after receipt of the bill. If the
5participating municipality and participating instrumentality
6contributions are not paid within 90 days after receipt of the
7bill, then interest will be charged at a rate equal to the
8fund's annual actuarially assumed rate of return on investment
9compounded annually from the 91st day after receipt of the
10bill. Payments must be concluded within 3 years after receipt
11of the bill by the participating municipality or participating
12instrumentality.
13    When assessing payment for any amount due under this
14subsection (k), the fund shall exclude earnings increases
15resulting from overload or overtime earnings.
16    When assessing payment for any amount due under this
17subsection (k), the fund shall exclude earnings increases
18resulting from payments for unused vacation time, but only for
19payments for unused vacation time made in the final 3 months of
20the final rate of earnings period.
21    When assessing payment for any amount due under this
22subsection (k), the fund shall also exclude earnings increases
23attributable to standard employment promotions resulting in
24increased responsibility and workload.
25    This subsection (k) does not apply to earnings increases
26paid to individuals under contracts or collective bargaining

 

 

HB5447 Enrolled- 760 -LRB100 16294 AMC 31417 b

1agreements entered into, amended, or renewed before January 1,
22012 (the effective date of Public Act 97-609), earnings
3increases paid to members who are 10 years or more from
4retirement eligibility, or earnings increases resulting from
5an increase in the number of hours required to be worked.
6    When assessing payment for any amount due under this
7subsection (k), the fund shall also exclude earnings
8attributable to personnel policies adopted before January 1,
92012 (the effective date of Public Act 97-609) as long as those
10policies are not applicable to employees who begin service on
11or after January 1, 2012 (the effective date of Public Act
1297-609).
13    The change made to this Section by Public Act 100-139 this
14amendatory Act of the 100th General Assembly is a clarification
15of existing law and is intended to be retroactive to January 1,
162012 (the effective date of Public Act 97-609).
17(Source: P.A. 99-745, eff. 8-5-16; 100-139, eff. 8-18-17;
18100-411, eff. 8-25-17; revised 9-25-17.)
 
19    (40 ILCS 5/8-251)  (from Ch. 108 1/2, par. 8-251)
20    Sec. 8-251. Felony conviction. None of the benefits
21provided for in this Article shall be paid to any person who is
22convicted of any felony relating to or arising out of or in
23connection with his service as a municipal employee.
24    None of the benefits provided for in this Article shall be
25paid to any person who otherwise would receive a survivor

 

 

HB5447 Enrolled- 761 -LRB100 16294 AMC 31417 b

1benefit who is convicted of any felony relating to or arising
2out of or in connection with the service of the employee from
3whom the benefit results.
4    This Section shall not operate to impair any contract or
5vested right heretofore acquired under any law or laws
6continued in this Article, nor to preclude the right to a
7refund, and for the changes under Public Act 100-334 this
8amendatory Act of the 100th General Assembly, shall not impair
9any contract or vested right acquired by a survivor prior to
10August 25, 2017 (the effective date of Public Act 100-334) this
11amendatory Act of the 100th General Assembly.
12    Any refund required under this Article shall be calculated
13based on that person's contributions to the Fund, less the
14amount of any annuity benefit previously received by the person
15or his or her beneficiaries. The changes made to this Section
16by Public Act 100-23 this amendatory Act of the 100th General
17Assembly apply only to persons who first become participants
18under this Article on or after July 6, 2017 (the effective date
19of Public Act 100-23) this amendatory Act of the 100th General
20Assembly.
21    All future entrants entering service subsequent to July 11,
221955 shall be deemed to have consented to the provisions of
23this Section as a condition of coverage, and all participants
24entering service subsequent to August 25, 2017 (the effective
25date of Public Act 100-334) this amendatory Act of the 100th
26General Assembly shall be deemed to have consented to the

 

 

HB5447 Enrolled- 762 -LRB100 16294 AMC 31417 b

1provisions of Public Act 100-334 this amendatory Act as a
2condition of participation.
3(Source: P.A. 100-23, eff. 7-6-17; 100-334, eff. 8-25-17;
4revised 9-28-17.)
 
5    (40 ILCS 5/11-223.1)  (from Ch. 108 1/2, par. 11-223.1)
6    Sec. 11-223.1. Assignment for health, hospital, and
7medical insurance. The board may provide, by regulation, that
8any annuitant or pensioner, may assign his annuity or
9disability benefit, or any part thereof, for the purpose of
10premium payment for a membership for the annuitant, and his or
11her spouse and children, in a hospital care plan or medical
12surgical plan, provided, however, that the board may, in its
13discretion, terminate the right of assignment. Any such
14hospital or medical insurance plan may include provision for
15the beneficiaries thereof who rely on treatment by spiritual
16means alone through prayer for healing in accordance with the
17tenets and practice of a well-recognized well recognized
18religious denomination.
19    Upon the adoption of a regulation permitting such
20assignment, the board shall establish and administer a plan for
21the maintenance of the insurance plan membership by the
22annuitant or pensioner.
23(Source: P.A. 100-23, eff. 7-6-17; revised 9-25-17.)
 
24    (40 ILCS 5/11-230)  (from Ch. 108 1/2, par. 11-230)

 

 

HB5447 Enrolled- 763 -LRB100 16294 AMC 31417 b

1    Sec. 11-230. Felony conviction. None of the benefits
2provided in this Article shall be paid to any person who is
3convicted of any felony relating to or arising out of or in
4connection with his service as employee.
5    None of the benefits provided for in this Article shall be
6paid to any person who otherwise would receive a survivor
7benefit who is convicted of any felony relating to or arising
8out of or in connection with the service of the employee from
9whom the benefit results.
10    This Section shall not operate to impair any contract or
11vested right heretofore acquired under any law or laws
12continued in this Article, nor to preclude the right to a
13refund, and for the changes under Public Act 100-334 this
14amendatory Act of the 100th General Assembly, shall not impair
15any contract or vested right acquired by a survivor prior to
16August 25, 2017 (the effective date of Public Act 100-334) this
17amendatory Act of the 100th General Assembly.
18    Any refund required under this Article shall be calculated
19based on that person's contributions to the Fund, less the
20amount of any annuity benefit previously received by the person
21or his or beneficiaries. The changes made to this Section by
22Public Act 100-23 this amendatory Act of the 100th General
23Assembly apply only to persons who first become members or
24participants under this Article on or after July 6, 2017 (the
25effective date of Public Act 100-23) this amendatory Act of the
26100th General Assembly.

 

 

HB5447 Enrolled- 764 -LRB100 16294 AMC 31417 b

1    All future entrants entering service after July 11, 1955,
2shall be deemed to have consented to the provisions of this
3Section as a condition of coverage, and all participants
4entering service subsequent to August 25, 2017 (the effective
5date of Public Act 100-334) this amendatory Act of the 100th
6General Assembly shall be deemed to have consented to the
7provisions of Public Act 100-334 this amendatory Act as a
8condition of participation.
9(Source: P.A. 100-23, eff. 7-6-17; 100-334, eff. 8-25-17;
10revised 9-26-17.)
 
11    (40 ILCS 5/16-158)   (from Ch. 108 1/2, par. 16-158)
12    Sec. 16-158. Contributions by State and other employing
13units.
14    (a) The State shall make contributions to the System by
15means of appropriations from the Common School Fund and other
16State funds of amounts which, together with other employer
17contributions, employee contributions, investment income, and
18other income, will be sufficient to meet the cost of
19maintaining and administering the System on a 90% funded basis
20in accordance with actuarial recommendations.
21    The Board shall determine the amount of State contributions
22required for each fiscal year on the basis of the actuarial
23tables and other assumptions adopted by the Board and the
24recommendations of the actuary, using the formula in subsection
25(b-3).

 

 

HB5447 Enrolled- 765 -LRB100 16294 AMC 31417 b

1    (a-1) Annually, on or before November 15 until November 15,
22011, the Board shall certify to the Governor the amount of the
3required State contribution for the coming fiscal year. The
4certification under this subsection (a-1) shall include a copy
5of the actuarial recommendations upon which it is based and
6shall specifically identify the System's projected State
7normal cost for that fiscal year.
8    On or before May 1, 2004, the Board shall recalculate and
9recertify to the Governor the amount of the required State
10contribution to the System for State fiscal year 2005, taking
11into account the amounts appropriated to and received by the
12System under subsection (d) of Section 7.2 of the General
13Obligation Bond Act.
14    On or before July 1, 2005, the Board shall recalculate and
15recertify to the Governor the amount of the required State
16contribution to the System for State fiscal year 2006, taking
17into account the changes in required State contributions made
18by Public Act 94-4 this amendatory Act of the 94th General
19Assembly.
20    On or before April 1, 2011, the Board shall recalculate and
21recertify to the Governor the amount of the required State
22contribution to the System for State fiscal year 2011, applying
23the changes made by Public Act 96-889 to the System's assets
24and liabilities as of June 30, 2009 as though Public Act 96-889
25was approved on that date.
26    (a-5) On or before November 1 of each year, beginning

 

 

HB5447 Enrolled- 766 -LRB100 16294 AMC 31417 b

1November 1, 2012, the Board shall submit to the State Actuary,
2the Governor, and the General Assembly a proposed certification
3of the amount of the required State contribution to the System
4for the next fiscal year, along with all of the actuarial
5assumptions, calculations, and data upon which that proposed
6certification is based. On or before January 1 of each year,
7beginning January 1, 2013, the State Actuary shall issue a
8preliminary report concerning the proposed certification and
9identifying, if necessary, recommended changes in actuarial
10assumptions that the Board must consider before finalizing its
11certification of the required State contributions. On or before
12January 15, 2013 and each January 15 thereafter, the Board
13shall certify to the Governor and the General Assembly the
14amount of the required State contribution for the next fiscal
15year. The Board's certification must note any deviations from
16the State Actuary's recommended changes, the reason or reasons
17for not following the State Actuary's recommended changes, and
18the fiscal impact of not following the State Actuary's
19recommended changes on the required State contribution.
20    (a-10) By November 1, 2017, the Board shall recalculate and
21recertify to the State Actuary, the Governor, and the General
22Assembly the amount of the State contribution to the System for
23State fiscal year 2018, taking into account the changes in
24required State contributions made by Public Act 100-23 this
25amendatory Act of the 100th General Assembly. The State Actuary
26shall review the assumptions and valuations underlying the

 

 

HB5447 Enrolled- 767 -LRB100 16294 AMC 31417 b

1Board's revised certification and issue a preliminary report
2concerning the proposed recertification and identifying, if
3necessary, recommended changes in actuarial assumptions that
4the Board must consider before finalizing its certification of
5the required State contributions. The Board's final
6certification must note any deviations from the State Actuary's
7recommended changes, the reason or reasons for not following
8the State Actuary's recommended changes, and the fiscal impact
9of not following the State Actuary's recommended changes on the
10required State contribution.
11    (b) Through State fiscal year 1995, the State contributions
12shall be paid to the System in accordance with Section 18-7 of
13the School Code.
14    (b-1) Beginning in State fiscal year 1996, on the 15th day
15of each month, or as soon thereafter as may be practicable, the
16Board shall submit vouchers for payment of State contributions
17to the System, in a total monthly amount of one-twelfth of the
18required annual State contribution certified under subsection
19(a-1). From March 5, 2004 (the effective date of Public Act
2093-665) this amendatory Act of the 93rd General Assembly
21through June 30, 2004, the Board shall not submit vouchers for
22the remainder of fiscal year 2004 in excess of the fiscal year
232004 certified contribution amount determined under this
24Section after taking into consideration the transfer to the
25System under subsection (a) of Section 6z-61 of the State
26Finance Act. These vouchers shall be paid by the State

 

 

HB5447 Enrolled- 768 -LRB100 16294 AMC 31417 b

1Comptroller and Treasurer by warrants drawn on the funds
2appropriated to the System for that fiscal year.
3    If in any month the amount remaining unexpended from all
4other appropriations to the System for the applicable fiscal
5year (including the appropriations to the System under Section
68.12 of the State Finance Act and Section 1 of the State
7Pension Funds Continuing Appropriation Act) is less than the
8amount lawfully vouchered under this subsection, the
9difference shall be paid from the Common School Fund under the
10continuing appropriation authority provided in Section 1.1 of
11the State Pension Funds Continuing Appropriation Act.
12    (b-2) Allocations from the Common School Fund apportioned
13to school districts not coming under this System shall not be
14diminished or affected by the provisions of this Article.
15    (b-3) For State fiscal years 2012 through 2045, the minimum
16contribution to the System to be made by the State for each
17fiscal year shall be an amount determined by the System to be
18sufficient to bring the total assets of the System up to 90% of
19the total actuarial liabilities of the System by the end of
20State fiscal year 2045. In making these determinations, the
21required State contribution shall be calculated each year as a
22level percentage of payroll over the years remaining to and
23including fiscal year 2045 and shall be determined under the
24projected unit credit actuarial cost method.
25    For each of State fiscal years 2018, 2019, and 2020, the
26State shall make an additional contribution to the System equal

 

 

HB5447 Enrolled- 769 -LRB100 16294 AMC 31417 b

1to 2% of the total payroll of each employee who is deemed to
2have elected the benefits under Section 1-161 or who has made
3the election under subsection (c) of Section 1-161.
4    A change in an actuarial or investment assumption that
5increases or decreases the required State contribution and
6first applies in State fiscal year 2018 or thereafter shall be
7implemented in equal annual amounts over a 5-year period
8beginning in the State fiscal year in which the actuarial
9change first applies to the required State contribution.
10    A change in an actuarial or investment assumption that
11increases or decreases the required State contribution and
12first applied to the State contribution in fiscal year 2014,
132015, 2016, or 2017 shall be implemented:
14        (i) as already applied in State fiscal years before
15    2018; and
16        (ii) in the portion of the 5-year period beginning in
17    the State fiscal year in which the actuarial change first
18    applied that occurs in State fiscal year 2018 or
19    thereafter, by calculating the change in equal annual
20    amounts over that 5-year period and then implementing it at
21    the resulting annual rate in each of the remaining fiscal
22    years in that 5-year period.
23    For State fiscal years 1996 through 2005, the State
24contribution to the System, as a percentage of the applicable
25employee payroll, shall be increased in equal annual increments
26so that by State fiscal year 2011, the State is contributing at

 

 

HB5447 Enrolled- 770 -LRB100 16294 AMC 31417 b

1the rate required under this Section; except that in the
2following specified State fiscal years, the State contribution
3to the System shall not be less than the following indicated
4percentages of the applicable employee payroll, even if the
5indicated percentage will produce a State contribution in
6excess of the amount otherwise required under this subsection
7and subsection (a), and notwithstanding any contrary
8certification made under subsection (a-1) before May 27, 1998
9(the effective date of Public Act 90-582) this amendatory Act
10of 1998: 10.02% in FY 1999; 10.77% in FY 2000; 11.47% in FY
112001; 12.16% in FY 2002; 12.86% in FY 2003; and 13.56% in FY
122004.
13    Notwithstanding any other provision of this Article, the
14total required State contribution for State fiscal year 2006 is
15$534,627,700.
16    Notwithstanding any other provision of this Article, the
17total required State contribution for State fiscal year 2007 is
18$738,014,500.
19    For each of State fiscal years 2008 through 2009, the State
20contribution to the System, as a percentage of the applicable
21employee payroll, shall be increased in equal annual increments
22from the required State contribution for State fiscal year
232007, so that by State fiscal year 2011, the State is
24contributing at the rate otherwise required under this Section.
25    Notwithstanding any other provision of this Article, the
26total required State contribution for State fiscal year 2010 is

 

 

HB5447 Enrolled- 771 -LRB100 16294 AMC 31417 b

1$2,089,268,000 and shall be made from the proceeds of bonds
2sold in fiscal year 2010 pursuant to Section 7.2 of the General
3Obligation Bond Act, less (i) the pro rata share of bond sale
4expenses determined by the System's share of total bond
5proceeds, (ii) any amounts received from the Common School Fund
6in fiscal year 2010, and (iii) any reduction in bond proceeds
7due to the issuance of discounted bonds, if applicable.
8    Notwithstanding any other provision of this Article, the
9total required State contribution for State fiscal year 2011 is
10the amount recertified by the System on or before April 1, 2011
11pursuant to subsection (a-1) of this Section and shall be made
12from the proceeds of bonds sold in fiscal year 2011 pursuant to
13Section 7.2 of the General Obligation Bond Act, less (i) the
14pro rata share of bond sale expenses determined by the System's
15share of total bond proceeds, (ii) any amounts received from
16the Common School Fund in fiscal year 2011, and (iii) any
17reduction in bond proceeds due to the issuance of discounted
18bonds, if applicable. This amount shall include, in addition to
19the amount certified by the System, an amount necessary to meet
20employer contributions required by the State as an employer
21under paragraph (e) of this Section, which may also be used by
22the System for contributions required by paragraph (a) of
23Section 16-127.
24    Beginning in State fiscal year 2046, the minimum State
25contribution for each fiscal year shall be the amount needed to
26maintain the total assets of the System at 90% of the total

 

 

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1actuarial liabilities of the System.
2    Amounts received by the System pursuant to Section 25 of
3the Budget Stabilization Act or Section 8.12 of the State
4Finance Act in any fiscal year do not reduce and do not
5constitute payment of any portion of the minimum State
6contribution required under this Article in that fiscal year.
7Such amounts shall not reduce, and shall not be included in the
8calculation of, the required State contributions under this
9Article in any future year until the System has reached a
10funding ratio of at least 90%. A reference in this Article to
11the "required State contribution" or any substantially similar
12term does not include or apply to any amounts payable to the
13System under Section 25 of the Budget Stabilization Act.
14    Notwithstanding any other provision of this Section, the
15required State contribution for State fiscal year 2005 and for
16fiscal year 2008 and each fiscal year thereafter, as calculated
17under this Section and certified under subsection (a-1), shall
18not exceed an amount equal to (i) the amount of the required
19State contribution that would have been calculated under this
20Section for that fiscal year if the System had not received any
21payments under subsection (d) of Section 7.2 of the General
22Obligation Bond Act, minus (ii) the portion of the State's
23total debt service payments for that fiscal year on the bonds
24issued in fiscal year 2003 for the purposes of that Section
257.2, as determined and certified by the Comptroller, that is
26the same as the System's portion of the total moneys

 

 

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1distributed under subsection (d) of Section 7.2 of the General
2Obligation Bond Act. In determining this maximum for State
3fiscal years 2008 through 2010, however, the amount referred to
4in item (i) shall be increased, as a percentage of the
5applicable employee payroll, in equal increments calculated
6from the sum of the required State contribution for State
7fiscal year 2007 plus the applicable portion of the State's
8total debt service payments for fiscal year 2007 on the bonds
9issued in fiscal year 2003 for the purposes of Section 7.2 of
10the General Obligation Bond Act, so that, by State fiscal year
112011, the State is contributing at the rate otherwise required
12under this Section.
13    (b-4) Beginning in fiscal year 2018, each employer under
14this Article shall pay to the System a required contribution
15determined as a percentage of projected payroll and sufficient
16to produce an annual amount equal to:
17        (i) for each of fiscal years 2018, 2019, and 2020, the
18    defined benefit normal cost of the defined benefit plan,
19    less the employee contribution, for each employee of that
20    employer who has elected or who is deemed to have elected
21    the benefits under Section 1-161 or who has made the
22    election under subsection (b) of Section 1-161; for fiscal
23    year 2021 and each fiscal year thereafter, the defined
24    benefit normal cost of the defined benefit plan, less the
25    employee contribution, plus 2%, for each employee of that
26    employer who has elected or who is deemed to have elected

 

 

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1    the benefits under Section 1-161 or who has made the
2    election under subsection (b) of Section 1-161; plus
3        (ii) the amount required for that fiscal year to
4    amortize any unfunded actuarial accrued liability
5    associated with the present value of liabilities
6    attributable to the employer's account under Section
7    16-158.3, determined as a level percentage of payroll over
8    a 30-year rolling amortization period.
9    In determining contributions required under item (i) of
10this subsection, the System shall determine an aggregate rate
11for all employers, expressed as a percentage of projected
12payroll.
13    In determining the contributions required under item (ii)
14of this subsection, the amount shall be computed by the System
15on the basis of the actuarial assumptions and tables used in
16the most recent actuarial valuation of the System that is
17available at the time of the computation.
18    The contributions required under this subsection (b-4)
19shall be paid by an employer concurrently with that employer's
20payroll payment period. The State, as the actual employer of an
21employee, shall make the required contributions under this
22subsection.
23    (c) Payment of the required State contributions and of all
24pensions, retirement annuities, death benefits, refunds, and
25other benefits granted under or assumed by this System, and all
26expenses in connection with the administration and operation

 

 

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1thereof, are obligations of the State.
2    If members are paid from special trust or federal funds
3which are administered by the employing unit, whether school
4district or other unit, the employing unit shall pay to the
5System from such funds the full accruing retirement costs based
6upon that service, which, beginning July 1, 2017, shall be at a
7rate, expressed as a percentage of salary, equal to the total
8employer's normal cost, expressed as a percentage of payroll,
9as determined by the System. Employer contributions, based on
10salary paid to members from federal funds, may be forwarded by
11the distributing agency of the State of Illinois to the System
12prior to allocation, in an amount determined in accordance with
13guidelines established by such agency and the System. Any
14contribution for fiscal year 2015 collected as a result of the
15change made by Public Act 98-674 this amendatory Act of the
1698th General Assembly shall be considered a State contribution
17under subsection (b-3) of this Section.
18    (d) Effective July 1, 1986, any employer of a teacher as
19defined in paragraph (8) of Section 16-106 shall pay the
20employer's normal cost of benefits based upon the teacher's
21service, in addition to employee contributions, as determined
22by the System. Such employer contributions shall be forwarded
23monthly in accordance with guidelines established by the
24System.
25    However, with respect to benefits granted under Section
2616-133.4 or 16-133.5 to a teacher as defined in paragraph (8)

 

 

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1of Section 16-106, the employer's contribution shall be 12%
2(rather than 20%) of the member's highest annual salary rate
3for each year of creditable service granted, and the employer
4shall also pay the required employee contribution on behalf of
5the teacher. For the purposes of Sections 16-133.4 and
616-133.5, a teacher as defined in paragraph (8) of Section
716-106 who is serving in that capacity while on leave of
8absence from another employer under this Article shall not be
9considered an employee of the employer from which the teacher
10is on leave.
11    (e) Beginning July 1, 1998, every employer of a teacher
12shall pay to the System an employer contribution computed as
13follows:
14        (1) Beginning July 1, 1998 through June 30, 1999, the
15    employer contribution shall be equal to 0.3% of each
16    teacher's salary.
17        (2) Beginning July 1, 1999 and thereafter, the employer
18    contribution shall be equal to 0.58% of each teacher's
19    salary.
20The school district or other employing unit may pay these
21employer contributions out of any source of funding available
22for that purpose and shall forward the contributions to the
23System on the schedule established for the payment of member
24contributions.
25    These employer contributions are intended to offset a
26portion of the cost to the System of the increases in

 

 

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1retirement benefits resulting from Public Act 90-582 this
2amendatory Act of 1998.
3    Each employer of teachers is entitled to a credit against
4the contributions required under this subsection (e) with
5respect to salaries paid to teachers for the period January 1,
62002 through June 30, 2003, equal to the amount paid by that
7employer under subsection (a-5) of Section 6.6 of the State
8Employees Group Insurance Act of 1971 with respect to salaries
9paid to teachers for that period.
10    The additional 1% employee contribution required under
11Section 16-152 by Public Act 90-582 this amendatory Act of 1998
12is the responsibility of the teacher and not the teacher's
13employer, unless the employer agrees, through collective
14bargaining or otherwise, to make the contribution on behalf of
15the teacher.
16    If an employer is required by a contract in effect on May
171, 1998 between the employer and an employee organization to
18pay, on behalf of all its full-time employees covered by this
19Article, all mandatory employee contributions required under
20this Article, then the employer shall be excused from paying
21the employer contribution required under this subsection (e)
22for the balance of the term of that contract. The employer and
23the employee organization shall jointly certify to the System
24the existence of the contractual requirement, in such form as
25the System may prescribe. This exclusion shall cease upon the
26termination, extension, or renewal of the contract at any time

 

 

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1after May 1, 1998.
2    (f) If the amount of a teacher's salary for any school year
3used to determine final average salary exceeds the member's
4annual full-time salary rate with the same employer for the
5previous school year by more than 6%, the teacher's employer
6shall pay to the System, in addition to all other payments
7required under this Section and in accordance with guidelines
8established by the System, the present value of the increase in
9benefits resulting from the portion of the increase in salary
10that is in excess of 6%. This present value shall be computed
11by the System on the basis of the actuarial assumptions and
12tables used in the most recent actuarial valuation of the
13System that is available at the time of the computation. If a
14teacher's salary for the 2005-2006 school year is used to
15determine final average salary under this subsection (f), then
16the changes made to this subsection (f) by Public Act 94-1057
17shall apply in calculating whether the increase in his or her
18salary is in excess of 6%. For the purposes of this Section,
19change in employment under Section 10-21.12 of the School Code
20on or after June 1, 2005 shall constitute a change in employer.
21The System may require the employer to provide any pertinent
22information or documentation. The changes made to this
23subsection (f) by Public Act 94-1111 this amendatory Act of the
2494th General Assembly apply without regard to whether the
25teacher was in service on or after its effective date.
26    Whenever it determines that a payment is or may be required

 

 

HB5447 Enrolled- 779 -LRB100 16294 AMC 31417 b

1under this subsection, the System shall calculate the amount of
2the payment and bill the employer for that amount. The bill
3shall specify the calculations used to determine the amount
4due. If the employer disputes the amount of the bill, it may,
5within 30 days after receipt of the bill, apply to the System
6in writing for a recalculation. The application must specify in
7detail the grounds of the dispute and, if the employer asserts
8that the calculation is subject to subsection (g) or (h) of
9this Section, must include an affidavit setting forth and
10attesting to all facts within the employer's knowledge that are
11pertinent to the applicability of that subsection. Upon
12receiving a timely application for recalculation, the System
13shall review the application and, if appropriate, recalculate
14the amount due.
15    The employer contributions required under this subsection
16(f) may be paid in the form of a lump sum within 90 days after
17receipt of the bill. If the employer contributions are not paid
18within 90 days after receipt of the bill, then interest will be
19charged at a rate equal to the System's annual actuarially
20assumed rate of return on investment compounded annually from
21the 91st day after receipt of the bill. Payments must be
22concluded within 3 years after the employer's receipt of the
23bill.
24    (g) This subsection (g) applies only to payments made or
25salary increases given on or after June 1, 2005 but before July
261, 2011. The changes made by Public Act 94-1057 shall not

 

 

HB5447 Enrolled- 780 -LRB100 16294 AMC 31417 b

1require the System to refund any payments received before July
231, 2006 (the effective date of Public Act 94-1057).
3    When assessing payment for any amount due under subsection
4(f), the System shall exclude salary increases paid to teachers
5under contracts or collective bargaining agreements entered
6into, amended, or renewed before June 1, 2005.
7    When assessing payment for any amount due under subsection
8(f), the System shall exclude salary increases paid to a
9teacher at a time when the teacher is 10 or more years from
10retirement eligibility under Section 16-132 or 16-133.2.
11    When assessing payment for any amount due under subsection
12(f), the System shall exclude salary increases resulting from
13overload work, including summer school, when the school
14district has certified to the System, and the System has
15approved the certification, that (i) the overload work is for
16the sole purpose of classroom instruction in excess of the
17standard number of classes for a full-time teacher in a school
18district during a school year and (ii) the salary increases are
19equal to or less than the rate of pay for classroom instruction
20computed on the teacher's current salary and work schedule.
21    When assessing payment for any amount due under subsection
22(f), the System shall exclude a salary increase resulting from
23a promotion (i) for which the employee is required to hold a
24certificate or supervisory endorsement issued by the State
25Teacher Certification Board that is a different certification
26or supervisory endorsement than is required for the teacher's

 

 

HB5447 Enrolled- 781 -LRB100 16294 AMC 31417 b

1previous position and (ii) to a position that has existed and
2been filled by a member for no less than one complete academic
3year and the salary increase from the promotion is an increase
4that results in an amount no greater than the lesser of the
5average salary paid for other similar positions in the district
6requiring the same certification or the amount stipulated in
7the collective bargaining agreement for a similar position
8requiring the same certification.
9    When assessing payment for any amount due under subsection
10(f), the System shall exclude any payment to the teacher from
11the State of Illinois or the State Board of Education over
12which the employer does not have discretion, notwithstanding
13that the payment is included in the computation of final
14average salary.
15    (h) When assessing payment for any amount due under
16subsection (f), the System shall exclude any salary increase
17described in subsection (g) of this Section given on or after
18July 1, 2011 but before July 1, 2014 under a contract or
19collective bargaining agreement entered into, amended, or
20renewed on or after June 1, 2005 but before July 1, 2011.
21Notwithstanding any other provision of this Section, any
22payments made or salary increases given after June 30, 2014
23shall be used in assessing payment for any amount due under
24subsection (f) of this Section.
25    (i) The System shall prepare a report and file copies of
26the report with the Governor and the General Assembly by

 

 

HB5447 Enrolled- 782 -LRB100 16294 AMC 31417 b

1January 1, 2007 that contains all of the following information:
2        (1) The number of recalculations required by the
3    changes made to this Section by Public Act 94-1057 for each
4    employer.
5        (2) The dollar amount by which each employer's
6    contribution to the System was changed due to
7    recalculations required by Public Act 94-1057.
8        (3) The total amount the System received from each
9    employer as a result of the changes made to this Section by
10    Public Act 94-4.
11        (4) The increase in the required State contribution
12    resulting from the changes made to this Section by Public
13    Act 94-1057.
14    (i-5) For school years beginning on or after July 1, 2017,
15if the amount of a participant's salary for any school year,
16determined on a full-time equivalent basis, exceeds the amount
17of the salary set for the Governor, the participant's employer
18shall pay to the System, in addition to all other payments
19required under this Section and in accordance with guidelines
20established by the System, an amount determined by the System
21to be equal to the employer normal cost, as established by the
22System and expressed as a total percentage of payroll,
23multiplied by the amount of salary in excess of the amount of
24the salary set for the Governor. This amount shall be computed
25by the System on the basis of the actuarial assumptions and
26tables used in the most recent actuarial valuation of the

 

 

HB5447 Enrolled- 783 -LRB100 16294 AMC 31417 b

1System that is available at the time of the computation. The
2System may require the employer to provide any pertinent
3information or documentation.
4    Whenever it determines that a payment is or may be required
5under this subsection, the System shall calculate the amount of
6the payment and bill the employer for that amount. The bill
7shall specify the calculations used to determine the amount
8due. If the employer disputes the amount of the bill, it may,
9within 30 days after receipt of the bill, apply to the System
10in writing for a recalculation. The application must specify in
11detail the grounds of the dispute. Upon receiving a timely
12application for recalculation, the System shall review the
13application and, if appropriate, recalculate the amount due.
14    The employer contributions required under this subsection
15may be paid in the form of a lump sum within 90 days after
16receipt of the bill. If the employer contributions are not paid
17within 90 days after receipt of the bill, then interest will be
18charged at a rate equal to the System's annual actuarially
19assumed rate of return on investment compounded annually from
20the 91st day after receipt of the bill. Payments must be
21concluded within 3 years after the employer's receipt of the
22bill.
23    (j) For purposes of determining the required State
24contribution to the System, the value of the System's assets
25shall be equal to the actuarial value of the System's assets,
26which shall be calculated as follows:

 

 

HB5447 Enrolled- 784 -LRB100 16294 AMC 31417 b

1    As of June 30, 2008, the actuarial value of the System's
2assets shall be equal to the market value of the assets as of
3that date. In determining the actuarial value of the System's
4assets for fiscal years after June 30, 2008, any actuarial
5gains or losses from investment return incurred in a fiscal
6year shall be recognized in equal annual amounts over the
75-year period following that fiscal year.
8    (k) For purposes of determining the required State
9contribution to the system for a particular year, the actuarial
10value of assets shall be assumed to earn a rate of return equal
11to the system's actuarially assumed rate of return.
12(Source: P.A. 100-23, eff. 7-6-17; 100-340, eff. 8-25-17;
13revised 9-25-17.)
 
14    Section 240. The Property Assessed Clean Energy Act is
15amended by changing Section 15 as follows:
 
16    (50 ILCS 50/15)
17    Sec. 15. Program established.
18    (a) To establish a property assessed clean energy program,
19the governing body of a local unit of government shall adopt a
20resolution or ordinance that includes all of the following:
21        (1) a finding that the financing of energy projects is
22    a valid public purpose;
23        (2) a statement of intent to facilitate access to
24    capital from a program administrator to provide funds for

 

 

HB5447 Enrolled- 785 -LRB100 16294 AMC 31417 b

1    energy projects, which will be repaid by assessments on the
2    property benefited with the agreement of the record owners;
3        (3) a description of the proposed arrangements for
4    financing the program through a program administrator;
5        (4) the types of energy projects that may be financed;
6        (5) a description of the territory within the PACE
7    area;
8        (6) reference to a report on the proposed program as
9    described in Section 20; and
10        (7) the time and place for any public hearing required
11    for the adoption of the proposed program by resolution or
12    ordinance;
13        (8) matters required by Section 20 to be included in
14    the report; for this purpose, the resolution or ordinance
15    may incorporate the report or an amended version thereof by
16    reference; and
17        (9) a description of which aspects of the program may
18    be amended without a new public hearing and which aspects
19    may be amended only after a new public hearing is held.
20    (b) A property assessed clean energy program may be amended
21by resolution or ordinance of the governing body. Adoption of
22the resolution or ordinance shall be preceded by a public
23hearing if required.
24(Source: P.A. 100-77, eff. 8-11-17; revised 10-3-17.)
 
25    Section 245. The Illinois Police Training Act is amended by

 

 

HB5447 Enrolled- 786 -LRB100 16294 AMC 31417 b

1changing Section 7 as follows:
 
2    (50 ILCS 705/7)  (from Ch. 85, par. 507)
3    Sec. 7. Rules and standards for schools. The Board shall
4adopt rules and minimum standards for such schools which shall
5include, but not be limited to, the following:
6        a. The curriculum for probationary police officers
7    which shall be offered by all certified schools shall
8    include, but not be limited to, courses of procedural
9    justice, arrest and use and control tactics, search and
10    seizure, including temporary questioning, civil rights,
11    human rights, human relations, cultural competency,
12    including implicit bias and racial and ethnic sensitivity,
13    criminal law, law of criminal procedure, constitutional
14    and proper use of law enforcement authority, vehicle and
15    traffic law including uniform and non-discriminatory
16    enforcement of the Illinois Vehicle Code, traffic control
17    and accident investigation, techniques of obtaining
18    physical evidence, court testimonies, statements, reports,
19    firearms training, training in the use of electronic
20    control devices, including the psychological and
21    physiological effects of the use of those devices on
22    humans, first-aid (including cardiopulmonary
23    resuscitation), training in the administration of opioid
24    antagonists as defined in paragraph (1) of subsection (e)
25    of Section 5-23 of the Alcoholism and Other Drug Abuse and

 

 

HB5447 Enrolled- 787 -LRB100 16294 AMC 31417 b

1    Dependency Act, handling of juvenile offenders,
2    recognition of mental conditions and crises, including,
3    but not limited to, the disease of addiction, which require
4    immediate assistance and response and methods to safeguard
5    and provide assistance to a person in need of mental
6    treatment, recognition of abuse, neglect, financial
7    exploitation, and self-neglect of adults with disabilities
8    and older adults, as defined in Section 2 of the Adult
9    Protective Services Act, crimes against the elderly, law of
10    evidence, the hazards of high-speed police vehicle chases
11    with an emphasis on alternatives to the high-speed chase,
12    and physical training. The curriculum shall include
13    specific training in techniques for immediate response to
14    and investigation of cases of domestic violence and of
15    sexual assault of adults and children, including cultural
16    perceptions and common myths of sexual assault and sexual
17    abuse as well as interview techniques that are trauma
18    informed, victim centered, and victim sensitive. The
19    curriculum shall include training in techniques designed
20    to promote effective communication at the initial contact
21    with crime victims and ways to comprehensively explain to
22    victims and witnesses their rights under the Rights of
23    Crime Victims and Witnesses Act and the Crime Victims
24    Compensation Act. The curriculum shall also include
25    training in effective recognition of and responses to
26    stress, trauma, and post-traumatic stress experienced by

 

 

HB5447 Enrolled- 788 -LRB100 16294 AMC 31417 b

1    police officers. The curriculum shall also include a block
2    of instruction aimed at identifying and interacting with
3    persons with autism and other developmental or physical
4    disabilities, reducing barriers to reporting crimes
5    against persons with autism, and addressing the unique
6    challenges presented by cases involving victims or
7    witnesses with autism and other developmental
8    disabilities. The curriculum for permanent police officers
9    shall include, but not be limited to: (1) refresher and
10    in-service training in any of the courses listed above in
11    this subparagraph, (2) advanced courses in any of the
12    subjects listed above in this subparagraph, (3) training
13    for supervisory personnel, and (4) specialized training in
14    subjects and fields to be selected by the board. The
15    training in the use of electronic control devices shall be
16    conducted for probationary police officers, including
17    University police officers.
18        b. Minimum courses of study, attendance requirements
19    and equipment requirements.
20        c. Minimum requirements for instructors.
21        d. Minimum basic training requirements, which a
22    probationary police officer must satisfactorily complete
23    before being eligible for permanent employment as a local
24    law enforcement officer for a participating local
25    governmental agency. Those requirements shall include
26    training in first aid (including cardiopulmonary

 

 

HB5447 Enrolled- 789 -LRB100 16294 AMC 31417 b

1    resuscitation).
2        e. Minimum basic training requirements, which a
3    probationary county corrections officer must
4    satisfactorily complete before being eligible for
5    permanent employment as a county corrections officer for a
6    participating local governmental agency.
7        f. Minimum basic training requirements which a
8    probationary court security officer must satisfactorily
9    complete before being eligible for permanent employment as
10    a court security officer for a participating local
11    governmental agency. The Board shall establish those
12    training requirements which it considers appropriate for
13    court security officers and shall certify schools to
14    conduct that training.
15        A person hired to serve as a court security officer
16    must obtain from the Board a certificate (i) attesting to
17    his or her successful completion of the training course;
18    (ii) attesting to his or her satisfactory completion of a
19    training program of similar content and number of hours
20    that has been found acceptable by the Board under the
21    provisions of this Act; or (iii) attesting to the Board's
22    determination that the training course is unnecessary
23    because of the person's extensive prior law enforcement
24    experience.
25        Individuals who currently serve as court security
26    officers shall be deemed qualified to continue to serve in

 

 

HB5447 Enrolled- 790 -LRB100 16294 AMC 31417 b

1    that capacity so long as they are certified as provided by
2    this Act within 24 months of June 1, 1997 (the effective
3    date of Public Act 89-685). Failure to be so certified,
4    absent a waiver from the Board, shall cause the officer to
5    forfeit his or her position.
6        All individuals hired as court security officers on or
7    after June 1, 1997 (the effective date of Public Act
8    89-685) this amendatory Act of 1996 shall be certified
9    within 12 months of the date of their hire, unless a waiver
10    has been obtained by the Board, or they shall forfeit their
11    positions.
12        The Sheriff's Merit Commission, if one exists, or the
13    Sheriff's Office if there is no Sheriff's Merit Commission,
14    shall maintain a list of all individuals who have filed
15    applications to become court security officers and who meet
16    the eligibility requirements established under this Act.
17    Either the Sheriff's Merit Commission, or the Sheriff's
18    Office if no Sheriff's Merit Commission exists, shall
19    establish a schedule of reasonable intervals for
20    verification of the applicants' qualifications under this
21    Act and as established by the Board.
22        g. Minimum in-service training requirements, which a
23    police officer must satisfactorily complete every 3 years.
24    Those requirements shall include constitutional and proper
25    use of law enforcement authority, procedural justice,
26    civil rights, human rights, mental health awareness and

 

 

HB5447 Enrolled- 791 -LRB100 16294 AMC 31417 b

1    response, and cultural competency.
2        h. Minimum in-service training requirements, which a
3    police officer must satisfactorily complete at least
4    annually. Those requirements shall include law updates and
5    use of force training which shall include scenario based
6    training, or similar training approved by the Board.
7(Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642,
8eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18;
9100-247, eff. 1-1-18; revised 10-3-17.)
 
10    Section 250. The Counties Code is amended by changing
11Sections 4-5001 and 5-1069.3 as follows:
 
12    (55 ILCS 5/4-5001)  (from Ch. 34, par. 4-5001)
13    Sec. 4-5001. Sheriffs; counties of first and second class.
14The fees of sheriffs in counties of the first and second class,
15except when increased by county ordinance under this Section,
16shall be as follows:
17    For serving or attempting to serve summons on each
18defendant in each county, $10.
19    For serving or attempting to serve an order or judgment
20granting injunctive injunctional relief in each county, $10.
21    For serving or attempting to serve each garnishee in each
22county, $10.
23    For serving or attempting to serve an order for replevin in
24each county, $10.

 

 

HB5447 Enrolled- 792 -LRB100 16294 AMC 31417 b

1    For serving or attempting to serve an order for attachment
2on each defendant in each county, $10.
3    For serving or attempting to serve a warrant of arrest, $8,
4to be paid upon conviction.
5    For returning a defendant from outside the State of
6Illinois, upon conviction, the court shall assess, as court
7costs, the cost of returning a defendant to the jurisdiction.
8    For taking special bail, $1 in each county.
9    For serving or attempting to serve a subpoena on each
10witness, in each county, $10.
11    For advertising property for sale, $5.
12    For returning each process, in each county, $5.
13    Mileage for each mile of necessary travel to serve any such
14process as Stated above, calculating from the place of holding
15court to the place of residence of the defendant, or witness,
1650¢ each way.
17    For summoning each juror, $3 with 30¢ mileage each way in
18all counties.
19    For serving or attempting to serve notice of judgments or
20levying to enforce a judgment, $3 with 50¢ mileage each way in
21all counties.
22    For taking possession of and removing property levied on,
23the officer shall be allowed to tax the actual cost of such
24possession or removal.
25    For feeding each prisoner, such compensation to cover the
26actual cost as may be fixed by the county board, but such

 

 

HB5447 Enrolled- 793 -LRB100 16294 AMC 31417 b

1compensation shall not be considered a part of the fees of the
2office.
3    For attending before a court with prisoner, on an order for
4habeas corpus, in each county, $10 per day.
5    For attending before a court with a prisoner in any
6criminal proceeding, in each county, $10 per day.
7    For each mile of necessary travel in taking such prisoner
8before the court as stated Stated above, 15¢ a mile each way.
9    For serving or attempting to serve an order or judgment for
10the possession of real estate in an action of ejectment or in
11any other action, or for restitution in an eviction action
12without aid, $10 and when aid is necessary, the sheriff shall
13be allowed to tax in addition the actual costs thereof, and for
14each mile of necessary travel, 50¢ each way.
15    For executing and acknowledging a deed of sale of real
16estate, in counties of first class, $4; second class, $4.
17    For preparing, executing and acknowledging a deed on
18redemption from a court sale of real estate in counties of
19first class, $5; second class, $5.
20    For making certificates of sale, and making and filing
21duplicate, in counties of first class, $3; in counties of the
22second class, $3.
23    For making certificate of redemption, $3.
24    For certificate of levy and filing, $3, and the fee for
25recording shall be advanced by the judgment creditor and
26charged as costs.

 

 

HB5447 Enrolled- 794 -LRB100 16294 AMC 31417 b

1    For taking all bonds on legal process, civil and criminal,
2in counties of first class, $1; in second class, $1.
3    For executing copies in criminal cases, $4 and mileage for
4each mile of necessary travel, 20¢ each way.
5    For executing requisitions from other states States, $5.
6    For conveying each prisoner from the prisoner's own county
7to the jail of another county, or from another county to the
8jail of the prisoner's county, per mile, for going, only, 30¢.
9    For conveying persons to the penitentiary, reformatories,
10Illinois State Training School for Boys, Illinois State
11Training School for Girls and Reception Centers, the following
12fees, payable out of the State treasury Treasury. For each
13person who is conveyed, 35¢ per mile in going only to the
14penitentiary, reformatory, Illinois State Training School for
15Boys, Illinois State Training School for Girls and Reception
16Centers, from the place of conviction.
17    The fees provided for transporting persons to the
18penitentiary, reformatories, Illinois State Training School
19for Boys, Illinois State Training School for Girls and
20Reception Centers shall be paid for each trip so made. Mileage
21as used in this Section means the shortest practical route,
22between the place from which the person is to be transported,
23to the penitentiary, reformatories, Illinois State Training
24School for Boys, Illinois State Training School for Girls and
25Reception Centers and all fees per mile shall be computed on
26such basis.

 

 

HB5447 Enrolled- 795 -LRB100 16294 AMC 31417 b

1    For conveying any person to or from any of the charitable
2institutions of the State, when properly committed by competent
3authority, when one person is conveyed, 35¢ per mile; when two
4persons are conveyed at the same time, 35¢ per mile for the
5first person and 20¢ per mile for the second person; and 10¢
6per mile for each additional person.
7    For conveying a person from the penitentiary to the county
8jail when required by law, 35¢ per mile.
9    For attending Supreme Court, $10 per day.
10    In addition to the above fees there shall be allowed to the
11sheriff a fee of $600 for the sale of real estate which is made
12by virtue of any judgment of a court, except that in the case
13of a sale of unimproved real estate which sells for $10,000 or
14less, the fee shall be $150. In addition to this fee and all
15other fees provided by this Section, there shall be allowed to
16the sheriff a fee in accordance with the following schedule for
17the sale of personal estate which is made by virtue of any
18judgment of a court:
19    For judgments up to $1,000, $75;
20    For judgments from $1,001 to $15,000, $150;
21    For judgments over $15,000, $300.
22    The foregoing fees allowed by this Section are the maximum
23fees that may be collected from any officer, agency, department
24or other instrumentality of the State. The county board may,
25however, by ordinance, increase the fees allowed by this
26Section and collect those increased fees from all persons and

 

 

HB5447 Enrolled- 796 -LRB100 16294 AMC 31417 b

1entities other than officers, agencies, departments and other
2instrumentalities of the State if the increase is justified by
3an acceptable cost study showing that the fees allowed by this
4Section are not sufficient to cover the costs of providing the
5service. A statement of the costs of providing each service,
6program and activity shall be prepared by the county board. All
7supporting documents shall be public records and subject to
8public examination and audit. All direct and indirect costs, as
9defined in the United States Office of Management and Budget
10Circular A-87, may be included in the determination of the
11costs of each service, program and activity.
12    In all cases where the judgment is settled by the parties,
13replevied, stopped by injunction or paid, or where the property
14levied upon is not actually sold, the sheriff shall be allowed
15his fee for levying and mileage, together with half the fee for
16all money collected by him which he would be entitled to if the
17same was made by sale to enforce the judgment. In no case shall
18the fee exceed the amount of money arising from the sale.
19    The fee requirements of this Section do not apply to police
20departments or other law enforcement agencies. For the purposes
21of this Section, "law enforcement agency" means an agency of
22the State or unit of local government which is vested by law or
23ordinance with the duty to maintain public order and to enforce
24criminal laws.
25(Source: P.A. 100-173, eff. 1-1-18; revised 10-3-17.)
 

 

 

HB5447 Enrolled- 797 -LRB100 16294 AMC 31417 b

1    (55 ILCS 5/5-1069.3)
2    Sec. 5-1069.3. Required health benefits. If a county,
3including a home rule county, is a self-insurer for purposes of
4providing health insurance coverage for its employees, the
5coverage shall include coverage for the post-mastectomy care
6benefits required to be covered by a policy of accident and
7health insurance under Section 356t and the coverage required
8under Sections 356g, 356g.5, 356g.5-1, 356u, 356w, 356x,
9356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
10356z.14, 356z.15, 356z.22, and 356z.25, and 356z.26 of the
11Illinois Insurance Code. The coverage shall comply with
12Sections 155.22a, 355b, 356z.19, and 370c of the Illinois
13Insurance Code. The requirement that health benefits be covered
14as provided in this Section is an exclusive power and function
15of the State and is a denial and limitation under Article VII,
16Section 6, subsection (h) of the Illinois Constitution. A home
17rule county to which this Section applies must comply with
18every provision of this Section.
19    Rulemaking authority to implement Public Act 95-1045, if
20any, is conditioned on the rules being adopted in accordance
21with all provisions of the Illinois Administrative Procedure
22Act and all rules and procedures of the Joint Committee on
23Administrative Rules; any purported rule not so adopted, for
24whatever reason, is unauthorized.
25(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17;
26100-138, eff. 8-18-17; revised 10-5-17.)
 

 

 

HB5447 Enrolled- 798 -LRB100 16294 AMC 31417 b

1    Section 255. The Illinois Municipal Code is amended by
2changing Sections 5-3-1, 8-11-1.6, 8-11-1.7, 10-2.1-4, 10-4-2,
310-4-2.3, and 11-74.4-3.5 as follows:
 
4    (65 ILCS 5/5-3-1)  (from Ch. 24, par. 5-3-1)
5    Sec. 5-3-1. In cities which do not elect to choose aldermen
6from wards and in cities which elect to choose councilmen as
7provided in Sections 5-2-18.1 through thru 5-2-18.7, the mayor
8shall have the right to vote on all questions coming before the
9council but shall have no power to veto. The mayor and
10president shall be recognized as the official head of the city
11or village by the courts for the purpose of serving civil
12process and by the Governor for all legal purposes.
13    The mayor or president of any city or village which adopts
14this Article 5, other than one which at the time of adoption
15was operating under or adopted the commission form of
16government as provided in Article 4 or which does not retain
17the election of aldermen by wards or trustees by districts,
18shall have veto power as provided in Sections 5-3-2 through
195-3-4, and ordinances or measures may be passed over his veto
20as therein provided. Such mayor or president shall have the
21power to vote as provided in Section 5-3-5.
22    If any other Acts or any Article of this Code, other than
23Article 3 or Article 4, provides for the appointment of a
24board, commission, or other agency by the mayor or president,

 

 

HB5447 Enrolled- 799 -LRB100 16294 AMC 31417 b

1such appointments shall be made in manner so provided.
2(Source: P.A. 76-1426; revised 10-3-17.)
 
3    (65 ILCS 5/8-11-1.6)
4    Sec. 8-11-1.6. Non-home rule municipal retailers
5occupation tax; municipalities between 20,000 and 25,000. The
6corporate authorities of a non-home rule municipality with a
7population of more than 20,000 but less than 25,000 that has,
8prior to January 1, 1987, established a Redevelopment Project
9Area that has been certified as a State Sales Tax Boundary and
10has issued bonds or otherwise incurred indebtedness to pay for
11costs in excess of $5,000,000, which is secured in part by a
12tax increment allocation fund, in accordance with the
13provisions of Division 11-74.4 of this Code may, by passage of
14an ordinance, impose a tax upon all persons engaged in the
15business of selling tangible personal property, other than on
16an item of tangible personal property that is titled and
17registered by an agency of this State's Government, at retail
18in the municipality. This tax may not be imposed on the sales
19of food for human consumption that is to be consumed off the
20premises where it is sold (other than alcoholic beverages, soft
21drinks, and food that has been prepared for immediate
22consumption) and prescription and nonprescription medicines,
23drugs, medical appliances and insulin, urine testing
24materials, syringes, and needles used by diabetics. If imposed,
25the tax shall only be imposed in .25% increments of the gross

 

 

HB5447 Enrolled- 800 -LRB100 16294 AMC 31417 b

1receipts from such sales made in the course of business. Any
2tax imposed by a municipality under this Section and all civil
3penalties that may be assessed as an incident thereof shall be
4collected and enforced by the State Department of Revenue. An
5ordinance imposing a tax hereunder or effecting a change in the
6rate thereof shall be adopted and a certified copy thereof
7filed with the Department on or before the first day of
8October, whereupon the Department shall proceed to administer
9and enforce this Section as of the first day of January next
10following such adoption and filing. The certificate of
11registration that is issued by the Department to a retailer
12under the Retailers' Occupation Tax Act shall permit the
13retailer to engage in a business that is taxable under any
14ordinance or resolution enacted under this Section without
15registering separately with the Department under the ordinance
16or resolution or under this Section. The Department shall have
17full power to administer and enforce this Section, to collect
18all taxes and penalties due hereunder, to dispose of taxes and
19penalties so collected in the manner hereinafter provided, and
20to determine all rights to credit memoranda, arising on account
21of the erroneous payment of tax or penalty hereunder. In the
22administration of, and compliance with this Section, the
23Department and persons who are subject to this Section shall
24have the same rights, remedies, privileges, immunities,
25powers, and duties, and be subject to the same conditions,
26restrictions, limitations, penalties, and definitions of

 

 

HB5447 Enrolled- 801 -LRB100 16294 AMC 31417 b

1terms, and employ the same modes of procedure, as are
2prescribed in Sections 1, 1a, 1a-1, 1d, 1e, 1f, 1i, 1j, 2
3through 2-65 (in respect to all provisions therein other than
4the State rate of tax), 2c, 3 (except as to the disposition of
5taxes and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f,
65g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12
7and 13 of the Retailers' Occupation Tax Act and Section 3-7 of
8the Uniform Penalty and Interest Act as fully as if those
9provisions were set forth herein.
10    A tax may not be imposed by a municipality under this
11Section unless the municipality also imposes a tax at the same
12rate under Section 8-11-1.7 of this Act.
13    Persons subject to any tax imposed under the authority
14granted in this Section, may reimburse themselves for their
15seller's tax liability hereunder by separately stating the tax
16as an additional charge, which charge may be stated in
17combination, in a single amount, with State tax which sellers
18are required to collect under the Use Tax Act, pursuant to such
19bracket schedules as the Department may prescribe.
20    Whenever the Department determines that a refund should be
21made under this Section to a claimant, instead of issuing a
22credit memorandum, the Department shall notify the State
23Comptroller, who shall cause the order to be drawn for the
24amount specified, and to the person named in the notification
25from the Department. The refund shall be paid by the State
26Treasurer out of the Non-Home Rule Municipal Retailers'

 

 

HB5447 Enrolled- 802 -LRB100 16294 AMC 31417 b

1Occupation Tax Fund, which is hereby created.
2    The Department shall forthwith pay over to the State
3Treasurer, ex officio, as trustee, all taxes and penalties
4collected hereunder.
5    As soon as possible after the first day of each month,
6beginning January 1, 2011, upon certification of the Department
7of Revenue, the Comptroller shall order transferred, and the
8Treasurer shall transfer, to the STAR Bonds Revenue Fund the
9local sales tax increment, as defined in the Innovation
10Development and Economy Act, collected under this Section
11during the second preceding calendar month for sales within a
12STAR bond district.
13    After the monthly transfer to the STAR Bonds Revenue Fund,
14on or before the 25th day of each calendar month, the
15Department shall prepare and certify to the Comptroller the
16disbursement of stated sums of money to named municipalities,
17the municipalities to be those from which retailers have paid
18taxes or penalties hereunder to the Department during the
19second preceding calendar month. The amount to be paid to each
20municipality shall be the amount (not including credit
21memoranda) collected hereunder during the second preceding
22calendar month by the Department plus an amount the Department
23determines is necessary to offset any amounts that were
24erroneously paid to a different taxing body, and not including
25an amount equal to the amount of refunds made during the second
26preceding calendar month by the Department on behalf of the

 

 

HB5447 Enrolled- 803 -LRB100 16294 AMC 31417 b

1municipality, and not including any amount that the Department
2determines is necessary to offset any amounts that were payable
3to a different taxing body but were erroneously paid to the
4municipality, and not including any amounts that are
5transferred to the STAR Bonds Revenue Fund, less 2% of the
6remainder, which the Department shall transfer into the Tax
7Compliance and Administration Fund. The Department, at the time
8of each monthly disbursement to the municipalities, shall
9prepare and certify to the State Comptroller the amount to be
10transferred into the Tax Compliance and Administration Fund
11under this Section. Within 10 days after receipt by the
12Comptroller of the disbursement certification to the
13municipalities and the Tax Compliance and Administration Fund
14provided for in this Section to be given to the Comptroller by
15the Department, the Comptroller shall cause the orders to be
16drawn for the respective amounts in accordance with the
17directions contained in the certification.
18    For the purpose of determining the local governmental unit
19whose tax is applicable, a retail sale by a producer of coal or
20other mineral mined in Illinois is a sale at retail at the
21place where the coal or other mineral mined in Illinois is
22extracted from the earth. This paragraph does not apply to coal
23or other mineral when it is delivered or shipped by the seller
24to the purchaser at a point outside Illinois so that the sale
25is exempt under the federal Constitution as a sale in
26interstate or foreign commerce.

 

 

HB5447 Enrolled- 804 -LRB100 16294 AMC 31417 b

1    Nothing in this Section shall be construed to authorize a
2municipality to impose a tax upon the privilege of engaging in
3any business which under the constitution of the United States
4may not be made the subject of taxation by this State.
5    When certifying the amount of a monthly disbursement to a
6municipality under this Section, the Department shall increase
7or decrease the amount by an amount necessary to offset any
8misallocation of previous disbursements. The offset amount
9shall be the amount erroneously disbursed within the previous 6
10months from the time a misallocation is discovered.
11    As used in this Section, "municipal" and "municipality"
12means a city, village, or incorporated town, including an
13incorporated town that has superseded a civil township.
14(Source: P.A. 99-217, eff. 7-31-15; 99-642, eff. 7-28-16;
15100-23, eff. 7-6-17; revised 10-3-17.)
 
16    (65 ILCS 5/8-11-1.7)
17    Sec. 8-11-1.7. Non-home rule municipal service occupation
18tax; municipalities between 20,000 and 25,000. The corporate
19authorities of a non-home rule municipality with a population
20of more than 20,000 but less than 25,000 as determined by the
21last preceding decennial census that has, prior to January 1,
221987, established a Redevelopment Project Area that has been
23certified as a State Sales Tax Boundary and has issued bonds or
24otherwise incurred indebtedness to pay for costs in excess of
25$5,000,000, which is secured in part by a tax increment

 

 

HB5447 Enrolled- 805 -LRB100 16294 AMC 31417 b

1allocation fund, in accordance with the provisions of Division
211-74.4 of this Code may, by passage of an ordinance, impose a
3tax upon all persons engaged in the municipality in the
4business of making sales of service. If imposed, the tax shall
5only be imposed in .25% increments of the selling price of all
6tangible personal property transferred by such servicemen
7either in the form of tangible personal property or in the form
8of real estate as an incident to a sale of service. This tax
9may not be imposed on the sales of food for human consumption
10that is to be consumed off the premises where it is sold (other
11than alcoholic beverages, soft drinks, and food that has been
12prepared for immediate consumption) and prescription and
13nonprescription medicines, drugs, medical appliances and
14insulin, urine testing materials, syringes, and needles used by
15diabetics. The tax imposed by a municipality under this Section
16Sec. and all civil penalties that may be assessed as an
17incident thereof shall be collected and enforced by the State
18Department of Revenue. An ordinance imposing a tax hereunder or
19effecting a change in the rate thereof shall be adopted and a
20certified copy thereof filed with the Department on or before
21the first day of October, whereupon the Department shall
22proceed to administer and enforce this Section as of the first
23day of January next following such adoption and filing. The
24certificate of registration that is issued by the Department to
25a retailer under the Retailers' Occupation Tax Act or under the
26Service Occupation Tax Act shall permit the registrant to

 

 

HB5447 Enrolled- 806 -LRB100 16294 AMC 31417 b

1engage in a business that is taxable under any ordinance or
2resolution enacted under this Section without registering
3separately with the Department under the ordinance or
4resolution or under this Section. The Department shall have
5full power to administer and enforce this Section, to collect
6all taxes and penalties due hereunder, to dispose of taxes and
7penalties so collected in a manner hereinafter provided, and to
8determine all rights to credit memoranda arising on account of
9the erroneous payment of tax or penalty hereunder. In the
10administration of and compliance with this Section, the
11Department and persons who are subject to this Section shall
12have the same rights, remedies, privileges, immunities,
13powers, and duties, and be subject to the same conditions,
14restrictions, limitations, penalties and definitions of terms,
15and employ the same modes of procedure, as are prescribed in
16Sections 1a-1, 2, 2a, 3 through 3-50 (in respect to all
17provisions therein other than the State rate of tax), 4 (except
18that the reference to the State shall be to the taxing
19municipality), 5, 7, 8 (except that the jurisdiction to which
20the tax shall be a debt to the extent indicated in that Section
218 shall be the taxing municipality), 9 (except as to the
22disposition of taxes and penalties collected, and except that
23the returned merchandise credit for this municipal tax may not
24be taken against any State tax), 10, 11, 12, (except the
25reference therein to Section 2b of the Retailers' Occupation
26Tax Act), 13 (except that any reference to the State shall mean

 

 

HB5447 Enrolled- 807 -LRB100 16294 AMC 31417 b

1the taxing municipality), the first paragraph of Sections 15,
216, 17, 18, 19, and 20 of the Service Occupation Tax Act and
3Section 3-7 of the Uniform Penalty and Interest Act, as fully
4as if those provisions were set forth herein.
5    A tax may not be imposed by a municipality under this
6Section unless the municipality also imposes a tax at the same
7rate under Section 8-11-1.6 of this Act.
8    Person subject to any tax imposed under the authority
9granted in this Section may reimburse themselves for their
10servicemen's tax liability hereunder by separately stating the
11tax as an additional charge, which charge may be stated in
12combination, in a single amount, with State tax that servicemen
13are authorized to collect under the Service Use Tax Act, under
14such bracket schedules as the Department may prescribe.
15    Whenever the Department determines that a refund should be
16made under this Section to a claimant instead of issuing credit
17memorandum, the Department shall notify the State Comptroller,
18who shall cause the order to be drawn for the amount specified,
19and to the person named, in such notification from the
20Department. The refund shall be paid by the State Treasurer out
21of the Non-Home Rule Municipal Retailers' Occupation Tax Fund.
22    The Department shall forthwith pay over to the State
23Treasurer, ex officio, as trustee, all taxes and penalties
24collected hereunder.
25    As soon as possible after the first day of each month,
26beginning January 1, 2011, upon certification of the Department

 

 

HB5447 Enrolled- 808 -LRB100 16294 AMC 31417 b

1of Revenue, the Comptroller shall order transferred, and the
2Treasurer shall transfer, to the STAR Bonds Revenue Fund the
3local sales tax increment, as defined in the Innovation
4Development and Economy Act, collected under this Section
5during the second preceding calendar month for sales within a
6STAR bond district.
7    After the monthly transfer to the STAR Bonds Revenue Fund,
8on or before the 25th day of each calendar month, the
9Department shall prepare and certify to the Comptroller the
10disbursement of stated sums of money to named municipalities,
11the municipalities to be those from which suppliers and
12servicemen have paid taxes or penalties hereunder to the
13Department during the second preceding calendar month. The
14amount to be paid to each municipality shall be the amount (not
15including credit memoranda) collected hereunder during the
16second preceding calendar month by the Department, and not
17including an amount equal to the amount of refunds made during
18the second preceding calendar month by the Department on behalf
19of such municipality, and not including any amounts that are
20transferred to the STAR Bonds Revenue Fund, less 2% of the
21remainder, which the Department shall transfer into the Tax
22Compliance and Administration Fund. The Department, at the time
23of each monthly disbursement to the municipalities, shall
24prepare and certify to the State Comptroller the amount to be
25transferred into the Tax Compliance and Administration Fund
26under this Section. Within 10 days after receipt by the

 

 

HB5447 Enrolled- 809 -LRB100 16294 AMC 31417 b

1Comptroller of the disbursement certification to the
2municipalities, the Tax Compliance and Administration Fund,
3and the General Revenue Fund, provided for in this Section to
4be given to the Comptroller by the Department, the Comptroller
5shall cause the orders to be drawn for the respective amounts
6in accordance with the directions contained in the
7certification.
8    When certifying the amount of a monthly disbursement to a
9municipality under this Section, the Department shall increase
10or decrease the amount by an amount necessary to offset any
11misallocation of previous disbursements. The offset amount
12shall be the amount erroneously disbursed within the previous 6
13months from the time a misallocation is discovered.
14    Nothing in this Section shall be construed to authorize a
15municipality to impose a tax upon the privilege of engaging in
16any business which under the constitution of the United States
17may not be made the subject of taxation by this State.
18(Source: P.A. 100-23, eff. 7-6-17; revised 10-3-17.)
 
19    (65 ILCS 5/10-2.1-4)  (from Ch. 24, par. 10-2.1-4)
20    Sec. 10-2.1-4. Fire and police departments; appointment of
21members; certificates of appointments. The board of fire and
22police commissioners shall appoint all officers and members of
23the fire and police departments of the municipality, including
24the chief of police and the chief of the fire department,
25unless the council or board of trustees shall by ordinance as

 

 

HB5447 Enrolled- 810 -LRB100 16294 AMC 31417 b

1to them otherwise provide; except as otherwise provided in this
2Section, and except that in any municipality which adopts or
3has adopted this Division 2.1 and also adopts or has adopted
4Article 5 of this Code, the chief of police and the chief of
5the fire department shall be appointed by the municipal
6manager, if it is provided by ordinance in such municipality
7that such chiefs, or either of them, shall not be appointed by
8the board of fire and police commissioners.
9    If the chief of the fire department or the chief of the
10police department or both of them are appointed in the manner
11provided by ordinance, they may be removed or discharged by the
12appointing authority. In such case the appointing authority
13shall file with the corporate authorities the reasons for such
14removal or discharge, which removal or discharge shall not
15become effective unless confirmed by a majority vote of the
16corporate authorities.
17    After August 25, 2017 (the effective date of Public Act
18100-425) this amendatory Act of the 100th General Assembly, a
19person shall not be appointed as the chief, the acting chief,
20the department head, or a position, by whatever title, that is
21responsible for day-to-day operations of a fire department for
22greater than 180 days unless he or she possesses the following
23qualifications and certifications:
24        (1) Office of the State Fire Marshal Firefighter Basic
25    Certification or Firefighter II Certification; Office of
26    the State Fire Marshal Fire Officer I and II

 

 

HB5447 Enrolled- 811 -LRB100 16294 AMC 31417 b

1    Certifications; and an associate degree in fire science or
2    a bachelor's degree from an accredited university or
3    college; or
4        (2) a minimum of 10 years' experience as a firefighter
5    at the fire department in the jurisdiction making the
6    appointment.
7This paragraph applies to fire departments that employ
8firefighters hired under the provisions of this Division.
9    If a member of the department is appointed chief of police
10or chief of the fire department prior to being eligible to
11retire on pension, he shall be considered as on furlough from
12the rank he held immediately prior to his appointment as chief.
13If he resigns as chief or is discharged as chief prior to
14attaining eligibility to retire on pension, he shall revert to
15and be established in whatever rank he currently holds, except
16for previously appointed positions, and thereafter be entitled
17to all the benefits and emoluments of that rank, without regard
18as to whether a vacancy then exists in that rank.
19    All appointments to each department other than that of the
20lowest rank, however, shall be from the rank next below that to
21which the appointment is made except as otherwise provided in
22this Section, and except that the chief of police and the chief
23of the fire department may be appointed from among members of
24the police and fire departments, respectively, regardless of
25rank, unless the council or board of trustees shall have by
26ordinance as to them otherwise provided. A chief of police or

 

 

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1the chief of the fire department, having been appointed from
2among members of the police or fire department, respectively,
3shall be permitted, regardless of rank, to take promotional
4exams and be promoted to a higher classified rank than he
5currently holds, without having to resign as chief of police or
6chief of the fire department.
7    The sole authority to issue certificates of appointment
8shall be vested in the Board of Fire and Police Commissioners
9and all certificates of appointments issued to any officer or
10member of the fire or police department of a municipality shall
11be signed by the chairman and secretary respectively of the
12board of fire and police commissioners of such municipality,
13upon appointment of such officer or member of the fire and
14police department of such municipality by action of the board
15of fire and police commissioners. After being selected from the
16register of eligibles to fill a vacancy in the affected
17department, each appointee shall be presented with his or her
18certificate of appointment on the day on which he or she is
19sworn in as a classified member of the affected department.
20Firefighters who were not issued a certificate of appointment
21when originally appointed shall be provided with a certificate
22within 10 days after making a written request to the
23chairperson of the Board of Fire and Police Commissioners. In
24any municipal fire department that employs full-time
25firefighters and is subject to a collective bargaining
26agreement, a person who has not qualified for regular

 

 

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1appointment under the provisions of this Division 2.1 shall not
2be used as a temporary or permanent substitute for classified
3members of a municipality's fire department or for regular
4appointment as a classified member of a municipality's fire
5department unless mutually agreed to by the employee's
6certified bargaining agent. Such agreement shall be considered
7a permissive subject of bargaining. Municipal fire departments
8covered by the changes made by Public Act 95-490 this
9amendatory Act of the 95th General Assembly that are using
10non-certificated employees as substitutes immediately prior to
11June 1, 2008 (the effective date of Public Act 95-490) this
12amendatory Act of the 95th General Assembly may, by mutual
13agreement with the certified bargaining agent, continue the
14existing practice or a modified practice and that agreement
15shall be considered a permissive subject of bargaining. A home
16rule unit may not regulate the hiring of temporary or
17substitute members of the municipality's fire department in a
18manner that is inconsistent with this Section. This Section is
19a limitation under subsection (i) of Section 6 of Article VII
20of the Illinois Constitution on the concurrent exercise by home
21rule units of powers and functions exercised by the State.
22    The term "policemen" as used in this Division does not
23include auxiliary police officers except as provided for in
24Section 10-2.1-6.
25    Any full-time full time member of a regular fire or police
26department of any municipality which comes under the provisions

 

 

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1of this Division or adopts this Division 2.1 or which has
2adopted any of the prior Acts pertaining to fire and police
3commissioners, is a city officer.
4    Notwithstanding any other provision of this Section, the
5Chief of Police of a department in a non-home rule municipality
6of more than 130,000 inhabitants may, without the advice or
7consent of the Board of Fire and Police Commissioners, appoint
8up to 6 officers who shall be known as deputy chiefs or
9assistant deputy chiefs, and whose rank shall be immediately
10below that of Chief. The deputy or assistant deputy chiefs may
11be appointed from any rank of sworn officers of that
12municipality, but no person who is not such a sworn officer may
13be so appointed. Such deputy chief or assistant deputy chief
14shall have the authority to direct and issue orders to all
15employees of the Department holding the rank of captain or any
16lower rank. A deputy chief of police or assistant deputy chief
17of police, having been appointed from any rank of sworn
18officers of that municipality, shall be permitted, regardless
19of rank, to take promotional exams and be promoted to a higher
20classified rank than he currently holds, without having to
21resign as deputy chief of police or assistant deputy chief of
22police.
23    Notwithstanding any other provision of this Section, a
24non-home rule municipality of 130,000 or fewer inhabitants,
25through its council or board of trustees, may, by ordinance,
26provide for a position of deputy chief to be appointed by the

 

 

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1chief of the police department. The ordinance shall provide for
2no more than one deputy chief position if the police department
3has fewer than 25 full-time police officers and for no more
4than 2 deputy chief positions if the police department has 25
5or more full-time police officers. The deputy chief position
6shall be an exempt rank immediately below that of Chief. The
7deputy chief may be appointed from any rank of sworn, full-time
8officers of the municipality's police department, but must have
9at least 5 years of full-time service as a police officer in
10that department. A deputy chief shall serve at the discretion
11of the Chief and, if removed from the position, shall revert to
12the rank currently held, without regard as to whether a vacancy
13exists in that rank. A deputy chief of police, having been
14appointed from any rank of sworn full-time officers of that
15municipality's police department, shall be permitted,
16regardless of rank, to take promotional exams and be promoted
17to a higher classified rank than he currently holds, without
18having to resign as deputy chief of police.
19    No municipality having a population less than 1,000,000
20shall require that any firefighter appointed to the lowest rank
21serve a probationary employment period of longer than one year.
22The limitation on periods of probationary employment provided
23in Public Act 86-990 this amendatory Act of 1989 is an
24exclusive power and function of the State. Pursuant to
25subsection (h) of Section 6 of Article VII of the Illinois
26Constitution, a home rule municipality having a population less

 

 

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1than 1,000,000 must comply with this limitation on periods of
2probationary employment, which is a denial and limitation of
3home rule powers. Notwithstanding anything to the contrary in
4this Section, the probationary employment period limitation
5may be extended for a firefighter who is required, as a
6condition of employment, to be a licensed paramedic, during
7which time the sole reason that a firefighter may be discharged
8without a hearing is for failing to meet the requirements for
9paramedic licensure.
10    To the extent that this Section or any other Section in
11this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4,
12then Section 10-2.1-6.3 or 10-2.1-6.4 shall control.
13(Source: P.A. 100-252, eff. 8-22-17; 100-425, eff. 8-25-17;
14revised 10-3-17.)
 
15    (65 ILCS 5/10-4-2)  (from Ch. 24, par. 10-4-2)
16    Sec. 10-4-2. Group insurance.
17    (a) The corporate authorities of any municipality may
18arrange to provide, for the benefit of employees of the
19municipality, group life, health, accident, hospital, and
20medical insurance, or any one or any combination of those types
21of insurance, and may arrange to provide that insurance for the
22benefit of the spouses or dependents of those employees. The
23insurance may include provision for employees or other insured
24persons who rely on treatment by prayer or spiritual means
25alone for healing in accordance with the tenets and practice of

 

 

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1a well recognized religious denomination. The corporate
2authorities may provide for payment by the municipality of a
3portion of the premium or charge for the insurance with the
4employee paying the balance of the premium or charge. If the
5corporate authorities undertake a plan under which the
6municipality pays a portion of the premium or charge, the
7corporate authorities shall provide for withholding and
8deducting from the compensation of those municipal employees
9who consent to join the plan the balance of the premium or
10charge for the insurance.
11    (b) If the corporate authorities do not provide for a plan
12under which the municipality pays a portion of the premium or
13charge for a group insurance plan, the corporate authorities
14may provide for withholding and deducting from the compensation
15of those employees who consent thereto the premium or charge
16for any group life, health, accident, hospital, and medical
17insurance.
18    (c) The corporate authorities may exercise the powers
19granted in this Section only if the kinds of group insurance
20are obtained from an insurance company authorized to do
21business in the State of Illinois, or are obtained through an
22intergovernmental joint self-insurance pool as authorized
23under the Intergovernmental Cooperation Act. The corporate
24authorities may enact an ordinance prescribing the method of
25operation of the insurance program.
26    (d) If a municipality, including a home rule municipality,

 

 

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1is a self-insurer for purposes of providing health insurance
2coverage for its employees, the insurance coverage shall
3include screening by low-dose mammography for all women 35
4years of age or older for the presence of occult breast cancer
5unless the municipality elects to provide mammograms itself
6under Section 10-4-2.1. The coverage shall be as follows:
7        (1) A baseline mammogram for women 35 to 39 years of
8    age.
9        (2) An annual mammogram for women 40 years of age or
10    older.
11        (3) A mammogram at the age and intervals considered
12    medically necessary by the woman's health care provider for
13    women under 40 years of age and having a family history of
14    breast cancer, prior personal history of breast cancer,
15    positive genetic testing, or other risk factors.
16        (4) A comprehensive ultrasound screening of an entire
17    breast or breasts if a mammogram demonstrates
18    heterogeneous or dense breast tissue, when medically
19    necessary as determined by a physician licensed to practice
20    medicine in all of its branches.
21    For purposes of this subsection, "low-dose mammography"
22means the x-ray examination of the breast using equipment
23dedicated specifically for mammography, including the x-ray
24tube, filter, compression device, and image receptor, with an
25average radiation exposure delivery of less than one rad per
26breast for 2 views of an average size breast. The term also

 

 

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1includes digital mammography.
2    (d-5) Coverage as described by subsection (d) shall be
3provided at no cost to the insured and shall not be applied to
4an annual or lifetime maximum benefit.
5    (d-10) When health care services are available through
6contracted providers and a person does not comply with plan
7provisions specific to the use of contracted providers, the
8requirements of subsection (d-5) are not applicable. When a
9person does not comply with plan provisions specific to the use
10of contracted providers, plan provisions specific to the use of
11non-contracted providers must be applied without distinction
12for coverage required by this Section and shall be at least as
13favorable as for other radiological examinations covered by the
14policy or contract.
15    (d-15) If a municipality, including a home rule
16municipality, is a self-insurer for purposes of providing
17health insurance coverage for its employees, the insurance
18coverage shall include mastectomy coverage, which includes
19coverage for prosthetic devices or reconstructive surgery
20incident to the mastectomy. Coverage for breast reconstruction
21in connection with a mastectomy shall include:
22        (1) reconstruction of the breast upon which the
23    mastectomy has been performed;
24        (2) surgery and reconstruction of the other breast to
25    produce a symmetrical appearance; and
26        (3) prostheses and treatment for physical

 

 

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1    complications at all stages of mastectomy, including
2    lymphedemas.
3Care shall be determined in consultation with the attending
4physician and the patient. The offered coverage for prosthetic
5devices and reconstructive surgery shall be subject to the
6deductible and coinsurance conditions applied to the
7mastectomy, and all other terms and conditions applicable to
8other benefits. When a mastectomy is performed and there is no
9evidence of malignancy then the offered coverage may be limited
10to the provision of prosthetic devices and reconstructive
11surgery to within 2 years after the date of the mastectomy. As
12used in this Section, "mastectomy" means the removal of all or
13part of the breast for medically necessary reasons, as
14determined by a licensed physician.
15    A municipality, including a home rule municipality, that is
16a self-insurer for purposes of providing health insurance
17coverage for its employees, may not penalize or reduce or limit
18the reimbursement of an attending provider or provide
19incentives (monetary or otherwise) to an attending provider to
20induce the provider to provide care to an insured in a manner
21inconsistent with this Section.
22    (d-20) The requirement that mammograms be included in
23health insurance coverage as provided in subsections (d)
24through (d-15) is an exclusive power and function of the State
25and is a denial and limitation under Article VII, Section 6,
26subsection (h) of the Illinois Constitution of home rule

 

 

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1municipality powers. A home rule municipality to which
2subsections (d) through (d-15) apply must comply with every
3provision of those through subsections.
4    (e) Rulemaking authority to implement Public Act 95-1045
5this amendatory Act of the 95th General Assembly, if any, is
6conditioned on the rules being adopted in accordance with all
7provisions of the Illinois Administrative Procedure Act and all
8rules and procedures of the Joint Committee on Administrative
9Rules; any purported rule not so adopted, for whatever reason,
10is unauthorized.
11(Source: P.A. 95-1045, eff. 3-27-09; revised 10-3-17.)
 
12    (65 ILCS 5/10-4-2.3)
13    Sec. 10-4-2.3. Required health benefits. If a
14municipality, including a home rule municipality, is a
15self-insurer for purposes of providing health insurance
16coverage for its employees, the coverage shall include coverage
17for the post-mastectomy care benefits required to be covered by
18a policy of accident and health insurance under Section 356t
19and the coverage required under Sections 356g, 356g.5,
20356g.5-1, 356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.10,
21356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.22, and
22356z.25, and 356z.26 of the Illinois Insurance Code. The
23coverage shall comply with Sections 155.22a, 355b, 356z.19, and
24370c of the Illinois Insurance Code. The requirement that
25health benefits be covered as provided in this is an exclusive

 

 

HB5447 Enrolled- 822 -LRB100 16294 AMC 31417 b

1power and function of the State and is a denial and limitation
2under Article VII, Section 6, subsection (h) of the Illinois
3Constitution. A home rule municipality to which this Section
4applies must comply with every provision of this Section.
5    Rulemaking authority to implement Public Act 95-1045, if
6any, is conditioned on the rules being adopted in accordance
7with all provisions of the Illinois Administrative Procedure
8Act and all rules and procedures of the Joint Committee on
9Administrative Rules; any purported rule not so adopted, for
10whatever reason, is unauthorized.
11(Source: P.A. 99-480, eff. 9-9-15; 100-24, eff. 7-18-17;
12100-138, eff. 8-18-17; revised 10-5-17.)
 
13    (65 ILCS 5/11-74.4-3.5)
14    Sec. 11-74.4-3.5. Completion dates for redevelopment
15projects.
16    (a) Unless otherwise stated in this Section, the estimated
17dates of completion of the redevelopment project and retirement
18of obligations issued to finance redevelopment project costs
19(including refunding bonds under Section 11-74.4-7) may not be
20later than December 31 of the year in which the payment to the
21municipal treasurer, as provided in subsection (b) of Section
2211-74.4-8 of this Act, is to be made with respect to ad valorem
23taxes levied in the 23rd calendar year after the year in which
24the ordinance approving the redevelopment project area was
25adopted if the ordinance was adopted on or after January 15,

 

 

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11981.
2    (a-5) If the redevelopment project area is located within a
3transit facility improvement area established pursuant to
4Section 11-74.4-3, the estimated dates of completion of the
5redevelopment project and retirement of obligations issued to
6finance redevelopment project costs (including refunding bonds
7under Section 11-74.4-7) may not be later than December 31 of
8the year in which the payment to the municipal treasurer, as
9provided in subsection (b) of Section 11-74.4-8 of this Act, is
10to be made with respect to ad valorem taxes levied in the 35th
11calendar year after the year in which the ordinance approving
12the redevelopment project area was adopted.
13    (a-7) A municipality may adopt tax increment financing for
14a redevelopment project area located in a transit facility
15improvement area that also includes real property located
16within an existing redevelopment project area established
17prior to August 12, 2016 (the effective date of Public Act
1899-792). In such case: (i) the provisions of this Division
19shall apply with respect to the previously established
20redevelopment project area until the municipality adopts, as
21required in accordance with applicable provisions of this
22Division, an ordinance dissolving the special tax allocation
23fund for such redevelopment project area and terminating the
24designation of such redevelopment project area as a
25redevelopment project area; and (ii) after the effective date
26of the ordinance described in (i), the provisions of this

 

 

HB5447 Enrolled- 824 -LRB100 16294 AMC 31417 b

1Division shall apply with respect to the subsequently
2established redevelopment project area located in a transit
3facility improvement area.
4    (b) The estimated dates of completion of the redevelopment
5project and retirement of obligations issued to finance
6redevelopment project costs (including refunding bonds under
7Section 11-74.4-7) may not be later than December 31 of the
8year in which the payment to the municipal treasurer as
9provided in subsection (b) of Section 11-74.4-8 of this Act is
10to be made with respect to ad valorem taxes levied in the 32nd
11calendar year after the year in which the ordinance approving
12the redevelopment project area was adopted if the ordinance was
13adopted on September 9, 1999 by the Village of Downs.
14    The estimated dates of completion of the redevelopment
15project and retirement of obligations issued to finance
16redevelopment project costs (including refunding bonds under
17Section 11-74.4-7) may not be later than December 31 of the
18year in which the payment to the municipal treasurer as
19provided in subsection (b) of Section 11-74.4-8 of this Act is
20to be made with respect to ad valorem taxes levied in the 33rd
21calendar year after the year in which the ordinance approving
22the redevelopment project area was adopted if the ordinance was
23adopted on May 20, 1985 by the Village of Wheeling.
24    The estimated dates of completion of the redevelopment
25project and retirement of obligations issued to finance
26redevelopment project costs (including refunding bonds under

 

 

HB5447 Enrolled- 825 -LRB100 16294 AMC 31417 b

1Section 11-74.4-7) may not be later than December 31 of the
2year in which the payment to the municipal treasurer as
3provided in subsection (b) of Section 11-74.4-8 of this Act is
4to be made with respect to ad valorem taxes levied in the 28th
5calendar year after the year in which the ordinance approving
6the redevelopment project area was adopted if the ordinance was
7adopted on October 12, 1989 by the City of Lawrenceville.
8    (c) The estimated dates of completion of the redevelopment
9project and retirement of obligations issued to finance
10redevelopment project costs (including refunding bonds under
11Section 11-74.4-7) may not be later than December 31 of the
12year in which the payment to the municipal treasurer as
13provided in subsection (b) of Section 11-74.4-8 of this Act is
14to be made with respect to ad valorem taxes levied in the 35th
15calendar year after the year in which the ordinance approving
16the redevelopment project area was adopted:
17        (1) If the ordinance was adopted before January 15,
18    1981.
19        (2) If the ordinance was adopted in December 1983,
20    April 1984, July 1985, or December 1989.
21        (3) If the ordinance was adopted in December 1987 and
22    the redevelopment project is located within one mile of
23    Midway Airport.
24        (4) If the ordinance was adopted before January 1, 1987
25    by a municipality in Mason County.
26        (5) If the municipality is subject to the Local

 

 

HB5447 Enrolled- 826 -LRB100 16294 AMC 31417 b

1    Government Financial Planning and Supervision Act or the
2    Financially Distressed City Law.
3        (6) If the ordinance was adopted in December 1984 by
4    the Village of Rosemont.
5        (7) If the ordinance was adopted on December 31, 1986
6    by a municipality located in Clinton County for which at
7    least $250,000 of tax increment bonds were authorized on
8    June 17, 1997, or if the ordinance was adopted on December
9    31, 1986 by a municipality with a population in 1990 of
10    less than 3,600 that is located in a county with a
11    population in 1990 of less than 34,000 and for which at
12    least $250,000 of tax increment bonds were authorized on
13    June 17, 1997.
14        (8) If the ordinance was adopted on October 5, 1982 by
15    the City of Kankakee, or if the ordinance was adopted on
16    December 29, 1986 by East St. Louis.
17        (9) If the ordinance was adopted on November 12, 1991
18    by the Village of Sauget.
19        (10) If the ordinance was adopted on February 11, 1985
20    by the City of Rock Island.
21        (11) If the ordinance was adopted before December 18,
22    1986 by the City of Moline.
23        (12) If the ordinance was adopted in September 1988 by
24    Sauk Village.
25        (13) If the ordinance was adopted in October 1993 by
26    Sauk Village.

 

 

HB5447 Enrolled- 827 -LRB100 16294 AMC 31417 b

1        (14) If the ordinance was adopted on December 29, 1986
2    by the City of Galva.
3        (15) If the ordinance was adopted in March 1991 by the
4    City of Centreville.
5        (16) If the ordinance was adopted on January 23, 1991
6    by the City of East St. Louis.
7        (17) If the ordinance was adopted on December 22, 1986
8    by the City of Aledo.
9        (18) If the ordinance was adopted on February 5, 1990
10    by the City of Clinton.
11        (19) If the ordinance was adopted on September 6, 1994
12    by the City of Freeport.
13        (20) If the ordinance was adopted on December 22, 1986
14    by the City of Tuscola.
15        (21) If the ordinance was adopted on December 23, 1986
16    by the City of Sparta.
17        (22) If the ordinance was adopted on December 23, 1986
18    by the City of Beardstown.
19        (23) If the ordinance was adopted on April 27, 1981,
20    October 21, 1985, or December 30, 1986 by the City of
21    Belleville.
22        (24) If the ordinance was adopted on December 29, 1986
23    by the City of Collinsville.
24        (25) If the ordinance was adopted on September 14, 1994
25    by the City of Alton.
26        (26) If the ordinance was adopted on November 11, 1996

 

 

HB5447 Enrolled- 828 -LRB100 16294 AMC 31417 b

1    by the City of Lexington.
2        (27) If the ordinance was adopted on November 5, 1984
3    by the City of LeRoy.
4        (28) If the ordinance was adopted on April 3, 1991 or
5    June 3, 1992 by the City of Markham.
6        (29) If the ordinance was adopted on November 11, 1986
7    by the City of Pekin.
8        (30) If the ordinance was adopted on December 15, 1981
9    by the City of Champaign.
10        (31) If the ordinance was adopted on December 15, 1986
11    by the City of Urbana.
12        (32) If the ordinance was adopted on December 15, 1986
13    by the Village of Heyworth.
14        (33) If the ordinance was adopted on February 24, 1992
15    by the Village of Heyworth.
16        (34) If the ordinance was adopted on March 16, 1995 by
17    the Village of Heyworth.
18        (35) If the ordinance was adopted on December 23, 1986
19    by the Town of Cicero.
20        (36) If the ordinance was adopted on December 30, 1986
21    by the City of Effingham.
22        (37) If the ordinance was adopted on May 9, 1991 by the
23    Village of Tilton.
24        (38) If the ordinance was adopted on October 20, 1986
25    by the City of Elmhurst.
26        (39) If the ordinance was adopted on January 19, 1988

 

 

HB5447 Enrolled- 829 -LRB100 16294 AMC 31417 b

1    by the City of Waukegan.
2        (40) If the ordinance was adopted on September 21, 1998
3    by the City of Waukegan.
4        (41) If the ordinance was adopted on December 31, 1986
5    by the City of Sullivan.
6        (42) If the ordinance was adopted on December 23, 1991
7    by the City of Sullivan.
8        (43) If the ordinance was adopted on December 31, 1986
9    by the City of Oglesby.
10        (44) If the ordinance was adopted on July 28, 1987 by
11    the City of Marion.
12        (45) If the ordinance was adopted on April 23, 1990 by
13    the City of Marion.
14        (46) If the ordinance was adopted on August 20, 1985 by
15    the Village of Mount Prospect.
16        (47) If the ordinance was adopted on February 2, 1998
17    by the Village of Woodhull.
18        (48) If the ordinance was adopted on April 20, 1993 by
19    the Village of Princeville.
20        (49) If the ordinance was adopted on July 1, 1986 by
21    the City of Granite City.
22        (50) If the ordinance was adopted on February 2, 1989
23    by the Village of Lombard.
24        (51) If the ordinance was adopted on December 29, 1986
25    by the Village of Gardner.
26        (52) If the ordinance was adopted on July 14, 1999 by

 

 

HB5447 Enrolled- 830 -LRB100 16294 AMC 31417 b

1    the Village of Paw Paw.
2        (53) If the ordinance was adopted on November 17, 1986
3    by the Village of Franklin Park.
4        (54) If the ordinance was adopted on November 20, 1989
5    by the Village of South Holland.
6        (55) If the ordinance was adopted on July 14, 1992 by
7    the Village of Riverdale.
8        (56) If the ordinance was adopted on December 29, 1986
9    by the City of Galesburg.
10        (57) If the ordinance was adopted on April 1, 1985 by
11    the City of Galesburg.
12        (58) If the ordinance was adopted on May 21, 1990 by
13    the City of West Chicago.
14        (59) If the ordinance was adopted on December 16, 1986
15    by the City of Oak Forest.
16        (60) If the ordinance was adopted in 1999 by the City
17    of Villa Grove.
18        (61) If the ordinance was adopted on January 13, 1987
19    by the Village of Mt. Zion.
20        (62) If the ordinance was adopted on December 30, 1986
21    by the Village of Manteno.
22        (63) If the ordinance was adopted on April 3, 1989 by
23    the City of Chicago Heights.
24        (64) If the ordinance was adopted on January 6, 1999 by
25    the Village of Rosemont.
26        (65) If the ordinance was adopted on December 19, 2000

 

 

HB5447 Enrolled- 831 -LRB100 16294 AMC 31417 b

1    by the Village of Stone Park.
2        (66) If the ordinance was adopted on December 22, 1986
3    by the City of DeKalb.
4        (67) If the ordinance was adopted on December 2, 1986
5    by the City of Aurora.
6        (68) If the ordinance was adopted on December 31, 1986
7    by the Village of Milan.
8        (69) If the ordinance was adopted on September 8, 1994
9    by the City of West Frankfort.
10        (70) If the ordinance was adopted on December 23, 1986
11    by the Village of Libertyville.
12        (71) If the ordinance was adopted on December 22, 1986
13    by the Village of Hoffman Estates.
14        (72) If the ordinance was adopted on September 17, 1986
15    by the Village of Sherman.
16        (73) If the ordinance was adopted on December 16, 1986
17    by the City of Macomb.
18        (74) If the ordinance was adopted on June 11, 2002 by
19    the City of East Peoria to create the West Washington
20    Street TIF.
21        (75) If the ordinance was adopted on June 11, 2002 by
22    the City of East Peoria to create the Camp Street TIF.
23        (76) If the ordinance was adopted on August 7, 2000 by
24    the City of Des Plaines.
25        (77) If the ordinance was adopted on December 22, 1986
26    by the City of Washington to create the Washington Square

 

 

HB5447 Enrolled- 832 -LRB100 16294 AMC 31417 b

1    TIF #2.
2        (78) If the ordinance was adopted on December 29, 1986
3    by the City of Morris.
4        (79) If the ordinance was adopted on July 6, 1998 by
5    the Village of Steeleville.
6        (80) If the ordinance was adopted on December 29, 1986
7    by the City of Pontiac to create TIF I (the Main St TIF).
8        (81) If the ordinance was adopted on December 29, 1986
9    by the City of Pontiac to create TIF II (the Interstate
10    TIF).
11        (82) If the ordinance was adopted on November 6, 2002
12    by the City of Chicago to create the Madden/Wells TIF
13    District.
14        (83) If the ordinance was adopted on November 4, 1998
15    by the City of Chicago to create the Roosevelt/Racine TIF
16    District.
17        (84) If the ordinance was adopted on June 10, 1998 by
18    the City of Chicago to create the Stony Island
19    Commercial/Burnside Industrial Corridors TIF District.
20        (85) If the ordinance was adopted on November 29, 1989
21    by the City of Chicago to create the Englewood Mall TIF
22    District.
23        (86) If the ordinance was adopted on December 27, 1986
24    by the City of Mendota.
25        (87) If the ordinance was adopted on December 31, 1986
26    by the Village of Cahokia.

 

 

HB5447 Enrolled- 833 -LRB100 16294 AMC 31417 b

1        (88) If the ordinance was adopted on September 20, 1999
2    by the City of Belleville.
3        (89) If the ordinance was adopted on December 30, 1986
4    by the Village of Bellevue to create the Bellevue TIF
5    District 1.
6        (90) If the ordinance was adopted on December 13, 1993
7    by the Village of Crete.
8        (91) If the ordinance was adopted on February 12, 2001
9    by the Village of Crete.
10        (92) If the ordinance was adopted on April 23, 2001 by
11    the Village of Crete.
12        (93) If the ordinance was adopted on December 16, 1986
13    by the City of Champaign.
14        (94) If the ordinance was adopted on December 20, 1986
15    by the City of Charleston.
16        (95) If the ordinance was adopted on June 6, 1989 by
17    the Village of Romeoville.
18        (96) If the ordinance was adopted on October 14, 1993
19    and amended on August 2, 2010 by the City of Venice.
20        (97) If the ordinance was adopted on June 1, 1994 by
21    the City of Markham.
22        (98) If the ordinance was adopted on May 19, 1998 by
23    the Village of Bensenville.
24        (99) If the ordinance was adopted on November 12, 1987
25    by the City of Dixon.
26        (100) If the ordinance was adopted on December 20, 1988

 

 

HB5447 Enrolled- 834 -LRB100 16294 AMC 31417 b

1    by the Village of Lansing.
2        (101) If the ordinance was adopted on October 27, 1998
3    by the City of Moline.
4        (102) If the ordinance was adopted on May 21, 1991 by
5    the Village of Glenwood.
6        (103) If the ordinance was adopted on January 28, 1992
7    by the City of East Peoria.
8        (104) If the ordinance was adopted on December 14, 1998
9    by the City of Carlyle.
10        (105) If the ordinance was adopted on May 17, 2000, as
11    subsequently amended, by the City of Chicago to create the
12    Midwest Redevelopment TIF District.
13        (106) If the ordinance was adopted on September 13,
14    1989 by the City of Chicago to create the Michigan/Cermak
15    Area TIF District.
16        (107) If the ordinance was adopted on March 30, 1992 by
17    the Village of Ohio.
18        (108) If the ordinance was adopted on July 6, 1998 by
19    the Village of Orangeville.
20        (109) If the ordinance was adopted on December 16, 1997
21    by the Village of Germantown.
22        (110) If the ordinance was adopted on April 28, 2003 by
23    Gibson City.
24        (111) If the ordinance was adopted on December 18, 1990
25    by the Village of Washington Park, but only after the
26    Village of Washington Park becomes compliant with the

 

 

HB5447 Enrolled- 835 -LRB100 16294 AMC 31417 b

1    reporting requirements under subsection (d) of Section
2    11-74.4-5, and after the State Comptroller's certification
3    of such compliance.
4        (112) If the ordinance was adopted on February 28, 2000
5    by the City of Harvey.
6        (113) If the ordinance was adopted on January 11, 1991
7    by the City of Chicago to create the Read/Dunning TIF
8    District.
9        (114) If the ordinance was adopted on July 24, 1991 by
10    the City of Chicago to create the Sanitary and Ship Canal
11    TIF District.
12        (115) If the ordinance was adopted on December 4, 2007
13    by the City of Naperville.
14        (116) If the ordinance was adopted on July 1, 2002 by
15    the Village of Arlington Heights.
16        (117) If the ordinance was adopted on February 11, 1991
17    by the Village of Machesney Park.
18        (118) If the ordinance was adopted on December 29, 1993
19    by the City of Ottawa.
20        (119) If the ordinance was adopted on June 4, 1991 by
21    the Village of Lansing.
22        (120) If the ordinance was adopted on February 10, 2004
23    by the Village of Fox Lake.
24        (121) If the ordinance was adopted on December 22, 1992
25    by the City of Fairfield.
26        (122) If the ordinance was adopted on February 10, 1992

 

 

HB5447 Enrolled- 836 -LRB100 16294 AMC 31417 b

1    by the City of Mt. Sterling.
2        (123) If the ordinance was adopted on March 15, 2004 by
3    the City of Batavia.
4        (124) If the ordinance was adopted on March 18, 2002 by
5    the Village of Lake Zurich.
6        (125) If the ordinance was adopted on September 23,
7    1997 by the City of Granite City.
8        (126) If the ordinance was adopted on May 8, 2013 by
9    the Village of Rosemont to create the Higgins Road/River
10    Road TIF District No. 6.
11        (127) If the ordinance was adopted on November 22, 1993
12    by the City of Arcola.
13        (128) If the ordinance was adopted on September 7, 2004
14    by the City of Arcola.
15        (129) If the ordinance was adopted on November 29, 1999
16    by the City of Paris.
17        (130) If the ordinance was adopted on September 20,
18    1994 by the City of Ottawa to create the U.S. Route 6 East
19    Ottawa TIF.
20        (131) If the ordinance was adopted on May 2, 2002 by
21    the Village of Crestwood.
22        (132) If the ordinance was adopted on October 27, 1992
23    by the City of Blue Island.
24        (133) If the ordinance was adopted on December 23, 1993
25    by the City of Lacon.
26        (134) If the ordinance was adopted on May 4, 1998 by

 

 

HB5447 Enrolled- 837 -LRB100 16294 AMC 31417 b

1    the Village of Bradford.
2        (135) If the ordinance was adopted on June 11, 2002 by
3    the City of Oak Forest.
4        (136) If the ordinance was adopted on November 16, 1992
5    by the City of Pinckneyville.
6        (137) If the ordinance was adopted on March 1, 2001 by
7    the Village of South Jacksonville.
8        (138) If the ordinance was adopted on February 26, 1992
9    by the City of Chicago to create the Stockyards Southeast
10    Quadrant TIF District.
11        (139) If the ordinance was adopted on January 25, 1993
12    by the City of LaSalle.
13        (140) If the ordinance was adopted on December 23, 1997
14    by the Village of Dieterich.
15        (141) If the ordinance was adopted on February 10, 2016
16    by the Village of Rosemont to create the Balmoral/Pearl TIF
17    No. 8 Tax Increment Financing Redevelopment Project Area.
18        (142) If the ordinance was adopted on June 11, 2002 by
19    the City of Oak Forest.
20        (143) If the ordinance was adopted on January 31, 1995
21    by the Village of Milledgeville.
22        (144) (143) If the ordinance was adopted on February 5,
23    1996 by the Village of Pearl City.
24        (145) (143) If the ordinance was adopted on December
25    21, 1994 by the City of Calumet City.
26    (d) For redevelopment project areas for which bonds were

 

 

HB5447 Enrolled- 838 -LRB100 16294 AMC 31417 b

1issued before July 29, 1991, or for which contracts were
2entered into before June 1, 1988, in connection with a
3redevelopment project in the area within the State Sales Tax
4Boundary, the estimated dates of completion of the
5redevelopment project and retirement of obligations to finance
6redevelopment project costs (including refunding bonds under
7Section 11-74.4-7) may be extended by municipal ordinance to
8December 31, 2013. The termination procedures of subsection (b)
9of Section 11-74.4-8 are not required for these redevelopment
10project areas in 2009 but are required in 2013. The extension
11allowed by Public Act 87-1272 shall not apply to real property
12tax increment allocation financing under Section 11-74.4-8.
13    (e) Those dates, for purposes of real property tax
14increment allocation financing pursuant to Section 11-74.4-8
15only, shall be not more than 35 years for redevelopment project
16areas that were adopted on or after December 16, 1986 and for
17which at least $8 million worth of municipal bonds were
18authorized on or after December 19, 1989 but before January 1,
191990; provided that the municipality elects to extend the life
20of the redevelopment project area to 35 years by the adoption
21of an ordinance after at least 14 but not more than 30 days'
22written notice to the taxing bodies, that would otherwise
23constitute the joint review board for the redevelopment project
24area, before the adoption of the ordinance.
25    (f) Those dates, for purposes of real property tax
26increment allocation financing pursuant to Section 11-74.4-8

 

 

HB5447 Enrolled- 839 -LRB100 16294 AMC 31417 b

1only, shall be not more than 35 years for redevelopment project
2areas that were established on or after December 1, 1981 but
3before January 1, 1982 and for which at least $1,500,000 worth
4of tax increment revenue bonds were authorized on or after
5September 30, 1990 but before July 1, 1991; provided that the
6municipality elects to extend the life of the redevelopment
7project area to 35 years by the adoption of an ordinance after
8at least 14 but not more than 30 days' written notice to the
9taxing bodies, that would otherwise constitute the joint review
10board for the redevelopment project area, before the adoption
11of the ordinance.
12    (f-5) Those dates, for purposes of real property tax
13increment allocation financing pursuant to Section 11-74.4-8
14only, shall be not more than 47 years for redevelopment project
15areas that were established on December 29, 1981 by the City of
16Springfield; provided that (i) the City of Springfield adopts
17an ordinance extending the life of the redevelopment project
18area to 47 years and (ii) the City of Springfield provides
19notice to the taxing bodies that would otherwise constitute the
20joint review board for the redevelopment project area not more
21than 30 and not less than 14 days prior to the adoption of that
22ordinance.
23    (g) In consolidating the material relating to completion
24dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,
25it is not the intent of the General Assembly to make any
26substantive change in the law, except for the extension of the

 

 

HB5447 Enrolled- 840 -LRB100 16294 AMC 31417 b

1completion dates for the City of Aurora, the Village of Milan,
2the City of West Frankfort, the Village of Libertyville, and
3the Village of Hoffman Estates set forth under items (67),
4(68), (69), (70), and (71) of subsection (c) of this Section.
5(Source: P.A. 99-78, eff. 7-20-15; 99-136, eff. 7-24-15;
699-263, eff. 8-4-15; 99-361, eff. 1-1-16; 99-394, eff. 8-18-15;
799-495, eff. 12-17-15; 99-508, eff. 6-24-16; 99-792, eff.
88-12-16; 100-201, eff. 8-18-17; 100-214, eff. 8-18-17;
9100-249, eff. 8-22-17; 100-510, eff. 9-15-17; revised
1010-2-17.)
 
11    Section 260. The Metropolitan Pier and Exposition
12Authority Act is amended by changing Section 13 as follows:
 
13    (70 ILCS 210/13)  (from Ch. 85, par. 1233)
14    Sec. 13. (a) The Authority shall not have power to levy
15taxes for any purpose, except as provided in subsections (b),
16(c), (d), (e), and (f).
17    (b) By ordinance the Authority shall, as soon as
18practicable after July 1, 1992 (the effective date of Public
19Act 87-733) this amendatory Act of 1991, impose a Metropolitan
20Pier and Exposition Authority Retailers' Occupation Tax upon
21all persons engaged in the business of selling tangible
22personal property at retail within the territory described in
23this subsection at the rate of 1.0% of the gross receipts (i)
24from the sale of food, alcoholic beverages, and soft drinks

 

 

HB5447 Enrolled- 841 -LRB100 16294 AMC 31417 b

1sold for consumption on the premises where sold and (ii) from
2the sale of food, alcoholic beverages, and soft drinks sold for
3consumption off the premises where sold by a retailer whose
4principal source of gross receipts is from the sale of food,
5alcoholic beverages, and soft drinks prepared for immediate
6consumption.
7    The tax imposed under this subsection and all civil
8penalties that may be assessed as an incident to that tax shall
9be collected and enforced by the Illinois Department of
10Revenue. The Department shall have full power to administer and
11enforce this subsection, to collect all taxes and penalties so
12collected in the manner provided in this subsection, and to
13determine all rights to credit memoranda arising on account of
14the erroneous payment of tax or penalty under this subsection.
15In the administration of and compliance with this subsection,
16the Department and persons who are subject to this subsection
17shall have the same rights, remedies, privileges, immunities,
18powers, and duties, shall be subject to the same conditions,
19restrictions, limitations, penalties, exclusions, exemptions,
20and definitions of terms, and shall employ the same modes of
21procedure applicable to this Retailers' Occupation Tax as are
22prescribed in Sections 1, 2 through 2-65 (in respect to all
23provisions of those Sections other than the State rate of
24taxes), 2c, 2h, 2i, 3 (except as to the disposition of taxes
25and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5i,
265j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13, and, until January

 

 

HB5447 Enrolled- 842 -LRB100 16294 AMC 31417 b

11, 1994, 13.5 of the Retailers' Occupation Tax Act, and, on and
2after January 1, 1994, all applicable provisions of the Uniform
3Penalty and Interest Act that are not inconsistent with this
4Act, as fully as if provisions contained in those Sections of
5the Retailers' Occupation Tax Act were set forth in this
6subsection.
7    Persons subject to any tax imposed under the authority
8granted in this subsection may reimburse themselves for their
9seller's tax liability under this subsection by separately
10stating that tax as an additional charge, which charge may be
11stated in combination, in a single amount, with State taxes
12that sellers are required to collect under the Use Tax Act,
13pursuant to bracket schedules as the Department may prescribe.
14The retailer filing the return shall, at the time of filing the
15return, pay to the Department the amount of tax imposed under
16this subsection, less a discount of 1.75%, which is allowed to
17reimburse the retailer for the expenses incurred in keeping
18records, preparing and filing returns, remitting the tax, and
19supplying data to the Department on request.
20    Whenever the Department determines that a refund should be
21made under this subsection to a claimant instead of issuing a
22credit memorandum, the Department shall notify the State
23Comptroller, who shall cause a warrant to be drawn for the
24amount specified and to the person named in the notification
25from the Department. The refund shall be paid by the State
26Treasurer out of the Metropolitan Pier and Exposition Authority

 

 

HB5447 Enrolled- 843 -LRB100 16294 AMC 31417 b

1trust fund held by the State Treasurer as trustee for the
2Authority.
3    Nothing in this subsection authorizes the Authority to
4impose a tax upon the privilege of engaging in any business
5that under the Constitution of the United States may not be
6made the subject of taxation by this State.
7    The Department shall forthwith pay over to the State
8Treasurer, ex officio, as trustee for the Authority, all taxes
9and penalties collected under this subsection for deposit into
10a trust fund held outside of the State Treasury.
11    As soon as possible after the first day of each month,
12beginning January 1, 2011, upon certification of the Department
13of Revenue, the Comptroller shall order transferred, and the
14Treasurer shall transfer, to the STAR Bonds Revenue Fund the
15local sales tax increment, as defined in the Innovation
16Development and Economy Act, collected under this subsection
17during the second preceding calendar month for sales within a
18STAR bond district.
19    After the monthly transfer to the STAR Bonds Revenue Fund,
20on or before the 25th day of each calendar month, the
21Department shall prepare and certify to the Comptroller the
22amounts to be paid under subsection (g) of this Section, which
23shall be the amounts, not including credit memoranda, collected
24under this subsection during the second preceding calendar
25month by the Department, less any amounts determined by the
26Department to be necessary for the payment of refunds, less 2%

 

 

HB5447 Enrolled- 844 -LRB100 16294 AMC 31417 b

1of such balance, which sum shall be deposited by the State
2Treasurer into the Tax Compliance and Administration Fund in
3the State Treasury from which it shall be appropriated to the
4Department to cover the costs of the Department in
5administering and enforcing the provisions of this subsection,
6and less any amounts that are transferred to the STAR Bonds
7Revenue Fund. Within 10 days after receipt by the Comptroller
8of the certification, the Comptroller shall cause the orders to
9be drawn for the remaining amounts, and the Treasurer shall
10administer those amounts as required in subsection (g).
11    A certificate of registration issued by the Illinois
12Department of Revenue to a retailer under the Retailers'
13Occupation Tax Act shall permit the registrant to engage in a
14business that is taxed under the tax imposed under this
15subsection, and no additional registration shall be required
16under the ordinance imposing the tax or under this subsection.
17    A certified copy of any ordinance imposing or discontinuing
18any tax under this subsection or effecting a change in the rate
19of that tax shall be filed with the Department, whereupon the
20Department shall proceed to administer and enforce this
21subsection on behalf of the Authority as of the first day of
22the third calendar month following the date of filing.
23    The tax authorized to be levied under this subsection may
24be levied within all or any part of the following described
25portions of the metropolitan area:
26        (1) that portion of the City of Chicago located within

 

 

HB5447 Enrolled- 845 -LRB100 16294 AMC 31417 b

1    the following area: Beginning at the point of intersection
2    of the Cook County - DuPage County line and York Road, then
3    North along York Road to its intersection with Touhy
4    Avenue, then east along Touhy Avenue to its intersection
5    with the Northwest Tollway, then southeast along the
6    Northwest Tollway to its intersection with Lee Street, then
7    south along Lee Street to Higgins Road, then south and east
8    along Higgins Road to its intersection with Mannheim Road,
9    then south along Mannheim Road to its intersection with
10    Irving Park Road, then west along Irving Park Road to its
11    intersection with the Cook County - DuPage County line,
12    then north and west along the county line to the point of
13    beginning; and
14        (2) that portion of the City of Chicago located within
15    the following area: Beginning at the intersection of West
16    55th Street with Central Avenue, then east along West 55th
17    Street to its intersection with South Cicero Avenue, then
18    south along South Cicero Avenue to its intersection with
19    West 63rd Street, then west along West 63rd Street to its
20    intersection with South Central Avenue, then north along
21    South Central Avenue to the point of beginning; and
22        (3) that portion of the City of Chicago located within
23    the following area: Beginning at the point 150 feet west of
24    the intersection of the west line of North Ashland Avenue
25    and the north line of West Diversey Avenue, then north 150
26    feet, then east along a line 150 feet north of the north

 

 

HB5447 Enrolled- 846 -LRB100 16294 AMC 31417 b

1    line of West Diversey Avenue extended to the shoreline of
2    Lake Michigan, then following the shoreline of Lake
3    Michigan (including Navy Pier and all other improvements
4    fixed to land, docks, or piers) to the point where the
5    shoreline of Lake Michigan and the Adlai E. Stevenson
6    Expressway extended east to that shoreline intersect, then
7    west along the Adlai E. Stevenson Expressway to a point 150
8    feet west of the west line of South Ashland Avenue, then
9    north along a line 150 feet west of the west line of South
10    and North Ashland Avenue to the point of beginning.
11    The tax authorized to be levied under this subsection may
12also be levied on food, alcoholic beverages, and soft drinks
13sold on boats and other watercraft departing from and returning
14to the shoreline of Lake Michigan (including Navy Pier and all
15other improvements fixed to land, docks, or piers) described in
16item (3).
17    (c) By ordinance the Authority shall, as soon as
18practicable after July 1, 1992 (the effective date of Public
19Act 87-733) this amendatory Act of 1991, impose an occupation
20tax upon all persons engaged in the corporate limits of the
21City of Chicago in the business of renting, leasing, or letting
22rooms in a hotel, as defined in the Hotel Operators' Occupation
23Tax Act, at a rate of 2.5% of the gross rental receipts from
24the renting, leasing, or letting of hotel rooms within the City
25of Chicago, excluding, however, from gross rental receipts the
26proceeds of renting, leasing, or letting to permanent residents

 

 

HB5447 Enrolled- 847 -LRB100 16294 AMC 31417 b

1of a hotel, as defined in that Act. Gross rental receipts shall
2not include charges that are added on account of the liability
3arising from any tax imposed by the State or any governmental
4agency on the occupation of renting, leasing, or letting rooms
5in a hotel.
6    The tax imposed by the Authority under this subsection and
7all civil penalties that may be assessed as an incident to that
8tax shall be collected and enforced by the Illinois Department
9of Revenue. The certificate of registration that is issued by
10the Department to a lessor under the Hotel Operators'
11Occupation Tax Act shall permit that registrant to engage in a
12business that is taxable under any ordinance enacted under this
13subsection without registering separately with the Department
14under that ordinance or under this subsection. The Department
15shall have full power to administer and enforce this
16subsection, to collect all taxes and penalties due under this
17subsection, to dispose of taxes and penalties so collected in
18the manner provided in this subsection, and to determine all
19rights to credit memoranda arising on account of the erroneous
20payment of tax or penalty under this subsection. In the
21administration of and compliance with this subsection, the
22Department and persons who are subject to this subsection shall
23have the same rights, remedies, privileges, immunities,
24powers, and duties, shall be subject to the same conditions,
25restrictions, limitations, penalties, and definitions of
26terms, and shall employ the same modes of procedure as are

 

 

HB5447 Enrolled- 848 -LRB100 16294 AMC 31417 b

1prescribed in the Hotel Operators' Occupation Tax Act (except
2where that Act is inconsistent with this subsection), as fully
3as if the provisions contained in the Hotel Operators'
4Occupation Tax Act were set out in this subsection.
5    Whenever the Department determines that a refund should be
6made under this subsection to a claimant instead of issuing a
7credit memorandum, the Department shall notify the State
8Comptroller, who shall cause a warrant to be drawn for the
9amount specified and to the person named in the notification
10from the Department. The refund shall be paid by the State
11Treasurer out of the Metropolitan Pier and Exposition Authority
12trust fund held by the State Treasurer as trustee for the
13Authority.
14    Persons subject to any tax imposed under the authority
15granted in this subsection may reimburse themselves for their
16tax liability for that tax by separately stating that tax as an
17additional charge, which charge may be stated in combination,
18in a single amount, with State taxes imposed under the Hotel
19Operators' Occupation Tax Act, the municipal tax imposed under
20Section 8-3-13 of the Illinois Municipal Code, and the tax
21imposed under Section 19 of the Illinois Sports Facilities
22Authority Act.
23    The person filing the return shall, at the time of filing
24the return, pay to the Department the amount of tax, less a
25discount of 2.1% or $25 per calendar year, whichever is
26greater, which is allowed to reimburse the operator for the

 

 

HB5447 Enrolled- 849 -LRB100 16294 AMC 31417 b

1expenses incurred in keeping records, preparing and filing
2returns, remitting the tax, and supplying data to the
3Department on request.
4    Except as otherwise provided in this paragraph, the
5Department shall forthwith pay over to the State Treasurer, ex
6officio, as trustee for the Authority, all taxes and penalties
7collected under this subsection for deposit into a trust fund
8held outside the State Treasury. On or before the 25th day of
9each calendar month, the Department shall certify to the
10Comptroller the amounts to be paid under subsection (g) of this
11Section, which shall be the amounts (not including credit
12memoranda) collected under this subsection during the second
13preceding calendar month by the Department, less any amounts
14determined by the Department to be necessary for payment of
15refunds, less 2% of the remainder, which the Department shall
16transfer into the Tax Compliance and Administration Fund. The
17Department, at the time of each monthly disbursement to the
18Authority, shall prepare and certify to the State Comptroller
19the amount to be transferred into the Tax Compliance and
20Administration Fund under this subsection. Within 10 days after
21receipt by the Comptroller of the Department's certification,
22the Comptroller shall cause the orders to be drawn for such
23amounts, and the Treasurer shall administer the amounts
24distributed to the Authority as required in subsection (g).
25    A certified copy of any ordinance imposing or discontinuing
26a tax under this subsection or effecting a change in the rate

 

 

HB5447 Enrolled- 850 -LRB100 16294 AMC 31417 b

1of that tax shall be filed with the Illinois Department of
2Revenue, whereupon the Department shall proceed to administer
3and enforce this subsection on behalf of the Authority as of
4the first day of the third calendar month following the date of
5filing.
6    (d) By ordinance the Authority shall, as soon as
7practicable after July 1, 1992 (the effective date of Public
8Act 87-733) this amendatory Act of 1991, impose a tax upon all
9persons engaged in the business of renting automobiles in the
10metropolitan area at the rate of 6% of the gross receipts from
11that business, except that no tax shall be imposed on the
12business of renting automobiles for use as taxicabs or in
13livery service. The tax imposed under this subsection and all
14civil penalties that may be assessed as an incident to that tax
15shall be collected and enforced by the Illinois Department of
16Revenue. The certificate of registration issued by the
17Department to a retailer under the Retailers' Occupation Tax
18Act or under the Automobile Renting Occupation and Use Tax Act
19shall permit that person to engage in a business that is
20taxable under any ordinance enacted under this subsection
21without registering separately with the Department under that
22ordinance or under this subsection. The Department shall have
23full power to administer and enforce this subsection, to
24collect all taxes and penalties due under this subsection, to
25dispose of taxes and penalties so collected in the manner
26provided in this subsection, and to determine all rights to

 

 

HB5447 Enrolled- 851 -LRB100 16294 AMC 31417 b

1credit memoranda arising on account of the erroneous payment of
2tax or penalty under this subsection. In the administration of
3and compliance with this subsection, the Department and persons
4who are subject to this subsection shall have the same rights,
5remedies, privileges, immunities, powers, and duties, be
6subject to the same conditions, restrictions, limitations,
7penalties, and definitions of terms, and employ the same modes
8of procedure as are prescribed in Sections 2 and 3 (in respect
9to all provisions of those Sections other than the State rate
10of tax; and in respect to the provisions of the Retailers'
11Occupation Tax Act referred to in those Sections, except as to
12the disposition of taxes and penalties collected, except for
13the provision allowing retailers a deduction from the tax to
14cover certain costs, and except that credit memoranda issued
15under this subsection may not be used to discharge any State
16tax liability) of the Automobile Renting Occupation and Use Tax
17Act, as fully as if provisions contained in those Sections of
18that Act were set forth in this subsection.
19    Persons subject to any tax imposed under the authority
20granted in this subsection may reimburse themselves for their
21tax liability under this subsection by separately stating that
22tax as an additional charge, which charge may be stated in
23combination, in a single amount, with State tax that sellers
24are required to collect under the Automobile Renting Occupation
25and Use Tax Act, pursuant to bracket schedules as the
26Department may prescribe.

 

 

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1    Whenever the Department determines that a refund should be
2made under this subsection to a claimant instead of issuing a
3credit memorandum, the Department shall notify the State
4Comptroller, who shall cause a warrant to be drawn for the
5amount specified and to the person named in the notification
6from the Department. The refund shall be paid by the State
7Treasurer out of the Metropolitan Pier and Exposition Authority
8trust fund held by the State Treasurer as trustee for the
9Authority.
10    Except as otherwise provided in this paragraph, the
11Department shall forthwith pay over to the State Treasurer, ex
12officio, as trustee, all taxes and penalties collected under
13this subsection for deposit into a trust fund held outside the
14State Treasury. On or before the 25th day of each calendar
15month, the Department shall certify to the Comptroller the
16amounts to be paid under subsection (g) of this Section (not
17including credit memoranda) collected under this subsection
18during the second preceding calendar month by the Department,
19less any amount determined by the Department to be necessary
20for payment of refunds, less 2% of the remainder, which the
21Department shall transfer into the Tax Compliance and
22Administration Fund. The Department, at the time of each
23monthly disbursement to the Authority, shall prepare and
24certify to the State Comptroller the amount to be transferred
25into the Tax Compliance and Administration Fund under this
26subsection. Within 10 days after receipt by the Comptroller of

 

 

HB5447 Enrolled- 853 -LRB100 16294 AMC 31417 b

1the Department's certification, the Comptroller shall cause
2the orders to be drawn for such amounts, and the Treasurer
3shall administer the amounts distributed to the Authority as
4required in subsection (g).
5    Nothing in this subsection authorizes the Authority to
6impose a tax upon the privilege of engaging in any business
7that under the Constitution of the United States may not be
8made the subject of taxation by this State.
9    A certified copy of any ordinance imposing or discontinuing
10a tax under this subsection or effecting a change in the rate
11of that tax shall be filed with the Illinois Department of
12Revenue, whereupon the Department shall proceed to administer
13and enforce this subsection on behalf of the Authority as of
14the first day of the third calendar month following the date of
15filing.
16    (e) By ordinance the Authority shall, as soon as
17practicable after July 1, 1992 (the effective date of Public
18Act 87-733) this amendatory Act of 1991, impose a tax upon the
19privilege of using in the metropolitan area an automobile that
20is rented from a rentor outside Illinois and is titled or
21registered with an agency of this State's government at a rate
22of 6% of the rental price of that automobile, except that no
23tax shall be imposed on the privilege of using automobiles
24rented for use as taxicabs or in livery service. The tax shall
25be collected from persons whose Illinois address for titling or
26registration purposes is given as being in the metropolitan

 

 

HB5447 Enrolled- 854 -LRB100 16294 AMC 31417 b

1area. The tax shall be collected by the Department of Revenue
2for the Authority. The tax must be paid to the State or an
3exemption determination must be obtained from the Department of
4Revenue before the title or certificate of registration for the
5property may be issued. The tax or proof of exemption may be
6transmitted to the Department by way of the State agency with
7which or State officer with whom the tangible personal property
8must be titled or registered if the Department and that agency
9or State officer determine that this procedure will expedite
10the processing of applications for title or registration.
11    The Department shall have full power to administer and
12enforce this subsection, to collect all taxes, penalties, and
13interest due under this subsection, to dispose of taxes,
14penalties, and interest so collected in the manner provided in
15this subsection, and to determine all rights to credit
16memoranda or refunds arising on account of the erroneous
17payment of tax, penalty, or interest under this subsection. In
18the administration of and compliance with this subsection, the
19Department and persons who are subject to this subsection shall
20have the same rights, remedies, privileges, immunities,
21powers, and duties, be subject to the same conditions,
22restrictions, limitations, penalties, and definitions of
23terms, and employ the same modes of procedure as are prescribed
24in Sections 2 and 4 (except provisions pertaining to the State
25rate of tax; and in respect to the provisions of the Use Tax
26Act referred to in that Section, except provisions concerning

 

 

HB5447 Enrolled- 855 -LRB100 16294 AMC 31417 b

1collection or refunding of the tax by retailers, except the
2provisions of Section 19 pertaining to claims by retailers,
3except the last paragraph concerning refunds, and except that
4credit memoranda issued under this subsection may not be used
5to discharge any State tax liability) of the Automobile Renting
6Occupation and Use Tax Act, as fully as if provisions contained
7in those Sections of that Act were set forth in this
8subsection.
9    Whenever the Department determines that a refund should be
10made under this subsection to a claimant instead of issuing a
11credit memorandum, the Department shall notify the State
12Comptroller, who shall cause a warrant to be drawn for the
13amount specified and to the person named in the notification
14from the Department. The refund shall be paid by the State
15Treasurer out of the Metropolitan Pier and Exposition Authority
16trust fund held by the State Treasurer as trustee for the
17Authority.
18    Except as otherwise provided in this paragraph, the
19Department shall forthwith pay over to the State Treasurer, ex
20officio, as trustee, all taxes, penalties, and interest
21collected under this subsection for deposit into a trust fund
22held outside the State Treasury. On or before the 25th day of
23each calendar month, the Department shall certify to the State
24Comptroller the amounts to be paid under subsection (g) of this
25Section, which shall be the amounts (not including credit
26memoranda) collected under this subsection during the second

 

 

HB5447 Enrolled- 856 -LRB100 16294 AMC 31417 b

1preceding calendar month by the Department, less any amounts
2determined by the Department to be necessary for payment of
3refunds, less 2% of the remainder, which the Department shall
4transfer into the Tax Compliance and Administration Fund. The
5Department, at the time of each monthly disbursement to the
6Authority, shall prepare and certify to the State Comptroller
7the amount to be transferred into the Tax Compliance and
8Administration Fund under this subsection. Within 10 days after
9receipt by the State Comptroller of the Department's
10certification, the Comptroller shall cause the orders to be
11drawn for such amounts, and the Treasurer shall administer the
12amounts distributed to the Authority as required in subsection
13(g).
14    A certified copy of any ordinance imposing or discontinuing
15a tax or effecting a change in the rate of that tax shall be
16filed with the Illinois Department of Revenue, whereupon the
17Department shall proceed to administer and enforce this
18subsection on behalf of the Authority as of the first day of
19the third calendar month following the date of filing.
20    (f) By ordinance the Authority shall, as soon as
21practicable after July 1, 1992 (the effective date of Public
22Act 87-733) this amendatory Act of 1991, impose an occupation
23tax on all persons, other than a governmental agency, engaged
24in the business of providing ground transportation for hire to
25passengers in the metropolitan area at a rate of (i) $4 per
26taxi or livery vehicle departure with passengers for hire from

 

 

HB5447 Enrolled- 857 -LRB100 16294 AMC 31417 b

1commercial service airports in the metropolitan area, (ii) for
2each departure with passengers for hire from a commercial
3service airport in the metropolitan area in a bus or van
4operated by a person other than a person described in item
5(iii): $18 per bus or van with a capacity of 1-12 passengers,
6$36 per bus or van with a capacity of 13-24 passengers, and $54
7per bus or van with a capacity of over 24 passengers, and (iii)
8for each departure with passengers for hire from a commercial
9service airport in the metropolitan area in a bus or van
10operated by a person regulated by the Interstate Commerce
11Commission or Illinois Commerce Commission, operating
12scheduled service from the airport, and charging fares on a per
13passenger basis: $2 per passenger for hire in each bus or van.
14The term "commercial service airports" means those airports
15receiving scheduled passenger service and enplaning more than
16100,000 passengers per year.
17    In the ordinance imposing the tax, the Authority may
18provide for the administration and enforcement of the tax and
19the collection of the tax from persons subject to the tax as
20the Authority determines to be necessary or practicable for the
21effective administration of the tax. The Authority may enter
22into agreements as it deems appropriate with any governmental
23agency providing for that agency to act as the Authority's
24agent to collect the tax.
25    In the ordinance imposing the tax, the Authority may
26designate a method or methods for persons subject to the tax to

 

 

HB5447 Enrolled- 858 -LRB100 16294 AMC 31417 b

1reimburse themselves for the tax liability arising under the
2ordinance (i) by separately stating the full amount of the tax
3liability as an additional charge to passengers departing the
4airports, (ii) by separately stating one-half of the tax
5liability as an additional charge to both passengers departing
6from and to passengers arriving at the airports, or (iii) by
7some other method determined by the Authority.
8    All taxes, penalties, and interest collected under any
9ordinance adopted under this subsection, less any amounts
10determined to be necessary for the payment of refunds and less
11the taxes, penalties, and interest attributable to any increase
12in the rate of tax authorized by Public Act 96-898, shall be
13paid forthwith to the State Treasurer, ex officio, for deposit
14into a trust fund held outside the State Treasury and shall be
15administered by the State Treasurer as provided in subsection
16(g) of this Section. All taxes, penalties, and interest
17attributable to any increase in the rate of tax authorized by
18Public Act 96-898 shall be paid by the State Treasurer as
19follows: 25% for deposit into the Convention Center Support
20Fund, to be used by the Village of Rosemont for the repair,
21maintenance, and improvement of the Donald E. Stephens
22Convention Center and for debt service on debt instruments
23issued for those purposes by the village and 75% to the
24Authority to be used for grants to an organization meeting the
25qualifications set out in Section 5.6 of this Act, provided the
26Metropolitan Pier and Exposition Authority has entered into a

 

 

HB5447 Enrolled- 859 -LRB100 16294 AMC 31417 b

1marketing agreement with such an organization.
2    (g) Amounts deposited from the proceeds of taxes imposed by
3the Authority under subsections (b), (c), (d), (e), and (f) of
4this Section and amounts deposited under Section 19 of the
5Illinois Sports Facilities Authority Act shall be held in a
6trust fund outside the State Treasury and, other than the
7amounts transferred into the Tax Compliance and Administration
8Fund under subsections (b), (c), (d), and (e), shall be
9administered by the Treasurer as follows:
10        (1) An amount necessary for the payment of refunds with
11    respect to those taxes shall be retained in the trust fund
12    and used for those payments.
13        (2) On July 20 and on the 20th of each month
14    thereafter, provided that the amount requested in the
15    annual certificate of the Chairman of the Authority filed
16    under Section 8.25f of the State Finance Act has been
17    appropriated for payment to the Authority, 1/8 of the local
18    tax transfer amount, together with any cumulative
19    deficiencies in the amounts transferred into the McCormick
20    Place Expansion Project Fund under this subparagraph (2)
21    during the fiscal year for which the certificate has been
22    filed, shall be transferred from the trust fund into the
23    McCormick Place Expansion Project Fund in the State
24    treasury until 100% of the local tax transfer amount has
25    been so transferred. "Local tax transfer amount" shall mean
26    the amount requested in the annual certificate, minus the

 

 

HB5447 Enrolled- 860 -LRB100 16294 AMC 31417 b

1    reduction amount. "Reduction amount" shall mean $41.7
2    million in fiscal year 2011, $36.7 million in fiscal year
3    2012, $36.7 million in fiscal year 2013, $36.7 million in
4    fiscal year 2014, and $31.7 million in each fiscal year
5    thereafter until 2032, provided that the reduction amount
6    shall be reduced by (i) the amount certified by the
7    Authority to the State Comptroller and State Treasurer
8    under Section 8.25 of the State Finance Act, as amended,
9    with respect to that fiscal year and (ii) in any fiscal
10    year in which the amounts deposited in the trust fund under
11    this Section exceed $318.3 million, exclusive of amounts
12    set aside for refunds and for the reserve account, one
13    dollar for each dollar of the deposits in the trust fund
14    above $318.3 million with respect to that year, exclusive
15    of amounts set aside for refunds and for the reserve
16    account.
17        (3) On July 20, 2010, the Comptroller shall certify to
18    the Governor, the Treasurer, and the Chairman of the
19    Authority the 2010 deficiency amount, which means the
20    cumulative amount of transfers that were due from the trust
21    fund to the McCormick Place Expansion Project Fund in
22    fiscal years 2008, 2009, and 2010 under Section 13(g) of
23    this Act, as it existed prior to May 27, 2010 (the
24    effective date of Public Act 96-898), but not made. On July
25    20, 2011 and on July 20 of each year through July 20, 2014,
26    the Treasurer shall calculate for the previous fiscal year

 

 

HB5447 Enrolled- 861 -LRB100 16294 AMC 31417 b

1    the surplus revenues in the trust fund and pay that amount
2    to the Authority. On July 20, 2015 and on July 20 of each
3    year thereafter to and including July 20, 2017, as long as
4    bonds and notes issued under Section 13.2 or bonds and
5    notes issued to refund those bonds and notes are
6    outstanding, the Treasurer shall calculate for the
7    previous fiscal year the surplus revenues in the trust fund
8    and pay one-half of that amount to the State Treasurer for
9    deposit into the General Revenue Fund until the 2010
10    deficiency amount has been paid and shall pay the balance
11    of the surplus revenues to the Authority. On July 20, 2018
12    and on July 20 of each year thereafter, the Treasurer shall
13    calculate for the previous fiscal year the surplus revenues
14    in the trust fund and pay all of such surplus revenues to
15    the State Treasurer for deposit into the General Revenue
16    Fund until the 2010 deficiency amount has been paid. After
17    the 2010 deficiency amount has been paid, the Treasurer
18    shall pay the balance of the surplus revenues to the
19    Authority. "Surplus revenues" means the amounts remaining
20    in the trust fund on June 30 of the previous fiscal year
21    (A) after the State Treasurer has set aside in the trust
22    fund (i) amounts retained for refunds under subparagraph
23    (1) and (ii) any amounts necessary to meet the reserve
24    account amount and (B) after the State Treasurer has
25    transferred from the trust fund to the General Revenue Fund
26    100% of any post-2010 deficiency amount. "Reserve account

 

 

HB5447 Enrolled- 862 -LRB100 16294 AMC 31417 b

1    amount" means $15 million in fiscal year 2011 and $30
2    million in each fiscal year thereafter. The reserve account
3    amount shall be set aside in the trust fund and used as a
4    reserve to be transferred to the McCormick Place Expansion
5    Project Fund in the event the proceeds of taxes imposed
6    under this Section 13 are not sufficient to fund the
7    transfer required in subparagraph (2). "Post-2010
8    deficiency amount" means any deficiency in transfers from
9    the trust fund to the McCormick Place Expansion Project
10    Fund with respect to fiscal years 2011 and thereafter. It
11    is the intention of this subparagraph (3) that no surplus
12    revenues shall be paid to the Authority with respect to any
13    year in which a post-2010 deficiency amount has not been
14    satisfied by the Authority.
15    Moneys received by the Authority as surplus revenues may be
16used (i) for the purposes of paying debt service on the bonds
17and notes issued by the Authority, including early redemption
18of those bonds or notes, (ii) for the purposes of repair,
19replacement, and improvement of the grounds, buildings, and
20facilities of the Authority, and (iii) for the corporate
21purposes of the Authority in fiscal years 2011 through 2015 in
22an amount not to exceed $20,000,000 annually or $80,000,000
23total, which amount shall be reduced $0.75 for each dollar of
24the receipts of the Authority in that year from any contract
25entered into with respect to naming rights at McCormick Place
26under Section 5(m) of this Act. When bonds and notes issued

 

 

HB5447 Enrolled- 863 -LRB100 16294 AMC 31417 b

1under Section 13.2, or bonds or notes issued to refund those
2bonds and notes, are no longer outstanding, the balance in the
3trust fund shall be paid to the Authority.
4    (h) The ordinances imposing the taxes authorized by this
5Section shall be repealed when bonds and notes issued under
6Section 13.2 or bonds and notes issued to refund those bonds
7and notes are no longer outstanding.
8(Source: P.A. 100-23, Article 5, Section 5-35, eff. 7-6-17;
9100-23, Article 35, Section 35-25, eff. 7-6-17; revised
108-15-17.)
 
11    Section 265. The Local Mass Transit District Act is amended
12by changing Section 8 as follows:
 
13    (70 ILCS 3610/8)  (from Ch. 111 2/3, par. 358)
14    Sec. 8. Every District shall be subject to the provisions
15of the Public Utilities Act "An Act concerning public
16utilities", approved June 29, 1921, as heretofore and hereafter
17amended.
18(Source: Laws 1959, p. 1635; revised 10-3-17.)
 
19    Section 270. The Regional Transportation Authority Act is
20amended by changing Sections 2.02, 2.06, and 2.21 as follows:
 
21    (70 ILCS 3615/2.02)  (from Ch. 111 2/3, par. 702.02)
22    Sec. 2.02. Purchase of service contracts; grants Service

 

 

HB5447 Enrolled- 864 -LRB100 16294 AMC 31417 b

1Contracts - Grants.
2    (a) The Service Boards may purchase public transportation
3from transportation agencies upon such terms and conditions as
4may be set forth in purchase of service agreements between the
5Service Boards and the transportation agencies.
6    (b) Grants may be made either by: (i) the Authority to a
7Service Board; or (ii) a Service Board to either a
8transportation agency or another Service Board, all for
9operating and other expenses, or for developing or planning
10public transportation or for constructing or acquiring public
11transportation facilities, all upon such terms and conditions
12as that Service Board or the Authority shall prescribe or as
13that Service Board and the Authority or that Service Board and
14the transportation agency shall agree in any grant contract.
15    (c) The Board shall adopt, to the extent it determines
16feasible, guidelines setting forth uniform standards for the
17making of grants and purchase of service agreements. Such grant
18contracts contacts or purchase of service agreements may be for
19such number of years or duration as the parties shall agree.
20    Any purchase of service agreement with a transportation
21agency which is not a public body shall be upon terms and
22conditions which will allow the transportation agency to
23receive for the public transportation provided pursuant to the
24agreement net income, after reasonable deductions for
25depreciation and other proper and necessary reserves, equal to
26an amount which is a reasonable return upon the value of such

 

 

HB5447 Enrolled- 865 -LRB100 16294 AMC 31417 b

1portion of the transportation agency's property as is used and
2useful in rendering such transportation service. This
3paragraph shall be construed in a manner consistent with the
4principles applicable to such a transportation agency in rate
5proceedings under the Public Utilities Act "An Act concerning
6public utilities", approved June 29, 1921, as now or hereafter
7amended. This paragraph shall not be construed to provide for
8the funding of reserves or guarantee that such a transportation
9agency shall in fact receive any return. A Service Board shall,
10within 180 days after receiving a written request from a
11transportation agency which is not a public body, tender and
12offer to enter into with such transportation agency a purchase
13of service agreement that is in conformity with this Act and
14that covers the public transportation services by rail (other
15than experimental or demonstration services) which such agency
16is providing at the time of such request and which services
17either were in operation for at least one year immediately
18preceding the effective date of this Act or were in operation
19pursuant to a purchase of service or grant agreement with the
20Authority or Service Board. No such tender by a Service Board
21need be made before April 1, 1975. The first purchase of
22service agreement so requested shall not, unless the parties
23agree otherwise, become effective prior to June 30, 1975. If,
24following such a request and tender, a Service Board and the
25transportation agency do not agree upon the amount of
26compensation to be provided to the agency by the Service Board

 

 

HB5447 Enrolled- 866 -LRB100 16294 AMC 31417 b

1under the purchase of service agreement or fares and charges
2under the purchase of service agreement, either of them may
3submit such unresolved issues to the Illinois Commerce
4Commission for determination. The Commission shall determine
5the unresolved issues in conformity with this Act. The
6Commission's determination shall be set forth in writing,
7together with such terms as are agreed by the parties and any
8other unresolved terms as tendered by the Service Board, in a
9single document which shall constitute the entire purchase of
10service agreement between the Service Board and the
11transportation agency, which agreement, in the absence of
12contrary agreement by the parties, shall be for a term of 3
13years effective as of July 1, 1975, or, if the agreement is
14requested to succeed a currently effective or recently expired
15purchase of service agreement between the parties, as of the
16date of such expiration. The decision of the Commission shall
17be binding upon the Service Board and the transportation
18agency, subject to judicial review as provided in the Public
19Utilities Act "An Act concerning public utilities", as approved
20June 29, 1921, as now or hereafter amended, but the parties may
21at any time mutually amend or terminate a purchase of service
22agreement. Prompt settlement between the parties shall be made
23of any sums owing under the terms of the purchase of service
24agreement so established for public transportation services
25performed on and after the effective date of any such
26agreement. If the Authority reduces the amount of operating

 

 

HB5447 Enrolled- 867 -LRB100 16294 AMC 31417 b

1subsidy available to a Service Board under the provisions of
2Section 4.09 or Section 4.11, the Service Board shall, from
3those funds available to it under Section 4.02, first discharge
4its financial obligations under the terms of a purchase of
5service contract to any transportation agency which is not a
6public body, unless such transportation agency has failed to
7take any action requested by the Service Board, which under the
8terms of the purchase of service contract the Service Board can
9require the transportation agency to take, which would have the
10effect of reducing the financial obligation of the Service
11Board to the transportation agency. The provisions of this
12paragraph (c) shall not preclude a Service Board and a
13transportation agency from otherwise entering into a purchase
14of service or grant agreement in conformity with this Act or an
15agreement for the Authority or a Service Board to purchase or a
16Service Board to operate that agency's public transportation
17facilities, and shall not limit the exercise of the right of
18eminent domain by the Authority pursuant to this Act.
19    (d) Any transportation agency providing public
20transportation pursuant to a purchase of service or grant
21agreement with the Authority or a Service Board shall be
22subject to the "Illinois Human Rights Act", as now or hereafter
23amended, and the remedies and procedures established
24thereunder. Such agency shall file an affirmative action
25program for employment by it with regard to public
26transportation so provided with the Department of Human Rights

 

 

HB5447 Enrolled- 868 -LRB100 16294 AMC 31417 b

1within one year of the purchase of service or grant agreement,
2to ensure that applicants are employed and that employees are
3treated during employment, without unlawful discrimination.
4Such affirmative action program shall include provisions
5relating to hiring, upgrading, demotion, transfer,
6recruitment, recruitment advertising, selection for training
7and rates of pay or other forms of compensation. No unlawful
8discrimination as defined and prohibited in the Illinois Human
9Rights Act in any such employment shall be made in any term or
10aspect of employment and discrimination based upon political
11reasons or factors shall be prohibited.
12    (e) A Service Board, subject to the provisions of paragraph
13(c) of this Section, may not discriminate against a
14transportation agency with which it has a purchase of service
15contract or grant agreement in any condition affecting the
16operation of the public transportation facility including the
17level of subsidy provided, the quality or standard of public
18transportation to be provided or in meeting the financial
19obligations to transportation agencies under the terms of a
20purchase of service or grant contract. Any transportation
21agency that believes that a Service Board is discriminating
22against it may, after attempting to resolve the alleged
23discrimination by meeting with the Service Board with which it
24has a purchase of service or grant contract, appeal to the
25Authority. The Board shall name 3 of its members, other than a
26member of the board of the concerned Service Board, to serve as

 

 

HB5447 Enrolled- 869 -LRB100 16294 AMC 31417 b

1a panel to arbitrate the dispute. The panel shall render a
2recommended decision to the Board which shall be binding on the
3Service Board and the transportation agency if adopted by the
4Board. The panel may not require the Service Board to take any
5action which would increase the operating budget of the Service
6Board. The decision of the Board shall be enforceable in a
7court of general jurisdiction.
8(Source: P.A. 83-885; 83-886; revised 10-3-17.)
 
9    (70 ILCS 3615/2.06)  (from Ch. 111 2/3, par. 702.06)
10    Sec. 2.06. Use of streets and roads; relationship Streets
11and Roads - Relationship with Illinois Commerce Commission.
12    (a) The Authority may for the benefit of a Service Board,
13by ordinance, provide for special lanes for exclusive or
14special use by public transportation vehicles with regard to
15any roads, streets, ways, highways, bridges, toll highways or
16toll bridges in the metropolitan region, notwithstanding any
17governmental statute, ordinance or regulation to the contrary.
18    (b) The Authority, for the benefit of a Service Board,
19shall have the power to use and, by ordinance, to authorize any
20Service Board or transportation agency to use without any
21franchise, charge, permit or license any public road, street,
22way, highway, bridge, toll highway or toll bridge within the
23metropolitan region for the provision of public
24transportation. Transportation agencies which have purchase of
25service agreements with a Service Board as to any public

 

 

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1transportation shall not as to any aspect of such public
2transportation be subject to any supervision, licensing or
3regulation imposed by any unit of local government in the
4metropolitan region, except as may be specifically authorized
5by the Authority and except for regular police supervision of
6vehicular traffic.
7    (c) The Authority shall not be subject to the Public
8Utilities Act "An Act concerning public utilities", approved
9June 29, 1921, as now or hereafter amended. Transportation
10agencies which have any purchase of service agreement with a
11Service Board shall not be subject to that Act as to any public
12transportation which is the subject of such agreement. No
13contract or agreement entered into by any transportation agency
14with a Service Board shall be subject to approval of or
15regulation by the Illinois Commerce Commission. If a Service
16Board shall determine that any particular public
17transportation service provided by a transportation agency
18with which the Service Board has a purchase of service
19agreement is not necessary for the public interest and shall,
20for that reason, decline to enter into any purchase of service
21agreement for such particular service, then the Service Board
22shall have no obligation pursuant to Section 2.02(c) to offer
23or make a purchase of service agreement with respect to that
24particular service and the transportation agency may
25discontinue the particular service. Such discontinuation shall
26not be subject to the approval of or regulation by the Illinois

 

 

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1Commerce Commission. The acquisition by the Authority by
2eminent domain of any property, from any transportation agency,
3shall not be subject to the approval of or regulation by the
4Illinois Commerce Commission, provided, however, that the
5requirement in Section 7-102 of the Code of Civil Procedure, as
6amended, requiring in certain instances prior approval of the
7Illinois Commerce Commission for taking or damaging of property
8of railroads or other public utilities shall continue to apply
9as to any taking or damaging by the Authority of any real
10property of such a railroad not used for public transportation
11or of any real property of such other public utility.
12(Source: P.A. 83-885; 83-886; revised 10-3-17.)
 
13    (70 ILCS 3615/2.21)  (from Ch. 111 2/3, par. 702.21)
14    Sec. 2.21. (a) The Authority or the Commuter Rail Board may
15not in the exercise of its powers to provide effective public
16transportation as provided by this Act:
17        (i) require or authorize the operation of, or operate
18    or acquire by eminent domain or otherwise, any public
19    transportation facility or service on terms or in a manner
20    which unreasonably interferes with the ability of a
21    railroad to provide efficient freight or inter-city
22    passenger service. This subparagraph shall not bar the
23    Authority from acquiring title to any property pursuant to
24    Section 2.13 in a manner consistent with this subparagraph.
25        (ii) obtain by eminent domain any interest in any right

 

 

HB5447 Enrolled- 872 -LRB100 16294 AMC 31417 b

1    of way or any other real property of a railroad which is
2    not a public body in excess of the interest to be used for
3    public transportation as provided in this Act.
4        (iii) prohibit the operation of public transportation
5    by a private carrier that does not receive a grant or
6    purchase of service contract from the Authority or a
7    Service Board.
8    (b) If in connection with any construction, acquisition, or
9other activity undertaken by or for the Authority or a Service
10Board, or pursuant to any purchase of service or grant
11agreement with the Authority or a Service Board, any facility
12of a public utility (as defined in the Public Utilities Act "An
13Act concerning public utilities", approved June 29, 1921, as
14amended), is removed or relocated from its then-existing site
15all costs and expenses of such relocation or removal, including
16the cost of installing such facilities in a new location or
17locations, and the cost of any land or lands, or interest in
18land, or any rights required to accomplish such relocation or
19removal, shall be paid by the Authority or a Service Board. If
20any such facilities are so relocated onto the properties of the
21Authority or the Service Board or onto properties made
22available for that purpose by the Authority or the Service
23Board, there shall be no rent, fee, or other charge of any kind
24imposed upon the public utility owning or operating such
25facilities in excess of that imposed prior to such relocation
26and such public utility, and its successors and assigns, shall

 

 

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1be granted the right to operate such facilities in the new
2location or locations for as long a period and upon the same
3terms and conditions as it had the right to maintain and
4operate such facilities in their former location. Nothing in
5this paragraph (b) shall prevent the Authority or the Service
6Board and a transportation agency from agreeing in a purchase
7of service agreement or otherwise to make different
8arrangements for such relocations or the costs thereof.
9(Source: P.A. 83-885; 83-886; revised 10-3-17.)
 
10    Section 275. The Water Commission Act of 1985 is amended by
11changing Section 4 as follows:
 
12    (70 ILCS 3720/4)  (from Ch. 111 2/3, par. 254)
13    Sec. 4. Taxes.
14    (a) The board of commissioners of any county water
15commission may, by ordinance, impose throughout the territory
16of the commission any or all of the taxes provided in this
17Section for its corporate purposes. However, no county water
18commission may impose any such tax unless the commission
19certifies the proposition of imposing the tax to the proper
20election officials, who shall submit the proposition to the
21voters residing in the territory at an election in accordance
22with the general election law, and the proposition has been
23approved by a majority of those voting on the proposition.
24    The proposition shall be in the form provided in Section 5

 

 

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1or shall be substantially in the following form:
2-------------------------------------------------------------
3    Shall the (insert corporate
4name of county water commission)           YES
5impose (state type of tax or         ------------------------
6taxes to be imposed) at the                NO
7rate of 1/4%?
8-------------------------------------------------------------
9    Taxes imposed under this Section and civil penalties
10imposed incident thereto shall be collected and enforced by the
11State Department of Revenue. The Department shall have the
12power to administer and enforce the taxes and to determine all
13rights for refunds for erroneous payments of the taxes.
14    (b) The board of commissioners may impose a County Water
15Commission Retailers' Occupation Tax upon all persons engaged
16in the business of selling tangible personal property at retail
17in the territory of the commission at a rate of 1/4% of the
18gross receipts from the sales made in the course of such
19business within the territory. The tax imposed under this
20paragraph and all civil penalties that may be assessed as an
21incident thereof shall be collected and enforced by the State
22Department of Revenue. The Department shall have full power to
23administer and enforce this paragraph; to collect all taxes and
24penalties due hereunder; to dispose of taxes and penalties so
25collected in the manner hereinafter provided; and to determine
26all rights to credit memoranda arising on account of the

 

 

HB5447 Enrolled- 875 -LRB100 16294 AMC 31417 b

1erroneous payment of tax or penalty hereunder. In the
2administration of, and compliance with, this paragraph, the
3Department and persons who are subject to this paragraph shall
4have the same rights, remedies, privileges, immunities, powers
5and duties, and be subject to the same conditions,
6restrictions, limitations, penalties, exclusions, exemptions
7and definitions of terms, and employ the same modes of
8procedure, as are prescribed in Sections 1, 1a, 1a-1, 1c, 1d,
91e, 1f, 1i, 1j, 2 through 2-65 (in respect to all provisions
10therein other than the State rate of tax except that food for
11human consumption that is to be consumed off the premises where
12it is sold (other than alcoholic beverages, soft drinks, and
13food that has been prepared for immediate consumption) and
14prescription and nonprescription medicine, drugs, medical
15appliances and insulin, urine testing materials, syringes, and
16needles used by diabetics, for human use, shall not be subject
17to tax hereunder), 2c, 3 (except as to the disposition of taxes
18and penalties collected), 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h,
195i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d, 7, 8, 9, 10, 11, 12, and 13
20of the Retailers' Occupation Tax Act and Section 3-7 of the
21Uniform Penalty and Interest Act, as fully as if those
22provisions were set forth herein.
23    Persons subject to any tax imposed under the authority
24granted in this paragraph may reimburse themselves for their
25seller's tax liability hereunder by separately stating the tax
26as an additional charge, which charge may be stated in

 

 

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1combination, in a single amount, with State taxes that sellers
2are required to collect under the Use Tax Act and under
3subsection (e) of Section 4.03 of the Regional Transportation
4Authority Act, in accordance with such bracket schedules as the
5Department may prescribe.
6    Whenever the Department determines that a refund should be
7made under this paragraph to a claimant instead of issuing a
8credit memorandum, the Department shall notify the State
9Comptroller, who shall cause the warrant to be drawn for the
10amount specified, and to the person named, in the notification
11from the Department. The refund shall be paid by the State
12Treasurer out of a county water commission tax fund established
13under subsection paragraph (g) of this Section.
14    For the purpose of determining whether a tax authorized
15under this paragraph is applicable, a retail sale by a producer
16of coal or other mineral mined in Illinois is a sale at retail
17at the place where the coal or other mineral mined in Illinois
18is extracted from the earth. This paragraph does not apply to
19coal or other mineral when it is delivered or shipped by the
20seller to the purchaser at a point outside Illinois so that the
21sale is exempt under the Federal Constitution as a sale in
22interstate or foreign commerce.
23    If a tax is imposed under this subsection (b), a tax shall
24also be imposed under subsections (c) and (d) of this Section.
25    No tax shall be imposed or collected under this subsection
26on the sale of a motor vehicle in this State to a resident of

 

 

HB5447 Enrolled- 877 -LRB100 16294 AMC 31417 b

1another state if that motor vehicle will not be titled in this
2State.
3    Nothing in this paragraph shall be construed to authorize a
4county water commission to impose a tax upon the privilege of
5engaging in any business which under the Constitution of the
6United States may not be made the subject of taxation by this
7State.
8    (c) If a tax has been imposed under subsection (b), a
9County Water Commission Service Occupation Tax shall also be
10imposed upon all persons engaged, in the territory of the
11commission, in the business of making sales of service, who, as
12an incident to making the sales of service, transfer tangible
13personal property within the territory. The tax rate shall be
141/4% of the selling price of tangible personal property so
15transferred within the territory. The tax imposed under this
16paragraph and all civil penalties that may be assessed as an
17incident thereof shall be collected and enforced by the State
18Department of Revenue. The Department shall have full power to
19administer and enforce this paragraph; to collect all taxes and
20penalties due hereunder; to dispose of taxes and penalties so
21collected in the manner hereinafter provided; and to determine
22all rights to credit memoranda arising on account of the
23erroneous payment of tax or penalty hereunder. In the
24administration of, and compliance with, this paragraph, the
25Department and persons who are subject to this paragraph shall
26have the same rights, remedies, privileges, immunities, powers

 

 

HB5447 Enrolled- 878 -LRB100 16294 AMC 31417 b

1and duties, and be subject to the same conditions,
2restrictions, limitations, penalties, exclusions, exemptions
3and definitions of terms, and employ the same modes of
4procedure, as are prescribed in Sections 1a-1, 2 (except that
5the reference to State in the definition of supplier
6maintaining a place of business in this State shall mean the
7territory of the commission), 2a, 3 through 3-50 (in respect to
8all provisions therein other than the State rate of tax except
9that food for human consumption that is to be consumed off the
10premises where it is sold (other than alcoholic beverages, soft
11drinks, and food that has been prepared for immediate
12consumption) and prescription and nonprescription medicines,
13drugs, medical appliances and insulin, urine testing
14materials, syringes, and needles used by diabetics, for human
15use, shall not be subject to tax hereunder), 4 (except that the
16reference to the State shall be to the territory of the
17commission), 5, 7, 8 (except that the jurisdiction to which the
18tax shall be a debt to the extent indicated in that Section 8
19shall be the commission), 9 (except as to the disposition of
20taxes and penalties collected and except that the returned
21merchandise credit for this tax may not be taken against any
22State tax), 10, 11, 12 (except the reference therein to Section
232b of the Retailers' Occupation Tax Act), 13 (except that any
24reference to the State shall mean the territory of the
25commission), the first paragraph of Section 15, 15.5, 16, 17,
2618, 19, and 20 of the Service Occupation Tax Act as fully as if

 

 

HB5447 Enrolled- 879 -LRB100 16294 AMC 31417 b

1those provisions were set forth herein.
2    Persons subject to any tax imposed under the authority
3granted in this paragraph may reimburse themselves for their
4serviceman's tax liability hereunder by separately stating the
5tax as an additional charge, which charge may be stated in
6combination, in a single amount, with State tax that servicemen
7are authorized to collect under the Service Use Tax Act, and
8any tax for which servicemen may be liable under subsection (f)
9of Section 4.03 of the Regional Transportation Authority Act,
10in accordance with such bracket schedules as the Department may
11prescribe.
12    Whenever the Department determines that a refund should be
13made under this paragraph to a claimant instead of issuing a
14credit memorandum, the Department shall notify the State
15Comptroller, who shall cause the warrant to be drawn for the
16amount specified, and to the person named, in the notification
17from the Department. The refund shall be paid by the State
18Treasurer out of a county water commission tax fund established
19under subsection paragraph (g) of this Section.
20    Nothing in this paragraph shall be construed to authorize a
21county water commission to impose a tax upon the privilege of
22engaging in any business which under the Constitution of the
23United States may not be made the subject of taxation by the
24State.
25    (d) If a tax has been imposed under subsection (b), a tax
26shall also be imposed upon the privilege of using, in the

 

 

HB5447 Enrolled- 880 -LRB100 16294 AMC 31417 b

1territory of the commission, any item of tangible personal
2property that is purchased outside the territory at retail from
3a retailer, and that is titled or registered with an agency of
4this State's government, at a rate of 1/4% of the selling price
5of the tangible personal property within the territory, as
6"selling price" is defined in the Use Tax Act. The tax shall be
7collected from persons whose Illinois address for titling or
8registration purposes is given as being in the territory. The
9tax shall be collected by the Department of Revenue for a
10county water commission. The tax must be paid to the State, or
11an exemption determination must be obtained from the Department
12of Revenue, before the title or certificate of registration for
13the property may be issued. The tax or proof of exemption may
14be transmitted to the Department by way of the State agency
15with which, or the State officer with whom, the tangible
16personal property must be titled or registered if the
17Department and the State agency or State officer determine that
18this procedure will expedite the processing of applications for
19title or registration.
20    The Department shall have full power to administer and
21enforce this paragraph; to collect all taxes, penalties, and
22interest due hereunder; to dispose of taxes, penalties, and
23interest so collected in the manner hereinafter provided; and
24to determine all rights to credit memoranda or refunds arising
25on account of the erroneous payment of tax, penalty, or
26interest hereunder. In the administration of, and compliance

 

 

HB5447 Enrolled- 881 -LRB100 16294 AMC 31417 b

1with this paragraph, the Department and persons who are subject
2to this paragraph shall have the same rights, remedies,
3privileges, immunities, powers, and duties, and be subject to
4the same conditions, restrictions, limitations, penalties,
5exclusions, exemptions, and definitions of terms and employ the
6same modes of procedure, as are prescribed in Sections 2
7(except the definition of "retailer maintaining a place of
8business in this State"), 3 through 3-80 (except provisions
9pertaining to the State rate of tax, and except provisions
10concerning collection or refunding of the tax by retailers, and
11except that food for human consumption that is to be consumed
12off the premises where it is sold (other than alcoholic
13beverages, soft drinks, and food that has been prepared for
14immediate consumption) and prescription and nonprescription
15medicines, drugs, medical appliances and insulin, urine
16testing materials, syringes, and needles used by diabetics, for
17human use, shall not be subject to tax hereunder), 4, 11, 12,
1812a, 14, 15, 19 (except the portions pertaining to claims by
19retailers and except the last paragraph concerning refunds),
2020, 21, and 22 of the Use Tax Act and Section 3-7 of the Uniform
21Penalty and Interest Act that are not inconsistent with this
22paragraph, as fully as if those provisions were set forth
23herein.
24    Whenever the Department determines that a refund should be
25made under this paragraph to a claimant instead of issuing a
26credit memorandum, the Department shall notify the State

 

 

HB5447 Enrolled- 882 -LRB100 16294 AMC 31417 b

1Comptroller, who shall cause the order to be drawn for the
2amount specified, and to the person named, in the notification
3from the Department. The refund shall be paid by the State
4Treasurer out of a county water commission tax fund established
5under subsection paragraph (g) of this Section.
6    (e) A certificate of registration issued by the State
7Department of Revenue to a retailer under the Retailers'
8Occupation Tax Act or under the Service Occupation Tax Act
9shall permit the registrant to engage in a business that is
10taxed under the tax imposed under subsection paragraphs (b),
11(c), or (d) of this Section and no additional registration
12shall be required under the tax. A certificate issued under the
13Use Tax Act or the Service Use Tax Act shall be applicable with
14regard to any tax imposed under subsection paragraph (c) of
15this Section.
16    (f) Any ordinance imposing or discontinuing any tax under
17this Section shall be adopted and a certified copy thereof
18filed with the Department on or before June 1, whereupon the
19Department of Revenue shall proceed to administer and enforce
20this Section on behalf of the county water commission as of
21September 1 next following the adoption and filing. Beginning
22January 1, 1992, an ordinance or resolution imposing or
23discontinuing the tax hereunder shall be adopted and a
24certified copy thereof filed with the Department on or before
25the first day of July, whereupon the Department shall proceed
26to administer and enforce this Section as of the first day of

 

 

HB5447 Enrolled- 883 -LRB100 16294 AMC 31417 b

1October next following such adoption and filing. Beginning
2January 1, 1993, an ordinance or resolution imposing or
3discontinuing the tax hereunder shall be adopted and a
4certified copy thereof filed with the Department on or before
5the first day of October, whereupon the Department shall
6proceed to administer and enforce this Section as of the first
7day of January next following such adoption and filing.
8    (g) The State Department of Revenue shall, upon collecting
9any taxes as provided in this Section, pay the taxes over to
10the State Treasurer as trustee for the commission. The taxes
11shall be held in a trust fund outside the State Treasury.
12    As soon as possible after the first day of each month,
13beginning January 1, 2011, upon certification of the Department
14of Revenue, the Comptroller shall order transferred, and the
15Treasurer shall transfer, to the STAR Bonds Revenue Fund the
16local sales tax increment, as defined in the Innovation
17Development and Economy Act, collected under this Section
18during the second preceding calendar month for sales within a
19STAR bond district.
20    After the monthly transfer to the STAR Bonds Revenue Fund,
21on or before the 25th day of each calendar month, the State
22Department of Revenue shall prepare and certify to the
23Comptroller of the State of Illinois the amount to be paid to
24the commission, which shall be the amount (not including credit
25memoranda) collected under this Section during the second
26preceding calendar month by the Department plus an amount the

 

 

HB5447 Enrolled- 884 -LRB100 16294 AMC 31417 b

1Department determines is necessary to offset any amounts that
2were erroneously paid to a different taxing body, and not
3including any amount equal to the amount of refunds made during
4the second preceding calendar month by the Department on behalf
5of the commission, and not including any amount that the
6Department determines is necessary to offset any amounts that
7were payable to a different taxing body but were erroneously
8paid to the commission, and less any amounts that are
9transferred to the STAR Bonds Revenue Fund, less 2% of the
10remainder, which shall be transferred into the Tax Compliance
11and Administration Fund. The Department, at the time of each
12monthly disbursement to the commission, shall prepare and
13certify to the State Comptroller the amount to be transferred
14into the Tax Compliance and Administration Fund under this
15subsection. Within 10 days after receipt by the Comptroller of
16the certification of the amount to be paid to the commission
17and the Tax Compliance and Administration Fund, the Comptroller
18shall cause an order to be drawn for the payment for the amount
19in accordance with the direction in the certification.
20    (h) Beginning June 1, 2016, any tax imposed pursuant to
21this Section may no longer be imposed or collected, unless a
22continuation of the tax is approved by the voters at a
23referendum as set forth in this Section.
24(Source: P.A. 99-217, eff. 7-31-15; 99-642, eff. 7-28-16;
25100-23, eff. 7-6-17; revised 10-3-17.)
 

 

 

HB5447 Enrolled- 885 -LRB100 16294 AMC 31417 b

1    Section 280. The School Code is amended by changing
2Sections 2-3.64a-5, 2-3.162, 3-14.23, 10-17a, 10-22.3f,
310-22.6, 14-8.02, 14-8.02a, 14-13.01, 17-2A, 18-8.05, 18-12,
419-1, 21B-20, 21B-25, 21B-30, 21B-45, 22-80, 26-1, 27-8.1,
527A-5, 29-5, and 32-7.3 and by setting forth and renumbering
6multiple versions of Sections 2-3.170, 10-20.60, and 34-18.53
7as follows:
 
8    (105 ILCS 5/2-3.64a-5)
9    Sec. 2-3.64a-5. State goals and assessment.
10    (a) For the assessment and accountability purposes of this
11Section, "students" includes those students enrolled in a
12public or State-operated elementary school, secondary school,
13or cooperative or joint agreement with a governing body or
14board of control, a charter school operating in compliance with
15the Charter Schools Law, a school operated by a regional office
16of education under Section 13A-3 of this Code, or a public
17school administered by a local public agency or the Department
18of Human Services.
19    (b) The State Board of Education shall establish the
20academic standards that are to be applicable to students who
21are subject to State assessments under this Section. The State
22Board of Education shall not establish any such standards in
23final form without first providing opportunities for public
24participation and local input in the development of the final
25academic standards. Those opportunities shall include a

 

 

HB5447 Enrolled- 886 -LRB100 16294 AMC 31417 b

1well-publicized period of public comment and opportunities to
2file written comments.
3    (c) Beginning no later than the 2014-2015 school year, the
4State Board of Education shall annually assess all students
5enrolled in grades 3 through 8 in English language arts and
6mathematics.
7    Beginning no later than the 2017-2018 school year, the
8State Board of Education shall annually assess all students in
9science at one grade in grades 3 through 5, at one grade in
10grades 6 through 8, and at one grade in grades 9 through 12.
11    The State Board of Education shall annually assess schools
12that operate a secondary education program, as defined in
13Section 22-22 of this Code, in English language arts and
14mathematics. The State Board of Education shall administer no
15more than 3 assessments, per student, of English language arts
16and mathematics for students in a secondary education program.
17One of these assessments shall include a college and career
18ready determination that shall be accepted by this State's
19public institutions of higher education, as defined in the
20Board of Higher Education Act, for the purpose of student
21application or admissions consideration. The assessment
22administered by the State Board of Education for the purpose of
23student application to or admissions consideration by
24institutions of higher education must be administered on a
25school day during regular student attendance hours.
26    Students who are not assessed for college and career ready

 

 

HB5447 Enrolled- 887 -LRB100 16294 AMC 31417 b

1determinations may not receive a regular high school diploma
2unless the student is exempted from taking State assessments
3under subsection (d) of this Section because (i) the student's
4individualized educational program developed under Article 14
5of this Code identifies the State assessment as inappropriate
6for the student, (ii) the student is enrolled in a program of
7adult and continuing education, as defined in the Adult
8Education Act, (iii) the school district is not required to
9assess the individual student for purposes of accountability
10under federal No Child Left Behind Act of 2001 requirements,
11(iv) the student has been determined to be an English learner
12and has been enrolled in schools in the United States for less
13than 12 months, or (v) the student is otherwise identified by
14the State Board of Education, through rules, as being exempt
15from the assessment.
16    The State Board of Education shall not assess students
17under this Section in subjects not required by this Section.
18    Districts shall inform their students of the timelines and
19procedures applicable to their participation in every yearly
20administration of the State assessments. The State Board of
21Education shall establish periods of time in each school year
22during which State assessments shall occur to meet the
23objectives of this Section.
24    (d) Every individualized educational program as described
25in Article 14 shall identify if the State assessment or
26components thereof are appropriate for the student. The State

 

 

HB5447 Enrolled- 888 -LRB100 16294 AMC 31417 b

1Board of Education shall develop rules governing the
2administration of an alternate assessment that may be available
3to students for whom participation in this State's regular
4assessments is not appropriate, even with accommodations as
5allowed under this Section.
6    Students receiving special education services whose
7individualized educational programs identify them as eligible
8for the alternative State assessments nevertheless shall have
9the option of taking this State's regular assessment that
10includes a college and career ready determination, which shall
11be administered in accordance with the eligible accommodations
12appropriate for meeting these students' respective needs.
13    All students determined to be English learners shall
14participate in the State assessments, excepting those students
15who have been enrolled in schools in the United States for less
16than 12 months. Such students may be exempted from
17participation in one annual administration of the English
18language arts assessment. Any student determined to be an
19English learner shall receive appropriate assessment
20accommodations, including language supports, which shall be
21established by rule. Approved assessment accommodations must
22be provided until the student's English language skills develop
23to the extent that the student is no longer considered to be an
24English learner, as demonstrated through a State-identified
25English language proficiency assessment.
26    (e) The results or scores of each assessment taken under

 

 

HB5447 Enrolled- 889 -LRB100 16294 AMC 31417 b

1this Section shall be made available to the parents of each
2student.
3    In each school year, the scores attained by a student on
4the State assessment that includes a college and career ready
5determination must be placed in the student's permanent record
6pursuant to rules that the State Board of Education shall adopt
7for that purpose in accordance with Section 3 of the Illinois
8School Student Records Act. In each school year, the scores
9attained by a student on the State assessments administered in
10grades 3 through 8 must be placed in the student's temporary
11record.
12    (f) All schools shall administer an academic assessment of
13English language proficiency in oral language (listening and
14speaking) and reading and writing skills to all children
15determined to be English learners.
16    (g) All schools in this State that are part of the sample
17drawn by the National Center for Education Statistics, in
18collaboration with their school districts and the State Board
19of Education, shall administer the biennial academic
20assessments under the National Assessment of Educational
21Progress carried out under Section 411(b)(2) of the federal
22National Education Statistics Act of 1994 (20 U.S.C. 9010) if
23the U.S. Secretary of Education pays the costs of administering
24the assessments.
25    (h) Subject to available funds to this State for the
26purpose of student assessment, the State Board of Education

 

 

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1shall provide additional assessments and assessment resources
2that may be used by school districts for local assessment
3purposes. The State Board of Education shall annually
4distribute a listing of these additional resources.
5    (i) For the purposes of this subsection (i), "academically
6based assessments" means assessments consisting of questions
7and answers that are measurable and quantifiable to measure the
8knowledge, skills, and ability of students in the subject
9matters covered by the assessments. All assessments
10administered pursuant to this Section must be academically
11based assessments. The scoring of academically based
12assessments shall be reliable, valid, and fair and shall meet
13the guidelines for assessment development and use prescribed by
14the American Psychological Association, the National Council
15on Measurement in Education, and the American Educational
16Research Association.
17    The State Board of Education shall review the use of all
18assessment item types in order to ensure that they are valid
19and reliable indicators of student performance aligned to the
20learning standards being assessed and that the development,
21administration, and scoring of these item types are justifiable
22in terms of cost.
23    (j) The State Superintendent of Education shall appoint a
24committee of no more than 21 members, consisting of parents,
25teachers, school administrators, school board members,
26assessment experts, regional superintendents of schools, and

 

 

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1citizens, to review the State assessments administered by the
2State Board of Education. The Committee shall select one of its
3members as its chairperson. The Committee shall meet on an
4ongoing basis to review the content and design of the
5assessments (including whether the requirements of subsection
6(i) of this Section have been met), the time and money expended
7at the local and State levels to prepare for and administer the
8assessments, the collective results of the assessments as
9measured against the stated purpose of assessing student
10performance, and other issues involving the assessments
11identified by the Committee. The Committee shall make periodic
12recommendations to the State Superintendent of Education and
13the General Assembly concerning the assessments.
14    (k) The State Board of Education may adopt rules to
15implement this Section.
16(Source: P.A. 99-30, eff. 7-10-15; 99-185, eff. 1-1-16; 99-642,
17eff. 7-28-16; 100-7, eff. 7-1-17; 100-222, eff. 8-18-17;
18revised 9-22-17.)
 
19    (105 ILCS 5/2-3.162)
20    Sec. 2-3.162. Student discipline report; school discipline
21improvement plan.
22    (a) On or before October 31, 2015 and on or before October
2331 of each subsequent year, the State Board of Education,
24through the State Superintendent of Education, shall prepare a
25report on student discipline in all school districts in this

 

 

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1State, including State-authorized charter schools. This report
2shall include data from all public schools within school
3districts, including district-authorized charter schools. This
4report must be posted on the Internet website of the State
5Board of Education. The report shall include data on the
6issuance of out-of-school suspensions, expulsions, and
7removals to alternative settings in lieu of another
8disciplinary action, disaggregated by race and ethnicity,
9gender, age, grade level, whether a student is an English
10learner, incident type, and discipline duration.
11    (b) The State Board of Education shall analyze the data
12under subsection (a) of this Section on an annual basis and
13determine the top 20% of school districts for the following
14metrics:
15        (1) Total number of out-of-school suspensions divided
16    by the total district enrollment by the last school day in
17    September for the year in which the data was collected,
18    multiplied by 100.
19        (2) Total number of out-of-school expulsions divided
20    by the total district enrollment by the last school day in
21    September for the year in which the data was collected,
22    multiplied by 100.
23        (3) Racial disproportionality, defined as the
24    overrepresentation of students of color or white students
25    in comparison to the total number of students of color or
26    white students on October 1st of the school year in which

 

 

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1    data are collected, with respect to the use of
2    out-of-school suspensions and expulsions, which must be
3    calculated using the same method as the U.S. Department of
4    Education's Office for Civil Rights uses.
5    The analysis must be based on data collected over 3
6consecutive school years, beginning with the 2014-2015 school
7year.
8    Beginning with the 2017-2018 school year, the State Board
9of Education shall require each of the school districts that
10are identified in the top 20% of any of the metrics described
11in this subsection (b) for 3 consecutive years to submit a plan
12identifying the strategies the school district will implement
13to reduce the use of exclusionary disciplinary practices or
14racial disproportionality or both, if applicable. School
15districts that no longer meet the criteria described in any of
16the metrics described in this subsection (b) for 3 consecutive
17years shall no longer be required to submit a plan.
18    This plan may be combined with any other improvement plans
19required under federal or State law.
20    The calculation of the top 20% of any of the metrics
21described in this subsection (b) shall exclude all school
22districts, State-authorized charter schools, and special
23charter districts that issued fewer than a total of 10
24out-of-school suspensions or expulsions, whichever is
25applicable, during the school year. The calculation of the top
2620% of the metric described in subdivision (3) of this

 

 

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1subsection (b) shall exclude all school districts with an
2enrollment of fewer than 50 white students or fewer than 50
3students of color.
4    The plan must be approved at a public school board meeting
5and posted on the school district's Internet website. Within
6one year after being identified, the school district shall
7submit to the State Board of Education and post on the
8district's Internet website a progress report describing the
9implementation of the plan and the results achieved.
10(Source: P.A. 98-1102, eff. 8-26-14; 99-30, eff. 7-10-15;
1199-78, eff. 7-20-15; revised 9-25-17.)
 
12    (105 ILCS 5/2-3.170)
13    Sec. 2-3.170. Property tax relief pool grants.
14    (a) As used in this Section,
15    "Property tax multiplier" equals one minus the square of
16the school district's Local Capacity Percentage, as defined in
17Section 18-8.15 of this Code.
18    "State Board" means the State Board of Education.
19    "Unit equivalent tax rate" means the Adjusted Operating Tax
20Rate, as defined in Section 18-8.15 of this Code, multiplied by
21a factor of 1 for unit school districts, 13/9 for elementary
22school districts, and 13/4 for high school districts.
23    (b) Subject to appropriation, the State Board shall provide
24grants to eligible school districts that provide tax relief to
25the school district's residents, up to a limit of 1% of the

 

 

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1school district's equalized assessed value, as provided in this
2Section.
3    (c) By August 1 of each year, the State Board shall publish
4an estimated threshold unit equivalent tax rate. School
5districts whose adjusted operating tax rate, as defined in this
6Section, is greater than the estimated threshold unit
7equivalent tax rate are eligible for relief under this Section.
8This estimated tax rate shall be based on the most recent
9available data provided by school districts pursuant to Section
1018-8.15 of this Code. The State Board shall estimate this
11property tax rate based on the amount appropriated to the grant
12program and the assumption that a set of school districts,
13based on criteria established by the State Board, will apply
14for grants under this Section. The criteria shall be based on
15reasonable assumptions about when school districts will apply
16for the grant.
17    (d) School districts seeking grants under this Section
18shall apply to the State Board by October 1 of each year. All
19applications to the State Board for grants shall include the
20amount of the grant requested.
21    (e) By December 1 of each year, based on the most recent
22available data provided by school districts pursuant to Section
2318-8.15 of this Code, the State Board shall calculate the unit
24equivalent tax rate, based on the applications received by the
25State Board, above which the appropriations are sufficient to
26provide relief and publish a list of the school districts

 

 

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1eligible for relief.
2    (f) The State Board shall publish a final list of grant
3recipients and provide payment of the grants by January 15 of
4each year.
5    (g) If payment from the State Board is received by the
6school district on time, the school district shall reduce its
7property tax levy in an amount equal to the grant received
8under this Section.
9    (h) The total grant to a school district under this Section
10shall be calculated based on the total amount of reduction in
11the school district's aggregate extension, up to a limit of 1%
12of a district's equalized assessed value for a unit school
13district, 0.69% for an elementary school district, and 0.31%
14for a high school district, multiplied by the property tax
15multiplier or the amount that the unit equivalent tax rate is
16greater than the rate determined by the State Board, whichever
17is less.
18    (i) If the State Board does not expend all appropriations
19allocated pursuant to this Section, then any remaining funds
20shall be allocated pursuant to Section 18-8.15 of this Code.
21    (j) The State Board shall prioritize payments under Section
2218-8.15 of this Code over payments under this Section, if
23necessary.
24    (k) Any grants received by a school district shall be
25included in future calculations of that school district's Base
26Funding Minimum under Section 18-8.15 of this Code.

 

 

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1    (l) In the tax year following receipt of a Property Tax
2Pool Relief Grant, the aggregate levy of any school district
3receiving a grant under this Section, for purposes of the
4Property Tax Extension Limitation Law, shall include the tax
5relief the school district provided in the previous taxable
6year under this Section.
7(Source: P.A. 100-465, eff. 8-31-17.)
 
8    (105 ILCS 5/2-3.171)
9    Sec. 2-3.171 2-3.170. Entrepreneurial skills teaching
10resources. The State Board of Education shall post resources
11regarding the teaching of entrepreneurial skills for use by
12school districts with secondary schools. The State Board of
13Education shall gather input from business groups and
14universities when developing the list of resources.
15(Source: P.A. 100-174, eff. 1-1-18; revised 9-25-17.)
 
16    (105 ILCS 5/2-3.172)
17    Sec. 2-3.172 2-3.170. High-skilled manufacturing teaching
18resources. The State Board of Education shall post resources
19regarding the teaching of high-skilled manufacturing, to be
20used in high schools and vocational education programs.
21(Source: P.A. 100-175, eff. 1-1-18; revised 9-25-17.)
 
22    (105 ILCS 5/3-14.23)  (from Ch. 122, par. 3-14.23)
23    Sec. 3-14.23. School bus driver permits.

 

 

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1    (a) To conduct courses of instruction for school bus
2drivers pursuant to the standards established by the Secretary
3of State under Section 6-106.1 of the Illinois Vehicle Code and
4to charge a fee based upon the cost of providing such courses
5of up to $6 per person for fiscal years 2010, 2011, and 2012;
6up to $8 per person for fiscal years 2013, 2014, and 2015; and
7up to $10 per person for fiscal year 2016 and each fiscal year
8thereafter for the initial classroom course in school bus
9driver safety and of up to $6 per person for fiscal years 2010,
102011, and 2012; up to $8 per person for fiscal years 2013,
112014, and 2015; and up to $10 per person for fiscal year 2016
12and each fiscal year thereafter for the annual refresher
13course.
14    (b) To conduct such investigations as may be necessary to
15insure that all persons hired to operate school buses have
16valid school bus driver permits as required under Sections
176-104 and 6-106.1 of the "The Illinois Vehicle Code". If a
18regional superintendent finds evidence of non-compliance with
19this requirement, he shall submit such evidence together with
20his recommendations in writing to the school board.
21    If the regional superintendent finds evidence of
22noncompliance with the requirement that all persons employed
23directly by the school board to operate school buses have valid
24school bus driver permits as required under Sections 6-104 and
256-106.1 of the "The Illinois Vehicle Code", the regional
26superintendent shall schedule a hearing on a date not less than

 

 

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15 days nor more than 10 days after notifying the district of
2his findings. If based on the evidence presented at the hearing
3the regional superintendent finds that persons employed
4directly by the school board to operate school buses do not
5have valid school bus driver permits as required under Sections
66-104 and 6-106.1 of the "The Illinois Vehicle Code", the
7regional superintendent shall submit such evidence and his
8findings together with his recommendations to the State
9Superintendent of Education. The State Superintendent of
10Education may reduce the district's claim for reimbursement
11under Sections 29-5 and 14-13.01 for transportation by 1.136%
12for each day of noncompliance.
13    If a school board finds evidence of noncompliance with the
14requirement that all persons employed by a contractor to
15operate school buses have valid school bus driver permits as
16required under Sections 6-104 and 6-106.1 of the "The Illinois
17Vehicle Code", the school board shall request a hearing before
18the regional superintendent. The regional superintendent shall
19schedule a hearing on a date not less than 5 days nor more than
2010 days after receiving the request. If based on the evidence
21presented at the hearing the regional superintendent finds that
22persons employed by a contractor to operate school buses do not
23have valid school bus driver permits as required under Sections
246-104 and 6-106.1 of the "The Illinois Vehicle Code", the
25school board's financial obligations under the contract shall
26be reduced by an amount equal to 1.136% for each day of

 

 

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1noncompliance. The findings of the regional superintendent and
2the relief provided herein shall not impair the obligations of
3the contractor to continue to provide transportation services
4in accordance with the terms of the contract.
5    The provisions of the Administrative Review Law, and all
6amendments and modifications thereof and the rules adopted
7pursuant thereto shall apply to and govern all proceedings
8instituted for judicial review of final administrative
9decisions of the regional superintendent under this Section.
10(Source: P.A. 96-616, eff. 1-1-10; revised 9-22-17.)
 
11    (105 ILCS 5/10-17a)  (from Ch. 122, par. 10-17a)
12    (Text of Section before amendment by P.A. 100-448)
13    Sec. 10-17a. State, school district, and school report
14cards.
15    (1) By October 31, 2013 and October 31 of each subsequent
16school year, the State Board of Education, through the State
17Superintendent of Education, shall prepare a State report card,
18school district report cards, and school report cards, and
19shall by the most economic means provide to each school
20district in this State, including special charter districts and
21districts subject to the provisions of Article 34, the report
22cards for the school district and each of its schools.
23    (2) In addition to any information required by federal law,
24the State Superintendent shall determine the indicators and
25presentation of the school report card, which must include, at

 

 

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1a minimum, the most current data collected and maintained by
2the State Board of Education related to the following:
3        (A) school characteristics and student demographics,
4    including average class size, average teaching experience,
5    student racial/ethnic breakdown, and the percentage of
6    students classified as low-income; the percentage of
7    students classified as English learners; the percentage of
8    students who have individualized education plans or 504
9    plans that provide for special education services; the
10    number and percentage of all students who have been
11    assessed for placement in a gifted education or advanced
12    academic program and, of those students: (i) the racial and
13    ethnic breakdown, (ii) the percentage who are classified as
14    low-income, and (iii) the number and percentage of students
15    who received direct instruction from a teacher who holds a
16    gifted education endorsement and, of those students, the
17    percentage who are classified as low-income; the
18    percentage of students scoring at the "exceeds
19    expectations" level on the assessments required under
20    Section 2-3.64a-5 of this Code; the percentage of students
21    who annually transferred in or out of the school district;
22    the per-pupil operating expenditure of the school
23    district; and the per-pupil State average operating
24    expenditure for the district type (elementary, high
25    school, or unit);
26        (B) curriculum information, including, where

 

 

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1    applicable, Advanced Placement, International
2    Baccalaureate or equivalent courses, dual enrollment
3    courses, foreign language classes, school personnel
4    resources (including Career Technical Education teachers),
5    before and after school programs, extracurricular
6    activities, subjects in which elective classes are
7    offered, health and wellness initiatives (including the
8    average number of days of Physical Education per week per
9    student), approved programs of study, awards received,
10    community partnerships, and special programs such as
11    programming for the gifted and talented, students with
12    disabilities, and work-study students;
13        (C) student outcomes, including, where applicable, the
14    percentage of students deemed proficient on assessments of
15    State standards, the percentage of students in the eighth
16    grade who pass Algebra, the percentage of students enrolled
17    in post-secondary institutions (including colleges,
18    universities, community colleges, trade/vocational
19    schools, and training programs leading to career
20    certification within 2 semesters of high school
21    graduation), the percentage of students graduating from
22    high school who are college and career ready, and the
23    percentage of graduates enrolled in community colleges,
24    colleges, and universities who are in one or more courses
25    that the community college, college, or university
26    identifies as a developmental course;

 

 

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1        (D) student progress, including, where applicable, the
2    percentage of students in the ninth grade who have earned 5
3    credits or more without failing more than one core class, a
4    measure of students entering kindergarten ready to learn, a
5    measure of growth, and the percentage of students who enter
6    high school on track for college and career readiness;
7        (E) the school environment, including, where
8    applicable, the percentage of students with less than 10
9    absences in a school year, the percentage of teachers with
10    less than 10 absences in a school year for reasons other
11    than professional development, leaves taken pursuant to
12    the federal Family Medical Leave Act of 1993, long-term
13    disability, or parental leaves, the 3-year average of the
14    percentage of teachers returning to the school from the
15    previous year, the number of different principals at the
16    school in the last 6 years, the number of teachers who hold
17    a gifted education endorsement, the process and criteria
18    used by the district to determine whether a student is
19    eligible for participation in a gifted education program or
20    advanced academic program and the manner in which parents
21    and guardians are made aware of the process and criteria, 2
22    or more indicators from any school climate survey selected
23    or approved by the State and administered pursuant to
24    Section 2-3.153 of this Code, with the same or similar
25    indicators included on school report cards for all surveys
26    selected or approved by the State pursuant to Section

 

 

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1    2-3.153 of this Code, and the combined percentage of
2    teachers rated as proficient or excellent in their most
3    recent evaluation;
4        (F) a school district's and its individual schools'
5    balanced accountability measure, in accordance with
6    Section 2-3.25a of this Code;
7        (G) the total and per pupil normal cost amount the
8    State contributed to the Teachers' Retirement System of the
9    State of Illinois in the prior fiscal year for the school's
10    employees, which shall be reported to the State Board of
11    Education by the Teachers' Retirement System of the State
12    of Illinois; and
13        (H) for a school district organized under Article 34 of
14    this Code only, State contributions to the Public School
15    Teachers' Pension and Retirement Fund of Chicago and State
16    contributions for health care for employees of that school
17    district; .
18        (I) (G) a school district's Final Percent of Adequacy,
19    as defined in paragraph (4) of subsection (f) of Section
20    18-8.15 of this Code;
21        (J) (H) a school district's Local Capacity Target, as
22    defined in paragraph (2) of subsection (c) of Section
23    18-8.15 of this Code, displayed as a percentage amount; and
24        (K) (I) a school district's Real Receipts, as defined
25    in paragraph (1) of subsection (d) of Section 18-8.15 of
26    this Code, divided by a school district's Adequacy Target,

 

 

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1    as defined in paragraph (1) of subsection (b) of Section
2    18-8.15 of this Code, displayed as a percentage amount.
3    The school report card shall also provide information that
4allows for comparing the current outcome, progress, and
5environment data to the State average, to the school data from
6the past 5 years, and to the outcomes, progress, and
7environment of similar schools based on the type of school and
8enrollment of low-income students, special education students,
9and English learners.
10    As used in this subsection paragraph (2):
11    "Advanced academic program" means a course of study to
12which students are assigned based on advanced cognitive ability
13or advanced academic achievement compared to local age peers
14and in which the curriculum is substantially differentiated
15from the general curriculum to provide appropriate challenge
16and pace.
17    "Gifted education" means educational services, including
18differentiated curricula and instructional methods, designed
19to meet the needs of gifted children as defined in Article 14A
20of this Code.
21    (3) At the discretion of the State Superintendent, the
22school district report card shall include a subset of the
23information identified in paragraphs (A) through (E) of
24subsection (2) of this Section, as well as information relating
25to the operating expense per pupil and other finances of the
26school district, and the State report card shall include a

 

 

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1subset of the information identified in paragraphs (A) through
2(E) of subsection (2) of this Section.
3    (4) Notwithstanding anything to the contrary in this
4Section, in consultation with key education stakeholders, the
5State Superintendent shall at any time have the discretion to
6amend or update any and all metrics on the school, district, or
7State report card.
8    (5) Annually, no more than 30 calendar days after receipt
9of the school district and school report cards from the State
10Superintendent of Education, each school district, including
11special charter districts and districts subject to the
12provisions of Article 34, shall present such report cards at a
13regular school board meeting subject to applicable notice
14requirements, post the report cards on the school district's
15Internet web site, if the district maintains an Internet web
16site, make the report cards available to a newspaper of general
17circulation serving the district, and, upon request, send the
18report cards home to a parent (unless the district does not
19maintain an Internet web site, in which case the report card
20shall be sent home to parents without request). If the district
21posts the report card on its Internet web site, the district
22shall send a written notice home to parents stating (i) that
23the report card is available on the web site, (ii) the address
24of the web site, (iii) that a printed copy of the report card
25will be sent to parents upon request, and (iv) the telephone
26number that parents may call to request a printed copy of the

 

 

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1report card.
2    (6) Nothing contained in Public Act 98-648 this amendatory
3Act of the 98th General Assembly repeals, supersedes,
4invalidates, or nullifies final decisions in lawsuits pending
5on July 1, 2014 (the effective date of Public Act 98-648) this
6amendatory Act of the 98th General Assembly in Illinois courts
7involving the interpretation of Public Act 97-8.
8(Source: P.A. 99-30, eff. 7-10-15; 99-193, eff. 7-30-15;
999-642, eff. 7-28-16; 100-227, eff. 8-18-17; 100-364, eff.
101-1-18; 100-465, eff. 8-31-17; revised 9-25-17.)
 
11    (Text of Section after amendment by P.A. 100-448)
12    Sec. 10-17a. State, school district, and school report
13cards.
14    (1) By October 31, 2013 and October 31 of each subsequent
15school year, the State Board of Education, through the State
16Superintendent of Education, shall prepare a State report card,
17school district report cards, and school report cards, and
18shall by the most economic means provide to each school
19district in this State, including special charter districts and
20districts subject to the provisions of Article 34, the report
21cards for the school district and each of its schools.
22    (2) In addition to any information required by federal law,
23the State Superintendent shall determine the indicators and
24presentation of the school report card, which must include, at
25a minimum, the most current data collected and maintained by

 

 

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1the State Board of Education related to the following:
2        (A) school characteristics and student demographics,
3    including average class size, average teaching experience,
4    student racial/ethnic breakdown, and the percentage of
5    students classified as low-income; the percentage of
6    students classified as English learners; the percentage of
7    students who have individualized education plans or 504
8    plans that provide for special education services; the
9    number and percentage of all students who have been
10    assessed for placement in a gifted education or advanced
11    academic program and, of those students: (i) the racial and
12    ethnic breakdown, (ii) the percentage who are classified as
13    low-income, and (iii) the number and percentage of students
14    who received direct instruction from a teacher who holds a
15    gifted education endorsement and, of those students, the
16    percentage who are classified as low-income; the
17    percentage of students scoring at the "exceeds
18    expectations" level on the assessments required under
19    Section 2-3.64a-5 of this Code; the percentage of students
20    who annually transferred in or out of the school district;
21    average daily attendance; the per-pupil operating
22    expenditure of the school district; and the per-pupil State
23    average operating expenditure for the district type
24    (elementary, high school, or unit);
25        (B) curriculum information, including, where
26    applicable, Advanced Placement, International

 

 

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1    Baccalaureate or equivalent courses, dual enrollment
2    courses, foreign language classes, school personnel
3    resources (including Career Technical Education teachers),
4    before and after school programs, extracurricular
5    activities, subjects in which elective classes are
6    offered, health and wellness initiatives (including the
7    average number of days of Physical Education per week per
8    student), approved programs of study, awards received,
9    community partnerships, and special programs such as
10    programming for the gifted and talented, students with
11    disabilities, and work-study students;
12        (C) student outcomes, including, where applicable, the
13    percentage of students deemed proficient on assessments of
14    State standards, the percentage of students in the eighth
15    grade who pass Algebra, the percentage of students enrolled
16    in post-secondary institutions (including colleges,
17    universities, community colleges, trade/vocational
18    schools, and training programs leading to career
19    certification within 2 semesters of high school
20    graduation), the percentage of students graduating from
21    high school who are college and career ready, and the
22    percentage of graduates enrolled in community colleges,
23    colleges, and universities who are in one or more courses
24    that the community college, college, or university
25    identifies as a developmental course;
26        (D) student progress, including, where applicable, the

 

 

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1    percentage of students in the ninth grade who have earned 5
2    credits or more without failing more than one core class, a
3    measure of students entering kindergarten ready to learn, a
4    measure of growth, and the percentage of students who enter
5    high school on track for college and career readiness;
6        (E) the school environment, including, where
7    applicable, the percentage of students with less than 10
8    absences in a school year, the percentage of teachers with
9    less than 10 absences in a school year for reasons other
10    than professional development, leaves taken pursuant to
11    the federal Family Medical Leave Act of 1993, long-term
12    disability, or parental leaves, the 3-year average of the
13    percentage of teachers returning to the school from the
14    previous year, the number of different principals at the
15    school in the last 6 years, the number of teachers who hold
16    a gifted education endorsement, the process and criteria
17    used by the district to determine whether a student is
18    eligible for participation in a gifted education program or
19    advanced academic program and the manner in which parents
20    and guardians are made aware of the process and criteria, 2
21    or more indicators from any school climate survey selected
22    or approved by the State and administered pursuant to
23    Section 2-3.153 of this Code, with the same or similar
24    indicators included on school report cards for all surveys
25    selected or approved by the State pursuant to Section
26    2-3.153 of this Code, and the combined percentage of

 

 

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1    teachers rated as proficient or excellent in their most
2    recent evaluation;
3        (F) a school district's and its individual schools'
4    balanced accountability measure, in accordance with
5    Section 2-3.25a of this Code;
6        (G) the total and per pupil normal cost amount the
7    State contributed to the Teachers' Retirement System of the
8    State of Illinois in the prior fiscal year for the school's
9    employees, which shall be reported to the State Board of
10    Education by the Teachers' Retirement System of the State
11    of Illinois; and
12        (H) for a school district organized under Article 34 of
13    this Code only, State contributions to the Public School
14    Teachers' Pension and Retirement Fund of Chicago and State
15    contributions for health care for employees of that school
16    district; .
17        (I) (G) a school district's Final Percent of Adequacy,
18    as defined in paragraph (4) of subsection (f) of Section
19    18-8.15 of this Code;
20        (J) (H) a school district's Local Capacity Target, as
21    defined in paragraph (2) of subsection (c) of Section
22    18-8.15 of this Code, displayed as a percentage amount; and
23        (K) (I) a school district's Real Receipts, as defined
24    in paragraph (1) of subsection (d) of Section 18-8.15 of
25    this Code, divided by a school district's Adequacy Target,
26    as defined in paragraph (1) of subsection (b) of Section

 

 

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1    18-8.15 of this Code, displayed as a percentage amount.
2    The school report card shall also provide information that
3allows for comparing the current outcome, progress, and
4environment data to the State average, to the school data from
5the past 5 years, and to the outcomes, progress, and
6environment of similar schools based on the type of school and
7enrollment of low-income students, special education students,
8and English learners.
9    As used in this subsection paragraph (2):
10    "Advanced academic program" means a course of study to
11which students are assigned based on advanced cognitive ability
12or advanced academic achievement compared to local age peers
13and in which the curriculum is substantially differentiated
14from the general curriculum to provide appropriate challenge
15and pace.
16    "Gifted education" means educational services, including
17differentiated curricula and instructional methods, designed
18to meet the needs of gifted children as defined in Article 14A
19of this Code.
20    For the purposes of paragraph (A) of this subsection (2),
21"average daily attendance" means the average of the actual
22number of attendance days during the previous school year for
23any enrolled student who is subject to compulsory attendance by
24Section 26-1 of this Code at each school and charter school.
25    (3) At the discretion of the State Superintendent, the
26school district report card shall include a subset of the

 

 

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1information identified in paragraphs (A) through (E) of
2subsection (2) of this Section, as well as information relating
3to the operating expense per pupil and other finances of the
4school district, and the State report card shall include a
5subset of the information identified in paragraphs (A) through
6(E) of subsection (2) of this Section. The school district
7report card shall include the average daily attendance, as that
8term is defined in subsection (2) of this Section, of students
9who have individualized education programs and students who
10have 504 plans that provide for special education services
11within the school district.
12    (4) Notwithstanding anything to the contrary in this
13Section, in consultation with key education stakeholders, the
14State Superintendent shall at any time have the discretion to
15amend or update any and all metrics on the school, district, or
16State report card.
17    (5) Annually, no more than 30 calendar days after receipt
18of the school district and school report cards from the State
19Superintendent of Education, each school district, including
20special charter districts and districts subject to the
21provisions of Article 34, shall present such report cards at a
22regular school board meeting subject to applicable notice
23requirements, post the report cards on the school district's
24Internet web site, if the district maintains an Internet web
25site, make the report cards available to a newspaper of general
26circulation serving the district, and, upon request, send the

 

 

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1report cards home to a parent (unless the district does not
2maintain an Internet web site, in which case the report card
3shall be sent home to parents without request). If the district
4posts the report card on its Internet web site, the district
5shall send a written notice home to parents stating (i) that
6the report card is available on the web site, (ii) the address
7of the web site, (iii) that a printed copy of the report card
8will be sent to parents upon request, and (iv) the telephone
9number that parents may call to request a printed copy of the
10report card.
11    (6) Nothing contained in Public Act 98-648 this amendatory
12Act of the 98th General Assembly repeals, supersedes,
13invalidates, or nullifies final decisions in lawsuits pending
14on July 1, 2014 (the effective date of Public Act 98-648) this
15amendatory Act of the 98th General Assembly in Illinois courts
16involving the interpretation of Public Act 97-8.
17(Source: P.A. 99-30, eff. 7-10-15; 99-193, eff. 7-30-15;
1899-642, eff. 7-28-16; 100-227, eff. 8-18-17; 100-364, eff.
191-1-18; 100-448, eff. 7-1-19; 100-465, eff. 8-31-17; revised
209-25-17.)
 
21    (105 ILCS 5/10-20.60)
22    Sec. 10-20.60. Breastfeeding accommodations for pupils.
23    (a) Each public school shall provide reasonable
24accommodations to a lactating pupil on a school campus to
25express breast milk, breastfeed an infant child, or address

 

 

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1other needs related to breastfeeding. Reasonable
2accommodations under this Section include, but are not limited
3to, all of the following:
4        (1) Access to a private and secure room, other than a
5    restroom, to express breast milk or breastfeed an infant
6    child.
7        (2) Permission to bring onto a school campus a breast
8    pump and any other equipment used to express breast milk.
9        (3) Access to a power source for a breast pump or any
10    other equipment used to express breast milk.
11        (4) Access to a place to store expressed breast milk
12    safely.
13    (b) A lactating pupil on a school campus must be provided a
14reasonable amount of time to accommodate her need to express
15breast milk or breastfeed an infant child.
16    (c) A public school shall provide the reasonable
17accommodations specified in subsections (a) and (b) of this
18Section only if there is at least one lactating pupil on the
19school campus.
20    (d) A public school may use an existing facility to meet
21the requirements specified in subsection (a) of this Section.
22    (e) A pupil may not incur an academic penalty as a result
23of her use, during the school day, of the reasonable
24accommodations specified in this Section and must be provided
25the opportunity to make up any work missed due to such use.
26    (f) In instances where a student files a complaint of

 

 

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1noncompliance with the requirements of this Section, the public
2school shall implement the grievance procedure of 23 Ill. Adm.
3Code 200, including appeals procedures.
4(Source: P.A. 100-29, eff. 1-1-18.)
 
5    (105 ILCS 5/10-20.61)
6    Sec. 10-20.61 10-20.60. Implicit bias training.
7    (a) The General Assembly makes the following findings:
8        (1) implicit racial bias influences evaluations of and
9    behavior toward those who are the subject of the bias;
10        (2) understanding implicit racial bias is needed in
11    order to reduce that bias;
12        (3) marginalized students would benefit from having
13    access to educators who have worked to reduce their biases;
14    and
15        (4) training that helps educators overcome implicit
16    racial bias has implication for classroom interactions,
17    student evaluation, and classroom engagement; it also
18    affects student academic self-concept.
19    (b) Each school board shall require in-service training for
20school personnel to include training to develop cultural
21competency, including understanding and reducing implicit
22racial bias.
23    (c) As used in this Section, "implicit racial bias" means a
24preference, positive or negative, for a racial or ethnic group
25that operates outside of awareness. This bias has 3 different

 

 

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1components: affective, behavioral, and cognitive.
2(Source: P.A. 100-14, eff. 7-1-17; revised 10-19-17.)
 
3    (105 ILCS 5/10-20.62)
4    Sec. 10-20.62 10-20.60. Dual enrollment and dual credit
5notification. A school board shall require the school
6district's high schools, if any, to inform all 11th and 12th
7grade students of dual enrollment and dual credit opportunities
8at public community colleges for qualified students.
9(Source: P.A. 100-133, eff. 1-1-18; revised 10-19-17.)
 
10    (105 ILCS 5/10-20.63)
11    Sec. 10-20.63 10-20.60. Availability of feminine hygiene
12products.
13    (a) The General Assembly finds the following:
14        (1) Feminine hygiene products are a health care
15    necessity and not an item that can be foregone or
16    substituted easily.
17        (2) Access to feminine hygiene products is a serious
18    and ongoing need in this State.
19        (3) When students do not have access to affordable
20    feminine hygiene products, they may miss multiple days of
21    school every month.
22        (4) When students have access to quality feminine
23    hygiene products, they are able to continue with their
24    daily lives with minimal interruption.

 

 

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1    (b) In this Section:
2    "Feminine hygiene products" means tampons and sanitary
3napkins for use in connection with the menstrual cycle.
4    "School building" means any facility (i) that is owned or
5leased by a school district or over which the school board has
6care, custody, and control and (ii) in which there is a public
7school serving students in grades 6 through 12.
8    (c) A school district shall make feminine hygiene products
9available, at no cost to students, in the bathrooms of school
10buildings.
11(Source: P.A. 100-163, eff. 1-1-18; revised 10-19-17.)
 
12    (105 ILCS 5/10-20.64)
13    Sec. 10-20.64 10-20.60. Booking stations on school
14grounds.
15    (a) There shall be no student booking station established
16or maintained on the grounds of any school.
17    (b) This prohibition shall be applied to student booking
18stations only, as defined in this Section. The prohibition does
19not prohibit or affect the establishment or maintenance of any
20place operated by or under the control of law enforcement
21personnel, school resource officers, or other security
22personnel that does not also qualify as a student booking
23station as defined in paragraph (2) of subsection (d) of this
24Section. The prohibition does not affect or limit the powers
25afforded law enforcement officers to perform their duties

 

 

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1within schools as otherwise prescribed by law.
2    (c) When the underlying suspected or alleged criminal act
3is an act of violence, and isolation of a student or students
4is deemed necessary to the interest of public safety, and no
5other location is adequate for secure isolation of the student
6or students, offices as described in paragraph (1) of
7subsection (d) of this Section may be employed to detain
8students for a period no longer than that required to alleviate
9that threat to public safety.
10    (d) As used in this Section, "student booking station"
11means a building, office, room, or any indefinitely established
12space or site, mobile or fixed, which operates concurrently as:
13        (1) predominantly or regularly a place of operation for
14    a municipal police department, county sheriff department,
15    or other law enforcement agency, or under the primary
16    control thereof; and
17        (2) a site at which students are detained in connection
18    with criminal charges or allegations against those
19    students, taken into custody, or engaged with law
20    enforcement personnel in any process that creates a law
21    enforcement record of that contact with law enforcement
22    personnel or processes.
23(Source: P.A. 100-204, eff. 8-18-17; revised 10-19-17.)
 
24    (105 ILCS 5/10-20.65)
25    Sec. 10-20.65 10-20.60. School social worker. A school

 

 

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1board may employ school social workers who have graduated with
2a master's or higher degree in social work from an accredited
3graduate school of social work and have such additional
4qualifications as may be required by the State Board of
5Education and who hold a Professional Educator License with a
6school support personnel endorsement for school social work
7pursuant to Section 21B-25 of this Code. Only persons so
8licensed and endorsed may use the title "school social worker".
9A school social worker may provide individual and group
10services to the general student population and to students with
11disabilities pursuant to Article 14 of this Code and rules set
12forth in 23 Ill. Adm. Code 226, Special Education, adopted by
13the State Board of Education and may provide support and
14consultation to administrators, teachers, and other school
15personnel consistent with their professional qualifications
16and the provisions of this Code and other applicable laws.
17School districts may employ a sufficient number of school
18social workers to address the needs of their students and
19schools and may maintain the nationally recommended
20student-to-school social worker ratio of 250 to 1. A school
21social worker may not provide such services outside his or her
22employment to any student in the district or districts that
23employ the school social worker.
24(Source: P.A. 100-356, eff. 8-25-17; revised 10-19-17.)
 
25    (105 ILCS 5/10-20.66)

 

 

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1    (This Section may contain text from a Public Act with a
2delayed effective date)
3    Sec. 10-20.66 10-20.60. School-grown produce. A school
4district may serve students produce grown and harvested by
5students in school-owned facilities utilizing hydroponics or
6aeroponics or in school-owned or community gardens if the soil
7and compost in which the produce is grown meets the standards
8adopted in 35 Ill. Adm. Code 830.503, if applicable, and the
9produce is served in accordance with the standards adopted in
1077 Ill. Adm. Code 750.
11(Source: P.A. 100-505, eff. 6-1-18; revised 10-19-17.)
 
12    (105 ILCS 5/10-22.3f)
13    Sec. 10-22.3f. Required health benefits. Insurance
14protection and benefits for employees shall provide the
15post-mastectomy care benefits required to be covered by a
16policy of accident and health insurance under Section 356t and
17the coverage required under Sections 356g, 356g.5, 356g.5-1,
18356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.11, 356z.12,
19356z.13, 356z.14, 356z.15, 356z.22, and 356z.25, and 356z.26 of
20the Illinois Insurance Code. Insurance policies shall comply
21with Section 356z.19 of the Illinois Insurance Code. The
22coverage shall comply with Sections 155.22a and 355b of the
23Illinois Insurance Code.
24    Rulemaking authority to implement Public Act 95-1045, if
25any, is conditioned on the rules being adopted in accordance

 

 

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1with all provisions of the Illinois Administrative Procedure
2Act and all rules and procedures of the Joint Committee on
3Administrative Rules; any purported rule not so adopted, for
4whatever reason, is unauthorized.
5(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
6revised 9-25-17.)
 
7    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
8    Sec. 10-22.6. Suspension or expulsion of pupils; school
9searches.
10    (a) To expel pupils guilty of gross disobedience or
11misconduct, including gross disobedience or misconduct
12perpetuated by electronic means, pursuant to subsection (b-20)
13of this Section, and no action shall lie against them for such
14expulsion. Expulsion shall take place only after the parents
15have been requested to appear at a meeting of the board, or
16with a hearing officer appointed by it, to discuss their
17child's behavior. Such request shall be made by registered or
18certified mail and shall state the time, place and purpose of
19the meeting. The board, or a hearing officer appointed by it,
20at such meeting shall state the reasons for dismissal and the
21date on which the expulsion is to become effective. If a
22hearing officer is appointed by the board, he shall report to
23the board a written summary of the evidence heard at the
24meeting and the board may take such action thereon as it finds
25appropriate. If the board acts to expel a pupil, the written

 

 

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1expulsion decision shall detail the specific reasons why
2removing the pupil from the learning environment is in the best
3interest of the school. The expulsion decision shall also
4include a rationale as to the specific duration of the
5expulsion. An expelled pupil may be immediately transferred to
6an alternative program in the manner provided in Article 13A or
713B of this Code. A pupil must not be denied transfer because
8of the expulsion, except in cases in which such transfer is
9deemed to cause a threat to the safety of students or staff in
10the alternative program.
11    (b) To suspend or by policy to authorize the superintendent
12of the district or the principal, assistant principal, or dean
13of students of any school to suspend pupils guilty of gross
14disobedience or misconduct, or to suspend pupils guilty of
15gross disobedience or misconduct on the school bus from riding
16the school bus, pursuant to subsections (b-15) and (b-20) of
17this Section, and no action shall lie against them for such
18suspension. The board may by policy authorize the
19superintendent of the district or the principal, assistant
20principal, or dean of students of any school to suspend pupils
21guilty of such acts for a period not to exceed 10 school days.
22If a pupil is suspended due to gross disobedience or misconduct
23on a school bus, the board may suspend the pupil in excess of
2410 school days for safety reasons.
25    Any suspension shall be reported immediately to the parents
26or guardian of a pupil along with a full statement of the

 

 

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1reasons for such suspension and a notice of their right to a
2review. The school board must be given a summary of the notice,
3including the reason for the suspension and the suspension
4length. Upon request of the parents or guardian, the school
5board or a hearing officer appointed by it shall review such
6action of the superintendent or principal, assistant
7principal, or dean of students. At such review, the parents or
8guardian of the pupil may appear and discuss the suspension
9with the board or its hearing officer. If a hearing officer is
10appointed by the board, he shall report to the board a written
11summary of the evidence heard at the meeting. After its hearing
12or upon receipt of the written report of its hearing officer,
13the board may take such action as it finds appropriate. If a
14student is suspended pursuant to this subsection (b), the board
15shall, in the written suspension decision, detail the specific
16act of gross disobedience or misconduct resulting in the
17decision to suspend. The suspension decision shall also include
18a rationale as to the specific duration of the suspension. A
19pupil who is suspended in excess of 20 school days may be
20immediately transferred to an alternative program in the manner
21provided in Article 13A or 13B of this Code. A pupil must not
22be denied transfer because of the suspension, except in cases
23in which such transfer is deemed to cause a threat to the
24safety of students or staff in the alternative program.
25    (b-5) Among the many possible disciplinary interventions
26and consequences available to school officials, school

 

 

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1exclusions, such as out-of-school suspensions and expulsions,
2are the most serious. School officials shall limit the number
3and duration of expulsions and suspensions to the greatest
4extent practicable, and it is recommended that they use them
5only for legitimate educational purposes. To ensure that
6students are not excluded from school unnecessarily, it is
7recommended that school officials consider forms of
8non-exclusionary discipline prior to using out-of-school
9suspensions or expulsions.
10    (b-10) Unless otherwise required by federal law or this
11Code, school boards may not institute zero-tolerance policies
12by which school administrators are required to suspend or expel
13students for particular behaviors.
14    (b-15) Out-of-school suspensions of 3 days or less may be
15used only if the student's continuing presence in school would
16pose a threat to school safety or a disruption to other
17students' learning opportunities. For purposes of this
18subsection (b-15), "threat to school safety or a disruption to
19other students' learning opportunities" shall be determined on
20a case-by-case basis by the school board or its designee.
21School officials shall make all reasonable efforts to resolve
22such threats, address such disruptions, and minimize the length
23of suspensions to the greatest extent practicable.
24    (b-20) Unless otherwise required by this Code,
25out-of-school suspensions of longer than 3 days, expulsions,
26and disciplinary removals to alternative schools may be used

 

 

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1only if other appropriate and available behavioral and
2disciplinary interventions have been exhausted and the
3student's continuing presence in school would either (i) pose a
4threat to the safety of other students, staff, or members of
5the school community or (ii) substantially disrupt, impede, or
6interfere with the operation of the school. For purposes of
7this subsection (b-20), "threat to the safety of other
8students, staff, or members of the school community" and
9"substantially disrupt, impede, or interfere with the
10operation of the school" shall be determined on a case-by-case
11basis by school officials. For purposes of this subsection
12(b-20), the determination of whether "appropriate and
13available behavioral and disciplinary interventions have been
14exhausted" shall be made by school officials. School officials
15shall make all reasonable efforts to resolve such threats,
16address such disruptions, and minimize the length of student
17exclusions to the greatest extent practicable. Within the
18suspension decision described in subsection (b) of this Section
19or the expulsion decision described in subsection (a) of this
20Section, it shall be documented whether other interventions
21were attempted or whether it was determined that there were no
22other appropriate and available interventions.
23    (b-25) Students who are suspended out-of-school for longer
24than 4 school days shall be provided appropriate and available
25support services during the period of their suspension. For
26purposes of this subsection (b-25), "appropriate and available

 

 

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1support services" shall be determined by school authorities.
2Within the suspension decision described in subsection (b) of
3this Section, it shall be documented whether such services are
4to be provided or whether it was determined that there are no
5such appropriate and available services.
6    A school district may refer students who are expelled to
7appropriate and available support services.
8    A school district shall create a policy to facilitate the
9re-engagement of students who are suspended out-of-school,
10expelled, or returning from an alternative school setting.
11    (b-30) A school district shall create a policy by which
12suspended pupils, including those pupils suspended from the
13school bus who do not have alternate transportation to school,
14shall have the opportunity to make up work for equivalent
15academic credit. It shall be the responsibility of a pupil's
16parent or guardian to notify school officials that a pupil
17suspended from the school bus does not have alternate
18transportation to school.
19    (c) The Department of Human Services shall be invited to
20send a representative to consult with the board at such meeting
21whenever there is evidence that mental illness may be the cause
22for expulsion or suspension.
23    (c-5) School districts shall make reasonable efforts to
24provide ongoing professional development to teachers,
25administrators, school board members, school resource
26officers, and staff on the adverse consequences of school

 

 

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1exclusion and justice-system involvement, effective classroom
2management strategies, culturally responsive discipline, and
3developmentally appropriate disciplinary methods that promote
4positive and healthy school climates.
5    (d) The board may expel a student for a definite period of
6time not to exceed 2 calendar years, as determined on a
7case-by-case case by case basis. A student who is determined to
8have brought one of the following objects to school, any
9school-sponsored activity or event, or any activity or event
10that bears a reasonable relationship to school shall be
11expelled for a period of not less than one year:
12        (1) A firearm. For the purposes of this Section,
13    "firearm" means any gun, rifle, shotgun, weapon as defined
14    by Section 921 of Title 18 of the United States Code,
15    firearm as defined in Section 1.1 of the Firearm Owners
16    Identification Card Act, or firearm as defined in Section
17    24-1 of the Criminal Code of 2012. The expulsion period
18    under this subdivision (1) may be modified by the
19    superintendent, and the superintendent's determination may
20    be modified by the board on a case-by-case basis.
21        (2) A knife, brass knuckles or other knuckle weapon
22    regardless of its composition, a billy club, or any other
23    object if used or attempted to be used to cause bodily
24    harm, including "look alikes" of any firearm as defined in
25    subdivision (1) of this subsection (d). The expulsion
26    requirement under this subdivision (2) may be modified by

 

 

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1    the superintendent, and the superintendent's determination
2    may be modified by the board on a case-by-case basis.
3Expulsion or suspension shall be construed in a manner
4consistent with the Federal Individuals with Disabilities
5Education Act. A student who is subject to suspension or
6expulsion as provided in this Section may be eligible for a
7transfer to an alternative school program in accordance with
8Article 13A of the School Code.
9    (d-5) The board may suspend or by regulation authorize the
10superintendent of the district or the principal, assistant
11principal, or dean of students of any school to suspend a
12student for a period not to exceed 10 school days or may expel
13a student for a definite period of time not to exceed 2
14calendar years, as determined on a case-by-case case by case
15basis, if (i) that student has been determined to have made an
16explicit threat on an Internet website against a school
17employee, a student, or any school-related personnel, (ii) the
18Internet website through which the threat was made is a site
19that was accessible within the school at the time the threat
20was made or was available to third parties who worked or
21studied within the school grounds at the time the threat was
22made, and (iii) the threat could be reasonably interpreted as
23threatening to the safety and security of the threatened
24individual because of his or her duties or employment status or
25status as a student inside the school.
26    (e) To maintain order and security in the schools, school

 

 

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1authorities may inspect and search places and areas such as
2lockers, desks, parking lots, and other school property and
3equipment owned or controlled by the school, as well as
4personal effects left in those places and areas by students,
5without notice to or the consent of the student, and without a
6search warrant. As a matter of public policy, the General
7Assembly finds that students have no reasonable expectation of
8privacy in these places and areas or in their personal effects
9left in these places and areas. School authorities may request
10the assistance of law enforcement officials for the purpose of
11conducting inspections and searches of lockers, desks, parking
12lots, and other school property and equipment owned or
13controlled by the school for illegal drugs, weapons, or other
14illegal or dangerous substances or materials, including
15searches conducted through the use of specially trained dogs.
16If a search conducted in accordance with this Section produces
17evidence that the student has violated or is violating either
18the law, local ordinance, or the school's policies or rules,
19such evidence may be seized by school authorities, and
20disciplinary action may be taken. School authorities may also
21turn over such evidence to law enforcement authorities.
22    (f) Suspension or expulsion may include suspension or
23expulsion from school and all school activities and a
24prohibition from being present on school grounds.
25    (g) A school district may adopt a policy providing that if
26a student is suspended or expelled for any reason from any

 

 

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1public or private school in this or any other state, the
2student must complete the entire term of the suspension or
3expulsion in an alternative school program under Article 13A of
4this Code or an alternative learning opportunities program
5under Article 13B of this Code before being admitted into the
6school district if there is no threat to the safety of students
7or staff in the alternative program.
8    (h) School officials shall not advise or encourage students
9to drop out voluntarily due to behavioral or academic
10difficulties.
11    (i) A student may not be issued a monetary fine or fee as a
12disciplinary consequence, though this shall not preclude
13requiring a student to provide restitution for lost, stolen, or
14damaged property.
15    (j) Subsections (a) through (i) of this Section shall apply
16to elementary and secondary schools, charter schools, special
17charter districts, and school districts organized under
18Article 34 of this Code.
19    (k) The expulsion of children enrolled in programs funded
20under Section 1C-2 of this Code is subject to the requirements
21under paragraph (7) of subsection (a) of Section 2-3.71 of this
22Code.
23(Source: P.A. 99-456, eff. 9-15-16; 100-105, eff. 1-1-18;
24revised 1-22-18.)
 
25    (105 ILCS 5/14-8.02)  (from Ch. 122, par. 14-8.02)

 

 

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1    Sec. 14-8.02. Identification, evaluation, and placement of
2children.
3    (a) The State Board of Education shall make rules under
4which local school boards shall determine the eligibility of
5children to receive special education. Such rules shall ensure
6that a free appropriate public education be available to all
7children with disabilities as defined in Section 14-1.02. The
8State Board of Education shall require local school districts
9to administer non-discriminatory procedures or tests to
10English learners coming from homes in which a language other
11than English is used to determine their eligibility to receive
12special education. The placement of low English proficiency
13students in special education programs and facilities shall be
14made in accordance with the test results reflecting the
15student's linguistic, cultural and special education needs.
16For purposes of determining the eligibility of children the
17State Board of Education shall include in the rules definitions
18of "case study", "staff conference", "individualized
19educational program", and "qualified specialist" appropriate
20to each category of children with disabilities as defined in
21this Article. For purposes of determining the eligibility of
22children from homes in which a language other than English is
23used, the State Board of Education shall include in the rules
24definitions for "qualified bilingual specialists" and
25"linguistically and culturally appropriate individualized
26educational programs". For purposes of this Section, as well as

 

 

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1Sections 14-8.02a, 14-8.02b, and 14-8.02c of this Code,
2"parent" means a parent as defined in the federal Individuals
3with Disabilities Education Act (20 U.S.C. 1401(23)).
4    (b) No child shall be eligible for special education
5facilities except with a carefully completed case study fully
6reviewed by professional personnel in a multidisciplinary
7staff conference and only upon the recommendation of qualified
8specialists or a qualified bilingual specialist, if available.
9At the conclusion of the multidisciplinary staff conference,
10the parent of the child shall be given a copy of the
11multidisciplinary conference summary report and
12recommendations, which includes options considered, and be
13informed of their right to obtain an independent educational
14evaluation if they disagree with the evaluation findings
15conducted or obtained by the school district. If the school
16district's evaluation is shown to be inappropriate, the school
17district shall reimburse the parent for the cost of the
18independent evaluation. The State Board of Education shall,
19with advice from the State Advisory Council on Education of
20Children with Disabilities on the inclusion of specific
21independent educational evaluators, prepare a list of
22suggested independent educational evaluators. The State Board
23of Education shall include on the list clinical psychologists
24licensed pursuant to the Clinical Psychologist Licensing Act.
25Such psychologists shall not be paid fees in excess of the
26amount that would be received by a school psychologist for

 

 

HB5447 Enrolled- 934 -LRB100 16294 AMC 31417 b

1performing the same services. The State Board of Education
2shall supply school districts with such list and make the list
3available to parents at their request. School districts shall
4make the list available to parents at the time they are
5informed of their right to obtain an independent educational
6evaluation. However, the school district may initiate an
7impartial due process hearing under this Section within 5 days
8of any written parent request for an independent educational
9evaluation to show that its evaluation is appropriate. If the
10final decision is that the evaluation is appropriate, the
11parent still has a right to an independent educational
12evaluation, but not at public expense. An independent
13educational evaluation at public expense must be completed
14within 30 days of a parent written request unless the school
15district initiates an impartial due process hearing or the
16parent or school district offers reasonable grounds to show
17that such 30 day time period should be extended. If the due
18process hearing decision indicates that the parent is entitled
19to an independent educational evaluation, it must be completed
20within 30 days of the decision unless the parent or the school
21district offers reasonable grounds to show that such 30 day
22period should be extended. If a parent disagrees with the
23summary report or recommendations of the multidisciplinary
24conference or the findings of any educational evaluation which
25results therefrom, the school district shall not proceed with a
26placement based upon such evaluation and the child shall remain

 

 

HB5447 Enrolled- 935 -LRB100 16294 AMC 31417 b

1in his or her regular classroom setting. No child shall be
2eligible for admission to a special class for children with a
3mental disability who are educable or for children with a
4mental disability who are trainable except with a psychological
5evaluation and recommendation by a school psychologist.
6Consent shall be obtained from the parent of a child before any
7evaluation is conducted. If consent is not given by the parent
8or if the parent disagrees with the findings of the evaluation,
9then the school district may initiate an impartial due process
10hearing under this Section. The school district may evaluate
11the child if that is the decision resulting from the impartial
12due process hearing and the decision is not appealed or if the
13decision is affirmed on appeal. The determination of
14eligibility shall be made and the IEP meeting shall be
15completed within 60 school days from the date of written
16parental consent. In those instances when written parental
17consent is obtained with fewer than 60 pupil attendance days
18left in the school year, the eligibility determination shall be
19made and the IEP meeting shall be completed prior to the first
20day of the following school year. Special education and related
21services must be provided in accordance with the student's IEP
22no later than 10 school attendance days after notice is
23provided to the parents pursuant to Section 300.503 of Title 34
24of the Code of Federal Regulations and implementing rules
25adopted by the State Board of Education. The appropriate
26program pursuant to the individualized educational program of

 

 

HB5447 Enrolled- 936 -LRB100 16294 AMC 31417 b

1students whose native tongue is a language other than English
2shall reflect the special education, cultural and linguistic
3needs. No later than September 1, 1993, the State Board of
4Education shall establish standards for the development,
5implementation and monitoring of appropriate bilingual special
6individualized educational programs. The State Board of
7Education shall further incorporate appropriate monitoring
8procedures to verify implementation of these standards. The
9district shall indicate to the parent and the State Board of
10Education the nature of the services the child will receive for
11the regular school term while waiting placement in the
12appropriate special education class.
13    If the child is deaf, hard of hearing, blind, or visually
14impaired and he or she might be eligible to receive services
15from the Illinois School for the Deaf or the Illinois School
16for the Visually Impaired, the school district shall notify the
17parents, in writing, of the existence of these schools and the
18services they provide and shall make a reasonable effort to
19inform the parents of the existence of other, local schools
20that provide similar services and the services that these other
21schools provide. This notification shall include without
22limitation information on school services, school admissions
23criteria, and school contact information.
24    In the development of the individualized education program
25for a student who has a disability on the autism spectrum
26(which includes autistic disorder, Asperger's disorder,

 

 

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1pervasive developmental disorder not otherwise specified,
2childhood disintegrative disorder, and Rett Syndrome, as
3defined in the Diagnostic and Statistical Manual of Mental
4Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
5consider all of the following factors:
6        (1) The verbal and nonverbal communication needs of the
7    child.
8        (2) The need to develop social interaction skills and
9    proficiencies.
10        (3) The needs resulting from the child's unusual
11    responses to sensory experiences.
12        (4) The needs resulting from resistance to
13    environmental change or change in daily routines.
14        (5) The needs resulting from engagement in repetitive
15    activities and stereotyped movements.
16        (6) The need for any positive behavioral
17    interventions, strategies, and supports to address any
18    behavioral difficulties resulting from autism spectrum
19    disorder.
20        (7) Other needs resulting from the child's disability
21    that impact progress in the general curriculum, including
22    social and emotional development.
23Public Act 95-257 does not create any new entitlement to a
24service, program, or benefit, but must not affect any
25entitlement to a service, program, or benefit created by any
26other law.

 

 

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1    If the student may be eligible to participate in the
2Home-Based Support Services Program for Adults with Mental
3Disabilities authorized under the Developmental Disability and
4Mental Disability Services Act upon becoming an adult, the
5student's individualized education program shall include plans
6for (i) determining the student's eligibility for those
7home-based services, (ii) enrolling the student in the program
8of home-based services, and (iii) developing a plan for the
9student's most effective use of the home-based services after
10the student becomes an adult and no longer receives special
11educational services under this Article. The plans developed
12under this paragraph shall include specific actions to be taken
13by specified individuals, agencies, or officials.
14    (c) In the development of the individualized education
15program for a student who is functionally blind, it shall be
16presumed that proficiency in Braille reading and writing is
17essential for the student's satisfactory educational progress.
18For purposes of this subsection, the State Board of Education
19shall determine the criteria for a student to be classified as
20functionally blind. Students who are not currently identified
21as functionally blind who are also entitled to Braille
22instruction include: (i) those whose vision loss is so severe
23that they are unable to read and write at a level comparable to
24their peers solely through the use of vision, and (ii) those
25who show evidence of progressive vision loss that may result in
26functional blindness. Each student who is functionally blind

 

 

HB5447 Enrolled- 939 -LRB100 16294 AMC 31417 b

1shall be entitled to Braille reading and writing instruction
2that is sufficient to enable the student to communicate with
3the same level of proficiency as other students of comparable
4ability. Instruction should be provided to the extent that the
5student is physically and cognitively able to use Braille.
6Braille instruction may be used in combination with other
7special education services appropriate to the student's
8educational needs. The assessment of each student who is
9functionally blind for the purpose of developing the student's
10individualized education program shall include documentation
11of the student's strengths and weaknesses in Braille skills.
12Each person assisting in the development of the individualized
13education program for a student who is functionally blind shall
14receive information describing the benefits of Braille
15instruction. The individualized education program for each
16student who is functionally blind shall specify the appropriate
17learning medium or media based on the assessment report.
18    (d) To the maximum extent appropriate, the placement shall
19provide the child with the opportunity to be educated with
20children who do not have a disability; provided that children
21with disabilities who are recommended to be placed into regular
22education classrooms are provided with supplementary services
23to assist the children with disabilities to benefit from the
24regular classroom instruction and are included on the teacher's
25regular education class register. Subject to the limitation of
26the preceding sentence, placement in special classes, separate

 

 

HB5447 Enrolled- 940 -LRB100 16294 AMC 31417 b

1schools or other removal of the child with a disability from
2the regular educational environment shall occur only when the
3nature of the severity of the disability is such that education
4in the regular classes with the use of supplementary aids and
5services cannot be achieved satisfactorily. The placement of
6English learners with disabilities shall be in non-restrictive
7environments which provide for integration with peers who do
8not have disabilities in bilingual classrooms. Annually, each
9January, school districts shall report data on students from
10non-English speaking backgrounds receiving special education
11and related services in public and private facilities as
12prescribed in Section 2-3.30. If there is a disagreement
13between parties involved regarding the special education
14placement of any child, either in-state or out-of-state, the
15placement is subject to impartial due process procedures
16described in Article 10 of the Rules and Regulations to Govern
17the Administration and Operation of Special Education.
18    (e) No child who comes from a home in which a language
19other than English is the principal language used may be
20assigned to any class or program under this Article until he
21has been given, in the principal language used by the child and
22used in his home, tests reasonably related to his cultural
23environment. All testing and evaluation materials and
24procedures utilized for evaluation and placement shall not be
25linguistically, racially or culturally discriminatory.
26    (f) Nothing in this Article shall be construed to require

 

 

HB5447 Enrolled- 941 -LRB100 16294 AMC 31417 b

1any child to undergo any physical examination or medical
2treatment whose parents object thereto on the grounds that such
3examination or treatment conflicts with his religious beliefs.
4    (g) School boards or their designee shall provide to the
5parents of a child prior written notice of any decision (a)
6proposing to initiate or change, or (b) refusing to initiate or
7change, the identification, evaluation, or educational
8placement of the child or the provision of a free appropriate
9public education to their child, and the reasons therefor. Such
10written notification shall also inform the parent of the
11opportunity to present complaints with respect to any matter
12relating to the educational placement of the student, or the
13provision of a free appropriate public education and to have an
14impartial due process hearing on the complaint. The notice
15shall inform the parents in the parents' native language,
16unless it is clearly not feasible to do so, of their rights and
17all procedures available pursuant to this Act and the federal
18Individuals with Disabilities Education Improvement Act of
192004 (Public Law 108-446); it shall be the responsibility of
20the State Superintendent to develop uniform notices setting
21forth the procedures available under this Act and the federal
22Individuals with Disabilities Education Improvement Act of
232004 (Public Law 108-446) to be used by all school boards. The
24notice shall also inform the parents of the availability upon
25request of a list of free or low-cost legal and other relevant
26services available locally to assist parents in initiating an

 

 

HB5447 Enrolled- 942 -LRB100 16294 AMC 31417 b

1impartial due process hearing. The State Superintendent shall
2revise the uniform notices required by this subsection (g) to
3reflect current law and procedures at least once every 2 years.
4Any parent who is deaf, or does not normally communicate using
5spoken English, who participates in a meeting with a
6representative of a local educational agency for the purposes
7of developing an individualized educational program shall be
8entitled to the services of an interpreter.
9    (g-5) For purposes of this subsection (g-5), "qualified
10professional" means an individual who holds credentials to
11evaluate the child in the domain or domains for which an
12evaluation is sought or an intern working under the direct
13supervision of a qualified professional, including a master's
14or doctoral degree candidate.
15    To ensure that a parent can participate fully and
16effectively with school personnel in the development of
17appropriate educational and related services for his or her
18child, the parent, an independent educational evaluator, or a
19qualified professional retained by or on behalf of a parent or
20child must be afforded reasonable access to educational
21facilities, personnel, classrooms, and buildings and to the
22child as provided in this subsection (g-5). The requirements of
23this subsection (g-5) apply to any public school facility,
24building, or program and to any facility, building, or program
25supported in whole or in part by public funds. Prior to
26visiting a school, school building, or school facility, the

 

 

HB5447 Enrolled- 943 -LRB100 16294 AMC 31417 b

1parent, independent educational evaluator, or qualified
2professional may be required by the school district to inform
3the building principal or supervisor in writing of the proposed
4visit, the purpose of the visit, and the approximate duration
5of the visit. The visitor and the school district shall arrange
6the visit or visits at times that are mutually agreeable.
7Visitors shall comply with school safety, security, and
8visitation policies at all times. School district visitation
9policies must not conflict with this subsection (g-5). Visitors
10shall be required to comply with the requirements of applicable
11privacy laws, including those laws protecting the
12confidentiality of education records such as the federal Family
13Educational Rights and Privacy Act and the Illinois School
14Student Records Act. The visitor shall not disrupt the
15educational process.
16        (1) A parent must be afforded reasonable access of
17    sufficient duration and scope for the purpose of observing
18    his or her child in the child's current educational
19    placement, services, or program or for the purpose of
20    visiting an educational placement or program proposed for
21    the child.
22        (2) An independent educational evaluator or a
23    qualified professional retained by or on behalf of a parent
24    or child must be afforded reasonable access of sufficient
25    duration and scope for the purpose of conducting an
26    evaluation of the child, the child's performance, the

 

 

HB5447 Enrolled- 944 -LRB100 16294 AMC 31417 b

1    child's current educational program, placement, services,
2    or environment, or any educational program, placement,
3    services, or environment proposed for the child, including
4    interviews of educational personnel, child observations,
5    assessments, tests or assessments of the child's
6    educational program, services, or placement or of any
7    proposed educational program, services, or placement. If
8    one or more interviews of school personnel are part of the
9    evaluation, the interviews must be conducted at a mutually
10    agreed upon time, date, and place that do not interfere
11    with the school employee's school duties. The school
12    district may limit interviews to personnel having
13    information relevant to the child's current educational
14    services, program, or placement or to a proposed
15    educational service, program, or placement.
16    (h) (Blank).
17    (i) (Blank).
18    (j) (Blank).
19    (k) (Blank).
20    (l) (Blank).
21    (m) (Blank).
22    (n) (Blank).
23    (o) (Blank).
24(Source: P.A. 99-30, eff. 7-10-15; 99-143, eff. 7-27-15;
2599-642, eff. 7-28-16; 100-122, eff. 8-18-17; revised 9-25-17.)
 

 

 

HB5447 Enrolled- 945 -LRB100 16294 AMC 31417 b

1    (105 ILCS 5/14-8.02a)
2    Sec. 14-8.02a. Impartial due process hearing; civil
3action.
4    (a) This Section shall apply to all impartial due process
5hearings requested on or after July 1, 2005. Impartial due
6process hearings requested before July 1, 2005 shall be
7governed by the rules described in Public Act 89-652.
8    (a-5) For purposes of this Section and Section 14-8.02b of
9this Code, days shall be computed in accordance with Section
101.11 of the Statute on Statutes.
11    (b) The State Board of Education shall establish an
12impartial due process hearing system in accordance with this
13Section and may, with the advice and approval of the Advisory
14Council on Education of Children with Disabilities, promulgate
15rules and regulations consistent with this Section to establish
16the rules and procedures for due process hearings.
17    (c) (Blank).
18    (d) (Blank).
19    (e) (Blank).
20    (f) An impartial due process hearing shall be convened upon
21the request of a parent, student if at least 18 years of age or
22emancipated, or a school district. A school district shall make
23a request in writing to the State Board of Education and
24promptly mail a copy of the request to the parents or student
25(if at least 18 years of age or emancipated) at the parent's or
26student's last known address. A request made by the parent or

 

 

HB5447 Enrolled- 946 -LRB100 16294 AMC 31417 b

1student shall be made in writing to the superintendent of the
2school district where the student resides. The superintendent
3shall forward the request to the State Board of Education
4within 5 days after receipt of the request. The request shall
5be filed no more than 2 years following the date the person or
6school district knew or should have known of the event or
7events forming the basis for the request. The request shall, at
8a minimum, contain all of the following:
9        (1) The name of the student, the address of the
10    student's residence, and the name of the school the student
11    is attending.
12        (2) In the case of homeless children (as defined under
13    the federal McKinney-Vento Homeless Assistance Act (42
14    U.S.C. 11434a(2))), available contact information for the
15    student and the name of the school the student is
16    attending.
17        (3) A description of the nature of the problem relating
18    to the actual or proposed placement, identification,
19    services, or evaluation of the student, including facts
20    relating to the problem.
21        (4) A proposed resolution of the problem to the extent
22    known and available to the party at the time.
23    (f-5) Within 3 days after receipt of the hearing request,
24the State Board of Education shall appoint a due process
25hearing officer using a rotating appointment system and shall
26notify the hearing officer of his or her appointment.

 

 

HB5447 Enrolled- 947 -LRB100 16294 AMC 31417 b

1    For a school district other than a school district located
2in a municipality having a population exceeding 500,000, a
3hearing officer who is a current resident of the school
4district, special education cooperative, or other public
5entity involved in the hearing shall recuse himself or herself.
6A hearing officer who is a former employee of the school
7district, special education cooperative, or other public
8entity involved in the hearing shall immediately disclose the
9former employment to the parties and shall recuse himself or
10herself, unless the parties otherwise agree in writing. A
11hearing officer having a personal or professional interest that
12may conflict with his or her objectivity in the hearing shall
13disclose the conflict to the parties and shall recuse himself
14or herself unless the parties otherwise agree in writing. For
15purposes of this subsection an assigned hearing officer shall
16be considered to have a conflict of interest if, at any time
17prior to the issuance of his or her written decision, he or she
18knows or should know that he or she may receive remuneration
19from a party to the hearing within 3 years following the
20conclusion of the due process hearing.
21    A party to a due process hearing shall be permitted one
22substitution of hearing officer as a matter of right, in
23accordance with procedures established by the rules adopted by
24the State Board of Education under this Section. The State
25Board of Education shall randomly select and appoint another
26hearing officer within 3 days after receiving notice that the

 

 

HB5447 Enrolled- 948 -LRB100 16294 AMC 31417 b

1appointed hearing officer is ineligible to serve or upon
2receiving a proper request for substitution of hearing officer.
3If a party withdraws its request for a due process hearing
4after a hearing officer has been appointed, that hearing
5officer shall retain jurisdiction over a subsequent hearing
6that involves the same parties and is requested within one year
7from the date of withdrawal of the previous request, unless
8that hearing officer is unavailable.
9    Any party may raise facts that constitute a conflict of
10interest for the hearing officer at any time before or during
11the hearing and may move for recusal.
12    (g) Impartial due process hearings shall be conducted
13pursuant to this Section and any rules and regulations
14promulgated by the State Board of Education consistent with
15this Section and other governing laws and regulations. The
16hearing shall address only those issues properly raised in the
17hearing request under subsection (f) of this Section or, if
18applicable, in the amended hearing request under subsection
19(g-15) of this Section. The hearing shall be closed to the
20public unless the parents request that the hearing be open to
21the public. The parents involved in the hearing shall have the
22right to have the student who is the subject of the hearing
23present. The hearing shall be held at a time and place which
24are reasonably convenient to the parties involved. Upon the
25request of a party, the hearing officer shall hold the hearing
26at a location neutral to the parties if the hearing officer

 

 

HB5447 Enrolled- 949 -LRB100 16294 AMC 31417 b

1determines that there is no cost for securing the use of the
2neutral location. Once appointed, the impartial due process
3hearing officer shall not communicate with the State Board of
4Education or its employees concerning the hearing, except that,
5where circumstances require, communications for administrative
6purposes that do not deal with substantive or procedural
7matters or issues on the merits are authorized, provided that
8the hearing officer promptly notifies all parties of the
9substance of the communication as a matter of record.
10    (g-5) Unless the school district has previously provided
11prior written notice to the parent or student (if at least 18
12years of age or emancipated) regarding the subject matter of
13the hearing request, the school district shall, within 10 days
14after receiving a hearing request initiated by a parent or
15student (if at least 18 years of age or emancipated), provide a
16written response to the request that shall include all of the
17following:
18        (1) An explanation of why the school district proposed
19    or refused to take the action or actions described in the
20    hearing request.
21        (2) A description of other options the IEP team
22    considered and the reasons why those options were rejected.
23        (3) A description of each evaluation procedure,
24    assessment, record, report, or other evidence the school
25    district used as the basis for the proposed or refused
26    action or actions.

 

 

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1        (4) A description of the factors that are or were
2    relevant to the school district's proposed or refused
3    action or actions.
4    (g-10) When the hearing request has been initiated by a
5school district, within 10 days after receiving the request,
6the parent or student (if at least 18 years of age or
7emancipated) shall provide the school district with a response
8that specifically addresses the issues raised in the school
9district's hearing request. The parent's or student's response
10shall be provided in writing, unless he or she is illiterate or
11has a disability that prevents him or her from providing a
12written response. The parent's or student's response may be
13provided in his or her native language, if other than English.
14In the event that illiteracy or another disabling condition
15prevents the parent or student from providing a written
16response, the school district shall assist the parent or
17student in providing the written response.
18    (g-15) Within 15 days after receiving notice of the hearing
19request, the non-requesting party may challenge the
20sufficiency of the request by submitting its challenge in
21writing to the hearing officer. Within 5 days after receiving
22the challenge to the sufficiency of the request, the hearing
23officer shall issue a determination of the challenge in writing
24to the parties. In the event that the hearing officer upholds
25the challenge, the party who requested the hearing may, with
26the consent of the non-requesting party or hearing officer,

 

 

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1file an amended request. Amendments are permissible for the
2purpose of raising issues beyond those in the initial hearing
3request. In addition, the party who requested the hearing may
4amend the request once as a matter of right by filing the
5amended request within 5 days after filing the initial request.
6An amended request, other than an amended request as a matter
7of right, shall be filed by the date determined by the hearing
8officer, but in no event any later than 5 days prior to the
9date of the hearing. If an amended request, other than an
10amended request as a matter of right, raises issues that were
11not part of the initial request, the applicable timeline for a
12hearing, including the timeline under subsection (g-20) of this
13Section, shall recommence.
14    (g-20) Within 15 days after receiving a request for a
15hearing from a parent or student (if at least 18 years of age
16or emancipated) or, in the event that the school district
17requests a hearing, within 15 days after initiating the
18request, the school district shall convene a resolution meeting
19with the parent and relevant members of the IEP team who have
20specific knowledge of the facts contained in the request for
21the purpose of resolving the problem that resulted in the
22request. The resolution meeting shall include a representative
23of the school district who has decision-making authority on
24behalf of the school district. Unless the parent is accompanied
25by an attorney at the resolution meeting, the school district
26may not include an attorney representing the school district.

 

 

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1    The resolution meeting may not be waived unless agreed to
2in writing by the school district and the parent or student (if
3at least 18 years of age or emancipated) or the parent or
4student (if at least 18 years of age or emancipated) and the
5school district agree in writing to utilize mediation in place
6of the resolution meeting. If either party fails to cooperate
7in the scheduling or convening of the resolution meeting, the
8hearing officer may order an extension of the timeline for
9completion of the resolution meeting or, upon the motion of a
10party and at least 7 days after ordering the non-cooperating
11party to cooperate, order the dismissal of the hearing request
12or the granting of all relief set forth in the request, as
13appropriate.
14    In the event that the school district and the parent or
15student (if at least 18 years of age or emancipated) agree to a
16resolution of the problem that resulted in the hearing request,
17the terms of the resolution shall be committed to writing and
18signed by the parent or student (if at least 18 years of age or
19emancipated) and the representative of the school district with
20decision-making authority. The agreement shall be legally
21binding and shall be enforceable in any State or federal court
22of competent jurisdiction. In the event that the parties
23utilize the resolution meeting process, the process shall
24continue until no later than the 30th day following the receipt
25of the hearing request by the non-requesting party (or as
26properly extended by order of the hearing officer) to resolve

 

 

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1the issues underlying the request, at which time the timeline
2for completion of the impartial due process hearing shall
3commence. The State Board of Education may, by rule, establish
4additional procedures for the conduct of resolution meetings.
5    (g-25) If mutually agreed to in writing, the parties to a
6hearing request may request State-sponsored mediation as a
7substitute for the resolution process described in subsection
8(g-20) of this Section or may utilize mediation at the close of
9the resolution process if all issues underlying the hearing
10request have not been resolved through the resolution process.
11    (g-30) If mutually agreed to in writing, the parties to a
12hearing request may waive the resolution process described in
13subsection (g-20) of this Section. Upon signing a written
14agreement to waive the resolution process, the parties shall be
15required to forward the written waiver to the hearing officer
16appointed to the case within 2 business days following the
17signing of the waiver by the parties. The timeline for the
18impartial due process hearing shall commence on the date of the
19signing of the waiver by the parties.
20    (g-35) The timeline for completing the impartial due
21process hearing, as set forth in subsection (h) of this
22Section, shall be initiated upon the occurrence of any one of
23the following events:
24        (1) The unsuccessful completion of the resolution
25    process as described in subsection (g-20) of this Section.
26        (2) The mutual agreement of the parties to waive the

 

 

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1    resolution process as described in subsection (g-25) or
2    (g-30) of this Section.
3    (g-40) The hearing officer shall convene a prehearing
4conference no later than 14 days before the scheduled date for
5the due process hearing for the general purpose of aiding in
6the fair, orderly, and expeditious conduct of the hearing. The
7hearing officer shall provide the parties with written notice
8of the prehearing conference at least 7 days in advance of the
9conference. The written notice shall require the parties to
10notify the hearing officer by a date certain whether they
11intend to participate in the prehearing conference. The hearing
12officer may conduct the prehearing conference in person or by
13telephone. Each party shall at the prehearing conference (1)
14disclose whether it is represented by legal counsel or intends
15to retain legal counsel; (2) clarify matters it believes to be
16in dispute in the case and the specific relief being sought;
17(3) disclose whether there are any additional evaluations for
18the student that it intends to introduce into the hearing
19record that have not been previously disclosed to the other
20parties; (4) disclose a list of all documents it intends to
21introduce into the hearing record, including the date and a
22brief description of each document; and (5) disclose the names
23of all witnesses it intends to call to testify at the hearing.
24The hearing officer shall specify the order of presentation to
25be used at the hearing. If the prehearing conference is held by
26telephone, the parties shall transmit the information required

 

 

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1in this paragraph in such a manner that it is available to all
2parties at the time of the prehearing conference. The State
3Board of Education may, by rule, establish additional
4procedures for the conduct of prehearing conferences.
5    (g-45) The impartial due process hearing officer shall not
6initiate or participate in any ex parte communications with the
7parties, except to arrange the date, time, and location of the
8prehearing conference, due process hearing, or other status
9conferences convened at the discretion of the hearing officer
10and to receive confirmation of whether a party intends to
11participate in the prehearing conference.
12    (g-50) The parties shall disclose and provide to each other
13any evidence which they intend to submit into the hearing
14record no later than 5 days before the hearing. Any party to a
15hearing has the right to prohibit the introduction of any
16evidence at the hearing that has not been disclosed to that
17party at least 5 days before the hearing. The party requesting
18a hearing shall not be permitted at the hearing to raise issues
19that were not raised in the party's initial or amended request,
20unless otherwise permitted in this Section.
21    (g-55) All reasonable efforts must be made by the parties
22to present their respective cases at the hearing within a
23cumulative period of 7 days. When scheduling hearing dates, the
24hearing officer shall schedule the final day of the hearing no
25more than 30 calendar days after the first day of the hearing
26unless good cause is shown. This subsection (g-55) shall not be

 

 

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1applied in a manner that (i) denies any party to the hearing a
2fair and reasonable allocation of time and opportunity to
3present its case in its entirety or (ii) deprives any party to
4the hearing of the safeguards accorded under the federal
5Individuals with Disabilities Education Improvement Act of
62004 (Public Law 108-446), regulations promulgated under the
7Individuals with Disabilities Education Improvement Act of
82004, or any other applicable law. The school district shall
9present evidence that the special education needs of the child
10have been appropriately identified and that the special
11education program and related services proposed to meet the
12needs of the child are adequate, appropriate, and available.
13Any party to the hearing shall have the right to (1) be
14represented by counsel and be accompanied and advised by
15individuals with special knowledge or training with respect to
16the problems of children with disabilities, at the party's own
17expense; (2) present evidence and confront and cross-examine
18witnesses; (3) move for the exclusion of witnesses from the
19hearing until they are called to testify, provided, however,
20that this provision may not be invoked to exclude the
21individual designated by a party to assist that party or its
22representative in the presentation of the case; (4) obtain a
23written or electronic verbatim record of the proceedings within
2430 days of receipt of a written request from the parents by the
25school district; and (5) obtain a written decision, including
26findings of fact and conclusions of law, within 10 days after

 

 

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1the conclusion of the hearing. If at issue, the school district
2shall present evidence that it has properly identified and
3evaluated the nature and severity of the student's suspected or
4identified disability and that, if the student has been or
5should have been determined eligible for special education and
6related services, that it is providing or has offered a free
7appropriate public education to the student in the least
8restrictive environment, consistent with procedural safeguards
9and in accordance with an individualized educational program.
10At any time prior to the conclusion of the hearing, the
11impartial due process hearing officer shall have the authority
12to require additional information and order independent
13evaluations for the student at the expense of the school
14district. The State Board of Education and the school district
15shall share equally the costs of providing a written or
16electronic verbatim record of the proceedings. Any party may
17request that the due process hearing officer issue a subpoena
18to compel the testimony of witnesses or the production of
19documents relevant to the resolution of the hearing. Whenever a
20person refuses to comply with any subpoena issued under this
21Section, the circuit court of the county in which that hearing
22is pending, on application of the impartial hearing officer or
23the party requesting the issuance of the subpoena, may compel
24compliance through the contempt powers of the court in the same
25manner as if the requirements of a subpoena issued by the court
26had been disobeyed.

 

 

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1    (h) The impartial hearing officer shall issue a written
2decision, including findings of fact and conclusions of law,
3within 10 days after the conclusion of the hearing and send by
4certified mail a copy of the decision to the parents or student
5(if the student requests the hearing), the school district, the
6director of special education, legal representatives of the
7parties, and the State Board of Education. Unless the hearing
8officer has granted specific extensions of time at the request
9of a party, a final decision, including the clarification of a
10decision requested under this subsection, shall be reached and
11mailed to the parties named above not later than 45 days after
12the initiation of the timeline for conducting the hearing, as
13described in subsection (g-35) of this Section. The decision
14shall specify the educational and related services that shall
15be provided to the student in accordance with the student's
16needs and the timeline for which the school district shall
17submit evidence to the State Board of Education to demonstrate
18compliance with the hearing officer's decision in the event
19that the decision orders the school district to undertake
20corrective action. The hearing officer shall retain
21jurisdiction for the sole purpose of considering a request for
22clarification of the final decision submitted in writing by a
23party to the impartial hearing officer within 5 days after
24receipt of the decision. A copy of the request for
25clarification shall specify the portions of the decision for
26which clarification is sought and shall be mailed to all

 

 

HB5447 Enrolled- 959 -LRB100 16294 AMC 31417 b

1parties of record and to the State Board of Education. The
2request shall operate to stay implementation of those portions
3of the decision for which clarification is sought, pending
4action on the request by the hearing officer, unless the
5parties otherwise agree. The hearing officer shall issue a
6clarification of the specified portion of the decision or issue
7a partial or full denial of the request in writing within 10
8days of receipt of the request and mail copies to all parties
9to whom the decision was mailed. This subsection does not
10permit a party to request, or authorize a hearing officer to
11entertain, reconsideration of the decision itself. The statute
12of limitations for seeking review of the decision shall be
13tolled from the date the request is submitted until the date
14the hearing officer acts upon the request. The hearing
15officer's decision shall be binding upon the school district
16and the parents unless a civil action is commenced.
17    (i) Any party to an impartial due process hearing aggrieved
18by the final written decision of the impartial due process
19hearing officer shall have the right to commence a civil action
20with respect to the issues presented in the impartial due
21process hearing. That civil action shall be brought in any
22court of competent jurisdiction within 120 days after a copy of
23the decision of the impartial due process hearing officer is
24mailed to the party as provided in subsection (h). The civil
25action authorized by this subsection shall not be exclusive of
26any rights or causes of action otherwise available. The

 

 

HB5447 Enrolled- 960 -LRB100 16294 AMC 31417 b

1commencement of a civil action under this subsection shall
2operate as a supersedeas. In any action brought under this
3subsection the Court shall receive the records of the impartial
4due process hearing, shall hear additional evidence at the
5request of a party, and, basing its decision on the
6preponderance of the evidence, shall grant such relief as the
7court determines is appropriate. In any instance where a school
8district willfully disregards applicable regulations or
9statutes regarding a child covered by this Article, and which
10disregard has been detrimental to the child, the school
11district shall be liable for any reasonable attorney's fees
12incurred by the parent in connection with proceedings under
13this Section.
14    (j) During the pendency of any administrative or judicial
15proceeding conducted pursuant to this Section, including
16mediation (if the school district or other public entity
17voluntarily agrees to participate in mediation), unless the
18school district and the parents or student (if at least 18
19years of age or emancipated) otherwise agree, the student shall
20remain in his or her present educational placement and continue
21in his or her present eligibility status and special education
22and related services, if any. If mediation fails to resolve the
23dispute between the parties, or if the parties do not agree to
24use mediation, the parent (or student if 18 years of age or
25older or emancipated) shall have 10 days after the mediation
26concludes, or after a party declines to use mediation, to file

 

 

HB5447 Enrolled- 961 -LRB100 16294 AMC 31417 b

1a request for a due process hearing in order to continue to
2invoke the "stay-put" provisions of this subsection (j). If
3applying for initial admission to the school district, the
4student shall, with the consent of the parents (if the student
5is not at least 18 years of age or emancipated), be placed in
6the school district program until all such proceedings have
7been completed. The costs for any special education and related
8services or placement incurred following 60 school days after
9the initial request for evaluation shall be borne by the school
10district if the services or placement is in accordance with the
11final determination as to the special education and related
12services or placement that must be provided to the child,
13provided that during that 60-day 60 day period there have been
14no delays caused by the child's parent. The requirements and
15procedures of this subsection (j) shall be included in the
16uniform notices developed by the State Superintendent under
17subsection (g) of Section 14-8.02 of this Code.
18    (k) Whenever the parents of a child of the type described
19in Section 14-1.02 are not known or , are unavailable, or the
20child is a youth in care as defined in Section 4d of the
21Children and Family Services Act, a person shall be assigned to
22serve as surrogate parent for the child in matters relating to
23the identification, evaluation, and educational placement of
24the child and the provision of a free appropriate public
25education to the child. Persons shall be assigned as surrogate
26parents by the State Superintendent of Education. The State

 

 

HB5447 Enrolled- 962 -LRB100 16294 AMC 31417 b

1Board of Education shall promulgate rules and regulations
2establishing qualifications of those persons and their
3responsibilities and the procedures to be followed in making
4assignments of persons as surrogate parents. Surrogate parents
5shall not be employees of the school district, an agency
6created by joint agreement under Section 10-22.31, an agency
7involved in the education or care of the student, or the State
8Board of Education. Services of any person assigned as
9surrogate parent shall terminate if the parent becomes
10available unless otherwise requested by the parents. The
11assignment of a person as surrogate parent at no time
12supersedes, terminates, or suspends the parents' legal
13authority relative to the child. Any person participating in
14good faith as surrogate parent on behalf of the child before
15school officials or a hearing officer shall have immunity from
16civil or criminal liability that otherwise might result by
17reason of that participation, except in cases of willful and
18wanton misconduct.
19    (l) At all stages of the hearing, the hearing officer shall
20require that interpreters be made available by the school
21district for persons who are deaf or for persons whose normally
22spoken language is other than English.
23    (m) If any provision of this Section or its application to
24any person or circumstance is held invalid, the invalidity of
25that provision or application does not affect other provisions
26or applications of the Section that can be given effect without

 

 

HB5447 Enrolled- 963 -LRB100 16294 AMC 31417 b

1the invalid application or provision, and to this end the
2provisions of this Section are severable, unless otherwise
3provided by this Section.
4(Source: P.A. 100-122, eff. 8-18-17; 100-159, eff. 8-18-17;
5revised 1-22-18.)
 
6    (105 ILCS 5/14-13.01)  (from Ch. 122, par. 14-13.01)
7    Sec. 14-13.01. Reimbursement payable by State; amounts for
8personnel and transportation.
9    (a) Through fiscal year 2017, for staff working on behalf
10of children who have not been identified as eligible for
11special education and for eligible children with physical
12disabilities, including all eligible children whose placement
13has been determined under Section 14-8.02 in hospital or home
14instruction, 1/2 of the teacher's salary but not more than
15$1,000 annually per child or $9,000 per teacher, whichever is
16less.
17    (a-5) A child qualifies for home or hospital instruction if
18it is anticipated that, due to a medical condition, the child
19will be unable to attend school, and instead must be instructed
20at home or in the hospital, for a period of 2 or more
21consecutive weeks or on an ongoing intermittent basis. For
22purposes of this Section, "ongoing intermittent basis" means
23that the child's medical condition is of such a nature or
24severity that it is anticipated that the child will be absent
25from school due to the medical condition for periods of at

 

 

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1least 2 days at a time multiple times during the school year
2totaling at least 10 days or more of absences. There shall be
3no requirement that a child be absent from school a minimum
4number of days before the child qualifies for home or hospital
5instruction. In order to establish eligibility for home or
6hospital services, a student's parent or guardian must submit
7to the child's school district of residence a written statement
8from a physician licensed to practice medicine in all of its
9branches, a licensed physician assistant, or a licensed
10advanced practice registered nurse stating the existence of
11such medical condition, the impact on the child's ability to
12participate in education, and the anticipated duration or
13nature of the child's absence from school. Home or hospital
14instruction may commence upon receipt of a written physician's,
15physician assistant's, or advanced practice registered nurse's
16statement in accordance with this Section, but instruction
17shall commence not later than 5 school days after the school
18district receives the physician's, physician assistant's, or
19advanced practice registered nurse's statement. Special
20education and related services required by the child's IEP or
21services and accommodations required by the child's federal
22Section 504 plan must be implemented as part of the child's
23home or hospital instruction, unless the IEP team or federal
24Section 504 plan team determines that modifications are
25necessary during the home or hospital instruction due to the
26child's condition.

 

 

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1    (a-10) Through fiscal year 2017, eligible children to be
2included in any reimbursement under this paragraph must
3regularly receive a minimum of one hour of instruction each
4school day, or in lieu thereof of a minimum of 5 hours of
5instruction in each school week in order to qualify for full
6reimbursement under this Section. If the attending physician,
7physician assistant, or advanced practice registered nurse for
8such a child has certified that the child should not receive as
9many as 5 hours of instruction in a school week, however,
10reimbursement under this paragraph on account of that child
11shall be computed proportionate to the actual hours of
12instruction per week for that child divided by 5.
13    (a-15) The State Board of Education shall establish rules
14governing the required qualifications of staff providing home
15or hospital instruction.
16    (b) For children described in Section 14-1.02, 80% of the
17cost of transportation approved as a related service in the
18Individualized Education Program for each student in order to
19take advantage of special educational facilities.
20Transportation costs shall be determined in the same fashion as
21provided in Section 29-5 of this Code. For purposes of this
22subsection (b), the dates for processing claims specified in
23Section 29-5 shall apply.
24    (c) Through fiscal year 2017, for each qualified worker,
25the annual sum of $9,000.
26    (d) Through fiscal year 2017, for one full-time full time

 

 

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1qualified director of the special education program of each
2school district which maintains a fully approved program of
3special education, the annual sum of $9,000. Districts
4participating in a joint agreement special education program
5shall not receive such reimbursement if reimbursement is made
6for a director of the joint agreement program.
7    (e) (Blank).
8    (f) (Blank).
9    (g) Through fiscal year 2017, for readers, working with
10blind or partially seeing children, 1/2 of their salary but not
11more than $400 annually per child. Readers may be employed to
12assist such children and shall not be required to be certified
13but prior to employment shall meet standards set up by the
14State Board of Education.
15    (h) Through fiscal year 2017, for non-certified employees,
16as defined by rules promulgated by the State Board of
17Education, who deliver services to students with IEPs, 1/2 of
18the salary paid or $3,500 per employee, whichever is less.
19    (i) The State Board of Education shall set standards and
20prescribe rules for determining the allocation of
21reimbursement under this section on less than a full time basis
22and for less than a school year.
23    When any school district eligible for reimbursement under
24this Section operates a school or program approved by the State
25Superintendent of Education for a number of days in excess of
26the adopted school calendar but not to exceed 235 school days,

 

 

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1such reimbursement shall be increased by 1/180 of the amount or
2rate paid hereunder for each day such school is operated in
3excess of 180 days per calendar year.
4    Notwithstanding any other provision of law, any school
5district receiving a payment under this Section or under
6Section 14-7.02, 14-7.02b, or 29-5 of this Code may classify
7all or a portion of the funds that it receives in a particular
8fiscal year or from evidence-based funding pursuant to Section
918-8.15 of this Code as funds received in connection with any
10funding program for which it is entitled to receive funds from
11the State in that fiscal year (including, without limitation,
12any funding program referenced in this Section), regardless of
13the source or timing of the receipt. The district may not
14classify more funds as funds received in connection with the
15funding program than the district is entitled to receive in
16that fiscal year for that program. Any classification by a
17district must be made by a resolution of its board of
18education. The resolution must identify the amount of any
19payments or evidence-based funding to be classified under this
20paragraph and must specify the funding program to which the
21funds are to be treated as received in connection therewith.
22This resolution is controlling as to the classification of
23funds referenced therein. A certified copy of the resolution
24must be sent to the State Superintendent of Education. The
25resolution shall still take effect even though a copy of the
26resolution has not been sent to the State Superintendent of

 

 

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1Education in a timely manner. No classification under this
2paragraph by a district shall affect the total amount or timing
3of money the district is entitled to receive under this Code.
4No classification under this paragraph by a district shall in
5any way relieve the district from or affect any requirements
6that otherwise would apply with respect to that funding
7program, including any accounting of funds by source, reporting
8expenditures by original source and purpose, reporting
9requirements, or requirements of providing services.
10    No funding shall be provided to school districts under this
11Section after fiscal year 2017. In fiscal year 2018 and each
12fiscal year thereafter, all funding received by a school
13district from the State pursuant to Section 18-8.15 of this
14Code that is attributable to personnel reimbursements for
15special education pupils must be used for special education
16services authorized under this Code.
17(Source: P.A. 100-443, eff. 8-25-17; 100-465, eff. 8-31-17;
18revised 9-25-17.)
 
19    (105 ILCS 5/17-2A)  (from Ch. 122, par. 17-2A)
20    Sec. 17-2A. Interfund transfers.
21    (a) The school board of any district having a population of
22less than 500,000 inhabitants may, by proper resolution
23following a public hearing set by the school board or the
24president of the school board (that is preceded (i) by at least
25one published notice over the name of the clerk or secretary of

 

 

HB5447 Enrolled- 969 -LRB100 16294 AMC 31417 b

1the board, occurring at least 7 days and not more than 30 days
2prior to the hearing, in a newspaper of general circulation
3within the school district and (ii) by posted notice over the
4name of the clerk or secretary of the board, at least 48 hours
5before the hearing, at the principal office of the school board
6or at the building where the hearing is to be held if a
7principal office does not exist, with both notices setting
8forth the time, date, place, and subject matter of the
9hearing), transfer money from (1) the Educational Fund to the
10Operations and Maintenance Fund or the Transportation Fund, (2)
11the Operations and Maintenance Fund to the Educational Fund or
12the Transportation Fund, (3) the Transportation Fund to the
13Educational Fund or the Operations and Maintenance Fund, or (4)
14the Tort Immunity Fund to the Operations and Maintenance Fund
15of said district, provided that, except during the period from
16July 1, 2003 through June 30, 2020, such transfer is made
17solely for the purpose of meeting one-time, non-recurring
18expenses. Except during the period from July 1, 2003 through
19June 30, 2020 and except as otherwise provided in subsection
20(b) of this Section, any other permanent interfund transfers
21authorized by any provision or judicial interpretation of this
22Code for which the transferee fund is not precisely and
23specifically set forth in the provision of this Code
24authorizing such transfer shall be made to the fund of the
25school district most in need of the funds being transferred, as
26determined by resolution of the school board.

 

 

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1    (b) (Blank).
2    (c) Notwithstanding subsection (a) of this Section or any
3other provision of this Code to the contrary, the school board
4of any school district (i) that is subject to the Property Tax
5Extension Limitation Law, (ii) that is an elementary district
6servicing students in grades K through 8, (iii) whose territory
7is in one county, (iv) that is eligible for Section 7002
8Federal Impact Aid, and (v) that has no more than $81,000 in
9funds remaining from refinancing bonds that were refinanced a
10minimum of 5 years prior to January 20, 2017 (the effective
11date of Public Act 99-926) may make a one-time transfer of the
12funds remaining from the refinancing bonds to the Operations
13and Maintenance Fund of the district by proper resolution
14following a public hearing set by the school board or the
15president of the school board, with notice as provided in
16subsection (a) of this Section, so long as the district meets
17the qualifications set forth in this subsection (c) on January
1820, 2017 (the effective date of Public Act 99-926).
19    (d) Notwithstanding subsection (a) of this Section or any
20other provision of this Code to the contrary, the school board
21of any school district (i) that is subject to the Property Tax
22Extension Limitation Law, (ii) that is a community unit school
23district servicing students in grades K through 12, (iii) whose
24territory is in one county, (iv) that owns property designated
25by the United States as a Superfund site pursuant to the
26federal Comprehensive Environmental Response, Compensation and

 

 

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1Liability Act of 1980 (42 U.S.C. 9601 et seq.), and (v) that
2has an excess accumulation of funds in its bond fund, including
3funds accumulated prior to July 1, 2000, may make a one-time
4transfer of those excess funds accumulated prior to July 1,
52000 to the Operations and Maintenance Fund of the district by
6proper resolution following a public hearing set by the school
7board or the president of the school board, with notice as
8provided in subsection (a) of this Section, so long as the
9district meets the qualifications set forth in this subsection
10(d) on August 4, 2017 (the effective date of Public Act 100-32)
11this amendatory Act of the 100th General Assembly.
12(Source: P.A. 99-713, eff. 8-5-16; 99-922, eff. 1-17-17;
1399-926, eff. 1-20-17; 100-32, eff. 8-4-17; 100-465, eff.
148-31-17; revised 9-25-17.)
 
15    (105 ILCS 5/18-8.05)
16    Sec. 18-8.05. Basis for apportionment of general State
17financial aid and supplemental general State aid to the common
18schools for the 1998-1999 through the 2016-2017 school years.
 
19(A) General Provisions.
20    (1) The provisions of this Section relating to the
21calculation and apportionment of general State financial aid
22and supplemental general State aid apply to the 1998-1999
23through the 2016-2017 school years. The system of general State
24financial aid provided for in this Section is designed to

 

 

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1assure that, through a combination of State financial aid and
2required local resources, the financial support provided each
3pupil in Average Daily Attendance equals or exceeds a
4prescribed per pupil Foundation Level. This formula approach
5imputes a level of per pupil Available Local Resources and
6provides for the basis to calculate a per pupil level of
7general State financial aid that, when added to Available Local
8Resources, equals or exceeds the Foundation Level. The amount
9of per pupil general State financial aid for school districts,
10in general, varies in inverse relation to Available Local
11Resources. Per pupil amounts are based upon each school
12district's Average Daily Attendance as that term is defined in
13this Section.
14    (2) In addition to general State financial aid, school
15districts with specified levels or concentrations of pupils
16from low income households are eligible to receive supplemental
17general State financial aid grants as provided pursuant to
18subsection (H). The supplemental State aid grants provided for
19school districts under subsection (H) shall be appropriated for
20distribution to school districts as part of the same line item
21in which the general State financial aid of school districts is
22appropriated under this Section.
23    (3) To receive financial assistance under this Section,
24school districts are required to file claims with the State
25Board of Education, subject to the following requirements:
26        (a) Any school district which fails for any given

 

 

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1    school year to maintain school as required by law, or to
2    maintain a recognized school is not eligible to file for
3    such school year any claim upon the Common School Fund. In
4    case of nonrecognition of one or more attendance centers in
5    a school district otherwise operating recognized schools,
6    the claim of the district shall be reduced in the
7    proportion which the Average Daily Attendance in the
8    attendance center or centers bear to the Average Daily
9    Attendance in the school district. A "recognized school"
10    means any public school which meets the standards as
11    established for recognition by the State Board of
12    Education. A school district or attendance center not
13    having recognition status at the end of a school term is
14    entitled to receive State aid payments due upon a legal
15    claim which was filed while it was recognized.
16        (b) School district claims filed under this Section are
17    subject to Sections 18-9 and 18-12, except as otherwise
18    provided in this Section.
19        (c) If a school district operates a full year school
20    under Section 10-19.1, the general State aid to the school
21    district shall be determined by the State Board of
22    Education in accordance with this Section as near as may be
23    applicable.
24        (d) (Blank).
25    (4) Except as provided in subsections (H) and (L), the
26board of any district receiving any of the grants provided for

 

 

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1in this Section may apply those funds to any fund so received
2for which that board is authorized to make expenditures by law.
3    School districts are not required to exert a minimum
4Operating Tax Rate in order to qualify for assistance under
5this Section.
6    (5) As used in this Section the following terms, when
7capitalized, shall have the meaning ascribed herein:
8        (a) "Average Daily Attendance": A count of pupil
9    attendance in school, averaged as provided for in
10    subsection (C) and utilized in deriving per pupil financial
11    support levels.
12        (b) "Available Local Resources": A computation of
13    local financial support, calculated on the basis of Average
14    Daily Attendance and derived as provided pursuant to
15    subsection (D).
16        (c) "Corporate Personal Property Replacement Taxes":
17    Funds paid to local school districts pursuant to "An Act in
18    relation to the abolition of ad valorem personal property
19    tax and the replacement of revenues lost thereby, and
20    amending and repealing certain Acts and parts of Acts in
21    connection therewith", certified August 14, 1979, as
22    amended (Public Act 81-1st S.S.-1).
23        (d) "Foundation Level": A prescribed level of per pupil
24    financial support as provided for in subsection (B).
25        (e) "Operating Tax Rate": All school district property
26    taxes extended for all purposes, except Bond and Interest,

 

 

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1    Summer School, Rent, Capital Improvement, and Vocational
2    Education Building purposes.
 
3(B) Foundation Level.
4    (1) The Foundation Level is a figure established by the
5State representing the minimum level of per pupil financial
6support that should be available to provide for the basic
7education of each pupil in Average Daily Attendance. As set
8forth in this Section, each school district is assumed to exert
9a sufficient local taxing effort such that, in combination with
10the aggregate of general State financial aid provided the
11district, an aggregate of State and local resources are
12available to meet the basic education needs of pupils in the
13district.
14    (2) For the 1998-1999 school year, the Foundation Level of
15support is $4,225. For the 1999-2000 school year, the
16Foundation Level of support is $4,325. For the 2000-2001 school
17year, the Foundation Level of support is $4,425. For the
182001-2002 school year and 2002-2003 school year, the Foundation
19Level of support is $4,560. For the 2003-2004 school year, the
20Foundation Level of support is $4,810. For the 2004-2005 school
21year, the Foundation Level of support is $4,964. For the
222005-2006 school year, the Foundation Level of support is
23$5,164. For the 2006-2007 school year, the Foundation Level of
24support is $5,334. For the 2007-2008 school year, the
25Foundation Level of support is $5,734. For the 2008-2009 school

 

 

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1year, the Foundation Level of support is $5,959.
2    (3) For the 2009-2010 school year and each school year
3thereafter, the Foundation Level of support is $6,119 or such
4greater amount as may be established by law by the General
5Assembly.
 
6(C) Average Daily Attendance.
7    (1) For purposes of calculating general State aid pursuant
8to subsection (E), an Average Daily Attendance figure shall be
9utilized. The Average Daily Attendance figure for formula
10calculation purposes shall be the monthly average of the actual
11number of pupils in attendance of each school district, as
12further averaged for the best 3 months of pupil attendance for
13each school district. In compiling the figures for the number
14of pupils in attendance, school districts and the State Board
15of Education shall, for purposes of general State aid funding,
16conform attendance figures to the requirements of subsection
17(F).
18    (2) The Average Daily Attendance figures utilized in
19subsection (E) shall be the requisite attendance data for the
20school year immediately preceding the school year for which
21general State aid is being calculated or the average of the
22attendance data for the 3 preceding school years, whichever is
23greater. The Average Daily Attendance figures utilized in
24subsection (H) shall be the requisite attendance data for the
25school year immediately preceding the school year for which

 

 

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1general State aid is being calculated.
 
2(D) Available Local Resources.
3    (1) For purposes of calculating general State aid pursuant
4to subsection (E), a representation of Available Local
5Resources per pupil, as that term is defined and determined in
6this subsection, shall be utilized. Available Local Resources
7per pupil shall include a calculated dollar amount representing
8local school district revenues from local property taxes and
9from Corporate Personal Property Replacement Taxes, expressed
10on the basis of pupils in Average Daily Attendance. Calculation
11of Available Local Resources shall exclude any tax amnesty
12funds received as a result of Public Act 93-26.
13    (2) In determining a school district's revenue from local
14property taxes, the State Board of Education shall utilize the
15equalized assessed valuation of all taxable property of each
16school district as of September 30 of the previous year. The
17equalized assessed valuation utilized shall be obtained and
18determined as provided in subsection (G).
19    (3) For school districts maintaining grades kindergarten
20through 12, local property tax revenues per pupil shall be
21calculated as the product of the applicable equalized assessed
22valuation for the district multiplied by 3.00%, and divided by
23the district's Average Daily Attendance figure. For school
24districts maintaining grades kindergarten through 8, local
25property tax revenues per pupil shall be calculated as the

 

 

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1product of the applicable equalized assessed valuation for the
2district multiplied by 2.30%, and divided by the district's
3Average Daily Attendance figure. For school districts
4maintaining grades 9 through 12, local property tax revenues
5per pupil shall be the applicable equalized assessed valuation
6of the district multiplied by 1.05%, and divided by the
7district's Average Daily Attendance figure.
8    For partial elementary unit districts created pursuant to
9Article 11E of this Code, local property tax revenues per pupil
10shall be calculated as the product of the equalized assessed
11valuation for property within the partial elementary unit
12district for elementary purposes, as defined in Article 11E of
13this Code, multiplied by 2.06% and divided by the district's
14Average Daily Attendance figure, plus the product of the
15equalized assessed valuation for property within the partial
16elementary unit district for high school purposes, as defined
17in Article 11E of this Code, multiplied by 0.94% and divided by
18the district's Average Daily Attendance figure.
19    (4) The Corporate Personal Property Replacement Taxes paid
20to each school district during the calendar year one year
21before the calendar year in which a school year begins, divided
22by the Average Daily Attendance figure for that district, shall
23be added to the local property tax revenues per pupil as
24derived by the application of the immediately preceding
25paragraph (3). The sum of these per pupil figures for each
26school district shall constitute Available Local Resources as

 

 

HB5447 Enrolled- 979 -LRB100 16294 AMC 31417 b

1that term is utilized in subsection (E) in the calculation of
2general State aid.
 
3(E) Computation of General State Aid.
4    (1) For each school year, the amount of general State aid
5allotted to a school district shall be computed by the State
6Board of Education as provided in this subsection.
7    (2) For any school district for which Available Local
8Resources per pupil is less than the product of 0.93 times the
9Foundation Level, general State aid for that district shall be
10calculated as an amount equal to the Foundation Level minus
11Available Local Resources, multiplied by the Average Daily
12Attendance of the school district.
13    (3) For any school district for which Available Local
14Resources per pupil is equal to or greater than the product of
150.93 times the Foundation Level and less than the product of
161.75 times the Foundation Level, the general State aid per
17pupil shall be a decimal proportion of the Foundation Level
18derived using a linear algorithm. Under this linear algorithm,
19the calculated general State aid per pupil shall decline in
20direct linear fashion from 0.07 times the Foundation Level for
21a school district with Available Local Resources equal to the
22product of 0.93 times the Foundation Level, to 0.05 times the
23Foundation Level for a school district with Available Local
24Resources equal to the product of 1.75 times the Foundation
25Level. The allocation of general State aid for school districts

 

 

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1subject to this paragraph 3 shall be the calculated general
2State aid per pupil figure multiplied by the Average Daily
3Attendance of the school district.
4    (4) For any school district for which Available Local
5Resources per pupil equals or exceeds the product of 1.75 times
6the Foundation Level, the general State aid for the school
7district shall be calculated as the product of $218 multiplied
8by the Average Daily Attendance of the school district.
9    (5) The amount of general State aid allocated to a school
10district for the 1999-2000 school year meeting the requirements
11set forth in paragraph (4) of subsection (G) shall be increased
12by an amount equal to the general State aid that would have
13been received by the district for the 1998-1999 school year by
14utilizing the Extension Limitation Equalized Assessed
15Valuation as calculated in paragraph (4) of subsection (G) less
16the general State aid allotted for the 1998-1999 school year.
17This amount shall be deemed a one time increase, and shall not
18affect any future general State aid allocations.
 
19(F) Compilation of Average Daily Attendance.
20    (1) Each school district shall, by July 1 of each year,
21submit to the State Board of Education, on forms prescribed by
22the State Board of Education, attendance figures for the school
23year that began in the preceding calendar year. The attendance
24information so transmitted shall identify the average daily
25attendance figures for each month of the school year for each

 

 

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1grade level served. Beginning with the general State aid claim
2form for the 2002-2003 school year, districts shall calculate
3Average Daily Attendance as provided in subdivisions (a), (b),
4and (c) of this paragraph (1).
5        (a) In districts that do not hold year-round classes,
6    days of attendance in August shall be added to the month of
7    September and any days of attendance in June shall be added
8    to the month of May.
9        (b) In districts in which all buildings hold year-round
10    classes, days of attendance in July and August shall be
11    added to the month of September and any days of attendance
12    in June shall be added to the month of May.
13        (c) In districts in which some buildings, but not all,
14    hold year-round classes, for the non-year-round buildings,
15    days of attendance in August shall be added to the month of
16    September and any days of attendance in June shall be added
17    to the month of May. The average daily attendance for the
18    year-round buildings shall be computed as provided in
19    subdivision (b) of this paragraph (1). To calculate the
20    Average Daily Attendance for the district, the average
21    daily attendance for the year-round buildings shall be
22    multiplied by the days in session for the non-year-round
23    buildings for each month and added to the monthly
24    attendance of the non-year-round buildings.
25    Except as otherwise provided in this Section, days of
26attendance by pupils shall be counted only for sessions of not

 

 

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1less than 5 clock hours of school work per day under direct
2supervision of: (i) teachers, or (ii) non-teaching personnel or
3volunteer personnel when engaging in non-teaching duties and
4supervising in those instances specified in subsection (a) of
5Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
6of legal school age and in kindergarten and grades 1 through
712. Days of attendance by pupils through verified participation
8in an e-learning program approved by the State Board of
9Education under Section 10-20.56 of the Code shall be
10considered as full days of attendance for purposes of this
11Section.
12    Days of attendance by tuition pupils shall be accredited
13only to the districts that pay the tuition to a recognized
14school.
15    (2) Days of attendance by pupils of less than 5 clock hours
16of school shall be subject to the following provisions in the
17compilation of Average Daily Attendance.
18        (a) Pupils regularly enrolled in a public school for
19    only a part of the school day may be counted on the basis
20    of 1/6 day for every class hour of instruction of 40
21    minutes or more attended pursuant to such enrollment,
22    unless a pupil is enrolled in a block-schedule format of 80
23    minutes or more of instruction, in which case the pupil may
24    be counted on the basis of the proportion of minutes of
25    school work completed each day to the minimum number of
26    minutes that school work is required to be held that day.

 

 

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1        (b) (Blank).
2        (c) A session of 4 or more clock hours may be counted
3    as a day of attendance upon certification by the regional
4    superintendent, and approved by the State Superintendent
5    of Education to the extent that the district has been
6    forced to use daily multiple sessions.
7        (d) A session of 3 or more clock hours may be counted
8    as a day of attendance (1) when the remainder of the school
9    day or at least 2 hours in the evening of that day is
10    utilized for an in-service training program for teachers,
11    up to a maximum of 5 days per school year, provided a
12    district conducts an in-service training program for
13    teachers in accordance with Section 10-22.39 of this Code;
14    or, in lieu of 4 such days, 2 full days may be used, in
15    which event each such day may be counted as a day required
16    for a legal school calendar pursuant to Section 10-19 of
17    this Code; (1.5) when, of the 5 days allowed under item
18    (1), a maximum of 4 days are used for parent-teacher
19    conferences, or, in lieu of 4 such days, 2 full days are
20    used, in which case each such day may be counted as a
21    calendar day required under Section 10-19 of this Code,
22    provided that the full-day, parent-teacher conference
23    consists of (i) a minimum of 5 clock hours of
24    parent-teacher conferences, (ii) both a minimum of 2 clock
25    hours of parent-teacher conferences held in the evening
26    following a full day of student attendance, as specified in

 

 

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1    subsection (F)(1)(c), and a minimum of 3 clock hours of
2    parent-teacher conferences held on the day immediately
3    following evening parent-teacher conferences, or (iii)
4    multiple parent-teacher conferences held in the evenings
5    following full days of student attendance, as specified in
6    subsection (F)(1)(c), in which the time used for the
7    parent-teacher conferences is equivalent to a minimum of 5
8    clock hours; and (2) when days in addition to those
9    provided in items (1) and (1.5) are scheduled by a school
10    pursuant to its school improvement plan adopted under
11    Article 34 or its revised or amended school improvement
12    plan adopted under Article 2, provided that (i) such
13    sessions of 3 or more clock hours are scheduled to occur at
14    regular intervals, (ii) the remainder of the school days in
15    which such sessions occur are utilized for in-service
16    training programs or other staff development activities
17    for teachers, and (iii) a sufficient number of minutes of
18    school work under the direct supervision of teachers are
19    added to the school days between such regularly scheduled
20    sessions to accumulate not less than the number of minutes
21    by which such sessions of 3 or more clock hours fall short
22    of 5 clock hours. Any full days used for the purposes of
23    this paragraph shall not be considered for computing
24    average daily attendance. Days scheduled for in-service
25    training programs, staff development activities, or
26    parent-teacher conferences may be scheduled separately for

 

 

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1    different grade levels and different attendance centers of
2    the district.
3        (e) A session of not less than one clock hour of
4    teaching hospitalized or homebound pupils on-site or by
5    telephone to the classroom may be counted as 1/2 day of
6    attendance, however these pupils must receive 4 or more
7    clock hours of instruction to be counted for a full day of
8    attendance.
9        (f) A session of at least 4 clock hours may be counted
10    as a day of attendance for first grade pupils, and pupils
11    in full day kindergartens, and a session of 2 or more hours
12    may be counted as 1/2 day of attendance by pupils in
13    kindergartens which provide only 1/2 day of attendance.
14        (g) For children with disabilities who are below the
15    age of 6 years and who cannot attend 2 or more clock hours
16    because of their disability or immaturity, a session of not
17    less than one clock hour may be counted as 1/2 day of
18    attendance; however for such children whose educational
19    needs so require a session of 4 or more clock hours may be
20    counted as a full day of attendance.
21        (h) A recognized kindergarten which provides for only
22    1/2 day of attendance by each pupil shall not have more
23    than 1/2 day of attendance counted in any one day. However,
24    kindergartens may count 2 1/2 days of attendance in any 5
25    consecutive school days. When a pupil attends such a
26    kindergarten for 2 half days on any one school day, the

 

 

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1    pupil shall have the following day as a day absent from
2    school, unless the school district obtains permission in
3    writing from the State Superintendent of Education.
4    Attendance at kindergartens which provide for a full day of
5    attendance by each pupil shall be counted the same as
6    attendance by first grade pupils. Only the first year of
7    attendance in one kindergarten shall be counted, except in
8    case of children who entered the kindergarten in their
9    fifth year whose educational development requires a second
10    year of kindergarten as determined under the rules and
11    regulations of the State Board of Education.
12        (i) On the days when the assessment that includes a
13    college and career ready determination is administered
14    under subsection (c) of Section 2-3.64a-5 of this Code, the
15    day of attendance for a pupil whose school day must be
16    shortened to accommodate required testing procedures may
17    be less than 5 clock hours and shall be counted towards the
18    176 days of actual pupil attendance required under Section
19    10-19 of this Code, provided that a sufficient number of
20    minutes of school work in excess of 5 clock hours are first
21    completed on other school days to compensate for the loss
22    of school work on the examination days.
23        (j) Pupils enrolled in a remote educational program
24    established under Section 10-29 of this Code may be counted
25    on the basis of one-fifth day of attendance for every clock
26    hour of instruction attended in the remote educational

 

 

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1    program, provided that, in any month, the school district
2    may not claim for a student enrolled in a remote
3    educational program more days of attendance than the
4    maximum number of days of attendance the district can claim
5    (i) for students enrolled in a building holding year-round
6    classes if the student is classified as participating in
7    the remote educational program on a year-round schedule or
8    (ii) for students enrolled in a building not holding
9    year-round classes if the student is not classified as
10    participating in the remote educational program on a
11    year-round schedule.
 
12(G) Equalized Assessed Valuation Data.
13    (1) For purposes of the calculation of Available Local
14Resources required pursuant to subsection (D), the State Board
15of Education shall secure from the Department of Revenue the
16value as equalized or assessed by the Department of Revenue of
17all taxable property of every school district, together with
18(i) the applicable tax rate used in extending taxes for the
19funds of the district as of September 30 of the previous year
20and (ii) the limiting rate for all school districts subject to
21property tax extension limitations as imposed under the
22Property Tax Extension Limitation Law.
23    The Department of Revenue shall add to the equalized
24assessed value of all taxable property of each school district
25situated entirely or partially within a county that is or was

 

 

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1subject to the provisions of Section 15-176 or 15-177 of the
2Property Tax Code (a) an amount equal to the total amount by
3which the homestead exemption allowed under Section 15-176 or
415-177 of the Property Tax Code for real property situated in
5that school district exceeds the total amount that would have
6been allowed in that school district if the maximum reduction
7under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
8all other counties in tax year 2003 or (ii) $5,000 in all
9counties in tax year 2004 and thereafter and (b) an amount
10equal to the aggregate amount for the taxable year of all
11additional exemptions under Section 15-175 of the Property Tax
12Code for owners with a household income of $30,000 or less. The
13county clerk of any county that is or was subject to the
14provisions of Section 15-176 or 15-177 of the Property Tax Code
15shall annually calculate and certify to the Department of
16Revenue for each school district all homestead exemption
17amounts under Section 15-176 or 15-177 of the Property Tax Code
18and all amounts of additional exemptions under Section 15-175
19of the Property Tax Code for owners with a household income of
20$30,000 or less. It is the intent of this paragraph that if the
21general homestead exemption for a parcel of property is
22determined under Section 15-176 or 15-177 of the Property Tax
23Code rather than Section 15-175, then the calculation of
24Available Local Resources shall not be affected by the
25difference, if any, between the amount of the general homestead
26exemption allowed for that parcel of property under Section

 

 

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115-176 or 15-177 of the Property Tax Code and the amount that
2would have been allowed had the general homestead exemption for
3that parcel of property been determined under Section 15-175 of
4the Property Tax Code. It is further the intent of this
5paragraph that if additional exemptions are allowed under
6Section 15-175 of the Property Tax Code for owners with a
7household income of less than $30,000, then the calculation of
8Available Local Resources shall not be affected by the
9difference, if any, because of those additional exemptions.
10    This equalized assessed valuation, as adjusted further by
11the requirements of this subsection, shall be utilized in the
12calculation of Available Local Resources.
13    (2) The equalized assessed valuation in paragraph (1) shall
14be adjusted, as applicable, in the following manner:
15        (a) For the purposes of calculating State aid under
16    this Section, with respect to any part of a school district
17    within a redevelopment project area in respect to which a
18    municipality has adopted tax increment allocation
19    financing pursuant to the Tax Increment Allocation
20    Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
21    of the Illinois Municipal Code or the Industrial Jobs
22    Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
23    Illinois Municipal Code, no part of the current equalized
24    assessed valuation of real property located in any such
25    project area which is attributable to an increase above the
26    total initial equalized assessed valuation of such

 

 

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1    property shall be used as part of the equalized assessed
2    valuation of the district, until such time as all
3    redevelopment project costs have been paid, as provided in
4    Section 11-74.4-8 of the Tax Increment Allocation
5    Redevelopment Act or in Section 11-74.6-35 of the
6    Industrial Jobs Recovery Law. For the purpose of the
7    equalized assessed valuation of the district, the total
8    initial equalized assessed valuation or the current
9    equalized assessed valuation, whichever is lower, shall be
10    used until such time as all redevelopment project costs
11    have been paid.
12        (b) The real property equalized assessed valuation for
13    a school district shall be adjusted by subtracting from the
14    real property value as equalized or assessed by the
15    Department of Revenue for the district an amount computed
16    by dividing the amount of any abatement of taxes under
17    Section 18-170 of the Property Tax Code by 3.00% for a
18    district maintaining grades kindergarten through 12, by
19    2.30% for a district maintaining grades kindergarten
20    through 8, or by 1.05% for a district maintaining grades 9
21    through 12 and adjusted by an amount computed by dividing
22    the amount of any abatement of taxes under subsection (a)
23    of Section 18-165 of the Property Tax Code by the same
24    percentage rates for district type as specified in this
25    subparagraph (b).
26    (3) For the 1999-2000 school year and each school year

 

 

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1thereafter, if a school district meets all of the criteria of
2this subsection (G)(3), the school district's Available Local
3Resources shall be calculated under subsection (D) using the
4district's Extension Limitation Equalized Assessed Valuation
5as calculated under this subsection (G)(3).
6    For purposes of this subsection (G)(3) the following terms
7shall have the following meanings:
8        "Budget Year": The school year for which general State
9    aid is calculated and awarded under subsection (E).
10        "Base Tax Year": The property tax levy year used to
11    calculate the Budget Year allocation of general State aid.
12        "Preceding Tax Year": The property tax levy year
13    immediately preceding the Base Tax Year.
14        "Base Tax Year's Tax Extension": The product of the
15    equalized assessed valuation utilized by the County Clerk
16    in the Base Tax Year multiplied by the limiting rate as
17    calculated by the County Clerk and defined in the Property
18    Tax Extension Limitation Law.
19        "Preceding Tax Year's Tax Extension": The product of
20    the equalized assessed valuation utilized by the County
21    Clerk in the Preceding Tax Year multiplied by the Operating
22    Tax Rate as defined in subsection (A).
23        "Extension Limitation Ratio": A numerical ratio,
24    certified by the County Clerk, in which the numerator is
25    the Base Tax Year's Tax Extension and the denominator is
26    the Preceding Tax Year's Tax Extension.

 

 

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1        "Operating Tax Rate": The operating tax rate as defined
2    in subsection (A).
3    If a school district is subject to property tax extension
4limitations as imposed under the Property Tax Extension
5Limitation Law, the State Board of Education shall calculate
6the Extension Limitation Equalized Assessed Valuation of that
7district. For the 1999-2000 school year, the Extension
8Limitation Equalized Assessed Valuation of a school district as
9calculated by the State Board of Education shall be equal to
10the product of the district's 1996 Equalized Assessed Valuation
11and the district's Extension Limitation Ratio. Except as
12otherwise provided in this paragraph for a school district that
13has approved or does approve an increase in its limiting rate,
14for the 2000-2001 school year and each school year thereafter,
15the Extension Limitation Equalized Assessed Valuation of a
16school district as calculated by the State Board of Education
17shall be equal to the product of the Equalized Assessed
18Valuation last used in the calculation of general State aid and
19the district's Extension Limitation Ratio. If the Extension
20Limitation Equalized Assessed Valuation of a school district as
21calculated under this subsection (G)(3) is less than the
22district's equalized assessed valuation as calculated pursuant
23to subsections (G)(1) and (G)(2), then for purposes of
24calculating the district's general State aid for the Budget
25Year pursuant to subsection (E), that Extension Limitation
26Equalized Assessed Valuation shall be utilized to calculate the

 

 

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1district's Available Local Resources under subsection (D). For
2the 2009-2010 school year and each school year thereafter, if a
3school district has approved or does approve an increase in its
4limiting rate, pursuant to Section 18-190 of the Property Tax
5Code, affecting the Base Tax Year, the Extension Limitation
6Equalized Assessed Valuation of the school district, as
7calculated by the State Board of Education, shall be equal to
8the product of the Equalized Assessed Valuation last used in
9the calculation of general State aid times an amount equal to
10one plus the percentage increase, if any, in the Consumer Price
11Index for all Urban Consumers for all items published by the
12United States Department of Labor for the 12-month calendar
13year preceding the Base Tax Year, plus the Equalized Assessed
14Valuation of new property, annexed property, and recovered tax
15increment value and minus the Equalized Assessed Valuation of
16disconnected property. New property and recovered tax
17increment value shall have the meanings set forth in the
18Property Tax Extension Limitation Law.
19    Partial elementary unit districts created in accordance
20with Article 11E of this Code shall not be eligible for the
21adjustment in this subsection (G)(3) until the fifth year
22following the effective date of the reorganization.
23    (3.5) For the 2010-2011 school year and each school year
24thereafter, if a school district's boundaries span multiple
25counties, then the Department of Revenue shall send to the
26State Board of Education, for the purpose of calculating

 

 

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1general State aid, the limiting rate and individual rates by
2purpose for the county that contains the majority of the school
3district's Equalized Assessed Valuation.
4    (4) For the purposes of calculating general State aid for
5the 1999-2000 school year only, if a school district
6experienced a triennial reassessment on the equalized assessed
7valuation used in calculating its general State financial aid
8apportionment for the 1998-1999 school year, the State Board of
9Education shall calculate the Extension Limitation Equalized
10Assessed Valuation that would have been used to calculate the
11district's 1998-1999 general State aid. This amount shall equal
12the product of the equalized assessed valuation used to
13calculate general State aid for the 1997-1998 school year and
14the district's Extension Limitation Ratio. If the Extension
15Limitation Equalized Assessed Valuation of the school district
16as calculated under this paragraph (4) is less than the
17district's equalized assessed valuation utilized in
18calculating the district's 1998-1999 general State aid
19allocation, then for purposes of calculating the district's
20general State aid pursuant to paragraph (5) of subsection (E),
21that Extension Limitation Equalized Assessed Valuation shall
22be utilized to calculate the district's Available Local
23Resources.
24    (5) For school districts having a majority of their
25equalized assessed valuation in any county except Cook, DuPage,
26Kane, Lake, McHenry, or Will, if the amount of general State

 

 

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1aid allocated to the school district for the 1999-2000 school
2year under the provisions of subsection (E), (H), and (J) of
3this Section is less than the amount of general State aid
4allocated to the district for the 1998-1999 school year under
5these subsections, then the general State aid of the district
6for the 1999-2000 school year only shall be increased by the
7difference between these amounts. The total payments made under
8this paragraph (5) shall not exceed $14,000,000. Claims shall
9be prorated if they exceed $14,000,000.
 
10(H) Supplemental General State Aid.
11    (1) In addition to the general State aid a school district
12is allotted pursuant to subsection (E), qualifying school
13districts shall receive a grant, paid in conjunction with a
14district's payments of general State aid, for supplemental
15general State aid based upon the concentration level of
16children from low-income households within the school
17district. Supplemental State aid grants provided for school
18districts under this subsection shall be appropriated for
19distribution to school districts as part of the same line item
20in which the general State financial aid of school districts is
21appropriated under this Section.
22    (1.5) This paragraph (1.5) applies only to those school
23years preceding the 2003-2004 school year. For purposes of this
24subsection (H), the term "Low-Income Concentration Level"
25shall be the low-income eligible pupil count from the most

 

 

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1recently available federal census divided by the Average Daily
2Attendance of the school district. If, however, (i) the
3percentage decrease from the 2 most recent federal censuses in
4the low-income eligible pupil count of a high school district
5with fewer than 400 students exceeds by 75% or more the
6percentage change in the total low-income eligible pupil count
7of contiguous elementary school districts, whose boundaries
8are coterminous with the high school district, or (ii) a high
9school district within 2 counties and serving 5 elementary
10school districts, whose boundaries are coterminous with the
11high school district, has a percentage decrease from the 2 most
12recent federal censuses in the low-income eligible pupil count
13and there is a percentage increase in the total low-income
14eligible pupil count of a majority of the elementary school
15districts in excess of 50% from the 2 most recent federal
16censuses, then the high school district's low-income eligible
17pupil count from the earlier federal census shall be the number
18used as the low-income eligible pupil count for the high school
19district, for purposes of this subsection (H). The changes made
20to this paragraph (1) by Public Act 92-28 shall apply to
21supplemental general State aid grants for school years
22preceding the 2003-2004 school year that are paid in fiscal
23year 1999 or thereafter and to any State aid payments made in
24fiscal year 1994 through fiscal year 1998 pursuant to
25subsection 1(n) of Section 18-8 of this Code (which was
26repealed on July 1, 1998), and any high school district that is

 

 

HB5447 Enrolled- 997 -LRB100 16294 AMC 31417 b

1affected by Public Act 92-28 is entitled to a recomputation of
2its supplemental general State aid grant or State aid paid in
3any of those fiscal years. This recomputation shall not be
4affected by any other funding.
5    (1.10) This paragraph (1.10) applies to the 2003-2004
6school year and each school year thereafter through the
72016-2017 school year. For purposes of this subsection (H), the
8term "Low-Income Concentration Level" shall, for each fiscal
9year, be the low-income eligible pupil count as of July 1 of
10the immediately preceding fiscal year (as determined by the
11Department of Human Services based on the number of pupils who
12are eligible for at least one of the following low income
13programs: Medicaid, the Children's Health Insurance Program,
14TANF, or Food Stamps, excluding pupils who are eligible for
15services provided by the Department of Children and Family
16Services, averaged over the 2 immediately preceding fiscal
17years for fiscal year 2004 and over the 3 immediately preceding
18fiscal years for each fiscal year thereafter) divided by the
19Average Daily Attendance of the school district.
20    (2) Supplemental general State aid pursuant to this
21subsection (H) shall be provided as follows for the 1998-1999,
221999-2000, and 2000-2001 school years only:
23        (a) For any school district with a Low Income
24    Concentration Level of at least 20% and less than 35%, the
25    grant for any school year shall be $800 multiplied by the
26    low income eligible pupil count.

 

 

HB5447 Enrolled- 998 -LRB100 16294 AMC 31417 b

1        (b) For any school district with a Low Income
2    Concentration Level of at least 35% and less than 50%, the
3    grant for the 1998-1999 school year shall be $1,100
4    multiplied by the low income eligible pupil count.
5        (c) For any school district with a Low Income
6    Concentration Level of at least 50% and less than 60%, the
7    grant for the 1998-99 school year shall be $1,500
8    multiplied by the low income eligible pupil count.
9        (d) For any school district with a Low Income
10    Concentration Level of 60% or more, the grant for the
11    1998-99 school year shall be $1,900 multiplied by the low
12    income eligible pupil count.
13        (e) For the 1999-2000 school year, the per pupil amount
14    specified in subparagraphs (b), (c), and (d) immediately
15    above shall be increased to $1,243, $1,600, and $2,000,
16    respectively.
17        (f) For the 2000-2001 school year, the per pupil
18    amounts specified in subparagraphs (b), (c), and (d)
19    immediately above shall be $1,273, $1,640, and $2,050,
20    respectively.
21    (2.5) Supplemental general State aid pursuant to this
22subsection (H) shall be provided as follows for the 2002-2003
23school year:
24        (a) For any school district with a Low Income
25    Concentration Level of less than 10%, the grant for each
26    school year shall be $355 multiplied by the low income

 

 

HB5447 Enrolled- 999 -LRB100 16294 AMC 31417 b

1    eligible pupil count.
2        (b) For any school district with a Low Income
3    Concentration Level of at least 10% and less than 20%, the
4    grant for each school year shall be $675 multiplied by the
5    low income eligible pupil count.
6        (c) For any school district with a Low Income
7    Concentration Level of at least 20% and less than 35%, the
8    grant for each school year shall be $1,330 multiplied by
9    the low income eligible pupil count.
10        (d) For any school district with a Low Income
11    Concentration Level of at least 35% and less than 50%, the
12    grant for each school year shall be $1,362 multiplied by
13    the low income eligible pupil count.
14        (e) For any school district with a Low Income
15    Concentration Level of at least 50% and less than 60%, the
16    grant for each school year shall be $1,680 multiplied by
17    the low income eligible pupil count.
18        (f) For any school district with a Low Income
19    Concentration Level of 60% or more, the grant for each
20    school year shall be $2,080 multiplied by the low income
21    eligible pupil count.
22    (2.10) Except as otherwise provided, supplemental general
23State aid pursuant to this subsection (H) shall be provided as
24follows for the 2003-2004 school year and each school year
25thereafter:
26        (a) For any school district with a Low Income

 

 

HB5447 Enrolled- 1000 -LRB100 16294 AMC 31417 b

1    Concentration Level of 15% or less, the grant for each
2    school year shall be $355 multiplied by the low income
3    eligible pupil count.
4        (b) For any school district with a Low Income
5    Concentration Level greater than 15%, the grant for each
6    school year shall be $294.25 added to the product of $2,700
7    and the square of the Low Income Concentration Level, all
8    multiplied by the low income eligible pupil count.
9    For the 2003-2004 school year and each school year
10thereafter through the 2008-2009 school year only, the grant
11shall be no less than the grant for the 2002-2003 school year.
12For the 2009-2010 school year only, the grant shall be no less
13than the grant for the 2002-2003 school year multiplied by
140.66. For the 2010-2011 school year only, the grant shall be no
15less than the grant for the 2002-2003 school year multiplied by
160.33. Notwithstanding the provisions of this paragraph to the
17contrary, if for any school year supplemental general State aid
18grants are prorated as provided in paragraph (1) of this
19subsection (H), then the grants under this paragraph shall be
20prorated.
21    For the 2003-2004 school year only, the grant shall be no
22greater than the grant received during the 2002-2003 school
23year added to the product of 0.25 multiplied by the difference
24between the grant amount calculated under subsection (a) or (b)
25of this paragraph (2.10), whichever is applicable, and the
26grant received during the 2002-2003 school year. For the

 

 

HB5447 Enrolled- 1001 -LRB100 16294 AMC 31417 b

12004-2005 school year only, the grant shall be no greater than
2the grant received during the 2002-2003 school year added to
3the product of 0.50 multiplied by the difference between the
4grant amount calculated under subsection (a) or (b) of this
5paragraph (2.10), whichever is applicable, and the grant
6received during the 2002-2003 school year. For the 2005-2006
7school year only, the grant shall be no greater than the grant
8received during the 2002-2003 school year added to the product
9of 0.75 multiplied by the difference between the grant amount
10calculated under subsection (a) or (b) of this paragraph
11(2.10), whichever is applicable, and the grant received during
12the 2002-2003 school year.
13    (3) School districts with an Average Daily Attendance of
14more than 1,000 and less than 50,000 that qualify for
15supplemental general State aid pursuant to this subsection
16shall submit a plan to the State Board of Education prior to
17October 30 of each year for the use of the funds resulting from
18this grant of supplemental general State aid for the
19improvement of instruction in which priority is given to
20meeting the education needs of disadvantaged children. Such
21plan shall be submitted in accordance with rules and
22regulations promulgated by the State Board of Education.
23    (4) School districts with an Average Daily Attendance of
2450,000 or more that qualify for supplemental general State aid
25pursuant to this subsection shall be required to distribute
26from funds available pursuant to this Section, no less than

 

 

HB5447 Enrolled- 1002 -LRB100 16294 AMC 31417 b

1$261,000,000 in accordance with the following requirements:
2        (a) The required amounts shall be distributed to the
3    attendance centers within the district in proportion to the
4    number of pupils enrolled at each attendance center who are
5    eligible to receive free or reduced-price lunches or
6    breakfasts under the federal Child Nutrition Act of 1966
7    and under the National School Lunch Act during the
8    immediately preceding school year.
9        (b) The distribution of these portions of supplemental
10    and general State aid among attendance centers according to
11    these requirements shall not be compensated for or
12    contravened by adjustments of the total of other funds
13    appropriated to any attendance centers, and the Board of
14    Education shall utilize funding from one or several sources
15    in order to fully implement this provision annually prior
16    to the opening of school.
17        (c) Each attendance center shall be provided by the
18    school district a distribution of noncategorical funds and
19    other categorical funds to which an attendance center is
20    entitled under law in order that the general State aid and
21    supplemental general State aid provided by application of
22    this subsection supplements rather than supplants the
23    noncategorical funds and other categorical funds provided
24    by the school district to the attendance centers.
25        (d) Any funds made available under this subsection that
26    by reason of the provisions of this subsection are not

 

 

HB5447 Enrolled- 1003 -LRB100 16294 AMC 31417 b

1    required to be allocated and provided to attendance centers
2    may be used and appropriated by the board of the district
3    for any lawful school purpose.
4        (e) Funds received by an attendance center pursuant to
5    this subsection shall be used by the attendance center at
6    the discretion of the principal and local school council
7    for programs to improve educational opportunities at
8    qualifying schools through the following programs and
9    services: early childhood education, reduced class size or
10    improved adult to student classroom ratio, enrichment
11    programs, remedial assistance, attendance improvement, and
12    other educationally beneficial expenditures which
13    supplement the regular and basic programs as determined by
14    the State Board of Education. Funds provided shall not be
15    expended for any political or lobbying purposes as defined
16    by board rule.
17        (f) Each district subject to the provisions of this
18    subdivision (H)(4) shall submit an acceptable plan to meet
19    the educational needs of disadvantaged children, in
20    compliance with the requirements of this paragraph, to the
21    State Board of Education prior to July 15 of each year.
22    This plan shall be consistent with the decisions of local
23    school councils concerning the school expenditure plans
24    developed in accordance with part 4 of Section 34-2.3. The
25    State Board shall approve or reject the plan within 60 days
26    after its submission. If the plan is rejected, the district

 

 

HB5447 Enrolled- 1004 -LRB100 16294 AMC 31417 b

1    shall give written notice of intent to modify the plan
2    within 15 days of the notification of rejection and then
3    submit a modified plan within 30 days after the date of the
4    written notice of intent to modify. Districts may amend
5    approved plans pursuant to rules promulgated by the State
6    Board of Education.
7        Upon notification by the State Board of Education that
8    the district has not submitted a plan prior to July 15 or a
9    modified plan within the time period specified herein, the
10    State aid funds affected by that plan or modified plan
11    shall be withheld by the State Board of Education until a
12    plan or modified plan is submitted.
13        If the district fails to distribute State aid to
14    attendance centers in accordance with an approved plan, the
15    plan for the following year shall allocate funds, in
16    addition to the funds otherwise required by this
17    subsection, to those attendance centers which were
18    underfunded during the previous year in amounts equal to
19    such underfunding.
20        For purposes of determining compliance with this
21    subsection in relation to the requirements of attendance
22    center funding, each district subject to the provisions of
23    this subsection shall submit as a separate document by
24    December 1 of each year a report of expenditure data for
25    the prior year in addition to any modification of its
26    current plan. If it is determined that there has been a

 

 

HB5447 Enrolled- 1005 -LRB100 16294 AMC 31417 b

1    failure to comply with the expenditure provisions of this
2    subsection regarding contravention or supplanting, the
3    State Superintendent of Education shall, within 60 days of
4    receipt of the report, notify the district and any affected
5    local school council. The district shall within 45 days of
6    receipt of that notification inform the State
7    Superintendent of Education of the remedial or corrective
8    action to be taken, whether by amendment of the current
9    plan, if feasible, or by adjustment in the plan for the
10    following year. Failure to provide the expenditure report
11    or the notification of remedial or corrective action in a
12    timely manner shall result in a withholding of the affected
13    funds.
14        The State Board of Education shall promulgate rules and
15    regulations to implement the provisions of this
16    subsection. No funds shall be released under this
17    subdivision (H)(4) to any district that has not submitted a
18    plan that has been approved by the State Board of
19    Education.
 
20(I) (Blank).
 
21(J) (Blank).
 
22(K) Grants to Laboratory and Alternative Schools.
23    In calculating the amount to be paid to the governing board

 

 

HB5447 Enrolled- 1006 -LRB100 16294 AMC 31417 b

1of a public university that operates a laboratory school under
2this Section or to any alternative school that is operated by a
3regional superintendent of schools, the State Board of
4Education shall require by rule such reporting requirements as
5it deems necessary.
6    As used in this Section, "laboratory school" means a public
7school which is created and operated by a public university and
8approved by the State Board of Education. The governing board
9of a public university which receives funds from the State
10Board under this subsection (K) or subsection (g) of Section
1118-8.15 of this Code may not increase the number of students
12enrolled in its laboratory school from a single district, if
13that district is already sending 50 or more students, except
14under a mutual agreement between the school board of a
15student's district of residence and the university which
16operates the laboratory school. A laboratory school may not
17have more than 1,000 students, excluding students with
18disabilities in a special education program.
19    As used in this Section, "alternative school" means a
20public school which is created and operated by a Regional
21Superintendent of Schools and approved by the State Board of
22Education. Such alternative schools may offer courses of
23instruction for which credit is given in regular school
24programs, courses to prepare students for the high school
25equivalency testing program or vocational and occupational
26training. A regional superintendent of schools may contract

 

 

HB5447 Enrolled- 1007 -LRB100 16294 AMC 31417 b

1with a school district or a public community college district
2to operate an alternative school. An alternative school serving
3more than one educational service region may be established by
4the regional superintendents of schools of the affected
5educational service regions. An alternative school serving
6more than one educational service region may be operated under
7such terms as the regional superintendents of schools of those
8educational service regions may agree.
9    Each laboratory and alternative school shall file, on forms
10provided by the State Superintendent of Education, an annual
11State aid claim which states the Average Daily Attendance of
12the school's students by month. The best 3 months' Average
13Daily Attendance shall be computed for each school. The general
14State aid entitlement shall be computed by multiplying the
15applicable Average Daily Attendance by the Foundation Level as
16determined under this Section.
 
17(L) Payments, Additional Grants in Aid and Other Requirements.
18    (1) For a school district operating under the financial
19supervision of an Authority created under Article 34A, the
20general State aid otherwise payable to that district under this
21Section, but not the supplemental general State aid, shall be
22reduced by an amount equal to the budget for the operations of
23the Authority as certified by the Authority to the State Board
24of Education, and an amount equal to such reduction shall be
25paid to the Authority created for such district for its

 

 

HB5447 Enrolled- 1008 -LRB100 16294 AMC 31417 b

1operating expenses in the manner provided in Section 18-11. The
2remainder of general State school aid for any such district
3shall be paid in accordance with Article 34A when that Article
4provides for a disposition other than that provided by this
5Article.
6    (2) (Blank).
7    (3) Summer school. Summer school payments shall be made as
8provided in Section 18-4.3.
 
9(M) (Blank).
 
10(N) (Blank).
 
11(O) References.
12    (1) References in other laws to the various subdivisions of
13Section 18-8 as that Section existed before its repeal and
14replacement by this Section 18-8.05 shall be deemed to refer to
15the corresponding provisions of this Section 18-8.05, to the
16extent that those references remain applicable.
17    (2) References in other laws to State Chapter 1 funds shall
18be deemed to refer to the supplemental general State aid
19provided under subsection (H) of this Section.
 
20(P) Public Act 93-838 and Public Act 93-808 make inconsistent
21changes to this Section. Under Section 6 of the Statute on
22Statutes there is an irreconcilable conflict between Public Act

 

 

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193-808 and Public Act 93-838. Public Act 93-838, being the last
2acted upon, is controlling. The text of Public Act 93-838 is
3the law regardless of the text of Public Act 93-808.
 
4(Q) State Fiscal Year 2015 Payments.
5    For payments made for State fiscal year 2015, the State
6Board of Education shall, for each school district, calculate
7that district's pro-rata share of a minimum sum of $13,600,000
8or additional amounts as needed from the total net General
9State Aid funding as calculated under this Section that shall
10be deemed attributable to the provision of special educational
11facilities and services, as defined in Section 14-1.08 of this
12Code, in a manner that ensures compliance with maintenance of
13State financial support requirements under the federal
14Individuals with Disabilities Education Act. Each school
15district must use such funds only for the provision of special
16educational facilities and services, as defined in Section
1714-1.08 of this Code, and must comply with any expenditure
18verification procedures adopted by the State Board of
19Education.
 
20(R) State Fiscal Year 2016 Payments.
21    For payments made for State fiscal year 2016, the State
22Board of Education shall, for each school district, calculate
23that district's pro rata share of a minimum sum of $1 or
24additional amounts as needed from the total net General State

 

 

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1Aid funding as calculated under this Section that shall be
2deemed attributable to the provision of special educational
3facilities and services, as defined in Section 14-1.08 of this
4Code, in a manner that ensures compliance with maintenance of
5State financial support requirements under the federal
6Individuals with Disabilities Education Act. Each school
7district must use such funds only for the provision of special
8educational facilities and services, as defined in Section
914-1.08 of this Code, and must comply with any expenditure
10verification procedures adopted by the State Board of
11Education.
 
12(S) State Fiscal Year 2017 Payments.
13    For payments made for State fiscal year 2017, the State
14Board of Education shall, for each school district, calculate
15that district's pro rata share of a minimum sum of $1 or
16additional amounts as needed from the total net General State
17Aid funding as calculated under this Section that shall be
18deemed attributable to the provision of special educational
19facilities and services, as defined in Section 14-1.08 of this
20Code, in a manner that ensures compliance with maintenance of
21State financial support requirements under the federal
22Individuals with Disabilities Education Act. Each school
23district must use such funds only for the provision of special
24educational facilities and services, as defined in Section
2514-1.08 of this Code, and must comply with any expenditure

 

 

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1verification procedures adopted by the State Board of
2Education.
 
3(T) State Fiscal Year 2018 Payments.
4    For payments made for State fiscal year 2018, the State
5Board of Education shall, for each school district, calculate
6that district's pro rata share of a minimum sum of $1 or
7additional amounts as needed from the total net evidence-based
8funding as calculated under Section 18-8.15 of this Code that
9shall be deemed attributable to the provision of special
10educational facilities and services, as defined in Section
1114-1.08 of this Code, in a manner that ensures compliance with
12maintenance of State financial support requirements under the
13federal Individuals with Disabilities Education Act. Each
14school district must use such funds only for the provision of
15special educational facilities and services, as defined in
16Section 14-1.08 of this Code, and must comply with any
17expenditure verification procedures adopted by the State Board
18of Education.
19(Source: P.A. 99-2, eff. 3-26-15; 99-194, eff. 7-30-15; 99-523,
20eff. 6-30-16; 100-23, eff. 7-6-17; 100-147, eff. 1-1-18;
21100-465, eff. 8-31-17; revised 9-25-17.)
 
22    (105 ILCS 5/18-12)  (from Ch. 122, par. 18-12)
23    Sec. 18-12. Dates for filing State aid claims. The school
24board of each school district, a regional office of education,

 

 

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1a laboratory school, or a State-authorized charter school shall
2require teachers, principals, or superintendents to furnish
3from records kept by them such data as it needs in preparing
4and certifying to the State Superintendent of Education its
5report of claims provided in Section 18-8.05 or 18-8.15 of this
6Code. The claim shall be based on the latest available
7equalized assessed valuation and tax rates, as provided in
8Section 18-8.05 or 18-8.15, shall use the average daily
9attendance as determined by the method outlined in Section
1018-8.05 or 18-8.15, and shall be certified and filed with the
11State Superintendent of Education by June 21 for districts and
12State-authorized charter schools with an official school
13calendar end date before June 15 or within 2 weeks following
14the official school calendar end date for districts, regional
15offices of education, laboratory schools, or State-authorized
16charter schools with a school year end date of June 15 or
17later. Failure to so file by these deadlines constitutes a
18forfeiture of the right to receive payment by the State until
19such claim is filed. The State Superintendent of Education
20shall voucher for payment those claims to the State Comptroller
21as provided in Section 18-11.
22    Except as otherwise provided in this Section, if any school
23district fails to provide the minimum school term specified in
24Section 10-19, the State aid claim for that year shall be
25reduced by the State Superintendent of Education in an amount
26equivalent to 1/176 or .56818% for each day less than the

 

 

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1number of days required by this Code.
2    If the State Superintendent of Education determines that
3the failure to provide the minimum school term was occasioned
4by an act or acts of God, or was occasioned by conditions
5beyond the control of the school district which posed a
6hazardous threat to the health and safety of pupils, the State
7aid claim need not be reduced.
8    If a school district is precluded from providing the
9minimum hours of instruction required for a full day of
10attendance due to (A) an adverse weather condition, (B) a
11condition beyond the control of the school district that poses
12a hazardous threat to the health and safety of students, or (C)
13beginning with the 2016-2017 school year, the utilization of
14the school district's facilities for not more than 2 school
15days per school year by local or county authorities for the
16purpose of holding a memorial or funeral services in
17remembrance of a community member, then the partial day of
18attendance may be counted if (i) the school district has
19provided at least one hour of instruction prior to the closure
20of the school district, (ii) a school building has provided at
21least one hour of instruction prior to the closure of the
22school building, or (iii) the normal start time of the school
23district is delayed.
24    If, prior to providing any instruction, a school district
25must close one or more but not all school buildings after
26consultation with a local emergency response agency or due to a

 

 

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1condition beyond the control of the school district, then the
2school district may claim attendance for up to 2 school days
3based on the average attendance of the 3 school days
4immediately preceding the closure of the affected school
5building or, if approved by the State Board of Education,
6utilize the provisions of an e-learning program for the
7affected school building as prescribed in Section 10-20.56 of
8this Code. The partial or no day of attendance described in
9this Section and the reasons therefore shall be certified
10within a month of the closing or delayed start by the school
11district superintendent to the regional superintendent of
12schools for forwarding to the State Superintendent of Education
13for approval.
14    Other than the utilization of any e-learning days as
15prescribed in Section 10-20.56 of this Code, no exception to
16the requirement of providing a minimum school term may be
17approved by the State Superintendent of Education pursuant to
18this Section unless a school district has first used all
19emergency days provided for in its regular calendar.
20    If the State Superintendent of Education declares that an
21energy shortage exists during any part of the school year for
22the State or a designated portion of the State, a district may
23operate the school attendance centers within the district 4
24days of the week during the time of the shortage by extending
25each existing school day by one clock hour of school work, and
26the State aid claim shall not be reduced, nor shall the

 

 

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1employees of that district suffer any reduction in salary or
2benefits as a result thereof. A district may operate all
3attendance centers on this revised schedule, or may apply the
4schedule to selected attendance centers, taking into
5consideration such factors as pupil transportation schedules
6and patterns and sources of energy for individual attendance
7centers.
8    Electronically submitted State aid claims shall be
9submitted by duly authorized district individuals over a secure
10network that is password protected. The electronic submission
11of a State aid claim must be accompanied with an affirmation
12that all of the provisions of Section Sections 18-8.05 or
1318-8.15 and Sections , 10-22.5, and 24-4 of this Code are met in
14all respects.
15(Source: P.A. 99-194, eff. 7-30-15; 99-657, eff. 7-28-16;
16100-28, eff. 8-4-17; 100-465, eff. 8-31-17; revised 9-25-17.)
 
17    (105 ILCS 5/19-1)
18    (Text of Section before amendment by P.A. 100-503)
19    Sec. 19-1. Debt limitations of school districts.
20    (a) School districts shall not be subject to the provisions
21limiting their indebtedness prescribed in the Local Government
22Debt Limitation Act.
23    No school districts maintaining grades K through 8 or 9
24through 12 shall become indebted in any manner or for any
25purpose to an amount, including existing indebtedness, in the

 

 

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1aggregate exceeding 6.9% on the value of the taxable property
2therein to be ascertained by the last assessment for State and
3county taxes or, until January 1, 1983, if greater, the sum
4that is produced by multiplying the school district's 1978
5equalized assessed valuation by the debt limitation percentage
6in effect on January 1, 1979, previous to the incurring of such
7indebtedness.
8    No school districts maintaining grades K through 12 shall
9become indebted in any manner or for any purpose to an amount,
10including existing indebtedness, in the aggregate exceeding
1113.8% on the value of the taxable property therein to be
12ascertained by the last assessment for State and county taxes
13or, until January 1, 1983, if greater, the sum that is produced
14by multiplying the school district's 1978 equalized assessed
15valuation by the debt limitation percentage in effect on
16January 1, 1979, previous to the incurring of such
17indebtedness.
18    No partial elementary unit district, as defined in Article
1911E of this Code, shall become indebted in any manner or for
20any purpose in an amount, including existing indebtedness, in
21the aggregate exceeding 6.9% of the value of the taxable
22property of the entire district, to be ascertained by the last
23assessment for State and county taxes, plus an amount,
24including existing indebtedness, in the aggregate exceeding
256.9% of the value of the taxable property of that portion of
26the district included in the elementary and high school

 

 

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1classification, to be ascertained by the last assessment for
2State and county taxes. Moreover, no partial elementary unit
3district, as defined in Article 11E of this Code, shall become
4indebted on account of bonds issued by the district for high
5school purposes in the aggregate exceeding 6.9% of the value of
6the taxable property of the entire district, to be ascertained
7by the last assessment for State and county taxes, nor shall
8the district become indebted on account of bonds issued by the
9district for elementary purposes in the aggregate exceeding
106.9% of the value of the taxable property for that portion of
11the district included in the elementary and high school
12classification, to be ascertained by the last assessment for
13State and county taxes.
14    Notwithstanding the provisions of any other law to the
15contrary, in any case in which the voters of a school district
16have approved a proposition for the issuance of bonds of such
17school district at an election held prior to January 1, 1979,
18and all of the bonds approved at such election have not been
19issued, the debt limitation applicable to such school district
20during the calendar year 1979 shall be computed by multiplying
21the value of taxable property therein, including personal
22property, as ascertained by the last assessment for State and
23county taxes, previous to the incurring of such indebtedness,
24by the percentage limitation applicable to such school district
25under the provisions of this subsection (a).
26    (b) Notwithstanding the debt limitation prescribed in

 

 

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1subsection (a) of this Section, additional indebtedness may be
2incurred in an amount not to exceed the estimated cost of
3acquiring or improving school sites or constructing and
4equipping additional building facilities under the following
5conditions:
6        (1) Whenever the enrollment of students for the next
7    school year is estimated by the board of education to
8    increase over the actual present enrollment by not less
9    than 35% or by not less than 200 students or the actual
10    present enrollment of students has increased over the
11    previous school year by not less than 35% or by not less
12    than 200 students and the board of education determines
13    that additional school sites or building facilities are
14    required as a result of such increase in enrollment; and
15        (2) When the Regional Superintendent of Schools having
16    jurisdiction over the school district and the State
17    Superintendent of Education concur in such enrollment
18    projection or increase and approve the need for such
19    additional school sites or building facilities and the
20    estimated cost thereof; and
21        (3) When the voters in the school district approve a
22    proposition for the issuance of bonds for the purpose of
23    acquiring or improving such needed school sites or
24    constructing and equipping such needed additional building
25    facilities at an election called and held for that purpose.
26    Notice of such an election shall state that the amount of

 

 

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1    indebtedness proposed to be incurred would exceed the debt
2    limitation otherwise applicable to the school district.
3    The ballot for such proposition shall state what percentage
4    of the equalized assessed valuation will be outstanding in
5    bonds if the proposed issuance of bonds is approved by the
6    voters; or
7        (4) Notwithstanding the provisions of paragraphs (1)
8    through (3) of this subsection (b), if the school board
9    determines that additional facilities are needed to
10    provide a quality educational program and not less than 2/3
11    of those voting in an election called by the school board
12    on the question approve the issuance of bonds for the
13    construction of such facilities, the school district may
14    issue bonds for this purpose; or
15        (5) Notwithstanding the provisions of paragraphs (1)
16    through (3) of this subsection (b), if (i) the school
17    district has previously availed itself of the provisions of
18    paragraph (4) of this subsection (b) to enable it to issue
19    bonds, (ii) the voters of the school district have not
20    defeated a proposition for the issuance of bonds since the
21    referendum described in paragraph (4) of this subsection
22    (b) was held, (iii) the school board determines that
23    additional facilities are needed to provide a quality
24    educational program, and (iv) a majority of those voting in
25    an election called by the school board on the question
26    approve the issuance of bonds for the construction of such

 

 

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1    facilities, the school district may issue bonds for this
2    purpose.
3    In no event shall the indebtedness incurred pursuant to
4this subsection (b) and the existing indebtedness of the school
5district exceed 15% of the value of the taxable property
6therein to be ascertained by the last assessment for State and
7county taxes, previous to the incurring of such indebtedness
8or, until January 1, 1983, if greater, the sum that is produced
9by multiplying the school district's 1978 equalized assessed
10valuation by the debt limitation percentage in effect on
11January 1, 1979.
12    The indebtedness provided for by this subsection (b) shall
13be in addition to and in excess of any other debt limitation.
14    (c) Notwithstanding the debt limitation prescribed in
15subsection (a) of this Section, in any case in which a public
16question for the issuance of bonds of a proposed school
17district maintaining grades kindergarten through 12 received
18at least 60% of the valid ballots cast on the question at an
19election held on or prior to November 8, 1994, and in which the
20bonds approved at such election have not been issued, the
21school district pursuant to the requirements of Section 11A-10
22(now repealed) may issue the total amount of bonds approved at
23such election for the purpose stated in the question.
24    (d) Notwithstanding the debt limitation prescribed in
25subsection (a) of this Section, a school district that meets
26all the criteria set forth in paragraphs (1) and (2) of this

 

 

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1subsection (d) may incur an additional indebtedness in an
2amount not to exceed $4,500,000, even though the amount of the
3additional indebtedness authorized by this subsection (d),
4when incurred and added to the aggregate amount of indebtedness
5of the district existing immediately prior to the district
6incurring the additional indebtedness authorized by this
7subsection (d), causes the aggregate indebtedness of the
8district to exceed the debt limitation otherwise applicable to
9that district under subsection (a):
10        (1) The additional indebtedness authorized by this
11    subsection (d) is incurred by the school district through
12    the issuance of bonds under and in accordance with Section
13    17-2.11a for the purpose of replacing a school building
14    which, because of mine subsidence damage, has been closed
15    as provided in paragraph (2) of this subsection (d) or
16    through the issuance of bonds under and in accordance with
17    Section 19-3 for the purpose of increasing the size of, or
18    providing for additional functions in, such replacement
19    school buildings, or both such purposes.
20        (2) The bonds issued by the school district as provided
21    in paragraph (1) above are issued for the purposes of
22    construction by the school district of a new school
23    building pursuant to Section 17-2.11, to replace an
24    existing school building that, because of mine subsidence
25    damage, is closed as of the end of the 1992-93 school year
26    pursuant to action of the regional superintendent of

 

 

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1    schools of the educational service region in which the
2    district is located under Section 3-14.22 or are issued for
3    the purpose of increasing the size of, or providing for
4    additional functions in, the new school building being
5    constructed to replace a school building closed as the
6    result of mine subsidence damage, or both such purposes.
7    (e) (Blank).
8    (f) Notwithstanding the provisions of subsection (a) of
9this Section or of any other law, bonds in not to exceed the
10aggregate amount of $5,500,000 and issued by a school district
11meeting the following criteria shall not be considered
12indebtedness for purposes of any statutory limitation and may
13be issued in an amount or amounts, including existing
14indebtedness, in excess of any heretofore or hereafter imposed
15statutory limitation as to indebtedness:
16        (1) At the time of the sale of such bonds, the board of
17    education of the district shall have determined by
18    resolution that the enrollment of students in the district
19    is projected to increase by not less than 7% during each of
20    the next succeeding 2 school years.
21        (2) The board of education shall also determine by
22    resolution that the improvements to be financed with the
23    proceeds of the bonds are needed because of the projected
24    enrollment increases.
25        (3) The board of education shall also determine by
26    resolution that the projected increases in enrollment are

 

 

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1    the result of improvements made or expected to be made to
2    passenger rail facilities located in the school district.
3    Notwithstanding the provisions of subsection (a) of this
4Section or of any other law, a school district that has availed
5itself of the provisions of this subsection (f) prior to July
622, 2004 (the effective date of Public Act 93-799) may also
7issue bonds approved by referendum up to an amount, including
8existing indebtedness, not exceeding 25% of the equalized
9assessed value of the taxable property in the district if all
10of the conditions set forth in items (1), (2), and (3) of this
11subsection (f) are met.
12    (g) Notwithstanding the provisions of subsection (a) of
13this Section or any other law, bonds in not to exceed an
14aggregate amount of 25% of the equalized assessed value of the
15taxable property of a school district and issued by a school
16district meeting the criteria in paragraphs (i) through (iv) of
17this subsection shall not be considered indebtedness for
18purposes of any statutory limitation and may be issued pursuant
19to resolution of the school board in an amount or amounts,
20including existing indebtedness, in excess of any statutory
21limitation of indebtedness heretofore or hereafter imposed:
22        (i) The bonds are issued for the purpose of
23    constructing a new high school building to replace two
24    adjacent existing buildings which together house a single
25    high school, each of which is more than 65 years old, and
26    which together are located on more than 10 acres and less

 

 

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1    than 11 acres of property.
2        (ii) At the time the resolution authorizing the
3    issuance of the bonds is adopted, the cost of constructing
4    a new school building to replace the existing school
5    building is less than 60% of the cost of repairing the
6    existing school building.
7        (iii) The sale of the bonds occurs before July 1, 1997.
8        (iv) The school district issuing the bonds is a unit
9    school district located in a county of less than 70,000 and
10    more than 50,000 inhabitants, which has an average daily
11    attendance of less than 1,500 and an equalized assessed
12    valuation of less than $29,000,000.
13    (h) Notwithstanding any other provisions of this Section or
14the provisions of any other law, until January 1, 1998, a
15community unit school district maintaining grades K through 12
16may issue bonds up to an amount, including existing
17indebtedness, not exceeding 27.6% of the equalized assessed
18value of the taxable property in the district, if all of the
19following conditions are met:
20        (i) The school district has an equalized assessed
21    valuation for calendar year 1995 of less than $24,000,000;
22        (ii) The bonds are issued for the capital improvement,
23    renovation, rehabilitation, or replacement of existing
24    school buildings of the district, all of which buildings
25    were originally constructed not less than 40 years ago;
26        (iii) The voters of the district approve a proposition

 

 

HB5447 Enrolled- 1025 -LRB100 16294 AMC 31417 b

1    for the issuance of the bonds at a referendum held after
2    March 19, 1996; and
3        (iv) The bonds are issued pursuant to Sections 19-2
4    through 19-7 of this Code.
5    (i) Notwithstanding any other provisions of this Section or
6the provisions of any other law, until January 1, 1998, a
7community unit school district maintaining grades K through 12
8may issue bonds up to an amount, including existing
9indebtedness, not exceeding 27% of the equalized assessed value
10of the taxable property in the district, if all of the
11following conditions are met:
12        (i) The school district has an equalized assessed
13    valuation for calendar year 1995 of less than $44,600,000;
14        (ii) The bonds are issued for the capital improvement,
15    renovation, rehabilitation, or replacement of existing
16    school buildings of the district, all of which existing
17    buildings were originally constructed not less than 80
18    years ago;
19        (iii) The voters of the district approve a proposition
20    for the issuance of the bonds at a referendum held after
21    December 31, 1996; and
22        (iv) The bonds are issued pursuant to Sections 19-2
23    through 19-7 of this Code.
24    (j) Notwithstanding any other provisions of this Section or
25the provisions of any other law, until January 1, 1999, a
26community unit school district maintaining grades K through 12

 

 

HB5447 Enrolled- 1026 -LRB100 16294 AMC 31417 b

1may issue bonds up to an amount, including existing
2indebtedness, not exceeding 27% of the equalized assessed value
3of the taxable property in the district if all of the following
4conditions are met:
5        (i) The school district has an equalized assessed
6    valuation for calendar year 1995 of less than $140,000,000
7    and a best 3 months average daily attendance for the
8    1995-96 school year of at least 2,800;
9        (ii) The bonds are issued to purchase a site and build
10    and equip a new high school, and the school district's
11    existing high school was originally constructed not less
12    than 35 years prior to the sale of the bonds;
13        (iii) At the time of the sale of the bonds, the board
14    of education determines by resolution that a new high
15    school is needed because of projected enrollment
16    increases;
17        (iv) At least 60% of those voting in an election held
18    after December 31, 1996 approve a proposition for the
19    issuance of the bonds; and
20        (v) The bonds are issued pursuant to Sections 19-2
21    through 19-7 of this Code.
22    (k) Notwithstanding the debt limitation prescribed in
23subsection (a) of this Section, a school district that meets
24all the criteria set forth in paragraphs (1) through (4) of
25this subsection (k) may issue bonds to incur an additional
26indebtedness in an amount not to exceed $4,000,000 even though

 

 

HB5447 Enrolled- 1027 -LRB100 16294 AMC 31417 b

1the amount of the additional indebtedness authorized by this
2subsection (k), when incurred and added to the aggregate amount
3of indebtedness of the school district existing immediately
4prior to the school district incurring such additional
5indebtedness, causes the aggregate indebtedness of the school
6district to exceed or increases the amount by which the
7aggregate indebtedness of the district already exceeds the debt
8limitation otherwise applicable to that school district under
9subsection (a):
10        (1) the school district is located in 2 counties, and a
11    referendum to authorize the additional indebtedness was
12    approved by a majority of the voters of the school district
13    voting on the proposition to authorize that indebtedness;
14        (2) the additional indebtedness is for the purpose of
15    financing a multi-purpose room addition to the existing
16    high school;
17        (3) the additional indebtedness, together with the
18    existing indebtedness of the school district, shall not
19    exceed 17.4% of the value of the taxable property in the
20    school district, to be ascertained by the last assessment
21    for State and county taxes; and
22        (4) the bonds evidencing the additional indebtedness
23    are issued, if at all, within 120 days of August 14, 1998
24    (the effective date of Public Act 90-757).
25    (l) Notwithstanding any other provisions of this Section or
26the provisions of any other law, until January 1, 2000, a

 

 

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1school district maintaining grades kindergarten through 8 may
2issue bonds up to an amount, including existing indebtedness,
3not exceeding 15% of the equalized assessed value of the
4taxable property in the district if all of the following
5conditions are met:
6        (i) the district has an equalized assessed valuation
7    for calendar year 1996 of less than $10,000,000;
8        (ii) the bonds are issued for capital improvement,
9    renovation, rehabilitation, or replacement of one or more
10    school buildings of the district, which buildings were
11    originally constructed not less than 70 years ago;
12        (iii) the voters of the district approve a proposition
13    for the issuance of the bonds at a referendum held on or
14    after March 17, 1998; and
15        (iv) the bonds are issued pursuant to Sections 19-2
16    through 19-7 of this Code.
17    (m) Notwithstanding any other provisions of this Section or
18the provisions of any other law, until January 1, 1999, an
19elementary school district maintaining grades K through 8 may
20issue bonds up to an amount, excluding existing indebtedness,
21not exceeding 18% of the equalized assessed value of the
22taxable property in the district, if all of the following
23conditions are met:
24        (i) The school district has an equalized assessed
25    valuation for calendar year 1995 or less than $7,700,000;
26        (ii) The school district operates 2 elementary

 

 

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1    attendance centers that until 1976 were operated as the
2    attendance centers of 2 separate and distinct school
3    districts;
4        (iii) The bonds are issued for the construction of a
5    new elementary school building to replace an existing
6    multi-level elementary school building of the school
7    district that is not accessible at all levels and parts of
8    which were constructed more than 75 years ago;
9        (iv) The voters of the school district approve a
10    proposition for the issuance of the bonds at a referendum
11    held after July 1, 1998; and
12        (v) The bonds are issued pursuant to Sections 19-2
13    through 19-7 of this Code.
14    (n) Notwithstanding the debt limitation prescribed in
15subsection (a) of this Section or any other provisions of this
16Section or of any other law, a school district that meets all
17of the criteria set forth in paragraphs (i) through (vi) of
18this subsection (n) may incur additional indebtedness by the
19issuance of bonds in an amount not exceeding the amount
20certified by the Capital Development Board to the school
21district as provided in paragraph (iii) of this subsection (n),
22even though the amount of the additional indebtedness so
23authorized, when incurred and added to the aggregate amount of
24indebtedness of the district existing immediately prior to the
25district incurring the additional indebtedness authorized by
26this subsection (n), causes the aggregate indebtedness of the

 

 

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1district to exceed the debt limitation otherwise applicable by
2law to that district:
3        (i) The school district applies to the State Board of
4    Education for a school construction project grant and
5    submits a district facilities plan in support of its
6    application pursuant to Section 5-20 of the School
7    Construction Law.
8        (ii) The school district's application and facilities
9    plan are approved by, and the district receives a grant
10    entitlement for a school construction project issued by,
11    the State Board of Education under the School Construction
12    Law.
13        (iii) The school district has exhausted its bonding
14    capacity or the unused bonding capacity of the district is
15    less than the amount certified by the Capital Development
16    Board to the district under Section 5-15 of the School
17    Construction Law as the dollar amount of the school
18    construction project's cost that the district will be
19    required to finance with non-grant funds in order to
20    receive a school construction project grant under the
21    School Construction Law.
22        (iv) The bonds are issued for a "school construction
23    project", as that term is defined in Section 5-5 of the
24    School Construction Law, in an amount that does not exceed
25    the dollar amount certified, as provided in paragraph (iii)
26    of this subsection (n), by the Capital Development Board to

 

 

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1    the school district under Section 5-15 of the School
2    Construction Law.
3        (v) The voters of the district approve a proposition
4    for the issuance of the bonds at a referendum held after
5    the criteria specified in paragraphs (i) and (iii) of this
6    subsection (n) are met.
7        (vi) The bonds are issued pursuant to Sections 19-2
8    through 19-7 of the School Code.
9    (o) Notwithstanding any other provisions of this Section or
10the provisions of any other law, until November 1, 2007, a
11community unit school district maintaining grades K through 12
12may issue bonds up to an amount, including existing
13indebtedness, not exceeding 20% of the equalized assessed value
14of the taxable property in the district if all of the following
15conditions are met:
16        (i) the school district has an equalized assessed
17    valuation for calendar year 2001 of at least $737,000,000
18    and an enrollment for the 2002-2003 school year of at least
19    8,500;
20        (ii) the bonds are issued to purchase school sites,
21    build and equip a new high school, build and equip a new
22    junior high school, build and equip 5 new elementary
23    schools, and make technology and other improvements and
24    additions to existing schools;
25        (iii) at the time of the sale of the bonds, the board
26    of education determines by resolution that the sites and

 

 

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1    new or improved facilities are needed because of projected
2    enrollment increases;
3        (iv) at least 57% of those voting in a general election
4    held prior to January 1, 2003 approved a proposition for
5    the issuance of the bonds; and
6        (v) the bonds are issued pursuant to Sections 19-2
7    through 19-7 of this Code.
8    (p) Notwithstanding any other provisions of this Section or
9the provisions of any other law, a community unit school
10district maintaining grades K through 12 may issue bonds up to
11an amount, including indebtedness, not exceeding 27% of the
12equalized assessed value of the taxable property in the
13district if all of the following conditions are met:
14        (i) The school district has an equalized assessed
15    valuation for calendar year 2001 of at least $295,741,187
16    and a best 3 months' average daily attendance for the
17    2002-2003 school year of at least 2,394.
18        (ii) The bonds are issued to build and equip 3
19    elementary school buildings; build and equip one middle
20    school building; and alter, repair, improve, and equip all
21    existing school buildings in the district.
22        (iii) At the time of the sale of the bonds, the board
23    of education determines by resolution that the project is
24    needed because of expanding growth in the school district
25    and a projected enrollment increase.
26        (iv) The bonds are issued pursuant to Sections 19-2

 

 

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1    through 19-7 of this Code.
2    (p-5) Notwithstanding any other provisions of this Section
3or the provisions of any other law, bonds issued by a community
4unit school district maintaining grades K through 12 shall not
5be considered indebtedness for purposes of any statutory
6limitation and may be issued in an amount or amounts, including
7existing indebtedness, in excess of any heretofore or hereafter
8imposed statutory limitation as to indebtedness, if all of the
9following conditions are met:
10        (i) For each of the 4 most recent years, residential
11    property comprises more than 80% of the equalized assessed
12    valuation of the district.
13        (ii) At least 2 school buildings that were constructed
14    40 or more years prior to the issuance of the bonds will be
15    demolished and will be replaced by new buildings or
16    additions to one or more existing buildings.
17        (iii) Voters of the district approve a proposition for
18    the issuance of the bonds at a regularly scheduled
19    election.
20        (iv) At the time of the sale of the bonds, the school
21    board determines by resolution that the new buildings or
22    building additions are needed because of an increase in
23    enrollment projected by the school board.
24        (v) The principal amount of the bonds, including
25    existing indebtedness, does not exceed 25% of the equalized
26    assessed value of the taxable property in the district.

 

 

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

 

 

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1    pursuant to Sections 19-2 through 19-7 of this Code.
2    (p-15) In addition to all other authority to issue bonds,
3the Oswego Community Unit School District Number 308 may issue
4bonds with an aggregate principal amount not to exceed
5$450,000,000, but only if all of the following conditions are
6met:
7        (i) The voters of the district have approved a
8    proposition for the bond issue at the general election held
9    on November 7, 2006.
10        (ii) At the time of the sale of the bonds, the school
11    board determines, by resolution, that: (A) the building and
12    equipping of the new high school building, new junior high
13    school buildings, new elementary school buildings, early
14    childhood building, maintenance building, transportation
15    facility, and additions to existing school buildings, the
16    altering, repairing, equipping, and provision of
17    technology improvements to existing school buildings, and
18    the acquisition and improvement of school sites, as the
19    case may be, are required as a result of a projected
20    increase in the enrollment of students in the district; and
21    (B) the sale of bonds for these purposes is authorized by
22    legislation that exempts the debt incurred on the bonds
23    from the district's statutory debt limitation.
24        (iii) The bonds are issued, in one or more bond issues,
25    on or before November 7, 2011, but the aggregate principal
26    amount issued in all such bond issues combined must not

 

 

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1    exceed $450,000,000.
2        (iv) The bonds are issued in accordance with this
3    Article 19.
4        (v) The proceeds of the bonds are used only to
5    accomplish those projects approved by the voters at the
6    general election held on November 7, 2006.
7The debt incurred on any bonds issued under this subsection
8(p-15) shall not be considered indebtedness for purposes of any
9statutory debt limitation.
10    (p-20) In addition to all other authority to issue bonds,
11the Lincoln-Way Community High School District Number 210 may
12issue bonds with an aggregate principal amount not to exceed
13$225,000,000, but only if all of the following conditions are
14met:
15        (i) The voters of the district have approved a
16    proposition for the bond issue at the general primary
17    election held on March 21, 2006.
18        (ii) At the time of the sale of the bonds, the school
19    board determines, by resolution, that: (A) the building and
20    equipping of the new high school buildings, the altering,
21    repairing, and equipping of existing school buildings, and
22    the improvement of school sites, as the case may be, are
23    required as a result of a projected increase in the
24    enrollment of students in the district; and (B) the sale of
25    bonds for these purposes is authorized by legislation that
26    exempts the debt incurred on the bonds from the district's

 

 

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1    statutory debt limitation.
2        (iii) The bonds are issued, in one or more bond issues,
3    on or before March 21, 2011, but the aggregate principal
4    amount issued in all such bond issues combined must not
5    exceed $225,000,000.
6        (iv) The bonds are issued in accordance with this
7    Article 19.
8        (v) The proceeds of the bonds are used only to
9    accomplish those projects approved by the voters at the
10    primary election held on March 21, 2006.
11The debt incurred on any bonds issued under this subsection
12(p-20) shall not be considered indebtedness for purposes of any
13statutory debt limitation.
14    (p-25) In addition to all other authority to issue bonds,
15Rochester Community Unit School District 3A may issue bonds
16with an aggregate principal amount not to exceed $18,500,000,
17but only if all of the following conditions are met:
18        (i) The voters of the district approve a proposition
19    for the bond issuance at the general primary election held
20    in 2008.
21        (ii) At the time of the sale of the bonds, the school
22    board determines, by resolution, that: (A) the building and
23    equipping of a new high school building; the addition of
24    classrooms and support facilities at the high school,
25    middle school, and elementary school; the altering,
26    repairing, and equipping of existing school buildings; and

 

 

HB5447 Enrolled- 1038 -LRB100 16294 AMC 31417 b

1    the improvement of school sites, as the case may be, are
2    required as a result of a projected increase in the
3    enrollment of students in the district; and (B) the sale of
4    bonds for these purposes is authorized by a law that
5    exempts the debt incurred on the bonds from the district's
6    statutory debt limitation.
7        (iii) The bonds are issued, in one or more bond issues,
8    on or before December 31, 2012, but the aggregate principal
9    amount issued in all such bond issues combined must not
10    exceed $18,500,000.
11        (iv) The bonds are issued in accordance with this
12    Article 19.
13        (v) The proceeds of the bonds are used to accomplish
14    only those projects approved by the voters at the primary
15    election held in 2008.
16The debt incurred on any bonds issued under this subsection
17(p-25) shall not be considered indebtedness for purposes of any
18statutory debt limitation.
19    (p-30) In addition to all other authority to issue bonds,
20Prairie Grove Consolidated School District 46 may issue bonds
21with an aggregate principal amount not to exceed $30,000,000,
22but only if all of the following conditions are met:
23        (i) The voters of the district approve a proposition
24    for the bond issuance at an election held in 2008.
25        (ii) At the time of the sale of the bonds, the school
26    board determines, by resolution, that (A) the building and

 

 

HB5447 Enrolled- 1039 -LRB100 16294 AMC 31417 b

1    equipping of a new school building and additions to
2    existing school buildings are required as a result of a
3    projected increase in the enrollment of students in the
4    district and (B) the altering, repairing, and equipping of
5    existing school buildings are required because of the age
6    of the existing school buildings.
7        (iii) The bonds are issued, in one or more bond
8    issuances, on or before December 31, 2012; however, the
9    aggregate principal amount issued in all such bond
10    issuances combined must not exceed $30,000,000.
11        (iv) The bonds are issued in accordance with this
12    Article.
13        (v) The proceeds of the bonds are used to accomplish
14    only those projects approved by the voters at an election
15    held in 2008.
16The debt incurred on any bonds issued under this subsection
17(p-30) shall not be considered indebtedness for purposes of any
18statutory debt limitation.
19    (p-35) In addition to all other authority to issue bonds,
20Prairie Hill Community Consolidated School District 133 may
21issue bonds with an aggregate principal amount not to exceed
22$13,900,000, but only if all of the following conditions are
23met:
24        (i) The voters of the district approved a proposition
25    for the bond issuance at an election held on April 17,
26    2007.

 

 

HB5447 Enrolled- 1040 -LRB100 16294 AMC 31417 b

1        (ii) At the time of the sale of the bonds, the school
2    board determines, by resolution, that (A) the improvement
3    of the site of and the building and equipping of a school
4    building are required as a result of a projected increase
5    in the enrollment of students in the district and (B) the
6    repairing and equipping of the Prairie Hill Elementary
7    School building is required because of the age of that
8    school building.
9        (iii) The bonds are issued, in one or more bond
10    issuances, on or before December 31, 2011, but the
11    aggregate principal amount issued in all such bond
12    issuances combined must not exceed $13,900,000.
13        (iv) The bonds are issued in accordance with this
14    Article.
15        (v) The proceeds of the bonds are used to accomplish
16    only those projects approved by the voters at an election
17    held on April 17, 2007.
18The debt incurred on any bonds issued under this subsection
19(p-35) shall not be considered indebtedness for purposes of any
20statutory debt limitation.
21    (p-40) In addition to all other authority to issue bonds,
22Mascoutah Community Unit District 19 may issue bonds with an
23aggregate principal amount not to exceed $55,000,000, but only
24if all of the following conditions are met:
25        (1) The voters of the district approve a proposition
26    for the bond issuance at a regular election held on or

 

 

HB5447 Enrolled- 1041 -LRB100 16294 AMC 31417 b

1    after November 4, 2008.
2        (2) At the time of the sale of the bonds, the school
3    board determines, by resolution, that (i) the building and
4    equipping of a new high school building is required as a
5    result of a projected increase in the enrollment of
6    students in the district and the age and condition of the
7    existing high school building, (ii) the existing high
8    school building will be demolished, and (iii) the sale of
9    bonds is authorized by statute that exempts the debt
10    incurred on the bonds from the district's statutory debt
11    limitation.
12        (3) The bonds are issued, in one or more bond
13    issuances, on or before December 31, 2011, but the
14    aggregate principal amount issued in all such bond
15    issuances combined must not exceed $55,000,000.
16        (4) The bonds are issued in accordance with this
17    Article.
18        (5) The proceeds of the bonds are used to accomplish
19    only those projects approved by the voters at a regular
20    election held on or after November 4, 2008.
21    The debt incurred on any bonds issued under this subsection
22(p-40) shall not be considered indebtedness for purposes of any
23statutory debt limitation.
24    (p-45) Notwithstanding the provisions of subsection (a) of
25this Section or of any other law, bonds issued pursuant to
26Section 19-3.5 of this Code shall not be considered

 

 

HB5447 Enrolled- 1042 -LRB100 16294 AMC 31417 b

1indebtedness for purposes of any statutory limitation if the
2bonds are issued in an amount or amounts, including existing
3indebtedness of the school district, not in excess of 18.5% of
4the value of the taxable property in the district to be
5ascertained by the last assessment for State and county taxes.
6    (p-50) Notwithstanding the provisions of subsection (a) of
7this Section or of any other law, bonds issued pursuant to
8Section 19-3.10 of this Code shall not be considered
9indebtedness for purposes of any statutory limitation if the
10bonds are issued in an amount or amounts, including existing
11indebtedness of the school district, not in excess of 43% of
12the value of the taxable property in the district to be
13ascertained by the last assessment for State and county taxes.
14    (p-55) In addition to all other authority to issue bonds,
15Belle Valley School District 119 may issue bonds with an
16aggregate principal amount not to exceed $47,500,000, but only
17if all of the following conditions are met:
18        (1) The voters of the district approve a proposition
19    for the bond issuance at an election held on or after April
20    7, 2009.
21        (2) Prior to the issuance of the bonds, the school
22    board determines, by resolution, that (i) the building and
23    equipping of a new school building is required as a result
24    of mine subsidence in an existing school building and
25    because of the age and condition of another existing school
26    building and (ii) the issuance of bonds is authorized by

 

 

HB5447 Enrolled- 1043 -LRB100 16294 AMC 31417 b

1    statute that exempts the debt incurred on the bonds from
2    the district's statutory debt limitation.
3        (3) The bonds are issued, in one or more bond
4    issuances, on or before March 31, 2014, but the aggregate
5    principal amount issued in all such bond issuances combined
6    must not exceed $47,500,000.
7        (4) The bonds are issued in accordance with this
8    Article.
9        (5) The proceeds of the bonds are used to accomplish
10    only those projects approved by the voters at an election
11    held on or after April 7, 2009.
12    The debt incurred on any bonds issued under this subsection
13(p-55) shall not be considered indebtedness for purposes of any
14statutory debt limitation. Bonds issued under this subsection
15(p-55) must mature within not to exceed 30 years from their
16date, notwithstanding any other law to the contrary.
17    (p-60) In addition to all other authority to issue bonds,
18Wilmington Community Unit School District Number 209-U may
19issue bonds with an aggregate principal amount not to exceed
20$2,285,000, but only if all of the following conditions are
21met:
22        (1) The proceeds of the bonds are used to accomplish
23    only those projects approved by the voters at the general
24    primary election held on March 21, 2006.
25        (2) Prior to the issuance of the bonds, the school
26    board determines, by resolution, that (i) the projects

 

 

HB5447 Enrolled- 1044 -LRB100 16294 AMC 31417 b

1    approved by the voters were and are required because of the
2    age and condition of the school district's prior and
3    existing school buildings and (ii) the issuance of the
4    bonds is authorized by legislation that exempts the debt
5    incurred on the bonds from the district's statutory debt
6    limitation.
7        (3) The bonds are issued in one or more bond issuances
8    on or before March 1, 2011, but the aggregate principal
9    amount issued in all those bond issuances combined must not
10    exceed $2,285,000.
11        (4) The bonds are issued in accordance with this
12    Article.
13    The debt incurred on any bonds issued under this subsection
14(p-60) shall not be considered indebtedness for purposes of any
15statutory debt limitation.
16    (p-65) In addition to all other authority to issue bonds,
17West Washington County Community Unit School District 10 may
18issue bonds with an aggregate principal amount not to exceed
19$32,200,000 and maturing over a period not exceeding 25 years,
20but only if all of the following conditions are met:
21        (1) The voters of the district approve a proposition
22    for the bond issuance at an election held on or after
23    February 2, 2010.
24        (2) Prior to the issuance of the bonds, the school
25    board determines, by resolution, that (A) all or a portion
26    of the existing Okawville Junior/Senior High School

 

 

HB5447 Enrolled- 1045 -LRB100 16294 AMC 31417 b

1    Building will be demolished; (B) the building and equipping
2    of a new school building to be attached to and the
3    alteration, repair, and equipping of the remaining portion
4    of the Okawville Junior/Senior High School Building is
5    required because of the age and current condition of that
6    school building; and (C) the issuance of bonds is
7    authorized by a statute that exempts the debt incurred on
8    the bonds from the district's statutory debt limitation.
9        (3) The bonds are issued, in one or more bond
10    issuances, on or before March 31, 2014, but the aggregate
11    principal amount issued in all such bond issuances combined
12    must not exceed $32,200,000.
13        (4) The bonds are issued in accordance with this
14    Article.
15        (5) The proceeds of the bonds are used to accomplish
16    only those projects approved by the voters at an election
17    held on or after February 2, 2010.
18    The debt incurred on any bonds issued under this subsection
19(p-65) shall not be considered indebtedness for purposes of any
20statutory debt limitation.
21    (p-70) In addition to all other authority to issue bonds,
22Cahokia Community Unit School District 187 may issue bonds with
23an aggregate principal amount not to exceed $50,000,000, but
24only if all the following conditions are met:
25        (1) The voters of the district approve a proposition
26    for the bond issuance at an election held on or after

 

 

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1    November 2, 2010.
2        (2) Prior to the issuance of the bonds, the school
3    board determines, by resolution, that (i) the building and
4    equipping of a new school building is required as a result
5    of the age and condition of an existing school building and
6    (ii) the issuance of bonds is authorized by a statute that
7    exempts the debt incurred on the bonds from the district's
8    statutory debt limitation.
9        (3) The bonds are issued, in one or more issuances, on
10    or before July 1, 2016, but the aggregate principal amount
11    issued in all such bond issuances combined must not exceed
12    $50,000,000.
13        (4) The bonds are issued in accordance with this
14    Article.
15        (5) The proceeds of the bonds are used to accomplish
16    only those projects approved by the voters at an election
17    held on or after November 2, 2010.
18    The debt incurred on any bonds issued under this subsection
19(p-70) shall not be considered indebtedness for purposes of any
20statutory debt limitation. Bonds issued under this subsection
21(p-70) must mature within not to exceed 25 years from their
22date, notwithstanding any other law, including Section 19-3 of
23this Code, to the contrary.
24    (p-75) Notwithstanding the debt limitation prescribed in
25subsection (a) of this Section or any other provisions of this
26Section or of any other law, the execution of leases on or

 

 

HB5447 Enrolled- 1047 -LRB100 16294 AMC 31417 b

1after January 1, 2007 and before July 1, 2011 by the Board of
2Education of Peoria School District 150 with a public building
3commission for leases entered into pursuant to the Public
4Building Commission Act shall not be considered indebtedness
5for purposes of any statutory debt limitation.
6    This subsection (p-75) applies only if the State Board of
7Education or the Capital Development Board makes one or more
8grants to Peoria School District 150 pursuant to the School
9Construction Law. The amount exempted from the debt limitation
10as prescribed in this subsection (p-75) shall be no greater
11than the amount of one or more grants awarded to Peoria School
12District 150 by the State Board of Education or the Capital
13Development Board.
14    (p-80) In addition to all other authority to issue bonds,
15Ridgeland School District 122 may issue bonds with an aggregate
16principal amount not to exceed $50,000,000 for the purpose of
17refunding or continuing to refund bonds originally issued
18pursuant to voter approval at the general election held on
19November 7, 2000, and the debt incurred on any bonds issued
20under this subsection (p-80) shall not be considered
21indebtedness for purposes of any statutory debt limitation.
22Bonds issued under this subsection (p-80) may be issued in one
23or more issuances and must mature within not to exceed 25 years
24from their date, notwithstanding any other law, including
25Section 19-3 of this Code, to the contrary.
26    (p-85) In addition to all other authority to issue bonds,

 

 

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1Hall High School District 502 may issue bonds with an aggregate
2principal amount not to exceed $32,000,000, but only if all the
3following conditions are met:
4        (1) The voters of the district approve a proposition
5    for the bond issuance at an election held on or after April
6    9, 2013.
7        (2) Prior to the issuance of the bonds, the school
8    board determines, by resolution, that (i) the building and
9    equipping of a new school building is required as a result
10    of the age and condition of an existing school building,
11    (ii) the existing school building should be demolished in
12    its entirety or the existing school building should be
13    demolished except for the 1914 west wing of the building,
14    and (iii) the issuance of bonds is authorized by a statute
15    that exempts the debt incurred on the bonds from the
16    district's statutory debt limitation.
17        (3) The bonds are issued, in one or more issuances, not
18    later than 5 years after the date of the referendum
19    approving the issuance of the bonds, but the aggregate
20    principal amount issued in all such bond issuances combined
21    must not exceed $32,000,000.
22        (4) The bonds are issued in accordance with this
23    Article.
24        (5) The proceeds of the bonds are used to accomplish
25    only those projects approved by the voters at an election
26    held on or after April 9, 2013.

 

 

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1    The debt incurred on any bonds issued under this subsection
2(p-85) shall not be considered indebtedness for purposes of any
3statutory debt limitation. Bonds issued under this subsection
4(p-85) must mature within not to exceed 30 years from their
5date, notwithstanding any other law, including Section 19-3 of
6this Code, to the contrary.
7    (p-90) In addition to all other authority to issue bonds,
8Lebanon Community Unit School District 9 may issue bonds with
9an aggregate principal amount not to exceed $7,500,000, but
10only if all of the following conditions are met:
11        (1) The voters of the district approved a proposition
12    for the bond issuance at the general primary election on
13    February 2, 2010.
14        (2) At or prior to the time of the sale of the bonds,
15    the school board determines, by resolution, that (i) the
16    building and equipping of a new elementary school building
17    is required as a result of a projected increase in the
18    enrollment of students in the district and the age and
19    condition of the existing Lebanon Elementary School
20    building, (ii) a portion of the existing Lebanon Elementary
21    School building will be demolished and the remaining
22    portion will be altered, repaired, and equipped, and (iii)
23    the sale of bonds is authorized by a statute that exempts
24    the debt incurred on the bonds from the district's
25    statutory debt limitation.
26        (3) The bonds are issued, in one or more bond

 

 

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1    issuances, on or before April 1, 2014, but the aggregate
2    principal amount issued in all such bond issuances combined
3    must not exceed $7,500,000.
4        (4) The bonds are issued in accordance with this
5    Article.
6        (5) The proceeds of the bonds are used to accomplish
7    only those projects approved by the voters at the general
8    primary election held on February 2, 2010.
9    The debt incurred on any bonds issued under this subsection
10(p-90) shall not be considered indebtedness for purposes of any
11statutory debt limitation.
12    (p-95) In addition to all other authority to issue bonds,
13Monticello Community Unit School District 25 may issue bonds
14with an aggregate principal amount not to exceed $35,000,000,
15but only if all of the following conditions are met:
16        (1) The voters of the district approve a proposition
17    for the bond issuance at an election held on or after
18    November 4, 2014.
19        (2) Prior to the issuance of the bonds, the school
20    board determines, by resolution, that (i) the building and
21    equipping of a new school building is required as a result
22    of the age and condition of an existing school building and
23    (ii) the issuance of bonds is authorized by a statute that
24    exempts the debt incurred on the bonds from the district's
25    statutory debt limitation.
26        (3) The bonds are issued, in one or more issuances, on

 

 

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1    or before July 1, 2020, but the aggregate principal amount
2    issued in all such bond issuances combined must not exceed
3    $35,000,000.
4        (4) The bonds are issued in accordance with this
5    Article.
6        (5) The proceeds of the bonds are used to accomplish
7    only those projects approved by the voters at an election
8    held on or after November 4, 2014.
9    The debt incurred on any bonds issued under this subsection
10(p-95) shall not be considered indebtedness for purposes of any
11statutory debt limitation. Bonds issued under this subsection
12(p-95) must mature within not to exceed 25 years from their
13date, notwithstanding any other law, including Section 19-3 of
14this Code, to the contrary.
15    (p-100) In addition to all other authority to issue bonds,
16the community unit school district created in the territory
17comprising Milford Community Consolidated School District 280
18and Milford Township High School District 233, as approved at
19the general primary election held on March 18, 2014, may issue
20bonds with an aggregate principal amount not to exceed
21$17,500,000, but only if all the following conditions are met:
22        (1) The voters of the district approve a proposition
23    for the bond issuance at an election held on or after
24    November 4, 2014.
25        (2) Prior to the issuance of the bonds, the school
26    board determines, by resolution, that (i) the building and

 

 

HB5447 Enrolled- 1052 -LRB100 16294 AMC 31417 b

1    equipping of a new school building is required as a result
2    of the age and condition of an existing school building and
3    (ii) the issuance of bonds is authorized by a statute that
4    exempts the debt incurred on the bonds from the district's
5    statutory debt limitation.
6        (3) The bonds are issued, in one or more issuances, on
7    or before July 1, 2020, but the aggregate principal amount
8    issued in all such bond issuances combined must not exceed
9    $17,500,000.
10        (4) The bonds are issued in accordance with this
11    Article.
12        (5) The proceeds of the bonds are used to accomplish
13    only those projects approved by the voters at an election
14    held on or after November 4, 2014.
15    The debt incurred on any bonds issued under this subsection
16(p-100) shall not be considered indebtedness for purposes of
17any statutory debt limitation. Bonds issued under this
18subsection (p-100) must mature within not to exceed 25 years
19from their date, notwithstanding any other law, including
20Section 19-3 of this Code, to the contrary.
21    (p-105) In addition to all other authority to issue bonds,
22North Shore School District 112 may issue bonds with an
23aggregate principal amount not to exceed $150,000,000, but only
24if all of the following conditions are met:
25        (1) The voters of the district approve a proposition
26    for the bond issuance at an election held on or after March

 

 

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1    15, 2016.
2        (2) Prior to the issuance of the bonds, the school
3    board determines, by resolution, that (i) the building and
4    equipping of new buildings and improving the sites thereof
5    and the building and equipping of additions to, altering,
6    repairing, equipping, and renovating existing buildings
7    and improving the sites thereof are required as a result of
8    the age and condition of the district's existing buildings
9    and (ii) the issuance of bonds is authorized by a statute
10    that exempts the debt incurred on the bonds from the
11    district's statutory debt limitation.
12        (3) The bonds are issued, in one or more issuances, not
13    later than 5 years after the date of the referendum
14    approving the issuance of the bonds, but the aggregate
15    principal amount issued in all such bond issuances combined
16    must not exceed $150,000,000.
17        (4) The bonds are issued in accordance with this
18    Article.
19        (5) The proceeds of the bonds are used to accomplish
20    only those projects approved by the voters at an election
21    held on or after March 15, 2016.
22    The debt incurred on any bonds issued under this subsection
23(p-105) and on any bonds issued to refund or continue to refund
24such bonds shall not be considered indebtedness for purposes of
25any statutory debt limitation. Bonds issued under this
26subsection (p-105) and any bonds issued to refund or continue

 

 

HB5447 Enrolled- 1054 -LRB100 16294 AMC 31417 b

1to refund such bonds must mature within not to exceed 30 years
2from their date, notwithstanding any other law, including
3Section 19-3 of this Code, to the contrary.
4    (p-110) In addition to all other authority to issue bonds,
5Sandoval Community Unit School District 501 may issue bonds
6with an aggregate principal amount not to exceed $2,000,000,
7but only if all of the following conditions are met:
8        (1) The voters of the district approved a proposition
9    for the bond issuance at an election held on March 20,
10    2012.
11        (2) Prior to the issuance of the bonds, the school
12    board determines, by resolution, that (i) the building and
13    equipping of a new school building is required because of
14    the age and current condition of the Sandoval Elementary
15    School building and (ii) the issuance of bonds is
16    authorized by a statute that exempts the debt incurred on
17    the bonds from the district's statutory debt limitation.
18        (3) The bonds are issued, in one or more bond
19    issuances, on or before March 19, 2022, but the aggregate
20    principal amount issued in all such bond issuances combined
21    must not exceed $2,000,000.
22        (4) The bonds are issued in accordance with this
23    Article.
24        (5) The proceeds of the bonds are used to accomplish
25    only those projects approved by the voters at the election
26    held on March 20, 2012.

 

 

HB5447 Enrolled- 1055 -LRB100 16294 AMC 31417 b

1    The debt incurred on any bonds issued under this subsection
2(p-110) and on any bonds issued to refund or continue to refund
3the bonds shall not be considered indebtedness for purposes of
4any statutory debt limitation.
5    (p-115) In addition to all other authority to issue bonds,
6Bureau Valley Community Unit School District 340 may issue
7bonds with an aggregate principal amount not to exceed
8$25,000,000, but only if all of the following conditions are
9met:
10        (1) The voters of the district approve a proposition
11    for the bond issuance at an election held on or after March
12    15, 2016.
13        (2) Prior to the issuances of the bonds, the school
14    board determines, by resolution, that (i) the renovating
15    and equipping of some existing school buildings, the
16    building and equipping of new school buildings, and the
17    demolishing of some existing school buildings are required
18    as a result of the age and condition of existing school
19    buildings and (ii) the issuance of bonds is authorized by a
20    statute that exempts the debt incurred on the bonds from
21    the district's statutory debt limitation.
22        (3) The bonds are issued, in one or more issuances, on
23    or before July 1, 2021, but the aggregate principal amount
24    issued in all such bond issuances combined must not exceed
25    $25,000,000.
26        (4) The bonds are issued in accordance with this

 

 

HB5447 Enrolled- 1056 -LRB100 16294 AMC 31417 b

1    Article.
2        (5) The proceeds of the bonds are used to accomplish
3    only those projects approved by the voters at an election
4    held on or after March 15, 2016.
5    The debt incurred on any bonds issued under this subsection
6(p-115) shall not be considered indebtedness for purposes of
7any statutory debt limitation. Bonds issued under this
8subsection (p-115) must mature within not to exceed 30 years
9from their date, notwithstanding any other law, including
10Section 19-3 of this Code, to the contrary.
11    (p-120) In addition to all other authority to issue bonds,
12Paxton-Buckley-Loda Community Unit School District 10 may
13issue bonds with an aggregate principal amount not to exceed
14$28,500,000, but only if all the following conditions are met:
15        (1) The voters of the district approve a proposition
16    for the bond issuance at an election held on or after
17    November 8, 2016.
18        (2) Prior to the issuance of the bonds, the school
19    board determines, by resolution, that (i) the projects as
20    described in said proposition, relating to the building and
21    equipping of one or more school buildings or additions to
22    existing school buildings, are required as a result of the
23    age and condition of the District's existing buildings and
24    (ii) the issuance of bonds is authorized by a statute that
25    exempts the debt incurred on the bonds from the district's
26    statutory debt limitation.

 

 

HB5447 Enrolled- 1057 -LRB100 16294 AMC 31417 b

1        (3) The bonds are issued, in one or more issuances, not
2    later than 5 years after the date of the referendum
3    approving the issuance of the bonds, but the aggregate
4    principal amount issued in all such bond issuances combined
5    must not exceed $28,500,000.
6        (4) The bonds are issued in accordance with this
7    Article.
8        (5) The proceeds of the bonds are used to accomplish
9    only those projects approved by the voters at an election
10    held on or after November 8, 2016.
11    The debt incurred on any bonds issued under this subsection
12(p-120) and on any bonds issued to refund or continue to refund
13such bonds shall not be considered indebtedness for purposes of
14any statutory debt limitation. Bonds issued under this
15subsection (p-120) and any bonds issued to refund or continue
16to refund such bonds must mature within not to exceed 25 years
17from their date, notwithstanding any other law, including
18Section 19-3 of this Code, to the contrary.
19    (p-125) In addition to all other authority to issue bonds,
20Hillsboro Community Unit School District 3 may issue bonds with
21an aggregate principal amount not to exceed $34,500,000, but
22only if all the following conditions are met:
23        (1) The voters of the district approve a proposition
24    for the bond issuance at an election held on or after March
25    15, 2016.
26        (2) Prior to the issuance of the bonds, the school

 

 

HB5447 Enrolled- 1058 -LRB100 16294 AMC 31417 b

1    board determines, by resolution, that (i) altering,
2    repairing, and equipping the high school
3    agricultural/vocational building, demolishing the high
4    school main, cafeteria, and gym buildings, building and
5    equipping a school building, and improving sites are
6    required as a result of the age and condition of the
7    district's existing buildings and (ii) the issuance of
8    bonds is authorized by a statute that exempts the debt
9    incurred on the bonds from the district's statutory debt
10    limitation.
11        (3) The bonds are issued, in one or more issuances, not
12    later than 5 years after the date of the referendum
13    approving the issuance of the bonds, but the aggregate
14    principal amount issued in all such bond issuances combined
15    must not exceed $34,500,000.
16        (4) The bonds are issued in accordance with this
17    Article.
18        (5) The proceeds of the bonds are used to accomplish
19    only those projects approved by the voters at an election
20    held on or after March 15, 2016.
21    The debt incurred on any bonds issued under this subsection
22(p-125) and on any bonds issued to refund or continue to refund
23such bonds shall not be considered indebtedness for purposes of
24any statutory debt limitation. Bonds issued under this
25subsection (p-125) and any bonds issued to refund or continue
26to refund such bonds must mature within not to exceed 25 years

 

 

HB5447 Enrolled- 1059 -LRB100 16294 AMC 31417 b

1from their date, notwithstanding any other law, including
2Section 19-3 of this Code, to the contrary.
3    (p-130) In addition to all other authority to issue bonds,
4Waltham Community Consolidated School District 185 may incur
5indebtedness in an aggregate principal amount not to exceed
6$9,500,000 to build and equip a new school building and improve
7the site thereof, but only if all the following conditions are
8met:
9        (1) A majority of the voters of the district voting on
10    an advisory question voted in favor of the question
11    regarding the use of funding sources to build a new school
12    building without increasing property tax rates at the
13    general election held on November 8, 2016.
14        (2) Prior to incurring the debt, the school board
15    enters into intergovernmental agreements with the City of
16    LaSalle to pledge moneys in a special tax allocation fund
17    associated with tax increment financing districts LaSalle
18    I and LaSalle III and with the Village of Utica to pledge
19    moneys in a special tax allocation fund associated with tax
20    increment financing district Utica I for the purposes of
21    repaying the debt issued pursuant to this subsection
22    (p-130). Notwithstanding any other provision of law to the
23    contrary, the intergovernmental agreement may extend these
24    tax increment financing districts as necessary to ensure
25    repayment of the debt.
26        (3) Prior to incurring the debt, the school board

 

 

HB5447 Enrolled- 1060 -LRB100 16294 AMC 31417 b

1    determines, by resolution, that (i) the building and
2    equipping of a new school building is required as a result
3    of the age and condition of the district's existing
4    buildings and (ii) the debt is authorized by a statute that
5    exempts the debt from the district's statutory debt
6    limitation.
7        (4) The debt is incurred, in one or more issuances, not
8    later than January 1, 2021, and the aggregate principal
9    amount of debt issued in all such issuances combined must
10    not exceed $9,500,000.
11    The debt incurred under this subsection (p-130) and on any
12bonds issued to pay, refund, or continue to refund such debt
13shall not be considered indebtedness for purposes of any
14statutory debt limitation. Debt issued under this subsection
15(p-130) and any bonds issued to pay, refund, or continue to
16refund such debt must mature within not to exceed 25 years from
17their date, notwithstanding any other law, including Section
1819-11 of this Code and subsection (b) of Section 17 of the
19Local Government Debt Reform Act, to the contrary.
20    (q) A school district must notify the State Board of
21Education prior to issuing any form of long-term or short-term
22debt that will result in outstanding debt that exceeds 75% of
23the debt limit specified in this Section or any other provision
24of law.
25(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15;
2699-390, eff. 8-18-15; 99-642, eff. 7-28-16; 99-735, eff.

 

 

HB5447 Enrolled- 1061 -LRB100 16294 AMC 31417 b

18-5-16; 99-926, eff. 1-20-17; 100-531, eff. 9-22-17.)
 
2    (Text of Section after amendment by P.A. 100-503)
3    Sec. 19-1. Debt limitations of school districts.
4    (a) School districts shall not be subject to the provisions
5limiting their indebtedness prescribed in the Local Government
6Debt Limitation Act.
7    No school districts maintaining grades K through 8 or 9
8through 12 shall become indebted in any manner or for any
9purpose to an amount, including existing indebtedness, in the
10aggregate exceeding 6.9% on the value of the taxable property
11therein to be ascertained by the last assessment for State and
12county taxes or, until January 1, 1983, if greater, the sum
13that is produced by multiplying the school district's 1978
14equalized assessed valuation by the debt limitation percentage
15in effect on January 1, 1979, previous to the incurring of such
16indebtedness.
17    No school districts maintaining grades K through 12 shall
18become indebted in any manner or for any purpose to an amount,
19including existing indebtedness, in the aggregate exceeding
2013.8% on the value of the taxable property therein to be
21ascertained by the last assessment for State and county taxes
22or, until January 1, 1983, if greater, the sum that is produced
23by multiplying the school district's 1978 equalized assessed
24valuation by the debt limitation percentage in effect on
25January 1, 1979, previous to the incurring of such

 

 

HB5447 Enrolled- 1062 -LRB100 16294 AMC 31417 b

1indebtedness.
2    No partial elementary unit district, as defined in Article
311E of this Code, shall become indebted in any manner or for
4any purpose in an amount, including existing indebtedness, in
5the aggregate exceeding 6.9% of the value of the taxable
6property of the entire district, to be ascertained by the last
7assessment for State and county taxes, plus an amount,
8including existing indebtedness, in the aggregate exceeding
96.9% of the value of the taxable property of that portion of
10the district included in the elementary and high school
11classification, to be ascertained by the last assessment for
12State and county taxes. Moreover, no partial elementary unit
13district, as defined in Article 11E of this Code, shall become
14indebted on account of bonds issued by the district for high
15school purposes in the aggregate exceeding 6.9% of the value of
16the taxable property of the entire district, to be ascertained
17by the last assessment for State and county taxes, nor shall
18the district become indebted on account of bonds issued by the
19district for elementary purposes in the aggregate exceeding
206.9% of the value of the taxable property for that portion of
21the district included in the elementary and high school
22classification, to be ascertained by the last assessment for
23State and county taxes.
24    Notwithstanding the provisions of any other law to the
25contrary, in any case in which the voters of a school district
26have approved a proposition for the issuance of bonds of such

 

 

HB5447 Enrolled- 1063 -LRB100 16294 AMC 31417 b

1school district at an election held prior to January 1, 1979,
2and all of the bonds approved at such election have not been
3issued, the debt limitation applicable to such school district
4during the calendar year 1979 shall be computed by multiplying
5the value of taxable property therein, including personal
6property, as ascertained by the last assessment for State and
7county taxes, previous to the incurring of such indebtedness,
8by the percentage limitation applicable to such school district
9under the provisions of this subsection (a).
10    (a-5) After January 1, 2018, no school district may issue
11bonds under Sections 19-2 through 19-7 of this Code and rely on
12an exception to the debt limitations in this Section unless it
13has complied with the requirements of Section 21 of the Bond
14Issue Notification Act and the bonds have been approved by
15referendum.
16    (b) Notwithstanding the debt limitation prescribed in
17subsection (a) of this Section, additional indebtedness may be
18incurred in an amount not to exceed the estimated cost of
19acquiring or improving school sites or constructing and
20equipping additional building facilities under the following
21conditions:
22        (1) Whenever the enrollment of students for the next
23    school year is estimated by the board of education to
24    increase over the actual present enrollment by not less
25    than 35% or by not less than 200 students or the actual
26    present enrollment of students has increased over the

 

 

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1    previous school year by not less than 35% or by not less
2    than 200 students and the board of education determines
3    that additional school sites or building facilities are
4    required as a result of such increase in enrollment; and
5        (2) When the Regional Superintendent of Schools having
6    jurisdiction over the school district and the State
7    Superintendent of Education concur in such enrollment
8    projection or increase and approve the need for such
9    additional school sites or building facilities and the
10    estimated cost thereof; and
11        (3) When the voters in the school district approve a
12    proposition for the issuance of bonds for the purpose of
13    acquiring or improving such needed school sites or
14    constructing and equipping such needed additional building
15    facilities at an election called and held for that purpose.
16    Notice of such an election shall state that the amount of
17    indebtedness proposed to be incurred would exceed the debt
18    limitation otherwise applicable to the school district.
19    The ballot for such proposition shall state what percentage
20    of the equalized assessed valuation will be outstanding in
21    bonds if the proposed issuance of bonds is approved by the
22    voters; or
23        (4) Notwithstanding the provisions of paragraphs (1)
24    through (3) of this subsection (b), if the school board
25    determines that additional facilities are needed to
26    provide a quality educational program and not less than 2/3

 

 

HB5447 Enrolled- 1065 -LRB100 16294 AMC 31417 b

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

 

 

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1January 1, 1979.
2    The indebtedness provided for by this subsection (b) shall
3be in addition to and in excess of any other debt limitation.
4    (c) Notwithstanding the debt limitation prescribed in
5subsection (a) of this Section, in any case in which a public
6question for the issuance of bonds of a proposed school
7district maintaining grades kindergarten through 12 received
8at least 60% of the valid ballots cast on the question at an
9election held on or prior to November 8, 1994, and in which the
10bonds approved at such election have not been issued, the
11school district pursuant to the requirements of Section 11A-10
12(now repealed) may issue the total amount of bonds approved at
13such election for the purpose stated in the question.
14    (d) Notwithstanding the debt limitation prescribed in
15subsection (a) of this Section, a school district that meets
16all the criteria set forth in paragraphs (1) and (2) of this
17subsection (d) may incur an additional indebtedness in an
18amount not to exceed $4,500,000, even though the amount of the
19additional indebtedness authorized by this subsection (d),
20when incurred and added to the aggregate amount of indebtedness
21of the district existing immediately prior to the district
22incurring the additional indebtedness authorized by this
23subsection (d), causes the aggregate indebtedness of the
24district to exceed the debt limitation otherwise applicable to
25that district under subsection (a):
26        (1) The additional indebtedness authorized by this

 

 

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

 

 

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1meeting the following criteria shall not be considered
2indebtedness for purposes of any statutory limitation and may
3be issued in an amount or amounts, including existing
4indebtedness, in excess of any heretofore or hereafter imposed
5statutory limitation as to indebtedness:
6        (1) At the time of the sale of such bonds, the board of
7    education of the district shall have determined by
8    resolution that the enrollment of students in the district
9    is projected to increase by not less than 7% during each of
10    the next succeeding 2 school years.
11        (2) The board of education shall also determine by
12    resolution that the improvements to be financed with the
13    proceeds of the bonds are needed because of the projected
14    enrollment increases.
15        (3) The board of education shall also determine by
16    resolution that the projected increases in enrollment are
17    the result of improvements made or expected to be made to
18    passenger rail facilities located in the school district.
19    Notwithstanding the provisions of subsection (a) of this
20Section or of any other law, a school district that has availed
21itself of the provisions of this subsection (f) prior to July
2222, 2004 (the effective date of Public Act 93-799) may also
23issue bonds approved by referendum up to an amount, including
24existing indebtedness, not exceeding 25% of the equalized
25assessed value of the taxable property in the district if all
26of the conditions set forth in items (1), (2), and (3) of this

 

 

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

 

 

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1    attendance of less than 1,500 and an equalized assessed
2    valuation of less than $29,000,000.
3    (h) Notwithstanding any other provisions of this Section or
4the provisions of any other law, until January 1, 1998, a
5community unit school district maintaining grades K through 12
6may issue bonds up to an amount, including existing
7indebtedness, not exceeding 27.6% of the equalized assessed
8value of the taxable property in the district, if all of the
9following conditions are met:
10        (i) The school district has an equalized assessed
11    valuation for calendar year 1995 of less than $24,000,000;
12        (ii) The bonds are issued for the capital improvement,
13    renovation, rehabilitation, or replacement of existing
14    school buildings of the district, all of which buildings
15    were originally constructed not less than 40 years ago;
16        (iii) The voters of the district approve a proposition
17    for the issuance of the bonds at a referendum held after
18    March 19, 1996; and
19        (iv) The bonds are issued pursuant to Sections 19-2
20    through 19-7 of this Code.
21    (i) Notwithstanding any other provisions of this Section or
22the provisions of any other law, until January 1, 1998, a
23community unit school district maintaining grades K through 12
24may issue bonds up to an amount, including existing
25indebtedness, not exceeding 27% of the equalized assessed value
26of the taxable property in the district, if all of the

 

 

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1following conditions are met:
2        (i) The school district has an equalized assessed
3    valuation for calendar year 1995 of less than $44,600,000;
4        (ii) The bonds are issued for the capital improvement,
5    renovation, rehabilitation, or replacement of existing
6    school buildings of the district, all of which existing
7    buildings were originally constructed not less than 80
8    years ago;
9        (iii) The voters of the district approve a proposition
10    for the issuance of the bonds at a referendum held after
11    December 31, 1996; and
12        (iv) The bonds are issued pursuant to Sections 19-2
13    through 19-7 of this Code.
14    (j) Notwithstanding any other provisions of this Section or
15the provisions of any other law, until January 1, 1999, a
16community unit school district maintaining grades K through 12
17may issue bonds up to an amount, including existing
18indebtedness, not exceeding 27% of the equalized assessed value
19of the taxable property in the district if all of the following
20conditions are met:
21        (i) The school district has an equalized assessed
22    valuation for calendar year 1995 of less than $140,000,000
23    and a best 3 months average daily attendance for the
24    1995-96 school year of at least 2,800;
25        (ii) The bonds are issued to purchase a site and build
26    and equip a new high school, and the school district's

 

 

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1    existing high school was originally constructed not less
2    than 35 years prior to the sale of the bonds;
3        (iii) At the time of the sale of the bonds, the board
4    of education determines by resolution that a new high
5    school is needed because of projected enrollment
6    increases;
7        (iv) At least 60% of those voting in an election held
8    after December 31, 1996 approve a proposition for the
9    issuance of the bonds; and
10        (v) The bonds are issued pursuant to Sections 19-2
11    through 19-7 of this Code.
12    (k) Notwithstanding the debt limitation prescribed in
13subsection (a) of this Section, a school district that meets
14all the criteria set forth in paragraphs (1) through (4) of
15this subsection (k) may issue bonds to incur an additional
16indebtedness in an amount not to exceed $4,000,000 even though
17the amount of the additional indebtedness authorized by this
18subsection (k), when incurred and added to the aggregate amount
19of indebtedness of the school district existing immediately
20prior to the school district incurring such additional
21indebtedness, causes the aggregate indebtedness of the school
22district to exceed or increases the amount by which the
23aggregate indebtedness of the district already exceeds the debt
24limitation otherwise applicable to that school district under
25subsection (a):
26        (1) the school district is located in 2 counties, and a

 

 

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1    referendum to authorize the additional indebtedness was
2    approved by a majority of the voters of the school district
3    voting on the proposition to authorize that indebtedness;
4        (2) the additional indebtedness is for the purpose of
5    financing a multi-purpose room addition to the existing
6    high school;
7        (3) the additional indebtedness, together with the
8    existing indebtedness of the school district, shall not
9    exceed 17.4% of the value of the taxable property in the
10    school district, to be ascertained by the last assessment
11    for State and county taxes; and
12        (4) the bonds evidencing the additional indebtedness
13    are issued, if at all, within 120 days of August 14, 1998
14    (the effective date of Public Act 90-757).
15    (l) Notwithstanding any other provisions of this Section or
16the provisions of any other law, until January 1, 2000, a
17school district maintaining grades kindergarten through 8 may
18issue bonds up to an amount, including existing indebtedness,
19not exceeding 15% of the equalized assessed value of the
20taxable property in the district if all of the following
21conditions are met:
22        (i) the district has an equalized assessed valuation
23    for calendar year 1996 of less than $10,000,000;
24        (ii) the bonds are issued for capital improvement,
25    renovation, rehabilitation, or replacement of one or more
26    school buildings of the district, which buildings were

 

 

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1    originally constructed not less than 70 years ago;
2        (iii) the voters of the district approve a proposition
3    for the issuance of the bonds at a referendum held on or
4    after March 17, 1998; and
5        (iv) the bonds are issued pursuant to Sections 19-2
6    through 19-7 of this Code.
7    (m) Notwithstanding any other provisions of this Section or
8the provisions of any other law, until January 1, 1999, an
9elementary school district maintaining grades K through 8 may
10issue bonds up to an amount, excluding existing indebtedness,
11not exceeding 18% of the equalized assessed value of the
12taxable property in the district, if all of the following
13conditions are met:
14        (i) The school district has an equalized assessed
15    valuation for calendar year 1995 or less than $7,700,000;
16        (ii) The school district operates 2 elementary
17    attendance centers that until 1976 were operated as the
18    attendance centers of 2 separate and distinct school
19    districts;
20        (iii) The bonds are issued for the construction of a
21    new elementary school building to replace an existing
22    multi-level elementary school building of the school
23    district that is not accessible at all levels and parts of
24    which were constructed more than 75 years ago;
25        (iv) The voters of the school district approve a
26    proposition for the issuance of the bonds at a referendum

 

 

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1    held after July 1, 1998; and
2        (v) The bonds are issued pursuant to Sections 19-2
3    through 19-7 of this Code.
4    (n) Notwithstanding the debt limitation prescribed in
5subsection (a) of this Section or any other provisions of this
6Section or of any other law, a school district that meets all
7of the criteria set forth in paragraphs (i) through (vi) of
8this subsection (n) may incur additional indebtedness by the
9issuance of bonds in an amount not exceeding the amount
10certified by the Capital Development Board to the school
11district as provided in paragraph (iii) of this subsection (n),
12even though the amount of the additional indebtedness so
13authorized, when incurred and added to the aggregate amount of
14indebtedness of the district existing immediately prior to the
15district incurring the additional indebtedness authorized by
16this subsection (n), causes the aggregate indebtedness of the
17district to exceed the debt limitation otherwise applicable by
18law to that district:
19        (i) The school district applies to the State Board of
20    Education for a school construction project grant and
21    submits a district facilities plan in support of its
22    application pursuant to Section 5-20 of the School
23    Construction Law.
24        (ii) The school district's application and facilities
25    plan are approved by, and the district receives a grant
26    entitlement for a school construction project issued by,

 

 

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

 

 

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

 

 

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1an amount, including indebtedness, not exceeding 27% of the
2equalized assessed value of the taxable property in the
3district if all of the following conditions are met:
4        (i) The school district has an equalized assessed
5    valuation for calendar year 2001 of at least $295,741,187
6    and a best 3 months' average daily attendance for the
7    2002-2003 school year of at least 2,394.
8        (ii) The bonds are issued to build and equip 3
9    elementary school buildings; build and equip one middle
10    school building; and alter, repair, improve, and equip all
11    existing school buildings in the district.
12        (iii) At the time of the sale of the bonds, the board
13    of education determines by resolution that the project is
14    needed because of expanding growth in the school district
15    and a projected enrollment increase.
16        (iv) The bonds are issued pursuant to Sections 19-2
17    through 19-7 of this Code.
18    (p-5) Notwithstanding any other provisions of this Section
19or the provisions of any other law, bonds issued by a community
20unit school district maintaining grades K through 12 shall not
21be considered indebtedness for purposes of any statutory
22limitation and may be issued in an amount or amounts, including
23existing indebtedness, in excess of any heretofore or hereafter
24imposed statutory limitation as to indebtedness, if all of the
25following conditions are met:
26        (i) For each of the 4 most recent years, residential

 

 

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1    property comprises more than 80% of the equalized assessed
2    valuation of the district.
3        (ii) At least 2 school buildings that were constructed
4    40 or more years prior to the issuance of the bonds will be
5    demolished and will be replaced by new buildings or
6    additions to one or more existing buildings.
7        (iii) Voters of the district approve a proposition for
8    the issuance of the bonds at a regularly scheduled
9    election.
10        (iv) At the time of the sale of the bonds, the school
11    board determines by resolution that the new buildings or
12    building additions are needed because of an increase in
13    enrollment projected by the school board.
14        (v) The principal amount of the bonds, including
15    existing indebtedness, does not exceed 25% of the equalized
16    assessed value of the taxable property in the district.
17        (vi) The bonds are issued prior to January 1, 2007,
18    pursuant to Sections 19-2 through 19-7 of this Code.
19    (p-10) Notwithstanding any other provisions of this
20Section or the provisions of any other law, bonds issued by a
21community consolidated school district maintaining grades K
22through 8 shall not be considered indebtedness for purposes of
23any statutory limitation and may be issued in an amount or
24amounts, including existing indebtedness, in excess of any
25heretofore or hereafter imposed statutory limitation as to
26indebtedness, if all of the following conditions are met:

 

 

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1        (i) For each of the 4 most recent years, residential
2    and farm property comprises more than 80% of the equalized
3    assessed valuation of the district.
4        (ii) The bond proceeds are to be used to acquire and
5    improve school sites and build and equip a school building.
6        (iii) Voters of the district approve a proposition for
7    the issuance of the bonds at a regularly scheduled
8    election.
9        (iv) At the time of the sale of the bonds, the school
10    board determines by resolution that the school sites and
11    building additions are needed because of an increase in
12    enrollment projected by the school board.
13        (v) The principal amount of the bonds, including
14    existing indebtedness, does not exceed 20% of the equalized
15    assessed value of the taxable property in the district.
16        (vi) The bonds are issued prior to January 1, 2007,
17    pursuant to Sections 19-2 through 19-7 of this Code.
18    (p-15) In addition to all other authority to issue bonds,
19the Oswego Community Unit School District Number 308 may issue
20bonds with an aggregate principal amount not to exceed
21$450,000,000, but only if all of the following conditions are
22met:
23        (i) The voters of the district have approved a
24    proposition for the bond issue at the general election held
25    on November 7, 2006.
26        (ii) At the time of the sale of the bonds, the school

 

 

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

 

 

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1the Lincoln-Way Community High School District Number 210 may
2issue bonds with an aggregate principal amount not to exceed
3$225,000,000, but only if all of the following conditions are
4met:
5        (i) The voters of the district have approved a
6    proposition for the bond issue at the general primary
7    election held on March 21, 2006.
8        (ii) At the time of the sale of the bonds, the school
9    board determines, by resolution, that: (A) the building and
10    equipping of the new high school buildings, the altering,
11    repairing, and equipping of existing school buildings, and
12    the improvement of school sites, as the case may be, are
13    required as a result of a projected increase in the
14    enrollment of students in the district; and (B) the sale of
15    bonds for these purposes is authorized by legislation that
16    exempts the debt incurred on the bonds from the district's
17    statutory debt limitation.
18        (iii) The bonds are issued, in one or more bond issues,
19    on or before March 21, 2011, but the aggregate principal
20    amount issued in all such bond issues combined must not
21    exceed $225,000,000.
22        (iv) The bonds are issued in accordance with this
23    Article 19.
24        (v) The proceeds of the bonds are used only to
25    accomplish those projects approved by the voters at the
26    primary election held on March 21, 2006.

 

 

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

 

 

HB5447 Enrolled- 1084 -LRB100 16294 AMC 31417 b

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

 

 

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

 

 

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1    aggregate principal amount issued in all such bond
2    issuances combined must not exceed $13,900,000.
3        (iv) The bonds are issued in accordance with this
4    Article.
5        (v) The proceeds of the bonds are used to accomplish
6    only those projects approved by the voters at an election
7    held on April 17, 2007.
8The debt incurred on any bonds issued under this subsection
9(p-35) shall not be considered indebtedness for purposes of any
10statutory debt limitation.
11    (p-40) In addition to all other authority to issue bonds,
12Mascoutah Community Unit District 19 may issue bonds with an
13aggregate principal amount not to exceed $55,000,000, but only
14if all of the following conditions are met:
15        (1) The voters of the district approve a proposition
16    for the bond issuance at a regular election held on or
17    after November 4, 2008.
18        (2) At the time of the sale of the bonds, the school
19    board determines, by resolution, that (i) the building and
20    equipping of a new high school building is required as a
21    result of a projected increase in the enrollment of
22    students in the district and the age and condition of the
23    existing high school building, (ii) the existing high
24    school building will be demolished, and (iii) the sale of
25    bonds is authorized by statute that exempts the debt
26    incurred on the bonds from the district's statutory debt

 

 

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1    limitation.
2        (3) The bonds are issued, in one or more bond
3    issuances, on or before December 31, 2011, but the
4    aggregate principal amount issued in all such bond
5    issuances combined must not exceed $55,000,000.
6        (4) The bonds are issued in accordance with this
7    Article.
8        (5) The proceeds of the bonds are used to accomplish
9    only those projects approved by the voters at a regular
10    election held on or after November 4, 2008.
11    The debt incurred on any bonds issued under this subsection
12(p-40) shall not be considered indebtedness for purposes of any
13statutory debt limitation.
14    (p-45) Notwithstanding the provisions of subsection (a) of
15this Section or of any other law, bonds issued pursuant to
16Section 19-3.5 of this Code shall not be considered
17indebtedness for purposes of any statutory limitation if the
18bonds are issued in an amount or amounts, including existing
19indebtedness of the school district, not in excess of 18.5% of
20the value of the taxable property in the district to be
21ascertained by the last assessment for State and county taxes.
22    (p-50) Notwithstanding the provisions of subsection (a) of
23this Section or of any other law, bonds issued pursuant to
24Section 19-3.10 of this Code shall not be considered
25indebtedness for purposes of any statutory limitation if the
26bonds are issued in an amount or amounts, including existing

 

 

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1indebtedness of the school district, not in excess of 43% of
2the value of the taxable property in the district to be
3ascertained by the last assessment for State and county taxes.
4    (p-55) In addition to all other authority to issue bonds,
5Belle Valley School District 119 may issue bonds with an
6aggregate principal amount not to exceed $47,500,000, but only
7if all of the following conditions are met:
8        (1) The voters of the district approve a proposition
9    for the bond issuance at an election held on or after April
10    7, 2009.
11        (2) Prior to the issuance of the bonds, the school
12    board determines, by resolution, that (i) the building and
13    equipping of a new school building is required as a result
14    of mine subsidence in an existing school building and
15    because of the age and condition of another existing school
16    building and (ii) the issuance of bonds is authorized by
17    statute that exempts the debt incurred on the bonds from
18    the district's statutory debt limitation.
19        (3) The bonds are issued, in one or more bond
20    issuances, on or before March 31, 2014, but the aggregate
21    principal amount issued in all such bond issuances combined
22    must not exceed $47,500,000.
23        (4) The bonds are issued in accordance with this
24    Article.
25        (5) The proceeds of the bonds are used to accomplish
26    only those projects approved by the voters at an election

 

 

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1    held on or after April 7, 2009.
2    The debt incurred on any bonds issued under this subsection
3(p-55) shall not be considered indebtedness for purposes of any
4statutory debt limitation. Bonds issued under this subsection
5(p-55) must mature within not to exceed 30 years from their
6date, notwithstanding any other law to the contrary.
7    (p-60) In addition to all other authority to issue bonds,
8Wilmington Community Unit School District Number 209-U may
9issue bonds with an aggregate principal amount not to exceed
10$2,285,000, but only if all of the following conditions are
11met:
12        (1) The proceeds of the bonds are used to accomplish
13    only those projects approved by the voters at the general
14    primary election held on March 21, 2006.
15        (2) Prior to the issuance of the bonds, the school
16    board determines, by resolution, that (i) the projects
17    approved by the voters were and are required because of the
18    age and condition of the school district's prior and
19    existing school buildings and (ii) the issuance of the
20    bonds is authorized by legislation that exempts the debt
21    incurred on the bonds from the district's statutory debt
22    limitation.
23        (3) The bonds are issued in one or more bond issuances
24    on or before March 1, 2011, but the aggregate principal
25    amount issued in all those bond issuances combined must not
26    exceed $2,285,000.

 

 

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1        (4) The bonds are issued in accordance with this
2    Article.
3    The debt incurred on any bonds issued under this subsection
4(p-60) shall not be considered indebtedness for purposes of any
5statutory debt limitation.
6    (p-65) In addition to all other authority to issue bonds,
7West Washington County Community Unit School District 10 may
8issue bonds with an aggregate principal amount not to exceed
9$32,200,000 and maturing over a period not exceeding 25 years,
10but only if all of the following conditions are met:
11        (1) The voters of the district approve a proposition
12    for the bond issuance at an election held on or after
13    February 2, 2010.
14        (2) Prior to the issuance of the bonds, the school
15    board determines, by resolution, that (A) all or a portion
16    of the existing Okawville Junior/Senior High School
17    Building will be demolished; (B) the building and equipping
18    of a new school building to be attached to and the
19    alteration, repair, and equipping of the remaining portion
20    of the Okawville Junior/Senior High School Building is
21    required because of the age and current condition of that
22    school building; and (C) the issuance of bonds is
23    authorized by a statute that exempts the debt incurred on
24    the bonds from the district's statutory debt limitation.
25        (3) The bonds are issued, in one or more bond
26    issuances, on or before March 31, 2014, but the aggregate

 

 

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1    principal amount issued in all such bond issuances combined
2    must not exceed $32,200,000.
3        (4) The bonds are issued in accordance with this
4    Article.
5        (5) The proceeds of the bonds are used to accomplish
6    only those projects approved by the voters at an election
7    held on or after February 2, 2010.
8    The debt incurred on any bonds issued under this subsection
9(p-65) shall not be considered indebtedness for purposes of any
10statutory debt limitation.
11    (p-70) In addition to all other authority to issue bonds,
12Cahokia Community Unit School District 187 may issue bonds with
13an aggregate principal amount not to exceed $50,000,000, but
14only if all the following conditions are met:
15        (1) The voters of the district approve a proposition
16    for the bond issuance at an election held on or after
17    November 2, 2010.
18        (2) Prior to the issuance of the bonds, the school
19    board determines, by resolution, that (i) the building and
20    equipping of a new school building is required as a result
21    of the age and condition of an existing school building and
22    (ii) the issuance of bonds is authorized by a statute that
23    exempts the debt incurred on the bonds from the district's
24    statutory debt limitation.
25        (3) The bonds are issued, in one or more issuances, on
26    or before July 1, 2016, but the aggregate principal amount

 

 

HB5447 Enrolled- 1092 -LRB100 16294 AMC 31417 b

1    issued in all such bond issuances combined must not exceed
2    $50,000,000.
3        (4) The bonds are issued in accordance with this
4    Article.
5        (5) The proceeds of the bonds are used to accomplish
6    only those projects approved by the voters at an election
7    held on or after November 2, 2010.
8    The debt incurred on any bonds issued under this subsection
9(p-70) shall not be considered indebtedness for purposes of any
10statutory debt limitation. Bonds issued under this subsection
11(p-70) must mature within not to exceed 25 years from their
12date, notwithstanding any other law, including Section 19-3 of
13this Code, to the contrary.
14    (p-75) Notwithstanding the debt limitation prescribed in
15subsection (a) of this Section or any other provisions of this
16Section or of any other law, the execution of leases on or
17after January 1, 2007 and before July 1, 2011 by the Board of
18Education of Peoria School District 150 with a public building
19commission for leases entered into pursuant to the Public
20Building Commission Act shall not be considered indebtedness
21for purposes of any statutory debt limitation.
22    This subsection (p-75) applies only if the State Board of
23Education or the Capital Development Board makes one or more
24grants to Peoria School District 150 pursuant to the School
25Construction Law. The amount exempted from the debt limitation
26as prescribed in this subsection (p-75) shall be no greater

 

 

HB5447 Enrolled- 1093 -LRB100 16294 AMC 31417 b

1than the amount of one or more grants awarded to Peoria School
2District 150 by the State Board of Education or the Capital
3Development Board.
4    (p-80) In addition to all other authority to issue bonds,
5Ridgeland School District 122 may issue bonds with an aggregate
6principal amount not to exceed $50,000,000 for the purpose of
7refunding or continuing to refund bonds originally issued
8pursuant to voter approval at the general election held on
9November 7, 2000, and the debt incurred on any bonds issued
10under this subsection (p-80) shall not be considered
11indebtedness for purposes of any statutory debt limitation.
12Bonds issued under this subsection (p-80) may be issued in one
13or more issuances and must mature within not to exceed 25 years
14from their date, notwithstanding any other law, including
15Section 19-3 of this Code, to the contrary.
16    (p-85) In addition to all other authority to issue bonds,
17Hall High School District 502 may issue bonds with an aggregate
18principal amount not to exceed $32,000,000, but only if all the
19following conditions are met:
20        (1) The voters of the district approve a proposition
21    for the bond issuance at an election held on or after April
22    9, 2013.
23        (2) Prior to the issuance of the bonds, the school
24    board determines, by resolution, that (i) the building and
25    equipping of a new school building is required as a result
26    of the age and condition of an existing school building,

 

 

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1    (ii) the existing school building should be demolished in
2    its entirety or the existing school building should be
3    demolished except for the 1914 west wing of the building,
4    and (iii) the issuance of bonds is authorized by a statute
5    that exempts the debt incurred on the bonds from the
6    district's statutory debt limitation.
7        (3) The bonds are issued, in one or more issuances, not
8    later than 5 years after the date of the referendum
9    approving the issuance of the bonds, but the aggregate
10    principal amount issued in all such bond issuances combined
11    must not exceed $32,000,000.
12        (4) The bonds are issued in accordance with this
13    Article.
14        (5) The proceeds of the bonds are used to accomplish
15    only those projects approved by the voters at an election
16    held on or after April 9, 2013.
17    The debt incurred on any bonds issued under this subsection
18(p-85) shall not be considered indebtedness for purposes of any
19statutory debt limitation. Bonds issued under this subsection
20(p-85) must mature within not to exceed 30 years from their
21date, notwithstanding any other law, including Section 19-3 of
22this Code, to the contrary.
23    (p-90) In addition to all other authority to issue bonds,
24Lebanon Community Unit School District 9 may issue bonds with
25an aggregate principal amount not to exceed $7,500,000, but
26only if all of the following conditions are met:

 

 

HB5447 Enrolled- 1095 -LRB100 16294 AMC 31417 b

1        (1) The voters of the district approved a proposition
2    for the bond issuance at the general primary election on
3    February 2, 2010.
4        (2) At or prior to the time of the sale of the bonds,
5    the school board determines, by resolution, that (i) the
6    building and equipping of a new elementary school building
7    is required as a result of a projected increase in the
8    enrollment of students in the district and the age and
9    condition of the existing Lebanon Elementary School
10    building, (ii) a portion of the existing Lebanon Elementary
11    School building will be demolished and the remaining
12    portion will be altered, repaired, and equipped, and (iii)
13    the sale of bonds is authorized by a statute that exempts
14    the debt incurred on the bonds from the district's
15    statutory debt limitation.
16        (3) The bonds are issued, in one or more bond
17    issuances, on or before April 1, 2014, but the aggregate
18    principal amount issued in all such bond issuances combined
19    must not exceed $7,500,000.
20        (4) The bonds are issued in accordance with this
21    Article.
22        (5) The proceeds of the bonds are used to accomplish
23    only those projects approved by the voters at the general
24    primary election held on February 2, 2010.
25    The debt incurred on any bonds issued under this subsection
26(p-90) shall not be considered indebtedness for purposes of any

 

 

HB5447 Enrolled- 1096 -LRB100 16294 AMC 31417 b

1statutory debt limitation.
2    (p-95) In addition to all other authority to issue bonds,
3Monticello Community Unit School District 25 may issue bonds
4with an aggregate principal amount not to exceed $35,000,000,
5but only if all of the following conditions are met:
6        (1) The voters of the district approve a proposition
7    for the bond issuance at an election held on or after
8    November 4, 2014.
9        (2) Prior to the issuance of the bonds, the school
10    board determines, by resolution, that (i) the building and
11    equipping of a new school building is required as a result
12    of the age and condition of an existing school building and
13    (ii) the issuance of bonds is authorized by a statute that
14    exempts the debt incurred on the bonds from the district's
15    statutory debt limitation.
16        (3) The bonds are issued, in one or more issuances, on
17    or before July 1, 2020, but the aggregate principal amount
18    issued in all such bond issuances combined must not exceed
19    $35,000,000.
20        (4) The bonds are issued in accordance with this
21    Article.
22        (5) The proceeds of the bonds are used to accomplish
23    only those projects approved by the voters at an election
24    held on or after November 4, 2014.
25    The debt incurred on any bonds issued under this subsection
26(p-95) shall not be considered indebtedness for purposes of any

 

 

HB5447 Enrolled- 1097 -LRB100 16294 AMC 31417 b

1statutory debt limitation. Bonds issued under this subsection
2(p-95) must mature within not to exceed 25 years from their
3date, notwithstanding any other law, including Section 19-3 of
4this Code, to the contrary.
5    (p-100) In addition to all other authority to issue bonds,
6the community unit school district created in the territory
7comprising Milford Community Consolidated School District 280
8and Milford Township High School District 233, as approved at
9the general primary election held on March 18, 2014, may issue
10bonds with an aggregate principal amount not to exceed
11$17,500,000, but only if all the following conditions are met:
12        (1) The voters of the district approve a proposition
13    for the bond issuance at an election held on or after
14    November 4, 2014.
15        (2) Prior to the issuance of the bonds, the school
16    board determines, by resolution, that (i) the building and
17    equipping of a new school building is required as a result
18    of the age and condition of an existing school building and
19    (ii) the issuance of bonds is authorized by a statute that
20    exempts the debt incurred on the bonds from the district's
21    statutory debt limitation.
22        (3) The bonds are issued, in one or more issuances, on
23    or before July 1, 2020, but the aggregate principal amount
24    issued in all such bond issuances combined must not exceed
25    $17,500,000.
26        (4) The bonds are issued in accordance with this

 

 

HB5447 Enrolled- 1098 -LRB100 16294 AMC 31417 b

1    Article.
2        (5) The proceeds of the bonds are used to accomplish
3    only those projects approved by the voters at an election
4    held on or after November 4, 2014.
5    The debt incurred on any bonds issued under this subsection
6(p-100) shall not be considered indebtedness for purposes of
7any statutory debt limitation. Bonds issued under this
8subsection (p-100) must mature within not to exceed 25 years
9from their date, notwithstanding any other law, including
10Section 19-3 of this Code, to the contrary.
11    (p-105) In addition to all other authority to issue bonds,
12North Shore School District 112 may issue bonds with an
13aggregate principal amount not to exceed $150,000,000, but only
14if all of the following conditions are met:
15        (1) The voters of the district approve a proposition
16    for the bond issuance at an election held on or after March
17    15, 2016.
18        (2) Prior to the issuance of the bonds, the school
19    board determines, by resolution, that (i) the building and
20    equipping of new buildings and improving the sites thereof
21    and the building and equipping of additions to, altering,
22    repairing, equipping, and renovating existing buildings
23    and improving the sites thereof are required as a result of
24    the age and condition of the district's existing buildings
25    and (ii) the issuance of bonds is authorized by a statute
26    that exempts the debt incurred on the bonds from the

 

 

HB5447 Enrolled- 1099 -LRB100 16294 AMC 31417 b

1    district's statutory debt limitation.
2        (3) The bonds are issued, in one or more issuances, not
3    later than 5 years after the date of the referendum
4    approving the issuance of the bonds, but the aggregate
5    principal amount issued in all such bond issuances combined
6    must not exceed $150,000,000.
7        (4) The bonds are issued in accordance with this
8    Article.
9        (5) The proceeds of the bonds are used to accomplish
10    only those projects approved by the voters at an election
11    held on or after March 15, 2016.
12    The debt incurred on any bonds issued under this subsection
13(p-105) and on any bonds issued to refund or continue to refund
14such bonds shall not be considered indebtedness for purposes of
15any statutory debt limitation. Bonds issued under this
16subsection (p-105) and any bonds issued to refund or continue
17to refund such bonds must mature within not to exceed 30 years
18from their date, notwithstanding any other law, including
19Section 19-3 of this Code, to the contrary.
20    (p-110) In addition to all other authority to issue bonds,
21Sandoval Community Unit School District 501 may issue bonds
22with an aggregate principal amount not to exceed $2,000,000,
23but only if all of the following conditions are met:
24        (1) The voters of the district approved a proposition
25    for the bond issuance at an election held on March 20,
26    2012.

 

 

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1        (2) Prior to the issuance of the bonds, the school
2    board determines, by resolution, that (i) the building and
3    equipping of a new school building is required because of
4    the age and current condition of the Sandoval Elementary
5    School building and (ii) the issuance of bonds is
6    authorized by a statute that exempts the debt incurred on
7    the bonds from the district's statutory debt limitation.
8        (3) The bonds are issued, in one or more bond
9    issuances, on or before March 19, 2022, but the aggregate
10    principal amount issued in all such bond issuances combined
11    must not exceed $2,000,000.
12        (4) The bonds are issued in accordance with this
13    Article.
14        (5) The proceeds of the bonds are used to accomplish
15    only those projects approved by the voters at the election
16    held on March 20, 2012.
17    The debt incurred on any bonds issued under this subsection
18(p-110) and on any bonds issued to refund or continue to refund
19the bonds shall not be considered indebtedness for purposes of
20any statutory debt limitation.
21    (p-115) In addition to all other authority to issue bonds,
22Bureau Valley Community Unit School District 340 may issue
23bonds with an aggregate principal amount not to exceed
24$25,000,000, but only if all of the following conditions are
25met:
26        (1) The voters of the district approve a proposition

 

 

HB5447 Enrolled- 1101 -LRB100 16294 AMC 31417 b

1    for the bond issuance at an election held on or after March
2    15, 2016.
3        (2) Prior to the issuances of the bonds, the school
4    board determines, by resolution, that (i) the renovating
5    and equipping of some existing school buildings, the
6    building and equipping of new school buildings, and the
7    demolishing of some existing school buildings are required
8    as a result of the age and condition of existing school
9    buildings and (ii) the issuance of bonds is authorized by a
10    statute that exempts the debt incurred on the bonds from
11    the district's statutory debt limitation.
12        (3) The bonds are issued, in one or more issuances, on
13    or before July 1, 2021, but the aggregate principal amount
14    issued in all such bond issuances combined must not exceed
15    $25,000,000.
16        (4) The bonds are issued in accordance with this
17    Article.
18        (5) The proceeds of the bonds are used to accomplish
19    only those projects approved by the voters at an election
20    held on or after March 15, 2016.
21    The debt incurred on any bonds issued under this subsection
22(p-115) shall not be considered indebtedness for purposes of
23any statutory debt limitation. Bonds issued under this
24subsection (p-115) must mature within not to exceed 30 years
25from their date, notwithstanding any other law, including
26Section 19-3 of this Code, to the contrary.

 

 

HB5447 Enrolled- 1102 -LRB100 16294 AMC 31417 b

1    (p-120) In addition to all other authority to issue bonds,
2Paxton-Buckley-Loda Community Unit School District 10 may
3issue bonds with an aggregate principal amount not to exceed
4$28,500,000, but only if all the following conditions are met:
5        (1) The voters of the district approve a proposition
6    for the bond issuance at an election held on or after
7    November 8, 2016.
8        (2) Prior to the issuance of the bonds, the school
9    board determines, by resolution, that (i) the projects as
10    described in said proposition, relating to the building and
11    equipping of one or more school buildings or additions to
12    existing school buildings, are required as a result of the
13    age and condition of the District's existing buildings and
14    (ii) the issuance of bonds is authorized by a statute that
15    exempts the debt incurred on the bonds from the district's
16    statutory debt limitation.
17        (3) The bonds are issued, in one or more issuances, not
18    later than 5 years after the date of the referendum
19    approving the issuance of the bonds, but the aggregate
20    principal amount issued in all such bond issuances combined
21    must not exceed $28,500,000.
22        (4) The bonds are issued in accordance with this
23    Article.
24        (5) The proceeds of the bonds are used to accomplish
25    only those projects approved by the voters at an election
26    held on or after November 8, 2016.

 

 

HB5447 Enrolled- 1103 -LRB100 16294 AMC 31417 b

1    The debt incurred on any bonds issued under this subsection
2(p-120) and on any bonds issued to refund or continue to refund
3such bonds shall not be considered indebtedness for purposes of
4any statutory debt limitation. Bonds issued under this
5subsection (p-120) and any bonds issued to refund or continue
6to refund such bonds must mature within not to exceed 25 years
7from their date, notwithstanding any other law, including
8Section 19-3 of this Code, to the contrary.
9    (p-125) In addition to all other authority to issue bonds,
10Hillsboro Community Unit School District 3 may issue bonds with
11an aggregate principal amount not to exceed $34,500,000, but
12only if all the following conditions are met:
13        (1) The voters of the district approve a proposition
14    for the bond issuance at an election held on or after March
15    15, 2016.
16        (2) Prior to the issuance of the bonds, the school
17    board determines, by resolution, that (i) altering,
18    repairing, and equipping the high school
19    agricultural/vocational building, demolishing the high
20    school main, cafeteria, and gym buildings, building and
21    equipping a school building, and improving sites are
22    required as a result of the age and condition of the
23    district's existing buildings and (ii) the issuance of
24    bonds is authorized by a statute that exempts the debt
25    incurred on the bonds from the district's statutory debt
26    limitation.

 

 

HB5447 Enrolled- 1104 -LRB100 16294 AMC 31417 b

1        (3) The bonds are issued, in one or more issuances, not
2    later than 5 years after the date of the referendum
3    approving the issuance of the bonds, but the aggregate
4    principal amount issued in all such bond issuances combined
5    must not exceed $34,500,000.
6        (4) The bonds are issued in accordance with this
7    Article.
8        (5) The proceeds of the bonds are used to accomplish
9    only those projects approved by the voters at an election
10    held on or after March 15, 2016.
11    The debt incurred on any bonds issued under this subsection
12(p-125) and on any bonds issued to refund or continue to refund
13such bonds shall not be considered indebtedness for purposes of
14any statutory debt limitation. Bonds issued under this
15subsection (p-125) and any bonds issued to refund or continue
16to refund such bonds must mature within not to exceed 25 years
17from their date, notwithstanding any other law, including
18Section 19-3 of this Code, to the contrary.
19    (p-130) In addition to all other authority to issue bonds,
20Waltham Community Consolidated School District 185 may incur
21indebtedness in an aggregate principal amount not to exceed
22$9,500,000 to build and equip a new school building and improve
23the site thereof, but only if all the following conditions are
24met:
25        (1) A majority of the voters of the district voting on
26    an advisory question voted in favor of the question

 

 

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1    regarding the use of funding sources to build a new school
2    building without increasing property tax rates at the
3    general election held on November 8, 2016.
4        (2) Prior to incurring the debt, the school board
5    enters into intergovernmental agreements with the City of
6    LaSalle to pledge moneys in a special tax allocation fund
7    associated with tax increment financing districts LaSalle
8    I and LaSalle III and with the Village of Utica to pledge
9    moneys in a special tax allocation fund associated with tax
10    increment financing district Utica I for the purposes of
11    repaying the debt issued pursuant to this subsection
12    (p-130). Notwithstanding any other provision of law to the
13    contrary, the intergovernmental agreement may extend these
14    tax increment financing districts as necessary to ensure
15    repayment of the debt.
16        (3) Prior to incurring the debt, the school board
17    determines, by resolution, that (i) the building and
18    equipping of a new school building is required as a result
19    of the age and condition of the district's existing
20    buildings and (ii) the debt is authorized by a statute that
21    exempts the debt from the district's statutory debt
22    limitation.
23        (4) The debt is incurred, in one or more issuances, not
24    later than January 1, 2021, and the aggregate principal
25    amount of debt issued in all such issuances combined must
26    not exceed $9,500,000.

 

 

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1    The debt incurred under this subsection (p-130) and on any
2bonds issued to pay, refund, or continue to refund such debt
3shall not be considered indebtedness for purposes of any
4statutory debt limitation. Debt issued under this subsection
5(p-130) and any bonds issued to pay, refund, or continue to
6refund such debt must mature within not to exceed 25 years from
7their date, notwithstanding any other law, including Section
819-11 of this Code and subsection (b) of Section 17 of the
9Local Government Debt Reform Act, to the contrary.
10    (p-133) (p-130) Notwithstanding the provisions of
11subsection (a) of this Section or of any other law, bonds
12heretofore or hereafter issued by East Prairie School District
1373 with an aggregate principal amount not to exceed $47,353,147
14and approved by the voters of the district at the general
15election held on November 8, 2016, and any bonds issued to
16refund or continue to refund the bonds, shall not be considered
17indebtedness for the purposes of any statutory debt limitation
18and may mature within not to exceed 25 years from their date,
19notwithstanding any other law, including Section 19-3 of this
20Code, to the contrary.
21    (p-135) In addition to all other authority to issue bonds,
22Brookfield LaGrange Park School District Number 95 may issue
23bonds with an aggregate principal amount not to exceed
24$20,000,000, but only if all the following conditions are met:
25        (1) The voters of the district approve a proposition
26    for the bond issuance at an election held on or after April

 

 

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1    4, 2017.
2        (2) Prior to the issuance of the bonds, the school
3    board determines, by resolution, that (i) the additions and
4    renovations to the Brook Park Elementary and S. E. Gross
5    Middle School buildings are required to accommodate
6    enrollment growth, replace outdated facilities, and create
7    spaces consistent with 21st century learning and (ii) the
8    issuance of the bonds is authorized by a statute that
9    exempts the debt incurred on the bonds from the district's
10    statutory debt limitation.
11        (3) The bonds are issued, in one or more issuances, not
12    later than 5 years after the date of the referendum
13    approving the issuance of the bonds, but the aggregate
14    principal amount issued in all such bond issuances combined
15    must not exceed $20,000,000.
16        (4) The bonds are issued in accordance with this
17    Article.
18        (5) The proceeds of the bonds are used to accomplish
19    only those projects approved by the voters at an election
20    held on or after April 4, 2017.
21        The debt incurred on any bonds issued under this
22    subsection (p-135) and on any bonds issued to refund or
23    continue to refund such bonds shall not be considered
24    indebtedness for purposes of any statutory debt
25    limitation.
26    (q) A school district must notify the State Board of

 

 

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1Education prior to issuing any form of long-term or short-term
2debt that will result in outstanding debt that exceeds 75% of
3the debt limit specified in this Section or any other provision
4of law.
5(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15;
699-390, eff. 8-18-15; 99-642, eff. 7-28-16; 99-735, eff.
78-5-16; 99-926, eff. 1-20-17, 100-503, eff. 6-1-18; 100-531,
8eff. 9-22-17; revised 11-6-17.)
 
9    (105 ILCS 5/21B-20)
10    Sec. 21B-20. Types of licenses. Before July 1, 2013, the
11State Board of Education shall implement a system of educator
12licensure, whereby individuals employed in school districts
13who are required to be licensed must have one of the following
14licenses: (i) a professional educator license; (ii) a
15professional educator license with stipulations; or (iii) a
16substitute teaching license. References in law regarding
17individuals certified or certificated or required to be
18certified or certificated under Article 21 of this Code shall
19also include individuals licensed or required to be licensed
20under this Article. The first year of all licenses ends on June
2130 following one full year of the license being issued.
22    The State Board of Education, in consultation with the
23State Educator Preparation and Licensure Board, may adopt such
24rules as may be necessary to govern the requirements for
25licenses and endorsements under this Section.

 

 

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1        (1) Professional Educator License. Persons who (i)
2    have successfully completed an approved educator
3    preparation program and are recommended for licensure by
4    the Illinois institution offering the educator preparation
5    program, (ii) have successfully completed the required
6    testing under Section 21B-30 of this Code, (iii) have
7    successfully completed coursework on the psychology of,
8    the identification of, and the methods of instruction for
9    the exceptional child, including without limitation
10    children with learning disabilities, (iv) have
11    successfully completed coursework in methods of reading
12    and reading in the content area, and (v) have met all other
13    criteria established by rule of the State Board of
14    Education shall be issued a Professional Educator License.
15    All Professional Educator Licenses are valid until June 30
16    immediately following 5 years of the license being issued.
17    The Professional Educator License shall be endorsed with
18    specific areas and grade levels in which the individual is
19    eligible to practice.
20        Individuals can receive subsequent endorsements on the
21    Professional Educator License. Subsequent endorsements
22    shall require a minimum of 24 semester hours of coursework
23    in the endorsement area, unless otherwise specified by
24    rule, and passage of the applicable content area test.
25        (2) Educator License with Stipulations. An Educator
26    License with Stipulations shall be issued an endorsement

 

 

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1    that limits the license holder to one particular position
2    or does not require completion of an approved educator
3    program or both.
4        An individual with an Educator License with
5    Stipulations must not be employed by a school district or
6    any other entity to replace any presently employed teacher
7    who otherwise would not be replaced for any reason.
8        An Educator License with Stipulations may be issued
9    with the following endorsements:
10            (A) Provisional educator. A provisional educator
11        endorsement in a specific content area or areas on an
12        Educator License with Stipulations may be issued to an
13        applicant who holds an educator license from another
14        state, U.S. territory, or foreign country and who, at
15        the time of applying for an Illinois license, does not
16        meet the minimum requirements under Section 21B-35 of
17        this Code, but does, at a minimum, meet the following
18        requirements:
19                (i) Holds the equivalent of a minimum of a
20            bachelor's degree, unless a master's degree is
21            required for the endorsement, from a regionally
22            accredited college or university or, for
23            individuals educated in a country other than the
24            United States, the equivalent of a minimum of a
25            bachelor's degree issued in the United States,
26            unless a master's degree is required for the

 

 

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1            endorsement.
2                (ii) Has passed or passes a test of basic
3            skills and content area test prior to or within one
4            year after issuance of the provisional educator
5            endorsement on the Educator License with
6            Stipulations. If an individual who holds an
7            Educator License with Stipulations endorsed for
8            provisional educator has not passed a test of basic
9            skills and applicable content area test or tests
10            within one year after issuance of the endorsement,
11            the endorsement shall expire on June 30 following
12            one full year of the endorsement being issued. If
13            such an individual has passed the test of basic
14            skills and applicable content area test or tests
15            either prior to issuance of the endorsement or
16            within one year after issuance of the endorsement,
17            the endorsement is valid until June 30 immediately
18            following 2 years of the license being issued,
19            during which time any and all coursework
20            deficiencies must be met and any and all additional
21            testing deficiencies must be met.
22            In addition, a provisional educator endorsement
23        for principals or superintendents may be issued if the
24        individual meets the requirements set forth in
25        subdivisions (1) and (3) of subsection (b-5) of Section
26        21B-35 of this Code. Applicants who have not been

 

 

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1        entitled by an Illinois-approved educator preparation
2        program at an Illinois institution of higher education
3        shall not receive a provisional educator endorsement
4        if the person completed an alternative licensure
5        program in another state, unless the program has been
6        determined to be equivalent to Illinois program
7        requirements.
8            Notwithstanding any other requirements of this
9        Section, a service member or spouse of a service member
10        may obtain a Professional Educator License with
11        Stipulations, and a provisional educator endorsement
12        in a specific content area or areas, if he or she holds
13        a valid teaching certificate or license in good
14        standing from another state, meets the qualifications
15        of educators outlined in Section 21B-15 of this Code,
16        and has not engaged in any misconduct that would
17        prohibit an individual from obtaining a license
18        pursuant to Illinois law, including without limitation
19        any administrative rules of the State Board of
20        Education.
21            In this Section, "service member" means any person
22        who, at the time of application under this Section, is
23        an active duty member of the United States Armed Forces
24        or any reserve component of the United States Armed
25        Forces or the National Guard of any state,
26        commonwealth, or territory of the United States or the

 

 

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1        District of Columbia.
2            A provisional educator endorsement is valid until
3        June 30 immediately following 2 years of the license
4        being issued, provided that any remaining testing and
5        coursework deficiencies are met as set forth in this
6        Section. Failure to satisfy all stated deficiencies
7        shall mean the individual, including any service
8        member or spouse who has obtained a Professional
9        Educator License with Stipulations and a provisional
10        educator endorsement in a specific content area or
11        areas, is ineligible to receive a Professional
12        Educator License at that time. An Educator License with
13        Stipulations endorsed for provisional educator shall
14        not be renewed for individuals who hold an Educator
15        License with Stipulations and who have held a position
16        in a public school or non-public school recognized by
17        the State Board of Education.
18            (B) Alternative provisional educator. An
19        alternative provisional educator endorsement on an
20        Educator License with Stipulations may be issued to an
21        applicant who, at the time of applying for the
22        endorsement, has done all of the following:
23                (i) Graduated from a regionally accredited
24            college or university with a minimum of a
25            bachelor's degree.
26                (ii) Successfully completed the first phase of

 

 

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1            the Alternative Educator Licensure Program for
2            Teachers, as described in Section 21B-50 of this
3            Code.
4                (iii) Passed a test of basic skills and content
5            area test, as required under Section 21B-30 of this
6            Code.
7            The alternative provisional educator endorsement
8        is valid for 2 years of teaching and may be renewed for
9        a third year by an individual meeting the requirements
10        set forth in Section 21B-50 of this Code.
11            (C) Alternative provisional superintendent. An
12        alternative provisional superintendent endorsement on
13        an Educator License with Stipulations entitles the
14        holder to serve only as a superintendent or assistant
15        superintendent in a school district's central office.
16        This endorsement may only be issued to an applicant
17        who, at the time of applying for the endorsement, has
18        done all of the following:
19                (i) Graduated from a regionally accredited
20            college or university with a minimum of a master's
21            degree in a management field other than education.
22                (ii) Been employed for a period of at least 5
23            years in a management level position in a field
24            other than education.
25                (iii) Successfully completed the first phase
26            of an alternative route to superintendent

 

 

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1            endorsement program, as provided in Section 21B-55
2            of this Code.
3                (iv) Passed a test of basic skills and content
4            area tests required under Section 21B-30 of this
5            Code.
6            The endorsement may be registered for 2 fiscal
7        years in order to complete one full year of serving as
8        a superintendent or assistant superintendent.
9            (D) Resident teacher endorsement. A resident
10        teacher endorsement on an Educator License with
11        Stipulations may be issued to an applicant who, at the
12        time of applying for the endorsement, has done all of
13        the following:
14                (i) Graduated from a regionally accredited
15            institution of higher education with a minimum of a
16            bachelor's degree.
17                (ii) Enrolled in an approved Illinois educator
18            preparation program.
19                (iii) Passed a test of basic skills and content
20            area test, as required under Section 21B-30 of this
21            Code.
22            The resident teacher endorsement on an Educator
23        License with Stipulations is valid for 4 years of
24        teaching and shall not be renewed.
25            A resident teacher may teach only under the
26        direction of a licensed teacher, who shall act as the

 

 

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1        resident mentor teacher, and may not teach in place of
2        a licensed teacher. A resident teacher endorsement on
3        an Educator License with Stipulations shall no longer
4        be valid after June 30, 2017.
5            (E) Career and technical educator. A career and
6        technical educator endorsement on an Educator License
7        with Stipulations may be issued to an applicant who has
8        a minimum of 60 semester hours of coursework from a
9        regionally accredited institution of higher education
10        or an accredited trade and technical institution and
11        has a minimum of 2,000 hours of experience outside of
12        education in each area to be taught.
13            The career and technical educator endorsement on
14        an Educator License with Stipulations is valid until
15        June 30 immediately following 5 years of the
16        endorsement being issued and may be renewed. For
17        individuals who were issued the career and technical
18        educator endorsement on an Educator License with
19        Stipulations on or after January 1, 2015, the license
20        may be renewed if the individual passes a test of basic
21        skills or test of work proficiency, as required under
22        Section 21B-30 of this Code.
23            An individual who holds a valid career and
24        technical educator endorsement on an Educator License
25        with Stipulations but does not hold a bachelor's degree
26        may substitute teach in career and technical education

 

 

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1        classrooms.
2            (F) Part-time provisional career and technical
3        educator or provisional career and technical educator.
4        A part-time provisional career and technical educator
5        endorsement or a provisional career and technical
6        educator endorsement on an Educator License with
7        Stipulations may be issued to an applicant who has a
8        minimum of 8,000 hours of work experience in the skill
9        for which the applicant is seeking the endorsement. It
10        is the responsibility of each employing school board
11        and regional office of education to provide
12        verification, in writing, to the State Superintendent
13        of Education at the time the application is submitted
14        that no qualified teacher holding a Professional
15        Educator License or an Educator License with
16        Stipulations with a career and technical educator
17        endorsement is available and that actual circumstances
18        require such issuance.
19            The provisional career and technical educator
20        endorsement on an Educator License with Stipulations
21        is valid until June 30 immediately following 5 years of
22        the endorsement being issued and may be renewed for 5
23        years. For individuals who were issued the provisional
24        career and technical educator endorsement on an
25        Educator License with Stipulations on or after January
26        1, 2015, the license may be renewed if the individual

 

 

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1        passes a test of basic skills or test of work
2        proficiency, as required under Section 21B-30 of this
3        Code.
4            A part-time provisional career and technical
5        educator endorsement on an Educator License with
6        Stipulations may be issued for teaching no more than 2
7        courses of study for grades 6 through 12. The part-time
8        provisional career and technical educator endorsement
9        on an Educator License with Stipulations is valid until
10        June 30 immediately following 5 years of the
11        endorsement being issued and may be renewed for 5 years
12        if the individual makes application for renewal.
13            An individual who holds a provisional or part-time
14        provisional career and technical educator endorsement
15        on an Educator License with Stipulations but does not
16        hold a bachelor's degree may substitute teach in career
17        and technical education classrooms.
18            (G) Transitional bilingual educator. A
19        transitional bilingual educator endorsement on an
20        Educator License with Stipulations may be issued for
21        the purpose of providing instruction in accordance
22        with Article 14C of this Code to an applicant who
23        provides satisfactory evidence that he or she meets all
24        of the following requirements:
25                (i) Possesses adequate speaking, reading, and
26            writing ability in the language other than English

 

 

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1            in which transitional bilingual education is
2            offered.
3                (ii) Has the ability to successfully
4            communicate in English.
5                (iii) Either possessed, within 5 years
6            previous to his or her applying for a transitional
7            bilingual educator endorsement, a valid and
8            comparable teaching certificate or comparable
9            authorization issued by a foreign country or holds
10            a degree from an institution of higher learning in
11            a foreign country that the State Educator
12            Preparation and Licensure Board determines to be
13            the equivalent of a bachelor's degree from a
14            regionally accredited institution of higher
15            learning in the United States.
16            A transitional bilingual educator endorsement
17        shall be valid for prekindergarten through grade 12, is
18        valid until June 30 immediately following 5 years of
19        the endorsement being issued, and shall not be renewed.
20            Persons holding a transitional bilingual educator
21        endorsement shall not be employed to replace any
22        presently employed teacher who otherwise would not be
23        replaced for any reason.
24            (H) Language endorsement. In an effort to
25        alleviate the shortage of teachers speaking a language
26        other than English in the public schools, an individual

 

 

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1        who holds an Educator License with Stipulations may
2        also apply for a language endorsement, provided that
3        the applicant provides satisfactory evidence that he
4        or she meets all of the following requirements:
5                (i) Holds a transitional bilingual
6            endorsement.
7                (ii) Has demonstrated proficiency in the
8            language for which the endorsement is to be issued
9            by passing the applicable language content test
10            required by the State Board of Education.
11                (iii) Holds a bachelor's degree or higher from
12            a regionally accredited institution of higher
13            education or, for individuals educated in a
14            country other than the United States, holds a
15            degree from an institution of higher learning in a
16            foreign country that the State Educator
17            Preparation and Licensure Board determines to be
18            the equivalent of a bachelor's degree from a
19            regionally accredited institution of higher
20            learning in the United States.
21                (iv) Has passed a test of basic skills, as
22            required under Section 21B-30 of this Code.
23            A language endorsement on an Educator License with
24        Stipulations is valid for prekindergarten through
25        grade 12 for the same validity period as the
26        individual's transitional bilingual educator

 

 

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1        endorsement on the Educator License with Stipulations
2        and shall not be renewed.
3            (I) Visiting international educator. A visiting
4        international educator endorsement on an Educator
5        License with Stipulations may be issued to an
6        individual who is being recruited by a particular
7        school district that conducts formal recruitment
8        programs outside of the United States to secure the
9        services of qualified teachers and who meets all of the
10        following requirements:
11                (i) Holds the equivalent of a minimum of a
12            bachelor's degree issued in the United States.
13                (ii) Has been prepared as a teacher at the
14            grade level for which he or she will be employed.
15                (iii) Has adequate content knowledge in the
16            subject to be taught.
17                (iv) Has an adequate command of the English
18            language.
19            A holder of a visiting international educator
20        endorsement on an Educator License with Stipulations
21        shall be permitted to teach in bilingual education
22        programs in the language that was the medium of
23        instruction in his or her teacher preparation program,
24        provided that he or she passes the English Language
25        Proficiency Examination or another test of writing
26        skills in English identified by the State Board of

 

 

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1        Education, in consultation with the State Educator
2        Preparation and Licensure Board.
3            A visiting international educator endorsement on
4        an Educator License with Stipulations is valid for 3
5        years and shall not be renewed.
6            (J) Paraprofessional educator. A paraprofessional
7        educator endorsement on an Educator License with
8        Stipulations may be issued to an applicant who holds a
9        high school diploma or its recognized equivalent and
10        either holds an associate's degree or a minimum of 60
11        semester hours of credit from a regionally accredited
12        institution of higher education or has passed a test of
13        basic skills required under Section 21B-30 of this
14        Code. The paraprofessional educator endorsement is
15        valid until June 30 immediately following 5 years of
16        the endorsement being issued and may be renewed through
17        application and payment of the appropriate fee, as
18        required under Section 21B-40 of this Code. An
19        individual who holds only a paraprofessional educator
20        endorsement is not subject to additional requirements
21        in order to renew the endorsement.
22            (K) Chief school business official. A chief school
23        business official endorsement on an Educator License
24        with Stipulations may be issued to an applicant who
25        qualifies by having a master's degree or higher, 2
26        years of full-time administrative experience in school

 

 

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1        business management or 2 years of university-approved
2        practical experience, and a minimum of 24 semester
3        hours of graduate credit in a program approved by the
4        State Board of Education for the preparation of school
5        business administrators and by passage of the
6        applicable State tests, including a test of basic
7        skills and applicable content area test.
8            The chief school business official endorsement may
9        also be affixed to the Educator License with
10        Stipulations of any holder who qualifies by having a
11        master's degree in business administration, finance,
12        accounting, or public administration and who completes
13        an additional 6 semester hours of internship in school
14        business management from a regionally accredited
15        institution of higher education and passes the
16        applicable State tests, including a test of basic
17        skills and applicable content area test. This
18        endorsement shall be required for any individual
19        employed as a chief school business official.
20            The chief school business official endorsement on
21        an Educator License with Stipulations is valid until
22        June 30 immediately following 5 years of the
23        endorsement being issued and may be renewed if the
24        license holder completes renewal requirements as
25        required for individuals who hold a Professional
26        Educator License endorsed for chief school business

 

 

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1        official under Section 21B-45 of this Code and such
2        rules as may be adopted by the State Board of
3        Education.
4            The State Board of Education shall adopt any rules
5        necessary to implement Public Act 100-288 this
6        amendatory Act of the 100th General Assembly.
7            (L) Provisional in-state educator. A provisional
8        in-state educator endorsement on an Educator License
9        with Stipulations may be issued to a candidate who has
10        completed an Illinois-approved educator preparation
11        program at an Illinois institution of higher education
12        and who has not successfully completed an
13        evidence-based assessment of teacher effectiveness but
14        who meets all of the following requirements:
15                (i) Holds at least a bachelor's degree.
16                (ii) Has completed an approved educator
17            preparation program at an Illinois institution.
18                (iii) Has passed a test of basic skills and
19            applicable content area test, as required by
20            Section 21B-30 of this Code.
21                (iv) Has attempted an evidence-based
22            assessment of teacher effectiveness and received a
23            minimum score on that assessment, as established
24            by the State Board of Education in consultation
25            with the State Educator Preparation and Licensure
26            Board.

 

 

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1            A provisional in-state educator endorsement on an
2        Educator License with Stipulations is valid for one
3        full fiscal year after the date of issuance and may not
4        be renewed.
5        (3) Substitute Teaching License. A Substitute Teaching
6    License may be issued to qualified applicants for
7    substitute teaching in all grades of the public schools,
8    prekindergarten through grade 12. Substitute Teaching
9    Licenses are not eligible for endorsements. Applicants for
10    a Substitute Teaching License must hold a bachelor's degree
11    or higher from a regionally accredited institution of
12    higher education.
13        Substitute Teaching Licenses are valid for 5 years.
14        Substitute Teaching Licenses are valid for substitute
15    teaching in every county of this State. If an individual
16    has had his or her Professional Educator License or
17    Educator License with Stipulations suspended or revoked or
18    has not met the renewal requirements for licensure, then
19    that individual is not eligible to obtain a Substitute
20    Teaching License.
21        A substitute teacher may only teach in the place of a
22    licensed teacher who is under contract with the employing
23    board. If, however, there is no licensed teacher under
24    contract because of an emergency situation, then a district
25    may employ a substitute teacher for no longer than 30
26    calendar days per each vacant position in the district if

 

 

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1    the district notifies the appropriate regional office of
2    education within 5 business days after the employment of
3    the substitute teacher in the emergency situation. An
4    emergency situation is one in which an unforeseen vacancy
5    has occurred and (i) a teacher is unable to fulfill his or
6    her contractual duties or (ii) teacher capacity needs of
7    the district exceed previous indications, and the district
8    is actively engaged in advertising to hire a fully licensed
9    teacher for the vacant position.
10        There is no limit on the number of days that a
11    substitute teacher may teach in a single school district,
12    provided that no substitute teacher may teach for longer
13    than 90 school days for any one licensed teacher under
14    contract in the same school year. A substitute teacher who
15    holds a Professional Educator License or Educator License
16    with Stipulations shall not teach for more than 120 school
17    days for any one licensed teacher under contract in the
18    same school year. The limitations in this paragraph (3) on
19    the number of days a substitute teacher may be employed do
20    not apply to any school district operating under Article 34
21    of this Code.
22(Source: P.A. 99-35, eff. 1-1-16; 99-58, eff. 7-16-15; 99-143,
23eff. 7-27-15; 99-642, eff. 7-28-16; 99-920, eff. 1-6-17; 100-8,
24eff. 7-1-17; 100-13, eff. 7-1-17; 100-288, eff. 8-24-17;
25revised 9-25-17.)
 

 

 

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1    (105 ILCS 5/21B-25)
2    Sec. 21B-25. Endorsement on licenses. All licenses issued
3under paragraph (1) of Section 21B-20 of this Code shall be
4specifically endorsed by the State Board of Education for each
5content area, school support area, and administrative area for
6which the holder of the license is qualified. Recognized
7institutions approved to offer educator preparation programs
8shall be trained to add endorsements to licenses issued to
9applicants who meet all of the requirements for the endorsement
10or endorsements, including passing any required tests. The
11State Superintendent of Education shall randomly audit
12institutions to ensure that all rules and standards are being
13followed for entitlement or when endorsements are being
14recommended.
15        (1) The State Board of Education, in consultation with
16    the State Educator Preparation and Licensure Board, shall
17    establish, by rule, the grade level and subject area
18    endorsements to be added to the Professional Educator
19    License. These rules shall outline the requirements for
20    obtaining each endorsement.
21        (2) In addition to any and all grade level and content
22    area endorsements developed by rule, the State Board of
23    Education, in consultation with the State Educator
24    Preparation and Licensure Board, shall develop the
25    requirements for the following endorsements:
26            (A) General administrative endorsement. A general

 

 

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1        administrative endorsement shall be added to a
2        Professional Educator License, provided that an
3        approved program has been completed. An individual
4        holding a general administrative endorsement may work
5        only as a principal or assistant principal or in a
6        related or similar position, as determined by the State
7        Superintendent of Education, in consultation with the
8        State Educator Preparation and Licensure Board.
9            Beginning on September 1, 2014, the general
10        administrative endorsement shall no longer be issued
11        except to individuals who completed all coursework
12        requirements for the receipt of the general
13        administrative endorsement by September 1, 2014, who
14        have completed all testing requirements by June 30,
15        2016, and who apply for the endorsement on or before
16        June 30, 2016. Individuals who hold a valid and
17        registered administrative certificate with a general
18        administrative endorsement issued under Section 21-7.1
19        of this Code or a Professional Educator License with a
20        general administrative endorsement issued prior to
21        September 1, 2014 and who have served for at least one
22        full year during the 5 years prior in a position
23        requiring a general administrative endorsement shall,
24        upon request to the State Board of Education and
25        through July 1, 2015, have their respective general
26        administrative endorsement converted to a principal

 

 

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1        endorsement on the Professional Educator License.
2        Candidates shall not be admitted to an approved general
3        administrative preparation program after September 1,
4        2012.
5            All other individuals holding a valid and
6        registered administrative certificate with a general
7        administrative endorsement issued pursuant to Section
8        21-7.1 of this Code or a general administrative
9        endorsement on a Professional Educator License issued
10        prior to September 1, 2014 shall have the general
11        administrative endorsement converted to a principal
12        endorsement on a Professional Educator License upon
13        request to the State Board of Education and by
14        completing one of the following pathways:
15                (i) Passage of the State principal assessment
16            developed by the State Board of Education.
17                (ii) Through July 1, 2019, completion of an
18            Illinois Educators' Academy course designated by
19            the State Superintendent of Education.
20                (iii) Completion of a principal preparation
21            program established and approved pursuant to
22            Section 21B-60 of this Code and applicable rules.
23            Individuals who do not choose to convert the
24        general administrative endorsement on the
25        administrative certificate issued pursuant to Section
26        21-7.1 of this Code or on the Professional Educator

 

 

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1        License shall continue to be able to serve in any
2        position previously allowed under paragraph (2) of
3        subsection (e) of Section 21-7.1 of this Code.
4            The general administrative endorsement on the
5        Professional Educator License is available only to
6        individuals who, prior to September 1, 2014, had such
7        an endorsement on the administrative certificate
8        issued pursuant to Section 21-7.1 of this Code or who
9        already have a Professional Educator License and have
10        completed a general administrative program and who do
11        not choose to convert the general administrative
12        endorsement to a principal endorsement pursuant to the
13        options in this Section.
14            (B) Principal endorsement. A principal endorsement
15        shall be affixed to a Professional Educator License of
16        any holder who qualifies by having all of the
17        following:
18                (i) Successful completion of a principal
19            preparation program approved in accordance with
20            Section 21B-60 of this Code and any applicable
21            rules.
22                (ii) At least 4 total years of teaching or 4
23            total years of working in the capacity of school
24            support personnel in an Illinois public school or
25            nonpublic school recognized by the State Board of
26            Education or in an out-of-state public school or

 

 

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1            out-of-state nonpublic school meeting out-of-state
2            recognition standards comparable to those approved
3            by the State Superintendent of Education; however,
4            the State Board of Education, in consultation with
5            the State Educator Preparation and Licensure
6            Board, shall allow, by rules, for fewer than 4
7            years of experience based on meeting standards set
8            forth in such rules, including without limitation
9            a review of performance evaluations or other
10            evidence of demonstrated qualifications.
11                (iii) A master's degree or higher from a
12            regionally accredited college or university.
13            (C) Chief school business official endorsement. A
14        chief school business official endorsement shall be
15        affixed to the Professional Educator License of any
16        holder who qualifies by having a master's degree or
17        higher, 2 years of full-time administrative experience
18        in school business management or 2 years of
19        university-approved practical experience, and a
20        minimum of 24 semester hours of graduate credit in a
21        program approved by the State Board of Education for
22        the preparation of school business administrators and
23        by passage of the applicable State tests. The chief
24        school business official endorsement may also be
25        affixed to the Professional Educator License of any
26        holder who qualifies by having a master's degree in

 

 

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1        business administration, finance, accounting, or
2        public administration and who completes an additional
3        6 semester hours of internship in school business
4        management from a regionally accredited institution of
5        higher education and passes the applicable State
6        tests. This endorsement shall be required for any
7        individual employed as a chief school business
8        official.
9            (D) Superintendent endorsement. A superintendent
10        endorsement shall be affixed to the Professional
11        Educator License of any holder who has completed a
12        program approved by the State Board of Education for
13        the preparation of superintendents of schools, has had
14        at least 2 years of experience employed full-time in a
15        general administrative position or as a full-time
16        principal, director of special education, or chief
17        school business official in the public schools or in a
18        State-recognized nonpublic school in which the chief
19        administrator is required to have the licensure
20        necessary to be a principal in a public school in this
21        State and where a majority of the teachers are required
22        to have the licensure necessary to be instructors in a
23        public school in this State, and has passed the
24        required State tests; or of any holder who has
25        completed a program that is not an Illinois-approved
26        educator preparation program at an Illinois

 

 

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1        institution of higher education and that has
2        recognition standards comparable to those approved by
3        the State Superintendent of Education and holds the
4        general administrative, principal, or chief school
5        business official endorsement and who has had 2 years
6        of experience as a principal, director of special
7        education, or chief school business official while
8        holding a valid educator license or certificate
9        comparable in validity and educational and experience
10        requirements and has passed the appropriate State
11        tests, as provided in Section 21B-30 of this Code. The
12        superintendent endorsement shall allow individuals to
13        serve only as a superintendent or assistant
14        superintendent.
15            (E) Teacher leader endorsement. It shall be the
16        policy of this State to improve the quality of
17        instructional leaders by providing a career pathway
18        for teachers interested in serving in leadership
19        roles, but not as principals. The State Board of
20        Education, in consultation with the State Educator
21        Preparation and Licensure Board, may issue a teacher
22        leader endorsement under this subdivision (E). Persons
23        who meet and successfully complete the requirements of
24        the endorsement shall be issued a teacher leader
25        endorsement on the Professional Educator License for
26        serving in schools in this State. Teacher leaders may

 

 

HB5447 Enrolled- 1134 -LRB100 16294 AMC 31417 b

1        qualify to serve in such positions as department
2        chairs, coaches, mentors, curriculum and instruction
3        leaders, or other leadership positions as defined by
4        the district. The endorsement shall be available to
5        those teachers who (i) hold a Professional Educator
6        License, (ii) hold a master's degree or higher from a
7        regionally accredited institution, (iii) have
8        completed a program of study that has been approved by
9        the State Board of Education, in consultation with the
10        State Educator Preparation and Licensure Board, and
11        (iv) have successfully demonstrated competencies as
12        defined by rule.
13            A teacher who meets the requirements set forth in
14        this Section and holds a teacher leader endorsement may
15        evaluate teachers pursuant to Section 24A-5 of this
16        Code, provided that the individual has completed the
17        evaluation component required by Section 24A-3 of this
18        Code and a teacher leader is allowed to evaluate
19        personnel under the respective school district's
20        collective bargaining agreement.
21            The State Board of Education, in consultation with
22        the State Educator Preparation and Licensure Board,
23        may adopt such rules as may be necessary to establish
24        and implement the teacher leader endorsement program
25        and to specify the positions for which this endorsement
26        shall be required.

 

 

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1            (F) Special education endorsement. A special
2        education endorsement in one or more areas shall be
3        affixed to a Professional Educator License for any
4        individual that meets those requirements established
5        by the State Board of Education in rules. Special
6        education endorsement areas shall include without
7        limitation the following:
8                (i) Learning Behavior Specialist I;
9                (ii) Learning Behavior Specialist II;
10                (iii) Speech Language Pathologist;
11                (iv) Blind or Visually Impaired;
12                (v) Deaf-Hard of Hearing;
13                (vi) Early Childhood Special Education; and
14                (vii) Director of Special Education.
15        Notwithstanding anything in this Code to the contrary,
16        the State Board of Education, in consultation with the
17        State Educator Preparation and Licensure Board, may
18        add additional areas of special education by rule.
19            (G) School support personnel endorsement. School
20        support personnel endorsement areas shall include, but
21        are not limited to, school counselor, marriage and
22        family therapist, school psychologist, school speech
23        and language pathologist, school nurse, and school
24        social worker. This endorsement is for individuals who
25        are not teachers or administrators, but still require
26        licensure to work in an instructional support position

 

 

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1        in a public or State-operated elementary school,
2        secondary school, or cooperative or joint agreement
3        with a governing body or board of control or a charter
4        school operating in compliance with the Charter
5        Schools Law. The school support personnel endorsement
6        shall be affixed to the Professional Educator License
7        and shall meet all of the requirements established in
8        any rules adopted to implement this subdivision (G).
9        The holder of such an endorsement is entitled to all of
10        the rights and privileges granted holders of any other
11        Professional Educator License, including teacher
12        benefits, compensation, and working conditions.
13            Beginning on January 1, 2014 and ending on April
14        30, 2014, a person holding a Professional Educator
15        License with a school speech and language pathologist
16        (teaching) endorsement may exchange his or her school
17        speech and language pathologist (teaching) endorsement
18        for a school speech and language pathologist
19        (non-teaching) endorsement through application to the
20        State Board of Education. There shall be no cost for
21        this exchange.
22(Source: P.A. 99-58, eff. 7-16-15; 99-623, eff. 7-22-16;
2399-920, eff. 1-6-17; 100-13, eff. 7-1-17; 100-267, eff.
248-22-17; 100-288, eff. 8-24-17; revised 9-25-17.)
 
25    (105 ILCS 5/21B-30)

 

 

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1    Sec. 21B-30. Educator testing.
2    (a) This Section applies beginning on July 1, 2012.
3    (b) The State Board of Education, in consultation with the
4State Educator Preparation and Licensure Board, shall design
5and implement a system of examinations, which shall be required
6prior to the issuance of educator licenses. These examinations
7and indicators must be based on national and State professional
8teaching standards, as determined by the State Board of
9Education, in consultation with the State Educator Preparation
10and Licensure Board. The State Board of Education may adopt
11such rules as may be necessary to implement and administer this
12Section.
13    (c) Applicants seeking a Professional Educator License or
14an Educator License with Stipulations shall be required to pass
15a test of basic skills before the license is issued, unless the
16endorsement the individual is seeking does not require passage
17of the test. All applicants completing Illinois-approved,
18teacher education or school service personnel preparation
19programs shall be required to pass the State Board of
20Education's recognized test of basic skills prior to starting
21their student teaching or starting the final semester of their
22internship, unless required earlier at the discretion of the
23recognized, Illinois institution in which they are completing
24their approved program. An individual who passes a test of
25basic skills does not need to do so again for subsequent
26endorsements or other educator licenses.

 

 

HB5447 Enrolled- 1138 -LRB100 16294 AMC 31417 b

1    (d) All applicants seeking a State license shall be
2required to pass a test of content area knowledge for each area
3of endorsement for which there is an applicable test. There
4shall be no exception to this requirement. No candidate shall
5be allowed to student teach or serve as the teacher of record
6until he or she has passed the applicable content area test.
7    (e) (Blank). and completing their student teaching
8experience no later than August 31, 2015 Prior to September 1,
92015, passage The APT shall be available through August 31,
102020.
11    (f) Except as otherwise provided in this Article, beginning
12on September 1, 2015, all candidates completing teacher
13preparation programs in this State and all candidates subject
14to Section 21B-35 of this Code are required to pass an
15evidence-based assessment of teacher effectiveness approved by
16the State Board of Education, in consultation with the State
17Educator Preparation and Licensure Board. All recognized
18institutions offering approved teacher preparation programs
19must begin phasing in the approved teacher performance
20assessment no later than July 1, 2013.
21    (g) Tests of basic skills and content area knowledge and
22the assessment of professional teaching shall be the tests that
23from time to time are designated by the State Board of
24Education, in consultation with the State Educator Preparation
25and Licensure Board, and may be tests prepared by an
26educational testing organization or tests designed by the State

 

 

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1Board of Education, in consultation with the State Educator
2Preparation and Licensure Board. The areas to be covered by a
3test of basic skills shall include reading, language arts, and
4mathematics. The test of content area knowledge shall assess
5content knowledge in a specific subject field. The tests must
6be designed to be racially neutral to ensure that no person
7taking the tests is discriminated against on the basis of race,
8color, national origin, or other factors unrelated to the
9person's ability to perform as a licensed employee. The score
10required to pass the tests shall be fixed by the State Board of
11Education, in consultation with the State Educator Preparation
12and Licensure Board. The tests shall be administered not fewer
13than 3 times a year at such time and place as may be designated
14by the State Board of Education, in consultation with the State
15Educator Preparation and Licensure Board.
16    The State Board shall implement a test or tests to assess
17the speaking, reading, writing, and grammar skills of
18applicants for an endorsement or a license issued under
19subdivision (G) of paragraph (2) of Section 21B-20 of this Code
20in the English language and in the language of the transitional
21bilingual education program requested by the applicant.
22    (h) Except as provided in Section 34-6 of this Code, the
23provisions of this Section shall apply equally in any school
24district subject to Article 34 of this Code.
25    (i) The rules developed to implement and enforce the
26testing requirements under this Section shall include without

 

 

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1limitation provisions governing test selection, test
2validation and determination of a passing score,
3administration of the tests, frequency of administration,
4applicant fees, frequency of applicants taking the tests, the
5years for which a score is valid, and appropriate special
6accommodations. The State Board of Education shall develop such
7rules as may be needed to ensure uniformity from year to year
8in the level of difficulty for each form of an assessment.
9(Source: P.A. 98-361, eff. 1-1-14; 98-581, eff. 8-27-13;
1098-756, eff. 7-16-14; 99-58, eff. 7-16-15; 99-657, eff.
117-28-16; 99-920, eff. 1-6-17; revised 1-23-17.)
 
12    (105 ILCS 5/21B-45)
13    Sec. 21B-45. Professional Educator License renewal.
14    (a) Individuals holding a Professional Educator License
15are required to complete the licensure renewal requirements as
16specified in this Section, unless otherwise provided in this
17Code.
18    Individuals holding a Professional Educator License shall
19meet the renewal requirements set forth in this Section, unless
20otherwise provided in this Code. If an individual holds a
21license endorsed in more than one area that has different
22renewal requirements, that individual shall follow the renewal
23requirements for the position for which he or she spends the
24majority of his or her time working.
25    (b) All Professional Educator Licenses not renewed as

 

 

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1provided in this Section shall lapse on September 1 of that
2year. Notwithstanding any other provisions of this Section, if
3a license holder's electronic mail address is available, the
4State Board of Education shall send him or her notification
5electronically that his or her license will lapse if not
6renewed, to be sent no more than 6 months prior to the license
7lapsing. Lapsed licenses may be immediately reinstated upon (i)
8payment by the applicant of a $500 penalty to the State Board
9of Education or (ii) the demonstration of proficiency by
10completing 9 semester hours of coursework from a regionally
11accredited institution of higher education in the content area
12that most aligns with one or more of the educator's endorsement
13areas. Any and all back fees, including without limitation
14registration fees owed from the time of expiration of the
15license until the date of reinstatement, shall be paid and kept
16in accordance with the provisions in Article 3 of this Code
17concerning an institute fund and the provisions in Article 21B
18of this Code concerning fees and requirements for registration.
19Licenses not registered in accordance with Section 21B-40 of
20this Code shall lapse after a period of 6 months from the
21expiration of the last year of registration or on January 1 of
22the fiscal year following initial issuance of the license. An
23unregistered license is invalid after September 1 for
24employment and performance of services in an Illinois public or
25State-operated school or cooperative and in a charter school.
26Any license or endorsement may be voluntarily surrendered by

 

 

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1the license holder. A voluntarily surrendered license, except a
2substitute teaching license issued under Section 21B-20 of this
3Code, shall be treated as a revoked license. An Educator
4License with Stipulations with only a paraprofessional
5endorsement does not lapse.
6    (c) From July 1, 2013 through June 30, 2014, in order to
7satisfy the requirements for licensure renewal provided for in
8this Section, each professional educator licensee with an
9administrative endorsement who is working in a position
10requiring such endorsement shall complete one Illinois
11Administrators' Academy course, as described in Article 2 of
12this Code, per fiscal year.
13    (d) Beginning July 1, 2014, in order to satisfy the
14requirements for licensure renewal provided for in this
15Section, each professional educator licensee may create a
16professional development plan each year. The plan shall address
17one or more of the endorsements that are required of his or her
18educator position if the licensee is employed and performing
19services in an Illinois public or State-operated school or
20cooperative. If the licensee is employed in a charter school,
21the plan shall address that endorsement or those endorsements
22most closely related to his or her educator position. Licensees
23employed and performing services in any other Illinois schools
24may participate in the renewal requirements by adhering to the
25same process.
26    Except as otherwise provided in this Section, the

 

 

HB5447 Enrolled- 1143 -LRB100 16294 AMC 31417 b

1licensee's professional development activities shall align
2with one or more of the following criteria:
3        (1) activities are of a type that engage participants
4    over a sustained period of time allowing for analysis,
5    discovery, and application as they relate to student
6    learning, social or emotional achievement, or well-being;
7        (2) professional development aligns to the licensee's
8    performance;
9        (3) outcomes for the activities must relate to student
10    growth or district improvement;
11        (4) activities align to State-approved standards; and
12        (5) higher education coursework.
13    (e) For each renewal cycle, each professional educator
14licensee shall engage in professional development activities.
15Prior to renewal, the licensee shall enter electronically into
16the Educator Licensure Information System (ELIS) the name,
17date, and location of the activity, the number of professional
18development hours, and the provider's name. The following
19provisions shall apply concerning professional development
20activities:
21        (1) Each licensee shall complete a total of 120 hours
22    of professional development per 5-year renewal cycle in
23    order to renew the license, except as otherwise provided in
24    this Section.
25        (2) Beginning with his or her first full 5-year cycle,
26    any licensee with an administrative endorsement who is not

 

 

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1    working in a position requiring such endorsement is not
2    required to complete Illinois Administrators' Academy
3    courses, as described in Article 2 of this Code. Such
4    licensees must complete one Illinois Administrators'
5    Academy course within one year after returning to a
6    position that requires the administrative endorsement.
7        (3) Any licensee with an administrative endorsement
8    who is working in a position requiring such endorsement or
9    an individual with a Teacher Leader endorsement serving in
10    an administrative capacity at least 50% of the day shall
11    complete one Illinois Administrators' Academy course, as
12    described in Article 2 of this Code, each fiscal year in
13    addition to 100 hours of professional development per
14    5-year renewal cycle in accordance with this Code.
15        (4) Any licensee holding a current National Board for
16    Professional Teaching Standards (NBPTS) master teacher
17    designation shall complete a total of 60 hours of
18    professional development per 5-year renewal cycle in order
19    to renew the license.
20        (5) Licensees working in a position that does not
21    require educator licensure or working in a position for
22    less than 50% for any particular year are considered to be
23    exempt and shall be required to pay only the registration
24    fee in order to renew and maintain the validity of the
25    license.
26        (6) Licensees who are retired and qualify for benefits

 

 

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1    from a State retirement system shall notify the State Board
2    of Education using ELIS, and the license shall be
3    maintained in retired status. For any renewal cycle in
4    which a licensee retires during the renewal cycle, the
5    licensee must complete professional development activities
6    on a prorated basis depending on the number of years during
7    the renewal cycle the educator held an active license. If a
8    licensee retires during a renewal cycle, the licensee must
9    notify the State Board of Education using ELIS that the
10    licensee wishes to maintain the license in retired status
11    and must show proof of completion of professional
12    development activities on a prorated basis for all years of
13    that renewal cycle for which the license was active. An
14    individual with a license in retired status shall not be
15    required to complete professional development activities
16    or pay registration fees until returning to a position that
17    requires educator licensure. Upon returning to work in a
18    position that requires the Professional Educator License,
19    the licensee shall immediately pay a registration fee and
20    complete renewal requirements for that year. A license in
21    retired status cannot lapse. Beginning on January 6, 2017
22    (the effective date of Public Act 99-920) through December
23    31, 2017, any licensee who has retired and whose license
24    has lapsed for failure to renew as provided in this Section
25    may reinstate that license and maintain it in retired
26    status upon providing proof to the State Board of Education

 

 

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1    using ELIS that the licensee is retired and is not working
2    in a position that requires a Professional Educator
3    License.
4        (7) For any renewal cycle in which professional
5    development hours were required, but not fulfilled, the
6    licensee shall complete any missed hours to total the
7    minimum professional development hours required in this
8    Section prior to September 1 of that year. For any fiscal
9    year or renewal cycle in which an Illinois Administrators'
10    Academy course was required but not completed, the licensee
11    shall complete any missed Illinois Administrators' Academy
12    courses prior to September 1 of that year. The licensee may
13    complete all deficient hours and Illinois Administrators'
14    Academy courses while continuing to work in a position that
15    requires that license until September 1 of that year.
16        (8) Any licensee who has not fulfilled the professional
17    development renewal requirements set forth in this Section
18    at the end of any 5-year renewal cycle is ineligible to
19    register his or her license and may submit an appeal to the
20    State Superintendent of Education for reinstatement of the
21    license.
22        (9) If professional development opportunities were
23    unavailable to a licensee, proof that opportunities were
24    unavailable and request for an extension of time beyond
25    August 31 to complete the renewal requirements may be
26    submitted from April 1 through June 30 of that year to the

 

 

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1    State Educator Preparation and Licensure Board. If an
2    extension is approved, the license shall remain valid
3    during the extension period.
4        (10) Individuals who hold exempt licenses prior to
5    December 27, 2013 (the effective date of Public Act 98-610)
6    shall commence the annual renewal process with the first
7    scheduled registration due after December 27, 2013 (the
8    effective date of Public Act 98-610).
9        (11) Notwithstanding any other provision of this
10    subsection (e), if a licensee earns more than the required
11    number of professional development hours during a renewal
12    cycle, then the licensee may carry over any hours earned
13    from April 1 through June 30 of the last year of the
14    renewal cycle. Any hours carried over in this manner must
15    be applied to the next renewal cycle. Illinois
16    Administrators' Academy courses or hours earned in those
17    courses may not be carried over.
18    (f) At the time of renewal, each licensee shall respond to
19the required questions under penalty of perjury.
20    (g) The following entities shall be designated as approved
21to provide professional development activities for the renewal
22of Professional Educator Licenses:
23        (1) The State Board of Education.
24        (2) Regional offices of education and intermediate
25    service centers.
26        (3) Illinois professional associations representing

 

 

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1    the following groups that are approved by the State
2    Superintendent of Education:
3            (A) school administrators;
4            (B) principals;
5            (C) school business officials;
6            (D) teachers, including special education
7        teachers;
8            (E) school boards;
9            (F) school districts;
10            (G) parents; and
11            (H) school service personnel.
12        (4) Regionally accredited institutions of higher
13    education that offer Illinois-approved educator
14    preparation programs and public community colleges subject
15    to the Public Community College Act.
16        (5) Illinois public school districts, charter schools
17    authorized under Article 27A of this Code, and joint
18    educational programs authorized under Article 10 of this
19    Code for the purposes of providing career and technical
20    education or special education services.
21        (6) A not-for-profit organization that, as of December
22    31, 2014 (the effective date of Public Act 98-1147), has
23    had or has a grant from or a contract with the State Board
24    of Education to provide professional development services
25    in the area of English Learning to Illinois school
26    districts, teachers, or administrators.

 

 

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1        (7) State agencies, State boards, and State
2    commissions.
3        (8) Museums as defined in Section 10 of the Museum
4    Disposition of Property Act.
5    (h) Approved providers under subsection (g) of this Section
6shall make available professional development opportunities
7that satisfy at least one of the following:
8        (1) increase the knowledge and skills of school and
9    district leaders who guide continuous professional
10    development;
11        (2) improve the learning of students;
12        (3) organize adults into learning communities whose
13    goals are aligned with those of the school and district;
14        (4) deepen educator's content knowledge;
15        (5) provide educators with research-based
16    instructional strategies to assist students in meeting
17    rigorous academic standards;
18        (6) prepare educators to appropriately use various
19    types of classroom assessments;
20        (7) use learning strategies appropriate to the
21    intended goals;
22        (8) provide educators with the knowledge and skills to
23    collaborate; or
24        (9) prepare educators to apply research to
25    decision-making.
26    (i) Approved providers under subsection (g) of this Section

 

 

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1shall do the following:
2        (1) align professional development activities to the
3    State-approved national standards for professional
4    learning;
5        (2) meet the professional development criteria for
6    Illinois licensure renewal;
7        (3) produce a rationale for the activity that explains
8    how it aligns to State standards and identify the
9    assessment for determining the expected impact on student
10    learning or school improvement;
11        (4) maintain original documentation for completion of
12    activities; and
13        (5) provide license holders with evidence of
14    completion of activities.
15    (j) The State Board of Education shall conduct annual
16audits of a subset of approved providers, except for school
17districts, which shall be audited by regional offices of
18education and intermediate service centers. Each approved
19provider, except for school districts, that is audited by a
20regional office of education or intermediate service center
21must be audited at least once every 5 years. The State Board of
22Education shall complete random audits of licensees.
23        (1) Approved providers shall annually submit to the
24    State Board of Education a list of subcontractors used for
25    delivery of professional development activities for which
26    renewal credit was issued and other information as defined

 

 

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1    by rule.
2        (2) Approved providers shall annually submit data to
3    the State Board of Education demonstrating how the
4    professional development activities impacted one or more
5    of the following:
6            (A) educator and student growth in regards to
7        content knowledge or skills, or both;
8            (B) educator and student social and emotional
9        growth; or
10            (C) alignment to district or school improvement
11        plans.
12        (3) The State Superintendent of Education shall review
13    the annual data collected by the State Board of Education,
14    regional offices of education, and intermediate service
15    centers in audits to determine if the approved provider has
16    met the criteria and should continue to be an approved
17    provider or if further action should be taken as provided
18    in rules.
19    (k) Registration fees shall be paid for the next renewal
20cycle between April 1 and June 30 in the last year of each
215-year renewal cycle using ELIS. If all required professional
22development hours for the renewal cycle have been completed and
23entered by the licensee, the licensee shall pay the
24registration fees for the next cycle using a form of credit or
25debit card.
26    (l) Any professional educator licensee endorsed for school

 

 

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1support personnel who is employed and performing services in
2Illinois public schools and who holds an active and current
3professional license issued by the Department of Financial and
4Professional Regulation or a national certification board, as
5approved by the State Board of Education, related to the
6endorsement areas on the Professional Educator License shall be
7deemed to have satisfied the continuing professional
8development requirements provided for in this Section. Such
9individuals shall be required to pay only registration fees to
10renew the Professional Educator License. An individual who does
11not hold a license issued by the Department of Financial and
12Professional Regulation shall complete professional
13development requirements for the renewal of a Professional
14Educator License provided for in this Section.
15    (m) Appeals to the State Educator Preparation and Licensure
16Board must be made within 30 days after receipt of notice from
17the State Superintendent of Education that a license will not
18be renewed based upon failure to complete the requirements of
19this Section. A licensee may appeal that decision to the State
20Educator Preparation and Licensure Board in a manner prescribed
21by rule.
22        (1) Each appeal shall state the reasons why the State
23    Superintendent's decision should be reversed and shall be
24    sent by certified mail, return receipt requested, to the
25    State Board of Education.
26        (2) The State Educator Preparation and Licensure Board

 

 

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1    shall review each appeal regarding renewal of a license
2    within 90 days after receiving the appeal in order to
3    determine whether the licensee has met the requirements of
4    this Section. The State Educator Preparation and Licensure
5    Board may hold an appeal hearing or may make its
6    determination based upon the record of review, which shall
7    consist of the following:
8            (A) the regional superintendent of education's
9        rationale for recommending nonrenewal of the license,
10        if applicable;
11            (B) any evidence submitted to the State
12        Superintendent along with the individual's electronic
13        statement of assurance for renewal; and
14            (C) the State Superintendent's rationale for
15        nonrenewal of the license.
16        (3) The State Educator Preparation and Licensure Board
17    shall notify the licensee of its decision regarding license
18    renewal by certified mail, return receipt requested, no
19    later than 30 days after reaching a decision. Upon receipt
20    of notification of renewal, the licensee, using ELIS, shall
21    pay the applicable registration fee for the next cycle
22    using a form of credit or debit card.
23    (n) The State Board of Education may adopt rules as may be
24necessary to implement this Section.
25(Source: P.A. 99-58, eff. 7-16-15; 99-130, eff. 7-24-15;
2699-591, eff. 1-1-17; 99-642, eff. 7-28-16; 99-920, eff. 1-6-17;

 

 

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1100-13, eff. 7-1-17; 100-339, eff. 8-25-17; revised 9-22-17.)
 
2    (105 ILCS 5/22-80)
3    Sec. 22-80. Student athletes; concussions and head
4injuries.
5    (a) The General Assembly recognizes all of the following:
6        (1) Concussions are one of the most commonly reported
7    injuries in children and adolescents who participate in
8    sports and recreational activities. The Centers for
9    Disease Control and Prevention estimates that as many as
10    3,900,000 sports-related and recreation-related
11    concussions occur in the United States each year. A
12    concussion is caused by a blow or motion to the head or
13    body that causes the brain to move rapidly inside the
14    skull. The risk of catastrophic injuries or death are
15    significant when a concussion or head injury is not
16    properly evaluated and managed.
17        (2) Concussions are a type of brain injury that can
18    range from mild to severe and can disrupt the way the brain
19    normally works. Concussions can occur in any organized or
20    unorganized sport or recreational activity and can result
21    from a fall or from players colliding with each other, the
22    ground, or with obstacles. Concussions occur with or
23    without loss of consciousness, but the vast majority of
24    concussions occur without loss of consciousness.
25        (3) Continuing to play with a concussion or symptoms of

 

 

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1    a head injury leaves a young athlete especially vulnerable
2    to greater injury and even death. The General Assembly
3    recognizes that, despite having generally recognized
4    return-to-play standards for concussions and head
5    injuries, some affected youth athletes are prematurely
6    returned to play, resulting in actual or potential physical
7    injury or death to youth athletes in this State.
8        (4) Student athletes who have sustained a concussion
9    may need informal or formal accommodations, modifications
10    of curriculum, and monitoring by medical or academic staff
11    until the student is fully recovered. To that end, all
12    schools are encouraged to establish a return-to-learn
13    protocol that is based on peer-reviewed scientific
14    evidence consistent with Centers for Disease Control and
15    Prevention guidelines and conduct baseline testing for
16    student athletes.
17    (b) In this Section:
18    "Athletic trainer" means an athletic trainer licensed
19under the Illinois Athletic Trainers Practice Act who is
20working under the supervision of a physician.
21    "Coach" means any volunteer or employee of a school who is
22responsible for organizing and supervising students to teach
23them or train them in the fundamental skills of an
24interscholastic athletic activity. "Coach" refers to both head
25coaches and assistant coaches.
26    "Concussion" means a complex pathophysiological process

 

 

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1affecting the brain caused by a traumatic physical force or
2impact to the head or body, which may include temporary or
3prolonged altered brain function resulting in physical,
4cognitive, or emotional symptoms or altered sleep patterns and
5which may or may not involve a loss of consciousness.
6    "Department" means the Department of Financial and
7Professional Regulation.
8    "Game official" means a person who officiates at an
9interscholastic athletic activity, such as a referee or umpire,
10including, but not limited to, persons enrolled as game
11officials by the Illinois High School Association or Illinois
12Elementary School Association.
13    "Interscholastic athletic activity" means any organized
14school-sponsored or school-sanctioned activity for students,
15generally outside of school instructional hours, under the
16direction of a coach, athletic director, or band leader,
17including, but not limited to, baseball, basketball,
18cheerleading, cross country track, fencing, field hockey,
19football, golf, gymnastics, ice hockey, lacrosse, marching
20band, rugby, soccer, skating, softball, swimming and diving,
21tennis, track (indoor and outdoor), ultimate Frisbee,
22volleyball, water polo, and wrestling. All interscholastic
23athletics are deemed to be interscholastic activities.
24    "Licensed healthcare professional" means a person who has
25experience with concussion management and who is a nurse, a
26psychologist who holds a license under the Clinical

 

 

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1Psychologist Licensing Act and specializes in the practice of
2neuropsychology, a physical therapist licensed under the
3Illinois Physical Therapy Act, an occupational therapist
4licensed under the Illinois Occupational Therapy Practice Act,
5a physician assistant, or an athletic trainer.
6    "Nurse" means a person who is employed by or volunteers at
7a school and is licensed under the Nurse Practice Act as a
8registered nurse, practical nurse, or advanced practice
9registered nurse.
10    "Physician" means a physician licensed to practice
11medicine in all of its branches under the Medical Practice Act
12of 1987.
13    "Physician assistant" means a physician assistant licensed
14under the Physician Assistant Practice Act of 1987.
15    "School" means any public or private elementary or
16secondary school, including a charter school.
17    "Student" means an adolescent or child enrolled in a
18school.
19    (c) This Section applies to any interscholastic athletic
20activity, including practice and competition, sponsored or
21sanctioned by a school, the Illinois Elementary School
22Association, or the Illinois High School Association. This
23Section applies beginning with the 2016-2017 school year.
24    (d) The governing body of each public or charter school and
25the appropriate administrative officer of a private school with
26students enrolled who participate in an interscholastic

 

 

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1athletic activity shall appoint or approve a concussion
2oversight team. Each concussion oversight team shall establish
3a return-to-play protocol, based on peer-reviewed scientific
4evidence consistent with Centers for Disease Control and
5Prevention guidelines, for a student's return to
6interscholastic athletics practice or competition following a
7force or impact believed to have caused a concussion. Each
8concussion oversight team shall also establish a
9return-to-learn protocol, based on peer-reviewed scientific
10evidence consistent with Centers for Disease Control and
11Prevention guidelines, for a student's return to the classroom
12after that student is believed to have experienced a
13concussion, whether or not the concussion took place while the
14student was participating in an interscholastic athletic
15activity.
16    Each concussion oversight team must include to the extent
17practicable at least one physician. If a school employs an
18athletic trainer, the athletic trainer must be a member of the
19school concussion oversight team to the extent practicable. If
20a school employs a nurse, the nurse must be a member of the
21school concussion oversight team to the extent practicable. At
22a minimum, a school shall appoint a person who is responsible
23for implementing and complying with the return-to-play and
24return-to-learn protocols adopted by the concussion oversight
25team. At a minimum, a concussion oversight team may be composed
26of only one person and this person need not be a licensed

 

 

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1healthcare professional, but it may not be a coach. A school
2may appoint other licensed healthcare professionals to serve on
3the concussion oversight team.
4    (e) A student may not participate in an interscholastic
5athletic activity for a school year until the student and the
6student's parent or guardian or another person with legal
7authority to make medical decisions for the student have signed
8a form for that school year that acknowledges receiving and
9reading written information that explains concussion
10prevention, symptoms, treatment, and oversight and that
11includes guidelines for safely resuming participation in an
12athletic activity following a concussion. The form must be
13approved by the Illinois High School Association.
14    (f) A student must be removed from an interscholastic
15athletics practice or competition immediately if one of the
16following persons believes the student might have sustained a
17concussion during the practice or competition:
18        (1) a coach;
19        (2) a physician;
20        (3) a game official;
21        (4) an athletic trainer;
22        (5) the student's parent or guardian or another person
23    with legal authority to make medical decisions for the
24    student;
25        (6) the student; or
26        (7) any other person deemed appropriate under the

 

 

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1    school's return-to-play protocol.
2    (g) A student removed from an interscholastic athletics
3practice or competition under this Section may not be permitted
4to practice or compete again following the force or impact
5believed to have caused the concussion until:
6        (1) the student has been evaluated, using established
7    medical protocols based on peer-reviewed scientific
8    evidence consistent with Centers for Disease Control and
9    Prevention guidelines, by a treating physician (chosen by
10    the student or the student's parent or guardian or another
11    person with legal authority to make medical decisions for
12    the student), an athletic trainer, an advanced practice
13    registered nurse, or a physician assistant;
14        (2) the student has successfully completed each
15    requirement of the return-to-play protocol established
16    under this Section necessary for the student to return to
17    play;
18        (3) the student has successfully completed each
19    requirement of the return-to-learn protocol established
20    under this Section necessary for the student to return to
21    learn;
22        (4) the treating physician, the athletic trainer, or
23    the physician assistant has provided a written statement
24    indicating that, in the physician's professional judgment,
25    it is safe for the student to return to play and return to
26    learn or the treating advanced practice registered nurse

 

 

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1    has provided a written statement indicating that it is safe
2    for the student to return to play and return to learn; and
3        (5) the student and the student's parent or guardian or
4    another person with legal authority to make medical
5    decisions for the student:
6            (A) have acknowledged that the student has
7        completed the requirements of the return-to-play and
8        return-to-learn protocols necessary for the student to
9        return to play;
10            (B) have provided the treating physician's,
11        athletic trainer's, advanced practice registered
12        nurse's, or physician assistant's written statement
13        under subdivision (4) of this subsection (g) to the
14        person responsible for compliance with the
15        return-to-play and return-to-learn protocols under
16        this subsection (g) and the person who has supervisory
17        responsibilities under this subsection (g); and
18            (C) have signed a consent form indicating that the
19        person signing:
20                (i) has been informed concerning and consents
21            to the student participating in returning to play
22            in accordance with the return-to-play and
23            return-to-learn protocols;
24                (ii) understands the risks associated with the
25            student returning to play and returning to learn
26            and will comply with any ongoing requirements in

 

 

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1            the return-to-play and return-to-learn protocols;
2            and
3                (iii) consents to the disclosure to
4            appropriate persons, consistent with the federal
5            Health Insurance Portability and Accountability
6            Act of 1996 (Public Law 104-191), of the treating
7            physician's, athletic trainer's, physician
8            assistant's, or advanced practice registered
9            nurse's written statement under subdivision (4) of
10            this subsection (g) and, if any, the
11            return-to-play and return-to-learn recommendations
12            of the treating physician, the athletic trainer,
13            the physician assistant, or the advanced practice
14            registered nurse, as the case may be.
15    A coach of an interscholastic athletics team may not
16authorize a student's return to play or return to learn.
17    The district superintendent or the superintendent's
18designee in the case of a public elementary or secondary
19school, the chief school administrator or that person's
20designee in the case of a charter school, or the appropriate
21administrative officer or that person's designee in the case of
22a private school shall supervise an athletic trainer or other
23person responsible for compliance with the return-to-play
24protocol and shall supervise the person responsible for
25compliance with the return-to-learn protocol. The person who
26has supervisory responsibilities under this paragraph may not

 

 

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1be a coach of an interscholastic athletics team.
2    (h)(1) The Illinois High School Association shall approve,
3for coaches, game officials, and non-licensed healthcare
4professionals, training courses that provide for not less than
52 hours of training in the subject matter of concussions,
6including evaluation, prevention, symptoms, risks, and
7long-term effects. The Association shall maintain an updated
8list of individuals and organizations authorized by the
9Association to provide the training.
10    (2) The following persons must take a training course in
11accordance with paragraph (4) of this subsection (h) from an
12authorized training provider at least once every 2 years:
13        (A) a coach of an interscholastic athletic activity;
14        (B) a nurse, licensed healthcare professional, or
15    non-licensed healthcare professional who serves as a
16    member of a concussion oversight team either on a volunteer
17    basis or in his or her capacity as an employee,
18    representative, or agent of a school; and
19        (C) a game official of an interscholastic athletic
20    activity.
21    (3) A physician who serves as a member of a concussion
22oversight team shall, to the greatest extent practicable,
23periodically take an appropriate continuing medical education
24course in the subject matter of concussions.
25    (4) For purposes of paragraph (2) of this subsection (h):
26        (A) a coach, game official, or non-licensed healthcare

 

 

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1    professional, as the case may be, must take a course
2    described in paragraph (1) of this subsection (h);
3        (B) an athletic trainer must take a concussion-related
4    continuing education course from an athletic trainer
5    continuing education sponsor approved by the Department;
6        (C) a nurse must take a concussion-related continuing
7    education course from a nurse continuing education sponsor
8    approved by the Department;
9        (D) a physical therapist must take a
10    concussion-related continuing education course from a
11    physical therapist continuing education sponsor approved
12    by the Department;
13        (E) a psychologist must take a concussion-related
14    continuing education course from a psychologist continuing
15    education sponsor approved by the Department;
16        (F) an occupational therapist must take a
17    concussion-related continuing education course from an
18    occupational therapist continuing education sponsor
19    approved by the Department; and
20        (G) a physician assistant must take a
21    concussion-related continuing education course from a
22    physician assistant continuing education sponsor approved
23    by the Department.
24    (5) Each person described in paragraph (2) of this
25subsection (h) must submit proof of timely completion of an
26approved course in compliance with paragraph (4) of this

 

 

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1subsection (h) to the district superintendent or the
2superintendent's designee in the case of a public elementary or
3secondary school, the chief school administrator or that
4person's designee in the case of a charter school, or the
5appropriate administrative officer or that person's designee
6in the case of a private school.
7    (6) A physician, licensed healthcare professional, or
8non-licensed healthcare professional who is not in compliance
9with the training requirements under this subsection (h) may
10not serve on a concussion oversight team in any capacity.
11    (7) A person required under this subsection (h) to take a
12training course in the subject of concussions must complete the
13training prior to serving on a concussion oversight team in any
14capacity.
15    (i) The governing body of each public or charter school and
16the appropriate administrative officer of a private school with
17students enrolled who participate in an interscholastic
18athletic activity shall develop a school-specific emergency
19action plan for interscholastic athletic activities to address
20the serious injuries and acute medical conditions in which the
21condition of the student may deteriorate rapidly. The plan
22shall include a delineation of roles, methods of communication,
23available emergency equipment, and access to and a plan for
24emergency transport. This emergency action plan must be:
25        (1) in writing;
26        (2) reviewed by the concussion oversight team;

 

 

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1        (3) approved by the district superintendent or the
2    superintendent's designee in the case of a public
3    elementary or secondary school, the chief school
4    administrator or that person's designee in the case of a
5    charter school, or the appropriate administrative officer
6    or that person's designee in the case of a private school;
7        (4) distributed to all appropriate personnel;
8        (5) posted conspicuously at all venues utilized by the
9    school; and
10        (6) reviewed annually by all athletic trainers, first
11    responders, coaches, school nurses, athletic directors,
12    and volunteers for interscholastic athletic activities.
13    (j) The State Board of Education may adopt rules as
14necessary to administer this Section.
15(Source: P.A. 99-245, eff. 8-3-15; 99-486, eff. 11-20-15;
1699-642, eff. 7-28-16; 100-309, eff. 9-1-17; 100-513, eff.
171-1-18; revised 9-22-17.)
 
18    (105 ILCS 5/26-1)  (from Ch. 122, par. 26-1)
19    Sec. 26-1. Compulsory school age; exemptions
20age-Exemptions. Whoever has custody or control of any child (i)
21between the ages of 7 and 17 years (unless the child has
22already graduated from high school) for school years before the
232014-2015 school year or (ii) between the ages of 6 (on or
24before September 1) and 17 years (unless the child has already
25graduated from high school) beginning with the 2014-2015 school

 

 

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1year shall cause such child to attend some public school in the
2district wherein the child resides the entire time it is in
3session during the regular school term, except as provided in
4Section 10-19.1, and during a required summer school program
5established under Section 10-22.33B; provided, that the
6following children shall not be required to attend the public
7schools:
8        1. Any child attending a private or a parochial school
9    where children are taught the branches of education taught
10    to children of corresponding age and grade in the public
11    schools, and where the instruction of the child in the
12    branches of education is in the English language;
13        2. Any child who is physically or mentally unable to
14    attend school, such disability being certified to the
15    county or district truant officer by a competent physician
16    licensed in Illinois to practice medicine and surgery in
17    all its branches, a chiropractic physician licensed under
18    the Medical Practice Act of 1987, a licensed advanced
19    practice registered nurse, a licensed physician assistant,
20    or a Christian Science practitioner residing in this State
21    and listed in the Christian Science Journal; or who is
22    excused for temporary absence for cause by the principal or
23    teacher of the school which the child attends; the
24    exemptions in this paragraph (2) do not apply to any female
25    who is pregnant or the mother of one or more children,
26    except where a female is unable to attend school due to a

 

 

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1    complication arising from her pregnancy and the existence
2    of such complication is certified to the county or district
3    truant officer by a competent physician;
4        3. Any child necessarily and lawfully employed
5    according to the provisions of the law regulating child
6    labor may be excused from attendance at school by the
7    county superintendent of schools or the superintendent of
8    the public school which the child should be attending, on
9    certification of the facts by and the recommendation of the
10    school board of the public school district in which the
11    child resides. In districts having part-time part time
12    continuation schools, children so excused shall attend
13    such schools at least 8 hours each week;
14        4. Any child over 12 and under 14 years of age while in
15    attendance at confirmation classes;
16        5. Any child absent from a public school on a
17    particular day or days or at a particular time of day for
18    the reason that he is unable to attend classes or to
19    participate in any examination, study or work requirements
20    on a particular day or days or at a particular time of day,
21    because the tenets of his religion forbid secular activity
22    on a particular day or days or at a particular time of day.
23    Each school board shall prescribe rules and regulations
24    relative to absences for religious holidays including, but
25    not limited to, a list of religious holidays on which it
26    shall be mandatory to excuse a child; but nothing in this

 

 

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1    paragraph 5 shall be construed to limit the right of any
2    school board, at its discretion, to excuse an absence on
3    any other day by reason of the observance of a religious
4    holiday. A school board may require the parent or guardian
5    of a child who is to be excused from attending school due
6    to the observance of a religious holiday to give notice,
7    not exceeding 5 days, of the child's absence to the school
8    principal or other school personnel. Any child excused from
9    attending school under this paragraph 5 shall not be
10    required to submit a written excuse for such absence after
11    returning to school;
12        6. Any child 16 years of age or older who (i) submits
13    to a school district evidence of necessary and lawful
14    employment pursuant to paragraph 3 of this Section and (ii)
15    is enrolled in a graduation incentives program pursuant to
16    Section 26-16 of this Code or an alternative learning
17    opportunities program established pursuant to Article 13B
18    of this Code;
19        7. A child in any of grades 6 through 12 absent from a
20    public school on a particular day or days or at a
21    particular time of day for the purpose of sounding "Taps"
22    at a military honors funeral held in this State for a
23    deceased veteran. In order to be excused under this
24    paragraph 7, the student shall notify the school's
25    administration at least 2 days prior to the date of the
26    absence and shall provide the school's administration with

 

 

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1    the date, time, and location of the military honors
2    funeral. The school's administration may waive this 2-day
3    notification requirement if the student did not receive at
4    least 2 days advance notice, but the student shall notify
5    the school's administration as soon as possible of the
6    absence. A student whose absence is excused under this
7    paragraph 7 shall be counted as if the student attended
8    school for purposes of calculating the average daily
9    attendance of students in the school district. A student
10    whose absence is excused under this paragraph 7 must be
11    allowed a reasonable time to make up school work missed
12    during the absence. If the student satisfactorily
13    completes the school work, the day of absence shall be
14    counted as a day of compulsory attendance and he or she may
15    not be penalized for that absence; and
16        8. Any child absent from a public school on a
17    particular day or days or at a particular time of day for
18    the reason that his or her parent or legal guardian is an
19    active duty member of the uniformed services and has been
20    called to duty for, is on leave from, or has immediately
21    returned from deployment to a combat zone or combat-support
22    postings. Such a student shall be granted 5 days of excused
23    absences in any school year and, at the discretion of the
24    school board, additional excused absences to visit the
25    student's parent or legal guardian relative to such leave
26    or deployment of the parent or legal guardian. In the case

 

 

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1    of excused absences pursuant to this paragraph 8, the
2    student and parent or legal guardian shall be responsible
3    for obtaining assignments from the student's teacher prior
4    to any period of excused absence and for ensuring that such
5    assignments are completed by the student prior to his or
6    her return to school from such period of excused absence.
7(Source: P.A. 99-173, eff. 7-29-15; 99-804, eff. 1-1-17;
8100-185, eff. 8-18-17; 100-513, eff. 1-1-18; revised 9-22-17.)
 
9    (105 ILCS 5/27-8.1)  (from Ch. 122, par. 27-8.1)
10    Sec. 27-8.1. Health examinations and immunizations.
11    (1) In compliance with rules and regulations which the
12Department of Public Health shall promulgate, and except as
13hereinafter provided, all children in Illinois shall have a
14health examination as follows: within one year prior to
15entering kindergarten or the first grade of any public,
16private, or parochial elementary school; upon entering the
17sixth and ninth grades of any public, private, or parochial
18school; prior to entrance into any public, private, or
19parochial nursery school; and, irrespective of grade,
20immediately prior to or upon entrance into any public, private,
21or parochial school or nursery school, each child shall present
22proof of having been examined in accordance with this Section
23and the rules and regulations promulgated hereunder. Any child
24who received a health examination within one year prior to
25entering the fifth grade for the 2007-2008 school year is not

 

 

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1required to receive an additional health examination in order
2to comply with the provisions of Public Act 95-422 when he or
3she attends school for the 2008-2009 school year, unless the
4child is attending school for the first time as provided in
5this paragraph.
6    A tuberculosis skin test screening shall be included as a
7required part of each health examination included under this
8Section if the child resides in an area designated by the
9Department of Public Health as having a high incidence of
10tuberculosis. Additional health examinations of pupils,
11including eye examinations, may be required when deemed
12necessary by school authorities. Parents are encouraged to have
13their children undergo eye examinations at the same points in
14time required for health examinations.
15    (1.5) In compliance with rules adopted by the Department of
16Public Health and except as otherwise provided in this Section,
17all children in kindergarten and the second and sixth grades of
18any public, private, or parochial school shall have a dental
19examination. Each of these children shall present proof of
20having been examined by a dentist in accordance with this
21Section and rules adopted under this Section before May 15th of
22the school year. If a child in the second or sixth grade fails
23to present proof by May 15th, the school may hold the child's
24report card until one of the following occurs: (i) the child
25presents proof of a completed dental examination or (ii) the
26child presents proof that a dental examination will take place

 

 

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1within 60 days after May 15th. The Department of Public Health
2shall establish, by rule, a waiver for children who show an
3undue burden or a lack of access to a dentist. Each public,
4private, and parochial school must give notice of this dental
5examination requirement to the parents and guardians of
6students at least 60 days before May 15th of each school year.
7    (1.10) Except as otherwise provided in this Section, all
8children enrolling in kindergarten in a public, private, or
9parochial school on or after January 1, 2008 (the effective
10date of Public Act 95-671) this amendatory Act of the 95th
11General Assembly and any student enrolling for the first time
12in a public, private, or parochial school on or after January
131, 2008 (the effective date of Public Act 95-671) this
14amendatory Act of the 95th General Assembly shall have an eye
15examination. Each of these children shall present proof of
16having been examined by a physician licensed to practice
17medicine in all of its branches or a licensed optometrist
18within the previous year, in accordance with this Section and
19rules adopted under this Section, before October 15th of the
20school year. If the child fails to present proof by October
2115th, the school may hold the child's report card until one of
22the following occurs: (i) the child presents proof of a
23completed eye examination or (ii) the child presents proof that
24an eye examination will take place within 60 days after October
2515th. The Department of Public Health shall establish, by rule,
26a waiver for children who show an undue burden or a lack of

 

 

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1access to a physician licensed to practice medicine in all of
2its branches who provides eye examinations or to a licensed
3optometrist. Each public, private, and parochial school must
4give notice of this eye examination requirement to the parents
5and guardians of students in compliance with rules of the
6Department of Public Health. Nothing in this Section shall be
7construed to allow a school to exclude a child from attending
8because of a parent's or guardian's failure to obtain an eye
9examination for the child.
10    (2) The Department of Public Health shall promulgate rules
11and regulations specifying the examinations and procedures
12that constitute a health examination, which shall include an
13age-appropriate developmental screening, an age-appropriate
14social and emotional screening, and the collection of data
15relating to asthma and obesity (including at a minimum, date of
16birth, gender, height, weight, blood pressure, and date of
17exam), and a dental examination and may recommend by rule that
18certain additional examinations be performed. The rules and
19regulations of the Department of Public Health shall specify
20that a tuberculosis skin test screening shall be included as a
21required part of each health examination included under this
22Section if the child resides in an area designated by the
23Department of Public Health as having a high incidence of
24tuberculosis. With respect to the developmental screening and
25the social and emotional screening, the Department of Public
26Health must develop rules and appropriate revisions to the

 

 

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1Child Health Examination form in conjunction with a statewide
2organization representing school boards; a statewide
3organization representing pediatricians; statewide
4organizations representing individuals holding Illinois
5educator licenses with school support personnel endorsements,
6including school social workers, school psychologists, and
7school nurses; a statewide organization representing
8children's mental health experts; a statewide organization
9representing school principals; the Director of Healthcare and
10Family Services or his or her designee, the State
11Superintendent of Education or his or her designee; and
12representatives of other appropriate State agencies and, at a
13minimum, must recommend the use of validated screening tools
14appropriate to the child's age or grade, and, with regard to
15the social and emotional screening, require recording only
16whether or not the screening was completed. The rules shall
17take into consideration the screening recommendations of the
18American Academy of Pediatrics and must be consistent with the
19State Board of Education's social and emotional learning
20standards. The Department of Public Health shall specify that a
21diabetes screening as defined by rule shall be included as a
22required part of each health examination. Diabetes testing is
23not required.
24    Physicians licensed to practice medicine in all of its
25branches, licensed advanced practice registered nurses, or
26licensed physician assistants shall be responsible for the

 

 

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1performance of the health examinations, other than dental
2examinations, eye examinations, and vision and hearing
3screening, and shall sign all report forms required by
4subsection (4) of this Section that pertain to those portions
5of the health examination for which the physician, advanced
6practice registered nurse, or physician assistant is
7responsible. If a registered nurse performs any part of a
8health examination, then a physician licensed to practice
9medicine in all of its branches must review and sign all
10required report forms. Licensed dentists shall perform all
11dental examinations and shall sign all report forms required by
12subsection (4) of this Section that pertain to the dental
13examinations. Physicians licensed to practice medicine in all
14its branches or licensed optometrists shall perform all eye
15examinations required by this Section and shall sign all report
16forms required by subsection (4) of this Section that pertain
17to the eye examination. For purposes of this Section, an eye
18examination shall at a minimum include history, visual acuity,
19subjective refraction to best visual acuity near and far,
20internal and external examination, and a glaucoma evaluation,
21as well as any other tests or observations that in the
22professional judgment of the doctor are necessary. Vision and
23hearing screening tests, which shall not be considered
24examinations as that term is used in this Section, shall be
25conducted in accordance with rules and regulations of the
26Department of Public Health, and by individuals whom the

 

 

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1Department of Public Health has certified. In these rules and
2regulations, the Department of Public Health shall require that
3individuals conducting vision screening tests give a child's
4parent or guardian written notification, before the vision
5screening is conducted, that states, "Vision screening is not a
6substitute for a complete eye and vision evaluation by an eye
7doctor. Your child is not required to undergo this vision
8screening if an optometrist or ophthalmologist has completed
9and signed a report form indicating that an examination has
10been administered within the previous 12 months.".
11    (2.5) With respect to the developmental screening and the
12social and emotional screening portion of the health
13examination, each child may present proof of having been
14screened in accordance with this Section and the rules adopted
15under this Section before October 15th of the school year. With
16regard to the social and emotional screening only, the
17examining health care provider shall only record whether or not
18the screening was completed. If the child fails to present
19proof of the developmental screening or the social and
20emotional screening portions of the health examination by
21October 15th of the school year, qualified school support
22personnel may, with a parent's or guardian's consent, offer the
23developmental screening or the social and emotional screening
24to the child. Each public, private, and parochial school must
25give notice of the developmental screening and social and
26emotional screening requirements to the parents and guardians

 

 

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1of students in compliance with the rules of the Department of
2Public Health. Nothing in this Section shall be construed to
3allow a school to exclude a child from attending because of a
4parent's or guardian's failure to obtain a developmental
5screening or a social and emotional screening for the child.
6Once a developmental screening or a social and emotional
7screening is completed and proof has been presented to the
8school, the school may, with a parent's or guardian's consent,
9make available appropriate school personnel to work with the
10parent or guardian, the child, and the provider who signed the
11screening form to obtain any appropriate evaluations and
12services as indicated on the form and in other information and
13documentation provided by the parents, guardians, or provider.
14    (3) Every child shall, at or about the same time as he or
15she receives a health examination required by subsection (1) of
16this Section, present to the local school proof of having
17received such immunizations against preventable communicable
18diseases as the Department of Public Health shall require by
19rules and regulations promulgated pursuant to this Section and
20the Communicable Disease Prevention Act.
21    (4) The individuals conducting the health examination,
22dental examination, or eye examination shall record the fact of
23having conducted the examination, and such additional
24information as required, including for a health examination
25data relating to asthma and obesity (including at a minimum,
26date of birth, gender, height, weight, blood pressure, and date

 

 

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1of exam), on uniform forms which the Department of Public
2Health and the State Board of Education shall prescribe for
3statewide use. The examiner shall summarize on the report form
4any condition that he or she suspects indicates a need for
5special services, including for a health examination factors
6relating to asthma or obesity. The duty to summarize on the
7report form does not apply to social and emotional screenings.
8The confidentiality of the information and records relating to
9the developmental screening and the social and emotional
10screening shall be determined by the statutes, rules, and
11professional ethics governing the type of provider conducting
12the screening. The individuals confirming the administration
13of required immunizations shall record as indicated on the form
14that the immunizations were administered.
15    (5) If a child does not submit proof of having had either
16the health examination or the immunization as required, then
17the child shall be examined or receive the immunization, as the
18case may be, and present proof by October 15 of the current
19school year, or by an earlier date of the current school year
20established by a school district. To establish a date before
21October 15 of the current school year for the health
22examination or immunization as required, a school district must
23give notice of the requirements of this Section 60 days prior
24to the earlier established date. If for medical reasons one or
25more of the required immunizations must be given after October
2615 of the current school year, or after an earlier established

 

 

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1date of the current school year, then the child shall present,
2by October 15, or by the earlier established date, a schedule
3for the administration of the immunizations and a statement of
4the medical reasons causing the delay, both the schedule and
5the statement being issued by the physician, advanced practice
6registered nurse, physician assistant, registered nurse, or
7local health department that will be responsible for
8administration of the remaining required immunizations. If a
9child does not comply by October 15, or by the earlier
10established date of the current school year, with the
11requirements of this subsection, then the local school
12authority shall exclude that child from school until such time
13as the child presents proof of having had the health
14examination as required and presents proof of having received
15those required immunizations which are medically possible to
16receive immediately. During a child's exclusion from school for
17noncompliance with this subsection, the child's parents or
18legal guardian shall be considered in violation of Section 26-1
19and subject to any penalty imposed by Section 26-10. This
20subsection (5) does not apply to dental examinations, eye
21examinations, and the developmental screening and the social
22and emotional screening portions of the health examination. If
23the student is an out-of-state transfer student and does not
24have the proof required under this subsection (5) before
25October 15 of the current year or whatever date is set by the
26school district, then he or she may only attend classes (i) if

 

 

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1he or she has proof that an appointment for the required
2vaccinations has been scheduled with a party authorized to
3submit proof of the required vaccinations. If the proof of
4vaccination required under this subsection (5) is not submitted
5within 30 days after the student is permitted to attend
6classes, then the student is not to be permitted to attend
7classes until proof of the vaccinations has been properly
8submitted. No school district or employee of a school district
9shall be held liable for any injury or illness to another
10person that results from admitting an out-of-state transfer
11student to class that has an appointment scheduled pursuant to
12this subsection (5).
13    (6) Every school shall report to the State Board of
14Education by November 15, in the manner which that agency shall
15require, the number of children who have received the necessary
16immunizations and the health examination (other than a dental
17examination or eye examination) as required, indicating, of
18those who have not received the immunizations and examination
19as required, the number of children who are exempt from health
20examination and immunization requirements on religious or
21medical grounds as provided in subsection (8). On or before
22December 1 of each year, every public school district and
23registered nonpublic school shall make publicly available the
24immunization data they are required to submit to the State
25Board of Education by November 15. The immunization data made
26publicly available must be identical to the data the school

 

 

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1district or school has reported to the State Board of
2Education.
3    Every school shall report to the State Board of Education
4by June 30, in the manner that the State Board requires, the
5number of children who have received the required dental
6examination, indicating, of those who have not received the
7required dental examination, the number of children who are
8exempt from the dental examination on religious grounds as
9provided in subsection (8) of this Section and the number of
10children who have received a waiver under subsection (1.5) of
11this Section.
12    Every school shall report to the State Board of Education
13by June 30, in the manner that the State Board requires, the
14number of children who have received the required eye
15examination, indicating, of those who have not received the
16required eye examination, the number of children who are exempt
17from the eye examination as provided in subsection (8) of this
18Section, the number of children who have received a waiver
19under subsection (1.10) of this Section, and the total number
20of children in noncompliance with the eye examination
21requirement.
22    The reported information under this subsection (6) shall be
23provided to the Department of Public Health by the State Board
24of Education.
25    (7) Upon determining that the number of pupils who are
26required to be in compliance with subsection (5) of this

 

 

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1Section is below 90% of the number of pupils enrolled in the
2school district, 10% of each State aid payment made pursuant to
3Section 18-8.05 or 18-8.15 to the school district for such year
4may be withheld by the State Board of Education until the
5number of students in compliance with subsection (5) is the
6applicable specified percentage or higher.
7    (8) Children of parents or legal guardians who object to
8health, dental, or eye examinations or any part thereof, to
9immunizations, or to vision and hearing screening tests on
10religious grounds shall not be required to undergo the
11examinations, tests, or immunizations to which they so object
12if such parents or legal guardians present to the appropriate
13local school authority a signed Certificate of Religious
14Exemption detailing the grounds for objection and the specific
15immunizations, tests, or examinations to which they object. The
16grounds for objection must set forth the specific religious
17belief that conflicts with the examination, test,
18immunization, or other medical intervention. The signed
19certificate shall also reflect the parent's or legal guardian's
20understanding of the school's exclusion policies in the case of
21a vaccine-preventable disease outbreak or exposure. The
22certificate must also be signed by the authorized examining
23health care provider responsible for the performance of the
24child's health examination confirming that the provider
25provided education to the parent or legal guardian on the
26benefits of immunization and the health risks to the student

 

 

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1and to the community of the communicable diseases for which
2immunization is required in this State. However, the health
3care provider's signature on the certificate reflects only that
4education was provided and does not allow a health care
5provider grounds to determine a religious exemption. Those
6receiving immunizations required under this Code shall be
7provided with the relevant vaccine information statements that
8are required to be disseminated by the federal National
9Childhood Vaccine Injury Act of 1986, which may contain
10information on circumstances when a vaccine should not be
11administered, prior to administering a vaccine. A healthcare
12provider may consider including without limitation the
13nationally accepted recommendations from federal agencies such
14as the Advisory Committee on Immunization Practices, the
15information outlined in the relevant vaccine information
16statement, and vaccine package inserts, along with the
17healthcare provider's clinical judgment, to determine whether
18any child may be more susceptible to experiencing an adverse
19vaccine reaction than the general population, and, if so, the
20healthcare provider may exempt the child from an immunization
21or adopt an individualized immunization schedule. The
22Certificate of Religious Exemption shall be created by the
23Department of Public Health and shall be made available and
24used by parents and legal guardians by the beginning of the
252015-2016 school year. Parents or legal guardians must submit
26the Certificate of Religious Exemption to their local school

 

 

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1authority prior to entering kindergarten, sixth grade, and
2ninth grade for each child for which they are requesting an
3exemption. The religious objection stated need not be directed
4by the tenets of an established religious organization.
5However, general philosophical or moral reluctance to allow
6physical examinations, eye examinations, immunizations, vision
7and hearing screenings, or dental examinations does not provide
8a sufficient basis for an exception to statutory requirements.
9The local school authority is responsible for determining if
10the content of the Certificate of Religious Exemption
11constitutes a valid religious objection. The local school
12authority shall inform the parent or legal guardian of
13exclusion procedures, in accordance with the Department's
14rules under Part 690 of Title 77 of the Illinois Administrative
15Code, at the time the objection is presented.
16    If the physical condition of the child is such that any one
17or more of the immunizing agents should not be administered,
18the examining physician, advanced practice registered nurse,
19or physician assistant responsible for the performance of the
20health examination shall endorse that fact upon the health
21examination form.
22    Exempting a child from the health, dental, or eye
23examination does not exempt the child from participation in the
24program of physical education training provided in Sections
2527-5 through 27-7 of this Code.
26    (9) For the purposes of this Section, "nursery schools"

 

 

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1means those nursery schools operated by elementary school
2systems or secondary level school units or institutions of
3higher learning.
4(Source: P.A. 99-173, eff. 7-29-15; 99-249, eff. 8-3-15;
599-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-238, eff.
61-1-18; 100-465, eff. 8-31-17; 100-513, eff. 1-1-18; revised
79-22-17.)
 
8    (105 ILCS 5/27A-5)
9    Sec. 27A-5. Charter school; legal entity; requirements.
10    (a) A charter school shall be a public, nonsectarian,
11nonreligious, non-home based, and non-profit school. A charter
12school shall be organized and operated as a nonprofit
13corporation or other discrete, legal, nonprofit entity
14authorized under the laws of the State of Illinois.
15    (b) A charter school may be established under this Article
16by creating a new school or by converting an existing public
17school or attendance center to charter school status. Beginning
18on April 16, 2003 (the effective date of Public Act 93-3), in
19all new applications to establish a charter school in a city
20having a population exceeding 500,000, operation of the charter
21school shall be limited to one campus. The changes made to this
22Section by Public Act 93-3 do not apply to charter schools
23existing or approved on or before April 16, 2003 (the effective
24date of Public Act 93-3).
25    (b-5) In this subsection (b-5), "virtual-schooling" means

 

 

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1a cyber school where students engage in online curriculum and
2instruction via the Internet and electronic communication with
3their teachers at remote locations and with students
4participating at different times.
5    From April 1, 2013 through December 31, 2016, there is a
6moratorium on the establishment of charter schools with
7virtual-schooling components in school districts other than a
8school district organized under Article 34 of this Code. This
9moratorium does not apply to a charter school with
10virtual-schooling components existing or approved prior to
11April 1, 2013 or to the renewal of the charter of a charter
12school with virtual-schooling components already approved
13prior to April 1, 2013.
14    On or before March 1, 2014, the Commission shall submit to
15the General Assembly a report on the effect of
16virtual-schooling, including without limitation the effect on
17student performance, the costs associated with
18virtual-schooling, and issues with oversight. The report shall
19include policy recommendations for virtual-schooling.
20    (c) A charter school shall be administered and governed by
21its board of directors or other governing body in the manner
22provided in its charter. The governing body of a charter school
23shall be subject to the Freedom of Information Act and the Open
24Meetings Act.
25    (d) For purposes of this subsection (d), "non-curricular
26health and safety requirement" means any health and safety

 

 

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1requirement created by statute or rule to provide, maintain,
2preserve, or safeguard safe or healthful conditions for
3students and school personnel or to eliminate, reduce, or
4prevent threats to the health and safety of students and school
5personnel. "Non-curricular health and safety requirement" does
6not include any course of study or specialized instructional
7requirement for which the State Board has established goals and
8learning standards or which is designed primarily to impart
9knowledge and skills for students to master and apply as an
10outcome of their education.
11    A charter school shall comply with all non-curricular
12health and safety requirements applicable to public schools
13under the laws of the State of Illinois. On or before September
141, 2015, the State Board shall promulgate and post on its
15Internet website a list of non-curricular health and safety
16requirements that a charter school must meet. The list shall be
17updated annually no later than September 1. Any charter
18contract between a charter school and its authorizer must
19contain a provision that requires the charter school to follow
20the list of all non-curricular health and safety requirements
21promulgated by the State Board and any non-curricular health
22and safety requirements added by the State Board to such list
23during the term of the charter. Nothing in this subsection (d)
24precludes an authorizer from including non-curricular health
25and safety requirements in a charter school contract that are
26not contained in the list promulgated by the State Board,

 

 

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1including non-curricular health and safety requirements of the
2authorizing local school board.
3    (e) Except as otherwise provided in the School Code, a
4charter school shall not charge tuition; provided that a
5charter school may charge reasonable fees for textbooks,
6instructional materials, and student activities.
7    (f) A charter school shall be responsible for the
8management and operation of its fiscal affairs including, but
9not limited to, the preparation of its budget. An audit of each
10charter school's finances shall be conducted annually by an
11outside, independent contractor retained by the charter
12school. To ensure financial accountability for the use of
13public funds, on or before December 1 of every year of
14operation, each charter school shall submit to its authorizer
15and the State Board a copy of its audit and a copy of the Form
16990 the charter school filed that year with the federal
17Internal Revenue Service. In addition, if deemed necessary for
18proper financial oversight of the charter school, an authorizer
19may require quarterly financial statements from each charter
20school.
21    (g) A charter school shall comply with all provisions of
22this Article, the Illinois Educational Labor Relations Act, all
23federal and State laws and rules applicable to public schools
24that pertain to special education and the instruction of
25English learners, and its charter. A charter school is exempt
26from all other State laws and regulations in this Code

 

 

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1governing public schools and local school board policies;
2however, a charter school is not exempt from the following:
3        (1) Sections 10-21.9 and 34-18.5 of this Code regarding
4    criminal history records checks and checks of the Statewide
5    Sex Offender Database and Statewide Murderer and Violent
6    Offender Against Youth Database of applicants for
7    employment;
8        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
9    34-84a of this Code regarding discipline of students;
10        (3) the Local Governmental and Governmental Employees
11    Tort Immunity Act;
12        (4) Section 108.75 of the General Not For Profit
13    Corporation Act of 1986 regarding indemnification of
14    officers, directors, employees, and agents;
15        (5) the Abused and Neglected Child Reporting Act;
16        (5.5) subsection (b) of Section 10-23.12 and
17    subsection (b) of Section 34-18.6 of this Code;
18        (6) the Illinois School Student Records Act;
19        (7) Section 10-17a of this Code regarding school report
20    cards;
21        (8) the P-20 Longitudinal Education Data System Act;
22        (9) Section 27-23.7 of this Code regarding bullying
23    prevention;
24        (10) Section 2-3.162 of this Code regarding student
25    discipline reporting;
26        (11) Sections 22-80 and 27-8.1 of this Code; and

 

 

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1        (12) Sections 10-20.60 and 34-18.53 of this Code; .
2        (13) (12) Sections 10-20.63 10-20.60 and 34-18.56
3    34-18.53 of this Code; and .
4        (14) (12) Section 26-18 of this Code.
5    The change made by Public Act 96-104 to this subsection (g)
6is declaratory of existing law.
7    (h) A charter school may negotiate and contract with a
8school district, the governing body of a State college or
9university or public community college, or any other public or
10for-profit or nonprofit private entity for: (i) the use of a
11school building and grounds or any other real property or
12facilities that the charter school desires to use or convert
13for use as a charter school site, (ii) the operation and
14maintenance thereof, and (iii) the provision of any service,
15activity, or undertaking that the charter school is required to
16perform in order to carry out the terms of its charter.
17However, a charter school that is established on or after April
1816, 2003 (the effective date of Public Act 93-3) and that
19operates in a city having a population exceeding 500,000 may
20not contract with a for-profit entity to manage or operate the
21school during the period that commences on April 16, 2003 (the
22effective date of Public Act 93-3) and concludes at the end of
23the 2004-2005 school year. Except as provided in subsection (i)
24of this Section, a school district may charge a charter school
25reasonable rent for the use of the district's buildings,
26grounds, and facilities. Any services for which a charter

 

 

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1school contracts with a school district shall be provided by
2the district at cost. Any services for which a charter school
3contracts with a local school board or with the governing body
4of a State college or university or public community college
5shall be provided by the public entity at cost.
6    (i) In no event shall a charter school that is established
7by converting an existing school or attendance center to
8charter school status be required to pay rent for space that is
9deemed available, as negotiated and provided in the charter
10agreement, in school district facilities. However, all other
11costs for the operation and maintenance of school district
12facilities that are used by the charter school shall be subject
13to negotiation between the charter school and the local school
14board and shall be set forth in the charter.
15    (j) A charter school may limit student enrollment by age or
16grade level.
17    (k) If the charter school is approved by the Commission,
18then the Commission charter school is its own local education
19agency.
20(Source: P.A. 99-30, eff. 7-10-15; 99-78, eff. 7-20-15; 99-245,
21eff. 8-3-15; 99-325, eff. 8-10-15; 99-456, eff. 9-15-16;
2299-642, eff. 7-28-16; 99-927, eff. 6-1-17; 100-29, eff. 1-1-18;
23100-156, eff. 1-1-18; 100-163, eff. 1-1-18; 100-413, eff.
241-1-18; 100-468, eff. 6-1-18; revised 9-25-17.)
 
25    (105 ILCS 5/29-5)  (from Ch. 122, par. 29-5)

 

 

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1    Sec. 29-5. Reimbursement by State for transportation. Any
2school district, maintaining a school, transporting resident
3pupils to another school district's vocational program,
4offered through a joint agreement approved by the State Board
5of Education, as provided in Section 10-22.22 or transporting
6its resident pupils to a school which meets the standards for
7recognition as established by the State Board of Education
8which provides transportation meeting the standards of safety,
9comfort, convenience, efficiency and operation prescribed by
10the State Board of Education for resident pupils in
11kindergarten or any of grades 1 through 12 who: (a) reside at
12least 1 1/2 miles as measured by the customary route of travel,
13from the school attended; or (b) reside in areas where
14conditions are such that walking constitutes a hazard to the
15safety of the child when determined under Section 29-3; and (c)
16are transported to the school attended from pick-up points at
17the beginning of the school day and back again at the close of
18the school day or transported to and from their assigned
19attendance centers during the school day, shall be reimbursed
20by the State as hereinafter provided in this Section.
21    The State will pay the cost of transporting eligible pupils
22less the prior year assessed valuation in a dual school
23district maintaining secondary grades 9 to 12 inclusive times a
24qualifying rate of .05%; in elementary school districts
25maintaining grades K to 8 times a qualifying rate of .06%; and
26in unit districts maintaining grades K to 12, including

 

 

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1optional elementary unit districts and combined high school -
2unit districts, times a qualifying rate of .07%; provided that
3for optional elementary unit districts and combined high school -
4 unit districts, prior year assessed valuation for high school
5purposes, as defined in Article 11E of this Code, must be used.
6To be eligible to receive reimbursement in excess of 4/5 of the
7cost to transport eligible pupils, a school district shall have
8a Transportation Fund tax rate of at least .12%. If a school
9district does not have a .12% Transportation Fund tax rate, the
10amount of its claim in excess of 4/5 of the cost of
11transporting pupils shall be reduced by the sum arrived at by
12subtracting the Transportation Fund tax rate from .12% and
13multiplying that amount by the district's prior year equalized
14or assessed valuation, provided, that in no case shall said
15reduction result in reimbursement of less than 4/5 of the cost
16to transport eligible pupils.
17    The minimum amount to be received by a district is $16
18times the number of eligible pupils transported.
19    When calculating the reimbursement for transportation
20costs, the State Board of Education may not deduct the number
21of pupils enrolled in early education programs from the number
22of pupils eligible for reimbursement if the pupils enrolled in
23the early education programs are transported at the same time
24as other eligible pupils.
25    Any such district transporting resident pupils during the
26school day to an area vocational school or another school

 

 

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1district's vocational program more than 1 1/2 miles from the
2school attended, as provided in Sections 10-22.20a and
310-22.22, shall be reimbursed by the State for 4/5 of the cost
4of transporting eligible pupils.
5    School day means that period of time during which the pupil
6is required to be in attendance for instructional purposes.
7    If a pupil is at a location within the school district
8other than his residence for child care purposes at the time
9for transportation to school, that location may be considered
10for purposes of determining the 1 1/2 miles from the school
11attended.
12    Claims for reimbursement that include children who attend
13any school other than a public school shall show the number of
14such children transported.
15    Claims for reimbursement under this Section shall not be
16paid for the transportation of pupils for whom transportation
17costs are claimed for payment under other Sections of this Act.
18    The allowable direct cost of transporting pupils for
19regular, vocational, and special education pupil
20transportation shall be limited to the sum of the cost of
21physical examinations required for employment as a school bus
22driver; the salaries of full-time full or part-time drivers and
23school bus maintenance personnel; employee benefits excluding
24Illinois municipal retirement payments, social security
25payments, unemployment insurance payments and workers'
26compensation insurance premiums; expenditures to independent

 

 

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1carriers who operate school buses; payments to other school
2districts for pupil transportation services; pre-approved
3contractual expenditures for computerized bus scheduling;
4expenditures for housing assistance and homeless prevention
5under Sections 1-17 and 1-18 of the Education for Homeless
6Children Act that are not in excess of the school district's
7actual costs for providing transportation services and are not
8otherwise claimed in another State or federal grant that
9permits those costs to a parent, a legal guardian, any other
10person who enrolled a pupil, or a homeless assistance agency
11that is part of the federal McKinney-Vento Homeless Assistance
12Act's continuum of care for the area in which the district is
13located; the cost of gasoline, oil, tires, and other supplies
14necessary for the operation of school buses; the cost of
15converting buses' gasoline engines to more fuel efficient
16engines or to engines which use alternative energy sources; the
17cost of travel to meetings and workshops conducted by the
18regional superintendent or the State Superintendent of
19Education pursuant to the standards established by the
20Secretary of State under Section 6-106 of the Illinois Vehicle
21Code to improve the driving skills of school bus drivers; the
22cost of maintenance of school buses including parts and
23materials used; expenditures for leasing transportation
24vehicles, except interest and service charges; the cost of
25insurance and licenses for transportation vehicles;
26expenditures for the rental of transportation equipment; plus a

 

 

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1depreciation allowance of 20% for 5 years for school buses and
2vehicles approved for transporting pupils to and from school
3and a depreciation allowance of 10% for 10 years for other
4transportation equipment so used. Each school year, if a school
5district has made expenditures to the Regional Transportation
6Authority or any of its service boards, a mass transit
7district, or an urban transportation district under an
8intergovernmental agreement with the district to provide for
9the transportation of pupils and if the public transit carrier
10received direct payment for services or passes from a school
11district within its service area during the 2000-2001 school
12year, then the allowable direct cost of transporting pupils for
13regular, vocational, and special education pupil
14transportation shall also include the expenditures that the
15district has made to the public transit carrier. In addition to
16the above allowable costs school districts shall also claim all
17transportation supervisory salary costs, including Illinois
18municipal retirement payments, and all transportation related
19building and building maintenance costs without limitation.
20    Special education allowable costs shall also include
21expenditures for the salaries of attendants or aides for that
22portion of the time they assist special education pupils while
23in transit and expenditures for parents and public carriers for
24transporting special education pupils when pre-approved by the
25State Superintendent of Education.
26    Indirect costs shall be included in the reimbursement claim

 

 

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1for districts which own and operate their own school buses.
2Such indirect costs shall include administrative costs, or any
3costs attributable to transporting pupils from their
4attendance centers to another school building for
5instructional purposes. No school district which owns and
6operates its own school buses may claim reimbursement for
7indirect costs which exceed 5% of the total allowable direct
8costs for pupil transportation.
9    The State Board of Education shall prescribe uniform
10regulations for determining the above standards and shall
11prescribe forms of cost accounting and standards of determining
12reasonable depreciation. Such depreciation shall include the
13cost of equipping school buses with the safety features
14required by law or by the rules, regulations and standards
15promulgated by the State Board of Education, and the Department
16of Transportation for the safety and construction of school
17buses provided, however, any equipment cost reimbursed by the
18Department of Transportation for equipping school buses with
19such safety equipment shall be deducted from the allowable cost
20in the computation of reimbursement under this Section in the
21same percentage as the cost of the equipment is depreciated.
22    On or before August 15, annually, the chief school
23administrator for the district shall certify to the State
24Superintendent of Education the district's claim for
25reimbursement for the school year ending on June 30 next
26preceding. The State Superintendent of Education shall check

 

 

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1and approve the claims and prepare the vouchers showing the
2amounts due for district reimbursement claims. Each fiscal
3year, the State Superintendent of Education shall prepare and
4transmit the first 3 vouchers to the Comptroller on the 30th
5day of September, December and March, respectively, and the
6final voucher, no later than June 20.
7    If the amount appropriated for transportation
8reimbursement is insufficient to fund total claims for any
9fiscal year, the State Board of Education shall reduce each
10school district's allowable costs and flat grant amount
11proportionately to make total adjusted claims equal the total
12amount appropriated.
13    For purposes of calculating claims for reimbursement under
14this Section for any school year beginning July 1, 1998, or
15thereafter, the equalized assessed valuation for a school
16district used to compute reimbursement shall be computed in the
17same manner as it is computed under paragraph (2) of subsection
18(G) of Section 18-8.05.
19    All reimbursements received from the State shall be
20deposited into the district's transportation fund or into the
21fund from which the allowable expenditures were made.
22    Notwithstanding any other provision of law, any school
23district receiving a payment under this Section or under
24Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may
25classify all or a portion of the funds that it receives in a
26particular fiscal year or from general State aid pursuant to

 

 

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1Section 18-8.05 of this Code as funds received in connection
2with any funding program for which it is entitled to receive
3funds from the State in that fiscal year (including, without
4limitation, any funding program referenced in this Section),
5regardless of the source or timing of the receipt. The district
6may not classify more funds as funds received in connection
7with the funding program than the district is entitled to
8receive in that fiscal year for that program. Any
9classification by a district must be made by a resolution of
10its board of education. The resolution must identify the amount
11of any payments or general State aid to be classified under
12this paragraph and must specify the funding program to which
13the funds are to be treated as received in connection
14therewith. This resolution is controlling as to the
15classification of funds referenced therein. A certified copy of
16the resolution must be sent to the State Superintendent of
17Education. The resolution shall still take effect even though a
18copy of the resolution has not been sent to the State
19Superintendent of Education in a timely manner. No
20classification under this paragraph by a district shall affect
21the total amount or timing of money the district is entitled to
22receive under this Code. No classification under this paragraph
23by a district shall in any way relieve the district from or
24affect any requirements that otherwise would apply with respect
25to that funding program, including any accounting of funds by
26source, reporting expenditures by original source and purpose,

 

 

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1reporting requirements, or requirements of providing services.
2    Any school district with a population of not more than
3500,000 must deposit all funds received under this Article into
4the transportation fund and use those funds for the provision
5of transportation services.
6(Source: P.A. 100-332, eff. 8-25-17; 100-465, eff. 8-31-17;
7revised 9-22-17.)
 
8    (105 ILCS 5/32-7.3)  (from Ch. 122, par. 32-7.3)
9    Sec. 32-7.3. Depositaries. The governing body of any
10special charter district, when requested by the treasurer or
11custodian of the funds of the district, shall designate one or
12more banks or savings and loan associations in which the funds
13in the custody of the treasurer or custodian may be kept. A
14bank or savings and loan association designated as a depositary
15shall continue as such until 10 days have elapsed after a new
16depositary is designated and has qualified by furnishing the
17statements of resources and liabilities as is required by this
18Section. When a new depositary is designated, the board of
19education or other governing body shall notify the sureties of
20the treasurer or custodian of that fact, in writing, at least 5
21days before the transfer of funds. The treasurer or custodian
22shall be discharged from responsibility for all funds which he
23deposits in a depositary so designated while such funds are so
24deposited.
25    No bank or savings and loan association shall receive

 

 

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1public funds as permitted by this Section, unless it has
2complied with the requirements established pursuant to Section
36 of the Public Funds Investment Act "An Act relating to
4certain investments of public funds by public agencies",
5approved July 23, 1943, as now or hereafter amended.
6(Source: P.A. 83-541; revised 9-25-17.)
 
7    (105 ILCS 5/34-18.53)
8    Sec. 34-18.53. Breastfeeding accommodations for pupils.
9    (a) Each public school shall provide reasonable
10accommodations to a lactating pupil on a school campus to
11express breast milk, breastfeed an infant child, or address
12other needs related to breastfeeding. Reasonable
13accommodations under this Section include, but are not limited
14to, all of the following:
15        (1) Access to a private and secure room, other than a
16    restroom, to express breast milk or breastfeed an infant
17    child.
18        (2) Permission to bring onto a school campus a breast
19    pump and any other equipment used to express breast milk.
20        (3) Access to a power source for a breast pump or any
21    other equipment used to express breast milk.
22        (4) Access to a place to store expressed breast milk
23    safely.
24    (b) A lactating pupil on a school campus must be provided a
25reasonable amount of time to accommodate her need to express

 

 

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1breast milk or breastfeed an infant child.
2    (c) A public school shall provide the reasonable
3accommodations specified in subsections (a) and (b) of this
4Section only if there is at least one lactating pupil on the
5school campus.
6    (d) A public school may use an existing facility to meet
7the requirements specified in subsection (a) of this Section.
8    (e) A pupil may not incur an academic penalty as a result
9of her use, during the school day, of the reasonable
10accommodations specified in this Section and must be provided
11the opportunity to make up any work missed due to such use.
12    (f) In instances where a student files a complaint of
13noncompliance with the requirements of this Section, the public
14school shall implement the grievance procedure of 23 Ill. Adm.
15Code 200, including appeals procedures.
16(Source: P.A. 100-29, eff. 1-1-18.)
 
17    (105 ILCS 5/34-18.54)
18    Sec. 34-18.54 34-18.53. Implicit bias training.
19    (a) The General Assembly makes the following findings:
20        (1) implicit racial bias influences evaluations of and
21    behavior toward those who are the subject of the bias;
22        (2) understanding implicit racial bias is needed in
23    order to reduce that bias;
24        (3) marginalized students would benefit from having
25    access to educators who have worked to reduce their biases;

 

 

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1    and
2        (4) training that helps educators overcome implicit
3    racial bias has implication for classroom interactions,
4    student evaluation, and classroom engagement; it also
5    affects student academic self-concept.
6    (b) The board shall require in-service training for school
7personnel to include training to develop cultural competency,
8including understanding and reducing implicit racial bias.
9    (c) As used in this Section, "implicit racial bias" means a
10preference, positive or negative, for a racial or ethnic group
11that operates outside of awareness. This bias has 3 different
12components: affective, behavioral, and cognitive.
13(Source: P.A. 100-14, eff. 7-1-17; revised 10-21-17.)
 
14    (105 ILCS 5/34-18.55)
15    Sec. 34-18.55 34-18.53. Dual enrollment and dual credit
16notification. The board shall require the district's high
17schools to inform all 11th and 12th grade students of dual
18enrollment and dual credit opportunities at public community
19colleges for qualified students.
20(Source: P.A. 100-133, eff. 1-1-18; revised 10-21-17.)
 
21    (105 ILCS 5/34-18.56)
22    Sec. 34-18.56 34-18.53. Availability of feminine hygiene
23products.
24    (a) The General Assembly finds the following:

 

 

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1        (1) Feminine hygiene products are a health care
2    necessity and not an item that can be foregone or
3    substituted easily.
4        (2) Access to feminine hygiene products is a serious
5    and ongoing need in this State.
6        (3) When students do not have access to affordable
7    feminine hygiene products, they may miss multiple days of
8    school every month.
9        (4) When students have access to quality feminine
10    hygiene products, they are able to continue with their
11    daily lives with minimal interruption.
12    (b) In this Section:
13    "Feminine hygiene products" means tampons and sanitary
14napkins for use in connection with the menstrual cycle.
15    "School building" means any facility (i) that is owned or
16leased by the school district or over which the board has care,
17custody, and control and (ii) in which there is a public school
18serving students in grades 6 through 12.
19    (c) The school district shall make feminine hygiene
20products available, at no cost to students, in the bathrooms of
21school buildings.
22(Source: P.A. 100-163, eff. 1-1-18; revised 10-21-17.)
 
23    (105 ILCS 5/34-18.57)
24    Sec. 34-18.57 34-18.53. Booking stations on school
25grounds.

 

 

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1    (a) There shall be no student booking station established
2or maintained on the grounds of any school.
3    (b) This prohibition shall be applied to student booking
4stations only, as defined in this Section. The prohibition does
5not prohibit or affect the establishment or maintenance of any
6place operated by or under the control of law enforcement
7personnel, school resource officers, or other security
8personnel that does not also qualify as a student booking
9station as defined in paragraph (2) of subsection (d) of this
10Section. The prohibition does not affect or limit the powers
11afforded law enforcement officers to perform their duties
12within schools as otherwise prescribed by law.
13    (c) When the underlying suspected or alleged criminal act
14is an act of violence, and isolation of a student or students
15is deemed necessary to the interest of public safety, and no
16other location is adequate for secure isolation of the student
17or students, offices as described in paragraph (1) of
18subsection (d) of this Section may be employed to detain
19students for a period no longer than that required to alleviate
20that threat to public safety.
21    (d) As used in this Section, "student booking station"
22means a building, office, room, or any indefinitely established
23space or site, mobile or fixed, which operates concurrently as:
24        (1) predominantly or regularly a place of operation for
25    a municipal police department, county sheriff department,
26    or other law enforcement agency, or under the primary

 

 

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1    control thereof; and
2        (2) a site at which students are detained in connection
3    with criminal charges or allegations against those
4    students, taken into custody, or engaged with law
5    enforcement personnel in any process that creates a law
6    enforcement record of that contact with law enforcement
7    personnel or processes.
8(Source: P.A. 100-204, eff. 8-18-17; revised 10-21-17.)
 
9    (105 ILCS 5/34-18.58)
10    Sec. 34-18.58 34-18.53. School social worker. The board may
11employ school social workers who have graduated with a master's
12or higher degree in social work from an accredited graduate
13school of social work and have such additional qualifications
14as may be required by the State Board of Education and who hold
15a Professional Educator License with a school support personnel
16endorsement for school social work pursuant to Section 21B-25
17of this Code. Only persons so licensed and endorsed may use the
18title "school social worker". A school social worker may
19provide individual and group services to the general student
20population and to students with disabilities pursuant to
21Article 14 of this Code and rules set forth in 23 Ill. Adm.
22Code 226, Special Education, adopted by the State Board of
23Education and may provide support and consultation to
24administrators, teachers, and other school personnel
25consistent with their professional qualifications and the

 

 

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1provisions of this Code and other applicable laws. The school
2district may employ a sufficient number of school social
3workers to address the needs of their students and schools and
4may maintain the nationally recommended student-to-school
5social worker ratio of 250 to 1. A school social worker may not
6provide such services outside his or her employment to any
7student in the district or districts that employ the school
8social worker.
9(Source: P.A. 100-356, eff. 8-25-17; revised 10-21-17.)
 
10    (105 ILCS 5/34-18.59)
11    (This Section may contain text from a Public Act with a
12delayed effective date)
13    Sec. 34-18.59 34-18.53. School-grown produce. The school
14district may serve students produce grown and harvested by
15students in school-owned facilities utilizing hydroponics or
16aeroponics or in school-owned or community gardens if the soil
17and compost in which the produce is grown meets the standards
18adopted in 35 Ill. Adm. Code 830.503, if applicable, and the
19produce is served in accordance with the standards adopted in
2077 Ill. Adm. Code 750.
21(Source: P.A. 100-505, eff. 6-1-18; revised 10-21-17.)
 
22    Section 285. The Education for Homeless Children Act is
23amended by changing Section 1-20 as follows:
 

 

 

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1    (105 ILCS 45/1-20)
2    Sec. 1-20. Enrollment. If the parents or guardians of a
3homeless child or youth choose to enroll the child in a school
4other than the school of origin, that school immediately shall
5enroll the homeless child or youth even if the child or youth
6is unable to produce records normally required for enrollment,
7such as previous academic records, medical records, proof of
8residency, or other documentation. Nothing in this Section
9subsection shall prohibit school districts from requiring
10parents or guardians of a homeless child to submit an address
11or such other contact information as the district may require
12from parents or guardians of nonhomeless children. It shall be
13the duty of the enrolling school to immediately contact the
14school last attended by the child or youth to obtain relevant
15academic and other records. If the child or youth must obtain
16immunizations, it shall be the duty of the enrolling school to
17promptly refer the child or youth for those immunizations.
18(Source: P.A. 88-634, eff. 1-1-95; 88-686, eff. 1-24-95;
19revised 9-25-17.)
 
20    Section 290. The Public Community College Act is amended by
21changing Section 3-20.5 as follows:
 
22    (110 ILCS 805/3-20.5)  (from Ch. 122, par. 103-20.5)
23    Sec. 3-20.5. (a) The board of each community college
24district shall ascertain, as near as practicable, annually, how

 

 

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1much money must be raised by special tax for educational
2purposes and for operations and maintenance of facilities
3purposes for the next ensuing year. Such amounts shall be
4certified and returned to the county clerk on or before the
5last Tuesday in December, annually. The certificate shall be
6signed by the chairman and secretary, and may be in the
7following form:
8
CERTIFICATE OF TAX LEVY
9    We hereby certify that we require the sum of .... dollars
10to be levied as a special tax for educational purposes, and the
11sum of .... dollars to be levied as a special tax for
12operations and maintenance of facilities purposes, on the
13equalized assessed value of the taxable property of our
14district, for the year (insert year).
15    Signed on (insert date).
16    A ....  B ...., Chairman
17    C ....  D ...., Secretary
18    Community College Dist. No. ...., .... County (or Counties)
 
19    An amended certificate may be filed by the community
20college board within 10 days of receipt of official
21notification from the county clerk of the multiplier that will
22be applied to assessed value of the taxable property of the
23district, provided such multiplier will alter the amount of
24revenue received by the district from either local or State
25sources.

 

 

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1    A failure by the board to file the certificate with the
2county clerk in the time required shall not vitiate the
3assessment.
4(Source: P.A. 91-357, eff. 7-29-99; revised 11-8-17.)
 
5    Section 295. The Nursing Education Scholarship Law is
6amended by changing Section 3 as follows:
 
7    (110 ILCS 975/3)  (from Ch. 144, par. 2753)
8    Sec. 3. Definitions. The following terms, whenever used or
9referred to, have the following meanings except where the
10context clearly indicates otherwise:
11    (1) "Board" means the Board of Higher Education created by
12the Board of Higher Education Act.
13    (2) "Department" means the Illinois Department of Public
14Health.
15    (3) "Approved institution" means a public community
16college, private junior college, hospital-based diploma in
17nursing program, or public or private college or university
18with a pre-licensure nursing education program located in this
19State that has approval by the Department of Financial and
20Professional Regulation for an associate degree in nursing
21program, associate degree in applied sciences in nursing
22program, hospital-based diploma in nursing program,
23baccalaureate degree in nursing program, graduate degree in
24nursing program, or certificate in a practical nursing program

 

 

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1or a post-licensure nursing education program approved by the
2Illinois Board of Higher Education or any successor agency with
3similar authority.
4    (4) "Baccalaureate degree in nursing program" means a
5program offered by an approved institution and leading to a
6bachelor of science degree in nursing.
7    (5) "Enrollment" means the establishment and maintenance
8of an individual's status as a student in an approved
9institution, regardless of the terms used at the institution to
10describe such status.
11    (6) "Academic year" means the period of time from September
121 of one year through August 31 of the next year or as
13otherwise defined by the academic institution.
14    (7) "Associate degree in nursing program or hospital-based
15diploma in nursing program" means a program offered by an
16approved institution and leading to an associate degree in
17nursing, associate degree in applied sciences in nursing, or
18hospital-based diploma in nursing.
19    (8) "Graduate degree in nursing program" means a program
20offered by an approved institution and leading to a master of
21science degree in nursing or a doctorate of philosophy or
22doctorate of nursing degree in nursing.
23    (9) "Director" means the Director of the Illinois
24Department of Public Health.
25    (10) "Accepted for admission" means a student has completed
26the requirements for entry into an associate degree in nursing

 

 

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1program, associate degree in applied sciences in nursing
2program, hospital-based diploma in nursing program,
3baccalaureate degree in nursing program, graduate degree in
4nursing program, or certificate in practical nursing program at
5an approved institution, as documented by the institution.
6    (11) "Fees" means those mandatory charges, in addition to
7tuition, that all enrolled students must pay, including
8required course or lab fees.
9    (12) "Full-time student" means a student enrolled for at
10least 12 hours per term or as otherwise determined by the
11academic institution.
12    (13) "Law" means the Nursing Education Scholarship Law.
13    (14) "Nursing employment obligation" means employment in
14this State as a registered professional nurse, licensed
15practical nurse, or advanced practice registered nurse in
16direct patient care for at least one year for each year of
17scholarship assistance received through the Nursing Education
18Scholarship Program.
19    (15) "Part-time student" means a person who is enrolled for
20at least one-third of the number of hours required per term by
21a school for its full-time students.
22    (16) "Practical nursing program" means a program offered by
23an approved institution leading to a certificate in practical
24nursing.
25    (17) "Registered professional nurse" means a person who is
26currently licensed as a registered professional nurse by the

 

 

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1Department of Professional Regulation under the Nurse Practice
2Act.
3    (18) "Licensed practical nurse" means a person who is
4currently licensed as a licensed practical nurse by the
5Department of Professional Regulation under the Nurse Practice
6Act.
7    (19) "School term" means an academic term, such as a
8semester, quarter, trimester, or number of clock hours, as
9defined by an approved institution.
10    (20) "Student in good standing" means a student maintaining
11a cumulative grade point average equivalent to at least the
12academic grade of a "C".
13    (21) "Total and permanent disability" means a physical or
14mental impairment, disease, or loss of a permanent nature that
15prevents nursing employment with or without reasonable
16accommodation. Proof of disability shall be a declaration from
17the social security administration, Illinois Workers'
18Compensation Commission, Department of Defense, or an insurer
19authorized to transact business in Illinois who is providing
20disability insurance coverage to a contractor.
21    (22) "Tuition" means the established charges of an
22institution of higher learning for instruction at that
23institution.
24    (23) "Nurse educator" means a person who is currently
25licensed as a registered nurse by the Department of
26Professional Regulation under the Nurse Practice Act, who has a

 

 

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1graduate degree in nursing, and who is employed by an approved
2academic institution to educate registered nursing students,
3licensed practical nursing students, and registered nurses
4pursuing graduate degrees.
5    (24) "Nurse educator employment obligation" means
6employment in this State as a nurse educator for at least 2
7years for each year of scholarship assistance received under
8Section 6.5 of this Law.
9    Rulemaking authority to implement Public Act 96-805 this
10amendatory Act of the 96th General Assembly, if any, is
11conditioned on the rules being adopted in accordance with all
12provisions of the Illinois Administrative Procedure Act and all
13rules and procedures of the Joint Committee on Administrative
14Rules; any purported rule not so adopted, for whatever reason,
15is unauthorized.
16(Source: P.A. 100-183, eff. 8-18-17; 100-513, eff. 1-1-18;
17revised 9-22-17.)
 
18    Section 300. The Student Loan Servicing Rights Act is
19amended by changing Section 20-50 as follows:
 
20    (110 ILCS 992/20-50)
21    (This Section may contain text from a Public Act with a
22delayed effective date)
23    Sec. 20-50. Confidentiality.
24    (a) In order to promote more effective regulation and

 

 

HB5447 Enrolled- 1216 -LRB100 16294 AMC 31417 b

1reduce regulatory burden through supervisory information
2sharing, except as otherwise provided in federal Public Law
3110-289, Section 1512, the requirements under any federal law
4or State law regarding the privacy or confidentiality of any
5information or material provided to the Nationwide Mortgage
6Licensing System and Registry, and any privilege arising under
7federal or State law, including the rules of any federal or
8State court, with respect to such information or material,
9shall continue to apply to information or material after the
10information or material has been disclosed to the Nationwide
11Mortgage Licensing System and Registry. The information and
12material may be shared with all State and federal regulatory
13officials with student loan industry oversight authority
14without the loss of privilege or the loss of confidentiality
15protections provided by federal law or State law.
16    (b) In order to promote more effective regulation and
17reduce regulatory burden through supervisory information
18sharing, the Secretary is authorized to enter into agreements
19or sharing arrangements with other governmental agencies, the
20Conference of State Bank Supervisors or other associations
21representing governmental agencies as established by rule,
22regulation, or order of the Secretary. The sharing of
23confidential supervisory information or any information or
24material described in subsection (a) of this Section pursuant
25to an agreement or sharing arrangement shall not result in the
26loss of privilege or the loss of confidentiality protections

 

 

HB5447 Enrolled- 1217 -LRB100 16294 AMC 31417 b

1provided by federal law or State law.
2    (c) In order to promote more effective regulation and
3reduce regulatory burden through supervisory information
4sharing, information or material that is subject to a privilege
5or confidentiality under subsection (a) of this Section shall
6not be subject to the following:
7        (1) disclosure under any State law governing the
8    disclosure to the public of information held by an officer
9    or an agency of the State; or
10        (2) subpoena or discovery, or admission into evidence,
11    in any private civil action or administrative process,
12    unless with respect to any privilege held by the Nationwide
13    Mortgage Licensing System and Registry with respect to the
14    information or material, the person to whom such
15    information or material pertains waives, in whole or in
16    part, in the discretion of that person, that privilege.
17    (d) In order to promote more effective regulation and
18reduce regulatory burden through supervisory information
19sharing, any other law relating to the disclosure of
20confidential supervisory information or any information or
21material described in subsection (a) of this Section that is
22inconsistent with subsection (a) of this Section shall be
23superseded by the requirements of this Section to the extent
24the other law provides less confidentiality or a weaker
25privilege.
26(Source: P.A. 100-540, eff. 12-31-18; revised 12-14-17.)
 

 

 

HB5447 Enrolled- 1218 -LRB100 16294 AMC 31417 b

1    Section 305. The Illinois Banking Act is amended by
2changing Sections 5 and 48.3 as follows:
 
3    (205 ILCS 5/5)  (from Ch. 17, par. 311)
4    Sec. 5. General corporate powers. A bank organized under
5this Act or subject hereto shall be a body corporate and
6politic and shall, without specific mention thereof in the
7charter, have all the powers conferred by this Act and the
8following additional general corporate powers:
9        (1) To sue and be sued, complain, and defend in its
10    corporate name.
11        (2) To have a corporate seal, which may be altered at
12    pleasure, and to use the same by causing it or a facsimile
13    thereof to be impressed or affixed or in any manner
14    reproduced, provided that the affixing of a corporate seal
15    to an instrument shall not give the instrument additional
16    force or effect, or change the construction thereof, and
17    the use of a corporate seal is not mandatory.
18        (3) To make, alter, amend, and repeal bylaws, not
19    inconsistent with its charter or with law, for the
20    administration of the affairs of the bank. If this Act does
21    not provide specific guidance in matters of corporate
22    governance, the provisions of the Business Corporation Act
23    of 1983 may be used if so provided in the bylaws, and if
24    the bank is a limited liability company, the provisions of

 

 

HB5447 Enrolled- 1219 -LRB100 16294 AMC 31417 b

1    the Limited Liability Company Act shall be used.
2        (4) To elect or appoint and remove officers and agents
3    of the bank and define their duties and fix their
4    compensation.
5        (5) To adopt and operate reasonable bonus plans,
6    profit-sharing plans, stock-bonus plans, stock-option
7    plans, pension plans, and similar incentive plans for its
8    directors, officers and employees.
9        (5.1) To manage, operate, and administer a fund for the
10    investment of funds by a public agency or agencies,
11    including any unit of local government or school district,
12    or any person. The fund for a public agency shall invest in
13    the same type of investments and be subject to the same
14    limitations provided for the investment of public funds.
15    The fund for public agencies shall maintain a separate
16    ledger showing the amount of investment for each public
17    agency in the fund. "Public funds" and "public agency" as
18    used in this Section shall have the meanings ascribed to
19    them in Section 1 of the Public Funds Investment Act.
20        (6) To make reasonable donations for the public welfare
21    or for charitable, scientific, religious or educational
22    purposes.
23        (7) To borrow or incur an obligation; and to pledge its
24    assets:
25            (a) to secure its borrowings, its lease of personal
26        or real property or its other nondeposit obligations;

 

 

HB5447 Enrolled- 1220 -LRB100 16294 AMC 31417 b

1            (b) to enable it to act as agent for the sale of
2        obligations of the United States;
3            (c) to secure deposits of public money of the
4        United States, whenever required by the laws of the
5        United States, including, without being limited to,
6        revenues and funds the deposit of which is subject to
7        the control or regulation of the United States or any
8        of its officers, agents, or employees and Postal
9        Savings funds;
10            (d) to secure deposits of public money of any state
11        or of any political corporation or subdivision
12        thereof, including, without being limited to, revenues
13        and funds the deposit of which is subject to the
14        control or regulation of any state or of any political
15        corporation or subdivisions thereof or of any of their
16        officers, agents, or employees;
17            (e) to secure deposits of money whenever required
18        by the National Bankruptcy Act;
19            (f) (blank); and
20            (g) to secure trust funds commingled with the
21        bank's funds, whether deposited by the bank or an
22        affiliate of the bank, pursuant to Section 2-8 of the
23        Corporate Fiduciary Act.
24        (8) To own, possess, and carry as assets all or part of
25    the real estate necessary in or with which to do its
26    banking business, either directly or indirectly through

 

 

HB5447 Enrolled- 1221 -LRB100 16294 AMC 31417 b

1    the ownership of all or part of the capital stock, shares
2    or interests in any corporation, association, trust
3    engaged in holding any part or parts or all of the bank
4    premises, engaged in such business and in conducting a safe
5    deposit business in the premises or part of them, or
6    engaged in any activity that the bank is permitted to
7    conduct in a subsidiary pursuant to paragraph (12) of this
8    Section 5.
9        (9) To own, possess, and carry as assets other real
10    estate to which it may obtain title in the collection of
11    its debts or that was formerly used as a part of the bank
12    premises, but title to any real estate except as herein
13    permitted shall not be retained by the bank, either
14    directly or by or through a subsidiary, as permitted by
15    subsection (12) of this Section for a total period of more
16    than 10 years after acquiring title, either directly or
17    indirectly.
18        (10) To do any act, including the acquisition of stock,
19    necessary to obtain insurance of its deposits, or part
20    thereof, and any act necessary to obtain a guaranty, in
21    whole or in part, of any of its loans or investments by the
22    United States or any agency thereof, and any act necessary
23    to sell or otherwise dispose of any of its loans or
24    investments to the United States or any agency thereof, and
25    to acquire and hold membership in the Federal Reserve
26    System.

 

 

HB5447 Enrolled- 1222 -LRB100 16294 AMC 31417 b

1        (11) Notwithstanding any other provisions of this Act
2    or any other law, to do any act and to own, possess, and
3    carry as assets property of the character, including stock,
4    that is at the time authorized or permitted to national
5    banks by an Act of Congress, but subject always to the same
6    limitations and restrictions as are applicable to national
7    banks by the pertinent federal law and subject to
8    applicable provisions of the Financial Institutions
9    Insurance Sales Law.
10        (12) To own, possess, and carry as assets stock of one
11    or more corporations that is, or are, engaged in one or
12    more of the following businesses:
13            (a) holding title to and administering assets
14        acquired as a result of the collection or liquidating
15        of loans, investments, or discounts; or
16            (b) holding title to and administering personal
17        property acquired by the bank, directly or indirectly
18        through a subsidiary, for the purpose of leasing to
19        others, provided the lease or leases and the investment
20        of the bank, directly or through a subsidiary, in that
21        personal property otherwise comply with Section 35.1
22        of this Act; or
23            (c) carrying on or administering any of the
24        activities excepting the receipt of deposits or the
25        payment of checks or other orders for the payment of
26        money in which a bank may engage in carrying on its

 

 

HB5447 Enrolled- 1223 -LRB100 16294 AMC 31417 b

1        general banking business; provided, however, that
2        nothing contained in this paragraph (c) shall be deemed
3        to permit a bank organized under this Act or subject
4        hereto to do, either directly or indirectly through any
5        subsidiary, any act, including the making of any loan
6        or investment, or to own, possess, or carry as assets
7        any property that if done by or owned, possessed, or
8        carried by the State bank would be in violation of or
9        prohibited by any provision of this Act.
10        The provisions of this subsection (12) shall not apply
11    to and shall not be deemed to limit the powers of a State
12    bank with respect to the ownership, possession, and
13    carrying of stock that a State bank is permitted to own,
14    possess, or carry under this Act.
15        Any bank intending to establish a subsidiary under this
16    subsection (12) shall give written notice to the
17    Commissioner 60 days prior to the subsidiary's commencing
18    of business or, as the case may be, prior to acquiring
19    stock in a corporation that has already commenced business.
20    After receiving the notice, the Commissioner may waive or
21    reduce the balance of the 60-day 60 day notice period. The
22    Commissioner may specify the form of the notice, may
23    designate the types of subsidiaries not subject to this
24    notice requirement, and may promulgate rules and
25    regulations to administer this subsection (12).
26        (13) To accept for payment at a future date not

 

 

HB5447 Enrolled- 1224 -LRB100 16294 AMC 31417 b

1    exceeding one year from the date of acceptance, drafts
2    drawn upon it by its customers; and to issue, advise, or
3    confirm letters of credit authorizing the holders thereof
4    to draw drafts upon it or its correspondents.
5        (14) To own and lease personal property acquired by the
6    bank at the request of a prospective lessee and upon the
7    agreement of that person to lease the personal property
8    provided that the lease, the agreement with respect
9    thereto, and the amount of the investment of the bank in
10    the property comply with Section 35.1 of this Act.
11        (15)(a) To establish and maintain, in addition to the
12    main banking premises, branches offering any banking
13    services permitted at the main banking premises of a State
14    bank.
15        (b) To establish and maintain, after May 31, 1997,
16    branches in another state that may conduct any activity in
17    that state that is authorized or permitted for any bank
18    that has a banking charter issued by that state, subject to
19    the same limitations and restrictions that are applicable
20    to banks chartered by that state.
21        (16) (Blank).
22        (17) To establish and maintain terminals, as
23    authorized by the Electronic Fund Transfer Act.
24        (18) To establish and maintain temporary service
25    booths at any International Fair held in this State which
26    is approved by the United States Department of Commerce,

 

 

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1    for the duration of the international fair for the sole
2    purpose of providing a convenient place for foreign trade
3    customers at the fair to exchange their home countries'
4    currency into United States currency or the converse. This
5    power shall not be construed as establishing a new place or
6    change of location for the bank providing the service
7    booth.
8        (19) To indemnify its officers, directors, employees,
9    and agents, as authorized for corporations under Section
10    8.75 of the Business Corporation Act of 1983.
11        (20) To own, possess, and carry as assets stock of, or
12    be or become a member of, any corporation, mutual company,
13    association, trust, or other entity formed exclusively for
14    the purpose of providing directors' and officers'
15    liability and bankers' blanket bond insurance or
16    reinsurance to and for the benefit of the stockholders,
17    members, or beneficiaries, or their assets or businesses,
18    or their officers, directors, employees, or agents, and not
19    to or for the benefit of any other person or entity or the
20    public generally.
21        (21) To make debt or equity investments in corporations
22    or projects, whether for profit or not for profit, designed
23    to promote the development of the community and its
24    welfare, provided that the aggregate investment in all of
25    these corporations and in all of these projects does not
26    exceed 10% of the unimpaired capital and unimpaired surplus

 

 

HB5447 Enrolled- 1226 -LRB100 16294 AMC 31417 b

1    of the bank and provided that this limitation shall not
2    apply to creditworthy loans by the bank to those
3    corporations or projects. Upon written application to the
4    Commissioner, a bank may make an investment that would,
5    when aggregated with all other such investments, exceed 10%
6    of the unimpaired capital and unimpaired surplus of the
7    bank. The Commissioner may approve the investment if he is
8    of the opinion and finds that the proposed investment will
9    not have a material adverse effect on the safety and
10    soundness of the bank.
11        (22) To own, possess, and carry as assets the stock of
12    a corporation engaged in the ownership or operation of a
13    travel agency or to operate a travel agency as a part of
14    its business.
15        (23) With respect to affiliate facilities:
16            (a) to conduct at affiliate facilities for and on
17        behalf of another commonly owned bank, if so authorized
18        by the other bank, all transactions that the other bank
19        is authorized or permitted to perform; and
20            (b) to authorize a commonly owned bank to conduct
21        for and on behalf of it any of the transactions it is
22        authorized or permitted to perform at one or more
23        affiliate facilities.
24        Any bank intending to conduct or to authorize a
25    commonly owned bank to conduct at an affiliate facility any
26    of the transactions specified in this paragraph (23) shall

 

 

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1    give written notice to the Commissioner at least 30 days
2    before any such transaction is conducted at the affiliate
3    facility.
4        (24) To act as the agent for any fire, life, or other
5    insurance company authorized by the State of Illinois, by
6    soliciting and selling insurance and collecting premiums
7    on policies issued by such company; and to receive for
8    services so rendered such fees or commissions as may be
9    agreed upon between the bank and the insurance company for
10    which it may act as agent; provided, however, that no such
11    bank shall in any case assume or guarantee the payment of
12    any premium on insurance policies issued through its agency
13    by its principal; and provided further, that the bank shall
14    not guarantee the truth of any statement made by an assured
15    in filing his application for insurance.
16        (25) Notwithstanding any other provisions of this Act
17    or any other law, to offer any product or service that is
18    at the time authorized or permitted to any insured savings
19    association or out-of-state bank by applicable law,
20    provided that powers conferred only by this subsection
21    (25):
22            (a) shall always be subject to the same limitations
23        and restrictions that are applicable to the insured
24        savings association or out-of-state bank for the
25        product or service by such applicable law;
26            (b) shall be subject to applicable provisions of

 

 

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1        the Financial Institutions Insurance Sales Law;
2            (c) shall not include the right to own or conduct a
3        real estate brokerage business for which a license
4        would be required under the laws of this State; and
5            (d) shall not be construed to include the
6        establishment or maintenance of a branch, nor shall
7        they be construed to limit the establishment or
8        maintenance of a branch pursuant to subsection (11).
9        Not less than 30 days before engaging in any activity
10    under the authority of this subsection, a bank shall
11    provide written notice to the Commissioner of its intent to
12    engage in the activity. The notice shall indicate the
13    specific federal or state law, rule, regulation, or
14    interpretation the bank intends to use as authority to
15    engage in the activity.
16    (26) Nothing in this Section shall be construed to require
17the filing of a notice or application for approval with the
18United States Office of the Comptroller of the Currency or a
19bank supervisor of another state as a condition to the right of
20a State bank to exercise any of the powers conferred by this
21Section in this State.
22(Source: P.A. 98-44, eff. 6-28-13; 99-362, eff. 8-13-15;
23revised 10-5-17.)
 
24    (205 ILCS 5/48.3)  (from Ch. 17, par. 360.2)
25    Sec. 48.3. Disclosure of reports of examinations and

 

 

HB5447 Enrolled- 1229 -LRB100 16294 AMC 31417 b

1confidential supervisory information; limitations.
2    (a) Any report of examination, visitation, or
3investigation prepared by the Secretary under this Act, the
4Electronic Fund Transfer Act, the Corporate Fiduciary Act, the
5Illinois Bank Holding Company Act of 1957, and the Foreign
6Banking Office Act, any report of examination, visitation, or
7investigation prepared by the state regulatory authority of
8another state that examines a branch of an Illinois State bank
9in that state, any document or record prepared or obtained in
10connection with or relating to any examination, visitation, or
11investigation, and any record prepared or obtained by the
12Secretary to the extent that the record summarizes or contains
13information derived from any report, document, or record
14described in this subsection shall be deemed "confidential
15supervisory information". Confidential supervisory information
16shall not include any information or record routinely prepared
17by a bank or other financial institution and maintained in the
18ordinary course of business or any information or record that
19is required to be made publicly available pursuant to State or
20federal law or rule. Confidential supervisory information
21shall be the property of the Secretary and shall only be
22disclosed under the circumstances and for the purposes set
23forth in this Section.
24     The Secretary may disclose confidential supervisory
25information only under the following circumstances:
26        (1) The Secretary may furnish confidential supervisory

 

 

HB5447 Enrolled- 1230 -LRB100 16294 AMC 31417 b

1    information to the Board of Governors of the Federal
2    Reserve System, the federal reserve bank of the federal
3    reserve district in which the State bank is located or in
4    which the parent or other affiliate of the State bank is
5    located, any official or examiner thereof duly accredited
6    for the purpose, or any other state regulator, federal
7    regulator, or in the case of a foreign bank possessing a
8    certificate of authority pursuant to the Foreign Banking
9    Office Act or a license pursuant to the Foreign Bank
10    Representative Office Act, the bank regulator in the
11    country where the foreign bank is chartered, that the
12    Secretary determines to have an appropriate regulatory
13    interest. Nothing contained in this Act shall be construed
14    to limit the obligation of any member State bank to comply
15    with the requirements relative to examinations and reports
16    of the Federal Reserve Act and of the Board of Governors of
17    the Federal Reserve System or the federal reserve bank of
18    the federal reserve district in which the bank is located,
19    nor to limit in any way the powers of the Secretary with
20    reference to examinations and reports.
21        (2) The Secretary may furnish confidential supervisory
22    information to the United States, any agency thereof that
23    has insured a bank's deposits in whole or in part, or any
24    official or examiner thereof duly accredited for the
25    purpose. Nothing contained in this Act shall be construed
26    to limit the obligation relative to examinations and

 

 

HB5447 Enrolled- 1231 -LRB100 16294 AMC 31417 b

1    reports of any State bank, deposits in which are to any
2    extent insured by the United States, any agency thereof,
3    nor to limit in any way the powers of the Secretary with
4    reference to examination and reports of such bank.
5        (2.5) The Secretary may furnish confidential
6    supervisory information to a Federal Home Loan Bank in
7    connection with any bank that is a member of the Federal
8    Home Loan Bank or in connection with any application by the
9    bank before the Federal Home Loan Bank. The confidential
10    supervisory information shall remain the property of the
11    Secretary and may not be further disclosed without the
12    Secretary's permission.
13        (3) The Secretary may furnish confidential supervisory
14    information to the appropriate law enforcement authorities
15    when the Secretary reasonably believes a bank, which the
16    Secretary has caused to be examined, has been a victim of a
17    crime.
18        (4) The Secretary may furnish confidential supervisory
19    information relating to a bank or other financial
20    institution, which the Secretary has caused to be examined,
21    to be sent to the administrator of the Revised Uniform
22    Unclaimed Property Act.
23        (5) The Secretary may furnish confidential supervisory
24    information relating to a bank or other financial
25    institution, which the Secretary has caused to be examined,
26    relating to its performance of obligations under the

 

 

HB5447 Enrolled- 1232 -LRB100 16294 AMC 31417 b

1    Illinois Income Tax Act and the Illinois Estate and
2    Generation-Skipping Transfer Tax Act to the Illinois
3    Department of Revenue.
4        (6) The Secretary may furnish confidential supervisory
5    information relating to a bank or other financial
6    institution, which the Secretary has caused to be examined,
7    under the federal Currency and Foreign Transactions
8    Reporting Act, Title 31, United States Code, Section 1051
9    et seq.
10        (6.5) The Secretary may furnish confidential
11    supervisory information to any other agency or entity that
12    the Secretary determines to have a legitimate regulatory
13    interest.
14        (7) The Secretary may furnish confidential supervisory
15    information under any other statute that by its terms or by
16    regulations promulgated thereunder requires the disclosure
17    of financial records other than by subpoena, summons,
18    warrant, or court order.
19        (8) At the request of the affected bank or other
20    financial institution, the Secretary may furnish
21    confidential supervisory information relating to a bank or
22    other financial institution, which the Secretary has
23    caused to be examined, in connection with the obtaining of
24    insurance coverage or the pursuit of an insurance claim for
25    or on behalf of the bank or other financial institution;
26    provided that, when possible, the Secretary shall disclose

 

 

HB5447 Enrolled- 1233 -LRB100 16294 AMC 31417 b

1    only relevant information while maintaining the
2    confidentiality of financial records not relevant to such
3    insurance coverage or claim and, when appropriate, may
4    delete identifying data relating to any person or
5    individual.
6        (9) The Secretary may furnish a copy of a report of any
7    examination performed by the Secretary of the condition and
8    affairs of any electronic data processing entity to the
9    banks serviced by the electronic data processing entity.
10        (10) In addition to the foregoing circumstances, the
11    Secretary may, but is not required to, furnish confidential
12    supervisory information under the same circumstances
13    authorized for the bank or financial institution pursuant
14    to subsection (b) of this Section, except that the
15    Secretary shall provide confidential supervisory
16    information under circumstances described in paragraph (3)
17    of subsection (b) of this Section only upon the request of
18    the bank or other financial institution.
19    (b) A bank or other financial institution or its officers,
20agents, and employees may disclose confidential supervisory
21information only under the following circumstances:
22        (1) to the board of directors of the bank or other
23    financial institution, as well as the president,
24    vice-president, cashier, and other officers of the bank or
25    other financial institution to whom the board of directors
26    may delegate duties with respect to compliance with

 

 

HB5447 Enrolled- 1234 -LRB100 16294 AMC 31417 b

1    recommendations for action, and to the board of directors
2    of a bank holding company that owns at least 80% of the
3    outstanding stock of the bank or other financial
4    institution;
5        (2) to attorneys for the bank or other financial
6    institution and to a certified public accountant engaged by
7    the State bank or financial institution to perform an
8    independent audit provided that the attorney or certified
9    public accountant shall not permit the confidential
10    supervisory information to be further disseminated;
11        (3) to any person who seeks to acquire a controlling
12    interest in, or who seeks to merge with, the bank or
13    financial institution, provided that all attorneys,
14    certified public accountants, officers, agents, or
15    employees of that person shall agree to be bound to respect
16    the confidentiality of the confidential supervisory
17    information and to not further disseminate the information
18    therein contained;
19        (3.5) to a Federal Home Loan Bank of which it is a
20    member;
21        (4) (blank); or
22        (5) to the bank's insurance company in relation to an
23    insurance claim or the effort by the bank to procure
24    insurance coverage, provided that, when possible, the bank
25    shall disclose only information that is relevant to the
26    insurance claim or that is necessary to procure the

 

 

HB5447 Enrolled- 1235 -LRB100 16294 AMC 31417 b

1    insurance coverage, while maintaining the confidentiality
2    of financial information pertaining to customers. When
3    appropriate, the bank may delete identifying data relating
4    to any person.
5    The disclosure of confidential supervisory information by
6a bank or other financial institution pursuant to this
7subsection (b) and the disclosure of information to the
8Secretary or other regulatory agency in connection with any
9examination, visitation, or investigation shall not constitute
10a waiver of any legal privilege otherwise available to the bank
11or other financial institution with respect to the information.
12    (c) (1) Notwithstanding any other provision of this Act or
13any other law, confidential supervisory information shall be
14the property of the Secretary and shall be privileged from
15disclosure to any person except as provided in this Section. No
16person in possession of confidential supervisory information
17may disclose that information for any reason or under any
18circumstances not specified in this Section without the prior
19authorization of the Secretary. Any person upon whom a demand
20for production of confidential supervisory information is
21made, whether by subpoena, order, or other judicial or
22administrative process, must withhold production of the
23confidential supervisory information and must notify the
24Secretary of the demand, at which time the Secretary is
25authorized to intervene for the purpose of enforcing the
26limitations of this Section or seeking the withdrawal or

 

 

HB5447 Enrolled- 1236 -LRB100 16294 AMC 31417 b

1termination of the attempt to compel production of the
2confidential supervisory information.
3    (2) Any request for discovery or disclosure of confidential
4supervisory information, whether by subpoena, order, or other
5judicial or administrative process, shall be made to the
6Secretary, and the Secretary shall determine within 15 days
7whether to disclose the information pursuant to procedures and
8standards that the Secretary shall establish by rule. If the
9Secretary determines that such information will not be
10disclosed, the Secretary's decision shall be subject to
11judicial review under the provisions of the Administrative
12Review Law, and venue shall be in either Sangamon County or
13Cook County.
14    (3) Any court order that compels disclosure of confidential
15supervisory information may be immediately appealed by the
16Secretary, and the order shall be automatically stayed pending
17the outcome of the appeal.
18    (d) If any officer, agent, attorney, or employee of a bank
19or financial institution knowingly and willfully furnishes
20confidential supervisory information in violation of this
21Section, the Secretary may impose a civil monetary penalty up
22to $1,000 for the violation against the officer, agent,
23attorney, or employee.
24(Source: P.A. 100-22, eff 1-1-18; 100-64, eff. 8-11-17; revised
2510-5-17.)
 

 

 

HB5447 Enrolled- 1237 -LRB100 16294 AMC 31417 b

1    Section 310. The Savings Bank Act is amended by changing
2Section 9012 as follows:
 
3    (205 ILCS 205/9012)  (from Ch. 17, par. 7309-12)
4    Sec. 9012. Disclosure of reports of examinations and
5confidential supervisory information; limitations.
6    (a) Any report of examination, visitation, or
7investigation prepared by the Secretary under this Act, any
8report of examination, visitation, or investigation prepared
9by the state regulatory authority of another state that
10examines a branch of an Illinois State savings bank in that
11state, any document or record prepared or obtained in
12connection with or relating to any examination, visitation, or
13investigation, and any record prepared or obtained by the
14Secretary to the extent that the record summarizes or contains
15information derived from any report, document, or record
16described in this subsection shall be deemed confidential
17supervisory information. "Confidential supervisory
18information" shall not include any information or record
19routinely prepared by a savings bank and maintained in the
20ordinary course of business or any information or record that
21is required to be made publicly available pursuant to State or
22federal law or rule. Confidential supervisory information
23shall be the property of the Secretary and shall only be
24disclosed under the circumstances and for the purposes set
25forth in this Section.

 

 

HB5447 Enrolled- 1238 -LRB100 16294 AMC 31417 b

1    The Secretary may disclose confidential supervisory
2information only under the following circumstances:
3        (1) The Secretary may furnish confidential supervisory
4    information to federal and state depository institution
5    regulators, or any official or examiner thereof duly
6    accredited for the purpose. Nothing contained in this Act
7    shall be construed to limit the obligation of any savings
8    bank to comply with the requirements relative to
9    examinations and reports nor to limit in any way the powers
10    of the Secretary relative to examinations and reports.
11        (2) The Secretary may furnish confidential supervisory
12    information to the United States or any agency thereof that
13    to any extent has insured a savings bank's deposits, or any
14    official or examiner thereof duly accredited for the
15    purpose. Nothing contained in this Act shall be construed
16    to limit the obligation relative to examinations and
17    reports of any savings bank in which deposits are to any
18    extent insured by the United States or any agency thereof
19    nor to limit in any way the powers of the Secretary with
20    reference to examination and reports of the savings bank.
21        (2.5) The Secretary may furnish confidential
22    supervisory information to a Federal Home Loan Bank in
23    connection with any savings bank that is a member of the
24    Federal Home Loan Bank or in connection with any
25    application by the savings bank before the Federal Home
26    Loan Bank. The confidential supervisory information shall

 

 

HB5447 Enrolled- 1239 -LRB100 16294 AMC 31417 b

1    remain the property of the Secretary and may not be further
2    disclosed without the Secretary's permission.
3        (3) The Secretary may furnish confidential supervisory
4    information to the appropriate law enforcement authorities
5    when the Secretary reasonably believes a savings bank,
6    which the Secretary has caused to be examined, has been a
7    victim of a crime.
8        (4) The Secretary may furnish confidential supervisory
9    information related to a savings bank, which the Secretary
10    has caused to be examined, to the administrator of the
11    Revised Uniform Unclaimed Property Act.
12        (5) The Secretary may furnish confidential supervisory
13    information relating to a savings bank, which the Secretary
14    has caused to be examined, relating to its performance of
15    obligations under the Illinois Income Tax Act and the
16    Illinois Estate and Generation-Skipping Transfer Tax Act
17    to the Illinois Department of Revenue.
18        (6) The Secretary may furnish confidential supervisory
19    information relating to a savings bank, which the Secretary
20    has caused to be examined, under the federal Currency and
21    Foreign Transactions Reporting Act, 31 United States Code,
22    Section 1051 et seq.
23        (7) The Secretary may furnish confidential supervisory
24    information to any other agency or entity that the
25    Secretary determines to have a legitimate regulatory
26    interest.

 

 

HB5447 Enrolled- 1240 -LRB100 16294 AMC 31417 b

1        (8) The Secretary may furnish confidential supervisory
2    information as otherwise permitted or required by this Act
3    and may furnish confidential supervisory information under
4    any other statute that by its terms or by regulations
5    promulgated thereunder requires the disclosure of
6    financial records other than by subpoena, summons,
7    warrant, or court order.
8        (9) At the request of the affected savings bank, the
9    Secretary may furnish confidential supervisory information
10    relating to the savings bank, which the Secretary has
11    caused to be examined, in connection with the obtaining of
12    insurance coverage or the pursuit of an insurance claim for
13    or on behalf of the savings bank; provided that, when
14    possible, the Secretary shall disclose only relevant
15    information while maintaining the confidentiality of
16    financial records not relevant to such insurance coverage
17    or claim and, when appropriate, may delete identifying data
18    relating to any person.
19        (10) The Secretary may furnish a copy of a report of
20    any examination performed by the Secretary of the condition
21    and affairs of any electronic data processing entity to the
22    savings banks serviced by the electronic data processing
23    entity.
24        (11) In addition to the foregoing circumstances, the
25    Secretary may, but is not required to, furnish confidential
26    supervisory information under the same circumstances

 

 

HB5447 Enrolled- 1241 -LRB100 16294 AMC 31417 b

1    authorized for the savings bank pursuant to subsection (b)
2    of this Section, except that the Secretary shall provide
3    confidential supervisory information under circumstances
4    described in paragraph (3) of subsection (b) of this
5    Section only upon the request of the savings bank.
6    (b) A savings bank or its officers, agents, and employees
7may disclose confidential supervisory information only under
8the following circumstances:
9        (1) to the board of directors of the savings bank, as
10    well as the president, vice-president, cashier, and other
11    officers of the savings bank to whom the board of directors
12    may delegate duties with respect to compliance with
13    recommendations for action, and to the board of directors
14    of a savings bank holding company that owns at least 80% of
15    the outstanding stock of the savings bank or other
16    financial institution.
17        (2) to attorneys for the savings bank and to a
18    certified public accountant engaged by the savings bank to
19    perform an independent audit; provided that the attorney or
20    certified public accountant shall not permit the
21    confidential supervisory information to be further
22    disseminated.
23        (3) to any person who seeks to acquire a controlling
24    interest in, or who seeks to merge with, the savings bank;
25    provided that the person shall agree to be bound to respect
26    the confidentiality of the confidential supervisory

 

 

HB5447 Enrolled- 1242 -LRB100 16294 AMC 31417 b

1    information and to not further disseminate the information
2    other than to attorneys, certified public accountants,
3    officers, agents, or employees of that person who likewise
4    shall agree to be bound to respect the confidentiality of
5    the confidential supervisory information and to not
6    further disseminate the information.
7        (4) to the savings bank's insurance company, if the
8    supervisory information contains information that is
9    otherwise unavailable and is strictly necessary to
10    obtaining insurance coverage or pursuing an insurance
11    claim for or on behalf of the savings bank; provided that,
12    when possible, the savings bank shall disclose only
13    information that is relevant to obtaining insurance
14    coverage or pursuing an insurance claim, while maintaining
15    the confidentiality of financial information pertaining to
16    customers; and provided further that, when appropriate,
17    the savings bank may delete identifying data relating to
18    any person.
19        (5) to a Federal Home Loan Bank of which it is a
20    member.
21    The disclosure of confidential supervisory information by
22a savings bank pursuant to this subsection (b) and the
23disclosure of information to the Secretary or other regulatory
24agency in connection with any examination, visitation, or
25investigation shall not constitute a waiver of any legal
26privilege otherwise available to the savings bank with respect

 

 

HB5447 Enrolled- 1243 -LRB100 16294 AMC 31417 b

1to the information.
2    (c) (1) Notwithstanding any other provision of this Act or
3any other law, confidential supervisory information shall be
4the property of the Secretary and shall be privileged from
5disclosure to any person except as provided in this Section. No
6person in possession of confidential supervisory information
7may disclose that information for any reason or under any
8circumstances not specified in this Section without the prior
9authorization of the Secretary. Any person upon whom a demand
10for production of confidential supervisory information is
11made, whether by subpoena, order, or other judicial or
12administrative process, must withhold production of the
13confidential supervisory information and must notify the
14Secretary of the demand, at which time the Secretary is
15authorized to intervene for the purpose of enforcing the
16limitations of this Section or seeking the withdrawal or
17termination of the attempt to compel production of the
18confidential supervisory information.
19    (2) Any request for discovery or disclosure of confidential
20supervisory information, whether by subpoena, order, or other
21judicial or administrative process, shall be made to the
22Secretary, and the Secretary shall determine within 15 days
23whether to disclose the information pursuant to procedures and
24standards that the Secretary shall establish by rule. If the
25Secretary determines that such information will not be
26disclosed, the Secretary's decision shall be subject to

 

 

HB5447 Enrolled- 1244 -LRB100 16294 AMC 31417 b

1judicial review under the provisions of the Administrative
2Review Law, and venue shall be in either Sangamon County or
3Cook County.
4    (3) Any court order that compels disclosure of confidential
5supervisory information may be immediately appealed by the
6Secretary, and the order shall be automatically stayed pending
7the outcome of the appeal.
8    (d) If any officer, agent, attorney, or employee of a
9savings bank knowingly and willfully furnishes confidential
10supervisory information in violation of this Section, the
11Secretary may impose a civil monetary penalty up to $1,000 for
12the violation against the officer, agent, attorney, or
13employee.
14    (e)   Subject to the limits of this Section, the Secretary
15also may promulgate regulations to set procedures and standards
16for disclosure of the following items:
17        (1) All fixed orders and opinions made in cases of
18    appeals of the Secretary's actions.
19        (2) Statements of policy and interpretations adopted
20    by the Secretary's office, but not otherwise made public.
21        (3) Nonconfidential portions of application files,
22    including applications for new charters. The Secretary
23    shall specify by rule as to what part of the files are
24    confidential.
25        (4) Quarterly reports of income, deposits, and
26    financial condition.

 

 

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1(Source: P.A. 100-22, eff. 1-1-18; 100-64, eff. 8-11-17;
2revised 10-5-17.)
 
3    Section 315. The Corporate Fiduciary Act is amended by
4changing Section 2-1 as follows:
 
5    (205 ILCS 620/2-1)  (from Ch. 17, par. 1552-1)
6    Sec. 2-1. (a) Any corporation which has been or shall be
7incorporated under the general corporation laws of this State
8for the purpose of accepting and executing trusts, and any
9state bank, state savings and loan association, state savings
10bank, or other special corporation now or hereafter authorized
11by law to accept or execute trusts, may be appointed to act as
12a fiduciary in any capacity a natural person or corporation may
13act, and shall include, but not be limited to, acting as
14assignee or trustee by deed, and executor, guardian or trustee
15by will, custodian under the Illinois Uniform Transfers
16Transfer to Minors Act and such appointment shall be of like
17force as in case of appointment of a natural person and shall
18be designated a corporate fiduciary.
19    (b) No corporate fiduciary shall dissolve or cease its
20corporate existence without prior notice to and approval by the
21Commissioner and compliance with the requirements of Section
227-1 of this Act.
23(Source: P.A. 86-754; revised 10-5-17.)
 

 

 

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1    Section 320. The Residential Mortgage License Act of 1987
2is amended by changing Sections 3-8 and 4-10 as follows:
 
3    (205 ILCS 635/3-8)  (from Ch. 17, par. 2323-8)
4    Sec. 3-8. Discrimination and redlining prohibited. (a) It
5shall be considered discriminatory to refuse to grant loans or
6to vary the terms of loans or the application procedures for
7loans because of:
8        (i) in the case of the proposed borrower, said
9    borrower's race, color, religion, national origin, age,
10    gender or marital status; or
11        (ii) in the case of a mortgage loan, solely the
12    geographic location of the proposed security.
13(Source: P.A. 85-735; revised 11-8-17.)
 
14    (205 ILCS 635/4-10)  (from Ch. 17, par. 2324-10)
15    Sec. 4-10. Rules and regulations of the Commissioner.
16    (a) In addition to such powers as may be prescribed by this
17Act, the Commissioner is hereby authorized and empowered to
18promulgate regulations consistent with the purposes of this
19Act, including, but not limited to:
20        (1) such rules and regulations in connection with the
21    activities of licensees as may be necessary and appropriate
22    for the protection of consumers in this State;
23        (2) such rules and regulations as may be necessary and
24    appropriate to define improper or fraudulent business

 

 

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1    practices in connection with the activities of licensees in
2    making mortgage loans;
3        (3) such rules and regulations as may define the terms
4    used in this Act and as may be necessary and appropriate to
5    interpret and implement the provisions of this Act; and
6        (4) such rules and regulations as may be necessary for
7    the enforcement of this Act.
8    (b) The Commissioner is hereby authorized and empowered to
9make such specific rulings, demands, and findings as he or she
10may deem necessary for the proper conduct of the mortgage
11lending industry.
12    (c) A person or entity may make a written application to
13the Department for a written interpretation of this Act. The
14Department may then, in its sole discretion, choose to issue a
15written interpretation. To be valid, a written interpretation
16must be signed by the Secretary, or his or her designated
17Director of Financial and Professional Regulation, and the
18Department's General Counsel. A written interpretation expires
192 years after the date that it was issued.
20    (d) No provision in this Act that imposes liability or
21establishes violations shall apply to any act taken by a person
22or entity in conformity with a written interpretation of this
23Act that is in effect at the time the act is taken,
24notwithstanding whether the written interpretation is later
25amended, rescinded, or determined by judicial or other
26authority to be by invalid for any reason.

 

 

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1(Source: P.A. 95-691, eff. 6-1-08; revised 10-5-17.)
 
2    Section 325. The Nursing Home Care Act is amended by
3changing Section 3-206 as follows:
 
4    (210 ILCS 45/3-206)  (from Ch. 111 1/2, par. 4153-206)
5    Sec. 3-206. The Department shall prescribe a curriculum for
6training nursing assistants, habilitation aides, and child
7care aides.
8    (a) No person, except a volunteer who receives no
9compensation from a facility and is not included for the
10purpose of meeting any staffing requirements set forth by the
11Department, shall act as a nursing assistant, habilitation
12aide, or child care aide in a facility, nor shall any person,
13under any other title, not licensed, certified, or registered
14to render medical care by the Department of Financial and
15Professional Regulation, assist with the personal, medical, or
16nursing care of residents in a facility, unless such person
17meets the following requirements:
18        (1) Be at least 16 years of age, of temperate habits
19    and good moral character, honest, reliable and
20    trustworthy.
21        (2) Be able to speak and understand the English
22    language or a language understood by a substantial
23    percentage of the facility's residents.
24        (3) Provide evidence of employment or occupation, if

 

 

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1    any, and residence for 2 years prior to his present
2    employment.
3        (4) Have completed at least 8 years of grade school or
4    provide proof of equivalent knowledge.
5        (5) Begin a current course of training for nursing
6    assistants, habilitation aides, or child care aides,
7    approved by the Department, within 45 days of initial
8    employment in the capacity of a nursing assistant,
9    habilitation aide, or child care aide at any facility. Such
10    courses of training shall be successfully completed within
11    120 days of initial employment in the capacity of nursing
12    assistant, habilitation aide, or child care aide at a
13    facility. Nursing assistants, habilitation aides, and
14    child care aides who are enrolled in approved courses in
15    community colleges or other educational institutions on a
16    term, semester or trimester basis, shall be exempt from the
17    120-day 120 day completion time limit. The Department shall
18    adopt rules for such courses of training. These rules shall
19    include procedures for facilities to carry on an approved
20    course of training within the facility. The Department
21    shall allow an individual to satisfy the supervised
22    clinical experience requirement for placement on the
23    Health Care Worker Registry under 77 Ill. Adm. Code 300.663
24    through supervised clinical experience at an assisted
25    living establishment licensed under the Assisted Living
26    and Shared Housing Act. The Department shall adopt rules

 

 

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1    requiring that the Health Care Worker Registry include
2    information identifying where an individual on the Health
3    Care Worker Registry received his or her clinical training.
4        The Department may accept comparable training in lieu
5    of the 120-hour 120 hour course for student nurses, foreign
6    nurses, military personnel, or employees employes of the
7    Department of Human Services.
8        The facility shall develop and implement procedures,
9    which shall be approved by the Department, for an ongoing
10    review process, which shall take place within the facility,
11    for nursing assistants, habilitation aides, and child care
12    aides.
13        At the time of each regularly scheduled licensure
14    survey, or at the time of a complaint investigation, the
15    Department may require any nursing assistant, habilitation
16    aide, or child care aide to demonstrate, either through
17    written examination or action, or both, sufficient
18    knowledge in all areas of required training. If such
19    knowledge is inadequate the Department shall require the
20    nursing assistant, habilitation aide, or child care aide to
21    complete inservice training and review in the facility
22    until the nursing assistant, habilitation aide, or child
23    care aide demonstrates to the Department, either through
24    written examination or action, or both, sufficient
25    knowledge in all areas of required training.
26        (6) Be familiar with and have general skills related to

 

 

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1    resident care.
2    (a-0.5) An educational entity, other than a secondary
3school, conducting a nursing assistant, habilitation aide, or
4child care aide training program shall initiate a criminal
5history record check in accordance with the Health Care Worker
6Background Check Act prior to entry of an individual into the
7training program. A secondary school may initiate a criminal
8history record check in accordance with the Health Care Worker
9Background Check Act at any time during or after a training
10program.
11    (a-1) Nursing assistants, habilitation aides, or child
12care aides seeking to be included on the Health Care Worker
13Registry under the Health Care Worker Background Check Act on
14or after January 1, 1996 must authorize the Department of
15Public Health or its designee to request a criminal history
16record check in accordance with the Health Care Worker
17Background Check Act and submit all necessary information. An
18individual may not newly be included on the Health Care Worker
19Registry unless a criminal history record check has been
20conducted with respect to the individual.
21    (b) Persons subject to this Section shall perform their
22duties under the supervision of a licensed nurse.
23    (c) It is unlawful for any facility to employ any person in
24the capacity of nursing assistant, habilitation aide, or child
25care aide, or under any other title, not licensed by the State
26of Illinois to assist in the personal, medical, or nursing care

 

 

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1of residents in such facility unless such person has complied
2with this Section.
3    (d) Proof of compliance by each employee with the
4requirements set out in this Section shall be maintained for
5each such employee by each facility in the individual personnel
6folder of the employee. Proof of training shall be obtained
7only from the Health Care Worker Registry.
8    (e) Each facility shall obtain access to the Health Care
9Worker Registry's web application, maintain the employment and
10demographic information relating to each employee, and verify
11by the category and type of employment that each employee
12subject to this Section meets all the requirements of this
13Section.
14    (f) Any facility that is operated under Section 3-803 shall
15be exempt from the requirements of this Section.
16    (g) Each skilled nursing and intermediate care facility
17that admits persons who are diagnosed as having Alzheimer's
18disease or related dementias shall require all nursing
19assistants, habilitation aides, or child care aides, who did
20not receive 12 hours of training in the care and treatment of
21such residents during the training required under paragraph (5)
22of subsection (a), to obtain 12 hours of in-house training in
23the care and treatment of such residents. If the facility does
24not provide the training in-house, the training shall be
25obtained from other facilities, community colleges or other
26educational institutions that have a recognized course for such

 

 

HB5447 Enrolled- 1253 -LRB100 16294 AMC 31417 b

1training. The Department shall, by rule, establish a recognized
2course for such training. The Department's rules shall provide
3that such training may be conducted in-house at each facility
4subject to the requirements of this subsection, in which case
5such training shall be monitored by the Department.
6    The Department's rules shall also provide for
7circumstances and procedures whereby any person who has
8received training that meets the requirements of this
9subsection shall not be required to undergo additional training
10if he or she is transferred to or obtains employment at a
11different facility or a facility other than a long-term care
12facility but remains continuously employed for pay as a nursing
13assistant, habilitation aide, or child care aide. Individuals
14who have performed no nursing or nursing-related services for a
15period of 24 consecutive months shall be listed as "inactive"
16and as such do not meet the requirements of this Section.
17Licensed sheltered care facilities shall be exempt from the
18requirements of this Section.
19(Source: P.A. 100-297, eff. 8-24-17; 100-432, eff. 8-25-17;
20revised 1-22-18.)
 
21    Section 330. The Community-Integrated Living Arrangements
22Licensure and Certification Act is amended by changing Section
234 as follows:
 
24    (210 ILCS 135/4)  (from Ch. 91 1/2, par. 1704)

 

 

HB5447 Enrolled- 1254 -LRB100 16294 AMC 31417 b

1    Sec. 4. (a) Any community mental health or developmental
2services agency who wishes to develop and support a variety of
3community-integrated living arrangements may do so pursuant to
4a license issued by the Department under this Act. However,
5programs established under or otherwise subject to the Child
6Care Act of 1969, the Nursing Home Care Act, the Specialized
7Mental Health Rehabilitation Act of 2013, the ID/DD Community
8Care Act, or the MC/DD Act, as now or hereafter amended, shall
9remain subject thereto, and this Act shall not be construed to
10limit the application of those Acts.
11    (b) The system of licensure established under this Act
12shall be for the purposes of:
13        (1) ensuring Insuring that all recipients residing in
14    community-integrated living arrangements are receiving
15    appropriate community-based services, including treatment,
16    training and habilitation or rehabilitation;
17        (2) ensuring Insuring that recipients' rights are
18    protected and that all programs provided to and placements
19    arranged for recipients comply with this Act, the Mental
20    Health and Developmental Disabilities Code, and applicable
21    Department rules and regulations;
22        (3) maintaining Maintaining the integrity of
23    communities by requiring regular monitoring and inspection
24    of placements and other services provided in
25    community-integrated living arrangements.
26    The licensure system shall be administered by a quality

 

 

HB5447 Enrolled- 1255 -LRB100 16294 AMC 31417 b

1assurance unit within the Department which shall be
2administratively independent of units responsible for funding
3of agencies or community services.
4    (c) As a condition of being licensed by the Department as a
5community mental health or developmental services agency under
6this Act, the agency shall certify to the Department that:
7        (1) all All recipients residing in
8    community-integrated living arrangements are receiving
9    appropriate community-based services, including treatment,
10    training and habilitation or rehabilitation;
11        (2) all All programs provided to and placements
12    arranged for recipients are supervised by the agency; and
13        (3) all All programs provided to and placements
14    arranged for recipients comply with this Act, the Mental
15    Health and Developmental Disabilities Code, and applicable
16    Department rules and regulations.
17    (d) An applicant for licensure as a community mental health
18or developmental services agency under this Act shall submit an
19application pursuant to the application process established by
20the Department by rule and shall pay an application fee in an
21amount established by the Department, which amount shall not be
22more than $200.
23    (e) If an applicant meets the requirements established by
24the Department to be licensed as a community mental health or
25developmental services agency under this Act, after payment of
26the licensing fee, the Department shall issue a license valid

 

 

HB5447 Enrolled- 1256 -LRB100 16294 AMC 31417 b

1for 3 years from the date thereof unless suspended or revoked
2by the Department or voluntarily surrendered by the agency.
3    (f) Upon application to the Department, the Department may
4issue a temporary permit to an applicant for up to a 2-year
5period to allow the holder of such permit reasonable time to
6become eligible for a license under this Act.
7    (g)(1) The Department may conduct site visits to an agency
8licensed under this Act, or to any program or placement
9certified by the agency, and inspect the records or premises,
10or both, of such agency, program or placement as it deems
11appropriate, for the purpose of determining compliance with
12this Act, the Mental Health and Developmental Disabilities
13Code, and applicable Department rules and regulations. The
14Department shall conduct inspections of the records and
15premises of each community-integrated living arrangement
16certified under this Act at least once every 2 years.
17    (2) If the Department determines that an agency licensed
18under this Act is not in compliance with this Act or the rules
19and regulations promulgated under this Act, the Department
20shall serve a notice of violation upon the licensee. Each
21notice of violation shall be prepared in writing and shall
22specify the nature of the violation, the statutory provision or
23rule alleged to have been violated, and that the licensee
24submit a plan of correction to the Department if required. The
25notice shall also inform the licensee of any other action which
26the Department might take pursuant to this Act and of the right

 

 

HB5447 Enrolled- 1257 -LRB100 16294 AMC 31417 b

1to a hearing.
2    (g-5) As determined by the Department, a disproportionate
3number or percentage of licensure complaints; a
4disproportionate number or percentage of substantiated cases
5of abuse, neglect, or exploitation involving an agency; an
6apparent unnatural death of an individual served by an agency;
7any egregious or life-threatening abuse or neglect within an
8agency; or any other significant event as determined by the
9Department shall initiate a review of the agency's license by
10the Department, as well as a review of its service agreement
11for funding. The Department shall adopt rules to establish the
12process by which the determination to initiate a review shall
13be made and the timeframe to initiate a review upon the making
14of such determination.
15    (h) Upon the expiration of any license issued under this
16Act, a license renewal application shall be required of and a
17license renewal fee in an amount established by the Department
18shall be charged to a community mental health or developmental
19services agency, provided that such fee shall not be more than
20$200.
21    (i) A public or private agency, association, partnership,
22corporation, or organization that has had a license revoked
23under subsection (b) of Section 6 of this Act may not apply for
24or possess a license under a different name.
25(Source: P.A. 99-180, eff. 7-29-15; 100-58, eff. 8-11-17;
26100-313, eff. 8-24-17; revised 9-28-17.)
 

 

 

HB5447 Enrolled- 1258 -LRB100 16294 AMC 31417 b

1    Section 335. The Illinois Insurance Code is amended by
2changing Sections 15, 17, 21, 25, 27.1, 86, 123C-18, 155.57,
3400.1, 429, 469, 512.63, 531.03, and 1563 and by setting forth,
4renumbering, and changing multiple versions of Section 356z.25
5as follows:
 
6    (215 ILCS 5/15)  (from Ch. 73, par. 627)
7    (Section scheduled to be repealed on January 1, 2027)
8    Sec. 15. Documents to be delivered to Director by
9incorporators. Upon the execution of the articles of
10incorporation, there shall be delivered to the Director:
11        (a) duplicate originals of the articles of
12    incorporation;
13        (b) a copy of the by-laws adopted by the incorporators;
14        (c) the form of subscription agreement to be used by
15    the company;
16        (d) 2 two organization bonds or the cash or securities
17    provided for in Section 16; and
18        (e) the form of escrow agreement for the deposit of
19    cash or securities.
20(Source: P.A. 84-502; revised 10-5-17.)
 
21    (215 ILCS 5/17)  (from Ch. 73, par. 629)
22    (Section scheduled to be repealed on January 1, 2027)
23    Sec. 17. Publication of intention.

 

 

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1    (1) Upon complying with the provisions of Section 15, the
2incorporators shall cause to be published in a newspaper of
3general circulation in this State, in the county where the
4principal office of the company is to be located, once each
5week for 3 three consecutive weeks, a notice setting forth:
6        (a) their intent to form the company and the proposed
7    name thereof;
8        (b) the class or classes of insurance business in which
9    the company proposes to engage; and
10        (c) the address where its principal office shall be
11    located.
12    (2) Proof of such publication made by a certificate of the
13publisher or his agent shall be delivered to the Director.
14(Source: Laws 1937, p. 696; revised 10-5-17.)
 
15    (215 ILCS 5/21)  (from Ch. 73, par. 633)
16    (Section scheduled to be repealed on January 1, 2027)
17    Sec. 21. Subscription agreement.
18    (1) The company and each subscriber shall enter into an
19agreement for the subscription to the shares of the company and
20such agreement shall also constitute an agreement between the
21several subscribers. It shall state:
22        (a) the price of the shares, terms, time, and medium of
23    payment therefor;
24        (b) the part of the price that may be used for
25    commission, promotion, organization, and other expenses;

 

 

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1        (c) the name of the bank or trust company in this State
2    in which the funds or securities are to be deposited
3    pending the completion of the organization of the company;
4    and
5        (d) that the total cash or securities received in
6    payment will be returned to the subscribers who have made
7    such payments in the event the organization of the company
8    is not completed.
9    (2) Subscriptions to shares shall be irrevocable unless
10subscribers representing 50% fifty per centum or more of the
11amount subscribed consent to the revocation.
12    (3) Any subscription agreement may provide for payment in
13installments but in the case of subscriptions prior to the
14issuance of a certificate of authority to the company, such
15installments shall not extend beyond 2 two years from the date
16of the permit of the Director authorizing the solicitation of
17subscriptions.
18(Source: Laws 1961, p. 3735; revised 10-5-17.)
 
19    (215 ILCS 5/25)  (from Ch. 73, par. 637)
20    (Section scheduled to be repealed on January 1, 2027)
21    Sec. 25. Voluntary surrender of the articles of
22incorporation. At any time prior to the issuance of the
23certificate of authority to the company the articles of
24incorporation may be voluntarily surrendered and the company
25dissolved by written agreement filed with the Director, signed

 

 

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1by a majority of the incorporators, and by subscribers
2representing at least two-thirds of the shares subscribed. Such
3surrender and dissolution shall become effective only upon the
4approval thereof by the Director. The Director shall approve
5the surrender of such articles of incorporation if upon
6investigation he shall find that:
7        (a) no insurance business has been transacted by the
8    company; .
9        (b) all sums of money or securities, if any, collected
10    upon subscriptions, have been returned to the subscribers;
11    and
12        (c) all obligations of the company have been paid or
13    discharged.
14(Source: Laws 1961, p. 3735; revised 10-5-17.)
 
15    (215 ILCS 5/27.1)  (from Ch. 73, par. 639.1)
16    (Section scheduled to be repealed on January 1, 2027)
17    Sec. 27.1. Treasury shares.) "Treasury shares" means (a)
18shares of a company which have been issued, have been
19subsequently acquired by and belong to the company, and have
20not, either by reason of the acquisition or thereafter, been
21cancelled or restored to the status of authorized but unissued
22shares and (b) shares declared and paid as a share dividend on
23the shares referred to in clause (a) or this clause (b) of this
24Section. Treasury shares shall be deemed to be "issued" shares
25but not outstanding shares and shall not be voted. Shares

 

 

HB5447 Enrolled- 1262 -LRB100 16294 AMC 31417 b

1converted into or exchanged for other shares of the company
2shall not be deemed to be treasury shares.
3(Source: P.A. 84-502; revised 10-5-17.)
 
4    (215 ILCS 5/86)  (from Ch. 73, par. 698)
5    (Section scheduled to be repealed on January 1, 2027)
6    Sec. 86. Scope of Article.
7    (1) This Article applies to all groups including
8incorporated and individual unincorporated underwriters
9transacting an insurance business in this State through an
10attorney-in-fact under the name Lloyds or under a Lloyds plan
11of operation. Groups that meet the requirements of subsection
12(3) are referred to in this Code as "Lloyds", and incorporated
13and individual unincorporated underwriters are referred to as
14"underwriters".
15    (2) As used in this Code:
16    "Domestic Lloyds" means a Lloyds having its home office in
17this State. ;
18    "Foreign Lloyds" means a Lloyds having its home office in
19any state of the United States other than this State. ; and
20    "Alien Lloyds" means a Lloyds having its home office or
21principal place of business in any country other than the
22United States.
23    (3) A domestic Lloyds must: (i) be established pursuant to
24a statute or written charter; (ii) provide for governance by a
25board of directors or similar body; and (iii) establish and

 

 

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1monitor standards of solvency of its underwriters. A foreign or
2alien Lloyds must be subject to requirements of its state or
3country of domicile. Those requirements must be substantially
4similar to those required of domestic Lloyds. Domestic,
5foreign, and alien Lloyds shall not be subject to Section 144
6of this Code.
7    (4) All foreign and alien entities and individuals
8transacting an insurance business as domestic, foreign, or
9alien Lloyds shall notify the Director and the Secretary of
10State under the provisions of this Article, shall be regulated
11exclusively by the Director, and shall not be required to
12obtain a certificate of authority from the Secretary of State
13pursuant to any other law of this State so long as they solely
14transact business as a domestic, foreign, or alien Lloyds. Upon
15notification, the Secretary of State may require submission of
16additional information to determine whether a foreign or alien
17individual or entity is transacting business solely as a
18domestic, foreign, or alien Lloyds.
19(Source: P.A. 90-794, eff. 8-14-98; 91-593, eff. 8-14-99;
20revised 10-5-17.)
 
21    (215 ILCS 5/123C-18)  (from Ch. 73, par. 735C-18)
22    (Section scheduled to be repealed on January 1, 2027)
23    Sec. 123C-18. Additional powers, rights, and obligations.
24In addition to the powers and duties set forth in the other
25provisions of this Article VIIC and to the extent not

 

 

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1inconsistent with the provisions of this Article VIIC:
2        A. The provisions of Article XXVI, subsection E of
3    Section 123B-3, subsection A of Section 123B-4, subsection
4    A of Section 123B-8, and Sections 2.1, 131.4 through
5    131.12, 131.20, 131.20a(2)( , except as otherwise provided
6    by subsection B of Section 123C-12) Section 123C-12B,
7    131.22, 133, 141.1, 141.2, 144.1, 144.2, 147, 148, 149,
8    154.5, 154.6, 154.7, 154.8, 155, 186.1, 186.2, 401, 401.1,
9    402, 403, 403A, 407, 407.1, 407.2, 4l2, 415 and subsections
10    (1) and (3) of Section 441 shall apply to captive insurance
11    companies and all those having dealings therewith.
12        B. The provisions of subsection (2) of Section 9,
13    Section 11, subsection (2) of Section 12, and Sections
14    27.1, 28, 28.2, 28.2a, 29, 30, 31, 32, 33, 34, and 35 shall
15    apply to stock captive insurance companies and all those
16    having dealings therewith.
17        C. The provisions of subsection (2) of Section 39,
18    Section 41, subsections (1) and (2) of Section 42, and
19    Sections 54, 55, 56, 57, 58, 59, and 60 shall apply to
20    mutual captive insurance companies and all those having
21    dealings therewith.
22        D. The Director and each captive insurance company and
23    all those having dealings therewith shall have the
24    authorities, powers, rights, duties and obligations set
25    forth in Section 144 (excluding paragraph (f) of subsection
26    (4) of Section 144); provided, however, that:

 

 

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1            (i) subsection (1) of Section 144 shall not apply
2        to pure captive insurance companies; and
3            (ii) the Director may exempt any association
4        captive insurance company and any industrial insured
5        captive insurance company from the requirements of
6        subsection (1) of Section 144, on terms and conditions
7        established by the Director, upon a showing by any such
8        captive insurance company and a determination by the
9        Director that the limitations of subsection (1) of
10        Section 144 are not necessary to protect the interests
11        of policyholders in light of such captive insurance
12        company's financial condition and the nature of the
13        risks insured by such company.
14        E. Nothing in this Article or Code shall be deemed to
15    prohibit the by-laws of a captive insurance company from
16    providing for the allocation of underwriting or investment
17    income or loss to the respective accounts of its members,
18    or to prohibit a captive insurance company, if its by-laws
19    so provide and the requirements of this Article are
20    otherwise met, from distributing to a withdrawing member,
21    whether by way of ordinary or liquidating distributions and
22    whether the withdrawal of such member is voluntary or
23    otherwise, on terms and conditions set forth in the
24    by-laws, that member's share of the company's surplus, as
25    well as that portion of the underwriting and investment
26    income allocated to such withdrawing member for the period

 

 

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1    that such withdrawing member was a member of the mutual
2    company; provided that (i) no such distribution may be made
3    except out of earned, as distinguished from contributed,
4    surplus, (ii) no such distribution shall be made if the
5    surplus of the captive insurance company is less than the
6    original surplus required for the kind or kinds of business
7    authorized to be transacted by such company, or if the
8    payment of such distribution would reduce its surplus to
9    less than the minimum, and (iii) no such distribution shall
10    be made without the approval of the Director if such
11    distribution, together with other such distributions made
12    within the period of 12 consecutive months ending on the
13    date on which the proposed distribution is scheduled for
14    payment or distribution, exceeds the greater of: (i) 10% of
15    the company's surplus as regards policyholders as of the
16    31st day of December next preceding, or (ii) the net income
17    of the company for the 12-month 12 month period ending the
18    31st day of December next preceding. For the purposes of
19    this subsection, net income includes net realized capital
20    gains in an amount not to exceed 20% of net unrealized
21    capital gains. The right of a member of a captive insurance
22    company to receive distributions under this Section shall
23    be included within the provisions of paragraph (i) of
24    subsection (1) of Section 205 in the event of liquidation
25    or dissolution of such captive insurance company.
26(Source: P.A. 88-297; 89-206, eff. 7-21-95; revised 10-5-17.)
 

 

 

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1    (215 ILCS 5/155.57)  (from Ch. 73, par. 767.57)
2    Sec. 155.57. Filing, approval, and withdrawal of forms.)
3    (a) All policies, certificates of insurance, notices of
4proposed insurance, applications for insurance, endorsements,
5and riders delivered or issued for delivery in this State and
6the schedules of premium rates pertaining thereto shall be
7filed with the Director.
8    (b) The Director shall within a reasonable time after the
9filing of any such policies, certificates of insurance, notices
10of proposed insurance, applications for insurance,
11endorsements, and riders, disapprove any such form if the
12benefits provided therein are not reasonable in relation to the
13premium charge, or if it contains provisions which are unjust,
14unfair, inequitable, misleading, deceptive, or encourage
15misrepresentation of the coverage, or are contrary to any
16provision of this the Insurance Code or of any rule or
17regulation promulgated thereunder.
18    (c) If the Director notifies the insurer that the form is
19disapproved, it is unlawful thereafter for such insurer to
20issue or use such form. In such notice, the Director shall
21specify the reason for his disapproval and state that a hearing
22will be granted within 20 days after request in writing by the
23insurer. No such policy, certificate of insurance, notice of
24proposed insurance, nor any application, endorsement of rider,
25shall be issued or used until after it has been so filed and

 

 

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1the Director has given his prior written approval thereto.
2    (d) The Director may at any time, after giving not less
3than 20 days prior written notice to the insurer, withdraw his
4approval of any such form on any ground set forth in subsection
5(b) above. The written notice of withdrawal shall state the
6reason for the action. The insurer may request a hearing within
710 days after receipt of the notice of withdrawal by giving the
8Director written notice of such request, together with a
9statement of its objections. The Director must then conduct a
10hearing in accordance with Sections 402 and 403. The withdrawal
11shall be stayed pending the issuance of the Director's orders
12following the hearing.
13    However, if it appears to the Director that the continued
14use of any such policy, certificate of insurance, notice of
15proposed insurance, application for insurance, endorsement, or
16rider by an insurer is hazardous to its policyholders or the
17public, the Director may take such action as is prescribed by
18Section 401.1.
19    (e) It is not lawful for the insurer to issue such forms or
20use them after the effective date of such withdrawal.
21    (f) If a group policy of credit life insurance or credit
22accident and health insurance has been or is delivered in
23another state State before or after October 1, 1975 (the
24effective date of Public Act 79-930) this amendatory Act of
251975, the insurer shall be required to file only the group
26certificate and notice of proposed insurance delivered or

 

 

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1issued for delivery in this State as specified in subsections
2(b) and (d) of Section 155.57 of this Article and such forms
3shall be approved by the Director if they conform with the
4requirements so specified in said subsections and if the
5schedules of premium rates applicable to the insurance
6evidenced by such certificate or notice are not in excess of
7the insurer's schedules of premium rates filed with the
8Director; provided, however, the premium rate in effect on
9existing group policies may be continued until the first policy
10anniversary date following October 1, 1975 (the effective date
11of Public Act 79-930) this amendatory Act of 1975.
12    (g) Any order or final determination of the Director under
13the provisions of this Section section shall be subject to
14judicial review.
15(Source: P.A. 79-930; revised 10-5-17.)
 
16    (215 ILCS 5/356z.25)
17    Sec. 356z.25. Coverage for treatment of pediatric
18autoimmune neuropsychiatric disorders associated with
19streptococcal infections and pediatric acute onset
20neuropsychiatric syndrome. A group or individual policy of
21accident and health insurance or managed care plan that is
22amended, delivered, issued, or renewed after July 18, 2017 (the
23effective date of Public Act 100-24) this amendatory Act of the
24100th General Assembly shall provide coverage for treatment of
25pediatric autoimmune neuropsychiatric disorders associated

 

 

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1with streptococcal infections and pediatric acute-onset
2neuropsychiatric syndrome, including, but not limited to, the
3use of intravenous immunoglobulin therapy.
4    If, at any time, the Secretary of the United States
5Department of Health and Human Services, or its successor
6agency, promulgates rules or regulations to be published in the
7Federal Register or publishes a comment in the Federal Register
8or issues an opinion, guidance, or other action that would
9require the State, pursuant to any provision of the Patient
10Protection and Affordable Care Act (Public Law 111-148),
11including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any
12successor provision, to defray the cost of any coverage for
13pediatric autoimmune neuropsychiatric disorders associated
14with streptococcal infections and pediatric acute onset
15neuropsychiatric syndrome outlined in this Section, then the
16requirement that an insurer cover pediatric autoimmune
17neuropsychiatric disorders associated with streptococcal
18infections and pediatric acute onset neuropsychiatric syndrome
19is inoperative other than any such coverage authorized under
20Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and
21the State shall not assume any obligation for the cost of
22coverage for pediatric autoimmune neuropsychiatric disorders
23associated with streptococcal infections and pediatric acute
24onset neuropsychiatric syndrome.
25(Source: P.A. 100-24, eff. 7-18-17; revised 9-15-17.)
 

 

 

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1    (215 ILCS 5/356z.26)
2    Sec. 356z.26 356z.25. Synchronization.
3    (a) As used in this Section, "synchronization" means the
4coordination of medication refills for a patient taking 2 or
5more medications for one or more chronic conditions such that
6the patient's medications are refilled on the same schedule for
7a given time period.
8    (b) Every policy of health and accident insurance amended,
9delivered, issued, or renewed after August 18, 2017 (the
10effective date of Public Act 100-138) this amendatory Act of
11the 100th General Assembly that provides coverage for
12prescription drugs shall provide for synchronization of
13prescription drug refills on at least one occasion per insured
14per year, provided all of the following conditions are met:
15        (1) the prescription drugs are covered by the policy's
16    clinical coverage policy or have been approved by a
17    formulary exceptions process;
18        (2) the prescription drugs are maintenance medications
19    as defined by the policy and have available refill
20    quantities at the time of synchronization;
21        (3) the medications are not Schedule II, III, or IV
22    controlled substances;
23        (4) the insured meets all utilization management
24    criteria specific to the prescription drugs at the time of
25    synchronization;
26        (5) the prescription drugs are of a formulation that

 

 

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1    can be safely split into short-fill periods to achieve
2    synchronization; and
3        (6) the prescription drugs do not have special handling
4    or sourcing needs as determined by the policy, contract, or
5    agreement that require a single, designated pharmacy to
6    fill or refill the prescription.
7    (c) When necessary to permit synchronization, the policy
8shall apply a prorated daily cost-sharing rate to any
9medication dispensed by a network pharmacy pursuant to this
10Section. No dispensing fees shall be prorated, and all
11dispensing fees shall be based on the number of prescriptions
12filled or refilled.
13(Source: P.A. 100-138, eff. 8-18-17; revised 9-15-17.)
 
14    (215 ILCS 5/356z.27)
15    Sec. 356z.27 356z.25. Preexisting condition exclusion. No
16policy of individual or group accident and health insurance
17issued, amended, delivered, or renewed on or after January 1,
182018 (the effective date of Public Act 100-386) this amendatory
19Act of the 100th General Assembly may impose any preexisting
20condition exclusion, as defined in the Illinois Health
21Insurance Portability and Accountability Act, with respect to
22such plan or coverage.
23(Source: P.A. 100-386, eff. 1-1-18; revised 9-15-17.)
 
24    (215 ILCS 5/356z.28)

 

 

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1    Sec. 356z.28 356z.25. Dry needling by a physical therapist.
2A group or individual policy of accident and health insurance
3or a qualified health plan offered through the health insurance
4market place is not required to provide coverage for dry
5needling performed by a physical therapist as described in
6Section 1.5 of the Illinois Physical Therapy Act.
7(Source: P.A. 100-418, eff. 8-25-17; revised 9-15-17.)
 
8    (215 ILCS 5/400.1)  (from Ch. 73, par. 1012.1)
9    Sec. 400.1. Group or for master policy-certificate inland
10marine insurance authorized.
11    (1) Any insurance company authorized to write inland marine
12insurance in this State may issue group or master
13policy-certificate inland marine policies which may include
14coverages incidental or supplemental to the inland marine
15policy, if the insurer is authorized to write the class of
16coverage which is incidental or supplemental. No policy,
17certificate of insurance, memorandum of insurance, application
18for insurance, endorsement or rider, may be issued for delivery
19in this State unless a copy of the form thereof shall have been
20filed with the Director of Insurance and approved, or unless
21exempted from filing by such rules and regulations as may be
22promulgated by the Director.
23    (2) The Director shall within 90 days after the filing of
24such forms disapprove any such form if the benefits provided
25therein are not reasonable in relation to the premium charged,

 

 

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1or if it contains provisions that are unjust, unfair,
2inequitable, misleading, deceptive, or encourage
3misrepresentation of the coverage, or are contrary to any
4provision of this the Insurance Code, or any rule or regulation
5promulgated thereunder. The Director may, upon written notice
6within such waiting period to the company which made the
7filing, extend such waiting period for an additional 30 days. A
8filing shall be deemed to meet the requirements of this Section
9unless disapproved by the Director within the waiting period or
10the extension thereof.
11    (3) If the Director notifies the insurer that the form is
12disapproved, the insurer shall not issue or use such form. In
13such notice the Director shall specify the reason for his
14disapproval. The company may request a hearing on such
15disapproval within 30 days after receipt of such disapproval.
16The Director shall grant a hearing subsequent to the receipt of
17such request.
18    (4) The Director may, at any time after a hearing held not
19less than 20 days after written notice to the insurer, withdraw
20his approval of any such form on any ground set forth in
21subsection (2) above. The written notice of such hearing shall
22state the reason for the proposed withdrawal.
23    (5) It is not lawful for the insurer to issue such forms or
24use them after the effective date of such withdrawal.
25    (6) The Director may at any time require the filing of the
26schedules of premium rates used or to be used in connection

 

 

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1with the specific policy filings required.
2    (7) The Director shall promulgate such rules and
3regulations as he may deem necessary to provide for the filing
4and review of premium rates schedules, and for the disapproval
5of those he may deem to be inadequate, excessive or unfairly
6discriminatory.
7    (8) Any order or final determination of the Director under
8the provisions of this Section shall be subject to judicial
9review.
10(Source: P.A. 79-931; revised 10-5-17.)
 
11    (215 ILCS 5/429)  (from Ch. 73, par. 1036)
12    Sec. 429. Procedure as to unfair methods of competition and
13unfair or deceptive acts or practices which are not defined.
14    (1) Whenever the Director shall have reason to believe (a)
15that any person engaged in the business of insurance is
16engaging in this State in any method of competition or in any
17act or practice in the conduct of such business which is not
18defined in Section 424, as an unfair method of competition or
19an unfair or deceptive act or practice or that any person
20domiciled in or resident of this State engaged in the business
21of insurance is engaging in any other state, territory,
22province, possession, country, or district in which he or she
23is not licensed or otherwise authorized to transact business in
24any method of competition or in any act or practice in the
25conduct of such business which is not defined in Section 424,

 

 

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1as an unfair method of competition or an unfair or deceptive
2act or practice, and (b) that such method of competition is
3unfair or that such act or practice is unfair or deceptive, or
4(c) that such unfair method of competition or such unfair or
5deceptive act or practice violates any of the provisions of
6this the Insurance Code or any other law of this State, or (d)
7that a proceeding by him or her in respect thereto would be to
8the interest of the public, he or she may issue and serve upon
9such person a statement of the charges in that respect and a
10notice of a hearing thereon to be held at a time and place
11fixed in the notice, which shall not be less than 10 days after
12the date of the service thereof. Each such hearing shall be
13conducted in the same manner as the hearings provided for in
14Section 426. The Director shall, after such hearing, make a
15report in writing in which he or she shall state his or her
16findings as to the facts, and he or she shall serve a copy
17thereof upon such person.
18    (2) If such report charges a violation of this Article and
19if such method of competition, act, or practice has not been
20discontinued, the Director may, through the Attorney General of
21this State, at any time after the service of such report cause
22a complaint to be filed in the Circuit Court of Sangamon County
23or in the Circuit Court of this State within the county wherein
24the person resides or has his principal place of business, to
25enjoin and restrain such person from engaging in such method,
26act, or practice. The court shall have jurisdiction of the

 

 

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1proceeding and shall have power to make and enter appropriate
2orders in connection therewith and to enter such orders as are
3ancillary to its jurisdiction or are necessary in its judgment
4to prevent injury to the public pendente lite.
5    (3) A transcript of the proceedings before the Director
6including all evidence taken and the report and findings shall
7be filed with such complaint. If either party shall apply to
8the court for leave to adduce additional evidence and shall
9show, to the satisfaction of the court, that such additional
10evidence is material and there were reasonable grounds for the
11failure to adduce such evidence in the proceedings before the
12Director the court may order such additional evidence to be
13taken before the Director and to be adduced upon the hearing in
14such manner and upon such terms and conditions as to the court
15may seem proper. The Director may modify his or her findings of
16fact or make new findings by reason of the additional evidence
17so taken, and he or she shall file such modified or new
18findings with the return of such additional evidence.
19    (4) If the court finds (a) that the method of competition
20complained of is unfair or that the act or practice complained
21of is unfair or deceptive, or (b) that such unfair method of
22competition or such unfair or deceptive act or practice is in
23violation of this the Insurance Code or any other law of this
24State and (c) that the proceeding by the Director with respect
25thereto is to the interest of public and (d) that the findings
26of the Director are supported by the evidence, it shall enter

 

 

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1an order enjoining and restraining the continuance of such
2method of competition, act, or practice.
3(Source: P.A. 83-346; revised 10-5-17.)
 
4    (215 ILCS 5/469)  (from Ch. 73, par. 1065.16)
5    Sec. 469. Rebates prohibited. No broker or agent shall
6knowingly charge, demand, or receive a premium for any policy
7of insurance except in accordance with the provisions of this
8Article. No company or employee thereof, and no broker or agent
9shall pay, allow, or give, or offer to pay, allow, or give,
10directly or indirectly, as an inducement to insurance, or after
11insurance has been effected, any rebates, discount, abatement,
12credit, or reduction of the premium named in a policy of
13insurance, or any special favor or advantage in the dividends
14or other benefits to accrue thereon, or any valuable
15consideration or inducement whatever, not specified in the
16policy of insurance, except to the extent provided for in an
17applicable filing. No insured named in a policy of insurance,
18nor any employee of such insured shall knowingly receive or
19accept, directly or indirectly, any such rebate, discount,
20abatement, credit, or reduction of premium, or any such special
21favor or advantage or valuable consideration or inducement.
22Nothing in this Section shall be construed as prohibiting the
23payment of commissions or other compensation to duly licensed
24agents and brokers, nor as prohibiting any company from
25allowing or returning to its participating policyholders,

 

 

HB5447 Enrolled- 1279 -LRB100 16294 AMC 31417 b

1members, or subscribers, dividends, savings, or unabsorbed
2premium deposits.
3    Sections 151 and 152 of this the Insurance Code shall not
4apply to any kind of insurance subject to this Article.
5(Source: P.A. 76-943; revised 10-5-17.)
 
6    (215 ILCS 5/512.63)  (from Ch. 73, par. 1065.59-63)
7    (Section scheduled to be repealed on January 1, 2027)
8    Sec. 512.63. Fees. (a) The fees required by this Article
9are as follows:
10        (1) Public Insurance Adjuster license annual fee,
11    $100;
12        (2) registration of firms, $100;
13        (3) application fee for processing each request to take
14    the written examination for a Public Adjuster license, $20.
15(Source: P.A. 93-32, eff. 7-1-03; revised 11-8-17.)
 
16    (215 ILCS 5/531.03)  (from Ch. 73, par. 1065.80-3)
17    Sec. 531.03. Coverage and limitations.
18    (1) This Article shall provide coverage for the policies
19and contracts specified in subsection paragraph (2) of this
20Section:
21        (a) to persons who, regardless of where they reside
22    (except for non-resident certificate holders under group
23    policies or contracts), are the beneficiaries, assignees
24    or payees of the persons covered under paragraph (b) of

 

 

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1    this subsection subparagraph (1)(b), and
2        (b) to persons who are owners of or certificate holders
3    under the policies or contracts (other than unallocated
4    annuity contracts and structured settlement annuities) and
5    in each case who:
6            (i) are residents; or
7            (ii) are not residents, but only under all of the
8        following conditions:
9                (A) the insurer that issued the policies or
10            contracts is domiciled in this State;
11                (B) the states in which the persons reside have
12            associations similar to the Association created by
13            this Article;
14                (C) the persons are not eligible for coverage
15            by an association in any other state due to the
16            fact that the insurer was not licensed in that
17            state at the time specified in that state's
18            guaranty association law.
19        (c) For unallocated annuity contracts specified in
20    subsection (2), paragraphs (a) and (b) of this subsection
21    (1) shall not apply and this Article shall (except as
22    provided in paragraphs (e) and (f) of this subsection)
23    provide coverage to:
24            (i) persons who are the owners of the unallocated
25        annuity contracts if the contracts are issued to or in
26        connection with a specific benefit plan whose plan

 

 

HB5447 Enrolled- 1281 -LRB100 16294 AMC 31417 b

1        sponsor has its principal place of business in this
2        State; and
3            (ii) persons who are owners of unallocated annuity
4        contracts issued to or in connection with government
5        lotteries if the owners are residents.
6        (d) For structured settlement annuities specified in
7    subsection (2), paragraphs (a) and (b) of this subsection
8    (1) shall not apply and this Article shall (except as
9    provided in paragraphs (e) and (f) of this subsection)
10    provide coverage to a person who is a payee under a
11    structured settlement annuity (or beneficiary of a payee if
12    the payee is deceased), if the payee:
13            (i) is a resident, regardless of where the contract
14        owner resides; or
15            (ii) is not a resident, but only under both of the
16        following conditions:
17                (A) with regard to residency:
18                    (I) the contract owner of the structured
19                settlement annuity is a resident; or
20                    (II) the contract owner of the structured
21                settlement annuity is not a resident but the
22                insurer that issued the structured settlement
23                annuity is domiciled in this State and the
24                state in which the contract owner resides has
25                an association similar to the Association
26                created by this Article; and

 

 

HB5447 Enrolled- 1282 -LRB100 16294 AMC 31417 b

1                (B) neither the payee or beneficiary nor the
2            contract owner is eligible for coverage by the
3            association of the state in which the payee or
4            contract owner resides.
5        (e) This Article shall not provide coverage to:
6            (i) a person who is a payee or beneficiary of a
7        contract owner resident of this State if the payee or
8        beneficiary is afforded any coverage by the
9        association of another state; or
10            (ii) a person covered under paragraph (c) of this
11        subsection (1), if any coverage is provided by the
12        association of another state to that person.
13        (f) This Article is intended to provide coverage to a
14    person who is a resident of this State and, in special
15    circumstances, to a nonresident. In order to avoid
16    duplicate coverage, if a person who would otherwise receive
17    coverage under this Article is provided coverage under the
18    laws of any other state, then the person shall not be
19    provided coverage under this Article. In determining the
20    application of the provisions of this paragraph in
21    situations where a person could be covered by the
22    association of more than one state, whether as an owner,
23    payee, beneficiary, or assignee, this Article shall be
24    construed in conjunction with other state laws to result in
25    coverage by only one association.
26    (2)(a) This Article shall provide coverage to the persons

 

 

HB5447 Enrolled- 1283 -LRB100 16294 AMC 31417 b

1specified in subsection paragraph (1) of this Section for
2direct, (i) nongroup life, health, annuity and supplemental
3policies, or contracts, (ii) for certificates under direct
4group policies or contracts, (iii) for unallocated annuity
5contracts and (iv) for contracts to furnish health care
6services and subscription certificates for medical or health
7care services issued by persons licensed to transact insurance
8business in this State under this the Illinois Insurance Code.
9Annuity contracts and certificates under group annuity
10contracts include but are not limited to guaranteed investment
11contracts, deposit administration contracts, unallocated
12funding agreements, allocated funding agreements, structured
13settlement agreements, lottery contracts and any immediate or
14deferred annuity contracts.
15    (b) This Article shall not provide coverage for:
16        (i) that portion of a policy or contract not guaranteed
17    by the insurer, or under which the risk is borne by the
18    policy or contract owner;
19        (ii) any such policy or contract or part thereof
20    assumed by the impaired or insolvent insurer under a
21    contract of reinsurance, other than reinsurance for which
22    assumption certificates have been issued;
23        (iii) any portion of a policy or contract to the extent
24    that the rate of interest on which it is based or the
25    interest rate, crediting rate, or similar factor is
26    determined by use of an index or other external reference

 

 

HB5447 Enrolled- 1284 -LRB100 16294 AMC 31417 b

1    stated in the policy or contract employed in calculating
2    returns or changes in value:
3            (A) averaged over the period of 4 years prior to
4        the date on which the member insurer becomes an
5        impaired or insolvent insurer under this Article,
6        whichever is earlier, exceeds the rate of interest
7        determined by subtracting 2 percentage points from
8        Moody's Corporate Bond Yield Average averaged for that
9        same 4-year period or for such lesser period if the
10        policy or contract was issued less than 4 years before
11        the member insurer becomes an impaired or insolvent
12        insurer under this Article, whichever is earlier; and
13            (B) on and after the date on which the member
14        insurer becomes an impaired or insolvent insurer under
15        this Article, whichever is earlier, exceeds the rate of
16        interest determined by subtracting 3 percentage points
17        from Moody's Corporate Bond Yield Average as most
18        recently available;
19        (iv) any unallocated annuity contract issued to or in
20    connection with a benefit plan protected under the federal
21    Pension Benefit Guaranty Corporation, regardless of
22    whether the federal Pension Benefit Guaranty Corporation
23    has yet become liable to make any payments with respect to
24    the benefit plan;
25        (v) any portion of any unallocated annuity contract
26    which is not issued to or in connection with a specific

 

 

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1    employee, union or association of natural persons benefit
2    plan or a government lottery;
3        (vi) an obligation that does not arise under the
4    express written terms of the policy or contract issued by
5    the insurer to the contract owner or policy owner,
6    including without limitation:
7            (A) a claim based on marketing materials;
8            (B) a claim based on side letters, riders, or other
9        documents that were issued by the insurer without
10        meeting applicable policy form filing or approval
11        requirements;
12            (C) a misrepresentation of or regarding policy
13        benefits;
14            (D) an extra-contractual claim; or
15            (E) a claim for penalties or consequential or
16        incidental damages;
17        (vii) any stop-loss insurance, as defined in clause (b)
18    of Class 1 or clause (a) of Class 2 of Section 4, and
19    further defined in subsection (d) of Section 352;
20        (viii) any policy or contract providing any hospital,
21    medical, prescription drug, or other health care benefits
22    pursuant to Part C or Part D of Subchapter XVIII, Chapter 7
23    of Title 42 of the United States Code (commonly known as
24    Medicare Part C & D) or any regulations issued pursuant
25    thereto;
26        (ix) any portion of a policy or contract to the extent

 

 

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1    that the assessments required by Section 531.09 of this
2    Code with respect to the policy or contract are preempted
3    or otherwise not permitted by federal or State law;
4        (x) any portion of a policy or contract issued to a
5    plan or program of an employer, association, or other
6    person to provide life, health, or annuity benefits to its
7    employees, members, or others to the extent that the plan
8    or program is self-funded or uninsured, including, but not
9    limited to, benefits payable by an employer, association,
10    or other person under:
11            (A) a multiple employer welfare arrangement as
12        defined in 29 U.S.C. Section 1144;
13            (B) a minimum premium group insurance plan;
14            (C) a stop-loss group insurance plan; or
15            (D) an administrative services only contract;
16        (xi) any portion of a policy or contract to the extent
17    that it provides for:
18            (A) dividends or experience rating credits;
19            (B) voting rights; or
20            (C) payment of any fees or allowances to any
21        person, including the policy or contract owner, in
22        connection with the service to or administration of the
23        policy or contract;
24        (xii) any policy or contract issued in this State by a
25    member insurer at a time when it was not licensed or did
26    not have a certificate of authority to issue the policy or

 

 

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1    contract in this State;
2        (xiii) any contractual agreement that establishes the
3    member insurer's obligations to provide a book value
4    accounting guaranty for defined contribution benefit plan
5    participants by reference to a portfolio of assets that is
6    owned by the benefit plan or its trustee, which in each
7    case is not an affiliate of the member insurer;
8        (xiv) any portion of a policy or contract to the extent
9    that it provides for interest or other changes in value to
10    be determined by the use of an index or other external
11    reference stated in the policy or contract, but which have
12    not been credited to the policy or contract, or as to which
13    the policy or contract owner's rights are subject to
14    forfeiture, as of the date the member insurer becomes an
15    impaired or insolvent insurer under this Code, whichever is
16    earlier. If a policy's or contract's interest or changes in
17    value are credited less frequently than annually, then for
18    purposes of determining the values that have been credited
19    and are not subject to forfeiture under this Section, the
20    interest or change in value determined by using the
21    procedures defined in the policy or contract will be
22    credited as if the contractual date of crediting interest
23    or changing values was the date of impairment or
24    insolvency, whichever is earlier, and will not be subject
25    to forfeiture; or
26        (xv) that portion or part of a variable life insurance

 

 

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1    or variable annuity contract not guaranteed by an insurer.
2    (3) The benefits for which the Association may become
3liable shall in no event exceed the lesser of:
4        (a) the contractual obligations for which the insurer
5    is liable or would have been liable if it were not an
6    impaired or insolvent insurer, or
7        (b)(i) with respect to any one life, regardless of the
8    number of policies or contracts:
9            (A) $300,000 in life insurance death benefits, but
10        not more than $100,000 in net cash surrender and net
11        cash withdrawal values for life insurance;
12            (B) in health insurance benefits:
13                (I) $100,000 for coverages not defined as
14            disability insurance or basic hospital, medical,
15            and surgical insurance or major medical insurance
16            or long-term care insurance, including any net
17            cash surrender and net cash withdrawal values;
18                (II) $300,000 for disability insurance and
19            $300,000 for long-term care insurance as defined
20            in Section 351A-1 of this Code; and
21                (III) $500,000 for basic hospital medical and
22            surgical insurance or major medical insurance;
23            (C) $250,000 in the present value of annuity
24        benefits, including net cash surrender and net cash
25        withdrawal values;
26        (ii) with respect to each individual participating in a

 

 

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1    governmental retirement benefit plan established under
2    Section Sections 401, 403(b), or 457 of the U.S. Internal
3    Revenue Code covered by an unallocated annuity contract or
4    the beneficiaries of each such individual if deceased, in
5    the aggregate, $250,000 in present value annuity benefits,
6    including net cash surrender and net cash withdrawal
7    values;
8        (iii) with respect to each payee of a structured
9    settlement annuity or beneficiary or beneficiaries of the
10    payee if deceased, $250,000 in present value annuity
11    benefits, in the aggregate, including net cash surrender
12    and net cash withdrawal values, if any; or
13        (iv) with respect to either (1) one contract owner
14    provided coverage under subparagraph (ii) of paragraph (c)
15    of subsection (1) of this Section or (2) one plan sponsor
16    whose plans own directly or in trust one or more
17    unallocated annuity contracts not included in subparagraph
18    (ii) of paragraph (b) of this subsection, $5,000,000 in
19    benefits, irrespective of the number of contracts with
20    respect to the contract owner or plan sponsor. However, in
21    the case where one or more unallocated annuity contracts
22    are covered contracts under this Article and are owned by a
23    trust or other entity for the benefit of 2 or more plan
24    sponsors, coverage shall be afforded by the Association if
25    the largest interest in the trust or entity owning the
26    contract or contracts is held by a plan sponsor whose

 

 

HB5447 Enrolled- 1290 -LRB100 16294 AMC 31417 b

1    principal place of business is in this State. In no event
2    shall the Association be obligated to cover more than
3    $5,000,000 in benefits with respect to all these
4    unallocated contracts.
5    In no event shall the Association be obligated to cover
6more than (1) an aggregate of $300,000 in benefits with respect
7to any one life under subparagraphs (i), (ii), and (iii) of
8this paragraph (b) except with respect to benefits for basic
9hospital, medical, and surgical insurance and major medical
10insurance under item (B) of subparagraph (i) of this paragraph
11(b), in which case the aggregate liability of the Association
12shall not exceed $500,000 with respect to any one individual or
13(2) with respect to one owner of multiple nongroup policies of
14life insurance, whether the policy owner is an individual,
15firm, corporation, or other person and whether the persons
16insured are officers, managers, employees, or other persons,
17$5,000,000 in benefits, regardless of the number of policies
18and contracts held by the owner.
19    The limitations set forth in this subsection are
20limitations on the benefits for which the Association is
21obligated before taking into account either its subrogation and
22assignment rights or the extent to which those benefits could
23be provided out of the assets of the impaired or insolvent
24insurer attributable to covered policies. The costs of the
25Association's obligations under this Article may be met by the
26use of assets attributable to covered policies or reimbursed to

 

 

HB5447 Enrolled- 1291 -LRB100 16294 AMC 31417 b

1the Association pursuant to its subrogation and assignment
2rights.
3    (4) In performing its obligations to provide coverage under
4Section 531.08 of this Code, the Association shall not be
5required to guarantee, assume, reinsure, or perform or cause to
6be guaranteed, assumed, reinsured, or performed the
7contractual obligations of the insolvent or impaired insurer
8under a covered policy or contract that do not materially
9affect the economic values or economic benefits of the covered
10policy or contract.
11(Source: P.A. 96-1450, eff. 8-20-10; revised 10-5-17.)
 
12    (215 ILCS 5/1563)
13    Sec. 1563. Fees. (a) The fees required by this Article are
14as follows:
15        (1) Public adjuster license fee of $250, payable once
16    every 2 years.
17        (2) Business entity license fee of $250, payable once
18    every 2 years.
19        (3) Application fee of $50 for processing each request
20    to take the written examination for a public adjuster
21    license.
22(Source: P.A. 96-1332, eff. 1-1-11; revised 11-8-17.)
 
23    Section 340. The Health Maintenance Organization Act is
24amended by changing Sections 5-1 and 5-3 as follows:
 

 

 

HB5447 Enrolled- 1292 -LRB100 16294 AMC 31417 b

1    (215 ILCS 125/5-1)  (from Ch. 111 1/2, par. 1409A)
2    Sec. 5-1. Section 155 of the Illinois Insurance Code shall
3apply to Health Maintenance Organizations; except that no
4action shall be brought for an unreasonable delay in the
5settling of a claim if the delay is caused by the failure of
6the enrollee to execute a lien as requested by the health care
7plan.
8(Source: P.A. 85-20; revised 10-5-17.)
 
9    (215 ILCS 125/5-3)  (from Ch. 111 1/2, par. 1411.2)
10    Sec. 5-3. Insurance Code provisions.
11    (a) Health Maintenance Organizations shall be subject to
12the provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
13141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,
14154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 355.2, 355.3,
15355b, 356g.5-1, 356m, 356v, 356w, 356x, 356y, 356z.2, 356z.4,
16356z.5, 356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12,
17356z.13, 356z.14, 356z.15, 356z.17, 356z.18, 356z.19, 356z.21,
18356z.22, 356z.25, 356z.26, 364, 364.01, 367.2, 367.2-5, 367i,
19368a, 368b, 368c, 368d, 368e, 370c, 370c.1, 401, 401.1, 402,
20403, 403A, 408, 408.2, 409, 412, 444, and 444.1, paragraph (c)
21of subsection (2) of Section 367, and Articles IIA, VIII 1/2,
22XII, XII 1/2, XIII, XIII 1/2, XXV, and XXVI of the Illinois
23Insurance Code.
24    (b) For purposes of the Illinois Insurance Code, except for

 

 

HB5447 Enrolled- 1293 -LRB100 16294 AMC 31417 b

1Sections 444 and 444.1 and Articles XIII and XIII 1/2, Health
2Maintenance Organizations in the following categories are
3deemed to be "domestic companies":
4        (1) a corporation authorized under the Dental Service
5    Plan Act or the Voluntary Health Services Plans Act;
6        (2) a corporation organized under the laws of this
7    State; or
8        (3) a corporation organized under the laws of another
9    state, 30% or more of the enrollees of which are residents
10    of this State, except a corporation subject to
11    substantially the same requirements in its state of
12    organization as is a "domestic company" under Article VIII
13    1/2 of the Illinois Insurance Code.
14    (c) In considering the merger, consolidation, or other
15acquisition of control of a Health Maintenance Organization
16pursuant to Article VIII 1/2 of the Illinois Insurance Code,
17        (1) the Director shall give primary consideration to
18    the continuation of benefits to enrollees and the financial
19    conditions of the acquired Health Maintenance Organization
20    after the merger, consolidation, or other acquisition of
21    control takes effect;
22        (2)(i) the criteria specified in subsection (1)(b) of
23    Section 131.8 of the Illinois Insurance Code shall not
24    apply and (ii) the Director, in making his determination
25    with respect to the merger, consolidation, or other
26    acquisition of control, need not take into account the

 

 

HB5447 Enrolled- 1294 -LRB100 16294 AMC 31417 b

1    effect on competition of the merger, consolidation, or
2    other acquisition of control;
3        (3) the Director shall have the power to require the
4    following information:
5            (A) certification by an independent actuary of the
6        adequacy of the reserves of the Health Maintenance
7        Organization sought to be acquired;
8            (B) pro forma financial statements reflecting the
9        combined balance sheets of the acquiring company and
10        the Health Maintenance Organization sought to be
11        acquired as of the end of the preceding year and as of
12        a date 90 days prior to the acquisition, as well as pro
13        forma financial statements reflecting projected
14        combined operation for a period of 2 years;
15            (C) a pro forma business plan detailing an
16        acquiring party's plans with respect to the operation
17        of the Health Maintenance Organization sought to be
18        acquired for a period of not less than 3 years; and
19            (D) such other information as the Director shall
20        require.
21    (d) The provisions of Article VIII 1/2 of the Illinois
22Insurance Code and this Section 5-3 shall apply to the sale by
23any health maintenance organization of greater than 10% of its
24enrollee population (including without limitation the health
25maintenance organization's right, title, and interest in and to
26its health care certificates).

 

 

HB5447 Enrolled- 1295 -LRB100 16294 AMC 31417 b

1    (e) In considering any management contract or service
2agreement subject to Section 141.1 of the Illinois Insurance
3Code, the Director (i) shall, in addition to the criteria
4specified in Section 141.2 of the Illinois Insurance Code, take
5into account the effect of the management contract or service
6agreement on the continuation of benefits to enrollees and the
7financial condition of the health maintenance organization to
8be managed or serviced, and (ii) need not take into account the
9effect of the management contract or service agreement on
10competition.
11    (f) Except for small employer groups as defined in the
12Small Employer Rating, Renewability and Portability Health
13Insurance Act and except for medicare supplement policies as
14defined in Section 363 of the Illinois Insurance Code, a Health
15Maintenance Organization may by contract agree with a group or
16other enrollment unit to effect refunds or charge additional
17premiums under the following terms and conditions:
18        (i) the amount of, and other terms and conditions with
19    respect to, the refund or additional premium are set forth
20    in the group or enrollment unit contract agreed in advance
21    of the period for which a refund is to be paid or
22    additional premium is to be charged (which period shall not
23    be less than one year); and
24        (ii) the amount of the refund or additional premium
25    shall not exceed 20% of the Health Maintenance
26    Organization's profitable or unprofitable experience with

 

 

HB5447 Enrolled- 1296 -LRB100 16294 AMC 31417 b

1    respect to the group or other enrollment unit for the
2    period (and, for purposes of a refund or additional
3    premium, the profitable or unprofitable experience shall
4    be calculated taking into account a pro rata share of the
5    Health Maintenance Organization's administrative and
6    marketing expenses, but shall not include any refund to be
7    made or additional premium to be paid pursuant to this
8    subsection (f)). The Health Maintenance Organization and
9    the group or enrollment unit may agree that the profitable
10    or unprofitable experience may be calculated taking into
11    account the refund period and the immediately preceding 2
12    plan years.
13    The Health Maintenance Organization shall include a
14statement in the evidence of coverage issued to each enrollee
15describing the possibility of a refund or additional premium,
16and upon request of any group or enrollment unit, provide to
17the group or enrollment unit a description of the method used
18to calculate (1) the Health Maintenance Organization's
19profitable experience with respect to the group or enrollment
20unit and the resulting refund to the group or enrollment unit
21or (2) the Health Maintenance Organization's unprofitable
22experience with respect to the group or enrollment unit and the
23resulting additional premium to be paid by the group or
24enrollment unit.
25    In no event shall the Illinois Health Maintenance
26Organization Guaranty Association be liable to pay any

 

 

HB5447 Enrolled- 1297 -LRB100 16294 AMC 31417 b

1contractual obligation of an insolvent organization to pay any
2refund authorized under this Section.
3    (g) Rulemaking authority to implement Public Act 95-1045,
4if any, is conditioned on the rules being adopted in accordance
5with all provisions of the Illinois Administrative Procedure
6Act and all rules and procedures of the Joint Committee on
7Administrative Rules; any purported rule not so adopted, for
8whatever reason, is unauthorized.
9(Source: P.A. 99-761, eff. 1-1-18; 100-24, eff. 7-18-17;
10100-138, eff. 8-18-17; revised 10-5-17.)
 
11    Section 345. The Limited Health Service Organization Act is
12amended by changing Section 4003 as follows:
 
13    (215 ILCS 130/4003)  (from Ch. 73, par. 1504-3)
14    Sec. 4003. Illinois Insurance Code provisions. Limited
15health service organizations shall be subject to the provisions
16of Sections 133, 134, 136, 137, 139, 140, 141.1, 141.2, 141.3,
17143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5, 154.6,
18154.7, 154.8, 155.04, 155.37, 355.2, 355.3, 355b, 356v,
19356z.10, 356z.21, 356z.22, 356z.25, 356z.26, 368a, 401, 401.1,
20402, 403, 403A, 408, 408.2, 409, 412, 444, and 444.1 and
21Articles IIA, VIII 1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and
22XXVI of the Illinois Insurance Code. For purposes of the
23Illinois Insurance Code, except for Sections 444 and 444.1 and
24Articles XIII and XIII 1/2, limited health service

 

 

HB5447 Enrolled- 1298 -LRB100 16294 AMC 31417 b

1organizations in the following categories are deemed to be
2domestic companies:
3        (1) a corporation under the laws of this State; or
4        (2) a corporation organized under the laws of another
5    state, 30% or more of the enrollees of which are residents
6    of this State, except a corporation subject to
7    substantially the same requirements in its state of
8    organization as is a domestic company under Article VIII
9    1/2 of the Illinois Insurance Code.
10(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
11100-201, eff. 8-18-17; revised 10-5-17.)
 
12    Section 350. The Viatical Settlements Act of 2009 is
13amended by changing Section 5 as follows:
 
14    (215 ILCS 159/5)
15    Sec. 5. Definitions.
16    "Accredited investor" means an accredited investor as
17defined in Rule 501(a) promulgated under the Securities Act of
181933 (15 U.S.C. 77 et seq.), as amended.
19    "Advertising" means any written, electronic, or printed
20communication or any communication by means of recorded
21telephone messages or transmitted on radio, television, the
22Internet, or similar communications media, including film
23strips, digital picture slides, motion pictures, and videos
24published, disseminated, circulated, or placed before the

 

 

HB5447 Enrolled- 1299 -LRB100 16294 AMC 31417 b

1public in this State, for the purpose of creating an interest
2in or inducing a person to sell, assign, devise, bequest, or
3transfer the death benefit or ownership of a policy pursuant to
4a viatical settlement contract.
5    "Alien licensee" means a licensee incorporated or
6organized under the laws of any country other than the United
7States.
8    "Business of viatical settlements" means any activity
9involved in, but not limited to, the offering, soliciting,
10negotiating, procuring, effectuating, purchasing, investing,
11financing, monitoring, tracking, underwriting, selling,
12transferring, assigning, pledging, or hypothecating or in any
13other manner acquiring an interest in a life insurance policy
14by means of a viatical settlement contract or other agreement.
15    "Chronically ill" means having been certified within the
16preceding 12-month period by a licensed health professional as:
17        (1) being unable to perform, without substantial
18    assistance from another individual and for at least 90 days
19    due to a loss of functional capacity, at least 2 activities
20    of daily living, including, but not limited to, eating,
21    toileting, transferring, bathing, dressing, or continence;
22        (2) requiring substantial supervision to protect the
23    individual from threats to health and safety due to severe
24    cognitive impairment; or
25        (3) having a level of disability similar to that
26    described in paragraph (1) as determined by the Secretary

 

 

HB5447 Enrolled- 1300 -LRB100 16294 AMC 31417 b

1    of Health and Human Services.
2    "Controlling person" means any person, firm, association,
3or corporation that directly or indirectly has the power to
4direct or cause to be directed the management, control, or
5activities of the viatical settlement provider.
6    "Director" means the Director of the Division of Insurance
7of the Department of Financial and Professional Regulation.
8    "Division" means the Division of Insurance of the
9Department of Financial and Professional Regulation.
10    "Escrow agent" means an independent third-party person
11who, pursuant to a written agreement signed by the viatical
12settlement provider and viator, provides escrow services
13related to the acquisition of a life insurance policy pursuant
14to a viatical settlement contract. "Escrow agent" does not
15include any person associated or affiliated with or under the
16control of a licensee.
17    "Financial institution" means a financial institution as
18defined by the Financial Institutions Insurance Sales Law in
19Article XLIV of the Illinois Insurance Code.
20    "Financing entity" means an underwriter, placement agent,
21lender, purchaser of securities, purchaser of a policy or
22certificate from a viatical settlement provider, credit
23enhancer, or an entity that has a direct ownership in a policy
24that is the subject of a viatical settlement contract, and to
25which both of the following apply:
26        (1) its principal activity related to the transaction

 

 

HB5447 Enrolled- 1301 -LRB100 16294 AMC 31417 b

1    is providing funds to effect the viatical settlement or
2    purchase of one or more viaticated policies; and
3        (2) it has an agreement in writing with one or more
4    licensed viatical settlement providers to finance the
5    acquisition of viatical settlement contracts.
6"Financing entity" does not include an investor that is not an
7accredited investor.
8    "Financing transaction" means a transaction in which a
9viatical settlement provider obtains financing from a
10financing entity, including, without limitation, any secured
11or unsecured financing, securitization transaction, or
12securities offering that either is registered or exempt from
13registration under federal and State securities law.
14    "Foreign licensee" means any viatical settlement provider
15incorporated or organized under the laws of any state of the
16United States other than this State.
17    "Insurance producer" means an insurance producer as
18defined by Section 10 of Article XXXI of the Illinois Insurance
19Code.
20    "Licensee" means a viatical settlement provider or
21viatical settlement broker.
22    "Life expectancy provider" means a person who determines or
23holds himself or herself out as determining life expectancies
24or mortality ratings used to determine life expectancies on
25behalf of or in connection with any of the following:
26        (1) A viatical settlement provider, viatical

 

 

HB5447 Enrolled- 1302 -LRB100 16294 AMC 31417 b

1    settlement broker, or person engaged in the business of
2    viatical settlements.
3        (2) A viatical investment as defined by Section 2.33 of
4    the Illinois Securities Law of 1953 or a viatical
5    settlement contract.
6    "NAIC" means the National Association of Insurance
7Commissioners.
8    "Person" means an individual or a legal entity, including,
9without limitation, a partnership, limited liability company,
10limited liability partnership, association, trust, business
11trust, or corporation.
12    "Policy" means an individual or group policy, group
13certificate, contract, or arrangement of insurance of the class
14defined by subsection (a) of Section 4 of the Illinois
15Insurance Code owned by a resident of this State, regardless of
16whether delivered or issued for delivery in this State.
17    "Qualified institutional buyer" means a qualified
18institutional buyer as defined in Rule 144 promulgated under
19the Securities Act of 1933, as amended.
20    "Related provider trust" means a titling trust or other
21trust established by a licensed viatical settlement provider or
22a financing entity for the sole purpose of holding the
23ownership or beneficial interest in purchased policies in
24connection with a financing transaction. The trust shall have a
25written agreement with the licensed viatical settlement
26provider under which the licensed viatical settlement provider

 

 

HB5447 Enrolled- 1303 -LRB100 16294 AMC 31417 b

1is responsible for ensuring compliance with all statutory and
2regulatory requirements and under which the trust agrees to
3make all records and files related to viatical settlement
4transactions available to the Director as if those records and
5files were maintained directly by the licensed viatical
6settlement provider.
7    "Special purpose entity" means a corporation, partnership,
8trust, limited liability company, or other similar entity
9formed only to provide, directly or indirectly, access to
10institutional capital markets (i) for a financing entity or
11licensed viatical settlement provider; or (ii) in connection
12with a transaction in which the securities in the special
13purposes entity are acquired by the viator or by qualified
14institutional buyers or the securities pay a fixed rate of
15return commensurate with established asset-backed
16institutional capital markets.
17    "Stranger-originated life insurance" or "STOLI" means an
18act, practice, or arrangement to initiate a life insurance
19policy for the benefit of a third-party investor who, at the
20time of policy origination, has no insurable interest in the
21insured. STOLI practices include, but are not limited to, cases
22in which life insurance is purchased with resources or
23guarantees from or through a person or entity who, at the time
24of policy inception, could not lawfully initiate the policy
25himself or itself and where, at the time of policy inception,
26there is an arrangement or agreement, whether verbal or

 

 

HB5447 Enrolled- 1304 -LRB100 16294 AMC 31417 b

1written, to directly or indirectly transfer the ownership of
2the policy or policy benefits to a third party. Trusts created
3to give the appearance of an insurable interest and used to
4initiate policies for investors violate insurance interest
5laws and the prohibition against wagering on life. STOLI
6arrangements do not include lawful viatical settlement
7contracts as permitted by this Act.
8    "Terminally ill" means certified by a physician as having
9an illness or physical condition that reasonably is expected to
10result in death in 24 months or less.
11    "Viatical settlement broker" means a licensed insurance
12producer who has been issued a license pursuant to paragraph
13(1) or (2) of subsection (a) of Section 500-35 Section
14500-35(a)(1) or 500-35(a)(2) of the Illinois Insurance Code
15who, working exclusively on behalf of a viator and for a fee,
16commission, or other valuable consideration, offers, solicits,
17promotes, or attempts to negotiate viatical settlement
18contracts between a viator and one or more viatical settlement
19providers or one or more viatical settlement brokers. "Viatical
20settlement broker" does not include an attorney, certified
21public accountant, or a financial planner accredited by a
22nationally recognized accreditation agency, who is retained to
23represent the viator and whose compensation is not paid
24directly or indirectly by the viatical settlement provider or
25purchaser.
26    "Viatical settlement contract" means any of the following:

 

 

HB5447 Enrolled- 1305 -LRB100 16294 AMC 31417 b

1        (1) A written agreement between a viator and a viatical
2    settlement provider establishing the terms under which
3    compensation or anything of value is or will be paid, which
4    compensation or value is less than the expected death
5    benefits of the policy, in return for the viator's present
6    or future assignment, transfer, sale, devise, or bequest of
7    the death benefit or ownership of any portion of the
8    insurance policy.
9        (2) A written agreement for a loan or other lending
10    transaction, secured primarily by an individual life
11    insurance policy or an individual certificate of a group
12    life insurance policy.
13        (3) The transfer for compensation or value of ownership
14    of a beneficial interest in a trust or other entity that
15    owns such policy, if the trust or other entity was formed
16    or availed of for the principal purpose of acquiring one or
17    more life insurance contracts and the life insurance
18    contract insures the life of a person residing in this
19    State.
20        (4) A premium finance loan made for a life insurance
21    policy by a lender to a viator on, before, or after the
22    date of issuance of the policy in either of the following
23    situations:
24            (A) The viator or the insured receives a guarantee
25        of the viatical settlement value of the policy.
26            (B) The viator or the insured agrees to sell the

 

 

HB5447 Enrolled- 1306 -LRB100 16294 AMC 31417 b

1        policy or any portion of the policy's death benefit on
2        any date before or after issuance of the policy.
3    "Viatical settlement contract" does not include any of the
4following acts, practices, or arrangements listed below in
5subparagraphs (a) through (i) of this definition of "viatical
6settlement contract", unless part of a plan, scheme, device, or
7artifice to avoid application of this Act; provided, however,
8that the list of excluded items contained in subparagraphs (a)
9through (i) is not intended to be an exhaustive list and that
10an act, practice, or arrangement that is not described below in
11subparagraphs (a) through (i) does not necessarily constitute a
12viatical settlement contract:
13        (a) A policy loan or accelerated death benefit made by
14    the insurer pursuant to the policy's terms;
15        (b) Loan proceeds that are used solely to pay: (i)
16    premiums for the policy and (ii) the costs of the loan,
17    including, without limitation, interest, arrangement fees,
18    utilization fees and similar fees, closing costs, legal
19    fees and expenses, trustee fees and expenses, and third
20    party collateral provider fees and expenses, including
21    fees payable to letter of credit issuers;
22        (c) A loan made by a bank or other financial
23    institution in which the lender takes an interest in a life
24    insurance policy solely to secure repayment of a loan or,
25    if there is a default on the loan and the policy is
26    transferred, the transfer of such a policy by the lender,

 

 

HB5447 Enrolled- 1307 -LRB100 16294 AMC 31417 b

1    provided that neither the default itself nor the transfer
2    of the policy in connection with the default is pursuant to
3    an agreement or understanding with any other person for the
4    purpose of evading regulation under this Act;
5        (d) A loan made by a lender that does not violate
6    Article XXXIIa of the Illinois Insurance Code, provided
7    that the premium finance loan is not described in this Act;
8        (e) An agreement in which all the parties (i) are
9    closely related to the insured by blood or law or (ii) have
10    a lawful substantial economic interest in the continued
11    life, health, and bodily safety of the person insured, or
12    trusts established primarily for the benefit of such
13    parties;
14        (f) Any designation, consent, or agreement by an
15    insured who is an employee of an employer in connection
16    with the purchase by the employer, or trust established by
17    the employer, of life insurance on the life of the
18    employee;
19        (g) A bona fide business succession planning
20    arrangement: (i) between one or more shareholders in a
21    corporation or between a corporation and one or more of its
22    shareholders or one or more trusts established by its
23    shareholders; (ii) between one or more partners in a
24    partnership or between a partnership and one or more of its
25    partners or one or more trusts established by its partners;
26    or (iii) between one or more members in a limited liability

 

 

HB5447 Enrolled- 1308 -LRB100 16294 AMC 31417 b

1    company or between a limited liability company and one or
2    more of its members or one or more trusts established by
3    its members;
4        (h) An agreement entered into by a service recipient,
5    or a trust established by the service recipient, and a
6    service provider, or a trust established by the service
7    provider, who performs significant services for the
8    service recipient's trade or business; or
9        (i) Any other contract, transaction, or arrangement
10    exempted from the definition of viatical settlement
11    contract by the Director based on the Director's
12    determination that the contract, transaction, or
13    arrangement is not of the type intended to be regulated by
14    this Act.
15    "Viatical settlement investment agent" means a person who
16is an appointed or contracted agent of a licensed viatical
17settlement provider who solicits or arranges the funding for
18the purchase of a viatical settlement by a viatical settlement
19purchaser and who is acting on behalf of a viatical settlement
20provider. A viatical settlement investment agent is deemed to
21represent the viatical settlement provider of whom the viatical
22settlement investment agent is an appointed or contracted
23agent.
24    "Viatical settlement provider" means a person, other than a
25viator, who enters into or effectuates a viatical settlement
26contract with a viator. "Viatical settlement provider" does not

 

 

HB5447 Enrolled- 1309 -LRB100 16294 AMC 31417 b

1include:
2        (1) a bank, savings bank, savings and loan association,
3    credit union, or other financial institution that takes an
4    assignment of a policy as collateral for a loan;
5        (2) a financial institution or premium finance company
6    making premium finance loans and exempted by the Director
7    from the licensing requirement under the premium finance
8    laws where the institution or company takes an assignment
9    of a life insurance policy solely as collateral for a
10    premium finance loan;
11        (3) the issuer of the life insurance policy;
12        (4) an authorized or eligible insurer that provides
13    stop loss coverage or financial guaranty insurance to a
14    viatical settlement provider, purchaser, financing entity,
15    special purpose entity, or related provider trust;
16        (5) An individual person who enters into or effectuates
17    no more than one viatical settlement contract in a calendar
18    year for the transfer of policies for any value less than
19    the expected death benefit;
20        (6) a financing entity;
21        (7) a special purpose entity;
22        (8) a related provider trust;
23        (9) a viatical settlement purchaser; or
24        (10) any other person that the Director determines is
25    consistent with the definition of viatical settlement
26    provider.

 

 

HB5447 Enrolled- 1310 -LRB100 16294 AMC 31417 b

1    "Viatical settlement purchaser" means a person who
2provides a sum of money as consideration for a life insurance
3policy or an interest in the death benefits of a life insurance
4policy, or a person who owns or acquires or is entitled to a
5beneficial interest in a trust that owns a viatical settlement
6contract or is the beneficiary of a life insurance policy, in
7each case where such policy has been or will be the subject of
8a viatical settlement contract, for the purpose of deriving an
9economic benefit. "Viatical settlement purchaser" does not
10include: (i) a licensee under this Act; (ii) an accredited
11investor or qualified institutional buyer; (iii) a financing
12entity; (iv) a special purpose entity; or (v) a related
13provider trust.
14    "Viaticated policy" means a life insurance policy that has
15been acquired by a viatical settlement provider pursuant to a
16viatical settlement contract.
17    "Viator" means the owner of a life insurance policy or a
18certificate holder under a group policy who enters or seeks to
19enter into a viatical settlement contract. For the purposes of
20this Act, a viator is not limited to an owner of a life
21insurance policy or a certificate holder under a group policy
22insuring the life of an individual with a terminal or chronic
23illness or condition, except where specifically addressed.
24"Viator" does not include:
25        (1) a licensee;
26        (2) a qualified institutional buyer;

 

 

HB5447 Enrolled- 1311 -LRB100 16294 AMC 31417 b

1        (3) a financing entity;
2        (4) a special purpose entity; or
3        (5) a related provider trust.
4(Source: P.A. 96-736, eff. 7-1-10; revised 10-5-17.)
 
5    Section 355. The Voluntary Health Services Plans Act is
6amended by changing Section 10 as follows:
 
7    (215 ILCS 165/10)  (from Ch. 32, par. 604)
8    Sec. 10. Application of Insurance Code provisions. Health
9services plan corporations and all persons interested therein
10or dealing therewith shall be subject to the provisions of
11Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,
12143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b, 356g,
13356g.5, 356g.5-1, 356r, 356t, 356u, 356v, 356w, 356x, 356y,
14356z.1, 356z.2, 356z.4, 356z.5, 356z.6, 356z.8, 356z.9,
15356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.18,
16356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 364.01, 367.2,
17368a, 401, 401.1, 402, 403, 403A, 408, 408.2, and 412, and
18paragraphs (7) and (15) of Section 367 of the Illinois
19Insurance Code.
20    Rulemaking authority to implement Public Act 95-1045, if
21any, is conditioned on the rules being adopted in accordance
22with all provisions of the Illinois Administrative Procedure
23Act and all rules and procedures of the Joint Committee on
24Administrative Rules; any purported rule not so adopted, for

 

 

HB5447 Enrolled- 1312 -LRB100 16294 AMC 31417 b

1whatever reason, is unauthorized.
2(Source: P.A. 100-24, eff. 7-18-17; 100-138, eff. 8-18-17;
3revised 10-5-17.)
 
4    Section 360. The Unclaimed Life Insurance Benefits Act is
5amended by changing Sections 15 and 35 as follows:
 
6    (215 ILCS 185/15)
7    Sec. 15. Insurer conduct.
8    (a) An insurer shall initially perform a comparison of its
9insureds', annuitants', and retained asset account holders'
10in-force policies, annuity contracts, and retained asset
11accounts in force on or after January 1, 2017 by using the full
12Death Master File. The initial comparison shall be completed on
13or before December 31, 2017. An insurer required to perform a
14comparison of its insureds', annuitants', and retained asset
15account holders' in-force policies, annuity contracts, and
16retained asset accounts in force on or after January 1, 2012
17shall perform a comparison of policies, annuity contracts, and
18retained asset accounts in force between January 1, 2012 and
19December 31, 2016 on or before December 31, 2018 by using the
20full Death Master File. An insurer required to perform a
21comparison of electronic searchable files concerning its
22insureds', annuitants', and retained asset account holders'
23in-force policies, annuity contracts, and retained asset
24accounts in force on or after January 1, 2000 shall perform a

 

 

HB5447 Enrolled- 1313 -LRB100 16294 AMC 31417 b

1comparison of policies, annuity contracts, and retained asset
2accounts in force between January 1, 2000 and December 31, 2016
3on or before December 31, 2018 by using the full Death Master
4File. Thereafter, an insurer shall perform a comparison on at
5least a semi-annual basis using the Death Master File update
6files for comparisons to identify potential matches of its
7insureds, annuitants, and retained asset account holders. In
8the event that one of the insurer's lines of business conducts
9a search for matches of its insureds, annuitants, and retained
10asset account holders against the Death Master File at
11intervals more frequently than semi-annually, then all lines of
12the insurer's business shall conduct searches for matches
13against the Death Master File with the same frequency. Within 6
14months after acquisition of policies, annuity contracts, or
15retained asset accounts from another insurer, the acquiring
16insurer shall compare all newly acquired policies, annuity
17contracts, and retained asset accounts that were not searched
18by the previous insurer in compliance with this Act against the
19complete Death Master File to identify potential matches of its
20insureds, annuitants, and retained asset account holders. Upon
21any subsequent acquisition of policies, annuity contracts, or
22retained asset accounts from another insurer, when the previous
23insurer has already conducted a search of the newly acquired
24policies, annuity contracts, and retained asset accounts using
25the complete Death Master File, the acquiring insurer shall
26compare all newly acquired policies, annuity contracts, and

 

 

HB5447 Enrolled- 1314 -LRB100 16294 AMC 31417 b

1retained asset accounts using all of the Death Master File
2updates since the time the previous insurer conducted the
3complete search to identify potential matches of its insureds,
4annuitants, and retained asset account holders.
5    An insured, an annuitant, or a retained asset account
6holder is presumed dead if the date of his or her death is
7indicated by the comparison required in this subsection (a),
8unless the insurer has competent and substantial evidence that
9the person is living, including, but not limited to, a contact
10made by the insurer with the person or his or her legal
11representative.
12    For those potential matches identified as a result of a
13Death Master File match, the insurer shall within 120 days
14after the date of death notice, if the insurer has not been
15contacted by a beneficiary, determine whether benefits are due
16in accordance with the applicable policy or contract and, if
17benefits are due in accordance with the applicable policy or
18contract:
19        (1) use good faith efforts, which shall be documented
20    by the insurer, to locate the beneficiary or beneficiaries;
21    the Department shall establish by administrative rule
22    minimum standards for what constitutes good faith efforts
23    to locate a beneficiary, which shall include: (A) searching
24    insurer records; (B) the appropriate use of First Class
25    United States mail, e-mail addresses, and telephone calls;
26    and (C) reasonable efforts by insurers to obtain updated

 

 

HB5447 Enrolled- 1315 -LRB100 16294 AMC 31417 b

1    contact information for the beneficiary or beneficiaries;
2    good faith efforts shall not include additional attempts to
3    contact the beneficiary at an address already confirmed not
4    to be current; and
5        (2) provide the appropriate claims forms or
6    instructions to the beneficiary or beneficiaries to make a
7    claim, including the need to provide an official death
8    certificate if applicable under the policy or annuity
9    contract.
10    (b) Insurers shall implement procedures to account for the
11following when conducting searches of the Death Master File:
12        (1) common nicknames, initials used in lieu of a first
13    or middle name, use of a middle name, compound first and
14    middle names, and interchanged first and middle names;
15        (2) compound last names, maiden or married names, and
16    hyphens, blank spaces, or apostrophes in last names;
17        (3) transposition of the "month" and "date" portions of
18    the date of birth; and
19        (4) incomplete social security numbers.
20    (c) To the extent permitted by law, an insurer may disclose
21the minimum necessary personal information about the insured,
22annuity owner, retained asset account holder, or beneficiary to
23a person whom the insurer reasonably believes may be able to
24assist the insurer with locating the beneficiary or a person
25otherwise entitled to payment of the claims proceeds.
26    (d) An insurer or its service provider shall not charge any

 

 

HB5447 Enrolled- 1316 -LRB100 16294 AMC 31417 b

1beneficiary or other authorized representative for any fees or
2costs associated with a Death Master File search or
3verification of a Death Master File match conducted pursuant to
4this Act.
5    (e) The benefits from a policy, annuity contract, or a
6retained asset account, plus any applicable accrued interest,
7shall first be payable to the designated beneficiaries or
8owners and, in the event the beneficiaries or owners cannot be
9found, shall be reported and delivered to the State Treasurer
10pursuant to the Revised Uniform Unclaimed Property Act. Nothing
11in this subsection (e) is intended to alter the amounts
12reportable under the existing provisions of the Revised Uniform
13Unclaimed Property Act or to allow the imposition of additional
14statutory interest under Article XIV of the Illinois Insurance
15Code.
16    (f) Failure to meet any requirement of this Section with
17such frequency as to constitute a general business practice is
18a violation of Section 424 of the Illinois Insurance Code.
19Nothing in this Section shall be construed to create or imply a
20private cause of action for a violation of this Section.
21(Source: P.A. 99-893, eff. 1-1-17; 100-22, eff. 1-1-18;
22100-543, eff. 1-1-18; revised 12-8-17.)
 
23    (215 ILCS 185/35)
24    Sec. 35. Application.
25    (a) Except as provided in subsections (b), (c), and (d),

 

 

HB5447 Enrolled- 1317 -LRB100 16294 AMC 31417 b

1the provisions of this Act apply to policies, annuity
2contracts, and retained asset accounts in force at any time on
3or after January 1, 2012.
4    (b) For an insurer that has entered into a written
5agreement with the State Treasurer on or before December 31,
62018 to resolve an unclaimed property examination pursuant to
7the Uniform Disposition of Unclaimed Property Act or the
8Revised Uniform Unclaimed Property Act, the provisions of this
9Act apply to policies, annuity contracts, and retained asset
10accounts in force on or after January 1, 2017.
11    (c) Notwithstanding subsection (a), the provisions of this
12Act shall apply to policies, annuity contracts, and retained
13asset accounts in force at any time on or after January 1, 2000
14to the extent that an insurer has electronic searchable files
15concerning such policies, annuity contracts, and retained
16asset accounts.
17    (d) This Act does not apply to a lapsed or terminated
18policy with no benefits payable that was compared against the
19Death Master File within the 18 months following the date of
20the lapse or termination of the applicable policy or that was
21searched more than 18 months prior to the most recent
22comparison against the Death Master File conducted by the
23insurer.
24(Source: P.A. 99-893, eff. 1-1-17; 100-543, eff. 1-1-18;
25revised 12-14-17.)
 

 

 

HB5447 Enrolled- 1318 -LRB100 16294 AMC 31417 b

1    Section 365. The Public Utilities Act is amended by
2changing Section 13-703 as follows:
 
3    (220 ILCS 5/13-703)  (from Ch. 111 2/3, par. 13-703)
4    (Section scheduled to be repealed on December 31, 2020)
5    Sec. 13-703. (a) The Commission shall design and implement
6a program whereby each telecommunications carrier providing
7local exchange service shall provide a telecommunications
8device capable of servicing the needs of those persons with a
9hearing or speech disability together with a single party line,
10at no charge additional to the basic exchange rate, to any
11subscriber who is certified as having a hearing or speech
12disability by a hearing care professional, as defined in the
13Hearing Instrument Consumer Protection Act, a speech-language
14pathologist, or a qualified State agency and to any subscriber
15which is an organization serving the needs of those persons
16with a hearing or speech disability as determined and specified
17by the Commission pursuant to subsection (d).
18    (b) The Commission shall design and implement a program,
19whereby each telecommunications carrier providing local
20exchange service shall provide a telecommunications relay
21system, using third party intervention to connect those persons
22having a hearing or speech disability with persons of normal
23hearing by way of intercommunications devices and the telephone
24system, making available reasonable access to all phases of
25public telephone service to persons who have a hearing or

 

 

HB5447 Enrolled- 1319 -LRB100 16294 AMC 31417 b

1speech disability. In order to design a telecommunications
2relay system which will meet the requirements of those persons
3with a hearing or speech disability available at a reasonable
4cost, the Commission shall initiate an investigation and
5conduct public hearings to determine the most cost-effective
6method of providing telecommunications relay service to those
7persons who have a hearing or speech disability when using
8telecommunications devices and therein solicit the advice,
9counsel, and physical assistance of Statewide nonprofit
10consumer organizations that serve persons with hearing or
11speech disabilities in such hearings and during the development
12and implementation of the system. The Commission shall phase in
13this program, on a geographical basis, as soon as is
14practicable, but no later than June 30, 1990.
15    (c) The Commission shall establish a competitively neutral
16rate recovery mechanism that establishes charges in an amount
17to be determined by the Commission for each line of a
18subscriber to allow telecommunications carriers providing
19local exchange service to recover costs as they are incurred
20under this Section. Beginning no later than April 1, 2016, and
21on a yearly basis thereafter, the Commission shall initiate a
22proceeding to establish the competitively neutral amount to be
23charged or assessed to subscribers of telecommunications
24carriers and wireless carriers, Interconnected VoIP service
25providers, and consumers of prepaid wireless
26telecommunications service in a manner consistent with this

 

 

HB5447 Enrolled- 1320 -LRB100 16294 AMC 31417 b

1subsection (c) and subsection (f) of this Section. The
2Commission shall issue its order establishing the
3competitively neutral amount to be charged or assessed to
4subscribers of telecommunications carriers and wireless
5carriers, Interconnected VoIP service providers, and
6purchasers of prepaid wireless telecommunications service on
7or prior to June 1 of each year, and such amount shall take
8effect June 1 of each year.
9    Telecommunications carriers, wireless carriers,
10Interconnected VoIP service providers, and sellers of prepaid
11wireless telecommunications service shall have 60 days from the
12date the Commission files its order to implement the new rate
13established by the order.
14    (d) The Commission shall determine and specify those
15organizations serving the needs of those persons having a
16hearing or speech disability that shall receive a
17telecommunications device and in which offices the equipment
18shall be installed in the case of an organization having more
19than one office. For the purposes of this Section,
20"organizations serving the needs of those persons with hearing
21or speech disabilities" means centers for independent living as
22described in Section 12a of the Rehabilitation of Persons with
23Disabilities Act and not-for-profit organizations whose
24primary purpose is serving the needs of those persons with
25hearing or speech disabilities. The Commission shall direct the
26telecommunications carriers subject to its jurisdiction and

 

 

HB5447 Enrolled- 1321 -LRB100 16294 AMC 31417 b

1this Section to comply with its determinations and
2specifications in this regard.
3    (e) As used in this Section:
4    "Prepaid wireless telecommunications service" has the
5meaning given to that term under Section 10 of the Prepaid
6Wireless 9-1-1 Surcharge Act.
7    "Retail transaction" has the meaning given to that term
8under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act.
9    "Seller" has the meaning given to that term under Section
1010 of the Prepaid Wireless 9-1-1 Surcharge Act.
11    "Telecommunications carrier providing local exchange
12service" includes, without otherwise limiting the meaning of
13the term, telecommunications carriers which are purely mutual
14concerns, having no rates or charges for services, but paying
15the operating expenses by assessment upon the members of such a
16company and no other person.
17    "Wireless carrier" has the meaning given to that term under
18Section 2 of the Emergency Telephone System Act.
19    (f) Interconnected VoIP service providers, sellers of
20prepaid wireless telecommunications service, and wireless
21carriers in Illinois shall collect and remit assessments
22determined in accordance with this Section in a competitively
23neutral manner in the same manner as a telecommunications
24carrier providing local exchange service. However, the
25assessment imposed on consumers of prepaid wireless
26telecommunications service shall be collected by the seller

 

 

HB5447 Enrolled- 1322 -LRB100 16294 AMC 31417 b

1from the consumer and imposed per retail transaction as a
2percentage of that retail transaction on all retail
3transactions occurring in this State. The assessment on
4subscribers of wireless carriers and consumers of prepaid
5wireless telecommunications service shall not be imposed or
6collected prior to June 1, 2016.
7    Sellers of prepaid wireless telecommunications service
8shall remit the assessments to the Department of Revenue on the
9same form and in the same manner which they remit the fee
10collected under the Prepaid Wireless 9-1-1 Surcharge Act. For
11the purposes of display on the consumers' receipts, the rates
12of the fee collected under the Prepaid Wireless 9-1-1 Surcharge
13Act and the assessment under this Section may be combined. In
14administration and enforcement of this Section, the provisions
15of Sections 15 and 20 of the Prepaid Wireless 9-1-1 Surcharge
16Act (except subsections (a), (a-5), (b-5), (e), and (e-5) of
17Section 15 and subsections (c) and (e) of Section 20 of the
18Prepaid Wireless 9-1-1 Surcharge Act and, from June 29, 2015
19(the effective date of Public Act 99-6), the seller shall be
20permitted to deduct and retain 3% of the assessments that are
21collected by the seller from consumers and that are remitted
22and timely filed with the Department) that are not inconsistent
23with this Section, shall apply, as far as practicable, to the
24subject matter of this Section to the same extent as if those
25provisions were included in this Section. Beginning on January
261, 2018, the seller is allowed to deduct and retain 3% of the

 

 

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1assessments that are collected by the seller from consumers and
2that are remitted timely and timely filed with the Department,
3but only if the return is filed electronically as provided in
4Section 3 of the Retailers' Occupation Tax Act. Sellers who
5demonstrate that they do not have access to the Internet or
6demonstrate hardship in filing electronically may petition the
7Department to waive the electronic filing requirement. The
8Department shall deposit all assessments and penalties
9collected under this Section into the Illinois
10Telecommunications Access Corporation Fund, a special fund
11created in the State treasury. On or before the 25th day of
12each calendar month, the Department shall prepare and certify
13to the Comptroller the amount available to the Commission for
14distribution out of the Illinois Telecommunications Access
15Corporation Fund. The amount certified shall be the amount (not
16including credit memoranda) collected during the second
17preceding calendar month by the Department, plus an amount the
18Department determines is necessary to offset any amounts which
19were erroneously paid to a different taxing body or fund. The
20amount paid to the Illinois Telecommunications Access
21Corporation Fund shall not include any amount equal to the
22amount of refunds made during the second preceding calendar
23month by the Department to retailers under this Section or any
24amount that the Department determines is necessary to offset
25any amounts which were payable to a different taxing body or
26fund but were erroneously paid to the Illinois

 

 

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1Telecommunications Access Corporation Fund. The Commission
2shall distribute all the funds to the Illinois
3Telecommunications Access Corporation and the funds may only be
4used in accordance with the provisions of this Section. The
5Department shall deduct 2% of all amounts deposited in the
6Illinois Telecommunications Access Corporation Fund during
7every year of remitted assessments. Of the 2% deducted by the
8Department, one-half shall be transferred into the Tax
9Compliance and Administration Fund to reimburse the Department
10for its direct costs of administering the collection and
11remittance of the assessment. The remaining one-half shall be
12transferred into the Public Utility Fund to reimburse the
13Commission for its costs of distributing to the Illinois
14Telecommunications Access Corporation the amount certified by
15the Department for distribution. The amount to be charged or
16assessed under subsections (c) and (f) is not imposed on a
17provider or the consumer for wireless Lifeline service where
18the consumer does not pay the provider for the service. Where
19the consumer purchases from the provider optional minutes,
20texts, or other services in addition to the federally funded
21Lifeline benefit, a consumer must pay the charge or assessment,
22and it must be collected by the seller according to this
23subsection (f).
24    Interconnected VoIP services shall not be considered an
25intrastate telecommunications service for the purposes of this
26Section in a manner inconsistent with federal law or Federal

 

 

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1Communications Commission regulation.
2    (g) The provisions of this Section are severable under
3Section 1.31 of the Statute on Statutes.
4    (h) The Commission may adopt rules necessary to implement
5this Section.
6(Source: P.A. 99-6, eff. 6-29-15; 99-143, eff. 7-27-15; 99-642,
7eff. 7-28-16; 99-847, eff. 8-19-16; 99-933, eff. 1-27-17;
8100-20, eff. 7-1-17; 100-201, eff. 8-18-17; 100-303, eff.
98-24-17; revised 10-2-17.)
 
10    Section 370. The Gas Transmission Facilities Act is amended
11by changing Section 1.03 as follows:
 
12    (220 ILCS 25/1.03)  (from Ch. 111 2/3, par. 571.03)
13    Sec. 1.03. "Private energy entity" includes every person,
14corporation, political subdivision, and public agency of the
15State who generates or produces natural gas for energy for his
16or its own consumption or the consumption of his or its tenants
17or for direct sale to others, excluding sales for resale, and
18every person, corporation, political subdivision, and public
19agency of the State who buys natural gas at the wellhead for
20his or its own consumption or the consumption of his or its
21tenants and not for sale to others. A private energy entity
22shall not be found to be a public utility as defined by the
23"Public Utilities Act", approved June 29, 1921, as amended,
24merely because of its activities in transmitting natural gas.

 

 

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1(Source: P.A. 83-1290; revised 9-27-17.)
 
2    Section 375. The Illinois Underground Utility Facilities
3Damage Prevention Act is amended by changing Section 2.2 as
4follows:
 
5    (220 ILCS 50/2.2)  (from Ch. 111 2/3, par. 1602.2)
6    Sec. 2.2. Underground utility facilities. (a) "Underground
7utility facilities" or "facilities" means and includes wires,
8ducts, fiber optic cable, conduits, pipes, sewers, and cables
9and their connected appurtenances installed beneath the
10surface of the ground by:
11        (1) a public utility as defined in the Public Utilities
12    Act;
13        (2) a municipally owned or mutually owned utility
14    providing a similar utility service;
15        (3) a pipeline entity transporting gases, crude oil,
16    petroleum products, or other hydrocarbon materials within
17    the State;
18        (4) a telecommunications carrier as defined in the
19    Universal Telephone Service Protection Law of 1985, or by a
20    company described in Section 1 of the Telephone Company
21    Act;
22        (5) a community antenna television system, as defined
23    in the Illinois Municipal Code or the Counties Code;
24        (6) a holder, as that term is defined in the Cable and

 

 

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1    Video Competition Law of 2007;
2        (7) any other entity owning or operating underground
3    facilities that transport generated electrical power to
4    other utility owners or operators or transport generated
5    electrical power within the internal electric grid of a
6    wind turbine generation farm; and
7        (8) an electric cooperative as defined in the Public
8    Utilities Act.
9(Source: P.A. 96-714, eff. 1-1-10; revised 11-8-17.)
 
10    Section 380. The Illinois Dental Practice Act is amended by
11changing Section 4 as follows:
 
12    (225 ILCS 25/4)   (from Ch. 111, par. 2304)
13    (Section scheduled to be repealed on January 1, 2026)
14    Sec. 4. Definitions. As used in this Act:
15    "Address of record" means the designated address recorded
16by the Department in the applicant's or licensee's application
17file or license file as maintained by the Department's
18licensure maintenance unit. It is the duty of the applicant or
19licensee to inform the Department of any change of address and
20those changes must be made either through the Department's
21website or by contacting the Department.
22    "Department" means the Department of Financial and
23Professional Regulation.
24    "Secretary" means the Secretary of Financial and

 

 

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1Professional Regulation.
2    "Board" means the Board of Dentistry.
3    "Dentist" means a person who has received a general license
4pursuant to paragraph (a) of Section 11 of this Act and who may
5perform any intraoral and extraoral procedure required in the
6practice of dentistry and to whom is reserved the
7responsibilities specified in Section 17.
8    "Dental hygienist" means a person who holds a license under
9this Act to perform dental services as authorized by Section
1018.
11    "Dental assistant" means an appropriately trained person
12who, under the supervision of a dentist, provides dental
13services as authorized by Section 17.
14    "Expanded function dental assistant" means a dental
15assistant who has completed the training required by Section
1617.1 of this Act.
17    "Dental laboratory" means a person, firm or corporation
18which:
19        (i) engages in making, providing, repairing or
20    altering dental prosthetic appliances and other artificial
21    materials and devices which are returned to a dentist for
22    insertion into the human oral cavity or which come in
23    contact with its adjacent structures and tissues; and
24        (ii) utilizes or employs a dental technician to provide
25    such services; and
26        (iii) performs such functions only for a dentist or

 

 

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1    dentists.
2    "Supervision" means supervision of a dental hygienist or a
3dental assistant requiring that a dentist authorize the
4procedure, remain in the dental facility while the procedure is
5performed, and approve the work performed by the dental
6hygienist or dental assistant before dismissal of the patient,
7but does not mean that the dentist must be present at all times
8in the treatment room.
9    "General supervision" means supervision of a dental
10hygienist requiring that the patient be a patient of record,
11that the dentist examine the patient in accordance with Section
1218 prior to treatment by the dental hygienist, and that the
13dentist authorize the procedures which are being carried out by
14a notation in the patient's record, but not requiring that a
15dentist be present when the authorized procedures are being
16performed. The issuance of a prescription to a dental
17laboratory by a dentist does not constitute general
18supervision.
19    "Public member" means a person who is not a health
20professional. For purposes of board membership, any person with
21a significant financial interest in a health service or
22profession is not a public member.
23    "Dentistry" means the healing art which is concerned with
24the examination, diagnosis, treatment planning and care of
25conditions within the human oral cavity and its adjacent
26tissues and structures, as further specified in Section 17.

 

 

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1    "Branches of dentistry" means the various specialties of
2dentistry which, for purposes of this Act, shall be limited to
3the following: endodontics, oral and maxillofacial surgery,
4orthodontics and dentofacial orthopedics, pediatric dentistry,
5periodontics, prosthodontics, and oral and maxillofacial
6radiology.
7    "Specialist" means a dentist who has received a specialty
8license pursuant to Section 11(b).
9    "Dental technician" means a person who owns, operates or is
10employed by a dental laboratory and engages in making,
11providing, repairing or altering dental prosthetic appliances
12and other artificial materials and devices which are returned
13to a dentist for insertion into the human oral cavity or which
14come in contact with its adjacent structures and tissues.
15    "Impaired dentist" or "impaired dental hygienist" means a
16dentist or dental hygienist who is unable to practice with
17reasonable skill and safety because of a physical or mental
18disability as evidenced by a written determination or written
19consent based on clinical evidence, including deterioration
20through the aging process, loss of motor skills, abuse of drugs
21or alcohol, or a psychiatric disorder, of sufficient degree to
22diminish the person's ability to deliver competent patient
23care.
24    "Nurse" means a registered professional nurse, a certified
25registered nurse anesthetist licensed as an advanced practice
26registered nurse, or a licensed practical nurse licensed under

 

 

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1the Nurse Practice Act.
2    "Patient of record" means a patient for whom the patient's
3most recent dentist has obtained a relevant medical and dental
4history and on whom the dentist has performed an examination
5and evaluated the condition to be treated.
6    "Dental responder" means a dentist or dental hygienist who
7is appropriately certified in disaster preparedness,
8immunizations, and dental humanitarian medical response
9consistent with the Society of Disaster Medicine and Public
10Health and training certified by the National Incident
11Management System or the National Disaster Life Support
12Foundation.
13    "Mobile dental van or portable dental unit" means any
14self-contained or portable dental unit in which dentistry is
15practiced that can be moved, towed, or transported from one
16location to another in order to establish a location where
17dental services can be provided.
18    "Public health dental hygienist" means a hygienist who
19holds a valid license to practice in the State, has 2 years of
20full-time clinical experience or an equivalent of 4,000 hours
21of clinical experience and has completed at least 42 clock
22hours of additional structured courses in dental education
23approved by rule by the Department in advanced areas specific
24to public health dentistry, including, but not limited to,
25emergency procedures for medically compromised patients,
26pharmacology, medical recordkeeping procedures, geriatric

 

 

HB5447 Enrolled- 1332 -LRB100 16294 AMC 31417 b

1dentistry, pediatric dentistry, pathology, and other areas of
2study as determined by the Department, and works in a public
3health setting pursuant to a written public health supervision
4agreement as defined by rule by the Department with a dentist
5working in or contracted with a local or State government
6agency or institution or who is providing services as part of a
7certified school-based program or school-based oral health
8program.
9    "Public health setting" means a federally qualified health
10center; a federal, State, or local public health facility; Head
11Start; a special supplemental nutrition program for Women,
12Infants, and Children (WIC) facility; or a certified
13school-based health center or school-based oral health
14program.
15    "Public health supervision" means the supervision of a
16public health dental hygienist by a licensed dentist who has a
17written public health supervision agreement with that public
18health dental hygienist while working in an approved facility
19or program that allows the public health dental hygienist to
20treat patients, without a dentist first examining the patient
21and being present in the facility during treatment, (1) who are
22eligible for Medicaid or (2) who are uninsured and whose
23household income is not greater than 200% of the federal
24poverty level.
25(Source: P.A. 99-25, eff. 1-1-16; 99-492, eff. 12-31-15;
2699-680, eff. 1-1-17; 100-215, eff. 1-1-18; 100-513, eff.

 

 

HB5447 Enrolled- 1333 -LRB100 16294 AMC 31417 b

11-1-18; revised 9-29-17.)
 
2    Section 385. The Medical Practice Act of 1987 is amended by
3changing Sections 22 and 54.5 as follows:
 
4    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
5    (Section scheduled to be repealed on December 31, 2019)
6    Sec. 22. Disciplinary action.
7    (A) The Department may revoke, suspend, place on probation,
8reprimand, refuse to issue or renew, or take any other
9disciplinary or non-disciplinary action as the Department may
10deem proper with regard to the license or permit of any person
11issued under this Act, including imposing fines not to exceed
12$10,000 for each violation, upon any of the following grounds:
13        (1) Performance of an elective abortion in any place,
14    locale, facility, or institution other than:
15            (a) a facility licensed pursuant to the Ambulatory
16        Surgical Treatment Center Act;
17            (b) an institution licensed under the Hospital
18        Licensing Act;
19            (c) an ambulatory surgical treatment center or
20        hospitalization or care facility maintained by the
21        State or any agency thereof, where such department or
22        agency has authority under law to establish and enforce
23        standards for the ambulatory surgical treatment
24        centers, hospitalization, or care facilities under its

 

 

HB5447 Enrolled- 1334 -LRB100 16294 AMC 31417 b

1        management and control;
2            (d) ambulatory surgical treatment centers,
3        hospitalization or care facilities maintained by the
4        Federal Government; or
5            (e) ambulatory surgical treatment centers,
6        hospitalization or care facilities maintained by any
7        university or college established under the laws of
8        this State and supported principally by public funds
9        raised by taxation.
10        (2) Performance of an abortion procedure in a willful
11    and wanton manner on a woman who was not pregnant at the
12    time the abortion procedure was performed.
13        (3) A plea of guilty or nolo contendere, finding of
14    guilt, jury verdict, or entry of judgment or sentencing,
15    including, but not limited to, convictions, preceding
16    sentences of supervision, conditional discharge, or first
17    offender probation, under the laws of any jurisdiction of
18    the United States of any crime that is a felony.
19        (4) Gross negligence in practice under this Act.
20        (5) Engaging in dishonorable, unethical or
21    unprofessional conduct of a character likely to deceive,
22    defraud or harm the public.
23        (6) Obtaining any fee by fraud, deceit, or
24    misrepresentation.
25        (7) Habitual or excessive use or abuse of drugs defined
26    in law as controlled substances, of alcohol, or of any

 

 

HB5447 Enrolled- 1335 -LRB100 16294 AMC 31417 b

1    other substances which results in the inability to practice
2    with reasonable judgment, skill or safety.
3        (8) Practicing under a false or, except as provided by
4    law, an assumed name.
5        (9) Fraud or misrepresentation in applying for, or
6    procuring, a license under this Act or in connection with
7    applying for renewal of a license under this Act.
8        (10) Making a false or misleading statement regarding
9    their skill or the efficacy or value of the medicine,
10    treatment, or remedy prescribed by them at their direction
11    in the treatment of any disease or other condition of the
12    body or mind.
13        (11) Allowing another person or organization to use
14    their license, procured under this Act, to practice.
15        (12) Adverse action taken by another state or
16    jurisdiction against a license or other authorization to
17    practice as a medical doctor, doctor of osteopathy, doctor
18    of osteopathic medicine or doctor of chiropractic, a
19    certified copy of the record of the action taken by the
20    other state or jurisdiction being prima facie evidence
21    thereof. This includes any adverse action taken by a State
22    or federal agency that prohibits a medical doctor, doctor
23    of osteopathy, doctor of osteopathic medicine, or doctor of
24    chiropractic from providing services to the agency's
25    participants.
26        (13) Violation of any provision of this Act or of the

 

 

HB5447 Enrolled- 1336 -LRB100 16294 AMC 31417 b

1    Medical Practice Act prior to the repeal of that Act, or
2    violation of the rules, or a final administrative action of
3    the Secretary, after consideration of the recommendation
4    of the Disciplinary Board.
5        (14) Violation of the prohibition against fee
6    splitting in Section 22.2 of this Act.
7        (15) A finding by the Disciplinary Board that the
8    registrant after having his or her license placed on
9    probationary status or subjected to conditions or
10    restrictions violated the terms of the probation or failed
11    to comply with such terms or conditions.
12        (16) Abandonment of a patient.
13        (17) Prescribing, selling, administering,
14    distributing, giving or self-administering any drug
15    classified as a controlled substance (designated product)
16    or narcotic for other than medically accepted therapeutic
17    purposes.
18        (18) Promotion of the sale of drugs, devices,
19    appliances or goods provided for a patient in such manner
20    as to exploit the patient for financial gain of the
21    physician.
22        (19) Offering, undertaking or agreeing to cure or treat
23    disease by a secret method, procedure, treatment or
24    medicine, or the treating, operating or prescribing for any
25    human condition by a method, means or procedure which the
26    licensee refuses to divulge upon demand of the Department.

 

 

HB5447 Enrolled- 1337 -LRB100 16294 AMC 31417 b

1        (20) Immoral conduct in the commission of any act
2    including, but not limited to, commission of an act of
3    sexual misconduct related to the licensee's practice.
4        (21) Willfully making or filing false records or
5    reports in his or her practice as a physician, including,
6    but not limited to, false records to support claims against
7    the medical assistance program of the Department of
8    Healthcare and Family Services (formerly Department of
9    Public Aid) under the Illinois Public Aid Code.
10        (22) Willful omission to file or record, or willfully
11    impeding the filing or recording, or inducing another
12    person to omit to file or record, medical reports as
13    required by law, or willfully failing to report an instance
14    of suspected abuse or neglect as required by law.
15        (23) Being named as a perpetrator in an indicated
16    report by the Department of Children and Family Services
17    under the Abused and Neglected Child Reporting Act, and
18    upon proof by clear and convincing evidence that the
19    licensee has caused a child to be an abused child or
20    neglected child as defined in the Abused and Neglected
21    Child Reporting Act.
22        (24) Solicitation of professional patronage by any
23    corporation, agents or persons, or profiting from those
24    representing themselves to be agents of the licensee.
25        (25) Gross and willful and continued overcharging for
26    professional services, including filing false statements

 

 

HB5447 Enrolled- 1338 -LRB100 16294 AMC 31417 b

1    for collection of fees for which services are not rendered,
2    including, but not limited to, filing such false statements
3    for collection of monies for services not rendered from the
4    medical assistance program of the Department of Healthcare
5    and Family Services (formerly Department of Public Aid)
6    under the Illinois Public Aid Code.
7        (26) A pattern of practice or other behavior which
8    demonstrates incapacity or incompetence to practice under
9    this Act.
10        (27) Mental illness or disability which results in the
11    inability to practice under this Act with reasonable
12    judgment, skill or safety.
13        (28) Physical illness, including, but not limited to,
14    deterioration through the aging process, or loss of motor
15    skill which results in a physician's inability to practice
16    under this Act with reasonable judgment, skill or safety.
17        (29) Cheating on or attempt to subvert the licensing
18    examinations administered under this Act.
19        (30) Willfully or negligently violating the
20    confidentiality between physician and patient except as
21    required by law.
22        (31) The use of any false, fraudulent, or deceptive
23    statement in any document connected with practice under
24    this Act.
25        (32) Aiding and abetting an individual not licensed
26    under this Act in the practice of a profession licensed

 

 

HB5447 Enrolled- 1339 -LRB100 16294 AMC 31417 b

1    under this Act.
2        (33) Violating state or federal laws or regulations
3    relating to controlled substances, legend drugs, or
4    ephedra as defined in the Ephedra Prohibition Act.
5        (34) Failure to report to the Department any adverse
6    final action taken against them by another licensing
7    jurisdiction (any other state or any territory of the
8    United States or any foreign state or country), by any peer
9    review body, by any health care institution, by any
10    professional society or association related to practice
11    under this Act, by any governmental agency, by any law
12    enforcement agency, or by any court for acts or conduct
13    similar to acts or conduct which would constitute grounds
14    for action as defined in this Section.
15        (35) Failure to report to the Department surrender of a
16    license or authorization to practice as a medical doctor, a
17    doctor of osteopathy, a doctor of osteopathic medicine, or
18    doctor of chiropractic in another state or jurisdiction, or
19    surrender of membership on any medical staff or in any
20    medical or professional association or society, while
21    under disciplinary investigation by any of those
22    authorities or bodies, for acts or conduct similar to acts
23    or conduct which would constitute grounds for action as
24    defined in this Section.
25        (36) Failure to report to the Department any adverse
26    judgment, settlement, or award arising from a liability

 

 

HB5447 Enrolled- 1340 -LRB100 16294 AMC 31417 b

1    claim related to acts or conduct similar to acts or conduct
2    which would constitute grounds for action as defined in
3    this Section.
4        (37) Failure to provide copies of medical records as
5    required by law.
6        (38) Failure to furnish the Department, its
7    investigators or representatives, relevant information,
8    legally requested by the Department after consultation
9    with the Chief Medical Coordinator or the Deputy Medical
10    Coordinator.
11        (39) Violating the Health Care Worker Self-Referral
12    Act.
13        (40) Willful failure to provide notice when notice is
14    required under the Parental Notice of Abortion Act of 1995.
15        (41) Failure to establish and maintain records of
16    patient care and treatment as required by this law.
17        (42) Entering into an excessive number of written
18    collaborative agreements with licensed advanced practice
19    registered nurses resulting in an inability to adequately
20    collaborate.
21        (43) Repeated failure to adequately collaborate with a
22    licensed advanced practice registered nurse.
23        (44) Violating the Compassionate Use of Medical
24    Cannabis Pilot Program Act.
25        (45) Entering into an excessive number of written
26    collaborative agreements with licensed prescribing

 

 

HB5447 Enrolled- 1341 -LRB100 16294 AMC 31417 b

1    psychologists resulting in an inability to adequately
2    collaborate.
3        (46) Repeated failure to adequately collaborate with a
4    licensed prescribing psychologist.
5        (47) Willfully failing to report an instance of
6    suspected abuse, neglect, financial exploitation, or
7    self-neglect of an eligible adult as defined in and
8    required by the Adult Protective Services Act.
9        (48) Being named as an abuser in a verified report by
10    the Department on Aging under the Adult Protective Services
11    Act, and upon proof by clear and convincing evidence that
12    the licensee abused, neglected, or financially exploited
13    an eligible adult as defined in the Adult Protective
14    Services Act.
15    Except for actions involving the ground numbered (26), all
16proceedings to suspend, revoke, place on probationary status,
17or take any other disciplinary action as the Department may
18deem proper, with regard to a license on any of the foregoing
19grounds, must be commenced within 5 years next after receipt by
20the Department of a complaint alleging the commission of or
21notice of the conviction order for any of the acts described
22herein. Except for the grounds numbered (8), (9), (26), and
23(29), no action shall be commenced more than 10 years after the
24date of the incident or act alleged to have violated this
25Section. For actions involving the ground numbered (26), a
26pattern of practice or other behavior includes all incidents

 

 

HB5447 Enrolled- 1342 -LRB100 16294 AMC 31417 b

1alleged to be part of the pattern of practice or other behavior
2that occurred, or a report pursuant to Section 23 of this Act
3received, within the 10-year period preceding the filing of the
4complaint. In the event of the settlement of any claim or cause
5of action in favor of the claimant or the reduction to final
6judgment of any civil action in favor of the plaintiff, such
7claim, cause of action or civil action being grounded on the
8allegation that a person licensed under this Act was negligent
9in providing care, the Department shall have an additional
10period of 2 years from the date of notification to the
11Department under Section 23 of this Act of such settlement or
12final judgment in which to investigate and commence formal
13disciplinary proceedings under Section 36 of this Act, except
14as otherwise provided by law. The time during which the holder
15of the license was outside the State of Illinois shall not be
16included within any period of time limiting the commencement of
17disciplinary action by the Department.
18    The entry of an order or judgment by any circuit court
19establishing that any person holding a license under this Act
20is a person in need of mental treatment operates as a
21suspension of that license. That person may resume their
22practice only upon the entry of a Departmental order based upon
23a finding by the Disciplinary Board that they have been
24determined to be recovered from mental illness by the court and
25upon the Disciplinary Board's recommendation that they be
26permitted to resume their practice.

 

 

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1    The Department may refuse to issue or take disciplinary
2action concerning the license of any person who fails to file a
3return, or to pay the tax, penalty or interest shown in a filed
4return, or to pay any final assessment of tax, penalty or
5interest, as required by any tax Act administered by the
6Illinois Department of Revenue, until such time as the
7requirements of any such tax Act are satisfied as determined by
8the Illinois Department of Revenue.
9    The Department, upon the recommendation of the
10Disciplinary Board, shall adopt rules which set forth standards
11to be used in determining:
12        (a) when a person will be deemed sufficiently
13    rehabilitated to warrant the public trust;
14        (b) what constitutes dishonorable, unethical or
15    unprofessional conduct of a character likely to deceive,
16    defraud, or harm the public;
17        (c) what constitutes immoral conduct in the commission
18    of any act, including, but not limited to, commission of an
19    act of sexual misconduct related to the licensee's
20    practice; and
21        (d) what constitutes gross negligence in the practice
22    of medicine.
23    However, no such rule shall be admissible into evidence in
24any civil action except for review of a licensing or other
25disciplinary action under this Act.
26    In enforcing this Section, the Disciplinary Board or the

 

 

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1Licensing Board, upon a showing of a possible violation, may
2compel, in the case of the Disciplinary Board, any individual
3who is licensed to practice under this Act or holds a permit to
4practice under this Act, or, in the case of the Licensing
5Board, any individual who has applied for licensure or a permit
6pursuant to this Act, to submit to a mental or physical
7examination and evaluation, or both, which may include a
8substance abuse or sexual offender evaluation, as required by
9the Licensing Board or Disciplinary Board and at the expense of
10the Department. The Disciplinary Board or Licensing Board shall
11specifically designate the examining physician licensed to
12practice medicine in all of its branches or, if applicable, the
13multidisciplinary team involved in providing the mental or
14physical examination and evaluation, or both. The
15multidisciplinary team shall be led by a physician licensed to
16practice medicine in all of its branches and may consist of one
17or more or a combination of physicians licensed to practice
18medicine in all of its branches, licensed chiropractic
19physicians, licensed clinical psychologists, licensed clinical
20social workers, licensed clinical professional counselors, and
21other professional and administrative staff. Any examining
22physician or member of the multidisciplinary team may require
23any person ordered to submit to an examination and evaluation
24pursuant to this Section to submit to any additional
25supplemental testing deemed necessary to complete any
26examination or evaluation process, including, but not limited

 

 

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1to, blood testing, urinalysis, psychological testing, or
2neuropsychological testing. The Disciplinary Board, the
3Licensing Board, or the Department may order the examining
4physician or any member of the multidisciplinary team to
5provide to the Department, the Disciplinary Board, or the
6Licensing Board any and all records, including business
7records, that relate to the examination and evaluation,
8including any supplemental testing performed. The Disciplinary
9Board, the Licensing Board, or the Department may order the
10examining physician or any member of the multidisciplinary team
11to present testimony concerning this examination and
12evaluation of the licensee, permit holder, or applicant,
13including testimony concerning any supplemental testing or
14documents relating to the examination and evaluation. No
15information, report, record, or other documents in any way
16related to the examination and evaluation shall be excluded by
17reason of any common law or statutory privilege relating to
18communication between the licensee, permit holder, or
19applicant and the examining physician or any member of the
20multidisciplinary team. No authorization is necessary from the
21licensee, permit holder, or applicant ordered to undergo an
22evaluation and examination for the examining physician or any
23member of the multidisciplinary team to provide information,
24reports, records, or other documents or to provide any
25testimony regarding the examination and evaluation. The
26individual to be examined may have, at his or her own expense,

 

 

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1another physician of his or her choice present during all
2aspects of the examination. Failure of any individual to submit
3to mental or physical examination and evaluation, or both, when
4directed, shall result in an automatic suspension, without
5hearing, until such time as the individual submits to the
6examination. If the Disciplinary Board or Licensing Board finds
7a physician unable to practice following an examination and
8evaluation because of the reasons set forth in this Section,
9the Disciplinary Board or Licensing Board shall require such
10physician to submit to care, counseling, or treatment by
11physicians, or other health care professionals, approved or
12designated by the Disciplinary Board, as a condition for
13issued, continued, reinstated, or renewed licensure to
14practice. Any physician, whose license was granted pursuant to
15Sections 9, 17, or 19 of this Act, or, continued, reinstated,
16renewed, disciplined or supervised, subject to such terms,
17conditions or restrictions who shall fail to comply with such
18terms, conditions or restrictions, or to complete a required
19program of care, counseling, or treatment, as determined by the
20Chief Medical Coordinator or Deputy Medical Coordinators,
21shall be referred to the Secretary for a determination as to
22whether the licensee shall have their license suspended
23immediately, pending a hearing by the Disciplinary Board. In
24instances in which the Secretary immediately suspends a license
25under this Section, a hearing upon such person's license must
26be convened by the Disciplinary Board within 15 days after such

 

 

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1suspension and completed without appreciable delay. The
2Disciplinary Board shall have the authority to review the
3subject physician's record of treatment and counseling
4regarding the impairment, to the extent permitted by applicable
5federal statutes and regulations safeguarding the
6confidentiality of medical records.
7    An individual licensed under this Act, affected under this
8Section, shall be afforded an opportunity to demonstrate to the
9Disciplinary Board that they can resume practice in compliance
10with acceptable and prevailing standards under the provisions
11of their license.
12    The Department may promulgate rules for the imposition of
13fines in disciplinary cases, not to exceed $10,000 for each
14violation of this Act. Fines may be imposed in conjunction with
15other forms of disciplinary action, but shall not be the
16exclusive disposition of any disciplinary action arising out of
17conduct resulting in death or injury to a patient. Any funds
18collected from such fines shall be deposited in the Illinois
19State Medical Disciplinary Fund.
20    All fines imposed under this Section shall be paid within
2160 days after the effective date of the order imposing the fine
22or in accordance with the terms set forth in the order imposing
23the fine.
24    (B) The Department shall revoke the license or permit
25issued under this Act to practice medicine or a chiropractic
26physician who has been convicted a second time of committing

 

 

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1any felony under the Illinois Controlled Substances Act or the
2Methamphetamine Control and Community Protection Act, or who
3has been convicted a second time of committing a Class 1 felony
4under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
5person whose license or permit is revoked under this subsection
6B shall be prohibited from practicing medicine or treating
7human ailments without the use of drugs and without operative
8surgery.
9    (C) The Department shall not revoke, suspend, place on
10probation, reprimand, refuse to issue or renew, or take any
11other disciplinary or non-disciplinary action against the
12license or permit issued under this Act to practice medicine to
13a physician based solely upon the recommendation of the
14physician to an eligible patient regarding, or prescription
15for, or treatment with, an investigational drug, biological
16product, or device.
17    (D) The Disciplinary Board shall recommend to the
18Department civil penalties and any other appropriate
19discipline in disciplinary cases when the Board finds that a
20physician willfully performed an abortion with actual
21knowledge that the person upon whom the abortion has been
22performed is a minor or an incompetent person without notice as
23required under the Parental Notice of Abortion Act of 1995.
24Upon the Board's recommendation, the Department shall impose,
25for the first violation, a civil penalty of $1,000 and for a
26second or subsequent violation, a civil penalty of $5,000.

 

 

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1(Source: P.A. 99-270, eff. 1-1-16; 99-933, eff. 1-27-17;
2100-429, eff. 8-25-17; 100-513, eff. 1-1-18; revised 9-29-17.)
 
3    (225 ILCS 60/54.5)
4    (Section scheduled to be repealed on December 31, 2019)
5    Sec. 54.5. Physician delegation of authority to physician
6assistants, advanced practice registered nurses without full
7practice authority, and prescribing psychologists.
8    (a) Physicians licensed to practice medicine in all its
9branches may delegate care and treatment responsibilities to a
10physician assistant under guidelines in accordance with the
11requirements of the Physician Assistant Practice Act of 1987. A
12physician licensed to practice medicine in all its branches may
13enter into collaborative agreements with no more than 5
14full-time equivalent physician assistants, except in a
15hospital, hospital affiliate, or ambulatory surgical treatment
16center as set forth by Section 7.7 of the Physician Assistant
17Practice Act of 1987.
18    (b) A physician licensed to practice medicine in all its
19branches in active clinical practice may collaborate with an
20advanced practice registered nurse in accordance with the
21requirements of the Nurse Practice Act. Collaboration is for
22the purpose of providing medical consultation, and no
23employment relationship is required. A written collaborative
24agreement shall conform to the requirements of Section 65-35 of
25the Nurse Practice Act. The written collaborative agreement

 

 

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1shall be for services in the same area of practice or specialty
2as the collaborating physician in his or her clinical medical
3practice. A written collaborative agreement shall be adequate
4with respect to collaboration with advanced practice
5registered nurses if all of the following apply:
6        (1) The agreement is written to promote the exercise of
7    professional judgment by the advanced practice registered
8    nurse commensurate with his or her education and
9    experience.
10        (2) The advanced practice registered nurse provides
11    services based upon a written collaborative agreement with
12    the collaborating physician, except as set forth in
13    subsection (b-5) of this Section. With respect to labor and
14    delivery, the collaborating physician must provide
15    delivery services in order to participate with a certified
16    nurse midwife.
17        (3) Methods of communication are available with the
18    collaborating physician in person or through
19    telecommunications for consultation, collaboration, and
20    referral as needed to address patient care needs.
21    (b-5) An anesthesiologist or physician licensed to
22practice medicine in all its branches may collaborate with a
23certified registered nurse anesthetist in accordance with
24Section 65-35 of the Nurse Practice Act for the provision of
25anesthesia services. With respect to the provision of
26anesthesia services, the collaborating anesthesiologist or

 

 

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1physician shall have training and experience in the delivery of
2anesthesia services consistent with Department rules.
3Collaboration shall be adequate if:
4        (1) an anesthesiologist or a physician participates in
5    the joint formulation and joint approval of orders or
6    guidelines and periodically reviews such orders and the
7    services provided patients under such orders; and
8        (2) for anesthesia services, the anesthesiologist or
9    physician participates through discussion of and agreement
10    with the anesthesia plan and is physically present and
11    available on the premises during the delivery of anesthesia
12    services for diagnosis, consultation, and treatment of
13    emergency medical conditions. Anesthesia services in a
14    hospital shall be conducted in accordance with Section 10.7
15    of the Hospital Licensing Act and in an ambulatory surgical
16    treatment center in accordance with Section 6.5 of the
17    Ambulatory Surgical Treatment Center Act.
18    (b-10) The anesthesiologist or operating physician must
19agree with the anesthesia plan prior to the delivery of
20services.
21    (c) The collaborating physician shall have access to the
22medical records of all patients attended by a physician
23assistant. The collaborating physician shall have access to the
24medical records of all patients attended to by an advanced
25practice registered nurse.
26    (d) (Blank).

 

 

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1    (e) A physician shall not be liable for the acts or
2omissions of a prescribing psychologist, physician assistant,
3or advanced practice registered nurse solely on the basis of
4having signed a supervision agreement or guidelines or a
5collaborative agreement, an order, a standing medical order, a
6standing delegation order, or other order or guideline
7authorizing a prescribing psychologist, physician assistant,
8or advanced practice registered nurse to perform acts, unless
9the physician has reason to believe the prescribing
10psychologist, physician assistant, or advanced practice
11registered nurse lacked the competency to perform the act or
12acts or commits willful and wanton misconduct.
13    (f) A collaborating physician may, but is not required to,
14delegate prescriptive authority to an advanced practice
15registered nurse as part of a written collaborative agreement,
16and the delegation of prescriptive authority shall conform to
17the requirements of Section 65-40 of the Nurse Practice Act.
18    (g) A collaborating physician may, but is not required to,
19delegate prescriptive authority to a physician assistant as
20part of a written collaborative agreement, and the delegation
21of prescriptive authority shall conform to the requirements of
22Section 7.5 of the Physician Assistant Practice Act of 1987.
23    (h) (Blank).
24    (i) A collaborating physician shall delegate prescriptive
25authority to a prescribing psychologist as part of a written
26collaborative agreement, and the delegation of prescriptive

 

 

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1authority shall conform to the requirements of Section 4.3 of
2the Clinical Psychologist Licensing Act.
3    (j) As set forth in Section 22.2 of this Act, a licensee
4under this Act may not directly or indirectly divide, share, or
5split any professional fee or other form of compensation for
6professional services with anyone in exchange for a referral or
7otherwise, other than as provided in Section 22.2.
8(Source: P.A. 99-173, eff. 7-29-15; 100-453, eff. 8-25-17;
9100-513, eff. 1-1-18; revised 9-29-17.)
 
10    Section 390. The Pharmacy Practice Act is amended by
11changing Sections 3 and 4 as follows:
 
12    (225 ILCS 85/3)
13    (Section scheduled to be repealed on January 1, 2020)
14    Sec. 3. Definitions. For the purpose of this Act, except
15where otherwise limited therein:
16    (a) "Pharmacy" or "drugstore" means and includes every
17store, shop, pharmacy department, or other place where
18pharmacist care is provided by a pharmacist (1) where drugs,
19medicines, or poisons are dispensed, sold or offered for sale
20at retail, or displayed for sale at retail; or (2) where
21prescriptions of physicians, dentists, advanced practice
22registered nurses, physician assistants, veterinarians,
23podiatric physicians, or optometrists, within the limits of
24their licenses, are compounded, filled, or dispensed; or (3)

 

 

HB5447 Enrolled- 1354 -LRB100 16294 AMC 31417 b

1which has upon it or displayed within it, or affixed to or used
2in connection with it, a sign bearing the word or words
3"Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
4"Apothecary", "Drugstore", "Medicine Store", "Prescriptions",
5"Drugs", "Dispensary", "Medicines", or any word or words of
6similar or like import, either in the English language or any
7other language; or (4) where the characteristic prescription
8sign (Rx) or similar design is exhibited; or (5) any store, or
9shop, or other place with respect to which any of the above
10words, objects, signs or designs are used in any advertisement.
11    (b) "Drugs" means and includes (1) articles recognized in
12the official United States Pharmacopoeia/National Formulary
13(USP/NF), or any supplement thereto and being intended for and
14having for their main use the diagnosis, cure, mitigation,
15treatment or prevention of disease in man or other animals, as
16approved by the United States Food and Drug Administration, but
17does not include devices or their components, parts, or
18accessories; and (2) all other articles intended for and having
19for their main use the diagnosis, cure, mitigation, treatment
20or prevention of disease in man or other animals, as approved
21by the United States Food and Drug Administration, but does not
22include devices or their components, parts, or accessories; and
23(3) articles (other than food) having for their main use and
24intended to affect the structure or any function of the body of
25man or other animals; and (4) articles having for their main
26use and intended for use as a component or any articles

 

 

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1specified in clause (1), (2) or (3); but does not include
2devices or their components, parts or accessories.
3    (c) "Medicines" means and includes all drugs intended for
4human or veterinary use approved by the United States Food and
5Drug Administration.
6    (d) "Practice of pharmacy" means:
7        (1) the interpretation and the provision of assistance
8    in the monitoring, evaluation, and implementation of
9    prescription drug orders;
10        (2) the dispensing of prescription drug orders;
11        (3) participation in drug and device selection;
12        (4) drug administration limited to the administration
13    of oral, topical, injectable, and inhalation as follows:
14            (A) in the context of patient education on the
15        proper use or delivery of medications;
16            (B) vaccination of patients 14 years of age and
17        older pursuant to a valid prescription or standing
18        order, by a physician licensed to practice medicine in
19        all its branches, upon completion of appropriate
20        training, including how to address contraindications
21        and adverse reactions set forth by rule, with
22        notification to the patient's physician and
23        appropriate record retention, or pursuant to hospital
24        pharmacy and therapeutics committee policies and
25        procedures; and
26            (C) administration of injections of

 

 

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1        alpha-hydroxyprogesterone caproate, pursuant to a
2        valid prescription, by a physician licensed to
3        practice medicine in all its branches, upon completion
4        of appropriate training, including how to address
5        contraindications and adverse reactions set forth by
6        rule, with notification to the patient's physician and
7        appropriate record retention, or pursuant to hospital
8        pharmacy and therapeutics committee policies and
9        procedures;
10        (5) vaccination of patients ages 10 through 13 limited
11    to the Influenza (inactivated influenza vaccine and live
12    attenuated influenza intranasal vaccine) and Tdap (defined
13    as tetanus, diphtheria, acellular pertussis) vaccines,
14    pursuant to a valid prescription or standing order, by a
15    physician licensed to practice medicine in all its
16    branches, upon completion of appropriate training,
17    including how to address contraindications and adverse
18    reactions set forth by rule, with notification to the
19    patient's physician and appropriate record retention, or
20    pursuant to hospital pharmacy and therapeutics committee
21    policies and procedures;
22        (6) drug regimen review;
23        (7) drug or drug-related research;
24        (8) the provision of patient counseling;
25        (9) the practice of telepharmacy;
26        (10) the provision of those acts or services necessary

 

 

HB5447 Enrolled- 1357 -LRB100 16294 AMC 31417 b

1    to provide pharmacist care;
2        (11) medication therapy management; and
3        (12) the responsibility for compounding and labeling
4    of drugs and devices (except labeling by a manufacturer,
5    repackager, or distributor of non-prescription drugs and
6    commercially packaged legend drugs and devices), proper
7    and safe storage of drugs and devices, and maintenance of
8    required records.
9    A pharmacist who performs any of the acts defined as the
10practice of pharmacy in this State must be actively licensed as
11a pharmacist under this Act.
12    (e) "Prescription" means and includes any written, oral,
13facsimile, or electronically transmitted order for drugs or
14medical devices, issued by a physician licensed to practice
15medicine in all its branches, dentist, veterinarian, podiatric
16physician, or optometrist, within the limits of his or her
17license their licenses, by a physician assistant in accordance
18with subsection (f) of Section 4, or by an advanced practice
19registered nurse in accordance with subsection (g) of Section
204, containing the following: (1) name of the patient; (2) date
21when prescription was issued; (3) name and strength of drug or
22description of the medical device prescribed; and (4) quantity;
23(5) directions for use; (6) prescriber's name, address, and
24signature; and (7) DEA registration number where required, for
25controlled substances. The prescription may, but is not
26required to, list the illness, disease, or condition for which

 

 

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1the drug or device is being prescribed. DEA registration
2numbers shall not be required on inpatient drug orders.
3    (f) "Person" means and includes a natural person,
4partnership, association, corporation, government entity, or
5any other legal entity.
6    (g) "Department" means the Department of Financial and
7Professional Regulation.
8    (h) "Board of Pharmacy" or "Board" means the State Board of
9Pharmacy of the Department of Financial and Professional
10Regulation.
11    (i) "Secretary" means the Secretary of Financial and
12Professional Regulation.
13    (j) "Drug product selection" means the interchange for a
14prescribed pharmaceutical product in accordance with Section
1525 of this Act and Section 3.14 of the Illinois Food, Drug and
16Cosmetic Act.
17    (k) "Inpatient drug order" means an order issued by an
18authorized prescriber for a resident or patient of a facility
19licensed under the Nursing Home Care Act, the ID/DD Community
20Care Act, the MC/DD Act, the Specialized Mental Health
21Rehabilitation Act of 2013, the Hospital Licensing Act, or the
22University of Illinois Hospital Act "An Act in relation to the
23founding and operation of the University of Illinois Hospital
24and the conduct of University of Illinois health care
25programs", approved July 3, 1931, as amended, or a facility
26which is operated by the Department of Human Services (as

 

 

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1successor to the Department of Mental Health and Developmental
2Disabilities) or the Department of Corrections.
3    (k-5) "Pharmacist" means an individual health care
4professional and provider currently licensed by this State to
5engage in the practice of pharmacy.
6    (l) "Pharmacist in charge" means the licensed pharmacist
7whose name appears on a pharmacy license and who is responsible
8for all aspects of the operation related to the practice of
9pharmacy.
10    (m) "Dispense" or "dispensing" means the interpretation,
11evaluation, and implementation of a prescription drug order,
12including the preparation and delivery of a drug or device to a
13patient or patient's agent in a suitable container
14appropriately labeled for subsequent administration to or use
15by a patient in accordance with applicable State and federal
16laws and regulations. "Dispense" or "dispensing" does not mean
17the physical delivery to a patient or a patient's
18representative in a home or institution by a designee of a
19pharmacist or by common carrier. "Dispense" or "dispensing"
20also does not mean the physical delivery of a drug or medical
21device to a patient or patient's representative by a
22pharmacist's designee within a pharmacy or drugstore while the
23pharmacist is on duty and the pharmacy is open.
24    (n) "Nonresident pharmacy" means a pharmacy that is located
25in a state, commonwealth, or territory of the United States,
26other than Illinois, that delivers, dispenses, or distributes,

 

 

HB5447 Enrolled- 1360 -LRB100 16294 AMC 31417 b

1through the United States Postal Service, commercially
2acceptable parcel delivery service, or other common carrier, to
3Illinois residents, any substance which requires a
4prescription.
5    (o) "Compounding" means the preparation and mixing of
6components, excluding flavorings, (1) as the result of a
7prescriber's prescription drug order or initiative based on the
8prescriber-patient-pharmacist relationship in the course of
9professional practice or (2) for the purpose of, or incident
10to, research, teaching, or chemical analysis and not for sale
11or dispensing. "Compounding" includes the preparation of drugs
12or devices in anticipation of receiving prescription drug
13orders based on routine, regularly observed dispensing
14patterns. Commercially available products may be compounded
15for dispensing to individual patients only if all of the
16following conditions are met: (i) the commercial product is not
17reasonably available from normal distribution channels in a
18timely manner to meet the patient's needs and (ii) the
19prescribing practitioner has requested that the drug be
20compounded.
21    (p) (Blank).
22    (q) (Blank).
23    (r) "Patient counseling" means the communication between a
24pharmacist or a student pharmacist under the supervision of a
25pharmacist and a patient or the patient's representative about
26the patient's medication or device for the purpose of

 

 

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1optimizing proper use of prescription medications or devices.
2"Patient counseling" may include without limitation (1)
3obtaining a medication history; (2) acquiring a patient's
4allergies and health conditions; (3) facilitation of the
5patient's understanding of the intended use of the medication;
6(4) proper directions for use; (5) significant potential
7adverse events; (6) potential food-drug interactions; and (7)
8the need to be compliant with the medication therapy. A
9pharmacy technician may only participate in the following
10aspects of patient counseling under the supervision of a
11pharmacist: (1) obtaining medication history; (2) providing
12the offer for counseling by a pharmacist or student pharmacist;
13and (3) acquiring a patient's allergies and health conditions.
14    (s) "Patient profiles" or "patient drug therapy record"
15means the obtaining, recording, and maintenance of patient
16prescription information, including prescriptions for
17controlled substances, and personal information.
18    (t) (Blank).
19    (u) "Medical device" or "device" means an instrument,
20apparatus, implement, machine, contrivance, implant, in vitro
21reagent, or other similar or related article, including any
22component part or accessory, required under federal law to bear
23the label "Caution: Federal law requires dispensing by or on
24the order of a physician". A seller of goods and services who,
25only for the purpose of retail sales, compounds, sells, rents,
26or leases medical devices shall not, by reasons thereof, be

 

 

HB5447 Enrolled- 1362 -LRB100 16294 AMC 31417 b

1required to be a licensed pharmacy.
2    (v) "Unique identifier" means an electronic signature,
3handwritten signature or initials, thumb print, or other
4acceptable biometric or electronic identification process as
5approved by the Department.
6    (w) "Current usual and customary retail price" means the
7price that a pharmacy charges to a non-third-party payor.
8    (x) "Automated pharmacy system" means a mechanical system
9located within the confines of the pharmacy or remote location
10that performs operations or activities, other than compounding
11or administration, relative to storage, packaging, dispensing,
12or distribution of medication, and which collects, controls,
13and maintains all transaction information.
14    (y) "Drug regimen review" means and includes the evaluation
15of prescription drug orders and patient records for (1) known
16allergies; (2) drug or potential therapy contraindications;
17(3) reasonable dose, duration of use, and route of
18administration, taking into consideration factors such as age,
19gender, and contraindications; (4) reasonable directions for
20use; (5) potential or actual adverse drug reactions; (6)
21drug-drug interactions; (7) drug-food interactions; (8)
22drug-disease contraindications; (9) therapeutic duplication;
23(10) patient laboratory values when authorized and available;
24(11) proper utilization (including over or under utilization)
25and optimum therapeutic outcomes; and (12) abuse and misuse.
26    (z) "Electronically transmitted prescription" means a

 

 

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1prescription that is created, recorded, or stored by electronic
2means; issued and validated with an electronic signature; and
3transmitted by electronic means directly from the prescriber to
4a pharmacy. An electronic prescription is not an image of a
5physical prescription that is transferred by electronic means
6from computer to computer, facsimile to facsimile, or facsimile
7to computer.
8    (aa) "Medication therapy management services" means a
9distinct service or group of services offered by licensed
10pharmacists, physicians licensed to practice medicine in all
11its branches, advanced practice registered nurses authorized
12in a written agreement with a physician licensed to practice
13medicine in all its branches, or physician assistants
14authorized in guidelines by a supervising physician that
15optimize therapeutic outcomes for individual patients through
16improved medication use. In a retail or other non-hospital
17pharmacy, medication therapy management services shall consist
18of the evaluation of prescription drug orders and patient
19medication records to resolve conflicts with the following:
20        (1) known allergies;
21        (2) drug or potential therapy contraindications;
22        (3) reasonable dose, duration of use, and route of
23    administration, taking into consideration factors such as
24    age, gender, and contraindications;
25        (4) reasonable directions for use;
26        (5) potential or actual adverse drug reactions;

 

 

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1        (6) drug-drug interactions;
2        (7) drug-food interactions;
3        (8) drug-disease contraindications;
4        (9) identification of therapeutic duplication;
5        (10) patient laboratory values when authorized and
6    available;
7        (11) proper utilization (including over or under
8    utilization) and optimum therapeutic outcomes; and
9        (12) drug abuse and misuse.
10    "Medication therapy management services" includes the
11following:
12        (1) documenting the services delivered and
13    communicating the information provided to patients'
14    prescribers within an appropriate time frame, not to exceed
15    48 hours;
16        (2) providing patient counseling designed to enhance a
17    patient's understanding and the appropriate use of his or
18    her medications; and
19        (3) providing information, support services, and
20    resources designed to enhance a patient's adherence with
21    his or her prescribed therapeutic regimens.
22    "Medication therapy management services" may also include
23patient care functions authorized by a physician licensed to
24practice medicine in all its branches for his or her identified
25patient or groups of patients under specified conditions or
26limitations in a standing order from the physician.

 

 

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1    "Medication therapy management services" in a licensed
2hospital may also include the following:
3        (1) reviewing assessments of the patient's health
4    status; and
5        (2) following protocols of a hospital pharmacy and
6    therapeutics committee with respect to the fulfillment of
7    medication orders.
8    (bb) "Pharmacist care" means the provision by a pharmacist
9of medication therapy management services, with or without the
10dispensing of drugs or devices, intended to achieve outcomes
11that improve patient health, quality of life, and comfort and
12enhance patient safety.
13    (cc) "Protected health information" means individually
14identifiable health information that, except as otherwise
15provided, is:
16        (1) transmitted by electronic media;
17        (2) maintained in any medium set forth in the
18    definition of "electronic media" in the federal Health
19    Insurance Portability and Accountability Act; or
20        (3) transmitted or maintained in any other form or
21    medium.
22    "Protected health information" does not include
23individually identifiable health information found in:
24        (1) education records covered by the federal Family
25    Educational Right and Privacy Act; or
26        (2) employment records held by a licensee in its role

 

 

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1    as an employer.
2    (dd) "Standing order" means a specific order for a patient
3or group of patients issued by a physician licensed to practice
4medicine in all its branches in Illinois.
5    (ee) "Address of record" means the designated address
6recorded by the Department in the applicant's application file
7or licensee's license file maintained by the Department's
8licensure maintenance unit.
9    (ff) "Home pharmacy" means the location of a pharmacy's
10primary operations.
11    (gg) "Email address of record" means the designated email
12address recorded by the Department in the applicant's
13application file or the licensee's license file, as maintained
14by the Department's licensure maintenance unit.
15(Source: P.A. 99-180, eff. 7-29-15; 100-208, eff. 1-1-18;
16100-497, eff. 9-8-17; 100-513, eff. 1-1-18; revised 9-29-17.)
 
17    (225 ILCS 85/4)  (from Ch. 111, par. 4124)
18    (Section scheduled to be repealed on January 1, 2020)
19    Sec. 4. Exemptions. Nothing contained in any Section of
20this Act shall apply to, or in any manner interfere with:
21        (a) the lawful practice of any physician licensed to
22    practice medicine in all of its branches, dentist,
23    podiatric physician, veterinarian, or therapeutically or
24    diagnostically certified optometrist within the limits of
25    his or her license, or prevent him or her from supplying to

 

 

HB5447 Enrolled- 1367 -LRB100 16294 AMC 31417 b

1    his or her bona fide patients such drugs, medicines, or
2    poisons as may seem to him appropriate;
3        (b) the sale of compressed gases;
4        (c) the sale of patent or proprietary medicines and
5    household remedies when sold in original and unbroken
6    packages only, if such patent or proprietary medicines and
7    household remedies be properly and adequately labeled as to
8    content and usage and generally considered and accepted as
9    harmless and nonpoisonous when used according to the
10    directions on the label, and also do not contain opium or
11    coca leaves, or any compound, salt or derivative thereof,
12    or any drug which, according to the latest editions of the
13    following authoritative pharmaceutical treatises and
14    standards, namely, The United States
15    Pharmacopoeia/National Formulary (USP/NF), the United
16    States Dispensatory, and the Accepted Dental Remedies of
17    the Council of Dental Therapeutics of the American Dental
18    Association or any or either of them, in use on the
19    effective date of this Act, or according to the existing
20    provisions of the Federal Food, Drug, and Cosmetic Act and
21    Regulations of the Department of Health and Human Services,
22    Food and Drug Administration, promulgated thereunder now
23    in effect, is designated, described or considered as a
24    narcotic, hypnotic, habit forming, dangerous, or poisonous
25    drug;
26        (d) the sale of poultry and livestock remedies in

 

 

HB5447 Enrolled- 1368 -LRB100 16294 AMC 31417 b

1    original and unbroken packages only, labeled for poultry
2    and livestock medication;
3        (e) the sale of poisonous substances or mixture of
4    poisonous substances, in unbroken packages, for
5    nonmedicinal use in the arts or industries or for
6    insecticide purposes; provided, they are properly and
7    adequately labeled as to content and such nonmedicinal
8    usage, in conformity with the provisions of all applicable
9    federal, state and local laws and regulations promulgated
10    thereunder now in effect relating thereto and governing the
11    same, and those which are required under such applicable
12    laws and regulations to be labeled with the word "Poison",
13    are also labeled with the word "Poison" printed thereon in
14    prominent type and the name of a readily obtainable
15    antidote with directions for its administration;
16        (f) the delegation of limited prescriptive authority
17    by a physician licensed to practice medicine in all its
18    branches to a physician assistant under Section 7.5 of the
19    Physician Assistant Practice Act of 1987. This delegated
20    authority under Section 7.5 of the Physician Assistant
21    Practice Act of 1987 may, but is not required to, include
22    prescription of controlled substances, as defined in
23    Article II of the Illinois Controlled Substances Act, in
24    accordance with a written supervision agreement;
25        (g) the delegation of prescriptive authority by a
26    physician licensed to practice medicine in all its branches

 

 

HB5447 Enrolled- 1369 -LRB100 16294 AMC 31417 b

1    or a licensed podiatric physician to an advanced practice
2    registered nurse in accordance with a written
3    collaborative agreement under Sections 65-35 and 65-40 of
4    the Nurse Practice Act; and
5        (h) the sale or distribution of dialysate or devices
6    necessary to perform home peritoneal renal dialysis for
7    patients with end-stage renal disease, provided that all of
8    the following conditions are met:
9            (1) the dialysate, comprised of dextrose or
10        icodextrin, or devices are approved or cleared by the
11        federal Food and Drug Administration, as required by
12        federal law;
13            (2) the dialysate or devices are lawfully held by a
14        manufacturer or the manufacturer's agent, which is
15        properly registered with the Board as a manufacturer or
16        wholesaler;
17            (3) the dialysate or devices are held and delivered
18        to the manufacturer or the manufacturer's agent in the
19        original, sealed packaging from the manufacturing
20        facility;
21            (4) the dialysate or devices are delivered only
22        upon receipt of a physician's prescription by a
23        licensed pharmacy in which the prescription is
24        processed in accordance with provisions set forth in
25        this Act, and the transmittal of an order from the
26        licensed pharmacy to the manufacturer or the

 

 

HB5447 Enrolled- 1370 -LRB100 16294 AMC 31417 b

1        manufacturer's agent; and
2            (5) the manufacturer or the manufacturer's agent
3        delivers the dialysate or devices directly to: (i) a
4        patient with end-stage renal disease, or his or her
5        designee, for the patient's self-administration of the
6        dialysis therapy or (ii) a health care provider or
7        institution for administration or delivery of the
8        dialysis therapy to a patient with end-stage renal
9        disease.
10        This paragraph (h) does not include any other drugs for
11    peritoneal dialysis, except dialysate, as described in
12    item (1) of this paragraph (h). All records of sales and
13    distribution of dialysate to patients made pursuant to this
14    paragraph (h) must be retained in accordance with Section
15    18 of this Act.
16(Source: P.A. 100-218, eff. 8-18-17; 100-513, eff. 1-1-18;
17revised 9-29-17.)
 
18    Section 395. The Illinois Physical Therapy Act is amended
19by changing Section 1 as follows:
 
20    (225 ILCS 90/1)  (from Ch. 111, par. 4251)
21    (Section scheduled to be repealed on January 1, 2026)
22    Sec. 1. Definitions. As used in this Act:
23    (1) "Physical therapy" means all of the following:
24        (A) Examining, evaluating, and testing individuals who

 

 

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1    may have mechanical, physiological, or developmental
2    impairments, functional limitations, disabilities, or
3    other health and movement-related conditions, classifying
4    these disorders, determining a rehabilitation prognosis
5    and plan of therapeutic intervention, and assessing the
6    ongoing on-going effects of the interventions.
7        (B) Alleviating impairments, functional limitations,
8    or disabilities by designing, implementing, and modifying
9    therapeutic interventions that may include, but are not
10    limited to, the evaluation or treatment of a person through
11    the use of the effective properties of physical measures
12    and heat, cold, light, water, radiant energy, electricity,
13    sound, and air and use of therapeutic massage, therapeutic
14    exercise, mobilization, and rehabilitative procedures,
15    with or without assistive devices, for the purposes of
16    preventing, correcting, or alleviating a physical or
17    mental impairment, functional limitation, or disability.
18        (C) Reducing the risk of injury, impairment,
19    functional limitation, or disability, including the
20    promotion and maintenance of fitness, health, and
21    wellness.
22        (D) Engaging in administration, consultation,
23    education, and research.
24    "Physical therapy" includes, but is not limited to: (a)
25performance of specialized tests and measurements, (b)
26administration of specialized treatment procedures, (c)

 

 

HB5447 Enrolled- 1372 -LRB100 16294 AMC 31417 b

1interpretation of referrals from physicians, dentists,
2advanced practice registered nurses, physician assistants, and
3podiatric physicians, (d) establishment, and modification of
4physical therapy treatment programs, (e) administration of
5topical medication used in generally accepted physical therapy
6procedures when such medication is either prescribed by the
7patient's physician, licensed to practice medicine in all its
8branches, the patient's physician licensed to practice
9podiatric medicine, the patient's advanced practice registered
10nurse, the patient's physician assistant, or the patient's
11dentist or used following the physician's orders or written
12instructions, (f) supervision or teaching of physical therapy,
13and (g) dry needling in accordance with Section 1.5. "Physical
14therapy" does not include radiology, electrosurgery,
15chiropractic technique or determination of a differential
16diagnosis; provided, however, the limitation on determining a
17differential diagnosis shall not in any manner limit a physical
18therapist licensed under this Act from performing an evaluation
19pursuant to such license. Nothing in this Section shall limit a
20physical therapist from employing appropriate physical therapy
21techniques that he or she is educated and licensed to perform.
22A physical therapist shall refer to a licensed physician,
23advanced practice registered nurse, physician assistant,
24dentist, podiatric physician, other physical therapist, or
25other health care provider any patient whose medical condition
26should, at the time of evaluation or treatment, be determined

 

 

HB5447 Enrolled- 1373 -LRB100 16294 AMC 31417 b

1to be beyond the scope of practice of the physical therapist.
2    (2) "Physical therapist" means a person who practices
3physical therapy and who has met all requirements as provided
4in this Act.
5    (3) "Department" means the Department of Professional
6Regulation.
7    (4) "Director" means the Director of Professional
8Regulation.
9    (5) "Board" means the Physical Therapy Licensing and
10Disciplinary Board approved by the Director.
11    (6) "Referral" means a written or oral authorization for
12physical therapy services for a patient by a physician,
13dentist, advanced practice registered nurse, physician
14assistant, or podiatric physician who maintains medical
15supervision of the patient and makes a diagnosis or verifies
16that the patient's condition is such that it may be treated by
17a physical therapist.
18    (7) "Documented current and relevant diagnosis" for the
19purpose of this Act means a diagnosis, substantiated by
20signature or oral verification of a physician, dentist,
21advanced practice registered nurse, physician assistant, or
22podiatric physician, that a patient's condition is such that it
23may be treated by physical therapy as defined in this Act,
24which diagnosis shall remain in effect until changed by the
25physician, dentist, advanced practice registered nurse,
26physician assistant, or podiatric physician.

 

 

HB5447 Enrolled- 1374 -LRB100 16294 AMC 31417 b

1    (8) "State" includes:
2        (a) the states of the United States of America;
3        (b) the District of Columbia; and
4        (c) the Commonwealth of Puerto Rico.
5    (9) "Physical therapist assistant" means a person licensed
6to assist a physical therapist and who has met all requirements
7as provided in this Act and who works under the supervision of
8a licensed physical therapist to assist in implementing the
9physical therapy treatment program as established by the
10licensed physical therapist. The patient care activities
11provided by the physical therapist assistant shall not include
12the interpretation of referrals, evaluation procedures, or the
13planning or major modification of patient programs.
14    (10) "Physical therapy aide" means a person who has
15received on the job training, specific to the facility in which
16he is employed.
17    (11) "Advanced practice registered nurse" means a person
18licensed as an advanced practice registered nurse under the
19Nurse Practice Act.
20    (12) "Physician assistant" means a person licensed under
21the Physician Assistant Practice Act of 1987.
22(Source: P.A. 99-173, eff. 7-29-15; 99-229, eff. 8-3-15;
2399-642, eff. 7-28-16; 100-201, eff. 8-18-17; 100-418, eff.
248-25-17; 100-513, eff. 1-1-18; revised 9-29-17.)
 
25    Section 400. The Boiler and Pressure Vessel Repairer

 

 

HB5447 Enrolled- 1375 -LRB100 16294 AMC 31417 b

1Regulation Act is amended by changing Section 90 as follows:
 
2    (225 ILCS 203/90)
3    (Section scheduled to be repealed on January 1, 2027)
4    Sec. 90. Penalties. (a) Any natural person who violates any
5of the following provisions shall be guilty of a Class A
6misdemeanor for the first offense and a corporation or other
7business entity that violates any of the following provision
8commits a business offense punishable by a fine of up to
9$1,000:
10        (1) Practicing or attempting to practice as a boiler
11    and pressure vessel repairer without a license;
12        (2) Obtaining or attempting to obtain a license,
13    practice or business, or any other thing of value by
14    fraudulent representation;
15        (3) Permitting, directing, or authorizing any person
16    in one's employ or under one's direction or supervision to
17    work or serve as a licensee if that individual does not
18    possess an appropriate valid license.
19    Whenever any person is punished as a repeat offender under
20this Section, the State Fire Marshal or the Board may proceed
21to obtain a permanent injunction against the person under
22Section 10.
23    If any person in making any oath or affidavit required by
24this Act swears falsely, such person is guilty of perjury and
25upon conviction thereof may be punished accordingly.

 

 

HB5447 Enrolled- 1376 -LRB100 16294 AMC 31417 b

1    A natural person who violates any Section of this Act other
2than this Section shall be guilty of a Class A misdemeanor for
3the first offense, and a corporation or other business entity
4that violates any Section of this Act commits a business
5offense punishable by a fine of up to $1,000 $1000 for the
6first offense.
7    Second or subsequent offenses in violation of any Section
8of this Act, including this Section, are Class 4 felonies if
9committed by a natural person, or a business offense punishable
10by a fine of up to $5,000 if committed by a corporation or
11other business entity.
12(Source: P.A. 89-467, eff. 1-1-97; revised 11-8-17.)
 
13    Section 405. The Illinois Landscape Architecture Act of
141989 is amended by changing Section 29 as follows:
 
15    (225 ILCS 315/29)  (from Ch. 111, par. 8129)
16    (Section scheduled to be repealed on January 1, 2020)
17    Sec. 29. Administrative Review Law; venue. (a) All final
18administrative decisions of the Department are subject to
19judicial review under the Administrative Review Law, and its
20rules. The term "administrative decision" is defined as in
21Section 3-101 of the Code of Civil Procedure.
22    Proceedings for judicial review shall be commenced in the
23circuit court of the county in which the party applying for
24review resides, but if the party is not a resident of this

 

 

HB5447 Enrolled- 1377 -LRB100 16294 AMC 31417 b

1State, the venue shall be in Sangamon County.
2(Source: P.A. 88-363; revised 11-8-17.)
 
3    Section 410. The Illinois Professional Land Surveyor Act of
41989 is amended by changing Section 13 as follows:
 
5    (225 ILCS 330/13)  (from Ch. 111, par. 3263)
6    (Section scheduled to be repealed on January 1, 2020)
7    Sec. 13. Minimum standards for enrollment as a Surveyor
8Intern.. To enroll as a Surveyor Intern, an applicant must be:
9        (1) a graduate of an approved land surveying curriculum
10    of at least 4 years who has passed an examination in the
11    fundamentals of surveying, as defined by rule;
12        (2) an applicant in the last year of an approved land
13    surveying or related science curriculum who passes an
14    examination in the fundamentals of surveying, as defined by
15    rule, and furnishes proof that the applicant graduated
16    within a 12-month period following the examination; or
17        (3) a graduate of a baccalaureate curriculum of at
18    least 4 years, including at least 24 semester hours of land
19    surveying courses from an approved land surveying
20    curriculum and the related science courses, as defined by
21    rule, who passes an examination in the fundamentals of
22    surveying, as defined by rule.
23(Source: P.A. 100-171, eff. 1-1-18; revised 9-29-17.)
 

 

 

HB5447 Enrolled- 1378 -LRB100 16294 AMC 31417 b

1    Section 415. The Collection Agency Act is amended by
2changing Section 9.22 as follows:
 
3    (225 ILCS 425/9.22)  (from Ch. 111, par. 2034)
4    (Section scheduled to be repealed on January 1, 2026)
5    Sec. 9.22. Illinois Administrative Procedure Act. The
6Illinois Administrative Procedure Act is hereby expressly
7adopted and incorporated herein as if all of the provisions of
8that Act were included in this Act, except that the provision
9of subsection (d) of Section 10-65 of the Illinois
10Administrative Procedure Act that provides that at hearings the
11licensee has the right to show compliance with all lawful
12requirements for retention, continuation or renewal of the
13license is specifically excluded. For the purposes of this Act
14the notice required under Section 10-25 of the Illinois
15Administrative Procedure Act is deemed sufficient when mailed
16or emailed to the applicant or licensee at the address of
17record or email address of record.
18(Source: P.A. 99-227, eff. 8-3-15; 100-132, eff. 8-18-17;
19revised 9-29-17.)
 
20    Section 420. The Real Estate License Act of 2000 is amended
21by changing Sections 1-10 and 20-20 as follows:
 
22    (225 ILCS 454/1-10)
23    (Section scheduled to be repealed on January 1, 2020)

 

 

HB5447 Enrolled- 1379 -LRB100 16294 AMC 31417 b

1    Sec. 1-10. Definitions. In this Act, unless the context
2otherwise requires:
3    "Act" means the Real Estate License Act of 2000.
4    "Address of record" means the designated address recorded
5by the Department in the applicant's or licensee's application
6file or license file as maintained by the Department's
7licensure maintenance unit. It is the duty of the applicant or
8licensee to inform the Department of any change of address, and
9those changes must be made either through the Department's
10website or by contacting the Department.
11    "Agency" means a relationship in which a broker or
12licensee, whether directly or through an affiliated licensee,
13represents a consumer by the consumer's consent, whether
14express or implied, in a real property transaction.
15    "Applicant" means any person, as defined in this Section,
16who applies to the Department for a valid license as a managing
17broker, broker, or leasing agent.
18    "Blind advertisement" means any real estate advertisement
19that does not include the sponsoring broker's business name and
20that is used by any licensee regarding the sale or lease of
21real estate, including his or her own, licensed activities, or
22the hiring of any licensee under this Act. The broker's
23business name in the case of a franchise shall include the
24franchise affiliation as well as the name of the individual
25firm.
26    "Board" means the Real Estate Administration and

 

 

HB5447 Enrolled- 1380 -LRB100 16294 AMC 31417 b

1Disciplinary Board of the Department as created by Section
225-10 of this Act.
3    "Branch office" means a sponsoring broker's office other
4than the sponsoring broker's principal office.
5    "Broker" means an individual, partnership, limited
6liability company, corporation, or registered limited
7liability partnership other than a leasing agent who, whether
8in person or through any media or technology, for another and
9for compensation, or with the intention or expectation of
10receiving compensation, either directly or indirectly:
11        (1) Sells, exchanges, purchases, rents, or leases real
12    estate.
13        (2) Offers to sell, exchange, purchase, rent, or lease
14    real estate.
15        (3) Negotiates, offers, attempts, or agrees to
16    negotiate the sale, exchange, purchase, rental, or leasing
17    of real estate.
18        (4) Lists, offers, attempts, or agrees to list real
19    estate for sale, rent, lease, or exchange.
20        (5) Buys, sells, offers to buy or sell, or otherwise
21    deals in options on real estate or improvements thereon.
22        (6) Supervises the collection, offer, attempt, or
23    agreement to collect rent for the use of real estate.
24        (7) Advertises or represents himself or herself as
25    being engaged in the business of buying, selling,
26    exchanging, renting, or leasing real estate.

 

 

HB5447 Enrolled- 1381 -LRB100 16294 AMC 31417 b

1        (8) Assists or directs in procuring or referring of
2    leads or prospects, intended to result in the sale,
3    exchange, lease, or rental of real estate.
4        (9) Assists or directs in the negotiation of any
5    transaction intended to result in the sale, exchange,
6    lease, or rental of real estate.
7        (10) Opens real estate to the public for marketing
8    purposes.
9        (11) Sells, rents, leases, or offers for sale or lease
10    real estate at auction.
11        (12) Prepares or provides a broker price opinion or
12    comparative market analysis as those terms are defined in
13    this Act, pursuant to the provisions of Section 10-45 of
14    this Act.
15    "Brokerage agreement" means a written or oral agreement
16between a sponsoring broker and a consumer for licensed
17activities to be provided to a consumer in return for
18compensation or the right to receive compensation from another.
19Brokerage agreements may constitute either a bilateral or a
20unilateral agreement between the broker and the broker's client
21depending upon the content of the brokerage agreement. All
22exclusive brokerage agreements shall be in writing.
23    "Broker price opinion" means an estimate or analysis of the
24probable selling price of a particular interest in real estate,
25which may provide a varying level of detail about the
26property's condition, market, and neighborhood and information

 

 

HB5447 Enrolled- 1382 -LRB100 16294 AMC 31417 b

1on comparable sales. The activities of a real estate broker or
2managing broker engaging in the ordinary course of business as
3a broker, as defined in this Section, shall not be considered a
4broker price opinion if no compensation is paid to the broker
5or managing broker, other than compensation based upon the sale
6or rental of real estate.
7    "Client" means a person who is being represented by a
8licensee.
9    "Comparative market analysis" is an analysis or opinion
10regarding pricing, marketing, or financial aspects relating to
11a specified interest or interests in real estate that may be
12based upon an analysis of comparative market data, the
13expertise of the real estate broker or managing broker, and
14such other factors as the broker or managing broker may deem
15appropriate in developing or preparing such analysis or
16opinion. The activities of a real estate broker or managing
17broker engaging in the ordinary course of business as a broker,
18as defined in this Section, shall not be considered a
19comparative market analysis if no compensation is paid to the
20broker or managing broker, other than compensation based upon
21the sale or rental of real estate.
22    "Compensation" means the valuable consideration given by
23one person or entity to another person or entity in exchange
24for the performance of some activity or service. Compensation
25shall include the transfer of valuable consideration,
26including without limitation the following:

 

 

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1        (1) commissions;
2        (2) referral fees;
3        (3) bonuses;
4        (4) prizes;
5        (5) merchandise;
6        (6) finder fees;
7        (7) performance of services;
8        (8) coupons or gift certificates;
9        (9) discounts;
10        (10) rebates;
11        (11) a chance to win a raffle, drawing, lottery, or
12    similar game of chance not prohibited by any other law or
13    statute;
14        (12) retainer fee; or
15        (13) salary.
16    "Confidential information" means information obtained by a
17licensee from a client during the term of a brokerage agreement
18that (i) was made confidential by the written request or
19written instruction of the client, (ii) deals with the
20negotiating position of the client, or (iii) is information the
21disclosure of which could materially harm the negotiating
22position of the client, unless at any time:
23        (1) the client permits the disclosure of information
24    given by that client by word or conduct;
25        (2) the disclosure is required by law; or
26        (3) the information becomes public from a source other

 

 

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1    than the licensee.
2    "Confidential information" shall not be considered to
3include material information about the physical condition of
4the property.
5    "Consumer" means a person or entity seeking or receiving
6licensed activities.
7    "Coordinator" means the Coordinator of Real Estate created
8in Section 25-15 of this Act.
9    "Credit hour" means 50 minutes of classroom instruction in
10course work that meets the requirements set forth in rules
11adopted by the Department.
12    "Customer" means a consumer who is not being represented by
13the licensee but for whom the licensee is performing
14ministerial acts.
15    "Department" means the Department of Financial and
16Professional Regulation.
17    "Designated agency" means a contractual relationship
18between a sponsoring broker and a client under Section 15-50 of
19this Act in which one or more licensees associated with or
20employed by the broker are designated as agent of the client.
21    "Designated agent" means a sponsored licensee named by a
22sponsoring broker as the legal agent of a client, as provided
23for in Section 15-50 of this Act.
24    "Dual agency" means an agency relationship in which a
25licensee is representing both buyer and seller or both landlord
26and tenant in the same transaction. When the agency

 

 

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1relationship is a designated agency, the question of whether
2there is a dual agency shall be determined by the agency
3relationships of the designated agent of the parties and not of
4the sponsoring broker.
5    "Education provider" means a school licensed by the
6Department offering courses in pre-license, post-license, or
7continuing education required by this Act.
8    "Employee" or other derivative of the word "employee", when
9used to refer to, describe, or delineate the relationship
10between a sponsoring broker and a managing broker, broker, or a
11leasing agent, shall be construed to include an independent
12contractor relationship, provided that a written agreement
13exists that clearly establishes and states the relationship.
14All responsibilities of a broker shall remain.
15    "Escrow moneys" means all moneys, promissory notes or any
16other type or manner of legal tender or financial consideration
17deposited with any person for the benefit of the parties to the
18transaction. A transaction exists once an agreement has been
19reached and an accepted real estate contract signed or lease
20agreed to by the parties. Escrow moneys includes without
21limitation earnest moneys and security deposits, except those
22security deposits in which the person holding the security
23deposit is also the sole owner of the property being leased and
24for which the security deposit is being held.
25    "Electronic means of proctoring" means a methodology
26providing assurance that the person taking a test and

 

 

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1completing the answers to questions is the person seeking
2licensure or credit for continuing education and is doing so
3without the aid of a third party or other device.
4    "Exclusive brokerage agreement" means a written brokerage
5agreement that provides that the sponsoring broker has the sole
6right, through one or more sponsored licensees, to act as the
7exclusive designated agent or representative of the client and
8that meets the requirements of Section 15-75 of this Act.
9    "Inoperative" means a status of licensure where the
10licensee holds a current license under this Act, but the
11licensee is prohibited from engaging in licensed activities
12because the licensee is unsponsored or the license of the
13sponsoring broker with whom the licensee is associated or by
14whom he or she is employed is currently expired, revoked,
15suspended, or otherwise rendered invalid under this Act.
16    "Interactive delivery method" means delivery of a course by
17an instructor through a medium allowing for 2-way communication
18between the instructor and a student in which either can
19initiate or respond to questions.
20    "Leads" means the name or names of a potential buyer,
21seller, lessor, lessee, or client of a licensee.
22    "Leasing Agent" means a person who is employed by a broker
23to engage in licensed activities limited to leasing residential
24real estate who has obtained a license as provided for in
25Section 5-5 of this Act.
26    "License" means the document issued by the Department

 

 

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1certifying that the person named thereon has fulfilled all
2requirements prerequisite to licensure under this Act.
3    "Licensed activities" means those activities listed in the
4definition of "broker" under this Section.
5    "Licensee" means any person, as defined in this Section,
6who holds a valid unexpired license as a managing broker,
7broker, or leasing agent.
8    "Listing presentation" means a communication between a
9managing broker or broker and a consumer in which the licensee
10is attempting to secure a brokerage agreement with the consumer
11to market the consumer's real estate for sale or lease.
12    "Managing broker" means a broker who has supervisory
13responsibilities for licensees in one or, in the case of a
14multi-office company, more than one office and who has been
15appointed as such by the sponsoring broker.
16    "Medium of advertising" means any method of communication
17intended to influence the general public to use or purchase a
18particular good or service or real estate.
19    "Ministerial acts" means those acts that a licensee may
20perform for a consumer that are informative or clerical in
21nature and do not rise to the level of active representation on
22behalf of a consumer. Examples of these acts include without
23limitation (i) responding to phone inquiries by consumers as to
24the availability and pricing of brokerage services, (ii)
25responding to phone inquiries from a consumer concerning the
26price or location of property, (iii) attending an open house

 

 

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1and responding to questions about the property from a consumer,
2(iv) setting an appointment to view property, (v) responding to
3questions of consumers walking into a licensee's office
4concerning brokerage services offered or particular
5properties, (vi) accompanying an appraiser, inspector,
6contractor, or similar third party on a visit to a property,
7(vii) describing a property or the property's condition in
8response to a consumer's inquiry, (viii) completing business or
9factual information for a consumer on an offer or contract to
10purchase on behalf of a client, (ix) showing a client through a
11property being sold by an owner on his or her own behalf, or
12(x) referral to another broker or service provider.
13    "Office" means a broker's place of business where the
14general public is invited to transact business and where
15records may be maintained and licenses displayed, whether or
16not it is the broker's principal place of business.
17    "Person" means and includes individuals, entities,
18corporations, limited liability companies, registered limited
19liability partnerships, and partnerships, foreign or domestic,
20except that when the context otherwise requires, the term may
21refer to a single individual or other described entity.
22    "Personal assistant" means a licensed or unlicensed person
23who has been hired for the purpose of aiding or assisting a
24sponsored licensee in the performance of the sponsored
25licensee's job.
26    "Pocket card" means the card issued by the Department to

 

 

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1signify that the person named on the card is currently licensed
2under this Act.
3    "Pre-renewal period" means the period between the date of
4issue of a currently valid license and the license's expiration
5date.
6    "Proctor" means any person, including, but not limited to,
7an instructor, who has a written agreement to administer
8examinations fairly and impartially with a licensed education
9provider.
10    "Real estate" means and includes leaseholds as well as any
11other interest or estate in land, whether corporeal,
12incorporeal, freehold, or non-freehold and whether the real
13estate is situated in this State or elsewhere. "Real estate"
14does not include property sold, exchanged, or leased as a
15timeshare or similar vacation item or interest, vacation club
16membership, or other activity formerly regulated under the Real
17Estate Timeshare Act of 1999 (repealed).
18    "Regular employee" means a person working an average of 20
19hours per week for a person or entity who would be considered
20as an employee under the Internal Revenue Service eleven main
21tests in three categories being behavioral control, financial
22control and the type of relationship of the parties, formerly
23the twenty factor test.
24    "Secretary" means the Secretary of the Department of
25Financial and Professional Regulation, or a person authorized
26by the Secretary to act in the Secretary's stead.

 

 

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1    "Sponsoring broker" means the broker who has issued a
2sponsor card to a licensed managing broker, broker, or a
3leasing agent.
4    "Sponsor card" means the temporary permit issued by the
5sponsoring broker certifying that the managing broker, broker,
6or leasing agent named thereon is employed by or associated by
7written agreement with the sponsoring broker, as provided for
8in Section 5-40 of this Act.
9(Source: P.A. 99-227, eff. 8-3-15; 100-188, eff. 1-1-18;
10100-534, eff. 9-22-17; revised 10-2-17.)
 
11    (225 ILCS 454/20-20)
12    (Section scheduled to be repealed on January 1, 2020)
13    Sec. 20-20. Grounds for discipline.
14    (a) The Department may refuse to issue or renew a license,
15may place on probation, suspend, or revoke any license,
16reprimand, or take any other disciplinary or non-disciplinary
17action as the Department may deem proper and impose a fine not
18to exceed $25,000 upon any licensee or applicant under this Act
19or any person who holds himself or herself out as an applicant
20or licensee or against a licensee in handling his or her own
21property, whether held by deed, option, or otherwise, for any
22one or any combination of the following causes:
23        (1) Fraud or misrepresentation in applying for, or
24    procuring, a license under this Act or in connection with
25    applying for renewal of a license under this Act.

 

 

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1        (2) The conviction of or plea of guilty or plea of nolo
2    contendere to a felony or misdemeanor in this State or any
3    other jurisdiction; or the entry of an administrative
4    sanction by a government agency in this State or any other
5    jurisdiction. Action taken under this paragraph (2) for a
6    misdemeanor or an administrative sanction is limited to a
7    misdemeanor or administrative sanction that has as an
8    essential element dishonesty or fraud or involves larceny,
9    embezzlement, or obtaining money, property, or credit by
10    false pretenses or by means of a confidence game.
11        (3) Inability to practice the profession with
12    reasonable judgment, skill, or safety as a result of a
13    physical illness, including, but not limited to,
14    deterioration through the aging process or loss of motor
15    skill, or a mental illness or disability.
16        (4) Practice under this Act as a licensee in a retail
17    sales establishment from an office, desk, or space that is
18    not separated from the main retail business by a separate
19    and distinct area within the establishment.
20        (5) Having been disciplined by another state, the
21    District of Columbia, a territory, a foreign nation, or a
22    governmental agency authorized to impose discipline if at
23    least one of the grounds for that discipline is the same as
24    or the equivalent of one of the grounds for which a
25    licensee may be disciplined under this Act. A certified
26    copy of the record of the action by the other state or

 

 

HB5447 Enrolled- 1392 -LRB100 16294 AMC 31417 b

1    jurisdiction shall be prima facie evidence thereof.
2        (6) Engaging in the practice of real estate brokerage
3    without a license or after the licensee's license or
4    temporary permit was expired or while the license was
5    inoperative.
6        (7) Cheating on or attempting to subvert the Real
7    Estate License Exam or continuing education exam.
8        (8) Aiding or abetting an applicant to subvert or cheat
9    on the Real Estate License Exam or continuing education
10    exam administered pursuant to this Act.
11        (9) Advertising that is inaccurate, misleading, or
12    contrary to the provisions of the Act.
13        (10) Making any substantial misrepresentation or
14    untruthful advertising.
15        (11) Making any false promises of a character likely to
16    influence, persuade, or induce.
17        (12) Pursuing a continued and flagrant course of
18    misrepresentation or the making of false promises through
19    licensees, employees, agents, advertising, or otherwise.
20        (13) Any misleading or untruthful advertising, or
21    using any trade name or insignia of membership in any real
22    estate organization of which the licensee is not a member.
23        (14) Acting for more than one party in a transaction
24    without providing written notice to all parties for whom
25    the licensee acts.
26        (15) Representing or attempting to represent a broker

 

 

HB5447 Enrolled- 1393 -LRB100 16294 AMC 31417 b

1    other than the sponsoring broker.
2        (16) Failure to account for or to remit any moneys or
3    documents coming into his or her possession that belong to
4    others.
5        (17) Failure to maintain and deposit in a special
6    account, separate and apart from personal and other
7    business accounts, all escrow moneys belonging to others
8    entrusted to a licensee while acting as a broker, escrow
9    agent, or temporary custodian of the funds of others or
10    failure to maintain all escrow moneys on deposit in the
11    account until the transactions are consummated or
12    terminated, except to the extent that the moneys, or any
13    part thereof, shall be:
14            (A) disbursed prior to the consummation or
15        termination (i) in accordance with the written
16        direction of the principals to the transaction or their
17        duly authorized agents, (ii) in accordance with
18        directions providing for the release, payment, or
19        distribution of escrow moneys contained in any written
20        contract signed by the principals to the transaction or
21        their duly authorized agents, or (iii) pursuant to an
22        order of a court of competent jurisdiction; or
23            (B) deemed abandoned and transferred to the Office
24        of the State Treasurer to be handled as unclaimed
25        property pursuant to the Revised Uniform Unclaimed
26        Property Act. Escrow moneys may be deemed abandoned

 

 

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1        under this subparagraph (B) only: (i) in the absence of
2        disbursement under subparagraph (A); (ii) in the
3        absence of notice of the filing of any claim in a court
4        of competent jurisdiction; and (iii) if 6 months have
5        elapsed after the receipt of a written demand for the
6        escrow moneys from one of the principals to the
7        transaction or the principal's duly authorized agent.
8    The account shall be noninterest bearing, unless the
9    character of the deposit is such that payment of interest
10    thereon is otherwise required by law or unless the
11    principals to the transaction specifically require, in
12    writing, that the deposit be placed in an interest bearing
13    account.
14        (18) Failure to make available to the Department all
15    escrow records and related documents maintained in
16    connection with the practice of real estate within 24 hours
17    of a request for those documents by Department personnel.
18        (19) Failing to furnish copies upon request of
19    documents relating to a real estate transaction to a party
20    who has executed that document.
21        (20) Failure of a sponsoring broker to timely provide
22    information, sponsor cards, or termination of licenses to
23    the Department.
24        (21) Engaging in dishonorable, unethical, or
25    unprofessional conduct of a character likely to deceive,
26    defraud, or harm the public.

 

 

HB5447 Enrolled- 1395 -LRB100 16294 AMC 31417 b

1        (22) Commingling the money or property of others with
2    his or her own money or property.
3        (23) Employing any person on a purely temporary or
4    single deal basis as a means of evading the law regarding
5    payment of commission to nonlicensees on some contemplated
6    transactions.
7        (24) Permitting the use of his or her license as a
8    broker to enable a leasing agent or unlicensed person to
9    operate a real estate business without actual
10    participation therein and control thereof by the broker.
11        (25) Any other conduct, whether of the same or a
12    different character from that specified in this Section,
13    that constitutes dishonest dealing.
14        (26) Displaying a "for rent" or "for sale" sign on any
15    property without the written consent of an owner or his or
16    her duly authorized agent or advertising by any means that
17    any property is for sale or for rent without the written
18    consent of the owner or his or her authorized agent.
19        (27) Failing to provide information requested by the
20    Department, or otherwise respond to that request, within 30
21    days of the request.
22        (28) Advertising by means of a blind advertisement,
23    except as otherwise permitted in Section 10-30 of this Act.
24        (29) Offering guaranteed sales plans, as defined in
25    clause (A) of this subdivision (29), except to the extent
26    hereinafter set forth:

 

 

HB5447 Enrolled- 1396 -LRB100 16294 AMC 31417 b

1            (A) A "guaranteed sales plan" is any real estate
2        purchase or sales plan whereby a licensee enters into a
3        conditional or unconditional written contract with a
4        seller, prior to entering into a brokerage agreement
5        with the seller, by the terms of which a licensee
6        agrees to purchase a property of the seller within a
7        specified period of time at a specific price in the
8        event the property is not sold in accordance with the
9        terms of a brokerage agreement to be entered into
10        between the sponsoring broker and the seller.
11            (B) A licensee offering a guaranteed sales plan
12        shall provide the details and conditions of the plan in
13        writing to the party to whom the plan is offered.
14            (C) A licensee offering a guaranteed sales plan
15        shall provide to the party to whom the plan is offered
16        evidence of sufficient financial resources to satisfy
17        the commitment to purchase undertaken by the broker in
18        the plan.
19            (D) Any licensee offering a guaranteed sales plan
20        shall undertake to market the property of the seller
21        subject to the plan in the same manner in which the
22        broker would market any other property, unless the
23        agreement with the seller provides otherwise.
24            (E) The licensee cannot purchase seller's property
25        until the brokerage agreement has ended according to
26        its terms or is otherwise terminated.

 

 

HB5447 Enrolled- 1397 -LRB100 16294 AMC 31417 b

1            (F) Any licensee who fails to perform on a
2        guaranteed sales plan in strict accordance with its
3        terms shall be subject to all the penalties provided in
4        this Act for violations thereof and, in addition, shall
5        be subject to a civil fine payable to the party injured
6        by the default in an amount of up to $25,000.
7        (30) Influencing or attempting to influence, by any
8    words or acts, a prospective seller, purchaser, occupant,
9    landlord, or tenant of real estate, in connection with
10    viewing, buying, or leasing real estate, so as to promote
11    or tend to promote the continuance or maintenance of
12    racially and religiously segregated housing or so as to
13    retard, obstruct, or discourage racially integrated
14    housing on or in any street, block, neighborhood, or
15    community.
16        (31) Engaging in any act that constitutes a violation
17    of any provision of Article 3 of the Illinois Human Rights
18    Act, whether or not a complaint has been filed with or
19    adjudicated by the Human Rights Commission.
20        (32) Inducing any party to a contract of sale or lease
21    or brokerage agreement to break the contract of sale or
22    lease or brokerage agreement for the purpose of
23    substituting, in lieu thereof, a new contract for sale or
24    lease or brokerage agreement with a third party.
25        (33) Negotiating a sale, exchange, or lease of real
26    estate directly with any person if the licensee knows that

 

 

HB5447 Enrolled- 1398 -LRB100 16294 AMC 31417 b

1    the person has an exclusive brokerage agreement with
2    another broker, unless specifically authorized by that
3    broker.
4        (34) When a licensee is also an attorney, acting as the
5    attorney for either the buyer or the seller in the same
6    transaction in which the licensee is acting or has acted as
7    a managing broker or broker.
8        (35) Advertising or offering merchandise or services
9    as free if any conditions or obligations necessary for
10    receiving the merchandise or services are not disclosed in
11    the same advertisement or offer. These conditions or
12    obligations include without limitation the requirement
13    that the recipient attend a promotional activity or visit a
14    real estate site. As used in this subdivision (35), "free"
15    includes terms such as "award", "prize", "no charge", "free
16    of charge", "without charge", and similar words or phrases
17    that reasonably lead a person to believe that he or she may
18    receive or has been selected to receive something of value,
19    without any conditions or obligations on the part of the
20    recipient.
21        (36) (Blank).
22        (37) Violating the terms of a disciplinary order issued
23    by the Department.
24        (38) Paying or failing to disclose compensation in
25    violation of Article 10 of this Act.
26        (39) Requiring a party to a transaction who is not a

 

 

HB5447 Enrolled- 1399 -LRB100 16294 AMC 31417 b

1    client of the licensee to allow the licensee to retain a
2    portion of the escrow moneys for payment of the licensee's
3    commission or expenses as a condition for release of the
4    escrow moneys to that party.
5        (40) Disregarding or violating any provision of this
6    Act or the published rules promulgated by the Department to
7    enforce this Act or aiding or abetting any individual,
8    partnership, registered limited liability partnership,
9    limited liability company, or corporation in disregarding
10    any provision of this Act or the published rules
11    promulgated by the Department to enforce this Act.
12        (41) Failing to provide the minimum services required
13    by Section 15-75 of this Act when acting under an exclusive
14    brokerage agreement.
15        (42) Habitual or excessive use or addiction to alcohol,
16    narcotics, stimulants, or any other chemical agent or drug
17    that results in a managing broker, broker, or leasing
18    agent's inability to practice with reasonable skill or
19    safety.
20        (43) Enabling, aiding, or abetting an auctioneer, as
21    defined in the Auction License Act, to conduct a real
22    estate auction in a manner that is in violation of this
23    Act.
24        (44) Permitting any leasing agent or temporary leasing
25    agent permit holder to engage in activities that require a
26    broker's or managing broker's license.

 

 

HB5447 Enrolled- 1400 -LRB100 16294 AMC 31417 b

1    (b) The Department may refuse to issue or renew or may
2suspend the license of any person who fails to file a return,
3pay the tax, penalty or interest shown in a filed return, or
4pay any final assessment of tax, penalty, or interest, as
5required by any tax Act administered by the Department of
6Revenue, until such time as the requirements of that tax Act
7are satisfied in accordance with subsection (g) of Section
82105-15 of the Civil Administrative Code of Illinois.
9    (c) The Department shall deny a license or renewal
10authorized by this Act to a person who has defaulted on an
11educational loan or scholarship provided or guaranteed by the
12Illinois Student Assistance Commission or any governmental
13agency of this State in accordance with item (5) of subsection
14(a) of Section 2105-15 of the Civil Administrative Code of
15Illinois.
16    (d) In cases where the Department of Healthcare and Family
17Services (formerly Department of Public Aid) has previously
18determined that a licensee or a potential licensee is more than
1930 days delinquent in the payment of child support and has
20subsequently certified the delinquency to the Department may
21refuse to issue or renew or may revoke or suspend that person's
22license or may take other disciplinary action against that
23person based solely upon the certification of delinquency made
24by the Department of Healthcare and Family Services in
25accordance with item (5) of subsection (a) of Section 2105-15
26of the Civil Administrative Code of Illinois.

 

 

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1    (e) In enforcing this Section, the Department or Board upon
2a showing of a possible violation may compel an individual
3licensed to practice under this Act, or who has applied for
4licensure under this Act, to submit to a mental or physical
5examination, or both, as required by and at the expense of the
6Department. The Department or Board may order the examining
7physician to present testimony concerning the mental or
8physical examination of the licensee or applicant. No
9information shall be excluded by reason of any common law or
10statutory privilege relating to communications between the
11licensee or applicant and the examining physician. The
12examining physicians shall be specifically designated by the
13Board or Department. The individual to be examined may have, at
14his or her own expense, another physician of his or her choice
15present during all aspects of this examination. Failure of an
16individual to submit to a mental or physical examination, when
17directed, shall be grounds for suspension of his or her license
18until the individual submits to the examination if the
19Department finds, after notice and hearing, that the refusal to
20submit to the examination was without reasonable cause.
21    If the Department or Board finds an individual unable to
22practice because of the reasons set forth in this Section, the
23Department or Board may require that individual to submit to
24care, counseling, or treatment by physicians approved or
25designated by the Department or Board, as a condition, term, or
26restriction for continued, reinstated, or renewed licensure to

 

 

HB5447 Enrolled- 1402 -LRB100 16294 AMC 31417 b

1practice; or, in lieu of care, counseling, or treatment, the
2Department may file, or the Board may recommend to the
3Department to file, a complaint to immediately suspend, revoke,
4or otherwise discipline the license of the individual. An
5individual whose license was granted, continued, reinstated,
6renewed, disciplined or supervised subject to such terms,
7conditions, or restrictions, and who fails to comply with such
8terms, conditions, or restrictions, shall be referred to the
9Secretary for a determination as to whether the individual
10shall have his or her license suspended immediately, pending a
11hearing by the Department.
12    In instances in which the Secretary immediately suspends a
13person's license under this Section, a hearing on that person's
14license must be convened by the Department within 30 days after
15the suspension and completed without appreciable delay. The
16Department and Board shall have the authority to review the
17subject individual's record of treatment and counseling
18regarding the impairment to the extent permitted by applicable
19federal statutes and regulations safeguarding the
20confidentiality of medical records.
21    An individual licensed under this Act and affected under
22this Section shall be afforded an opportunity to demonstrate to
23the Department or Board that he or she can resume practice in
24compliance with acceptable and prevailing standards under the
25provisions of his or her license.
26(Source: P.A. 99-227, eff. 8-3-15; 100-22, eff. 1-1-18;

 

 

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1100-188, eff. 1-1-18; 100-534, eff. 9-22-17; revised 10-2-17.)
 
2    Section 425. The Illinois Dead Animal Disposal Act is
3amended by changing Section 12 as follows:
 
4    (225 ILCS 610/12)  (from Ch. 8, par. 160)
5    Sec. 12. The Department shall make such reasonable
6regulations for the carrying on and conduct of such business as
7it may deem advisable and all persons engaged in such business
8shall comply therewith. The Department, or its
9representatives, in performing the duties vested in it under
10this Act is empowered to enter, during usual working hours, any
11premises, buildings, or other places where dead animals or used
12cooking grease and cooking oil may be found, for the purpose of
13administering the provisions of this Act.
14    Licensees shall comply with rules, bulletins, manuals of
15procedure and guidelines pertaining to renderers and blenders
16and the handling and distribution of condemned or inedible meat
17or poultry products which implement the Federal federal Meat
18Inspection Act and the federal Poultry Products Inspection Act.
19Such rules, bulletins, manuals and guidelines shall become
20effective on the date designated by the United States
21Department of Agriculture.
22(Source: P.A. 98-785, eff. 1-1-15; revised 10-4-17.)
 
23    Section 430. The Meat and Poultry Inspection Act is amended

 

 

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1by changing Section 5.1 as follows:
 
2    (225 ILCS 650/5.1)
3    Sec. 5.1. Type I licenses.
4    (a) A Type I establishment licensed under this Act who
5sells or offers for sale meat, meat product, poultry, and
6poultry product shall, except as otherwise provided:
7        (1) shall be Be permitted to receive meat, meat
8    product, poultry, and poultry product for cutting,
9    processing, preparing, packing, wrapping, chilling,
10    freezing, sharp freezing, or storing, provided it bears an
11    official mark of State of Illinois or of Federal
12    Inspection; .
13        (2) shall be Be permitted to receive live animals and
14    poultry for slaughter, provided all animals and poultry are
15    properly presented for prescribed inspection to a
16    Department employee; and .
17        (3) may May accept meat, meat product, poultry, and
18    poultry product for sharp freezing or storage provided that
19    the product is inspected product.
20    (b) Before being granted or renewing official inspection,
21an establishment must develop written sanitation Standard
22Operating Procedures as required by 8 Ill. Adm. Code 125.141.
23    (c) Before being granted official inspection, an
24establishment must conduct a hazard analysis and develop and
25validate an HACCP plan as required by 8 Ill. Adm. Code 125.142.

 

 

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1A conditional grant of inspection shall be issued for a period
2not to exceed 90 days, during which period the establishment
3must validate its HACCP plan.
4    Any establishment subject to inspection under this Act that
5believes, or has reason to believe, that an adulterated or
6misbranded meat or meat food product received by or originating
7from the establishment has entered into commerce shall promptly
8notify the Director with regard to the type, amount, origin,
9and destination of the meat or meat food product.
10    The Director shall require that each Type I establishment
11subject to inspection under this Act shall, at a minimum:
12        (1) prepare and maintain current procedures for the
13    recall of all meat, poultry, meat food products, and
14    poultry food products with a mark of inspection produced
15    and shipped by the establishment;
16        (2) document each reassessment of the process control
17    plans of the establishment; and
18        (3) upon request, make the procedures and reassessed
19    process control plans available to inspectors appointed by
20    the Director for review and copying.
21    (d) Any establishment licensed under the authority of this
22Act that receives wild game carcasses shall comply with the
23following requirements regarding wild game carcasses:
24        (1) Wild game carcasses shall be dressed prior to
25    entering the processing or refrigerated areas of the
26    licensed establishment.

 

 

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1        (2) Wild game carcasses stored in the refrigerated area
2    of the licensed establishment shall be kept separate and
3    apart from inspected products.
4        (3) A written request shall be made to the Department
5    on an annual basis if a licensed establishment is
6    suspending operations regarding an amenable product due to
7    handling of wild game carcasses.
8        (4) A written procedure for handling wild game shall be
9    approved by the Department.
10        (5) All equipment used that comes in contact with wild
11    game shall be thoroughly cleaned and sanitized prior to use
12    on animal or poultry carcasses.
13(Source: P.A. 98-611, eff. 12-27-13; revised 10-4-17.)
 
14    Section 435. The Illinois Horse Racing Act of 1975 is
15amended by changing Section 28 as follows:
 
16    (230 ILCS 5/28)  (from Ch. 8, par. 37-28)
17    Sec. 28. Except as provided in subsection (g) of Section 27
18of this Act, moneys collected shall be distributed according to
19the provisions of this Section 28.
20    (a) Thirty per cent of the total of all monies received by
21the State as privilege taxes shall be paid into the
22Metropolitan Exposition, Auditorium and Office Building Fund
23in the State Treasury.
24    (b) In addition, 4.5% of the total of all monies received

 

 

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1by the State as privilege taxes shall be paid into the State
2treasury into a special Fund to be known as the Metropolitan
3Exposition, Auditorium and Office Building Fund.
4    (c) Fifty per cent of the total of all monies received by
5the State as privilege taxes under the provisions of this Act
6shall be paid into the Agricultural Premium Fund.
7    (d) Seven per cent of the total of all monies received by
8the State as privilege taxes shall be paid into the Fair and
9Exposition Fund in the State treasury; provided, however, that
10when all bonds issued prior to July 1, 1984 by the Metropolitan
11Fair and Exposition Authority shall have been paid or payment
12shall have been provided for upon a refunding of those bonds,
13thereafter 1/12 of $1,665,662 of such monies shall be paid each
14month into the Build Illinois Fund, and the remainder into the
15Fair and Exposition Fund. All excess monies shall be allocated
16to the Department of Agriculture for distribution to county
17fairs for premiums and rehabilitation as set forth in the
18Agricultural Fair Act.
19    (e) The monies provided for in Section 30 shall be paid
20into the Illinois Thoroughbred Breeders Fund.
21    (f) The monies provided for in Section 31 shall be paid
22into the Illinois Standardbred Breeders Fund.
23    (g) Until January 1, 2000, that part representing 1/2 of
24the total breakage in Thoroughbred, Harness, Appaloosa,
25Arabian, and Quarter Horse racing in the State shall be paid
26into the Illinois Race Track Improvement Fund as established in

 

 

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1Section 32.
2    (h) All other monies received by the Board under this Act
3shall be paid into the Horse Racing Fund.
4    (i) The salaries of the Board members, secretary, stewards,
5directors of mutuels, veterinarians, representatives,
6accountants, clerks, stenographers, inspectors and other
7employees of the Board, and all expenses of the Board incident
8to the administration of this Act, including, but not limited
9to, all expenses and salaries incident to the taking of saliva
10and urine samples in accordance with the rules and regulations
11of the Board shall be paid out of the Agricultural Premium
12Fund.
13    (j) The Agricultural Premium Fund shall also be used:
14        (1) for the expenses of operating the Illinois State
15    Fair and the DuQuoin State Fair, including the payment of
16    prize money or premiums;
17        (2) for the distribution to county fairs, vocational
18    agriculture section fairs, agricultural societies, and
19    agricultural extension clubs in accordance with the
20    Agricultural Fair Act, as amended;
21        (3) for payment of prize monies and premiums awarded
22    and for expenses incurred in connection with the
23    International Livestock Exposition and the Mid-Continent
24    Livestock Exposition held in Illinois, which premiums, and
25    awards must be approved, and paid by the Illinois
26    Department of Agriculture;

 

 

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1        (4) for personal service of county agricultural
2    advisors and county home advisors;
3        (5) for distribution to agricultural home economic
4    extension councils in accordance with "An Act in relation
5    to additional support and finance for the Agricultural and
6    Home Economic Extension Councils in the several counties in
7    this State and making an appropriation therefor", approved
8    July 24, 1967, as amended;
9        (6) for research on equine disease, including a
10    development center therefor;
11        (7) for training scholarships for study on equine
12    diseases to students at the University of Illinois College
13    of Veterinary Medicine;
14        (8) for the rehabilitation, repair and maintenance of
15    the Illinois and DuQuoin State Fair Grounds and the
16    structures and facilities thereon and the construction of
17    permanent improvements on such Fair Grounds, including
18    such structures, facilities and property located on such
19    State Fair Grounds which are under the custody and control
20    of the Department of Agriculture;
21        (9) (blank);
22        (10) for the expenses of the Department of Commerce and
23    Economic Opportunity under Sections 605-620, 605-625, and
24    605-630 of the Department of Commerce and Economic
25    Opportunity Law (20 ILCS 605/605-620, 605/605-625, and
26    605/605-630);

 

 

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1        (11) for remodeling, expanding, and reconstructing
2    facilities destroyed by fire of any Fair and Exposition
3    Authority in counties with a population of 1,000,000 or
4    more inhabitants;
5        (12) for the purpose of assisting in the care and
6    general rehabilitation of veterans with disabilities of
7    any war and their surviving spouses and orphans;
8        (13) for expenses of the Department of State Police for
9    duties performed under this Act;
10        (14) for the Department of Agriculture for soil surveys
11    and soil and water conservation purposes;
12        (15) for the Department of Agriculture for grants to
13    the City of Chicago for conducting the Chicagofest;
14        (16) for the State Comptroller for grants and operating
15    expenses authorized by the Illinois Global Partnership
16    Act.
17    (k) To the extent that monies paid by the Board to the
18Agricultural Premium Fund are in the opinion of the Governor in
19excess of the amount necessary for the purposes herein stated,
20the Governor shall notify the Comptroller and the State
21Treasurer of such fact, who, upon receipt of such notification,
22shall transfer such excess monies from the Agricultural Premium
23Fund to the General Revenue Fund.
24(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17;
25100-110, eff. 8-15-17; revised 9-28-17.)
 

 

 

HB5447 Enrolled- 1411 -LRB100 16294 AMC 31417 b

1    Section 440. The Liquor Control Act of 1934 is amended by
2changing Sections 4-4 and 6-11 as follows:
 
3    (235 ILCS 5/4-4)  (from Ch. 43, par. 112)
4    Sec. 4-4. Each local liquor control commissioner shall also
5have the following powers, functions, and duties with respect
6to licenses, other than licenses to manufacturers, importing
7distributors, distributors, foreign importers, non-resident
8dealers, non-beverage users, brokers, railroads, airplanes,
9and boats: .
10        1. To grant and or suspend for not more than 30 thirty
11    days or revoke for cause all local licenses issued to
12    persons for premises within his jurisdiction;
13        2. To enter or to authorize any law enforcing officer
14    to enter at any time upon any premises licensed hereunder
15    to determine whether any of the provisions of this Act or
16    any rules or regulations adopted by him or by the State
17    Commission have been or are being violated, and at such
18    time to examine said premises of said licensee in
19    connection therewith;
20        3. To notify the Secretary of State where a club
21    incorporated under the General Not for Profit Corporation
22    Act of 1986 or a foreign corporation functioning as a club
23    in this State under a certificate of authority issued under
24    that Act has violated this Act by selling or offering for
25    sale at retail alcoholic liquors without a retailer's

 

 

HB5447 Enrolled- 1412 -LRB100 16294 AMC 31417 b

1    license;
2        4. To receive a complaint from any citizen within his
3    jurisdiction that any of the provisions of this Act, or any
4    rules or regulations adopted pursuant hereto, have been or
5    are being violated and to act upon the complaint such
6    complaints in the manner hereinafter provided;
7        5. To receive local license fees and pay the same
8    forthwith to the city, village, town, or county treasurer,
9    as the case may be.
10    Each local liquor commissioner also has the duty to notify
11the Secretary of State of any convictions or dispositions of
12court supervision for a violation of Section 6-20 of this Act
13or a similar provision of a local ordinance.
14    In counties and municipalities, the local liquor control
15commissioners shall also have the power to levy fines in
16accordance with Section 7-5 of this Act.
17(Source: P.A. 95-166, eff. 1-1-08; revised 9-26-17.)
 
18    (235 ILCS 5/6-11)
19    Sec. 6-11. Sale near churches, schools, and hospitals.
20    (a) No license shall be issued for the sale at retail of
21any alcoholic liquor within 100 feet of any church, school
22other than an institution of higher learning, hospital, home
23for aged or indigent persons or for veterans, their spouses or
24children or any military or naval station, provided, that this
25prohibition shall not apply to hotels offering restaurant

 

 

HB5447 Enrolled- 1413 -LRB100 16294 AMC 31417 b

1service, regularly organized clubs, or to restaurants, food
2shops or other places where sale of alcoholic liquors is not
3the principal business carried on if the place of business so
4exempted is not located in a municipality of more than 500,000
5persons, unless required by local ordinance; nor to the renewal
6of a license for the sale at retail of alcoholic liquor on
7premises within 100 feet of any church or school where the
8church or school has been established within such 100 feet
9since the issuance of the original license. In the case of a
10church, the distance of 100 feet shall be measured to the
11nearest part of any building used for worship services or
12educational programs and not to property boundaries.
13    (b) Nothing in this Section shall prohibit the issuance of
14a retail license authorizing the sale of alcoholic liquor to a
15restaurant, the primary business of which is the sale of goods
16baked on the premises if (i) the restaurant is newly
17constructed and located on a lot of not less than 10,000 square
18feet, (ii) the restaurant costs at least $1,000,000 to
19construct, (iii) the licensee is the titleholder to the
20premises and resides on the premises, and (iv) the construction
21of the restaurant is completed within 18 months of July 10,
221998 (the effective date of Public Act 90-617).
23    (c) Nothing in this Section shall prohibit the issuance of
24a retail license authorizing the sale of alcoholic liquor
25incidental to a restaurant if (1) the primary business of the
26restaurant consists of the sale of food where the sale of

 

 

HB5447 Enrolled- 1414 -LRB100 16294 AMC 31417 b

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

 

 

HB5447 Enrolled- 1415 -LRB100 16294 AMC 31417 b

1more than 90 feet but less than 100 feet from a high school
2that opened in 1928 as a junior high school and became a senior
3high school in 1933, and in each of these cases if the sale of
4alcoholic liquors is not the principal business carried on by
5the licensee.
6    For purposes of this Section, a "banquet facility" is any
7part of a building that caters to private parties and where the
8sale of alcoholic liquors is not the principal business.
9    (e) Nothing in this Section shall prohibit the issuance of
10a license to a church or private school to sell at retail
11alcoholic liquor if any such sales are limited to periods when
12groups are assembled on the premises solely for the promotion
13of some common object other than the sale or consumption of
14alcoholic liquors.
15    (f) Nothing in this Section shall prohibit a church or
16church affiliated school located in a home rule municipality or
17in a municipality with 75,000 or more inhabitants from locating
18within 100 feet of a property for which there is a preexisting
19license to sell alcoholic liquor at retail. In these instances,
20the local zoning authority may, by ordinance adopted
21simultaneously with the granting of an initial special use
22zoning permit for the church or church affiliated school,
23provide that the 100-foot restriction in this Section shall not
24apply to that church or church affiliated school and future
25retail liquor licenses.
26    (g) Nothing in this Section shall prohibit the issuance of

 

 

HB5447 Enrolled- 1416 -LRB100 16294 AMC 31417 b

1a retail license authorizing the sale of alcoholic liquor at
2premises within 100 feet, but not less than 90 feet, of a
3public school if (1) the premises have been continuously
4licensed to sell alcoholic liquor for a period of at least 50
5years, (2) the premises are located in a municipality having a
6population of over 500,000 inhabitants, (3) the licensee is an
7individual who is a member of a family that has held the
8previous 3 licenses for that location for more than 25 years,
9(4) the principal of the school and the alderman of the ward in
10which the school is located have delivered a written statement
11to the local liquor control commissioner stating that they do
12not object to the issuance of a license under this subsection
13(g), and (5) the local liquor control commissioner has received
14the written consent of a majority of the registered voters who
15live within 200 feet of the premises.
16    (h) Notwithstanding any provision of this Section to the
17contrary, nothing in this Section shall prohibit the issuance
18or renewal of a license authorizing the sale of alcoholic
19liquor within premises and at an outdoor patio area attached to
20premises that are located in a municipality with a population
21in excess of 300,000 inhabitants and that are within 100 feet
22of a church if:
23        (1) the sale of alcoholic liquor at the premises is
24    incidental to the sale of food,
25        (2) the sale of liquor is not the principal business
26    carried on by the licensee at the premises,

 

 

HB5447 Enrolled- 1417 -LRB100 16294 AMC 31417 b

1        (3) the premises are less than 1,000 square feet,
2        (4) the premises are owned by the University of
3    Illinois,
4        (5) the premises are immediately adjacent to property
5    owned by a church and are not less than 20 nor more than 40
6    feet from the church space used for worship services, and
7        (6) the principal religious leader at the place of
8    worship has indicated his or her support for the issuance
9    of the license in writing.
10    (i) Notwithstanding any provision in this Section to the
11contrary, nothing in this Section shall prohibit the issuance
12or renewal of a license to sell alcoholic liquor at a premises
13that is located within a municipality with a population in
14excess of 300,000 inhabitants and is within 100 feet of a
15church, synagogue, or other place of worship if:
16        (1) the primary entrance of the premises and the
17    primary entrance of the church, synagogue, or other place
18    of worship are at least 100 feet apart, on parallel
19    streets, and separated by an alley; and
20        (2) the principal religious leader at the place of
21    worship has not indicated his or her opposition to the
22    issuance or renewal of the license in writing.
23    (j) Notwithstanding any provision in this Section to the
24contrary, nothing in this Section shall prohibit the issuance
25of a retail license authorizing the sale of alcoholic liquor at
26a theater that is within 100 feet of a church if (1) the church

 

 

HB5447 Enrolled- 1418 -LRB100 16294 AMC 31417 b

1owns the theater, (2) the church leases the theater to one or
2more entities, and (3) the theater is used by at least 5
3different not-for-profit theater groups.
4    (k) Notwithstanding any provision in this Section to the
5contrary, nothing in this Section shall prohibit the issuance
6or renewal of a license authorizing the sale of alcoholic
7liquor at a premises that is located within a municipality with
8a population in excess of 1,000,000 inhabitants and is within
9100 feet of a school if:
10        (1) the primary entrance of the premises and the
11    primary entrance of the school are parallel, on different
12    streets, and separated by an alley;
13        (2) the southeast corner of the premises are at least
14    350 feet from the southwest corner of the school;
15        (3) the school was built in 1978;
16        (4) the sale of alcoholic liquor at the premises is
17    incidental to the sale of food;
18        (5) the sale of alcoholic liquor is not the principal
19    business carried on by the licensee at the premises;
20        (6) the applicant is the owner of the restaurant and
21    has held a valid license authorizing the sale of alcoholic
22    liquor for the business to be conducted on the premises at
23    a different location for more than 7 years; and
24        (7) the premises is at least 2,300 square feet and sits
25    on a lot that is between 6,100 and 6,150 square feet.
26    (l) Notwithstanding any provision in this Section to the

 

 

HB5447 Enrolled- 1419 -LRB100 16294 AMC 31417 b

1contrary, nothing in this Section shall prohibit the issuance
2or renewal of a license authorizing the sale of alcoholic
3liquor at a premises that is located within a municipality with
4a population in excess of 1,000,000 inhabitants and is within
5100 feet of a church or school if:
6        (1) the primary entrance of the premises and the
7    closest entrance of the church or school is at least 90
8    feet apart and no greater than 95 feet apart;
9        (2) the shortest distance between the premises and the
10    church or school is at least 80 feet apart and no greater
11    than 85 feet apart;
12        (3) the applicant is the owner of the restaurant and on
13    November 15, 2006 held a valid license authorizing the sale
14    of alcoholic liquor for the business to be conducted on the
15    premises for at least 14 different locations;
16        (4) the sale of alcoholic liquor at the premises is
17    incidental to the sale of food;
18        (5) the sale of alcoholic liquor is not the principal
19    business carried on by the licensee at the premises;
20        (6) the premises is at least 3,200 square feet and sits
21    on a lot that is between 7,150 and 7,200 square feet; and
22        (7) the principal religious leader at the place of
23    worship has not indicated his or her opposition to the
24    issuance or renewal of the license in writing.
25    (m) Notwithstanding any provision in this Section to the
26contrary, nothing in this Section shall prohibit the issuance

 

 

HB5447 Enrolled- 1420 -LRB100 16294 AMC 31417 b

1or renewal of a license authorizing the sale of alcoholic
2liquor at a premises that is located within a municipality with
3a population in excess of 1,000,000 inhabitants and is within
4100 feet of a church if:
5        (1) the premises and the church are perpendicular, and
6    the primary entrance of the premises faces South while the
7    primary entrance of the church faces West and the distance
8    between the two entrances is more than 100 feet;
9        (2) the shortest distance between the premises lot line
10    and the exterior wall of the church is at least 80 feet;
11        (3) the church was established at the current location
12    in 1916 and the present structure was erected in 1925;
13        (4) the premises is a single story, single use building
14    with at least 1,750 square feet and no more than 2,000
15    square feet;
16        (5) the sale of alcoholic liquor at the premises is
17    incidental to the sale of food;
18        (6) the sale of alcoholic liquor is not the principal
19    business carried on by the licensee at the premises; and
20        (7) the principal religious leader at the place of
21    worship has not indicated his or her opposition to the
22    issuance or renewal of the license in writing.
23    (n) Notwithstanding any provision in this Section to the
24contrary, nothing in this Section shall prohibit the issuance
25or renewal of a license authorizing the sale of alcoholic
26liquor at a premises that is located within a municipality with

 

 

HB5447 Enrolled- 1421 -LRB100 16294 AMC 31417 b

1a population in excess of 1,000,000 inhabitants and is within
2100 feet of a school if:
3        (1) the school is a City of Chicago School District 299
4    school;
5        (2) the school is located within subarea E of City of
6    Chicago Residential Business Planned Development Number
7    70;
8        (3) the sale of alcoholic liquor is not the principal
9    business carried on by the licensee on the premises;
10        (4) the sale of alcoholic liquor at the premises is
11    incidental to the sale of food; and
12        (5) the administration of City of Chicago School
13    District 299 has expressed, in writing, its support for the
14    issuance of the license.
15    (o) Notwithstanding any provision of this Section to the
16contrary, nothing in this Section shall prohibit the issuance
17or renewal of a retail license authorizing the sale of
18alcoholic liquor at a premises that is located within a
19municipality in excess of 1,000,000 inhabitants and within 100
20feet of a church if:
21        (1) the sale of alcoholic liquor at the premises is
22    incidental to the sale of food;
23        (2) the sale of alcoholic liquor is not the principal
24    business carried on by the licensee at the premises;
25        (3) the premises is located on a street that runs
26    perpendicular to the street on which the church is located;

 

 

HB5447 Enrolled- 1422 -LRB100 16294 AMC 31417 b

1        (4) the primary entrance of the premises is at least
2    100 feet from the primary entrance of the church;
3        (5) the shortest distance between any part of the
4    premises and any part of the church is at least 60 feet;
5        (6) the premises is between 3,600 and 4,000 square feet
6    and sits on a lot that is between 3,600 and 4,000 square
7    feet; and
8        (7) the premises was built in the year 1909.
9    For purposes of this subsection (o), "premises" means a
10place of business together with a privately owned outdoor
11location that is adjacent to the place of business.
12    (p) Notwithstanding any provision in this Section to the
13contrary, nothing in this Section shall prohibit the issuance
14or renewal of a license authorizing the sale of alcoholic
15liquor at a premises that is located within a municipality with
16a population in excess of 1,000,000 inhabitants and within 100
17feet of a church if:
18        (1) the shortest distance between the backdoor of the
19    premises, which is used as an emergency exit, and the
20    church is at least 80 feet;
21        (2) the church was established at the current location
22    in 1889; and
23        (3) liquor has been sold on the premises since at least
24    1985.
25    (q) Notwithstanding any provision of this Section to the
26contrary, nothing in this Section shall prohibit the issuance

 

 

HB5447 Enrolled- 1423 -LRB100 16294 AMC 31417 b

1or renewal of a license authorizing the sale of alcoholic
2liquor within a premises that is located in a municipality with
3a population in excess of 1,000,000 inhabitants and within 100
4feet of a church-owned property if:
5        (1) the premises is located within a larger building
6    operated as a grocery store;
7        (2) the area of the premises does not exceed 720 square
8    feet and the area of the larger building exceeds 18,000
9    square feet;
10        (3) the larger building containing the premises is
11    within 100 feet of the nearest property line of a
12    church-owned property on which a church-affiliated school
13    is located;
14        (4) the sale of liquor is not the principal business
15    carried on within the larger building;
16        (5) the primary entrance of the larger building and the
17    premises and the primary entrance of the church-affiliated
18    school are on different, parallel streets, and the distance
19    between the 2 primary entrances is more than 100 feet;
20        (6) the larger building is separated from the
21    church-owned property and church-affiliated school by an
22    alley;
23        (7) the larger building containing the premises and the
24    church building front are on perpendicular streets and are
25    separated by a street; and
26        (8) (Blank).

 

 

HB5447 Enrolled- 1424 -LRB100 16294 AMC 31417 b

1    (r) Notwithstanding any provision of this Section to the
2contrary, nothing in this Section shall prohibit the issuance,
3renewal, or maintenance of a license authorizing the sale of
4alcoholic liquor incidental to the sale of food within a
5restaurant established in a premises that is located in a
6municipality with a population in excess of 1,000,000
7inhabitants and within 100 feet of a church if:
8        (1) the primary entrance of the church and the primary
9    entrance of the restaurant are at least 100 feet apart;
10        (2) the restaurant has operated on the ground floor and
11    lower level of a multi-story, multi-use building for more
12    than 40 years;
13        (3) the primary business of the restaurant consists of
14    the sale of food where the sale of liquor is incidental to
15    the sale of food;
16        (4) the sale of alcoholic liquor is conducted primarily
17    in the below-grade level of the restaurant to which the
18    only public access is by a staircase located inside the
19    restaurant; and
20        (5) the restaurant has held a license authorizing the
21    sale of alcoholic liquor on the premises for more than 40
22    years.
23    (s) Notwithstanding any provision of this Section to the
24contrary, nothing in this Section shall prohibit renewal of a
25license authorizing the sale of alcoholic liquor at a premises
26that is located within a municipality with a population more

 

 

HB5447 Enrolled- 1425 -LRB100 16294 AMC 31417 b

1than 5,000 and less than 10,000 and is within 100 feet of a
2church if:
3        (1) the church was established at the location within
4    100 feet of the premises after a license for the sale of
5    alcoholic liquor at the premises was first issued;
6        (2) a license for sale of alcoholic liquor at the
7    premises was first issued before January 1, 2007; and
8        (3) a license for the sale of alcoholic liquor on the
9    premises has been continuously in effect since January 1,
10    2007, except for interruptions between licenses of no more
11    than 90 days.
12    (t) Notwithstanding any provision of this Section to the
13contrary, nothing in this Section shall prohibit the issuance
14or renewal of a license authorizing the sale of alcoholic
15liquor incidental to the sale of food within a restaurant that
16is established in a premises that is located in a municipality
17with a population in excess of 1,000,000 inhabitants and within
18100 feet of a school and a church if:
19        (1) the restaurant is located inside a five-story
20    building with over 16,800 square feet of commercial space;
21        (2) the area of the premises does not exceed 31,050
22    square feet;
23        (3) the area of the restaurant does not exceed 5,800
24    square feet;
25        (4) the building has no less than 78 condominium units;
26        (5) the construction of the building in which the

 

 

HB5447 Enrolled- 1426 -LRB100 16294 AMC 31417 b

1    restaurant is located was completed in 2006;
2        (6) the building has 10 storefront properties, 3 of
3    which are used for the restaurant;
4        (7) the restaurant will open for business in 2010;
5        (8) the building is north of the school and separated
6    by an alley; and
7        (9) the principal religious leader of the church and
8    either the alderman of the ward in which the school is
9    located or the principal of the school have delivered a
10    written statement to the local liquor control commissioner
11    stating that he or she does not object to the issuance of a
12    license under this subsection (t).
13    (u) Notwithstanding any provision in this Section to the
14contrary, nothing in this Section shall prohibit the issuance
15or renewal of a license to sell alcoholic liquor at a premises
16that is located within a municipality with a population in
17excess of 1,000,000 inhabitants and within 100 feet of a school
18if:
19        (1) the premises operates as a restaurant and has been
20    in operation since February 2008;
21        (2) the applicant is the owner of the premises;
22        (3) the sale of alcoholic liquor is incidental to the
23    sale of food;
24        (4) the sale of alcoholic liquor is not the principal
25    business carried on by the licensee on the premises;
26        (5) the premises occupy the first floor of a 3-story

 

 

HB5447 Enrolled- 1427 -LRB100 16294 AMC 31417 b

1    building that is at least 90 years old;
2        (6) the rear lot of the school and the rear corner of
3    the building that the premises occupy are separated by an
4    alley;
5        (7) the distance from the southwest corner of the
6    property line of the school and the northeast corner of the
7    building that the premises occupy is at least 16 feet, 5
8    inches;
9        (8) the distance from the rear door of the premises to
10    the southwest corner of the property line of the school is
11    at least 93 feet;
12        (9) the school is a City of Chicago School District 299
13    school;
14        (10) the school's main structure was erected in 1902
15    and an addition was built to the main structure in 1959;
16    and
17        (11) the principal of the school and the alderman in
18    whose district the premises are located have expressed, in
19    writing, their support for the issuance of the license.
20    (v) Notwithstanding any provision in this Section to the
21contrary, nothing in this Section shall prohibit the issuance
22or renewal of a license authorizing the sale of alcoholic
23liquor at a premises that is located within a municipality with
24a population in excess of 1,000,000 inhabitants and is within
25100 feet of a school if:
26        (1) the total land area of the premises for which the

 

 

HB5447 Enrolled- 1428 -LRB100 16294 AMC 31417 b

1    license or renewal is sought is more than 600,000 square
2    feet;
3        (2) the premises for which the license or renewal is
4    sought has more than 600 parking stalls;
5        (3) the total area of all buildings on the premises for
6    which the license or renewal is sought exceeds 140,000
7    square feet;
8        (4) the property line of the premises for which the
9    license or renewal is sought is separated from the property
10    line of the school by a street;
11        (5) the distance from the school's property line to the
12    property line of the premises for which the license or
13    renewal is sought is at least 60 feet;
14        (6) as of June 14, 2011 (the effective date of Public
15    Act 97-9), the premises for which the license or renewal is
16    sought is located in the Illinois Medical District.
17    (w) Notwithstanding any provision in this Section to the
18contrary, nothing in this Section shall prohibit the issuance
19or renewal of a license to sell alcoholic liquor at a premises
20that is located within a municipality with a population in
21excess of 1,000,000 inhabitants and within 100 feet of a church
22if:
23        (1) the sale of alcoholic liquor at the premises is
24    incidental to the sale of food;
25        (2) the sale of alcoholic liquor is not the principal
26    business carried on by the licensee at the premises;

 

 

HB5447 Enrolled- 1429 -LRB100 16294 AMC 31417 b

1        (3) the premises occupy the first floor and basement of
2    a 2-story building that is 106 years old;
3        (4) the premises is at least 7,000 square feet and
4    located on a lot that is at least 11,000 square feet;
5        (5) the premises is located directly west of the
6    church, on perpendicular streets, and separated by an
7    alley;
8        (6) the distance between the property line of the
9    premises and the property line of the church is at least 20
10    feet;
11        (7) the distance between the primary entrance of the
12    premises and the primary entrance of the church is at least
13    130 feet; and
14        (8) the church has been at its location for at least 40
15    years.
16    (x) Notwithstanding any provision of this Section to the
17contrary, nothing in this Section shall prohibit the issuance
18or renewal of a license authorizing the sale of alcoholic
19liquor at a premises that is located within a municipality with
20a population in excess of 1,000,000 inhabitants and within 100
21feet of a church if:
22        (1) the sale of alcoholic liquor is not the principal
23    business carried on by the licensee at the premises;
24        (2) the church has been operating in its current
25    location since 1973;
26        (3) the premises has been operating in its current

 

 

HB5447 Enrolled- 1430 -LRB100 16294 AMC 31417 b

1    location since 1988;
2        (4) the church and the premises are owned by the same
3    parish;
4        (5) the premises is used for cultural and educational
5    purposes;
6        (6) the primary entrance to the premises and the
7    primary entrance to the church are located on the same
8    street;
9        (7) the principal religious leader of the church has
10    indicated his support of the issuance of the license;
11        (8) the premises is a 2-story building of approximately
12    23,000 square feet; and
13        (9) the premises houses a ballroom on its ground floor
14    of approximately 5,000 square feet.
15    (y) Notwithstanding any provision of this Section to the
16contrary, nothing in this Section shall prohibit the issuance
17or renewal of a license authorizing the sale of alcoholic
18liquor at a premises that is located within a municipality with
19a population in excess of 1,000,000 inhabitants and within 100
20feet of a school if:
21        (1) the sale of alcoholic liquor is not the principal
22    business carried on by the licensee at the premises;
23        (2) the sale of alcoholic liquor at the premises is
24    incidental to the sale of food;
25        (3) according to the municipality, the distance
26    between the east property line of the premises and the west

 

 

HB5447 Enrolled- 1431 -LRB100 16294 AMC 31417 b

1    property line of the school is 97.8 feet;
2        (4) the school is a City of Chicago School District 299
3    school;
4        (5) the school has been operating since 1959;
5        (6) the primary entrance to the premises and the
6    primary entrance to the school are located on the same
7    street;
8        (7) the street on which the entrances of the premises
9    and the school are located is a major diagonal
10    thoroughfare;
11        (8) the premises is a single-story building of
12    approximately 2,900 square feet; and
13        (9) the premises is used for commercial purposes only.
14    (z) Notwithstanding any provision of this Section to the
15contrary, nothing in this Section shall prohibit the issuance
16or renewal of a license authorizing the sale of alcoholic
17liquor at a premises that is located within a municipality with
18a population in excess of 1,000,000 inhabitants and within 100
19feet of a mosque if:
20        (1) the sale of alcoholic liquor is not the principal
21    business carried on by the licensee at the premises;
22        (2) the licensee shall only sell packaged liquors at
23    the premises;
24        (3) the licensee is a national retail chain having over
25    100 locations within the municipality;
26        (4) the licensee has over 8,000 locations nationwide;

 

 

HB5447 Enrolled- 1432 -LRB100 16294 AMC 31417 b

1        (5) the licensee has locations in all 50 states;
2        (6) the premises is located in the North-East quadrant
3    of the municipality;
4        (7) the premises is a free-standing building that has
5    "drive-through" pharmacy service;
6        (8) the premises has approximately 14,490 square feet
7    of retail space;
8        (9) the premises has approximately 799 square feet of
9    pharmacy space;
10        (10) the premises is located on a major arterial street
11    that runs east-west and accepts truck traffic; and
12        (11) the alderman of the ward in which the premises is
13    located has expressed, in writing, his or her support for
14    the issuance of the license.
15    (aa) Notwithstanding any provision of this Section to the
16contrary, nothing in this Section shall prohibit the issuance
17or renewal of a license authorizing the sale of alcoholic
18liquor at a premises that is located within a municipality with
19a population in excess of 1,000,000 inhabitants and within 100
20feet of a church if:
21        (1) the sale of alcoholic liquor is not the principal
22    business carried on by the licensee at the premises;
23        (2) the licensee shall only sell packaged liquors at
24    the premises;
25        (3) the licensee is a national retail chain having over
26    100 locations within the municipality;

 

 

HB5447 Enrolled- 1433 -LRB100 16294 AMC 31417 b

1        (4) the licensee has over 8,000 locations nationwide;
2        (5) the licensee has locations in all 50 states;
3        (6) the premises is located in the North-East quadrant
4    of the municipality;
5        (7) the premises is located across the street from a
6    national grocery chain outlet;
7        (8) the premises has approximately 16,148 square feet
8    of retail space;
9        (9) the premises has approximately 992 square feet of
10    pharmacy space;
11        (10) the premises is located on a major arterial street
12    that runs north-south and accepts truck traffic; and
13        (11) the alderman of the ward in which the premises is
14    located has expressed, in writing, his or her support for
15    the issuance of the license.
16    (bb) Notwithstanding any provision of this Section to the
17contrary, nothing in this Section shall prohibit the issuance
18or renewal of a license authorizing the sale of alcoholic
19liquor at a premises that is located within a municipality with
20a population in excess of 1,000,000 inhabitants and within 100
21feet of a church if:
22        (1) the sale of alcoholic liquor is not the principal
23    business carried on by the licensee at the premises;
24        (2) the sale of alcoholic liquor at the premises is
25    incidental to the sale of food;
26        (3) the primary entrance to the premises and the

 

 

HB5447 Enrolled- 1434 -LRB100 16294 AMC 31417 b

1    primary entrance to the church are located on the same
2    street;
3        (4) the premises is across the street from the church;
4        (5) the street on which the premises and the church are
5    located is a major arterial street that runs east-west;
6        (6) the church is an elder-led and Bible-based Assyrian
7    church;
8        (7) the premises and the church are both single-story
9    buildings;
10        (8) the storefront directly west of the church is being
11    used as a restaurant; and
12        (9) the distance between the northern-most property
13    line of the premises and the southern-most property line of
14    the church is 65 feet.
15    (cc) Notwithstanding any provision of this Section to the
16contrary, nothing in this Section shall prohibit the issuance
17or renewal of a license authorizing the sale of alcoholic
18liquor at a premises that is located within a municipality with
19a population in excess of 1,000,000 inhabitants and within 100
20feet of a school if:
21        (1) the sale of alcoholic liquor is not the principal
22    business carried on by the licensee at the premises;
23        (2) the licensee shall only sell packaged liquors at
24    the premises;
25        (3) the licensee is a national retail chain;
26        (4) as of October 25, 2011, the licensee has 1,767

 

 

HB5447 Enrolled- 1435 -LRB100 16294 AMC 31417 b

1    stores operating nationwide, 87 stores operating in the
2    State, and 10 stores operating within the municipality;
3        (5) the licensee shall occupy approximately 124,000
4    square feet of space in the basement and first and second
5    floors of a building located across the street from a
6    school;
7        (6) the school opened in August of 2009 and occupies
8    approximately 67,000 square feet of space; and
9        (7) the building in which the premises shall be located
10    has been listed on the National Register of Historic Places
11    since April 17, 1970.
12    (dd) Notwithstanding any provision in this Section to the
13contrary, nothing in this Section shall prohibit the issuance
14or renewal of a license authorizing the sale of alcoholic
15liquor within a full-service grocery store at a premises that
16is located within a municipality with a population in excess of
171,000,000 inhabitants and is within 100 feet of a school if:
18        (1) the premises is constructed on land that was
19    purchased from the municipality at a fair market price;
20        (2) the premises is constructed on land that was
21    previously used as a parking facility for public safety
22    employees;
23        (3) the sale of alcoholic liquor is not the principal
24    business carried on by the licensee at the premises;
25        (4) the main entrance to the store is more than 100
26    feet from the main entrance to the school;

 

 

HB5447 Enrolled- 1436 -LRB100 16294 AMC 31417 b

1        (5) the premises is to be new construction;
2        (6) the school is a private school;
3        (7) the principal of the school has given written
4    approval for the license;
5        (8) the alderman of the ward where the premises is
6    located has given written approval of the issuance of the
7    license;
8        (9) the grocery store level of the premises is between
9    60,000 and 70,000 square feet; and
10        (10) the owner and operator of the grocery store
11    operates 2 other grocery stores that have alcoholic liquor
12    licenses within the same municipality.
13    (ee) Notwithstanding any provision in this Section to the
14contrary, nothing in this Section shall prohibit the issuance
15or renewal of a license authorizing the sale of alcoholic
16liquor within a full-service grocery store at a premises that
17is located within a municipality with a population in excess of
181,000,000 inhabitants and is within 100 feet of a school if:
19        (1) the premises is constructed on land that once
20    contained an industrial steel facility;
21        (2) the premises is located on land that has undergone
22    environmental remediation;
23        (3) the premises is located within a retail complex
24    containing retail stores where some of the stores sell
25    alcoholic beverages;
26        (4) the principal activity of any restaurant in the

 

 

HB5447 Enrolled- 1437 -LRB100 16294 AMC 31417 b

1    retail complex is the sale of food, and the sale of
2    alcoholic liquor is incidental to the sale of food;
3        (5) the sale of alcoholic liquor is not the principal
4    business carried on by the grocery store;
5        (6) the entrance to any business that sells alcoholic
6    liquor is more than 100 feet from the entrance to the
7    school;
8        (7) the alderman of the ward where the premises is
9    located has given written approval of the issuance of the
10    license; and
11        (8) the principal of the school has given written
12    consent to the issuance of the license.
13    (ff) Notwithstanding any provision of this Section to the
14contrary, nothing in this Section shall prohibit the issuance
15or renewal of a license authorizing the sale of alcoholic
16liquor at a premises that is located within a municipality with
17a population in excess of 1,000,000 inhabitants and within 100
18feet of a school if:
19        (1) the sale of alcoholic liquor is not the principal
20    business carried on at the premises;
21        (2) the sale of alcoholic liquor at the premises is
22    incidental to the operation of a theater;
23        (3) the premises is a one and one-half-story building
24    of approximately 10,000 square feet;
25        (4) the school is a City of Chicago School District 299
26    school;

 

 

HB5447 Enrolled- 1438 -LRB100 16294 AMC 31417 b

1        (5) the primary entrance of the premises and the
2    primary entrance of the school are at least 300 feet apart
3    and no more than 400 feet apart;
4        (6) the alderman of the ward in which the premises is
5    located has expressed, in writing, his support for the
6    issuance of the license; and
7        (7) the principal of the school has expressed, in
8    writing, that there is no objection to the issuance of a
9    license under this subsection (ff).
10    (gg) Notwithstanding any provision of this Section to the
11contrary, nothing in this Section shall prohibit the issuance
12or renewal of a license authorizing the sale of alcoholic
13liquor incidental to the sale of food within a restaurant or
14banquet facility established in a premises that is located in a
15municipality with a population in excess of 1,000,000
16inhabitants and within 100 feet of a church if:
17        (1) the sale of alcoholic liquor is not the principal
18    business carried on by the licensee at the premises;
19        (2) the property on which the church is located and the
20    property on which the premises are located are both within
21    a district originally listed on the National Register of
22    Historic Places on February 14, 1979;
23        (3) the property on which the premises are located
24    contains one or more multi-story buildings that are at
25    least 95 years old and have no more than three stories;
26        (4) the building in which the church is located is at

 

 

HB5447 Enrolled- 1439 -LRB100 16294 AMC 31417 b

1    least 120 years old;
2        (5) the property on which the church is located is
3    immediately adjacent to and west of the property on which
4    the premises are located;
5        (6) the western boundary of the property on which the
6    premises are located is no less than 118 feet in length and
7    no more than 122 feet in length;
8        (7) as of December 31, 2012, both the church property
9    and the property on which the premises are located are
10    within 250 feet of City of Chicago Business-Residential
11    Planned Development Number 38;
12        (8) the principal religious leader at the place of
13    worship has indicated his or her support for the issuance
14    of the license in writing; and
15        (9) the alderman in whose district the premises are
16    located has expressed his or her support for the issuance
17    of the license in writing.
18    For the purposes of this subsection, "banquet facility"
19means the part of the building that is located on the floor
20above a restaurant and caters to private parties and where the
21sale of alcoholic liquors is not the principal business.
22    (hh) Notwithstanding any provision of this Section to the
23contrary, nothing in this Section shall prohibit the issuance
24or renewal of a license authorizing the sale of alcoholic
25liquor within a hotel and at an outdoor patio area attached to
26the hotel that are located in a municipality with a population

 

 

HB5447 Enrolled- 1440 -LRB100 16294 AMC 31417 b

1in excess of 1,000,000 inhabitants and that are within 100 feet
2of a hospital if:
3        (1) the sale of alcoholic liquor is not the principal
4    business carried on by the licensee at the hotel;
5        (2) the hotel is located within the City of Chicago
6    Business Planned Development Number 468; and
7        (3) the hospital is located within the City of Chicago
8    Institutional Planned Development Number 3.
9    (ii) Notwithstanding any provision of this Section to the
10contrary, nothing in this Section shall prohibit the issuance
11or renewal of a license authorizing the sale of alcoholic
12liquor within a restaurant and at an outdoor patio area
13attached to the restaurant that are located in a municipality
14with a population in excess of 1,000,000 inhabitants and that
15are within 100 feet of a church if:
16        (1) the sale of alcoholic liquor at the premises is not
17    the principal business carried on by the licensee and is
18    incidental to the sale of food;
19        (2) the restaurant has been operated on the street
20    level of a 2-story building located on a corner lot since
21    2008;
22        (3) the restaurant is between 3,700 and 4,000 square
23    feet and sits on a lot that is no more than 6,200 square
24    feet;
25        (4) the primary entrance to the restaurant and the
26    primary entrance to the church are located on the same

 

 

HB5447 Enrolled- 1441 -LRB100 16294 AMC 31417 b

1    street;
2        (5) the street on which the restaurant and the church
3    are located is a major east-west street;
4        (6) the restaurant and the church are separated by a
5    one-way northbound street;
6        (7) the church is located to the west of and no more
7    than 65 feet from the restaurant; and
8        (8) the principal religious leader at the place of
9    worship has indicated his or her consent to the issuance of
10    the license in writing.
11    (jj) Notwithstanding any provision of this Section to the
12contrary, nothing in this Section shall prohibit the issuance
13or renewal of a license authorizing the sale of alcoholic
14liquor at premises located within a municipality with a
15population in excess of 1,000,000 inhabitants and within 100
16feet of a church if:
17        (1) the sale of alcoholic liquor is not the principal
18    business carried on by the licensee at the premises;
19        (2) the sale of alcoholic liquor is incidental to the
20    sale of food;
21        (3) the premises are located east of the church, on
22    perpendicular streets, and separated by an alley;
23        (4) the distance between the primary entrance of the
24    premises and the primary entrance of the church is at least
25    175 feet;
26        (5) the distance between the property line of the

 

 

HB5447 Enrolled- 1442 -LRB100 16294 AMC 31417 b

1    premises and the property line of the church is at least 40
2    feet;
3        (6) the licensee has been operating at the premises
4    since 2012;
5        (7) the church was constructed in 1904;
6        (8) the alderman of the ward in which the premises is
7    located has expressed, in writing, his or her support for
8    the issuance of the license; and
9        (9) the principal religious leader of the church has
10    delivered a written statement that he or she does not
11    object to the issuance of a license under this subsection
12    (jj).
13    (kk) Notwithstanding any provision of this Section to the
14contrary, nothing in this Section shall prohibit the issuance
15or renewal of a license authorizing the sale of alcoholic
16liquor at a premises that is located within a municipality with
17a population in excess of 1,000,000 inhabitants and within 100
18feet of a school if:
19        (1) the sale of alcoholic liquor is not the principal
20    business carried on by the licensee at the premises;
21        (2) the licensee shall only sell packaged liquors on
22    the premises;
23        (3) the licensee is a national retail chain;
24        (4) as of February 27, 2013, the licensee had 1,778
25    stores operating nationwide, 89 operating in this State,
26    and 11 stores operating within the municipality;

 

 

HB5447 Enrolled- 1443 -LRB100 16294 AMC 31417 b

1        (5) the licensee shall occupy approximately 169,048
2    square feet of space within a building that is located
3    across the street from a tuition-based preschool; and
4        (6) the alderman of the ward in which the premises is
5    located has expressed, in writing, his or her support for
6    the issuance of the license.
7    (ll) Notwithstanding any provision of this Section to the
8contrary, nothing in this Section shall prohibit the issuance
9or renewal of a license authorizing the sale of alcoholic
10liquor at a premises that is located within a municipality with
11a population in excess of 1,000,000 inhabitants and within 100
12feet of a school if:
13        (1) the sale of alcoholic liquor is not the principal
14    business carried on by the licensee at the premises;
15        (2) the licensee shall only sell packaged liquors on
16    the premises;
17        (3) the licensee is a national retail chain;
18        (4) as of February 27, 2013, the licensee had 1,778
19    stores operating nationwide, 89 operating in this State,
20    and 11 stores operating within the municipality;
21        (5) the licensee shall occupy approximately 191,535
22    square feet of space within a building that is located
23    across the street from an elementary school; and
24        (6) the alderman of the ward in which the premises is
25    located has expressed, in writing, his or her support for
26    the issuance of the license.

 

 

HB5447 Enrolled- 1444 -LRB100 16294 AMC 31417 b

1    (mm) Notwithstanding any provision of this Section to the
2contrary, nothing in this Section shall prohibit the issuance
3or renewal of a license authorizing the sale of alcoholic
4liquor within premises and at an outdoor patio or sidewalk
5cafe, or both, attached to premises that are located in a
6municipality with a population in excess of 1,000,000
7inhabitants and that are within 100 feet of a hospital if:
8        (1) the primary business of the restaurant consists of
9    the sale of food where the sale of liquor is incidental to
10    the sale of food;
11        (2) as a restaurant, the premises may or may not offer
12    catering as an incidental part of food service;
13        (3) the primary business of the restaurant is conducted
14    in space owned by a hospital or an entity owned or
15    controlled by, under common control with, or that controls
16    a hospital, and the chief hospital administrator has
17    expressed his or her support for the issuance of the
18    license in writing; and
19        (4) the hospital is an adult acute care facility
20    primarily located within the City of Chicago Institutional
21    Planned Development Number 3.
22    (nn) Notwithstanding any provision of this Section to the
23contrary, nothing in this Section shall prohibit the issuance
24or renewal of a license authorizing the sale of alcoholic
25liquor at a premises that is located within a municipality with
26a population in excess of 1,000,000 inhabitants and within 100

 

 

HB5447 Enrolled- 1445 -LRB100 16294 AMC 31417 b

1feet of a church if:
2        (1) the sale of alcoholic liquor is not the principal
3    business carried out on the premises;
4        (2) the sale of alcoholic liquor at the premises is
5    incidental to the operation of a theater;
6        (3) the premises are a building that was constructed in
7    1913 and opened on May 24, 1915 as a vaudeville theater,
8    and the premises were converted to a motion picture theater
9    in 1935;
10        (4) the church was constructed in 1889 with a stone
11    exterior;
12        (5) the primary entrance of the premises and the
13    primary entrance of the church are at least 100 feet apart;
14        (6) the principal religious leader at the place of
15    worship has indicated his or her consent to the issuance of
16    the license in writing; and
17        (7) the alderman in whose ward the premises are located
18    has expressed his or her support for the issuance of the
19    license in writing.
20    (oo) Notwithstanding any provision of this Section to the
21contrary, nothing in this Section shall prohibit the issuance
22or renewal of a license authorizing the sale of alcoholic
23liquor at a premises that is located within a municipality with
24a population in excess of 1,000,000 inhabitants and within 100
25feet of a mosque, church, or other place of worship if:
26        (1) the primary entrance of the premises and the

 

 

HB5447 Enrolled- 1446 -LRB100 16294 AMC 31417 b

1    primary entrance of the mosque, church, or other place of
2    worship are perpendicular and are on different streets;
3        (2) the primary entrance to the premises faces West and
4    the primary entrance to the mosque, church, or other place
5    of worship faces South;
6        (3) the distance between the 2 primary entrances is at
7    least 100 feet;
8        (4) the mosque, church, or other place of worship was
9    established in a location within 100 feet of the premises
10    after a license for the sale of alcohol at the premises was
11    first issued;
12        (5) the mosque, church, or other place of worship was
13    established on or around January 1, 2011;
14        (6) a license for the sale of alcohol at the premises
15    was first issued on or before January 1, 1985;
16        (7) a license for the sale of alcohol at the premises
17    has been continuously in effect since January 1, 1985,
18    except for interruptions between licenses of no more than
19    90 days; and
20        (8) the premises are a single-story, single-use
21    building of at least 3,000 square feet and no more than
22    3,380 square feet.
23    (pp) Notwithstanding any provision of this Section to the
24contrary, nothing in this Section shall prohibit the issuance
25or renewal of a license authorizing the sale of alcoholic
26liquor incidental to the sale of food within a restaurant or

 

 

HB5447 Enrolled- 1447 -LRB100 16294 AMC 31417 b

1banquet facility established on premises that are located in a
2municipality with a population in excess of 1,000,000
3inhabitants and within 100 feet of at least one church if:
4        (1) the sale of liquor shall not be the principal
5    business carried on by the licensee at the premises;
6        (2) the premises are at least 2,000 square feet and no
7    more than 10,000 square feet and is located in a
8    single-story building;
9        (3) the property on which the premises are located is
10    within an area that, as of 2009, was designated as a
11    Renewal Community by the United States Department of
12    Housing and Urban Development;
13        (4) the property on which the premises are located and
14    the properties on which the churches are located are on the
15    same street;
16        (5) the property on which the premises are located is
17    immediately adjacent to and east of the property on which
18    at least one of the churches is located;
19        (6) the property on which the premises are located is
20    across the street and southwest of the property on which
21    another church is located;
22        (7) the principal religious leaders of the churches
23    have indicated their support for the issuance of the
24    license in writing; and
25        (8) the alderman in whose ward the premises are located
26    has expressed his or her support for the issuance of the

 

 

HB5447 Enrolled- 1448 -LRB100 16294 AMC 31417 b

1    license in writing.
2    For purposes of this subsection (pp), "banquet facility"
3means the part of the building that caters to private parties
4and where the sale of alcoholic liquors is not the principal
5business.
6    (qq) Notwithstanding any provision of this Section to the
7contrary, nothing in this Section shall prohibit the issuance
8or renewal of a license authorizing the sale of alcoholic
9liquor on premises that are located within a municipality with
10a population in excess of 1,000,000 inhabitants and within 100
11feet of a church or school if:
12        (1) the primary entrance of the premises and the
13    closest entrance of the church or school are at least 200
14    feet apart and no greater than 300 feet apart;
15        (2) the shortest distance between the premises and the
16    church or school is at least 66 feet apart and no greater
17    than 81 feet apart;
18        (3) the premises are a single-story, steel-framed
19    commercial building with at least 18,042 square feet, and
20    was constructed in 1925 and 1997;
21        (4) the owner of the business operated within the
22    premises has been the general manager of a similar
23    supermarket within one mile from the premises, which has
24    had a valid license authorizing the sale of alcoholic
25    liquor since 2002, and is in good standing with the City of
26    Chicago;

 

 

HB5447 Enrolled- 1449 -LRB100 16294 AMC 31417 b

1        (5) the principal religious leader at the place of
2    worship has indicated his or her support to the issuance or
3    renewal of the license in writing;
4        (6) the alderman of the ward has indicated his or her
5    support to the issuance or renewal of the license in
6    writing; and
7        (7) the principal of the school has indicated his or
8    her support to the issuance or renewal of the license in
9    writing.
10    (rr) Notwithstanding any provision of this Section to the
11contrary, nothing in this Section shall prohibit the issuance
12or renewal of a license authorizing the sale of alcoholic
13liquor at premises located within a municipality with a
14population in excess of 1,000,000 inhabitants and within 100
15feet of a club that leases space to a school if:
16        (1) the sale of alcoholic liquor is not the principal
17    business carried out on the premises;
18        (2) the sale of alcoholic liquor at the premises is
19    incidental to the operation of a grocery store;
20        (3) the premises are a building of approximately 1,750
21    square feet and is rented by the owners of the grocery
22    store from a family member;
23        (4) the property line of the premises is approximately
24    68 feet from the property line of the club;
25        (5) the primary entrance of the premises and the
26    primary entrance of the club where the school leases space

 

 

HB5447 Enrolled- 1450 -LRB100 16294 AMC 31417 b

1    are at least 100 feet apart;
2        (6) the director of the club renting space to the
3    school has indicated his or her consent to the issuance of
4    the license in writing; and
5        (7) the alderman in whose district the premises are
6    located has expressed his or her support for the issuance
7    of the license in writing.
8    (ss) Notwithstanding any provision of this Section to the
9contrary, nothing in this Section shall prohibit the issuance
10or renewal of a license authorizing the sale of alcoholic
11liquor at premises located within a municipality with a
12population in excess of 1,000,000 inhabitants and within 100
13feet of a church if:
14        (1) the premises are located within a 15 unit building
15    with 13 residential apartments and 2 commercial spaces, and
16    the licensee will occupy both commercial spaces;
17        (2) a restaurant has been operated on the premises
18    since June 2011;
19        (3) the restaurant currently occupies 1,075 square
20    feet, but will be expanding to include 975 additional
21    square feet;
22        (4) the sale of alcoholic liquor is not the principal
23    business carried on by the licensee at the premises;
24        (5) the premises are located south of the church and on
25    the same street and are separated by a one-way westbound
26    street;

 

 

HB5447 Enrolled- 1451 -LRB100 16294 AMC 31417 b

1        (6) the primary entrance of the premises is at least 93
2    feet from the primary entrance of the church;
3        (7) the shortest distance between any part of the
4    premises and any part of the church is at least 72 feet;
5        (8) the building in which the restaurant is located was
6    built in 1910;
7        (9) the alderman of the ward in which the premises are
8    located has expressed, in writing, his or her support for
9    the issuance of the license; and
10        (10) the principal religious leader of the church has
11    delivered a written statement that he or she does not
12    object to the issuance of a license under this subsection
13    (ss).
14    (tt) Notwithstanding any provision of this Section to the
15contrary, nothing in this Section shall prohibit the issuance
16or renewal of a license authorizing the sale of alcoholic
17liquor at premises located within a municipality with a
18population in excess of 1,000,000 inhabitants and within 100
19feet of a church if:
20        (1) the sale of alcoholic liquor is not the principal
21    business carried on by the licensee at the premises;
22        (2) the sale of alcoholic liquor is incidental to the
23    sale of food;
24        (3) the sale of alcoholic liquor at the premises was
25    previously authorized by a package goods liquor license;
26        (4) the premises are at least 40,000 square feet with

 

 

HB5447 Enrolled- 1452 -LRB100 16294 AMC 31417 b

1    25 parking spaces in the contiguous surface lot to the
2    north of the store and 93 parking spaces on the roof;
3        (5) the shortest distance between the lot line of the
4    parking lot of the premises and the exterior wall of the
5    church is at least 80 feet;
6        (6) the distance between the building in which the
7    church is located and the building in which the premises
8    are located is at least 180 feet;
9        (7) the main entrance to the church faces west and is
10    at least 257 feet from the main entrance of the premises;
11    and
12        (8) the applicant is the owner of 10 similar grocery
13    stores within the City of Chicago and the surrounding area
14    and has been in business for more than 30 years.
15    (uu) Notwithstanding any provision of this Section to the
16contrary, nothing in this Section shall prohibit the issuance
17or renewal of a license authorizing the sale of alcoholic
18liquor at premises located within a municipality with a
19population in excess of 1,000,000 inhabitants and within 100
20feet of a church if:
21        (1) the sale of alcoholic liquor is not the principal
22    business carried on by the licensee at the premises;
23        (2) the sale of alcoholic liquor is incidental to the
24    operation of a grocery store;
25        (3) the premises are located in a building that is
26    approximately 68,000 square feet with 157 parking spaces on

 

 

HB5447 Enrolled- 1453 -LRB100 16294 AMC 31417 b

1    property that was previously vacant land;
2        (4) the main entrance to the church faces west and is
3    at least 500 feet from the entrance of the premises, which
4    faces north;
5        (5) the church and the premises are separated by an
6    alley;
7        (6) the applicant is the owner of 9 similar grocery
8    stores in the City of Chicago and the surrounding area and
9    has been in business for more than 40 years; and
10        (7) the alderman of the ward in which the premises are
11    located has expressed, in writing, his or her support for
12    the issuance of the license.
13    (vv) Notwithstanding any provision of this Section to the
14contrary, nothing in this Section shall prohibit the issuance
15or renewal of a license authorizing the sale of alcoholic
16liquor at premises located within a municipality with a
17population in excess of 1,000,000 inhabitants and within 100
18feet of a church if:
19        (1) the sale of alcoholic liquor is the principal
20    business carried on by the licensee at the premises;
21        (2) the sale of alcoholic liquor is primary to the sale
22    of food;
23        (3) the premises are located south of the church and on
24    perpendicular streets and are separated by a driveway;
25        (4) the primary entrance of the premises is at least
26    100 feet from the primary entrance of the church;

 

 

HB5447 Enrolled- 1454 -LRB100 16294 AMC 31417 b

1        (5) the shortest distance between any part of the
2    premises and any part of the church is at least 15 feet;
3        (6) the premises are less than 100 feet from the church
4    center, but greater than 100 feet from the area within the
5    building where church services are held;
6        (7) the premises are 25,830 square feet and sit on a
7    lot that is 0.48 acres;
8        (8) the premises were once designated as a Korean
9    American Presbyterian Church and were once used as a
10    Masonic Temple;
11        (9) the premises were built in 1910;
12        (10) the alderman of the ward in which the premises are
13    located has expressed, in writing, his or her support for
14    the issuance of the license; and
15        (11) the principal religious leader of the church has
16    delivered a written statement that he or she does not
17    object to the issuance of a license under this subsection
18    (vv).
19    For the purposes of this subsection (vv), "premises" means
20a place of business together with a privately owned outdoor
21location that is adjacent to the place of business.
22    (ww) Notwithstanding any provision of this Section to the
23contrary, nothing in this Section shall prohibit the issuance
24or renewal of a license authorizing the sale of alcoholic
25liquor at premises located within a municipality with a
26population in excess of 1,000,000 inhabitants and within 100

 

 

HB5447 Enrolled- 1455 -LRB100 16294 AMC 31417 b

1feet of a school if:
2        (1) the school is located within Sub Area III of City
3    of Chicago Residential-Business Planned Development Number
4    523, as amended; and
5        (2) the premises are located within Sub Area I, Sub
6    Area II, or Sub Area IV of City of Chicago
7    Residential-Business Planned Development Number 523, as
8    amended.
9    (xx) Notwithstanding any provision of this Section to the
10contrary, nothing in this Section shall prohibit the issuance
11or renewal of a license authorizing the sale of alcoholic
12liquor at premises located within a municipality with a
13population in excess of 1,000,000 inhabitants and within 100
14feet of a church if:
15        (1) the sale of wine or wine-related products is the
16    exclusive business carried on by the licensee at the
17    premises;
18        (2) the primary entrance of the premises and the
19    primary entrance of the church are at least 100 feet apart
20    and are located on different streets;
21        (3) the building in which the premises are located and
22    the building in which the church is located are separated
23    by an alley;
24        (4) the premises consists of less than 2,000 square
25    feet of floor area dedicated to the sale of wine or
26    wine-related products;

 

 

HB5447 Enrolled- 1456 -LRB100 16294 AMC 31417 b

1        (5) the premises are located on the first floor of a
2    2-story building that is at least 99 years old and has a
3    residential unit on the second floor; and
4        (6) the principal religious leader at the church has
5    indicated his or her support for the issuance or renewal of
6    the license in writing.
7    (yy) Notwithstanding any provision of this Section to the
8contrary, nothing in this Section shall prohibit the issuance
9or renewal of a license authorizing the sale of alcoholic
10liquor at premises located within a municipality with a
11population in excess of 1,000,000 inhabitants and within 100
12feet of a church if:
13        (1) the premises are a 27-story hotel containing 191
14    guest rooms;
15        (2) the sale of alcoholic liquor is not the principal
16    business carried on by the licensee at the premises and is
17    limited to a restaurant located on the first floor of the
18    hotel;
19        (3) the hotel is adjacent to the church;
20        (4) the site is zoned as DX-16;
21        (5) the principal religious leader of the church has
22    delivered a written statement that he or she does not
23    object to the issuance of a license under this subsection
24    (yy); and
25        (6) the alderman of the ward in which the premises are
26    located has expressed, in writing, his or her support for

 

 

HB5447 Enrolled- 1457 -LRB100 16294 AMC 31417 b

1    the issuance of the license.
2    (zz) Notwithstanding any provision of this Section to the
3contrary, nothing in this Section shall prohibit the issuance
4or renewal of a license authorizing the sale of alcoholic
5liquor at premises located within a municipality with a
6population in excess of 1,000,000 inhabitants and within 100
7feet of a church if:
8        (1) the premises are a 15-story hotel containing 143
9    guest rooms;
10        (2) the premises are approximately 85,691 square feet;
11        (3) a restaurant is operated on the premises;
12        (4) the restaurant is located in the first floor lobby
13    of the hotel;
14        (5) the sale of alcoholic liquor is not the principal
15    business carried on by the licensee at the premises;
16        (6) the hotel is located approximately 50 feet from the
17    church and is separated from the church by a public street
18    on the ground level and by air space on the upper level,
19    which is where the public entrances are located;
20        (7) the site is zoned as DX-16;
21        (8) the principal religious leader of the church has
22    delivered a written statement that he or she does not
23    object to the issuance of a license under this subsection
24    (zz); and
25        (9) the alderman of the ward in which the premises are
26    located has expressed, in writing, his or her support for

 

 

HB5447 Enrolled- 1458 -LRB100 16294 AMC 31417 b

1    the issuance of the license.
2    (aaa) Notwithstanding any provision in this Section to the
3contrary, nothing in this Section shall prohibit the issuance
4or renewal of a license authorizing the sale of alcoholic
5liquor within a full-service grocery store at premises located
6within a municipality with a population in excess of 1,000,000
7inhabitants and within 100 feet of a school if:
8        (1) the sale of alcoholic liquor is not the primary
9    business activity of the grocery store;
10        (2) the premises are newly constructed on land that was
11    formerly used by the Young Men's Christian Association;
12        (3) the grocery store is located within a planned
13    development that was approved by the municipality in 2007;
14        (4) the premises are located in a multi-building,
15    mixed-use complex;
16        (5) the entrance to the grocery store is located more
17    than 200 feet from the entrance to the school;
18        (6) the entrance to the grocery store is located across
19    the street from the back of the school building, which is
20    not used for student or public access;
21        (7) the grocery store executed a binding lease for the
22    property in 2008;
23        (8) the premises consist of 2 levels and occupy more
24    than 80,000 square feet;
25        (9) the owner and operator of the grocery store
26    operates at least 10 other grocery stores that have

 

 

HB5447 Enrolled- 1459 -LRB100 16294 AMC 31417 b

1    alcoholic liquor licenses within the same municipality;
2    and
3        (10) the director of the school has expressed, in
4    writing, his or her support for the issuance of the
5    license.
6    (bbb) Notwithstanding any provision of this Section to the
7contrary, nothing in this Section shall prohibit the issuance
8or renewal of a license authorizing the sale of alcoholic
9liquor at premises located within a municipality with a
10population in excess of 1,000,000 inhabitants and within 100
11feet of a church if:
12        (1) the sale of alcoholic liquor at the premises is
13    incidental to the sale of food;
14        (2) the premises are located in a single-story building
15    of primarily brick construction containing at least 6
16    commercial units constructed before 1940;
17        (3) the premises are located in a B3-2 zoning district;
18        (4) the premises are less than 4,000 square feet;
19        (5) the church established its congregation in 1891 and
20    completed construction of the church building in 1990;
21        (6) the premises are located south of the church;
22        (7) the premises and church are located on the same
23    street and are separated by a one-way westbound street; and
24        (8) the principal religious leader of the church has
25    not indicated his or her opposition to the issuance or
26    renewal of the license in writing.

 

 

HB5447 Enrolled- 1460 -LRB100 16294 AMC 31417 b

1    (ccc) Notwithstanding any provision of this Section to the
2contrary, nothing in this Section shall prohibit the issuance
3or renewal of a license authorizing the sale of alcoholic
4liquor within a full-service grocery store at premises located
5within a municipality with a population in excess of 1,000,000
6inhabitants and within 100 feet of a church and school if:
7        (1) as of March 14, 2007, the premises are located in a
8    City of Chicago Residential-Business Planned Development
9    No. 1052;
10        (2) the sale of alcoholic liquor is not the principal
11    business carried on by the licensee at the premises;
12        (3) the sale of alcoholic liquor is incidental to the
13    operation of a grocery store and comprises no more than 10%
14    of the total in-store sales;
15        (4) the owner and operator of the grocery store
16    operates at least 10 other grocery stores that have
17    alcoholic liquor licenses within the same municipality;
18        (5) the premises are new construction when the license
19    is first issued;
20        (6) the constructed premises are to be no less than
21    50,000 square feet;
22        (7) the school is a private church-affiliated school;
23        (8) the premises and the property containing the church
24    and church-affiliated school are located on perpendicular
25    streets and the school and church are adjacent to one
26    another;

 

 

HB5447 Enrolled- 1461 -LRB100 16294 AMC 31417 b

1        (9) the pastor of the church and school has expressed,
2    in writing, support for the issuance of the license; and
3        (10) the alderman of the ward in which the premises are
4    located has expressed, in writing, his or her support for
5    the issuance of the license.
6    (ddd) Notwithstanding any provision of this Section to the
7contrary, nothing in this Section shall prohibit the issuance
8or renewal of a license authorizing the sale of alcoholic
9liquor at premises located within a municipality with a
10population in excess of 1,000,000 inhabitants and within 100
11feet of a church or school if:
12        (1) the business has been issued a license from the
13    municipality to allow the business to operate a theater on
14    the premises;
15        (2) the theater has less than 200 seats;
16        (3) the premises are approximately 2,700 to 3,100
17    square feet of space;
18        (4) the premises are located to the north of the
19    church;
20        (5) the primary entrance of the premises and the
21    primary entrance of any church within 100 feet of the
22    premises are located either on a different street or across
23    a right-of-way from the premises;
24        (6) the primary entrance of the premises and the
25    primary entrance of any school within 100 feet of the
26    premises are located either on a different street or across

 

 

HB5447 Enrolled- 1462 -LRB100 16294 AMC 31417 b

1    a right-of-way from the premises;
2        (7) the premises are located in a building that is at
3    least 100 years old; and
4        (8) any church or school located within 100 feet of the
5    premises has indicated its support for the issuance or
6    renewal of the license to the premises in writing.
7    (eee) Notwithstanding any provision of this Section to the
8contrary, nothing in this Section shall prohibit the issuance
9or renewal of a license authorizing the sale of alcoholic
10liquor at premises located within a municipality with a
11population in excess of 1,000,000 inhabitants and within 100
12feet of a church and school if:
13        (1) the sale of alcoholic liquor is incidental to the
14    sale of food;
15        (2) the sale of alcoholic liquor is not the principal
16    business carried on by the applicant on the premises;
17        (3) a family-owned restaurant has operated on the
18    premises since 1957;
19        (4) the premises occupy the first floor of a 3-story
20    building that is at least 90 years old;
21        (5) the distance between the property line of the
22    premises and the property line of the church is at least 20
23    feet;
24        (6) the church was established at its current location
25    and the present structure was erected before 1900;
26        (7) the primary entrance of the premises is at least 75

 

 

HB5447 Enrolled- 1463 -LRB100 16294 AMC 31417 b

1    feet from the primary entrance of the church;
2        (8) the school is affiliated with the church;
3        (9) the principal religious leader at the place of
4    worship has indicated his or her support for the issuance
5    of the license in writing;
6        (10) the principal of the school has indicated in
7    writing that he or she is not opposed to the issuance of
8    the license; and
9        (11) the alderman of the ward in which the premises are
10    located has expressed, in writing, his or her lack of an
11    objection to the issuance of the license.
12    (fff) Notwithstanding any provision of this Section to the
13contrary, nothing in this Section shall prohibit the issuance
14or renewal of a license authorizing the sale of alcoholic
15liquor at premises located within a municipality with a
16population in excess of 1,000,000 inhabitants and within 100
17feet of a church if:
18        (1) the sale of alcoholic liquor is not the principal
19    business carried on by the licensee at the premises;
20        (2) the sale of alcoholic liquor at the premises is
21    incidental to the operation of a grocery store;
22        (3) the premises are a one-story building containing
23    approximately 10,000 square feet and are rented by the
24    owners of the grocery store;
25        (4) the sale of alcoholic liquor at the premises occurs
26    in a retail area of the grocery store that is approximately

 

 

HB5447 Enrolled- 1464 -LRB100 16294 AMC 31417 b

1    3,500 square feet;
2        (5) the grocery store has operated at the location
3    since 1984;
4        (6) the grocery store is closed on Sundays;
5        (7) the property on which the premises are located is a
6    corner lot that is bound by 3 streets and an alley, where
7    one street is a one-way street that runs north-south, one
8    street runs east-west, and one street runs
9    northwest-southeast;
10        (8) the property line of the premises is approximately
11    16 feet from the property line of the building where the
12    church is located;
13        (9) the premises are separated from the building
14    containing the church by a public alley;
15        (10) the primary entrance of the premises and the
16    primary entrance of the church are at least 100 feet apart;
17        (11) representatives of the church have delivered a
18    written statement that the church does not object to the
19    issuance of a license under this subsection (fff); and
20        (12) the alderman of the ward in which the grocery
21    store is located has expressed, in writing, his or her
22    support for the issuance of the license.
23    (ggg) Notwithstanding any provision of this Section to the
24contrary, nothing in this Section shall prohibit the issuance
25or renewal of licenses authorizing the sale of alcoholic liquor
26within a restaurant or lobby coffee house at premises located

 

 

HB5447 Enrolled- 1465 -LRB100 16294 AMC 31417 b

1within a municipality with a population in excess of 1,000,000
2inhabitants and within 100 feet of a church and school if:
3        (1) a residential retirement home formerly operated on
4    the premises and the premises are being converted into a
5    new apartment living complex containing studio and
6    one-bedroom apartments with ground floor retail space;
7        (2) the restaurant and lobby coffee house are located
8    within a Community Shopping District within the
9    municipality;
10        (3) the premises are located in a single-building,
11    mixed-use complex that, in addition to the restaurant and
12    lobby coffee house, contains apartment residences, a
13    fitness center for the residents of the apartment building,
14    a lobby designed as a social center for the residents, a
15    rooftop deck, and a patio with a dog run for the exclusive
16    use of the residents;
17        (4) the sale of alcoholic liquor is not the primary
18    business activity of the apartment complex, restaurant, or
19    lobby coffee house;
20        (5) the entrance to the apartment residence is more
21    than 310 feet from the entrance to the school and church;
22        (6) the entrance to the apartment residence is located
23    at the end of the block around the corner from the south
24    side of the school building;
25        (7) the school is affiliated with the church;
26        (8) the pastor of the parish, principal of the school,

 

 

HB5447 Enrolled- 1466 -LRB100 16294 AMC 31417 b

1    and the titleholder to the church and school have given
2    written consent to the issuance of the license;
3        (9) the alderman of the ward in which the premises are
4    located has given written consent to the issuance of the
5    license; and
6        (10) the neighborhood block club has given written
7    consent to the issuance of the license.
8    (hhh) Notwithstanding any provision of this Section to the
9contrary, nothing in this Section shall prohibit the issuance
10or renewal of a license to sell alcoholic liquor at premises
11located within a municipality with a population in excess of
121,000,000 inhabitants and within 100 feet of a home for
13indigent persons or a church if:
14        (1) a restaurant operates on the premises and has been
15    in operation since January of 2014;
16        (2) the sale of alcoholic liquor is incidental to the
17    sale of food;
18        (3) the sale of alcoholic liquor is not the principal
19    business carried on by the licensee on the premises;
20        (4) the premises occupy the first floor of a 3-story
21    building that is at least 100 years old;
22        (5) the primary entrance to the premises is more than
23    100 feet from the primary entrance to the home for indigent
24    persons, which opened in 1989 and is operated to address
25    homelessness and provide shelter;
26        (6) the primary entrance to the premises and the

 

 

HB5447 Enrolled- 1467 -LRB100 16294 AMC 31417 b

1    primary entrance to the home for indigent persons are
2    located on different streets;
3        (7) the executive director of the home for indigent
4    persons has given written consent to the issuance of the
5    license;
6        (8) the entrance to the premises is located within 100
7    feet of a Buddhist temple;
8        (9) the entrance to the premises is more than 100 feet
9    from where any worship or educational programming is
10    conducted by the Buddhist temple and is located in an area
11    used only for other purposes; and
12        (10) the president and the board of directors of the
13    Buddhist temple have given written consent to the issuance
14    of the license.
15    (iii) Notwithstanding any provision of this Section to the
16contrary, nothing in this Section shall prohibit the issuance
17or renewal of a license authorizing the sale of alcoholic
18liquor at premises located within a municipality in excess of
191,000,000 inhabitants and within 100 feet of a home for the
20aged if:
21        (1) the sale of alcoholic liquor is not the principal
22    business carried on by the licensee on the premises;
23        (2) the sale of alcoholic liquor at the premises is
24    incidental to the operation of a restaurant;
25        (3) the premises are on the ground floor of a
26    multi-floor, university-affiliated housing facility;

 

 

HB5447 Enrolled- 1468 -LRB100 16294 AMC 31417 b

1        (4) the premises occupy 1,916 square feet of space,
2    with the total square footage from which liquor will be
3    sold, served, and consumed to be 900 square feet;
4        (5) the premises are separated from the home for the
5    aged by an alley;
6        (6) the primary entrance to the premises and the
7    primary entrance to the home for the aged are at least 500
8    feet apart and located on different streets;
9        (7) representatives of the home for the aged have
10    expressed, in writing, that the home does not object to the
11    issuance of a license under this subsection; and
12        (8) the alderman of the ward in which the restaurant is
13    located has expressed, in writing, his or her support for
14    the issuance of the license.
15    (jjj) Notwithstanding any provision of this Section to the
16contrary, nothing in this Section shall prohibit the issuance
17or renewal of a license authorizing the sale of alcoholic
18liquor at premises located within a municipality with a
19population in excess of 1,000,000 inhabitants and within 100
20feet of a school if:
21        (1) as of January 1, 2016, the premises were used for
22    the sale of alcoholic liquor for consumption on the
23    premises and were authorized to do so pursuant to a retail
24    tavern license held by an individual as the sole proprietor
25    of the premises;
26        (2) the primary entrance to the school and the primary

 

 

HB5447 Enrolled- 1469 -LRB100 16294 AMC 31417 b

1    entrance to the premises are on the same street;
2        (3) the school was founded in 1949;
3        (4) the building in which the premises are situated was
4    constructed before 1930;
5        (5) the building in which the premises are situated is
6    immediately across the street from the school; and
7        (6) the school has not indicated its opposition to the
8    issuance or renewal of the license in writing.
9    (kkk) (Blank).
10    (lll) Notwithstanding any provision of this Section to the
11contrary, nothing in this Section shall prohibit the issuance
12or renewal of a license authorizing the sale of alcoholic
13liquor at premises located within a municipality with a
14population in excess of 1,000,000 inhabitants and within 100
15feet of a synagogue or school if:
16        (1) the sale of alcoholic liquor at the premises is
17    incidental to the sale of food;
18        (2) the sale of alcoholic liquor is not the principal
19    business carried on by the licensee at the premises;
20        (3) the premises are located on the same street on
21    which the synagogue or school is located;
22        (4) the primary entrance to the premises and the
23    closest entrance to the synagogue or school is at least 100
24    feet apart;
25        (5) the shortest distance between the premises and the
26    synagogue or school is at least 65 feet apart and no

 

 

HB5447 Enrolled- 1470 -LRB100 16294 AMC 31417 b

1    greater than 70 feet apart;
2        (6) the premises are between 1,800 and 2,000 square
3    feet;
4        (7) the synagogue was founded in 1861; and
5        (8) the leader of the synagogue has indicated, in
6    writing, the synagogue's support for the issuance or
7    renewal of the license.
8    (mmm) Notwithstanding any provision of this Section to the
9contrary, nothing in this Section shall prohibit the issuance
10or renewal of licenses authorizing the sale of alcoholic liquor
11within a restaurant or lobby coffee house at premises located
12within a municipality with a population in excess of 1,000,000
13inhabitants and within 100 feet of a church if:
14        (1) the sale of alcoholic liquor is not the principal
15    business carried on by the licensee at the premises;
16        (2) the sale of alcoholic liquor at the premises is
17    incidental to the sale of food in a restaurant;
18        (3) the restaurant has been run by the same family for
19    at least 19 consecutive years;
20        (4) the premises are located in a 3-story building in
21    the most easterly part of the first floor;
22        (5) the building in which the premises are located has
23    residential housing on the second and third floors;
24        (6) the primary entrance to the premises is on a
25    north-south street around the corner and across an alley
26    from the primary entrance to the church, which is on an

 

 

HB5447 Enrolled- 1471 -LRB100 16294 AMC 31417 b

1    east-west street;
2        (7) the primary entrance to the church and the primary
3    entrance to the premises are more than 160 feet apart; and
4        (8) the church has expressed, in writing, its support
5    for the issuance of a license under this subsection.
6    (nnn) Notwithstanding any provision of this Section to the
7contrary, nothing in this Section shall prohibit the issuance
8or renewal of licenses authorizing the sale of alcoholic liquor
9within a restaurant or lobby coffee house at premises located
10within a municipality with a population in excess of 1,000,000
11inhabitants and within 100 feet of a school and church or
12synagogue if:
13        (1) the sale of alcoholic liquor is not the principal
14    business carried on by the licensee at the premises;
15        (2) the sale of alcoholic liquor at the premises is
16    incidental to the sale of food in a restaurant;
17        (3) the front door of the synagogue faces east on the
18    next north-south street east of and parallel to the
19    north-south street on which the restaurant is located where
20    the restaurant's front door faces west;
21        (4) the closest exterior pedestrian entrance that
22    leads to the school or the synagogue is across an east-west
23    street and at least 300 feet from the primary entrance to
24    the restaurant;
25        (5) the nearest church-related or school-related
26    building is a community center building;

 

 

HB5447 Enrolled- 1472 -LRB100 16294 AMC 31417 b

1        (6) the restaurant is on the ground floor of a 3-story
2    building constructed in 1896 with a brick façade;
3        (7) the restaurant shares the ground floor with a
4    theater, and the second and third floors of the building in
5    which the restaurant is located consists of residential
6    housing;
7        (8) the leader of the synagogue and school has
8    expressed, in writing, that the synagogue does not object
9    to the issuance of a license under this subsection; and
10        (9) the alderman of the ward in which the premises is
11    located has expressed, in writing, his or her support for
12    the issuance of the license.
13    (ooo) Notwithstanding any provision of this Section to the
14contrary, nothing in this Section shall prohibit the issuance
15or renewal of a license authorizing the sale of alcoholic
16liquor at premises located within a municipality with a
17population in excess of 2,000 but less than 5,000 inhabitants
18in a county with a population in excess of 3,000,000 and within
19100 feet of a home for the aged if:
20        (1) as of March 1, 2016, the premises were used to sell
21    alcohol pursuant to a retail tavern and packaged goods
22    license issued by the municipality and held by a limited
23    liability company as the proprietor of the premises;
24        (2) the home for the aged was completed in 2015;
25        (3) the home for the aged is a 5-story structure;
26        (4) the building in which the premises are situated is

 

 

HB5447 Enrolled- 1473 -LRB100 16294 AMC 31417 b

1    directly adjacent to the home for the aged;
2        (5) the building in which the premises are situated was
3    constructed before 1950;
4        (6) the home for the aged has not indicated its
5    opposition to the issuance or renewal of the license; and
6        (7) the president of the municipality has expressed in
7    writing that he or she does not object to the issuance or
8    renewal of the license.
9    (ppp) Notwithstanding any provision of this Section to the
10contrary, nothing in this Section shall prohibit the issuance
11or renewal of a license authorizing the sale of alcoholic
12liquor at premises located within a municipality with a
13population in excess of 1,000,000 inhabitants and within 100
14feet of a church or churches if:
15        (1) the shortest distance between the premises and a
16    church is at least 78 feet apart and no greater than 95
17    feet apart;
18        (2) the premises are a single-story, brick commercial
19    building and between 3,600 to 4,000 square feet and the
20    original building was built before 1922;
21        (3) the premises are located in a B3-2 zoning district;
22        (4) the premises are separated from the buildings
23    containing the churches by a street;
24        (5) the previous owners of the business located on the
25    premises held a liquor license for at least 10 years;
26        (6) the new owner of the business located on the

 

 

HB5447 Enrolled- 1474 -LRB100 16294 AMC 31417 b

1    premises has managed 2 other food and liquor stores since
2    1997;
3        (7) the principal religious leaders at the places of
4    worship have indicated their support for the issuance or
5    renewal of the license in writing; and
6        (8) the alderman of the ward in which the premises are
7    located has indicated his or her support for the issuance
8    or renewal of the license in writing.
9    (qqq) Notwithstanding any provision of this Section to the
10contrary, nothing in this Section shall prohibit the issuance
11or renewal of a license authorizing the sale of alcoholic
12liquor at premises located within a municipality with a
13population in excess of 1,000,000 inhabitants and within 100
14feet of a church if:
15        (1) the sale of alcoholic liquor at the premises is
16    incidental to the sale of food;
17        (2) the sale of alcoholic liquor is not the principal
18    business carried on by the licensee at the premises;
19        (3) the premises are located on the opposite side of
20    the same street on which the church is located;
21        (4) the church is located on a corner lot;
22        (5) the shortest distance between the premises and the
23    church is at least 90 feet apart and no greater than 95
24    feet apart;
25        (6) the premises are at least 3,000 but no more than
26    5,000 square feet;

 

 

HB5447 Enrolled- 1475 -LRB100 16294 AMC 31417 b

1        (7) the church's original chapel was built in 1858;
2        (8) the church's first congregation was organized in
3    1860; and
4        (9) the leaders of the church and the alderman of the
5    ward in which the premises are located has expressed, in
6    writing, their support for the issuance of the license.
7    (rrr) Notwithstanding any provision of this Section to the
8contrary, nothing in this Section shall prohibit the issuance
9or renewal of a license authorizing the sale of alcoholic
10liquor at a restaurant or banquet facility established within
11premises located within a municipality with a population in
12excess of 1,000,000 inhabitants and within 100 feet of a church
13or school if:
14        (1) the sale of alcoholic liquor at the premises is
15    incidental to the sale of food;
16        (2) the sale of alcoholic liquor is not the principal
17    business carried on by the licensee at the premises;
18        (3) the immediately prior owner or the operator of the
19    restaurant or banquet facility held a valid retail license
20    authorizing the sale of alcoholic liquor at the premises
21    for at least part of the 24 months before a change of
22    ownership;
23        (4) the premises are located immediately east and
24    across the street from an elementary school;
25        (5) the premises and elementary school are part of an
26    approximately 100-acre campus owned by the church;

 

 

HB5447 Enrolled- 1476 -LRB100 16294 AMC 31417 b

1        (6) the school opened in 1999 and was named after the
2    founder of the church; and
3        (7) the alderman of the ward in which the premises are
4    located has expressed, in writing, his or her support for
5    the issuance of the license.
6    (sss) Notwithstanding any provision of this Section to the
7contrary, nothing in this Section shall prohibit the issuance
8or renewal of a license authorizing the sale of alcoholic
9liquor at premises located within a municipality with a
10population in excess of 1,000,000 inhabitants and within 100
11feet of a church or school if:
12        (1) the premises are at least 5,300 square feet and
13    located in a building that was built prior to 1940;
14        (2) the shortest distance between the property line of
15    the premises and the exterior wall of the building in which
16    the church is located is at least 109 feet;
17        (3) the distance between the building in which the
18    church is located and the building in which the premises
19    are located is at least 118 feet;
20        (4) the main entrance to the church faces west and is
21    at least 602 feet from the main entrance of the premises;
22        (5) the shortest distance between the property line of
23    the premises and the property line of the school is at
24    least 177 feet;
25        (6) the applicant has been in business for more than 10
26    years;

 

 

HB5447 Enrolled- 1477 -LRB100 16294 AMC 31417 b

1        (7) the principal religious leader of the church has
2    indicated his or her support for the issuance or renewal of
3    the license in writing;
4        (8) the principal of the school has indicated in
5    writing that he or she is not opposed to the issuance of
6    the license; and
7        (9) the alderman of the ward in which the premises are
8    located has expressed, in writing, his or her support for
9    the issuance of the license.
10    (ttt) Notwithstanding any provision of this Section to the
11contrary, nothing in this Section shall prohibit the issuance
12or renewal of a license authorizing the sale of alcoholic
13liquor at premises located within a municipality with a
14population in excess of 1,000,000 inhabitants and within 100
15feet of a church or school if:
16        (1) the premises are at least 59,000 square feet and
17    located in a building that was built prior to 1940;
18        (2) the shortest distance between the west property
19    line of the premises and the exterior wall of the church is
20    at least 99 feet;
21        (3) the distance between the building in which the
22    church is located and the building in which the premises
23    are located is at least 102 feet;
24        (4) the main entrance to the church faces west and is
25    at least 457 feet from the main entrance of the premises;
26        (5) the shortest distance between the property line of

 

 

HB5447 Enrolled- 1478 -LRB100 16294 AMC 31417 b

1    the premises and the property line of the school is at
2    least 66 feet;
3        (6) the applicant has been in business for more than 10
4    years;
5        (7) the principal religious leader of the church has
6    indicated his or her support for the issuance or renewal of
7    the license in writing;
8        (8) the principal of the school has indicated in
9    writing that he or she is not opposed to the issuance of
10    the license; and
11        (9) the alderman of the ward in which the premises are
12    located has expressed, in writing, his or her support for
13    the issuance of the license.
14    (uuu) Notwithstanding any provision of this Section to the
15contrary, nothing in this Section shall prohibit the issuance
16or renewal of a license authorizing the sale of alcoholic
17liquor at premises located within a municipality with a
18population in excess of 1,000,000 inhabitants and within 100
19feet of a place of worship if:
20        (1) the sale of liquor is incidental to the sale of
21    food;
22        (2) the premises are at least 7,100 square feet;
23        (3) the shortest distance between the north property
24    line of the premises and the nearest exterior wall of the
25    place of worship is at least 86 feet;
26        (4) the main entrance to the place of worship faces

 

 

HB5447 Enrolled- 1479 -LRB100 16294 AMC 31417 b

1    north and is more than 150 feet from the main entrance of
2    the premises;
3        (5) the applicant has been in business for more than 20
4    years at the location;
5        (6) the principal religious leader of the place of
6    worship has indicated his or her support for the issuance
7    or renewal of the license in writing; and
8        (7) the alderman of the ward in which the premises are
9    located has expressed, in writing, his or her support for
10    the issuance of the license.
11    (vvv) Notwithstanding any provision of this Section to the
12contrary, nothing in this Section shall prohibit the issuance
13or renewal of a license authorizing the sale of alcoholic
14liquor at premises located within a municipality with a
15population in excess of 1,000,000 inhabitants and within 100
16feet of 2 churches if:
17        (1) as of January 1, 2015, the premises were used for
18    the sale of alcoholic liquor for consumption on the
19    premises and the sale was authorized pursuant to a retail
20    tavern license held by an individual as the sole proprietor
21    of the premises;
22        (2) a primary entrance of the church situated to the
23    south of the premises is located on a street running
24    perpendicular to the street upon which a primary entrance
25    of the premises is situated;
26        (3) the church located to the south of the premises is

 

 

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1    a 3-story structure that was constructed in 2006;
2        (4) a parking lot separates the premises from the
3    church located to the south of the premises;
4        (5) the building in which the premises are situated was
5    constructed before 1930;
6        (6) the building in which the premises are situated is
7    a 2-story, mixed-use commercial and residential structure
8    containing more than 20,000 total square feet and
9    containing at least 7 residential units on the second floor
10    and 3 commercial units on the first floor;
11        (7) the building in which the premises are situated is
12    immediately adjacent to the church located to the north of
13    the premises;
14        (8) the primary entrance of the church located to the
15    north of the premises and the primary entrance of the
16    premises are located on the same street;
17        (9) the churches have not indicated their opposition to
18    the issuance or renewal of the license in writing; and
19        (10) the alderman of the ward in which the premises are
20    located has expressed, in writing, his or her support for
21    the issuance of the license.
22    (www) Notwithstanding any provision of this Section to the
23contrary, nothing in this Section shall prohibit the issuance
24or renewal of licenses authorizing the sale of alcoholic liquor
25within a restaurant at premises located within a municipality
26with a population in excess of 1,000,000 inhabitants and within

 

 

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1100 feet of a school if:
2        (1) the sale of alcoholic liquor is incidental to the
3    sale of food and is not the principal business of the
4    restaurant;
5        (2) the building in which the restaurant is located was
6    constructed in 1909 and is a 2-story structure;
7        (3) the restaurant has been operating continuously
8    since 1962, has been located at the existing premises since
9    1989, and has been owned and operated by the same family,
10    which also operates a deli in a building located
11    immediately to the east and adjacent and connected to the
12    restaurant;
13        (4) the entrance to the restaurant is more than 200
14    feet from the entrance to the school;
15        (5) the building in which the restaurant is located and
16    the building in which the school is located are separated
17    by a traffic-congested major street;
18        (6) the building in which the restaurant is located
19    faces a public park located to the east of the school,
20    cannot be seen from the windows of the school, and is not
21    directly across the street from the school;
22        (7) the school building is located 2 blocks from a
23    major private university;
24        (8) the school is a public school that has
25    pre-kindergarten through eighth grade classes, is an open
26    enrollment school, and has a preschool program that has

 

 

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1    earned a Gold Circle of Quality award;
2        (9) the local school council has given written consent
3    for the issuance of the liquor license; and
4        (10) the alderman of the ward in which the premises are
5    located has given written consent for the issuance of the
6    liquor license.
7    (xxx) (Blank).
8    (yyy) (sss) Notwithstanding any provision in this Section
9to the contrary, nothing in this Section shall prohibit the
10issuance or renewal of a license authorizing the sale of
11alcoholic liquor at a store that is located within a
12municipality with a population in excess of 1,000,000
13inhabitants and within 100 feet of a church if:
14        (1) the premises are primarily used for the sale of
15    alcoholic liquor;
16        (2) on January 1, 2017, the store was authorized to
17    sell alcoholic liquor pursuant to a package goods liquor
18    license;
19        (3) on January 1, 2017, the store occupied
20    approximately 5,560 square feet and will be expanded to
21    include 440 additional square feet for the purpose of
22    storage;
23        (4) the store was in existence before the church;
24        (5) the building in which the store is located was
25    built in 1956 and is immediately south of the church;
26        (6) the store and church are separated by an east-west

 

 

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1    street;
2        (7) the owner of the store received his first liquor
3    license in 1986;
4        (8) the church has not indicated its opposition to the
5    issuance or renewal of the license in writing; and
6        (9) the alderman of the ward in which the store is
7    located has expressed his or her support for the issuance
8    or renewal of the license.
9(Source: P.A. 99-46, eff. 7-15-15; 99-47, eff. 7-15-15; 99-477,
10eff. 8-27-15; 99-484, eff. 10-30-15; 99-558, eff. 7-15-16;
1199-642, eff. 7-28-16; 99-936, eff. 2-24-17; 100-36, eff.
128-4-17; 100-38, eff. 8-4-17; 100-201, eff. 8-18-17; revised
1310-12-17.)
 
14    Section 445. The Illinois Public Aid Code is amended by
15changing Sections 5-5, 5-8, 5-16.8, 5A-8, 6-1.3, 11-6, and 12-5
16as follows:
 
17    (305 ILCS 5/5-5)  (from Ch. 23, par. 5-5)
18    Sec. 5-5. Medical services. The Illinois Department, by
19rule, shall determine the quantity and quality of and the rate
20of reimbursement for the medical assistance for which payment
21will be authorized, and the medical services to be provided,
22which may include all or part of the following: (1) inpatient
23hospital services; (2) outpatient hospital services; (3) other
24laboratory and X-ray services; (4) skilled nursing home

 

 

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1services; (5) physicians' services whether furnished in the
2office, the patient's home, a hospital, a skilled nursing home,
3or elsewhere; (6) medical care, or any other type of remedial
4care furnished by licensed practitioners; (7) home health care
5services; (8) private duty nursing service; (9) clinic
6services; (10) dental services, including prevention and
7treatment of periodontal disease and dental caries disease for
8pregnant women, provided by an individual licensed to practice
9dentistry or dental surgery; for purposes of this item (10),
10"dental services" means diagnostic, preventive, or corrective
11procedures provided by or under the supervision of a dentist in
12the practice of his or her profession; (11) physical therapy
13and related services; (12) prescribed drugs, dentures, and
14prosthetic devices; and eyeglasses prescribed by a physician
15skilled in the diseases of the eye, or by an optometrist,
16whichever the person may select; (13) other diagnostic,
17screening, preventive, and rehabilitative services, including
18to ensure that the individual's need for intervention or
19treatment of mental disorders or substance use disorders or
20co-occurring mental health and substance use disorders is
21determined using a uniform screening, assessment, and
22evaluation process inclusive of criteria, for children and
23adults; for purposes of this item (13), a uniform screening,
24assessment, and evaluation process refers to a process that
25includes an appropriate evaluation and, as warranted, a
26referral; "uniform" does not mean the use of a singular

 

 

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1instrument, tool, or process that all must utilize; (14)
2transportation and such other expenses as may be necessary;
3(15) medical treatment of sexual assault survivors, as defined
4in Section 1a of the Sexual Assault Survivors Emergency
5Treatment Act, for injuries sustained as a result of the sexual
6assault, including examinations and laboratory tests to
7discover evidence which may be used in criminal proceedings
8arising from the sexual assault; (16) the diagnosis and
9treatment of sickle cell anemia; and (17) any other medical
10care, and any other type of remedial care recognized under the
11laws of this State. The term "any other type of remedial care"
12shall include nursing care and nursing home service for persons
13who rely on treatment by spiritual means alone through prayer
14for healing.
15    Notwithstanding any other provision of this Section, a
16comprehensive tobacco use cessation program that includes
17purchasing prescription drugs or prescription medical devices
18approved by the Food and Drug Administration shall be covered
19under the medical assistance program under this Article for
20persons who are otherwise eligible for assistance under this
21Article.
22    Notwithstanding any other provision of this Code,
23reproductive health care that is otherwise legal in Illinois
24shall be covered under the medical assistance program for
25persons who are otherwise eligible for medical assistance under
26this Article.

 

 

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1    Notwithstanding any other provision of this Code, the
2Illinois Department may not require, as a condition of payment
3for any laboratory test authorized under this Article, that a
4physician's handwritten signature appear on the laboratory
5test order form. The Illinois Department may, however, impose
6other appropriate requirements regarding laboratory test order
7documentation.
8    Upon receipt of federal approval of an amendment to the
9Illinois Title XIX State Plan for this purpose, the Department
10shall authorize the Chicago Public Schools (CPS) to procure a
11vendor or vendors to manufacture eyeglasses for individuals
12enrolled in a school within the CPS system. CPS shall ensure
13that its vendor or vendors are enrolled as providers in the
14medical assistance program and in any capitated Medicaid
15managed care entity (MCE) serving individuals enrolled in a
16school within the CPS system. Under any contract procured under
17this provision, the vendor or vendors must serve only
18individuals enrolled in a school within the CPS system. Claims
19for services provided by CPS's vendor or vendors to recipients
20of benefits in the medical assistance program under this Code,
21the Children's Health Insurance Program, or the Covering ALL
22KIDS Health Insurance Program shall be submitted to the
23Department or the MCE in which the individual is enrolled for
24payment and shall be reimbursed at the Department's or the
25MCE's established rates or rate methodologies for eyeglasses.
26    On and after July 1, 2012, the Department of Healthcare and

 

 

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1Family Services may provide the following services to persons
2eligible for assistance under this Article who are
3participating in education, training or employment programs
4operated by the Department of Human Services as successor to
5the Department of Public Aid:
6        (1) dental services provided by or under the
7    supervision of a dentist; and
8        (2) eyeglasses prescribed by a physician skilled in the
9    diseases of the eye, or by an optometrist, whichever the
10    person may select.
11    Notwithstanding any other provision of this Code and
12subject to federal approval, the Department may adopt rules to
13allow a dentist who is volunteering his or her service at no
14cost to render dental services through an enrolled
15not-for-profit health clinic without the dentist personally
16enrolling as a participating provider in the medical assistance
17program. A not-for-profit health clinic shall include a public
18health clinic or Federally Qualified Health Center or other
19enrolled provider, as determined by the Department, through
20which dental services covered under this Section are performed.
21The Department shall establish a process for payment of claims
22for reimbursement for covered dental services rendered under
23this provision.
24    The Illinois Department, by rule, may distinguish and
25classify the medical services to be provided only in accordance
26with the classes of persons designated in Section 5-2.

 

 

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1    The Department of Healthcare and Family Services must
2provide coverage and reimbursement for amino acid-based
3elemental formulas, regardless of delivery method, for the
4diagnosis and treatment of (i) eosinophilic disorders and (ii)
5short bowel syndrome when the prescribing physician has issued
6a written order stating that the amino acid-based elemental
7formula is medically necessary.
8    The Illinois Department shall authorize the provision of,
9and shall authorize payment for, screening by low-dose
10mammography for the presence of occult breast cancer for women
1135 years of age or older who are eligible for medical
12assistance under this Article, as follows:
13        (A) A baseline mammogram for women 35 to 39 years of
14    age.
15        (B) An annual mammogram for women 40 years of age or
16    older.
17        (C) A mammogram at the age and intervals considered
18    medically necessary by the woman's health care provider for
19    women under 40 years of age and having a family history of
20    breast cancer, prior personal history of breast cancer,
21    positive genetic testing, or other risk factors.
22        (D) A comprehensive ultrasound screening and MRI of an
23    entire breast or breasts if a mammogram demonstrates
24    heterogeneous or dense breast tissue, when medically
25    necessary as determined by a physician licensed to practice
26    medicine in all of its branches.

 

 

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1        (E) A screening MRI when medically necessary, as
2    determined by a physician licensed to practice medicine in
3    all of its branches.
4    All screenings shall include a physical breast exam,
5instruction on self-examination and information regarding the
6frequency of self-examination and its value as a preventative
7tool. For purposes of this Section, "low-dose mammography"
8means the x-ray examination of the breast using equipment
9dedicated specifically for mammography, including the x-ray
10tube, filter, compression device, and image receptor, with an
11average radiation exposure delivery of less than one rad per
12breast for 2 views of an average size breast. The term also
13includes digital mammography and includes breast
14tomosynthesis. As used in this Section, the term "breast
15tomosynthesis" means a radiologic procedure that involves the
16acquisition of projection images over the stationary breast to
17produce cross-sectional digital three-dimensional images of
18the breast. If, at any time, the Secretary of the United States
19Department of Health and Human Services, or its successor
20agency, promulgates rules or regulations to be published in the
21Federal Register or publishes a comment in the Federal Register
22or issues an opinion, guidance, or other action that would
23require the State, pursuant to any provision of the Patient
24Protection and Affordable Care Act (Public Law 111-148),
25including, but not limited to, 42 U.S.C. 18031(d)(3)(B) or any
26successor provision, to defray the cost of any coverage for

 

 

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1breast tomosynthesis outlined in this paragraph, then the
2requirement that an insurer cover breast tomosynthesis is
3inoperative other than any such coverage authorized under
4Section 1902 of the Social Security Act, 42 U.S.C. 1396a, and
5the State shall not assume any obligation for the cost of
6coverage for breast tomosynthesis set forth in this paragraph.
7    On and after January 1, 2016, the Department shall ensure
8that all networks of care for adult clients of the Department
9include access to at least one breast imaging Center of Imaging
10Excellence as certified by the American College of Radiology.
11    On and after January 1, 2012, providers participating in a
12quality improvement program approved by the Department shall be
13reimbursed for screening and diagnostic mammography at the same
14rate as the Medicare program's rates, including the increased
15reimbursement for digital mammography.
16    The Department shall convene an expert panel including
17representatives of hospitals, free-standing mammography
18facilities, and doctors, including radiologists, to establish
19quality standards for mammography.
20    On and after January 1, 2017, providers participating in a
21breast cancer treatment quality improvement program approved
22by the Department shall be reimbursed for breast cancer
23treatment at a rate that is no lower than 95% of the Medicare
24program's rates for the data elements included in the breast
25cancer treatment quality program.
26    The Department shall convene an expert panel, including

 

 

HB5447 Enrolled- 1491 -LRB100 16294 AMC 31417 b

1representatives of hospitals, free standing breast cancer
2treatment centers, breast cancer quality organizations, and
3doctors, including breast surgeons, reconstructive breast
4surgeons, oncologists, and primary care providers to establish
5quality standards for breast cancer treatment.
6    Subject to federal approval, the Department shall
7establish a rate methodology for mammography at federally
8qualified health centers and other encounter-rate clinics.
9These clinics or centers may also collaborate with other
10hospital-based mammography facilities. By January 1, 2016, the
11Department shall report to the General Assembly on the status
12of the provision set forth in this paragraph.
13    The Department shall establish a methodology to remind
14women who are age-appropriate for screening mammography, but
15who have not received a mammogram within the previous 18
16months, of the importance and benefit of screening mammography.
17The Department shall work with experts in breast cancer
18outreach and patient navigation to optimize these reminders and
19shall establish a methodology for evaluating their
20effectiveness and modifying the methodology based on the
21evaluation.
22    The Department shall establish a performance goal for
23primary care providers with respect to their female patients
24over age 40 receiving an annual mammogram. This performance
25goal shall be used to provide additional reimbursement in the
26form of a quality performance bonus to primary care providers

 

 

HB5447 Enrolled- 1492 -LRB100 16294 AMC 31417 b

1who meet that goal.
2    The Department shall devise a means of case-managing or
3patient navigation for beneficiaries diagnosed with breast
4cancer. This program shall initially operate as a pilot program
5in areas of the State with the highest incidence of mortality
6related to breast cancer. At least one pilot program site shall
7be in the metropolitan Chicago area and at least one site shall
8be outside the metropolitan Chicago area. On or after July 1,
92016, the pilot program shall be expanded to include one site
10in western Illinois, one site in southern Illinois, one site in
11central Illinois, and 4 sites within metropolitan Chicago. An
12evaluation of the pilot program shall be carried out measuring
13health outcomes and cost of care for those served by the pilot
14program compared to similarly situated patients who are not
15served by the pilot program.
16    The Department shall require all networks of care to
17develop a means either internally or by contract with experts
18in navigation and community outreach to navigate cancer
19patients to comprehensive care in a timely fashion. The
20Department shall require all networks of care to include access
21for patients diagnosed with cancer to at least one academic
22commission on cancer-accredited cancer program as an
23in-network covered benefit.
24    Any medical or health care provider shall immediately
25recommend, to any pregnant woman who is being provided prenatal
26services and is suspected of drug abuse or is addicted as

 

 

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1defined in the Alcoholism and Other Drug Abuse and Dependency
2Act, referral to a local substance abuse treatment provider
3licensed by the Department of Human Services or to a licensed
4hospital which provides substance abuse treatment services.
5The Department of Healthcare and Family Services shall assure
6coverage for the cost of treatment of the drug abuse or
7addiction for pregnant recipients in accordance with the
8Illinois Medicaid Program in conjunction with the Department of
9Human Services.
10    All medical providers providing medical assistance to
11pregnant women under this Code shall receive information from
12the Department on the availability of services under the Drug
13Free Families with a Future or any comparable program providing
14case management services for addicted women, including
15information on appropriate referrals for other social services
16that may be needed by addicted women in addition to treatment
17for addiction.
18    The Illinois Department, in cooperation with the
19Departments of Human Services (as successor to the Department
20of Alcoholism and Substance Abuse) and Public Health, through a
21public awareness campaign, may provide information concerning
22treatment for alcoholism and drug abuse and addiction, prenatal
23health care, and other pertinent programs directed at reducing
24the number of drug-affected infants born to recipients of
25medical assistance.
26    Neither the Department of Healthcare and Family Services

 

 

HB5447 Enrolled- 1494 -LRB100 16294 AMC 31417 b

1nor the Department of Human Services shall sanction the
2recipient solely on the basis of her substance abuse.
3    The Illinois Department shall establish such regulations
4governing the dispensing of health services under this Article
5as it shall deem appropriate. The Department should seek the
6advice of formal professional advisory committees appointed by
7the Director of the Illinois Department for the purpose of
8providing regular advice on policy and administrative matters,
9information dissemination and educational activities for
10medical and health care providers, and consistency in
11procedures to the Illinois Department.
12    The Illinois Department may develop and contract with
13Partnerships of medical providers to arrange medical services
14for persons eligible under Section 5-2 of this Code.
15Implementation of this Section may be by demonstration projects
16in certain geographic areas. The Partnership shall be
17represented by a sponsor organization. The Department, by rule,
18shall develop qualifications for sponsors of Partnerships.
19Nothing in this Section shall be construed to require that the
20sponsor organization be a medical organization.
21    The sponsor must negotiate formal written contracts with
22medical providers for physician services, inpatient and
23outpatient hospital care, home health services, treatment for
24alcoholism and substance abuse, and other services determined
25necessary by the Illinois Department by rule for delivery by
26Partnerships. Physician services must include prenatal and

 

 

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1obstetrical care. The Illinois Department shall reimburse
2medical services delivered by Partnership providers to clients
3in target areas according to provisions of this Article and the
4Illinois Health Finance Reform Act, except that:
5        (1) Physicians participating in a Partnership and
6    providing certain services, which shall be determined by
7    the Illinois Department, to persons in areas covered by the
8    Partnership may receive an additional surcharge for such
9    services.
10        (2) The Department may elect to consider and negotiate
11    financial incentives to encourage the development of
12    Partnerships and the efficient delivery of medical care.
13        (3) Persons receiving medical services through
14    Partnerships may receive medical and case management
15    services above the level usually offered through the
16    medical assistance program.
17    Medical providers shall be required to meet certain
18qualifications to participate in Partnerships to ensure the
19delivery of high quality medical services. These
20qualifications shall be determined by rule of the Illinois
21Department and may be higher than qualifications for
22participation in the medical assistance program. Partnership
23sponsors may prescribe reasonable additional qualifications
24for participation by medical providers, only with the prior
25written approval of the Illinois Department.
26    Nothing in this Section shall limit the free choice of

 

 

HB5447 Enrolled- 1496 -LRB100 16294 AMC 31417 b

1practitioners, hospitals, and other providers of medical
2services by clients. In order to ensure patient freedom of
3choice, the Illinois Department shall immediately promulgate
4all rules and take all other necessary actions so that provided
5services may be accessed from therapeutically certified
6optometrists to the full extent of the Illinois Optometric
7Practice Act of 1987 without discriminating between service
8providers.
9    The Department shall apply for a waiver from the United
10States Health Care Financing Administration to allow for the
11implementation of Partnerships under this Section.
12    The Illinois Department shall require health care
13providers to maintain records that document the medical care
14and services provided to recipients of Medical Assistance under
15this Article. Such records must be retained for a period of not
16less than 6 years from the date of service or as provided by
17applicable State law, whichever period is longer, except that
18if an audit is initiated within the required retention period
19then the records must be retained until the audit is completed
20and every exception is resolved. The Illinois Department shall
21require health care providers to make available, when
22authorized by the patient, in writing, the medical records in a
23timely fashion to other health care providers who are treating
24or serving persons eligible for Medical Assistance under this
25Article. All dispensers of medical services shall be required
26to maintain and retain business and professional records

 

 

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1sufficient to fully and accurately document the nature, scope,
2details and receipt of the health care provided to persons
3eligible for medical assistance under this Code, in accordance
4with regulations promulgated by the Illinois Department. The
5rules and regulations shall require that proof of the receipt
6of prescription drugs, dentures, prosthetic devices and
7eyeglasses by eligible persons under this Section accompany
8each claim for reimbursement submitted by the dispenser of such
9medical services. No such claims for reimbursement shall be
10approved for payment by the Illinois Department without such
11proof of receipt, unless the Illinois Department shall have put
12into effect and shall be operating a system of post-payment
13audit and review which shall, on a sampling basis, be deemed
14adequate by the Illinois Department to assure that such drugs,
15dentures, prosthetic devices and eyeglasses for which payment
16is being made are actually being received by eligible
17recipients. Within 90 days after September 16, 1984 (the
18effective date of Public Act 83-1439), the Illinois Department
19shall establish a current list of acquisition costs for all
20prosthetic devices and any other items recognized as medical
21equipment and supplies reimbursable under this Article and
22shall update such list on a quarterly basis, except that the
23acquisition costs of all prescription drugs shall be updated no
24less frequently than every 30 days as required by Section
255-5.12.
26    Notwithstanding any other law to the contrary, the Illinois

 

 

HB5447 Enrolled- 1498 -LRB100 16294 AMC 31417 b

1Department shall, within 365 days after July 22, 2013 (the
2effective date of Public Act 98-104), establish procedures to
3permit skilled care facilities licensed under the Nursing Home
4Care Act to submit monthly billing claims for reimbursement
5purposes. Following development of these procedures, the
6Department shall, by July 1, 2016, test the viability of the
7new system and implement any necessary operational or
8structural changes to its information technology platforms in
9order to allow for the direct acceptance and payment of nursing
10home claims.
11    Notwithstanding any other law to the contrary, the Illinois
12Department shall, within 365 days after August 15, 2014 (the
13effective date of Public Act 98-963), establish procedures to
14permit ID/DD facilities licensed under the ID/DD Community Care
15Act and MC/DD facilities licensed under the MC/DD Act to submit
16monthly billing claims for reimbursement purposes. Following
17development of these procedures, the Department shall have an
18additional 365 days to test the viability of the new system and
19to ensure that any necessary operational or structural changes
20to its information technology platforms are implemented.
21    The Illinois Department shall require all dispensers of
22medical services, other than an individual practitioner or
23group of practitioners, desiring to participate in the Medical
24Assistance program established under this Article to disclose
25all financial, beneficial, ownership, equity, surety or other
26interests in any and all firms, corporations, partnerships,

 

 

HB5447 Enrolled- 1499 -LRB100 16294 AMC 31417 b

1associations, business enterprises, joint ventures, agencies,
2institutions or other legal entities providing any form of
3health care services in this State under this Article.
4    The Illinois Department may require that all dispensers of
5medical services desiring to participate in the medical
6assistance program established under this Article disclose,
7under such terms and conditions as the Illinois Department may
8by rule establish, all inquiries from clients and attorneys
9regarding medical bills paid by the Illinois Department, which
10inquiries could indicate potential existence of claims or liens
11for the Illinois Department.
12    Enrollment of a vendor shall be subject to a provisional
13period and shall be conditional for one year. During the period
14of conditional enrollment, the Department may terminate the
15vendor's eligibility to participate in, or may disenroll the
16vendor from, the medical assistance program without cause.
17Unless otherwise specified, such termination of eligibility or
18disenrollment is not subject to the Department's hearing
19process. However, a disenrolled vendor may reapply without
20penalty.
21    The Department has the discretion to limit the conditional
22enrollment period for vendors based upon category of risk of
23the vendor.
24    Prior to enrollment and during the conditional enrollment
25period in the medical assistance program, all vendors shall be
26subject to enhanced oversight, screening, and review based on

 

 

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1the risk of fraud, waste, and abuse that is posed by the
2category of risk of the vendor. The Illinois Department shall
3establish the procedures for oversight, screening, and review,
4which may include, but need not be limited to: criminal and
5financial background checks; fingerprinting; license,
6certification, and authorization verifications; unscheduled or
7unannounced site visits; database checks; prepayment audit
8reviews; audits; payment caps; payment suspensions; and other
9screening as required by federal or State law.
10    The Department shall define or specify the following: (i)
11by provider notice, the "category of risk of the vendor" for
12each type of vendor, which shall take into account the level of
13screening applicable to a particular category of vendor under
14federal law and regulations; (ii) by rule or provider notice,
15the maximum length of the conditional enrollment period for
16each category of risk of the vendor; and (iii) by rule, the
17hearing rights, if any, afforded to a vendor in each category
18of risk of the vendor that is terminated or disenrolled during
19the conditional enrollment period.
20    To be eligible for payment consideration, a vendor's
21payment claim or bill, either as an initial claim or as a
22resubmitted claim following prior rejection, must be received
23by the Illinois Department, or its fiscal intermediary, no
24later than 180 days after the latest date on the claim on which
25medical goods or services were provided, with the following
26exceptions:

 

 

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1        (1) In the case of a provider whose enrollment is in
2    process by the Illinois Department, the 180-day period
3    shall not begin until the date on the written notice from
4    the Illinois Department that the provider enrollment is
5    complete.
6        (2) In the case of errors attributable to the Illinois
7    Department or any of its claims processing intermediaries
8    which result in an inability to receive, process, or
9    adjudicate a claim, the 180-day period shall not begin
10    until the provider has been notified of the error.
11        (3) In the case of a provider for whom the Illinois
12    Department initiates the monthly billing process.
13        (4) In the case of a provider operated by a unit of
14    local government with a population exceeding 3,000,000
15    when local government funds finance federal participation
16    for claims payments.
17    For claims for services rendered during a period for which
18a recipient received retroactive eligibility, claims must be
19filed within 180 days after the Department determines the
20applicant is eligible. For claims for which the Illinois
21Department is not the primary payer, claims must be submitted
22to the Illinois Department within 180 days after the final
23adjudication by the primary payer.
24    In the case of long term care facilities, within 45
25calendar days of receipt by the facility of required
26prescreening information, new admissions with associated

 

 

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1admission documents shall be submitted through the Medical
2Electronic Data Interchange (MEDI) or the Recipient
3Eligibility Verification (REV) System or shall be submitted
4directly to the Department of Human Services using required
5admission forms. Effective September 1, 2014, admission
6documents, including all prescreening information, must be
7submitted through MEDI or REV. Confirmation numbers assigned to
8an accepted transaction shall be retained by a facility to
9verify timely submittal. Once an admission transaction has been
10completed, all resubmitted claims following prior rejection
11are subject to receipt no later than 180 days after the
12admission transaction has been completed.
13    Claims that are not submitted and received in compliance
14with the foregoing requirements shall not be eligible for
15payment under the medical assistance program, and the State
16shall have no liability for payment of those claims.
17    To the extent consistent with applicable information and
18privacy, security, and disclosure laws, State and federal
19agencies and departments shall provide the Illinois Department
20access to confidential and other information and data necessary
21to perform eligibility and payment verifications and other
22Illinois Department functions. This includes, but is not
23limited to: information pertaining to licensure;
24certification; earnings; immigration status; citizenship; wage
25reporting; unearned and earned income; pension income;
26employment; supplemental security income; social security

 

 

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1numbers; National Provider Identifier (NPI) numbers; the
2National Practitioner Data Bank (NPDB); program and agency
3exclusions; taxpayer identification numbers; tax delinquency;
4corporate information; and death records.
5    The Illinois Department shall enter into agreements with
6State agencies and departments, and is authorized to enter into
7agreements with federal agencies and departments, under which
8such agencies and departments shall share data necessary for
9medical assistance program integrity functions and oversight.
10The Illinois Department shall develop, in cooperation with
11other State departments and agencies, and in compliance with
12applicable federal laws and regulations, appropriate and
13effective methods to share such data. At a minimum, and to the
14extent necessary to provide data sharing, the Illinois
15Department shall enter into agreements with State agencies and
16departments, and is authorized to enter into agreements with
17federal agencies and departments, including but not limited to:
18the Secretary of State; the Department of Revenue; the
19Department of Public Health; the Department of Human Services;
20and the Department of Financial and Professional Regulation.
21    Beginning in fiscal year 2013, the Illinois Department
22shall set forth a request for information to identify the
23benefits of a pre-payment, post-adjudication, and post-edit
24claims system with the goals of streamlining claims processing
25and provider reimbursement, reducing the number of pending or
26rejected claims, and helping to ensure a more transparent

 

 

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1adjudication process through the utilization of: (i) provider
2data verification and provider screening technology; and (ii)
3clinical code editing; and (iii) pre-pay, pre- or
4post-adjudicated predictive modeling with an integrated case
5management system with link analysis. Such a request for
6information shall not be considered as a request for proposal
7or as an obligation on the part of the Illinois Department to
8take any action or acquire any products or services.
9    The Illinois Department shall establish policies,
10procedures, standards and criteria by rule for the acquisition,
11repair and replacement of orthotic and prosthetic devices and
12durable medical equipment. Such rules shall provide, but not be
13limited to, the following services: (1) immediate repair or
14replacement of such devices by recipients; and (2) rental,
15lease, purchase or lease-purchase of durable medical equipment
16in a cost-effective manner, taking into consideration the
17recipient's medical prognosis, the extent of the recipient's
18needs, and the requirements and costs for maintaining such
19equipment. Subject to prior approval, such rules shall enable a
20recipient to temporarily acquire and use alternative or
21substitute devices or equipment pending repairs or
22replacements of any device or equipment previously authorized
23for such recipient by the Department. Notwithstanding any
24provision of Section 5-5f to the contrary, the Department may,
25by rule, exempt certain replacement wheelchair parts from prior
26approval and, for wheelchairs, wheelchair parts, wheelchair

 

 

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1accessories, and related seating and positioning items,
2determine the wholesale price by methods other than actual
3acquisition costs.
4    The Department shall require, by rule, all providers of
5durable medical equipment to be accredited by an accreditation
6organization approved by the federal Centers for Medicare and
7Medicaid Services and recognized by the Department in order to
8bill the Department for providing durable medical equipment to
9recipients. No later than 15 months after the effective date of
10the rule adopted pursuant to this paragraph, all providers must
11meet the accreditation requirement.
12    The Department shall execute, relative to the nursing home
13prescreening project, written inter-agency agreements with the
14Department of Human Services and the Department on Aging, to
15effect the following: (i) intake procedures and common
16eligibility criteria for those persons who are receiving
17non-institutional services; and (ii) the establishment and
18development of non-institutional services in areas of the State
19where they are not currently available or are undeveloped; and
20(iii) notwithstanding any other provision of law, subject to
21federal approval, on and after July 1, 2012, an increase in the
22determination of need (DON) scores from 29 to 37 for applicants
23for institutional and home and community-based long term care;
24if and only if federal approval is not granted, the Department
25may, in conjunction with other affected agencies, implement
26utilization controls or changes in benefit packages to

 

 

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1effectuate a similar savings amount for this population; and
2(iv) no later than July 1, 2013, minimum level of care
3eligibility criteria for institutional and home and
4community-based long term care; and (v) no later than October
51, 2013, establish procedures to permit long term care
6providers access to eligibility scores for individuals with an
7admission date who are seeking or receiving services from the
8long term care provider. In order to select the minimum level
9of care eligibility criteria, the Governor shall establish a
10workgroup that includes affected agency representatives and
11stakeholders representing the institutional and home and
12community-based long term care interests. This Section shall
13not restrict the Department from implementing lower level of
14care eligibility criteria for community-based services in
15circumstances where federal approval has been granted.
16    The Illinois Department shall develop and operate, in
17cooperation with other State Departments and agencies and in
18compliance with applicable federal laws and regulations,
19appropriate and effective systems of health care evaluation and
20programs for monitoring of utilization of health care services
21and facilities, as it affects persons eligible for medical
22assistance under this Code.
23    The Illinois Department shall report annually to the
24General Assembly, no later than the second Friday in April of
251979 and each year thereafter, in regard to:
26        (a) actual statistics and trends in utilization of

 

 

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1    medical services by public aid recipients;
2        (b) actual statistics and trends in the provision of
3    the various medical services by medical vendors;
4        (c) current rate structures and proposed changes in
5    those rate structures for the various medical vendors; and
6        (d) efforts at utilization review and control by the
7    Illinois Department.
8    The period covered by each report shall be the 3 years
9ending on the June 30 prior to the report. The report shall
10include suggested legislation for consideration by the General
11Assembly. The filing of one copy of the report with the
12Speaker, one copy with the Minority Leader and one copy with
13the Clerk of the House of Representatives, one copy with the
14President, one copy with the Minority Leader and one copy with
15the Secretary of the Senate, one copy with the Legislative
16Research Unit, and such additional copies with the State
17Government Report Distribution Center for the General Assembly
18as is required under paragraph (t) of Section 7 of the State
19Library Act shall be deemed sufficient to comply with this
20Section.
21    Rulemaking authority to implement Public Act 95-1045, if
22any, is conditioned on the rules being adopted in accordance
23with all provisions of the Illinois Administrative Procedure
24Act and all rules and procedures of the Joint Committee on
25Administrative Rules; any purported rule not so adopted, for
26whatever reason, is unauthorized.

 

 

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1    On and after July 1, 2012, the Department shall reduce any
2rate of reimbursement for services or other payments or alter
3any methodologies authorized by this Code to reduce any rate of
4reimbursement for services or other payments in accordance with
5Section 5-5e.
6    Because kidney transplantation can be an appropriate, cost
7effective alternative to renal dialysis when medically
8necessary and notwithstanding the provisions of Section 1-11 of
9this Code, beginning October 1, 2014, the Department shall
10cover kidney transplantation for noncitizens with end-stage
11renal disease who are not eligible for comprehensive medical
12benefits, who meet the residency requirements of Section 5-3 of
13this Code, and who would otherwise meet the financial
14requirements of the appropriate class of eligible persons under
15Section 5-2 of this Code. To qualify for coverage of kidney
16transplantation, such person must be receiving emergency renal
17dialysis services covered by the Department. Providers under
18this Section shall be prior approved and certified by the
19Department to perform kidney transplantation and the services
20under this Section shall be limited to services associated with
21kidney transplantation.
22    Notwithstanding any other provision of this Code to the
23contrary, on or after July 1, 2015, all FDA approved forms of
24medication assisted treatment prescribed for the treatment of
25alcohol dependence or treatment of opioid dependence shall be
26covered under both fee for service and managed care medical

 

 

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1assistance programs for persons who are otherwise eligible for
2medical assistance under this Article and shall not be subject
3to any (1) utilization control, other than those established
4under the American Society of Addiction Medicine patient
5placement criteria, (2) prior authorization mandate, or (3)
6lifetime restriction limit mandate.
7    On or after July 1, 2015, opioid antagonists prescribed for
8the treatment of an opioid overdose, including the medication
9product, administration devices, and any pharmacy fees related
10to the dispensing and administration of the opioid antagonist,
11shall be covered under the medical assistance program for
12persons who are otherwise eligible for medical assistance under
13this Article. As used in this Section, "opioid antagonist"
14means a drug that binds to opioid receptors and blocks or
15inhibits the effect of opioids acting on those receptors,
16including, but not limited to, naloxone hydrochloride or any
17other similarly acting drug approved by the U.S. Food and Drug
18Administration.
19    Upon federal approval, the Department shall provide
20coverage and reimbursement for all drugs that are approved for
21marketing by the federal Food and Drug Administration and that
22are recommended by the federal Public Health Service or the
23United States Centers for Disease Control and Prevention for
24pre-exposure prophylaxis and related pre-exposure prophylaxis
25services, including, but not limited to, HIV and sexually
26transmitted infection screening, treatment for sexually

 

 

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1transmitted infections, medical monitoring, assorted labs, and
2counseling to reduce the likelihood of HIV infection among
3individuals who are not infected with HIV but who are at high
4risk of HIV infection.
5(Source: P.A. 99-78, eff. 7-20-15; 99-180, eff. 7-29-15;
699-236, eff. 8-3-15; 99-407 (see Section 20 of P.A. 99-588 for
7the effective date of P.A. 99-407); 99-433, eff. 8-21-15;
899-480, eff. 9-9-15; 99-588, eff. 7-20-16; 99-642, eff.
97-28-16; 99-772, eff. 1-1-17; 99-895, eff. 1-1-17; 100-201,
10eff. 8-18-17; 100-395, eff. 1-1-18; 100-449, eff. 1-1-18;
11100-538, eff. 1-1-18; revised 10-26-17.)
 
12    (305 ILCS 5/5-8)  (from Ch. 23, par. 5-8)
13    Sec. 5-8. Practitioners. In supplying medical assistance,
14the Illinois Department may provide for the legally authorized
15services of (i) persons licensed under the Medical Practice Act
16of 1987, as amended, except as hereafter in this Section
17stated, whether under a general or limited license, (ii)
18persons licensed under the Nurse Practice Act as advanced
19practice registered nurses, regardless of whether or not the
20persons have written collaborative agreements, (iii) persons
21licensed or registered under other laws of this State to
22provide dental, medical, pharmaceutical, optometric,
23podiatric, or nursing services, or other remedial care
24recognized under State law, (iv) persons licensed under other
25laws of this State as a clinical social worker, and (v) persons

 

 

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1licensed under other laws of this State as physician
2assistants. The Department shall adopt rules, no later than 90
3days after January 1, 2017 (the effective date of Public Act
499-621) this amendatory Act of the 99th General Assembly, for
5the legally authorized services of persons licensed under other
6laws of this State as a clinical social worker. The utilization
7of the services of persons engaged in the treatment or care of
8the sick, which persons are not required to be licensed or
9registered under the laws of this State, is not prohibited by
10this Section.
11(Source: P.A. 99-173, eff. 7-29-15; 99-621, eff. 1-1-17;
12100-453, eff. 8-25-17; 100-513, eff. 1-1-18; 100-538, eff.
131-1-18; revised 10-26-17.)
 
14    (305 ILCS 5/5-16.8)
15    Sec. 5-16.8. Required health benefits. The medical
16assistance program shall (i) provide the post-mastectomy care
17benefits required to be covered by a policy of accident and
18health insurance under Section 356t and the coverage required
19under Sections 356g.5, 356u, 356w, 356x, 356z.6, and 356z.26
20356z.25 of the Illinois Insurance Code and (ii) be subject to
21the provisions of Sections 356z.19, 364.01, 370c, and 370c.1 of
22the Illinois Insurance Code.
23    On and after July 1, 2012, the Department shall reduce any
24rate of reimbursement for services or other payments or alter
25any methodologies authorized by this Code to reduce any rate of

 

 

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1reimbursement for services or other payments in accordance with
2Section 5-5e.
3    To ensure full access to the benefits set forth in this
4Section, on and after January 1, 2016, the Department shall
5ensure that provider and hospital reimbursement for
6post-mastectomy care benefits required under this Section are
7no lower than the Medicare reimbursement rate.
8(Source: P.A. 99-433, eff. 8-21-15; 99-480, eff. 9-9-15;
999-642, eff. 7-28-16; 100-138, eff. 8-18-17; revised 1-29-18.)
 
10    (305 ILCS 5/5A-8)  (from Ch. 23, par. 5A-8)
11    Sec. 5A-8. Hospital Provider Fund.
12    (a) There is created in the State Treasury the Hospital
13Provider Fund. Interest earned by the Fund shall be credited to
14the Fund. The Fund shall not be used to replace any moneys
15appropriated to the Medicaid program by the General Assembly.
16    (b) The Fund is created for the purpose of receiving moneys
17in accordance with Section 5A-6 and disbursing moneys only for
18the following purposes, notwithstanding any other provision of
19law:
20        (1) For making payments to hospitals as required under
21    this Code, under the Children's Health Insurance Program
22    Act, under the Covering ALL KIDS Health Insurance Act, and
23    under the Long Term Acute Care Hospital Quality Improvement
24    Transfer Program Act.
25        (2) For the reimbursement of moneys collected by the

 

 

HB5447 Enrolled- 1513 -LRB100 16294 AMC 31417 b

1    Illinois Department from hospitals or hospital providers
2    through error or mistake in performing the activities
3    authorized under this Code.
4        (3) For payment of administrative expenses incurred by
5    the Illinois Department or its agent in performing
6    activities under this Code, under the Children's Health
7    Insurance Program Act, under the Covering ALL KIDS Health
8    Insurance Act, and under the Long Term Acute Care Hospital
9    Quality Improvement Transfer Program Act.
10        (4) For payments of any amounts which are reimbursable
11    to the federal government for payments from this Fund which
12    are required to be paid by State warrant.
13        (5) For making transfers, as those transfers are
14    authorized in the proceedings authorizing debt under the
15    Short Term Borrowing Act, but transfers made under this
16    paragraph (5) shall not exceed the principal amount of debt
17    issued in anticipation of the receipt by the State of
18    moneys to be deposited into the Fund.
19        (6) For making transfers to any other fund in the State
20    treasury, but transfers made under this paragraph (6) shall
21    not exceed the amount transferred previously from that
22    other fund into the Hospital Provider Fund plus any
23    interest that would have been earned by that fund on the
24    monies that had been transferred.
25        (6.5) For making transfers to the Healthcare Provider
26    Relief Fund, except that transfers made under this

 

 

HB5447 Enrolled- 1514 -LRB100 16294 AMC 31417 b

1    paragraph (6.5) shall not exceed $60,000,000 in the
2    aggregate.
3        (7) For making transfers not exceeding the following
4    amounts, related to State fiscal years 2013 through 2018,
5    to the following designated funds:
6            Health and Human Services Medicaid Trust
7                Fund..............................$20,000,000
8            Long-Term Care Provider Fund..........$30,000,000
9            General Revenue Fund.................$80,000,000.
10    Transfers under this paragraph shall be made within 7 days
11    after the payments have been received pursuant to the
12    schedule of payments provided in subsection (a) of Section
13    5A-4.
14        (7.1) (Blank).
15        (7.5) (Blank).
16        (7.8) (Blank).
17        (7.9) (Blank).
18        (7.10) For State fiscal year 2014, for making transfers
19    of the moneys resulting from the assessment under
20    subsection (b-5) of Section 5A-2 and received from hospital
21    providers under Section 5A-4 and transferred into the
22    Hospital Provider Fund under Section 5A-6 to the designated
23    funds not exceeding the following amounts in that State
24    fiscal year:
25            Healthcare Provider Relief Fund......$100,000,000
26        Transfers under this paragraph shall be made within 7

 

 

HB5447 Enrolled- 1515 -LRB100 16294 AMC 31417 b

1    days after the payments have been received pursuant to the
2    schedule of payments provided in subsection (a) of Section
3    5A-4.
4        The additional amount of transfers in this paragraph
5    (7.10), authorized by Public Act 98-651, shall be made
6    within 10 State business days after June 16, 2014 (the
7    effective date of Public Act 98-651). That authority shall
8    remain in effect even if Public Act 98-651 does not become
9    law until State fiscal year 2015.
10        (7.10a) For State fiscal years 2015 through 2018, for
11    making transfers of the moneys resulting from the
12    assessment under subsection (b-5) of Section 5A-2 and
13    received from hospital providers under Section 5A-4 and
14    transferred into the Hospital Provider Fund under Section
15    5A-6 to the designated funds not exceeding the following
16    amounts related to each State fiscal year:
17            Healthcare Provider Relief Fund......$50,000,000
18        Transfers under this paragraph shall be made within 7
19    days after the payments have been received pursuant to the
20    schedule of payments provided in subsection (a) of Section
21    5A-4.
22        (7.11) (Blank).
23        (7.12) For State fiscal year 2013, for increasing by
24    21/365ths the transfer of the moneys resulting from the
25    assessment under subsection (b-5) of Section 5A-2 and
26    received from hospital providers under Section 5A-4 for the

 

 

HB5447 Enrolled- 1516 -LRB100 16294 AMC 31417 b

1    portion of State fiscal year 2012 beginning June 10, 2012
2    through June 30, 2012 and transferred into the Hospital
3    Provider Fund under Section 5A-6 to the designated funds
4    not exceeding the following amounts in that State fiscal
5    year:
6            Healthcare Provider Relief Fund.......$2,870,000
7        Since the federal Centers for Medicare and Medicaid
8    Services approval of the assessment authorized under
9    subsection (b-5) of Section 5A-2, received from hospital
10    providers under Section 5A-4 and the payment methodologies
11    to hospitals required under Section 5A-12.4 was not
12    received by the Department until State fiscal year 2014 and
13    since the Department made retroactive payments during
14    State fiscal year 2014 related to the referenced period of
15    June 2012, the transfer authority granted in this paragraph
16    (7.12) is extended through the date that is 10 State
17    business days after June 16, 2014 (the effective date of
18    Public Act 98-651).
19        (7.13) In addition to any other transfers authorized
20    under this Section, for State fiscal years 2017 and 2018,
21    for making transfers to the Healthcare Provider Relief Fund
22    of moneys collected from the ACA Assessment Adjustment
23    authorized under subsections (a) and (b-5) of Section 5A-2
24    and paid by hospital providers under Section 5A-4 into the
25    Hospital Provider Fund under Section 5A-6 for each State
26    fiscal year. Timing of transfers to the Healthcare Provider

 

 

HB5447 Enrolled- 1517 -LRB100 16294 AMC 31417 b

1    Relief Fund under this paragraph shall be at the discretion
2    of the Department, but no less frequently than quarterly.
3        (8) For making refunds to hospital providers pursuant
4    to Section 5A-10.
5        (9) For making payment to capitated managed care
6    organizations as described in subsections (s) and (t) of
7    Section 5A-12.2 of this Code.
8    Disbursements from the Fund, other than transfers
9authorized under paragraphs (5) and (6) of this subsection,
10shall be by warrants drawn by the State Comptroller upon
11receipt of vouchers duly executed and certified by the Illinois
12Department.
13    (c) The Fund shall consist of the following:
14        (1) All moneys collected or received by the Illinois
15    Department from the hospital provider assessment imposed
16    by this Article.
17        (2) All federal matching funds received by the Illinois
18    Department as a result of expenditures made by the Illinois
19    Department that are attributable to moneys deposited in the
20    Fund.
21        (3) Any interest or penalty levied in conjunction with
22    the administration of this Article.
23        (3.5) As applicable, proceeds from surety bond
24    payments payable to the Department as referenced in
25    subsection (s) of Section 5A-12.2 of this Code.
26        (4) Moneys transferred from another fund in the State

 

 

HB5447 Enrolled- 1518 -LRB100 16294 AMC 31417 b

1    treasury.
2        (5) All other moneys received for the Fund from any
3    other source, including interest earned thereon.
4    (d) (Blank).
5(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
698-651, eff. 6-16-14; 98-756, eff. 7-16-14; 99-78, eff.
77-20-15; 99-516, eff. 6-30-16; 99-933, eff. 1-27-17; revised
82-15-17.)
 
9    (305 ILCS 5/6-1.3)  (from Ch. 23, par. 6-1.3)
10    Sec. 6-1.3. Utilization of aid available under other
11provisions of Code. The person must have been determined
12ineligible for aid under the federally funded programs to aid
13refugees and Articles III, IV or V. Nothing in this Section
14shall prevent the use of General Assistance funds to pay any
15portion of the costs of care and maintenance in a residential
16drug abuse treatment program licensed by the Department of
17Human Services, or in a County Nursing Home, or in a private
18nursing home, retirement home or other facility for the care of
19the elderly, of a person otherwise eligible to receive General
20Assistance except for the provisions of this paragraph.
21    A person otherwise eligible for aid under the federally
22funded programs to aid refugees or Articles III, IV or V who
23fails or refuses to comply with provisions of this Code or
24other laws, or rules and regulations of the Illinois
25Department, which would qualify him for aid under those

 

 

HB5447 Enrolled- 1519 -LRB100 16294 AMC 31417 b

1programs or Articles, shall not receive General Assistance
2under this Article nor shall any of his dependents whose
3eligibility is contingent upon such compliance receive General
4Assistance.
5    Persons and families who are ineligible for aid under
6Article IV due to having received benefits under Article IV for
7any maximum time limits set under the Illinois Temporary
8Assistance for to Needy Families (TANF) Plan shall not be
9eligible for General Assistance under this Article unless the
10Illinois Department or the local governmental unit, by rule,
11specifies that those persons or families may be eligible.
12(Source: P.A. 89-507, eff. 7-1-97; 90-17, eff. 7-1-97; revised
1310-4-17.)
 
14    (305 ILCS 5/11-6)  (from Ch. 23, par. 11-6)
15    Sec. 11-6. Decisions on applications. Within 10 days after
16a decision is reached on an application, the applicant shall be
17notified in writing of the decision. If the applicant resides
18in a facility licensed under the Nursing Home Care Act or a
19supportive living facility authorized under Section 5-5.01a,
20the facility shall also receive written notice of the decision,
21provided that the notification is related to a Department
22payment for services received by the applicant in the facility.
23Only facilities enrolled in and subject to a provider agreement
24under the medical assistance program under Article V may
25receive such notices of decisions. The Department shall

 

 

HB5447 Enrolled- 1520 -LRB100 16294 AMC 31417 b

1consider eligibility for, and the notice shall contain a
2decision on, each of the following assistance programs for
3which the client may be eligible based on the information
4contained in the application: Temporary Assistance for to Needy
5Families, Medical Assistance, Aid to the Aged, Blind and
6Disabled, General Assistance (in the City of Chicago), and food
7stamps. No decision shall be required for any assistance
8program for which the applicant has expressly declined in
9writing to apply. If the applicant is determined to be
10eligible, the notice shall include a statement of the amount of
11financial aid to be provided and a statement of the reasons for
12any partial grant amounts. If the applicant is determined
13ineligible for any public assistance the notice shall include
14the reason why the applicant is ineligible. If the application
15for any public assistance is denied, the notice shall include a
16statement defining the applicant's right to appeal the
17decision. The Illinois Department, by rule, shall determine the
18date on which assistance shall begin for applicants determined
19eligible. That date may be no later than 30 days after the date
20of the application.
21    Under no circumstances may any application be denied solely
22to meet an application-processing deadline.
23(Source: P.A. 96-206, eff. 1-1-10; revised 10-4-17.)
 
24    (305 ILCS 5/12-5)  (from Ch. 23, par. 12-5)
25    Sec. 12-5. Appropriations; uses; federal grants; report to

 

 

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1General Assembly. From the sums appropriated by the General
2Assembly, the Illinois Department shall order for payment by
3warrant from the State Treasury grants for public aid under
4Articles III, IV, and V, including grants for funeral and
5burial expenses, and all costs of administration of the
6Illinois Department and the County Departments relating
7thereto. Moneys appropriated to the Illinois Department for
8public aid under Article VI may be used, with the consent of
9the Governor, to co-operate with federal, State, and local
10agencies in the development of work projects designed to
11provide suitable employment for persons receiving public aid
12under Article VI. The Illinois Department, with the consent of
13the Governor, may be the agent of the State for the receipt and
14disbursement of federal funds or commodities for public aid
15purposes under Article VI and for related purposes in which the
16co-operation of the Illinois Department is sought by the
17federal government, and, in connection therewith, may make
18necessary expenditures from moneys appropriated for public aid
19under any Article of this Code and for administration. The
20Illinois Department, with the consent of the Governor, may be
21the agent of the State for the receipt and disbursement of
22federal funds pursuant to the Immigration Reform and Control
23Act of 1986 and may make necessary expenditures from monies
24appropriated to it for operations, administration, and grants,
25including payment to the Health Insurance Reserve Fund for
26group insurance costs at the rate certified by the Department

 

 

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1of Central Management Services. All amounts received by the
2Illinois Department pursuant to the Immigration Reform and
3Control Act of 1986 shall be deposited in the Immigration
4Reform and Control Fund. All amounts received into the
5Immigration Reform and Control Fund as reimbursement for
6expenditures from the General Revenue Fund shall be transferred
7to the General Revenue Fund.
8    All grants received by the Illinois Department for programs
9funded by the Federal Social Services Block Grant shall be
10deposited in the Social Services Block Grant Fund. All funds
11received into the Social Services Block Grant Fund as
12reimbursement for expenditures from the General Revenue Fund
13shall be transferred to the General Revenue Fund. All funds
14received into the Social Services Block Grant fund for
15reimbursement for expenditure out of the Local Initiative Fund
16shall be transferred into the Local Initiative Fund. Any other
17federal funds received into the Social Services Block Grant
18Fund shall be transferred to the DHS Special Purposes Trust
19Fund. All federal funds received by the Illinois Department as
20reimbursement for Employment and Training Programs for
21expenditures made by the Illinois Department from grants,
22gifts, or legacies as provided in Section 12-4.18 or made by an
23entity other than the Illinois Department and all federal funds
24received from the Emergency Contingency Fund for State
25Temporary Assistance for Needy Families Programs established
26by the American Recovery and Reinvestment Act of 2009 shall be

 

 

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1deposited into the Employment and Training Fund.
2    Eighty percent of the federal financial participation
3funds received by the Illinois Department under the Title IV-A
4Emergency Assistance program as reimbursement for expenditures
5made from the Illinois Department of Children and Family
6Services appropriations for the costs of providing services in
7behalf of Department of Children and Family Services clients
8shall be deposited into the DCFS Children's Services Fund.
9    All federal funds, except those covered by the foregoing 3
10paragraphs, received as reimbursement for expenditures from
11the General Revenue Fund shall be deposited in the General
12Revenue Fund for administrative and distributive expenditures
13properly chargeable by federal law or regulation to aid
14programs established under Articles III through XII and Titles
15IV, XVI, XIX and XX of the Federal Social Security Act. Any
16other federal funds received by the Illinois Department under
17Sections 12-4.6, 12-4.18 and 12-4.19 that are required by
18Section 12-10 of this Code to be paid into the DHS Special
19Purposes Trust Fund shall be deposited into the DHS Special
20Purposes Trust Fund. Any other federal funds received by the
21Illinois Department pursuant to the Child Support Enforcement
22Program established by Title IV-D of the Social Security Act
23shall be deposited in the Child Support Enforcement Trust Fund
24as required under Section 12-10.2 or in the Child Support
25Administrative Fund as required under Section 12-10.2a of this
26Code. Any other federal funds received by the Illinois

 

 

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1Department for expenditures made under Title XIX of the Social
2Security Act and Articles V and VI of this Code that are
3required by Section 15-2 of this Code to be paid into the
4County Provider Trust Fund shall be deposited into the County
5Provider Trust Fund. Any other federal funds received by the
6Illinois Department for hospital inpatient, hospital
7ambulatory care, and disproportionate share hospital
8expenditures made under Title XIX of the Social Security Act
9and Article V of this Code that are required by Section 5A-8 of
10this Code to be paid into the Hospital Provider Fund shall be
11deposited into the Hospital Provider Fund. Any other federal
12funds received by the Illinois Department for medical
13assistance program expenditures made under Title XIX of the
14Social Security Act and Article V of this Code that are
15required by Section 5B-8 of this Code to be paid into the
16Long-Term Care Provider Fund shall be deposited into the
17Long-Term Care Provider Fund. Any other federal funds received
18by the Illinois Department for medical assistance program
19expenditures made under Title XIX of the Social Security Act
20and Article V of this Code that are required by Section 5C-7 of
21this Code to be paid into the Care Provider Fund for Persons
22with a Developmental Disability shall be deposited into the
23Care Provider Fund for Persons with a Developmental Disability.
24Any other federal funds received by the Illinois Department for
25trauma center adjustment payments that are required by Section
265-5.03 of this Code and made under Title XIX of the Social

 

 

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1Security Act and Article V of this Code shall be deposited into
2the Trauma Center Fund. Any other federal funds received by the
3Illinois Department as reimbursement for expenses for early
4intervention services paid from the Early Intervention
5Services Revolving Fund shall be deposited into that Fund.
6    The Illinois Department shall report to the General
7Assembly at the end of each fiscal quarter the amount of all
8funds received and paid into the Social Services Block Grant
9Fund and the Local Initiative Fund and the expenditures and
10transfers of such funds for services, programs and other
11purposes authorized by law. Such report shall be filed with the
12Speaker, Minority Leader and Clerk of the House, with the
13President, Minority Leader and Secretary of the Senate, with
14the Chairmen of the House and Senate Appropriations Committees,
15the House Human Resources Committee and the Senate Public
16Health, Welfare and Corrections Committee, or the successor
17standing Committees of each as provided by the rules of the
18House and Senate, respectively, with the Legislative Research
19Unit and with the State Government Report Distribution Center
20for the General Assembly as is required under paragraph (t) of
21Section 7 of the State Library Act shall be deemed sufficient
22to comply with this Section.
23(Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15;
2499-933, Article 5, Section 5-130, eff. 1-27-17; 99-933, Article
2515, Section 15-50, eff. 1-27-17; revised 2-15-17.)
 

 

 

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1    Section 450. The Energy Assistance Act is amended by
2changing Section 13 as follows:
 
3    (305 ILCS 20/13)
4    (Section scheduled to be repealed on January 1, 2025)
5    Sec. 13. Supplemental Low-Income Energy Assistance Fund.
6    (a) The Supplemental Low-Income Energy Assistance Fund is
7hereby created as a special fund in the State Treasury. The
8Supplemental Low-Income Energy Assistance Fund is authorized
9to receive moneys from voluntary donations from individuals,
10foundations, corporations, and other sources, moneys received
11pursuant to Section 17, and, by statutory deposit, the moneys
12collected pursuant to this Section. The Fund is also authorized
13to receive voluntary donations from individuals, foundations,
14corporations, and other sources. Subject to appropriation, the
15Department shall use moneys from the Supplemental Low-Income
16Energy Assistance Fund for payments to electric or gas public
17utilities, municipal electric or gas utilities, and electric
18cooperatives on behalf of their customers who are participants
19in the program authorized by Sections 4 and 18 of this Act, for
20the provision of weatherization services and for
21administration of the Supplemental Low-Income Energy
22Assistance Fund. The yearly expenditures for weatherization
23may not exceed 10% of the amount collected during the year
24pursuant to this Section. The yearly administrative expenses of
25the Supplemental Low-Income Energy Assistance Fund may not

 

 

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1exceed 10% of the amount collected during that year pursuant to
2this Section, except when unspent funds from the Supplemental
3Low-Income Energy Assistance Fund are reallocated from a
4previous year; any unspent balance of the 10% administrative
5allowance may be utilized for administrative expenses in the
6year they are reallocated.
7    (b) Notwithstanding the provisions of Section 16-111 of the
8Public Utilities Act but subject to subsection (k) of this
9Section, each public utility, electric cooperative, as defined
10in Section 3.4 of the Electric Supplier Act, and municipal
11utility, as referenced in Section 3-105 of the Public Utilities
12Act, that is engaged in the delivery of electricity or the
13distribution of natural gas within the State of Illinois shall,
14effective January 1, 1998, assess each of its customer accounts
15a monthly Energy Assistance Charge for the Supplemental
16Low-Income Energy Assistance Fund. The delivering public
17utility, municipal electric or gas utility, or electric or gas
18cooperative for a self-assessing purchaser remains subject to
19the collection of the fee imposed by this Section. The monthly
20charge shall be as follows:
21        (1) $0.48 per month on each account for residential
22    electric service;
23        (2) $0.48 per month on each account for residential gas
24    service;
25        (3) $4.80 per month on each account for non-residential
26    electric service which had less than 10 megawatts of peak

 

 

HB5447 Enrolled- 1528 -LRB100 16294 AMC 31417 b

1    demand during the previous calendar year;
2        (4) $4.80 per month on each account for non-residential
3    gas service which had distributed to it less than 4,000,000
4    therms of gas during the previous calendar year;
5        (5) $360 per month on each account for non-residential
6    electric service which had 10 megawatts or greater of peak
7    demand during the previous calendar year; and
8        (6) $360 per month on each account for non-residential
9    gas service which had 4,000,000 or more therms of gas
10    distributed to it during the previous calendar year.
11    The incremental change to such charges imposed by this
12amendatory Act of the 96th General Assembly shall not (i) be
13used for any purpose other than to directly assist customers
14and (ii) be applicable to utilities serving less than 100,000
15customers in Illinois on January 1, 2009.
16    In addition, electric and gas utilities have committed, and
17shall contribute, a one-time payment of $22 million to the
18Fund, within 10 days after the effective date of the tariffs
19established pursuant to Sections 16-111.8 and 19-145 of the
20Public Utilities Act to be used for the Department's cost of
21implementing the programs described in Section 18 of this
22amendatory Act of the 96th General Assembly, the Arrearage
23Reduction Program described in Section 18, and the programs
24described in Section 8-105 of the Public Utilities Act. If a
25utility elects not to file a rider within 90 days after the
26effective date of this amendatory Act of the 96th General

 

 

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1Assembly, then the contribution from such utility shall be made
2no later than February 1, 2010.
3    (c) For purposes of this Section:
4        (1) "residential electric service" means electric
5    utility service for household purposes delivered to a
6    dwelling of 2 or fewer units which is billed under a
7    residential rate, or electric utility service for
8    household purposes delivered to a dwelling unit or units
9    which is billed under a residential rate and is registered
10    by a separate meter for each dwelling unit;
11        (2) "residential gas service" means gas utility
12    service for household purposes distributed to a dwelling of
13    2 or fewer units which is billed under a residential rate,
14    or gas utility service for household purposes distributed
15    to a dwelling unit or units which is billed under a
16    residential rate and is registered by a separate meter for
17    each dwelling unit;
18        (3) "non-residential electric service" means electric
19    utility service which is not residential electric service;
20    and
21        (4) "non-residential gas service" means gas utility
22    service which is not residential gas service.
23    (d) Within 30 days after the effective date of this
24amendatory Act of the 96th General Assembly, each public
25utility engaged in the delivery of electricity or the
26distribution of natural gas shall file with the Illinois

 

 

HB5447 Enrolled- 1530 -LRB100 16294 AMC 31417 b

1Commerce Commission tariffs incorporating the Energy
2Assistance Charge in other charges stated in such tariffs,
3which shall become effective no later than the beginning of the
4first billing cycle following such filing.
5    (e) The Energy Assistance Charge assessed by electric and
6gas public utilities shall be considered a charge for public
7utility service.
8    (f) By the 20th day of the month following the month in
9which the charges imposed by the Section were collected, each
10public utility, municipal utility, and electric cooperative
11shall remit to the Department of Revenue all moneys received as
12payment of the Energy Assistance Charge on a return prescribed
13and furnished by the Department of Revenue showing such
14information as the Department of Revenue may reasonably
15require; provided, however, that a utility offering an
16Arrearage Reduction Program or Supplemental Arrearage
17Reduction Program pursuant to Section 18 of this Act shall be
18entitled to net those amounts necessary to fund and recover the
19costs of such Programs as authorized by that Section that is no
20more than the incremental change in such Energy Assistance
21Charge authorized by Public Act 96-33. If a customer makes a
22partial payment, a public utility, municipal utility, or
23electric cooperative may elect either: (i) to apply such
24partial payments first to amounts owed to the utility or
25cooperative for its services and then to payment for the Energy
26Assistance Charge or (ii) to apply such partial payments on a

 

 

HB5447 Enrolled- 1531 -LRB100 16294 AMC 31417 b

1pro-rata basis between amounts owed to the utility or
2cooperative for its services and to payment for the Energy
3Assistance Charge.
4    (g) The Department of Revenue shall deposit into the
5Supplemental Low-Income Energy Assistance Fund all moneys
6remitted to it in accordance with subsection (f) of this
7Section; provided, however, that the amounts remitted by each
8utility shall be used to provide assistance to that utility's
9customers. The utilities shall coordinate with the Department
10to establish an equitable and practical methodology for
11implementing this subsection (g) beginning with the 2010
12program year.
13    (h) On or before December 31, 2002, the Department shall
14prepare a report for the General Assembly on the expenditure of
15funds appropriated from the Low-Income Energy Assistance Block
16Grant Fund for the program authorized under Section 4 of this
17Act.
18    (i) The Department of Revenue may establish such rules as
19it deems necessary to implement this Section.
20    (j) The Department of Commerce and Economic Opportunity may
21establish such rules as it deems necessary to implement this
22Section.
23    (k) The charges imposed by this Section shall only apply to
24customers of municipal electric or gas utilities and electric
25or gas cooperatives if the municipal electric or gas utility or
26electric or gas cooperative makes an affirmative decision to

 

 

HB5447 Enrolled- 1532 -LRB100 16294 AMC 31417 b

1impose the charge. If a municipal electric or gas utility or an
2electric cooperative makes an affirmative decision to impose
3the charge provided by this Section, the municipal electric or
4gas utility or electric cooperative shall inform the Department
5of Revenue in writing of such decision when it begins to impose
6the charge. If a municipal electric or gas utility or electric
7or gas cooperative does not assess this charge, the Department
8may not use funds from the Supplemental Low-Income Energy
9Assistance Fund to provide benefits to its customers under the
10program authorized by Section 4 of this Act.
11    In its use of federal funds under this Act, the Department
12may not cause a disproportionate share of those federal funds
13to benefit customers of systems which do not assess the charge
14provided by this Section.
15    This Section is repealed on January 1, 2025 unless renewed
16by action of the General Assembly.
17(Source: P.A. 98-429, eff. 8-16-13; 99-457, eff. 1-1-16;
1899-906, eff. 6-1-17; 99-933, eff. 1-27-17; revised 11-8-17.)
 
19    Section 455. The Urban Renewal Consolidation Act of 1961 is
20amended by changing Section 19 as follows:
 
21    (315 ILCS 30/19)  (from Ch. 67 1/2, par. 91.119)
22    Sec. 19. Prior to making a sale or conveyance of any part
23of the real property within the area of a redevelopment project
24pursuant to any of the foregoing Sections sections of this Act,

 

 

HB5447 Enrolled- 1533 -LRB100 16294 AMC 31417 b

1the Department shall prepare and approve a plan for the
2development or redevelopment of the project area and shall
3submit the same to the governing body of the municipality in
4which the real property is situated for their approval. The
5Department shall not make a sale or conveyance of any part of
6the real property in the project area until such time as the
7plan has been approved by the governing body of the
8municipality in which the real property is situated; provided,
9however, that any plan for the development or redevelopment of
10a project area heretofore prepared and approved by a land
11clearance commission pursuant to the "Blighted Areas
12Redevelopment Act of 1947," approved July 2, 1947, as amended,
13and heretofore approved by the State Housing Board and the
14governing body of the municipality shall be sufficient to
15authorize a sale pursuant to this Section. At the time of
16making any such sale or conveyance, the purchaser shall agree
17to reimburse any public utility as defined in the Public
18Utilities Act "An Act concerning public utilities", approved
19June 29, 1921, as amended, for the costs of relocation of the
20facilities of such public utility made necessary by the plan
21for the development or redevelopment of the project area,
22except and excluding, however, any such costs to the extent
23incurred for the relocation of such facilities located, prior
24to the development or redevelopment, in a public way or public
25property which retains its character as such thereafter.
26(Source: Laws 1961, p. 3308; revised 10-4-17.)
 

 

 

HB5447 Enrolled- 1534 -LRB100 16294 AMC 31417 b

1    Section 460. The Abused and Neglected Child Reporting Act
2is amended by changing Sections 7.4 and 7.14 as follows:
 
3    (325 ILCS 5/7.4)  (from Ch. 23, par. 2057.4)
4    Sec. 7.4. (a) The Department shall be capable of receiving
5reports of suspected child abuse or neglect 24 hours a day, 7
6days a week. Whenever the Department receives a report alleging
7that a child is a truant as defined in Section 26-2a of the The
8School Code, as now or hereafter amended, the Department shall
9notify the superintendent of the school district in which the
10child resides and the appropriate superintendent of the
11educational service region. The notification to the
12appropriate officials by the Department shall not be considered
13an allegation of abuse or neglect under this Act.
14    (a-5) The Department of Children and Family Services may
15implement a "differential response program" in accordance with
16criteria, standards, and procedures prescribed by rule. The
17program may provide that, upon receiving a report, the
18Department shall determine whether to conduct a family
19assessment or an investigation as appropriate to prevent or
20provide a remedy for child abuse or neglect.
21    For purposes of this subsection (a-5), "family assessment"
22means a comprehensive assessment of child safety, risk of
23subsequent child maltreatment, and family strengths and needs
24that is applied to a child maltreatment report that does not

 

 

HB5447 Enrolled- 1535 -LRB100 16294 AMC 31417 b

1allege substantial child endangerment. "Family assessment"
2does not include a determination as to whether child
3maltreatment occurred but does determine the need for services
4to address the safety of family members and the risk of
5subsequent maltreatment.
6    For purposes of this subsection (a-5), "investigation"
7means fact-gathering related to the current safety of a child
8and the risk of subsequent abuse or neglect that determines
9whether a report of suspected child abuse or neglect should be
10indicated or unfounded and whether child protective services
11are needed.
12    Under the "differential response program" implemented
13under this subsection (a-5), the Department:
14        (1) Shall conduct an investigation on reports
15    involving substantial child abuse or neglect.
16        (2) Shall begin an immediate investigation if, at any
17    time when it is using a family assessment response, it
18    determines that there is reason to believe that substantial
19    child abuse or neglect or a serious threat to the child's
20    safety exists.
21        (3) May conduct a family assessment for reports that do
22    not allege substantial child endangerment. In determining
23    that a family assessment is appropriate, the Department may
24    consider issues, including, but not limited to, child
25    safety, parental cooperation, and the need for an immediate
26    response.

 

 

HB5447 Enrolled- 1536 -LRB100 16294 AMC 31417 b

1        (4) Shall promulgate criteria, standards, and
2    procedures that shall be applied in making this
3    determination, taking into consideration the Child
4    Endangerment Risk Assessment Protocol of the Department.
5        (5) May conduct a family assessment on a report that
6    was initially screened and assigned for an investigation.
7    In determining that a complete investigation is not
8required, the Department must document the reason for
9terminating the investigation and notify the local law
10enforcement agency or the Department of State Police if the
11local law enforcement agency or Department of State Police is
12conducting a joint investigation.
13    Once it is determined that a "family assessment" will be
14implemented, the case shall not be reported to the central
15register of abuse and neglect reports.
16    During a family assessment, the Department shall collect
17any available and relevant information to determine child
18safety, risk of subsequent abuse or neglect, and family
19strengths.
20    Information collected includes, but is not limited to, when
21relevant: information with regard to the person reporting the
22alleged abuse or neglect, including the nature of the
23reporter's relationship to the child and to the alleged
24offender, and the basis of the reporter's knowledge for the
25report; the child allegedly being abused or neglected; the
26alleged offender; the child's caretaker; and other collateral

 

 

HB5447 Enrolled- 1537 -LRB100 16294 AMC 31417 b

1sources having relevant information related to the alleged
2abuse or neglect. Information relevant to the assessment must
3be asked for, and may include:
4        (A) The child's sex and age, prior reports of abuse or
5    neglect, information relating to developmental
6    functioning, credibility of the child's statement, and
7    whether the information provided under this paragraph (A)
8    is consistent with other information collected during the
9    course of the assessment or investigation.
10        (B) The alleged offender's age, a record check for
11    prior reports of abuse or neglect, and criminal charges and
12    convictions. The alleged offender may submit supporting
13    documentation relevant to the assessment.
14        (C) Collateral source information regarding the
15    alleged abuse or neglect and care of the child. Collateral
16    information includes, when relevant: (i) a medical
17    examination of the child; (ii) prior medical records
18    relating to the alleged maltreatment or care of the child
19    maintained by any facility, clinic, or health care
20    professional, and an interview with the treating
21    professionals; and (iii) interviews with the child's
22    caretakers, including the child's parent, guardian, foster
23    parent, child care provider, teachers, counselors, family
24    members, relatives, and other persons who may have
25    knowledge regarding the alleged maltreatment and the care
26    of the child.

 

 

HB5447 Enrolled- 1538 -LRB100 16294 AMC 31417 b

1        (D) Information on the existence of domestic abuse and
2    violence in the home of the child, and substance abuse.
3    Nothing in this subsection (a-5) precludes the Department
4from collecting other relevant information necessary to
5conduct the assessment or investigation. Nothing in this
6subsection (a-5) shall be construed to allow the name or
7identity of a reporter to be disclosed in violation of the
8protections afforded under Section 7.19 of this Act.
9    After conducting the family assessment, the Department
10shall determine whether services are needed to address the
11safety of the child and other family members and the risk of
12subsequent abuse or neglect.
13    Upon completion of the family assessment, if the Department
14concludes that no services shall be offered, then the case
15shall be closed. If the Department concludes that services
16shall be offered, the Department shall develop a family
17preservation plan and offer or refer services to the family.
18    At any time during a family assessment, if the Department
19believes there is any reason to stop the assessment and conduct
20an investigation based on the information discovered, the
21Department shall do so.
22    The procedures available to the Department in conducting
23investigations under this Act shall be followed as appropriate
24during a family assessment.
25    If the Department implements a differential response
26program authorized under this subsection (a-5), the Department

 

 

HB5447 Enrolled- 1539 -LRB100 16294 AMC 31417 b

1shall arrange for an independent evaluation of the program for
2at least the first 3 years of implementation to determine
3whether it is meeting the goals in accordance with Section 2 of
4this Act.
5    The Department may adopt administrative rules necessary
6for the execution of this Section, in accordance with Section 4
7of the Children and Family Services Act.
8    The Department shall submit a report to the General
9Assembly by January 15, 2018 on the implementation progress and
10recommendations for additional needed legislative changes.
11    (b)(1) The following procedures shall be followed in the
12investigation of all reports of suspected abuse or neglect of a
13child, except as provided in subsection (c) of this Section.
14    (2) If, during a family assessment authorized by subsection
15(a-5) or an investigation, it appears that the immediate safety
16or well-being of a child is endangered, that the family may
17flee or the child disappear, or that the facts otherwise so
18warrant, the Child Protective Service Unit shall commence an
19investigation immediately, regardless of the time of day or
20night. All other investigations shall be commenced within 24
21hours of receipt of the report. Upon receipt of a report, the
22Child Protective Service Unit shall conduct a family assessment
23authorized by subsection (a-5) or begin an initial
24investigation and make an initial determination whether the
25report is a good faith indication of alleged child abuse or
26neglect.

 

 

HB5447 Enrolled- 1540 -LRB100 16294 AMC 31417 b

1    (3) Based on an initial investigation, if the Unit
2determines the report is a good faith indication of alleged
3child abuse or neglect, then a formal investigation shall
4commence and, pursuant to Section 7.12 of this Act, may or may
5not result in an indicated report. The formal investigation
6shall include: direct contact with the subject or subjects of
7the report as soon as possible after the report is received; an
8evaluation of the environment of the child named in the report
9and any other children in the same environment; a determination
10of the risk to such children if they continue to remain in the
11existing environments, as well as a determination of the
12nature, extent and cause of any condition enumerated in such
13report; the name, age and condition of other children in the
14environment; and an evaluation as to whether there would be an
15immediate and urgent necessity to remove the child from the
16environment if appropriate family preservation services were
17provided. After seeing to the safety of the child or children,
18the Department shall forthwith notify the subjects of the
19report in writing, of the existence of the report and their
20rights existing under this Act in regard to amendment or
21expungement. To fulfill the requirements of this Section, the
22Child Protective Service Unit shall have the capability of
23providing or arranging for comprehensive emergency services to
24children and families at all times of the day or night.
25    (4) If (i) at the conclusion of the Unit's initial
26investigation of a report, the Unit determines the report to be

 

 

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1a good faith indication of alleged child abuse or neglect that
2warrants a formal investigation by the Unit, the Department,
3any law enforcement agency or any other responsible agency and
4(ii) the person who is alleged to have caused the abuse or
5neglect is employed or otherwise engaged in an activity
6resulting in frequent contact with children and the alleged
7abuse or neglect are in the course of such employment or
8activity, then the Department shall, except in investigations
9where the Director determines that such notification would be
10detrimental to the Department's investigation, inform the
11appropriate supervisor or administrator of that employment or
12activity that the Unit has commenced a formal investigation
13pursuant to this Act, which may or may not result in an
14indicated report. The Department shall also notify the person
15being investigated, unless the Director determines that such
16notification would be detrimental to the Department's
17investigation.
18    (c) In an investigation of a report of suspected abuse or
19neglect of a child by a school employee at a school or on
20school grounds, the Department shall make reasonable efforts to
21follow the following procedures:
22        (1) Investigations involving teachers shall not, to
23    the extent possible, be conducted when the teacher is
24    scheduled to conduct classes. Investigations involving
25    other school employees shall be conducted so as to minimize
26    disruption of the school day. The school employee accused

 

 

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1    of child abuse or neglect may have his superior, his
2    association or union representative and his attorney
3    present at any interview or meeting at which the teacher or
4    administrator is present. The accused school employee
5    shall be informed by a representative of the Department, at
6    any interview or meeting, of the accused school employee's
7    due process rights and of the steps in the investigation
8    process. These due process rights shall also include the
9    right of the school employee to present countervailing
10    evidence regarding the accusations. In an investigation in
11    which the alleged perpetrator of abuse or neglect is a
12    school employee, including, but not limited to, a school
13    teacher or administrator, and the recommendation is to
14    determine the report to be indicated, in addition to other
15    procedures as set forth and defined in Department rules and
16    procedures, the employee's due process rights shall also
17    include: (i) the right to a copy of the investigation
18    summary; (ii) the right to review the specific allegations
19    which gave rise to the investigation; and (iii) the right
20    to an administrator's teleconference which shall be
21    convened to provide the school employee with the
22    opportunity to present documentary evidence or other
23    information that supports his or her position and to
24    provide information before a final finding is entered.
25        (2) If a report of neglect or abuse of a child by a
26    teacher or administrator does not involve allegations of

 

 

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1    sexual abuse or extreme physical abuse, the Child
2    Protective Service Unit shall make reasonable efforts to
3    conduct the initial investigation in coordination with the
4    employee's supervisor.
5        If the Unit determines that the report is a good faith
6    indication of potential child abuse or neglect, it shall
7    then commence a formal investigation under paragraph (3) of
8    subsection (b) of this Section.
9        (3) If a report of neglect or abuse of a child by a
10    teacher or administrator involves an allegation of sexual
11    abuse or extreme physical abuse, the Child Protective Unit
12    shall commence an investigation under paragraph (2) of
13    subsection (b) of this Section.
14    (c-5) In any instance in which a report is made or caused
15to made by a school district employee involving the conduct of
16a person employed by the school district, at the time the
17report was made, as required under Section 4 of this Act, the
18Child Protective Service Unit shall send a copy of its final
19finding report to the general superintendent of that school
20district.
21    (c-10) The Department may recommend that a school district
22remove a school employee who is the subject of an investigation
23from his or her employment position pending the outcome of the
24investigation; however, all employment decisions regarding
25school personnel shall be the sole responsibility of the school
26district or employer. The Department may not require a school

 

 

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1district to remove a school employee from his or her employment
2position or limit the school employee's duties pending the
3outcome of an investigation.
4    (d) If the Department has contact with an employer, or with
5a religious institution or religious official having
6supervisory or hierarchical authority over a member of the
7clergy accused of the abuse of a child, in the course of its
8investigation, the Department shall notify the employer or the
9religious institution or religious official, in writing, when a
10report is unfounded so that any record of the investigation can
11be expunged from the employee's or member of the clergy's
12personnel or other records. The Department shall also notify
13the employee or the member of the clergy, in writing, that
14notification has been sent to the employer or to the
15appropriate religious institution or religious official
16informing the employer or religious institution or religious
17official that the Department's investigation has resulted in an
18unfounded report.
19    (e) Upon request by the Department, the Department of State
20Police and law enforcement agencies are authorized to provide
21criminal history record information as defined in the Illinois
22Uniform Conviction Information Act and information maintained
23in the adjudicatory and dispositional record system as defined
24in Section 2605-355 of the Department of State Police Law (20
25ILCS 2605/2605-355) to properly designated employees of the
26Department of Children and Family Services if the Department

 

 

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1determines the information is necessary to perform its duties
2under the Abused and Neglected Child Reporting Act, the Child
3Care Act of 1969, and the Children and Family Services Act. The
4request shall be in the form and manner required by the
5Department of State Police. Any information obtained by the
6Department of Children and Family Services under this Section
7is confidential and may not be transmitted outside the
8Department of Children and Family Services other than to a
9court of competent jurisdiction or unless otherwise authorized
10by law. Any employee of the Department of Children and Family
11Services who transmits confidential information in violation
12of this Section or causes the information to be transmitted in
13violation of this Section is guilty of a Class A misdemeanor
14unless the transmittal of the information is authorized by this
15Section or otherwise authorized by law.
16    (f) For purposes of this Section, "child abuse or neglect"
17includes abuse or neglect of an adult resident as defined in
18this Act.
19(Source: P.A. 100-68, eff. 1-1-18; 100-176, eff. 1-1-18;
20100-191, eff. 1-1-18; revised 10-4-17.)
 
21    (325 ILCS 5/7.14)  (from Ch. 23, par. 2057.14)
22    Sec. 7.14. All reports in the central register shall be
23classified in one of three categories: "indicated",
24"unfounded" or "undetermined", as the case may be. Prior to
25classifying the report, the person making the classification

 

 

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1shall determine whether the child named in the report is the
2subject of an action under Article V of the Juvenile Court Act
3of 1987 who is in the custody or guardianship of the Department
4or who has an open intact family services case with the
5Department or is the subject of an action under Article II of
6the Juvenile Court Act of 1987. If the child is either is the
7subject of an action under Article V of the Juvenile Court Act
8of 1987 and is in the custody or guardianship of the Department
9or has an open intact family services case with the Department
10or is the subject of an action under Article II of the Juvenile
11Court Act of 1987 and the Department intends to classify the
12report as indicated, the Department shall, within 45 days of
13classification of the report, transmit a copy of the report to
14the attorney or guardian ad litem appointed for the child under
15Section 2-17 of the Juvenile Court Act of 1987 or to a guardian
16ad litem appointed under Section 5-610 of the Juvenile Court
17Act of 1987. If the child is either is the subject of an action
18under Article V of the Juvenile Court Act of 1987 and is in the
19custody or guardianship of the Department or has an open intact
20family services case with the Department or is the subject of
21an action under Article II of the Juvenile Court Act of 1987
22and the Department intends to classify the report as unfounded,
23the Department shall, within 45 days of deciding its intent to
24classify the report as unfounded, transmit a copy of the report
25and written notice of the Department's intent to the attorney
26or guardian ad litem appointed for the child under Section 2-17

 

 

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1of the Juvenile Court Act of 1987, or to a guardian ad litem
2appointed under Section 5-610 of the Juvenile Court Act of
31987. The Department's obligation under this Section to provide
4reports to a guardian ad litem appointed under Section 5-610 of
5the Juvenile Court Act of 1987 for a minor with an open intact
6family services case applies only if the guardian ad litem
7notified the Department in writing of the representation. All
8information identifying the subjects of an unfounded report
9shall be expunged from the register forthwith, except as
10provided in Section 7.7. Unfounded reports may only be made
11available to the Child Protective Service Unit when
12investigating a subsequent report of suspected abuse or
13maltreatment involving a child named in the unfounded report;
14and to the subject of the report, provided the Department has
15not expunged the file in accordance with Section 7.7. The Child
16Protective Service Unit shall not indicate the subsequent
17report solely based upon the existence of the prior unfounded
18report or reports. Notwithstanding any other provision of law
19to the contrary, an unfounded report shall not be admissible in
20any judicial or administrative proceeding or action except for
21proceedings under Sections 2-10 and 2-21 of the Juvenile Court
22Act of 1987 involving a petition filed under Section 2-13 of
23the Juvenile Court Act of 1987 alleging abuse or neglect to the
24same child, a sibling of the child, or the same perpetrator.
25Identifying information on all other records shall be removed
26from the register no later than 5 years after the report is

 

 

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1indicated. However, if another report is received involving the
2same child, his sibling or offspring, or a child in the care of
3the persons responsible for the child's welfare, or involving
4the same alleged offender, the identifying information may be
5maintained in the register until 5 years after the subsequent
6case or report is closed.
7    Notwithstanding any other provision of this Section,
8identifying information in indicated reports involving serious
9physical injury to a child as defined by the Department in
10rules, may be retained longer than 5 years after the report is
11indicated or after the subsequent case or report is closed, and
12may not be removed from the register except as provided by the
13Department in rules. Identifying information in indicated
14reports involving sexual penetration of a child, sexual
15molestation of a child, sexual exploitation of a child, torture
16of a child, or the death of a child, as defined by the
17Department in rules, shall be retained for a period of not less
18than 50 years after the report is indicated or after the
19subsequent case or report is closed.
20    For purposes of this Section, "child" includes an adult
21resident as defined in this Act.
22(Source: P.A. 99-78, eff. 7-20-15; 99-349, eff. 1-1-16;
23100-158, eff. 1-1-18; revised 10-4-17.)
 
24    Section 465. The Advisory Council on Early Identification
25and Treatment of Mental Health Conditions Act is amended by

 

 

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1changing Sections 5 and 10 as follows:
 
2    (405 ILCS 115/5)
3    Sec. 5. Findings. The General Assembly finds that:
4        (1) the medical science is clear that mental health
5    treatment works to improve mental health conditions and
6    manage symptoms but it can take, on average, 10 years for a
7    child or young adult with a significant condition to
8    receive the right diagnosis and treatment from the time the
9    first symptoms began, and nearly two-thirds of children and
10    adults never get treatment;
11        (2) long treatment lags can lead to debilitating
12    conditions and permanent disability;
13        (3) suicide, often due to untreated depression, is the
14    second leading cause of death in this State for children
15    and young adults ranging in age from 10 to 34;
16        (4) between 40% to 50% of heroin and other drug
17    addiction begins to self-medicate an underlying, untreated
18    mental health condition;
19        (5) important State reforms on improving access to
20    mental health and substance use treatment are underway and
21    others are pending, but more needs to be done to address
22    this State's serious systemic challenges to early
23    identification and treatment of mental health conditions;
24        (6) the medical and mental health treatment
25    communities across this State are implementing many

 

 

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1    evidence-based best practices on early screening,
2    identification and treatment of mental health conditions,
3    including co-located and integrated care, despite limited
4    resources and major access to care challenges across the
5    State; and
6        (7) establishing an Advisory Council on Early
7    Identification and Treatment of Mental Health Conditions
8    to:
9            (A) report and share information on evidence-based
10        best practices related to early identification and
11        treatment being implemented across this State and
12        other states;
13            (B) assist in advancing all providers to move
14        toward implementation of evidence-based best
15        practices, irrespective of payer such as Medicaid or
16        private insurance; ,
17            (C) identify the barriers to statewide
18        implementation of early identification and treatment
19        across all providers; and
20            (D) reduce the stigma of mental health conditions
21        by treating them like any other medical condition;
22    will outline the path to enabling thousands of children,
23    youth, and young adults in this State living with mental
24    health conditions, including those related to trauma, to
25    get the early diagnosis and treatment they need to
26    effectively manage their condition and avoid potentially

 

 

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1    life-long debilitating symptoms.
2(Source: P.A. 100-184, eff. 1-1-18; revised 9-28-17.)
 
3    (405 ILCS 115/10)
4    Sec. 10. Advisory Council on Early Identification and
5Treatment of Mental Health Conditions.
6    (a) There is created the Advisory Council on Early
7Identification and Treatment of Mental Health Conditions
8within the Department of Human Services. The Department of
9Human Services shall provide administrative support for the
10Advisory Council. The report, recommendations, and action plan
11required by this Section shall reflect the consensus of a
12majority of the Council.
13    (b) The Advisory Council shall:
14        (1) review and identify evidence-based best practice
15    models and promising practices supported by peer-reviewed
16    literature being implemented in this State and other states
17    on regular screening and early identification of mental
18    health and substance use conditions in children and young
19    adults, including depression, bipolar bi-polar disorder,
20    schizophrenia, and other similar conditions, beginning at
21    the age endorsed by the American Academy of Pediatrics,
22    through young adulthood, irrespective of coverage by
23    public or private health insurance, resulting in early
24    treatment;
25        (2) identify evidence-based mental health prevention

 

 

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1    and promotion initiatives;
2        (3) identify strategies to enable additional medical
3    providers and community-based providers to implement
4    evidence-based best practices on regular screening, and
5    early identification and treatment of mental health
6    conditions;
7        (4) identify barriers to the success of early
8    screening, identification and treatment of mental health
9    conditions across this State, including but not limited to,
10    treatment access challenges, specific mental health
11    workforce issues, regional challenges, training and
12    knowledge-base needs of providers, provider infrastructure
13    needs, reimbursement and payment issues, and public and
14    private insurance coverage issues;
15        (5) based on the findings in paragraphs (1) through (4)
16    of this subsection (b), develop a set of recommendations
17    and an action plan to address the barriers to early and
18    regular screening and identification of mental health
19    conditions in children, adolescents and young adults in
20    this State; and
21        (6) complete and deliver the recommendations and
22    action plan required by paragraph (5) of this subsection
23    (b) to the Governor and the General Assembly within one
24    year of the first meeting of the Advisory Council. ; and
25    Upon (7) upon completion and delivery of the
26recommendations and action plan to the Governor and General

 

 

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1Assembly, the Advisory Council shall be dissolved.
2    (c) The Advisory Council shall be composed of no more than
327 members and 3 ex officio members, including:
4        (1) Two members of the House of Representatives, one
5    appointed by the Speaker of the House of Representatives
6    and one appointed by the Minority Leader of the House of
7    Representatives.
8        (2) Two members of the Senate, one appointed by the
9    President of the Senate and one appointed by the Minority
10    Leader of the Senate.
11        (3) One representative of the Office of the Governor
12    appointed by the Governor.
13        (4) Twenty-two members of the public as follows;
14    however, provider representatives selected shall include a
15    balance of those delivering care to persons with private
16    health insurance and those serving underserved
17    populations:
18            (A) Four pediatricians recommended by a statewide
19        organization that represents pediatricians, one from
20        the Chicago area, one from suburban Chicago, one from
21        central Illinois, and one from downstate Illinois,
22        appointed by the Speaker of the House of
23        Representatives.
24            (B) Four family primary care physicians
25        recommended by a statewide organization that
26        represents family physicians, one from the Chicago

 

 

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1        area, one from suburban Chicago, one from central
2        Illinois, and one from downstate Illinois, appointed
3        by the President of the Senate.
4            (C) Two advanced practice registered nurses
5        recommended by a statewide organization that
6        represents advanced practice registered nurses, one
7        from Chicago and one from central or downstate
8        Illinois, appointed by the Speaker of the House of
9        Representatives.
10            (D) Two psychiatrists, including one child
11        psychiatrist, recommended by a statewide organization
12        that represents psychiatrists, one from the Chicago
13        metropolitan region and one from central or downstate
14        Illinois, appointed by the President of the Senate.
15            (E) Two psychologists, including one child
16        psychologist, recommended by a statewide organization
17        that represents psychologists, one from the Chicago
18        metropolitan region and one from central or downstate
19        Illinois, appointed by the Speaker of the House of
20        Representatives.
21            (F) One representative from an organization that
22        advocates for families and youth with mental health
23        conditions who is a parent with a child living with a
24        mental health condition, appointed by the President of
25        the Senate.
26            (G) Two community mental health service providers

 

 

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1        recommended by a statewide organization that
2        represents community mental health providers, one from
3        the Chicago metropolitan region and one from central
4        Illinois or downstate Illinois, appointed by the
5        Speaker of the House of Representatives.
6            (H) Two substance use treatment providers
7        recommended by a statewide organization that
8        represents substance use treatment providers, one from
9        the Chicago metropolitan region, one from central or
10        downstate Illinois, appointed by the President of the
11        Senate.
12            (I) One representative from an organization that
13        advocates for families and youth with mental health
14        conditions who is an individual with lived experience
15        of a mental health condition, appointed by the
16        President of the Senate.
17            (J) Two representatives from private insurance
18        companies, one appointed by the Speaker of the House of
19        Representatives and one appointed by the President of
20        the Senate.
21            (K) The following 3 officials shall serve as ex
22        officio members:
23                (i) the Director of Public Health, or his or
24            her designee;
25                (ii) the Director of Healthcare and Family
26            Services, or his or her designee; and

 

 

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1                (iii) the Director of the Division of Mental
2            Health within the Department of Human Services, or
3            his or her designee.
4    (d) Members shall serve without compensation and are
5responsible for the cost of all reasonable and necessary travel
6expenses connected to Advisory Council business. Advisory
7Council members shall not be reimbursed by the State for these
8costs. Advisory Council members shall be appointed within 60
9days after January 1, 2018 (the effective date of this Act).
10The Advisory Council shall hold its initial meeting within 60
11days after at least 50% of the members have been appointed. One
12representative from the pediatricians or primary care
13physicians and one representative from the mental health
14treatment community shall be the co-chairs of the Advisory
15Council. At the first meeting of the Advisory Council, the
16members shall select a 7-person 7 person Steering Committee
17that includes include the co-chairs. The Advisory Council may
18establish committees that address specific issues or
19populations and may appoint persons with relevant expertise who
20are not appointed members of the Advisory Council to serve on
21the committees as needed.
22(Source: P.A. 100-184, eff. 1-1-18; revised 1-22-18.)
 
23    Section 470. The Crematory Regulation Act is amended by
24changing Section 5 as follows:
 

 

 

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1    (410 ILCS 18/5)
2    (Text of Section before amendment by P.A. 100-526)
3    (Section scheduled to be repealed on January 1, 2021)
4    Sec. 5. Definitions. As used in this Act:
5    "Address of record" means the designated address recorded
6by the Comptroller in the applicant's or licensee's application
7file or license file. It is the duty of the applicant or
8licensee to inform the Comptroller of any change of address
9within 14 days, and such changes must be made either through
10the Comptroller's website or by contacting the Comptroller. The
11address of record shall be the permanent street address of the
12crematory.
13    "Alternative container" means a receptacle, other than a
14casket, in which human remains are transported to the crematory
15and placed in the cremation chamber for cremation. An
16alternative container shall be (i) composed of readily
17combustible or consumable materials suitable for cremation,
18(ii) able to be closed in order to provide a complete covering
19for the human remains, (iii) resistant to leakage or spillage,
20(iv) rigid enough for handling with ease, and (v) able to
21provide protection for the health, safety, and personal
22integrity of crematory personnel.
23    "Authorizing agent" means a person legally entitled to
24order the cremation and final disposition of specific human
25remains.
26    "Body parts" means limbs or other portions of the anatomy

 

 

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1that are removed from a person or human remains for medical
2purposes during treatment, surgery, biopsy, autopsy, or
3medical research; or human bodies or any portion of bodies that
4have been donated to science for medical research purposes.
5    "Burial transit permit" means a permit for disposition of a
6dead human body as required by Illinois law.
7    "Casket" means a rigid container that is designed for the
8encasement of human remains, is usually constructed of wood,
9metal, or like material and ornamented and lined with fabric,
10and may or may not be combustible.
11    "Comptroller" means the Comptroller of the State of
12Illinois.
13    "Cremated remains" means all human remains recovered after
14the completion of the cremation, which may possibly include the
15residue of any foreign matter including casket material,
16bridgework, or eyeglasses, that was cremated with the human
17remains.
18    "Cremation" means the technical process, using heat and
19flame, or alkaline hydrolysis that reduces human remains to
20bone fragments. The reduction takes place through heat and
21evaporation or through hydrolysis. Cremation shall include the
22processing, and may include the pulverization, of the bone
23fragments.
24    "Cremation chamber" means the enclosed space within which
25the cremation takes place.
26    "Cremation interment container" means a rigid outer

 

 

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1container that, subject to a cemetery's rules and regulations,
2is composed of concrete, steel, fiberglass, or some similar
3material in which an urn is placed prior to being interred in
4the ground, and which is designed to withstand prolonged
5exposure to the elements and to support the earth above the
6urn.
7    "Cremation room" means the room in which the cremation
8chamber is located.
9    "Crematory" means the building or portion of a building
10that houses the cremation room and the holding facility.
11    "Crematory authority" means the legal entity which is
12licensed by the Comptroller to operate a crematory and to
13perform cremations.
14    "Final disposition" means the burial, cremation, or other
15disposition of a dead human body or parts of a dead human body.
16    "Funeral director" means a person known by the title of
17"funeral director", "funeral director and embalmer", or other
18similar words or titles, licensed by the State to practice
19funeral directing or funeral directing and embalming.
20    "Funeral establishment" means a building or separate
21portion of a building having a specific street address and
22location and devoted to activities relating to the shelter,
23care, custody, and preparation of a deceased human body and may
24contain facilities for funeral or wake services.
25    "Holding facility" means an area that (i) is designated for
26the retention of human remains prior to cremation, (ii)

 

 

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1complies with all applicable public health law, (iii) preserves
2the health and safety of the crematory authority personnel, and
3(iv) is secure from access by anyone other than authorized
4persons. A holding facility may be located in a cremation room.
5    "Human remains" means the body of a deceased person,
6including any form of body prosthesis that has been permanently
7attached or implanted in the body.
8    "Licensee" means an entity licensed under this Act. An
9entity that holds itself as a licensee or that is accused of
10unlicensed practice is considered a licensee for purposes of
11enforcement, investigation, hearings, and the Illinois
12Administrative Procedure Act.
13    "Niche" means a compartment or cubicle for the
14memorialization and permanent placement of an urn containing
15cremated remains.
16    "Person" means any person, partnership, association,
17corporation, limited liability company, or other entity, and in
18the case of any such business organization, its officers,
19partners, members, or shareholders possessing 25% or more of
20ownership of the entity.
21    "Processing" means the reduction of identifiable bone
22fragments after the completion of the cremation process to
23unidentifiable bone fragments by manual or mechanical means.
24    "Pulverization" means the reduction of identifiable bone
25fragments after the completion of the cremation process to
26granulated particles by manual or mechanical means.

 

 

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1    "Scattering area" means an area which may be designated by
2a cemetery and located on dedicated cemetery property or
3property used for outdoor recreation or natural resource
4conservation owned by the Department of Natural Resources and
5designated as a scattering area, where cremated remains, which
6have been removed from their container, can be mixed with, or
7placed on top of, the soil or ground cover.
8    "Temporary container" means a receptacle for cremated
9remains, usually composed of cardboard, plastic or similar
10material, that can be closed in a manner that prevents the
11leakage or spillage of the cremated remains or the entrance of
12foreign material, and is a single container of sufficient size
13to hold the cremated remains until an urn is acquired or the
14cremated remains are scattered.
15    "Urn" means a receptacle designed to encase the cremated
16remains.
17(Source: P.A. 100-97, eff. 1-1-18.)
 
18    (Text of Section after amendment by P.A. 100-526)
19    (Section scheduled to be repealed on January 1, 2021)
20    Sec. 5. Definitions. As used in this Act:
21    "Address of record" means the designated address recorded
22by the Comptroller in the applicant's or licensee's application
23file or license file. It is the duty of the applicant or
24licensee to inform the Comptroller of any change of address
25within 14 days, and such changes must be made either through

 

 

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1the Comptroller's website or by contacting the Comptroller. The
2address of record shall be the permanent street address of the
3crematory.
4    "Alternative container" means a receptacle, other than a
5casket, in which human remains are transported to the crematory
6and placed in the cremation chamber for cremation. An
7alternative container shall be (i) composed of readily
8combustible or consumable materials suitable for cremation,
9(ii) able to be closed in order to provide a complete covering
10for the human remains, (iii) resistant to leakage or spillage,
11(iv) rigid enough for handling with ease, and (v) able to
12provide protection for the health, safety, and personal
13integrity of crematory personnel.
14    "Authorizing agent" means a person legally entitled to
15order the cremation and final disposition of specific human
16remains. "Authorizing agent" includes an institution of
17medical, mortuary, or other sciences as provided in Section 20
18of the Disposition of Remains of the Indigent Act.
19    "Body parts" means limbs or other portions of the anatomy
20that are removed from a person or human remains for medical
21purposes during treatment, surgery, biopsy, autopsy, or
22medical research; or human bodies or any portion of bodies that
23have been donated to science for medical research purposes.
24    "Burial transit permit" means a permit for disposition of a
25dead human body as required by Illinois law.
26    "Casket" means a rigid container that is designed for the

 

 

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1encasement of human remains, is usually constructed of wood,
2metal, or like material and ornamented and lined with fabric,
3and may or may not be combustible.
4    "Comptroller" means the Comptroller of the State of
5Illinois.
6    "Cremated remains" means all human remains recovered after
7the completion of the cremation, which may possibly include the
8residue of any foreign matter including casket material,
9bridgework, or eyeglasses, that was cremated with the human
10remains.
11    "Cremation" means the technical process, using heat and
12flame, or alkaline hydrolysis that reduces human remains to
13bone fragments. The reduction takes place through heat and
14evaporation or through hydrolysis. Cremation shall include the
15processing, and may include the pulverization, of the bone
16fragments.
17    "Cremation chamber" means the enclosed space within which
18the cremation takes place.
19    "Cremation interment container" means a rigid outer
20container that, subject to a cemetery's rules and regulations,
21is composed of concrete, steel, fiberglass, or some similar
22material in which an urn is placed prior to being interred in
23the ground, and which is designed to withstand prolonged
24exposure to the elements and to support the earth above the
25urn.
26    "Cremation room" means the room in which the cremation

 

 

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1chamber is located.
2    "Crematory" means the building or portion of a building
3that houses the cremation room and the holding facility.
4    "Crematory authority" means the legal entity which is
5licensed by the Comptroller to operate a crematory and to
6perform cremations.
7    "Final disposition" means the burial, cremation, or other
8disposition of a dead human body or parts of a dead human body.
9    "Funeral director" means a person known by the title of
10"funeral director", "funeral director and embalmer", or other
11similar words or titles, licensed by the State to practice
12funeral directing or funeral directing and embalming.
13    "Funeral establishment" means a building or separate
14portion of a building having a specific street address and
15location and devoted to activities relating to the shelter,
16care, custody, and preparation of a deceased human body and may
17contain facilities for funeral or wake services.
18    "Holding facility" means an area that (i) is designated for
19the retention of human remains prior to cremation, (ii)
20complies with all applicable public health law, (iii) preserves
21the health and safety of the crematory authority personnel, and
22(iv) is secure from access by anyone other than authorized
23persons. A holding facility may be located in a cremation room.
24    "Human remains" means the body of a deceased person,
25including any form of body prosthesis that has been permanently
26attached or implanted in the body.

 

 

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1    "Licensee" means an entity licensed under this Act. An
2entity that holds itself as a licensee or that is accused of
3unlicensed practice is considered a licensee for purposes of
4enforcement, investigation, hearings, and the Illinois
5Administrative Procedure Act.
6    "Niche" means a compartment or cubicle for the
7memorialization and permanent placement of an urn containing
8cremated remains.
9    "Person" means any person, partnership, association,
10corporation, limited liability company, or other entity, and in
11the case of any such business organization, its officers,
12partners, members, or shareholders possessing 25% or more of
13ownership of the entity.
14    "Processing" means the reduction of identifiable bone
15fragments after the completion of the cremation process to
16unidentifiable bone fragments by manual or mechanical means.
17    "Pulverization" means the reduction of identifiable bone
18fragments after the completion of the cremation process to
19granulated particles by manual or mechanical means.
20    "Scattering area" means an area which may be designated by
21a cemetery and located on dedicated cemetery property or
22property used for outdoor recreation or natural resource
23conservation owned by the Department of Natural Resources and
24designated as a scattering area, where cremated remains, which
25have been removed from their container, can be mixed with, or
26placed on top of, the soil or ground cover.

 

 

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1    "Temporary container" means a receptacle for cremated
2remains, usually composed of cardboard, plastic or similar
3material, that can be closed in a manner that prevents the
4leakage or spillage of the cremated remains or the entrance of
5foreign material, and is a single container of sufficient size
6to hold the cremated remains until an urn is acquired or the
7cremated remains are scattered.
8    "Urn" means a receptacle designed to encase the cremated
9remains.
10(Source: P.A. 100-97, eff. 1-1-18; 100-526, eff. 6-1-18;
11revised 9-29-17.)
 
12    Section 475. The Tattoo and Body Piercing Establishment
13Registration Act is amended by changing Section 10 as follows:
 
14    (410 ILCS 54/10)
15    Sec. 10. Definitions. In this Act:
16    "Aseptic technique" means a practice that prevents and
17hinders the transmission of disease-producing microorganisms
18from one person or place to another.
19    "Body piercing" means penetrating the skin to make a hole,
20mark, or scar that is generally permanent in nature. "Body
21piercing" does not include practices that are considered
22medical procedures or the puncturing of the outer perimeter or
23lobe of the ear using a pre-sterilized, single-use stud and
24clasp ear piercing system.

 

 

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1    "Client" means the person, customer, or patron whose skin
2will be tattooed or pierced.
3    "Communicable disease" means a disease that can be
4transmitted from person to person directly or indirectly,
5including diseases transmitted via blood or body fluids.
6    "Department" means the Department of Public Health or other
7health authority designated as its agent.
8    "Director" means the Director of Public Health or his or
9her designee.
10    "Establishment" means a body-piercing operation, a
11tattooing operation, or a combination of both operations in a
12multiple-type establishment.
13    "Ink cup" means a small container for an individual portion
14of pigment that may be installed in a holder or palette and in
15which a small amount of pigment of a given color is placed.
16    "Multi-type establishment" means an operation encompassing
17both body piercing and tattooing on the same premises and under
18the same management.
19    "Person" means any individual, group of individuals,
20association, trust, partnership, corporation, or limited
21liability company.
22    "Procedure area" means the immediate area where
23instruments and supplies are placed during a procedure.
24    "Operator" means an individual, partnership, corporation,
25association, or other entity engaged in the business of owning,
26managing, or offering services of body piercing or tattooing.

 

 

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1    "Sanitation" means the effective bactericidal and
2veridical treatment of clean equipment surfaces by a process
3that effectively destroys pathogens.
4    "Single use" means items that are intended for one time and
5one person use only and are to then be discarded.
6    "Sterilize" means to destroy all living organisms
7including spores.
8    "Tattooing" means making permanent marks on the skin of a
9live human being by puncturing the skin and inserting indelible
10colors. "Tattooing" includes imparting permanent makeup on the
11skin, such as permanent lip coloring and permanent eyeliner.
12"Tattooing" does not include any of the following:
13        (1) The practice of electrology as defined in the
14    Electrologist Electrology Licensing Act.
15        (2) The practice of acupuncture as defined in the
16    Acupuncture Practice Licensing Act.
17        (3) The use, by a physician licensed to practice
18    medicine in all its branches, of colors, dyes, or pigments
19    for the purpose of obscuring scar tissue or imparting color
20    to the skin for cosmetic, medical, or figurative purposes.
21(Source: P.A. 99-117, eff. 1-1-16; revised 9-29-17.)
 
22    Section 480. The Public Health Standing Orders Act is
23amended by changing Section 5 as follows:
 
24    (410 ILCS 125/5)

 

 

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1    Sec. 5. Definitions. In this Act:
2    "Health care personnel" means persons working within the
3scope of their licensure or training and experience with a
4public health clinic who provide medical services, including
5volunteers and staff not employed by the public health clinic.
6    "Public health clinic" has the same meaning as provided in
7subsection (c) of Section 6-101 of the Local Governmental and
8Governmental Employees Tort Immunity Immunities Act.
9    "Public health standing orders physician" has the same
10meaning as provided in subsection (d) of Section 6-101 of the
11Local Governmental and Governmental Employees Tort Immunity
12Immunities Act.
13(Source: P.A. 97-589, eff. 1-1-12; revised 11-8-17.)
 
14    Section 485. The Compassionate Use of Medical Cannabis
15Pilot Program Act is amended by changing Section 160 as
16follows:
 
17    (410 ILCS 130/160)
18    (Section scheduled to be repealed on July 1, 2020)
19    Sec. 160. Annual reports. (a) The Department of Public
20Health shall submit to the General Assembly a report, by
21September 30 of each year, that does not disclose any
22identifying information about registered qualifying patients,
23registered caregivers, or physicians, but does contain, at a
24minimum, all of the following information based on the fiscal

 

 

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1year for reporting purposes:
2        (1) the number of applications and renewals filed for
3    registry identification cards or registrations;
4        (2) the number of qualifying patients and designated
5    caregivers served by each dispensary during the report
6    year;
7        (3) the nature of the debilitating medical conditions
8    of the qualifying patients;
9        (4) the number of registry identification cards or
10    registrations revoked for misconduct;
11        (5) the number of physicians providing written
12    certifications for qualifying patients; and
13        (6) the number of registered medical cannabis
14    cultivation centers or registered dispensing
15    organizations.
16(Source: P.A. 98-122, eff. 1-1-14; revised 11-8-17.)
 
17    Section 490. The Consent by Minors to Health Care Services
18Act is amended by changing Sections 1, 1.5, 2, 3, and 5 as
19follows:
 
20    (410 ILCS 210/1)  (from Ch. 111, par. 4501)
21    Sec. 1. Consent by minor. The consent to the performance of
22a health care service by a physician licensed to practice
23medicine in all its branches, a chiropractic physician, a
24licensed optometrist, a licensed advanced practice registered

 

 

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1nurse, or a licensed physician assistant executed by a married
2person who is a minor, by a parent who is a minor, by a pregnant
3woman who is a minor, or by any person 18 years of age or older,
4is not voidable because of such minority, and, for such
5purpose, a married person who is a minor, a parent who is a
6minor, a pregnant woman who is a minor, or any person 18 years
7of age or older, is deemed to have the same legal capacity to
8act and has the same powers and obligations as has a person of
9legal age.
10(Source: P.A. 99-173, eff. 7-29-15; 100-378, eff. 1-1-18;
11100-513, eff. 1-1-18; revised 9-29-17.)
 
12    (410 ILCS 210/1.5)
13    Sec. 1.5. Consent by minor seeking care for limited primary
14care services.
15    (a) The consent to the performance of primary care services
16by a physician licensed to practice medicine in all its
17branches, a licensed advanced practice registered nurse, a
18licensed physician assistant, a chiropractic physician, or a
19licensed optometrist executed by a minor seeking care is not
20voidable because of such minority, and for such purpose, a
21minor seeking care is deemed to have the same legal capacity to
22act and has the same powers and obligations as has a person of
23legal age under the following circumstances:
24        (1) the health care professional reasonably believes
25    that the minor seeking care understands the benefits and

 

 

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1    risks of any proposed primary care or services; and
2        (2) the minor seeking care is identified in writing as
3    a minor seeking care by:
4            (A) an adult relative;
5            (B) a representative of a homeless service agency
6        that receives federal, State, county, or municipal
7        funding to provide those services or that is otherwise
8        sanctioned by a local continuum of care;
9            (C) an attorney licensed to practice law in this
10        State;
11            (D) a public school homeless liaison or school
12        social worker;
13            (E) a social service agency providing services to
14        at risk, homeless, or runaway youth; or
15            (F) a representative of a religious organization.
16    (b) A health care professional rendering primary care
17services under this Section shall not incur civil or criminal
18liability for failure to obtain valid consent or professional
19discipline for failure to obtain valid consent if he or she
20relied in good faith on the representations made by the minor
21or the information provided under paragraph (2) of subsection
22(a) of this Section. Under such circumstances, good faith shall
23be presumed.
24    (c) The confidential nature of any communication between a
25health care professional described in Section 1 of this Act and
26a minor seeking care is not waived (1) by the presence, at the

 

 

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1time of communication, of any additional persons present at the
2request of the minor seeking care, (2) by the health care
3professional's disclosure of confidential information to the
4additional person with the consent of the minor seeking care,
5when reasonably necessary to accomplish the purpose for which
6the additional person is consulted, or (3) by the health care
7professional billing a health benefit insurance or plan under
8which the minor seeking care is insured, is enrolled, or has
9coverage for the services provided.
10    (d) Nothing in this Section shall be construed to limit or
11expand a minor's existing powers and obligations under any
12federal, State, or local law. Nothing in this Section shall be
13construed to affect the Parental Notice of Abortion Act of
141995. Nothing in this Section affects the right or authority of
15a parent or legal guardian to verbally, in writing, or
16otherwise authorize health care services to be provided for a
17minor in their absence.
18    (e) For the purposes of this Section:
19    "Minor seeking care" means a person at least 14 years of
20age but less than 18 years of age who is living separate and
21apart from his or her parents or legal guardian, whether with
22or without the consent of a parent or legal guardian who is
23unable or unwilling to return to the residence of a parent, and
24managing his or her own personal affairs. "Minor seeking care"
25does not include minors who are under the protective custody,
26temporary custody, or guardianship of the Department of

 

 

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1Children and Family Services.
2    "Primary care services" means health care services that
3include screening, counseling, immunizations, medication, and
4treatment of illness and conditions customarily provided by
5licensed health care professionals in an out-patient setting,
6eye care services, excluding advanced optometric procedures,
7provided by optometrists, and services provided by
8chiropractic physicians according to the scope of practice of
9chiropractic physicians under the Medical Practice Act of 1987.
10"Primary care services" does not include invasive care, beyond
11standard injections, laceration care, or non-surgical fracture
12care.
13(Source: P.A. 99-173, eff. 7-29-15; 100-378, eff. 1-1-18;
14100-513, eff. 1-1-18; revised 9-29-17.)
 
15    (410 ILCS 210/2)  (from Ch. 111, par. 4502)
16    Sec. 2. Any parent, including a parent who is a minor, may
17consent to the performance upon his or her child of a health
18care service by a physician licensed to practice medicine in
19all its branches, a chiropractic physician, a licensed
20optometrist, a licensed advanced practice registered nurse, or
21a licensed physician assistant or a dental procedure by a
22licensed dentist. The consent of a parent who is a minor shall
23not be voidable because of such minority, but, for such
24purpose, a parent who is a minor shall be deemed to have the
25same legal capacity to act and shall have the same powers and

 

 

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1obligations as has a person of legal age.
2(Source: P.A. 99-173, eff. 7-29-15; 100-378, eff. 1-1-18;
3100-513, eff. 1-1-18; revised 9-29-17.)
 
4    (410 ILCS 210/3)  (from Ch. 111, par. 4503)
5    Sec. 3. (a) Where a hospital, a physician licensed to
6practice medicine in all its branches, a chiropractic
7physician, a licensed optometrist, a licensed advanced
8practice registered nurse, or a licensed physician assistant
9renders emergency treatment or first aid or a licensed dentist
10renders emergency dental treatment to a minor, consent of the
11minor's parent or legal guardian need not be obtained if, in
12the sole opinion of the physician, chiropractic physician,
13optometrist, advanced practice registered nurse, physician
14assistant, dentist, or hospital, the obtaining of consent is
15not reasonably feasible under the circumstances without
16adversely affecting the condition of such minor's health.
17    (b) Where a minor is the victim of a predatory criminal
18sexual assault of a child, aggravated criminal sexual assault,
19criminal sexual assault, aggravated criminal sexual abuse or
20criminal sexual abuse, as provided in Sections 11-1.20 through
2111-1.60 of the Criminal Code of 2012, the consent of the
22minor's parent or legal guardian need not be obtained to
23authorize a hospital, physician, chiropractic physician,
24optometrist, advanced practice registered nurse, physician
25assistant, or other medical personnel to furnish health care

 

 

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1services or counseling related to the diagnosis or treatment of
2any disease or injury arising from such offense. The minor may
3consent to such counseling, diagnosis or treatment as if the
4minor had reached his or her age of majority. Such consent
5shall not be voidable, nor subject to later disaffirmance,
6because of minority.
7(Source: P.A. 99-173, eff. 7-29-15; 100-378, eff. 1-1-18;
8100-513, eff. 1-1-18; revised 9-29-17.)
 
9    (410 ILCS 210/5)  (from Ch. 111, par. 4505)
10    Sec. 5. Counseling; informing parent or guardian. Any
11physician licensed to practice medicine in all its branches,
12advanced practice registered nurse, or physician assistant,
13who provides diagnosis or treatment or any licensed clinical
14psychologist or professionally trained social worker with a
15master's degree or any qualified person employed (i) by an
16organization licensed or funded by the Department of Human
17Services, (ii) by units of local government, or (iii) by
18agencies or organizations operating drug abuse programs funded
19or licensed by the Federal Government or the State of Illinois
20or any qualified person employed by or associated with any
21public or private alcoholism or drug abuse program licensed by
22the State of Illinois who provides counseling to a minor
23patient who has come into contact with any sexually transmitted
24disease referred to in Section 4 of this Act may, but shall not
25be obligated to, inform the parent, parents, or guardian of the

 

 

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1minor as to the treatment given or needed. Any person described
2in this Section who provides counseling to a minor who abuses
3drugs or alcohol or has a family member who abuses drugs or
4alcohol shall not inform the parent, parents, guardian, or
5other responsible adult of the minor's condition or treatment
6without the minor's consent unless that action is, in the
7person's judgment, necessary to protect the safety of the
8minor, a family member, or another individual.
9    Any such person shall, upon the minor's consent, make
10reasonable efforts to involve the family of the minor in his or
11her treatment, if the person furnishing the treatment believes
12that the involvement of the family will not be detrimental to
13the progress and care of the minor. Reasonable effort shall be
14extended to assist the minor in accepting the involvement of
15his or her family in the care and treatment being given.
16(Source: P.A. 100-378, eff. 1-1-18; 100-513, eff. 1-1-18;
17revised 9-29-17.)
 
18    Section 495. The Perinatal HIV Prevention Act is amended by
19changing Section 5 as follows:
 
20    (410 ILCS 335/5)
21    Sec. 5. Definitions. In this Act:
22    "Birth center" means a facility licensed by the Department
23under paragraph (6) of Section 35 of the Alternative Health
24Care Delivery Act.

 

 

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1    "Department" means the Department of Public Health.
2    "Health care professional" means a physician licensed to
3practice medicine in all its branches, a licensed physician
4assistant, or a licensed advanced practice registered nurse.
5    "Health care facility" or "facility" means any hospital,
6birth center, or other institution that is licensed or
7otherwise authorized to deliver health care services.
8    "Health care services" means any prenatal medical care or
9labor or delivery services to a pregnant woman and her newborn
10infant, including hospitalization.
11    "Opt-out testing" means an approach in which an HIV test is
12offered to the patient, such that the patient is notified that
13HIV testing may occur unless the patient opts out by declining
14the test.
15    "Third trimester" means the 27th week of pregnancy through
16delivery.
17(Source: P.A. 99-173, eff. 7-29-15; 100-265, eff. 8-22-17;
18100-513, eff. 1-1-18; revised 9-29-17.)
 
19    Section 500. The Vital Records Act is amended by changing
20Sections 1 and 24.6 as follows:
 
21    (410 ILCS 535/1)  (from Ch. 111 1/2, par. 73-1)
22    Sec. 1. As used in this Act, unless the context otherwise
23requires:
24    (1) "Vital records" means records of births, deaths, fetal

 

 

HB5447 Enrolled- 1579 -LRB100 16294 AMC 31417 b

1deaths, marriages, dissolution of marriages, and data related
2thereto.
3    (2) "System of vital records" includes the registration,
4collection, preservation, amendment, and certification of
5vital records, and activities related thereto.
6    (3) "Filing" means the presentation of a certificate,
7report, or other record provided for in this Act, of a birth,
8death, fetal death, adoption, marriage, or dissolution of
9marriage, for registration by the Office of Vital Records.
10    (4) "Registration" means the acceptance by the Office of
11Vital Records and the incorporation in its official records of
12certificates, reports, or other records provided for in this
13Act, of births, deaths, fetal deaths, adoptions, marriages, or
14dissolution of marriages.
15    (5) "Live birth" means the complete expulsion or extraction
16from its mother of a product of human conception, irrespective
17of the duration of pregnancy, which after such separation
18breathes or shows any other evidence of life such as beating of
19the heart, pulsation of the umbilical cord, or definite
20movement of voluntary muscles, whether or not the umbilical
21cord has been cut or the placenta is attached.
22    (6) "Fetal death" means death prior to the complete
23expulsion or extraction from its mother of a product of human
24conception, irrespective of the duration of pregnancy; the
25death is indicated by the fact that after such separation the
26fetus does not breathe or show any other evidence of life such

 

 

HB5447 Enrolled- 1580 -LRB100 16294 AMC 31417 b

1as beating of the heart, pulsation of the umbilical cord, or
2definite movement of voluntary muscles.
3    (7) "Dead body" means a lifeless human body or parts of
4such body or bones thereof from the state of which it may
5reasonably be concluded that death has occurred.
6    (8) "Final disposition" means the burial, cremation, or
7other disposition of a dead human body or fetus or parts
8thereof.
9    (9) "Physician" means a person licensed to practice
10medicine in Illinois or any other state State.
11    (10) "Institution" means any establishment, public or
12private, which provides in-patient medical, surgical, or
13diagnostic care or treatment, or nursing, custodial, or
14domiciliary care to 2 or more unrelated individuals, or to
15which persons are committed by law.
16    (11) "Department" means the Department of Public Health of
17the State of Illinois.
18    (12) "Director" means the Director of the Illinois
19Department of Public Health.
20    (13) "Licensed health care professional" means a person
21licensed to practice as a physician, advanced practice
22registered nurse, or physician assistant in Illinois or any
23other state.
24    (14) "Licensed mental health professional" means a person
25who is licensed or registered to provide mental health services
26by the Department of Financial and Professional Regulation or a

 

 

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1board of registration duly authorized to register or grant
2licenses to persons engaged in the practice of providing mental
3health services in Illinois or any other state.
4    (15) "Intersex condition" means a condition in which a
5person is born with a reproductive or sexual anatomy or
6chromosome pattern that does not fit typical definitions of
7male or female.
8    (16) (13) "Homeless person" means an individual who meets
9the definition of "homeless" under Section 103 of the federal
10McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) or an
11individual residing in any of the living situations described
12in 42 U.S.C. 11434a(2).
13(Source: P.A. 100-360, eff. 1-1-18; 100-506, eff. 1-1-18;
14revised 9-29-17.)
 
15    (410 ILCS 535/24.6)
16    Sec. 24.6. Access to records; State Treasurer. Any
17information contained in the vital records shall be made
18available at no cost to the State Treasurer for administrative
19purposes related to the Revised Uniform Disposition of
20Unclaimed Property Act.
21(Source: P.A. 100-543, eff. 1-1-18; revised 12-14-17.)
 
22    Section 505. The Environmental Protection Act is amended by
23changing Sections 5, 22.15, 29, 41, 42, 44.1, 55, and 55.6 as
24follows:
 

 

 

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1    (415 ILCS 5/5)  (from Ch. 111 1/2, par. 1005)
2    Sec. 5. Pollution Control Board.
3    (a) There is hereby created an independent board to be
4known as the Pollution Control Board.
5    On and after August 11, 2003 (the effective date of Public
6Act 93-509), the Board shall consist of 5 technically qualified
7members, no more than 3 of whom may be of the same political
8party, to be appointed by the Governor with the advice and
9consent of the Senate. Members shall have verifiable technical,
10academic, or actual experience in the field of pollution
11control or environmental law and regulation.
12    One member shall be appointed for a term ending July 1,
132004, 2 shall be appointed for terms ending July 1, 2005, and 2
14shall be appointed for terms ending July 1, 2006. Thereafter,
15all members shall hold office for 3 years from the first day of
16July in the year in which they were appointed, except in case
17of an appointment to fill a vacancy. In case of a vacancy in
18the office when the Senate is not in session, the Governor may
19make a temporary appointment until the next meeting of the
20Senate, when he or she shall nominate some person to fill such
21office; and any person so nominated, who is confirmed by the
22Senate, shall hold the office during the remainder of the term.
23    Members of the Board shall hold office until their
24respective successors have been appointed and qualified. Any
25member may resign from office, such resignation to take effect

 

 

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1when a successor has been appointed and has qualified.
2    Board members shall be paid $37,000 per year or an amount
3set by the Compensation Review Board, whichever is greater, and
4the Chairman shall be paid $43,000 per year or an amount set by
5the Compensation Review Board, whichever is greater. Each
6member shall devote his or her entire time to the duties of the
7office, and shall hold no other office or position of profit,
8nor engage in any other business, employment, or vocation. Each
9member shall be reimbursed for expenses necessarily incurred
10and shall make a financial disclosure upon appointment.
11    The Board may employ one assistant for each member and 2
12assistants for the Chairman. The Board also may employ and
13compensate hearing officers to preside at hearings under this
14Act, and such other personnel as may be necessary. Hearing
15officers shall be attorneys licensed to practice law in
16Illinois.
17    The Board may have an Executive Director; if so, the
18Executive Director shall be appointed by the Governor with the
19advice and consent of the Senate. The salary and duties of the
20Executive Director shall be fixed by the Board.
21    The Governor shall designate one Board member to be
22Chairman, who shall serve at the pleasure of the Governor.
23    The Board shall hold at least one meeting each month and
24such additional meetings as may be prescribed by Board rules.
25In addition, special meetings may be called by the Chairman or
26by any 2 Board members, upon delivery of 48 hours written

 

 

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1notice to the office of each member. All Board meetings shall
2be open to the public, and public notice of all meetings shall
3be given at least 48 hours in advance of each meeting. In
4emergency situations in which a majority of the Board certifies
5that exigencies of time require the requirements of public
6notice and of 24 hour written notice to members may be
7dispensed with, and Board members shall receive such notice as
8is reasonable under the circumstances.
9    Three members of the Board shall constitute a quorum to
10transact business; and the affirmative vote of 3 members is
11necessary to adopt any order. The Board shall keep a complete
12and accurate record of all its meetings.
13    (b) The Board shall determine, define and implement the
14environmental control standards applicable in the State of
15Illinois and may adopt rules and regulations in accordance with
16Title VII of this Act.
17    (c) The Board shall have authority to act for the State in
18regard to the adoption of standards for submission to the
19United States under any federal law respecting environmental
20protection. Such standards shall be adopted in accordance with
21Title VII of the Act and upon adoption shall be forwarded to
22the Environmental Protection Agency for submission to the
23United States pursuant to subsections (l) and (m) of Section 4
24of this Act. Nothing in this paragraph shall limit the
25discretion of the Governor to delegate authority granted to the
26Governor under any federal law.

 

 

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1    (d) The Board shall have authority to conduct proceedings
2upon complaints charging violations of this Act, any rule or
3regulation adopted under this Act, any permit or term or
4condition of a permit, or any Board order; upon administrative
5citations; upon petitions for variances, adjusted standards,
6or time-limited water quality standards; upon petitions for
7review of the Agency's final determinations on permit
8applications in accordance with Title X of this Act; upon
9petitions to remove seals under Section 34 of this Act; and
10upon other petitions for review of final determinations which
11are made pursuant to this Act or Board rule and which involve a
12subject which the Board is authorized to regulate. The Board
13may also conduct other proceedings as may be provided by this
14Act or any other statute or rule.
15    (e) In connection with any proceeding pursuant to
16subsection (b) or (d) of this Section, the Board may subpoena
17and compel the attendance of witnesses and the production of
18evidence reasonably necessary to resolution of the matter under
19consideration. The Board shall issue such subpoenas upon the
20request of any party to a proceeding under subsection (d) of
21this Section or upon its own motion.
22    (f) The Board may prescribe reasonable fees for permits
23required pursuant to this Act. Such fees in the aggregate may
24not exceed the total cost to the Agency for its inspection and
25permit systems. The Board may not prescribe any permit fees
26which are different in amount from those established by this

 

 

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1Act.
2(Source: P.A. 99-934, eff. 1-27-17; 99-937, eff. 2-24-17;
3revised 2-27-17.)
 
4    (415 ILCS 5/22.15)  (from Ch. 111 1/2, par. 1022.15)
5    Sec. 22.15. Solid Waste Management Fund; fees.
6    (a) There is hereby created within the State Treasury a
7special fund to be known as the "Solid Waste Management Fund",
8to be constituted from the fees collected by the State pursuant
9to this Section, from repayments of loans made from the Fund
10for solid waste projects, from registration fees collected
11pursuant to the Consumer Electronics Recycling Act, and from
12amounts transferred into the Fund pursuant to Public Act
13100-433 this amendatory Act of the 100th General Assembly.
14Moneys received by the Department of Commerce and Economic
15Opportunity in repayment of loans made pursuant to the Illinois
16Solid Waste Management Act shall be deposited into the General
17Revenue Fund.
18    (b) The Agency shall assess and collect a fee in the amount
19set forth herein from the owner or operator of each sanitary
20landfill permitted or required to be permitted by the Agency to
21dispose of solid waste if the sanitary landfill is located off
22the site where such waste was produced and if such sanitary
23landfill is owned, controlled, and operated by a person other
24than the generator of such waste. The Agency shall deposit all
25fees collected into the Solid Waste Management Fund. If a site

 

 

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1is contiguous to one or more landfills owned or operated by the
2same person, the volumes permanently disposed of by each
3landfill shall be combined for purposes of determining the fee
4under this subsection.
5        (1) If more than 150,000 cubic yards of non-hazardous
6    solid waste is permanently disposed of at a site in a
7    calendar year, the owner or operator shall either pay a fee
8    of 95 cents per cubic yard or, alternatively, the owner or
9    operator may weigh the quantity of the solid waste
10    permanently disposed of with a device for which
11    certification has been obtained under the Weights and
12    Measures Act and pay a fee of $2.00 per ton of solid waste
13    permanently disposed of. In no case shall the fee collected
14    or paid by the owner or operator under this paragraph
15    exceed $1.55 per cubic yard or $3.27 per ton.
16        (2) If more than 100,000 cubic yards but not more than
17    150,000 cubic yards of non-hazardous waste is permanently
18    disposed of at a site in a calendar year, the owner or
19    operator shall pay a fee of $52,630.
20        (3) If more than 50,000 cubic yards but not more than
21    100,000 cubic yards of non-hazardous solid waste is
22    permanently disposed of at a site in a calendar year, the
23    owner or operator shall pay a fee of $23,790.
24        (4) If more than 10,000 cubic yards but not more than
25    50,000 cubic yards of non-hazardous solid waste is
26    permanently disposed of at a site in a calendar year, the

 

 

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1    owner or operator shall pay a fee of $7,260.
2        (5) If not more than 10,000 cubic yards of
3    non-hazardous solid waste is permanently disposed of at a
4    site in a calendar year, the owner or operator shall pay a
5    fee of $1050.
6    (c) (Blank).
7    (d) The Agency shall establish rules relating to the
8collection of the fees authorized by this Section. Such rules
9shall include, but not be limited to:
10        (1) necessary records identifying the quantities of
11    solid waste received or disposed;
12        (2) the form and submission of reports to accompany the
13    payment of fees to the Agency;
14        (3) the time and manner of payment of fees to the
15    Agency, which payments shall not be more often than
16    quarterly; and
17        (4) procedures setting forth criteria establishing
18    when an owner or operator may measure by weight or volume
19    during any given quarter or other fee payment period.
20    (e) Pursuant to appropriation, all monies in the Solid
21Waste Management Fund shall be used by the Agency and the
22Department of Commerce and Economic Opportunity for the
23purposes set forth in this Section and in the Illinois Solid
24Waste Management Act, including for the costs of fee collection
25and administration, and for the administration of (1) the
26Consumer Electronics Recycling Act and (2) until January 1,

 

 

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12020, the Electronic Products Recycling and Reuse Act.
2    (f) The Agency is authorized to enter into such agreements
3and to promulgate such rules as are necessary to carry out its
4duties under this Section and the Illinois Solid Waste
5Management Act.
6    (g) On the first day of January, April, July, and October
7of each year, beginning on July 1, 1996, the State Comptroller
8and Treasurer shall transfer $500,000 from the Solid Waste
9Management Fund to the Hazardous Waste Fund. Moneys transferred
10under this subsection (g) shall be used only for the purposes
11set forth in item (1) of subsection (d) of Section 22.2.
12    (h) The Agency is authorized to provide financial
13assistance to units of local government for the performance of
14inspecting, investigating and enforcement activities pursuant
15to Section 4(r) at nonhazardous solid waste disposal sites.
16    (i) The Agency is authorized to conduct household waste
17collection and disposal programs.
18    (j) A unit of local government, as defined in the Local
19Solid Waste Disposal Act, in which a solid waste disposal
20facility is located may establish a fee, tax, or surcharge with
21regard to the permanent disposal of solid waste. All fees,
22taxes, and surcharges collected under this subsection shall be
23utilized for solid waste management purposes, including
24long-term monitoring and maintenance of landfills, planning,
25implementation, inspection, enforcement and other activities
26consistent with the Solid Waste Management Act and the Local

 

 

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1Solid Waste Disposal Act, or for any other environment-related
2purpose, including but not limited to an environment-related
3public works project, but not for the construction of a new
4pollution control facility other than a household hazardous
5waste facility. However, the total fee, tax or surcharge
6imposed by all units of local government under this subsection
7(j) upon the solid waste disposal facility shall not exceed:
8        (1) 60¢ per cubic yard if more than 150,000 cubic yards
9    of non-hazardous solid waste is permanently disposed of at
10    the site in a calendar year, unless the owner or operator
11    weighs the quantity of the solid waste received with a
12    device for which certification has been obtained under the
13    Weights and Measures Act, in which case the fee shall not
14    exceed $1.27 per ton of solid waste permanently disposed
15    of.
16        (2) $33,350 if more than 100,000 cubic yards, but not
17    more than 150,000 cubic yards, of non-hazardous waste is
18    permanently disposed of at the site in a calendar year.
19        (3) $15,500 if more than 50,000 cubic yards, but not
20    more than 100,000 cubic yards, of non-hazardous solid waste
21    is permanently disposed of at the site in a calendar year.
22        (4) $4,650 if more than 10,000 cubic yards, but not
23    more than 50,000 cubic yards, of non-hazardous solid waste
24    is permanently disposed of at the site in a calendar year.
25        (5) $$650 if not more than 10,000 cubic yards of
26    non-hazardous solid waste is permanently disposed of at the

 

 

HB5447 Enrolled- 1591 -LRB100 16294 AMC 31417 b

1    site in a calendar year.
2    The corporate authorities of the unit of local government
3may use proceeds from the fee, tax, or surcharge to reimburse a
4highway commissioner whose road district lies wholly or
5partially within the corporate limits of the unit of local
6government for expenses incurred in the removal of
7nonhazardous, nonfluid municipal waste that has been dumped on
8public property in violation of a State law or local ordinance.
9    A county or Municipal Joint Action Agency that imposes a
10fee, tax, or surcharge under this subsection may use the
11proceeds thereof to reimburse a municipality that lies wholly
12or partially within its boundaries for expenses incurred in the
13removal of nonhazardous, nonfluid municipal waste that has been
14dumped on public property in violation of a State law or local
15ordinance.
16    If the fees are to be used to conduct a local sanitary
17landfill inspection or enforcement program, the unit of local
18government must enter into a written delegation agreement with
19the Agency pursuant to subsection (r) of Section 4. The unit of
20local government and the Agency shall enter into such a written
21delegation agreement within 60 days after the establishment of
22such fees. At least annually, the Agency shall conduct an audit
23of the expenditures made by units of local government from the
24funds granted by the Agency to the units of local government
25for purposes of local sanitary landfill inspection and
26enforcement programs, to ensure that the funds have been

 

 

HB5447 Enrolled- 1592 -LRB100 16294 AMC 31417 b

1expended for the prescribed purposes under the grant.
2    The fees, taxes or surcharges collected under this
3subsection (j) shall be placed by the unit of local government
4in a separate fund, and the interest received on the moneys in
5the fund shall be credited to the fund. The monies in the fund
6may be accumulated over a period of years to be expended in
7accordance with this subsection.
8    A unit of local government, as defined in the Local Solid
9Waste Disposal Act, shall prepare and distribute to the Agency,
10in April of each year, a report that details spending plans for
11monies collected in accordance with this subsection. The report
12will at a minimum include the following:
13        (1) The total monies collected pursuant to this
14    subsection.
15        (2) The most current balance of monies collected
16    pursuant to this subsection.
17        (3) An itemized accounting of all monies expended for
18    the previous year pursuant to this subsection.
19        (4) An estimation of monies to be collected for the
20    following 3 years pursuant to this subsection.
21        (5) A narrative detailing the general direction and
22    scope of future expenditures for one, 2 and 3 years.
23    The exemptions granted under Sections 22.16 and 22.16a, and
24under subsection (k) of this Section, shall be applicable to
25any fee, tax or surcharge imposed under this subsection (j);
26except that the fee, tax or surcharge authorized to be imposed

 

 

HB5447 Enrolled- 1593 -LRB100 16294 AMC 31417 b

1under this subsection (j) may be made applicable by a unit of
2local government to the permanent disposal of solid waste after
3December 31, 1986, under any contract lawfully executed before
4June 1, 1986 under which more than 150,000 cubic yards (or
550,000 tons) of solid waste is to be permanently disposed of,
6even though the waste is exempt from the fee imposed by the
7State under subsection (b) of this Section pursuant to an
8exemption granted under Section 22.16.
9    (k) In accordance with the findings and purposes of the
10Illinois Solid Waste Management Act, beginning January 1, 1989
11the fee under subsection (b) and the fee, tax or surcharge
12under subsection (j) shall not apply to:
13        (1) waste Waste which is hazardous waste; or
14        (2) waste Waste which is pollution control waste; or
15        (3) waste Waste from recycling, reclamation or reuse
16    processes which have been approved by the Agency as being
17    designed to remove any contaminant from wastes so as to
18    render such wastes reusable, provided that the process
19    renders at least 50% of the waste reusable; or
20        (4) non-hazardous Non-hazardous solid waste that is
21    received at a sanitary landfill and composted or recycled
22    through a process permitted by the Agency; or
23        (5) any Any landfill which is permitted by the Agency
24    to receive only demolition or construction debris or
25    landscape waste.
26(Source: P.A. 100-103, eff. 8-11-17; 100-433, eff. 8-25-17;

 

 

HB5447 Enrolled- 1594 -LRB100 16294 AMC 31417 b

1revised 9-29-17.)
 
2    (415 ILCS 5/29)  (from Ch. 111 1/2, par. 1029)
3    Sec. 29. (a) Any person adversely affected or threatened by
4any rule or regulation of the Board may obtain a determination
5of the validity or application of such rule or regulation by
6petition under subsection (a) of Section 41 of this Act for
7judicial review of the Board's final order adopting the rule or
8regulation. For purposes of the 35-day appeal period of
9subsection (a) of Section 41, a person is deemed to have been
10served with the Board's final order on the date on which the
11rule or regulation becomes effective pursuant to the Illinois
12Administrative Procedure Act.
13    (b) Action by the Board in adopting any regulation for
14which judicial review could have been obtained under Section 41
15of this Act shall not be subject to review regarding the
16regulation's validity or application in any subsequent
17proceeding under Title VIII, Title IX, or Section 40 of this
18Act.
19    (c) This Section does not apply to orders entered by the
20Board pursuant to Section 38.5 of this Act. Final orders
21entered by the Board pursuant to Section 38.5 of this Act are
22subject to judicial review under subsection (j) of that
23Section. Interim orders entered by the Board pursuant to
24Section 38.5 are not subject to judicial review under this
25Section or Section 38.5.

 

 

HB5447 Enrolled- 1595 -LRB100 16294 AMC 31417 b

1(Source: P.A. 99-934, eff. 1-27-17; 99-937, eff. 2-24-17;
2revised 2-27-17.)
 
3    (415 ILCS 5/41)  (from Ch. 111 1/2, par. 1041)
4    Sec. 41. Judicial review.
5    (a) Any party to a Board hearing, any person who filed a
6complaint on which a hearing was denied, any person who has
7been denied a variance or permit under this Act, any party
8adversely affected by a final order or determination of the
9Board, and any person who participated in the public comment
10process under subsection (8) of Section 39.5 of this Act may
11obtain judicial review, by filing a petition for review within
1235 days from the date that a copy of the order or other final
13action sought to be reviewed was served upon the party affected
14by the order or other final Board action complained of, under
15the provisions of the Administrative Review Law, as amended and
16the rules adopted pursuant thereto, except that review shall be
17afforded directly in the Appellate Court for the District in
18which the cause of action arose and not in the Circuit Court.
19For purposes of this subsection (a), the date of service of the
20Board's final order is the date on which the party received a
21copy of the order from the Board. Review of any rule or
22regulation promulgated by the Board shall not be limited by
23this Section but may also be had as provided in Section 29 of
24this Act.
25    (b) Any final order of the Board under this Act shall be

 

 

HB5447 Enrolled- 1596 -LRB100 16294 AMC 31417 b

1based solely on the evidence in the record of the particular
2proceeding involved, and any such final order for permit
3appeals, enforcement actions and variance proceedings, shall
4be invalid if it is against the manifest weight of the
5evidence. Notwithstanding this subsection, the Board may
6include such conditions in granting a variance and may adopt
7such rules and regulations as the policies of this Act may
8require. If an objection is made to a variance condition, the
9board shall reconsider the condition within not more than 75
10days from the date of the objection.
11    (c) No challenge to the validity of a Board order shall be
12made in any enforcement proceeding under Title XII of this Act
13as to any issue that could have been raised in a timely
14petition for review under this Section.
15    (d) If there is no final action by the Board within 120
16days on a request for a variance which is subject to subsection
17(c) of Section 38 or a permit appeal which is subject to
18paragraph (a) (3) of Section 40 or paragraph (d) of Section
1940.2 or Section 40.3, the petitioner shall be entitled to an
20Appellate Court order under this subsection. If a hearing is
21required under this Act and was not held by the Board, the
22Appellate Court shall order the Board to conduct such a
23hearing, and to make a decision within 90 days from the date of
24the order. If a hearing was held by the Board, or if a hearing
25is not required under this Act and was not held by the Board,
26the Appellate Court shall order the Board to make a decision

 

 

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1within 90 days from the date of the order.
2    The Appellate Court shall retain jurisdiction during the
3pendency of any further action conducted by the Board under an
4order by the Appellate Court. The Appellate Court shall have
5jurisdiction to review all issues of law and fact presented
6upon appeal.
7    (e) This Section does not apply to orders entered by the
8Board pursuant to Section 38.5 of this Act. Final orders
9entered by the Board pursuant to Section 38.5 of this Act are
10subject to judicial review under subsection (j) of that
11Section. Interim orders entered by the Board pursuant to
12Section 38.5 are not subject to judicial review under this
13Section or Section 38.5.
14(Source: P.A. 99-463, eff. 1-1-16; 99-934, eff. 1-27-17;
1599-937, eff. 2-24-17; revised 2-27-17.)
 
16    (415 ILCS 5/42)  (from Ch. 111 1/2, par. 1042)
17    Sec. 42. Civil penalties.
18    (a) Except as provided in this Section, any person that
19violates any provision of this Act or any regulation adopted by
20the Board, or any permit or term or condition thereof, or that
21violates any order of the Board pursuant to this Act, shall be
22liable for a civil penalty of not to exceed $50,000 for the
23violation and an additional civil penalty of not to exceed
24$10,000 for each day during which the violation continues; such
25penalties may, upon order of the Board or a court of competent

 

 

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1jurisdiction, be made payable to the Environmental Protection
2Trust Fund, to be used in accordance with the provisions of the
3Environmental Protection Trust Fund Act.
4    (b) Notwithstanding the provisions of subsection (a) of
5this Section:
6        (1) Any person that violates Section 12(f) of this Act
7    or any NPDES permit or term or condition thereof, or any
8    filing requirement, regulation or order relating to the
9    NPDES permit program, shall be liable to a civil penalty of
10    not to exceed $10,000 per day of violation.
11        (2) Any person that violates Section 12(g) of this Act
12    or any UIC permit or term or condition thereof, or any
13    filing requirement, regulation or order relating to the
14    State UIC program for all wells, except Class II wells as
15    defined by the Board under this Act, shall be liable to a
16    civil penalty not to exceed $2,500 per day of violation;
17    provided, however, that any person who commits such
18    violations relating to the State UIC program for Class II
19    wells, as defined by the Board under this Act, shall be
20    liable to a civil penalty of not to exceed $10,000 for the
21    violation and an additional civil penalty of not to exceed
22    $1,000 for each day during which the violation continues.
23        (3) Any person that violates Sections 21(f), 21(g),
24    21(h) or 21(i) of this Act, or any RCRA permit or term or
25    condition thereof, or any filing requirement, regulation
26    or order relating to the State RCRA program, shall be

 

 

HB5447 Enrolled- 1599 -LRB100 16294 AMC 31417 b

1    liable to a civil penalty of not to exceed $25,000 per day
2    of violation.
3        (4) In an administrative citation action under Section
4    31.1 of this Act, any person found to have violated any
5    provision of subsection (o) of Section 21 of this Act shall
6    pay a civil penalty of $500 for each violation of each such
7    provision, plus any hearing costs incurred by the Board and
8    the Agency. Such penalties shall be made payable to the
9    Environmental Protection Trust Fund, to be used in
10    accordance with the provisions of the Environmental
11    Protection Trust Fund Act; except that if a unit of local
12    government issued the administrative citation, 50% of the
13    civil penalty shall be payable to the unit of local
14    government.
15        (4-5) In an administrative citation action under
16    Section 31.1 of this Act, any person found to have violated
17    any provision of subsection (p) of Section 21, Section
18    22.51, Section 22.51a, or subsection (k) of Section 55 of
19    this Act shall pay a civil penalty of $1,500 for each
20    violation of each such provision, plus any hearing costs
21    incurred by the Board and the Agency, except that the civil
22    penalty amount shall be $3,000 for each violation of any
23    provision of subsection (p) of Section 21, Section 22.51,
24    Section 22.51a, or subsection (k) of Section 55 that is the
25    person's second or subsequent adjudication violation of
26    that provision. The penalties shall be deposited into the

 

 

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1    Environmental Protection Trust Fund, to be used in
2    accordance with the provisions of the Environmental
3    Protection Trust Fund Act; except that if a unit of local
4    government issued the administrative citation, 50% of the
5    civil penalty shall be payable to the unit of local
6    government.
7        (5) Any person who violates subsection 6 of Section
8    39.5 of this Act or any CAAPP permit, or term or condition
9    thereof, or any fee or filing requirement, or any duty to
10    allow or carry out inspection, entry or monitoring
11    activities, or any regulation or order relating to the
12    CAAPP shall be liable for a civil penalty not to exceed
13    $10,000 per day of violation.
14        (6) Any owner or operator of a community water system
15    that violates subsection (b) of Section 18.1 or subsection
16    (a) of Section 25d-3 of this Act shall, for each day of
17    violation, be liable for a civil penalty not to exceed $5
18    for each of the premises connected to the affected
19    community water system.
20        (7) Any person who violates Section 52.5 of this Act
21    shall be liable for a civil penalty of up to $1,000 for the
22    first violation of that Section and a civil penalty of up
23    to $2,500 for a second or subsequent violation of that
24    Section.
25    (b.5) In lieu of the penalties set forth in subsections (a)
26and (b) of this Section, any person who fails to file, in a

 

 

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1timely manner, toxic chemical release forms with the Agency
2pursuant to Section 25b-2 of this Act shall be liable for a
3civil penalty of $100 per day for each day the forms are late,
4not to exceed a maximum total penalty of $6,000. This daily
5penalty shall begin accruing on the thirty-first day after the
6date that the person receives the warning notice issued by the
7Agency pursuant to Section 25b-6 of this Act; and the penalty
8shall be paid to the Agency. The daily accrual of penalties
9shall cease as of January 1 of the following year. All
10penalties collected by the Agency pursuant to this subsection
11shall be deposited into the Environmental Protection Permit and
12Inspection Fund.
13    (c) Any person that violates this Act, any rule or
14regulation adopted under this Act, any permit or term or
15condition of a permit, or any Board order and causes the death
16of fish or aquatic life shall, in addition to the other
17penalties provided by this Act, be liable to pay to the State
18an additional sum for the reasonable value of the fish or
19aquatic life destroyed. Any money so recovered shall be placed
20in the Wildlife and Fish Fund in the State Treasury.
21    (d) The penalties provided for in this Section may be
22recovered in a civil action.
23    (e) The State's Attorney of the county in which the
24violation occurred, or the Attorney General, may, at the
25request of the Agency or on his own motion, institute a civil
26action for an injunction, prohibitory or mandatory, to restrain

 

 

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1violations of this Act, any rule or regulation adopted under
2this Act, any permit or term or condition of a permit, or any
3Board order, or to require such other actions as may be
4necessary to address violations of this Act, any rule or
5regulation adopted under this Act, any permit or term or
6condition of a permit, or any Board order.
7    (f) The State's Attorney of the county in which the
8violation occurred, or the Attorney General, shall bring such
9actions in the name of the people of the State of Illinois.
10Without limiting any other authority which may exist for the
11awarding of attorney's fees and costs, the Board or a court of
12competent jurisdiction may award costs and reasonable
13attorney's fees, including the reasonable costs of expert
14witnesses and consultants, to the State's Attorney or the
15Attorney General in a case where he has prevailed against a
16person who has committed a willful wilful, knowing, or repeated
17violation of this Act, any rule or regulation adopted under
18this Act, any permit or term or condition of a permit, or any
19Board order.
20    Any funds collected under this subsection (f) in which the
21Attorney General has prevailed shall be deposited in the
22Hazardous Waste Fund created in Section 22.2 of this Act. Any
23funds collected under this subsection (f) in which a State's
24Attorney has prevailed shall be retained by the county in which
25he serves.
26    (g) All final orders imposing civil penalties pursuant to

 

 

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1this Section shall prescribe the time for payment of such
2penalties. If any such penalty is not paid within the time
3prescribed, interest on such penalty at the rate set forth in
4subsection (a) of Section 1003 of the Illinois Income Tax Act,
5shall be paid for the period from the date payment is due until
6the date payment is received. However, if the time for payment
7is stayed during the pendency of an appeal, interest shall not
8accrue during such stay.
9    (h) In determining the appropriate civil penalty to be
10imposed under subdivisions (a), (b)(1), (b)(2), (b)(3),
11(b)(5), (b)(6), or (b)(7) of this Section, the Board is
12authorized to consider any matters of record in mitigation or
13aggravation of penalty, including, but not limited to, the
14following factors:
15        (1) the duration and gravity of the violation;
16        (2) the presence or absence of due diligence on the
17    part of the respondent in attempting to comply with
18    requirements of this Act and regulations thereunder or to
19    secure relief therefrom as provided by this Act;
20        (3) any economic benefits accrued by the respondent
21    because of delay in compliance with requirements, in which
22    case the economic benefits shall be determined by the
23    lowest cost alternative for achieving compliance;
24        (4) the amount of monetary penalty which will serve to
25    deter further violations by the respondent and to otherwise
26    aid in enhancing voluntary compliance with this Act by the

 

 

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1    respondent and other persons similarly subject to the Act;
2        (5) the number, proximity in time, and gravity of
3    previously adjudicated violations of this Act by the
4    respondent;
5        (6) whether the respondent voluntarily self-disclosed,
6    in accordance with subsection (i) of this Section, the
7    non-compliance to the Agency;
8        (7) whether the respondent has agreed to undertake a
9    "supplemental environmental project"," which means an
10    environmentally beneficial project that a respondent
11    agrees to undertake in settlement of an enforcement action
12    brought under this Act, but which the respondent is not
13    otherwise legally required to perform; and
14        (8) whether the respondent has successfully completed
15    a Compliance Commitment Agreement under subsection (a) of
16    Section 31 of this Act to remedy the violations that are
17    the subject of the complaint.
18    In determining the appropriate civil penalty to be imposed
19under subsection (a) or paragraph (1), (2), (3), (5), (6), or
20(7) of subsection (b) of this Section, the Board shall ensure,
21in all cases, that the penalty is at least as great as the
22economic benefits, if any, accrued by the respondent as a
23result of the violation, unless the Board finds that imposition
24of such penalty would result in an arbitrary or unreasonable
25financial hardship. However, such civil penalty may be off-set
26in whole or in part pursuant to a supplemental environmental

 

 

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1project agreed to by the complainant and the respondent.
2    (i) A person who voluntarily self-discloses non-compliance
3to the Agency, of which the Agency had been unaware, is
4entitled to a 100% reduction in the portion of the penalty that
5is not based on the economic benefit of non-compliance if the
6person can establish the following:
7        (1) that either the regulated entity is a small entity
8    or the non-compliance was discovered through an
9    environmental audit or a compliance management system
10    documented by the regulated entity as reflecting the
11    regulated entity's due diligence in preventing, detecting,
12    and correcting violations;
13        (2) that the non-compliance was disclosed in writing
14    within 30 days of the date on which the person discovered
15    it;
16        (3) that the non-compliance was discovered and
17    disclosed prior to:
18            (i) the commencement of an Agency inspection,
19        investigation, or request for information;
20            (ii) notice of a citizen suit;
21            (iii) the filing of a complaint by a citizen, the
22        Illinois Attorney General, or the State's Attorney of
23        the county in which the violation occurred;
24            (iv) the reporting of the non-compliance by an
25        employee of the person without that person's
26        knowledge; or

 

 

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1            (v) imminent discovery of the non-compliance by
2        the Agency;
3        (4) that the non-compliance is being corrected and any
4    environmental harm is being remediated in a timely fashion;
5        (5) that the person agrees to prevent a recurrence of
6    the non-compliance;
7        (6) that no related non-compliance events have
8    occurred in the past 3 years at the same facility or in the
9    past 5 years as part of a pattern at multiple facilities
10    owned or operated by the person;
11        (7) that the non-compliance did not result in serious
12    actual harm or present an imminent and substantial
13    endangerment to human health or the environment or violate
14    the specific terms of any judicial or administrative order
15    or consent agreement;
16        (8) that the person cooperates as reasonably requested
17    by the Agency after the disclosure; and
18        (9) that the non-compliance was identified voluntarily
19    and not through a monitoring, sampling, or auditing
20    procedure that is required by statute, rule, permit,
21    judicial or administrative order, or consent agreement.
22    If a person can establish all of the elements under this
23subsection except the element set forth in paragraph (1) of
24this subsection, the person is entitled to a 75% reduction in
25the portion of the penalty that is not based upon the economic
26benefit of non-compliance.

 

 

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1    For the purposes of this subsection (i), "small entity" has
2the same meaning as in Section 221 of the federal Small
3Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C.
4601).
5    (j) In addition to any other remedy or penalty that may
6apply, whether civil or criminal, any person who violates
7Section 22.52 of this Act shall be liable for an additional
8civil penalty of up to 3 times the gross amount of any
9pecuniary gain resulting from the violation.
10    (k) In addition to any other remedy or penalty that may
11apply, whether civil or criminal, any person who violates
12subdivision (a)(7.6) of Section 31 of this Act shall be liable
13for an additional civil penalty of $2,000.
14(Source: P.A. 99-934, eff. 1-27-17; 100-436, eff. 8-25-17;
15revised 1-22-18.)
 
16    (415 ILCS 5/44.1)
17    (Text of Section before amendment by P.A. 100-512)
18    Sec. 44.1. (a) In addition to all other civil and criminal
19penalties provided by law, any person convicted of a criminal
20violation of this Act or the regulations adopted thereunder
21shall forfeit to the State (1) an amount equal to the value of
22all profits earned, savings realized, and benefits incurred as
23a direct or indirect result of such violation, and (2) any
24vehicle or conveyance used in the perpetration of such
25violation, except as provided in subsection (b).

 

 

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1    (b) Forfeiture of conveyances shall be subject to the
2following exceptions:
3        (1) No conveyance used by any person as a common
4    carrier in the transaction of business as a common carrier
5    is subject to forfeiture under this Section unless it is
6    proven that the owner or other person in charge of the
7    conveyance consented to or was privy to the covered
8    violation.
9        (2) No conveyance is subject to forfeiture under this
10    Section by reason of any covered violation which the owner
11    proves to have been committed without his knowledge or
12    consent.
13        (3) A forfeiture of a conveyance encumbered by a bona
14    fide security interest is subject to the interest of the
15    secured party if he neither had knowledge of nor consented
16    to the covered violation.
17    (c) Except as provided in subsection (d), all property
18subject to forfeiture under this Section shall be seized
19pursuant to the order of a circuit court.
20    (d) Property subject to forfeiture under this Section may
21be seized by the Director or any peace officer without process:
22        (1) if the seizure is incident to an inspection under
23    an administrative inspection warrant, or incident to the
24    execution of a criminal search or arrest warrant;
25        (2) if the property subject to seizure has been the
26    subject of a prior judgment in favor of the State in a

 

 

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1    criminal proceeding, or in an injunction or forfeiture
2    proceeding based upon this Act; or
3        (3) if there is probable cause to believe that the
4    property is directly or indirectly dangerous to health or
5    safety.
6    (e) Property taken or detained under this Section shall not
7be subject to eviction or replevin, but is deemed to be in the
8custody of the Director subject only to the order and judgments
9of the circuit court having jurisdiction over the forfeiture
10proceedings. When property is seized under this Act, the
11Director may:
12        (1) place the property under seal;
13        (2) secure the property or remove the property to a
14    place designated by him; or
15        (3) require the sheriff of the county in which the
16    seizure occurs to take custody of the property and secure
17    or remove it to an appropriate location for disposition in
18    accordance with law.
19    (f) All amounts forfeited under item (1) of subsection (a)
20shall be apportioned in the following manner:
21        (1) 40% shall be deposited in the Hazardous Waste Fund
22    created in Section 22.2;
23        (2) 30% shall be paid to the office of the Attorney
24    General or the State's Attorney of the county in which the
25    violation occurred, whichever brought and prosecuted the
26    action; and

 

 

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1        (3) 30% shall be paid to the law enforcement agency
2    which investigated the violation.
3    Any funds received under this subsection (f) shall be used
4solely for the enforcement of the environmental protection laws
5of this State.
6    (g) When property is forfeited under this Section the court
7may order:
8        (1) that the property shall be made available for the
9    official use of the Agency, the Office of the Attorney
10    General, the State's Attorney of the county in which the
11    violation occurred, or the law enforcement agency which
12    investigated the violation, to be used solely for the
13    enforcement of the environmental protection laws of this
14    State;
15        (2) the sheriff of the county in which the forfeiture
16    occurs to take custody of the property and remove it for
17    disposition in accordance with law; or
18        (3) the sheriff of the county in which the forfeiture
19    occurs to sell that which is not required to be destroyed
20    by law and which is not harmful to the public. The proceeds
21    of such sale shall be used for payment of all proper
22    expenses of the proceedings for forfeiture and sale,
23    including expenses of seizure, maintenance of custody,
24    advertising and court costs, and the balance, if any, shall
25    be apportioned pursuant to subsection (f).
26(Source: P.A. 100-173, eff. 1-1-18.)
 

 

 

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1    (Text of Section after amendment by P.A. 100-512)
2    Sec. 44.1. (a) In addition to all other civil and criminal
3penalties provided by law, any person convicted of a criminal
4violation of this Act or the regulations adopted thereunder
5shall forfeit to the State (1) an amount equal to the value of
6all profits earned, savings realized, and benefits incurred as
7a direct or indirect result of such violation, and (2) any
8vehicle or conveyance used in the perpetration of such
9violation, except as provided in subsection (b).
10    (b) Forfeiture of conveyances shall be subject to the
11following exceptions:
12        (1) No conveyance used by any person as a common
13    carrier in the transaction of business as a common carrier
14    is subject to forfeiture under this Section unless it is
15    proven that the owner or other person in charge of the
16    conveyance consented to or was privy to the covered
17    violation.
18        (2) No conveyance is subject to forfeiture under this
19    Section by reason of any covered violation which the owner
20    proves to have been committed without his knowledge or
21    consent.
22        (3) A forfeiture of a conveyance encumbered by a bona
23    fide security interest is subject to the interest of the
24    secured party if he neither had knowledge of nor consented
25    to the covered violation.

 

 

HB5447 Enrolled- 1612 -LRB100 16294 AMC 31417 b

1    (c) Except as provided in subsection (d), all property
2subject to forfeiture under this Section shall be seized
3pursuant to the order of a circuit court.
4    (d) Property subject to forfeiture under this Section may
5be seized by the Director or any peace officer without process:
6        (1) if the seizure is incident to an inspection under
7    an administrative inspection warrant, or incident to the
8    execution of a criminal search or arrest warrant;
9        (2) if the property subject to seizure has been the
10    subject of a prior judgment in favor of the State in a
11    criminal proceeding, or in an injunction or forfeiture
12    proceeding based upon this Act; or
13        (3) if there is probable cause to believe that the
14    property is directly or indirectly dangerous to health or
15    safety.
16    (e) Property taken or detained under this Section shall not
17be subject to eviction or replevin, but is deemed to be in the
18custody of the Director subject only to the order and judgments
19of the circuit court having jurisdiction over the forfeiture
20proceedings. When property is seized under this Act, the
21Director may:
22        (1) place the property under seal;
23        (2) secure the property or remove the property to a
24    place designated by him; or
25        (3) require the sheriff of the county in which the
26    seizure occurs to take custody of the property and secure

 

 

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1    or remove it to an appropriate location for disposition in
2    accordance with law.
3    (f) All amounts forfeited under item (1) of subsection (a)
4shall be apportioned in the following manner:
5        (1) 40% shall be deposited in the Hazardous Waste Fund
6    created in Section 22.2;
7        (2) 30% shall be paid to the office of the Attorney
8    General or the State's Attorney of the county in which the
9    violation occurred, whichever brought and prosecuted the
10    action; and
11        (3) 30% shall be paid to the law enforcement agency
12    which investigated the violation.
13    Any funds received under this subsection (f) shall be used
14solely for the enforcement of the environmental protection laws
15of this State.
16    (g) When property is forfeited under this Section the court
17may order:
18        (1) that the property shall be made available for the
19    official use of the Agency, the Office of the Attorney
20    General, the State's Attorney of the county in which the
21    violation occurred, or the law enforcement agency which
22    investigated the violation, to be used solely for the
23    enforcement of the environmental protection laws of this
24    State;
25        (2) the sheriff of the county in which the forfeiture
26    occurs to take custody of the property and remove it for

 

 

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1    disposition in accordance with law; or
2        (3) the sheriff of the county in which the forfeiture
3    occurs to sell that which is not required to be destroyed
4    by law and which is not harmful to the public. The proceeds
5    of such sale shall be used for payment of all proper
6    expenses of the proceedings for forfeiture and sale,
7    including expenses of seizure, maintenance of custody,
8    advertising and court costs, and the balance, if any, shall
9    be apportioned pursuant to subsection (f).
10    (h) Property seized or forfeited under this Section is
11subject to reporting under the Seizure and Forfeiture Reporting
12Act.
13(Source: P.A. 100-173, eff. 1-1-18; 100-512, eff. 7-1-18;
14revised 10-2-17.)
 
15    (415 ILCS 5/55)  (from Ch. 111 1/2, par. 1055)
16    Sec. 55. Prohibited activities.
17    (a) No person shall:
18        (1) Cause or allow the open dumping of any used or
19    waste tire.
20        (2) Cause or allow the open burning of any used or
21    waste tire.
22        (3) Except at a tire storage site which contains more
23    than 50 used tires, cause or allow the storage of any used
24    tire unless the tire is altered, reprocessed, converted,
25    covered, or otherwise prevented from accumulating water.

 

 

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1        (4) Cause or allow the operation of a tire storage site
2    except in compliance with Board regulations.
3        (5) Abandon, dump or dispose of any used or waste tire
4    on private or public property, except in a sanitary
5    landfill approved by the Agency pursuant to regulations
6    adopted by the Board.
7        (6) Fail to submit required reports, tire removal
8    agreements, or Board regulations.
9    (b) (Blank.)
10    (b-1) No person shall knowingly mix any used or waste tire,
11either whole or cut, with municipal waste, and no owner or
12operator of a sanitary landfill shall accept any used or waste
13tire for final disposal; except that used or waste tires, when
14separated from other waste, may be accepted if the sanitary
15landfill provides and maintains a means for shredding,
16slitting, or chopping whole tires and so treats whole tires
17and, if approved by the Agency in a permit issued under this
18Act, uses the used or waste tires for alternative uses, which
19may include on-site practices such as lining of roadways with
20tire scraps, alternative daily cover, or use in a leachate
21collection system. In the event the physical condition of a
22used or waste tire makes shredding, slitting, chopping, reuse,
23reprocessing, or other alternative use of the used or waste
24tire impractical or infeasible, then the sanitary landfill,
25after authorization by the Agency, may accept the used or waste
26tire for disposal.

 

 

HB5447 Enrolled- 1616 -LRB100 16294 AMC 31417 b

1    (c) Any person who sells new or used tires at retail or
2operates a tire storage site or a tire disposal site which
3contains more than 50 used or waste tires shall give notice of
4such activity to the Agency. Any person engaging in such
5activity for the first time after January 1, 1990, shall give
6notice to the Agency within 30 days after the date of
7commencement of the activity. The form of such notice shall be
8specified by the Agency and shall be limited to information
9regarding the following:
10        (1) the name and address of the owner and operator;
11        (2) the name, address and location of the operation;
12        (3) the type of operations involving used and waste
13    tires (storage, disposal, conversion or processing); and
14        (4) the number of used and waste tires present at the
15    location.
16    (d) Beginning January 1, 1992, no person shall cause or
17allow the operation of:
18        (1) a tire storage site which contains more than 50
19    used tires, unless the owner or operator, by January 1,
20    1992 (or the January 1 following commencement of operation,
21    whichever is later) and January 1 of each year thereafter,
22    (i) registers the site with the Agency, except that the
23    registration requirement in this item (i) does not apply in
24    the case of a tire storage site required to be permitted
25    under subsection (d-5), (ii) certifies to the Agency that
26    the site complies with any applicable standards adopted by

 

 

HB5447 Enrolled- 1617 -LRB100 16294 AMC 31417 b

1    the Board pursuant to Section 55.2, (iii) reports to the
2    Agency the number of tires accumulated, the status of
3    vector controls, and the actions taken to handle and
4    process the tires, and (iv) pays the fee required under
5    subsection (b) of Section 55.6; or
6        (2) a tire disposal site, unless the owner or operator
7    (i) has received approval from the Agency after filing a
8    tire removal agreement pursuant to Section 55.4, or (ii)
9    has entered into a written agreement to participate in a
10    consensual removal action under Section 55.3.
11    The Agency shall provide written forms for the annual
12registration and certification required under this subsection
13(d).
14    (d-4) On or before January 1, 2015, the owner or operator
15of each tire storage site that contains used tires totaling
16more than 10,000 passenger tire equivalents, or at which more
17than 500 tons of used tires are processed in a calendar year,
18shall submit documentation demonstrating its compliance with
19Board rules adopted under this Title. This documentation must
20be submitted on forms and in a format prescribed by the Agency.
21    (d-5) Beginning July 1, 2016, no person shall cause or
22allow the operation of a tire storage site that contains used
23tires totaling more than 10,000 passenger tire equivalents, or
24at which more than 500 tons of used tires are processed in a
25calendar year, without a permit granted by the Agency or in
26violation of any conditions imposed by that permit, including

 

 

HB5447 Enrolled- 1618 -LRB100 16294 AMC 31417 b

1periodic reports and full access to adequate records and the
2inspection of facilities, as may be necessary to ensure
3compliance with this Act and with regulations and standards
4adopted under this Act.
5    (d-6) No person shall cause or allow the operation of a
6tire storage site in violation of the financial assurance rules
7established by the Board under subsection (b) of Section 55.2
8of this Act. In addition to the remedies otherwise provided
9under this Act, the State's Attorney of the county in which the
10violation occurred, or the Attorney General, may, at the
11request of the Agency or on his or her own motion, institute a
12civil action for an immediate injunction, prohibitory or
13mandatory, to restrain any violation of this subsection (d-6)
14or to require any other action as may be necessary to abate or
15mitigate any immediate danger or threat to public health or the
16environment at the site. Injunctions to restrain a violation of
17this subsection (d-6) may include, but are not limited to, the
18required removal of all tires for which financial assurance is
19not maintained and a prohibition against the acceptance of
20tires in excess of the amount for which financial assurance is
21maintained.
22    (e) No person shall cause or allow the storage, disposal,
23treatment or processing of any used or waste tire in violation
24of any regulation or standard adopted by the Board.
25    (f) No person shall arrange for the transportation of used
26or waste tires away from the site of generation with a person

 

 

HB5447 Enrolled- 1619 -LRB100 16294 AMC 31417 b

1known to openly dump such tires.
2    (g) No person shall engage in any operation as a used or
3waste tire transporter except in compliance with Board
4regulations.
5    (h) No person shall cause or allow the combustion of any
6used or waste tire in an enclosed device unless a permit has
7been issued by the Agency authorizing such combustion pursuant
8to regulations adopted by the Board for the control of air
9pollution and consistent with the provisions of Section 9.4 of
10this Act.
11    (i) No person shall cause or allow the use of pesticides to
12treat tires except as prescribed by Board regulations.
13    (j) No person shall fail to comply with the terms of a tire
14removal agreement approved by the Agency pursuant to Section
1555.4.
16    (k) No person shall:
17        (1) Cause or allow water to accumulate in used or waste
18    tires. The prohibition set forth in this paragraph (1) of
19    subsection (k) shall not apply to used or waste tires
20    located at a residential household, as long as not more
21    than 4 used or waste tires at the site are covered and kept
22    dry.
23        (2) Fail to collect a fee required under Section 55.8
24    of this Title.
25        (3) Fail to file a return required under Section 55.10
26    of this Title.

 

 

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1        (4) Transport used or waste tires in violation of the
2    registration and vehicle placarding requirements adopted
3    by the Board.
4(Source: P.A. 100-103, eff. 8-11-17; 100-327, eff. 8-24-17;
5revised 10-2-17.)
 
6    (415 ILCS 5/55.6)  (from Ch. 111 1/2, par. 1055.6)
7    Sec. 55.6. Used Tire Management Fund.
8    (a) There is hereby created in the State Treasury a special
9fund to be known as the Used Tire Management Fund. There shall
10be deposited into the Fund all monies received as (1) recovered
11costs or proceeds from the sale of used tires under Section
1255.3 of this Act, (2) repayment of loans from the Used Tire
13Management Fund, or (3) penalties or punitive damages for
14violations of this Title, except as provided by subdivision
15(b)(4) or (b)(4-5) of Section 42.
16    (b) Beginning January 1, 1992, in addition to any other
17fees required by law, the owner or operator of each site
18required to be registered or permitted under subsection (d) or
19(d-5) of Section 55 shall pay to the Agency an annual fee of
20$100. Fees collected under this subsection shall be deposited
21into the Environmental Protection Permit and Inspection Fund.
22    (c) Pursuant to appropriation, monies up to an amount of $4
23million per fiscal year from the Used Tire Management Fund
24shall be allocated as follows:
25        (1) 38% shall be available to the Agency for the

 

 

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1    following purposes, provided that priority shall be given
2    to item (i):
3            (i) To undertake preventive, corrective or removal
4        action as authorized by and in accordance with Section
5        55.3, and to recover costs in accordance with Section
6        55.3.
7            (ii) For the performance of inspection and
8        enforcement activities for used and waste tire sites.
9            (iii) (Blank).
10            (iv) To provide financial assistance to units of
11        local government for the performance of inspecting,
12        investigating and enforcement activities pursuant to
13        subsection (r) of Section 4 at used and waste tire
14        sites.
15            (v) To provide financial assistance for used and
16        waste tire collection projects sponsored by local
17        government or not-for-profit corporations.
18            (vi) For the costs of fee collection and
19        administration relating to used and waste tires, and to
20        accomplish such other purposes as are authorized by
21        this Act and regulations thereunder.
22            (vii) To provide financial assistance to units of
23        local government and private industry for the purposes
24        of:
25                (A) assisting in the establishment of
26            facilities and programs to collect, process, and

 

 

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1            utilize used and waste tires and tire-derived
2            materials;
3                (B) demonstrating the feasibility of
4            innovative technologies as a means of collecting,
5            storing, processing, and utilizing used and waste
6            tires and tire-derived materials; and
7                (C) applying demonstrated technologies as a
8            means of collecting, storing, processing, and
9            utilizing used and waste tires and tire-derived
10            materials.
11        (2) For fiscal years beginning prior to July 1, 2004,
12    23% shall be available to the Department of Commerce and
13    Economic Opportunity for the following purposes, provided
14    that priority shall be given to item (A):
15            (A) To provide grants or loans for the purposes of:
16                (i) assisting units of local government and
17            private industry in the establishment of
18            facilities and programs to collect, process and
19            utilize used and waste tires and tire derived
20            materials;
21                (ii) demonstrating the feasibility of
22            innovative technologies as a means of collecting,
23            storing, processing and utilizing used and waste
24            tires and tire derived materials; and
25                (iii) applying demonstrated technologies as a
26            means of collecting, storing, processing, and

 

 

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1            utilizing used and waste tires and tire derived
2            materials.
3            (B) To develop educational material for use by
4        officials and the public to better understand and
5        respond to the problems posed by used tires and
6        associated insects.
7            (C) (Blank).
8            (D) To perform such research as the Director deems
9        appropriate to help meet the purposes of this Act.
10            (E) To pay the costs of administration of its
11        activities authorized under this Act.
12        (2.1) For the fiscal year beginning July 1, 2004 and
13    for all fiscal years thereafter, 23% shall be deposited
14    into the General Revenue Fund.
15        (3) 25% shall be available to the Illinois Department
16    of Public Health for the following purposes:
17            (A) To investigate threats or potential threats to
18        the public health related to mosquitoes and other
19        vectors of disease associated with the improper
20        storage, handling and disposal of tires, improper
21        waste disposal, or natural conditions.
22            (B) To conduct surveillance and monitoring
23        activities for mosquitoes and other arthropod vectors
24        of disease, and surveillance of animals which provide a
25        reservoir for disease-producing organisms.
26            (C) To conduct training activities to promote

 

 

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1        vector control programs and integrated pest management
2        as defined in the Vector Control Act.
3            (D) To respond to inquiries, investigate
4        complaints, conduct evaluations and provide technical
5        consultation to help reduce or eliminate public health
6        hazards and nuisance conditions associated with
7        mosquitoes and other vectors.
8            (E) To provide financial assistance to units of
9        local government for training, investigation and
10        response to public nuisances associated with
11        mosquitoes and other vectors of disease.
12        (4) 2% shall be available to the Department of
13    Agriculture for its activities under the Illinois
14    Pesticide Act relating to used and waste tires.
15        (5) 2% shall be available to the Pollution Control
16    Board for administration of its activities relating to used
17    and waste tires.
18        (6) 10% shall be available to the University of
19    Illinois for the Prairie Research Institute to perform
20    research to study the biology, distribution, population
21    ecology, and biosystematics of tire-breeding arthropods,
22    especially mosquitoes, and the diseases they spread.
23    (d) By January 1, 1998, and biennially thereafter, each
24State agency receiving an appropriation from the Used Tire
25Management Fund shall report to the Governor and the General
26Assembly on its activities relating to the Fund.

 

 

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1    (e) Any monies appropriated from the Used Tire Management
2Fund, but not obligated, shall revert to the Fund.
3    (f) In administering the provisions of subdivisions (1),
4(2) and (3) of subsection (c) of this Section, the Agency, the
5Department of Commerce and Economic Opportunity, and the
6Illinois Department of Public Health shall ensure that
7appropriate funding assistance is provided to any municipality
8with a population over 1,000,000 or to any sanitary district
9which serves a population over 1,000,000.
10    (g) Pursuant to appropriation, monies in excess of $4
11million per fiscal year from the Used Tire Management Fund
12shall be used as follows:
13        (1) 55% shall be available to the Agency for the
14    following purposes, provided that priority shall be given
15    to subparagraph (A):
16            (A) To undertake preventive, corrective or renewed
17        action as authorized by and in accordance with Section
18        55.3 and to recover costs in accordance with Section
19        55.3.
20            (B) To provide financial assistance to units of
21        local government and private industry for the purposes
22        of:
23                (i) assisting in the establishment of
24            facilities and programs to collect, process, and
25            utilize used and waste tires and tire-derived
26            materials;

 

 

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1                (ii) demonstrating the feasibility of
2            innovative technologies as a means of collecting,
3            storing, processing, and utilizing used and waste
4            tires and tire-derived materials; and
5                (iii) applying demonstrated technologies as a
6            means of collecting, storing, processing, and
7            utilizing used and waste tires and tire-derived
8            materials.
9            (C) To provide grants to public universities for
10        vector-related research, disease-related research, and
11        for related laboratory-based equipment and field-based
12        equipment.
13        (2) For fiscal years beginning prior to July 1, 2004,
14    45% shall be available to the Department of Commerce and
15    Economic Opportunity to provide grants or loans for the
16    purposes of:
17            (i) assisting units of local government and
18        private industry in the establishment of facilities
19        and programs to collect, process and utilize waste
20        tires and tire derived material;
21            (ii) demonstrating the feasibility of innovative
22        technologies as a means of collecting, storing,
23        processing, and utilizing used and waste tires and tire
24        derived materials; and
25            (iii) applying demonstrated technologies as a
26        means of collecting, storing, processing, and

 

 

HB5447 Enrolled- 1627 -LRB100 16294 AMC 31417 b

1        utilizing used and waste tires and tire derived
2        materials.
3        (3) For the fiscal year beginning July 1, 2004 and for
4    all fiscal years thereafter, 45% shall be deposited into
5    the General Revenue Fund.
6(Source: P.A. 100-103, eff. 8-11-17; 100-327, eff. 8-24-17;
7revised 10-2-17.)
 
8    Section 510. The Solid Waste Planning and Recycling Act is
9amended by changing Section 11 as follows:
 
10    (415 ILCS 15/11)  (from Ch. 85, par. 5961)
11    Sec. 11. (a) It shall be a violation of this Act for any
12person:
13        (1) To cause or assist in the violation of Section 9 or
14    10 of this Act or any regulation promulgated hereunder.
15        (2) To fail to adhere to the schedule set forth in, or
16    pursuant to, this Act for adopting and reviewing a waste
17    management plan.
18        (3) To fail to implement the recycling component of an
19    adopted waste management plan.
20(Source: P.A. 85-1198; revised 11-8-17.)
 
21    Section 515. The Spent Nuclear Fuel Act is amended by
22changing Section 4 as follows:
 

 

 

HB5447 Enrolled- 1628 -LRB100 16294 AMC 31417 b

1    (420 ILCS 15/4)  (from Ch. 111 1/2, par. 230.24)
2    Sec. 4. The State's States Attorney in a county where a
3violation occurs or Attorney General may institute a civil
4action for immediate injunction to halt any activity which is
5in violation of this Act.
6(Source: P.A. 81-1516, Art. II; revised 10-21-15.)
 
7    Section 520. The Smoke Detector Act is amended by changing
8Section 4 as follows:
 
9    (425 ILCS 60/4)  (from Ch. 127 1/2, par. 804)
10    (Text of Section before amendment by P.A. 100-200)
11    Sec. 4. (a) Willful failure to install or maintain in
12operating condition any smoke detector required by this Act
13shall be a Class B misdemeanor.
14    (b) Tampering with, removing, destroying, disconnecting or
15removing the batteries from any installed smoke detector,
16except in the course of inspection, maintenance or replacement
17of the detector, shall be a Class A misdemeanor in the case of
18a first conviction, and a Class 4 felony in the case of a
19second or subsequent conviction.
20(Source: P.A. 85-143.)
 
21    (Text of Section after amendment by P.A. 100-200)
22    Sec. 4. (a) Except as provided in subsection (c), willful
23failure to install or maintain in operating condition any smoke

 

 

HB5447 Enrolled- 1629 -LRB100 16294 AMC 31417 b

1detector required by this Act shall be a Class B misdemeanor.
2    (b) Except as provided in subsection (c), tampering with,
3removing, destroying, disconnecting or removing the batteries
4from any installed smoke detector, except in the course of
5inspection, maintenance or replacement of the detector, shall
6be a Class A misdemeanor in the case of a first conviction, and
7a Class 4 felony in the case of a second or subsequent
8conviction.
9    (c) A party in violation of the battery requirements of
10subsection (e) of Section 3 of this Act shall be provided with
1190 days' day's warning with which to rectify that violation. If
12that party fails to rectify the violation within that 90-day 90
13day period, he or she may be assessed a fine of up to $100, and
14may be fined $100 every 30 days thereafter until either the
15violation is rectified or the cumulative amount of fines
16assessed reaches $1,500. The provisions of subsection (a) and
17(b) of this Section shall apply only after the penalty provided
18under this subsection (c) has been exhausted to the extent that
19a violating party has reached the $1,500 cumulative fine
20threshold and has failed to rectify the violation.
21    If the alleged violation has been corrected prior to or on
22the date of the hearing scheduled to adjudicate the alleged
23violation, then the violation shall be dismissed.
24(Source: P.A. 100-200, eff. 1-1-23; revised 10-2-17.)
 
25    Section 525. The Wildlife Code is amended by changing

 

 

HB5447 Enrolled- 1630 -LRB100 16294 AMC 31417 b

1Sections 2.35 and 3.19 as follows:
 
2    (520 ILCS 5/2.35)  (from Ch. 61, par. 2.35)
3    Sec. 2.35. Wild game birds or fur-bearing mammals.
4    (a) Migratory game birds, or any part or parts thereof, may
5be possessed only in accordance with the regulations of the
6federal government Federal Government.
7    (b) Except as provided in Sections 3.21, 3.23, 3.27, 3.28,
8and 3.30, it is unlawful to possess wild game birds or wild
9game mammals or any parts thereof in excess of the legally
10established daily limit or possession limit, whichever
11applies.
12    (c) Except as provided in this Code, it is unlawful to have
13in possession the green hides of fur-bearing mammals without a
14valid hunting or trapping license.
15    (d) Failure to establish proof of the legality of the
16possession in another state or country and of importation into
17this State, shall be prima facie evidence that migratory game
18birds and game birds or any parts thereof, and fur-bearing
19mammals or any parts thereof, were taken within this State.
20    (e) For all those species to which a daily or possession
21limit shall apply, each hunter shall maintain his bag of such
22species separately and distinctly from those of all other
23hunters.
24    (f) No person shall receive or have in custody any
25protected species belonging to another person, except in the

 

 

HB5447 Enrolled- 1631 -LRB100 16294 AMC 31417 b

1personal abodes of the donor or recipient, unless such
2protected species are tagged in accordance with Section 2.30b
3of this Code or tagged with the hunter's or trapper's name,
4address, total number of species, and the date such species
5were taken.
6(Source: P.A. 100-123, eff. 1-1-18; revised 10-5-17.)
 
7    (520 ILCS 5/3.19)  (from Ch. 61, par. 3.19)
8    Sec. 3.19. Permit requirements. Each resident fur buyer,
9nonresident fur buyer, non-resident auction participant,
10fur-bearing fur bearing mammal breeder, or fur tanner shall
11have his or her permit in his or her possession when receiving,
12collecting, buying, selling, or offering for sale the green
13hides of fur-bearing mammals or accepting the same for
14dressing, dyeing, or tanning and shall immediately produce the
15same when requested to do so by an officer or authorized
16employees of the Department, any sheriff, deputy sheriff or any
17other peace officer. Persons conducting organized and
18established auction sales or the green hides of fur-bearing
19mammals, protected by this Act, shall be exempt from the
20provisions of this Section.
21(Source: P.A. 100-123, eff. 1-1-18; revised 10-5-17.)
 
22    Section 530. The Illinois Highway Code is amended by
23changing Sections 3-105 and 6-130 as follows:
 

 

 

HB5447 Enrolled- 1632 -LRB100 16294 AMC 31417 b

1    (605 ILCS 5/3-105)  (from Ch. 121, par. 3-105)
2    Sec. 3-105. Except as otherwise provided in the Treasurer
3as Custodian of Funds Act, all money received by the State of
4Illinois from the federal government for aid in construction of
5highways shall be placed in the Road Fund "Road Fund" in the
6State treasury Treasury. For the purposes of this Section,
7money received by the State of Illinois from the federal
8government under the Recreational Trails Program for grants or
9contracts obligated on or after October 1, 2017 shall not be
10considered for use as aid in construction of highways, and
11shall be placed in the Park and Conservation Fund "Park and
12Conservation Fund" in the State treasury.
13    Whenever any county having a population of 500,000 or more
14inhabitants has incurred indebtedness and issued Expressway
15bonds as authorized by Division 5-34 of the Counties Code and
16has used the proceeds of such bonds for the construction of
17Expressways in accordance with the provisions of Section 15d of
18"An Act to revise the law in relation to roads and bridges",
19approved June 27, 1913, as amended (repealed) or of Section
205-403 of this Code in order to accelerate the improvement of
21the National System of Interstate Highways, the federal aid
22primary highway network or the federal aid highway network in
23urban areas, the State shall appropriate and allot, from the
24allotments of federal funds made available by Acts of Congress
25under the Federal Aid Road Act and as appropriated and made
26available to the State of Illinois, to such county or counties

 

 

HB5447 Enrolled- 1633 -LRB100 16294 AMC 31417 b

1a sum sufficient to retire the bonded indebtedness due annually
2arising from the issuance of those Expressway bonds issued for
3the purpose of constructing Expressways in the county or
4counties. Such funds shall be deposited in the Treasury of such
5county or counties for the purpose of applying such funds to
6the payment of the Expressway bonds, principal and interest due
7annually, issued pursuant to Division 5-34 of the Counties
8Code.
9(Source: P.A. 100-127, eff. 1-1-18; revised 10-12-17.)
 
10    (605 ILCS 5/6-130)  (from Ch. 121, par. 6-130)
11    Sec. 6-130. Road district abolishment. Notwithstanding any
12other provision of this Code to the contrary, no township road
13district may continue in existence if the roads forming a part
14of the district do not exceed a total of 4 centerline miles in
15length as determined by the county engineer or county
16superintendent of highways. On the first Tuesday in April of
171975, or of any subsequent year next succeeding the reduction
18of a township road system to a total mileage of 4 centerline
19miles or less, each such township road district shall, by
20operation of law, be abolished. The roads comprising that
21district at that time shall thereafter be administered by the
22township board of trustees by contracting with the county, a
23municipality or a private contractor. The township board of
24trustees shall assume all taxing authority of a township road
25district abolished under this Section.

 

 

HB5447 Enrolled- 1634 -LRB100 16294 AMC 31417 b

1(Source: P.A. 100-106, eff. 1-1-18; 100-107, eff. 1-1-18;
2revised 10-12-17.)
 
3    Section 535. The Illinois Aeronautics Act is amended by
4changing Sections 1 and 47 as follows:
 
5    (620 ILCS 5/1)  (from Ch. 15 1/2, par. 22.1)
6    Sec. 1. Definitions.) For the purposes of this Act, the
7words, terms, and phrases set forth in Sections 2 to 23b,
8inclusive, shall have the meanings prescribed in such Sections
9sections unless otherwise specifically defined, or unless
10another intention clearly appears, or the context otherwise
11requires.
12(Source: P.A. 79-1010; revised 10-12-17.)
 
13    (620 ILCS 5/47)  (from Ch. 15 1/2, par. 22.47)
14    Sec. 47. Operation without certificate of approval
15unlawful; applications.) An application for a certificate of
16approval of an airport or restricted landing area, or the
17alteration or extension thereof, shall set forth, among other
18things, the location of all railways, mains, pipes, conduits,
19wires, cables, poles and other facilities and structures of
20public service corporations or municipal or quasi-municipal
21corporations, located within the area proposed to be acquired
22or restricted, and the names of persons owning the same, to the
23extent that such information can be reasonably ascertained by

 

 

HB5447 Enrolled- 1635 -LRB100 16294 AMC 31417 b

1the applicant.
2    It shall be unlawful for any municipality or other
3political subdivision, or officer or employee thereof, or for
4any person, to make any alteration or extension of an existing
5airport or restricted landing area, or to use or operate any
6airport or restricted landing area, for which a certificate of
7approval has not been issued by the Department; provided, that
8no certificate of approval shall be required for an airport or
9restricted landing area which was in existence and approved by
10the Illinois Aeronautics Commission, whether or not being
11operated, on or before July 1, 1945, or for the O'Hare
12Modernization Program as defined in Section 10 of the O'Hare
13Modernization Act; except that a certificate of approval shall
14be required under this Section for construction of a new runway
15at O'Hare International Airport with a geographical
16orientation that varies from a geographical east-west
17orientation by more than 10 degrees, or for construction of a
18new runway at that airport that would result in more than 10
19runways being available for aircraft operations at that
20airport. The Department shall supervise, monitor, and enforce
21compliance with the O'Hare Modernization Act by all other
22departments, agencies, and units of State and local government.
23    Provisions of this Section do not apply to special purpose
24aircraft designated as such by the Department when operating to
25or from uncertificated areas other than their principal base of
26operations, provided mutually acceptable arrangements are made

 

 

HB5447 Enrolled- 1636 -LRB100 16294 AMC 31417 b

1with the property owner, and provided the owner or operator of
2the aircraft assumes liabilities which may arise out of such
3operations.
4(Source: P.A. 99-202, eff. 1-1-16; revised 10-12-17.)
 
5    Section 540. The Permanent Noise Monitoring Act is amended
6by changing Section 10 as follows:
 
7    (620 ILCS 35/10)  (from Ch. 15 1/2, par. 760)
8    Sec. 10. Establishment of permanent noise monitoring
9systems.
10    (a) No later than December 31, 2008, each airport shall
11have an operable permanent noise monitoring system. The system
12shall be operated by the airport sponsor. The airport sponsor
13shall be responsible for the construction or the design and
14construction of any system not constructed or designed and
15constructed as of July 13, 2009 (the effective date of Public
16Act 96-37) this amendatory Act of the 96th General Assembly.
17The cost of the systems and of the permanent noise monitoring
18reports under Section 15 of this Act shall be borne by the
19airport sponsor.
20    (b) On or before June 30, 2018, each airport shall upgrade
21its permanent noise monitoring system to be capable of
22producing the data necessary to meet the requirements of this
23Act enacted in Public Act 99-202. On June 30, 2018 and
24thereafter, an airport's permanent noise monitoring report and

 

 

HB5447 Enrolled- 1637 -LRB100 16294 AMC 31417 b

1noise contour maps shall be produced using the criteria in this
2Act enacted in Public Act 99-202.
3(Source: P.A. 100-165, eff. 8-18-17; revised 10-12-17.)
 
4    Section 545. The Illinois Vehicle Code is amended by
5changing Sections 1-118, 1-205.1, 1-205.2, 3-414, 3-611,
63-699.14, 3-802, 3-809, 3-810, 3-810.1, 4-203, 4-216, 5-104,
75-104.3, 5-503, 6-103, 6-115, 7-216, 7-604, 11-208, 12-503,
812-601, 12-606, 12-806, 12-825, 15-301, and 15-308.2 as
9follows:
 
10    (625 ILCS 5/1-118)  (from Ch. 95 1/2, par. 1-118)
11    Sec. 1-118. Essential parts. All integral and body parts of
12a vehicle of a type required to be registered hereunder, the
13removal, alteration or substitution of which would tend to
14conceal the identity of the vehicle or substantially alter its
15appearance, model, type or mode of operation. "Essential parts"
16includes the following: vehicle hulks, shells, chassis,
17frames, front end assemblies (which may consist of headlight,
18grill, fenders and hood), front clip (front end assembly with
19cowl attached), rear clip (which may consist of quarter panels,
20fenders, floor and top), doors, hatchbacks, fenders, cabs, cab
21clips, cowls, hoods, trunk lids, deck lids, bed, front bumper,
22rear bumper, transmissions, seats, engines, and similar parts.
23"Essential parts" Essential parts also includes fairings, fuel
24tanks, and forks of motorcycles. "Essential parts" Essential

 

 

HB5447 Enrolled- 1638 -LRB100 16294 AMC 31417 b

1parts shall also include stereo radios.
2    An essential part which does not have affixed to it an
3identification number as defined in Section 1-129 adopts the
4identification number of the vehicle to which such part is
5affixed, installed or mounted.
6    "Essential parts" An "essential part" does not include an
7engine, transmission, or a rear axle that is used in a glider
8kit.
9(Source: P.A. 99-748, eff. 8-5-16; 100-409, eff. 8-25-17;
10revised 10-12-17.)
 
11    (625 ILCS 5/1-205.1)  (from Ch. 95 1/2, par. 1-205.1)
12    Sec. 1-205.1. Tow truck Tow-Truck. Every truck designed or
13altered and equipped for and used to push, tow, carry upon, or
14draw vehicles by means of a crane, hoist, towbar, towline or
15auxiliary axle, or carried upon to render assistance to
16disabled vehicles, except for any truck tractor temporarily
17converted to a tow truck by means of a portable wrecker unit
18attached to the fifth wheel of the truck tractor and used only
19by the owner to tow a disabled vehicle also owned by him or her
20and never used for hire.
21(Source: P.A. 89-245, eff. 1-1-96; 90-89, eff. 1-1-98; revised
2210-12-17.)
 
23    (625 ILCS 5/1-205.2)  (from Ch. 95 1/2, par. 1-205.2)
24    Sec. 1-205.2. Tower. A person who owns or operates a tow

 

 

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1truck tow-truck or a wrecker.
2(Source: P.A. 83-1473; revised 10-12-17.)
 
3    (625 ILCS 5/3-414)  (from Ch. 95 1/2, par. 3-414)
4    Sec. 3-414. Expiration of registration.
5    (a) Every vehicle registration under this Chapter and every
6registration card and registration plate or registration
7sticker issued hereunder to a vehicle shall be for the periods
8specified in this Chapter and shall expire at midnight on the
9day and date specified in this Section as follows:
10        1. When registered on a calendar year basis commencing
11    January 1, expiration shall be on the 31st day of December
12    or at such other date as may be selected in the discretion
13    of the Secretary of State; however, through December 31,
14    2004, registrations of apportionable vehicles,
15    motorcycles, motor driven cycles and pedalcycles shall
16    commence on the first day of April and shall expire March
17    31st of the following calendar year;
18        1.1. Beginning January 1, 2005, registrations of
19    motorcycles and motor driven cycles shall commence on
20    January 1 and shall expire on December 31 or on another
21    date that may be selected by the Secretary; registrations
22    of apportionable vehicles and pedalcycles, however, shall
23    commence on the first day of April and shall expire March
24    31 of the following calendar year;
25        2. When registered on a 2 calendar year basis

 

 

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1    commencing January 1 of an even-numbered year, expiration
2    shall be on the 31st day of December of the ensuing
3    odd-numbered year, or at such other later date as may be
4    selected in the discretion of the Secretary of State not
5    beyond March 1 next;
6        3. When registered on a fiscal year basis commencing
7    July 1, expiration shall be on the 30th day of June or at
8    such other later date as may be selected in the discretion
9    of the Secretary of State not beyond September 1 next;
10        4. When registered on a 2 fiscal year basis commencing
11    July 1 of an even-numbered year, expiration shall be on the
12    30th day of June of the ensuing even-numbered year, or at
13    such other later date as may be selected in the discretion
14    of the Secretary of State not beyond September 1 next;
15        5. When registered on a 4 fiscal year basis commencing
16    July 1 of an even-numbered year, expiration shall be on the
17    30th day of June of the second ensuing even-numbered year,
18    or at such other later date as may be selected in the
19    discretion of the Secretary of State not beyond September 1
20    next.
21    (a-5) The Secretary may, in his or her discretion, require
22an owner of a motor vehicle of the first division or a motor
23vehicle of the second division weighing not more than 8,000
24pounds to select the owner's birthday as the date of
25registration expiration under this Section. If the motor
26vehicle has more than one registered owner, the owners may

 

 

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1select one registered owner's birthday as the date of
2registration expiration. The Secretary may adopt any rules
3necessary to implement this subsection.
4    (b) Vehicle registrations of vehicles of the first division
5shall be for a calendar year, 2 calendar year, 3 calendar year,
6or 5 calendar year basis as provided for in this Chapter.
7    Vehicle registrations of vehicles under Sections 3-807,
83-808 and 3-809 shall be on an indefinite term basis or a 2
9calendar year basis as provided for in this Chapter.
10    Vehicle registrations for vehicles of the second division
11shall be for a fiscal year, 2 fiscal year or calendar year
12basis as provided for in this Chapter.
13    Motor vehicles registered under the provisions of Section
143-402.1 shall be issued multi-year registration plates with a
15new registration card issued annually upon payment of the
16appropriate fees. Motor vehicles registered under the
17provisions of Section 3-405.3 shall be issued multi-year
18registration plates with a new multi-year registration card
19issued pursuant to subsections (j), (k), and (l) of this
20Section upon payment of the appropriate fees. Apportionable
21trailers and apportionable semitrailers registered under the
22provisions of Section 3-402.1 shall be issued multi-year
23registration plates and cards that will be subject to
24revocation for failure to pay annual fees required by Section
253-814.1. The Secretary shall determine when these vehicles
26shall be issued new registration plates.

 

 

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1    (c) Every vehicle registration specified in Section 3-810
2and every registration card and registration plate or
3registration sticker issued thereunder shall expire on the 31st
4day of December of each year or at such other date as may be
5selected in the discretion of the Secretary of State.
6    (d) Every vehicle registration for a vehicle of the second
7division weighing over 8,000 pounds, except as provided in
8subsection paragraph (g) of this Section, and every
9registration card and registration plate or registration
10sticker, where applicable, issued hereunder to such vehicles
11shall be issued for a fiscal year commencing on July 1st of
12each registration year. However, the Secretary of State may,
13pursuant to an agreement or arrangement or declaration
14providing for apportionment of a fleet of vehicles with other
15jurisdictions, provide for registration of such vehicles under
16apportionment or for all of the vehicles registered in Illinois
17by an applicant who registers some of his vehicles under
18apportionment on a calendar year basis instead, and the fees or
19taxes to be paid on a calendar year basis shall be identical to
20those specified in this Code Act for a fiscal year
21registration. Provision for installment payment may also be
22made.
23    (e) Semitrailer registrations under apportionment may be
24on a calendar year under a reciprocal agreement or arrangement
25and all other semitrailer registrations shall be on fiscal year
26or 2 fiscal year or 4 fiscal year basis as provided for in this

 

 

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1Chapter.
2    (f) The Secretary of State may convert annual registration
3plates or 2-year registration plates, whether registered on a
4calendar year or fiscal year basis, to multi-year plates. The
5determination of which plate categories and when to convert to
6multi-year plates is solely within the discretion of the
7Secretary of State.
8    (g) After January 1, 1975, each registration, registration
9card and registration plate or registration sticker, where
10applicable, issued for a recreational vehicle or recreational
11or camping trailer, except a house trailer, used exclusively by
12the owner for recreational purposes, and not used commercially
13nor as a truck or bus, nor for hire, shall be on a calendar year
14basis; except that the Secretary of State shall provide for
15registration and the issuance of registration cards and plates
16or registration stickers, where applicable, for one 6-month
17period in order to accomplish an orderly transition from a
18fiscal year to a calendar year basis. Fees and taxes due under
19this Code Act for a registration year shall be appropriately
20reduced for such 6-month transitional registration period.
21    (h) The Secretary of State may, in order to accomplish an
22orderly transition for vehicles registered under Section
233-402.1 of this Code from a calendar year registration to a
24March 31st expiration, require applicants to pay fees and taxes
25due under this Code on a 15 month registration basis. However,
26if in the discretion of the Secretary of State this creates an

 

 

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1undue hardship on any applicant the Secretary may allow the
2applicant to pay 3 month fees and taxes at the time of
3registration and the additional 12 month fees and taxes to be
4payable no later than March 31, 1992.
5    (i) The Secretary of State may stagger registrations, or
6change the annual expiration date, as necessary for the
7convenience of the public and the efficiency of his Office. In
8order to appropriately and effectively accomplish any such
9staggering, the Secretary of State is authorized to prorate all
10required registration fees, rounded to the nearest dollar, but
11in no event for a period longer than 18 months, at a monthly
12rate for a 12-month 12 month registration fee.
13    (j) The Secretary of State may enter into an agreement with
14a rental owner, as defined in Section 3-400 of this Code, who
15registers a fleet of motor vehicles of the first division
16pursuant to Section 3-405.3 of this Code to provide for the
17registration of the rental owner's vehicles on a 2 or 3
18calendar year basis and the issuance of multi-year registration
19plates with a new registration card issued up to every 3 years.
20    (k) The Secretary of State may provide multi-year
21registration cards for any registered fleet of motor vehicles
22of the first or second division that are registered pursuant to
23Section 3-405.3 of this Code. Each motor vehicle of the
24registered fleet must carry a an unique multi-year registration
25card that displays the vehicle identification number of the
26registered motor vehicle. The Secretary of State shall

 

 

HB5447 Enrolled- 1645 -LRB100 16294 AMC 31417 b

1promulgate rules in order to implement multi-year
2registrations.
3    (l) Beginning with the 2018 registration year, the
4Secretary of State may enter into an agreement with a rental
5owner, as defined in Section 3-400 of this Code, who registers
6a fleet of motor vehicles of the first division under Section
73-405.3 of this Code to provide for the registration of the
8rental owner's vehicle on a 5 calendar year basis. Motor
9vehicles registered on a 5 calendar year basis shall be issued
10a distinct registration plate that expires on a 5-year cycle.
11The Secretary may prorate the registration of these
12registration plates to the length of time remaining in the
135-year cycle. The Secretary may adopt any rules necessary to
14implement this subsection.
15(Source: P.A. 99-80, eff. 1-1-16; 99-644, eff. 1-1-17; 100-201,
16eff. 8-18-17; revised 10-12-17.)
 
17    (625 ILCS 5/3-611)  (from Ch. 95 1/2, par. 3-611)
18    Sec. 3-611. Special designations. The Secretary of State,
19in his discretion, may make special designations of certain
20designs or combinations of designs, or alphabetical letters or
21combination of letters, or colors or combination of colors
22pertaining to registration plates issued to vehicles owned by
23governmental agencies, vehicles owned and registered by State
24and federal elected officials, retired Illinois Supreme Court
25justices, and appointed federal cabinet officials, vehicles

 

 

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1operated by taxi or livery businesses, operated in connection
2with mileage weight registrations, or operated by a dealer,
3transporter, or manufacturer as the Secretary of State may deem
4necessary for the proper administration of this Code Act. In
5the case of registration plates issued for vehicles operated by
6or for persons with disabilities, as defined by Section
71-159.1, under Section 3-616 of this Code Act, the Secretary of
8State, upon request, shall make such special designations so
9that automobiles bearing such plates are easily recognizable
10through thru use of the international accessibility symbol as
11automobiles driven by or for such persons. In the case of
12registration plates issued for vehicles operated by a person
13with a disability with a type four hearing disability, as
14defined pursuant to Section 4A of the The Illinois
15Identification Card Act, the Secretary of State, upon request,
16shall make such special designations so that a motor vehicle
17bearing such plate is easily recognizable by a special symbol
18indicating that such vehicle is driven by a person with a
19hearing disability. Registration plates issued to a person who
20is deaf or hard of hearing under this Section shall not entitle
21a motor vehicle bearing such plates to those parking privileges
22established for persons with disabilities under this Code. In
23the case of registration plates issued for State-owned State
24owned vehicles, they shall be manufactured in compliance with
25Section 2 of the State Vehicle Identification Act "An Act
26relating to identification and use of motor vehicles of the

 

 

HB5447 Enrolled- 1647 -LRB100 16294 AMC 31417 b

1State, approved August 9, 1951, as amended". In the case of
2plates issued for State officials, such plates may be issued
3for a 2-year 2 year period beginning January 1st of each
4odd-numbered year and ending December 31st of the subsequent
5even-numbered year.
6(Source: P.A. 99-143, eff. 7-27-15; revised 10-12-17.)
 
7    (625 ILCS 5/3-699.14)
8    Sec. 3-699.14. Universal special license plates.
9    (a) In addition to any other special license plate, the
10Secretary, upon receipt of all applicable fees and applications
11made in the form prescribed by the Secretary, may issue
12Universal special license plates to residents of Illinois on
13behalf of organizations that have been authorized by the
14General Assembly to issue decals for Universal special license
15plates. Appropriate documentation, as determined by the
16Secretary, shall accompany each application. Authorized
17organizations shall be designated by amendment to this Section.
18When applying for a Universal special license plate the
19applicant shall inform the Secretary of the name of the
20authorized organization from which the applicant will obtain a
21decal to place on the plate. The Secretary shall make a record
22of that organization and that organization shall remain
23affiliated with that plate until the plate is surrendered,
24revoked, or otherwise cancelled. The authorized organization
25may charge a fee to offset the cost of producing and

 

 

HB5447 Enrolled- 1648 -LRB100 16294 AMC 31417 b

1distributing the decal, but that fee shall be retained by the
2authorized organization and shall be separate and distinct from
3any registration fees charged by the Secretary. No decal,
4sticker, or other material may be affixed to a Universal
5special license plate other than a decal authorized by the
6General Assembly in this Section or a registration renewal
7sticker. The special plates issued under this Section shall be
8affixed only to passenger vehicles of the first division,
9including motorcycles and autocycles, or motor vehicles of the
10second division weighing not more than 8,000 pounds. Plates
11issued under this Section shall expire according to the
12multi-year procedure under Section 3-414.1 of this Code.
13    (b) The design, color, and format of the Universal special
14license plate shall be wholly within the discretion of the
15Secretary. Universal special license plates are not required to
16designate "Land of Lincoln", as prescribed in subsection (b) of
17Section 3-412 of this Code. The design shall allow for the
18application of a decal to the plate. Organizations authorized
19by the General Assembly to issue decals for Universal special
20license plates shall comply with rules adopted by the Secretary
21governing the requirements for and approval of Universal
22special license plate decals. The Secretary may, in his or her
23discretion, allow Universal special license plates to be issued
24as vanity or personalized plates in accordance with Section
253-405.1 of this Code. The Secretary of State must make a
26version of the special registration plates authorized under

 

 

HB5447 Enrolled- 1649 -LRB100 16294 AMC 31417 b

1this Section in a form appropriate for motorcycles and
2autocycles.
3    (c) When authorizing a Universal special license plate, the
4General Assembly shall set forth whether an additional fee is
5to be charged for the plate and, if a fee is to be charged, the
6amount of the fee and how the fee is to be distributed. When
7necessary, the authorizing language shall create a special fund
8in the State treasury into which fees may be deposited for an
9authorized Universal special license plate. Additional fees
10may only be charged if the fee is to be paid over to a State
11agency or to a charitable entity that is in compliance with the
12registration and reporting requirements of the Charitable
13Trust Act and the Solicitation for Charity Act. Any charitable
14entity receiving fees for the sale of Universal special license
15plates shall annually provide the Secretary of State a letter
16of compliance issued by the Attorney General verifying that the
17entity is in compliance with the Charitable Trust Act and the
18Solicitation for Charity Act.
19    (d) Upon original issuance and for each registration
20renewal period, in addition to the appropriate registration
21fee, if applicable, the Secretary shall collect any additional
22fees, if required, for issuance of Universal special license
23plates. The fees shall be collected on behalf of the
24organization designated by the applicant when applying for the
25plate. All fees collected shall be transferred to the State
26agency on whose behalf the fees were collected, or paid into

 

 

HB5447 Enrolled- 1650 -LRB100 16294 AMC 31417 b

1the special fund designated in the law authorizing the
2organization to issue decals for Universal special license
3plates. All money in the designated fund shall be distributed
4by the Secretary subject to appropriation by the General
5Assembly.
6    (e) The following organizations may issue decals for
7Universal special license plates with the original and renewal
8fees and fee distribution as follows:
9        (1) The Illinois Department of Natural Resources.
10            (A) Original issuance: $25; with $10 to the
11        Roadside Monarch Habitat Fund and $15 to the Secretary
12        of State Special License Plate Fund.
13            (B) Renewal: $25; with $23 to the Roadside Monarch
14        Habitat Fund and $2 to the Secretary of State Special
15        License Plate Fund.
16        (2) Illinois Veterans' Homes.
17            (A) Original issuance: $26, which shall be
18        deposited into the Illinois Veterans' Homes Fund.
19            (B) Renewal: $26, which shall be deposited into the
20        Illinois Veterans' Homes Fund.
21        (3) The Illinois Department of Human Services for
22    volunteerism decals.
23            (A) Original issuance: $25, which shall be
24        deposited into the Secretary of State Special License
25        Plate Fund.
26            (B) Renewal: $25, which shall be deposited into the

 

 

HB5447 Enrolled- 1651 -LRB100 16294 AMC 31417 b

1        Secretary of State Special License Plate Fund.
2        (4) (3) The Illinois Department of Public Health.
3            (A) Original issuance: $25; with $10 to the
4        Prostate Cancer Awareness Fund and $15 to the Secretary
5        of State Special License Plate Fund.
6            (B) Renewal: $25; with $23 to the Prostate Cancer
7        Awareness Fund and $2 to the Secretary of State Special
8        License Plate Fund.
9        (5) (3) Horsemen's Council of Illinois.
10            (A) Original issuance: $25; with $10 to the
11        Horsemen's Council of Illinois Fund and $15 to the
12        Secretary of State Special License Plate Fund.
13            (B) Renewal: $25; with $23 to the Horsemen's
14        Council of Illinois Fund and $2 to the Secretary of
15        State Special License Plate Fund.
16    (f) The following funds are created as special funds in the
17State treasury:
18        (1) The Roadside Monarch Habitat Fund. All moneys to be
19    paid as grants to the Illinois Department of Natural
20    Resources to fund roadside monarch and other pollinator
21    habitat development, enhancement, and restoration projects
22    in this State.
23        (2) The Prostate Cancer Awareness Fund. All moneys to
24    be paid as grants to the Prostate Cancer Foundation of
25    Chicago.
26        (3) (2) The Horsemen's Council of Illinois Fund. All

 

 

HB5447 Enrolled- 1652 -LRB100 16294 AMC 31417 b

1    moneys shall be paid as grants to the Horsemen's Council of
2    Illinois.
3(Source: P.A. 99-483, eff. 7-1-16; 99-723, eff. 8-5-16; 99-814,
4eff. 1-1-17; 100-57, eff. 1-1-18; 100-60, eff. 1-1-18; 100-78,
5eff. 1-1-18; 100-201, eff. 8-18-17; revised 1-21-18.)
 
6    (625 ILCS 5/3-802)  (from Ch. 95 1/2, par. 3-802)
7    Sec. 3-802. Reclassifications and upgrades.
8    (a) Definitions. For the purposes of this Section, the
9following words shall have the meanings ascribed to them as
10follows:
11        "Reclassification" means changing the registration of
12    a vehicle from one plate category to another.
13        "Upgrade" means increasing the registered weight of a
14    vehicle within the same plate category.
15    (b) When reclassing the registration of a vehicle from one
16plate category to another, the owner shall receive credit for
17the unused portion of the present plate and be charged the
18current portion fees for the new plate. In addition, the
19appropriate replacement plate and replacement sticker fees
20shall be assessed.
21    (b-5) Beginning with the 2019 registration year, any
22individual who has a registration issued under either Section
233-405 or 3-405.1 that qualifies for a special license plate
24under Section Sections 3-609, 3-609.1, 3-620, 3-621, 3-622,
253-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647,

 

 

HB5447 Enrolled- 1653 -LRB100 16294 AMC 31417 b

13-650, 3-651, 3-664, 3-666, 3-667, 3-668, 3-669, 3-676, 3-677,
23-680, 3-681, 3-683, 3-686, 3-688, 3-693, 3-698, or 3-699.12
3may reclass his or her registration upon acquiring a special
4license plate listed in this subsection (b-5) without a
5replacement plate fee or registration sticker cost.
6    (b-10) Beginning with the 2019 registration year, any
7individual who has a special license plate issued under Section
83-609, 3-609.1, 3-620, 3-621, 3-622, 3-623, 3-624, 3-625,
93-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650, 3-651, 3-664,
103-666, 3-667, 3-668, 3-669, 3-676, 3-677, 3-680, 3-681, 3-683,
113-686, 3-688, 3-693, 3-698, or 3-699.12 may reclass his or her
12special license plate upon acquiring a new registration under
13Section 3-405 or 3-405.1 without a replacement plate fee or
14registration sticker cost.
15    (c) When upgrading the weight of a registration within the
16same plate category, the owner shall pay the difference in
17current period fees between the two plates. In addition, the
18appropriate replacement plate and replacement sticker fees
19shall be assessed. In the event new plates are not required,
20the corrected registration card fee shall be assessed.
21    (d) In the event the owner of the vehicle desires to change
22the registered weight and change the plate category, the owner
23shall receive credit for the unused portion of the registration
24fee of the current plate and pay the current portion of the
25registration fee for the new plate, and in addition, pay the
26appropriate replacement plate and replacement sticker fees.

 

 

HB5447 Enrolled- 1654 -LRB100 16294 AMC 31417 b

1    (e) Reclassing from one plate category to another plate
2category can be done only once within any registration period.
3    (f) No refunds shall be made in any of the circumstances
4found in subsection (b), subsection (c), or subsection (d);
5however, when reclassing from a flat weight plate to an
6apportioned plate, a refund may be issued if the credit amounts
7to an overpayment.
8    (g) In the event the registration of a vehicle registered
9under the mileage tax option is revoked, the owner shall be
10required to pay the annual registration fee in the new plate
11category and shall not receive any credit for the mileage plate
12fees.
13    (h) Certain special interest plates may be displayed on
14first division vehicles, second division vehicles weighing
158,000 pounds or less, and recreational vehicles. Those plates
16can be transferred within those vehicle groups.
17    (i) Plates displayed on second division vehicles weighing
188,000 pounds or less and passenger vehicle plates may be
19reclassed from one division to the other.
20    (j) Other than in subsection (i), reclassing from one
21division to the other division is prohibited. In addition, a
22reclass from a motor vehicle to a trailer or a trailer to a
23motor vehicle is prohibited.
24(Source: P.A. 99-809, eff. 1-1-17; 100-246, eff. 1-1-18;
25100-450, eff. 1-1-18; revised 10-12-17.)
 

 

 

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1    (625 ILCS 5/3-809)  (from Ch. 95 1/2, par. 3-809)
2    Sec. 3-809. Farm machinery, exempt vehicles and fertilizer
3spreaders; registration fee.
4    (a) Vehicles of the second division having a corn sheller,
5a well driller, hay press, clover huller, feed mixer and
6unloader, or other farm machinery permanently mounted thereon
7and used solely for transporting the same, farm wagon type
8trailers having a fertilizer spreader attachment permanently
9mounted thereon, having a gross weight of not to exceed 36,000
10pounds and used only for the transportation of bulk fertilizer,
11and farm wagon type tank trailers of not to exceed 3,000
12gallons capacity, used during the liquid fertilizer season as
13field-storage "nurse tanks" supplying the fertilizer to a field
14applicator and moved on highways only for bringing the
15fertilizer from a local source of supply to farm or field or
16from one farm or field to another, or used during the lime
17season and moved on the highways only for bringing from a local
18source of supply to farm or field or from one farm or field to
19another, shall be registered upon the filing of a proper
20application and the payment of a registration fee of $13 per
212-year registration period. This registration fee of $13 shall
22be paid in full and shall not be reduced even though such
23registration is made after the beginning of the registration
24period.
25    (b) Vehicles exempt from registration under the provisions
26of subsection A of Section 3-402 3-402.A of this Code Act, as

 

 

HB5447 Enrolled- 1656 -LRB100 16294 AMC 31417 b

1amended, except those vehicles required to be registered under
2subsection paragraph (c) of this Section, may, at the option of
3the owner, be identified as exempt vehicles by displaying
4registration plates issued by the Secretary of State. The owner
5thereof may apply for such permanent, non-transferable
6registration plates upon the filing of a proper application and
7the payment of a registration fee of $13. The application for
8and display of such registration plates for identification
9purposes by vehicles exempt from registration shall not be
10deemed as a waiver or rescission of its exempt status, nor make
11such vehicle subject to registration. Nothing in this Section
12prohibits the towing of another vehicle by the exempt vehicle
13if the towed vehicle:
14        (i) does not exceed the registered weight of 8,000
15    pounds;
16        (ii) is used exclusively for transportation to and from
17    the work site;
18        (iii) is not used for carrying counter weights or other
19    material related to the operation of the exempt vehicle
20    while under tow; and
21        (iv) displays proper and current registration plates.
22    (c) Any single unit self-propelled agricultural fertilizer
23implement, designed for both on and off road use, equipped with
24flotation tires and otherwise specially adapted for the
25application of plant food materials or agricultural chemicals,
26desiring to be operated upon the highways ladened with load

 

 

HB5447 Enrolled- 1657 -LRB100 16294 AMC 31417 b

1shall be registered upon the filing of a proper application and
2payment of a registration fee of $250. The registration fee
3shall be paid in full and shall not be reduced even though such
4registration is made during the second half of the registration
5year. These vehicles shall, whether loaded or unloaded, be
6limited to a maximum gross weight of 36,000 pounds, restricted
7to a highway speed of not more than 30 miles per hour and a
8legal width of not more than 12 feet. Such vehicles shall be
9limited to the furthering of agricultural or horticultural
10pursuits and in furtherance of these pursuits, such vehicles
11may be operated upon the highway, within a 50-mile 50 mile
12radius of their point of loading as indicated on the written or
13printed statement required by the Illinois Fertilizer Act of
141961, for the purpose of moving plant food materials or
15agricultural chemicals to the field, or from field to field,
16for the sole purpose of application.
17    No single unit self-propelled agricultural fertilizer
18implement, designed for both on and off road use, equipped with
19flotation tires and otherwise specially adapted for the
20application of plant food materials or agricultural chemicals,
21having a width of more than 12 feet or a gross weight in excess
22of 36,000 pounds, shall be permitted to operate upon the
23highways ladened with load.
24    Whenever any vehicle is operated in violation of subsection
25(c) of this Section, the owner or the driver of such vehicle
26shall be deemed guilty of a petty offense and either may be

 

 

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1prosecuted for such violation.
2(Source: P.A. 100-201, eff. 8-18-17; revised 10-12-17.)
 
3    (625 ILCS 5/3-810)  (from Ch. 95 1/2, par. 3-810)
4    Sec. 3-810. Dealers, manufacturers, engine and driveline
5component manufacturers, transporters, and repossessors;
6registration plates Manufacturers, Engine and Driveline
7Component Manufacturers, Transporters and Repossessors -
8Registration Plates. (a) Dealers, manufacturers, and
9transporters registered under this Code Act may obtain
10registration plates for use as provided in this Code Act, at
11the following rates:
12        Initial set of dealer's, manufacturer's, or
13    transporter's "in-transit" plates: $45
14        Duplicate Plates: $13
15        Manufacturers of engine and driveline components
16    registered under this Code Act may obtain registration
17    plates at the following rates:
18            Initial set of "test vehicle" plates: $94
19            Duplicate plates: $25
20    Repossessors and other persons qualified and registered
21under Section 3-601 of this Code Act may obtain registration
22plates at the rate of $45 per set.
23(Source: P.A. 91-37, eff. 7-1-99; revised 11-8-17.)
 
24    (625 ILCS 5/3-810.1)  (from Ch. 95 1/2, par. 3-810.1)

 

 

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1    Sec. 3-810.1. Tow truck; registration plates Tow-Truck -
2Registration Plates. Tow truck Tow-Truck operators registered
3under this Code Act may obtain registration plates for use as
4provided in this Code Act at the rate per set provided in
5subsection (a) of Section 3-815 of this Code for each vehicle
6so registered.
7(Source: P.A. 83-1473; revised 10-10-17.)
 
8    (625 ILCS 5/4-203)  (from Ch. 95 1/2, par. 4-203)
9    (Text of Section before amendment by P.A. 100-537)
10    Sec. 4-203. Removal of motor vehicles or other vehicles;
11towing or hauling away.
12    (a) When a vehicle is abandoned, or left unattended, on a
13toll highway, interstate highway, or expressway for 2 hours or
14more, its removal by a towing service may be authorized by a
15law enforcement agency having jurisdiction.
16    (b) When a vehicle is abandoned on a highway in an urban
17district 10 hours or more, its removal by a towing service may
18be authorized by a law enforcement agency having jurisdiction.
19    (c) When a vehicle is abandoned or left unattended on a
20highway other than a toll highway, interstate highway, or
21expressway, outside of an urban district for 24 hours or more,
22its removal by a towing service may be authorized by a law
23enforcement agency having jurisdiction.
24    (d) When an abandoned, unattended, wrecked, burned or
25partially dismantled vehicle is creating a traffic hazard

 

 

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1because of its position in relation to the highway or its
2physical appearance is causing the impeding of traffic, its
3immediate removal from the highway or private property adjacent
4to the highway by a towing service may be authorized by a law
5enforcement agency having jurisdiction.
6    (e) Whenever a peace officer reasonably believes that a
7person under arrest for a violation of Section 11-501 of this
8Code or a similar provision of a local ordinance is likely,
9upon release, to commit a subsequent violation of Section
1011-501, or a similar provision of a local ordinance, the
11arresting officer shall have the vehicle which the person was
12operating at the time of the arrest impounded for a period of
13not more than 12 hours after the time of arrest. However, such
14vehicle may be released by the arresting law enforcement agency
15prior to the end of the impoundment period if:
16        (1) the vehicle was not owned by the person under
17    arrest, and the lawful owner requesting such release
18    possesses a valid operator's license, proof of ownership,
19    and would not, as determined by the arresting law
20    enforcement agency, indicate a lack of ability to operate a
21    motor vehicle in a safe manner, or who would otherwise, by
22    operating such motor vehicle, be in violation of this Code;
23    or
24        (2) the vehicle is owned by the person under arrest,
25    and the person under arrest gives permission to another
26    person to operate such vehicle, provided however, that the

 

 

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1    other person possesses a valid operator's license and would
2    not, as determined by the arresting law enforcement agency,
3    indicate a lack of ability to operate a motor vehicle in a
4    safe manner or who would otherwise, by operating such motor
5    vehicle, be in violation of this Code.
6    (e-5) Whenever a registered owner of a vehicle is taken
7into custody for operating the vehicle in violation of Section
811-501 of this Code or a similar provision of a local ordinance
9or Section 6-303 of this Code, a law enforcement officer may
10have the vehicle immediately impounded for a period not less
11than:
12        (1) 24 hours for a second violation of Section 11-501
13    of this Code or a similar provision of a local ordinance or
14    Section 6-303 of this Code or a combination of these
15    offenses; or
16        (2) 48 hours for a third violation of Section 11-501 of
17    this Code or a similar provision of a local ordinance or
18    Section 6-303 of this Code or a combination of these
19    offenses.
20    The vehicle may be released sooner if the vehicle is owned
21by the person under arrest and the person under arrest gives
22permission to another person to operate the vehicle and that
23other person possesses a valid operator's license and would
24not, as determined by the arresting law enforcement agency,
25indicate a lack of ability to operate a motor vehicle in a safe
26manner or would otherwise, by operating the motor vehicle, be

 

 

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1in violation of this Code.
2    (f) Except as provided in Chapter 18a of this Code, the
3owner or lessor of privately owned real property within this
4State, or any person authorized by such owner or lessor, or any
5law enforcement agency in the case of publicly owned real
6property may cause any motor vehicle abandoned or left
7unattended upon such property without permission to be removed
8by a towing service without liability for the costs of removal,
9transportation or storage or damage caused by such removal,
10transportation or storage. The towing or removal of any vehicle
11from private property without the consent of the registered
12owner or other legally authorized person in control of the
13vehicle is subject to compliance with the following conditions
14and restrictions:
15        1. Any towed or removed vehicle must be stored at the
16    site of the towing service's place of business. The site
17    must be open during business hours, and for the purpose of
18    redemption of vehicles, during the time that the person or
19    firm towing such vehicle is open for towing purposes.
20        2. The towing service shall within 30 minutes of
21    completion of such towing or removal, notify the law
22    enforcement agency having jurisdiction of such towing or
23    removal, and the make, model, color and license plate
24    number of the vehicle, and shall obtain and record the name
25    of the person at the law enforcement agency to whom such
26    information was reported.

 

 

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1        3. If the registered owner or legally authorized person
2    entitled to possession of the vehicle shall arrive at the
3    scene prior to actual removal or towing of the vehicle, the
4    vehicle shall be disconnected from the tow truck and that
5    person shall be allowed to remove the vehicle without
6    interference, upon the payment of a reasonable service fee
7    of not more than one half the posted rate of the towing
8    service as provided in paragraph 6 of this subsection, for
9    which a receipt shall be given.
10        4. The rebate or payment of money or any other valuable
11    consideration from the towing service or its owners,
12    managers or employees to the owners or operators of the
13    premises from which the vehicles are towed or removed, for
14    the privilege of removing or towing those vehicles, is
15    prohibited. Any individual who violates this paragraph
16    shall be guilty of a Class A misdemeanor.
17        5. Except for property appurtenant to and obviously a
18    part of a single family residence, and except for instances
19    where notice is personally given to the owner or other
20    legally authorized person in control of the vehicle that
21    the area in which that vehicle is parked is reserved or
22    otherwise unavailable to unauthorized vehicles and they
23    are subject to being removed at the owner or operator's
24    expense, any property owner or lessor, prior to towing or
25    removing any vehicle from private property without the
26    consent of the owner or other legally authorized person in

 

 

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1    control of that vehicle, must post a notice meeting the
2    following requirements:
3            a. Except as otherwise provided in subparagraph
4        a.1 of this subdivision (f)5, the notice must be
5        prominently placed at each driveway access or curb cut
6        allowing vehicular access to the property within 5 feet
7        from the public right-of-way line. If there are no
8        curbs or access barriers, the sign must be posted not
9        less than one sign each 100 feet of lot frontage.
10            a.1. In a municipality with a population of less
11        than 250,000, as an alternative to the requirement of
12        subparagraph a of this subdivision (f)5, the notice for
13        a parking lot contained within property used solely for
14        a 2-family, 3-family, or 4-family residence may be
15        prominently placed at the perimeter of the parking lot,
16        in a position where the notice is visible to the
17        occupants of vehicles entering the lot.
18            b. The notice must indicate clearly, in not less
19        than 2 inch high light-reflective letters on a
20        contrasting background, that unauthorized vehicles
21        will be towed away at the owner's expense.
22            c. The notice must also provide the name and
23        current telephone number of the towing service towing
24        or removing the vehicle.
25            d. The sign structure containing the required
26        notices must be permanently installed with the bottom

 

 

HB5447 Enrolled- 1665 -LRB100 16294 AMC 31417 b

1        of the sign not less than 4 feet above ground level,
2        and must be continuously maintained on the property for
3        not less than 24 hours prior to the towing or removing
4        of any vehicle.
5        6. Any towing service that tows or removes vehicles and
6    proposes to require the owner, operator, or person in
7    control of the vehicle to pay the costs of towing and
8    storage prior to redemption of the vehicle must file and
9    keep on record with the local law enforcement agency a
10    complete copy of the current rates to be charged for such
11    services, and post at the storage site an identical rate
12    schedule and any written contracts with property owners,
13    lessors, or persons in control of property which authorize
14    them to remove vehicles as provided in this Section. The
15    towing and storage charges, however, shall not exceed the
16    maximum allowed by the Illinois Commerce Commission under
17    Section 18a-200.
18        7. No person shall engage in the removal of vehicles
19    from private property as described in this Section without
20    filing a notice of intent in each community where he
21    intends to do such removal, and such notice shall be filed
22    at least 7 days before commencing such towing.
23        8. No removal of a vehicle from private property shall
24    be done except upon express written instructions of the
25    owners or persons in charge of the private property upon
26    which the vehicle is said to be trespassing.

 

 

HB5447 Enrolled- 1666 -LRB100 16294 AMC 31417 b

1        9. Vehicle entry for the purpose of removal shall be
2    allowed with reasonable care on the part of the person or
3    firm towing the vehicle. Such person or firm shall be
4    liable for any damages occasioned to the vehicle if such
5    entry is not in accordance with the standards of reasonable
6    care.
7        9.5. Except as authorized by a law enforcement officer,
8    no towing service shall engage in the removal of a
9    commercial motor vehicle that requires a commercial
10    driver's license to operate by operating the vehicle under
11    its own power on a highway.
12        10. When a vehicle has been towed or removed pursuant
13    to this Section, it must be released to its owner,
14    custodian, agent, or lienholder within one half hour after
15    requested, if such request is made during business hours.
16    Any vehicle owner, custodian, agent, or lienholder shall
17    have the right to inspect the vehicle before accepting its
18    return, and no release or waiver of any kind which would
19    release the towing service from liability for damages
20    incurred during the towing and storage may be required from
21    any vehicle owner or other legally authorized person as a
22    condition of release of the vehicle. A detailed, signed
23    receipt showing the legal name of the towing service must
24    be given to the person paying towing or storage charges at
25    the time of payment, whether requested or not.
26    This Section shall not apply to law enforcement,

 

 

HB5447 Enrolled- 1667 -LRB100 16294 AMC 31417 b

1firefighting, rescue, ambulance, or other emergency vehicles
2which are marked as such or to property owned by any
3governmental entity.
4    When an authorized person improperly causes a motor vehicle
5to be removed, such person shall be liable to the owner or
6lessee of the vehicle for the cost or removal, transportation
7and storage, any damages resulting from the removal,
8transportation and storage, attorney's fee and court costs.
9    Any towing or storage charges accrued shall be payable in
10cash or by cashier's check, certified check, debit card, credit
11card, or wire transfer, at the option of the party taking
12possession of the vehicle.
13        11. Towing companies shall also provide insurance
14    coverage for areas where vehicles towed under the
15    provisions of this Chapter will be impounded or otherwise
16    stored, and shall adequately cover loss by fire, theft or
17    other risks.
18    Any person who fails to comply with the conditions and
19restrictions of this subsection shall be guilty of a Class C
20misdemeanor and shall be fined not less than $100 nor more than
21$500.
22    (g)(1) When a vehicle is determined to be a hazardous
23dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
24Illinois Municipal Code or Section 5-12002.1 of the Counties
25Code, its removal and impoundment by a towing service may be
26authorized by a law enforcement agency with appropriate

 

 

HB5447 Enrolled- 1668 -LRB100 16294 AMC 31417 b

1jurisdiction.
2    (2) When a vehicle removal from either public or private
3property is authorized by a law enforcement agency, the owner
4of the vehicle shall be responsible for all towing and storage
5charges.
6    (3) Vehicles removed from public or private property and
7stored by a commercial vehicle relocator or any other towing
8service authorized by a law enforcement agency in compliance
9with this Section and Sections 4-201 and 4-202 of this Code, or
10at the request of the vehicle owner or operator, shall be
11subject to a possessor lien for services pursuant to the Labor
12and Storage Lien (Small Amount) Act. The provisions of Section
131 of that Act relating to notice and implied consent shall be
14deemed satisfied by compliance with Section 18a-302 and
15subsection (6) of Section 18a-300. In no event shall such lien
16be greater than the rate or rates established in accordance
17with subsection (6) of Section 18a-200 of this Code. In no
18event shall such lien be increased or altered to reflect any
19charge for services or materials rendered in addition to those
20authorized by this Code Act. Every such lien shall be payable
21in cash or by cashier's check, certified check, debit card,
22credit card, or wire transfer, at the option of the party
23taking possession of the vehicle.
24    (4) Any personal property belonging to the vehicle owner in
25a vehicle subject to a lien under this subsection (g) shall
26likewise be subject to that lien, excepting only: child

 

 

HB5447 Enrolled- 1669 -LRB100 16294 AMC 31417 b

1restraint systems as defined in Section 4 of the Child
2Passenger Protection Act and other child booster seats;
3eyeglasses; food; medicine; perishable property; any
4operator's licenses; any cash, credit cards, or checks or
5checkbooks; any wallet, purse, or other property containing any
6operator's license or other identifying documents or
7materials, cash, credit cards, checks, or checkbooks; and any
8personal property belonging to a person other than the vehicle
9owner if that person provides adequate proof that the personal
10property belongs to that person. The spouse, child, mother,
11father, brother, or sister of the vehicle owner may claim
12personal property excepted under this paragraph (4) if the
13person claiming the personal property provides the commercial
14vehicle relocator or towing service with the authorization of
15the vehicle owner.
16    (5) This paragraph (5) applies only in the case of a
17vehicle that is towed as a result of being involved in an
18accident. In addition to the personal property excepted under
19paragraph (4), all other personal property in a vehicle subject
20to a lien under this subsection (g) is exempt from that lien
21and may be claimed by the vehicle owner if the vehicle owner
22provides the commercial vehicle relocator or towing service
23with proof that the vehicle owner has an insurance policy
24covering towing and storage fees. The spouse, child, mother,
25father, brother, or sister of the vehicle owner may claim
26personal property in a vehicle subject to a lien under this

 

 

HB5447 Enrolled- 1670 -LRB100 16294 AMC 31417 b

1subsection (g) if the person claiming the personal property
2provides the commercial vehicle relocator or towing service
3with the authorization of the vehicle owner and proof that the
4vehicle owner has an insurance policy covering towing and
5storage fees. The regulation of liens on personal property and
6exceptions to those liens in the case of vehicles towed as a
7result of being involved in an accident are exclusive powers
8and functions of the State. A home rule unit may not regulate
9liens on personal property and exceptions to those liens in the
10case of vehicles towed as a result of being involved in an
11accident. This paragraph (5) is a denial and limitation of home
12rule powers and functions under subsection (h) of Section 6 of
13Article VII of the Illinois Constitution.
14    (6) No lien under this subsection (g) shall: exceed $2,000
15in its total amount; or be increased or altered to reflect any
16charge for services or materials rendered in addition to those
17authorized by this Code Act.
18    (h) Whenever a peace officer issues a citation to a driver
19for a violation of subsection (a) of Section 11-506 of this
20Code, the arresting officer may have the vehicle which the
21person was operating at the time of the arrest impounded for a
22period of 5 days after the time of arrest. An impounding agency
23shall release a motor vehicle impounded under this subsection
24(h) to the registered owner of the vehicle under any of the
25following circumstances:
26        (1) If the vehicle is a stolen vehicle; or

 

 

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1        (2) If the person ticketed for a violation of
2    subsection (a) of Section 11-506 of this Code was not
3    authorized by the registered owner of the vehicle to
4    operate the vehicle at the time of the violation; or
5        (3) If the registered owner of the vehicle was neither
6    the driver nor a passenger in the vehicle at the time of
7    the violation or was unaware that the driver was using the
8    vehicle to engage in street racing; or
9        (4) If the legal owner or registered owner of the
10    vehicle is a rental car agency; or
11        (5) If, prior to the expiration of the impoundment
12    period specified above, the citation is dismissed or the
13    defendant is found not guilty of the offense.
14    (i) Except for vehicles exempted under subsection (b) of
15Section 7-601 of this Code, whenever a law enforcement officer
16issues a citation to a driver for a violation of Section 3-707
17of this Code, and the driver has a prior conviction for a
18violation of Section 3-707 of this Code in the past 12 months,
19the arresting officer shall authorize the removal and
20impoundment of the vehicle by a towing service.
21(Source: P.A. 99-438, eff. 1-1-16; 100-311, eff. 11-23-17;
22revised 10-10-17.)
 
23    (Text of Section after amendment by P.A. 100-537)
24    Sec. 4-203. Removal of motor vehicles or other vehicles;
25towing or hauling away.

 

 

HB5447 Enrolled- 1672 -LRB100 16294 AMC 31417 b

1    (a) When a vehicle is abandoned, or left unattended, on a
2toll highway, interstate highway, or expressway for 2 hours or
3more, its removal by a towing service may be authorized by a
4law enforcement agency having jurisdiction.
5    (b) When a vehicle is abandoned on a highway in an urban
6district 10 hours or more, its removal by a towing service may
7be authorized by a law enforcement agency having jurisdiction.
8    (c) When a vehicle is abandoned or left unattended on a
9highway other than a toll highway, interstate highway, or
10expressway, outside of an urban district for 24 hours or more,
11its removal by a towing service may be authorized by a law
12enforcement agency having jurisdiction.
13    (d) When an abandoned, unattended, wrecked, burned or
14partially dismantled vehicle is creating a traffic hazard
15because of its position in relation to the highway or its
16physical appearance is causing the impeding of traffic, its
17immediate removal from the highway or private property adjacent
18to the highway by a towing service may be authorized by a law
19enforcement agency having jurisdiction.
20    (e) Whenever a peace officer reasonably believes that a
21person under arrest for a violation of Section 11-501 of this
22Code or a similar provision of a local ordinance is likely,
23upon release, to commit a subsequent violation of Section
2411-501, or a similar provision of a local ordinance, the
25arresting officer shall have the vehicle which the person was
26operating at the time of the arrest impounded for a period of

 

 

HB5447 Enrolled- 1673 -LRB100 16294 AMC 31417 b

112 hours after the time of arrest. However, such vehicle may be
2released by the arresting law enforcement agency prior to the
3end of the impoundment period if:
4        (1) the vehicle was not owned by the person under
5    arrest, and the lawful owner requesting such release
6    possesses a valid operator's license, proof of ownership,
7    and would not, as determined by the arresting law
8    enforcement agency, indicate a lack of ability to operate a
9    motor vehicle in a safe manner, or who would otherwise, by
10    operating such motor vehicle, be in violation of this Code;
11    or
12        (2) the vehicle is owned by the person under arrest,
13    and the person under arrest gives permission to another
14    person to operate such vehicle, provided however, that the
15    other person possesses a valid operator's license and would
16    not, as determined by the arresting law enforcement agency,
17    indicate a lack of ability to operate a motor vehicle in a
18    safe manner or who would otherwise, by operating such motor
19    vehicle, be in violation of this Code.
20    (e-5) Whenever a registered owner of a vehicle is taken
21into custody for operating the vehicle in violation of Section
2211-501 of this Code or a similar provision of a local ordinance
23or Section 6-303 of this Code, a law enforcement officer may
24have the vehicle immediately impounded for a period not less
25than:
26        (1) 24 hours for a second violation of Section 11-501

 

 

HB5447 Enrolled- 1674 -LRB100 16294 AMC 31417 b

1    of this Code or a similar provision of a local ordinance or
2    Section 6-303 of this Code or a combination of these
3    offenses; or
4        (2) 48 hours for a third violation of Section 11-501 of
5    this Code or a similar provision of a local ordinance or
6    Section 6-303 of this Code or a combination of these
7    offenses.
8    The vehicle may be released sooner if the vehicle is owned
9by the person under arrest and the person under arrest gives
10permission to another person to operate the vehicle and that
11other person possesses a valid operator's license and would
12not, as determined by the arresting law enforcement agency,
13indicate a lack of ability to operate a motor vehicle in a safe
14manner or would otherwise, by operating the motor vehicle, be
15in violation of this Code.
16    (f) Except as provided in Chapter 18a of this Code, the
17owner or lessor of privately owned real property within this
18State, or any person authorized by such owner or lessor, or any
19law enforcement agency in the case of publicly owned real
20property may cause any motor vehicle abandoned or left
21unattended upon such property without permission to be removed
22by a towing service without liability for the costs of removal,
23transportation or storage or damage caused by such removal,
24transportation or storage. The towing or removal of any vehicle
25from private property without the consent of the registered
26owner or other legally authorized person in control of the

 

 

HB5447 Enrolled- 1675 -LRB100 16294 AMC 31417 b

1vehicle is subject to compliance with the following conditions
2and restrictions:
3        1. Any towed or removed vehicle must be stored at the
4    site of the towing service's place of business. The site
5    must be open during business hours, and for the purpose of
6    redemption of vehicles, during the time that the person or
7    firm towing such vehicle is open for towing purposes.
8        2. The towing service shall within 30 minutes of
9    completion of such towing or removal, notify the law
10    enforcement agency having jurisdiction of such towing or
11    removal, and the make, model, color and license plate
12    number of the vehicle, and shall obtain and record the name
13    of the person at the law enforcement agency to whom such
14    information was reported.
15        3. If the registered owner or legally authorized person
16    entitled to possession of the vehicle shall arrive at the
17    scene prior to actual removal or towing of the vehicle, the
18    vehicle shall be disconnected from the tow truck and that
19    person shall be allowed to remove the vehicle without
20    interference, upon the payment of a reasonable service fee
21    of not more than one half the posted rate of the towing
22    service as provided in paragraph 6 of this subsection, for
23    which a receipt shall be given.
24        4. The rebate or payment of money or any other valuable
25    consideration from the towing service or its owners,
26    managers or employees to the owners or operators of the

 

 

HB5447 Enrolled- 1676 -LRB100 16294 AMC 31417 b

1    premises from which the vehicles are towed or removed, for
2    the privilege of removing or towing those vehicles, is
3    prohibited. Any individual who violates this paragraph
4    shall be guilty of a Class A misdemeanor.
5        5. Except for property appurtenant to and obviously a
6    part of a single family residence, and except for instances
7    where notice is personally given to the owner or other
8    legally authorized person in control of the vehicle that
9    the area in which that vehicle is parked is reserved or
10    otherwise unavailable to unauthorized vehicles and they
11    are subject to being removed at the owner or operator's
12    expense, any property owner or lessor, prior to towing or
13    removing any vehicle from private property without the
14    consent of the owner or other legally authorized person in
15    control of that vehicle, must post a notice meeting the
16    following requirements:
17            a. Except as otherwise provided in subparagraph
18        a.1 of this subdivision (f)5, the notice must be
19        prominently placed at each driveway access or curb cut
20        allowing vehicular access to the property within 5 feet
21        from the public right-of-way line. If there are no
22        curbs or access barriers, the sign must be posted not
23        less than one sign each 100 feet of lot frontage.
24            a.1. In a municipality with a population of less
25        than 250,000, as an alternative to the requirement of
26        subparagraph a of this subdivision (f)5, the notice for

 

 

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1        a parking lot contained within property used solely for
2        a 2-family, 3-family, or 4-family residence may be
3        prominently placed at the perimeter of the parking lot,
4        in a position where the notice is visible to the
5        occupants of vehicles entering the lot.
6            b. The notice must indicate clearly, in not less
7        than 2 inch high light-reflective letters on a
8        contrasting background, that unauthorized vehicles
9        will be towed away at the owner's expense.
10            c. The notice must also provide the name and
11        current telephone number of the towing service towing
12        or removing the vehicle.
13            d. The sign structure containing the required
14        notices must be permanently installed with the bottom
15        of the sign not less than 4 feet above ground level,
16        and must be continuously maintained on the property for
17        not less than 24 hours prior to the towing or removing
18        of any vehicle.
19        6. Any towing service that tows or removes vehicles and
20    proposes to require the owner, operator, or person in
21    control of the vehicle to pay the costs of towing and
22    storage prior to redemption of the vehicle must file and
23    keep on record with the local law enforcement agency a
24    complete copy of the current rates to be charged for such
25    services, and post at the storage site an identical rate
26    schedule and any written contracts with property owners,

 

 

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1    lessors, or persons in control of property which authorize
2    them to remove vehicles as provided in this Section. The
3    towing and storage charges, however, shall not exceed the
4    maximum allowed by the Illinois Commerce Commission under
5    Section 18a-200.
6        7. No person shall engage in the removal of vehicles
7    from private property as described in this Section without
8    filing a notice of intent in each community where he
9    intends to do such removal, and such notice shall be filed
10    at least 7 days before commencing such towing.
11        8. No removal of a vehicle from private property shall
12    be done except upon express written instructions of the
13    owners or persons in charge of the private property upon
14    which the vehicle is said to be trespassing.
15        9. Vehicle entry for the purpose of removal shall be
16    allowed with reasonable care on the part of the person or
17    firm towing the vehicle. Such person or firm shall be
18    liable for any damages occasioned to the vehicle if such
19    entry is not in accordance with the standards of reasonable
20    care.
21        9.5. Except as authorized by a law enforcement officer,
22    no towing service shall engage in the removal of a
23    commercial motor vehicle that requires a commercial
24    driver's license to operate by operating the vehicle under
25    its own power on a highway.
26        10. When a vehicle has been towed or removed pursuant

 

 

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1    to this Section, it must be released to its owner,
2    custodian, agent, or lienholder within one half hour after
3    requested, if such request is made during business hours.
4    Any vehicle owner, custodian, agent, or lienholder shall
5    have the right to inspect the vehicle before accepting its
6    return, and no release or waiver of any kind which would
7    release the towing service from liability for damages
8    incurred during the towing and storage may be required from
9    any vehicle owner or other legally authorized person as a
10    condition of release of the vehicle. A detailed, signed
11    receipt showing the legal name of the towing service must
12    be given to the person paying towing or storage charges at
13    the time of payment, whether requested or not.
14        This Section shall not apply to law enforcement,
15    firefighting, rescue, ambulance, or other emergency
16    vehicles which are marked as such or to property owned by
17    any governmental entity.
18        When an authorized person improperly causes a motor
19    vehicle to be removed, such person shall be liable to the
20    owner or lessee of the vehicle for the cost or removal,
21    transportation and storage, any damages resulting from the
22    removal, transportation and storage, attorney's fee and
23    court costs.
24        Any towing or storage charges accrued shall be payable
25    in cash or by cashier's check, certified check, debit card,
26    credit card, or wire transfer, at the option of the party

 

 

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1    taking possession of the vehicle.
2        11. Towing companies shall also provide insurance
3    coverage for areas where vehicles towed under the
4    provisions of this Chapter will be impounded or otherwise
5    stored, and shall adequately cover loss by fire, theft or
6    other risks.
7    Any person who fails to comply with the conditions and
8restrictions of this subsection shall be guilty of a Class C
9misdemeanor and shall be fined not less than $100 nor more than
10$500.
11    (g)(1) When a vehicle is determined to be a hazardous
12dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
13Illinois Municipal Code or Section 5-12002.1 of the Counties
14Code, its removal and impoundment by a towing service may be
15authorized by a law enforcement agency with appropriate
16jurisdiction.
17    (2) When a vehicle removal from either public or private
18property is authorized by a law enforcement agency, the owner
19of the vehicle shall be responsible for all towing and storage
20charges.
21    (3) Vehicles removed from public or private property and
22stored by a commercial vehicle relocator or any other towing
23service authorized by a law enforcement agency in compliance
24with this Section and Sections 4-201 and 4-202 of this Code, or
25at the request of the vehicle owner or operator, shall be
26subject to a possessor lien for services pursuant to the Labor

 

 

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1and Storage Lien (Small Amount) Act. The provisions of Section
21 of that Act relating to notice and implied consent shall be
3deemed satisfied by compliance with Section 18a-302 and
4subsection (6) of Section 18a-300. In no event shall such lien
5be greater than the rate or rates established in accordance
6with subsection (6) of Section 18a-200 of this Code. In no
7event shall such lien be increased or altered to reflect any
8charge for services or materials rendered in addition to those
9authorized by this Code Act. Every such lien shall be payable
10in cash or by cashier's check, certified check, debit card,
11credit card, or wire transfer, at the option of the party
12taking possession of the vehicle.
13    (4) Any personal property belonging to the vehicle owner in
14a vehicle subject to a lien under this subsection (g) shall
15likewise be subject to that lien, excepting only: child
16restraint systems as defined in Section 4 of the Child
17Passenger Protection Act and other child booster seats;
18eyeglasses; food; medicine; perishable property; any
19operator's licenses; any cash, credit cards, or checks or
20checkbooks; any wallet, purse, or other property containing any
21operator's license or other identifying documents or
22materials, cash, credit cards, checks, or checkbooks; and any
23personal property belonging to a person other than the vehicle
24owner if that person provides adequate proof that the personal
25property belongs to that person. The spouse, child, mother,
26father, brother, or sister of the vehicle owner may claim

 

 

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1personal property excepted under this paragraph (4) if the
2person claiming the personal property provides the commercial
3vehicle relocator or towing service with the authorization of
4the vehicle owner.
5    (5) This paragraph (5) applies only in the case of a
6vehicle that is towed as a result of being involved in an
7accident. In addition to the personal property excepted under
8paragraph (4), all other personal property in a vehicle subject
9to a lien under this subsection (g) is exempt from that lien
10and may be claimed by the vehicle owner if the vehicle owner
11provides the commercial vehicle relocator or towing service
12with proof that the vehicle owner has an insurance policy
13covering towing and storage fees. The spouse, child, mother,
14father, brother, or sister of the vehicle owner may claim
15personal property in a vehicle subject to a lien under this
16subsection (g) if the person claiming the personal property
17provides the commercial vehicle relocator or towing service
18with the authorization of the vehicle owner and proof that the
19vehicle owner has an insurance policy covering towing and
20storage fees. The regulation of liens on personal property and
21exceptions to those liens in the case of vehicles towed as a
22result of being involved in an accident are exclusive powers
23and functions of the State. A home rule unit may not regulate
24liens on personal property and exceptions to those liens in the
25case of vehicles towed as a result of being involved in an
26accident. This paragraph (5) is a denial and limitation of home

 

 

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1rule powers and functions under subsection (h) of Section 6 of
2Article VII of the Illinois Constitution.
3    (6) No lien under this subsection (g) shall: exceed $2,000
4in its total amount; or be increased or altered to reflect any
5charge for services or materials rendered in addition to those
6authorized by this Code Act.
7    (h) Whenever a peace officer issues a citation to a driver
8for a violation of subsection (a) of Section 11-506 of this
9Code, the arresting officer may have the vehicle which the
10person was operating at the time of the arrest impounded for a
11period of 5 days after the time of arrest. An impounding agency
12shall release a motor vehicle impounded under this subsection
13(h) to the registered owner of the vehicle under any of the
14following circumstances:
15        (1) If the vehicle is a stolen vehicle; or
16        (2) If the person ticketed for a violation of
17    subsection (a) of Section 11-506 of this Code was not
18    authorized by the registered owner of the vehicle to
19    operate the vehicle at the time of the violation; or
20        (3) If the registered owner of the vehicle was neither
21    the driver nor a passenger in the vehicle at the time of
22    the violation or was unaware that the driver was using the
23    vehicle to engage in street racing; or
24        (4) If the legal owner or registered owner of the
25    vehicle is a rental car agency; or
26        (5) If, prior to the expiration of the impoundment

 

 

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1    period specified above, the citation is dismissed or the
2    defendant is found not guilty of the offense.
3    (i) Except for vehicles exempted under subsection (b) of
4Section 7-601 of this Code, whenever a law enforcement officer
5issues a citation to a driver for a violation of Section 3-707
6of this Code, and the driver has a prior conviction for a
7violation of Section 3-707 of this Code in the past 12 months,
8the arresting officer shall authorize the removal and
9impoundment of the vehicle by a towing service.
10(Source: P.A. 99-438, eff. 1-1-16; 100-311, eff. 11-23-17;
11100-537, eff. 6-1-18; revised 10-10-17.)
 
12    (625 ILCS 5/4-216)
13    Sec. 4-216. Storage fees; notice to lienholder of record.
14    (a) Any commercial vehicle relocator or any other private
15towing service providing removal or towing services pursuant to
16this Code and seeking to impose fees in connection with the
17furnishing of storage for a vehicle in the possession of the
18commercial vehicle relocator or other private towing service
19must provide written notice within 2 business days after the
20vehicle is removed or towed, by certified mail, return receipt
21requested, to the lienholder of record, regardless of whether
22the commercial vehicle relocator or other private towing
23service enforces a lien under the Labor and Storage Lien Act or
24the Labor and Storage Lien (Small Amount) Act. The notice shall
25be effective upon mailing and include the rate at which fees

 

 

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1will be incurred, and shall provide the lienholder with an
2opportunity to inspect the vehicle on the premises where the
3vehicle is stored within 2 business days of the lienholder's
4request. The date on which the assessment and accrual of
5storage fees may commence is the date of the impoundment of the
6vehicle, subject to any applicable limitations set forth by a
7municipality authorizing the vehicle removal. Payment of the
8storage fees by the lienholder may be made in cash or by
9cashier's check, certified check, debit card, credit card, or
10wire transfer, at the option of the lienholder taking
11possession of the vehicle. The commercial vehicle relocator or
12other private towing service shall furnish a copy of the
13certified mail receipt to the lienholder upon request.
14    (b) The notification requirements in subsection (a) of this
15Section apply in addition to any lienholder notice requirements
16under this Code relating to the removal or towing of an
17abandoned, lost, stolen, or unclaimed vehicle. If the
18commercial vehicle relocator or other private towing service
19fails to comply with the notification requirements set forth in
20subsection (a) of this Section, storage fees shall not be
21assessed and collected and the lienholder shall be entitled to
22injunctive relief for possession of the vehicle without the
23payment of any storage fees.
24    (c) If the notification required under subsection (a) was
25not sent and a lienholder discovers its collateral is in the
26possession of a commercial vehicle relocator or other private

 

 

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1towing service by means other than the notification required in
2subsection (a) of this Section, the lienholder is entitled to
3recover any storage fees paid to the commercial vehicle
4relocator or other private towing service to reclaim possession
5of its collateral.
6    (d) An action under this Section may be brought by the
7lienholder against the commercial vehicle locator or other
8private towing service in the circuit court.
9    (e) Notwithstanding any provision to the contrary in this
10Code Act or the Illinois Vehicle Code, a commercial vehicle
11relocator or other private towing service seeking to impose
12storage fees for a vehicle in its possession may not foreclose
13or otherwise enforce its claim for payment of storage services
14or any lien relating to the claim pursuant to this Code or
15other applicable law unless it first complies with the
16lienholder notification requirements set forth in subsection
17(a) of this Section.
18    (f) If the vehicle that is removed or towed is registered
19in a state other than Illinois, the assessment and accrual of
20storage fees may commence on the date that the request for
21lienholder information is filed by the commercial vehicle
22relocator or other private towing service with the applicable
23administrative agency or office in that state if: (i) the
24commercial vehicle relocator or other private towing service
25furnishes the lienholder with a copy or proof of filing of the
26request for lienholder information; (ii) the commercial

 

 

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1vehicle relocator or other private towing service provides to
2the lienholder of record the notification required by this
3Section within one business day after receiving the requested
4lienholder information; and (iii) the assessment of storage
5fees complies with any applicable limitations set forth by a
6municipality authorizing the vehicle removal.
7(Source: P.A. 100-311, eff. 11-23-17; revised 10-10-17.)
 
8    (625 ILCS 5/5-104)  (from Ch. 95 1/2, par. 5-104)
9    Sec. 5-104. (a) On and after January 1, 1976, each
10manufacturer of a 1976 or later model year vehicle of the first
11division manufactured for sale in this State, other than a
12motorcycle, shall clearly and conspicuously indicate, on the
13price listing affixed to the vehicle pursuant to the
14"Automobile Information Disclosure Act", (15 United States
15Code 1231 through 1233), the following, with the appropriate
16gasoline mileage figure:
17    "In tests for fuel economy in city and highway driving
18conducted by the United States Environmental Protection
19Agency, this passenger vehicle obtained ....... miles per
20gallon of gasoline.".
21(Source: P.A. 79-747; revised 11-8-17.)
 
22    (625 ILCS 5/5-104.3)
23    Sec. 5-104.3. Disclosure of rebuilt vehicle.
24    (a) No person shall knowingly, with intent to defraud or

 

 

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1deceive another, sell a vehicle for which a rebuilt title has
2been issued unless that vehicle is accompanied by a Disclosure
3of Rebuilt Vehicle Status form, properly signed and delivered
4to the buyer.
5    (a-5) No dealer or rebuilder licensed under Sections 5-101,
65-102, or 5-301 of this Code shall sell a vehicle for which a
7rebuilt title has been issued from another jurisdiction without
8first obtaining an Illinois certificate of title with a
9"REBUILT" notation under Section 3-118.1 of this Code.
10    (b) The Secretary of State may by rule or regulation
11prescribe the format and information contained in the
12Disclosure of Rebuilt Vehicle Status form.
13    (c) A violation of subsection subsections (a) or (a-5) of
14this Section is a Class A misdemeanor. A second or subsequent
15violation of subsection subsections (a) or (a-5) of this
16Section is a Class 4 felony.
17(Source: P.A. 100-104, eff. 11-9-17; revised 10-10-17.)
 
18    (625 ILCS 5/5-503)  (from Ch. 95 1/2, par. 5-503)
19    Sec. 5-503. Failure to obtain dealer's license, operation
20of a business with a suspended or revoked license.
21    (a) Any person operating a business for which he is
22required to be licensed under Section 5-101, 5-101.2, 5-102,
235-201, or 5-301 who fails to apply for such a license or
24licenses within 15 days after being informed in writing by the
25Secretary of State that he must obtain such a license or

 

 

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1licenses is subject to a civil action brought by the Secretary
2of State for operating a business without a license in the
3circuit court in the county in which the business is located.
4If the person is found to be in violation of Section 5-101,
55-101.2, 5-102, 5-201, or 5-301 by carrying on a business
6without being properly licensed, that person shall be fined
7$300 for each business day he conducted his business without
8such a license after the expiration of the 15-day 15 day period
9specified in this subsection (a).
10    (b) Any person who, having had his license or licenses
11issued under Section 5-101, 5-101.2, 5-102, 5-201, or 5-301
12suspended, revoked, nonrenewed, cancelled, or denied by the
13Secretary of State under Section 5-501 or 5-501.5 of this Code,
14continues to operate business after the effective date of such
15revocation, nonrenewal, suspension, cancellation, or denial
16may be sued in a civil action by the Secretary of State in the
17county in which the established or additional place of such
18business is located. Except as provided in subsection (e) of
19Section 5-501.5 of this Code, if such person is found by the
20court to have operated such a business after the license or
21licenses required for conducting such business have been
22suspended, revoked, nonrenewed, cancelled, or denied, that
23person shall be fined $500 for each day he conducted business
24thereafter.
25(Source: P.A. 100-409, eff. 8-25-17; 100-450, eff. 1-1-18;
26revised 1-22-18.)
 

 

 

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1    (625 ILCS 5/6-103)  (from Ch. 95 1/2, par. 6-103)
2    Sec. 6-103. What persons shall not be licensed as drivers
3or granted permits. The Secretary of State shall not issue,
4renew, or allow the retention of any driver's license nor issue
5any permit under this Code:
6        1. To any person, as a driver, who is under the age of
7    18 years except as provided in Section 6-107, and except
8    that an instruction permit may be issued under Section
9    6-107.1 to a child who is not less than 15 years of age if
10    the child is enrolled in an approved driver education
11    course as defined in Section 1-103 of this Code and
12    requires an instruction permit to participate therein,
13    except that an instruction permit may be issued under the
14    provisions of Section 6-107.1 to a child who is 17 years
15    and 3 months of age without the child having enrolled in an
16    approved driver education course and except that an
17    instruction permit may be issued to a child who is at least
18    15 years and 3 months of age, is enrolled in school, meets
19    the educational requirements of the Driver Education Act,
20    and has passed examinations the Secretary of State in his
21    or her discretion may prescribe;
22        1.5. To any person at least 18 years of age but less
23    than 21 years of age unless the person has, in addition to
24    any other requirements of this Code, successfully
25    completed an adult driver education course as provided in

 

 

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1    Section 6-107.5 of this Code;
2        2. To any person who is under the age of 18 as an
3    operator of a motorcycle other than a motor driven cycle
4    unless the person has, in addition to meeting the
5    provisions of Section 6-107 of this Code, successfully
6    completed a motorcycle training course approved by the
7    Illinois Department of Transportation and successfully
8    completes the required Secretary of State's motorcycle
9    driver's examination;
10        3. To any person, as a driver, whose driver's license
11    or permit has been suspended, during the suspension, nor to
12    any person whose driver's license or permit has been
13    revoked, except as provided in Sections 6-205, 6-206, and
14    6-208;
15        4. To any person, as a driver, who is a user of alcohol
16    or any other drug to a degree that renders the person
17    incapable of safely driving a motor vehicle;
18        5. To any person, as a driver, who has previously been
19    adjudged to be afflicted with or suffering from any mental
20    or physical disability or disease and who has not at the
21    time of application been restored to competency by the
22    methods provided by law;
23        6. To any person, as a driver, who is required by the
24    Secretary of State to submit an alcohol and drug evaluation
25    or take an examination provided for in this Code unless the
26    person has successfully passed the examination and

 

 

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1    submitted any required evaluation;
2        7. To any person who is required under the provisions
3    of the laws of this State to deposit security or proof of
4    financial responsibility and who has not deposited the
5    security or proof;
6        8. To any person when the Secretary of State has good
7    cause to believe that the person by reason of physical or
8    mental disability would not be able to safely operate a
9    motor vehicle upon the highways, unless the person shall
10    furnish to the Secretary of State a verified written
11    statement, acceptable to the Secretary of State, from a
12    competent medical specialist, a licensed physician
13    assistant, or a licensed advanced practice registered
14    nurse, to the effect that the operation of a motor vehicle
15    by the person would not be inimical to the public safety;
16        9. To any person, as a driver, who is 69 years of age
17    or older, unless the person has successfully complied with
18    the provisions of Section 6-109;
19        10. To any person convicted, within 12 months of
20    application for a license, of any of the sexual offenses
21    enumerated in paragraph 2 of subsection (b) of Section
22    6-205;
23        11. To any person who is under the age of 21 years with
24    a classification prohibited in paragraph (b) of Section
25    6-104 and to any person who is under the age of 18 years
26    with a classification prohibited in paragraph (c) of

 

 

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1    Section 6-104;
2        12. To any person who has been either convicted of or
3    adjudicated under the Juvenile Court Act of 1987 based upon
4    a violation of the Cannabis Control Act, the Illinois
5    Controlled Substances Act, or the Methamphetamine Control
6    and Community Protection Act while that person was in
7    actual physical control of a motor vehicle. For purposes of
8    this Section, any person placed on probation under Section
9    10 of the Cannabis Control Act, Section 410 of the Illinois
10    Controlled Substances Act, or Section 70 of the
11    Methamphetamine Control and Community Protection Act shall
12    not be considered convicted. Any person found guilty of
13    this offense, while in actual physical control of a motor
14    vehicle, shall have an entry made in the court record by
15    the judge that this offense did occur while the person was
16    in actual physical control of a motor vehicle and order the
17    clerk of the court to report the violation to the Secretary
18    of State as such. The Secretary of State shall not issue a
19    new license or permit for a period of one year;
20        13. To any person who is under the age of 18 years and
21    who has committed the offense of operating a motor vehicle
22    without a valid license or permit in violation of Section
23    6-101 or a similar out of state offense;
24        14. To any person who is 90 days or more delinquent in
25    court ordered child support payments or has been
26    adjudicated in arrears in an amount equal to 90 days'

 

 

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1    obligation or more and who has been found in contempt of
2    court for failure to pay the support, subject to the
3    requirements and procedures of Article VII of Chapter 7 of
4    the Illinois Vehicle Code;
5        14.5. To any person certified by the Illinois
6    Department of Healthcare and Family Services as being 90
7    days or more delinquent in payment of support under an
8    order of support entered by a court or administrative body
9    of this or any other State, subject to the requirements and
10    procedures of Article VII of Chapter 7 of this Code
11    regarding those certifications;
12        15. To any person released from a term of imprisonment
13    for violating Section 9-3 of the Criminal Code of 1961 or
14    the Criminal Code of 2012, or a similar provision of a law
15    of another state relating to reckless homicide or for
16    violating subparagraph (F) of paragraph (1) of subsection
17    (d) of Section 11-501 of this Code relating to aggravated
18    driving under the influence of alcohol, other drug or
19    drugs, intoxicating compound or compounds, or any
20    combination thereof, if the violation was the proximate
21    cause of a death, within 24 months of release from a term
22    of imprisonment;
23        16. To any person who, with intent to influence any act
24    related to the issuance of any driver's license or permit,
25    by an employee of the Secretary of State's Office, or the
26    owner or employee of any commercial driver training school

 

 

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1    licensed by the Secretary of State, or any other individual
2    authorized by the laws of this State to give driving
3    instructions or administer all or part of a driver's
4    license examination, promises or tenders to that person any
5    property or personal advantage which that person is not
6    authorized by law to accept. Any persons promising or
7    tendering such property or personal advantage shall be
8    disqualified from holding any class of driver's license or
9    permit for 120 consecutive days. The Secretary of State
10    shall establish by rule the procedures for implementing
11    this period of disqualification and the procedures by which
12    persons so disqualified may obtain administrative review
13    of the decision to disqualify;
14        17. To any person for whom the Secretary of State
15    cannot verify the accuracy of any information or
16    documentation submitted in application for a driver's
17    license;
18        18. To any person who has been adjudicated under the
19    Juvenile Court Act of 1987 based upon an offense that is
20    determined by the court to have been committed in
21    furtherance of the criminal activities of an organized
22    gang, as provided in Section 5-710 of that Act, and that
23    involved the operation or use of a motor vehicle or the use
24    of a driver's license or permit. The person shall be denied
25    a license or permit for the period determined by the court;
26    or

 

 

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1        19. To any person who holds a REAL ID compliant
2    identification card or REAL ID compliant Person with a
3    Disability Identification Card issued under the Illinois
4    Identification Card Act. Any such person may, at his or her
5    discretion, surrender the REAL ID compliant identification
6    card or REAL ID compliant Person with a Disability
7    Identification Card in order to become eligible to obtain a
8    REAL ID compliant driver's license.
9    The Secretary of State shall retain all conviction
10information, if the information is required to be held
11confidential under the Juvenile Court Act of 1987.
12(Source: P.A. 99-173, eff. 7-29-15; 99-511, eff. 1-1-17;
13100-248, eff. 8-22-17; 100-513, eff. 1-1-18; revised
1410-12-17.)
 
15    (625 ILCS 5/6-115)  (from Ch. 95 1/2, par. 6-115)
16    Sec. 6-115. Expiration of driver's license.
17    (a) Except as provided elsewhere in this Section, every
18driver's license issued under the provisions of this Code shall
19expire 4 years from the date of its issuance, or at such later
20date, as the Secretary of State may by proper rule and
21regulation designate, not to exceed 12 calendar months; in the
22event that an applicant for renewal of a driver's license fails
23to apply prior to the expiration date of the previous driver's
24license, the renewal driver's license shall expire 4 years from
25the expiration date of the previous driver's license, or at

 

 

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1such later date as the Secretary of State may by proper rule
2and regulation designate, not to exceed 12 calendar months.
3    The Secretary of State may, however, issue to a person not
4previously licensed as a driver in Illinois a driver's license
5which will expire not less than 4 years nor more than 5 years
6from date of issuance, except as provided elsewhere in this
7Section.
8    (a-5) Every driver's license issued under this Code to an
9applicant who is not a United States citizen or permanent
10resident shall be marked "Limited Term" and shall expire on
11whichever is the earlier date of the following:
12        (1) as provided under subsection (a), (f), (g), or (i)
13    of this Section; or
14        (2) on the date the applicant's authorized stay in the
15    United States terminates; or
16        (3) if the applicant's authorized stay is indefinite
17    and the applicant is applying for a Limited Term REAL ID
18    compliant driver's license, one year from the date of
19    issuance of the license.
20    (b) Before the expiration of a driver's license, except
21those licenses expiring on the individual's 21st birthday, or 3
22months after the individual's 21st birthday, the holder thereof
23may apply for a renewal thereof, subject to all the provisions
24of Section 6-103, and the Secretary of State may require an
25examination of the applicant. A licensee whose driver's license
26expires on his 21st birthday, or 3 months after his 21st

 

 

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1birthday, may not apply for a renewal of his driving privileges
2until he reaches the age of 21.
3    (c) The Secretary of State shall, 30 days prior to the
4expiration of a driver's license, forward to each person whose
5license is to expire a notification of the expiration of said
6license which may be presented at the time of renewal of said
7license.
8    There may be included with such notification information
9explaining the anatomical gift and Emergency Medical
10Information Card provisions of Section 6-110. The format and
11text of such information shall be prescribed by the Secretary.
12    There shall be included with such notification, for a
13period of 4 years beginning January 1, 2000 information
14regarding the Illinois Adoption Registry and Medical
15Information Exchange established in Section 18.1 of the
16Adoption Act.
17    (d) The Secretary may defer the expiration of the driver's
18license of a licensee, spouse, and dependent children who are
19living with such licensee while on active duty, serving in the
20Armed Forces of the United States outside of the State of
21Illinois, and 120 days thereafter, upon such terms and
22conditions as the Secretary may prescribe.
23    (d-5) The Secretary may defer the expiration of the
24driver's license of a licensee, or of a spouse or dependent
25children living with the licensee, serving as a civilian
26employee of the United States Armed Forces or the United States

 

 

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1Department of Defense, outside of the State of Illinois, and
2120 days thereafter, upon such terms and conditions as the
3Secretary may prescribe.
4    (e) The Secretary of State may decline to process a renewal
5of a driver's license of any person who has not paid any fee or
6tax due under this Code and is not paid upon reasonable notice
7and demand.
8    (f) The Secretary shall provide that each original or
9renewal driver's license issued to a licensee under 21 years of
10age shall expire 3 months after the licensee's 21st birthday.
11Persons whose current driver's licenses expire on their 21st
12birthday on or after January 1, 1986 shall not renew their
13driver's license before their 21st birthday, and their current
14driver's license will be extended for an additional term of 3
15months beyond their 21st birthday. Thereafter, the expiration
16and term of the driver's license shall be governed by
17subsection (a) hereof.
18    (g) The Secretary shall provide that each original or
19renewal driver's license issued to a licensee 81 years of age
20through age 86 shall expire 2 years from the date of issuance,
21or at such later date as the Secretary may by rule and
22regulation designate, not to exceed an additional 12 calendar
23months. The Secretary shall also provide that each original or
24renewal driver's license issued to a licensee 87 years of age
25or older shall expire 12 months from the date of issuance, or
26at such later date as the Secretary may by rule and regulation

 

 

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1designate, not to exceed an additional 12 calendar months.
2    (h) The Secretary of State shall provide that each special
3restricted driver's license issued under subsection (g) of
4Section 6-113 of this Code shall expire 12 months from the date
5of issuance. The Secretary shall adopt rules defining renewal
6requirements.
7    (i) The Secretary of State shall provide that each driver's
8license issued to a person convicted of a sex offense as
9defined in Section 2 of the Sex Offender Registration Act shall
10expire 12 months from the date of issuance or at such date as
11the Secretary may by rule designate, not to exceed an
12additional 12 calendar months. The Secretary may adopt rules
13defining renewal requirements.
14(Source: P.A. 99-118, eff. 1-1-16; 99-305, eff. 1-1-16; 99-642,
15eff. 7-28-16; 100-248, eff. 8-22-17; revised 10-10-17.)
 
16    (625 ILCS 5/7-216)  (from Ch. 95 1/2, par. 7-216)
17    Sec. 7-216. Reciprocity; residents and nonresidents;
18licensing Reciprocity - Residents and nonresidents - Licensing
19of nonresidents.
20    (a) When a nonresident's operating privilege is suspended
21pursuant to Section 7-205 the Secretary of State shall transmit
22a certified copy of the record of such action to the official
23in charge of the issuance of driver's license and registration
24certificates in the state in which such nonresident resides, if
25the law of such other state provides for action in relation

 

 

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1thereto similar to that provided for in subsection paragraph
2(b).
3    (b) Upon receipt of such certification that the operating
4privilege of a resident of this State has been suspended or
5revoked in any such other state pursuant to a law providing for
6its suspension or revocation for failure to deposit security
7for the payment of judgments arising out of a motor vehicle
8accident, or for failure to deposit security under
9circumstances which would require the Secretary of State to
10suspend a nonresident's operating privilege had the motor
11vehicle accident occurred in this State, the Secretary of State
12shall suspend the driver's license of such resident and all
13other registrations. Such suspension shall continue until such
14resident furnishes evidence of compliance with the law of such
15other state relating to the deposit of such security.
16    (c) In case the operator or the owner of a motor vehicle
17involved in a motor vehicle accident within this State has no
18driver's license or registration, such operator shall not be
19allowed a driver's license or registration until the operator
20has complied with the requirements of Sections 7-201 through
21thru 7-216 to the same extent that would be necessary if, at
22the time of the motor vehicle accident, such operator had held
23a license and registration.
24(Source: P.A. 83-831; revised 10-6-17.)
 
25    (625 ILCS 5/7-604)  (from Ch. 95 1/2, par. 7-604)

 

 

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1    Sec. 7-604. Verification of liability insurance policy.
2    (a) The Secretary of State may select random samples of
3registrations of motor vehicles subject to Section 7-601 of
4this Code, or owners thereof, for the purpose of verifying
5whether or not the motor vehicles are insured.
6    In addition to such general random samples of motor vehicle
7registrations, the Secretary may select for verification other
8random samples, including, but not limited to registrations of
9motor vehicles owned by persons:
10        (1) whose motor vehicle registrations during the
11    preceding 4 years have been suspended pursuant to Section
12    7-606 or 7-607 of this Code;
13        (2) who during the preceding 4 years have been
14    convicted of violating Section 3-707, 3-708, or 3-710 of
15    this Code while operating vehicles owned by other persons;
16        (3) whose driving privileges have been suspended
17    during the preceding 4 years;
18        (4) who during the preceding 4 years acquired ownership
19    of motor vehicles while the registrations of such vehicles
20    under the previous owners were suspended pursuant to
21    Section 7-606 or 7-607 of this Code; or
22        (5) who during the preceding 4 years have received a
23    disposition of supervision under subsection (c) of Section
24    5-6-1 of the Unified Code of Corrections for a violation of
25    Section 3-707, 3-708, or 3-710 of this Code.
26    (b) Upon receiving certification from the Department of

 

 

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1Transportation under Section 7-201.2 of this Code of the name
2of an owner or operator of any motor vehicle involved in an
3accident, the Secretary may verify whether or not at the time
4of the accident such motor vehicle was covered by a liability
5insurance policy in accordance with Section 7-601 of this Code.
6    (c) In preparation for selection of random samples and
7their verification, the Secretary may send to owners of
8randomly selected motor vehicles, or to randomly selected motor
9vehicle owners, requests for information about their motor
10vehicles and liability insurance coverage electronically or,
11if electronic means are unavailable, via U.S. mail. The request
12shall require the owner to state whether or not the motor
13vehicle was insured on the verification date stated in the
14Secretary's request and the request may require, but is not
15limited to, a statement by the owner of the names and addresses
16of insurers, policy numbers, and expiration dates of insurance
17coverage.
18    (d) Within 30 days after the Secretary sends a request
19under subsection (c) of this Section, the owner to whom it is
20sent shall furnish the requested information to the Secretary
21above the owner's signed affirmation that such information is
22true and correct. Proof of insurance in effect on the
23verification date, as prescribed by the Secretary, may be
24considered by the Secretary to be a satisfactory response to
25the request for information.
26    Any owner whose response indicates that his or her vehicle

 

 

HB5447 Enrolled- 1704 -LRB100 16294 AMC 31417 b

1was not covered by a liability insurance policy in accordance
2with Section 7-601 of this Code shall be deemed to have
3registered or maintained registration of a motor vehicle in
4violation of that Section. Any owner who fails to respond to
5such a request shall be deemed to have registered or maintained
6registration of a motor vehicle in violation of Section 7-601
7of this Code.
8    (e) If the owner responds to the request for information by
9asserting that his or her vehicle was covered by a liability
10insurance policy on the verification date stated in the
11Secretary's request, the Secretary may conduct a verification
12of the response by furnishing necessary information to the
13insurer named in the response. The insurer shall within 45 days
14inform the Secretary whether or not on the verification date
15stated the motor vehicle was insured by the insurer in
16accordance with Section 7-601 of this Code. The Secretary may
17by rule and regulation prescribe the procedures for
18verification.
19    (f) No random sample selected under this Section shall be
20categorized on the basis of race, color, religion, sex,
21national origin, ancestry, age, marital status, physical or
22mental disability, economic status, or geography.
23    (g) (Blank).
24    (h) This Section shall be inoperative upon of the effective
25date of the rules adopted by the Secretary to implement Section
267-603.5 of this Code.

 

 

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1(Source: P.A. 99-333, eff. 12-30-15 (see Section 15 of P.A.
299-483 for the effective date of changes made by P.A. 99-333);
399-737, eff. 8-5-16; 100-145, eff. 1-1-18; 100-373, eff.
41-1-18; revised 10-6-17.)
 
5    (625 ILCS 5/11-208)   (from Ch. 95 1/2, par. 11-208)
6    (Text of Section before amendment by P.A. 100-352)
7    Sec. 11-208. Powers of local authorities.
8    (a) The provisions of this Code shall not be deemed to
9prevent local authorities with respect to streets and highways
10under their jurisdiction and within the reasonable exercise of
11the police power from:
12        1. Regulating the standing or parking of vehicles,
13    except as limited by Sections 11-1306 and 11-1307 of this
14    Act;
15        2. Regulating traffic by means of police officers or
16    traffic control signals;
17        3. Regulating or prohibiting processions or
18    assemblages on the highways; and certifying persons to
19    control traffic for processions or assemblages;
20        4. Designating particular highways as one-way highways
21    and requiring that all vehicles thereon be moved in one
22    specific direction;
23        5. Regulating the speed of vehicles in public parks
24    subject to the limitations set forth in Section 11-604;
25        6. Designating any highway as a through highway, as

 

 

HB5447 Enrolled- 1706 -LRB100 16294 AMC 31417 b

1    authorized in Section 11-302, and requiring that all
2    vehicles stop before entering or crossing the same or
3    designating any intersection as a stop intersection or a
4    yield right-of-way intersection and requiring all vehicles
5    to stop or yield the right-of-way at one or more entrances
6    to such intersections;
7        7. Restricting the use of highways as authorized in
8    Chapter 15;
9        8. Regulating the operation of bicycles, low-speed
10    electric bicycles, and low-speed gas bicycles, and
11    requiring the registration and licensing of same,
12    including the requirement of a registration fee;
13        9. Regulating or prohibiting the turning of vehicles or
14    specified types of vehicles at intersections;
15        10. Altering the speed limits as authorized in Section
16    11-604;
17        11. Prohibiting U-turns;
18        12. Prohibiting pedestrian crossings at other than
19    designated and marked crosswalks or at intersections;
20        13. Prohibiting parking during snow removal operation;
21        14. Imposing fines in accordance with Section
22    11-1301.3 as penalties for use of any parking place
23    reserved for persons with disabilities, as defined by
24    Section 1-159.1, or veterans with disabilities by any
25    person using a motor vehicle not bearing registration
26    plates specified in Section 11-1301.1 or a special decal or

 

 

HB5447 Enrolled- 1707 -LRB100 16294 AMC 31417 b

1    device as defined in Section 11-1301.2 as evidence that the
2    vehicle is operated by or for a person with disabilities or
3    a veteran with a disability;
4        15. Adopting such other traffic regulations as are
5    specifically authorized by this Code; or
6        16. Enforcing the provisions of subsection (f) of
7    Section 3-413 of this Code or a similar local ordinance.
8    (b) No ordinance or regulation enacted under paragraph
9subsections 1, 4, 5, 6, 7, 9, 10, 11 or 13 of subsection
10paragraph (a) shall be effective until signs giving reasonable
11notice of such local traffic regulations are posted.
12    (c) The provisions of this Code shall not prevent any
13municipality having a population of 500,000 or more inhabitants
14from prohibiting any person from driving or operating any motor
15vehicle upon the roadways of such municipality with headlamps
16on high beam or bright.
17    (d) The provisions of this Code shall not be deemed to
18prevent local authorities within the reasonable exercise of
19their police power from prohibiting, on private property, the
20unauthorized use of parking spaces reserved for persons with
21disabilities.
22    (e) No unit of local government, including a home rule
23unit, may enact or enforce an ordinance that applies only to
24motorcycles if the principal purpose for that ordinance is to
25restrict the access of motorcycles to any highway or portion of
26a highway for which federal or State funds have been used for

 

 

HB5447 Enrolled- 1708 -LRB100 16294 AMC 31417 b

1the planning, design, construction, or maintenance of that
2highway. No unit of local government, including a home rule
3unit, may enact an ordinance requiring motorcycle users to wear
4protective headgear. Nothing in this subsection (e) shall
5affect the authority of a unit of local government to regulate
6motorcycles for traffic control purposes or in accordance with
7Section 12-602 of this Code. No unit of local government,
8including a home rule unit, may regulate motorcycles in a
9manner inconsistent with this Code. This subsection (e) is a
10limitation under subsection (i) of Section 6 of Article VII of
11the Illinois Constitution on the concurrent exercise by home
12rule units of powers and functions exercised by the State.
13    (e-5) The City of Chicago may enact an ordinance providing
14for a noise monitoring system upon any portion of the roadway
15known as Lake Shore Drive. Twelve months after the installation
16of the noise monitoring system, and any time after the first
17report as the City deems necessary, the City of Chicago shall
18prepare a noise monitoring report with the data collected from
19the system and shall, upon request, make the report available
20to the public. For purposes of this subsection (e-5), "noise
21monitoring system" means an automated noise monitor capable of
22recording noise levels 24 hours per day and 365 days per year
23with computer equipment sufficient to process the data.
24    (f) A municipality or county designated in Section 11-208.6
25may enact an ordinance providing for an automated traffic law
26enforcement system to enforce violations of this Code or a

 

 

HB5447 Enrolled- 1709 -LRB100 16294 AMC 31417 b

1similar provision of a local ordinance and imposing liability
2on a registered owner or lessee of a vehicle used in such a
3violation.
4    (g) A municipality or county, as provided in Section
511-1201.1, may enact an ordinance providing for an automated
6traffic law enforcement system to enforce violations of Section
711-1201 of this Code or a similar provision of a local
8ordinance and imposing liability on a registered owner of a
9vehicle used in such a violation.
10    (h) A municipality designated in Section 11-208.8 may enact
11an ordinance providing for an automated speed enforcement
12system to enforce violations of Article VI of Chapter 11 of
13this Code or a similar provision of a local ordinance.
14    (i) A municipality or county designated in Section 11-208.9
15may enact an ordinance providing for an automated traffic law
16enforcement system to enforce violations of Section 11-1414 of
17this Code or a similar provision of a local ordinance and
18imposing liability on a registered owner or lessee of a vehicle
19used in such a violation.
20(Source: P.A. 99-143, eff. 7-27-15; 100-209, eff. 1-1-18;
21100-257, eff. 8-22-17; revised 10-6-17.)
 
22    (Text of Section after amendment by P.A. 100-352)
23    Sec. 11-208. Powers of local authorities.
24    (a) The provisions of this Code shall not be deemed to
25prevent local authorities with respect to streets and highways

 

 

HB5447 Enrolled- 1710 -LRB100 16294 AMC 31417 b

1under their jurisdiction and within the reasonable exercise of
2the police power from:
3        1. Regulating the standing or parking of vehicles,
4    except as limited by Sections 11-1306 and 11-1307 of this
5    Act;
6        2. Regulating traffic by means of police officers or
7    traffic control signals;
8        3. Regulating or prohibiting processions or
9    assemblages on the highways; and certifying persons to
10    control traffic for processions or assemblages;
11        4. Designating particular highways as one-way highways
12    and requiring that all vehicles thereon be moved in one
13    specific direction;
14        5. Regulating the speed of vehicles in public parks
15    subject to the limitations set forth in Section 11-604;
16        6. Designating any highway as a through highway, as
17    authorized in Section 11-302, and requiring that all
18    vehicles stop before entering or crossing the same or
19    designating any intersection as a stop intersection or a
20    yield right-of-way intersection and requiring all vehicles
21    to stop or yield the right-of-way at one or more entrances
22    to such intersections;
23        7. Restricting the use of highways as authorized in
24    Chapter 15;
25        8. Regulating the operation of bicycles, low-speed
26    electric bicycles, and low-speed gas bicycles, and

 

 

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1    requiring the registration and licensing of same,
2    including the requirement of a registration fee;
3        9. Regulating or prohibiting the turning of vehicles or
4    specified types of vehicles at intersections;
5        10. Altering the speed limits as authorized in Section
6    11-604;
7        11. Prohibiting U-turns;
8        12. Prohibiting pedestrian crossings at other than
9    designated and marked crosswalks or at intersections;
10        13. Prohibiting parking during snow removal operation;
11        14. Imposing fines in accordance with Section
12    11-1301.3 as penalties for use of any parking place
13    reserved for persons with disabilities, as defined by
14    Section 1-159.1, or veterans with disabilities by any
15    person using a motor vehicle not bearing registration
16    plates specified in Section 11-1301.1 or a special decal or
17    device as defined in Section 11-1301.2 as evidence that the
18    vehicle is operated by or for a person with disabilities or
19    a veteran with a disability;
20        15. Adopting such other traffic regulations as are
21    specifically authorized by this Code; or
22        16. Enforcing the provisions of subsection (f) of
23    Section 3-413 of this Code or a similar local ordinance.
24    (b) No ordinance or regulation enacted under paragraph
25subsections 1, 4, 5, 6, 7, 9, 10, 11 or 13 of subsection
26paragraph (a) shall be effective until signs giving reasonable

 

 

HB5447 Enrolled- 1712 -LRB100 16294 AMC 31417 b

1notice of such local traffic regulations are posted.
2    (c) The provisions of this Code shall not prevent any
3municipality having a population of 500,000 or more inhabitants
4from prohibiting any person from driving or operating any motor
5vehicle upon the roadways of such municipality with headlamps
6on high beam or bright.
7    (d) The provisions of this Code shall not be deemed to
8prevent local authorities within the reasonable exercise of
9their police power from prohibiting, on private property, the
10unauthorized use of parking spaces reserved for persons with
11disabilities.
12    (e) No unit of local government, including a home rule
13unit, may enact or enforce an ordinance that applies only to
14motorcycles if the principal purpose for that ordinance is to
15restrict the access of motorcycles to any highway or portion of
16a highway for which federal or State funds have been used for
17the planning, design, construction, or maintenance of that
18highway. No unit of local government, including a home rule
19unit, may enact an ordinance requiring motorcycle users to wear
20protective headgear. Nothing in this subsection (e) shall
21affect the authority of a unit of local government to regulate
22motorcycles for traffic control purposes or in accordance with
23Section 12-602 of this Code. No unit of local government,
24including a home rule unit, may regulate motorcycles in a
25manner inconsistent with this Code. This subsection (e) is a
26limitation under subsection (i) of Section 6 of Article VII of

 

 

HB5447 Enrolled- 1713 -LRB100 16294 AMC 31417 b

1the Illinois Constitution on the concurrent exercise by home
2rule units of powers and functions exercised by the State.
3    (e-5) The City of Chicago may enact an ordinance providing
4for a noise monitoring system upon any portion of the roadway
5known as Lake Shore Drive. Twelve months after the installation
6of the noise monitoring system, and any time after the first
7report as the City deems necessary, the City of Chicago shall
8prepare a noise monitoring report with the data collected from
9the system and shall, upon request, make the report available
10to the public. For purposes of this subsection (e-5), "noise
11monitoring system" means an automated noise monitor capable of
12recording noise levels 24 hours per day and 365 days per year
13with computer equipment sufficient to process the data.
14    (e-10) (e-5) A unit of local government, including a home
15rule unit, may not enact an ordinance prohibiting the use of
16Automated Driving System equipped vehicles on its roadways.
17Nothing in this subsection (e-10) (e-5) shall affect the
18authority of a unit of local government to regulate Automated
19Driving System equipped vehicles for traffic control purposes.
20No unit of local government, including a home rule unit, may
21regulate Automated Driving System equipped vehicles in a manner
22inconsistent with this Code. For purposes of this subsection
23(e-10) (e-5), "Automated Driving System equipped vehicle"
24means any vehicle equipped with an Automated Driving System of
25hardware and software that are collectively capable of
26performing the entire dynamic driving task on a sustained

 

 

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1basis, regardless of whether it is limited to a specific
2operational domain. This subsection (e-10) (e-5) is a
3limitation under subsection (i) of Section 6 of Article VII of
4the Illinois Constitution on the concurrent exercise by home
5rule units of powers and functions exercised by the State.
6    (f) A municipality or county designated in Section 11-208.6
7may enact an ordinance providing for an automated traffic law
8enforcement system to enforce violations of this Code or a
9similar provision of a local ordinance and imposing liability
10on a registered owner or lessee of a vehicle used in such a
11violation.
12    (g) A municipality or county, as provided in Section
1311-1201.1, may enact an ordinance providing for an automated
14traffic law enforcement system to enforce violations of Section
1511-1201 of this Code or a similar provision of a local
16ordinance and imposing liability on a registered owner of a
17vehicle used in such a violation.
18    (h) A municipality designated in Section 11-208.8 may enact
19an ordinance providing for an automated speed enforcement
20system to enforce violations of Article VI of Chapter 11 of
21this Code or a similar provision of a local ordinance.
22    (i) A municipality or county designated in Section 11-208.9
23may enact an ordinance providing for an automated traffic law
24enforcement system to enforce violations of Section 11-1414 of
25this Code or a similar provision of a local ordinance and
26imposing liability on a registered owner or lessee of a vehicle

 

 

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1used in such a violation.
2(Source: P.A. 99-143, eff. 7-27-15; 100-209, eff. 1-1-18;
3100-257, eff. 8-22-17; 100-352, eff. 6-1-18; revised 10-6-17.)
 
4    (625 ILCS 5/12-503)  (from Ch. 95 1/2, par. 12-503)
5    Sec. 12-503. Windshields must be unobstructed and equipped
6with wipers.
7    (a) No person shall drive a motor vehicle with any sign,
8poster, window application, reflective material, nonreflective
9material or tinted film upon the front windshield, except that
10a nonreflective tinted film may be used along the uppermost
11portion of the windshield if such material does not extend more
12than 6 inches down from the top of the windshield.
13    (a-3) No new or used motor vehicle dealer shall permit a
14driver to drive a motor vehicle offered for sale or lease off
15the premises where the motor vehicle is being offered for sale
16or lease, including when the driver is test driving the
17vehicle, with signs, decals, paperwork, or other material on
18the front windshield or on the windows immediately adjacent to
19each side of the driver that would obstruct the driver's view
20in violation of subsection (a) of this Section. For purposes of
21this subsection (a-3), "test driving" means when a driver, with
22permission of the new or used vehicle dealer or employee of the
23new or used vehicle dealer, drives a vehicle owned and held for
24sale or lease by a new or used vehicle dealer that the driver
25is considering to purchase or lease.

 

 

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1    (a-5) No window treatment or tinting shall be applied to
2the windows immediately adjacent to each side of the driver,
3except:
4        (1) On vehicles where none of the windows to the rear
5    of the driver's seat are treated in a manner that allows
6    less than 30% light transmittance, a nonreflective tinted
7    film that allows at least 50% light transmittance, with a
8    5% variance observed by any law enforcement official
9    metering the light transmittance, may be used on the
10    vehicle windows immediately adjacent to each side of the
11    driver.
12        (2) On vehicles where none of the windows to the rear
13    of the driver's seat are treated in a manner that allows
14    less than 35% light transmittance, a nonreflective tinted
15    film that allows at least 35% light transmittance, with a
16    5% variance observed by any law enforcement official
17    metering the light transmittance, may be used on the
18    vehicle windows immediately adjacent to each side of the
19    driver.
20        (3) (Blank).
21        (4) On vehicles where a nonreflective smoked or tinted
22    glass that was originally installed by the manufacturer on
23    the windows to the rear of the driver's seat, a
24    nonreflective tint that allows at least 50% light
25    transmittance, with a 5% variance observed by a law
26    enforcement official metering the light transmittance, may

 

 

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1    be used on the vehicle windows immediately adjacent to each
2    side of the driver.
3    (a-10) No person shall install or repair any material
4prohibited by subsection (a) of this Section.
5        (1) Nothing in this subsection shall prohibit a person
6    from removing or altering any material prohibited by
7    subsection (a) to make a motor vehicle comply with the
8    requirements of this Section.
9        (2) Nothing in this subsection shall prohibit a person
10    from installing window treatment for a person with a
11    medical condition described in subsection (g) of this
12    Section. An installer who installs window treatment for a
13    person with a medical condition described in subsection (g)
14    must obtain a copy of the certified statement or letter
15    written by a physician described in subsection (g) from the
16    person with the medical condition prior to installing the
17    window treatment. The copy of the certified statement or
18    letter must be kept in the installer's permanent records.
19    (b) On motor vehicles where window treatment has not been
20applied to the windows immediately adjacent to each side of the
21driver, the use of a perforated window screen or other
22decorative window application on windows to the rear of the
23driver's seat shall be allowed.
24    (b-5) Any motor vehicle with a window to the rear of the
25driver's seat treated in this manner shall be equipped with a
26side mirror on each side of the motor vehicle which are in

 

 

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1conformance with Section 12-502.
2    (c) No person shall drive a motor vehicle with any objects
3placed or suspended between the driver and the front
4windshield, rear window, side wings or side windows immediately
5adjacent to each side of the driver which materially obstructs
6the driver's view.
7    (d) Every motor vehicle, except motorcycles, shall be
8equipped with a device, controlled by the driver, for cleaning
9rain, snow, moisture or other obstructions from the windshield;
10and no person shall drive a motor vehicle with snow, ice,
11moisture or other material on any of the windows or mirrors,
12which materially obstructs the driver's clear view of the
13highway.
14    (e) No person shall drive a motor vehicle when the
15windshield, side or rear windows are in such defective
16condition or repair as to materially impair the driver's view
17to the front, side or rear. A vehicle equipped with a side
18mirror on each side of the vehicle which are in conformance
19with Section 12-502 will be deemed to be in compliance in the
20event the rear window of the vehicle is materially obscured.
21    (f) Subsections Paragraphs (a), (a-5), (b), and (b-5) of
22this Section shall not apply to:
23        (1) (Blank).
24        (2) those motor vehicles properly registered in
25    another jurisdiction.
26    (g) Subsections Paragraphs (a) and (a-5) of this Section

 

 

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1shall not apply to window treatment, including, but not limited
2to, a window application, nonreflective material, or tinted
3film, applied or affixed to a motor vehicle for which
4distinctive license plates or license plate stickers have been
5issued pursuant to subsection (k) of Section 3-412 of this
6Code, and which:
7        (1) is owned and operated by a person afflicted with or
8    suffering from a medical disease, including, but not
9    limited to, systemic or discoid lupus erythematosus,
10    disseminated superficial actinic porokeratosis, or
11    albinism, which would require that person to be shielded
12    from the direct rays of the sun; or
13        (2) is used in transporting a person when the person
14    resides at the same address as the registered owner of the
15    vehicle and the person is afflicted with or suffering from
16    a medical disease which would require the person to be
17    shielded from the direct rays of the sun, including, but
18    not limited to, systemic or discoid lupus erythematosus,
19    disseminated superficial actinic porokeratosis, or
20    albinism.
21        The owner must obtain a certified statement or letter
22    written by a physician licensed to practice medicine in
23    Illinois that such person owning and operating or being
24    transported in a motor vehicle is afflicted with or suffers
25    from such disease, including, but not limited to, systemic
26    or discoid lupus erythematosus, disseminated superficial

 

 

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1    actinic porokeratosis, or albinism. However, no exemption
2    from the requirements of subsection (a-5) shall be granted
3    for any condition, such as light sensitivity, for which
4    protection from the direct rays of the sun can be
5    adequately obtained by the use of sunglasses or other eye
6    protective devices.
7        Such certification must be carried in the motor vehicle
8    at all times. The certification shall be legible and shall
9    contain the date of issuance, the name, address and
10    signature of the attending physician, and the name,
11    address, and medical condition of the person requiring
12    exemption. The information on the certificate for a window
13    treatment must remain current and shall be renewed every 4
14    years by the attending physician. The owner shall also
15    submit a copy of the certification to the Secretary of
16    State. The Secretary of State may forward notice of
17    certification to law enforcement agencies.
18    (g-5) (Blank).
19    (g-7) Installers shall only install window treatment
20authorized by subsection (g) on motor vehicles for which
21distinctive plates or license plate stickers have been issued
22pursuant to subsection (k) of Section 3-412 of this Code. The
23distinctive license plates or plate sticker must be on the
24motor vehicle at the time of window treatment installation.
25    (h) Subsection Paragraph (a) of this Section shall not
26apply to motor vehicle stickers or other certificates issued by

 

 

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1State or local authorities which are required to be displayed
2upon motor vehicle windows to evidence compliance with
3requirements concerning motor vehicles.
4    (i) (Blank).
5    (j) A person found guilty of violating subsection
6paragraphs (a), (a-3), (a-5), (a-10), (b), (b-5), or (g-7) of
7this Section shall be guilty of a petty offense and fined no
8less than $50 nor more than $500. A second or subsequent
9violation of subsection paragraphs (a), (a-3), (a-5), (a-10),
10(b), (b-5), or (g-7) of this Section shall be treated as a
11Class C misdemeanor and the violator fined no less than $100
12nor more than $500. Any person convicted under subsection
13paragraphs (a), (a-5), (b), or (b-5) of this Section shall be
14ordered to alter any nonconforming windows into compliance with
15this Section.
16    (k) Except as provided in subsection (a-3) of this Section,
17nothing in this Section shall create a cause of action on
18behalf of a buyer against a vehicle dealer or manufacturer who
19sells a motor vehicle with a window which is in violation of
20this Section.
21    (l) The Secretary of State shall provide a notice of the
22requirements of this Section to a new resident applying for
23vehicle registration in this State pursuant to Section 3-801 of
24this Code. The Secretary of State may comply with this
25subsection by posting the requirements of this Section on the
26Secretary of State's website.

 

 

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1    (m) A home rule unit may not regulate motor vehicles in a
2manner inconsistent with this Section. This Section is a
3limitation under subsection (i) of Section 6 of Article VII of
4the Illinois Constitution on the concurrent exercise by home
5rule units of powers and functions exercised by the State.
6(Source: P.A. 100-346, eff. 1-1-18; revised 10-12-17.)
 
7    (625 ILCS 5/12-601)  (from Ch. 95 1/2, par. 12-601)
8    Sec. 12-601. Horns and warning devices.
9    (a) Every motor vehicle when operated upon a highway shall
10be equipped with a horn in good working order and capable of
11emitting sound audible under normal conditions from a distance
12of not less than 200 feet, but no horn or other warning device
13shall emit an unreasonable loud or harsh sound or a whistle.
14The driver of a motor vehicle shall when reasonably necessary
15to insure safe operation give audible warning with his horn but
16shall not otherwise use such horn when upon a highway.
17    (b) No vehicle shall be equipped with nor shall any person
18use upon a vehicle any siren, whistle, or bell, except as
19otherwise permitted in this Section section. Any authorized
20emergency vehicle or organ transport vehicle as defined in
21Chapter 1 of this Code or a vehicle operated by a fire chief or
22the Director or Coordinator of a municipal or county emergency
23services and disaster agency, may be equipped with a siren,
24whistle, or bell, capable of emitting sound audible under
25normal conditions from a distance of not less than 500 feet,

 

 

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1but such siren, whistle, or bell, shall not be used except when
2such vehicle is operated in response to an emergency call or in
3the immediate pursuit of an actual or suspected violator of the
4law in either of which events the driver of such vehicle shall
5sound such siren, whistle, or bell, when necessary to warn
6pedestrians and other drivers of the approach thereof.
7    (c) Trackless trolley coaches, as defined by Section 1-206
8of this Code, and replica trolleys, as defined by Section
91-171.04 of this Code, may be equipped with a bell or bells in
10lieu of a horn, and may, in addition to the requirements of
11subsection paragraph (a) of this Section, use a bell or bells
12for the purpose of indicating arrival or departure at
13designated stops during the hours of scheduled operation.
14(Source: P.A. 100-182, eff. 1-1-18; revised 10-6-17.)
 
15    (625 ILCS 5/12-606)  (from Ch. 95 1/2, par. 12-606)
16    Sec. 12-606. Tow trucks; Tow-trucks; identification;
17equipment; insurance.
18    (a) Every tow truck tow-truck, except those owned by
19governmental agencies, shall have displayed on each side
20thereof, a sign with letters not less than 2 inches in height,
21contrasting in color to that of the background, stating the
22full legal name, complete address (including street address and
23city), and telephone number of the owner or operator thereof.
24This information shall be permanently affixed to the sides of
25the tow truck.

 

 

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1    (b) Every tow truck tow-truck shall be equipped with:
2        (1) One or more brooms and shovels;
3        (2) One or more trash cans of at least 5 gallon
4    capacity; and
5        (3) One fire extinguisher. This extinguisher shall be
6    either:
7            (i) of the dry chemical or carbon dioxide type with
8        an aggregate rating of at least 4-B, C units, and
9        bearing the approval of a laboratory qualified by the
10        Division of Fire Prevention for this purpose; or
11            (ii) One that meets the requirements of the Federal
12        Motor Carrier Safety Regulations of the United States
13        Department of Transportation for fire extinguishers on
14        commercial motor vehicles.
15    (c) Every owner or operator and driver of a tow truck
16tow-truck shall comply with Section 11-1413 of this Code Act
17and shall remove or cause to be removed all glass and debris,
18except any (i) hazardous substance as defined in Section 3.215
19of the Environmental Protection Act, (ii) hazardous waste as
20defined in Section 3.220 of the Environmental Protection Act,
21and (iii) medical samples or waste, including but not limited
22to any blood samples, used syringes, other used medical
23supplies, or any other potentially infectious medical waste as
24defined in Section 3.360 of the Environmental Protection Act,
25deposited upon any street or highway by the disabled vehicle
26being serviced, and shall in addition, spread dirt or sand or

 

 

HB5447 Enrolled- 1725 -LRB100 16294 AMC 31417 b

1oil absorbent upon that portion of any street or highway where
2oil or grease has been deposited by the disabled vehicle being
3serviced.
4    (d) Every tow truck tow-truck operator shall in addition
5file an indemnity bond, insurance policy, or other proof of
6insurance in a form to be prescribed by the Secretary for:
7garagekeepers liability insurance, in an amount no less than a
8combined single limit of $500,000, and truck (auto) liability
9insurance in an amount no less than a combined single limit of
10$500,000, on hook coverage or garagekeepers coverage in an
11amount of no less than $25,000 which shall indemnify or insure
12the tow truck tow-truck operator for the following:
13        (1) Bodily injury or damage to the property of others.
14        (2) Damage to any vehicle towed by the tower.
15        (3) In case of theft, loss of, or damage to any vehicle
16    stored, garagekeepers legal liability coverage in an
17    amount of no less than $25,000.
18        (4) In case of injury to or occupational illness of the
19    tow truck driver or helper, workers compensation insurance
20    meeting the minimum requirements of the Workers'
21    Compensation Act.
22    Any such bond or policy shall be issued only by a bonding
23or insuring firm authorized to do business as such in the State
24of Illinois, and a certificate of such bond or policy shall be
25carried in the cab of each tow truck tow-truck.
26    (e) The bond or policy required in subsection (d) shall

 

 

HB5447 Enrolled- 1726 -LRB100 16294 AMC 31417 b

1provide that the insurance carrier may cancel it by serving
2previous notice, as required by Sections 143.14 and 143.16 of
3the Illinois Insurance Code, in writing, either personally or
4by registered mail, upon the owner or operator of the motor
5vehicle and upon the Secretary of State. Whenever any such bond
6or policy shall be so cancelled, the Secretary of State shall
7mark the policy "Cancelled" and shall require such owner or
8operator either to furnish a new bond or policy, in accordance
9with this Act.
10(Source: P.A. 92-574, eff. 6-26-02; revised 10-6-17.)
 
11    (625 ILCS 5/12-806)  (from Ch. 95 1/2, par. 12-806)
12    Sec. 12-806. Identification, stop signal arms and special
13lighting when not used as a school bus.
14    (a) Except as provided in Section 12-806a, whenever a
15school bus is operated for the purpose of transporting
16passengers other than persons in connection with an activity of
17the school or religious organization which owns the school bus
18or for which the school bus is operated, the "SCHOOL BUS" signs
19shall be covered or concealed and the stop signal arm and
20flashing signal system shall not be operable through normal
21controls.
22    (b) If a school district, religious organization, vendor of
23school buses busses, or school bus company whose main source of
24income is contracting with a school district or religious
25organization for the provision of transportation services in

 

 

HB5447 Enrolled- 1727 -LRB100 16294 AMC 31417 b

1connection with the activities of a school district or
2religious organization, discards through either sale or
3donation, a school bus to an individual or entity that is not
4one of the aforementioned entities above, then the recipient of
5such school bus shall be responsible for immediately removing,
6covering, or concealing the "SCHOOL BUS" signs and any other
7insignia or words indicating the vehicle is a school bus,
8rendering inoperable or removing entirely the stop signal arm
9and flashing signal system, and painting the school bus a
10different color from those under Section 12-801 of this Code.
11(Source: P.A. 100-277, eff. 1-1-18; revised 10-5-17.)
 
12    (625 ILCS 5/12-825)
13    Sec. 12-825. Extracurricular Extra-curricular activities;
14passengers.
15    (a) Each school bus operated by a public or private primary
16or secondary school transporting students enrolled in grade 12
17or below for a school related athletic event or other school
18approved extracurricular activity shall be registered under
19subsection (a) of Section 3-808 of this Code, comply with
20school bus driver permit requirements under Section 6-104 of
21this Code, comply with the minimum liability insurance
22requirements under Section 12-707.01 of this Code, and comply
23with special requirements pertaining to school buses under this
24Chapter.
25    (b) Each school bus that operates under subsection (a) of

 

 

HB5447 Enrolled- 1728 -LRB100 16294 AMC 31417 b

1this Section may be used for the transportation of passengers
2other than students enrolled in grade 12 or below for
3activities that do not involve either a public or private
4educational institution if the school bus driver or school bus
5owner complies with Section 12-806 of this Code and the "SCHOOL
6BUS" sign under Section 12-802 of this Code is either removed
7or obscured so that it is not visible to other motorists.
8(Source: P.A. 100-241, eff. 1-1-18; revised 10-5-17.)
 
9    (625 ILCS 5/15-301)  (from Ch. 95 1/2, par. 15-301)
10    Sec. 15-301. Permits for excess size and weight.
11    (a) The Department with respect to highways under its
12jurisdiction and local authorities with respect to highways
13under their jurisdiction may, in their discretion, upon
14application and good cause being shown therefor, issue a
15special permit authorizing the applicant to operate or move a
16vehicle or combination of vehicles of a size or weight of
17vehicle or load exceeding the maximum specified in this Act or
18otherwise not in conformity with this Act upon any highway
19under the jurisdiction of the party granting such permit and
20for the maintenance of which the party is responsible.
21Applications and permits other than those in written or printed
22form may only be accepted from and issued to the company or
23individual making the movement. Except for an application to
24move directly across a highway, it shall be the duty of the
25applicant to establish in the application that the load to be

 

 

HB5447 Enrolled- 1729 -LRB100 16294 AMC 31417 b

1moved by such vehicle or combination cannot reasonably be
2dismantled or disassembled, the reasonableness of which shall
3be determined by the Secretary of the Department. For the
4purpose of over length movements, more than one object may be
5carried side by side as long as the height, width, and weight
6laws are not exceeded and the cause for the over length is not
7due to multiple objects. For the purpose of over height
8movements, more than one object may be carried as long as the
9cause for the over height is not due to multiple objects and
10the length, width, and weight laws are not exceeded. For the
11purpose of an over width movement, more than one object may be
12carried as long as the cause for the over width is not due to
13multiple objects and length, height, and weight laws are not
14exceeded. Except for transporting fluid milk products, no State
15or local agency shall authorize the issuance of excess size or
16weight permits for vehicles and loads that are divisible and
17that can be carried, when divided, within the existing size or
18weight maximums specified in this Chapter. Any excess size or
19weight permit issued in violation of the provisions of this
20Section shall be void at issue and any movement made thereunder
21shall not be authorized under the terms of the void permit. In
22any prosecution for a violation of this Chapter when the
23authorization of an excess size or weight permit is at issue,
24it is the burden of the defendant to establish that the permit
25was valid because the load to be moved could not reasonably be
26dismantled or disassembled, or was otherwise nondivisible.

 

 

HB5447 Enrolled- 1730 -LRB100 16294 AMC 31417 b

1    (b) The application for any such permit shall: (1) state
2whether such permit is requested for a single trip or for
3limited continuous operation; (2) state if the applicant is an
4authorized carrier under the Illinois Motor Carrier of Property
5Law, if so, his certificate, registration or permit number
6issued by the Illinois Commerce Commission; (3) specifically
7describe and identify the vehicle or vehicles and load to be
8operated or moved except that for vehicles or vehicle
9combinations registered by the Department as provided in
10Section 15-319 of this Chapter, only the Illinois Department of
11Transportation's (IDT) registration number or classification
12need be given; (4) state the routing requested including the
13points of origin and destination, and may identify and include
14a request for routing to the nearest certified scale in
15accordance with the Department's rules and regulations,
16provided the applicant has approval to travel on local roads;
17and (5) state if the vehicles or loads are being transported
18for hire. No permits for the movement of a vehicle or load for
19hire shall be issued to any applicant who is required under the
20Illinois Motor Carrier of Property Law to have a certificate,
21registration or permit and does not have such certificate,
22registration or permit.
23    (c) The Department or local authority when not inconsistent
24with traffic safety is authorized to issue or withhold such
25permit at its discretion; or, if such permit is issued at its
26discretion to prescribe the route or routes to be traveled, to

 

 

HB5447 Enrolled- 1731 -LRB100 16294 AMC 31417 b

1limit the number of trips, to establish seasonal or other time
2limitations within which the vehicles described may be operated
3on the highways indicated, or otherwise to limit or prescribe
4conditions of operations of such vehicle or vehicles, when
5necessary to assure against undue damage to the road
6foundations, surfaces or structures, and may require such
7undertaking or other security as may be deemed necessary to
8compensate for any injury to any roadway or road structure. The
9Department shall maintain a daily record of each permit issued
10along with the fee and the stipulated dimensions, weights,
11conditions and restrictions authorized and this record shall be
12presumed correct in any case of questions or dispute. The
13Department shall install an automatic device for recording
14applications received and permits issued by telephone. In
15making application by telephone, the Department and applicant
16waive all objections to the recording of the conversation.
17    (d) The Department shall, upon application in writing from
18any local authority, issue an annual permit authorizing the
19local authority to move oversize highway construction,
20transportation, utility and maintenance equipment over roads
21under the jurisdiction of the Department. The permit shall be
22applicable only to equipment and vehicles owned by or
23registered in the name of the local authority, and no fee shall
24be charged for the issuance of such permits.
25    (e) As an exception to subsection paragraph (a) of this
26Section, the Department and local authorities, with respect to

 

 

HB5447 Enrolled- 1732 -LRB100 16294 AMC 31417 b

1highways under their respective jurisdictions, in their
2discretion and upon application in writing may issue a special
3permit for limited continuous operation, authorizing the
4applicant to move loads of agricultural commodities on a 2-axle
52 axle single vehicle registered by the Secretary of State with
6axle loads not to exceed 35%, on a 3-axle or 4-axle 3 or 4 axle
7vehicle registered by the Secretary of State with axle loads
8not to exceed 20%, and on a 5-axle 5 axle vehicle registered by
9the Secretary of State not to exceed 10% above those provided
10in Section 15-111. The total gross weight of the vehicle,
11however, may not exceed the maximum gross weight of the
12registration class of the vehicle allowed under Section 3-815
13or 3-818 of this Code.
14    As used in this Section, "agricultural commodities" means:
15        (1) cultivated plants or agricultural produce grown
16    including, but is not limited to, corn, soybeans, wheat,
17    oats, grain sorghum, canola, and rice;
18        (2) livestock, including, but not limited to, hogs,
19    equine, sheep, and poultry;
20        (3) ensilage; and
21        (4) fruits and vegetables.
22    Permits may be issued for a period not to exceed 40 days
23and moves may be made of a distance not to exceed 50 miles from
24a field, an on-farm grain storage facility, a warehouse as
25defined in the Illinois Grain Code, or a livestock management
26facility as defined in the Livestock Management Facilities Act

 

 

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1over any highway except the National System of Interstate and
2Defense Highways. The operator of the vehicle, however, must
3abide by posted bridge and posted highway weight limits. All
4implements of husbandry operating under this Section between
5sunset and sunrise shall be equipped as prescribed in Section
612-205.1.
7    (e-1) Upon a declaration by the Governor that an emergency
8harvest situation exists, a special permit issued by the
9Department under this Section shall be required from September
101 through December 31 during harvest season emergencies for a
11vehicle that exceeds the maximum axle weight and gross weight
12limits under Section 15-111 of this Code or exceeds the
13vehicle's registered gross weight, provided that the vehicle's
14axle weight and gross weight do not exceed 10% above the
15maximum limits under Section 15-111 of this Code and does not
16exceed the vehicle's registered gross weight by 10%. All other
17restrictions that apply to permits issued under this Section
18shall apply during the declared time period and no fee shall be
19charged for the issuance of those permits. Permits issued by
20the Department under this subsection (e-1) are only valid on
21federal and State highways under the jurisdiction of the
22Department, except interstate highways. With respect to
23highways under the jurisdiction of local authorities, the local
24authorities may, at their discretion, waive special permit
25requirements during harvest season emergencies, and set a
26divisible load weight limit not to exceed 10% above a vehicle's

 

 

HB5447 Enrolled- 1734 -LRB100 16294 AMC 31417 b

1registered gross weight, provided that the vehicle's axle
2weight and gross weight do not exceed 10% above the maximum
3limits specified in Section 15-111. Permits issued under this
4subsection (e-1) shall apply to all registered vehicles
5eligible to obtain permits under this Section, including
6vehicles used in private or for-hire movement of divisible load
7agricultural commodities during the declared time period.
8    (f) The form and content of the permit shall be determined
9by the Department with respect to highways under its
10jurisdiction and by local authorities with respect to highways
11under their jurisdiction. Every permit shall be in written form
12and carried in the vehicle or combination of vehicles to which
13it refers and shall be open to inspection by any police officer
14or authorized agent of any authority granting the permit and no
15person shall violate any of the terms or conditions of such
16special permit. Violation of the terms and conditions of the
17permit shall not be deemed a revocation of the permit; however,
18any vehicle and load found to be off the route prescribed in
19the permit shall be held to be operating without a permit. Any
20off route vehicle and load shall be required to obtain a new
21permit or permits, as necessary, to authorize the movement back
22onto the original permit routing. No rule or regulation, nor
23anything herein shall be construed to authorize any police
24officer, court, or authorized agent of any authority granting
25the permit to remove the permit from the possession of the
26permittee unless the permittee is charged with a fraudulent

 

 

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1permit violation as provided in subsection paragraph (i).
2However, upon arrest for an offense of violation of permit,
3operating without a permit when the vehicle is off route, or
4any size or weight offense under this Chapter when the
5permittee plans to raise the issuance of the permit as a
6defense, the permittee, or his agent, must produce the permit
7at any court hearing concerning the alleged offense.
8    If the permit designates and includes a routing to a
9certified scale, the permittee, while enroute to the designated
10scale, shall be deemed in compliance with the weight provisions
11of the permit provided the axle or gross weights do not exceed
12any of the permitted limits by more than the following amounts:
13        Single axle               2000 pounds
14        Tandem axle               3000 pounds
15        Gross                     5000 pounds
16    (g) The Department is authorized to adopt, amend, and to
17make available to interested persons a policy concerning
18reasonable rules, limitations and conditions or provisions of
19operation upon highways under its jurisdiction in addition to
20those contained in this Section for the movement by special
21permit of vehicles, combinations, or loads which cannot
22reasonably be dismantled or disassembled, including
23manufactured and modular home sections and portions thereof.
24All rules, limitations and conditions or provisions adopted in
25the policy shall have due regard for the safety of the
26traveling public and the protection of the highway system and

 

 

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1shall have been promulgated in conformity with the provisions
2of the Illinois Administrative Procedure Act. The requirements
3of the policy for flagmen and escort vehicles shall be the same
4for all moves of comparable size and weight. When escort
5vehicles are required, they shall meet the following
6requirements:
7        (1) All operators shall be 18 years of age or over and
8    properly licensed to operate the vehicle.
9        (2) Vehicles escorting oversized loads more than
10    12-feet wide must be equipped with a rotating or flashing
11    amber light mounted on top as specified under Section
12    12-215.
13    The Department shall establish reasonable rules and
14regulations regarding liability insurance or self insurance
15for vehicles with oversized loads promulgated under the
16Illinois Administrative Procedure Act. Police vehicles may be
17required for escort under circumstances as required by rules
18and regulations of the Department.
19    (h) Violation of any rule, limitation or condition or
20provision of any permit issued in accordance with the
21provisions of this Section shall not render the entire permit
22null and void but the violator shall be deemed guilty of
23violation of permit and guilty of exceeding any size, weight or
24load limitations in excess of those authorized by the permit.
25The prescribed route or routes on the permit are not mere
26rules, limitations, conditions, or provisions of the permit,

 

 

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1but are also the sole extent of the authorization granted by
2the permit. If a vehicle and load are found to be off the route
3or routes prescribed by any permit authorizing movement, the
4vehicle and load are operating without a permit. Any off-route
5off route movement shall be subject to the size and weight
6maximums, under the applicable provisions of this Chapter, as
7determined by the type or class highway upon which the vehicle
8and load are being operated.
9    (i) Whenever any vehicle is operated or movement made under
10a fraudulent permit the permit shall be void, and the person,
11firm, or corporation to whom such permit was granted, the
12driver of such vehicle in addition to the person who issued
13such permit and any accessory, shall be guilty of fraud and
14either one or all persons may be prosecuted for such violation.
15Any person, firm, or corporation committing such violation
16shall be guilty of a Class 4 felony and the Department shall
17not issue permits to the person, firm or corporation convicted
18of such violation for a period of one year after the date of
19conviction. Penalties for violations of this Section shall be
20in addition to any penalties imposed for violation of other
21Sections of this Code Act.
22    (j) Whenever any vehicle is operated or movement made in
23violation of a permit issued in accordance with this Section,
24the person to whom such permit was granted, or the driver of
25such vehicle, is guilty of such violation and either, but not
26both, persons may be prosecuted for such violation as stated in

 

 

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1this subsection (j). Any person, firm or corporation convicted
2of such violation shall be guilty of a petty offense and shall
3be fined for the first offense, not less than $50 nor more than
4$200 and, for the second offense by the same person, firm or
5corporation within a period of one year, not less than $200 nor
6more than $300 and, for the third offense by the same person,
7firm or corporation within a period of one year after the date
8of the first offense, not less than $300 nor more than $500 and
9the Department shall not issue permits to the person, firm or
10corporation convicted of a third offense during a period of one
11year after the date of conviction for such third offense.
12    (k) Whenever any vehicle is operated on local roads under
13permits for excess width or length issued by local authorities,
14such vehicle may be moved upon a State highway for a distance
15not to exceed one-half mile without a permit for the purpose of
16crossing the State highway.
17    (l) Notwithstanding any other provision of this Section,
18the Department, with respect to highways under its
19jurisdiction, and local authorities, with respect to highways
20under their jurisdiction, may at their discretion authorize the
21movement of a vehicle in violation of any size or weight
22requirement, or both, that would not ordinarily be eligible for
23a permit, when there is a showing of extreme necessity that the
24vehicle and load should be moved without unnecessary delay.
25    For the purpose of this subsection, showing of extreme
26necessity shall be limited to the following: shipments of

 

 

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1livestock, hazardous materials, liquid concrete being hauled
2in a mobile cement mixer, or hot asphalt.
3    (m) Penalties for violations of this Section shall be in
4addition to any penalties imposed for violating any other
5Section of this Code.
6    (n) The Department with respect to highways under its
7jurisdiction and local authorities with respect to highways
8under their jurisdiction, in their discretion and upon
9application in writing, may issue a special permit for
10continuous limited operation, authorizing the applicant to
11operate a tow truck tow-truck that exceeds the weight limits
12provided for in subsection (a) of Section 15-111, provided:
13        (1) no rear single axle of the tow truck tow-truck
14    exceeds 26,000 pounds;
15        (2) no rear tandem axle of the tow truck tow-truck
16    exceeds 50,000 pounds;
17        (2.1) no triple rear axle on a manufactured recovery
18    unit exceeds 60,000 pounds;
19        (3) neither the disabled vehicle nor the disabled
20    combination of vehicles exceed the weight restrictions
21    imposed by this Chapter 15, or the weight limits imposed
22    under a permit issued by the Department prior to hookup;
23        (4) the tow truck tow-truck prior to hookup does not
24    exceed the weight restrictions imposed by this Chapter 15;
25        (5) during the tow operation the tow truck tow-truck
26    does not violate any weight restriction sign;

 

 

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1        (6) the tow truck tow-truck is equipped with flashing,
2    rotating, or oscillating amber lights, visible for at least
3    500 feet in all directions;
4        (7) the tow truck tow-truck is specifically designed
5    and licensed as a tow truck tow-truck;
6        (8) the tow truck tow-truck has a gross vehicle weight
7    rating of sufficient capacity to safely handle the load;
8        (9) the tow truck tow-truck is equipped with air
9    brakes;
10        (10) the tow truck tow-truck is capable of utilizing
11    the lighting and braking systems of the disabled vehicle or
12    combination of vehicles;
13        (11) the tow commences at the initial point of wreck or
14    disablement and terminates at a point where the repairs are
15    actually to occur;
16        (12) the permit issued to the tow truck tow-truck is
17    carried in the tow truck tow-truck and exhibited on demand
18    by a police officer; and
19        (13) the movement shall be valid only on State state
20    routes approved by the Department.
21    (o) (Blank).
22    (p) In determining whether a load may be reasonably
23dismantled or disassembled for the purpose of subsection
24paragraph (a), the Department shall consider whether there is a
25significant negative impact on the condition of the pavement
26and structures along the proposed route, whether the load or

 

 

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1vehicle as proposed causes a safety hazard to the traveling
2public, whether dismantling or disassembling the load promotes
3or stifles economic development and whether the proposed route
4travels less than 5 miles. A load is not required to be
5dismantled or disassembled for the purposes of subsection
6paragraph (a) if the Secretary of the Department determines
7there will be no significant negative impact to pavement or
8structures along the proposed route, the proposed load or
9vehicle causes no safety hazard to the traveling public,
10dismantling or disassembling the load does not promote economic
11development and the proposed route travels less than 5 miles.
12The Department may promulgate rules for the purpose of
13establishing the divisibility of a load pursuant to subsection
14paragraph (a). Any load determined by the Secretary to be
15nondivisible shall otherwise comply with the existing size or
16weight maximums specified in this Chapter.
17(Source: P.A. 99-717, eff. 8-5-16; 100-70, eff. 8-11-17;
18revised 10-12-17.)
 
19    (625 ILCS 5/15-308.2)
20    Sec. 15-308.2. Fees for special permits for tow trucks
21tow-trucks. The fee for a special permit to operate a tow truck
22tow-truck pursuant to subsection (n) of Section 15-301 is $50
23quarterly and $200 annually.
24(Source: P.A. 93-1023, eff. 8-25-04; revised 10-5-17.)
 

 

 

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1    Section 550. The Boat Registration and Safety Act is
2amended by changing Sections 3-1 and 4-1 as follows:
 
3    (625 ILCS 45/3-1)  (from Ch. 95 1/2, par. 313-1)
4    (Text of Section before amendment by P.A. 100-469)
5    Sec. 3-1. Unlawful operation of unnumbered watercraft.
6Every watercraft other than non-powered watercraft on waters
7within the jurisdiction of this State shall be numbered. No
8person may operate or give permission for the operation of any
9such watercraft on such waters unless the watercraft is
10numbered in accordance with this Act, or in accordance with
11applicable federal Federal law, or in accordance with a
12federally approved Federally-approved numbering system of
13another State, and unless (1) the certificate of number awarded
14to such watercraft is in full force and effect, and (2) the
15identifying number set forth in the certificate of number is
16displayed on each side of the bow of such watercraft.
17(Source: P.A. 97-1136, eff. 1-1-13; revised 10-30-17.)
 
18    (Text of Section after amendment by P.A. 100-469)
19    Sec. 3-1. Unlawful operation of unnumbered watercraft.
20Every watercraft other than non-powered watercraft on waters
21within the jurisdiction of this State shall be numbered. No
22person may operate, use, or store or give permission for the
23operation, usage, or storage of any such watercraft on such
24waters unless it has on board while in operation:

 

 

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1    (A) A valid certificate of number is issued in accordance
2with this Act, or in accordance with applicable federal Federal
3law, or in accordance with a federally approved
4Federally-approved numbering system of another State, and
5unless:
6        (1) the pocket-sized pocket sized certificate of
7    number awarded to such watercraft is in full force and
8    effect; or
9        (2) the operator is in possession of a valid 60-day 60
10    day temporary permit under this Act.
11    (B) The identifying number set forth in the certificate of
12number is displayed on each side of the bow of such watercraft.
13    The certificate of number, lease, or rental agreement
14required by this Section shall be available at all times for
15inspection at the request of a federal, State, or local law
16enforcement officer on the watercraft for which it is issued.
17No person shall operate a watercraft under this Section unless
18the certificate of number, lease, or rental agreement required
19is carried on board in a manner that it can be handed to a
20requesting law enforcement officer for inspection. A holder of
21a certificate of number shall notify the Department within 30
22days if the holder's address no longer conforms to the address
23appearing on the certificate and shall furnish the Department
24with the holder's new address. The Department may provide for
25in its rules and regulations for the surrender of the
26certificate bearing the former address and its replacement with

 

 

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1a certificate bearing the new address or for the alteration of
2an outstanding certificate to show the new address of the
3holder.
4(Source: P.A. 100-469, eff. 6-1-18; revised 10-30-17.)
 
5    (625 ILCS 45/4-1)  (from Ch. 95 1/2, par. 314-1)
6    (Text of Section before amendment by P.A. 100-469)
7    Sec. 4-1. Personal flotation devices.
8    A. No person may operate a watercraft unless at least one
9U.S. Coast Guard approved PFD of the following types or their
10equivalent is on board for each person: Type I, Type II or Type
11III.
12    B. No person may operate a personal watercraft or specialty
13prop-craft unless each person aboard is wearing a Type I, Type
14II, Type III or Type V PFD approved by the United States Coast
15Guard.
16    C. No person may operate a watercraft 16 feet or more in
17length, except a canoe or kayak, unless at least one Type IV
18U.S. Coast Guard approved PFD or its equivalent is on board in
19addition to the PFD's required in paragraph A of this Section.
20    D. A U.S. Coast Guard approved Type V personal flotation
21device may be carried in lieu of the Type I, II, III or IV
22personal flotation device required in this Section, if the Type
23V personal flotation device is approved for the activity in
24which it is being used.
25    E. When assisting a person on water skis waterskis,

 

 

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1aquaplane or similar device, there must be one U.S. Coast Guard
2approved PFD on board the watercraft for each person being
3assisted or towed or worn by the person being assisted or
4towed.
5    F. No person may operate a watercraft unless each device
6required by this Section is:
7        1. Readily accessible;
8        2. In serviceable condition;
9        3. Of the appropriate size for the person for whom it
10    is intended; and
11        4. Legibly marked with the U.S. Coast Guard approval
12    number.
13    G. Approved personal flotation devices are defined as
14follows:
15        Type I - A Type I personal flotation device is an
16    approved device designed to turn an unconscious person in
17    the water from a face downward position to a vertical or
18    slightly backward position and to have more than 20 pounds
19    of buoyancy.
20        Type II - A Type II personal flotation device is an
21    approved device designed to turn an unconscious person in
22    the water from a face downward position to a vertical or
23    slightly backward position and to have at least 15 1/2
24    pounds of buoyancy.
25        Type III - A Type III personal flotation device is an
26    approved device designed to keep a conscious person in a

 

 

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1    vertical or slightly backward position and to have at least
2    15 1/2 pounds of buoyancy.
3        Type IV - A Type IV personal flotation device is an
4    approved device designed to be thrown to a person in the
5    water and not worn. It is designed to have at least 16 1/2
6    pounds of buoyancy.
7        Type V - A Type V personal flotation device is an
8    approved device for restricted use and is acceptable only
9    when used in the activity for which it is approved.
10    H. The provisions of subsections A through G of this
11Section shall not apply to sailboards.
12    I. No person may operate a watercraft under 26 feet in
13length unless a Type I, Type II, Type III, or Type V personal
14flotation device is being properly worn by each person under
15the age of 13 on board the watercraft at all times in which the
16watercraft is underway; however, this requirement shall not
17apply to persons who are below decks or in totally enclosed
18cabin spaces. The provisions of this subsection I shall not
19apply to a person operating a watercraft on private property.
20    J. Racing shells, rowing sculls, racing canoes, and racing
21kayaks are exempt from the PFD, of any type, carriage
22requirements under this Section provided that the racing shell,
23racing scull, racing canoe, or racing kayak is participating in
24an event sanctioned by the Department as a PFD optional event.
25The Department may adopt rules to implement this subsection.
26(Source: P.A. 97-801, eff. 1-1-13; 98-567, eff. 1-1-14; revised

 

 

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110-5-17.)
 
2    (Text of Section after amendment by P.A. 100-469)
3    Sec. 4-1. Personal flotation devices.
4    A. No person may operate a watercraft unless at least one
5U.S. Coast Guard approved PFD is on board, so placed as to be
6readily available for each person.
7    B. No person may operate a personal watercraft or specialty
8prop-craft unless each person aboard is wearing a PFD approved
9by the United States Coast Guard. No person on board a personal
10watercraft shall use an inflatable PFD in order to meet the PFD
11requirements of subsection A of this Section.
12    C. No person may operate a watercraft 16 feet or more in
13length, except a canoe or kayak, unless at least one readily
14accessible United States Coast Guard approved throwable PFD is
15on board.
16    D. (Blank).
17    E. When assisting a person on water skis waterskis,
18aquaplane or similar device, there must be one wearable United
19States Coast Guard approved PFD on board the watercraft for
20each person being assisted or towed or worn by the person being
21assisted or towed.
22    F. No person may operate a watercraft unless each device
23required by this Section is:
24        1. in serviceable condition;
25        2. identified by a label bearing a description and

 

 

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1    approval number demonstrating that the device has been
2    approved by the United States Coast Guard;
3        3. of the appropriate size for the person for whom it
4    is intended; and
5        4. in the case of a wearable PFD, readily accessible
6    aboard the watercraft;
7        5. in the case of a throwable throwabale PFD,
8    immediately available for use;
9        6. out of its original packaging; and
10        7. not stowed under lock and key.
11    G. Approved personal flotation devices are defined as a
12device that is approved by the United States Coast Guard under
13Title 46 CFR Part 160.
14    H. (Blank).
15    I. No person may operate a watercraft under 26 feet in
16length unless an approved and appropriate sized United States
17Coast Guard personal flotation device is being properly worn by
18each person under the age of 13 on board the watercraft at all
19times in which the watercraft is underway; however, this
20requirement shall not apply to persons who are below decks or
21in totally enclosed cabin spaces. The provisions of this
22subsection I shall not apply to a person operating a watercraft
23on an individual's private property.
24    J. Racing shells, rowing sculls, racing canoes, and racing
25kayaks are exempt from the PFD, of any type, carriage
26requirements under this Section provided that the racing shell,

 

 

HB5447 Enrolled- 1749 -LRB100 16294 AMC 31417 b

1racing scull, racing canoe, or racing kayak is participating in
2an event sanctioned by the Department as a PFD optional event.
3The Department may adopt rules to implement this subsection.
4(Source: P.A. 100-469, eff. 6-1-18; revised 10-5-17.)
 
5    Section 555. The Clerks of Courts Act is amended by
6changing Section 27.2 as follows:
 
7    (705 ILCS 105/27.2)  (from Ch. 25, par. 27.2)
8    Sec. 27.2. The fees of the clerks of the circuit court in
9all counties having a population in excess of 500,000
10inhabitants but less than 3,000,000 inhabitants in the
11instances described in this Section shall be as provided in
12this Section. In those instances where a minimum and maximum
13fee is stated, counties with more than 500,000 inhabitants but
14less than 3,000,000 inhabitants must charge the minimum fee
15listed in this Section and may charge up to the maximum fee if
16the county board has by resolution increased the fee. In
17addition, the minimum fees authorized in this Section shall
18apply to all units of local government and school districts in
19counties with more than 3,000,000 inhabitants. The fees shall
20be paid in advance and shall be as follows:
21(a) Civil Cases.
22        With the following exceptions, the fee for filing a
23    complaint, petition, or other pleading initiating a civil
24    action shall be a minimum of $150 and shall be a maximum of

 

 

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1    $190 through December 31, 2021 and a maximum of $184 on and
2    after January 1, 2022.
3            (A) When the amount of money or damages or the
4        value of personal property claimed does not exceed
5        $250, a minimum of $10 and a maximum of $15.
6            (B) When that amount exceeds $250 but does not
7        exceed $1,000, a minimum of $20 and a maximum of $40.
8            (C) When that amount exceeds $1,000 but does not
9        exceed $2500, a minimum of $30 and a maximum of $50.
10            (D) When that amount exceeds $2500 but does not
11        exceed $5,000, a minimum of $75 and a maximum of $100.
12            (D-5) When the amount exceeds $5,000 but does not
13        exceed $15,000, a minimum of $75 and a maximum of $150.
14            (E) For the exercise of eminent domain, $150. For
15        each additional lot or tract of land or right or
16        interest therein subject to be condemned, the damages
17        in respect to which shall require separate assessment
18        by a jury, $150.
19            (F) No fees shall be charged by the clerk to a
20        petitioner in any order of protection including, but
21        not limited to, filing, modifying, withdrawing,
22        certifying, or photocopying petitions for orders of
23        protection, or for issuing alias summons, or for any
24        related filing service, certifying, modifying,
25        vacating, or photocopying any orders of protection.
26(b) Eviction.

 

 

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1        In each eviction case when the plaintiff seeks eviction
2    only or unites with his or her claim for eviction a claim
3    for rent or damages or both in the amount of $15,000 or
4    less, a minimum of $40 and a maximum of $75. When the
5    plaintiff unites his or her claim for eviction with a claim
6    for rent or damages or both exceeding $15,000, a minimum of
7    $150 and a maximum of $225.
8(c) Counterclaim or Joining Third Party Defendant.
9        When any defendant files a counterclaim as part of his
10    or her answer or otherwise or joins another party as a
11    third party defendant, or both, the defendant shall pay a
12    fee for each counterclaim or third party action in an
13    amount equal to the fee he or she would have had to pay had
14    he or she brought a separate action for the relief sought
15    in the counterclaim or against the third party defendant,
16    less the amount of the appearance fee, if that has been
17    paid.
18(d) Confession of Judgment.
19        In a confession of judgment when the amount does not
20    exceed $1500, a minimum of $50 and a maximum of $60. When
21    the amount exceeds $1500, but does not exceed $5,000, $75.
22    When the amount exceeds $5,000, but does not exceed
23    $15,000, $175. When the amount exceeds $15,000, a minimum
24    of $200 and a maximum of $250.
25(e) Appearance.
26        The fee for filing an appearance in each civil case

 

 

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1    shall be a minimum of $50 and a maximum of $75, except as
2    follows:
3            (A) When the plaintiff in an eviction case seeks
4        eviction only, a minimum of $20 and a maximum of $40.
5            (B) When the amount in the case does not exceed
6        $1500, a minimum of $20 and a maximum of $40.
7            (C) When the amount in the case exceeds $1500 but
8        does not exceed $15,000, a minimum of $40 and a maximum
9        of $60.
10(f) Garnishment, Wage Deduction, and Citation.
11        In garnishment affidavit, wage deduction affidavit,
12    and citation petition when the amount does not exceed
13    $1,000, a minimum of $10 and a maximum of $15; when the
14    amount exceeds $1,000 but does not exceed $5,000, a minimum
15    of $20 and a maximum of $30; and when the amount exceeds
16    $5,000, a minimum of $30 and a maximum of $50.
17(g) Petition to Vacate or Modify.
18        (1) Petition to vacate or modify any final judgment or
19    order of court, except in eviction cases and small claims
20    cases or a petition to reopen an estate, to modify,
21    terminate, or enforce a judgment or order for child or
22    spousal support, or to modify, suspend, or terminate an
23    order for withholding, if filed before 30 days after the
24    entry of the judgment or order, a minimum of $40 and a
25    maximum of $50.
26        (2) Petition to vacate or modify any final judgment or

 

 

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1    order of court, except a petition to modify, terminate, or
2    enforce a judgment or order for child or spousal support or
3    to modify, suspend, or terminate an order for withholding,
4    if filed later than 30 days after the entry of the judgment
5    or order, a minimum of $60 and a maximum of $75.
6        (3) Petition to vacate order of bond forfeiture, a
7    minimum of $20 and a maximum of $40.
8(h) Mailing.
9        When the clerk is required to mail, the fee will be a
10    minimum of $6 and a maximum of $10, plus the cost of
11    postage.
12(i) Certified Copies.
13        Each certified copy of a judgment after the first,
14    except in small claims and eviction cases, a minimum of $10
15    and a maximum of $15.
16(j) Habeas Corpus.
17        For filing a petition for relief by habeas corpus, a
18    minimum of $80 and a maximum of $125.
19(k) Certification, Authentication, and Reproduction.
20        (1) Each certification or authentication for taking
21    the acknowledgment of a deed or other instrument in writing
22    with the seal of office, a minimum of $4 and a maximum of
23    $6.
24        (2) Court appeals when original documents are
25    forwarded, under 100 pages, plus delivery and costs, a
26    minimum of $50 and a maximum of $75.

 

 

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1        (3) Court appeals when original documents are
2    forwarded, over 100 pages, plus delivery and costs, a
3    minimum of $120 and a maximum of $150.
4        (4) Court appeals when original documents are
5    forwarded, over 200 pages, an additional fee of a minimum
6    of 20 and a maximum of 25 cents per page.
7        (5) For reproduction of any document contained in the
8    clerk's files:
9            (A) First page, $2.
10            (B) Next 19 pages, 50 cents per page.
11            (C) All remaining pages, 25 cents per page.
12(l) Remands.
13        In any cases remanded to the Circuit Court from the
14    Supreme Court or the Appellate Court for a new trial, the
15    clerk shall file the remanding order and reinstate the case
16    with either its original number or a new number. The Clerk
17    shall not charge any new or additional fee for the
18    reinstatement. Upon reinstatement the Clerk shall advise
19    the parties of the reinstatement. A party shall have the
20    same right to a jury trial on remand and reinstatement as
21    he or she had before the appeal, and no additional or new
22    fee or charge shall be made for a jury trial after remand.
23(m) Record Search.
24        For each record search, within a division or municipal
25    district, the clerk shall be entitled to a search fee of a
26    minimum of $4 and a maximum of $6 for each year searched.

 

 

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1(n) Hard Copy.
2        For each page of hard copy print output, when case
3    records are maintained on an automated medium, the clerk
4    shall be entitled to a fee of a minimum of $4 and a maximum
5    of $6.
6(o) Index Inquiry and Other Records.
7        No fee shall be charged for a single
8    plaintiff/defendant index inquiry or single case record
9    inquiry when this request is made in person and the records
10    are maintained in a current automated medium, and when no
11    hard copy print output is requested. The fees to be charged
12    for management records, multiple case records, and
13    multiple journal records may be specified by the Chief
14    Judge pursuant to the guidelines for access and
15    dissemination of information approved by the Supreme
16    Court.
17(p) (Blank).
18(q) Alias Summons.
19        For each alias summons or citation issued by the clerk,
20    a minimum of $4 and a maximum of $5.
21(r) Other Fees.
22        Any fees not covered in this Section shall be set by
23    rule or administrative order of the Circuit Court with the
24    approval of the Administrative Office of the Illinois
25    Courts.
26        The clerk of the circuit court may provide additional

 

 

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1    services for which there is no fee specified by statute in
2    connection with the operation of the clerk's office as may
3    be requested by the public and agreed to by the clerk and
4    approved by the chief judge of the circuit court. Any
5    charges for additional services shall be as agreed to
6    between the clerk and the party making the request and
7    approved by the chief judge of the circuit court. Nothing
8    in this subsection shall be construed to require any clerk
9    to provide any service not otherwise required by law.
10(s) Jury Services.
11        The clerk shall be entitled to receive, in addition to
12    other fees allowed by law, the sum of a minimum of $192.50
13    and a maximum of $212.50, as a fee for the services of a
14    jury in every civil action not quasi-criminal in its nature
15    and not a proceeding for the exercise of the right of
16    eminent domain and in every other action wherein the right
17    of trial by jury is or may be given by law. The jury fee
18    shall be paid by the party demanding a jury at the time of
19    filing the jury demand. If the fee is not paid by either
20    party, no jury shall be called in the action or proceeding,
21    and the same shall be tried by the court without a jury.
22(t) Voluntary Assignment.
23        For filing each deed of voluntary assignment, a minimum
24    of $10 and a maximum of $20; for recording the same, a
25    minimum of 25¢ and a maximum of 50¢ for each 100 words.
26    Exceptions filed to claims presented to an assignee of a

 

 

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1    debtor who has made a voluntary assignment for the benefit
2    of creditors shall be considered and treated, for the
3    purpose of taxing costs therein, as actions in which the
4    party or parties filing the exceptions shall be considered
5    as party or parties plaintiff, and the claimant or
6    claimants as party or parties defendant, and those parties
7    respectively shall pay to the clerk the same fees as
8    provided by this Section to be paid in other actions.
9(u) Expungement Petition.
10        The clerk shall be entitled to receive a fee of a
11    minimum of $30 and a maximum of $60 for each expungement
12    petition filed and an additional fee of a minimum of $2 and
13    a maximum of $4 for each certified copy of an order to
14    expunge arrest records.
15(v) Probate.
16        The clerk is entitled to receive the fees specified in
17    this subsection (v), which shall be paid in advance, except
18    that, for good cause shown, the court may suspend, reduce,
19    or release the costs payable under this subsection:
20        (1) For administration of the estate of a decedent
21    (whether testate or intestate) or of a missing person, a
22    minimum of $100 and a maximum of $150, plus the fees
23    specified in subsection (v)(3), except:
24            (A) When the value of the real and personal
25        property does not exceed $15,000, the fee shall be a
26        minimum of $25 and a maximum of $40.

 

 

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1            (B) When (i) proof of heirship alone is made, (ii)
2        a domestic or foreign will is admitted to probate
3        without administration (including proof of heirship),
4        or (iii) letters of office are issued for a particular
5        purpose without administration of the estate, the fee
6        shall be a minimum of $25 and a maximum of $40.
7        (2) For administration of the estate of a ward, a
8    minimum of $50 and a maximum of $75, plus the fees
9    specified in subsection (v)(3), except:
10            (A) When the value of the real and personal
11        property does not exceed $15,000, the fee shall be a
12        minimum of $25 and a maximum of $40.
13            (B) When (i) letters of office are issued to a
14        guardian of the person or persons, but not of the
15        estate or (ii) letters of office are issued in the
16        estate of a ward without administration of the estate,
17        including filing or joining in the filing of a tax
18        return or releasing a mortgage or consenting to the
19        marriage of the ward, the fee shall be a minimum of $10
20        and a maximum of $20.
21        (3) In addition to the fees payable under subsection
22    (v)(1) or (v)(2) of this Section, the following fees are
23    payable:
24            (A) For each account (other than one final account)
25        filed in the estate of a decedent, or ward, a minimum
26        of $15 and a maximum of $25.

 

 

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1            (B) For filing a claim in an estate when the amount
2        claimed is $150 or more but less than $500, a minimum
3        of $10 and a maximum of $20; when the amount claimed is
4        $500 or more but less than $10,000, a minimum of $25
5        and a maximum of $40; when the amount claimed is
6        $10,000 or more, a minimum of $40 and a maximum of $60;
7        provided that the court in allowing a claim may add to
8        the amount allowed the filing fee paid by the claimant.
9            (C) For filing in an estate a claim, petition, or
10        supplemental proceeding based upon an action seeking
11        equitable relief including the construction or contest
12        of a will, enforcement of a contract to make a will,
13        and proceedings involving testamentary trusts or the
14        appointment of testamentary trustees, a minimum of $40
15        and a maximum of $60.
16            (D) For filing in an estate (i) the appearance of
17        any person for the purpose of consent or (ii) the
18        appearance of an executor, administrator,
19        administrator to collect, guardian, guardian ad litem,
20        or special administrator, no fee.
21            (E) Except as provided in subsection (v)(3)(D),
22        for filing the appearance of any person or persons, a
23        minimum of $10 and a maximum of $30.
24            (F) For each jury demand, a minimum of $102.50 and
25        a maximum of $137.50.
26            (G) For disposition of the collection of a judgment

 

 

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1        or settlement of an action or claim for wrongful death
2        of a decedent or of any cause of action of a ward, when
3        there is no other administration of the estate, a
4        minimum of $30 and a maximum of $50, less any amount
5        paid under subsection (v)(1)(B) or (v)(2)(B) except
6        that if the amount involved does not exceed $5,000, the
7        fee, including any amount paid under subsection
8        (v)(1)(B) or (v)(2)(B), shall be a minimum of $10 and a
9        maximum of $20.
10            (H) For each certified copy of letters of office,
11        of court order or other certification, a minimum of $1
12        and a maximum of $2, plus a minimum of 50¢ and a
13        maximum of $1 per page in excess of 3 pages for the
14        document certified.
15            (I) For each exemplification, a minimum of $1 and a
16        maximum of $2, plus the fee for certification.
17        (4) The executor, administrator, guardian, petitioner,
18    or other interested person or his or her attorney shall pay
19    the cost of publication by the clerk directly to the
20    newspaper.
21        (5) The person on whose behalf a charge is incurred for
22    witness, court reporter, appraiser, or other miscellaneous
23    fee shall pay the same directly to the person entitled
24    thereto.
25        (6) The executor, administrator, guardian, petitioner,
26    or other interested person or his attorney shall pay to the

 

 

HB5447 Enrolled- 1761 -LRB100 16294 AMC 31417 b

1    clerk all postage charges incurred by the clerk in mailing
2    petitions, orders, notices, or other documents pursuant to
3    the provisions of the Probate Act of 1975.
4(w) Criminal and Quasi-Criminal Costs and Fees.
5        (1) The clerk shall be entitled to costs in all
6    criminal and quasi-criminal cases from each person
7    convicted or sentenced to supervision therein as follows:
8            (A) Felony complaints, a minimum of $80 and a
9        maximum of $125.
10            (B) Misdemeanor complaints, a minimum of $50 and a
11        maximum of $75.
12            (C) Business offense complaints, a minimum of $50
13        and a maximum of $75.
14            (D) Petty offense complaints, a minimum of $50 and
15        a maximum of $75.
16            (E) Minor traffic or ordinance violations, $20.
17            (F) When court appearance required, $30.
18            (G) Motions to vacate or amend final orders, a
19        minimum of $20 and a maximum of $40.
20            (H) Motions to vacate bond forfeiture orders, a
21        minimum of $20 and a maximum of $30.
22            (I) Motions to vacate ex parte judgments, whenever
23        filed, a minimum of $20 and a maximum of $30.
24            (J) Motions to vacate judgment on forfeitures,
25        whenever filed, a minimum of $20 and a maximum of $25.
26            (K) Motions to vacate "failure to appear" or

 

 

HB5447 Enrolled- 1762 -LRB100 16294 AMC 31417 b

1        "failure to comply" notices sent to the Secretary of
2        State, a minimum of $20 and a maximum of $40.
3        (2) In counties having a population of more than
4    500,000 but fewer than 3,000,000 inhabitants, when the
5    violation complaint is issued by a municipal police
6    department, the clerk shall be entitled to costs from each
7    person convicted therein as follows:
8            (A) Minor traffic or ordinance violations, $10.
9            (B) When court appearance required, $15.
10        (3) In ordinance violation cases punishable by fine
11    only, the clerk of the circuit court shall be entitled to
12    receive, unless the fee is excused upon a finding by the
13    court that the defendant is indigent, in addition to other
14    fees or costs allowed or imposed by law, the sum of a
15    minimum of $50 and a maximum of $112.50 as a fee for the
16    services of a jury. The jury fee shall be paid by the
17    defendant at the time of filing his or her jury demand. If
18    the fee is not so paid by the defendant, no jury shall be
19    called, and the case shall be tried by the court without a
20    jury.
21(x) Transcripts of Judgment.
22        For the filing of a transcript of judgment, the clerk
23    shall be entitled to the same fee as if it were the
24    commencement of a new suit.
25(y) Change of Venue.
26        (1) For the filing of a change of case on a change of

 

 

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1    venue, the clerk shall be entitled to the same fee as if it
2    were the commencement of a new suit.
3        (2) The fee for the preparation and certification of a
4    record on a change of venue to another jurisdiction, when
5    original documents are forwarded, a minimum of $25 and a
6    maximum of $40.
7(z) Tax objection complaints.
8        For each tax objection complaint containing one or more
9    tax objections, regardless of the number of parcels
10    involved or the number of taxpayers joining in the
11    complaint, a minimum of $25 and a maximum of $50.
12(aa) Tax Deeds.
13        (1) Petition for tax deed, if only one parcel is
14    involved, a minimum of $150 and a maximum of $250.
15        (2) For each additional parcel, add a fee of a minimum
16    of $50 and a maximum of $100.
17(bb) Collections.
18        (1) For all collections made of others, except the
19    State and county and except in maintenance or child support
20    cases, a sum equal to a minimum of 2.5% and a maximum of
21    3.0% of the amount collected and turned over.
22        (2) Interest earned on any funds held by the clerk
23    shall be turned over to the county general fund as an
24    earning of the office.
25        (3) For any check, draft, or other bank instrument
26    returned to the clerk for non-sufficient funds, account

 

 

HB5447 Enrolled- 1764 -LRB100 16294 AMC 31417 b

1    closed, or payment stopped, $25.
2        (4) In child support and maintenance cases, the clerk,
3    if authorized by an ordinance of the county board, may
4    collect an annual fee of up to $36 from the person making
5    payment for maintaining child support records and the
6    processing of support orders to the State of Illinois KIDS
7    system and the recording of payments issued by the State
8    Disbursement Unit for the official record of the Court.
9    This fee shall be in addition to and separate from amounts
10    ordered to be paid as maintenance or child support and
11    shall be deposited into a Separate Maintenance and Child
12    Support Collection Fund, of which the clerk shall be the
13    custodian, ex officio ex-officio, to be used by the clerk
14    to maintain child support orders and record all payments
15    issued by the State Disbursement Unit for the official
16    record of the Court. The clerk may recover from the person
17    making the maintenance or child support payment any
18    additional cost incurred in the collection of this annual
19    fee.
20        The clerk shall also be entitled to a fee of $5 for
21    certifications made to the Secretary of State as provided
22    in Section 7-703 of the Family Financial Responsibility Law
23    and these fees shall also be deposited into the Separate
24    Maintenance and Child Support Collection Fund.
25(cc) Corrections of Numbers.
26        For correction of the case number, case title, or

 

 

HB5447 Enrolled- 1765 -LRB100 16294 AMC 31417 b

1    attorney computer identification number, if required by
2    rule of court, on any document filed in the clerk's office,
3    to be charged against the party that filed the document, a
4    minimum of $15 and a maximum of $25.
5(dd) Exceptions.
6        The fee requirements of this Section shall not apply to
7    police departments or other law enforcement agencies. In
8    this Section, "law enforcement agency" means an agency of
9    the State or a unit of local government which is vested by
10    law or ordinance with the duty to maintain public order and
11    to enforce criminal laws or ordinances. "Law enforcement
12    agency" also means the Attorney General or any state's
13    attorney. The fee requirements of this Section shall not
14    apply to any action instituted under subsection (b) of
15    Section 11-31-1 of the Illinois Municipal Code by a private
16    owner or tenant of real property within 1200 feet of a
17    dangerous or unsafe building seeking an order compelling
18    the owner or owners of the building to take any of the
19    actions authorized under that subsection.
20        The fee requirements of this Section shall not apply to
21    the filing of any commitment petition or petition for an
22    order authorizing the administration of psychotropic
23    medication or electroconvulsive therapy under the Mental
24    Health and Developmental Disabilities Code.
25(ee) Adoptions.
26        (1) For an adoption...............................$65

 

 

HB5447 Enrolled- 1766 -LRB100 16294 AMC 31417 b

1        (2) Upon good cause shown, the court may waive the
2    adoption filing fee in a special needs adoption. The term
3    "special needs adoption" shall have the meaning ascribed to
4    it by the Illinois Department of Children and Family
5    Services.
6(ff) Adoption exemptions.
7        No fee other than that set forth in subsection (ee)
8    shall be charged to any person in connection with an
9    adoption proceeding nor may any fee be charged for
10    proceedings for the appointment of a confidential
11    intermediary under the Adoption Act.
12(gg) Unpaid fees.
13        Unless a court ordered payment schedule is implemented
14    or the fee requirements of this Section are waived pursuant
15    to court order, the clerk of the court may add to any
16    unpaid fees and costs under this Section a delinquency
17    amount equal to 5% of the unpaid fees that remain unpaid
18    after 30 days, 10% of the unpaid fees that remain unpaid
19    after 60 days, and 15% of the unpaid fees that remain
20    unpaid after 90 days. Notice to those parties may be made
21    by signage posting or publication. The additional
22    delinquency amounts collected under this Section shall be
23    used to defray additional administrative costs incurred by
24    the clerk of the circuit court in collecting unpaid fees
25    and costs.
26(Source: P.A. 99-859, eff. 8-19-16; 100-173, eff. 1-1-18;

 

 

HB5447 Enrolled- 1767 -LRB100 16294 AMC 31417 b

1revised 10-6-17.)
 
2    Section 560. The Juvenile Court Act of 1987 is amended by
3changing Sections 1-3, 1-7, 2-10, 2-28, and 5-915 as follows:
 
4    (705 ILCS 405/1-3)  (from Ch. 37, par. 801-3)
5    Sec. 1-3. Definitions. Terms used in this Act, unless the
6context otherwise requires, have the following meanings
7ascribed to them:
8    (1) "Adjudicatory hearing" means a hearing to determine
9whether the allegations of a petition under Section 2-13, 3-15
10or 4-12 that a minor under 18 years of age is abused, neglected
11or dependent, or requires authoritative intervention, or
12addicted, respectively, are supported by a preponderance of the
13evidence or whether the allegations of a petition under Section
145-520 that a minor is delinquent are proved beyond a reasonable
15doubt.
16    (2) "Adult" means a person 21 years of age or older.
17    (3) "Agency" means a public or private child care facility
18legally authorized or licensed by this State for placement or
19institutional care or for both placement and institutional
20care.
21    (4) "Association" means any organization, public or
22private, engaged in welfare functions which include services to
23or on behalf of children but does not include "agency" as
24herein defined.

 

 

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1    (4.05) Whenever a "best interest" determination is
2required, the following factors shall be considered in the
3context of the child's age and developmental needs:
4        (a) the physical safety and welfare of the child,
5    including food, shelter, health, and clothing;
6        (b) the development of the child's identity;
7        (c) the child's background and ties, including
8    familial, cultural, and religious;
9        (d) the child's sense of attachments, including:
10            (i) where the child actually feels love,
11        attachment, and a sense of being valued (as opposed to
12        where adults believe the child should feel such love,
13        attachment, and a sense of being valued);
14            (ii) the child's sense of security;
15            (iii) the child's sense of familiarity;
16            (iv) continuity of affection for the child;
17            (v) the least disruptive placement alternative for
18        the child;
19        (e) the child's wishes and long-term goals;
20        (f) the child's community ties, including church,
21    school, and friends;
22        (g) the child's need for permanence which includes the
23    child's need for stability and continuity of relationships
24    with parent figures and with siblings and other relatives;
25        (h) the uniqueness of every family and child;
26        (i) the risks attendant to entering and being in

 

 

HB5447 Enrolled- 1769 -LRB100 16294 AMC 31417 b

1    substitute care; and
2        (j) the preferences of the persons available to care
3    for the child.
4    (4.1) "Chronic truant" shall have the definition ascribed
5to it in Section 26-2a of the School Code.
6    (5) "Court" means the circuit court in a session or
7division assigned to hear proceedings under this Act.
8    (6) "Dispositional hearing" means a hearing to determine
9whether a minor should be adjudged to be a ward of the court,
10and to determine what order of disposition should be made in
11respect to a minor adjudged to be a ward of the court.
12    (7) "Emancipated minor" means any minor 16 years of age or
13over who has been completely or partially emancipated under the
14Emancipation of Minors Act or under this Act.
15    (7.05) "Foster parent" includes a relative caregiver
16selected by the Department of Children and Family Services to
17provide care for the minor.
18    (8) "Guardianship of the person" of a minor means the duty
19and authority to act in the best interests of the minor,
20subject to residual parental rights and responsibilities, to
21make important decisions in matters having a permanent effect
22on the life and development of the minor and to be concerned
23with his or her general welfare. It includes but is not
24necessarily limited to:
25        (a) the authority to consent to marriage, to enlistment
26    in the armed forces of the United States, or to a major

 

 

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1    medical, psychiatric, and surgical treatment; to represent
2    the minor in legal actions; and to make other decisions of
3    substantial legal significance concerning the minor;
4        (b) the authority and duty of reasonable visitation,
5    except to the extent that these have been limited in the
6    best interests of the minor by court order;
7        (c) the rights and responsibilities of legal custody
8    except where legal custody has been vested in another
9    person or agency; and
10        (d) the power to consent to the adoption of the minor,
11    but only if expressly conferred on the guardian in
12    accordance with Section 2-29, 3-30, or 4-27.
13    (9) "Legal custody" means the relationship created by an
14order of court in the best interests of the minor which imposes
15on the custodian the responsibility of physical possession of a
16minor and the duty to protect, train and discipline him and to
17provide him with food, shelter, education and ordinary medical
18care, except as these are limited by residual parental rights
19and responsibilities and the rights and responsibilities of the
20guardian of the person, if any.
21    (9.1) "Mentally capable adult relative" means a person 21
22years of age or older who is not suffering from a mental
23illness that prevents him or her from providing the care
24necessary to safeguard the physical safety and welfare of a
25minor who is left in that person's care by the parent or
26parents or other person responsible for the minor's welfare.

 

 

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1    (10) "Minor" means a person under the age of 21 years
2subject to this Act.
3    (11) "Parent" means a father or mother of a child and
4includes any adoptive parent. It also includes a person (i)
5whose parentage is presumed or has been established under the
6law of this or another jurisdiction or (ii) who has registered
7with the Putative Father Registry in accordance with Section
812.1 of the Adoption Act and whose paternity has not been ruled
9out under the law of this or another jurisdiction. It does not
10include a parent whose rights in respect to the minor have been
11terminated in any manner provided by law. It does not include a
12person who has been or could be determined to be a parent under
13the Illinois Parentage Act of 1984 or the Illinois Parentage
14Act of 2015, or similar parentage law in any other state, if
15that person has been convicted of or pled nolo contendere to a
16crime that resulted in the conception of the child under
17Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,
1812-14.1, subsection (a) or (b) (but not subsection (c)) of
19Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
20(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
21Criminal Code of 1961 or the Criminal Code of 2012, or similar
22statute in another jurisdiction unless upon motion of any
23party, other than the offender, to the juvenile court
24proceedings the court finds it is in the child's best interest
25to deem the offender a parent for purposes of the juvenile
26court proceedings.

 

 

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1    (11.1) "Permanency goal" means a goal set by the court as
2defined in subdivision (2) of Section 2-28.
3    (11.2) "Permanency hearing" means a hearing to set the
4permanency goal and to review and determine (i) the
5appropriateness of the services contained in the plan and
6whether those services have been provided, (ii) whether
7reasonable efforts have been made by all the parties to the
8service plan to achieve the goal, and (iii) whether the plan
9and goal have been achieved.
10    (12) "Petition" means the petition provided for in Section
112-13, 3-15, 4-12 or 5-520, including any supplemental petitions
12thereunder in Section 3-15, 4-12 or 5-520.
13    (12.1) "Physically capable adult relative" means a person
1421 years of age or older who does not have a severe physical
15disability or medical condition, or is not suffering from
16alcoholism or drug addiction, that prevents him or her from
17providing the care necessary to safeguard the physical safety
18and welfare of a minor who is left in that person's care by the
19parent or parents or other person responsible for the minor's
20welfare.
21    (12.2) "Post Permanency Sibling Contact Agreement" has the
22meaning ascribed to the term in Section 7.4 of the Children and
23Family Services Act.
24    (12.3) "Residential treatment center" means a licensed
25setting that provides 24-hour 24 hour care to children in a
26group home or institution, including a facility licensed as a

 

 

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1child care institution under Section 2.06 of the Child Care Act
2of 1969, a licensed group home under Section 2.16 of the Child
3Care Act of 1969, a secure child care facility as defined in
4paragraph (18) of this Section, or any similar facility in
5another state. "Residential treatment center" does not include
6a relative foster home or a licensed foster family home.
7    (13) "Residual parental rights and responsibilities" means
8those rights and responsibilities remaining with the parent
9after the transfer of legal custody or guardianship of the
10person, including, but not necessarily limited to, the right to
11reasonable visitation (which may be limited by the court in the
12best interests of the minor as provided in subsection (8)(b) of
13this Section), the right to consent to adoption, the right to
14determine the minor's religious affiliation, and the
15responsibility for his support.
16    (14) "Shelter" means the temporary care of a minor in
17physically unrestricting facilities pending court disposition
18or execution of court order for placement.
19    (14.05) "Shelter placement" means a temporary or emergency
20placement for a minor, including an emergency foster home
21placement.
22    (14.1) "Sibling Contact Support Plan" has the meaning
23ascribed to the term in Section 7.4 of the Children and Family
24Services Act.
25    (15) "Station adjustment" means the informal handling of an
26alleged offender by a juvenile police officer.

 

 

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1    (16) "Ward of the court" means a minor who is so adjudged
2under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
3requisite jurisdictional facts, and thus is subject to the
4dispositional powers of the court under this Act.
5    (17) "Juvenile police officer" means a sworn police officer
6who has completed a Basic Recruit Training Course, has been
7assigned to the position of juvenile police officer by his or
8her chief law enforcement officer and has completed the
9necessary juvenile officers training as prescribed by the
10Illinois Law Enforcement Training Standards Board, or in the
11case of a State police officer, juvenile officer training
12approved by the Director of the Department of State Police.
13    (18) "Secure child care facility" means any child care
14facility licensed by the Department of Children and Family
15Services to provide secure living arrangements for children
16under 18 years of age who are subject to placement in
17facilities under the Children and Family Services Act and who
18are not subject to placement in facilities for whom standards
19are established by the Department of Corrections under Section
203-15-2 of the Unified Code of Corrections. "Secure child care
21facility" also means a facility that is designed and operated
22to ensure that all entrances and exits from the facility, a
23building, or a distinct part of the building are under the
24exclusive control of the staff of the facility, whether or not
25the child has the freedom of movement within the perimeter of
26the facility, building, or distinct part of the building.

 

 

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1(Source: P.A. 99-85, eff. 1-1-16; 100-136, eff. 8-8-17;
2100-229, eff. 1-1-18; revised 10-10-17.)
 
3    (705 ILCS 405/1-7)  (from Ch. 37, par. 801-7)
4    Sec. 1-7. Confidentiality of law enforcement and municipal
5ordinance violation records.
6    (A) All juvenile records which have not been expunged are
7sealed and may never be disclosed to the general public or
8otherwise made widely available. Sealed records may be obtained
9only under this Section and Sections Section 1-8 and 5-915 of
10this Act, when their use is needed for good cause and with an
11order from the juvenile court, as required by those not
12authorized to retain them. Inspection and copying of law
13enforcement records maintained by law enforcement agencies or
14records of municipal ordinance violations maintained by any
15State, local, or municipal agency that relate to a minor who
16has been investigated, arrested, or taken into custody before
17his or her 18th birthday shall be restricted to the following:
18        (1) Any local, State, or federal law enforcement
19    officers of any jurisdiction or agency when necessary for
20    the discharge of their official duties during the
21    investigation or prosecution of a crime or relating to a
22    minor who has been adjudicated delinquent and there has
23    been a previous finding that the act which constitutes the
24    previous offense was committed in furtherance of criminal
25    activities by a criminal street gang, or, when necessary

 

 

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1    for the discharge of its official duties in connection with
2    a particular investigation of the conduct of a law
3    enforcement officer, an independent agency or its staff
4    created by ordinance and charged by a unit of local
5    government with the duty of investigating the conduct of
6    law enforcement officers. For purposes of this Section,
7    "criminal street gang" has the meaning ascribed to it in
8    Section 10 of the Illinois Streetgang Terrorism Omnibus
9    Prevention Act.
10        (2) Prosecutors, probation officers, social workers,
11    or other individuals assigned by the court to conduct a
12    pre-adjudication or pre-disposition investigation, and
13    individuals responsible for supervising or providing
14    temporary or permanent care and custody for minors pursuant
15    to the order of the juvenile court, when essential to
16    performing their responsibilities.
17        (3) Prosecutors and probation officers:
18            (a) in the course of a trial when institution of
19        criminal proceedings has been permitted or required
20        under Section 5-805; or
21            (b) when institution of criminal proceedings has
22        been permitted or required under Section 5-805 and such
23        minor is the subject of a proceeding to determine the
24        amount of bail; or
25            (c) when criminal proceedings have been permitted
26        or required under Section 5-805 and such minor is the

 

 

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1        subject of a pre-trial investigation, pre-sentence
2        investigation, fitness hearing, or proceedings on an
3        application for probation.
4        (4) Adult and Juvenile Prisoner Review Board.
5        (5) Authorized military personnel.
6        (6) Persons engaged in bona fide research, with the
7    permission of the Presiding Judge of the Juvenile Court and
8    the chief executive of the respective law enforcement
9    agency; provided that publication of such research results
10    in no disclosure of a minor's identity and protects the
11    confidentiality of the minor's record.
12        (7) Department of Children and Family Services child
13    protection investigators acting in their official
14    capacity.
15        (8) The appropriate school official only if the agency
16    or officer believes that there is an imminent threat of
17    physical harm to students, school personnel, or others who
18    are present in the school or on school grounds.
19            (A) Inspection and copying shall be limited to law
20        enforcement records transmitted to the appropriate
21        school official or officials whom the school has
22        determined to have a legitimate educational or safety
23        interest by a local law enforcement agency under a
24        reciprocal reporting system established and maintained
25        between the school district and the local law
26        enforcement agency under Section 10-20.14 of the

 

 

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1        School Code concerning a minor enrolled in a school
2        within the school district who has been arrested or
3        taken into custody for any of the following offenses:
4                (i) any violation of Article 24 of the Criminal
5            Code of 1961 or the Criminal Code of 2012;
6                (ii) a violation of the Illinois Controlled
7            Substances Act;
8                (iii) a violation of the Cannabis Control Act;
9                (iv) a forcible felony as defined in Section
10            2-8 of the Criminal Code of 1961 or the Criminal
11            Code of 2012;
12                (v) a violation of the Methamphetamine Control
13            and Community Protection Act;
14                (vi) a violation of Section 1-2 of the
15            Harassing and Obscene Communications Act;
16                (vii) a violation of the Hazing Act; or
17                (viii) a violation of Section 12-1, 12-2,
18            12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
19            12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
20            Criminal Code of 1961 or the Criminal Code of 2012.
21            The information derived from the law enforcement
22        records shall be kept separate from and shall not
23        become a part of the official school record of that
24        child and shall not be a public record. The information
25        shall be used solely by the appropriate school official
26        or officials whom the school has determined to have a

 

 

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1        legitimate educational or safety interest to aid in the
2        proper rehabilitation of the child and to protect the
3        safety of students and employees in the school. If the
4        designated law enforcement and school officials deem
5        it to be in the best interest of the minor, the student
6        may be referred to in-school or community based social
7        services if those services are available.
8        "Rehabilitation services" may include interventions by
9        school support personnel, evaluation for eligibility
10        for special education, referrals to community-based
11        agencies such as youth services, behavioral healthcare
12        service providers, drug and alcohol prevention or
13        treatment programs, and other interventions as deemed
14        appropriate for the student.
15            (B) Any information provided to appropriate school
16        officials whom the school has determined to have a
17        legitimate educational or safety interest by local law
18        enforcement officials about a minor who is the subject
19        of a current police investigation that is directly
20        related to school safety shall consist of oral
21        information only, and not written law enforcement
22        records, and shall be used solely by the appropriate
23        school official or officials to protect the safety of
24        students and employees in the school and aid in the
25        proper rehabilitation of the child. The information
26        derived orally from the local law enforcement

 

 

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1        officials shall be kept separate from and shall not
2        become a part of the official school record of the
3        child and shall not be a public record. This limitation
4        on the use of information about a minor who is the
5        subject of a current police investigation shall in no
6        way limit the use of this information by prosecutors in
7        pursuing criminal charges arising out of the
8        information disclosed during a police investigation of
9        the minor. For purposes of this paragraph,
10        "investigation" means an official systematic inquiry
11        by a law enforcement agency into actual or suspected
12        criminal activity.
13        (9) Mental health professionals on behalf of the
14    Illinois Department of Corrections or the Department of
15    Human Services or prosecutors who are evaluating,
16    prosecuting, or investigating a potential or actual
17    petition brought under the Sexually Violent Persons
18    Commitment Act relating to a person who is the subject of
19    juvenile law enforcement records or the respondent to a
20    petition brought under the Sexually Violent Persons
21    Commitment Act who is the subject of the juvenile law
22    enforcement records sought. Any records and any
23    information obtained from those records under this
24    paragraph (9) may be used only in sexually violent persons
25    commitment proceedings.
26        (10) The president of a park district. Inspection and

 

 

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1    copying shall be limited to law enforcement records
2    transmitted to the president of the park district by the
3    Illinois State Police under Section 8-23 of the Park
4    District Code or Section 16a-5 of the Chicago Park District
5    Act concerning a person who is seeking employment with that
6    park district and who has been adjudicated a juvenile
7    delinquent for any of the offenses listed in subsection (c)
8    of Section 8-23 of the Park District Code or subsection (c)
9    of Section 16a-5 of the Chicago Park District Act.
10    (B)(1) Except as provided in paragraph (2), no law
11enforcement officer or other person or agency may knowingly
12transmit to the Department of Corrections or the Department of
13State Police or to the Federal Bureau of Investigation any
14fingerprint or photograph relating to a minor who has been
15arrested or taken into custody before his or her 18th birthday,
16unless the court in proceedings under this Act authorizes the
17transmission or enters an order under Section 5-805 permitting
18or requiring the institution of criminal proceedings.
19    (2) Law enforcement officers or other persons or agencies
20shall transmit to the Department of State Police copies of
21fingerprints and descriptions of all minors who have been
22arrested or taken into custody before their 18th birthday for
23the offense of unlawful use of weapons under Article 24 of the
24Criminal Code of 1961 or the Criminal Code of 2012, a Class X
25or Class 1 felony, a forcible felony as defined in Section 2-8
26of the Criminal Code of 1961 or the Criminal Code of 2012, or a

 

 

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1Class 2 or greater felony under the Cannabis Control Act, the
2Illinois Controlled Substances Act, the Methamphetamine
3Control and Community Protection Act, or Chapter 4 of the
4Illinois Vehicle Code, pursuant to Section 5 of the Criminal
5Identification Act. Information reported to the Department
6pursuant to this Section may be maintained with records that
7the Department files pursuant to Section 2.1 of the Criminal
8Identification Act. Nothing in this Act prohibits a law
9enforcement agency from fingerprinting a minor taken into
10custody or arrested before his or her 18th birthday for an
11offense other than those listed in this paragraph (2).
12    (C) The records of law enforcement officers, or of an
13independent agency created by ordinance and charged by a unit
14of local government with the duty of investigating the conduct
15of law enforcement officers, concerning all minors under 18
16years of age must be maintained separate from the records of
17arrests and may not be open to public inspection or their
18contents disclosed to the public. For purposes of obtaining
19documents under this Section, a civil subpoena is not an order
20of the court.
21        (1) In cases where the law enforcement, or independent
22    agency, records concern a pending juvenile court case, the
23    party seeking to inspect the records shall provide actual
24    notice to the attorney or guardian ad litem of the minor
25    whose records are sought.
26        (2) In cases where the records concern a juvenile court

 

 

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1    case that is no longer pending, the party seeking to
2    inspect the records shall provide actual notice to the
3    minor or the minor's parent or legal guardian, and the
4    matter shall be referred to the chief judge presiding over
5    matters pursuant to this Act.
6        (3) In determining whether the records should be
7    available for inspection, the court shall consider the
8    minor's interest in confidentiality and rehabilitation
9    over the moving party's interest in obtaining the
10    information. Any records obtained in violation of this
11    subsection (C) shall not be admissible in any criminal or
12    civil proceeding, or operate to disqualify a minor from
13    subsequently holding public office or securing employment,
14    or operate as a forfeiture of any public benefit, right,
15    privilege, or right to receive any license granted by
16    public authority.
17    (D) Nothing contained in subsection (C) of this Section
18shall prohibit the inspection or disclosure to victims and
19witnesses of photographs contained in the records of law
20enforcement agencies when the inspection and disclosure is
21conducted in the presence of a law enforcement officer for the
22purpose of the identification or apprehension of any person
23subject to the provisions of this Act or for the investigation
24or prosecution of any crime.
25    (E) Law enforcement officers, and personnel of an
26independent agency created by ordinance and charged by a unit

 

 

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1of local government with the duty of investigating the conduct
2of law enforcement officers, may not disclose the identity of
3any minor in releasing information to the general public as to
4the arrest, investigation or disposition of any case involving
5a minor.
6    (F) Nothing contained in this Section shall prohibit law
7enforcement agencies from communicating with each other by
8letter, memorandum, teletype or intelligence alert bulletin or
9other means the identity or other relevant information
10pertaining to a person under 18 years of age if there are
11reasonable grounds to believe that the person poses a real and
12present danger to the safety of the public or law enforcement
13officers. The information provided under this subsection (F)
14shall remain confidential and shall not be publicly disclosed,
15except as otherwise allowed by law.
16    (G) Nothing in this Section shall prohibit the right of a
17Civil Service Commission or appointing authority of any state,
18county or municipality examining the character and fitness of
19an applicant for employment with a law enforcement agency,
20correctional institution, or fire department from obtaining
21and examining the records of any law enforcement agency
22relating to any record of the applicant having been arrested or
23taken into custody before the applicant's 18th birthday.
24    (H) The changes made to this Section by Public Act 98-61
25apply to law enforcement records of a minor who has been
26arrested or taken into custody on or after January 1, 2014 (the

 

 

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1effective date of Public Act 98-61).
2    (I) Willful violation of this Section is a Class C
3misdemeanor and each violation is subject to a fine of $1,000.
4This subsection (I) shall not apply to the person who is the
5subject of the record.
6    (J) A person convicted of violating this Section is liable
7for damages in the amount of $1,000 or actual damages,
8whichever is greater.
9(Source: P.A. 99-298, eff. 8-6-15; 100-285, eff. 1-1-18;
10revised 10-5-17.)
 
11    (705 ILCS 405/2-10)  (from Ch. 37, par. 802-10)
12    Sec. 2-10. Temporary custody hearing. At the appearance of
13the minor before the court at the temporary custody hearing,
14all witnesses present shall be examined before the court in
15relation to any matter connected with the allegations made in
16the petition.
17    (1) If the court finds that there is not probable cause to
18believe that the minor is abused, neglected or dependent it
19shall release the minor and dismiss the petition.
20    (2) If the court finds that there is probable cause to
21believe that the minor is abused, neglected or dependent, the
22court shall state in writing the factual basis supporting its
23finding and the minor, his or her parent, guardian, custodian
24and other persons able to give relevant testimony shall be
25examined before the court. The Department of Children and

 

 

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1Family Services shall give testimony concerning indicated
2reports of abuse and neglect, of which they are aware of
3through the central registry, involving the minor's parent,
4guardian or custodian. After such testimony, the court may,
5consistent with the health, safety and best interests of the
6minor, enter an order that the minor shall be released upon the
7request of parent, guardian or custodian if the parent,
8guardian or custodian appears to take custody. If it is
9determined that a parent's, guardian's, or custodian's
10compliance with critical services mitigates the necessity for
11removal of the minor from his or her home, the court may enter
12an Order of Protection setting forth reasonable conditions of
13behavior that a parent, guardian, or custodian must observe for
14a specified period of time, not to exceed 12 months, without a
15violation; provided, however, that the 12-month period shall
16begin anew after any violation. "Custodian" includes the
17Department of Children and Family Services, if it has been
18given custody of the child, or any other agency of the State
19which has been given custody or wardship of the child. If it is
20consistent with the health, safety and best interests of the
21minor, the court may also prescribe shelter care and order that
22the minor be kept in a suitable place designated by the court
23or in a shelter care facility designated by the Department of
24Children and Family Services or a licensed child welfare
25agency; however, on and after January 1, 2015 (the effective
26date of Public Act 98-803) and before January 1, 2017, a minor

 

 

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1charged with a criminal offense under the Criminal Code of 1961
2or the Criminal Code of 2012 or adjudicated delinquent shall
3not be placed in the custody of or committed to the Department
4of Children and Family Services by any court, except a minor
5less than 16 years of age and committed to the Department of
6Children and Family Services under Section 5-710 of this Act or
7a minor for whom an independent basis of abuse, neglect, or
8dependency exists; and on and after January 1, 2017, a minor
9charged with a criminal offense under the Criminal Code of 1961
10or the Criminal Code of 2012 or adjudicated delinquent shall
11not be placed in the custody of or committed to the Department
12of Children and Family Services by any court, except a minor
13less than 15 years of age and committed to the Department of
14Children and Family Services under Section 5-710 of this Act or
15a minor for whom an independent basis of abuse, neglect, or
16dependency exists. An independent basis exists when the
17allegations or adjudication of abuse, neglect, or dependency do
18not arise from the same facts, incident, or circumstances which
19give rise to a charge or adjudication of delinquency.
20    In placing the minor, the Department or other agency shall,
21to the extent compatible with the court's order, comply with
22Section 7 of the Children and Family Services Act. In
23determining the health, safety and best interests of the minor
24to prescribe shelter care, the court must find that it is a
25matter of immediate and urgent necessity for the safety and
26protection of the minor or of the person or property of another

 

 

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1that the minor be placed in a shelter care facility or that he
2or she is likely to flee the jurisdiction of the court, and
3must further find that reasonable efforts have been made or
4that, consistent with the health, safety and best interests of
5the minor, no efforts reasonably can be made to prevent or
6eliminate the necessity of removal of the minor from his or her
7home. The court shall require documentation from the Department
8of Children and Family Services as to the reasonable efforts
9that were made to prevent or eliminate the necessity of removal
10of the minor from his or her home or the reasons why no efforts
11reasonably could be made to prevent or eliminate the necessity
12of removal. When a minor is placed in the home of a relative,
13the Department of Children and Family Services shall complete a
14preliminary background review of the members of the minor's
15custodian's household in accordance with Section 4.3 of the
16Child Care Act of 1969 within 90 days of that placement. If the
17minor is ordered placed in a shelter care facility of the
18Department of Children and Family Services or a licensed child
19welfare agency, the court shall, upon request of the
20appropriate Department or other agency, appoint the Department
21of Children and Family Services Guardianship Administrator or
22other appropriate agency executive temporary custodian of the
23minor and the court may enter such other orders related to the
24temporary custody as it deems fit and proper, including the
25provision of services to the minor or his family to ameliorate
26the causes contributing to the finding of probable cause or to

 

 

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1the finding of the existence of immediate and urgent necessity.
2    Where the Department of Children and Family Services
3Guardianship Administrator is appointed as the executive
4temporary custodian, the Department of Children and Family
5Services shall file with the court and serve on the parties a
6parent-child visiting plan, within 10 days, excluding weekends
7and holidays, after the appointment. The parent-child visiting
8plan shall set out the time and place of visits, the frequency
9of visits, the length of visits, who shall be present at the
10visits, and where appropriate, the minor's opportunities to
11have telephone and mail communication with the parents.
12    Where the Department of Children and Family Services
13Guardianship Administrator is appointed as the executive
14temporary custodian, and when the child has siblings in care,
15the Department of Children and Family Services shall file with
16the court and serve on the parties a sibling placement and
17contact plan within 10 days, excluding weekends and holidays,
18after the appointment. The sibling placement and contact plan
19shall set forth whether the siblings are placed together, and
20if they are not placed together, what, if any, efforts are
21being made to place them together. If the Department has
22determined that it is not in a child's best interest to be
23placed with a sibling, the Department shall document in the
24sibling placement and contact plan the basis for its
25determination. For siblings placed separately, the sibling
26placement and contact plan shall set the time and place for

 

 

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1visits, the frequency of the visits, the length of visits, who
2shall be present for the visits, and where appropriate, the
3child's opportunities to have contact with their siblings in
4addition to in person contact. If the Department determines it
5is not in the best interest of a sibling to have contact with a
6sibling, the Department shall document in the sibling placement
7and contact plan the basis for its determination. The sibling
8placement and contact plan shall specify a date for development
9of the Sibling Contact Support Plan, under subsection (f) of
10Section 7.4 of the Children and Family Services Act, and shall
11remain in effect until the Sibling Contact Support Plan is
12developed.
13    For good cause, the court may waive the requirement to file
14the parent-child visiting plan or the sibling placement and
15contact plan, or extend the time for filing either plan. Any
16party may, by motion, request the court to review the
17parent-child visiting plan to determine whether it is
18reasonably calculated to expeditiously facilitate the
19achievement of the permanency goal. A party may, by motion,
20request the court to review the parent-child visiting plan or
21the sibling placement and contact plan to determine whether it
22is consistent with the minor's best interest. The court may
23refer the parties to mediation where available. The frequency,
24duration, and locations of visitation shall be measured by the
25needs of the child and family, and not by the convenience of
26Department personnel. Child development principles shall be

 

 

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1considered by the court in its analysis of how frequent
2visitation should be, how long it should last, where it should
3take place, and who should be present. If upon motion of the
4party to review either plan and after receiving evidence, the
5court determines that the parent-child visiting plan is not
6reasonably calculated to expeditiously facilitate the
7achievement of the permanency goal or that the restrictions
8placed on parent-child contact or sibling placement or contact
9are contrary to the child's best interests, the court shall put
10in writing the factual basis supporting the determination and
11enter specific findings based on the evidence. The court shall
12enter an order for the Department to implement changes to the
13parent-child visiting plan or sibling placement or contact
14plan, consistent with the court's findings. At any stage of
15proceeding, any party may by motion request the court to enter
16any orders necessary to implement the parent-child visiting
17plan, sibling placement or contact plan or subsequently
18developed Sibling Contact Support Plan. Nothing under this
19subsection (2) shall restrict the court from granting
20discretionary authority to the Department to increase
21opportunities for additional parent-child contacts or sibling
22contacts, without further court orders. Nothing in this
23subsection (2) shall restrict the Department from immediately
24restricting or terminating parent-child contact or sibling
25contacts, without either amending the parent-child visiting
26plan or the sibling contact plan or obtaining a court order,

 

 

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1where the Department or its assigns reasonably believe that
2continuation of the contact, as set out in the plan, would be
3contrary to the child's health, safety, and welfare. The
4Department shall file with the court and serve on the parties
5any amendments to the plan within 10 days, excluding weekends
6and holidays, of the change of the visitation.
7    Acceptance of services shall not be considered an admission
8of any allegation in a petition made pursuant to this Act, nor
9may a referral of services be considered as evidence in any
10proceeding pursuant to this Act, except where the issue is
11whether the Department has made reasonable efforts to reunite
12the family. In making its findings that it is consistent with
13the health, safety and best interests of the minor to prescribe
14shelter care, the court shall state in writing (i) the factual
15basis supporting its findings concerning the immediate and
16urgent necessity for the protection of the minor or of the
17person or property of another and (ii) the factual basis
18supporting its findings that reasonable efforts were made to
19prevent or eliminate the removal of the minor from his or her
20home or that no efforts reasonably could be made to prevent or
21eliminate the removal of the minor from his or her home. The
22parents, guardian, custodian, temporary custodian and minor
23shall each be furnished a copy of such written findings. The
24temporary custodian shall maintain a copy of the court order
25and written findings in the case record for the child. The
26order together with the court's findings of fact in support

 

 

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1thereof shall be entered of record in the court.
2    Once the court finds that it is a matter of immediate and
3urgent necessity for the protection of the minor that the minor
4be placed in a shelter care facility, the minor shall not be
5returned to the parent, custodian or guardian until the court
6finds that such placement is no longer necessary for the
7protection of the minor.
8    If the child is placed in the temporary custody of the
9Department of Children and Family Services for his or her
10protection, the court shall admonish the parents, guardian,
11custodian or responsible relative that the parents must
12cooperate with the Department of Children and Family Services,
13comply with the terms of the service plans, and correct the
14conditions which require the child to be in care, or risk
15termination of their parental rights. The court shall ensure,
16by inquiring in open court of each parent, guardian, custodian
17or responsible relative, that the parent, guardian, custodian
18or responsible relative has had the opportunity to provide the
19Department with all known names, addresses, and telephone
20numbers of each of the minor's living maternal and paternal
21adult relatives, including, but not limited to, grandparents,
22aunts, uncles, and siblings. The court shall advise the
23parents, guardian, custodian or responsible relative to inform
24the Department if additional information regarding the minor's
25adult relatives becomes available.
26    (3) If prior to the shelter care hearing for a minor

 

 

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1described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party is
2unable to serve notice on the party respondent, the shelter
3care hearing may proceed ex parte. A shelter care order from an
4ex parte hearing shall be endorsed with the date and hour of
5issuance and shall be filed with the clerk's office and entered
6of record. The order shall expire after 10 days from the time
7it is issued unless before its expiration it is renewed, at a
8hearing upon appearance of the party respondent, or upon an
9affidavit of the moving party as to all diligent efforts to
10notify the party respondent by notice as herein prescribed. The
11notice prescribed shall be in writing and shall be personally
12delivered to the minor or the minor's attorney and to the last
13known address of the other person or persons entitled to
14notice. The notice shall also state the nature of the
15allegations, the nature of the order sought by the State,
16including whether temporary custody is sought, and the
17consequences of failure to appear and shall contain a notice
18that the parties will not be entitled to further written
19notices or publication notices of proceedings in this case,
20including the filing of an amended petition or a motion to
21terminate parental rights, except as required by Supreme Court
22Rule 11; and shall explain the right of the parties and the
23procedures to vacate or modify a shelter care order as provided
24in this Section. The notice for a shelter care hearing shall be
25substantially as follows:
26
NOTICE TO PARENTS AND CHILDREN

 

 

HB5447 Enrolled- 1795 -LRB100 16294 AMC 31417 b

1
OF SHELTER CARE HEARING
2        On ................ at ........., before the Honorable
3    ................, (address:) ................., the State
4    of Illinois will present evidence (1) that (name of child
5    or children) ....................... are abused, neglected
6    or dependent for the following reasons:
7    .............................................. and (2)
8    whether there is "immediate and urgent necessity" to remove
9    the child or children from the responsible relative.
10        YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
11    PLACEMENT of the child or children in foster care until a
12    trial can be held. A trial may not be held for up to 90
13    days. You will not be entitled to further notices of
14    proceedings in this case, including the filing of an
15    amended petition or a motion to terminate parental rights.
16        At the shelter care hearing, parents have the following
17    rights:
18            1. To ask the court to appoint a lawyer if they
19        cannot afford one.
20            2. To ask the court to continue the hearing to
21        allow them time to prepare.
22            3. To present evidence concerning:
23                a. Whether or not the child or children were
24            abused, neglected or dependent.
25                b. Whether or not there is "immediate and
26            urgent necessity" to remove the child from home

 

 

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1            (including: their ability to care for the child,
2            conditions in the home, alternative means of
3            protecting the child other than removal).
4                c. The best interests of the child.
5            4. To cross examine the State's witnesses.
 
6    The Notice for rehearings shall be substantially as
7follows:
8
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
9
TO REHEARING ON TEMPORARY CUSTODY
10        If you were not present at and did not have adequate
11    notice of the Shelter Care Hearing at which temporary
12    custody of ............... was awarded to
13    ................, you have the right to request a full
14    rehearing on whether the State should have temporary
15    custody of ................. To request this rehearing,
16    you must file with the Clerk of the Juvenile Court
17    (address): ........................, in person or by
18    mailing a statement (affidavit) setting forth the
19    following:
20            1. That you were not present at the shelter care
21        hearing.
22            2. That you did not get adequate notice (explaining
23        how the notice was inadequate).
24            3. Your signature.
25            4. Signature must be notarized.

 

 

HB5447 Enrolled- 1797 -LRB100 16294 AMC 31417 b

1        The rehearing should be scheduled within 48 hours of
2    your filing this affidavit.
3        At the rehearing, your rights are the same as at the
4    initial shelter care hearing. The enclosed notice explains
5    those rights.
6        At the Shelter Care Hearing, children have the
7    following rights:
8            1. To have a guardian ad litem appointed.
9            2. To be declared competent as a witness and to
10        present testimony concerning:
11                a. Whether they are abused, neglected or
12            dependent.
13                b. Whether there is "immediate and urgent
14            necessity" to be removed from home.
15                c. Their best interests.
16            3. To cross examine witnesses for other parties.
17            4. To obtain an explanation of any proceedings and
18        orders of the court.
19    (4) If the parent, guardian, legal custodian, responsible
20relative, minor age 8 or over, or counsel of the minor did not
21have actual notice of or was not present at the shelter care
22hearing, he or she may file an affidavit setting forth these
23facts, and the clerk shall set the matter for rehearing not
24later than 48 hours, excluding Sundays and legal holidays,
25after the filing of the affidavit. At the rehearing, the court
26shall proceed in the same manner as upon the original hearing.

 

 

HB5447 Enrolled- 1798 -LRB100 16294 AMC 31417 b

1    (5) Only when there is reasonable cause to believe that the
2minor taken into custody is a person described in subsection
3(3) of Section 5-105 may the minor be kept or detained in a
4detention home or county or municipal jail. This Section shall
5in no way be construed to limit subsection (6).
6    (6) No minor under 16 years of age may be confined in a
7jail or place ordinarily used for the confinement of prisoners
8in a police station. Minors under 18 years of age must be kept
9separate from confined adults and may not at any time be kept
10in the same cell, room, or yard with adults confined pursuant
11to the criminal law.
12    (7) If the minor is not brought before a judicial officer
13within the time period as specified in Section 2-9, the minor
14must immediately be released from custody.
15    (8) If neither the parent, guardian or custodian appears
16within 24 hours to take custody of a minor released upon
17request pursuant to subsection (2) of this Section, then the
18clerk of the court shall set the matter for rehearing not later
19than 7 days after the original order and shall issue a summons
20directed to the parent, guardian or custodian to appear. At the
21same time the probation department shall prepare a report on
22the minor. If a parent, guardian or custodian does not appear
23at such rehearing, the judge may enter an order prescribing
24that the minor be kept in a suitable place designated by the
25Department of Children and Family Services or a licensed child
26welfare agency.

 

 

HB5447 Enrolled- 1799 -LRB100 16294 AMC 31417 b

1    (9) Notwithstanding any other provision of this Section any
2interested party, including the State, the temporary
3custodian, an agency providing services to the minor or family
4under a service plan pursuant to Section 8.2 of the Abused and
5Neglected Child Reporting Act, foster parent, or any of their
6representatives, on notice to all parties entitled to notice,
7may file a motion that it is in the best interests of the minor
8to modify or vacate a temporary custody order on any of the
9following grounds:
10        (a) It is no longer a matter of immediate and urgent
11    necessity that the minor remain in shelter care; or
12        (b) There is a material change in the circumstances of
13    the natural family from which the minor was removed and the
14    child can be cared for at home without endangering the
15    child's health or safety; or
16        (c) A person not a party to the alleged abuse, neglect
17    or dependency, including a parent, relative or legal
18    guardian, is capable of assuming temporary custody of the
19    minor; or
20        (d) Services provided by the Department of Children and
21    Family Services or a child welfare agency or other service
22    provider have been successful in eliminating the need for
23    temporary custody and the child can be cared for at home
24    without endangering the child's health or safety.
25    In ruling on the motion, the court shall determine whether
26it is consistent with the health, safety and best interests of

 

 

HB5447 Enrolled- 1800 -LRB100 16294 AMC 31417 b

1the minor to modify or vacate a temporary custody order.
2    The clerk shall set the matter for hearing not later than
314 days after such motion is filed. In the event that the court
4modifies or vacates a temporary custody order but does not
5vacate its finding of probable cause, the court may order that
6appropriate services be continued or initiated in behalf of the
7minor and his or her family.
8    (10) When the court finds or has found that there is
9probable cause to believe a minor is an abused minor as
10described in subsection (2) of Section 2-3 and that there is an
11immediate and urgent necessity for the abused minor to be
12placed in shelter care, immediate and urgent necessity shall be
13presumed for any other minor residing in the same household as
14the abused minor provided:
15        (a) Such other minor is the subject of an abuse or
16    neglect petition pending before the court; and
17        (b) A party to the petition is seeking shelter care for
18    such other minor.
19    Once the presumption of immediate and urgent necessity has
20been raised, the burden of demonstrating the lack of immediate
21and urgent necessity shall be on any party that is opposing
22shelter care for the other minor.
23    (11) The changes made to this Section by Public Act 98-61
24apply to a minor who has been arrested or taken into custody on
25or after January 1, 2014 (the effective date of Public Act
2698-61).

 

 

HB5447 Enrolled- 1801 -LRB100 16294 AMC 31417 b

1(Source: P.A. 99-625, eff. 1-1-17; 99-642, eff. 7-28-16;
2100-159, eff. 8-18-17; revised 10-5-17.)
 
3    (705 ILCS 405/2-28)  (from Ch. 37, par. 802-28)
4    Sec. 2-28. Court review.
5    (1) The court may require any legal custodian or guardian
6of the person appointed under this Act to report periodically
7to the court or may cite him into court and require him or his
8agency, to make a full and accurate report of his or its doings
9in behalf of the minor. The custodian or guardian, within 10
10days after such citation, or earlier if the court determines it
11to be necessary to protect the health, safety, or welfare of
12the minor, shall make the report, either in writing verified by
13affidavit or orally under oath in open court, or otherwise as
14the court directs. Upon the hearing of the report the court may
15remove the custodian or guardian and appoint another in his
16stead or restore the minor to the custody of his parents or
17former guardian or custodian. However, custody of the minor
18shall not be restored to any parent, guardian or legal
19custodian in any case in which the minor is found to be
20neglected or abused under Section 2-3 or dependent under
21Section 2-4 of this Act, unless the minor can be cared for at
22home without endangering the minor's health or safety and it is
23in the best interests of the minor, and if such neglect, abuse,
24or dependency is found by the court under paragraph (1) of
25Section 2-21 of this Act to have come about due to the acts or

 

 

HB5447 Enrolled- 1802 -LRB100 16294 AMC 31417 b

1omissions or both of such parent, guardian or legal custodian,
2until such time as an investigation is made as provided in
3paragraph (5) and a hearing is held on the issue of the fitness
4of such parent, guardian or legal custodian to care for the
5minor and the court enters an order that such parent, guardian
6or legal custodian is fit to care for the minor.
7    (1.5) The public agency that is the custodian or guardian
8of the minor shall file a written report with the court no
9later than 15 days after a minor in the agency's care remains:
10        (1) in a shelter placement beyond 30 days;
11        (2) in a psychiatric hospital past the time when the
12    minor is clinically ready for discharge or beyond medical
13    necessity for the minor's health; or
14        (3) in a detention center or Department of Juvenile
15    Justice facility solely because the public agency cannot
16    find an appropriate placement for the minor.
17    The report shall explain the steps the agency is taking to
18ensure the minor is placed appropriately, how the minor's needs
19are being met in the minor's shelter placement, and if a future
20placement has been identified by the Department, why the
21anticipated placement is appropriate for the needs of the minor
22and the anticipated placement date.
23    (2) The first permanency hearing shall be conducted by the
24judge. Subsequent permanency hearings may be heard by a judge
25or by hearing officers appointed or approved by the court in
26the manner set forth in Section 2-28.1 of this Act. The initial

 

 

HB5447 Enrolled- 1803 -LRB100 16294 AMC 31417 b

1hearing shall be held (a) within 12 months from the date
2temporary custody was taken, regardless of whether an
3adjudication or dispositional hearing has been completed
4within that time frame, (b) if the parental rights of both
5parents have been terminated in accordance with the procedure
6described in subsection (5) of Section 2-21, within 30 days of
7the order for termination of parental rights and appointment of
8a guardian with power to consent to adoption, or (c) in
9accordance with subsection (2) of Section 2-13.1. Subsequent
10permanency hearings shall be held every 6 months or more
11frequently if necessary in the court's determination following
12the initial permanency hearing, in accordance with the
13standards set forth in this Section, until the court determines
14that the plan and goal have been achieved. Once the plan and
15goal have been achieved, if the minor remains in substitute
16care, the case shall be reviewed at least every 6 months
17thereafter, subject to the provisions of this Section, unless
18the minor is placed in the guardianship of a suitable relative
19or other person and the court determines that further
20monitoring by the court does not further the health, safety or
21best interest of the child and that this is a stable permanent
22placement. The permanency hearings must occur within the time
23frames set forth in this subsection and may not be delayed in
24anticipation of a report from any source or due to the agency's
25failure to timely file its written report (this written report
26means the one required under the next paragraph and does not

 

 

HB5447 Enrolled- 1804 -LRB100 16294 AMC 31417 b

1mean the service plan also referred to in that paragraph).
2    The public agency that is the custodian or guardian of the
3minor, or another agency responsible for the minor's care,
4shall ensure that all parties to the permanency hearings are
5provided a copy of the most recent service plan prepared within
6the prior 6 months at least 14 days in advance of the hearing.
7If not contained in the agency's service plan, the agency shall
8also include a report setting forth (i) any special physical,
9psychological, educational, medical, emotional, or other needs
10of the minor or his or her family that are relevant to a
11permanency or placement determination and (ii) for any minor
12age 16 or over, a written description of the programs and
13services that will enable the minor to prepare for independent
14living. If not contained in the agency's service plan, the
15agency's report shall specify if a minor is placed in a
16licensed child care facility under a corrective plan by the
17Department due to concerns impacting the minor's safety and
18well-being. The report shall explain the steps the Department
19is taking to ensure the safety and well-being of the minor and
20that the minor's needs are met in the facility. The agency's
21written report must detail what progress or lack of progress
22the parent has made in correcting the conditions requiring the
23child to be in care; whether the child can be returned home
24without jeopardizing the child's health, safety, and welfare,
25and if not, what permanency goal is recommended to be in the
26best interests of the child, and why the other permanency goals

 

 

HB5447 Enrolled- 1805 -LRB100 16294 AMC 31417 b

1are not appropriate. The caseworker must appear and testify at
2the permanency hearing. If a permanency hearing has not
3previously been scheduled by the court, the moving party shall
4move for the setting of a permanency hearing and the entry of
5an order within the time frames set forth in this subsection.
6    At the permanency hearing, the court shall determine the
7future status of the child. The court shall set one of the
8following permanency goals:
9        (A) The minor will be returned home by a specific date
10    within 5 months.
11        (B) The minor will be in short-term care with a
12    continued goal to return home within a period not to exceed
13    one year, where the progress of the parent or parents is
14    substantial giving particular consideration to the age and
15    individual needs of the minor.
16        (B-1) The minor will be in short-term care with a
17    continued goal to return home pending a status hearing.
18    When the court finds that a parent has not made reasonable
19    efforts or reasonable progress to date, the court shall
20    identify what actions the parent and the Department must
21    take in order to justify a finding of reasonable efforts or
22    reasonable progress and shall set a status hearing to be
23    held not earlier than 9 months from the date of
24    adjudication nor later than 11 months from the date of
25    adjudication during which the parent's progress will again
26    be reviewed.

 

 

HB5447 Enrolled- 1806 -LRB100 16294 AMC 31417 b

1        (C) The minor will be in substitute care pending court
2    determination on termination of parental rights.
3        (D) Adoption, provided that parental rights have been
4    terminated or relinquished.
5        (E) The guardianship of the minor will be transferred
6    to an individual or couple on a permanent basis provided
7    that goals (A) through (D) have been ruled out.
8        (F) The minor over age 15 will be in substitute care
9    pending independence.
10        (G) The minor will be in substitute care because he or
11    she cannot be provided for in a home environment due to
12    developmental disabilities or mental illness or because he
13    or she is a danger to self or others, provided that goals
14    (A) through (D) have been ruled out.
15    In selecting any permanency goal, the court shall indicate
16in writing the reasons the goal was selected and why the
17preceding goals were ruled out. Where the court has selected a
18permanency goal other than (A), (B), or (B-1), the Department
19of Children and Family Services shall not provide further
20reunification services, but shall provide services consistent
21with the goal selected.
22        (H) Notwithstanding any other provision in this
23    Section, the court may select the goal of continuing foster
24    care as a permanency goal if:
25            (1) The Department of Children and Family Services
26        has custody and guardianship of the minor;

 

 

HB5447 Enrolled- 1807 -LRB100 16294 AMC 31417 b

1            (2) The court has ruled out all other permanency
2        goals based on the child's best interest;
3            (3) The court has found compelling reasons, based
4        on written documentation reviewed by the court, to
5        place the minor in continuing foster care. Compelling
6        reasons include:
7                (a) the child does not wish to be adopted or to
8            be placed in the guardianship of his or her
9            relative or foster care placement;
10                (b) the child exhibits an extreme level of need
11            such that the removal of the child from his or her
12            placement would be detrimental to the child; or
13                (c) the child who is the subject of the
14            permanency hearing has existing close and strong
15            bonds with a sibling, and achievement of another
16            permanency goal would substantially interfere with
17            the subject child's sibling relationship, taking
18            into consideration the nature and extent of the
19            relationship, and whether ongoing contact is in
20            the subject child's best interest, including
21            long-term emotional interest, as compared with the
22            legal and emotional benefit of permanence;
23            (4) The child has lived with the relative or foster
24        parent for at least one year; and
25            (5) The relative or foster parent currently caring
26        for the child is willing and capable of providing the

 

 

HB5447 Enrolled- 1808 -LRB100 16294 AMC 31417 b

1        child with a stable and permanent environment.
2    The court shall set a permanency goal that is in the best
3interest of the child. In determining that goal, the court
4shall consult with the minor in an age-appropriate manner
5regarding the proposed permanency or transition plan for the
6minor. The court's determination shall include the following
7factors:
8        (1) Age of the child.
9        (2) Options available for permanence, including both
10    out-of-State and in-State placement options.
11        (3) Current placement of the child and the intent of
12    the family regarding adoption.
13        (4) Emotional, physical, and mental status or
14    condition of the child.
15        (5) Types of services previously offered and whether or
16    not the services were successful and, if not successful,
17    the reasons the services failed.
18        (6) Availability of services currently needed and
19    whether the services exist.
20        (7) Status of siblings of the minor.
21    The court shall consider (i) the permanency goal contained
22in the service plan, (ii) the appropriateness of the services
23contained in the plan and whether those services have been
24provided, (iii) whether reasonable efforts have been made by
25all the parties to the service plan to achieve the goal, and
26(iv) whether the plan and goal have been achieved. All evidence

 

 

HB5447 Enrolled- 1809 -LRB100 16294 AMC 31417 b

1relevant to determining these questions, including oral and
2written reports, may be admitted and may be relied on to the
3extent of their probative value.
4    The court shall make findings as to whether, in violation
5of Section 8.2 of the Abused and Neglected Child Reporting Act,
6any portion of the service plan compels a child or parent to
7engage in any activity or refrain from any activity that is not
8reasonably related to remedying a condition or conditions that
9gave rise or which could give rise to any finding of child
10abuse or neglect. The services contained in the service plan
11shall include services reasonably related to remedy the
12conditions that gave rise to removal of the child from the home
13of his or her parents, guardian, or legal custodian or that the
14court has found must be remedied prior to returning the child
15home. Any tasks the court requires of the parents, guardian, or
16legal custodian or child prior to returning the child home,
17must be reasonably related to remedying a condition or
18conditions that gave rise to or which could give rise to any
19finding of child abuse or neglect.
20    If the permanency goal is to return home, the court shall
21make findings that identify any problems that are causing
22continued placement of the children away from the home and
23identify what outcomes would be considered a resolution to
24these problems. The court shall explain to the parents that
25these findings are based on the information that the court has
26at that time and may be revised, should additional evidence be

 

 

HB5447 Enrolled- 1810 -LRB100 16294 AMC 31417 b

1presented to the court.
2    The court shall review the Sibling Contact Support Plan
3developed or modified under subsection (f) of Section 7.4 of
4the Children and Family Services Act, if applicable. If the
5Department has not convened a meeting to develop or modify a
6Sibling Contact Support Plan, or if the court finds that the
7existing Plan is not in the child's best interest, the court
8may enter an order requiring the Department to develop, modify
9or implement a Sibling Contact Support Plan, or order
10mediation.
11    If the goal has been achieved, the court shall enter orders
12that are necessary to conform the minor's legal custody and
13status to those findings.
14    If, after receiving evidence, the court determines that the
15services contained in the plan are not reasonably calculated to
16facilitate achievement of the permanency goal, the court shall
17put in writing the factual basis supporting the determination
18and enter specific findings based on the evidence. The court
19also shall enter an order for the Department to develop and
20implement a new service plan or to implement changes to the
21current service plan consistent with the court's findings. The
22new service plan shall be filed with the court and served on
23all parties within 45 days of the date of the order. The court
24shall continue the matter until the new service plan is filed.
25Except as authorized by subsection (2.5) of this Section and as
26otherwise specifically authorized by law, the court is not

 

 

HB5447 Enrolled- 1811 -LRB100 16294 AMC 31417 b

1empowered under this Section to order specific placements,
2specific services, or specific service providers to be included
3in the service plan.
4    A guardian or custodian appointed by the court pursuant to
5this Act shall file updated case plans with the court every 6
6months.
7    Rights of wards of the court under this Act are enforceable
8against any public agency by complaints for relief by mandamus
9filed in any proceedings brought under this Act.
10    (2.5) If, after reviewing the evidence, including evidence
11from the Department, the court determines that the minor's
12current or planned placement is not necessary or appropriate to
13facilitate achievement of the permanency goal, the court shall
14put in writing the factual basis supporting its determination
15and enter specific findings based on the evidence. If the court
16finds that the minor's current or planned placement is not
17necessary or appropriate, the court may enter an order
18directing the Department to implement a recommendation by the
19minor's treating clinician or a clinician contracted by the
20Department to evaluate the minor or a recommendation made by
21the Department. If the Department places a minor in a placement
22under an order entered under this subsection (2.5), the
23Department has the authority to remove the minor from that
24placement when a change in circumstances necessitates the
25removal to protect the minor's health, safety, and best
26interest. If the Department determines removal is necessary,

 

 

HB5447 Enrolled- 1812 -LRB100 16294 AMC 31417 b

1the Department shall notify the parties of the planned
2placement change in writing no later than 10 days prior to the
3implementation of its determination unless remaining in the
4placement poses an imminent risk of harm to the minor, in which
5case the Department shall notify the parties of the placement
6change in writing immediately following the implementation of
7its decision. The Department shall notify others of the
8decision to change the minor's placement as required by
9Department rule.
10    (3) Following the permanency hearing, the court shall enter
11a written order that includes the determinations required under
12subsection (2) of this Section and sets forth the following:
13        (a) The future status of the minor, including the
14    permanency goal, and any order necessary to conform the
15    minor's legal custody and status to such determination; or
16        (b) If the permanency goal of the minor cannot be
17    achieved immediately, the specific reasons for continuing
18    the minor in the care of the Department of Children and
19    Family Services or other agency for short term placement,
20    and the following determinations:
21            (i) (Blank).
22            (ii) Whether the services required by the court and
23        by any service plan prepared within the prior 6 months
24        have been provided and (A) if so, whether the services
25        were reasonably calculated to facilitate the
26        achievement of the permanency goal or (B) if not

 

 

HB5447 Enrolled- 1813 -LRB100 16294 AMC 31417 b

1        provided, why the services were not provided.
2            (iii) Whether the minor's current or planned
3        placement current or planned is necessary, and
4        appropriate to the plan and goal, recognizing the right
5        of minors to the least restrictive (most family-like)
6        setting available and in close proximity to the
7        parents' home consistent with the health, safety, best
8        interest and special needs of the minor and, if the
9        minor is placed out-of-State, whether the out-of-State
10        placement continues to be appropriate and consistent
11        with the health, safety, and best interest of the
12        minor.
13            (iv) (Blank).
14            (v) (Blank).
15    (4) The minor or any person interested in the minor may
16apply to the court for a change in custody of the minor and the
17appointment of a new custodian or guardian of the person or for
18the restoration of the minor to the custody of his parents or
19former guardian or custodian.
20    When return home is not selected as the permanency goal:
21        (a) The Department, the minor, or the current foster
22    parent or relative caregiver seeking private guardianship
23    may file a motion for private guardianship of the minor.
24    Appointment of a guardian under this Section requires
25    approval of the court.
26        (b) The State's Attorney may file a motion to terminate

 

 

HB5447 Enrolled- 1814 -LRB100 16294 AMC 31417 b

1    parental rights of any parent who has failed to make
2    reasonable efforts to correct the conditions which led to
3    the removal of the child or reasonable progress toward the
4    return of the child, as defined in subdivision (D)(m) of
5    Section 1 of the Adoption Act or for whom any other
6    unfitness ground for terminating parental rights as
7    defined in subdivision (D) of Section 1 of the Adoption Act
8    exists.
9        When parental rights have been terminated for a minimum
10    of 3 years and the child who is the subject of the
11    permanency hearing is 13 years old or older and is not
12    currently placed in a placement likely to achieve
13    permanency, the Department of Children and Family Services
14    shall make reasonable efforts to locate parents whose
15    rights have been terminated, except when the Court
16    determines that those efforts would be futile or
17    inconsistent with the subject child's best interests. The
18    Department of Children and Family Services shall assess the
19    appropriateness of the parent whose rights have been
20    terminated, and shall, as appropriate, foster and support
21    connections between the parent whose rights have been
22    terminated and the youth. The Department of Children and
23    Family Services shall document its determinations and
24    efforts to foster connections in the child's case plan.
25    Custody of the minor shall not be restored to any parent,
26guardian or legal custodian in any case in which the minor is

 

 

HB5447 Enrolled- 1815 -LRB100 16294 AMC 31417 b

1found to be neglected or abused under Section 2-3 or dependent
2under Section 2-4 of this Act, unless the minor can be cared
3for at home without endangering his or her health or safety and
4it is in the best interest of the minor, and if such neglect,
5abuse, or dependency is found by the court under paragraph (1)
6of Section 2-21 of this Act to have come about due to the acts
7or omissions or both of such parent, guardian or legal
8custodian, until such time as an investigation is made as
9provided in paragraph (5) and a hearing is held on the issue of
10the health, safety and best interest of the minor and the
11fitness of such parent, guardian or legal custodian to care for
12the minor and the court enters an order that such parent,
13guardian or legal custodian is fit to care for the minor. In
14the event that the minor has attained 18 years of age and the
15guardian or custodian petitions the court for an order
16terminating his guardianship or custody, guardianship or
17custody shall terminate automatically 30 days after the receipt
18of the petition unless the court orders otherwise. No legal
19custodian or guardian of the person may be removed without his
20consent until given notice and an opportunity to be heard by
21the court.
22    When the court orders a child restored to the custody of
23the parent or parents, the court shall order the parent or
24parents to cooperate with the Department of Children and Family
25Services and comply with the terms of an after-care plan, or
26risk the loss of custody of the child and possible termination

 

 

HB5447 Enrolled- 1816 -LRB100 16294 AMC 31417 b

1of their parental rights. The court may also enter an order of
2protective supervision in accordance with Section 2-24.
3    (5) Whenever a parent, guardian, or legal custodian files a
4motion for restoration of custody of the minor, and the minor
5was adjudicated neglected, abused, or dependent as a result of
6physical abuse, the court shall cause to be made an
7investigation as to whether the movant has ever been charged
8with or convicted of any criminal offense which would indicate
9the likelihood of any further physical abuse to the minor.
10Evidence of such criminal convictions shall be taken into
11account in determining whether the minor can be cared for at
12home without endangering his or her health or safety and
13fitness of the parent, guardian, or legal custodian.
14        (a) Any agency of this State or any subdivision thereof
15    shall co-operate with the agent of the court in providing
16    any information sought in the investigation.
17        (b) The information derived from the investigation and
18    any conclusions or recommendations derived from the
19    information shall be provided to the parent, guardian, or
20    legal custodian seeking restoration of custody prior to the
21    hearing on fitness and the movant shall have an opportunity
22    at the hearing to refute the information or contest its
23    significance.
24        (c) All information obtained from any investigation
25    shall be confidential as provided in Section 5-150 of this
26    Act.

 

 

HB5447 Enrolled- 1817 -LRB100 16294 AMC 31417 b

1(Source: P.A. 100-45, eff. 8-11-17; 100-136, eff. 8-18-17;
2100-229, eff. 1-1-18; revised 10-10-17.)
 
3    (705 ILCS 405/5-915)
4    Sec. 5-915. Expungement of juvenile law enforcement and
5court records.
6    (0.05) For purposes of this Section:
7        "Dissemination" or "disseminate" means to publish,
8    produce, print, manufacture, distribute, sell, lease,
9    exhibit, broadcast, display, transmit, or otherwise share
10    information in any format so as to make the information
11    accessible to others.
12        "Expunge" means to physically destroy the records and
13    to obliterate the minor's name and juvenile court records
14    from any official index, public record, or electronic
15    database. No evidence of the juvenile court records may be
16    retained by any law enforcement agency, the juvenile court,
17    or by any municipal, county, or State agency or department.
18    Nothing in this Act shall require the physical destruction
19    of the internal office records, files, or databases
20    maintained by a State's Attorney's Office or other
21    prosecutor or by the Office of the Secretary of State.
22        "Juvenile court record" includes, but is not limited
23    to:
24            (a) all documents filed in or maintained by the
25    juvenile court pertaining to a specific incident,

 

 

HB5447 Enrolled- 1818 -LRB100 16294 AMC 31417 b

1    proceeding, or individual;
2            (b) all documents relating to a specific incident,
3    proceeding, or individual made available to or maintained
4    by probation officers;
5            (c) all documents, video or audio tapes,
6    photographs, and exhibits admitted into evidence at
7    juvenile court hearings; or
8            (d) all documents, transcripts, records, reports
9    or other evidence prepared by, maintained by, or released
10    by any municipal, county, or State state agency or
11    department, in any format, if indicating involvement with
12    the juvenile court relating to a specific incident,
13    proceeding, or individual.
14        "Law enforcement record" includes, but is not limited
15    to, records of arrest, station adjustments, fingerprints,
16    probation adjustments, the issuance of a notice to appear,
17    or any other records or documents maintained by any law
18    enforcement agency relating to a minor suspected of
19    committing an offense or evidence of interaction with law
20    enforcement.
21    (0.1) (a) The Department of State Police and all law
22enforcement agencies within the State shall automatically
23expunge, on or before January 1 of each year, all law
24enforcement records relating to events occurring before an
25individual's 18th birthday if:
26        (1) one year or more has elapsed since the date of the

 

 

HB5447 Enrolled- 1819 -LRB100 16294 AMC 31417 b

1    arrest or law enforcement interaction documented in the
2    records;
3        (2) no petition for delinquency or criminal charges
4    were filed with the clerk of the circuit court relating to
5    the arrest or law enforcement interaction documented in the
6    records; and
7        (3) 6 months have elapsed without an additional
8    subsequent arrest or filing of a petition for delinquency
9    or criminal charges whether related or not to the arrest or
10    law enforcement interaction documented in the records.
11    (b) If the law enforcement agency is unable to verify
12satisfaction of conditions (2) and (3) of this subsection
13(0.1), records that satisfy condition (1) of this subsection
14(0.1) shall be automatically expunged if the records relate to
15an offense that if committed by an adult would not be an
16offense classified as Class 2 felony or higher, an offense
17under Article 11 of the Criminal Code of 1961 or Criminal Code
18of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
1912-15, or 12-16 of the Criminal Code of 1961.
20    (0.2) (a) Upon dismissal of a petition alleging delinquency
21or upon a finding of not delinquent, the successful termination
22of an order of supervision, or an adjudication for an offense
23which would be a Class B misdemeanor, Class C misdemeanor, or a
24petty or business offense if committed by an adult, the court
25shall automatically order the expungement of the juvenile court
26and law enforcement records within 60 business days.

 

 

HB5447 Enrolled- 1820 -LRB100 16294 AMC 31417 b

1    (b) If the chief law enforcement officer of the agency, or
2his or her designee, certifies in writing that certain
3information is needed for a pending investigation involving the
4commission of a felony, that information, and information
5identifying the juvenile, may be retained in an intelligence
6file until the investigation is terminated or for one
7additional year, whichever is sooner. Retention of a portion of
8a juvenile's law enforcement record does not disqualify the
9remainder of his or her record from immediate automatic
10expungement.
11    (0.3) (a) Upon an adjudication of delinquency based on any
12offense except a disqualified offense, the juvenile court shall
13automatically order the expungement of the juvenile records 2
14years after the juvenile's case was closed if no delinquency or
15criminal proceeding is pending and the person has had no
16subsequent delinquency adjudication or criminal conviction.
17The court shall automatically order the expungement of the
18juvenile court and law enforcement records within 60 business
19days. For the purposes of this subsection (0.3), "disqualified
20offense" means any of the following offenses: Section 8-1.2,
219-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1,
2210-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
2311-6, 11-6.5, 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2,
2412-6.5, 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5,
2518-1, 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2,
2624-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9,

 

 

HB5447 Enrolled- 1821 -LRB100 16294 AMC 31417 b

129D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal
2Code of 2012, or subsection (b) of Section 8-1, paragraph (4)
3of subsection (a) of Section 11-14.4, subsection (a-5) of
4Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) of
5Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3,
6paragraph (1) or (2) of subsection (a) of Section 12-7.4,
7subparagraph (i) of paragraph (1) of subsection (a) of Section
812-9, subparagraph (H) of paragraph (3) of subsection (a) of
9Section 24-1.6, paragraph (1) of subsection (a) of Section
1025-1, or subsection (a-7) of Section 31-1 of the Criminal Code
11of 2012.
12    (b) If the chief law enforcement officer of the agency, or
13his or her designee, certifies in writing that certain
14information is needed for a pending investigation involving the
15commission of a felony, that information, and information
16identifying the juvenile, may be retained in an intelligence
17file until the investigation is terminated or for one
18additional year, whichever is sooner. Retention of a portion of
19a juvenile's law enforcement record does not disqualify the
20remainder of his or her record from immediate automatic
21expungement.
22    (1) Nothing in this subsection (1) precludes an eligible
23minor from obtaining expungement under subsection subsections
24(0.1), (0.2), or (0.3). Whenever a person has been arrested,
25charged, or adjudicated delinquent for an incident occurring
26before his or her 18th birthday that if committed by an adult

 

 

HB5447 Enrolled- 1822 -LRB100 16294 AMC 31417 b

1would be an offense, and that person's records are not eligible
2for automatic expungement under subsection subsections (0.1),
3(0.2), or (0.3), the person may petition the court at any time
4for expungement of law enforcement records and juvenile court
5records relating to the incident and, upon termination of all
6juvenile court proceedings relating to that incident, the court
7shall order the expungement of all records in the possession of
8the Department of State Police, the clerk of the circuit court,
9and law enforcement agencies relating to the incident, but only
10in any of the following circumstances:
11        (a) the minor was arrested and no petition for
12    delinquency was filed with the clerk of the circuit court;
13        (a-5) the minor was charged with an offense and the
14    petition or petitions were dismissed without a finding of
15    delinquency;
16        (b) the minor was charged with an offense and was found
17    not delinquent of that offense;
18        (c) the minor was placed under supervision pursuant to
19    Section 5-615, and the order of supervision has since been
20    successfully terminated; or
21        (d) the minor was adjudicated for an offense which
22    would be a Class B misdemeanor, Class C misdemeanor, or a
23    petty or business offense if committed by an adult.
24    (1.5) January 1, 2015 (Public Act 98-637) The Department of
25State Police shall allow a person to use the Access and Review
26process, established in the Department of State Police, for

 

 

HB5447 Enrolled- 1823 -LRB100 16294 AMC 31417 b

1verifying that his or her law enforcement records relating to
2incidents occurring before his or her 18th birthday eligible
3under this Act have been expunged.
4    (1.6) (Blank). January 1, 2015 (Public Act 98-637) January
51, 2015 (Public Act 98-637)
6    (1.7) (Blank).
7    (1.8) (Blank).
8    (2) Any person whose delinquency adjudications are not
9eligible for automatic expungement under subsection (0.3) of
10this Section may petition the court to expunge all law
11enforcement records relating to any incidents occurring before
12his or her 18th birthday which did not result in proceedings in
13criminal court and all juvenile court records with respect to
14any adjudications except those based upon first degree murder
15or an offense under Article 11 of the Criminal Code of 2012 if
16the person is required to register under the Sex Offender
17Registration Act; provided that:
18        (a) (blank); or
19        (b) 2 years have elapsed since all juvenile court
20    proceedings relating to him or her have been terminated and
21    his or her commitment to the Department of Juvenile Justice
22    under this Act has been terminated.
23    (2.5) If a minor is arrested and no petition for
24delinquency is filed with the clerk of the circuit court at the
25time the minor is released from custody, the youth officer, if
26applicable, or other designated person from the arresting

 

 

HB5447 Enrolled- 1824 -LRB100 16294 AMC 31417 b

1agency, shall notify verbally and in writing to the minor or
2the minor's parents or guardians that the minor shall have an
3arrest record and shall provide the minor and the minor's
4parents or guardians with an expungement information packet,
5information regarding this State's expungement laws including
6a petition to expunge juvenile records obtained from the clerk
7of the circuit court.
8    (2.6) If a minor is referred to court then at the time of
9sentencing or dismissal of the case, or successful completion
10of supervision, the judge shall inform the delinquent minor of
11his or her rights regarding expungement and the clerk of the
12circuit court shall provide an expungement information packet
13to the minor, written in plain language, including information
14regarding this State's expungement laws and a petition for
15expungement, a sample of a completed petition, expungement
16instructions that shall include information informing the
17minor that (i) once the case is expunged, it shall be treated
18as if it never occurred, (ii) he or she may apply to have
19petition fees waived, (iii) once he or she obtains an
20expungement, he or she may not be required to disclose that he
21or she had a juvenile record, and (iv) if petitioning he or she
22may file the petition on his or her own or with the assistance
23of an attorney. The failure of the judge to inform the
24delinquent minor of his or her right to petition for
25expungement as provided by law does not create a substantive
26right, nor is that failure grounds for: (i) a reversal of an

 

 

HB5447 Enrolled- 1825 -LRB100 16294 AMC 31417 b

1adjudication of delinquency, (ii) a new trial; or (iii) an
2appeal.
3    (2.7) (Blank).
4    (2.8) The petition for expungement for subsection (1) and
5(2) may include multiple offenses on the same petition and
6shall be substantially in the following form:
7
IN THE CIRCUIT COURT OF ......, ILLINOIS
8
........ JUDICIAL CIRCUIT

 
9IN THE INTEREST OF )    NO.
10                   )
11                   )
12...................)
13(Name of Petitioner)
 
14
PETITION TO EXPUNGE JUVENILE RECORDS
15
(705 ILCS 405/5-915 (SUBSECTION 1 AND 2))
16Now comes ............., petitioner, and respectfully requests
17that this Honorable Court enter an order expunging all juvenile
18law enforcement and court records of petitioner and in support
19thereof states that: Petitioner was arrested on ..... by the
20....... Police Department for the offense or offenses of
21......., and:
22(Check All That Apply:)
23( ) a. no petition or petitions were filed with the Clerk of
24the Circuit Court.

 

 

HB5447 Enrolled- 1826 -LRB100 16294 AMC 31417 b

1( ) b. was charged with ...... and was found not delinquent of
2the offense or offenses.
3( ) c. a petition or petitions were filed and the petition or
4petitions were dismissed without a finding of delinquency on
5.....
6( ) d. on ....... placed under supervision pursuant to Section
75-615 of the Juvenile Court Act of 1987 and such order of
8supervision successfully terminated on ........
9( ) e. was adjudicated for the offense or offenses, which would
10have been a Class B misdemeanor, a Class C misdemeanor, or a
11petty offense or business offense if committed by an adult.
12( ) f. was adjudicated for a Class A misdemeanor or felony,
13except first degree murder or an offense under Article 11 of
14the Criminal Code of 2012 if the person is required to register
15under the Sex Offender Registration Act, and 2 years have
16passed since the case was closed.
17Petitioner .... has .... has not been arrested on charges in
18this or any county other than the charges listed above. If
19petitioner has been arrested on additional charges, please list
20the charges below:
21Charge(s): ......
22Arresting Agency or Agencies: ...........
23Disposition/Result: (choose from a. through f., above): .....
24WHEREFORE, the petitioner respectfully requests this Honorable
25Court to (1) order all law enforcement agencies to expunge all
26records of petitioner to this incident or incidents, and (2) to

 

 

HB5447 Enrolled- 1827 -LRB100 16294 AMC 31417 b

1order the Clerk of the Court to expunge all records concerning
2the petitioner regarding this incident or incidents.
 
3
......................
4
Petitioner (Signature)

 
5
..........................
6
Petitioner's Street Address

 
7
.....................
8
City, State, Zip Code

 
9
.............................
10
Petitioner's Telephone Number

 
11Pursuant to the penalties of perjury under the Code of Civil
12Procedure, 735 ILCS 5/1-109, I hereby certify that the
13statements in this petition are true and correct, or on
14information and belief I believe the same to be true.
 
15
......................
16
Petitioner (Signature)
17first degree
18    (3) The chief judge of the circuit in which an arrest was
19made or a charge was brought or any judge of that circuit
20designated by the chief judge may, upon verified petition of a

 

 

HB5447 Enrolled- 1828 -LRB100 16294 AMC 31417 b

1person who is the subject of an arrest or a juvenile court
2proceeding under subsection (1) or (2) of this Section, order
3the law enforcement records or official court file, or both, to
4be expunged from the official records of the arresting
5authority, the clerk of the circuit court and the Department of
6State Police. The person whose records are to be expunged shall
7petition the court using the appropriate form containing his or
8her current address and shall promptly notify the clerk of the
9circuit court of any change of address. Notice of the petition
10shall be served upon the State's Attorney or prosecutor charged
11with the duty of prosecuting the offense, the Department of
12State Police, and the arresting agency or agencies by the clerk
13of the circuit court. If an objection is filed within 45 days
14of the notice of the petition, the clerk of the circuit court
15shall set a date for hearing after the 45-day objection period.
16At the hearing the court shall hear evidence on whether the
17expungement should or should not be granted. Unless the State's
18Attorney or prosecutor, the Department of State Police, or an
19arresting agency objects to the expungement within 45 days of
20the notice, the court may enter an order granting expungement.
21The clerk shall forward a certified copy of the order to the
22Department of State Police and deliver a certified copy of the
23order to the arresting agency.
24    (3.1) The Notice of Expungement shall be in substantially
25the following form:
26
IN THE CIRCUIT COURT OF ....., ILLINOIS

 

 

HB5447 Enrolled- 1829 -LRB100 16294 AMC 31417 b

1
.... JUDICIAL CIRCUIT

 
2IN THE INTEREST OF )    NO.
3                   )
4                   )
5...................)
6(Name of Petitioner)
 
7
NOTICE
8TO:  State's Attorney
9TO:  Arresting Agency
10
11................
12................
13
14................
15................
16TO:  Illinois State Police
17
18.....................
19
20.....................
21ATTENTION: Expungement
22You are hereby notified that on ....., at ....., in courtroom
23..., located at ..., before the Honorable ..., Judge, or any
24judge sitting in his/her stead, I shall then and there present

 

 

HB5447 Enrolled- 1830 -LRB100 16294 AMC 31417 b

1a Petition to Expunge Juvenile records in the above-entitled
2matter, at which time and place you may appear.
3
......................
4
Petitioner's Signature
5
...........................
6
Petitioner's Street Address
7
.....................
8
City, State, Zip Code
9
.............................
10
Petitioner's Telephone Number
11
PROOF OF SERVICE
12On the ....... day of ......, 20..., I on oath state that I
13served this notice and true and correct copies of the
14above-checked documents by:
15(Check One:)
16delivering copies personally to each entity to whom they are
17directed;
18or
19by mailing copies to each entity to whom they are directed by
20depositing the same in the U.S. Mail, proper postage fully
21prepaid, before the hour of 5:00 p.m., at the United States
22Postal Depository located at .................
23
.........................................
24
25Signature
26
Clerk of the Circuit Court or Deputy Clerk

 

 

HB5447 Enrolled- 1831 -LRB100 16294 AMC 31417 b

1Printed Name of Delinquent Minor/Petitioner: ....
2Address: ........................................
3Telephone Number: ...............................
4    (3.2) The Order of Expungement shall be in substantially
5the following form:
6
IN THE CIRCUIT COURT OF ....., ILLINOIS
7
.... JUDICIAL CIRCUIT

 
8IN THE INTEREST OF )    NO.
9                   )
10                   )
11...................)
12(Name of Petitioner)
 
13DOB ................
14Arresting Agency/Agencies ......
15
ORDER OF EXPUNGEMENT
16
(705 ILCS 405/5-915 (SUBSECTION 3))
17This matter having been heard on the petitioner's motion and
18the court being fully advised in the premises does find that
19the petitioner is indigent or has presented reasonable cause to
20waive all costs in this matter, IT IS HEREBY ORDERED that:
21    ( ) 1. Clerk of Court and Department of State Police costs
22are hereby waived in this matter.
23    ( ) 2. The Illinois State Police Bureau of Identification
24and the following law enforcement agencies expunge all records

 

 

HB5447 Enrolled- 1832 -LRB100 16294 AMC 31417 b

1of petitioner relating to an arrest dated ...... for the
2offense of ......
3
Law Enforcement Agencies:
4
.........................
5
.........................
6    ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit
7Court expunge all records regarding the above-captioned case.
8
ENTER: ......................
9
10JUDGE
11DATED: .......
12Name:
13Attorney for:
14Address: City/State/Zip:
15Attorney Number:
16    (3.3) The Notice of Objection shall be in substantially the
17following form:
18
IN THE CIRCUIT COURT OF ....., ILLINOIS
19
....................... JUDICIAL CIRCUIT

 
20IN THE INTEREST OF )    NO.
21                   )
22                   )
23...................)
24(Name of Petitioner)
 

 

 

HB5447 Enrolled- 1833 -LRB100 16294 AMC 31417 b

1
NOTICE OF OBJECTION
2TO:(Attorney, Public Defender, Minor)
3.................................
4.................................
5TO:(Illinois State Police)
6.................................
7.................................
8TO:(Clerk of the Court)
9.................................
10.................................
11TO:(Judge)
12.................................
13.................................
14TO:(Arresting Agency/Agencies)
15.................................
16.................................
17ATTENTION: You are hereby notified that an objection has been
18filed by the following entity regarding the above-named minor's
19petition for expungement of juvenile records:
20( ) State's Attorney's Office;
21( ) Prosecutor (other than State's Attorney's Office) charged
22with the duty of prosecuting the offense sought to be expunged;
23( ) Department of Illinois State Police; or
24( ) Arresting Agency or Agencies.
25The agency checked above respectfully requests that this case
26be continued and set for hearing on whether the expungement

 

 

HB5447 Enrolled- 1834 -LRB100 16294 AMC 31417 b

1should or should not be granted.
2DATED: .......
3Name:
4Attorney For:
5Address:
6City/State/Zip:
7Telephone:
8Attorney No.:
9
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
10This matter has been set for hearing on the foregoing
11objection, on ...... in room ...., located at ....., before the
12Honorable ....., Judge, or any judge sitting in his/her stead.
13(Only one hearing shall be set, regardless of the number of
14Notices of Objection received on the same case).
15A copy of this completed Notice of Objection containing the
16court date, time, and location, has been sent via regular U.S.
17Mail to the following entities. (If more than one Notice of
18Objection is received on the same case, each one must be
19completed with the court date, time and location and mailed to
20the following entities):
21( ) Attorney, Public Defender or Minor;
22( ) State's Attorney's Office;
23( ) Prosecutor (other than State's Attorney's Office) charged
24with the duty of prosecuting the offense sought to be expunged;
25( ) Department of Illinois State Police; and
26( ) Arresting agency or agencies.

 

 

HB5447 Enrolled- 1835 -LRB100 16294 AMC 31417 b

1Date: ......
2Initials of Clerk completing this section: .....
3    (4)(a) Upon entry of an order expunging records or files,
4the offense, which the records or files concern shall be
5treated as if it never occurred. Law enforcement officers and
6other public offices and agencies shall properly reply on
7inquiry that no record or file exists with respect to the
8person.
9    (a-5) Local law enforcement agencies shall send written
10notice to the minor of the expungement of any records within 60
11days of automatic expungement or the date of service of an
12expungement order, whichever applies. If a minor's court file
13has been expunged, the clerk of the circuit court shall send
14written notice to the minor of the expungement of any records
15within 60 days of automatic expungement or the date of service
16of an expungement order, whichever applies.
17    (b) Except with respect to authorized military personnel,
18an expunged juvenile record may not be considered by any
19private or public entity in employment matters, certification,
20licensing, revocation of certification or licensure, or
21registration. Applications for employment within the State
22must contain specific language that states that the applicant
23is not obligated to disclose expunged juvenile records of
24adjudication or arrest. Employers may not ask, in any format or
25context, if an applicant has had a juvenile record expunged.
26Information about an expunged record obtained by a potential

 

 

HB5447 Enrolled- 1836 -LRB100 16294 AMC 31417 b

1employer, even inadvertently, from an employment application
2that does not contain specific language that states that the
3applicant is not obligated to disclose expunged juvenile
4records of adjudication or arrest, shall be treated as
5dissemination of an expunged record by the employer.
6    (c) A person whose juvenile records have been expunged is
7not entitled to remission of any fines, costs, or other money
8paid as a consequence of expungement.
9    (5) (Blank).,
10    (5.5) Whether or not expunged, records eligible for
11automatic expungement under subdivision (0.1)(a), (0.2)(a), or
12(0.3)(a) may be treated as expunged by the individual subject
13to the records.
14    (6) Nothing in this Section shall be construed to prohibit
15the maintenance of information relating to an offense after
16records or files concerning the offense have been expunged if
17the information is kept in a manner that does not enable
18identification of the individual. This information may only be
19used for anonymous statistical and bona fide research purposes.
20    (6.5) The Department of State Police or any employee of the
21Department shall be immune from civil or criminal liability for
22failure to expunge any records of arrest that are subject to
23expungement under this Section because of inability to verify a
24record. Nothing in this Section shall create Department of
25State Police liability or responsibility for the expungement of
26law enforcement records it does not possess.

 

 

HB5447 Enrolled- 1837 -LRB100 16294 AMC 31417 b

1    (7)(a) The State Appellate Defender shall establish,
2maintain, and carry out, by December 31, 2004, a juvenile
3expungement program to provide information and assistance to
4minors eligible to have their juvenile records expunged.
5    (b) The State Appellate Defender shall develop brochures,
6pamphlets, and other materials in printed form and through the
7agency's World Wide Web site. The pamphlets and other materials
8shall include at a minimum the following information:
9        (i) An explanation of the State's juvenile expungement
10    laws, including both automatic expungement and expungement
11    by petition;
12        (ii) The circumstances under which juvenile
13    expungement may occur;
14        (iii) The juvenile offenses that may be expunged;
15        (iv) The steps necessary to initiate and complete the
16    juvenile expungement process; and
17        (v) Directions on how to contact the State Appellate
18    Defender.
19    (c) The State Appellate Defender shall establish and
20maintain a statewide toll-free telephone number that a person
21may use to receive information or assistance concerning the
22expungement of juvenile records. The State Appellate Defender
23shall advertise the toll-free telephone number statewide. The
24State Appellate Defender shall develop an expungement
25information packet that may be sent to eligible persons seeking
26expungement of their juvenile records, which may include, but

 

 

HB5447 Enrolled- 1838 -LRB100 16294 AMC 31417 b

1is not limited to, a pre-printed expungement petition with
2instructions on how to complete the petition and a pamphlet
3containing information that would assist individuals through
4the juvenile expungement process.
5    (d) The State Appellate Defender shall compile a statewide
6list of volunteer attorneys willing to assist eligible
7individuals through the juvenile expungement process.
8    (e) This Section shall be implemented from funds
9appropriated by the General Assembly to the State Appellate
10Defender for this purpose. The State Appellate Defender shall
11employ the necessary staff and adopt the necessary rules for
12implementation of this Section.
13    (7.5) (a) Willful dissemination of any information
14contained in an expunged record shall be treated as a Class C
15misdemeanor and punishable by a fine of $1,000 per violation.
16    (b) Willful dissemination for financial gain of any
17information contained in an expunged record shall be treated as
18a Class 4 felony. Dissemination for financial gain by an
19employee of any municipal, county, or State agency, including
20law enforcement, shall result in immediate termination.
21    (c) The person whose record was expunged has a right of
22action against any person who intentionally disseminates an
23expunged record. In the proceeding, punitive damages up to an
24amount of $1,000 may be sought in addition to any actual
25damages. The prevailing party shall be entitled to costs and
26reasonable attorney fees.

 

 

HB5447 Enrolled- 1839 -LRB100 16294 AMC 31417 b

1    (d) The punishments for dissemination of an expunged record
2shall never apply to the person whose record was expunged.
3    (8)(a) An expunged juvenile record may not be considered by
4any private or public entity in employment matters,
5certification, licensing, revocation of certification or
6licensure, or registration. Applications for employment must
7contain specific language that states that the applicant is not
8obligated to disclose expunged juvenile records of
9adjudication, conviction, or arrest. Employers may not ask if
10an applicant has had a juvenile record expunged. Effective
11January 1, 2005, the Department of Labor shall develop a link
12on the Department's website to inform employers that employers
13may not ask if an applicant had a juvenile record expunged and
14that application for employment must contain specific language
15that states that the applicant is not obligated to disclose
16expunged juvenile records of adjudication, arrest, or
17conviction.
18    (b) (Blank). Public Act 93-912
19    (c) The expungement of juvenile records under subsection
20subsections 0.1, 0.2, or 0.3 of this Section shall be funded by
21the additional fine imposed under Section 5-9-1.17 of the
22Unified Code of Corrections.
23    (9) (Blank).
24    (10) (Blank). Public Act 98-637 Public Act 98-637
25(Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17;
26100-201, eff. 8-18-17; 100-285, eff. 1-1-18; revised

 

 

HB5447 Enrolled- 1840 -LRB100 16294 AMC 31417 b

110-10-17.)
 
2    Section 565. The Criminal Code of 2012 is amended by
3changing Sections 3-5, 3-6, 9-1, 11-9.1, and 12-7.1 as follows:
 
4    (720 ILCS 5/3-5)  (from Ch. 38, par. 3-5)
5    Sec. 3-5. General limitations.
6    (a) A prosecution for: (1) first degree murder, attempt to
7commit first degree murder, second degree murder, involuntary
8manslaughter, reckless homicide, or a violation of
9subparagraph (F) of paragraph (1) of subsection (d) of Section
1011-501 of the Illinois Vehicle Code for the offense of
11aggravated driving under the influence of alcohol, other drug
12or drugs, or intoxicating compound or compounds, or any
13combination thereof when the violation was a proximate cause of
14a death, leaving the scene of a motor vehicle accident
15involving death or personal injuries under Section 11-401 of
16the Illinois Vehicle Code, failing to give information and
17render aid under Section 11-403 of the Illinois Vehicle Code,
18concealment of homicidal death, treason, arson, residential
19arson, aggravated arson, forgery, child pornography under
20paragraph (1) of subsection (a) of Section 11-20.1, or
21aggravated child pornography under paragraph (1) of subsection
22(a) of Section 11-20.1B, or (2) any offense involving sexual
23conduct or sexual penetration, as defined by Section 11-0.1 of
24this Code in which the DNA profile of the offender is obtained

 

 

HB5447 Enrolled- 1841 -LRB100 16294 AMC 31417 b

1and entered into a DNA database within 10 years after the
2commission of the offense, may be commenced at any time. Clause
3(2) of this subsection (a) applies if either: (i) the victim
4reported the offense to law enforcement authorities within 3
5years after the commission of the offense unless a longer
6period for reporting the offense to law enforcement authorities
7is provided in Section 3-6 or (ii) the victim is murdered
8during the course of the offense or within 2 years after the
9commission of the offense.
10    (a-5) A prosecution for theft of property exceeding
11$100,000 in value under Section 16-1, identity theft under
12subsection (a) of Section 16-30, aggravated identity theft
13under subsection (b) of Section 16-30, financial exploitation
14of an elderly person or a person with a disability under
15Section 17-56; or any offense set forth in Article 16H or
16Section 17-10.6 may be commenced within 7 years of the last act
17committed in furtherance of the crime.
18    (b) Unless the statute describing the offense provides
19otherwise, or the period of limitation is extended by Section
203-6, a prosecution for any offense not designated in subsection
21(a) or (a-5) must be commenced within 3 years after the
22commission of the offense if it is a felony, or within one year
23and 6 months after its commission if it is a misdemeanor.
24(Source: P.A. 99-820, eff. 8-15-16; 100-149, eff. 1-1-18;
25revised 10-5-17.)
 

 

 

HB5447 Enrolled- 1842 -LRB100 16294 AMC 31417 b

1    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
2    Sec. 3-6. Extended limitations. The period within which a
3prosecution must be commenced under the provisions of Section
43-5 or other applicable statute is extended under the following
5conditions:
6    (a) A prosecution for theft involving a breach of a
7fiduciary obligation to the aggrieved person may be commenced
8as follows:
9        (1) If the aggrieved person is a minor or a person
10    under legal disability, then during the minority or legal
11    disability or within one year after the termination
12    thereof.
13        (2) In any other instance, within one year after the
14    discovery of the offense by an aggrieved person, or by a
15    person who has legal capacity to represent an aggrieved
16    person or has a legal duty to report the offense, and is
17    not himself or herself a party to the offense; or in the
18    absence of such discovery, within one year after the proper
19    prosecuting officer becomes aware of the offense. However,
20    in no such case is the period of limitation so extended
21    more than 3 years beyond the expiration of the period
22    otherwise applicable.
23    (b) A prosecution for any offense based upon misconduct in
24office by a public officer or employee may be commenced within
25one year after discovery of the offense by a person having a
26legal duty to report such offense, or in the absence of such

 

 

HB5447 Enrolled- 1843 -LRB100 16294 AMC 31417 b

1discovery, within one year after the proper prosecuting officer
2becomes aware of the offense. However, in no such case is the
3period of limitation so extended more than 3 years beyond the
4expiration of the period otherwise applicable.
5    (b-5) When the victim is under 18 years of age at the time
6of the offense, a prosecution for involuntary servitude,
7involuntary sexual servitude of a minor, or trafficking in
8persons and related offenses under Section 10-9 of this Code
9may be commenced within 25 years of the victim attaining the
10age of 18 years.
11    (c) (Blank).
12    (d) A prosecution for child pornography, aggravated child
13pornography, indecent solicitation of a child, soliciting for a
14juvenile prostitute, juvenile pimping, exploitation of a
15child, or promoting juvenile prostitution except for keeping a
16place of juvenile prostitution may be commenced within one year
17of the victim attaining the age of 18 years. However, in no
18such case shall the time period for prosecution expire sooner
19than 3 years after the commission of the offense.
20    (e) Except as otherwise provided in subdivision (j), a
21prosecution for any offense involving sexual conduct or sexual
22penetration, as defined in Section 11-0.1 of this Code, where
23the defendant was within a professional or fiduciary
24relationship or a purported professional or fiduciary
25relationship with the victim at the time of the commission of
26the offense may be commenced within one year after the

 

 

HB5447 Enrolled- 1844 -LRB100 16294 AMC 31417 b

1discovery of the offense by the victim.
2    (f) A prosecution for any offense set forth in Section 44
3of the "Environmental Protection Act", approved June 29, 1970,
4as amended, may be commenced within 5 years after the discovery
5of such an offense by a person or agency having the legal duty
6to report the offense or in the absence of such discovery,
7within 5 years after the proper prosecuting officer becomes
8aware of the offense.
9    (f-5) A prosecution for any offense set forth in Section
1016-30 of this Code may be commenced within 5 years after the
11discovery of the offense by the victim of that offense.
12    (g) (Blank).
13    (h) (Blank).
14    (i) Except as otherwise provided in subdivision (j), a
15prosecution for criminal sexual assault, aggravated criminal
16sexual assault, or aggravated criminal sexual abuse may be
17commenced within 10 years of the commission of the offense if
18the victim reported the offense to law enforcement authorities
19within 3 years after the commission of the offense.
20    Nothing in this subdivision (i) shall be construed to
21shorten a period within which a prosecution must be commenced
22under any other provision of this Section.
23    (i-5) A prosecution for armed robbery, home invasion,
24kidnapping, or aggravated kidnaping may be commenced within 10
25years of the commission of the offense if it arises out of the
26same course of conduct and meets the criteria under one of the

 

 

HB5447 Enrolled- 1845 -LRB100 16294 AMC 31417 b

1offenses in subsection (i) of this Section.
2    (j) (1) When the victim is under 18 years of age at the
3time of the offense, a prosecution for criminal sexual assault,
4aggravated criminal sexual assault, predatory criminal sexual
5assault of a child, aggravated criminal sexual abuse, or felony
6criminal sexual abuse may be commenced at any time.
7    (2) When the victim is under 18 years of age at the time of
8the offense, a prosecution for failure of a person who is
9required to report an alleged or suspected commission of
10criminal sexual assault, aggravated criminal sexual assault,
11predatory criminal sexual assault of a child, aggravated
12criminal sexual abuse, or felony criminal sexual abuse under
13the Abused and Neglected Child Reporting Act may be commenced
14within 20 years after the child victim attains 18 years of age.
15    (3) When the victim is under 18 years of age at the time of
16the offense, a prosecution for misdemeanor criminal sexual
17abuse may be commenced within 10 years after the child victim
18attains 18 years of age.
19    (4) Nothing in this subdivision (j) shall be construed to
20shorten a period within which a prosecution must be commenced
21under any other provision of this Section.
22    (j-5) A prosecution for armed robbery, home invasion,
23kidnapping, or aggravated kidnaping may be commenced at any
24time if it arises out of the same course of conduct and meets
25the criteria under one of the offenses in subsection (j) of
26this Section.

 

 

HB5447 Enrolled- 1846 -LRB100 16294 AMC 31417 b

1    (k) (Blank).
2    (l) A prosecution for any offense set forth in Section 26-4
3of this Code may be commenced within one year after the
4discovery of the offense by the victim of that offense.
5    (m) The prosecution shall not be required to prove at trial
6facts which extend the general limitations in Section 3-5 of
7this Code when the facts supporting extension of the period of
8general limitations are properly pled in the charging document.
9Any challenge relating to the extension of the general
10limitations period as defined in this Section shall be
11exclusively conducted under Section 114-1 of the Code of
12Criminal Procedure of 1963.
13(Source: P.A. 99-234, eff. 8-3-15; 99-820, eff. 8-15-16;
14100-80, eff. 8-11-17; 100-318, eff. 8-24-17; 100-434, eff.
151-1-18; revised 10-5-17.)
 
16    (720 ILCS 5/9-1)  (from Ch. 38, par. 9-1)
17    Sec. 9-1. First degree murder; death penalties;
18exceptions; separate hearings; proof; findings; appellate
19procedures; reversals. First degree Murder - Death penalties -
20Exceptions - Separate Hearings - Proof - Findings - Appellate
21procedures - Reversals.
22    (a) A person who kills an individual without lawful
23justification commits first degree murder if, in performing the
24acts which cause the death:
25        (1) he either intends to kill or do great bodily harm

 

 

HB5447 Enrolled- 1847 -LRB100 16294 AMC 31417 b

1    to that individual or another, or knows that such acts will
2    cause death to that individual or another; or
3        (2) he knows that such acts create a strong probability
4    of death or great bodily harm to that individual or
5    another; or
6        (3) he is attempting or committing a forcible felony
7    other than second degree murder.
8    (b) Aggravating Factors. A defendant who at the time of the
9commission of the offense has attained the age of 18 or more
10and who has been found guilty of first degree murder may be
11sentenced to death if:
12        (1) the murdered individual was a peace officer or
13    fireman killed in the course of performing his official
14    duties, to prevent the performance of his official duties,
15    or in retaliation for performing his official duties, and
16    the defendant knew or should have known that the murdered
17    individual was a peace officer or fireman; or
18        (2) the murdered individual was an employee of an
19    institution or facility of the Department of Corrections,
20    or any similar local correctional agency, killed in the
21    course of performing his official duties, to prevent the
22    performance of his official duties, or in retaliation for
23    performing his official duties, or the murdered individual
24    was an inmate at such institution or facility and was
25    killed on the grounds thereof, or the murdered individual
26    was otherwise present in such institution or facility with

 

 

HB5447 Enrolled- 1848 -LRB100 16294 AMC 31417 b

1    the knowledge and approval of the chief administrative
2    officer thereof; or
3        (3) the defendant has been convicted of murdering two
4    or more individuals under subsection (a) of this Section or
5    under any law of the United States or of any state which is
6    substantially similar to subsection (a) of this Section
7    regardless of whether the deaths occurred as the result of
8    the same act or of several related or unrelated acts so
9    long as the deaths were the result of either an intent to
10    kill more than one person or of separate acts which the
11    defendant knew would cause death or create a strong
12    probability of death or great bodily harm to the murdered
13    individual or another; or
14        (4) the murdered individual was killed as a result of
15    the hijacking of an airplane, train, ship, bus or other
16    public conveyance; or
17        (5) the defendant committed the murder pursuant to a
18    contract, agreement or understanding by which he was to
19    receive money or anything of value in return for committing
20    the murder or procured another to commit the murder for
21    money or anything of value; or
22        (6) the murdered individual was killed in the course of
23    another felony if:
24            (a) the murdered individual:
25                (i) was actually killed by the defendant, or
26                (ii) received physical injuries personally

 

 

HB5447 Enrolled- 1849 -LRB100 16294 AMC 31417 b

1            inflicted by the defendant substantially
2            contemporaneously with physical injuries caused by
3            one or more persons for whose conduct the defendant
4            is legally accountable under Section 5-2 of this
5            Code, and the physical injuries inflicted by
6            either the defendant or the other person or persons
7            for whose conduct he is legally accountable caused
8            the death of the murdered individual; and
9            (b) in performing the acts which caused the death
10        of the murdered individual or which resulted in
11        physical injuries personally inflicted by the
12        defendant on the murdered individual under the
13        circumstances of subdivision (ii) of subparagraph (a)
14        of paragraph (6) of subsection (b) of this Section, the
15        defendant acted with the intent to kill the murdered
16        individual or with the knowledge that his acts created
17        a strong probability of death or great bodily harm to
18        the murdered individual or another; and
19            (c) the other felony was an inherently violent
20        crime or the attempt to commit an inherently violent
21        crime. In this subparagraph (c), "inherently violent
22        crime" includes, but is not limited to, armed robbery,
23        robbery, predatory criminal sexual assault of a child,
24        aggravated criminal sexual assault, aggravated
25        kidnapping, aggravated vehicular hijacking, aggravated
26        arson, aggravated stalking, residential burglary, and

 

 

HB5447 Enrolled- 1850 -LRB100 16294 AMC 31417 b

1        home invasion; or
2        (7) the murdered individual was under 12 years of age
3    and the death resulted from exceptionally brutal or heinous
4    behavior indicative of wanton cruelty; or
5        (8) the defendant committed the murder with intent to
6    prevent the murdered individual from testifying or
7    participating in any criminal investigation or prosecution
8    or giving material assistance to the State in any
9    investigation or prosecution, either against the defendant
10    or another; or the defendant committed the murder because
11    the murdered individual was a witness in any prosecution or
12    gave material assistance to the State in any investigation
13    or prosecution, either against the defendant or another;
14    for purposes of this paragraph (8), "participating in any
15    criminal investigation or prosecution" is intended to
16    include those appearing in the proceedings in any capacity
17    such as trial judges, prosecutors, defense attorneys,
18    investigators, witnesses, or jurors; or
19        (9) the defendant, while committing an offense
20    punishable under Sections 401, 401.1, 401.2, 405, 405.2,
21    407 or 407.1 or subsection (b) of Section 404 of the
22    Illinois Controlled Substances Act, or while engaged in a
23    conspiracy or solicitation to commit such offense,
24    intentionally killed an individual or counseled,
25    commanded, induced, procured or caused the intentional
26    killing of the murdered individual; or

 

 

HB5447 Enrolled- 1851 -LRB100 16294 AMC 31417 b

1        (10) the defendant was incarcerated in an institution
2    or facility of the Department of Corrections at the time of
3    the murder, and while committing an offense punishable as a
4    felony under Illinois law, or while engaged in a conspiracy
5    or solicitation to commit such offense, intentionally
6    killed an individual or counseled, commanded, induced,
7    procured or caused the intentional killing of the murdered
8    individual; or
9        (11) the murder was committed in a cold, calculated and
10    premeditated manner pursuant to a preconceived plan,
11    scheme or design to take a human life by unlawful means,
12    and the conduct of the defendant created a reasonable
13    expectation that the death of a human being would result
14    therefrom; or
15        (12) the murdered individual was an emergency medical
16    technician - ambulance, emergency medical technician -
17    intermediate, emergency medical technician - paramedic,
18    ambulance driver, or other medical assistance or first aid
19    personnel, employed by a municipality or other
20    governmental unit, killed in the course of performing his
21    official duties, to prevent the performance of his official
22    duties, or in retaliation for performing his official
23    duties, and the defendant knew or should have known that
24    the murdered individual was an emergency medical
25    technician - ambulance, emergency medical technician -
26    intermediate, emergency medical technician - paramedic,

 

 

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1    ambulance driver, or other medical assistance or first aid
2    personnel; or
3        (13) the defendant was a principal administrator,
4    organizer, or leader of a calculated criminal drug
5    conspiracy consisting of a hierarchical position of
6    authority superior to that of all other members of the
7    conspiracy, and the defendant counseled, commanded,
8    induced, procured, or caused the intentional killing of the
9    murdered person; or
10        (14) the murder was intentional and involved the
11    infliction of torture. For the purpose of this Section
12    torture means the infliction of or subjection to extreme
13    physical pain, motivated by an intent to increase or
14    prolong the pain, suffering or agony of the victim; or
15        (15) the murder was committed as a result of the
16    intentional discharge of a firearm by the defendant from a
17    motor vehicle and the victim was not present within the
18    motor vehicle; or
19        (16) the murdered individual was 60 years of age or
20    older and the death resulted from exceptionally brutal or
21    heinous behavior indicative of wanton cruelty; or
22        (17) the murdered individual was a person with a
23    disability and the defendant knew or should have known that
24    the murdered individual was a person with a disability. For
25    purposes of this paragraph (17), "person with a disability"
26    means a person who suffers from a permanent physical or

 

 

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1    mental impairment resulting from disease, an injury, a
2    functional disorder, or a congenital condition that
3    renders the person incapable of adequately providing for
4    his or her own health or personal care; or
5        (18) the murder was committed by reason of any person's
6    activity as a community policing volunteer or to prevent
7    any person from engaging in activity as a community
8    policing volunteer; or
9        (19) the murdered individual was subject to an order of
10    protection and the murder was committed by a person against
11    whom the same order of protection was issued under the
12    Illinois Domestic Violence Act of 1986; or
13        (20) the murdered individual was known by the defendant
14    to be a teacher or other person employed in any school and
15    the teacher or other employee is upon the grounds of a
16    school or grounds adjacent to a school, or is in any part
17    of a building used for school purposes; or
18        (21) the murder was committed by the defendant in
19    connection with or as a result of the offense of terrorism
20    as defined in Section 29D-14.9 of this Code.
21    (b-5) Aggravating Factor; Natural Life Imprisonment. A
22defendant who has been found guilty of first degree murder and
23who at the time of the commission of the offense had attained
24the age of 18 years or more may be sentenced to natural life
25imprisonment if (i) the murdered individual was a physician,
26physician assistant, psychologist, nurse, or advanced practice

 

 

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1registered nurse, (ii) the defendant knew or should have known
2that the murdered individual was a physician, physician
3assistant, psychologist, nurse, or advanced practice
4registered nurse, and (iii) the murdered individual was killed
5in the course of acting in his or her capacity as a physician,
6physician assistant, psychologist, nurse, or advanced practice
7registered nurse, or to prevent him or her from acting in that
8capacity, or in retaliation for his or her acting in that
9capacity.
10     (c) Consideration of factors in Aggravation and
11Mitigation.
12    The court shall consider, or shall instruct the jury to
13consider any aggravating and any mitigating factors which are
14relevant to the imposition of the death penalty. Aggravating
15factors may include but need not be limited to those factors
16set forth in subsection (b). Mitigating factors may include but
17need not be limited to the following:
18        (1) the defendant has no significant history of prior
19    criminal activity;
20        (2) the murder was committed while the defendant was
21    under the influence of extreme mental or emotional
22    disturbance, although not such as to constitute a defense
23    to prosecution;
24        (3) the murdered individual was a participant in the
25    defendant's homicidal conduct or consented to the
26    homicidal act;

 

 

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1        (4) the defendant acted under the compulsion of threat
2    or menace of the imminent infliction of death or great
3    bodily harm;
4        (5) the defendant was not personally present during
5    commission of the act or acts causing death;
6        (6) the defendant's background includes a history of
7    extreme emotional or physical abuse;
8        (7) the defendant suffers from a reduced mental
9    capacity.
10    Provided, however, that an action that does not otherwise
11mitigate first degree murder cannot qualify as a mitigating
12factor for first degree murder because of the discovery,
13knowledge, or disclosure of the victim's sexual orientation as
14defined in Section 1-103 of the Illinois Human Rights Act.
15    (d) Separate sentencing hearing.
16    Where requested by the State, the court shall conduct a
17separate sentencing proceeding to determine the existence of
18factors set forth in subsection (b) and to consider any
19aggravating or mitigating factors as indicated in subsection
20(c). The proceeding shall be conducted:
21        (1) before the jury that determined the defendant's
22    guilt; or
23        (2) before a jury impanelled for the purpose of the
24    proceeding if:
25            A. the defendant was convicted upon a plea of
26        guilty; or

 

 

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1            B. the defendant was convicted after a trial before
2        the court sitting without a jury; or
3            C. the court for good cause shown discharges the
4        jury that determined the defendant's guilt; or
5        (3) before the court alone if the defendant waives a
6    jury for the separate proceeding.
7    (e) Evidence and Argument.
8    During the proceeding any information relevant to any of
9the factors set forth in subsection (b) may be presented by
10either the State or the defendant under the rules governing the
11admission of evidence at criminal trials. Any information
12relevant to any additional aggravating factors or any
13mitigating factors indicated in subsection (c) may be presented
14by the State or defendant regardless of its admissibility under
15the rules governing the admission of evidence at criminal
16trials. The State and the defendant shall be given fair
17opportunity to rebut any information received at the hearing.
18    (f) Proof.
19    The burden of proof of establishing the existence of any of
20the factors set forth in subsection (b) is on the State and
21shall not be satisfied unless established beyond a reasonable
22doubt.
23    (g) Procedure - Jury.
24    If at the separate sentencing proceeding the jury finds
25that none of the factors set forth in subsection (b) exists,
26the court shall sentence the defendant to a term of

 

 

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1imprisonment under Chapter V of the Unified Code of
2Corrections. If there is a unanimous finding by the jury that
3one or more of the factors set forth in subsection (b) exist,
4the jury shall consider aggravating and mitigating factors as
5instructed by the court and shall determine whether the
6sentence of death shall be imposed. If the jury determines
7unanimously, after weighing the factors in aggravation and
8mitigation, that death is the appropriate sentence, the court
9shall sentence the defendant to death. If the court does not
10concur with the jury determination that death is the
11appropriate sentence, the court shall set forth reasons in
12writing including what facts or circumstances the court relied
13upon, along with any relevant documents, that compelled the
14court to non-concur with the sentence. This document and any
15attachments shall be part of the record for appellate review.
16The court shall be bound by the jury's sentencing
17determination.
18    If after weighing the factors in aggravation and
19mitigation, one or more jurors determines that death is not the
20appropriate sentence, the court shall sentence the defendant to
21a term of imprisonment under Chapter V of the Unified Code of
22Corrections.
23    (h) Procedure - No Jury.
24    In a proceeding before the court alone, if the court finds
25that none of the factors found in subsection (b) exists, the
26court shall sentence the defendant to a term of imprisonment

 

 

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1under Chapter V of the Unified Code of Corrections.
2    If the Court determines that one or more of the factors set
3forth in subsection (b) exists, the Court shall consider any
4aggravating and mitigating factors as indicated in subsection
5(c). If the Court determines, after weighing the factors in
6aggravation and mitigation, that death is the appropriate
7sentence, the Court shall sentence the defendant to death.
8    If the court finds that death is not the appropriate
9sentence, the court shall sentence the defendant to a term of
10imprisonment under Chapter V of the Unified Code of
11Corrections.
12    (h-5) Decertification as a capital case.
13    In a case in which the defendant has been found guilty of
14first degree murder by a judge or jury, or a case on remand for
15resentencing, and the State seeks the death penalty as an
16appropriate sentence, on the court's own motion or the written
17motion of the defendant, the court may decertify the case as a
18death penalty case if the court finds that the only evidence
19supporting the defendant's conviction is the uncorroborated
20testimony of an informant witness, as defined in Section 115-21
21of the Code of Criminal Procedure of 1963, concerning the
22confession or admission of the defendant or that the sole
23evidence against the defendant is a single eyewitness or single
24accomplice without any other corroborating evidence. If the
25court decertifies the case as a capital case under either of
26the grounds set forth above, the court shall issue a written

 

 

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1finding. The State may pursue its right to appeal the
2decertification pursuant to Supreme Court Rule 604(a)(1). If
3the court does not decertify the case as a capital case, the
4matter shall proceed to the eligibility phase of the sentencing
5hearing.
6    (i) Appellate Procedure.
7    The conviction and sentence of death shall be subject to
8automatic review by the Supreme Court. Such review shall be in
9accordance with rules promulgated by the Supreme Court. The
10Illinois Supreme Court may overturn the death sentence, and
11order the imposition of imprisonment under Chapter V of the
12Unified Code of Corrections if the court finds that the death
13sentence is fundamentally unjust as applied to the particular
14case. If the Illinois Supreme Court finds that the death
15sentence is fundamentally unjust as applied to the particular
16case, independent of any procedural grounds for relief, the
17Illinois Supreme Court shall issue a written opinion explaining
18this finding.
19    (j) Disposition of reversed death sentence.
20    In the event that the death penalty in this Act is held to
21be unconstitutional by the Supreme Court of the United States
22or of the State of Illinois, any person convicted of first
23degree murder shall be sentenced by the court to a term of
24imprisonment under Chapter V of the Unified Code of
25Corrections.
26    In the event that any death sentence pursuant to the

 

 

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1sentencing provisions of this Section is declared
2unconstitutional by the Supreme Court of the United States or
3of the State of Illinois, the court having jurisdiction over a
4person previously sentenced to death shall cause the defendant
5to be brought before the court, and the court shall sentence
6the defendant to a term of imprisonment under Chapter V of the
7Unified Code of Corrections.
8    (k) Guidelines for seeking the death penalty.
9    The Attorney General and State's Attorneys Association
10shall consult on voluntary guidelines for procedures governing
11whether or not to seek the death penalty. The guidelines do not
12have the force of law and are only advisory in nature.
13(Source: P.A. 99-143, eff. 7-27-15; 100-460, eff. 1-1-18;
14100-513, eff. 1-1-18; revised 10-5-17.)
 
15    (720 ILCS 5/11-9.1)  (from Ch. 38, par. 11-9.1)
16    Sec. 11-9.1. Sexual exploitation of a child.
17    (a) A person commits sexual exploitation of a child if in
18the presence or virtual presence, or both, of a child and with
19knowledge that a child or one whom he or she believes to be a
20child would view his or her acts, that person:
21        (1) engages in a sexual act; or
22        (2) exposes his or her sex organs, anus or breast for
23    the purpose of sexual arousal or gratification of such
24    person or the child or one whom he or she believes to be a
25    child.

 

 

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1    (a-5) A person commits sexual exploitation of a child who
2knowingly entices, coerces, or persuades a child to remove the
3child's clothing for the purpose of sexual arousal or
4gratification of the person or the child, or both.
5    (b) Definitions. As used in this Section:
6    "Sexual act" means masturbation, sexual conduct or sexual
7penetration as defined in Section 11-0.1 of this Code.
8    "Sex offense" means any violation of Article 11 of this
9Code or Section 12-5.01 of this Code.
10    "Child" means a person under 17 years of age.
11    "Virtual presence" means an environment that is created
12with software and presented to the user and or receiver via the
13Internet, in such a way that the user appears in front of the
14receiver on the computer monitor or screen or hand-held hand
15held portable electronic device, usually through a web camming
16program. "Virtual presence" includes primarily experiencing
17through sight or sound, or both, a video image that can be
18explored interactively at a personal computer or hand-held hand
19held communication device, or both.
20    "Webcam" means a video capturing device connected to a
21computer or computer network that is designed to take digital
22photographs or live or recorded video which allows for the live
23transmission to an end user over the Internet.
24    (c) Sentence.
25        (1) Sexual exploitation of a child is a Class A
26    misdemeanor. A second or subsequent violation of this

 

 

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1    Section or a substantially similar law of another state is
2    a Class 4 felony.
3        (2) Sexual exploitation of a child is a Class 4 felony
4    if the person has been previously convicted of a sex
5    offense.
6        (3) Sexual exploitation of a child is a Class 4 felony
7    if the victim was under 13 years of age at the time of the
8    commission of the offense.
9        (4) Sexual exploitation of a child is a Class 4 felony
10    if committed by a person 18 years of age or older who is on
11    or within 500 feet of elementary or secondary school
12    grounds when children are present on the grounds.
13(Source: P.A. 96-1090, eff. 1-1-11; 96-1098, eff. 1-1-11;
1496-1551, eff. 7-1-11; 97-333, eff. 8-12-11; 97-1150, eff.
151-25-13; revised 10-5-17.)
 
16    (720 ILCS 5/12-7.1)  (from Ch. 38, par. 12-7.1)
17    Sec. 12-7.1. Hate crime.
18    (a) A person commits hate crime when, by reason of the
19actual or perceived race, color, creed, religion, ancestry,
20gender, sexual orientation, physical or mental disability, or
21national origin of another individual or group of individuals,
22regardless of the existence of any other motivating factor or
23factors, he or she commits assault, battery, aggravated
24assault, intimidation, stalking, cyberstalking, misdemeanor
25theft, criminal trespass to residence, misdemeanor criminal

 

 

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1damage to property, criminal trespass to vehicle, criminal
2trespass to real property, mob action, disorderly conduct,
3transmission of obscene messages, harassment by telephone, or
4harassment through electronic communications as these crimes
5are defined in Sections 12-1, 12-2, 12-3(a), 12-7.3, 12-7.5,
616-1, 19-4, 21-1, 21-2, 21-3, 25-1, 26-1, 26.5-1, 26.5-2,
7paragraphs (a)(1), (a)(2), and (a)(3) of Section 12-6, and
8paragraphs (a)(2) and (a)(5) of Section 26.5-3 of this Code,
9respectively.
10    (b) Except as provided in subsection (b-5), hate crime is a
11Class 4 felony for a first offense and a Class 2 felony for a
12second or subsequent offense.
13    (b-5) Hate crime is a Class 3 felony for a first offense
14and a Class 2 felony for a second or subsequent offense if
15committed:
16        (1) in, or upon the exterior or grounds of, a church,
17    synagogue, mosque, or other building, structure, or place
18    identified or associated with a particular religion or used
19    for religious worship or other religious purpose;
20        (2) in a cemetery, mortuary, or other facility used for
21    the purpose of burial or memorializing the dead;
22        (3) in a school or other educational facility,
23    including an administrative facility or public or private
24    dormitory facility of or associated with the school or
25    other educational facility;
26        (4) in a public park or an ethnic or religious

 

 

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1    community center;
2        (5) on the real property comprising any location
3    specified in clauses (1) through (4) of this subsection
4    (b-5); or
5        (6) on a public way within 1,000 feet of the real
6    property comprising any location specified in clauses (1)
7    through (4) of this subsection (b-5).
8    (b-10) Upon imposition of any sentence, the trial court
9shall also either order restitution paid to the victim or
10impose a fine in an amount to be determined by the court based
11on the severity of the crime and the injury or damages suffered
12by the victim. In addition, any order of probation or
13conditional discharge entered following a conviction or an
14adjudication of delinquency shall include a condition that the
15offender perform public or community service of no less than
16200 hours if that service is established in the county where
17the offender was convicted of hate crime. In addition, any
18order of probation or conditional discharge entered following a
19conviction or an adjudication of delinquency shall include a
20condition that the offender enroll in an educational program
21discouraging hate crimes involving the protected class
22identified in subsection (a) that gave rise to the offense the
23offender committed. The educational program must be attended by
24the offender in-person and may be administered, as determined
25by the court, by a university, college, community college,
26non-profit organization, the Illinois Holocaust and Genocide

 

 

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1Commission, or any other organization that provides
2educational programs discouraging hate crimes, except that
3programs administered online or that can otherwise be attended
4remotely are prohibited. The court may also impose any other
5condition of probation or conditional discharge under this
6Section. If the court sentences the offender to imprisonment or
7periodic imprisonment for a violation of this Section, as a
8condition of the offender's mandatory supervised release, the
9court shall require that the offender perform public or
10community service of no less than 200 hours and enroll in an
11educational program discouraging hate crimes involving the
12protected class identified in subsection (a) that gave rise to
13the offense the offender committed.
14    (c) Independent of any criminal prosecution or the result
15of a criminal prosecution, any person suffering injury to his
16or her person, damage to his or her property, intimidation as
17defined in paragraphs (a)(1), (a)(2), and (a)(3) of Section
1812-6 of this Code, stalking as defined in Section 12-7.3 of
19this Code, cyberstalking as defined in Section 12-7.5 of this
20Code, disorderly conduct as defined in paragraph (a)(1) of
21Section 26-1 of this Code, transmission of obscene messages as
22defined in Section 26.5-1 of this Code, harassment by telephone
23as defined in Section 26.5-2 of this Code, or harassment
24through electronic communications as defined in paragraphs
25(a)(2) and (a)(5) of Section 26.5-3 of this Code as a result of
26a hate crime may bring a civil action for damages, injunction

 

 

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1or other appropriate relief. The court may award actual
2damages, including damages for emotional distress, as well as
3punitive damages. The court may impose a civil penalty up to
4$25,000 for each violation of this subsection (c). A judgment
5in favor of a person who brings a civil action under this
6subsection (c) shall include attorney's fees and costs. After
7consulting with the local State's Attorney, the Attorney
8General may bring a civil action in the name of the People of
9the State for an injunction or other equitable relief under
10this subsection (c). In addition, the Attorney General may
11request and the court may impose a civil penalty up to $25,000
12for each violation under this subsection (c). The parents or
13legal guardians, other than guardians appointed pursuant to the
14Juvenile Court Act or the Juvenile Court Act of 1987, of an
15unemancipated minor shall be liable for the amount of any
16judgment for all damages rendered against such minor under this
17subsection (c) in any amount not exceeding the amount provided
18under Section 5 of the Parental Responsibility Law.
19    (d) "Sexual orientation" has the meaning ascribed to it in
20paragraph (O-1) of Section 1-103 of the Illinois Human Rights
21Act.
22(Source: P.A. 99-77, eff. 1-1-16; 100-197, eff. 1-1-18;
23100-260, eff. 1-1-18; revised 10-5-17.)
 
24    Section 570. The Cannabis Control Act is amended by
25changing Section 14 as follows:
 

 

 

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1    (720 ILCS 550/14)  (from Ch. 56 1/2, par. 714)
2    Sec. 14. (a) The Director shall cooperate with Federal and
3other State agencies in discharging his responsibilities
4concerning traffic in cannabis and in suppressing the use of
5cannabis. To this end, he may:
6        (1) arrange for the exchange of information among
7    governmental officials concerning the use of cannabis;
8        (2) coordinate and cooperate in training programs
9    concerning cannabis law enforcement at local and State
10    levels;
11        (3) cooperate with the Bureau of Narcotics and
12    Dangerous Drugs, United States Department of Justice, or
13    its successor agency; and
14        (4) conduct programs of eradication aimed at
15    destroying wild illicit growth of plant species from which
16    cannabis may be extracted.
17(Source: P.A. 77-758; revised 11-8-17.)
 
18    Section 575. The Illinois Controlled Substances Act is
19amended by changing Sections 102, 204, and 303.05 as follows:
 
20    (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
21    Sec. 102. Definitions. As used in this Act, unless the
22context otherwise requires:
23    (a) "Addict" means any person who habitually uses any drug,

 

 

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1chemical, substance or dangerous drug other than alcohol so as
2to endanger the public morals, health, safety or welfare or who
3is so far addicted to the use of a dangerous drug or controlled
4substance other than alcohol as to have lost the power of self
5control with reference to his or her addiction.
6    (b) "Administer" means the direct application of a
7controlled substance, whether by injection, inhalation,
8ingestion, or any other means, to the body of a patient,
9research subject, or animal (as defined by the Humane
10Euthanasia in Animal Shelters Act) by:
11        (1) a practitioner (or, in his or her presence, by his
12    or her authorized agent),
13        (2) the patient or research subject pursuant to an
14    order, or
15        (3) a euthanasia technician as defined by the Humane
16    Euthanasia in Animal Shelters Act.
17    (c) "Agent" means an authorized person who acts on behalf
18of or at the direction of a manufacturer, distributor,
19dispenser, prescriber, or practitioner. It does not include a
20common or contract carrier, public warehouseman or employee of
21the carrier or warehouseman.
22    (c-1) "Anabolic Steroids" means any drug or hormonal
23substance, chemically and pharmacologically related to
24testosterone (other than estrogens, progestins,
25corticosteroids, and dehydroepiandrosterone), and includes:
26    (i) 3[beta],17-dihydroxy-5a-androstane, 

 

 

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1    (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, 
2    (iii) 5[alpha]-androstan-3,17-dione, 
3    (iv) 1-androstenediol (3[beta], 
4        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
5    (v) 1-androstenediol (3[alpha], 
6        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
7    (vi) 4-androstenediol  
8        (3[beta],17[beta]-dihydroxy-androst-4-ene), 
9    (vii) 5-androstenediol  
10        (3[beta],17[beta]-dihydroxy-androst-5-ene), 
11    (viii) 1-androstenedione  
12        ([5alpha]-androst-1-en-3,17-dione), 
13    (ix) 4-androstenedione  
14        (androst-4-en-3,17-dione), 
15    (x) 5-androstenedione  
16        (androst-5-en-3,17-dione), 
17    (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- 
18        hydroxyandrost-4-en-3-one), 
19    (xii) boldenone (17[beta]-hydroxyandrost- 
20        1,4,-diene-3-one), 
21    (xiii) boldione (androsta-1,4- 
22        diene-3,17-dione), 
23    (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 
24        [beta]-hydroxyandrost-4-en-3-one), 
25    (xv) clostebol (4-chloro-17[beta]- 
26        hydroxyandrost-4-en-3-one), 

 

 

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1    (xvi) dehydrochloromethyltestosterone (4-chloro- 
2        17[beta]-hydroxy-17[alpha]-methyl- 
3        androst-1,4-dien-3-one), 
4    (xvii) desoxymethyltestosterone 
5    (17[alpha]-methyl-5[alpha] 
6        -androst-2-en-17[beta]-ol)(a.k.a., madol), 
7    (xviii) [delta]1-dihydrotestosterone (a.k.a.  
8        '1-testosterone') (17[beta]-hydroxy- 
9        5[alpha]-androst-1-en-3-one), 
10    (xix) 4-dihydrotestosterone (17[beta]-hydroxy- 
11        androstan-3-one), 
12    (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- 
13        5[alpha]-androstan-3-one), 
14    (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- 
15        hydroxyestr-4-ene), 
16    (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- 
17        1[beta],17[beta]-dihydroxyandrost-4-en-3-one), 
18    (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], 
19        17[beta]-dihydroxyandrost-1,4-dien-3-one), 
20    (xxiv) furazabol (17[alpha]-methyl-17[beta]- 
21        hydroxyandrostano[2,3-c]-furazan), 
22    (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one, ) 
23    (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- 
24        androst-4-en-3-one), 
25    (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- 
26        dihydroxy-estr-4-en-3-one), 

 

 

HB5447 Enrolled- 1871 -LRB100 16294 AMC 31417 b

1    (xxviii) mestanolone (17[alpha]-methyl-17[beta]- 
2        hydroxy-5-androstan-3-one), 
3    (xxix) mesterolone (1amethyl-17[beta]-hydroxy- 
4        [5a]-androstan-3-one), 
5    (xxx) methandienone (17[alpha]-methyl-17[beta]- 
6        hydroxyandrost-1,4-dien-3-one), 
7    (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- 
8        dihydroxyandrost-5-ene), 
9    (xxxii) methenolone (1-methyl-17[beta]-hydroxy- 
10        5[alpha]-androst-1-en-3-one), 
11    (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- 
12        dihydroxy-5a-androstane)
13    (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy 
14        -5a-androstane)
15    (xxxv) 17[alpha]-methyl-3[beta],17[beta]- 
16        dihydroxyandrost-4-ene), 
17    (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- 
18        methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), 
19    (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- 
20        hydroxyestra-4,9(10)-dien-3-one), 
21    (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- 
22        hydroxyestra-4,9-11-trien-3-one), 
23    (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- 
24        hydroxyandrost-4-en-3-one), 
25    (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- 
26        hydroxyestr-4-en-3-one), 

 

 

HB5447 Enrolled- 1872 -LRB100 16294 AMC 31417 b

1    (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone  
2        (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- 
3        androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- 
4        1-testosterone'), 
5    (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), 
6    (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- 
7        dihydroxyestr-4-ene), 
8    (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- 
9        dihydroxyestr-4-ene), 
10    (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- 
11        dihydroxyestr-5-ene), 
12    (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- 
13        dihydroxyestr-5-ene), 
14    (xlvii) 19-nor-4,9(10)-androstadienedione  
15        (estra-4,9(10)-diene-3,17-dione), 
16    (xlviii) 19-nor-4-androstenedione (estr-4- 
17        en-3,17-dione), 
18    (xlix) 19-nor-5-androstenedione (estr-5- 
19        en-3,17-dione), 
20    (l) norbolethone (13[beta], 17a-diethyl-17[beta]- 
21        hydroxygon-4-en-3-one), 
22    (li) norclostebol (4-chloro-17[beta]- 
23        hydroxyestr-4-en-3-one), 
24    (lii) norethandrolone (17[alpha]-ethyl-17[beta]- 
25        hydroxyestr-4-en-3-one), 
26    (liii) normethandrolone (17[alpha]-methyl-17[beta]- 

 

 

HB5447 Enrolled- 1873 -LRB100 16294 AMC 31417 b

1        hydroxyestr-4-en-3-one), 
2    (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- 
3        2-oxa-5[alpha]-androstan-3-one), 
4    (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- 
5        dihydroxyandrost-4-en-3-one), 
6    (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- 
7        17[beta]-hydroxy-(5[alpha]-androstan-3-one), 
8    (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- 
9        (5[alpha]-androst-2-eno[3,2-c]-pyrazole), 
10    (lviii) stenbolone (17[beta]-hydroxy-2-methyl- 
11        (5[alpha]-androst-1-en-3-one), 
12    (lix) testolactone (13-hydroxy-3-oxo-13,17- 
13        secoandrosta-1,4-dien-17-oic 
14        acid lactone), 
15    (lx) testosterone (17[beta]-hydroxyandrost- 
16        4-en-3-one), 
17    (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- 
18        diethyl-17[beta]-hydroxygon- 
19        4,9,11-trien-3-one), 
20    (lxii) trenbolone (17[beta]-hydroxyestr-4,9, 
21        11-trien-3-one). 
22    Any person who is otherwise lawfully in possession of an
23anabolic steroid, or who otherwise lawfully manufactures,
24distributes, dispenses, delivers, or possesses with intent to
25deliver an anabolic steroid, which anabolic steroid is
26expressly intended for and lawfully allowed to be administered

 

 

HB5447 Enrolled- 1874 -LRB100 16294 AMC 31417 b

1through implants to livestock or other nonhuman species, and
2which is approved by the Secretary of Health and Human Services
3for such administration, and which the person intends to
4administer or have administered through such implants, shall
5not be considered to be in unauthorized possession or to
6unlawfully manufacture, distribute, dispense, deliver, or
7possess with intent to deliver such anabolic steroid for
8purposes of this Act.
9    (d) "Administration" means the Drug Enforcement
10Administration, United States Department of Justice, or its
11successor agency.
12    (d-5) "Clinical Director, Prescription Monitoring Program"
13means a Department of Human Services administrative employee
14licensed to either prescribe or dispense controlled substances
15who shall run the clinical aspects of the Department of Human
16Services Prescription Monitoring Program and its Prescription
17Information Library.
18    (d-10) "Compounding" means the preparation and mixing of
19components, excluding flavorings, (1) as the result of a
20prescriber's prescription drug order or initiative based on the
21prescriber-patient-pharmacist relationship in the course of
22professional practice or (2) for the purpose of, or incident
23to, research, teaching, or chemical analysis and not for sale
24or dispensing. "Compounding" includes the preparation of drugs
25or devices in anticipation of receiving prescription drug
26orders based on routine, regularly observed dispensing

 

 

HB5447 Enrolled- 1875 -LRB100 16294 AMC 31417 b

1patterns. Commercially available products may be compounded
2for dispensing to individual patients only if both of the
3following conditions are met: (i) the commercial product is not
4reasonably available from normal distribution channels in a
5timely manner to meet the patient's needs and (ii) the
6prescribing practitioner has requested that the drug be
7compounded.
8    (e) "Control" means to add a drug or other substance, or
9immediate precursor, to a Schedule whether by transfer from
10another Schedule or otherwise.
11    (f) "Controlled Substance" means (i) a drug, substance,
12immediate precursor, or synthetic drug in the Schedules of
13Article II of this Act or (ii) a drug or other substance, or
14immediate precursor, designated as a controlled substance by
15the Department through administrative rule. The term does not
16include distilled spirits, wine, malt beverages, or tobacco, as
17those terms are defined or used in the Liquor Control Act of
181934 and the Tobacco Products Tax Act of 1995.
19    (f-5) "Controlled substance analog" means a substance:
20        (1) the chemical structure of which is substantially
21    similar to the chemical structure of a controlled substance
22    in Schedule I or II;
23        (2) which has a stimulant, depressant, or
24    hallucinogenic effect on the central nervous system that is
25    substantially similar to or greater than the stimulant,
26    depressant, or hallucinogenic effect on the central

 

 

HB5447 Enrolled- 1876 -LRB100 16294 AMC 31417 b

1    nervous system of a controlled substance in Schedule I or
2    II; or
3        (3) with respect to a particular person, which such
4    person represents or intends to have a stimulant,
5    depressant, or hallucinogenic effect on the central
6    nervous system that is substantially similar to or greater
7    than the stimulant, depressant, or hallucinogenic effect
8    on the central nervous system of a controlled substance in
9    Schedule I or II.
10    (g) "Counterfeit substance" means a controlled substance,
11which, or the container or labeling of which, without
12authorization bears the trademark, trade name, or other
13identifying mark, imprint, number or device, or any likeness
14thereof, of a manufacturer, distributor, or dispenser other
15than the person who in fact manufactured, distributed, or
16dispensed the substance.
17    (h) "Deliver" or "delivery" means the actual, constructive
18or attempted transfer of possession of a controlled substance,
19with or without consideration, whether or not there is an
20agency relationship.
21    (i) "Department" means the Illinois Department of Human
22Services (as successor to the Department of Alcoholism and
23Substance Abuse) or its successor agency.
24    (j) (Blank).
25    (k) "Department of Corrections" means the Department of
26Corrections of the State of Illinois or its successor agency.

 

 

HB5447 Enrolled- 1877 -LRB100 16294 AMC 31417 b

1    (l) "Department of Financial and Professional Regulation"
2means the Department of Financial and Professional Regulation
3of the State of Illinois or its successor agency.
4    (m) "Depressant" means any drug that (i) causes an overall
5depression of central nervous system functions, (ii) causes
6impaired consciousness and awareness, and (iii) can be
7habit-forming or lead to a substance abuse problem, including
8but not limited to alcohol, cannabis and its active principles
9and their analogs, benzodiazepines and their analogs,
10barbiturates and their analogs, opioids (natural and
11synthetic) and their analogs, and chloral hydrate and similar
12sedative hypnotics.
13    (n) (Blank).
14    (o) "Director" means the Director of the Illinois State
15Police or his or her designated agents.
16    (p) "Dispense" means to deliver a controlled substance to
17an ultimate user or research subject by or pursuant to the
18lawful order of a prescriber, including the prescribing,
19administering, packaging, labeling, or compounding necessary
20to prepare the substance for that delivery.
21    (q) "Dispenser" means a practitioner who dispenses.
22    (r) "Distribute" means to deliver, other than by
23administering or dispensing, a controlled substance.
24    (s) "Distributor" means a person who distributes.
25    (t) "Drug" means (1) substances recognized as drugs in the
26official United States Pharmacopoeia, Official Homeopathic

 

 

HB5447 Enrolled- 1878 -LRB100 16294 AMC 31417 b

1Pharmacopoeia of the United States, or official National
2Formulary, or any supplement to any of them; (2) substances
3intended for use in diagnosis, cure, mitigation, treatment, or
4prevention of disease in man or animals; (3) substances (other
5than food) intended to affect the structure of any function of
6the body of man or animals and (4) substances intended for use
7as a component of any article specified in clause (1), (2), or
8(3) of this subsection. It does not include devices or their
9components, parts, or accessories.
10    (t-3) "Electronic health record" or "EHR" means an
11electronic record of health-related information on an
12individual that is created, gathered, managed, and consulted by
13authorized health care clinicians and staff.
14    (t-4) "Emergency medical services personnel" has the
15meaning ascribed to it in the Emergency Medical Services (EMS)
16Systems Act.
17    (t-5) "Euthanasia agency" means an entity certified by the
18Department of Financial and Professional Regulation for the
19purpose of animal euthanasia that holds an animal control
20facility license or animal shelter license under the Animal
21Welfare Act. A euthanasia agency is authorized to purchase,
22store, possess, and utilize Schedule II nonnarcotic and
23Schedule III nonnarcotic drugs for the sole purpose of animal
24euthanasia.
25    (t-10) "Euthanasia drugs" means Schedule II or Schedule III
26substances (nonnarcotic controlled substances) that are used

 

 

HB5447 Enrolled- 1879 -LRB100 16294 AMC 31417 b

1by a euthanasia agency for the purpose of animal euthanasia.
2    (u) "Good faith" means the prescribing or dispensing of a
3controlled substance by a practitioner in the regular course of
4professional treatment to or for any person who is under his or
5her treatment for a pathology or condition other than that
6individual's physical or psychological dependence upon or
7addiction to a controlled substance, except as provided herein:
8and application of the term to a pharmacist shall mean the
9dispensing of a controlled substance pursuant to the
10prescriber's order which in the professional judgment of the
11pharmacist is lawful. The pharmacist shall be guided by
12accepted professional standards including, but not limited to
13the following, in making the judgment:
14        (1) lack of consistency of prescriber-patient
15    relationship,
16        (2) frequency of prescriptions for same drug by one
17    prescriber for large numbers of patients,
18        (3) quantities beyond those normally prescribed,
19        (4) unusual dosages (recognizing that there may be
20    clinical circumstances where more or less than the usual
21    dose may be used legitimately),
22        (5) unusual geographic distances between patient,
23    pharmacist and prescriber,
24        (6) consistent prescribing of habit-forming drugs.
25    (u-0.5) "Hallucinogen" means a drug that causes markedly
26altered sensory perception leading to hallucinations of any

 

 

HB5447 Enrolled- 1880 -LRB100 16294 AMC 31417 b

1type.
2    (u-1) "Home infusion services" means services provided by a
3pharmacy in compounding solutions for direct administration to
4a patient in a private residence, long-term care facility, or
5hospice setting by means of parenteral, intravenous,
6intramuscular, subcutaneous, or intraspinal infusion.
7    (u-5) "Illinois State Police" means the State Police of the
8State of Illinois, or its successor agency.
9    (v) "Immediate precursor" means a substance:
10        (1) which the Department has found to be and by rule
11    designated as being a principal compound used, or produced
12    primarily for use, in the manufacture of a controlled
13    substance;
14        (2) which is an immediate chemical intermediary used or
15    likely to be used in the manufacture of such controlled
16    substance; and
17        (3) the control of which is necessary to prevent,
18    curtail or limit the manufacture of such controlled
19    substance.
20    (w) "Instructional activities" means the acts of teaching,
21educating or instructing by practitioners using controlled
22substances within educational facilities approved by the State
23Board of Education or its successor agency.
24    (x) "Local authorities" means a duly organized State,
25County or Municipal peace unit or police force.
26    (y) "Look-alike substance" means a substance, other than a

 

 

HB5447 Enrolled- 1881 -LRB100 16294 AMC 31417 b

1controlled substance which (1) by overall dosage unit
2appearance, including shape, color, size, markings or lack
3thereof, taste, consistency, or any other identifying physical
4characteristic of the substance, would lead a reasonable person
5to believe that the substance is a controlled substance, or (2)
6is expressly or impliedly represented to be a controlled
7substance or is distributed under circumstances which would
8lead a reasonable person to believe that the substance is a
9controlled substance. For the purpose of determining whether
10the representations made or the circumstances of the
11distribution would lead a reasonable person to believe the
12substance to be a controlled substance under this clause (2) of
13subsection (y), the court or other authority may consider the
14following factors in addition to any other factor that may be
15relevant:
16        (a) statements made by the owner or person in control
17    of the substance concerning its nature, use or effect;
18        (b) statements made to the buyer or recipient that the
19    substance may be resold for profit;
20        (c) whether the substance is packaged in a manner
21    normally used for the illegal distribution of controlled
22    substances;
23        (d) whether the distribution or attempted distribution
24    included an exchange of or demand for money or other
25    property as consideration, and whether the amount of the
26    consideration was substantially greater than the

 

 

HB5447 Enrolled- 1882 -LRB100 16294 AMC 31417 b

1    reasonable retail market value of the substance.
2    Clause (1) of this subsection (y) shall not apply to a
3noncontrolled substance in its finished dosage form that was
4initially introduced into commerce prior to the initial
5introduction into commerce of a controlled substance in its
6finished dosage form which it may substantially resemble.
7    Nothing in this subsection (y) prohibits the dispensing or
8distributing of noncontrolled substances by persons authorized
9to dispense and distribute controlled substances under this
10Act, provided that such action would be deemed to be carried
11out in good faith under subsection (u) if the substances
12involved were controlled substances.
13    Nothing in this subsection (y) or in this Act prohibits the
14manufacture, preparation, propagation, compounding,
15processing, packaging, advertising or distribution of a drug or
16drugs by any person registered pursuant to Section 510 of the
17Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
18    (y-1) "Mail-order pharmacy" means a pharmacy that is
19located in a state of the United States that delivers,
20dispenses or distributes, through the United States Postal
21Service or other common carrier, to Illinois residents, any
22substance which requires a prescription.
23    (z) "Manufacture" means the production, preparation,
24propagation, compounding, conversion or processing of a
25controlled substance other than methamphetamine, either
26directly or indirectly, by extraction from substances of

 

 

HB5447 Enrolled- 1883 -LRB100 16294 AMC 31417 b

1natural origin, or independently by means of chemical
2synthesis, or by a combination of extraction and chemical
3synthesis, and includes any packaging or repackaging of the
4substance or labeling of its container, except that this term
5does not include:
6        (1) by an ultimate user, the preparation or compounding
7    of a controlled substance for his or her own use; or
8        (2) by a practitioner, or his or her authorized agent
9    under his or her supervision, the preparation,
10    compounding, packaging, or labeling of a controlled
11    substance:
12            (a) as an incident to his or her administering or
13        dispensing of a controlled substance in the course of
14        his or her professional practice; or
15            (b) as an incident to lawful research, teaching or
16        chemical analysis and not for sale.
17    (z-1) (Blank).
18    (z-5) "Medication shopping" means the conduct prohibited
19under subsection (a) of Section 314.5 of this Act.
20    (z-10) "Mid-level practitioner" means (i) a physician
21assistant who has been delegated authority to prescribe through
22a written delegation of authority by a physician licensed to
23practice medicine in all of its branches, in accordance with
24Section 7.5 of the Physician Assistant Practice Act of 1987,
25(ii) an advanced practice registered nurse who has been
26delegated authority to prescribe through a written delegation

 

 

HB5447 Enrolled- 1884 -LRB100 16294 AMC 31417 b

1of authority by a physician licensed to practice medicine in
2all of its branches or by a podiatric physician, in accordance
3with Section 65-40 of the Nurse Practice Act, (iii) an advanced
4practice registered nurse certified as a nurse practitioner,
5nurse midwife, or clinical nurse specialist who has been
6granted authority to prescribe by a hospital affiliate in
7accordance with Section 65-45 of the Nurse Practice Act, (iv)
8an animal euthanasia agency, or (v) a prescribing psychologist.
9    (aa) "Narcotic drug" means any of the following, whether
10produced directly or indirectly by extraction from substances
11of vegetable origin, or independently by means of chemical
12synthesis, or by a combination of extraction and chemical
13synthesis:
14        (1) opium, opiates, derivatives of opium and opiates,
15    including their isomers, esters, ethers, salts, and salts
16    of isomers, esters, and ethers, whenever the existence of
17    such isomers, esters, ethers, and salts is possible within
18    the specific chemical designation; however the term
19    "narcotic drug" does not include the isoquinoline
20    alkaloids of opium;
21        (2) (blank);
22        (3) opium poppy and poppy straw;
23        (4) coca leaves, except coca leaves and extracts of
24    coca leaves from which substantially all of the cocaine and
25    ecgonine, and their isomers, derivatives and salts, have
26    been removed;

 

 

HB5447 Enrolled- 1885 -LRB100 16294 AMC 31417 b

1        (5) cocaine, its salts, optical and geometric isomers,
2    and salts of isomers;
3        (6) ecgonine, its derivatives, their salts, isomers,
4    and salts of isomers;
5        (7) any compound, mixture, or preparation which
6    contains any quantity of any of the substances referred to
7    in subparagraphs (1) through (6).
8    (bb) "Nurse" means a registered nurse licensed under the
9Nurse Practice Act.
10    (cc) (Blank).
11    (dd) "Opiate" means any substance having an addiction
12forming or addiction sustaining liability similar to morphine
13or being capable of conversion into a drug having addiction
14forming or addiction sustaining liability.
15    (ee) "Opium poppy" means the plant of the species Papaver
16somniferum L., except its seeds.
17    (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
18solution or other liquid form of medication intended for
19administration by mouth, but the term does not include a form
20of medication intended for buccal, sublingual, or transmucosal
21administration.
22    (ff) "Parole and Pardon Board" means the Parole and Pardon
23Board of the State of Illinois or its successor agency.
24    (gg) "Person" means any individual, corporation,
25mail-order pharmacy, government or governmental subdivision or
26agency, business trust, estate, trust, partnership or

 

 

HB5447 Enrolled- 1886 -LRB100 16294 AMC 31417 b

1association, or any other entity.
2    (hh) "Pharmacist" means any person who holds a license or
3certificate of registration as a registered pharmacist, a local
4registered pharmacist or a registered assistant pharmacist
5under the Pharmacy Practice Act.
6    (ii) "Pharmacy" means any store, ship or other place in
7which pharmacy is authorized to be practiced under the Pharmacy
8Practice Act.
9    (ii-5) "Pharmacy shopping" means the conduct prohibited
10under subsection (b) of Section 314.5 of this Act.
11    (ii-10) "Physician" (except when the context otherwise
12requires) means a person licensed to practice medicine in all
13of its branches.
14    (jj) "Poppy straw" means all parts, except the seeds, of
15the opium poppy, after mowing.
16    (kk) "Practitioner" means a physician licensed to practice
17medicine in all its branches, dentist, optometrist, podiatric
18physician, veterinarian, scientific investigator, pharmacist,
19physician assistant, advanced practice registered nurse,
20licensed practical nurse, registered nurse, emergency medical
21services personnel, hospital, laboratory, or pharmacy, or
22other person licensed, registered, or otherwise lawfully
23permitted by the United States or this State to distribute,
24dispense, conduct research with respect to, administer or use
25in teaching or chemical analysis, a controlled substance in the
26course of professional practice or research.

 

 

HB5447 Enrolled- 1887 -LRB100 16294 AMC 31417 b

1    (ll) "Pre-printed prescription" means a written
2prescription upon which the designated drug has been indicated
3prior to the time of issuance; the term does not mean a written
4prescription that is individually generated by machine or
5computer in the prescriber's office.
6    (mm) "Prescriber" means a physician licensed to practice
7medicine in all its branches, dentist, optometrist,
8prescribing psychologist licensed under Section 4.2 of the
9Clinical Psychologist Licensing Act with prescriptive
10authority delegated under Section 4.3 of the Clinical
11Psychologist Licensing Act, podiatric physician, or
12veterinarian who issues a prescription, a physician assistant
13who issues a prescription for a controlled substance in
14accordance with Section 303.05, a written delegation, and a
15written collaborative agreement required under Section 7.5 of
16the Physician Assistant Practice Act of 1987, an advanced
17practice registered nurse with prescriptive authority
18delegated under Section 65-40 of the Nurse Practice Act and in
19accordance with Section 303.05, a written delegation, and a
20written collaborative agreement under Section 65-35 of the
21Nurse Practice Act, an advanced practice registered nurse
22certified as a nurse practitioner, nurse midwife, or clinical
23nurse specialist who has been granted authority to prescribe by
24a hospital affiliate in accordance with Section 65-45 of the
25Nurse Practice Act and in accordance with Section 303.05, or an
26advanced practice registered nurse certified as a nurse

 

 

HB5447 Enrolled- 1888 -LRB100 16294 AMC 31417 b

1practitioner, nurse midwife, or clinical nurse specialist who
2has full practice authority pursuant to Section 65-43 of the
3Nurse Practice Act.
4    (nn) "Prescription" means a written, facsimile, or oral
5order, or an electronic order that complies with applicable
6federal requirements, of a physician licensed to practice
7medicine in all its branches, dentist, podiatric physician or
8veterinarian for any controlled substance, of an optometrist in
9accordance with Section 15.1 of the Illinois Optometric
10Practice Act of 1987, of a prescribing psychologist licensed
11under Section 4.2 of the Clinical Psychologist Licensing Act
12with prescriptive authority delegated under Section 4.3 of the
13Clinical Psychologist Licensing Act, of a physician assistant
14for a controlled substance in accordance with Section 303.05, a
15written delegation, and a written collaborative agreement
16required under Section 7.5 of the Physician Assistant Practice
17Act of 1987, of an advanced practice registered nurse with
18prescriptive authority delegated under Section 65-40 of the
19Nurse Practice Act who issues a prescription for a controlled
20substance in accordance with Section 303.05, a written
21delegation, and a written collaborative agreement under
22Section 65-35 of the Nurse Practice Act, of an advanced
23practice registered nurse certified as a nurse practitioner,
24nurse midwife, or clinical nurse specialist who has been
25granted authority to prescribe by a hospital affiliate in
26accordance with Section 65-45 of the Nurse Practice Act and in

 

 

HB5447 Enrolled- 1889 -LRB100 16294 AMC 31417 b

1accordance with Section 303.05 when required by law, or of an
2advanced practice registered nurse certified as a nurse
3practitioner, nurse midwife, or clinical nurse specialist who
4has full practice authority pursuant to Section 65-43 of the
5Nurse Practice Act.
6    (nn-5) "Prescription Information Library" (PIL) means an
7electronic library that contains reported controlled substance
8data.
9    (nn-10) "Prescription Monitoring Program" (PMP) means the
10entity that collects, tracks, and stores reported data on
11controlled substances and select drugs pursuant to Section 316.
12    (oo) "Production" or "produce" means manufacture,
13planting, cultivating, growing, or harvesting of a controlled
14substance other than methamphetamine.
15    (pp) "Registrant" means every person who is required to
16register under Section 302 of this Act.
17    (qq) "Registry number" means the number assigned to each
18person authorized to handle controlled substances under the
19laws of the United States and of this State.
20    (qq-5) "Secretary" means, as the context requires, either
21the Secretary of the Department or the Secretary of the
22Department of Financial and Professional Regulation, and the
23Secretary's designated agents.
24    (rr) "State" includes the State of Illinois and any state,
25district, commonwealth, territory, insular possession thereof,
26and any area subject to the legal authority of the United

 

 

HB5447 Enrolled- 1890 -LRB100 16294 AMC 31417 b

1States of America.
2    (rr-5) "Stimulant" means any drug that (i) causes an
3overall excitation of central nervous system functions, (ii)
4causes impaired consciousness and awareness, and (iii) can be
5habit-forming or lead to a substance abuse problem, including
6but not limited to amphetamines and their analogs,
7methylphenidate and its analogs, cocaine, and phencyclidine
8and its analogs.
9    (ss) "Ultimate user" means a person who lawfully possesses
10a controlled substance for his or her own use or for the use of
11a member of his or her household or for administering to an
12animal owned by him or her or by a member of his or her
13household.
14(Source: P.A. 99-78, eff. 7-20-15; 99-173, eff. 7-29-15;
1599-371, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, eff. 7-28-16;
16100-280, eff. 1-1-18; 100-453, eff. 8-25-17; 100-513, eff.
171-1-18; revised 10-6-17.)
 
18    (720 ILCS 570/204)  (from Ch. 56 1/2, par. 1204)
19    Sec. 204. (a) The controlled substances listed in this
20Section are included in Schedule I.
21    (b) Unless specifically excepted or unless listed in
22another schedule, any of the following opiates, including their
23isomers, esters, ethers, salts, and salts of isomers, esters,
24and ethers, whenever the existence of such isomers, esters,
25ethers and salts is possible within the specific chemical

 

 

HB5447 Enrolled- 1891 -LRB100 16294 AMC 31417 b

1designation:
2        (1) Acetylmethadol;
3        (1.1) Acetyl-alpha-methylfentanyl
4    (N-[1-(1-methyl-2-phenethyl)-
5    4-piperidinyl]-N-phenylacetamide);
6        (2) Allylprodine;
7        (3) Alphacetylmethadol, except
8    levo-alphacetylmethadol (also known as levo-alpha-
9    acetylmethadol, levomethadyl acetate, or LAAM);
10        (4) Alphameprodine;
11        (5) Alphamethadol;
12        (6) Alpha-methylfentanyl
13    (N-(1-alpha-methyl-beta-phenyl) ethyl-4-piperidyl)
14    propionanilide;  1-(1-methyl-2-phenylethyl)-4-(N-
15    propanilido) piperidine;
16        (6.1) Alpha-methylthiofentanyl
17    (N-[1-methyl-2-(2-thienyl)ethyl-
18    4-piperidinyl]-N-phenylpropanamide);
19        (7) 1-methyl-4-phenyl-4-propionoxypiperidine (MPPP);
20        (7.1) PEPAP
21    (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine);
22        (8) Benzethidine;
23        (9) Betacetylmethadol;
24        (9.1) Beta-hydroxyfentanyl
25    (N-[1-(2-hydroxy-2-phenethyl)-
26    4-piperidinyl]-N-phenylpropanamide);

 

 

HB5447 Enrolled- 1892 -LRB100 16294 AMC 31417 b

1        (10) Betameprodine;
2        (11) Betamethadol;
3        (12) Betaprodine;
4        (13) Clonitazene;
5        (14) Dextromoramide;
6        (15) Diampromide;
7        (16) Diethylthiambutene;
8        (17) Difenoxin;
9        (18) Dimenoxadol;
10        (19) Dimepheptanol;
11        (20) Dimethylthiambutene;
12        (21) Dioxaphetylbutyrate;
13        (22) Dipipanone;
14        (23) Ethylmethylthiambutene;
15        (24) Etonitazene;
16        (25) Etoxeridine;
17        (26) Furethidine;
18        (27) Hydroxpethidine;
19        (28) Ketobemidone;
20        (29) Levomoramide;
21        (30) Levophenacylmorphan;
22        (31) 3-Methylfentanyl
23    (N-[3-methyl-1-(2-phenylethyl)-
24    4-piperidyl]-N-phenylpropanamide);
25        (31.1) 3-Methylthiofentanyl
26    (N-[(3-methyl-1-(2-thienyl)ethyl-

 

 

HB5447 Enrolled- 1893 -LRB100 16294 AMC 31417 b

1    4-piperidinyl]-N-phenylpropanamide);
2        (32) Morpheridine;
3        (33) Noracymethadol;
4        (34) Norlevorphanol;
5        (35) Normethadone;
6        (36) Norpipanone;
7        (36.1) Para-fluorofentanyl
8    (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-
9    4-piperidinyl]propanamide);
10        (37) Phenadoxone;
11        (38) Phenampromide;
12        (39) Phenomorphan;
13        (40) Phenoperidine;
14        (41) Piritramide;
15        (42) Proheptazine;
16        (43) Properidine;
17        (44) Propiram;
18        (45) Racemoramide;
19        (45.1) Thiofentanyl
20    (N-phenyl-N-[1-(2-thienyl)ethyl-
21    4-piperidinyl]-propanamide);
22        (46) Tilidine;
23        (47) Trimeperidine;
24        (48) Beta-hydroxy-3-methylfentanyl (other name:
25    N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-
26    N-phenylpropanamide);

 

 

HB5447 Enrolled- 1894 -LRB100 16294 AMC 31417 b

1        (49) Furanyl fentanyl (FU-F);
2        (50) Butyryl fentanyl;
3        (51) Valeryl fentanyl;
4        (52) Acetyl fentanyl;
5        (53) Beta-hydroxy-thiofentanyl;
6        (54) 3,4-dichloro-N-[2-
7    (dimethylamino)cyclohexyl]-N-
8    methylbenzamide (U-47700); 
9        (55) 4-chloro-N-[1-[2-
10    (4-nitrophenyl)ethyl]-2-piperidinylidene]-
11    benzenesulfonamide (W-18); 
12        (56) 4-chloro-N-[1-(2-phenylethyl)
13    -2-piperidinylidene]-benzenesulfonamide (W-15); 
14        (57) acrylfentanyl (acryloylfentanyl). 
15    (c) Unless specifically excepted or unless listed in
16another schedule, any of the following opium derivatives, its
17salts, isomers and salts of isomers, whenever the existence of
18such salts, isomers and salts of isomers is possible within the
19specific chemical designation:
20        (1) Acetorphine;
21        (2) Acetyldihydrocodeine;
22        (3) Benzylmorphine;
23        (4) Codeine methylbromide;
24        (5) Codeine-N-Oxide;
25        (6) Cyprenorphine;
26        (7) Desomorphine;

 

 

HB5447 Enrolled- 1895 -LRB100 16294 AMC 31417 b

1        (8) Diacetyldihydromorphine (Dihydroheroin);
2        (9) Dihydromorphine;
3        (10) Drotebanol;
4        (11) Etorphine (except hydrochloride salt);
5        (12) Heroin;
6        (13) Hydromorphinol;
7        (14) Methyldesorphine;
8        (15) Methyldihydromorphine;
9        (16) Morphine methylbromide;
10        (17) Morphine methylsulfonate;
11        (18) Morphine-N-Oxide;
12        (19) Myrophine;
13        (20) Nicocodeine;
14        (21) Nicomorphine;
15        (22) Normorphine;
16        (23) Pholcodine;
17        (24) Thebacon.
18    (d) Unless specifically excepted or unless listed in
19another schedule, any material, compound, mixture, or
20preparation which contains any quantity of the following
21hallucinogenic substances, or which contains any of its salts,
22isomers and salts of isomers, whenever the existence of such
23salts, isomers, and salts of isomers is possible within the
24specific chemical designation (for the purposes of this
25paragraph only, the term "isomer" includes the optical,
26position and geometric isomers):

 

 

HB5447 Enrolled- 1896 -LRB100 16294 AMC 31417 b

1        (1) 3,4-methylenedioxyamphetamine
2    (alpha-methyl,3,4-methylenedioxyphenethylamine,
3    methylenedioxyamphetamine, MDA);
4        (1.1) Alpha-ethyltryptamine
5    (some trade or other names: etryptamine;
6    MONASE; alpha-ethyl-1H-indole-3-ethanamine;
7    3-(2-aminobutyl)indole; a-ET; and AET);
8        (2) 3,4-methylenedioxymethamphetamine (MDMA);
9        (2.1) 3,4-methylenedioxy-N-ethylamphetamine
10    (also known as: N-ethyl-alpha-methyl-
11    3,4(methylenedioxy) Phenethylamine, N-ethyl MDA, MDE,
12    and MDEA);
13        (2.2) N-Benzylpiperazine (BZP);
14        (2.2-1) Trifluoromethylphenylpiperazine (TFMPP);
15        (3) 3-methoxy-4,5-methylenedioxyamphetamine, (MMDA);
16        (4) 3,4,5-trimethoxyamphetamine (TMA);
17        (5) (Blank);
18        (6) Diethyltryptamine (DET);
19        (7) Dimethyltryptamine (DMT);
20        (7.1) 5-Methoxy-diallyltryptamine;
21        (8) 4-methyl-2,5-dimethoxyamphetamine (DOM, STP);
22        (9) Ibogaine  (some trade and other names:
23    7-ethyl-6,6,beta,7,8,9,10,12,13-octahydro-2-methoxy-
24    6,9-methano-5H-pyrido [1',2':1,2] azepino [5,4-b]
25    indole; Tabernanthe iboga);
26        (10) Lysergic acid diethylamide;

 

 

HB5447 Enrolled- 1897 -LRB100 16294 AMC 31417 b

1        (10.1) Salvinorin A;
2        (10.5) Salvia divinorum (meaning all parts of the plant
3    presently classified botanically as Salvia divinorum,
4    whether growing or not, the seeds thereof, any extract from
5    any part of that plant, and every compound, manufacture,
6    salts, isomers, and salts of isomers whenever the existence
7    of such salts, isomers, and salts of isomers is possible
8    within the specific chemical designation, derivative,
9    mixture, or preparation of that plant, its seeds or
10    extracts);
11        (11) 3,4,5-trimethoxyphenethylamine (Mescaline);
12        (12) Peyote (meaning all parts of the plant presently
13    classified botanically as Lophophora williamsii Lemaire,
14    whether growing or not, the seeds thereof, any extract from
15    any part of that plant, and every compound, manufacture,
16    salts, derivative, mixture, or preparation of that plant,
17    its seeds or extracts);
18        (13) N-ethyl-3-piperidyl benzilate (JB 318);
19        (14) N-methyl-3-piperidyl benzilate;
20        (14.1) N-hydroxy-3,4-methylenedioxyamphetamine
21    (also known as N-hydroxy-alpha-methyl-
22    3,4(methylenedioxy)phenethylamine and N-hydroxy MDA);
23        (15) Parahexyl; some trade or other names:
24    3-hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-
25    dibenzo (b,d) pyran; Synhexyl;
26        (16) Psilocybin;

 

 

HB5447 Enrolled- 1898 -LRB100 16294 AMC 31417 b

1        (17) Psilocyn;
2        (18) Alpha-methyltryptamine (AMT);
3        (19) 2,5-dimethoxyamphetamine
4    (2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);
5        (20) 4-bromo-2,5-dimethoxyamphetamine
6    (4-bromo-2,5-dimethoxy-alpha-methylphenethylamine;
7    4-bromo-2,5-DMA);
8        (20.1) 4-Bromo-2,5 dimethoxyphenethylamine.
9    Some trade or other names: 2-(4-bromo-
10    2,5-dimethoxyphenyl)-1-aminoethane;
11    alpha-desmethyl DOB, 2CB, Nexus;
12        (21) 4-methoxyamphetamine
13    (4-methoxy-alpha-methylphenethylamine;
14    paramethoxyamphetamine; PMA);
15        (22) (Blank);
16        (23) Ethylamine analog of phencyclidine.
17    Some trade or other names:
18    N-ethyl-1-phenylcyclohexylamine,
19    (1-phenylcyclohexyl) ethylamine,
20    N-(1-phenylcyclohexyl) ethylamine, cyclohexamine, PCE;
21        (24) Pyrrolidine analog of phencyclidine. Some trade
22    or other names: 1-(1-phenylcyclohexyl) pyrrolidine, PCPy,
23    PHP;
24        (25) 5-methoxy-3,4-methylenedioxy-amphetamine;
25        (26) 2,5-dimethoxy-4-ethylamphetamine
26    (another name: DOET);

 

 

HB5447 Enrolled- 1899 -LRB100 16294 AMC 31417 b

1        (27) 1-[1-(2-thienyl)cyclohexyl] pyrrolidine
2    (another name: TCPy);
3        (28) (Blank);
4        (29) Thiophene analog of phencyclidine (some trade
5    or other names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine;
6    2-thienyl analog of phencyclidine; TPCP; TCP);
7        (29.1) Benzothiophene analog of phencyclidine. Some
8    trade or other names: BTCP or benocyclidine;
9        (29.2) 3-Methoxyphencyclidine (3-MeO-PCP);
10        (30) Bufotenine (some trade or other names:
11    3-(Beta-Dimethylaminoethyl)-5-hydroxyindole;
12    3-(2-dimethylaminoethyl)-5-indolol;
13    5-hydroxy-N,N-dimethyltryptamine;
14    N,N-dimethylserotonin; mappine);
15        (31) (Blank);  
16        (32) (Blank);  
17        (33) (Blank);  
18        (34) (Blank); 
19        (34.5) (Blank);  
20        (35) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-
21    (2-methyloctan-2-yl)-6a,7, 
22    10,10a-tetrahydrobenzo[c]chromen-1-ol
23    Some trade or other names: HU-210; 
24        (35.5)  (6aS,10aS)-9-(hydroxymethyl)-6,6- 
25    dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a- 
26    tetrahydrobenzo[c]chromen-1-ol, its isomers,  

 

 

HB5447 Enrolled- 1900 -LRB100 16294 AMC 31417 b

1    salts, and salts of isomers; Some trade or other  
2    names: HU-210, Dexanabinol; 
3        (36) Dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-
4    6,6-dimethyl-3-(2-methyloctan-2-yl)- 
5    6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol
6    Some trade or other names: HU-211;
7        (37) (Blank);
8        (38) (Blank);
9        (39) (Blank);
10        (40) (Blank);
11        (41) (Blank);
12        (42) Any compound structurally derived from
13    3-(1-naphthoyl)indole or 1H-indol-3-yl-(1-naphthyl)methane
14    by substitution at the nitrogen atom of the indole ring by
15    alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
16    cycloalkylethyl, aryl halide, alkyl aryl halide,
17    1-(N-methyl-2-piperidinyl)methyl, or
18    2-(4-morpholinyl)ethyl whether or not further substituted
19    in the indole ring to any extent, whether or not
20    substituted in the naphthyl ring to any extent. Examples of
21    this structural class include, but are not limited to,
22    JWH-018, AM-2201, JWH-175, JWH-184, and JWH-185;
23        (43) Any compound structurally derived from
24    3-(1-naphthoyl)pyrrole by substitution at the nitrogen
25    atom of the pyrrole ring by alkyl, haloalkyl, alkenyl,
26    cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl

 

 

HB5447 Enrolled- 1901 -LRB100 16294 AMC 31417 b

1    halide, 1-(N-methyl-2-piperidinyl)methyl, or
2    2-(4-morpholinyl)ethyl, whether or not further substituted
3    in the pyrrole ring to any extent, whether or not
4    substituted in the naphthyl ring to any extent. Examples of
5    this structural class include, but are not limited to,
6    JWH-030, JWH-145, JWH-146, JWH-307, and JWH-368;
7        (44) Any compound structurally derived from
8    1-(1-naphthylmethyl)indene by substitution at the
9    3-position of the indene ring by alkyl, haloalkyl, alkenyl,
10    cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
11    halide, 1-(N-methyl-2-piperidinyl)methyl, or
12    2-(4-morpholinyl)ethyl whether or not further substituted
13    in the indene ring to any extent, whether or not
14    substituted in the naphthyl ring to any extent. Examples of
15    this structural class include, but are not limited to,
16    JWH-176;
17        (45) Any compound structurally derived from
18    3-phenylacetylindole by substitution at the nitrogen atom
19    of the indole ring with alkyl, haloalkyl, alkenyl,
20    cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
21    halide, 1-(N-methyl-2-piperidinyl)methyl, or
22    2-(4-morpholinyl)ethyl, whether or not further substituted
23    in the indole ring to any extent, whether or not
24    substituted in the phenyl ring to any extent. Examples of
25    this structural class include, but are not limited to,
26    JWH-167, JWH-250, JWH-251, and RCS-8;

 

 

HB5447 Enrolled- 1902 -LRB100 16294 AMC 31417 b

1        (46) Any compound structurally derived from
2    2-(3-hydroxycyclohexyl)phenol by substitution at the
3    5-position of the phenolic ring by alkyl, haloalkyl,
4    alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide,
5    alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or
6    2-(4-morpholinyl)ethyl, whether or not substituted in the
7    cyclohexyl ring to any extent. Examples of this structural
8    class include, but are not limited to, CP 47, 497 and its
9    C8 homologue (cannabicyclohexanol);
10        (46.1) Any compound structurally derived from
11    3-(benzoyl) indole with substitution at the nitrogen atom
12    of the indole ring by an alkyl, haloalkyl, alkenyl,
13    cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
14    halide, 1-(N-methyl-2-piperidinyl)methyl, or
15    2-(4-morpholinyl)ethyl group whether or not further
16    substituted in the indole ring to any extent and whether or
17    not substituted in the phenyl ring to any extent. Examples
18    of this structural class include, but are not limited to,
19    AM-630, AM-2233, AM-694, Pravadoline (WIN 48,098), and
20    RCS-4;
21        (47) (Blank);
22        (48) (Blank);
23        (49) (Blank);
24        (50) (Blank);
25        (51) (Blank);
26        (52) (Blank);

 

 

HB5447 Enrolled- 1903 -LRB100 16294 AMC 31417 b

1        (53) 2,5-Dimethoxy-4-(n)-propylthio-phenethylamine.
2    Some trade or other names: 2C-T-7;
3        (53.1) 4-ethyl-2,5-dimethoxyphenethylamine. Some trade
4    or other names: 2C-E;
5        (53.2) 2,5-dimethoxy-4-methylphenethylamine. Some
6    trade or other names: 2C-D;
7        (53.3) 4-chloro-2,5-dimethoxyphenethylamine. Some
8    trade or other names: 2C-C;
9        (53.4) 4-iodo-2,5-dimethoxyphenethylamine. Some trade
10    or other names: 2C-I;
11        (53.5) 4-ethylthio-2,5-dimethoxyphenethylamine. Some
12    trade or other names: 2C-T-2;
13        (53.6) 2,5-dimethoxy-4-isopropylthio-phenethylamine.
14    Some trade or other names: 2C-T-4;
15        (53.7) 2,5-dimethoxyphenethylamine. Some trade or
16    other names: 2C-H;
17        (53.8) 2,5-dimethoxy-4-nitrophenethylamine. Some trade
18    or other names: 2C-N;
19        (53.9) 2,5-dimethoxy-4-(n)-propylphenethylamine. Some
20    trade or other names: 2C-P;
21        (53.10) 2,5-dimethoxy-3,4-dimethylphenethylamine. Some
22    trade or other names: 2C-G;
23        (53.11) The N-(2-methoxybenzyl) derivative of any 2C
24    phenethylamine referred to in subparagraphs (20.1), (53),
25    (53.1), (53.2), (53.3), (53.4), (53.5), (53.6), (53.7),
26    (53.8), (53.9), and (53.10) including, but not limited to,

 

 

HB5447 Enrolled- 1904 -LRB100 16294 AMC 31417 b

1    25I-NBOMe and 25C-NBOMe;
2        (54) 5-Methoxy-N,N-diisopropyltryptamine;
3        (55) (Blank);
4        (56) (Blank);
5        (57) (Blank);
6        (58) (Blank);
7        (59) 3-cyclopropoylindole with substitution at the
8    nitrogen atom of the indole ring by alkyl, haloalkyl,
9    alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide,
10    alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or
11    2-(4-morpholinyl)ethyl, whether or not further substituted
12    on the indole ring to any extent, whether or not
13    substituted on the cyclopropyl ring to any extent:
14    including, but not limited to, XLR11, UR144, FUB-144;
15        (60) 3-adamantoylindole with substitution at the
16    nitrogen atom of the indole ring by alkyl, haloalkyl,
17    alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide,
18    alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or
19    2-(4-morpholinyl)ethyl, whether or not further substituted
20    on the indole ring to any extent, whether or not
21    substituted on the adamantyl ring to any extent: including,
22    but not limited to, AB-001;
23        (61) N-(adamantyl)-indole-3-carboxamide with
24    substitution at the nitrogen atom of the indole ring by
25    alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
26    cycloalkylethyl, aryl halide, alkyl aryl halide,

 

 

HB5447 Enrolled- 1905 -LRB100 16294 AMC 31417 b

1    1-(N-methyl-2-piperidinyl)methyl, or
2    2-(4-morpholinyl)ethyl, whether or not further substituted
3    on the indole ring to any extent, whether or not
4    substituted on the adamantyl ring to any extent: including,
5    but not limited to, APICA/2NE-1, STS-135;
6        (62) N-(adamantyl)-indazole-3-carboxamide with
7    substitution at a nitrogen atom of the indazole ring by
8    alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
9    cycloalkylethyl, aryl halide, alkyl aryl halide,
10    1-(N-methyl-2-piperidinyl)methyl, or
11    2-(4-morpholinyl)ethyl, whether or not further substituted
12    on the indazole ring to any extent, whether or not
13    substituted on the adamantyl ring to any extent: including,
14    but not limited to, AKB48, 5F-AKB48;
15        (63) 1H-indole-3-carboxylic acid 8-quinolinyl ester
16    with substitution at the nitrogen atom of the indole ring
17    by alkyl, haloalkyl, alkenyl, cycloalkylmethyl,
18    cycloalkylethyl, aryl halide, alkyl aryl halide,
19    1-(N-methyl-2-piperidinyl)methyl, or
20    2-(4-morpholinyl)ethyl, whether or not further substituted
21    on the indole ring to any extent, whether or not
22    substituted on the quinoline ring to any extent: including,
23    but not limited to, PB22, 5F-PB22, FUB-PB-22;
24        (64) 3-(1-naphthoyl)indazole with substitution at the
25    nitrogen atom of the indazole ring by alkyl, haloalkyl,
26    alkenyl, cycloalkylmethyl, cycloalkylethyl, aryl halide,

 

 

HB5447 Enrolled- 1906 -LRB100 16294 AMC 31417 b

1    alkyl aryl halide, 1-(N-methyl-2-piperidinyl)methyl, or
2    2-(4-morpholinyl)ethyl, whether or not further substituted
3    on the indazole ring to any extent, whether or not
4    substituted on the naphthyl ring to any extent: including,
5    but not limited to, THJ-018, THJ-2201;
6        (65) 2-(1-naphthoyl)benzimidazole with substitution at
7    the nitrogen atom of the benzimidazole ring by alkyl,
8    haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
9    aryl halide, alkyl aryl halide,
10    1-(N-methyl-2-piperidinyl)methyl, or
11    2-(4-morpholinyl)ethyl, whether or not further substituted
12    on the benzimidazole ring to any extent, whether or not
13    substituted on the naphthyl ring to any extent: including,
14    but not limited to, FUBIMINA;
15        (66) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1H-indazole-
16    3-carboxamide with substitution on the nitrogen atom of the
17    indazole ring by alkyl, haloalkyl, alkenyl,
18    cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
19    halide, 1-(N-methyl-2-piperidinyl)methyl, or
20    2-(4-morpholinyl)ethyl, whether or not further substituted
21    on the indazole ring to any extent: including, but not
22    limited to, AB-PINACA, AB-FUBINACA, AB-CHMINACA;
23        (67) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1H-
24    indazole-3-carboxamide with substitution on the nitrogen
25    atom of the indazole ring by alkyl, haloalkyl, alkenyl,
26    cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl

 

 

HB5447 Enrolled- 1907 -LRB100 16294 AMC 31417 b

1    halide, 1-(N-methyl-2-piperidinyl)methyl, or
2    2-(4-morpholinyl)ethyl, whether or not further substituted
3    on the indazole ring to any extent: including, but not
4    limited to, ADB-PINACA, ADB-FUBINACA;
5        (68) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1H-
6    indole-3-carboxamide with substitution on the nitrogen
7    atom of the indole ring by alkyl, haloalkyl, alkenyl,
8    cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
9    halide, 1-(N-methyl-2-piperidinyl)methyl, or
10    2-(4-morpholinyl)ethyl, whether or not further substituted
11    on the indole ring to any extent: including, but not
12    limited to, ADBICA, 5F-ADBICA;
13        (69) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1H-indole-
14    3-carboxamide with substitution on the nitrogen atom of the
15    indole ring by alkyl, haloalkyl, alkenyl,
16    cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
17    halide, 1-(N-methyl-2-piperidinyl)methyl, or
18    2-(4-morpholinyl)ethyl, whether or not further substituted
19    on the indole ring to any extent: including, but not
20    limited to, ABICA, 5F-ABICA;
21        (70) Methyl 2-(1H-indazole-3-carboxamido)-3-
22    methylbutanoate with substitution on the nitrogen atom of
23    the indazole ring by alkyl, haloalkyl, alkenyl,
24    cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
25    halide, 1-(N-methyl-2-piperidinyl)methyl, or
26    2-(4-morpholinyl)ethyl, whether or not further substituted

 

 

HB5447 Enrolled- 1908 -LRB100 16294 AMC 31417 b

1    on the indazole ring to any extent: including, but not
2    limited to, AMB, 5F-AMB; .
3        (71) Methyl 2-(1H-indazole-3-carboxamido)-3,3-
4    dimethylbutanoate with substitution on the nitrogen atom
5    of the indazole ring by alkyl, haloalkyl, alkenyl,
6    cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
7    halide, 1-(N-methyl-2-piperidinyl)methyl, or
8    2-(4-morpholinyl)ethyl, whether or not further substituted
9    on the indazole ring to any extent: including, but not
10    limited to, 5-fluoro-MDMB-PINACA, MDMB-FUBINACA;
11        (72) Methyl 2-(1H-indole-3-carboxamido)-3-
12    methylbutanoate with substitution on the nitrogen atom of
13    the indole ring by alkyl, haloalkyl, alkenyl,
14    cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
15    halide, 1-(N-methyl-2-piperidinyl)methyl, or
16    2-(4-morpholinyl)ethyl, whether or not further substituted
17    on the indazole ring to any extent: including, but not
18    limited to, MMB018, MMB2201, and AMB-CHMICA;
19        (73) Methyl 2-(1H-indole-3-carboxamido)-3,3-
20    dimethylbutanoate with substitution on the nitrogen atom
21    of the indole ring by alkyl, haloalkyl, alkenyl,
22    cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
23    halide, 1-(N-methyl-2-piperidinyl)methyl, or
24    2-(4-morpholinyl)ethyl, whether or not further substituted
25    on the indazole ring to any extent: including, but not
26    limited to, MDMB-CHMICA;

 

 

HB5447 Enrolled- 1909 -LRB100 16294 AMC 31417 b

1        (74) N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1H-
2    indazole-3-carboxamide with substitution on the nitrogen
3    atom of the indazole ring by alkyl, haloalkyl, alkenyl,
4    cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
5    halide, 1-(N-methyl-2-piperidinyl)methyl, or
6    2-(4-morpholinyl)ethyl, whether or not further substituted
7    on the indazole ring to any     extent: including, but not
8    limited to, APP-CHMINACA, 5-fluoro-APP-PINACA;
9        (75) N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1H-indole-
10    3-carboxamide with substitution on the nitrogen atom of the
11    indole ring by alkyl, haloalkyl, alkenyl,
12    cycloalkylmethyl, cycloalkylethyl, aryl halide, alkyl aryl
13    halide, 1-(N-methyl-2-piperidinyl)methyl, or
14    2-(4-morpholinyl)ethyl, whether or not further substituted
15    on the indazole ring to any extent: including, but not
16    limited to, APP-PICA and 5-fluoro-APP-PICA;
17        (76) 4-Acetoxy-N,N-dimethyltryptamine: trade name
18    4-AcO-DMT;
19        (77) 5-Methoxy-N-methyl-N-isopropyltryptamine: trade
20    name 5-MeO-MIPT;
21        (78) 4-hydroxy Diethyltryptamine (4-HO-DET);
22        (79) 4-hydroxy-N-methyl-N-ethyltryptamine (4-HO-MET);
23        (80) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);
24        (81) 4-hydroxy-N-methyl-N-isopropyltryptamine
25    (4-HO-MiPT);
26        (82) Fluorophenylpiperazine;

 

 

HB5447 Enrolled- 1910 -LRB100 16294 AMC 31417 b

1        (83) Methoxetamine;
2        (84) 1-(Ethylamino)-2-phenylpropan-2-one (iso-
3    ethcathinone).
4    (e) Unless specifically excepted or unless listed in
5another schedule, any material, compound, mixture, or
6preparation which contains any quantity of the following
7substances having a depressant effect on the central nervous
8system, including its salts, isomers, and salts of isomers
9whenever the existence of such salts, isomers, and salts of
10isomers is possible within the specific chemical designation:
11        (1) mecloqualone;
12        (2) methaqualone; and
13        (3) gamma hydroxybutyric acid.
14    (f) Unless specifically excepted or unless listed in
15another schedule, any material, compound, mixture, or
16preparation which contains any quantity of the following
17substances having a stimulant effect on the central nervous
18system, including its salts, isomers, and salts of isomers:
19        (1) Fenethylline;
20        (2) N-ethylamphetamine;
21        (3) Aminorex (some other names:
22    2-amino-5-phenyl-2-oxazoline; aminoxaphen;
23    4-5-dihydro-5-phenyl-2-oxazolamine) and its
24    salts, optical isomers, and salts of optical isomers;
25        (4) Methcathinone (some other names:
26    2-methylamino-1-phenylpropan-1-one;

 

 

HB5447 Enrolled- 1911 -LRB100 16294 AMC 31417 b

1    Ephedrone; 2-(methylamino)-propiophenone;
2    alpha-(methylamino)propiophenone; N-methylcathinone;
3    methycathinone; Monomethylpropion; UR 1431) and its
4    salts, optical isomers, and salts of optical isomers;
5        (5) Cathinone (some trade or other names:
6    2-aminopropiophenone; alpha-aminopropiophenone;
7    2-amino-1-phenyl-propanone; norephedrone);
8        (6) N,N-dimethylamphetamine (also known as:
9    N,N-alpha-trimethyl-benzeneethanamine;
10    N,N-alpha-trimethylphenethylamine);
11        (7) (+ or -) cis-4-methylaminorex  ((+ or -) cis-
12    4,5-dihydro-4-methyl-4-5-phenyl-2-oxazolamine);
13        (8) 3,4-Methylenedioxypyrovalerone (MDPV);
14        (9) Halogenated amphetamines and
15    methamphetamines - any compound derived from either
16    amphetamine or methamphetamine through the substitution
17    of a halogen on the phenyl ring, including, but not
18    limited to, 2-fluoroamphetamine, 3-
19    fluoroamphetamine and 4-fluoroamphetamine; 
20        (10) Aminopropylbenzofuran (APB):
21    including 4-(2-Aminopropyl) benzofuran, 5-
22    (2-Aminopropyl)benzofuran, 6-(2-Aminopropyl)
23    benzofuran, and 7-(2-Aminopropyl) benzofuran; 
24        (11) Aminopropyldihydrobenzofuran (APDB):
25    including 4-(2-Aminopropyl)-2,3- dihydrobenzofuran,
26    5-(2-Aminopropyl)-2, 3-dihydrobenzofuran,

 

 

HB5447 Enrolled- 1912 -LRB100 16294 AMC 31417 b

1    6-(2-Aminopropyl)-2,3-dihydrobenzofuran,
2    and 7-(2-Aminopropyl)-2,3-dihydrobenzofuran; 
3        (12) Methylaminopropylbenzofuran
4    (MAPB): including 4-(2-methylaminopropyl)
5    benzofuran, 5-(2-methylaminopropyl)benzofuran,
6    6-(2-methylaminopropyl)benzofuran
7    and 7-(2-methylaminopropyl)benzofuran. 
8    (g) Temporary listing of substances subject to emergency
9scheduling. Any material, compound, mixture, or preparation
10that contains any quantity of the following substances:
11        (1) N-[1-benzyl-4-piperidyl]-N-phenylpropanamide
12    (benzylfentanyl), its optical isomers, isomers, salts, and
13    salts of isomers;
14        (2) N-[1(2-thienyl) methyl-4-piperidyl]-N-
15    phenylpropanamide (thenylfentanyl), its optical isomers,
16    salts, and salts of isomers.
17    (h) Synthetic cathinones. Unless specifically excepted,
18any chemical compound which is not approved by the United
19States Food and Drug Administration or, if approved, is not
20dispensed or possessed in accordance with State or federal law,
21not including bupropion, structurally derived from
222-aminopropan-1-one by substitution at the 1-position with
23either phenyl, naphthyl, or thiophene ring systems, whether or
24not the compound is further modified in one or more of the
25following ways:
26        (1) by substitution in the ring system to any extent

 

 

HB5447 Enrolled- 1913 -LRB100 16294 AMC 31417 b

1    with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or
2    halide substituents, whether or not further substituted in
3    the ring system by one or more other univalent
4    substituents. Examples of this class include, but are not
5    limited to, 3,4-Methylenedioxycathinone (bk-MDA);
6        (2) by substitution at the 3-position with an acyclic
7    alkyl substituent. Examples of this class include, but are
8    not limited to, 2-methylamino-1-phenylbutan-1-one
9    (buphedrone); or
10        (3) by substitution at the 2-amino nitrogen atom with
11    alkyl, dialkyl, benzyl, or methoxybenzyl groups, or by
12    inclusion of the 2-amino nitrogen atom in a cyclic
13    structure. Examples of this class include, but are not
14    limited to, Dimethylcathinone, Ethcathinone, and
15    a-Pyrrolidinopropiophenone (a-PPP).
16(Source: P.A. 99-371, eff. 1-1-16; 100-201, eff. 8-18-17;
17100-368, eff. 1-1-18; revised 10-5-17.)
 
18    (720 ILCS 570/303.05)
19    Sec. 303.05. Mid-level practitioner registration.
20    (a) The Department of Financial and Professional
21Regulation shall register licensed physician assistants,
22licensed advanced practice registered nurses, and prescribing
23psychologists licensed under Section 4.2 of the Clinical
24Psychologist Licensing Act to prescribe and dispense
25controlled substances under Section 303 and euthanasia

 

 

HB5447 Enrolled- 1914 -LRB100 16294 AMC 31417 b

1agencies to purchase, store, or administer animal euthanasia
2drugs under the following circumstances:
3        (1) with respect to physician assistants,
4            (A) the physician assistant has been delegated
5        written authority to prescribe any Schedule III
6        through V controlled substances by a physician
7        licensed to practice medicine in all its branches in
8        accordance with Section 7.5 of the Physician Assistant
9        Practice Act of 1987; and the physician assistant has
10        completed the appropriate application forms and has
11        paid the required fees as set by rule; or
12            (B) the physician assistant has been delegated
13        authority by a collaborating physician licensed to
14        practice medicine in all its branches to prescribe or
15        dispense Schedule II controlled substances through a
16        written delegation of authority and under the
17        following conditions:
18                (i) Specific Schedule II controlled substances
19            by oral dosage or topical or transdermal
20            application may be delegated, provided that the
21            delegated Schedule II controlled substances are
22            routinely prescribed by the collaborating
23            physician. This delegation must identify the
24            specific Schedule II controlled substances by
25            either brand name or generic name. Schedule II
26            controlled substances to be delivered by injection

 

 

HB5447 Enrolled- 1915 -LRB100 16294 AMC 31417 b

1            or other route of administration may not be
2            delegated;
3                (ii) any delegation must be of controlled
4            substances prescribed by the collaborating
5            physician;
6                (iii) all prescriptions must be limited to no
7            more than a 30-day supply, with any continuation
8            authorized only after prior approval of the
9            collaborating physician;
10                (iv) the physician assistant must discuss the
11            condition of any patients for whom a controlled
12            substance is prescribed monthly with the
13            delegating physician;
14                (v) the physician assistant must have
15            completed the appropriate application forms and
16            paid the required fees as set by rule;
17                (vi) the physician assistant must provide
18            evidence of satisfactory completion of 45 contact
19            hours in pharmacology from any physician assistant
20            program accredited by the Accreditation Review
21            Commission on Education for the Physician
22            Assistant (ARC-PA), or its predecessor agency, for
23            any new license issued with Schedule II authority
24            after the effective date of this amendatory Act of
25            the 97th General Assembly; and
26                (vii) the physician assistant must annually

 

 

HB5447 Enrolled- 1916 -LRB100 16294 AMC 31417 b

1            complete at least 5 hours of continuing education
2            in pharmacology;
3        (2) with respect to advanced practice registered
4    nurses who do not meet the requirements of Section 65-43 of
5    the Nurse Practice Act,
6            (A) the advanced practice registered nurse has
7        been delegated authority to prescribe any Schedule III
8        through V controlled substances by a collaborating
9        physician licensed to practice medicine in all its
10        branches or a collaborating podiatric physician in
11        accordance with Section 65-40 of the Nurse Practice
12        Act. The advanced practice registered nurse has
13        completed the appropriate application forms and has
14        paid the required fees as set by rule; or
15            (B) the advanced practice registered nurse has
16        been delegated authority by a collaborating physician
17        licensed to practice medicine in all its branches to
18        prescribe or dispense Schedule II controlled
19        substances through a written delegation of authority
20        and under the following conditions:
21                (i) specific Schedule II controlled substances
22            by oral dosage or topical or transdermal
23            application may be delegated, provided that the
24            delegated Schedule II controlled substances are
25            routinely prescribed by the collaborating
26            physician. This delegation must identify the

 

 

HB5447 Enrolled- 1917 -LRB100 16294 AMC 31417 b

1            specific Schedule II controlled substances by
2            either brand name or generic name. Schedule II
3            controlled substances to be delivered by injection
4            or other route of administration may not be
5            delegated;
6                (ii) any delegation must be of controlled
7            substances prescribed by the collaborating
8            physician;
9                (iii) all prescriptions must be limited to no
10            more than a 30-day supply, with any continuation
11            authorized only after prior approval of the
12            collaborating physician;
13                (iv) the advanced practice registered nurse
14            must discuss the condition of any patients for whom
15            a controlled substance is prescribed monthly with
16            the delegating physician or in the course of review
17            as required by Section 65-40 of the Nurse Practice
18            Act;
19                (v) the advanced practice registered nurse
20            must have completed the appropriate application
21            forms and paid the required fees as set by rule;
22                (vi) the advanced practice registered nurse
23            must provide evidence of satisfactory completion
24            of at least 45 graduate contact hours in
25            pharmacology for any new license issued with
26            Schedule II authority after the effective date of

 

 

HB5447 Enrolled- 1918 -LRB100 16294 AMC 31417 b

1            this amendatory Act of the 97th General Assembly;
2            and
3                (vii) the advanced practice registered nurse
4            must annually complete 5 hours of continuing
5            education in pharmacology;
6        (2.5) with respect to advanced practice registered
7    nurses certified as nurse practitioners, nurse midwives,
8    or clinical nurse specialists who do not meet the
9    requirements of Section 65-43 of the Nurse Practice Act
10    practicing in a hospital affiliate,
11            (A) the advanced practice registered nurse
12        certified as a nurse practitioner, nurse midwife, or
13        clinical nurse specialist has been privileged to
14        prescribe any Schedule II through V controlled
15        substances by the hospital affiliate upon the
16        recommendation of the appropriate physician committee
17        of the hospital affiliate in accordance with Section
18        65-45 of the Nurse Practice Act, has completed the
19        appropriate application forms, and has paid the
20        required fees as set by rule; and
21            (B) an advanced practice registered nurse
22        certified as a nurse practitioner, nurse midwife, or
23        clinical nurse specialist has been privileged to
24        prescribe any Schedule II controlled substances by the
25        hospital affiliate upon the recommendation of the
26        appropriate physician committee of the hospital

 

 

HB5447 Enrolled- 1919 -LRB100 16294 AMC 31417 b

1        affiliate, then the following conditions must be met:
2                (i) specific Schedule II controlled substances
3            by oral dosage or topical or transdermal
4            application may be designated, provided that the
5            designated Schedule II controlled substances are
6            routinely prescribed by advanced practice
7            registered nurses in their area of certification;
8            the privileging documents must identify the
9            specific Schedule II controlled substances by
10            either brand name or generic name; privileges to
11            prescribe or dispense Schedule II controlled
12            substances to be delivered by injection or other
13            route of administration may not be granted;
14                (ii) any privileges must be controlled
15            substances limited to the practice of the advanced
16            practice registered nurse;
17                (iii) any prescription must be limited to no
18            more than a 30-day supply;
19                (iv) the advanced practice registered nurse
20            must discuss the condition of any patients for whom
21            a controlled substance is prescribed monthly with
22            the appropriate physician committee of the
23            hospital affiliate or its physician designee; and
24                (v) the advanced practice registered nurse
25            must meet the education requirements of this
26            Section;

 

 

HB5447 Enrolled- 1920 -LRB100 16294 AMC 31417 b

1        (3) with respect to animal euthanasia agencies, the
2    euthanasia agency has obtained a license from the
3    Department of Financial and Professional Regulation and
4    obtained a registration number from the Department; or
5        (4) with respect to prescribing psychologists, the
6    prescribing psychologist has been delegated authority to
7    prescribe any nonnarcotic Schedule III through V
8    controlled substances by a collaborating physician
9    licensed to practice medicine in all its branches in
10    accordance with Section 4.3 of the Clinical Psychologist
11    Licensing Act, and the prescribing psychologist has
12    completed the appropriate application forms and has paid
13    the required fees as set by rule.
14    (b) The mid-level practitioner shall only be licensed to
15prescribe those schedules of controlled substances for which a
16licensed physician has delegated prescriptive authority,
17except that an animal euthanasia agency does not have any
18prescriptive authority. A physician assistant and an advanced
19practice registered nurse are prohibited from prescribing
20medications and controlled substances not set forth in the
21required written delegation of authority or as authorized by
22their practice Act.
23    (c) Upon completion of all registration requirements,
24physician assistants, advanced practice registered nurses, and
25animal euthanasia agencies may be issued a mid-level
26practitioner controlled substances license for Illinois.

 

 

HB5447 Enrolled- 1921 -LRB100 16294 AMC 31417 b

1    (d) A collaborating physician may, but is not required to,
2delegate prescriptive authority to an advanced practice
3registered nurse as part of a written collaborative agreement,
4and the delegation of prescriptive authority shall conform to
5the requirements of Section 65-40 of the Nurse Practice Act.
6    (e) A collaborating physician may, but is not required to,
7delegate prescriptive authority to a physician assistant as
8part of a written collaborative agreement, and the delegation
9of prescriptive authority shall conform to the requirements of
10Section 7.5 of the Physician Assistant Practice Act of 1987.
11    (f) Nothing in this Section shall be construed to prohibit
12generic substitution.
13(Source: P.A. 99-173, eff. 7-29-15; 100-453, eff. 8-25-17;
14100-513, eff. 1-1-18; revised 10-5-17.)
 
15    Section 580. The Code of Criminal Procedure of 1963 is
16amended by changing Sections 110-6.4 and 112A-14 as follows:
 
17    (725 ILCS 5/110-6.4)
18    Sec. 110-6.4. Statewide risk-assessment risk assessment
19tool. The Supreme Court may establish a statewide
20risk-assessment tool to be used in proceedings to assist the
21court in establishing bail for a defendant by assessing the
22defendant's likelihood of appearing at future court
23proceedings or determining if the defendant poses a real and
24present threat to the physical safety of any person or persons.

 

 

HB5447 Enrolled- 1922 -LRB100 16294 AMC 31417 b

1The Supreme Court shall consider establishing a
2risk-assessment tool that does not discriminate on the basis of
3race, gender, educational level, socio-economic status, or
4neighborhood. If a risk-assessment risk assessment tool is
5utilized within a circuit that does not require a personal
6interview to be completed, the Chief Judge of the circuit or
7the director Director of the pretrial services agency Pre-trial
8Services Agency may exempt the requirement under Section 9 and
9subsection (a) of Section 7 of the Pretrial Services Act.
10    For the purpose of this Section, "risk-assessment tool"
11"risk assessment tool" means an empirically validated,
12evidence-based screening instrument that demonstrates reduced
13instances of a defendant's failure to appear for further court
14proceedings or prevents future criminal activity.
15(Source: P.A. 100-1, eff. 1-1-18; revised 10-5-17.)
 
16    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
17    Sec. 112A-14. Order of protection; remedies.
18    (a) (Blank).
19    (b) The court may order any of the remedies listed in this
20subsection. The remedies listed in this subsection shall be in
21addition to other civil or criminal remedies available to
22petitioner.
23        (1) Prohibition of abuse. Prohibit respondent's
24    harassment, interference with personal liberty,
25    intimidation of a dependent, physical abuse or willful

 

 

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1    deprivation, as defined in this Article, if such abuse has
2    occurred or otherwise appears likely to occur if not
3    prohibited.
4        (2) Grant of exclusive possession of residence.
5    Prohibit respondent from entering or remaining in any
6    residence, household, or premises of the petitioner,
7    including one owned or leased by respondent, if petitioner
8    has a right to occupancy thereof. The grant of exclusive
9    possession of the residence, household, or premises shall
10    not affect title to real property, nor shall the court be
11    limited by the standard set forth in Section 701 of the
12    Illinois Marriage and Dissolution of Marriage Act.
13            (A) Right to occupancy. A party has a right to
14        occupancy of a residence or household if it is solely
15        or jointly owned or leased by that party, that party's
16        spouse, a person with a legal duty to support that
17        party or a minor child in that party's care, or by any
18        person or entity other than the opposing party that
19        authorizes that party's occupancy (e.g., a domestic
20        violence shelter). Standards set forth in subparagraph
21        (B) shall not preclude equitable relief.
22            (B) Presumption of hardships. If petitioner and
23        respondent each has the right to occupancy of a
24        residence or household, the court shall balance (i) the
25        hardships to respondent and any minor child or
26        dependent adult in respondent's care resulting from

 

 

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1        entry of this remedy with (ii) the hardships to
2        petitioner and any minor child or dependent adult in
3        petitioner's care resulting from continued exposure to
4        the risk of abuse (should petitioner remain at the
5        residence or household) or from loss of possession of
6        the residence or household (should petitioner leave to
7        avoid the risk of abuse). When determining the balance
8        of hardships, the court shall also take into account
9        the accessibility of the residence or household.
10        Hardships need not be balanced if respondent does not
11        have a right to occupancy.
12            The balance of hardships is presumed to favor
13        possession by petitioner unless the presumption is
14        rebutted by a preponderance of the evidence, showing
15        that the hardships to respondent substantially
16        outweigh the hardships to petitioner and any minor
17        child or dependent adult in petitioner's care. The
18        court, on the request of petitioner or on its own
19        motion, may order respondent to provide suitable,
20        accessible, alternate housing for petitioner instead
21        of excluding respondent from a mutual residence or
22        household.
23        (3) Stay away order and additional prohibitions. Order
24    respondent to stay away from petitioner or any other person
25    protected by the order of protection, or prohibit
26    respondent from entering or remaining present at

 

 

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1    petitioner's school, place of employment, or other
2    specified places at times when petitioner is present, or
3    both, if reasonable, given the balance of hardships.
4    Hardships need not be balanced for the court to enter a
5    stay away order or prohibit entry if respondent has no
6    right to enter the premises.
7            (A) If an order of protection grants petitioner
8        exclusive possession of the residence, or prohibits
9        respondent from entering the residence, or orders
10        respondent to stay away from petitioner or other
11        protected persons, then the court may allow respondent
12        access to the residence to remove items of clothing and
13        personal adornment used exclusively by respondent,
14        medications, and other items as the court directs. The
15        right to access shall be exercised on only one occasion
16        as the court directs and in the presence of an
17        agreed-upon adult third party or law enforcement
18        officer.
19            (B) When the petitioner and the respondent attend
20        the same public, private, or non-public elementary,
21        middle, or high school, the court when issuing an order
22        of protection and providing relief shall consider the
23        severity of the act, any continuing physical danger or
24        emotional distress to the petitioner, the educational
25        rights guaranteed to the petitioner and respondent
26        under federal and State law, the availability of a

 

 

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1        transfer of the respondent to another school, a change
2        of placement or a change of program of the respondent,
3        the expense, difficulty, and educational disruption
4        that would be caused by a transfer of the respondent to
5        another school, and any other relevant facts of the
6        case. The court may order that the respondent not
7        attend the public, private, or non-public elementary,
8        middle, or high school attended by the petitioner,
9        order that the respondent accept a change of placement
10        or change of program, as determined by the school
11        district or private or non-public school, or place
12        restrictions on the respondent's movements within the
13        school attended by the petitioner. The respondent
14        bears the burden of proving by a preponderance of the
15        evidence that a transfer, change of placement, or
16        change of program of the respondent is not available.
17        The respondent also bears the burden of production with
18        respect to the expense, difficulty, and educational
19        disruption that would be caused by a transfer of the
20        respondent to another school. A transfer, change of
21        placement, or change of program is not unavailable to
22        the respondent solely on the ground that the respondent
23        does not agree with the school district's or private or
24        non-public school's transfer, change of placement, or
25        change of program or solely on the ground that the
26        respondent fails or refuses to consent or otherwise

 

 

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1        does not take an action required to effectuate a
2        transfer, change of placement, or change of program.
3        When a court orders a respondent to stay away from the
4        public, private, or non-public school attended by the
5        petitioner and the respondent requests a transfer to
6        another attendance center within the respondent's
7        school district or private or non-public school, the
8        school district or private or non-public school shall
9        have sole discretion to determine the attendance
10        center to which the respondent is transferred. If the
11        court order results in a transfer of the minor
12        respondent to another attendance center, a change in
13        the respondent's placement, or a change of the
14        respondent's program, the parents, guardian, or legal
15        custodian of the respondent is responsible for
16        transportation and other costs associated with the
17        transfer or change.
18            (C) The court may order the parents, guardian, or
19        legal custodian of a minor respondent to take certain
20        actions or to refrain from taking certain actions to
21        ensure that the respondent complies with the order. If
22        the court orders a transfer of the respondent to
23        another school, the parents, guardian, or legal
24        custodian of the respondent is responsible for
25        transportation and other costs associated with the
26        change of school by the respondent.

 

 

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1        (4) Counseling. Require or recommend the respondent to
2    undergo counseling for a specified duration with a social
3    worker, psychologist, clinical psychologist, psychiatrist,
4    family service agency, alcohol or substance abuse program,
5    mental health center guidance counselor, agency providing
6    services to elders, program designed for domestic violence
7    abusers or any other guidance service the court deems
8    appropriate. The court may order the respondent in any
9    intimate partner relationship to report to an Illinois
10    Department of Human Services protocol approved partner
11    abuse intervention program for an assessment and to follow
12    all recommended treatment.
13        (5) Physical care and possession of the minor child. In
14    order to protect the minor child from abuse, neglect, or
15    unwarranted separation from the person who has been the
16    minor child's primary caretaker, or to otherwise protect
17    the well-being of the minor child, the court may do either
18    or both of the following: (i) grant petitioner physical
19    care or possession of the minor child, or both, or (ii)
20    order respondent to return a minor child to, or not remove
21    a minor child from, the physical care of a parent or person
22    in loco parentis.
23        If the respondent is charged with abuse (as defined in
24    Section 112A-3) of a minor child, there shall be a
25    rebuttable presumption that awarding physical care to
26    respondent would not be in the minor child's best interest.

 

 

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1        (6) Temporary legal custody. Award temporary legal
2    custody to petitioner in accordance with this Section, the
3    Illinois Marriage and Dissolution of Marriage Act, the
4    Illinois Parentage Act of 2015, and this State's Uniform
5    Child-Custody Jurisdiction and Enforcement Act.
6        If the respondent is charged with abuse (as defined in
7    Section 112A-3) of a minor child, there shall be a
8    rebuttable presumption that awarding temporary legal
9    custody to respondent would not be in the child's best
10    interest.
11        (7) Visitation. Determine the visitation rights, if
12    any, of respondent in any case in which the court awards
13    physical care or temporary legal custody of a minor child
14    to petitioner. The court shall restrict or deny
15    respondent's visitation with a minor child if the court
16    finds that respondent has done or is likely to do any of
17    the following: (i) abuse or endanger the minor child during
18    visitation; (ii) use the visitation as an opportunity to
19    abuse or harass petitioner or petitioner's family or
20    household members; (iii) improperly conceal or detain the
21    minor child; or (iv) otherwise act in a manner that is not
22    in the best interests of the minor child. The court shall
23    not be limited by the standards set forth in Section 607.1
24    of the Illinois Marriage and Dissolution of Marriage Act.
25    If the court grants visitation, the order shall specify
26    dates and times for the visitation to take place or other

 

 

HB5447 Enrolled- 1930 -LRB100 16294 AMC 31417 b

1    specific parameters or conditions that are appropriate. No
2    order for visitation shall refer merely to the term
3    "reasonable visitation".
4        Petitioner may deny respondent access to the minor
5    child if, when respondent arrives for visitation,
6    respondent is under the influence of drugs or alcohol and
7    constitutes a threat to the safety and well-being of
8    petitioner or petitioner's minor children or is behaving in
9    a violent or abusive manner.
10        If necessary to protect any member of petitioner's
11    family or household from future abuse, respondent shall be
12    prohibited from coming to petitioner's residence to meet
13    the minor child for visitation, and the parties shall
14    submit to the court their recommendations for reasonable
15    alternative arrangements for visitation. A person may be
16    approved to supervise visitation only after filing an
17    affidavit accepting that responsibility and acknowledging
18    accountability to the court.
19        (8) Removal or concealment of minor child. Prohibit
20    respondent from removing a minor child from the State or
21    concealing the child within the State.
22        (9) Order to appear. Order the respondent to appear in
23    court, alone or with a minor child, to prevent abuse,
24    neglect, removal or concealment of the child, to return the
25    child to the custody or care of the petitioner or to permit
26    any court-ordered interview or examination of the child or

 

 

HB5447 Enrolled- 1931 -LRB100 16294 AMC 31417 b

1    the respondent.
2        (10) Possession of personal property. Grant petitioner
3    exclusive possession of personal property and, if
4    respondent has possession or control, direct respondent to
5    promptly make it available to petitioner, if:
6            (i) petitioner, but not respondent, owns the
7        property; or
8            (ii) the parties own the property jointly; sharing
9        it would risk abuse of petitioner by respondent or is
10        impracticable; and the balance of hardships favors
11        temporary possession by petitioner.
12        If petitioner's sole claim to ownership of the property
13    is that it is marital property, the court may award
14    petitioner temporary possession thereof under the
15    standards of subparagraph (ii) of this paragraph only if a
16    proper proceeding has been filed under the Illinois
17    Marriage and Dissolution of Marriage Act, as now or
18    hereafter amended.
19        No order under this provision shall affect title to
20    property.
21        (11) Protection of property. Forbid the respondent
22    from taking, transferring, encumbering, concealing,
23    damaging or otherwise disposing of any real or personal
24    property, except as explicitly authorized by the court, if:
25            (i) petitioner, but not respondent, owns the
26        property; or

 

 

HB5447 Enrolled- 1932 -LRB100 16294 AMC 31417 b

1            (ii) the parties own the property jointly, and the
2        balance of hardships favors granting this remedy.
3        If petitioner's sole claim to ownership of the property
4    is that it is marital property, the court may grant
5    petitioner relief under subparagraph (ii) of this
6    paragraph only if a proper proceeding has been filed under
7    the Illinois Marriage and Dissolution of Marriage Act, as
8    now or hereafter amended.
9        The court may further prohibit respondent from
10    improperly using the financial or other resources of an
11    aged member of the family or household for the profit or
12    advantage of respondent or of any other person.
13        (11.5) Protection of animals. Grant the petitioner the
14    exclusive care, custody, or control of any animal owned,
15    possessed, leased, kept, or held by either the petitioner
16    or the respondent or a minor child residing in the
17    residence or household of either the petitioner or the
18    respondent and order the respondent to stay away from the
19    animal and forbid the respondent from taking,
20    transferring, encumbering, concealing, harming, or
21    otherwise disposing of the animal.
22        (12) Order for payment of support. Order respondent to
23    pay temporary support for the petitioner or any child in
24    the petitioner's care or custody, when the respondent has a
25    legal obligation to support that person, in accordance with
26    the Illinois Marriage and Dissolution of Marriage Act,

 

 

HB5447 Enrolled- 1933 -LRB100 16294 AMC 31417 b

1    which shall govern, among other matters, the amount of
2    support, payment through the clerk and withholding of
3    income to secure payment. An order for child support may be
4    granted to a petitioner with lawful physical care or
5    custody of a child, or an order or agreement for physical
6    care or custody, prior to entry of an order for legal
7    custody. Such a support order shall expire upon entry of a
8    valid order granting legal custody to another, unless
9    otherwise provided in the custody order.
10        (13) Order for payment of losses. Order respondent to
11    pay petitioner for losses suffered as a direct result of
12    the abuse. Such losses shall include, but not be limited
13    to, medical expenses, lost earnings or other support,
14    repair or replacement of property damaged or taken,
15    reasonable attorney's fees, court costs and moving or other
16    travel expenses, including additional reasonable expenses
17    for temporary shelter and restaurant meals.
18            (i) Losses affecting family needs. If a party is
19        entitled to seek maintenance, child support or
20        property distribution from the other party under the
21        Illinois Marriage and Dissolution of Marriage Act, as
22        now or hereafter amended, the court may order
23        respondent to reimburse petitioner's actual losses, to
24        the extent that such reimbursement would be
25        "appropriate temporary relief", as authorized by
26        subsection (a)(3) of Section 501 of that Act.

 

 

HB5447 Enrolled- 1934 -LRB100 16294 AMC 31417 b

1            (ii) Recovery of expenses. In the case of an
2        improper concealment or removal of a minor child, the
3        court may order respondent to pay the reasonable
4        expenses incurred or to be incurred in the search for
5        and recovery of the minor child, including, but not
6        limited to, legal fees, court costs, private
7        investigator fees, and travel costs.
8        (14) Prohibition of entry. Prohibit the respondent
9    from entering or remaining in the residence or household
10    while the respondent is under the influence of alcohol or
11    drugs and constitutes a threat to the safety and well-being
12    of the petitioner or the petitioner's children.
13        (14.5) Prohibition of firearm possession.
14            (A) A person who is subject to an existing order of
15        protection, issued under this Code may not lawfully
16        possess weapons under Section 8.2 of the Firearm Owners
17        Identification Card Act.
18            (B) Any firearms in the possession of the
19        respondent, except as provided in subparagraph (C) of
20        this paragraph (14.5), shall be ordered by the court to
21        be turned over to a person with a valid Firearm Owner's
22        Identification Card for safekeeping. The court shall
23        issue an order that the respondent's Firearm Owner's
24        Identification Card be turned over to the local law
25        enforcement agency, which in turn shall immediately
26        mail the card to the Department of State Police Firearm

 

 

HB5447 Enrolled- 1935 -LRB100 16294 AMC 31417 b

1        Owner's Identification Card Office for safekeeping.
2        The period of safekeeping shall be for the duration of
3        the order of protection. The firearm or firearms and
4        Firearm Owner's Identification Card, if unexpired,
5        shall at the respondent's request be returned to the
6        respondent at expiration of the order of protection.
7            (C) If the respondent is a peace officer as defined
8        in Section 2-13 of the Criminal Code of 2012, the court
9        shall order that any firearms used by the respondent in
10        the performance of his or her duties as a peace officer
11        be surrendered to the chief law enforcement executive
12        of the agency in which the respondent is employed, who
13        shall retain the firearms for safekeeping for the
14        duration of the order of protection.
15            (D) Upon expiration of the period of safekeeping,
16        if the firearms or Firearm Owner's Identification Card
17        cannot be returned to respondent because respondent
18        cannot be located, fails to respond to requests to
19        retrieve the firearms, or is not lawfully eligible to
20        possess a firearm, upon petition from the local law
21        enforcement agency, the court may order the local law
22        enforcement agency to destroy the firearms, use the
23        firearms for training purposes, or for any other
24        application as deemed appropriate by the local law
25        enforcement agency; or that the firearms be turned over
26        to a third party who is lawfully eligible to possess

 

 

HB5447 Enrolled- 1936 -LRB100 16294 AMC 31417 b

1        firearms, and who does not reside with respondent.
2        (15) Prohibition of access to records. If an order of
3    protection prohibits respondent from having contact with
4    the minor child, or if petitioner's address is omitted
5    under subsection (b) of Section 112A-5, or if necessary to
6    prevent abuse or wrongful removal or concealment of a minor
7    child, the order shall deny respondent access to, and
8    prohibit respondent from inspecting, obtaining, or
9    attempting to inspect or obtain, school or any other
10    records of the minor child who is in the care of
11    petitioner.
12        (16) Order for payment of shelter services. Order
13    respondent to reimburse a shelter providing temporary
14    housing and counseling services to the petitioner for the
15    cost of the services, as certified by the shelter and
16    deemed reasonable by the court.
17        (17) Order for injunctive relief. Enter injunctive
18    relief necessary or appropriate to prevent further abuse of
19    a family or household member or to effectuate one of the
20    granted remedies, if supported by the balance of hardships.
21    If the harm to be prevented by the injunction is abuse or
22    any other harm that one of the remedies listed in
23    paragraphs (1) through (16) of this subsection is designed
24    to prevent, no further evidence is necessary to establish
25    that the harm is an irreparable injury.
26        (18) Telephone services.

 

 

HB5447 Enrolled- 1937 -LRB100 16294 AMC 31417 b

1            (A) Unless a condition described in subparagraph
2        (B) of this paragraph exists, the court may, upon
3        request by the petitioner, order a wireless telephone
4        service provider to transfer to the petitioner the
5        right to continue to use a telephone number or numbers
6        indicated by the petitioner and the financial
7        responsibility associated with the number or numbers,
8        as set forth in subparagraph (C) of this paragraph. For
9        purposes of this paragraph (18), the term "wireless
10        telephone service provider" means a provider of
11        commercial mobile service as defined in 47 U.S.C. 332.
12        The petitioner may request the transfer of each
13        telephone number that the petitioner, or a minor child
14        in his or her custody, uses. The clerk of the court
15        shall serve the order on the wireless telephone service
16        provider's agent for service of process provided to the
17        Illinois Commerce Commission. The order shall contain
18        all of the following:
19                (i) The name and billing telephone number of
20            the account holder including the name of the
21            wireless telephone service provider that serves
22            the account.
23                (ii) Each telephone number that will be
24            transferred.
25                (iii) A statement that the provider transfers
26            to the petitioner all financial responsibility for

 

 

HB5447 Enrolled- 1938 -LRB100 16294 AMC 31417 b

1            and right to the use of any telephone number
2            transferred under this paragraph.
3            (B) A wireless telephone service provider shall
4        terminate the respondent's use of, and shall transfer
5        to the petitioner use of, the telephone number or
6        numbers indicated in subparagraph (A) of this
7        paragraph unless it notifies the petitioner, within 72
8        hours after it receives the order, that one of the
9        following applies:
10                (i) The account holder named in the order has
11            terminated the account.
12                (ii) A difference in network technology would
13            prevent or impair the functionality of a device on
14            a network if the transfer occurs.
15                (iii) The transfer would cause a geographic or
16            other limitation on network or service provision
17            to the petitioner.
18                (iv) Another technological or operational
19            issue would prevent or impair the use of the
20            telephone number if the transfer occurs.
21            (C) The petitioner assumes all financial
22        responsibility for and right to the use of any
23        telephone number transferred under this paragraph. In
24        this paragraph, "financial responsibility" includes
25        monthly service costs and costs associated with any
26        mobile device associated with the number.

 

 

HB5447 Enrolled- 1939 -LRB100 16294 AMC 31417 b

1            (D) A wireless telephone service provider may
2        apply to the petitioner its routine and customary
3        requirements for establishing an account or
4        transferring a number, including requiring the
5        petitioner to provide proof of identification,
6        financial information, and customer preferences.
7            (E) Except for willful or wanton misconduct, a
8        wireless telephone service provider is immune from
9        civil liability for its actions taken in compliance
10        with a court order issued under this paragraph.
11            (F) All wireless service providers that provide
12        services to residential customers shall provide to the
13        Illinois Commerce Commission the name and address of an
14        agent for service of orders entered under this
15        paragraph (18). Any change in status of the registered
16        agent must be reported to the Illinois Commerce
17        Commission within 30 days of such change.
18            (G) The Illinois Commerce Commission shall
19        maintain the list of registered agents for service for
20        each wireless telephone service provider on the
21        Commission's website. The Commission may consult with
22        wireless telephone service providers and the Circuit
23        Court Clerks on the manner in which this information is
24        provided and displayed.
25    (c) Relevant factors; findings.
26        (1) In determining whether to grant a specific remedy,

 

 

HB5447 Enrolled- 1940 -LRB100 16294 AMC 31417 b

1    other than payment of support, the court shall consider
2    relevant factors, including, but not limited to, the
3    following:
4            (i) the nature, frequency, severity, pattern and
5        consequences of the respondent's past abuse of the
6        petitioner or any family or household member,
7        including the concealment of his or her location in
8        order to evade service of process or notice, and the
9        likelihood of danger of future abuse to petitioner or
10        any member of petitioner's or respondent's family or
11        household; and
12            (ii) the danger that any minor child will be abused
13        or neglected or improperly removed from the
14        jurisdiction, improperly concealed within the State or
15        improperly separated from the child's primary
16        caretaker.
17        (2) In comparing relative hardships resulting to the
18    parties from loss of possession of the family home, the
19    court shall consider relevant factors, including, but not
20    limited to, the following:
21            (i) availability, accessibility, cost, safety,
22        adequacy, location and other characteristics of
23        alternate housing for each party and any minor child or
24        dependent adult in the party's care;
25            (ii) the effect on the party's employment; and
26            (iii) the effect on the relationship of the party,

 

 

HB5447 Enrolled- 1941 -LRB100 16294 AMC 31417 b

1        and any minor child or dependent adult in the party's
2        care, to family, school, church and community.
3        (3) Subject to the exceptions set forth in paragraph
4    (4) of this subsection, the court shall make its findings
5    in an official record or in writing, and shall at a minimum
6    set forth the following:
7            (i) That the court has considered the applicable
8        relevant factors described in paragraphs (1) and (2) of
9        this subsection.
10            (ii) Whether the conduct or actions of respondent,
11        unless prohibited, will likely cause irreparable harm
12        or continued abuse.
13            (iii) Whether it is necessary to grant the
14        requested relief in order to protect petitioner or
15        other alleged abused persons.
16        (4) (Blank).
17        (5) Never married parties. No rights or
18    responsibilities for a minor child born outside of marriage
19    attach to a putative father until a father and child
20    relationship has been established under the Illinois
21    Parentage Act of 1984 or under the Illinois Parentage Act
22    of 2015 on and after the effective date of that Act. Absent
23    such an adjudication, no putative father shall be granted
24    temporary custody of the minor child, visitation with the
25    minor child, or physical care and possession of the minor
26    child, nor shall an order of payment for support of the

 

 

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1    minor child be entered.
2    (d) Balance of hardships; findings. If the court finds that
3the balance of hardships does not support the granting of a
4remedy governed by paragraph (2), (3), (10), (11), or (16) of
5subsection (b) of this Section, which may require such
6balancing, the court's findings shall so indicate and shall
7include a finding as to whether granting the remedy will result
8in hardship to respondent that would substantially outweigh the
9hardship to petitioner from denial of the remedy. The findings
10shall be an official record or in writing.
11    (e) Denial of remedies. Denial of any remedy shall not be
12based, in whole or in part, on evidence that:
13        (1) Respondent has cause for any use of force, unless
14    that cause satisfies the standards for justifiable use of
15    force provided by Article 7 of the Criminal Code of 2012;
16        (2) Respondent was voluntarily intoxicated;
17        (3) Petitioner acted in self-defense or defense of
18    another, provided that, if petitioner utilized force, such
19    force was justifiable under Article 7 of the Criminal Code
20    of 2012;
21        (4) Petitioner did not act in self-defense or defense
22    of another;
23        (5) Petitioner left the residence or household to avoid
24    further abuse by respondent;
25        (6) Petitioner did not leave the residence or household
26    to avoid further abuse by respondent;

 

 

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1        (7) Conduct by any family or household member excused
2    the abuse by respondent, unless that same conduct would
3    have excused such abuse if the parties had not been family
4    or household members.
5(Source: P.A. 99-85, eff. 1-1-16; 100-199, eff. 1-1-18;
6100-388, eff. 1-1-18; revised 10-10-17.)
 
7    Section 585. The Unified Code of Corrections is amended by
8changing Sections 3-2-2, 3-7-2, and 5-2-4 as follows:
 
9    (730 ILCS 5/3-2-2)  (from Ch. 38, par. 1003-2-2)
10    Sec. 3-2-2. Powers and duties Duties of the Department.
11    (1) In addition to the powers, duties, and responsibilities
12which are otherwise provided by law, the Department shall have
13the following powers:
14        (a) To accept persons committed to it by the courts of
15    this State for care, custody, treatment and
16    rehabilitation, and to accept federal prisoners and aliens
17    over whom the Office of the Federal Detention Trustee is
18    authorized to exercise the federal detention function for
19    limited purposes and periods of time.
20        (b) To develop and maintain reception and evaluation
21    units for purposes of analyzing the custody and
22    rehabilitation needs of persons committed to it and to
23    assign such persons to institutions and programs under its
24    control or transfer them to other appropriate agencies. In

 

 

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1    consultation with the Department of Alcoholism and
2    Substance Abuse (now the Department of Human Services), the
3    Department of Corrections shall develop a master plan for
4    the screening and evaluation of persons committed to its
5    custody who have alcohol or drug abuse problems, and for
6    making appropriate treatment available to such persons;
7    the Department shall report to the General Assembly on such
8    plan not later than April 1, 1987. The maintenance and
9    implementation of such plan shall be contingent upon the
10    availability of funds.
11        (b-1) To create and implement, on January 1, 2002, a
12    pilot program to establish the effectiveness of
13    pupillometer technology (the measurement of the pupil's
14    reaction to light) as an alternative to a urine test for
15    purposes of screening and evaluating persons committed to
16    its custody who have alcohol or drug problems. The pilot
17    program shall require the pupillometer technology to be
18    used in at least one Department of Corrections facility.
19    The Director may expand the pilot program to include an
20    additional facility or facilities as he or she deems
21    appropriate. A minimum of 4,000 tests shall be included in
22    the pilot program. The Department must report to the
23    General Assembly on the effectiveness of the program by
24    January 1, 2003.
25        (b-5) To develop, in consultation with the Department
26    of State Police, a program for tracking and evaluating each

 

 

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1    inmate from commitment through release for recording his or
2    her gang affiliations, activities, or ranks.
3        (c) To maintain and administer all State correctional
4    institutions and facilities under its control and to
5    establish new ones as needed. Pursuant to its power to
6    establish new institutions and facilities, the Department
7    may, with the written approval of the Governor, authorize
8    the Department of Central Management Services to enter into
9    an agreement of the type described in subsection (d) of
10    Section 405-300 of the Department of Central Management
11    Services Law (20 ILCS 405/405-300). The Department shall
12    designate those institutions which shall constitute the
13    State Penitentiary System.
14        Pursuant to its power to establish new institutions and
15    facilities, the Department may authorize the Department of
16    Central Management Services to accept bids from counties
17    and municipalities for the construction, remodeling or
18    conversion of a structure to be leased to the Department of
19    Corrections for the purposes of its serving as a
20    correctional institution or facility. Such construction,
21    remodeling or conversion may be financed with revenue bonds
22    issued pursuant to the Industrial Building Revenue Bond Act
23    by the municipality or county. The lease specified in a bid
24    shall be for a term of not less than the time needed to
25    retire any revenue bonds used to finance the project, but
26    not to exceed 40 years. The lease may grant to the State

 

 

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1    the option to purchase the structure outright.
2        Upon receipt of the bids, the Department may certify
3    one or more of the bids and shall submit any such bids to
4    the General Assembly for approval. Upon approval of a bid
5    by a constitutional majority of both houses of the General
6    Assembly, pursuant to joint resolution, the Department of
7    Central Management Services may enter into an agreement
8    with the county or municipality pursuant to such bid.
9        (c-5) To build and maintain regional juvenile
10    detention centers and to charge a per diem to the counties
11    as established by the Department to defray the costs of
12    housing each minor in a center. In this subsection (c-5),
13    "juvenile detention center" means a facility to house
14    minors during pendency of trial who have been transferred
15    from proceedings under the Juvenile Court Act of 1987 to
16    prosecutions under the criminal laws of this State in
17    accordance with Section 5-805 of the Juvenile Court Act of
18    1987, whether the transfer was by operation of law or
19    permissive under that Section. The Department shall
20    designate the counties to be served by each regional
21    juvenile detention center.
22        (d) To develop and maintain programs of control,
23    rehabilitation and employment of committed persons within
24    its institutions.
25        (d-5) To provide a pre-release job preparation program
26    for inmates at Illinois adult correctional centers.

 

 

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1        (d-10) To provide educational and visitation
2    opportunities to committed persons within its institutions
3    through temporary access to content-controlled tablets
4    that may be provided as a privilege to committed persons to
5    induce or reward compliance.
6        (e) To establish a system of supervision and guidance
7    of committed persons in the community.
8        (f) To establish in cooperation with the Department of
9    Transportation to supply a sufficient number of prisoners
10    for use by the Department of Transportation to clean up the
11    trash and garbage along State, county, township, or
12    municipal highways as designated by the Department of
13    Transportation. The Department of Corrections, at the
14    request of the Department of Transportation, shall furnish
15    such prisoners at least annually for a period to be agreed
16    upon between the Director of Corrections and the Secretary
17    Director of Transportation. The prisoners used on this
18    program shall be selected by the Director of Corrections on
19    whatever basis he deems proper in consideration of their
20    term, behavior and earned eligibility to participate in
21    such program - where they will be outside of the prison
22    facility but still in the custody of the Department of
23    Corrections. Prisoners convicted of first degree murder,
24    or a Class X felony, or armed violence, or aggravated
25    kidnapping, or criminal sexual assault, aggravated
26    criminal sexual abuse or a subsequent conviction for

 

 

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1    criminal sexual abuse, or forcible detention, or arson, or
2    a prisoner adjudged a Habitual Criminal shall not be
3    eligible for selection to participate in such program. The
4    prisoners shall remain as prisoners in the custody of the
5    Department of Corrections and such Department shall
6    furnish whatever security is necessary. The Department of
7    Transportation shall furnish trucks and equipment for the
8    highway cleanup program and personnel to supervise and
9    direct the program. Neither the Department of Corrections
10    nor the Department of Transportation shall replace any
11    regular employee with a prisoner.
12        (g) To maintain records of persons committed to it and
13    to establish programs of research, statistics and
14    planning.
15        (h) To investigate the grievances of any person
16    committed to the Department, to inquire into any alleged
17    misconduct by employees or committed persons, and to
18    investigate the assets of committed persons to implement
19    Section 3-7-6 of this Code; and for these purposes it may
20    issue subpoenas and compel the attendance of witnesses and
21    the production of writings and papers, and may examine
22    under oath any witnesses who may appear before it; to also
23    investigate alleged violations of a parolee's or
24    releasee's conditions of parole or release; and for this
25    purpose it may issue subpoenas and compel the attendance of
26    witnesses and the production of documents only if there is

 

 

HB5447 Enrolled- 1949 -LRB100 16294 AMC 31417 b

1    reason to believe that such procedures would provide
2    evidence that such violations have occurred.
3        If any person fails to obey a subpoena issued under
4    this subsection, the Director may apply to any circuit
5    court to secure compliance with the subpoena. The failure
6    to comply with the order of the court issued in response
7    thereto shall be punishable as contempt of court.
8        (i) To appoint and remove the chief administrative
9    officers, and administer programs of training and
10    development of personnel of the Department. Personnel
11    assigned by the Department to be responsible for the
12    custody and control of committed persons or to investigate
13    the alleged misconduct of committed persons or employees or
14    alleged violations of a parolee's or releasee's conditions
15    of parole shall be conservators of the peace for those
16    purposes, and shall have the full power of peace officers
17    outside of the facilities of the Department in the
18    protection, arrest, retaking and reconfining of committed
19    persons or where the exercise of such power is necessary to
20    the investigation of such misconduct or violations. This
21    subsection shall not apply to persons committed to the
22    Department of Juvenile Justice under the Juvenile Court Act
23    of 1987 on aftercare release.
24        (j) To cooperate with other departments and agencies
25    and with local communities for the development of standards
26    and programs for better correctional services in this

 

 

HB5447 Enrolled- 1950 -LRB100 16294 AMC 31417 b

1    State.
2        (k) To administer all moneys and properties of the
3    Department.
4        (l) To report annually to the Governor on the committed
5    persons, institutions and programs of the Department.
6        (l-5) (Blank).
7        (m) To make all rules and regulations and exercise all
8    powers and duties vested by law in the Department.
9        (n) To establish rules and regulations for
10    administering a system of sentence credits, established in
11    accordance with Section 3-6-3, subject to review by the
12    Prisoner Review Board.
13        (o) To administer the distribution of funds from the
14    State Treasury to reimburse counties where State penal
15    institutions are located for the payment of assistant
16    state's attorneys' salaries under Section 4-2001 of the
17    Counties Code.
18        (p) To exchange information with the Department of
19    Human Services and the Department of Healthcare and Family
20    Services for the purpose of verifying living arrangements
21    and for other purposes directly connected with the
22    administration of this Code and the Illinois Public Aid
23    Code.
24        (q) To establish a diversion program.
25        The program shall provide a structured environment for
26    selected technical parole or mandatory supervised release

 

 

HB5447 Enrolled- 1951 -LRB100 16294 AMC 31417 b

1    violators and committed persons who have violated the rules
2    governing their conduct while in work release. This program
3    shall not apply to those persons who have committed a new
4    offense while serving on parole or mandatory supervised
5    release or while committed to work release.
6        Elements of the program shall include, but shall not be
7    limited to, the following:
8            (1) The staff of a diversion facility shall provide
9        supervision in accordance with required objectives set
10        by the facility.
11            (2) Participants shall be required to maintain
12        employment.
13            (3) Each participant shall pay for room and board
14        at the facility on a sliding-scale basis according to
15        the participant's income.
16            (4) Each participant shall:
17                (A) provide restitution to victims in
18            accordance with any court order;
19                (B) provide financial support to his
20            dependents; and
21                (C) make appropriate payments toward any other
22            court-ordered obligations.
23            (5) Each participant shall complete community
24        service in addition to employment.
25            (6) Participants shall take part in such
26        counseling, educational and other programs as the

 

 

HB5447 Enrolled- 1952 -LRB100 16294 AMC 31417 b

1        Department may deem appropriate.
2            (7) Participants shall submit to drug and alcohol
3        screening.
4            (8) The Department shall promulgate rules
5        governing the administration of the program.
6        (r) To enter into intergovernmental cooperation
7    agreements under which persons in the custody of the
8    Department may participate in a county impact
9    incarceration program established under Section 3-6038 or
10    3-15003.5 of the Counties Code.
11        (r-5) (Blank).
12        (r-10) To systematically and routinely identify with
13    respect to each streetgang active within the correctional
14    system: (1) each active gang; (2) every existing inter-gang
15    affiliation or alliance; and (3) the current leaders in
16    each gang. The Department shall promptly segregate leaders
17    from inmates who belong to their gangs and allied gangs.
18    "Segregate" means no physical contact and, to the extent
19    possible under the conditions and space available at the
20    correctional facility, prohibition of visual and sound
21    communication. For the purposes of this paragraph (r-10),
22    "leaders" means persons who:
23            (i) are members of a criminal streetgang;
24            (ii) with respect to other individuals within the
25        streetgang, occupy a position of organizer,
26        supervisor, or other position of management or

 

 

HB5447 Enrolled- 1953 -LRB100 16294 AMC 31417 b

1        leadership; and
2            (iii) are actively and personally engaged in
3        directing, ordering, authorizing, or requesting
4        commission of criminal acts by others, which are
5        punishable as a felony, in furtherance of streetgang
6        related activity both within and outside of the
7        Department of Corrections.
8    "Streetgang", "gang", and "streetgang related" have the
9    meanings ascribed to them in Section 10 of the Illinois
10    Streetgang Terrorism Omnibus Prevention Act.
11        (s) To operate a super-maximum security institution,
12    in order to manage and supervise inmates who are disruptive
13    or dangerous and provide for the safety and security of the
14    staff and the other inmates.
15        (t) To monitor any unprivileged conversation or any
16    unprivileged communication, whether in person or by mail,
17    telephone, or other means, between an inmate who, before
18    commitment to the Department, was a member of an organized
19    gang and any other person without the need to show cause or
20    satisfy any other requirement of law before beginning the
21    monitoring, except as constitutionally required. The
22    monitoring may be by video, voice, or other method of
23    recording or by any other means. As used in this
24    subdivision (1)(t), "organized gang" has the meaning
25    ascribed to it in Section 10 of the Illinois Streetgang
26    Terrorism Omnibus Prevention Act.

 

 

HB5447 Enrolled- 1954 -LRB100 16294 AMC 31417 b

1        As used in this subdivision (1)(t), "unprivileged
2    conversation" or "unprivileged communication" means a
3    conversation or communication that is not protected by any
4    privilege recognized by law or by decision, rule, or order
5    of the Illinois Supreme Court.
6        (u) To establish a Women's and Children's Pre-release
7    Community Supervision Program for the purpose of providing
8    housing and services to eligible female inmates, as
9    determined by the Department, and their newborn and young
10    children.
11        (u-5) To issue an order, whenever a person committed to
12    the Department absconds or absents himself or herself,
13    without authority to do so, from any facility or program to
14    which he or she is assigned. The order shall be certified
15    by the Director, the Supervisor of the Apprehension Unit,
16    or any person duly designated by the Director, with the
17    seal of the Department affixed. The order shall be directed
18    to all sheriffs, coroners, and police officers, or to any
19    particular person named in the order. Any order issued
20    pursuant to this subdivision (1) (u-5) shall be sufficient
21    warrant for the officer or person named in the order to
22    arrest and deliver the committed person to the proper
23    correctional officials and shall be executed the same as
24    criminal process.
25        (v) To do all other acts necessary to carry out the
26    provisions of this Chapter.

 

 

HB5447 Enrolled- 1955 -LRB100 16294 AMC 31417 b

1    (2) The Department of Corrections shall by January 1, 1998,
2consider building and operating a correctional facility within
3100 miles of a county of over 2,000,000 inhabitants, especially
4a facility designed to house juvenile participants in the
5impact incarceration program.
6    (3) When the Department lets bids for contracts for medical
7services to be provided to persons committed to Department
8facilities by a health maintenance organization, medical
9service corporation, or other health care provider, the bid may
10only be let to a health care provider that has obtained an
11irrevocable letter of credit or performance bond issued by a
12company whose bonds have an investment grade or higher rating
13by a bond rating organization.
14    (4) When the Department lets bids for contracts for food or
15commissary services to be provided to Department facilities,
16the bid may only be let to a food or commissary services
17provider that has obtained an irrevocable letter of credit or
18performance bond issued by a company whose bonds have an
19investment grade or higher rating by a bond rating
20organization.
21    (5) On and after the date 6 months after August 16, 2013
22(the effective date of Public Act 98-488), as provided in the
23Executive Order 1 (2012) Implementation Act, all of the powers,
24duties, rights, and responsibilities related to State
25healthcare purchasing under this Code that were transferred
26from the Department of Corrections to the Department of

 

 

HB5447 Enrolled- 1956 -LRB100 16294 AMC 31417 b

1Healthcare and Family Services by Executive Order 3 (2005) are
2transferred back to the Department of Corrections; however,
3powers, duties, rights, and responsibilities related to State
4healthcare purchasing under this Code that were exercised by
5the Department of Corrections before the effective date of
6Executive Order 3 (2005) but that pertain to individuals
7resident in facilities operated by the Department of Juvenile
8Justice are transferred to the Department of Juvenile Justice.
9(Source: P.A. 100-198, eff. 1-1-18; revised 10-5-17.)
 
10    (730 ILCS 5/3-7-2)  (from Ch. 38, par. 1003-7-2)
11    Sec. 3-7-2. Facilities.
12    (a) All institutions and facilities of the Department shall
13provide every committed person with access to toilet
14facilities, barber facilities, bathing facilities at least
15once each week, a library of legal materials and published
16materials including newspapers and magazines approved by the
17Director. A committed person may not receive any materials that
18the Director deems pornographic.
19    (b) (Blank).
20    (c) All institutions and facilities of the Department shall
21provide facilities for every committed person to leave his cell
22for at least one hour each day unless the chief administrative
23officer determines that it would be harmful or dangerous to the
24security or safety of the institution or facility.
25    (d) All institutions and facilities of the Department shall

 

 

HB5447 Enrolled- 1957 -LRB100 16294 AMC 31417 b

1provide every committed person with a wholesome and nutritional
2diet at regularly scheduled hours, drinking water, clothing
3adequate for the season, bedding, soap and towels and medical
4and dental care.
5    (e) All institutions and facilities of the Department shall
6permit every committed person to send and receive an unlimited
7number of uncensored letters, provided, however, that the
8Director may order that mail be inspected and read for reasons
9of the security, safety or morale of the institution or
10facility.
11    (f) All of the institutions and facilities of the
12Department shall permit every committed person to receive
13in-person visitors and video contact, if available, except in
14case of abuse of the visiting privilege or when the chief
15administrative officer determines that such visiting would be
16harmful or dangerous to the security, safety or morale of the
17institution or facility. The chief administrative officer
18shall have the right to restrict visitation to non-contact
19visits, video, or other forms of non-contact visits for reasons
20of safety, security, and order, including, but not limited to,
21restricting contact visits for committed persons engaged in
22gang activity. No committed person in a super maximum security
23facility or on disciplinary segregation is allowed contact
24visits. Any committed person found in possession of illegal
25drugs or who fails a drug test shall not be permitted contact
26visits for a period of at least 6 months. Any committed person

 

 

HB5447 Enrolled- 1958 -LRB100 16294 AMC 31417 b

1involved in gang activities or found guilty of assault
2committed against a Department employee shall not be permitted
3contact visits for a period of at least 6 months. The
4Department shall offer every visitor appropriate written
5information concerning HIV and AIDS, including information
6concerning how to contact the Illinois Department of Public
7Health for counseling information. The Department shall
8develop the written materials in consultation with the
9Department of Public Health. The Department shall ensure that
10all such information and materials are culturally sensitive and
11reflect cultural diversity as appropriate. Implementation of
12the changes made to this Section by Public Act 94-629 this
13amendatory Act of the 94th General Assembly is subject to
14appropriation. The Department shall seek the lowest possible
15cost to provide video calling and shall charge to the extent of
16recovering any demonstrated costs of providing video calling.
17The Department shall not make a commission or profit from video
18calling services. Nothing in this Section shall be construed to
19permit video calling instead of in-person visitation.
20    (f-5) (Blank).
21    (f-10) The Department may not restrict or limit in-person
22visits to committed persons due to the availability of
23interactive video conferences.
24    (f-15)(1) The Department shall issue a standard written
25policy for each institution and facility of the Department that
26provides for:

 

 

HB5447 Enrolled- 1959 -LRB100 16294 AMC 31417 b

1        (A) the number of in-person visits each committed
2    person is entitled to per week and per month;
3        (B) the hours of in-person visits;
4        (C) the type of identification required for visitors at
5    least 18 years of age; and
6        (D) the type of identification, if any, required for
7    visitors under 18 years of age.
8    (2) This policy shall be posted on the Department website
9and at each facility.
10    (3) The Department shall post on its website daily any
11restrictions or denials of visitation for that day and the
12succeeding 5 calendar days, including those based on a lockdown
13of the facility, to inform family members and other visitors.
14    (g) All institutions and facilities of the Department shall
15permit religious ministrations and sacraments to be available
16to every committed person, but attendance at religious services
17shall not be required.
18    (h) Within 90 days after December 31, 1996, the Department
19shall prohibit the use of curtains, cell-coverings, or any
20other matter or object that obstructs or otherwise impairs the
21line of vision into a committed person's cell.
22(Source: P.A. 99-933, eff. 1-27-17; 100-30, eff. 1-1-18;
23100-142, eff. 1-1-18; revised 10-5-17.)
 
24    (730 ILCS 5/5-2-4)  (from Ch. 38, par. 1005-2-4)
25    Sec. 5-2-4. Proceedings after acquittal by reason of

 

 

HB5447 Enrolled- 1960 -LRB100 16294 AMC 31417 b

1insanity.
2    (a) After a finding or verdict of not guilty by reason of
3insanity under Sections 104-25, 115-3, or 115-4 of the Code of
4Criminal Procedure of 1963, the defendant shall be ordered to
5the Department of Human Services for an evaluation as to
6whether he is in need of mental health services. The order
7shall specify whether the evaluation shall be conducted on an
8inpatient or outpatient basis. If the evaluation is to be
9conducted on an inpatient basis, the defendant shall be placed
10in a secure setting. With the court order for evaluation shall
11be sent a copy of the arrest report, criminal charges, arrest
12record, jail record, any report prepared under Section 115-6 of
13the Code of Criminal Procedure of 1963, and any victim impact
14statement prepared under Section 6 of the Rights of Crime
15Victims and Witnesses Act. The clerk of the circuit court shall
16transmit this information to the Department within 5 days. If
17the court orders that the evaluation be done on an inpatient
18basis, the Department shall evaluate the defendant to determine
19to which secure facility the defendant shall be transported
20and, within 20 days of the transmittal by the clerk of the
21circuit court of the placement court order, notify the sheriff
22of the designated facility. Upon receipt of that notice, the
23sheriff shall promptly transport the defendant to the
24designated facility. During the period of time required to
25determine the appropriate placement, the defendant shall
26remain in jail. If, within 20 days of the transmittal by the

 

 

HB5447 Enrolled- 1961 -LRB100 16294 AMC 31417 b

1clerk of the circuit court of the placement court order, the
2Department fails to notify the sheriff of the identity of the
3facility to which the defendant shall be transported, the
4sheriff shall contact a designated person within the Department
5to inquire about when a placement will become available at the
6designated facility and bed availability at other facilities.
7If, within 20 days of the transmittal by the clerk of the
8circuit court of the placement court order, the Department
9fails to notify the sheriff of the identity of the facility to
10which the defendant shall be transported, the sheriff shall
11notify the Department of its intent to transfer the defendant
12to the nearest secure mental health facility operated by the
13Department and inquire as to the status of the placement
14evaluation and availability for admission to such facility
15operated by the Department by contacting a designated person
16within the Department. The Department shall respond to the
17sheriff within 2 business days of the notice and inquiry by the
18sheriff seeking the transfer and the Department shall provide
19the sheriff with the status of the placement evaluation,
20information on bed and placement availability, and an estimated
21date of admission for the defendant and any changes to that
22estimated date of admission. If the Department notifies the
23sheriff during the 2 business day period of a facility operated
24by the Department with placement availability, the sheriff
25shall promptly transport the defendant to that facility.
26Individualized placement evaluations by the Department of

 

 

HB5447 Enrolled- 1962 -LRB100 16294 AMC 31417 b

1Human Services determine the most appropriate setting for
2forensic treatment based upon a number of factors including
3mental health diagnosis, proximity to surviving victims,
4security need, age, gender, and proximity to family.
5    The Department shall provide the Court with a report of its
6evaluation within 30 days of the date of this order. The Court
7shall hold a hearing as provided under the Mental Health and
8Developmental Disabilities Code to determine if the individual
9is: (a) in need of mental health services on an inpatient
10basis; (b) in need of mental health services on an outpatient
11basis; (c) a person not in need of mental health services. The
12Court shall enter its findings.
13    If the defendant is found to be in need of mental health
14services on an inpatient care basis, the Court shall order the
15defendant to the Department of Human Services. The defendant
16shall be placed in a secure setting. Such defendants placed in
17a secure setting shall not be permitted outside the facility's
18housing unit unless escorted or accompanied by personnel of the
19Department of Human Services or with the prior approval of the
20Court for unsupervised on-grounds privileges as provided
21herein. Any defendant placed in a secure setting pursuant to
22this Section, transported to court hearings or other necessary
23appointments off facility grounds by personnel of the
24Department of Human Services, shall be placed in security
25devices or otherwise secured during the period of
26transportation to assure secure transport of the defendant and

 

 

HB5447 Enrolled- 1963 -LRB100 16294 AMC 31417 b

1the safety of Department of Human Services personnel and
2others. These security measures shall not constitute restraint
3as defined in the Mental Health and Developmental Disabilities
4Code. If the defendant is found to be in need of mental health
5services, but not on an inpatient care basis, the Court shall
6conditionally release the defendant, under such conditions as
7set forth in this Section as will reasonably assure the
8defendant's satisfactory progress and participation in
9treatment or rehabilitation and the safety of the defendant and
10others. If the Court finds the person not in need of mental
11health services, then the Court shall order the defendant
12discharged from custody.
13    (a-1) Definitions. For the purposes of this Section:
14        (A) (Blank).
15        (B) "In need of mental health services on an inpatient
16    basis" means: a defendant who has been found not guilty by
17    reason of insanity but who, due to mental illness, is
18    reasonably expected to inflict serious physical harm upon
19    himself or another and who would benefit from inpatient
20    care or is in need of inpatient care.
21        (C) "In need of mental health services on an outpatient
22    basis" means: a defendant who has been found not guilty by
23    reason of insanity who is not in need of mental health
24    services on an inpatient basis, but is in need of
25    outpatient care, drug and/or alcohol rehabilitation
26    programs, community adjustment programs, individual,

 

 

HB5447 Enrolled- 1964 -LRB100 16294 AMC 31417 b

1    group, or family therapy, or chemotherapy.
2        (D) "Conditional Release" means: the release from
3    either the custody of the Department of Human Services or
4    the custody of the Court of a person who has been found not
5    guilty by reason of insanity under such conditions as the
6    Court may impose which reasonably assure the defendant's
7    satisfactory progress in treatment or habilitation and the
8    safety of the defendant and others. The Court shall
9    consider such terms and conditions which may include, but
10    need not be limited to, outpatient care, alcoholic and drug
11    rehabilitation programs, community adjustment programs,
12    individual, group, family, and chemotherapy, random
13    testing to ensure the defendant's timely and continuous
14    taking of any medicines prescribed to control or manage his
15    or her conduct or mental state, and periodic checks with
16    the legal authorities and/or the Department of Human
17    Services. The Court may order as a condition of conditional
18    release that the defendant not contact the victim of the
19    offense that resulted in the finding or verdict of not
20    guilty by reason of insanity or any other person. The Court
21    may order the Department of Human Services to provide care
22    to any person conditionally released under this Section.
23    The Department may contract with any public or private
24    agency in order to discharge any responsibilities imposed
25    under this Section. The Department shall monitor the
26    provision of services to persons conditionally released

 

 

HB5447 Enrolled- 1965 -LRB100 16294 AMC 31417 b

1    under this Section and provide periodic reports to the
2    Court concerning the services and the condition of the
3    defendant. Whenever a person is conditionally released
4    pursuant to this Section, the State's Attorney for the
5    county in which the hearing is held shall designate in
6    writing the name, telephone number, and address of a person
7    employed by him or her who shall be notified in the event
8    that either the reporting agency or the Department decides
9    that the conditional release of the defendant should be
10    revoked or modified pursuant to subsection (i) of this
11    Section. Such conditional release shall be for a period of
12    five years. However, the defendant, the person or facility
13    rendering the treatment, therapy, program or outpatient
14    care, the Department, or the State's Attorney may petition
15    the Court for an extension of the conditional release
16    period for an additional 5 years. Upon receipt of such a
17    petition, the Court shall hold a hearing consistent with
18    the provisions of paragraph (a), this paragraph (a-1), and
19    paragraph (f) of this Section, shall determine whether the
20    defendant should continue to be subject to the terms of
21    conditional release, and shall enter an order either
22    extending the defendant's period of conditional release
23    for an additional 5-year 5 year period or discharging the
24    defendant. Additional 5-year periods of conditional
25    release may be ordered following a hearing as provided in
26    this Section. However, in no event shall the defendant's

 

 

HB5447 Enrolled- 1966 -LRB100 16294 AMC 31417 b

1    period of conditional release continue beyond the maximum
2    period of commitment ordered by the Court pursuant to
3    paragraph (b) of this Section. These provisions for
4    extension of conditional release shall only apply to
5    defendants conditionally released on or after August 8,
6    2003. However, the extension provisions of Public Act
7    83-1449 apply only to defendants charged with a forcible
8    felony.
9        (E) "Facility director" means the chief officer of a
10    mental health or developmental disabilities facility or
11    his or her designee or the supervisor of a program of
12    treatment or habilitation or his or her designee.
13    "Designee" may include a physician, clinical psychologist,
14    social worker, nurse, or clinical professional counselor.
15    (b) If the Court finds the defendant in need of mental
16health services on an inpatient basis, the admission,
17detention, care, treatment or habilitation, treatment plans,
18review proceedings, including review of treatment and
19treatment plans, and discharge of the defendant after such
20order shall be under the Mental Health and Developmental
21Disabilities Code, except that the initial order for admission
22of a defendant acquitted of a felony by reason of insanity
23shall be for an indefinite period of time. Such period of
24commitment shall not exceed the maximum length of time that the
25defendant would have been required to serve, less credit for
26good behavior as provided in Section 5-4-1 of the Unified Code

 

 

HB5447 Enrolled- 1967 -LRB100 16294 AMC 31417 b

1of Corrections, before becoming eligible for release had he
2been convicted of and received the maximum sentence for the
3most serious crime for which he has been acquitted by reason of
4insanity. The Court shall determine the maximum period of
5commitment by an appropriate order. During this period of time,
6the defendant shall not be permitted to be in the community in
7any manner, including, but not limited to, off-grounds
8privileges, with or without escort by personnel of the
9Department of Human Services, unsupervised on-grounds
10privileges, discharge or conditional or temporary release,
11except by a plan as provided in this Section. In no event shall
12a defendant's continued unauthorized absence be a basis for
13discharge. Not more than 30 days after admission and every 90
14days thereafter so long as the initial order remains in effect,
15the facility director shall file a treatment plan report in
16writing with the court and forward a copy of the treatment plan
17report to the clerk of the court, the State's Attorney, and the
18defendant's attorney, if the defendant is represented by
19counsel, or to a person authorized by the defendant under the
20Mental Health and Developmental Disabilities Confidentiality
21Act to be sent a copy of the report. The report shall include
22an opinion as to whether the defendant is currently in need of
23mental health services on an inpatient basis or in need of
24mental health services on an outpatient basis. The report shall
25also summarize the basis for those findings and provide a
26current summary of the following items from the treatment plan:

 

 

HB5447 Enrolled- 1968 -LRB100 16294 AMC 31417 b

1(1) an assessment of the defendant's treatment needs, (2) a
2description of the services recommended for treatment, (3) the
3goals of each type of element of service, (4) an anticipated
4timetable for the accomplishment of the goals, and (5) a
5designation of the qualified professional responsible for the
6implementation of the plan. The report may also include
7unsupervised on-grounds privileges, off-grounds privileges
8(with or without escort by personnel of the Department of Human
9Services), home visits and participation in work programs, but
10only where such privileges have been approved by specific court
11order, which order may include such conditions on the defendant
12as the Court may deem appropriate and necessary to reasonably
13assure the defendant's satisfactory progress in treatment and
14the safety of the defendant and others.
15    (c) Every defendant acquitted of a felony by reason of
16insanity and subsequently found to be in need of mental health
17services shall be represented by counsel in all proceedings
18under this Section and under the Mental Health and
19Developmental Disabilities Code.
20        (1) The Court shall appoint as counsel the public
21    defender or an attorney licensed by this State.
22        (2) Upon filing with the Court of a verified statement
23    of legal services rendered by the private attorney
24    appointed pursuant to paragraph (1) of this subsection, the
25    Court shall determine a reasonable fee for such services.
26    If the defendant is unable to pay the fee, the Court shall

 

 

HB5447 Enrolled- 1969 -LRB100 16294 AMC 31417 b

1    enter an order upon the State to pay the entire fee or such
2    amount as the defendant is unable to pay from funds
3    appropriated by the General Assembly for that purpose.
4    (d) When the facility director determines that:
5        (1) the defendant is no longer in need of mental health
6    services on an inpatient basis; and
7        (2) the defendant may be conditionally released
8    because he or she is still in need of mental health
9    services or that the defendant may be discharged as not in
10    need of any mental health services; or
11        (3) (blank);
12the facility director shall give written notice to the Court,
13State's Attorney and defense attorney. Such notice shall set
14forth in detail the basis for the recommendation of the
15facility director, and specify clearly the recommendations, if
16any, of the facility director, concerning conditional release.
17Any recommendation for conditional release shall include an
18evaluation of the defendant's need for psychotropic
19medication, what provisions should be made, if any, to ensure
20that the defendant will continue to receive psychotropic
21medication following discharge, and what provisions should be
22made to assure the safety of the defendant and others in the
23event the defendant is no longer receiving psychotropic
24medication. Within 30 days of the notification by the facility
25director, the Court shall set a hearing and make a finding as
26to whether the defendant is:

 

 

HB5447 Enrolled- 1970 -LRB100 16294 AMC 31417 b

1        (i) (blank); or
2        (ii) in need of mental health services in the form of
3    inpatient care; or
4        (iii) in need of mental health services but not subject
5    to inpatient care; or
6        (iv) no longer in need of mental health services; or
7        (v) (blank).
8    Upon finding by the Court, the Court shall enter its
9findings and such appropriate order as provided in subsections
10(a) and (a-1) of this Section.
11    (e) A defendant admitted pursuant to this Section, or any
12person on his behalf, may file a petition for treatment plan
13review or discharge or conditional release under the standards
14of this Section in the Court which rendered the verdict. Upon
15receipt of a petition for treatment plan review or discharge or
16conditional release, the Court shall set a hearing to be held
17within 120 days. Thereafter, no new petition may be filed for
18180 days without leave of the Court.
19    (f) The Court shall direct that notice of the time and
20place of the hearing be served upon the defendant, the facility
21director, the State's Attorney, and the defendant's attorney.
22If requested by either the State or the defense or if the Court
23feels it is appropriate, an impartial examination of the
24defendant by a psychiatrist or clinical psychologist as defined
25in Section 1-103 of the Mental Health and Developmental
26Disabilities Code who is not in the employ of the Department of

 

 

HB5447 Enrolled- 1971 -LRB100 16294 AMC 31417 b

1Human Services shall be ordered, and the report considered at
2the time of the hearing.
3    (g) The findings of the Court shall be established by clear
4and convincing evidence. The burden of proof and the burden of
5going forth with the evidence rest with the defendant or any
6person on the defendant's behalf when a hearing is held to
7review a petition filed by or on behalf of the defendant. The
8evidence shall be presented in open Court with the right of
9confrontation and cross-examination. Such evidence may
10include, but is not limited to:
11        (1) whether the defendant appreciates the harm caused
12    by the defendant to others and the community by his or her
13    prior conduct that resulted in the finding of not guilty by
14    reason of insanity;
15        (2) Whether the person appreciates the criminality of
16    conduct similar to the conduct for which he or she was
17    originally charged in this matter;
18        (3) the current state of the defendant's illness;
19        (4) what, if any, medications the defendant is taking
20    to control his or her mental illness;
21        (5) what, if any, adverse physical side effects the
22    medication has on the defendant;
23        (6) the length of time it would take for the
24    defendant's mental health to deteriorate if the defendant
25    stopped taking prescribed medication;
26        (7) the defendant's history or potential for alcohol

 

 

HB5447 Enrolled- 1972 -LRB100 16294 AMC 31417 b

1    and drug abuse;
2        (8) the defendant's past criminal history;
3        (9) any specialized physical or medical needs of the
4    defendant;
5        (10) any family participation or involvement expected
6    upon release and what is the willingness and ability of the
7    family to participate or be involved;
8        (11) the defendant's potential to be a danger to
9    himself, herself, or others; and
10        (12) any other factor or factors the Court deems
11    appropriate.
12    (h) Before the court orders that the defendant be
13discharged or conditionally released, it shall order the
14facility director to establish a discharge plan that includes a
15plan for the defendant's shelter, support, and medication. If
16appropriate, the court shall order that the facility director
17establish a program to train the defendant in self-medication
18under standards established by the Department of Human
19Services. If the Court finds, consistent with the provisions of
20this Section, that the defendant is no longer in need of mental
21health services it shall order the facility director to
22discharge the defendant. If the Court finds, consistent with
23the provisions of this Section, that the defendant is in need
24of mental health services, and no longer in need of inpatient
25care, it shall order the facility director to release the
26defendant under such conditions as the Court deems appropriate

 

 

HB5447 Enrolled- 1973 -LRB100 16294 AMC 31417 b

1and as provided by this Section. Such conditional release shall
2be imposed for a period of 5 years as provided in paragraph (D)
3of subsection (a-1) and shall be subject to later modification
4by the Court as provided by this Section. If the Court finds
5consistent with the provisions in this Section that the
6defendant is in need of mental health services on an inpatient
7basis, it shall order the facility director not to discharge or
8release the defendant in accordance with paragraph (b) of this
9Section.
10    (i) If within the period of the defendant's conditional
11release the State's Attorney determines that the defendant has
12not fulfilled the conditions of his or her release, the State's
13Attorney may petition the Court to revoke or modify the
14conditional release of the defendant. Upon the filing of such
15petition the defendant may be remanded to the custody of the
16Department, or to any other mental health facility designated
17by the Department, pending the resolution of the petition.
18Nothing in this Section shall prevent the emergency admission
19of a defendant pursuant to Article VI of Chapter III of the
20Mental Health and Developmental Disabilities Code or the
21voluntary admission of the defendant pursuant to Article IV of
22Chapter III of the Mental Health and Developmental Disabilities
23Code. If the Court determines, after hearing evidence, that the
24defendant has not fulfilled the conditions of release, the
25Court shall order a hearing to be held consistent with the
26provisions of paragraph (f) and (g) of this Section. At such

 

 

HB5447 Enrolled- 1974 -LRB100 16294 AMC 31417 b

1hearing, if the Court finds that the defendant is in need of
2mental health services on an inpatient basis, it shall enter an
3order remanding him or her to the Department of Human Services
4or other facility. If the defendant is remanded to the
5Department of Human Services, he or she shall be placed in a
6secure setting unless the Court determines that there are
7compelling reasons that such placement is not necessary. If the
8Court finds that the defendant continues to be in need of
9mental health services but not on an inpatient basis, it may
10modify the conditions of the original release in order to
11reasonably assure the defendant's satisfactory progress in
12treatment and his or her safety and the safety of others in
13accordance with the standards established in paragraph (D) of
14subsection (a-1). Nothing in this Section shall limit a Court's
15contempt powers or any other powers of a Court.
16    (j) An order of admission under this Section does not
17affect the remedy of habeas corpus.
18    (k) In the event of a conflict between this Section and the
19Mental Health and Developmental Disabilities Code or the Mental
20Health and Developmental Disabilities Confidentiality Act, the
21provisions of this Section shall govern.
22    (l) Public Act 90-593 This amendatory Act shall apply to
23all persons who have been found not guilty by reason of
24insanity and who are presently committed to the Department of
25Mental Health and Developmental Disabilities (now the
26Department of Human Services).

 

 

HB5447 Enrolled- 1975 -LRB100 16294 AMC 31417 b

1    (m) The Clerk of the Court shall transmit a certified copy
2of the order of discharge or conditional release to the
3Department of Human Services, to the sheriff of the county from
4which the defendant was admitted, to the Illinois Department of
5State Police, to the proper law enforcement agency for the
6municipality where the offense took place, and to the sheriff
7of the county into which the defendant is conditionally
8discharged. The Illinois Department of State Police shall
9maintain a centralized record of discharged or conditionally
10released defendants while they are under court supervision for
11access and use of appropriate law enforcement agencies.
12(Source: P.A. 100-27, eff. 1-1-18; 100-424, eff. 1-1-18;
13revised 10-10-17.)
 
14    Section 590. The Code of Civil Procedure is amended by
15changing Section 3-107 as follows:
 
16    (735 ILCS 5/3-107)  (from Ch. 110, par. 3-107)
17    Sec. 3-107. Defendants.
18    (a) Except as provided in subsection (b) or (c), in any
19action to review any final decision of an administrative
20agency, the administrative agency and all persons, other than
21the plaintiff, who were parties of record to the proceedings
22before the administrative agency shall be made defendants. The
23method of service of the decision shall be as provided in the
24Act governing the procedure before the administrative agency,

 

 

HB5447 Enrolled- 1976 -LRB100 16294 AMC 31417 b

1but if no method is provided, a decision shall be deemed to
2have been served either when a copy of the decision is
3personally delivered or when a copy of the decision is
4deposited in the United States mail, in a sealed envelope or
5package, with postage prepaid, addressed to the party affected
6by the decision at his or her last known residence or place of
7business. The form of the summons and the issuance of alias
8summons shall be according to rules of the Supreme Court.
9    No action for administrative review shall be dismissed for
10lack of jurisdiction: (1) based upon misnomer of an agency,
11board, commission, or party that is properly served with
12summons that was issued in the action within the applicable
13time limits; or (2) for a failure to name an employee, agent,
14or member, who acted in his or her official capacity, of an
15administrative agency, board, committee, or government entity
16where a timely action for administrative review has been filed
17that identifies the final administrative decision under review
18and that makes a good faith effort to properly name the
19administrative agency, board, committee, or government entity.
20Naming the director or agency head, in his or her official
21capacity, shall be deemed to include as defendant the
22administrative agency, board, committee, or government entity
23that the named defendants direct or head. No action for
24administrative review shall be dismissed for lack of
25jurisdiction based upon the failure to name an administrative
26agency, board, committee, or government entity, where the

 

 

HB5447 Enrolled- 1977 -LRB100 16294 AMC 31417 b

1director or agency head, in his or her official capacity, has
2been named as a defendant as provided in this Section.
3    If, during the course of a review action, the court
4determines that an agency or a party of record to the
5administrative proceedings was not made a defendant as required
6by the preceding paragraph, then the court shall grant the
7plaintiff 35 days from the date of the determination in which
8to name and serve the unnamed agency or party as a defendant.
9The court shall permit the newly served defendant to
10participate in the proceedings to the extent the interests of
11justice may require.
12    (b) With respect to actions to review decisions of a zoning
13board of appeals under Division 13 of Article 11 of the
14Illinois Municipal Code, "parties of record" means only the
15zoning board of appeals and applicants before the zoning board
16of appeals. The plaintiff shall send a notice of filing of the
17action by certified mail to each other person who appeared
18before and submitted oral testimony or written statements to
19the zoning board of appeals with respect to the decision
20appealed from. The notice shall be mailed within 2 days of the
21filing of the action. The notice shall state the caption of the
22action, the court in which the action is filed, and the names
23of the plaintiff in the action and the applicant to the zoning
24board of appeals. The notice shall inform the person of his or
25her right to intervene. Each person who appeared before and
26submitted oral testimony or written statements to the zoning

 

 

HB5447 Enrolled- 1978 -LRB100 16294 AMC 31417 b

1board of appeals with respect to the decision appealed from
2shall have a right to intervene as a defendant in the action
3upon application made to the court within 30 days of the
4mailing of the notice.
5    (c) With respect to actions to review decisions of a
6hearing officer or a county zoning board of appeals under
7Division 5-12 of Article 5 of the Counties Code, "parties of
8record" means only the hearing officer or the zoning board of
9appeals and applicants before the hearing officer or the zoning
10board of appeals. The plaintiff shall send a notice of filing
11of the action by certified mail to each other person who
12appeared before and submitted oral testimony or written
13statements to the hearing officer or the zoning board of
14appeals with respect to the decision appealed from. The notice
15shall be mailed within 2 days of the filing of the action. The
16notice shall state the caption of the action, the court in
17which the action is filed, and the name of the plaintiff in the
18action and the applicant to the hearing officer or the zoning
19board of appeals. The notice shall inform the person of his or
20her right to intervene. Each person who appeared before and
21submitted oral testimony or written statements to the hearing
22officer or the zoning board of appeals with respect to the
23decision appealed from shall have a right to intervene as a
24defendant in the action upon application made to the court
25within 30 days of the mailing of the notice. This subsection
26(c) applies to zoning proceedings commenced on or after July 1,

 

 

HB5447 Enrolled- 1979 -LRB100 16294 AMC 31417 b

12007 (the effective date of Public Act 95-321).
2    (d) The changes to this Section made by Public Act 95-831
3apply to all actions filed on or after August 21, 2007 (the
4effective date of Public Act 95-831). The changes made by
5Public Act 100-212 this amendatory Act of the 100th General
6Assembly apply to all actions filed on or after August 18, 2017
7(the effective date of Public Act 100-212) this amendatory Act
8of the 100th General Assembly.
9(Source: P.A. 100-83, eff. 1-1-18; 100-212, eff. 8-18-17;
10revised 10-6-17.)
 
11    Section 595. The Eminent Domain Act is amended by setting
12forth, renumbering, and changing multiple versions of Section
1325-5-70 as follows:
 
14    (735 ILCS 30/25-5-70)
15    (Section scheduled to be repealed on August 4, 2019)
16    Sec. 25-5-70. Quick-take; Macon County; Brush College
17Road.
18    (a) Quick-take proceedings under Article 20 may be used for
19a period of no more than one year after August 4, 2017 (the
20effective date of Public Act 100-39) this amendatory Act of the
21100th General Assembly by Macon County and the City of Decatur
22for the acquisition of the following described property for the
23purpose of construction on Brush College Road:
 

 

 

HB5447 Enrolled- 1980 -LRB100 16294 AMC 31417 b

1Parcel 001
2Macon County
3Route: Brush College Road
4Owner: The JDW Trust
5Section: 14-00268-02-EG
6Job Number: 6447
7Sta. 30+71 RT. to Sta. 52+97 RT. (North Brush College Road)
8Permanent Index Number: 18-08-30-400-014
 
9Part of the North Half of the Southeast Quarter of Section 30,
10Township 17 North, Range 3 East of the Third Principal
11Meridian, Macon County, Illinois, more particularly described
12as follows:
 
13Commencing at the Northeast corner of the Southeast Quarter of
14Section 30, Township 17 North, Range 3 East of the Third
15Principal Meridian; thence West along the North line of said
16Southeast Quarter, a bearing based on the Illinois Coordinate
17System East Zone NAD83 (2011) Adjustment South 89 degrees 01
18minutes 31 seconds West, a distance of 1168.47 feet to the
19Point of Beginning for the following described parcel:
 
20Thence South 19 degrees 55 minutes 15 seconds West, a distance
21of 164.68 feet; thence South 22 degrees 09 minutes 15 seconds
22East, a distance of 9.83 feet; thence South 67 degrees 09
23minutes 15 seconds East, a distance of 425.00 feet; thence

 

 

HB5447 Enrolled- 1981 -LRB100 16294 AMC 31417 b

1South 66 degrees 16 minutes 22 seconds East, a distance of
2283.28 feet to a point of curvature; thence Southeasterly along
3a circular curve to the right, radius point being South, a
4radius of 1067.71 feet, the chord across the last described
5circular curve course bears South 55 degrees 49 minutes 53
6seconds East, a distance of 389.47 feet; thence North 79
7degrees 23 minutes 00 seconds East, a distance of 40.06 feet to
8a point of curvature; thence Northeasterly along a circular
9curve to the left, radius point being West, a radius of 625.00
10feet, the chord across the last described circular curve course
11bears North 30 degrees 51 minutes 43 seconds East, a distance
12of 284.02 feet to a point on the West Right of Way line of Brush
13College Road; thence South 00 degrees 20 minutes 50 seconds
14East along the said West Right of Way line, a distance of
15871.15 feet; thence Northwesterly along a circular curve to the
16left, radius point being South, a radius of 931.75 feet, the
17chord across the last described circular curve course bears
18North 39 degrees 00 minutes 19 seconds West, a distance of
19905.05 feet; thence North 68 degrees 04 minutes 22 seconds
20West, a distance of 233.28 feet; thence North 67 degrees 09
21minutes 15 seconds West, a distance of 850.00 feet; thence
22North 77 degrees 09 minutes 14 seconds West, a distance of
23130.95 feet to a point on the Easterly Right of Way Line of
24Illinois Route 48; thence North 37 degrees 48 minutes 50
25seconds East along the said Easterly Right of Way Line, a
26distance of 156.61 feet to the Southwest corner of Lot 2 as

 

 

HB5447 Enrolled- 1982 -LRB100 16294 AMC 31417 b

1designated upon the Final Plat of WMCD Subdivision, being a
2subdivision in the SE. 1/4 and SW. 1/4 of the NE. 1/4 of
3Section 30, Township 17 North, Range 3 East of the Third
4Principal Meridian, Macon County, Illinois and recorded in Book
51832, Page 338 of the Records in the Recorder's Office of Macon
6County, Illinois; thence North 89 degrees 01 minutes 31 seconds
7East along the North line of said Southeast Quarter as
8aforesaid to the Point of Beginning, containing 8.310 acres,
9more or less.
10    (b) This Section is repealed August 4, 2019 (2 years after
11the effective date of Public Act 100-39) this amendatory Act of
12the 100th General Assembly.
13(Source: P.A. 100-39, eff. 8-4-17; revised 11-6-17.)
 
14    (735 ILCS 30/25-5-72)
15    Sec. 25-5-72 25-5-70. Quick-take; McHenry County; Randall
16Road. Quick-take proceedings under Article 20 may be used for a
17period of no more than one year after August 25, 2017 (the
18effective date of Public Act 100-446) this amendatory Act of
19the 100th General Assembly by McHenry County for the
20acquisition of the following described property for the purpose
21of construction on Randall Road:
 
22    RANDALL ROAD, McHENRY COUNTY, ILLINOIS
23    LEGAL DESCRIPTIONS
 

 

 

HB5447 Enrolled- 1983 -LRB100 16294 AMC 31417 b

1    ***
 
2    That part of Lot 3, except the West 10.0 feet thereof
3conveyed to McHenry County, Illinois, by quit claim deed
4recorded July 30, 2008 as document number 2008R0041806, in
5Rosen Rosen Rosen Subdivision, being a subdivision of part of
6the Northwest Quarter of Section 32, Township 43 North, Range 8
7East of the Third Principal Meridian, according to the plat
8thereof recorded July 26, 2001 as document number 2001R0052702,
9in McHenry County, Illinois, bearings and distances are based
10on the Illinois Coordinate System, NAD 83(2011) East Zone, with
11a combination factor of 0.9999373735, described as follows:
 
12    Commencing at the southwest corner of said Lot 3; thence on
13an Illinois Coordinate System NAD 83(2011) East Zone bearing of
14South 87 degrees 20 minutes 06 seconds East along the south
15line of said Lot 3, a distance of 10.00 feet to the east right
16of way line of Randall Road recorded July 30, 2008 as document
17number 2008R0041806 and the point of beginning; thence North 2
18degrees 40 minutes 02 seconds East along the said east right of
19way line of Randall Road, a distance of 227.85 feet to the
20northerly line of said Lot 3; thence North 81 degrees 39
21minutes 50 seconds East along the northerly line of said Lot 3,
22a distance of 3.52 feet; thence South 2 degrees 47 minutes 42
23seconds West, a distance of 228.52 feet to the south line of
24said Lot 3; thence North 87 degrees 20 minutes 06 seconds West

 

 

HB5447 Enrolled- 1984 -LRB100 16294 AMC 31417 b

1along the south line of said Lot 3, a distance of 2.94 feet to
2the point of beginning.
 
3    Said parcel containing 0.017 acre, more or less.
 
4    ***
 
5    That part of Lot 3, except the West 10.0 feet thereof
6conveyed to McHenry County, Illinois, by quit claim deed
7recorded July 30, 2008 as document number 2008R0041806, in
8Rosen Rosen Rosen Subdivision, being a subdivision of part of
9the Northwest Quarter of Section 32, Township 43 North, Range 8
10East of the Third Principal Meridian, according to the plat
11thereof recorded July 26, 2001 as document number 2001R0052702,
12in McHenry County, Illinois, bearings and distances are based
13on the Illinois Coordinate System, NAD 83(2011) East Zone, with
14a combination factor of 0.9999373735, described as follows:
 
15    Commencing at the southwest corner of said Lot 3; thence on
16an Illinois Coordinate System NAD 83(2011) East Zone bearing of
17South 87 degrees 20 minutes 06 seconds East along the south
18line of said Lot 3, a distance of 10.00 feet to the east right
19of way line of Randall Road recorded July 30, 2008 as document
20number 2008R0041806; thence North 2 degrees 40 minutes 02
21seconds East along the said east right of way line of Randall
22Road, a distance of 227.85 feet to the northerly line of said

 

 

HB5447 Enrolled- 1985 -LRB100 16294 AMC 31417 b

1Lot 3; thence North 81 degrees 39 minutes 50 seconds East along
2the northerly line of said Lot 3, a distance of 3.52 feet to
3the point of beginning; thence South 2 degrees 47 minutes 42
4seconds West, a distance of 228.52 feet to the south line of
5said Lot 3; thence South 87 degrees 20 minutes 06 seconds East
6along the south line of said Lot 3, a distance of 8.00 feet;
7thence North 2 degrees 47 minutes 42 seconds East, a distance
8of 230.08 feet to the northerly line of said Lot 3; thence
9South 81 degrees 39 minutes 50 seconds West along the northerly
10line of said Lot 3, a distance of 8.15 feet to the point of
11beginning.
 
12    Said temporary easement containing 0.043 acre, more or
13less.
 
14    Said temporary easement to be used for grading purposes.
 
15    ***
 
16    That part of Lot 3 in Rubloff Oakridge Resubdivision, being
17a resubdivision of Lots 4, 5 and "A" in Olsen's Second
18Resubdivision in the Northeast Quarter of Section 31, Township
1943 North, Range 8 East of the Third Principal Meridian,
20according to the plat of said Rubloff Oakridge Resubdivision
21recorded November 1, 2002 as document number 2002R0100964, in
22McHenry County, Illinois, bearings and distances are based on

 

 

HB5447 Enrolled- 1986 -LRB100 16294 AMC 31417 b

1the Illinois Coordinate System, NAD 83(2011) East Zone, with a
2combination factor of 0.9999373735, described as follows:
 
3    Beginning at the northeast corner of said Lot 3; thence on
4an Illinois Coordinate System NAD 83(2011) East Zone bearing of
5South 2 degrees 40 minutes 02 seconds West along the east line
6of said Lot 3, a distance of 22.73 feet to an angle point on
7said east line of Lot 3; thence South 5 degrees 31 minutes 46
8seconds West along the east line of said Lot 3, a distance of
9100.12 feet to an angle point on said east line of Lot 3;
10thence South 2 degrees 40 minutes 02 seconds West along the
11east line of said Lot 3, a distance of 288.24 feet to the
12southeast corner of Lot 3; thence North 89 degrees 27 minutes
1318 seconds West along the south line of said Lot 3, a distance
14of 5.81 feet; thence North 2 degrees 47 minutes 42 seconds
15East, a distance of 170.94 feet; thence North 87 degrees 12
16minutes 18 seconds West, a distance of 22.00 feet; thence North
172 degrees 47 minutes 42 seconds East, a distance of 40.00 feet;
18thence South 87 degrees 12 minutes 18 seconds East, a distance
19of 15.00 feet; thence North 2 degrees 47 minutes 42 seconds
20East, a distance of 200.22 feet to the north line of said Lot
213; thence South 87 degrees 20 minutes 16 seconds East along the
22north line of said Lot 3, a distance of 16.89 feet to the point
23of beginning.
 
24    Said parcel containing 0.111 acre, more or less.
 

 

 

HB5447 Enrolled- 1987 -LRB100 16294 AMC 31417 b

1    ***
 
2    That part of Lot 3 in Rubloff Oakridge Resubdivision, being
3a resubdivision of Lots 4, 5 and "A" in Olsen's Second
4Resubdivision in the Northeast Quarter of Section 31, Township
543 North, Range 8 East of the Third Principal Meridian,
6according to the plat of said Rubloff Oakridge Resubdivision
7recorded November 1, 2002 as document number 2002R0100964, in
8McHenry County, Illinois, bearings and distances are based on
9the Illinois Coordinate System, NAD 83(2011) East Zone, with a
10combination factor of 0.9999373735, described as follows:
 
11    Commencing at the northeast corner of said Lot 3; thence on
12an Illinois Coordinate System NAD 83(2011) East Zone bearing of
13South 2 degrees 40 minutes 02 seconds West along the east line
14of said Lot 3, a distance of 22.73 feet to an angle point on
15said east line of Lot 3; thence South 5 degrees 31 minutes 46
16seconds West along the east line of said Lot 3, a distance of
17100.12 feet to an angle point on said east line of Lot 3;
18thence South 2 degrees 40 minutes 02 seconds West along the
19east line of said Lot 3, a distance of 288.24 feet to the
20southeast corner of Lot 3; thence North 89 degrees 27 minutes
2118 seconds West along the south line of said Lot 3, a distance
22of 5.81 feet; thence North 2 degrees 47 minutes 42 seconds
23East, a distance of 170.94 feet; thence North 87 degrees 12

 

 

HB5447 Enrolled- 1988 -LRB100 16294 AMC 31417 b

1minutes 18 seconds West, a distance of 22.00 feet; thence North
22 degrees 47 minutes 42 seconds East, a distance of 40.00 feet
3to the point of beginning; thence South 87 degrees 12 minutes
418 seconds East, a distance of 15.00 feet; thence North 2
5degrees 47 minutes 42 seconds East, a distance of 200.22 feet
6to the north line of said Lot 3; thence North 87 degrees 20
7minutes 16 seconds West along the north line of said Lot 3, a
8distance of 15.00 feet; thence South 2 degrees 47 minutes 42
9seconds West, a distance of 200.18 feet to the point of
10beginning.
 
11    Said temporary easement containing 0.069 acre, more or
12less.
 
13    Said temporary easement to be used for grading purposes.
 
14    ***
 
15    That part of Lot 1 in Olsen's Subdivision, being a
16subdivision of part of the East Half of the Northeast Quarter
17of Section 31, Township 43 North, Range 8 East of the Third
18Principal Meridian, according to the plat thereof recorded
19August 17, 1995 as document number 95R033749 and that part of
20Lot 3 in Olsen's Second Resubdivision, being a resubdivision of
21Lot 3 in Olsen's Subdivision recorded August 17, 1995 as
22document number 95R033749 and Lot 4 in Olsen's First

 

 

HB5447 Enrolled- 1989 -LRB100 16294 AMC 31417 b

1Resubdivision of Lot 2 and part of Lot 3 in Olsen's Subdivision
2recorded August 14, 1996 as document number 96R042075 of part
3of the East Half of the Northeast Quarter of Section 31,
4Township 43 North, Range 8 East of the Third Principal
5Meridian, according to the plat of said Olsen's Second
6Resubdivision recorded November 5, 1999 as document number
71999R0076925, in McHenry County, Illinois, bearings and
8distances are based on the Illinois Coordinate System, NAD
983(2011) East Zone, with a combination factor of 0.9999373735,
10described as follows:
 
11    Beginning at the southeast corner of said Lot 3; thence on
12an Illinois Coordinate System NAD 83(2011) East Zone bearing of
13North 87 degrees 20 minutes 16 seconds West along a south line
14of said Lot 3, a distance of 16.89 feet; thence North 2 degrees
1547 minutes 42 seconds East, a distance of 154.86 feet to a
16point of curvature; thence northerly 437.88 feet along a curve
17to the left having a radius of 17159.52 feet, the chord of said
18curve bears North 2 degrees 03 minutes 51 seconds East, 437.87
19feet; thence North 88 degrees 40 minutes 01 second West along a
20radial line, a distance of 15.00 feet; thence northerly 412.44
21feet along a curve to the left having a radius of 17144.52
22feet, the chord of said curve bears North 0 degrees 38 minutes
2338 seconds East, 412.43 feet; thence North 45 degrees 12
24minutes 48 seconds West, a distance of 21.16 feet; thence South
2589 degrees 38 minutes 36 seconds West, a distance of 332.84

 

 

HB5447 Enrolled- 1990 -LRB100 16294 AMC 31417 b

1feet; thence North 83 degrees 51 minutes 10 seconds West, a
2distance of 197.73 feet to the west line of said Lot 1; thence
3North 1 degree 52 minutes 34 seconds East along the west line
4of said Lot 1, a distance of 12.43 feet to the northwest corner
5of Lot 1; thence North 89 degrees 21 minutes 14 seconds East
6along the north line of said Lot 1, a distance of 551.12 feet
7to the northeasterly line of Lot 1; thence South 45 degrees 19
8minutes 13 seconds East along the northeasterly line of said
9Lot 1, a distance of 35.15 feet to east line of Lot 1; thence
10South 0 degrees 00 minutes 21 seconds West along the east line
11of said Lot 1, a distance of 430.58 feet (430.63 feet,
12recorded) to an angle point on the east line of Lot 1; thence
13South 2 degrees 40 minutes 02 seconds West along the east line
14of said Lot 1 and along the east line of said Lot 3, a distance
15of 603.78 feet to the point of beginning.
 
16    Said parcel containing 0.993 acre, more or less.
 
17    ***
 
18    That part of Lot 1 in Olsen's Subdivision, being a
19subdivision of part of the East Half of the Northeast Quarter
20of Section 31, Township 43 North, Range 8 East of the Third
21Principal Meridian, according to the plat thereof recorded
22August 17, 1995 as document number 95R033749 and that part of
23Lot 3 in Olsen's Second Resubdivision, being a resubdivision of

 

 

HB5447 Enrolled- 1991 -LRB100 16294 AMC 31417 b

1Lot 3 in Olsen's Subdivision recorded August 17, 1995 as
2document number 95R033749 and Lot 4 in Olsen's First
3Resubdivision of Lot 2 and part of Lot 3 in Olsen's Subdivision
4recorded August 14, 1996 as document number 96R042075 of part
5of the East Half of the Northeast Quarter of Section 31,
6Township 43 North, Range 8 East of the Third Principal
7Meridian, according to the plat of said Olsen's Second
8Resubdivision recorded November 5, 1999 as document number
91999R0076925, in McHenry County, Illinois, bearings and
10distances are based on the Illinois Coordinate System, NAD
1183(2011) East Zone, with a combination factor of 0.9999373735,
12described as follows:
 
13    Commencing at the southeast corner of said Lot 3; thence on
14an Illinois Coordinate System NAD 83(2011) East Zone bearing of
15North 87 degrees 20 minutes 16 seconds West along a south line
16of said Lot 3, a distance of 16.89 feet to the point of
17beginning; thence North 2 degrees 47 minutes 42 seconds East, a
18distance of 154.86 feet to a point of curvature; thence
19northerly 437.88 feet along a curve to the left having a radius
20of 17159.52 feet, the chord of said curve bears North 2 degrees
2103 minutes 51 seconds East, 437.87 feet; thence North 88
22degrees 40 minutes 01 second West along a radial line, a
23distance of 15.00 feet; thence southerly 437.50 feet along a
24curve to the right having a radius of 17144.52 feet, the chord
25of said curve bears South 2 degrees 03 minutes 51 seconds West,

 

 

HB5447 Enrolled- 1992 -LRB100 16294 AMC 31417 b

1437.49 feet to a point of tangency; thence South 2 degrees 47
2minutes 42 seconds West, a distance of 154.89 feet to a south
3line of said Lot 3; thence South 87 degrees 20 minutes 16
4seconds East along a south line of said Lot 3, a distance of
515.00 to the point of beginning.
 
6    Said temporary easement containing 0.204 acre, more or
7less.
 
8    Said temporary easement to be used for construction
9purposes.
 
10    ***
 
11    That part of Lot 1 in Olsen's Subdivision, being a
12subdivision of part of the East Half of the Northeast Quarter
13of Section 31, Township 43 North, Range 8 East of the Third
14Principal Meridian, according to the plat thereof recorded
15August 17, 1995 as document number 95R033749, in McHenry
16County, Illinois, bearings and distances are based on the
17Illinois Coordinate System, NAD 83(2011) East Zone, with a
18combination factor of 0.9999373735, described as follows:
 
19    Commencing at the southeast corner of Lot 3 in Olsen's
20Second Resubdivision according to the plat thereof recorded
21November 5, 1999 as document number 1999R0076925; thence on an

 

 

HB5447 Enrolled- 1993 -LRB100 16294 AMC 31417 b

1Illinois Coordinate System NAD 83(2011) East Zone bearing of
2North 87 degrees 20 minutes 16 seconds West along a south line
3of Lot 3 in said Olsen's Second Resubdivision, a distance of
416.89 feet; thence North 2 degrees 47 minutes 42 seconds East,
5a distance of 154.86 feet to a point of curvature; thence
6northerly 437.88 feet along a curve to the left having a radius
7of 17159.52 feet, the chord of said curve bears North 2 degrees
803 minutes 51 seconds East, 437.87 feet; thence North 88
9degrees 40 minutes 01 second West along a radial line, a
10distance of 15.00 feet; thence northerly 35.00 feet along a
11curve to the left having a radius of 17144.52 feet, the chord
12of said curve bears North 1 degree 16 minutes 28 seconds East,
1335.00 feet to the point of beginning; thence northerly 377.44
14feet along a curve to the left having a radius of 17144.52
15feet, the chord of said curve bears North 0 degrees 35 minutes
1607 second East, 377.43 feet; thence North 45 degrees 12 minutes
1748 seconds West, a distance of 21.16 feet; thence South 89
18degrees 38 minutes 36 seconds West, a distance of 332.84 feet;
19thence North 83 degrees 51 minutes 10 seconds West, a distance
20of 197.73 feet to the west line of said Lot 1; thence South 1
21degree 52 minutes 34 seconds West along the west line of said
22Lot 1, a distance of 6.02 feet; thence South 83 degrees 51
23minutes 10 second East, a distance of 197.62 feet; thence North
2489 degrees 38 minutes 36 seconds East, a distance of 338.15
25feet; thence southerly 326.14 feet along a curve to the right
26having a radius of 17134.52 feet, the chord of said curve bears

 

 

HB5447 Enrolled- 1994 -LRB100 16294 AMC 31417 b

1South 0 degrees 28 minutes 12 seconds West, 326.14 feet; thence
2North 88 degrees 40 minutes 01 second West, a distance of 30.00
3feet; thence southerly 60.00 feet along a curve to the right
4having a radius of 17104.52 feet, the chord of said curve bears
5South 1 degree 06 minutes 55 seconds West, 60.00 feet; thence
6South 88 degrees 40 minutes 01 second East, a distance of 40.00
7feet to the point of beginning.
 
8    Said temporary easement containing 0.203 acre, more or
9less.
 
10    Said temporary easement to be used for grading and driveway
11construction purposes.
 
12    ***
 
13    That part of the Northwest Quarter of Section 32, Township
1443 North, Range 8 East of the Third Principal Meridian, in
15McHenry County, Illinois, bearings and distances are based on
16the Illinois Coordinate System, NAD 83(2011) East Zone, with a
17combination factor of 0.9999373735, described as follows:
 
18    Beginning at the northwest corner of the Northwest Quarter
19of said Section 32; thence on an Illinois Coordinate System NAD
2083(2011) East Zone bearing of South 89 degrees 47 minutes 34
21seconds East along the north line of the Northwest Quarter of

 

 

HB5447 Enrolled- 1995 -LRB100 16294 AMC 31417 b

1said Section 32, a distance of 23.41 feet to a point of
2intersection with the Northerly extension of the east right of
3way line of Randall Road recorded May 20, 1971 as document
4number 543017; thence South 0 degrees 00 minutes 21 seconds
5West along the Northerly extension of the said east right of
6way line of Randall Road, a distance of 70.00 feet to the south
7right of way line of Huntington Drive recorded July 23, 1990 as
8document number 90R026911; thence South 89 degrees 47 minutes
934 seconds East along the said south right of way line of
10Huntington Drive, a distance of 99.99 feet to a point of
11curvature on said south right of way line; thence easterly
12114.98 feet (111.67 feet, recorded) along the southerly right
13of way line of said Huntington Drive on a curve to the left
14having a radius of 334.98 feet, the chord of said curve bears
15North 80 degrees 22 minutes 26 seconds East, 114.42 feet to a
16point of reverse curvature on said southerly right of way line;
17thence easterly 90.96 feet (88.34 feet, recorded) along the
18said southerly right of way line of Huntington Drive on a curve
19to the right having a radius of 264.98 feet, the chord of said
20curve bears North 80 degrees 22 minutes 26 seconds East, 90.51
21feet to a point of tangency on the said south right of way line
22of Huntington Drive; thence South 89 degrees 47 minutes 34
23seconds East along the said south right of way line of
24Huntington Drive, a distance of 319.64 feet; thence South 81
25degrees 12 minutes 30 seconds West, a distance of 225.11 feet;
26thence South 8 degrees 47 minutes 30 seconds East, a distance

 

 

HB5447 Enrolled- 1996 -LRB100 16294 AMC 31417 b

1of 5.00 feet; thence South 81 degrees 12 minutes 30 seconds
2West, a distance of 128.86 feet; thence South 89 degrees 38
3minutes 36 seconds West, a distance of 172.42 feet; thence
4South 64 degrees 03 minutes 37 seconds West, a distance of
569.23 feet; thence southerly 582.56 feet along a curve to the
6right having a radius of 17334.52 feet, the chord of said curve
7bears South 0 degrees 56 minutes 37 seconds West, 582.53 feet
8to the south line of the grantor according to warranty deed
9recorded March 9, 1910 as document number 15359; thence North
1089 degrees 35 minutes 06 seconds West along the south line of
11the grantor according to said warranty deed, a distance of
1277.27 feet to the west line of the Northwest Quarter of said
13Section 32; thence North 2 degrees 03 minutes 28 seconds East
14along the west line of the Northwest Quarter of said Section
1532, a distance of 710.08 feet (710 feet, recorded) to the point
16of beginning.
 
17    Said parcel containing 1.559 acres, more or less, of which
180.571 acre, more or less, was previously dedicated or used for
19highway purposes.
 
20    ***
 
21    That part of the Northwest Quarter of Section 32, Township
2243 North, Range 8 East of the Third Principal Meridian, in
23McHenry County, Illinois, bearings and distances are based on

 

 

HB5447 Enrolled- 1997 -LRB100 16294 AMC 31417 b

1the Illinois Coordinate System, NAD 83(2011) East Zone, with a
2combination factor of 0.9999373735, described as follows:
 
3    Commencing at the northwest corner of the Northwest Quarter
4of said Section 32; thence on an Illinois Coordinate System NAD
583(2011) East Zone bearing of South 89 degrees 47 minutes 34
6seconds East along the north line of the Northwest Quarter of
7said Section 32, a distance of 23.41 feet to a point of
8intersection with the Northerly extension of the east right of
9way line of Randall Road recorded May 20, 1971 as document
10number 543017; thence South 0 degrees 00 minutes 21 seconds
11West along the Northerly extension of the said east right of
12way line of Randall Road, a distance of 70.00 feet to the south
13right of way line of Huntington Drive recorded July 23, 1990 as
14document number 90R026911; thence South 89 degrees 47 minutes
1534 seconds East along the said south right of way line of
16Huntington Drive, a distance of 99.99 feet to a point of
17curvature on said south right of way line; thence easterly
18114.98 feet (111.67 feet, recorded) along the southerly right
19of way line of said Huntington Drive on a curve to the left
20having a radius of 334.98 feet, the chord of said curve bears
21North 80 degrees 22 minutes 26 seconds East, 114.42 feet to a
22point of reverse curvature on said southerly right of way line;
23thence easterly 90.96 feet (88.34 feet, recorded) along the
24said southerly right of way line of Huntington Drive on a curve
25to the right having a radius of 264.98 feet, the chord of said

 

 

HB5447 Enrolled- 1998 -LRB100 16294 AMC 31417 b

1curve bears North 80 degrees 22 minutes 26 seconds East, 90.51
2feet to a point of tangency on the said south right of way line
3of Huntington Drive; thence South 89 degrees 47 minutes 34
4seconds East along the said south right of way line of
5Huntington Drive, a distance of 319.64 feet to the point of
6beginning; thence South 81 degrees 12 minutes 30 seconds West,
7a distance of 225.11 feet; thence South 8 degrees 47 minutes 30
8seconds East, a distance of 5.00 feet; thence South 81 degrees
912 minutes 30 seconds West, a distance of 128.86 feet; thence
10South 89 degrees 38 minutes 36 seconds West, a distance of
11172.42 feet; thence South 64 degrees 03 minutes 37 seconds
12West, a distance of 69.23 feet; thence southerly 582.56 feet
13along a curve to the right having a radius of 17334.52 feet,
14the chord of said curve bears South 0 degrees 56 minutes 37
15seconds West, 582.53 feet to the south line of the grantor
16according to warranty deed recorded March 9, 1910 as document
17number 15359; thence South 89 degrees 35 minutes 06 seconds
18East along the south line of the grantor according to said
19warranty deed, a distance of 10.00 feet; thence northerly
20102.10 feet along a curve to the left having a radius of
2117344.52 feet, the chord of said curve bears North 1 degree 44
22minutes 12 seconds East, 102.10 feet; thence North 90 degrees
2300 minutes 00 seconds East, a distance of 70.03 feet; thence
24northerly 295.03 feet along a curve to the left having a radius
25of 17414.52 feet, the chord of said curve bears North 1 degree
2604 minutes 35 seconds East, 295.03 feet; thence North 90

 

 

HB5447 Enrolled- 1999 -LRB100 16294 AMC 31417 b

1degrees 00 minutes 00 seconds East, a distance of 50.00 feet;
2thence northerly 125.49 feet along a curve to the left having a
3radius of 17464.52 feet, the chord of said curve bears North 0
4degrees 23 minutes 01 second East, 125.49 feet; thence North 50
5degrees 24 minutes 29 seconds East, a distance of 29.58 feet;
6thence North 89 degrees 38 minutes 36 seconds East, a distance
7of 87.71 feet; thence North 81 degrees 12 minutes 30 seconds
8East, a distance of 164.10 feet; thence North 65 degrees 08
9minutes 08 seconds East, a distance of 133.64 feet; thence
10North 8 degrees 47 minutes 30 seconds West, a distance of 25.00
11feet; thence North 81 degrees 12 minutes 30 seconds East, a
12distance of 112.61 feet; thence North 0 degrees 18 minutes 19
13seconds East, a distance of 7.64 feet to the said south right
14of way line of Huntington Drive; thence North 89 degrees 47
15minutes 34 seconds West along the said south right of way line
16of Huntington Drive, a distance of 47.64 feet to the point of
17beginning.
 
18    Said temporary easement containing 1.849 acres, more or
19less.
 
20    Said temporary easement to be used for grading purposes.
 
21    ***
 
22    That part of Lot 1 in Meijer Store #206 Subdivision, being

 

 

HB5447 Enrolled- 2000 -LRB100 16294 AMC 31417 b

1a resubdivision of part of Lot 6 in Eagle Commercial Center in
2the Southeast Quarter of Section 30, Township 43 North, Range 8
3East of the Third Principal Meridian, according to the plat of
4said Meijer #206 Subdivision recorded September 25, 2002 as
5document number 2002R0084811, in McHenry County, Illinois,
6bearings and distances are based on the Illinois Coordinate
7System, NAD 83(2011) East Zone, with a combination factor of
80.9999373735, described as follows:
 
9    Beginning at the southeast corner of said Lot 1; thence on
10an Illinois Coordinate System NAD 83(2011) East Zone bearing of
11South 89 degrees 21 minutes 14 seconds West along the south
12line of said Lot 1, a distance of 281.80 feet (281.83 feet,
13recorded) to a southwest corner of Lot 1; thence northeasterly
1410.29 feet along a northwesterly line of said Lot 1 on a curve
15to the left having a radius of 49.00 feet, the chord of said
16curve bears North 30 degrees 40 minutes 11 seconds East, 10.27
17feet; thence North 89 degrees 38 minutes 36 seconds East, a
18distance of 160.24 feet; thence South 0 degrees 21 minutes 24
19seconds East, a distance of 5.00 feet; thence North 89 degrees
2038 minutes 36 seconds East, a distance of 54.47 feet; thence
21North 44 degrees 48 minutes 06 seconds East, a distance of
2287.77 feet to the east line of said Lot 1; thence South 0
23degrees 01 minute 40 seconds West along the east line of said
24Lot 1, a distance of 64.27 feet to the point of beginning.
 

 

 

HB5447 Enrolled- 2001 -LRB100 16294 AMC 31417 b

1    Said parcel containing 0.082 acre, more or less.
 
2    ***
 
3    That part of Lot 1 in Meijer Store #206 Subdivision, being
4a resubdivision of part of Lot 6 in Eagle Commercial Center in
5the Southeast Quarter of Section 30, Township 43 North, Range 8
6East of the Third Principal Meridian, according to the plat of
7said Meijer #206 Subdivision recorded September 25, 2002 as
8document number 2002R0084811, in McHenry County, Illinois,
9bearings and distances are based on the Illinois Coordinate
10System, NAD 83(2011) East Zone, with a combination factor of
110.9999373735, described as follows:
 
12    Beginning at a southeast corner of said Lot 1, being also
13the southwest corner of Lot 5 in said Meijer Store #206
14Subdivision; thence on an Illinois Coordinate System NAD
1583(2011) East Zone bearing of South 89 degrees 21 minutes 14
16seconds West along the south line of said Lot 1, a distance of
1774.24 feet; thence North 0 degrees 21 minutes 24 seconds West,
18a distance of 39.98 feet; thence North 89 degrees 24 minutes 27
19seconds East, a distance of 63.85 feet to an east line of said
20Lot 1; thence South 0 degrees 21 minutes 27 seconds East along
21an east line of said Lot 1, a distance of 9.70 feet to a
22northeasterly line of Lot 1; thence southeasterly 32.50 feet
23along a northeasterly line of said Lot 1 on a curve to the left

 

 

HB5447 Enrolled- 2002 -LRB100 16294 AMC 31417 b

1having a radius of 49.00 feet, the chord of said curve bears
2South 19 degrees 22 minutes 16 seconds East, 31.91 feet to the
3point of beginning.
 
4    Said temporary easement containing 0.061 acre, more or
5less.
 
6    Said temporary easement to be used for construction
7purposes.
 
8    ***
 
9    That part of Lot 1 in Meijer Store #206 Subdivision, being
10a resubdivision of part of Lot 6 in Eagle Commercial Center in
11the Southeast Quarter of Section 30, Township 43 North, Range 8
12East of the Third Principal Meridian, according to the plat of
13said Meijer #206 Subdivision recorded September 25, 2002 as
14document number 2002R0084811, in McHenry County, Illinois,
15bearings and distances are based on the Illinois Coordinate
16System, NAD 83(2011) East Zone, with a combination factor of
170.9999373735, described as follows:
 
18    Commencing at the southeast corner of said Lot 1; thence on
19an Illinois Coordinate System NAD 83(2011) East Zone bearing of
20South 89 degrees 21 minutes 14 seconds West along the south
21line of said Lot 1, a distance of 281.80 feet (281.83 feet,

 

 

HB5447 Enrolled- 2003 -LRB100 16294 AMC 31417 b

1recorded) to a southwest corner of Lot 1; thence northeasterly
210.29 feet along a northwesterly line of said Lot 1 on a curve
3to the left having a radius of 49.00 feet, the chord of said
4curve bears North 30 degrees 40 minutes 11 seconds East, 10.27
5feet to the point of beginning; thence North 89 degrees 38
6minutes 36 seconds East, a distance of 78.24 feet; thence North
70 degrees 21 minutes 24 seconds West, a distance of 27.00 feet;
8thence South 89 degrees 38 minutes 36 seconds West, a distance
9of 73.61 feet to a west line of said Lot 1; thence South 0
10degrees 06 minutes 47 seconds East along a west line of said
11Lot 1, a distance of 6.50 feet to a northwesterly line of Lot
121; thence southwesterly 21.18 feet along a northwesterly line
13of said Lot 1 on a curve to the right having a radius of 49.00
14feet, the chord of said curve bears South 12 degrees 16 minutes
1519 seconds West, 21.01 feet to the point of beginning.
 
16    Said temporary easement containing 0.046 acre, more or
17less.
 
18    Said temporary easement to be used for construction
19purposes.
 
20    ***
 
21    That part of Lot 1 in Meijer Store #206 Subdivision, being
22a resubdivision of part of Lot 6 in Eagle Commercial Center in

 

 

HB5447 Enrolled- 2004 -LRB100 16294 AMC 31417 b

1the Southeast Quarter of Section 30, Township 43 North, Range 8
2East of the Third Principal Meridian, according to the plat of
3said Meijer #206 Subdivision recorded September 25, 2002 as
4document number 2002R0084811, in McHenry County, Illinois,
5bearings and distances are based on the Illinois Coordinate
6System, NAD 83(2011) East Zone, with a combination factor of
70.9999373735, described as follows:
 
8    Commencing at the southeast corner of said Lot 1; thence on
9an Illinois Coordinate System NAD 83(2011) East Zone bearing of
10South 89 degrees 21 minutes 14 seconds West along the south
11line of said Lot 1, a distance of 281.80 feet (281.83 feet,
12recorded) to a southwest corner of Lot 1; thence northeasterly
1310.29 feet along a northwesterly line of said Lot 1 on a curve
14to the left having a radius of 49.00 feet, the chord of said
15curve bears North 30 degrees 40 minutes 11 seconds East, 10.27
16feet; thence North 89 degrees 38 minutes 36 seconds East, a
17distance of 160.24 feet; thence South 0 degrees 21 minutes 24
18seconds East, a distance of 5.00 feet; thence North 89 degrees
1938 minutes 36 seconds East, a distance of 35.00 feet to the
20point of beginning; thence continuing North 89 degrees 38
21minutes 36 seconds East, a distance of 19.47 feet; thence North
2244 degrees 48 minutes 06 seconds East, a distance of 87.77 feet
23to the east line of said Lot 1; thence North 0 degrees 01
24minute 40 seconds East along the east line of said Lot 1, a
25distance of 391.21 feet to a northeast corner of Lot 1; thence

 

 

HB5447 Enrolled- 2005 -LRB100 16294 AMC 31417 b

1southwesterly 49.51 feet along a northeasterly line of said Lot
21 on a curve to the right having a radius of 98.99 feet, the
3chord of said curve bears South 62 degrees 09 minutes 20
4seconds West, 48.99 feet; thence South 1 degree 09 minutes 06
5seconds West, a distance of 56.02 feet; thence North 89 degrees
658 minutes 13 seconds East, a distance of 36.65 feet; thence
7South 0 degrees 01 minute 47 seconds East, a distance of 312.74
8feet; thence South 44 degrees 48 minutes 06 seconds West, a
9distance of 80.18 feet; thence South 89 degrees 38 minutes 36
10seconds West, a distance of 17.40 feet; thence South 0 degrees
1121 minutes 24 seconds East, a distance of 5.00 feet to the
12point of beginning.
 
13    Said temporary easement containing 0.132 acre, more or
14less.
 
15    Said temporary easement to be used for construction
16purposes.
 
17    ***
 
18    That part of Lot 1 in Meijer Store #206 Subdivision, being
19a resubdivision of part of Lot 6 in Eagle Commercial Center in
20the Southeast Quarter of Section 30, Township 43 North, Range 8
21East of the Third Principal Meridian, according to the plat of
22said Meijer #206 Subdivision recorded September 25, 2002 as

 

 

HB5447 Enrolled- 2006 -LRB100 16294 AMC 31417 b

1document number 2002R0084811, in McHenry County, Illinois,
2bearings and distances are based on the Illinois Coordinate
3System, NAD83(2011) East Zone, with a combination factor of
40.9999373735, described as follows:
 
5    Beginning at the northeast corner of Lot 3 in said Meijer
6Store #206 Subdivision, being also a southeast corner of said
7Lot 1; thence on an Illinois Coordinate System NAD 83(2011)
8East Zone bearing of North 0 degrees 01 minute 40 seconds East
9along an east line of said Lot 1, a distance of 18.24 feet;
10thence northerly 47.70 feet along an east line of said Lot 1 on
11a curve to the left having a radius of 31851.48 feet, the chord
12of said curve bears North 0 degrees 00 minutes 38 seconds West,
1347.70 feet to a northwesterly line of Lot 1; thence
14southwesterly 73.12 feet (73.16 feet, recorded) along a
15northwesterly line of said Lot 1 on a curve to the right having
16a radius of 98.99 feet, the chord of said curve bears South 68
17degrees 49 minutes 52 seconds West, 71.47 feet to a north line
18of Lot 1; thence North 89 degrees 59 minutes 09 seconds West
19along a north line of said Lot 1, a distance of 1.65 feet;
20thence South 0 degrees 04 minutes 51 seconds East, a distance
21of 30.98 feet to a south line of said Lot 1; thence South 89
22degrees 58 minutes 47 seconds East along a south line of said
23Lot 1, a distance of 36.76 feet to a southwesterly line of Lot
241; thence southeasterly 33.23 feet (33.24 feet, recorded) along
25a southwesterly line of said Lot 1 on a curve to the right

 

 

HB5447 Enrolled- 2007 -LRB100 16294 AMC 31417 b

1having a radius of 59.00 feet, the chord of said curve bears
2South 73 degrees 49 minutes 27 seconds East, 32.79 feet to the
3point of beginning.
 
4    Said temporary easement containing 0.063 acre, more or
5less.
 
6    Said temporary easement to be used for construction
7purposes.
 
8    ***
 
9    That part of Lot 5 in Meijer Store #206 Subdivision, being
10a resubdivision of part of Lot 6 in Eagle Commercial Center in
11the Southeast Quarter of Section 30, Township 43 North, Range 8
12East of the Third Principal Meridian, according to the plat of
13said Meijer #206 Subdivision recorded September 25, 2002 as
14document number 2002R0084811, in McHenry County, Illinois,
15bearings and distances are based on the Illinois Coordinate
16System, NAD 83(2011) East Zone, with a combination factor of
170.9999373735, described as follows:
 
18    Beginning at the southeast corner of said Lot 5; thence on
19an Illinois Coordinate System NAD 83(2011) East Zone bearing of
20South 89 degrees 21 minutes 14 seconds West along the south
21line of said Lot 5, a distance of 176.22 feet; thence North 0

 

 

HB5447 Enrolled- 2008 -LRB100 16294 AMC 31417 b

1degrees 00 minutes 00 seconds East, a distance of 3.32 feet;
2thence North 85 degrees 39 minutes 34 seconds East, a distance
3of 91.74 feet; thence North 89 degrees 38 minutes 36 seconds
4East, a distance of 89.97 feet to the southeasterly line of
5said Lot 5; thence southwesterly 10.29 feet along the
6southeasterly line of said Lot 5 on a curve to the right having
7a radius of 49.00 feet, the chord of said curve bears South 30
8degrees 40 minutes 11 seconds West, 10.27 feet to the point of
9beginning.
 
10    Said parcel containing 0.031 acre, more or less.
 
11    ***
 
12    That part of Lot 5 in Meijer Store #206 Subdivision, being
13a resubdivision of part of Lot 6 in Eagle Commercial Center in
14the Southeast Quarter of Section 30, Township 43 North, Range 8
15East of the Third Principal Meridian, according to the plat of
16said Meijer #206 Subdivision recorded September 25, 2002 as
17document number 2002R0084811, in McHenry County, Illinois,
18bearings and distances are based on the Illinois Coordinate
19System, NAD 83(2011) East Zone, with a combination factor of
200.9999373735, described as follows:
 
21    Beginning at the southwest corner of said Lot 5; thence
22northwesterly 32.50 feet along the southwesterly line of said

 

 

HB5447 Enrolled- 2009 -LRB100 16294 AMC 31417 b

1Lot 5 on a curve to the right having a radius of 49.00 feet, the
2chord of said curve bears on an Illinois Coordinate System NAD
383(2011) East Zone bearing of North 19 degrees 22 minutes 16
4seconds West, 31.91 feet to the west line of Lot 5; thence
5North 0 degrees 21 minutes 27 seconds West along the west line
6of said Lot 5, a distance of 9.70 feet; thence North 89 degrees
724 minutes 27 seconds East, a distance of 19.31 feet; thence
8South 0 degrees 35 minutes 33 seconds East, a distance of 39.90
9feet to the south line of said Lot 5; thence South 89 degrees
1021 minutes 14 seconds West along the south line of said Lot 5,
11a distance of 9.08 feet to the point of beginning.
 
12    Said temporary easement containing 0.015 acre, more or
13less.
 
14    Said temporary easement to be used for grading purposes.
 
15    ***
 
16    That part of Lot 5 in Meijer Store #206 Subdivision, being
17a resubdivision of part of Lot 6 in Eagle Commercial Center in
18the Southeast Quarter of Section 30, Township 43 North, Range 8
19East of the Third Principal Meridian, according to the plat of
20said Meijer #206 Subdivision recorded September 25, 2002 as
21document number 2002R0084811, in McHenry County, Illinois,
22bearings and distances are based on the Illinois Coordinate

 

 

HB5447 Enrolled- 2010 -LRB100 16294 AMC 31417 b

1System, NAD 83(2011) East Zone, with a combination factor of
20.9999373735, described as follows:
 
3    Commencing at the southeast corner of said Lot 5; thence on
4an Illinois Coordinate System NAD 83(2011) East Zone bearing of
5South 89 degrees 21 minutes 14 seconds West along the south
6line of said Lot 5, a distance of 176.22 feet; thence North 0
7degrees 00 minutes 00 seconds East, a distance of 3.32 feet;
8thence North 85 degrees 39 minutes 34 seconds East, a distance
9of 91.74 feet; thence North 89 degrees 38 minutes 36 seconds
10East, a distance of 84.21 feet to the point of beginning;
11thence continuing North 89 degrees 38 minutes 36 seconds East,
12a distance of 5.76 feet to the southeasterly line of said Lot
135; thence northeasterly 21.18 feet along the southeasterly line
14of said Lot 5 on a curve to the left having a radius of 49.00
15feet, the chord of said curve bears North 12 degrees 16 minutes
1619 seconds East, 21.01 feet to the east line of said Lot 5;
17thence North 0 degrees 06 minutes 47 seconds West along the
18east line of said Lot 5, a distance of 6.50 feet; thence South
1989 degrees 38 minutes 36 seconds West, a distance of 10.39
20feet; thence South 0 degrees 21 minutes 24 seconds East, a
21distance of 27.00 feet to the point of beginning.
 
22    Said temporary easement containing 0.006 acre, more or
23less, or 249 square feet, more or less.
 

 

 

HB5447 Enrolled- 2011 -LRB100 16294 AMC 31417 b

1    Said temporary easement to be used for grading purposes.
 
2    ***
 
3    That part of Lot 11 in Kaper's Business Center Unit 1,
4being a subdivision of part of the West Half of the Southwest
5Quarter of Section 29, Township 43 North, Range 8 East of the
6Third
 
7    Principal Meridian, according to the plat thereof recorded
8June 4, 1997 as document number 97R025826, in McHenry County,
9Illinois, bearings and distances are based on the Illinois
10Coordinate System, NAD 83(2011) East Zone, with a combination
11factor of 0.9999373735, described as follows:
 
12    Commencing at the northwest corner of said Lot 11; thence
13on an Illinois Coordinate System NAD 83(2011) East Zone bearing
14of South 0 degrees 04 minutes 06 seconds East along the west
15line of said Lot 11, a distance of 118.49 feet to the southwest
16corner of special warranty deed recorded December 28, 2015 as
17document number 2015R0047895, being also the northwest corner
18of the grantor and the point of beginning; thence South 89
19degrees 47 minutes 46 seconds East along the north line of the
20grantor according to said special warranty deed, a distance of
2133.20 feet; thence South 0 degrees 01 minute 47 seconds East, a
22distance of 81.58 feet to the south line of said Lot 11; thence

 

 

HB5447 Enrolled- 2012 -LRB100 16294 AMC 31417 b

1North 89 degrees 48 minutes 02 seconds West along the south
2line of said Lot 11, a distance of 33.14 feet to the southwest
3corner of Lot 11; thence North 0 degrees 04 minutes 06 seconds
4West along the west line of said Lot 11, a distance of 81.58
5feet to the point of beginning.
 
6    Said parcel containing 0.062 acre, more or less.
 
7    ***
 
8    That part of Lot 11 in Kaper's Business Center Unit 1,
9being a subdivision of part of the West Half of the Southwest
10Quarter of Section 29, Township 43 North, Range 8 East of the
11Third Principal Meridian, according to the plat thereof
12recorded June 4, 1997 as document number 97R025826, in McHenry
13County, Illinois, bearings and distances are based on the
14Illinois Coordinate System, NAD 83(2011) East Zone, with a
15combination factor of 0.9999373735, described as follows:
 
16    Commencing at the northwest corner of said Lot 11; thence
17on an Illinois Coordinate System NAD 83(2011) East Zone bearing
18of South 0 degrees 04 minutes 06 seconds East along the west
19line of said Lot 11, a distance of 118.49 feet to the southwest
20corner of special warranty deed recorded December 28, 2015 as
21document number 2015R0047895, being also the northwest corner
22of the grantor; thence South 89 degrees 47 minutes 46 seconds

 

 

HB5447 Enrolled- 2013 -LRB100 16294 AMC 31417 b

1East along the north line of the grantor according to said
2special warranty deed, a distance of 33.20 feet to the point of
3beginning; thence South 0 degrees 01 minute 47 seconds East, a
4distance of 81.58 feet to the south line of said Lot 11; thence
5South 89 degrees 48 minutes 02 seconds East along the south
6line of said Lot 11, a distance of 10.00 feet; thence North 0
7degrees 01 minute 47 seconds West, a distance of 81.58 feet to
8the north line of the grantor according to said special
9warranty deed; thence North 89 degrees 47 minutes 46 seconds
10West along the north line of the grantor according to said
11special warranty deed, a distance of 10.00 feet to the point of
12beginning.
 
13    Said temporary easement containing 0.019 acre, more or
14less.
 
15    Said temporary easement to be used for grading purposes.
 
16    ***
 
17    That part of Lot 2 in Randall Rolls Second Resubdivision,
18being a resubdivision of Lots 2 and 3 of Randall Rolls
19Resubdivision in the West Half of the Southwest Quarter of
20Section 29, Township 43 North, Range 8 East of the Third
21Principal Meridian, according to the plat of said Randall Rolls
22Second Resubdivision recorded June 7, 2001 as document number

 

 

HB5447 Enrolled- 2014 -LRB100 16294 AMC 31417 b

12001R0038572, in McHenry County, Illinois, bearings and
2distances are based on the Illinois Coordinate System,
3NAD83(2011) East Zone, with a combination factor of
40.9999373735, described as follows:
 
5    Beginning at the northwest corner of said Lot 2; thence on
6an Illinois Coordinate System NAD 83(2011) East Zone bearing of
7South 89 degrees 58 minutes 44 seconds East along the north
8line of said Lot 2, a distance of 23.38 feet; thence South 0
9degrees 01 minute 47 seconds East, a distance of 145.25 feet to
10the south line of said Lot 2; thence North 89 degrees 47
11minutes 46 seconds West along the south line of said Lot 2, a
12distance of 23.28 feet to the southwest corner of Lot 2; thence
13North 0 degrees 04 minutes 06 seconds West along the west line
14of said Lot 2, a distance of 145.17 feet (145.12 feet,
15recorded) to the point of beginning.
 
16    Said parcel containing 0.078 acre, more or less.
 
17    ***
 
18    That part of Lot 2 in Randall Rolls Second Resubdivision,
19being a resubdivision of Lots 2 and 3 of Randall Rolls
20Resubdivision in the West Half of the Southwest Quarter of
21Section 29, Township 43 North, Range 8 East of the Third
22Principal Meridian, according to the plat of said Randall Rolls

 

 

HB5447 Enrolled- 2015 -LRB100 16294 AMC 31417 b

1Second Resubdivision recorded June 7, 2001 as document number
22001R0038572, in McHenry County, Illinois, bearings and
3distances are based on the Illinois Coordinate System,
4NAD83(2011) East Zone, with a combination factor of
50.9999373735, described as follows:
 
6    Commencing at the northwest corner of said Lot 2; thence on
7an Illinois Coordinate System NAD 83(2011) East Zone bearing of
8South 89 degrees 58 minutes 44 seconds East along the north
9line of said Lot 2, a distance of 23.38 feet to the point of
10beginning; thence South 0 degrees 01 minute 47 seconds East, a
11distance of 145.25 feet to the south line of said Lot 2; thence
12South 89 degrees 47 minutes 46 seconds East along the south
13line of said Lot 2, a distance of 10.00 feet; thence North 0
14degrees 01 minute 47 seconds West, a distance of 145.28 feet to
15the north line of said Lot 2; thence North 89 degrees 58
16minutes 44 seconds West along the north line of said Lot 2, a
17distance of 10.00 feet to the point of beginning.
 
18    Said temporary easement containing 0.033 acre, more or
19less.
 
20    Said temporary easement to be used for grading purposes.
 
21    ***
 

 

 

HB5447 Enrolled- 2016 -LRB100 16294 AMC 31417 b

1    That part of Lot 3 in Meijer Store #206 Subdivision, being
2a resubdivision of part of Lot 6 in Eagle Commercial Center in
3the Southeast Quarter of Section 30, Township 43 North, Range 8
4East of the Third Principal Meridian, according to the plat of
5said Meijer #206 Subdivision recorded September 25, 2002 as
6document number 2002R0084811, in McHenry County, Illinois,
7bearings and distances are based on the Illinois Coordinate
8System, NAD83(2011) East Zone, with a combination factor of
90.9999373735, described as follows:
 
10    Beginning at the southeast corner of said Lot 3; thence on
11an Illinois Coordinate System NAD 83(2011) East Zone bearing of
12North 89 degrees 58 minute 47 seconds West along the south line
13of said Lot 3, a distance of 8.02 feet; thence North 0 degrees
1401 minute 47 seconds West, a distance of 190.10 feet; thence
15South 89 degrees 58 minutes 13 seconds West, a distance of
1660.00 feet; thence North 0 degrees 04 minutes 51 seconds West,
17a distance of 20.21 feet to the north line of said Lot 3;
18thence South 89 degrees 58 minutes 47 seconds East along the
19north line of said Lot 3, a distance of 36.76 feet to the
20northeasterly line of Lot 3; thence southeasterly 33.23 feet
21(33.24 feet, recorded) along the northeasterly line of said Lot
223 on a curve to the right having a radius of 59.00 feet, the
23chord of said curve bears South 73 degrees 49 minutes 27
24seconds East, 32.79 feet to the east line of Lot 3; thence
25South 0 degrees 01 minute 40 seconds West along the east line

 

 

HB5447 Enrolled- 2017 -LRB100 16294 AMC 31417 b

1of said Lot 3, a distance of 201.14 feet to the point of
2beginning.
 
3    Said temporary easement containing 0.065 acre, more or
4less.
 
5    Said temporary easement to be used for construction
6purposes.
 
7    ***
 
8    That part of Lot 1 in Randall Rolls Second Resubdivision,
9being a resubdivision of Lots 2 and 3 of Randall Rolls
10Resubdivision in the West Half of the Southwest Quarter of
11Section 29, Township 43 North, Range 8 East of the Third
12Principal Meridian, according to the plat of said Randall Rolls
13Second Resubdivision recorded June 7, 2001 as document number
142001R0038572, in McHenry County, Illinois, bearings and
15distances are based on the Illinois Coordinate System,
16NAD83(2011) East Zone, with a combination factor of
170.9999373735, described as follows:
 
18    Beginning at the northwest corner of said Lot 1; thence on
19an Illinois Coordinate System NAD 83(2011) East Zone bearing of
20South 89 degrees 47 minutes 16 seconds East along the north
21line of said Lot 1, a distance of 23.33 feet; thence southerly

 

 

HB5447 Enrolled- 2018 -LRB100 16294 AMC 31417 b

169.10 feet along a curve to the right having a radius of
211550.00 feet, the chord of said curve bears South 0 degrees 12
3minutes 04 seconds East, 69.10 feet to a point of tangency;
4thence South 0 degrees 01 minute 47 seconds East, a distance of
5162.89 feet to the south line of said Lot 1; thence North 89
6degrees 58 minutes 44 seconds West along the south line of said
7Lot 1, a distance of 23.28 feet to the southwest corner of Lot
81; thence North 0 degrees 04 minutes 06 seconds West along the
9west line of said Lot 1, a distance of 232.06 feet (231.98
10feet, recorded) to the point of beginning.
 
11    Said parcel containing 0.125 acre, more or less.
 
12    ***
 
13    That part of Lot 1 in Randall Rolls Second Resubdivision,
14being a resubdivision of Lots 2 and 3 of Randall Rolls
15Resubdivision in the West Half of the Southwest Quarter of
16Section 29, Township 43 North, Range 8 East of the Third
17Principal Meridian, according to the plat of said Randall Rolls
18Second Resubdivision recorded June 7, 2001 as document number
192001R0038572, in McHenry County, Illinois, bearings and
20distances are based on the Illinois Coordinate System,
21NAD83(2011) East Zone, with a combination factor of
220.9999373735, described as follows:
 

 

 

HB5447 Enrolled- 2019 -LRB100 16294 AMC 31417 b

1    Commencing at the northwest corner of said Lot 1; thence on
2an Illinois Coordinate System NAD 83(2011) East Zone bearing of
3South 89 degrees 47 minutes 16 seconds East along the north
4line of said Lot 1, a distance of 23.33 feet to the point of
5beginning; thence southerly 69.10 feet along a curve to the
6right having a radius of 11550.00 feet, the chord of said curve
7bears South 0 degrees 12 minutes 04 seconds East, 69.10 feet to
8a point of tangency; thence South 0 degrees 01 minute 47
9seconds East, a distance of 162.89 feet to the south line of
10said Lot 1; thence South 89 degrees 58 minutes 44 seconds East
11along the south line of said Lot 1, a distance of 10.00 feet;
12thence North 0 degrees 01 minute 47 seconds West, a distance of
13231.95 feet to the north line of said Lot 1; thence North 89
14degrees 47 minutes 16 seconds West along the north line of said
15Lot 1, a distance of 10.21 feet to the point of beginning.
 
16    Said temporary easement containing 0.053 acre, more or
17less.
 
18    Said temporary easement to be used for grading purposes.
 
19    ***
 
20    That part of Lot 2 in Meijer Store #206 Subdivision, being
21a resubdivision of part of Lot 6 in Eagle Commercial Center in
22the Southeast Quarter of Section 30, Township 43 North, Range 8

 

 

HB5447 Enrolled- 2020 -LRB100 16294 AMC 31417 b

1East of the Third Principal Meridian, according to the plat of
2said Meijer #206 Subdivision recorded September 25, 2002 as
3document number 2002R0084811, in McHenry County, Illinois,
4bearings and distances are based on the Illinois Coordinate
5System, NAD83(2011) East Zone, with a combination factor of
60.9999373735, described as follows:
 
7    Beginning at the southeast corner of said Lot 2; thence
8southwesterly 10.76 feet along the southeasterly line of said
9Lot 2 on a curve to the right having a radius of 98.99 feet, the
10chord of said curve bears on an Illinois Coordinate System NAD
1183(2011) East Zone bearing of South 50 degrees 47 minute 09
12seconds West, 10.76 feet; thence northerly 301.58 feet along a
13curve to the left having a radius of 11370.00 feet, the chord
14of said curve bears North 1 degree 00 minutes 14 seconds West,
15301.57 feet to the northeasterly line of said Lot 2; thence
16South 54 degrees 53 minutes 52 seconds East along the
17northeasterly line of said Lot 2, a distance 14.75 feet to the
18east line of Lot 2; thence southerly 286.24 feet along the east
19line of said Lot 2 on a curve to the right having a radius of
2031851.48 feet, the chord of said curve bears South 0 degrees 18
21minutes 39 seconds East, 286.24 feet to the point of beginning.
 
22    Said parcel containing 0.066 acre, more or less.
 
23    ***
 

 

 

HB5447 Enrolled- 2021 -LRB100 16294 AMC 31417 b

1    That part of Lot 2 in Meijer Store #206 Subdivision, being
2a resubdivision of part of Lot 6 in Eagle Commercial Center in
3the Southeast Quarter of Section 30, Township 43 North, Range 8
4East of the Third Principal Meridian, according to the plat of
5said Meijer #206 Subdivision recorded September 25, 2002 as
6document number 2002R0084811, in McHenry County, Illinois,
7bearings and distances are based on the Illinois Coordinate
8System, NAD83(2011) East Zone, with a combination factor of
90.9999373735, described as follows:
 
10    Commencing at the southeast corner of said Lot 2; thence
11southwesterly 22.96 feet along the southeasterly line of said
12Lot 2 on a curve to the right having a radius of 98.99 feet, the
13chord of said curve bears on an Illinois Coordinate System NAD
1483(2011) East Zone bearing of South 54 degrees 18 minute 54
15seconds West, 22.91 feet to the point of beginning; thence
16southwesterly 50.16 feet along the southeasterly line of said
17Lot 2 on a curve to the right having a radius of 98.99 feet, the
18chord of said curve bears South 75 degrees 28 minutes 32
19seconds West, 49.63 feet to the south line of Lot 2; thence
20North 89 degrees 59 minutes 09 seconds West along the south
21line of said Lot 2, a distance of 1.65 feet; thence North 0
22degrees 04 minutes 51 seconds West, a distance of 12.19 feet;
23thence North 89 degrees 42 minutes 18 seconds East, a distance
24of 49.70 feet to the point of beginning.
 

 

 

HB5447 Enrolled- 2022 -LRB100 16294 AMC 31417 b

1    Said temporary easement containing 0.010 acre, more or
2less, or 418 square feet, more or less.
 
3    Said temporary easement to be used for construction
4purposes.
 
5    ***
 
6    That part of Lot 1 in Re-Subdivision of Lot 14 in Kaper's
7Business Center Unit 2, being a resubdivision of Kaper's
8Business Center Unit 2, being a subdivision of part of the West
9Half of the Southwest Quarter of Section 29, Township 43 North,
10Range 8 East of the Third Principal Meridian, according to the
11plat of said Re-Subdivision of Lot 14 in Kaper's Business
12Center Unit 2 recorded August 24, 2001 as document number
132001R0061761, in McHenry County, Illinois, bearings and
14distances are based on the Illinois Coordinate System,
15NAD83(2011) East Zone, with a combination factor of
160.9999373735, described as follows:
 
17    Beginning at the southwest corner of said Lot 1; thence on
18an Illinois Coordinate System NAD 83(2011) East Zone bearing of
19North 1 degree 04 minutes 41 seconds West along the west line
20of said Lot 1, a distance of 121.99 feet to a point of
21curvature on said west line of Lot 1; thence northeasterly

 

 

HB5447 Enrolled- 2023 -LRB100 16294 AMC 31417 b

147.12 feet (47.13 feet, recorded) along the northwesterly line
2of said Lot 1 on a curve to the right having a radius of 30.00
3feet, the chord of said curve bears North 43 degrees 55 minutes
408 seconds East, 42.42 feet to a point of tangency on the north
5line of Lot 1; thence North 88 degrees 54 minutes 57 seconds
6East along the north line of said Lot 1, a distance of 35.61
7feet; thence South 43 degrees 53 minutes 35 seconds West, a
8distance of 48.85 feet; thence southerly 117.43 feet along a
9curve to the right having a radius of 11550.00 feet, the chord
10of said curve bears South 1 degree 29 minutes 53 seconds East,
11117.43 feet to the south line of said Lot 1; thence South 88
12degrees 54 minutes 57 seconds West along the south line of said
13Lot 1, a distance of 31.95 feet to the point of beginning.
 
14    Said parcel containing 0.119 acre, more or less.
 
15    ***
 
16    That part of Lot 1 in Re-Subdivision of Lot 14 in Kaper's
17Business Center Unit 2, being a resubdivision of Kaper's
18Business Center Unit 2, being a subdivision of part of the West
19Half of the Southwest Quarter of Section 29, Township 43 North,
20Range 8 East of the Third Principal Meridian, according to the
21plat of said Re-Subdivision of Lot 14 in Kaper's Business
22Center Unit 2 recorded August 24, 2001 as document number
232001R0061761, in McHenry County, Illinois, bearings and

 

 

HB5447 Enrolled- 2024 -LRB100 16294 AMC 31417 b

1distances are based on the Illinois Coordinate System,
2NAD83(2011) East Zone, with a combination factor of
30.9999373735, described as follows:
 
4    Commencing at the southwest corner of said Lot 1; thence on
5an Illinois Coordinate System NAD 83(2011) East Zone bearing of
6North 1 degree 04 minutes 41 seconds West along the west line
7of said Lot 1, a distance of 121.99 feet to a point of
8curvature on said west line of Lot 1; thence northeasterly
947.12 feet (47.13 feet, recorded) along the northwesterly line
10of said Lot 1 on a curve to the right having a radius of 30.00
11feet, the chord of said curve bears North 43 degrees 55 minutes
1208 seconds East, 42.42 feet to a point of tangency on the north
13line of Lot 1; thence North 88 degrees 54 minutes 57 seconds
14East along the north line of said Lot 1, a distance of 35.61
15feet; thence South 43 degrees 53 minutes 35 seconds West, a
16distance of 27.90 feet to the point of beginning; thence
17continuing South 43 degrees 53 minutes 35 seconds West, a
18distance of 20.95 feet; thence southerly 117.43 feet along a
19curve to the right having a radius of 11550.00 feet, the chord
20of said curve bears South 1 degree 29 minutes 53 seconds East,
21117.43 feet to the south line of said Lot 1; thence North 88
22degrees 54 minutes 57 seconds East along the south line of said
23Lot 1, a distance of 15.00 feet; thence northerly 132.25 feet
24along a curve to the left having a radius of 11565.00 feet, the
25chord of said curve bears North 1 degree 32 minutes 03 seconds

 

 

HB5447 Enrolled- 2025 -LRB100 16294 AMC 31417 b

1West, 132.25 feet to the point of beginning.
 
2    Said temporary easement containing 0.043 acre, more or
3less.
 
4    Said temporary easement to be used for grading purposes.
 
5    ***
 
6    That part of Lot 5 in Kaper's East Subdivision, being a
7subdivision of the West Half of the Southwest Quarter of
8Section 29, Township 43 North, Range 8 East of the Third
9Principal Meridian, according to the plat thereof recorded
10February 28, 1989 as document number 89R005770, in McHenry
11County, Illinois, bearings and distances are based on the
12Illinois Coordinate System, NAD83(2011) East Zone, with a
13combination factor of 0.9999373735, described as follows:
 
14    Beginning at the northwest corner of said Lot 5; thence on
15an Illinois Coordinate System NAD 83(2011) East Zone bearing of
16North 88 degrees 54 minutes 55 seconds East along the north
17line of said Lot 5, a distance of 28.15 feet; thence southerly
1897.22 feet along a curve to the left having a radius of
1911365.00 feet, the chord of said curve bears South 2 degrees 41
20minutes 33 seconds East, 97.22 feet to a point of reverse
21curvature; thence southerly 89.95 feet along a curve to the

 

 

HB5447 Enrolled- 2026 -LRB100 16294 AMC 31417 b

1right having a radius of 11555.00 feet, the chord of said curve
2bears South 2 degrees 42 minutes 53 seconds East, 89.95 feet;
3thence South 40 degrees 49 minutes 13 seconds East, a distance
4of 48.27 feet to the south line of said Lot 5; thence South 88
5degrees 54 minutes 57 seconds West along the south line of said
6Lot 5, a distance of 34.32 feet to a point of curvature on said
7south line of Lot 5; thence northwesterly 47.12 feet along the
8southwesterly line of said Lot 5 on a curve to the right having
9a radius of 30.00 feet, the chord of said curve bears North 46
10degrees 04 minutes 52 seconds West, 42.43 feet to a point of
11tangency on the west line of Lot 5; thence North 1 degree 04
12minutes 41 seconds West along the west line of said Lot 5, a
13distance of 194.21 feet (194.23 feet, recorded) to the point of
14beginning.
 
15    Said parcel containing 0.169 acre, more or less.
 
16    ***
 
17    That part of Lot 5 in Kaper's East Subdivision, being a
18subdivision of the West Half of the Southwest Quarter of
19Section 29, Township 43 North, Range 8 East of the Third
20Principal Meridian, according to the plat thereof recorded
21February 28, 1989 as document number 89R005770, in McHenry
22County, Illinois, bearings and distances are based on the
23Illinois Coordinate System, NAD83(2011) East Zone, with a

 

 

HB5447 Enrolled- 2027 -LRB100 16294 AMC 31417 b

1combination factor of 0.9999373735, described as follows:
 
2    Commencing at the northwest corner of said Lot 5; thence on
3an Illinois Coordinate System NAD 83(2011) East Zone bearing of
4North 88 degrees 54 minutes 55 seconds East along the north
5line of said Lot 5, a distance of 28.15 feet to the point of
6beginning; thence southerly 97.22 feet along a curve to the
7left having a radius of 11365.00 feet, the chord of said curve
8bears South 2 degrees 41 minutes 33 seconds East, 97.22 feet to
9a point of reverse curvature; thence southerly 89.95 feet along
10a curve to the right having a radius of 11555.00 feet, the
11chord of said curve bears South 2 degrees 42 minutes 53 seconds
12East, 89.95 feet; thence South 40 degrees 49 minutes 13 seconds
13East, a distance of 16.11; thence northerly 102.66 feet along a
14curve to the left having a radius of 11565.00 feet, the chord
15of said curve bears North 2 degrees 41 minutes 00 seconds West,
16102.66 feet to a point of reverse curvature; thence northerly
1796.90 feet along a curve to the right having a radius of
1811355.00 feet, the chord of said curve bears North 2 degrees 41
19minutes 36 seconds West, 96.90 feet to the north line of said
20Lot 5; thence South 88 degrees 54 minutes 55 seconds West along
21the north line of said Lot 5, a distance of 10.00 feet to the
22point of beginning.
 
23    Said temporary easement containing 0.044 acre, more or
24less.
 

 

 

HB5447 Enrolled- 2028 -LRB100 16294 AMC 31417 b

1    Said temporary easement to be used for grading purposes.
 
2    ***
 
3    That part of Lot 4 in Kaper's East Subdivision, being a
4subdivision of the West Half of the Southwest Quarter of
5Section 29, Township 43 North, Range 8 East of the Third
6Principal Meridian, according to the plat thereof recorded
7February 28, 1989 as document number 89R005770, in McHenry
8County, Illinois, bearings and distances are based on the
9Illinois Coordinate System, NAD83(2011) East Zone, with a
10combination factor of 0.9999373735, described as follows:
 
11    Beginning at the northwest corner of said Lot 4; thence on
12an Illinois Coordinate System NAD 83(2011) East Zone bearing of
13North 88 degrees 54 minutes 50 seconds East along the north
14line of said Lot 4, a distance of 25.00 feet; thence southerly
15225.01 feet along a curve to the left having a radius of
1611365.00 feet, the chord of said curve bears South 1 degree 52
17minutes 49 seconds East, 225.01 feet to the south line of said
18Lot 4; thence South 88 degrees 54 minutes 55 seconds West along
19the south line of said Lot 4, a distance of 28.15 feet to the
20southwest corner of Lot 4; thence North 1 degree 04 minutes 41
21seconds West along the west line of said Lot 4, a distance of
22224.98 feet (225.00 feet, recorded) to the point of beginning.
 

 

 

HB5447 Enrolled- 2029 -LRB100 16294 AMC 31417 b

1    Said parcel containing 0.135 acre, more or less.
 
2    ***
 
3    That part of Lot 4 in Kaper's East Subdivision, being a
4subdivision of the West Half of the Southwest Quarter of
5Section 29, Township 43 North, Range 8 East of the Third
6Principal Meridian, according to the plat thereof recorded
7February 28, 1989 as document number 89R005770, in McHenry
8County, Illinois, bearings and distances are based on the
9Illinois Coordinate System, NAD83(2011) East Zone, with a
10combination factor of 0.9999373735, described as follows:
 
11    Commencing at the northwest corner of said Lot 4; thence on
12an Illinois Coordinate System NAD 83(2011) East Zone bearing of
13North 88 degrees 54 minutes 50 seconds East along the north
14line of said Lot 4, a distance of 25.00 feet to the point of
15beginning; thence southerly 225.01 feet along a curve to the
16left having a radius of 11365.00 feet, the chord of said curve
17bears South 1 degree 52 minutes 49 seconds East, 225.01 feet to
18the south line of said Lot 4; thence North 88 degrees 54
19minutes 55 seconds East along the south line of said Lot 4, a
20distance of 10.00 feet; thence northerly 225.01 feet along a
21curve to the right having a radius of 11355.00 feet, the chord
22of said curve bears North 1 degree 52 minutes 52 seconds West,

 

 

HB5447 Enrolled- 2030 -LRB100 16294 AMC 31417 b

1225.01 feet to the north line of said Lot 4; thence South 88
2degrees 54 minutes 50 seconds West along the north line of said
3Lot 4, a distance 10.00 feet to the point of beginning.
 
4    Said temporary easement containing 0.052 acre, more or
5less.
 
6    Said temporary easement to be used for grading purposes.
 
7    ***
 
8    That part of Lot 2 in Eagle Commercial Center, being a
9resubdivision of Lot 3 in Kaper's West Subdivision, being a
10subdivision of part of the East Half of the Southeast Quarter
11of Section 30, Township 43 North, Range 8 East of the Third
12Principal Meridian, according to the plat of said Eagle
13Commercial Center recorded November 4, 1993 as document number
1493R067593, in McHenry County, Illinois, bearings and distances
15are based on the Illinois Coordinate System, NAD83(2011) East
16Zone, with a combination factor of 0.9999373735, described as
17follows:
 
18    Beginning at the northeast corner of said Lot 2; thence on
19an Illinois Coordinate System NAD 83(2011) East Zone bearing of
20South 1 degree 29 minutes 18 seconds East along the east line
21of said Lot 2, a distance of 240.40 feet (240.45 feet,

 

 

HB5447 Enrolled- 2031 -LRB100 16294 AMC 31417 b

1recorded) to the southeast corner of Lot 2; thence South 88
2degrees 53 minutes 44 seconds West along the south line of said
3Lot 2, a distance of 38.09 feet; thence northerly 182.71 feet
4along a curve to the right having a radius of 11545.00 feet,
5the chord of said curve bears North 0 degrees 51 minutes 15
6seconds West, 182.71 feet to a point of tangency; thence North
70 degrees 24 minutes 03 seconds West, a distance of 57.70 feet
8to the north line of said Lot 2; thence North 88 degrees 54
9minutes 00 seconds East along the north line of said Lot 2, a
10distance of 34.97 feet to the point of beginning.
 
11    Said parcel containing 0.204 acre, more or less.
 
12    ***
 
13    That part of Lot 2 in Eagle Commercial Center, being a
14resubdivision of Lot 3 in Kaper's West Subdivision, being a
15subdivision of part of the East Half of the Southeast Quarter
16of Section 30, Township 43 North, Range 8 East of the Third
17Principal Meridian, according to the plat of said Eagle
18Commercial Center recorded November 4, 1993 as document number
1993R067593, in McHenry County, Illinois, bearings and distances
20are based on the Illinois Coordinate System, NAD 83(2011) East
21Zone, with a combination factor of 0.9999373735, described as
22follows:
 

 

 

HB5447 Enrolled- 2032 -LRB100 16294 AMC 31417 b

1    Commencing at the northeast corner of said Lot 2; thence on
2an Illinois Coordinate System NAD 83(2011) East Zone bearing of
3South 1 degree 29 minutes 18 seconds East along the east line
4of said Lot 2, a distance of 240.40 feet (240.45 feet,
5recorded) to the southeast corner of Lot 2; thence South 88
6degrees 53 minutes 44 seconds West along the south line of said
7Lot 2, a distance of 38.09 feet to the point of beginning;
8thence northerly 182.71 feet along a curve to the right having
9a radius of 11545.00 feet, the chord of said curve bears North
100 degrees 51 minutes 15 seconds West, 182.71 feet to a point of
11tangency; thence North 0 degrees 24 minutes 03 seconds West, a
12distance of 57.70 feet to the north line of said Lot 2; thence
13South 88 degrees 54 minutes 00 seconds West along the north
14line of said Lot 2, a distance of 42.00 feet; thence South 0
15degrees 24 minutes 03 seconds East, a distance of 7.88 feet;
16thence North 89 degrees 35 minutes 57 seconds East, a distance
17of 17.56 feet; thence South 32 degrees 28 minutes 48 seconds
18East, a distance of 27.24 feet; thence southerly 209.06 feet
19along a curve to the left having a radius of 11555.00 feet, the
20chord of said curve bears South 0 degrees 47 minutes 21 seconds
21East, 209.05 feet to the south line of said Lot 2; thence North
2288 degrees 53 minutes 44 seconds East along the south line of
23said Lot 2, a distance of 10.00 feet to the point of beginning.
 
24    Said temporary easement containing 0.065 acre, more or
25less.
 

 

 

HB5447 Enrolled- 2033 -LRB100 16294 AMC 31417 b

1    Said temporary easement to be used for grading purposes.
 
2    ***
 
3    That part of Lot 3 in Kaper's East Subdivision, being a
4subdivision of the West Half of the Southwest Quarter of
5Section 29, Township 43 North, Range 8 East of the Third
6Principal Meridian, according to the plat thereof recorded
7February 28, 1989 as document number 89R005770, in McHenry
8County, Illinois, bearings and distances are based on the
9Illinois Coordinate System, NAD83(2011) East Zone, with a
10combination factor of 0.9999373735, described as follows:
 
11    Beginning at the northwest corner of said Lot 3; thence on
12an Illinois Coordinate System NAD 83(2011) East Zone bearing of
13North 88 degrees 54 minutes 45 seconds East along the north
14line of said Lot 3, a distance of 26.34 feet; thence South 0
15degrees 24 minutes 03 seconds East, a distance of 54.02 feet to
16a point of tangency; thence southerly 180.97 feet along a curve
17to the left having a radius of 11365.00 feet, the chord of said
18curve bears South 0 degrees 51 minutes 25 seconds East, 180.97
19feet to the south line of said Lot 3; thence South 88 degrees
2054 minutes 50 seconds West along the south line of said Lot 3,
21a distance of 25.00 feet to the southwest corner of Lot 3;
22thence North 1 degree 04 minutes 41 seconds West along the west

 

 

HB5447 Enrolled- 2034 -LRB100 16294 AMC 31417 b

1line of said Lot 3, a distance of 234.98 feet (235.00 feet,
2recorded) to the point of beginning.
 
3    Said parcel containing 0.137 acre, more or less.
 
4    ***
 
5    That part of Lot 3 in Kaper's East Subdivision, being a
6subdivision of the West Half of the Southwest Quarter of
7Section 29, Township 43 North, Range 8 East of the Third
8Principal Meridian, according to the plat thereof recorded
9February 28, 1989 as document number 89R005770, in McHenry
10County, Illinois, bearings and distances are based on the
11Illinois Coordinate System, NAD83(2011) East Zone, with a
12combination factor of 0.9999373735, described as follows:
 
13    Commencing at the northwest corner of said Lot 3; thence on
14an Illinois Coordinate System NAD 83(2011) East Zone bearing of
15North 88 degrees 54 minutes 45 seconds East along the north
16line of said Lot 3, a distance of 26.34 feet to the point of
17beginning; thence South 0 degrees 24 minutes 03 seconds East, a
18distance of 54.02 feet to a point of tangency; thence southerly
19180.97 feet along a curve to the left having a radius of
2011365.00 feet, the chord of said curve bears South 0 degrees 51
21minutes 25 seconds East, 180.97 feet to the south line of said
22Lot 3; thence North 88 degrees 54 minutes 50 seconds East along

 

 

HB5447 Enrolled- 2035 -LRB100 16294 AMC 31417 b

1the south line of said Lot 3, a distance of 10.00 feet; thence
2northerly 180.85 feet along a curve to the right having a
3radius of 11355.00 feet, the chord of said curve bears North 0
4degrees 51 minutes 26 seconds West, 180.85 feet to a point of
5tangency; thence North 0 degrees 24 minutes 03 seconds West, a
6distance of 54.14 feet to the north line of said Lot 3; thence
7South 88 degrees 54 minutes 45 seconds West along the north
8line of said Lot 3, a distance of 10.00 feet to the point of
9beginning.
 
10    Said temporary easement containing 0.054 acre, more or
11less.
 
12    Said temporary easement to be used for grading and driveway
13construction purposes.
 
14    ***
 
15    That part of Lot 1, except that part conveyed the County of
16McHenry, a body politic, by trustee's deed recorded April 7,
172003 as document number 2003R0044153, in River Pointe
18Subdivision, being a resubdivision of Lots 1 and 6 in Kaper's
19East Subdivision of the West Half of the Southwest Quarter of
20Section 29, Township 43 North, Range 8 East of the Third
21Principal Meridian, according to the plat of said River Pointe
22Subdivision recorded May 6, 1992 as document number 92R024749,

 

 

HB5447 Enrolled- 2036 -LRB100 16294 AMC 31417 b

1in McHenry County, Illinois, bearings and distances are based
2on the Illinois Coordinate System, NAD83(2011) East Zone, with
3a combination factor of 0.9999373735, described as follows:
 
4    Beginning at the southwest corner of said Lot 1; thence on
5an Illinois Coordinate System NAD 83(2011) East Zone bearing of
6North 1 degree 04 minutes 41 seconds West along the west line
7of said Lot 1, a distance of 5.81 feet (5.86 feet, recorded) to
8an angle point on said west line of Lot 1; thence North 1
9degree 22 minutes 56 seconds West along the west line of said
10Lot 1, a distance of 60.19 feet (60.15 feet, recorded) to a
11north line of Lot 1; thence North 88 degrees 54 minutes 45
12seconds East along a north line of said Lot 1, a distance of
1332.44 feet; thence South 0 degrees 24 minutes 03 seconds East,
14a distance of 66.00 feet to the south line of said Lot 1;
15thence South 88 degrees 54 minutes 45 seconds West along the
16south line of said Lot 1, a distance of 31.34 feet to the point
17of beginning.
 
18    Said parcel containing 0.048 acre, more or less.
 
19    ***
 
20    That part of Lot 1, except that part conveyed the County of
21McHenry, a body politic, by trustee's deed recorded April 7,
222003 as document number 2003R0044153, in River Pointe

 

 

HB5447 Enrolled- 2037 -LRB100 16294 AMC 31417 b

1Subdivision, being a resubdivision of Lots 1 and 6 in Kaper's
2East Subdivision of the West Half of the Southwest Quarter of
3Section 29, Township 43 North, Range 8 East of the Third
4Principal Meridian, according to the plat of said River Pointe
5Subdivision recorded May 6, 1992 as document number 92R024749,
6in McHenry County, Illinois, bearings and distances are based
7on the Illinois Coordinate System, NAD83(2011) East Zone, with
8a combination factor of 0.9999373735, described as follows:
 
9    Beginning at the northeast corner of said Lot 1; thence on
10an Illinois Coordinate System NAD 83(2011) East Zone bearing of
11South 1 degree 06 minutes 06 seconds East along the east line
12of said Lot 1, a distance of 37.18 feet; thence South 89
13degrees 56 minutes 44 seconds West, a distance of 702.82 feet;
14thence South 53 degrees 08 minutes 32 seconds West, a distance
15of 69.22 feet; thence South 0 degrees 24 minutes 03 seconds
16East, a distance of 188.86 feet to a south line of said Lot 1;
17thence South 88 degrees 55 minutes 17 seconds West along a
18south line of said Lot 1, a distance of 36.46 feet to the west
19line of Lot 1; thence North 1 degree 22 minutes 56 seconds West
20along the west line of said Lot 1, a distance of 169.25 feet to
21the easterly right of way line of Randall Road recorded April
227, 2003 as document number 2003R0044153; thence North 11
23degrees 32 minutes 05 seconds East along the said easterly
24right of way line of Randall Road, a distance of 48.39 feet to
25the southeasterly right of way line of Algonquin Road recorded

 

 

HB5447 Enrolled- 2038 -LRB100 16294 AMC 31417 b

1April 7, 2003 as document number 2003R0044153; thence North 53
2degrees 08 minutes 32 seconds East along the said southeasterly
3right of way line of Algonquin Road, a distance of 54.21 feet
4to the south right of way line of said Algonquin Road; thence
5South 89 degrees 54 minutes 57 seconds East along the said
6south right of way line of Algonquin Road, a distance of 549.97
7feet to an angle point on said south right of way line; thence
8North 0 degrees 05 minutes 03 seconds East along said right of
9way line, a distance of 20.71 feet (20.00 feet, recorded) to
10the north line of said Lot 1; thence South 89 degrees 57
11minutes 40 seconds East along the north line of said Lot 1, a
12distance of 193.66 feet to the point of beginning.
 
13    Said parcel containing 0.609 acre, more or less.
 
14    ***
 
15    That part of Lot 1, except that part conveyed the County of
16McHenry, a body politic, by trustee's deed recorded April 7,
172003 as document number 2003R0044153, in River Pointe
18Subdivision, being a resubdivision of Lots 1 and 6 in Kaper's
19East Subdivision of the West Half of the Southwest Quarter of
20Section 29, Township 43 North, Range 8 East of the Third
21Principal Meridian, according to the plat of said River Pointe
22Subdivision recorded May 6, 1992 as document number 92R024749,
23in McHenry County, Illinois, bearings and distances are based

 

 

HB5447 Enrolled- 2039 -LRB100 16294 AMC 31417 b

1on the Illinois Coordinate System, NAD83(2011) East Zone, with
2a combination factor of 0.9999373735, described as follows:
 
3    Commencing at the southwest corner of said Lot 1; thence on
4an Illinois Coordinate System NAD 83(2011) East Zone bearing of
5North 1 degree 04 minutes 41 seconds West along the west line
6of said Lot 1, a distance of 5.81 feet (5.86 feet, recorded) to
7an angle point on said west line of Lot 1; thence North 1
8degree 22 minutes 56 seconds West along the west line of said
9Lot 1, a distance of 60.19 feet (60.15 feet, recorded) to a
10north line of Lot 1; thence North 88 degrees 54 minutes 45
11seconds East along a north line of said Lot 1, a distance of
1232.44 feet to the point of beginning; thence South 0 degrees 24
13minutes 03 seconds East, a distance of 66.00 feet to the south
14line of said Lot 1; thence North 88 degrees 54 minutes 45
15seconds East along the south line of said Lot 1, a distance of
1635.00 feet; thence North 0 degrees 24 minutes 03 seconds West,
17a distance of 66.00 feet to a north line of said Lot 1; thence
18South 88 degrees 54 minutes 45 seconds West along a north line
19of said Lot 1, a distance of 35.00 feet to the point of
20beginning.
 
21    Said temporary easement containing 0.053 acre, more or
22less.
 
23    Said temporary easement to be used for grading and driveway

 

 

HB5447 Enrolled- 2040 -LRB100 16294 AMC 31417 b

1construction purposes.
 
2    ***
 
3    That part of Lot 1, except that part conveyed the County of
4McHenry, a body politic, by trustee's deed recorded April 7,
52003 as document number 2003R0044153, in River Pointe
6Subdivision, being a resubdivision of Lots 1 and 6 in Kaper's
7East Subdivision of the West Half of the Southwest Quarter of
8Section 29, Township 43 North, Range 8 East of the Third
9Principal Meridian, according to the plat of said River Pointe
10Subdivision recorded May 6, 1992 as document number 92R024749,
11in McHenry County, Illinois, bearings and distances are based
12on the Illinois Coordinate System, NAD83(2011) East Zone, with
13a combination factor of 0.9999373735, described as follows:
 
14    Commencing at the northeast corner of said Lot 1; thence on
15an Illinois Coordinate System NAD 83(2011) East Zone bearing of
16South 1 degree 06 minutes 06 seconds East along the east line
17of said Lot 1, a distance of 37.18 feet; thence South 89
18degrees 56 minutes 44 seconds West, a distance of 702.82 feet;
19thence South 53 degrees 08 minutes 32 seconds West, a distance
20of 56.79 feet to the point of beginning; thence continuing
21South 53 degrees 08 minutes 32 seconds West, a distance of
2212.43 feet; thence South 0 degrees 24 minutes 03 seconds East,
23a distance of 188.86 feet to a south line of said Lot 1; thence

 

 

HB5447 Enrolled- 2041 -LRB100 16294 AMC 31417 b

1North 88 degrees 55 minutes 17 seconds East along a south line
2of said Lot 1, a distance of 10.00 feet; thence North 0 degrees
324 minutes 03 seconds West, a distance of 196.12 feet to the
4point of beginning.
 
5    Said temporary easement containing 0.044 acre, more or
6less.
 
7    Said temporary easement to be used for grading purposes.
 
8    ***
 
9    That part of Lot 1, except that part conveyed the County of
10McHenry, a body politic, by trustee's deed recorded April 7,
112003 as document number 2003R0044153, in River Pointe
12Subdivision, being a resubdivision of Lots 1 and 6 in Kaper's
13East Subdivision of the West Half of the Southwest Quarter of
14Section 29, Township 43 North, Range 8 East of the Third
15Principal Meridian, according to the plat of said River Pointe
16Subdivision recorded May 6, 1992 as document number 92R024749,
17in McHenry County, Illinois, bearings and distances are based
18on the Illinois Coordinate System, NAD83(2011) East Zone, with
19a combination factor of 0.9999373735, described as follows:
 
20    Commencing at the northeast corner of said Lot 1; thence on
21an Illinois Coordinate System NAD 83(2011) East Zone bearing of

 

 

HB5447 Enrolled- 2042 -LRB100 16294 AMC 31417 b

1South 1 degree 06 minutes 06 seconds East along the east line
2of said Lot 1, a distance of 37.18 feet to the point of
3beginning; thence South 89 degrees 56 minutes 44 seconds West,
4a distance of 702.82 feet; thence South 53 degrees 08 minutes
532 seconds West, a distance of 33.38 feet; thence North 89
6degrees 56 minutes 44 seconds East, a distance of 92.13 feet;
7thence South 0 degrees 03 minutes 16 seconds East, a distance
8of 15.00 feet; thence North 89 degrees 56 minutes 44 seconds
9East, a distance of 106.31 feet; thence North 0 degrees 03
10minutes 16 seconds West, a distance of 25.00 feet; thence North
1189 degrees 56 minutes 44 seconds East, a distance of 174.66
12feet; thence South 0 degrees 00 minutes 00 seconds East, a
13distance of 15.00 feet; thence North 90 degrees 00 minutes 00
14seconds East, a distance of 98.61 feet; thence North 0 degrees
1500 minutes 00 seconds East, a distance of 15.09 feet; thence
16North 89 degrees 56 minutes 44 seconds East, a distance of
17184.92 feet; thence South 0 degrees 03 minutes 16 seconds East,
18a distance of 25.00 feet; thence North 89 degrees 56 minutes 44
19seconds East, a distance of 73.56 feet to the east line of said
20Lot 1; thence North 1 degree 06 minutes 06 seconds West along
21the east line of said Lot 1, a distance of 35.01 feet to the
22point of beginning.
 
23    Said temporary easement containing 0.320 acre, more or
24less.
 

 

 

HB5447 Enrolled- 2043 -LRB100 16294 AMC 31417 b

1    Said temporary easement to be used for grading, parking lot
2and driveway construction purposes.
 
3    ***
 
4    That part of Lot 2 in Kaper's West Subdivision, being a
5subdivision of the East Half of the Southeast Quarter of
6Section 30, Township 43 North, Range 8 East of the Third
7Principal Meridian, according to the plat thereof recorded
8August 6, 1992 as document number 92R042897, in McHenry County,
9Illinois, bearings and distances are based on the Illinois
10Coordinate System, NAD83(2011) East Zone, with a combination
11factor of 0.9999373735, described as follows:
 
12    Beginning at the southeast corner of said Lot 2; thence on
13an Illinois Coordinate System NAD 83(2011) East Zone bearing of
14South 88 degrees 53 minutes 12 seconds West along the south
15line of said Lot 2, a distance of 33.84 feet; thence North 0
16degrees 24 minutes 03 seconds West, a distance of 287.36 feet
17to the north line of said Lot 2; thence South 89 degrees 59
18minutes 52 seconds East along the north line of said Lot 2, a
19distance of 28.39 feet to the northeast corner of Lot 2; thence
20South 1 degree 29 minutes 18 seconds East along the east line
21of said Lot 2, a distance of 286.79 feet (286.85 feet,
22recorded) to the point of beginning.
 

 

 

HB5447 Enrolled- 2044 -LRB100 16294 AMC 31417 b

1    Said parcel containing 0.205 acre, more or less.
 
2    ***
 
3    That part of Lot 2 in Kaper's West Subdivision, being a
4subdivision of the East Half of the Southeast Quarter of
5Section 30, Township 43 North, Range 8 East of the Third
6Principal Meridian, according to the plat thereof recorded
7August 6, 1992 as document number 92R042897, in McHenry County,
8Illinois, bearings and distances are based on the Illinois
9Coordinate System, NAD83(2011) East Zone, with a combination
10factor of 0.9999373735, described as follows:
 
11    Commencing at the southeast corner of said Lot 2; thence on
12an Illinois Coordinate System NAD 83(2011) East Zone bearing of
13South 88 degrees 53 minutes 12 seconds West along the south
14line of said Lot 2, a distance of 33.84 feet to the point of
15beginning; thence North 0 degrees 24 minutes 03 seconds West, a
16distance of 287.36 feet to the north line of said Lot 2; thence
17North 89 degrees 59 minutes 52 seconds West along the north
18line of said Lot 2, a distance of 40.00 feet; thence South 0
19degrees 24 minutes 03 seconds East, a distance of 40.77 feet;
20thence North 89 degrees 56 minutes 44 seconds East, a distance
21of 30.00 feet; thence South 0 degrees 24 minutes 03 seconds
22East, a distance of 227.38 feet; thence South 89 degrees 56
23minutes 44 seconds West, a distance of 32.00 feet; thence South

 

 

HB5447 Enrolled- 2045 -LRB100 16294 AMC 31417 b

10 degrees 24 minutes 03 seconds East, a distance of 20.03 feet
2to the south line of said Lot 2; thence North 88 degrees 53
3minutes 12 seconds East along the south line of said Lot 2, a
4distance of 42.00 feet to the point of beginning.
 
5    Said temporary easement containing 0.109 acre, more or
6less.
 
7    Said temporary easement to be used for grading and driveway
8construction purposes.
 
9    ***
 
10    That part of Lot 2 in Kaper's East Subdivision, being a
11subdivision of the West Half of the Southwest Quarter of
12Section 29, Township 43 North, Range 8 East of the Third
13Principal Meridian, according to the plat thereof recorded
14February 28, 1989 as document number 89R005770, in McHenry
15County, Illinois, bearings and distances are based on the
16Illinois Coordinate System, NAD83(2011) East Zone, with a
17combination factor of 0.9999373735, described as follows:
 
18    Beginning at the northwest corner of said Lot 2; thence on
19an Illinois Coordinate System NAD 83(2011) East Zone bearing of
20North 88 degrees 55 minutes 17 seconds East along the north
21line of said Lot 2, a distance of 36.46 feet; thence South 0

 

 

HB5447 Enrolled- 2046 -LRB100 16294 AMC 31417 b

1degrees 24 minutes 03 seconds East, a distance of 235.02 feet
2to the south line of said Lot 2; thence South 88 degrees 54
3minutes 45 seconds West along the south line of said Lot 2, a
4distance of 32.44 feet to the southwest corner of Lot 2; thence
5North 1 degree 22 minutes 56 seconds West along the west line
6of said Lot 2, a distance of 235.01 feet to the point of
7beginning.
 
8    Said parcel containing 0.186 acre, more or less.
 
9    ***
 
10    That part of Lot 2 in Kaper's East Subdivision, being a
11subdivision of the West Half of the Southwest Quarter of
12Section 29, Township 43 North, Range 8 East of the Third
13Principal Meridian, according to the plat thereof recorded
14February 28, 1989 as document number 89R005770, in McHenry
15County, Illinois, bearings and distances are based on the
16Illinois Coordinate System, NAD 83(2011) East Zone, with a
17combination factor of 0.9999373735, described as follows:
 
18    Commencing at the northwest corner of said Lot 2; thence on
19an Illinois Coordinate System NAD 83(2011) East Zone bearing of
20North 88 degrees 55 minutes 17 seconds East along the north
21line of said Lot 2, a distance of 36.46 feet to the point of
22beginning; thence South 0 degrees 24 minutes 03 seconds East, a

 

 

HB5447 Enrolled- 2047 -LRB100 16294 AMC 31417 b

1distance of 235.02 feet to the south line of said Lot 2; thence
2North 88 degrees 54 minutes 45 seconds East along the south
3line of said Lot 2, a distance of 35.00 feet; thence North 0
4degrees 24 minutes 03 seconds West, a distance of 19.81 feet;
5thence South 89 degrees 35 minutes 57 seconds West, a distance
6of 25.00 feet; thence North 0 degrees 24 minutes 03 seconds
7West, a distance of 214.90 feet to the north line of said Lot
82; thence South 88 degrees 55 minutes 17 seconds West along the
9north line of said Lot 2, a distance of 10.00 feet to the point
10of beginning.
 
11    Said temporary easement containing 0.065 acre, more or
12less.
 
13    Said temporary easement to be used for grading purposes.
 
14    ***
 
15    That part of Lot 1, except that part of Lot 1 conveyed to
16the County of McHenry by trustee's deed recorded July 24, 2000
17as document number 2000R0039474 and also except that part of
18Lot 1 conveyed to the County of McHenry by warranty deed
19recorded April 10, 2008 as document number 2008R0020772, in
20Montero's Subdivision, being a resubdivision of Lot 4 in Eagle
21Commercial Center, a subdivision of the East Half of the
22Southeast Quarter of Section 30, Township 43 North, Range 8

 

 

HB5447 Enrolled- 2048 -LRB100 16294 AMC 31417 b

1East of the Third Principal Meridian, according to the plat of
2said Montero's Subdivision recorded February 1, 1996 as
3document number 96R005406 and corrected by certificates of
4correction recorded February 27, 1996 as document number
596R009437 and recorded March 20, 1996 as document number
696R013391, in McHenry County, Illinois, bearings and distances
7are based on the Illinois Coordinate System, NAD83(2011) East
8Zone, with a combination factor of 0.9999373735, described as
9follows:
 
10    Commencing at the northeast corner of said Lot 1; thence on
11an Illinois Coordinate System NAD 83(2011) East Zone bearing of
12South 0 degrees 06 minutes 33 seconds East along the east line
13of said Lot 1, a distance of 18.40 feet to the southerly right
14of way line of Algonquin Road recorded July 24, 2000 as
15document number 2000R0039474 and the point of beginning; thence
16continuing South 0 degrees 06 minutes 33 seconds East along the
17east line of said Lot 1, a distance of 15.16 feet to the
18southerly right of way line of Algonquin Road recorded April
1910, 2008 as document number 2008R0020772; thence North 85
20degrees 46 minutes 02 seconds West along the said southerly
21right of way line of Algonquin Road recorded as document number
222008R0020772, a distance of 161.94 feet (162.34 feet, recorded)
23to the west line of said Lot 1; thence North 0 degrees 06
24minutes 24 seconds West along the west line of said Lot 1, a
25distance of 16.64 feet to the said southerly right of way line

 

 

HB5447 Enrolled- 2049 -LRB100 16294 AMC 31417 b

1of Algonquin Road recorded as document number 2000R0039474;
2thence South 85 degrees 14 minutes 54 seconds East along the
3said southerly right of way line of Algonquin Road recorded as
4document number 2000R0039474, a distance of 162.06 feet (162.34
5feet, recorded) to the point of beginning.
 
6    Said parcel containing 0.059 acre, more or less.
 
7    ***
 
8    That part of Lot 1, except that part of Lot 1 conveyed to
9the County of McHenry by trustee's deed recorded July 24, 2000
10as document number 2000R0039474 and also except that part of
11Lot 1 conveyed to the County of McHenry by warranty deed
12recorded April 10, 2008 as document number 2008R0020772, in
13Montero's Subdivision, being a resubdivision of Lot 4 in Eagle
14Commercial Center, a subdivision of the East Half of the
15Southeast Quarter of Section 30, Township 43 North, Range 8
16East of the Third Principal Meridian, according to the plat of
17said Montero's Subdivision recorded February 1, 1996 as
18document number 96R005406 and corrected by certificates of
19correction recorded February 27, 1996 as document number
2096R009437 and recorded March 20, 1996 as document number
2196R013391, in McHenry County, Illinois, bearings and distances
22are based on the Illinois Coordinate System, NAD83(2011) East
23Zone, with a combination factor of 0.9999373735, described as

 

 

HB5447 Enrolled- 2050 -LRB100 16294 AMC 31417 b

1follows:
 
2    Commencing at the northeast corner of said Lot 1; thence on
3an Illinois Coordinate System NAD 83(2011) East Zone bearing of
4South 0 degrees 06 minutes 33 seconds East along the east line
5of said Lot 1, a distance of 33.56 feet to the south right of
6way line of Algonquin Road recorded April 10, 2008 as document
7number 2008R0020772 and the point of beginning; thence
8continuing South 0 degrees 06 minutes 33 seconds East along the
9east line of said Lot 1, a distance of 8.97 feet; thence South
1089 degrees 56 minutes 44 seconds West, a distance of 161.48
11feet to the west line of said Lot 1; thence North 0 degrees 06
12minutes 24 seconds West along the west line of said Lot 1, a
13distance of 6.14 feet to the said south right of way line of
14Algonquin Road; thence North 88 degrees 56 minutes 36 seconds
15East along the said south right of way line of Algonquin Road,
16a distance of 161.50 feet (161.22 feet, recorded) to the point
17of beginning;
 
18    Said parcel containing 0.028 acre, more or less.
 
19    ***
 
20    That part of Lot 1, except that part of Lot 1 conveyed to
21the County of McHenry by trustee's deed recorded July 24, 2000
22as document number 2000R0039474 and also except that part of

 

 

HB5447 Enrolled- 2051 -LRB100 16294 AMC 31417 b

1Lot 1 conveyed to the County of McHenry by warranty deed
2recorded April 10, 2008 as document number 2008R0020772, in
3Montero's Subdivision, being a resubdivision of Lot 4 in Eagle
4Commercial Center, a subdivision of the East Half of the
5Southeast Quarter of Section 30, Township 43 North, Range 8
6East of the Third Principal Meridian, according to the plat of
7said Montero's Subdivision recorded February 1, 1996 as
8document number 96R005406 and corrected by certificates of
9correction recorded February 27, 1996 as document number
1096R009437 and recorded March 20, 1996 as document number
1196R013391, in McHenry County, Illinois, bearings and distances
12are based on the Illinois Coordinate System, NAD83(2011) East
13Zone, with a combination factor of 0.9999373735, described as
14follows:
 
15    Commencing at the northeast corner of said Lot 1; thence on
16an Illinois Coordinate System NAD 83(2011) East Zone bearing of
17South 0 degrees 06 minutes 33 seconds East along the east line
18of said Lot 1, a distance of 33.56 feet to the south right of
19way line of Algonquin Road recorded April 10, 2008 as document
20number 2008R0020772; thence continuing South 0 degrees 06
21minutes 33 seconds East along the east line of said Lot 1, a
22distance of 8.97 feet to the point of beginning; thence South
2389 degrees 56 minutes 44 seconds West, a distance of 161.48
24feet to the west line of said Lot 1; thence South 0 degrees 06
25minutes 24 seconds East along the west line of said Lot 1, a

 

 

HB5447 Enrolled- 2052 -LRB100 16294 AMC 31417 b

1distance of 12.00 feet; thence North 89 degrees 56 minutes 44
2seconds East, a distance of 161.48 feet to the east line of
3said Lot 1; thence North 0 degrees 06 minutes 33 seconds West
4along the east line of said Lot 1, a distance of 12.00 feet to
5the point of beginning;
 
6    Said temporary easement containing 0.044 acre, more or
7less.
 
8    Said temporary easement to be used for grading and driveway
9construction purposes.
 
10    ***
 
11    That part of Lot 1 in Resubdivision of Lot 1 - Eagle
12Commercial Center, being a subdivision of part of the East Half
13of the Southeast Quarter of Section 30, Township 43 North,
14Range 8 East of the Third Principal Meridian, according to the
15plat thereof recorded November 30, 1995 as document number
1695R052639 and corrected by affidavits recorded July 11, 1996 as
17document number 96R035878 and recorded December 17, 1996 as
18document number 96R063597, in McHenry County, Illinois,
19bearings and distances are based on the Illinois Coordinate
20System, NAD83(2011) East Zone, with a combination factor of
210.9999373735, described as follows:
 

 

 

HB5447 Enrolled- 2053 -LRB100 16294 AMC 31417 b

1    Beginning at the northeast corner of said Lot 1; thence on
2an Illinois Coordinate System NAD 83(2011) East Zone bearing of
3South 0 degrees 58 minutes 48 seconds East along the east line
4of said Lot 1, a distance of 28.90 feet; thence South 89
5degrees 56 minutes 44 seconds West, a distance of 94.33 feet;
6thence South 0 degrees 00 minutes 00 seconds East, a distance
7of 6.41 feet; thence North 90 degrees 00 minutes 00 seconds
8West, a distance of 69.42 feet; thence North 0 degrees 00
9minutes 00 seconds East, a distance of 15.17 feet; thence South
1089 degrees 11 minutes 30 seconds West, a distance 216.28 feet
11to the west line of said Lot 1; thence North 1 degree 30
12minutes 47 seconds West along the west line of said Lot 1, a
13distance of 23.35 feet to the northwest corner of Lot 1; thence
14South 89 degrees 59 minutes 28 seconds East along the north
15line of said Lot 1, a distance of 380.14 feet (380.19 feet,
16recorded) to the point of beginning.
 
17    Said parcel containing 0.227 acre, more or less.
 
18    ***
 
19    That part of Lot 1 in Resubdivision of Lot 1 - Eagle
20Commercial Center, being a subdivision of part of the East Half
21of the Southeast Quarter of Section 30, Township 43 North,
22Range 8 East of the Third Principal Meridian, according to the
23plat thereof recorded November 30, 1995 as document number

 

 

HB5447 Enrolled- 2054 -LRB100 16294 AMC 31417 b

195R052639 and corrected by affidavits recorded July 11, 1996 as
2document number 96R035878 and recorded December 17, 1996 as
3document number 96R063597, in McHenry County, Illinois,
4bearings and distances are based on the Illinois Coordinate
5System, NAD83(2011) East Zone, with a combination factor of
60.9999373735, described as follows:
 
7    Commencing at the northeast corner of said Lot 1; thence on
8an Illinois Coordinate System NAD 83(2011) East Zone bearing of
9South 0 degrees 58 minutes 48 seconds East along the east line
10of said Lot 1, a distance of 28.90 feet to the point of
11beginning; thence South 89 degrees 56 minutes 44 seconds West,
12a distance of 94.33 feet; thence South 0 degrees 00 minutes 00
13seconds East, a distance of 6.41 feet; thence North 90 degrees
1400 minutes 00 seconds West, a distance of 69.42 feet; thence
15North 0 degrees 00 minutes 00 seconds East, a distance of 15.17
16feet; thence South 89 degrees 11 minutes 30 seconds West, a
17distance 216.28 feet to the west line of said Lot 1; thence
18South 1 degree 30 minutes 47 seconds East along the west line
19of said Lot 1, a distance of 56.12 feet; thence North 90
20degrees 00 minutes 00 seconds East, a distance of 34.77 feet;
21thence North 0 degrees 03 minutes 16 seconds West, a distance
22of 30.16 feet; thence North 89 degrees 56 minutes 44 seconds
23East, a distance of 344.13 feet to the east line of said Lot 1;
24thence North 0 degrees 58 minutes 48 seconds West along the
25east line of said Lot 1, a distance of 20.00 feet to the point

 

 

HB5447 Enrolled- 2055 -LRB100 16294 AMC 31417 b

1of beginning.
 
2    Said temporary easement containing 0.225 acre, more or
3less.
 
4    Said temporary easement to be used for grading and parking
5lot construction purposes.
 
6    ***
 
7    That part of Lot 1, except that part of Lot 1 conveyed to
8the County of McHenry by special warranty deed recorded
9February 26, 2001 as document number 2001R0010880, in Kaper's
10West Subdivision, being a subdivision of the East Half of the
11Southeast Quarter of Section 30, Township 43 North, Range 8
12East of the Third Principal Meridian, according to the plat
13thereof recorded August 6, 1992 as document number 92R042897,
14in McHenry County, Illinois, bearings and distances are based
15on the Illinois Coordinate System, NAD83(2011) East Zone, with
16a combination factor of 0.9999373735, described as follows:
 
17    Beginning at the southeast corner of said Lot 1; thence on
18an Illinois Coordinate System NAD 83(2011) East Zone bearing of
19North 89 degrees 59 minutes 52 seconds West along the south
20line of said Lot 1, a distance of 28.39 feet; thence North 0
21degrees 24 minutes 03 seconds West, a distance of 144.19 feet;

 

 

HB5447 Enrolled- 2056 -LRB100 16294 AMC 31417 b

1thence North 41 degrees 13 minutes 58 seconds West, a distance
2of 76.89 feet; thence South 89 degrees 56 minutes 44 seconds
3West, a distance of 133.22 feet to the west line of said Lot 1;
4thence North 1 degree 29 minutes 39 seconds West along the west
5line of said Lot 1, a distance of 8.05 feet to the south right
6of way line of Algonquin Road recorded February 26, 2001 as
7document number 2001R0010880; thence South 89 degrees 59
8minutes 28 seconds East along the said south right of way line
9of Algonquin Road, a distance of 152.35 feet (152.37 feet,
10recorded) to the northeasterly line of said Lot 1; thence South
1142 degrees 40 minutes 15 seconds East along the northeasterly
12line of said Lot 1, a distance of 84.56 feet to the east line of
13Lot 1; thence South 1 degree 29 minutes 18 seconds East along
14the east line of said Lot 1, a distance of 147.77 feet (147.80
15feet, recorded) to the point of beginning.
 
16    Said parcel containing 0.154 acre, more or less.
 
17    ***
 
18    That part of Lot 1, except that part of Lot 1 conveyed to
19the County of McHenry by special warranty deed recorded
20February 26, 2001 as document number 2001R0010880, in Kaper's
21West Subdivision, being a subdivision of the East Half of the
22Southeast Quarter of Section 30, Township 43 North, Range 8
23East of the Third Principal Meridian, according to the plat

 

 

HB5447 Enrolled- 2057 -LRB100 16294 AMC 31417 b

1thereof recorded August 6, 1992 as document number 92R042897,
2in McHenry County, Illinois, bearings and distances are based
3on the Illinois Coordinate System, NAD83(2011) East Zone, with
4a combination factor of 0.9999373735, described as follows:
 
5    Commencing at the southeast corner of said Lot 1; thence on
6an Illinois Coordinate System NAD 83(2011) East Zone bearing of
7North 89 degrees 59 minutes 52 seconds West along the south
8line of said Lot 1, a distance of 28.39 feet; thence North 0
9degrees 24 minutes 03 seconds West, a distance of 144.19 feet;
10thence North 41 degrees 13 minutes 58 seconds West, a distance
11of 55.46 feet to the point of beginning; thence continuing
12North 41 degrees 13 minutes 58 seconds West, a distance of
1321.43 feet; thence South 89 degrees 56 minutes 44 seconds West,
14a distance of 133.22 feet to the west line of said Lot 1;
15thence South 1 degree 29 minutes 39 seconds East along the west
16line of said Lot 1, a distance of 12.56 feet; thence North 89
17degrees 56 minutes 44 seconds East, a distance of 125.35 feet
18to a point of curvature; thence easterly 10.22 feet along a
19curve to the right having a radius of 48.02 feet, the chord of
20said curve bears South 83 degrees 57 minutes 29 seconds East,
2110.20 feet to a point of tangency; thence South 77 degrees 51
22minutes 42 seconds East, a distance of 11.78 feet to the point
23of beginning.
 
24    Said permanent easement containing 0.041 acre, more or

 

 

HB5447 Enrolled- 2058 -LRB100 16294 AMC 31417 b

1less.
 
2    Said permanent easement to be used for highway purposes.
 
3    ***
 
4    That part of Lot 1, except that part of Lot 1 conveyed to
5the County of McHenry by special warranty deed recorded
6February 26, 2001 as document number 2001R0010880, in Kaper's
7West Subdivision, being a subdivision of the East Half of the
8Southeast Quarter of Section 30, Township 43 North, Range 8
9East of the Third Principal Meridian, according to the plat
10thereof recorded August 6, 1992 as document number 92R042897,
11in McHenry County, Illinois, bearings and distances are based
12on the Illinois Coordinate System, NAD83(2011) East Zone, with
13a combination factor of 0.9999373735, described as follows:
 
14    Commencing at the southeast corner of said Lot 1; thence on
15an Illinois Coordinate System NAD 83(2011) East Zone bearing of
16North 89 degrees 59 minutes 52 seconds West along the south
17line of said Lot 1, a distance of 28.39 feet to the point of
18beginning; thence North 0 degrees 24 minutes 03 seconds West, a
19distance of 144.19 feet; thence North 41 degrees 13 minutes 58
20seconds West, a distance of 15.29 feet; thence South 0 degrees
2124 minutes 03 seconds East, a distance of 106.76 feet; thence
22South 89 degrees 56 minutes 44 seconds West, a distance of

 

 

HB5447 Enrolled- 2059 -LRB100 16294 AMC 31417 b

130.00 feet; thence South 0 degrees 24 minutes 03 seconds East,
2a distance of 48.90 feet to the south line of said Lot 1;
3thence South 89 degrees 59 minutes 52 seconds East along the
4south line of said Lot 1, a distance of 40.00 feet to the point
5of beginning.
 
6    Said temporary easement containing 0.068 acre, more or
7less.
 
8    Said temporary easement to be used for grading and driveway
9construction purposes.
 
10    ***
 
11    That part of Lot 1, except that part of Lot 1 conveyed to
12the County of McHenry by special warranty deed recorded
13February 26, 2001 as document number 2001R0010880, in Kaper's
14West Subdivision, being a subdivision of the East Half of the
15Southeast Quarter of Section 30, Township 43 North, Range 8
16East of the Third Principal Meridian, according to the plat
17thereof recorded August 6, 1992 as document number 92R042897,
18in McHenry County, Illinois, bearings and distances are based
19on the Illinois Coordinate System, NAD83(2011) East Zone, with
20a combination factor of 0.9999373735, described as follows:
 
21    Commencing at the southeast corner of said Lot 1; thence on

 

 

HB5447 Enrolled- 2060 -LRB100 16294 AMC 31417 b

1an Illinois Coordinate System NAD 83(2011) East Zone bearing of
2North 89 degrees 59 minutes 52 seconds West along the south
3line of said Lot 1, a distance of 28.39 feet; thence North 0
4degrees 24 minutes 03 seconds West, a distance of 144.19 feet;
5thence North 41 degrees 13 minutes 58 seconds West, a distance
6of 49.56 feet to the point of beginning; thence South 89
7degrees 56 minutes 44 seconds West, a distance of 150.69 feet
8to the west line of said Lot 1; thence North 1 degree 29
9minutes 39 seconds West along the west line of said Lot 1, a
10distance of 8.01 feet; thence North 89 degrees 56 minutes 44
11seconds East, a distance of 125.35 feet to a point of
12curvature; thence easterly 10.22 feet along a curve to the
13right having a radius of 48.02 feet, the chord of said curve
14bears South 83 degrees 57 minutes 29 seconds East, 10.20 feet
15to a point of tangency; thence South 77 degrees 51 minutes 42
16seconds East, a distance of 11.78 feet; thence South 41 degrees
1713 minutes 58 seconds East, a distance of 5.90 feet to the
18point of beginning.
 
19    Said temporary easement containing 0.027 acre, more or
20less.
 
21    Said temporary easement to be used for construction
22purposes.
 
23    ***
 

 

 

HB5447 Enrolled- 2061 -LRB100 16294 AMC 31417 b

1    That part of Lot 1 in Oakridge Business Center, being a
2resubdivision of Lot 7 and that part of vacated Crystal Lake
3Road adjacent to said Lot 7 lying North of the south line
4extended East, in Kaper's East Subdivision, being a subdivision
5of the West Half of the Southwest Quarter of Section 29,
6Township 43 North, Range 8 East of the Third Principal
7Meridian, according to the plat of said Oakridge Business
8Center recorded September 15, 1998 as document number
91998R0061102, in McHenry County, Illinois, bearings and
10distances are based on the Illinois Coordinate System,
11NAD83(2011) East Zone, with a combination factor of
120.9999373735, described as follows:
 
13    Beginning at the northwest corner of said Lot 1; thence on
14an Illinois Coordinate System NAD 83(2011) East Zone bearing of
15South 89 degrees 57 minutes 40 seconds East along the north
16line of said Lot 1, a distance of 177.11 feet (177.13 feet,
17recorded) to the northeast corner of Lot 1; thence South 0
18degrees 01 minute 48 seconds West along the east line of said
19Lot 1, a distance of 21.88 feet; thence South 89 degrees 56
20minutes 44 seconds West, a distance of 176.67 feet to the west
21line of said Lot 1; thence North 1 degree 06 minutes 06 seconds
22West along the west line of said Lot 1, a distance of 22.18
23feet to the point of beginning.
 

 

 

HB5447 Enrolled- 2062 -LRB100 16294 AMC 31417 b

1    Said parcel containing 0.089 acre, more or less.
 
2    ***
 
3    That part of Lot 1 in Oakridge Business Center, being a
4resubdivision of Lot 7 and that part of vacated Crystal Lake
5Road adjacent to said Lot 7 lying North of the south line
6extended East, in Kaper's East Subdivision, being a subdivision
7of the West Half of the Southwest Quarter of Section 29,
8Township 43 North, Range 8 East of the Third Principal
9Meridian, according to the plat of said Oakridge Business
10Center recorded September 15, 1998 as document number
111998R0061102, in McHenry County, Illinois, bearings and
12distances are based on the Illinois Coordinate System,
13NAD83(2011) East Zone, with a combination factor of
140.9999373735, described as follows:
 
15    Commencing at the northwest corner of said Lot 1; thence on
16an Illinois Coordinate System NAD 83(2011) East Zone bearing of
17South 89 degrees 57 minutes 40 seconds East along the north
18line of said Lot 1, a distance of 177.11 feet (177.13 feet,
19recorded) to the northeast corner of Lot 1; thence South 0
20degrees 01 minute 48 seconds West along the east line of said
21Lot 1, a distance of 21.88 feet to the point of beginning;
22thence South 89 degrees 56 minutes 44 seconds West, a distance
23of 176.67 feet to the west line of said Lot 1; thence South 1

 

 

HB5447 Enrolled- 2063 -LRB100 16294 AMC 31417 b

1degree 06 minutes 06 seconds East along the west line of said
2Lot 1, a distance of 6.86 feet; thence North 90 degrees 00
3minutes 00 seconds East, a distance of 145.33 feet; thence
4South 0 degrees 00 minutes 00 seconds East, a distance of 25.00
5feet; thence North 90 degrees 00 minutes 00 seconds East, a
6distance of 31.19 feet to the east line of said Lot 1; thence
7North 0 degrees 01 minutes 48 seconds East along the east line
8of said Lot 1, a distance of 32.02 feet to the point of
9beginning.
 
10    Said temporary easement containing 0.046 acre, more or
11less.
 
12    Said temporary easement to be used for grading and parking
13lot construction purposes.
 
14    ***
 
15    That part of Lot 2 in Oakridge Business Center, being a
16resubdivision of Lot 7 and that part of vacated Crystal Lake
17Road adjacent to said Lot 7 lying North of the south line
18extended East, in Kaper's East Subdivision, being a subdivision
19of the West Half of the Southwest Quarter of Section 29,
20Township 43 North, Range 8 East of the Third Principal
21Meridian, according to the plat of said Oakridge Business
22Center recorded September 15, 1998 as document number

 

 

HB5447 Enrolled- 2064 -LRB100 16294 AMC 31417 b

11998R0061102, in McHenry County, Illinois, bearings and
2distances are based on the Illinois Coordinate System,
3NAD83(2011) East Zone, with a combination factor of
40.9999373735, described as follows:
 
5    Beginning at the northeast corner of said Lot 2; thence on
6an Illinois Coordinate System NAD 83(2011) East Zone bearing of
7South 0 degrees 01 minute 46 seconds West along the east line
8of said Lot 2, a distance of 21.65 feet; thence South 89
9degrees 56 minutes 44 seconds West, a distance of 140.68 feet
10to the west line of said Lot 2; thence North 0 degrees 01
11minute 48 seconds East along the west line of said Lot 2, a
12distance of 21.88 feet to the northwest corner of Lot 2; thence
13South 89 degrees 57 minutes 40 seconds East along the north
14line of said Lot 2, a distance of 140.68 feet (140.70 feet,
15recorded) to the point of beginning.
 
16    Said parcel containing 0.070 acre, more or less.
 
17    ***
 
18    That part of Lot 2 in Oakridge Business Center, being a
19resubdivision of Lot 7 and that part of vacated Crystal Lake
20Road adjacent to said Lot 7 lying North of the south line
21extended East, in Kaper's East Subdivision, being a subdivision
22of the West Half of the Southwest Quarter of Section 29,

 

 

HB5447 Enrolled- 2065 -LRB100 16294 AMC 31417 b

1Township 43 North, Range 8 East of the Third Principal
2Meridian, according to the plat of said Oakridge Business
3Center recorded September 15, 1998 as document number
41998R0061102, in McHenry County, Illinois, bearings and
5distances are based on the Illinois Coordinate System,
6NAD83(2011) East Zone, with a combination factor of
70.9999373735, described as follows:
 
8    Commencing at the northeast corner of said Lot 2; thence on
9an Illinois Coordinate System NAD 83(2011) East Zone bearing of
10South 0 degrees 01 minute 46 seconds West along the east line
11of said Lot 2, a distance of 21.65 feet; thence South 89
12degrees 56 minutes 44 seconds West, a distance of 67.72 feet to
13the point of beginning; thence South 0 degrees 00 minutes 00
14seconds East, a distance of 32.10 feet; thence North 90 degrees
1500 minutes 00 seconds West, a distance of 72.98 feet to the
16west line of said Lot 2; thence North 0 degrees 01 minute 48
17seconds East along the west line of said Lot 2, a distance of
1832.02 feet; thence North 89 degrees 56 minutes 44 seconds East,
19a distance of 72.96 feet to the point of beginning.
 
20    Said temporary easement containing 0.054 acre, more or
21less.
 
22    Said temporary easement to be used for grading, driveway
23and parking lot construction.
 

 

 

HB5447 Enrolled- 2066 -LRB100 16294 AMC 31417 b

1    ***
 
2    That part of Lot 3 in Oakridge Business Center, being a
3resubdivision of Lot 7 and that part of vacated Crystal Lake
4Road adjacent to said Lot 7 lying North of the south line
5extended East, in Kaper's East Subdivision, being a subdivision
6of the West Half of the Southwest Quarter of Section 29,
7Township 43 North, Range 8 East of the Third Principal
8Meridian, according to the plat of said Oakridge Business
9Center recorded September 15, 1998 as document number
101998R0061102, in McHenry County, Illinois, bearings and
11distances are based on the Illinois Coordinate System,
12NAD83(2011) East Zone, with a combination factor of
130.9999373735, described as follows:
 
14    Beginning at the northeast corner of said Lot 3; thence on
15an Illinois Coordinate System NAD 83(2011) East Zone bearing of
16South 1 degree 42 minutes 22 seconds West along the east line
17of said Lot 3, a distance of 21.36 feet; thence South 89
18degrees 56 minutes 44 seconds West, a distance of 183.76 feet
19to the west line of said Lot 3; thence North 0 degrees 01
20minute 46 seconds East along the west line of said Lot 3, a
21distance of 21.65 feet to the northwest corner of Lot 3; thence
22South 89 degrees 57 minutes 40 seconds East along the north
23line of said Lot 3, a distance of 184.38 feet (184.40 feet,

 

 

HB5447 Enrolled- 2067 -LRB100 16294 AMC 31417 b

1recorded) to the point of beginning.
 
2    Said parcel containing 0.091 acre, more or less.
 
3    ***
 
4    That part of Lot 3 in Oakridge Business Center, being a
5resubdivision of Lot 7 and that part of vacated Crystal Lake
6Road adjacent to said Lot 7 lying North of the south line
7extended East, in Kaper's East Subdivision, being a subdivision
8of the West Half of the Southwest Quarter of Section 29,
9Township 43 North, Range 8 East of the Third Principal
10Meridian, according to the plat of said Oakridge Business
11Center recorded September 15, 1998 as document number
121998R0061102, in McHenry County, Illinois, bearings and
13distances are based on the Illinois Coordinate System, NAD
1483(2011) East Zone, with a combination factor of 0.9999373735,
15described as follows:
 
16    Commencing at the northeast corner of said Lot 3; thence on
17an Illinois Coordinate System NAD 83(2011) East Zone bearing of
18South 1 degree 42 minutes 22 seconds West along the east line
19of said Lot 3, a distance of 21.36 feet to the point of
20beginning; thence South 89 degrees 56 minutes 44 seconds West,
21a distance of 67.41 feet; thence South 0 degrees 03 minutes 16
22seconds East, a distance of 59.60 feet; thence North 89 degrees

 

 

HB5447 Enrolled- 2068 -LRB100 16294 AMC 31417 b

156 minutes 44 seconds East, a distance of 24.76 feet; thence
2South 0 degrees 03 minutes 16 seconds East, a distance of
3143.35 feet; thence North 89 degrees 56 minutes 44 seconds
4East, a distance of 36.42 feet to the east line of said Lot 3;
5thence North 1 degree 42 minutes 22 seconds East along the east
6line of said Lot 3, a distance of 203.05 feet to the point of
7beginning.
 
8    Said temporary easement containing 0.218 acre, more or
9less.
 
10    Said temporary easement to be used for grading and driveway
11construction purposes.
 
12    ***
 
13    That part of the Southeast Quarter of the Northeast Quarter
14of Section 30, Township 43 North, Range 8 East of the Third
15Principal Meridian, in McHenry County, Illinois, bearings and
16distances are based on the Illinois Coordinate System,
17NAD83(2011) East Zone, with a combination factor of
180.9999373735, described as follows:
 
19    Commencing at a point on the west right of way line of
20Randall Road recorded October 31, 1969 as document number
21516648, said point being 1979.91 feet (1980.02 feet, recorded)

 

 

HB5447 Enrolled- 2069 -LRB100 16294 AMC 31417 b

1South of the north line of the Northeast Quarter of said
2Section 30, being also the southeast corner of Lot 1 in Govnors
3Subdivision, according to the plat thereof recorded March 20,
42001 as document number 2001R0016624; thence on an Illinois
5Coordinate System NAD 83(2011) East Zone bearing of South 89
6degrees 40 minutes 50 seconds West along the south line of Lot
71 in said Govnors Subdivision, a distance of 502.96 feet to a
8point of intersection with the Northerly extension of the east
9line of a special warranty deed recorded October 16, 2001 as
10document 2001R0077343; thence South 0 degrees 15 minutes 16
11seconds East along the east line of said special warranty deed
12and along the Northerly extension thereof, a distance of 567.70
13feet to the point of beginning; thence continuing South 0
14degrees 15 minutes 16 seconds East along the east line of the
15grantor according to said special warranty deed, a distance of
1620.08 feet to the north right of way line of Algonquin Road
17recorded August 20, 1999 as document number 1999R0059231;
18thence South 89 degrees 38 minutes 26 seconds West along the
19said north right of way line of Algonquin Road, a distance of
20318.62 feet to the northerly right of way line of Algonquin
21Road recorded November 16, 2006 as document number
222006R0084532; thence North 87 degrees 05 minutes 48 seconds
23West along the said northerly right of way line of Algonquin
24Road, a distance of 173.29 feet (172.76 feet, recorded) to the
25west line of the grantor according to said special warranty
26deed; thence North 0 degrees 07 minutes 52 seconds East along

 

 

HB5447 Enrolled- 2070 -LRB100 16294 AMC 31417 b

1the west line of the grantor according to said special warranty
2deed, a distance of 12.84 feet; thence North 89 degrees 56
3minutes 44 seconds East, a distance of 491.57 feet to the point
4of beginning.
 
5    Said parcel containing 0.222 acre, more or less.
 
6    ***
 
7    That part of the Southeast Quarter of the Northeast Quarter
8of Section 30, Township 43 North, Range 8 East of the Third
9Principal Meridian, in McHenry County, Illinois, bearings and
10distances are based on the Illinois Coordinate System,
11NAD83(2011) East Zone, with a combination factor of
120.9999373735, described as follows:
 
13    Commencing at a point on the west right of way line of
14Randall Road recorded October 31, 1969 as document number
15516648, said point being 1979.91 feet (1980.02 feet, recorded)
16South of the north line of the Northeast Quarter of said
17Section 30, being also the southeast corner of Lot 1 in Govnors
18Subdivision, according to the plat thereof recorded March 20,
192001 as document number 2001R0016624; thence on an Illinois
20Coordinate System NAD 83(2011) East Zone bearing of South 89
21degrees 40 minutes 50 seconds West along the south line of Lot
221 in said Govnors Subdivision, a distance of 502.96 feet to a

 

 

HB5447 Enrolled- 2071 -LRB100 16294 AMC 31417 b

1point of intersection with the Northerly extension of the east
2line of a special warranty deed recorded October 16, 2001 as
3document 2001R0077343; thence South 0 degrees 15 minutes 16
4seconds East along the east line of said special warranty deed
5and along the Northerly extension thereof, a distance of 587.78
6feet to the north right of way line of Algonquin Road recorded
7August 20, 1999 as document number 1999R0059231; thence South
889 degrees 38 minutes 26 seconds West along the said north
9right of way line of Algonquin Road, a distance of 318.62 feet
10to the northerly right of way line of Algonquin Road recorded
11November 16, 2006 as document number 2006R0084532; thence North
1287 degrees 05 minutes 48 seconds West along the said northerly
13right of way line of Algonquin Road, a distance of 173.29 feet
14(172.76 feet, recorded) to the west line of the grantor
15according to said special warranty deed; thence North 0 degrees
1607 minutes 52 seconds East along the west line of the grantor
17according to said special warranty deed, a distance of 12.84
18feet; thence North 89 degrees 56 minutes 44 seconds East, a
19distance of 335.39 feet to the point of beginning; thence
20continuing North 89 degrees 56 minutes 44 seconds East, a
21distance of 120.00 feet; thence North 0 degrees 03 minutes 16
22seconds West, a distance of 50.00 feet; thence South 89 degrees
2356 minutes 44 seconds West, a distance of 120.00 feet; thence
24South 0 degrees 03 minutes 16 seconds East, a distance of 50.00
25feet to the point of beginning.
 

 

 

HB5447 Enrolled- 2072 -LRB100 16294 AMC 31417 b

1    Said temporary easement containing 0.138 acre, more or
2less.
 
3    Said temporary easement to be used for grading and driveway
4construction purposes.
 
5    ***
 
6    That part of the Southeast Quarter of the Northeast Quarter
7of Section 30, Township 43 North, Range 8 East of the Third
8Principal Meridian, in McHenry County, Illinois, bearings and
9distances are based on the Illinois Coordinate System, NAD
1083(2011) East Zone, with a combination factor of 0.9999373735,
11described as follows:
 
12    Beginning at a point on the west right of way line of
13Randall Road recorded October 31, 1969 as document number
14516648, said point being 1979.91 feet (1980.02 feet, recorded)
15South of the north line of the Northeast Quarter of said
16Section 30, being also the southeast corner of Lot 1 in Govnors
17Subdivision, according to the plat thereof recorded March 20,
182001 as document number 2001R0016624 and the northeast corner
19of trustee's deed and deed in trust recorded October 17, 1994
20as document number 94R059510; thence on an Illinois Coordinate
21System NAD 83(2011) East Zone bearing of South 0 degrees 23
22minutes 56 seconds East along the said west right of way line

 

 

HB5447 Enrolled- 2073 -LRB100 16294 AMC 31417 b

1of Randall Road, a distance of 542.00 feet to the northwesterly
2right of way line of Algonquin Road according to Judgment
3Order, Case Number 00 ED 9, filed April 22, 2003 in the Circuit
4Court of the Nineteenth Judicial Circuit, McHenry County,
5Illinois; thence South 63 degrees 24 minutes 49 seconds West
6along the said northwesterly right of way line of Algonquin
7Road, a distance of 82.45 feet (82.05 feet, recorded) to the
8north right of way line of Algonquin Road; thence South 89
9degrees 38 minutes 26 seconds West along the north right of way
10line of Algonquin Road according to said Judgment Order, Case
11Number 00 ED 9, a distance of 161.98 feet to an angle point on
12said north right of way line; thence South 0 degrees 21 minutes
1334 seconds East, a distance of 9.00 feet to an angle point on
14the north right of way line of Algonquin Road; thence South 89
15degrees 38 minutes 26 seconds West along the north right of way
16line of Algonquin Road according to said Judgment Order, Case
17Number 00 ED 9, a distance of 268.47 feet to west line of the
18grantor according to said trustee's deed and deed in trust
19recorded October 17, 1994 as document number 94R059510; thence
20North 0 degrees 15 minutes 16 seconds West along the west line
21of the grantor according to said trustee's deed and deed in
22trust, a distance of 18.08 feet; thence North 89 degrees 56
23minutes 44 seconds East, a distance of 228.82 feet; thence
24North 0 degrees 03 minutes 16 seconds West, a distance of 3.00
25feet; thence North 89 degrees 56 minutes 44 seconds East, a
26distance of 191.00 feet; thence North 0 degrees 03 minutes 16

 

 

HB5447 Enrolled- 2074 -LRB100 16294 AMC 31417 b

1seconds West, a distance of 16.00 feet; thence North 89 degrees
256 minutes 44 seconds East, a distance of 29.00 feet; thence
3North 42 degrees 08 minutes 13 seconds East, a distance of
426.57 feet; thence North 0 degrees 24 minutes 03 seconds West,
5a distance of 395.00 feet; thence North 89 degrees 35 minutes
657 seconds East, a distance of 17.00 feet; thence North 0
7degrees 24 minutes 03 seconds West, a distance of 138.15 feet
8to the north line of the grantor according to said trustee's
9deed and deed in trust; thence North 89 degrees 40 minutes 50
10seconds East along the north line of the grantor according to
11said trustee's deed and deed in trust, a distance of 20.53 feet
12to the point of beginning.
 
13    Said parcel containing 0.591 acre, more or less.
 
14    ***
 
15    That part of the Southeast Quarter of the Northeast Quarter
16of Section 30, Township 43 North, Range 8 East of the Third
17Principal Meridian, in McHenry County, Illinois, bearings and
18distances are based on the Illinois Coordinate System, NAD
1983(2011) East Zone, with a combination factor of 0.9999373735,
20described as follows:
 
21    Commencing at a point on the west right of way line of
22Randall Road recorded October 31, 1969 as document number

 

 

HB5447 Enrolled- 2075 -LRB100 16294 AMC 31417 b

1516648, said point being 1979.91 feet (1980.02 feet, recorded)
2South of the north line of the Northeast Quarter of said
3Section 30, being also the southeast corner of Lot 1 in Govnors
4Subdivision, according to the plat thereof recorded March 20,
52001 as document number 2001R0016624 and the northeast corner
6of trustee's deed and deed in trust recorded October 17, 1994
7as document number 94R059510; thence on an Illinois Coordinate
8System NAD 83(2011) East Zone bearing of South 0 degrees 23
9minutes 56 seconds East along the said west right of way line
10of Randall Road, a distance of 542.00 feet to the northwesterly
11right of way line of Algonquin Road according to Judgment
12Order, Case Number 00 ED 9, filed April 22, 2003 in the Circuit
13Court of the Nineteenth Judicial Circuit, McHenry County,
14Illinois; thence South 63 degrees 24 minutes 49 seconds West
15along the said northwesterly right of way line of Algonquin
16Road, a distance of 82.45 feet (82.05 feet, recorded) to the
17north right of way line of Algonquin Road; thence South 89
18degrees 38 minutes 26 seconds West along the north right of way
19line of Algonquin Road according to said Judgment Order, Case
20Number 00 ED 9, a distance of 161.98 feet to an angle point on
21said north right of way line; thence South 0 degrees 21 minutes
2234 seconds East, a distance of 9.00 feet to an angle point on
23the north right of way line of Algonquin Road; thence South 89
24degrees 38 minutes 26 seconds West along the north right of way
25line of Algonquin Road according to said Judgment Order, Case
26Number 00 ED 9, a distance of 268.47 feet to west line of the

 

 

HB5447 Enrolled- 2076 -LRB100 16294 AMC 31417 b

1grantor according to said trustee's deed and deed in trust
2recorded October 17, 1994 as document number 94R059510; thence
3North 0 degrees 15 minutes 16 seconds West along the west line
4of the grantor according to said trustee's deed and deed in
5trust, a distance of 18.08 feet; thence North 89 degrees 56
6minutes 44 seconds East, a distance of 183.82 feet to the point
7of beginning; thence continuing North 89 degrees 56 minutes 44
8seconds East, a distance of 45.00 feet; thence North 0 degrees
903 minutes 16 seconds West, a distance of 3.00 feet; thence
10North 89 degrees 56 minutes 44 seconds East, a distance of 9.00
11feet; thence North 0 degrees 03 minutes 16 seconds West, a
12distance of 19.00 feet; thence South 89 degrees 56 minutes 44
13seconds West, a distance of 54.00 feet; thence South 0 degrees
1403 minutes 16 seconds East, a distance of 22.00 feet to the
15point of beginning.
 
16    Said temporary easement containing 0.027 acre, more or
17less.
 
18    Said temporary easement to be used for driveway
19construction purposes.
 
20    ***
 
21    That part of the Southeast Quarter of the Northeast Quarter
22of Section 30, Township 43 North, Range 8 East of the Third

 

 

HB5447 Enrolled- 2077 -LRB100 16294 AMC 31417 b

1Principal Meridian, in McHenry County, Illinois, bearings and
2distances are based on the Illinois Coordinate System, NAD
383(2011) East Zone, with a combination factor of 0.9999373735,
4described as follows:
 
5    Commencing at a point on the west right of way line of
6Randall Road recorded October 31, 1969 as document number
7516648, said point being 1979.91 feet (1980.02 feet, recorded)
8South of the north line of the Northeast Quarter of said
9Section 30, being also the southeast corner of Lot 1 in Govnors
10Subdivision, according to the plat thereof recorded March 20,
112001 as document number 2001R0016624 and the northeast corner
12of trustee's deed and deed in trust recorded October 17, 1994
13as document number 94R059510; thence on an Illinois Coordinate
14System NAD 83(2011) East Zone bearing of South 0 degrees 23
15minutes 56 seconds East along the said west right of way line
16of Randall Road, a distance of 542.00 feet to the northwesterly
17right of way line of Algonquin Road according to Judgment
18Order, Case Number 00 ED 9, filed April 22, 2003 in the Circuit
19Court of the Nineteenth Judicial Circuit, McHenry County,
20Illinois; thence South 63 degrees 24 minutes 49 seconds West
21along the said northwesterly right of way line of Algonquin
22Road, a distance of 82.45 feet (82.05 feet, recorded) to the
23north right of way line of Algonquin Road; thence South 89
24degrees 38 minutes 26 seconds West along the north right of way
25line of Algonquin Road according to said Judgment Order, Case

 

 

HB5447 Enrolled- 2078 -LRB100 16294 AMC 31417 b

1Number 00 ED 9, a distance of 161.98 feet to an angle point on
2said north right of way line; thence South 0 degrees 21 minutes
334 seconds East, a distance of 9.00 feet to an angle point on
4the north right of way line of Algonquin Road; thence South 89
5degrees 38 minutes 26 seconds West along the north right of way
6line of Algonquin Road according to said Judgment Order, Case
7Number 00 ED 9, a distance of 268.47 feet to west line of the
8grantor according to said trustee's deed and deed in trust
9recorded October 17, 1994 as document number 94R059510; thence
10North 0 degrees 15 minutes 16 seconds West along the west line
11of the grantor according to said trustee's deed and deed in
12trust, a distance of 18.08 feet; thence North 89 degrees 56
13minutes 44 seconds East, a distance of 228.82 feet; thence
14North 0 degrees 03 minutes 16 seconds West, a distance of 3.00
15feet; thence North 89 degrees 56 minutes 44 seconds East, a
16distance of 173.00 feet to the point of beginning; thence
17continuing North 89 degrees 56 minutes 44 seconds East, a
18distance of 18.00 feet; thence North 0 degrees 03 minutes 16
19seconds West, a distance of 16.00 feet; thence North 89 degrees
2056 minutes 44 seconds East, a distance of 29.00 feet; thence
21North 42 degrees 08 minutes 13 seconds East, a distance of
2226.57 feet; thence North 0 degrees 24 minutes 03 seconds West,
23a distance of 395.00 feet; thence North 89 degrees 35 minutes
2457 seconds East, a distance of 17.00 feet; thence North 0
25degrees 24 minutes 03 seconds West, a distance of 138.15 feet
26to the north line of the grantor according to said trustee's

 

 

HB5447 Enrolled- 2079 -LRB100 16294 AMC 31417 b

1deed and deed in trust; thence South 89 degrees 40 minutes 50
2seconds West along the north line of the grantor according to
3said trustee's deed and deed in trust, a distance of 20.00
4feet; thence South 0 degrees 24 minutes 03 seconds East, a
5distance of 63.01 feet; thence South 89 degrees 35 minutes 57
6seconds West, a distance of 18.00 feet; thence South 0 degrees
724 minutes 03 seconds East, a distance of 86.84 feet; thence
8North 90 degrees 00 minutes 00 seconds East, a distance of
911.00 feet; thence South 0 degrees 24 minutes 03 seconds East,
10a distance of 379.36 feet; thence South 42 degrees 08 minutes
1113 seconds West, a distance of 27.69 feet; thence South 89
12degrees 56 minutes 44 seconds West, a distance of 36.22 feet;
13thence South 0 degrees 03 minutes 16 seconds East, a distance
14of 19.00 feet to the point of beginning.
 
15    Said temporary easement containing 0.203 acre, more or
16less.
 
17    Said temporary easement to be used for grading, driveway
18and parking lot construction purposes.
 
19    ***
 
20    That part of the West Half of the Northwest Quarter of
21Section 29, Township 43 North, Range 8 East of the Third
22Principal Meridian, in McHenry County, Illinois, bearings and

 

 

HB5447 Enrolled- 2080 -LRB100 16294 AMC 31417 b

1distances are based on the Illinois Coordinate System, NAD
283(2011) East Zone, with a combination factor of 0.9999373735,
3described as follows:
 
4    Commencing at the southwest corner of the Northwest Quarter
5of said Section 29; thence on an Illinois Coordinate System NAD
683(2011) East Zone bearing of North 0 degrees 13 minutes 26
7seconds West along the west line of the Northwest Quarter of
8said Section 29, a distance of 82.82 feet to the northeasterly
9right of way line of Algonquin Road recorded October 17, 2002
10as document number 2002R0093574 and the point of beginning;
11thence continuing North 0 degrees 13 minutes 26 seconds West
12along the west line of the Northwest Quarter of said Section
1329, a distance of 152.17 feet to a point of intersection with
14the Westerly extension of the south line of Lot 5 in The Centre
15at Lake in the Hills, according to the plat thereof recorded
16November 8, 1996 as document number 96R057546, being also the
17northwest corner of the grantor; thence South 89 degrees 54
18minutes 57 seconds East along the south line of Lot 5 in said
19The Centre at Lake in the Hills and along the Westerly
20extension thereof, being also the north line of the grantor, a
21distance of 30.78 feet; thence South 0 degrees 24 minutes 03
22seconds East, a distance of 108.07 feet; thence South 21
23degrees 11 minutes 16 seconds East, a distance of 48.34 feet;
24thence North 89 degrees 56 minutes 44 seconds East, a distance
25of 151.58 feet to a west line of Lot 1 in said The Centre at

 

 

HB5447 Enrolled- 2081 -LRB100 16294 AMC 31417 b

1Lake in Hills, being also the east line of the grantor; thence
2South 0 degrees 13 minutes 26 seconds East along a west line of
3Lot 1 in said The Centre at Lake in the Hills, being also the
4east line of the grantor, a distance of 17.24 feet to the north
5right of way line of Algonquin Road recorded October 17, 2002
6as document number 2002R0093574; thence North 89 degrees 54
7minutes 57 seconds West along the said north right of way line
8of Algonquin Road, a distance of 181.86 feet (182.15 feet,
9recorded) to the said northeasterly right of way line of
10Algonquin Road; thence North 45 degrees 33 minutes 26 seconds
11West along the said northeasterly right of way line of
12Algonquin Road, a distance of 25.48 feet to the point of
13beginning.
 
14    Said parcel containing 0.192 acre, more or less.
 
15    ***
 
16    That part of the West Half of the Northwest Quarter of
17Section 29, Township 43 North, Range 8 East of the Third
18Principal Meridian, in McHenry County, Illinois, bearings and
19distances are based on the Illinois Coordinate System, NAD
2083(2011) East Zone, with a combination factor of 0.9999373735,
21described as follows:
 
22    Commencing at the southwest corner of the Northwest Quarter

 

 

HB5447 Enrolled- 2082 -LRB100 16294 AMC 31417 b

1of said Section 29; thence on an Illinois Coordinate System NAD
283(2011) East Zone bearing of North 0 degrees 13 minutes 26
3seconds West along the west line of the Northwest Quarter of
4said Section 29, a distance of 82.82 feet to the northeasterly
5right of way line of Algonquin Road recorded October 17, 2002
6as document number 2002R0093574; thence continuing North 0
7degrees 13 minutes 26 seconds West along the west line of the
8Northwest Quarter of said Section 29, a distance of 152.17 feet
9to a point of intersection with the Westerly extension of the
10south line of Lot 5 in The Centre at Lake in the Hills,
11according to the plat thereof recorded November 8, 1996 as
12document number 96R057546, being also the northwest corner of
13the grantor; thence South 89 degrees 54 minutes 57 seconds East
14along the south line of Lot 5 in said The Centre at Lake in the
15Hills and along the Westerly extension thereof, being also the
16north line of the grantor, a distance of 30.78 feet to the
17point of beginning; thence South 0 degrees 24 minutes 03
18seconds East, a distance of 108.07 feet; thence South 21
19degrees 11 minutes 16 seconds East, a distance of 48.34 feet;
20thence North 89 degrees 56 minutes 44 seconds East, a distance
21of 151.58 feet to a west line of Lot 1 in said The Centre at
22Lake in Hills, being also the east line of the grantor; thence
23North 0 degrees 13 minutes 26 seconds West along a west line of
24Lot 1 in said The Centre at Lake in the Hills, being also the
25east line of the grantor, a distance of 120.00 feet; thence
26South 89 degrees 56 minutes 44 seconds West, a distance of 5.49

 

 

HB5447 Enrolled- 2083 -LRB100 16294 AMC 31417 b

1feet; thence South 0 degrees 13 minutes 26 seconds East, a
2distance of 110.00 feet; thence South 89 degrees 56 minutes 44
3seconds West, a distance of 143.27 feet; thence North 0 degrees
424 minutes 03 seconds West, a distance of 133.97 feet; thence
5South 89 degrees 54 minutes 57 seconds East, a distance of
615.00 feet; thence North 0 degrees 24 minutes 03 seconds West,
7a distance of 9.14 feet to the south line of Lot 5 in said The
8Centre at Lake in the Hills, being also the north line of the
9grantor; thence North 89 degrees 54 minutes 57 seconds West
10along the south line of Lot 5 in said The Centre at Lake in the
11Hills, being also the north line of the grantor, a distance of
1235.00 feet to the point of beginning.
 
13    Said temporary easement containing 0.113 acre, more or
14less.
 
15    Said temporary easement to be used for grading, driveway
16and parking lot construction purposes.
 
17    ***
 
18    That part of Lots 1 and 2, except that part of Lot 1
19conveyed to the County of McHenry by warranty deed recorded
20February 17, 2000 as document number 2000R0008642, in The
21Centre of Lake in the Hills, being a subdivision of part of the
22West Half of the Northwest Quarter of Section 29, Township 43

 

 

HB5447 Enrolled- 2084 -LRB100 16294 AMC 31417 b

1North, Range 8 East of the Third Principal Meridian, according
2to the plat thereof recorded November 8, 1996 as document
3number 96R057546, in McHenry County, Illinois, bearings and
4distances are based on the Illinois Coordinate System,
5NAD83(2011) East Zone, with a combination factor of
60.9999373735, described as follows:
 
7    Beginning at the southeast corner of said Lot 1; thence on
8an Illinois Coordinate System NAD 83(2011) East Zone bearing of
9North 89 degrees 54 minutes 57 seconds West along the south
10line of said Lots 1 and 2, a distance of 523.09 feet to the east
11right of way line of Algonquin Road according to warranty deed
12recorded February 17, 2000 as document number 2000R0008642;
13thence North 0 degrees 04 minutes 53 seconds East along the
14said east right of way line of Algonquin Road, a distance of
1510.00 feet to the north right of way line of Algonquin Road
16according to said warranty deed; thence North 89 degrees 54
17minutes 57 seconds West along the said north right of way line
18of Algonquin Road, a distance of 191.44 feet (191.50 feet,
19recorded) to a west line of said Lot 1; thence North 0 degrees
2013 minutes 26 seconds West along a west line of said Lot 1, a
21distance of 7.24 feet; thence North 89 degrees 56 minutes 44
22seconds East, a distance of 608.74 feet; thence North 0 degrees
2301 minute 56 seconds East, a distance of 15.00 feet; thence
24North 89 degrees 56 minutes 44 seconds East, a distance of
25106.02 feet to the east line of said Lot 1; thence South 0

 

 

HB5447 Enrolled- 2085 -LRB100 16294 AMC 31417 b

1degrees 22 minutes 43 seconds West along the east line of said
2Lot 1, a distance of 33.97 feet to the point of beginning.
 
3    Said parcel containing 0.290 acre, more or less.
 
4    ***
 
5    That part of Lot 1, except that part of Lot 1 conveyed to
6the County of McHenry by warranty deed recorded February 17,
72000 as document number 2000R0008642, in The Centre of Lake in
8the Hills, being a subdivision of part of the West Half of the
9Northwest Quarter of Section 29, Township 43 North, Range 8
10East of the Third Principal Meridian, according to the plat
11thereof recorded November 8, 1996 as document number 96R057546,
12in McHenry County, Illinois, bearings and distances are based
13on the Illinois Coordinate System, NAD 83(2011) East Zone, with
14a combination factor of 0.9999373735, described as follows:
 
15    Beginning at the most westerly corner of said Lot 1, being
16also the southwest corner of Lot 1 in The Centre Resubdivision,
17according to the plat thereof recorded January 14, 1998 as
18document number 98R002400; thence on an Illinois Coordinate
19System NAD 83(2011) East Zone bearing of North 89 degrees 46
20minutes 40 seconds East along a north line of said Lot 1, being
21also the south line of Lot 1 in said The Centre Resubdivision,
22a distance of 19.45 feet; thence South 0 degrees 24 minutes 03

 

 

HB5447 Enrolled- 2086 -LRB100 16294 AMC 31417 b

1seconds East, a distance of 35.00 feet to a south line of said
2Lot 1, being also the north line of Lot 4 in said The Centre of
3Lake in the Hills; thence South 89 degrees 46 minutes 40
4seconds West along a south line of said Lot 1, being also the
5north line of Lot 4 in said The Centre of Lake in the Hills, a
6distance of 19.56 feet to the west line of Lot 1; thence North
70 degrees 13 minutes 26 seconds West along the west line of
8said Lot 1, a distance of 35.00 feet to the point of beginning.
 
9    Said parcel containing 0.016 acre, more or less.
 
10    ***
 
11    That part of Lots 1 and 2, except that part of Lot 1
12conveyed to the County of McHenry by warranty deed recorded
13February 17, 2000 as document number 2000R0008642, in The
14Centre of Lake in the Hills, being a subdivision of part of the
15West Half of the Northwest Quarter of Section 29, Township 43
16North, Range 8 East of the Third Principal Meridian, according
17to the plat thereof recorded November 8, 1996 as document
18number 96R057546, in McHenry County, Illinois, bearings and
19distances are based on the Illinois Coordinate System,
20NAD83(2011) East Zone, with a combination factor of
210.9999373735, described as follows:
 
22    Commencing at the southeast corner of said Lot 1; thence on

 

 

HB5447 Enrolled- 2087 -LRB100 16294 AMC 31417 b

1an Illinois Coordinate System NAD 83(2011) East Zone bearing of
2North 89 degrees 54 minutes 57 seconds West along the south
3line of said Lots 1 and 2, a distance of 523.09 feet to the east
4right of way line of Algonquin Road according to warranty deed
5recorded February 17, 2000 as document number 2000R0008642;
6thence North 0 degrees 04 minutes 53 seconds East along the
7said east right of way line of Algonquin Road, a distance of
810.00 feet to the north right of way line of Algonquin Road
9according to said warranty deed; thence North 89 degrees 54
10minutes 57 seconds West along the said north right of way line
11of Algonquin Road, a distance of 191.44 feet (191.50 feet,
12recorded) to a west line of said Lot 1; thence North 0 degrees
1313 minutes 26 seconds West along a west line of said Lot 1, a
14distance of 7.24 feet to the point of beginning; thence North
1589 degrees 56 minutes 44 seconds East, a distance of 608.74
16feet; thence North 0 degrees 01 minute 56 seconds East, a
17distance of 15.00 feet; thence North 89 degrees 56 minutes 44
18seconds East, a distance of 106.02 feet to the east line of
19said Lot 1; thence North 0 degrees 22 minutes 43 seconds East
20along the east line of said Lot 1, a distance of 15.00 feet;
21thence South 89 degrees 56 minutes 44 seconds West, a distance
22of 106.02 feet; thence South 0 degrees 39 minutes 20 seconds
23West, a distance of 10.00 feet; thence South 89 degrees 56
24minutes 44 seconds West, a distance of 259.52 feet; thence
25North 0 degrees 03 minutes 16 seconds West, a distance of
26115.00 feet; thence South 89 degrees 56 minutes 44 seconds

 

 

HB5447 Enrolled- 2088 -LRB100 16294 AMC 31417 b

1West, a distance of 95.00 feet; thence South 0 degrees 03
2minutes 16 seconds East, a distance of 115.00 feet; thence
3South 89 degrees 56 minutes 44 seconds West, a distance of
4175.00 feet; thence North 0 degrees 03 minutes 16 seconds West,
5a distance of 110.00 feet; thence South 89 degrees 56 minutes
644 seconds West, a distance of 79.61 feet to a west line of
7said Lot 1; thence South 0 degrees 13 minutes 26 seconds East
8along a west line of said Lot 1, a distance of 130.00 feet to
9the point of beginning.
 
10    Said temporary easement containing 0.768 acre, more or
11less.
 
12    Said temporary easement to be used for grading, driveway
13and parking lot construction purposes.
 
14    ***
 
15    That part of Lot 1, except that part of Lot 1 conveyed to
16the County of McHenry by warranty deed recorded February 17,
172000 as document number 2000R0008642, in The Centre of Lake in
18the Hills, being a subdivision of part of the West Half of the
19Northwest Quarter of Section 29, Township 43 North, Range 8
20East of the Third Principal Meridian, according to the plat
21thereof recorded November 8, 1996 as document number 96R057546,
22in McHenry County, Illinois, bearings and distances are based

 

 

HB5447 Enrolled- 2089 -LRB100 16294 AMC 31417 b

1on the Illinois Coordinate System, NAD 83(2011) East Zone, with
2a combination factor of 0.9999373735, described as follows:
 
3    Commencing at the most westerly corner of said Lot 1, being
4also the southwest corner of Lot 1 in The Centre Resubdivision,
5according to the plat thereof recorded January 14, 1998 as
6document number 98R002400; thence on an Illinois Coordinate
7System NAD 83(2011) East Zone bearing of North 89 degrees 46
8minutes 40 seconds East along a north line of said Lot 1, being
9also the south line of Lot 1 in said The Centre Resubdivision,
10a distance of 19.45 feet to the point of beginning; thence
11South 0 degrees 24 minutes 03 seconds East, a distance of 35.00
12feet to a south line of said Lot 1, being also the north line of
13Lot 4 in said The Centre of Lake in the Hills; thence North 89
14degrees 46 minutes 40 seconds West along a south line of said
15Lot 1, being also the north line of Lot 4 in said The Centre of
16Lake in the Hills, a distance of 45.00 feet; thence North 0
17degrees 24 minutes 03 seconds West, a distance of 35.00 feet to
18a north line of said Lot 1, being also the south line of Lot 1
19in said The Centre Resubdivision; thence South 89 degrees 46
20minutes 40 seconds West along a north line of said Lot 1, being
21also the south line of Lot 1 in said The Centre Resubdivision,
22a distance of 45.00 feet to the point of beginning.
 
23    Said temporary easement containing 0.036 acre, more or
24less.
 

 

 

HB5447 Enrolled- 2090 -LRB100 16294 AMC 31417 b

1    Said temporary easement to be used for grading and driveway
2construction purposes.
 
3    ***
 
4    That part of Lot 3 in Algonquin Plaza, being a subdivision
5of part of the West Half of the Northwest Quarter of Section
629, Township 43 North, Range 8 East of the Third Principal
7Meridian, according to the plat thereof recorded January 23,
82006 as document number 2006R0005048, in McHenry County,
9Illinois, bearings and distances are based on the Illinois
10Coordinate System, NAD83(2011) East Zone, with a combination
11factor of 0.9999373735, described as follows:
 
12    Beginning at the southwest corner of said Lot 3; thence on
13an Illinois Coordinate System NAD 83(2011) East Zone bearing of
14North 0 degrees 22 minutes 43 seconds East along the west line
15of said Lot 3, a distance of 8.97 feet; thence North 89 degrees
1656 minutes 44 seconds East, a distance of 169.19 feet to the
17east line of said Lot 3; thence South 0 degrees 21 minutes 22
18seconds West along the east line of said Lot 3, a distance of
199.38 feet to the southeast corner of Lot 3; thence North 89
20degrees 54 minutes 57 seconds West along the south line of said
21Lot 3, a distance of 169.19 feet (168.98 feet, recorded) to the
22point of beginning.
 

 

 

HB5447 Enrolled- 2091 -LRB100 16294 AMC 31417 b

1    Said parcel containing 0.036 acre, more or less.
 
2    ***
 
3    That part of the Southeast Quarter of the Northwest Quarter
4of Section 29, Township 43 North, Range 8 East of the Third
5Principal Meridian, in McHenry County, Illinois, bearings and
6distances are based on the Illinois Coordinate System, NAD
783(2011) East Zone, with a combination factor of 0.9999373735,
8described as follows:
 
9    Commencing at the southwest corner of the Northwest Quarter
10of said Section 29; thence on an Illinois Coordinate System NAD
1183(2011) East Zone bearing of South 89 degrees 54 minutes 57
12seconds East along the south line of the Northwest Quarter of
13said Section 29, a distance of 1304.08 feet to the southwest
14corner of the Southeast Quarter of the Northwest Quarter of
15said Section 29, as monumented and occupied, and the point of
16beginning; thence North 0 degrees 18 minutes 42 seconds East
17along the west line of the Southeast Quarter of the Northwest
18Quarter of said Section 29, as monumented and occupied, a
19distance of 96.95 feet; thence North 89 degrees 41 minutes 18
20seconds East, a distance of 20.36 feet to the east right of way
21line of Crystal Lake Road, as monumented and occupied; thence
22South 45 degrees 00 minutes 00 seconds East, a distance of

 

 

HB5447 Enrolled- 2092 -LRB100 16294 AMC 31417 b

145.39 feet; thence easterly 259.39 feet along a curve to the
2right having a radius of 10060.00 feet, the chord of said curve
3bears South 89 degrees 21 minutes 42 seconds East, 259.38 feet
4to a point of reverse curvature; thence easterly 42.82 feet
5along a curve to the left having a radius of 9940.00 feet, the
6chord of said curve bears South 88 degrees 44 minutes 47
7seconds East, 42.82 feet to the west line of Lot 5 in First
8Addition to Cedar Ridge Subdivision, according to the plat
9thereof recorded January 11, 1980 as document number 788054;
10thence South 0 degrees 50 minutes 44 seconds West along the
11west line of Lot 5 in said First Addition to Cedar Ridge
12Subdivision, a distance of 61.66 feet to the south line of the
13Northwest Quarter of said Section 29; thence North 89 degrees
1454 minutes 57 seconds West along the south line of the
15Northwest Quarter of said Section 29, a distance of 354.25 feet
16to the point of beginning, except the parcel which is described
17as follows:
 
18    Commencing at the southwest corner of the Northwest Quarter
19of said Section 29; thence on an Illinois Coordinate System NAD
2083(2011) East Zone bearing of South 89 degrees 54 minutes 57
21seconds East along the south line of the Northwest Quarter of
22said Section 29, a distance of 1304.08 feet to the southwest
23corner of the Southeast Quarter of the Northwest Quarter of
24said Section 29, as monumented and occupied; thence North 0
25degrees 18 minutes 42 seconds East along the west line of the

 

 

HB5447 Enrolled- 2093 -LRB100 16294 AMC 31417 b

1Southeast Quarter of the Northwest Quarter of said Section 29,
2as monumented as occupied, a distance of 96.95 feet; thence
3North 89 degrees 41 minutes 18 seconds East, a distance of
420.36 feet to the east right of way line of Crystal Lake Road,
5as monumented and occupied; thence South 0 degrees 23 minutes
632 seconds West along the said east right of way line of
7Crystal Lake Road, as monumented and occupied, a distance of
847.31 feet to the north right of way line of Algonquin Road
9recorded January 22, 1990 as document number 90R002714 and the
10point of beginning; thence South 89 degrees 32 minutes 00
11seconds East along the said north right of way line of
12Algonquin Road, a distance of 214.98 feet (214.19 feet,
13recorded) to an angle point on said north right of way line;
14thence South 0 degrees 38 minutes 00 seconds East, a distance
15of 15.00 feet to the former north right of way line of
16Algonquin Road recorded January 25, 1950 as document number
17227880; thence North 89 degrees 32 minutes 00 seconds West
18along the said former north right of way line of Algonquin
19Road, a distance of 214.92 feet (214.19 feet, recorded) to the
20east right of way line of Crystal Lake Road, as monumented and
21occupied; thence North 0 degrees 23 minutes 32 seconds East
22along the said east right of way line of Crystal Lake Road, a
23distance of 15.00 feet to the point of beginning.
 
24    Said parcel containing 0.475 acre, more or less, of which
250.304 acre, more or less, was previously dedicated or used for

 

 

HB5447 Enrolled- 2094 -LRB100 16294 AMC 31417 b

1highway purposes.
 
2    ***
 
3    That part of the Southeast Quarter of the Northwest Quarter
4of Section 29, Township 43 North, Range 8 East of the Third
5Principal Meridian, in McHenry County, Illinois, bearings and
6distances are based on the Illinois Coordinate System, NAD
783(2011) East Zone, with a combination factor of 0.9999373735,
8described as follows:
 
9    Commencing at the southwest corner of the Northwest Quarter
10of said Section 29; thence on an Illinois Coordinate System NAD
1183(2011) East Zone bearing of South 89 degrees 54 minutes 57
12seconds East along the south line of the Northwest Quarter of
13said Section 29, a distance of 1304.08 feet to the southwest
14corner of the Southeast Quarter of the Northwest Quarter of
15said Section 29, as monumented and occupied; thence North 0
16degrees 18 minutes 42 seconds East along the west line of the
17Southeast Quarter of the Northwest Quarter of said Section 29,
18as monumented and occupied, a distance of 96.95 feet; thence
19North 89 degrees 41 minutes 18 seconds East, a distance of
2020.36 feet to the east right of way line of Crystal Lake Road,
21as monumented and occupied; thence South 45 degrees 00 minutes
2200 seconds East, a distance of 45.39 feet; thence easterly
23117.93 feet along a curve to the right having a radius of

 

 

HB5447 Enrolled- 2095 -LRB100 16294 AMC 31417 b

110060.00 feet, the chord of said curve bears South 89 degrees
245 minutes 52 seconds East, 117.93 feet to the point of
3beginning; thence easterly 85.00 feet along a curve to the
4right having a radius of 10060.00 feet, the chord of said curve
5bears South 89 degrees 11 minutes 12 seconds East, 85.00 feet;
6thence North 0 degrees 56 minutes 29 seconds East, a distance
7of 40.00 feet; thence westerly 85.00 feet along a curve to the
8left having a radius of 10100.00 feet, the chord of said curve
9bears North 89 degrees 11 minutes 10 seconds West, 85.00 feet;
10thence South 0 degrees 56 minutes 29 seconds West, a distance
11of 40.00 feet to the point of beginning.
 
12    Said temporary easement containing 0.078 acre, more or
13less.
 
14    Said temporary easement to be used for driveway removal and
15parking lot construction.
 
16    ***
 
17    That part of Lot 5 in The Centre of Lake in the Hills,
18being a subdivision of part of the West Half of the Northwest
19Quarter of Section 29, Township 43 North, Range 8 East of the
20Third Principal Meridian, according to the plat thereof
21recorded November 8, 1996 as document number 96R057546, in
22McHenry County, Illinois, bearings and distances are based on

 

 

HB5447 Enrolled- 2096 -LRB100 16294 AMC 31417 b

1the Illinois Coordinate System, NAD83(2011) East Zone, with a
2combination factor of 0.9999373735, described as follows:
 
3    Beginning at the northwest corner of said Lot 5; thence on
4an Illinois Coordinate System NAD 83(2011) East Zone bearing of
5North 89 degrees 46 minutes 33 seconds East along the north
6line of said Lot 5, a distance of 20.12 feet; thence South 0
7degrees 24 minutes 03 seconds East, a distance of 215.05 feet
8to the south line of said Lot 5; thence North 89 degrees 54
9minutes 57 seconds West along the south line of said Lot 5, a
10distance of 20.78 feet to the southwest corner of Lot 5; thence
11North 0 degrees 13 minutes 26 seconds West along the west line
12of said Lot 5, a distance of 214.93 feet (214.96 feet,
13recorded) to the point of beginning.
 
14    Said parcel containing 0.101 acre, more or less.
 
15    ***
 
16    That part of Lot 5 in The Centre of Lake in the Hills,
17being a subdivision of part of the West Half of the Northwest
18Quarter of Section 29, Township 43 North, Range 8 East of the
19Third Principal Meridian, according to the plat thereof
20recorded November 8, 1996 as document number 96R057546, in
21McHenry County, Illinois, bearings and distances are based on
22the Illinois Coordinate System, NAD83(2011) East Zone, with a

 

 

HB5447 Enrolled- 2097 -LRB100 16294 AMC 31417 b

1combination factor of 0.9999373735, described as follows:
 
2    Commencing at the northwest corner of said Lot 5; thence on
3an Illinois Coordinate System NAD 83(2011) East Zone bearing of
4North 89 degrees 46 minutes 33 seconds East along the north
5line of said Lot 5, a distance of 20.12 feet; thence South 0
6degrees 24 minutes 03 seconds East, a distance of 153.42 feet
7to the point of beginning; thence continuing South 0 degrees 24
8minutes 03 seconds East, a distance of 61.63 feet to the south
9line of said Lot 5; thence South 89 degrees 54 minutes 57
10seconds East along the south line of said Lot 5, a distance of
1135.00 feet; thence North 0 degrees 24 minutes 03 seconds West,
12a distance of 61.68 feet; thence North 90 degrees 00 minutes 00
13seconds West, a distance of 35.00 feet to the point of
14beginning.
 
15    Said temporary easement containing 0.050 acre, more or
16less.
 
17    Said temporary easement to be used for driveway
18construction purposes.
 
19    ***
 
20    That part of Lot 4 in The Centre of Lake in the Hills,
21being a subdivision of part of the West Half of the Northwest

 

 

HB5447 Enrolled- 2098 -LRB100 16294 AMC 31417 b

1Quarter of Section 29, Township 43 North, Range 8 East of the
2Third Principal Meridian, according to the plat thereof
3recorded November 8, 1996 as document number 96R057546, in
4McHenry County, Illinois, bearings and distances are based on
5the Illinois Coordinate System, NAD83(2011) East Zone, with a
6combination factor of 0.9999373735, described as follows:
 
7    Beginning at the northwest corner of said Lot 4; thence on
8an Illinois Coordinate System NAD 83(2011) East Zone bearing of
9North 89 degrees 46 minutes 40 seconds East along the north
10line of said Lot 4, a distance of 19.56 feet; thence South 0
11degrees 24 minutes 03 seconds East, a distance of 179.98 feet
12to the south line of said Lot 4; thence South 89 degrees 46
13minutes 33 seconds West along the south line of said Lot 4, a
14distance of 20.12 feet to the southwest corner of Lot 4; thence
15North 0 degrees 13 minutes 26 seconds West along the west line
16of said Lot 4, a distance of 179.98 feet (180.00 feet,
17recorded) to the point of beginning.
 
18    Said parcel containing 0.082 acre, more or less.
 
19    ***
 
20    That part of Lot 4 in The Centre of Lake in the Hills,
21being a subdivision of part of the West Half of the Northwest
22Quarter of Section 29, Township 43 North, Range 8 East of the

 

 

HB5447 Enrolled- 2099 -LRB100 16294 AMC 31417 b

1Third Principal Meridian, according to the plat thereof
2recorded November 8, 1996 as document number 96R057546, in
3McHenry County, Illinois, bearings and distances are based on
4the Illinois Coordinate System, NAD83(2011) East Zone, with a
5combination factor of 0.9999373735, described as follows:
 
6    Commencing at the northwest corner of said Lot 4; thence on
7an Illinois Coordinate System NAD 83(2011) East Zone bearing of
8North 89 degrees 46 minutes 40 seconds East along the north
9line of said Lot 4, a distance of 19.56 feet to the point of
10beginning; thence continuing North 89 degrees 46 minutes 40
11seconds East along the north line of said Lot 4, a distance of
1245.00 feet; thence South 0 degrees 24 minutes 03 seconds East,
13a distance of 8.06 feet; thence South 89 degrees 35 minutes 57
14seconds West, a distance of 45.00 feet; thence North 0 degrees
1524 minutes 03 seconds West, a distance of 8.21 feet to the
16point of beginning.
 
17    Said temporary easement containing 0.008 acre, more or
18less, or 366 square feet, more or less.
 
19    Said temporary easement to be used for grading purposes.
 
20    ***
 
21    That part of Lot 1 in Govnors Subdivision, being a

 

 

HB5447 Enrolled- 2100 -LRB100 16294 AMC 31417 b

1subdivision of part of the East Half of the Northeast Quarter
2of Section 30, Township 43 North, Range 8 East of the Third
3Principal Meridian, according to the plat thereof recorded
4March 20, 2001 as document number 2001R0016624, in McHenry
5County, Illinois, bearings and distances are based on the
6Illinois Coordinate System, NAD 83(2011) East Zone, with a
7combination factor of 0.9999373735, described as follows:
 
8    Beginning at the southeast corner of said Lot 1; thence on
9an Illinois Coordinate System NAD 83(2011) East Zone bearing of
10South 89 degrees 40 minutes 50 seconds West along the south
11line of said Lot 1, a distance of 23.53 feet; thence North 0
12degrees 24 minutes 03 seconds West, a distance of 305.15 feet
13to the north line of said Lot 1; thence North 89 degrees 40
14minutes 50 seconds East along the north line of said Lot 1, a
15distance of 23.54 feet to the northeast corner of Lot 1; thence
16South 0 degrees 23 minutes 56 seconds East along the east line
17of said Lot 1, a distance of 305.15 feet to the point of
18beginning.
 
19    Said parcel containing 0.165 acre, more or less.
 
20    ***
 
21    That part of Lot 1 in Govnors Subdivision, being a
22subdivision of part of the East Half of the Northeast Quarter

 

 

HB5447 Enrolled- 2101 -LRB100 16294 AMC 31417 b

1of Section 30, Township 43 North, Range 8 East of the Third
2Principal Meridian, according to the plat thereof recorded
3March 20, 2001 as document number 2001R0016624, in McHenry
4County, Illinois, bearings and distances are based on the
5Illinois Coordinate System, NAD 83(2011) East Zone, with a
6combination factor of 0.9999373735, described as follows:
 
7    Commencing at the southeast corner of said Lot 1; thence on
8an Illinois Coordinate System NAD 83(2011) East Zone bearing of
9South 89 degrees 40 minutes 50 seconds West along the south
10line of said Lot 1, a distance of 23.53 feet to the point of
11beginning; thence North 0 degrees 24 minutes 03 seconds West, a
12distance of 305.15 feet to the north line of said Lot 1; thence
13South 89 degrees 40 minutes 50 seconds West along the north
14line of said Lot 1, a distance of 30.00 feet; thence South 0
15degrees 24 minutes 03 seconds East, a distance of 180.06 feet;
16thence North 90 degrees 00 minutes 00 seconds East, a distance
17of 20.00 feet; thence South 0 degrees 24 minutes 03 seconds
18East, a distance of 124.98 feet to the south line of said Lot
191; thence North 89 degrees 40 minutes 50 seconds East along the
20south line of said Lot 1, a distance of 10.00 feet to the point
21of beginning.
 
22    Said temporary easement containing 0.153 acre, more or
23less.
 

 

 

HB5447 Enrolled- 2102 -LRB100 16294 AMC 31417 b

1    Said temporary easement to be used for grading and driveway
2construction purposes.
 
3    ***
 
4    That part of Lot 1 in The Centre Resubdivision, being a
5resubdivision of Lot 3 in The Centre at Lake in the Hills, a
6subdivision of part of the West Half of the Northwest Quarter
7of Section 29, Township 43 North, Range 8 East of the Third
8Principal Meridian, according to the plat of said The Centre
9Resubdivision recorded January 14, 1998 as document number
1098R002400, in McHenry County, Illinois, bearings and distances
11are based on the Illinois Coordinate System, NAD 83(2011) East
12Zone, with a combination factor of 0.9999373735, described as
13follows:
 
14    Beginning at the northwest corner of said Lot 1; thence on
15an Illinois Coordinate System NAD 83(2011) East Zone bearing of
16North 89 degrees 46 minutes 42 seconds East along the north
17line of said Lot 1, a distance of 19.00 feet; thence South 0
18degrees 24 minutes 03 seconds East, a distance of 145.81 feet
19to the south line of said Lot 1; thence South 89 degrees 46
20minutes 40 seconds West along the south line of said Lot 1, a
21distance of 19.45 feet to the southwest corner of Lot 1; thence
22North 0 degrees 13 minutes 26 seconds West along the west line
23of said Lot 1, a distance of 145.81 feet (145.83 feet,

 

 

HB5447 Enrolled- 2103 -LRB100 16294 AMC 31417 b

1recorded) to the point of beginning.
 
2    Said parcel containing 0.064 acre, more or less.
 
3    ***
 
4    That part of Lot 1 in The Centre Resubdivision, being a
5resubdivision of Lot 3 in The Centre at Lake in the Hills, a
6subdivision of part of the West Half of the Northwest Quarter
7of Section 29, Township 43 North, Range 8 East of the Third
8Principal Meridian, according to the plat of said The Centre
9Resubdivision recorded January 14, 1998 as document number
1098R002400, in McHenry County, Illinois, bearings and distances
11are based on the Illinois Coordinate System, NAD 83(2011) East
12Zone, with a combination factor of 0.9999373735, described as
13follows:
 
14    Commencing at the northwest corner of said Lot 1; thence on
15an Illinois Coordinate System NAD 83(2011) East Zone bearing of
16North 89 degrees 46 minutes 42 seconds East along the north
17line of said Lot 1, a distance of 19.00 feet to the point of
18beginning; thence South 0 degrees 24 minutes 03 seconds East, a
19distance of 145.81 feet to the south line of said Lot 1; thence
20North 89 degrees 46 minutes 40 seconds East along the south
21line of said Lot 1, a distance of 45.00 feet; thence North 0
22degrees 24 minutes 03 seconds West, a distance of 6.76 feet;

 

 

HB5447 Enrolled- 2104 -LRB100 16294 AMC 31417 b

1thence North 89 degrees 28 minutes 46 seconds West, a distance
2of 40.00 feet; thence North 0 degrees 24 minutes 03 seconds
3West, a distance of 138.53 feet to the north line of said Lot
41; thence South 89 degrees 46 minutes 42 seconds West along the
5north line of said Lot 1, a distance of 5.00 feet to the point
6of beginning.
 
7    Said temporary easement containing 0.023 acre, more or
8less.
 
9    Said temporary easement to be used for grading and sidewalk
10removal purposes.
 
11    ***
 
12    That part of Lot 4 in The Meadows Commercial Subdivision,
13being a resubdivision of part Lot 8 in The Meadows, according
14to the plat thereof recorded October 23, 2001 as document
15number 2001R0079191 and part of Lot 2 in Govnors Subdivision,
16according to the plat thereof recorded March 20, 2001 as
17document number 2001R0016624, in the Northeast Quarter of
18Section 30, Township 43 North, Range 8 East of the Third
19Principal Meridian, according to the plat of said The Meadows
20Commercial Subdivision recorded January 31, 2003 as document
21number 2003R0013439, in McHenry County, Illinois, bearings and
22distances are based on the Illinois Coordinate System, NAD

 

 

HB5447 Enrolled- 2105 -LRB100 16294 AMC 31417 b

183(2011) East Zone, with a combination factor of 0.9999373735,
2described as follows:
 
3    Beginning at the southeast corner of said Lot 4; thence on
4an Illinois Coordinate System NAD 83(2011) East Zone bearing of
5South 89 degrees 40 minutes 50 seconds West along the south
6line of said Lot 4, a distance of 18.54 feet; thence North 0
7degrees 24 minutes 03 seconds West, a distance of 251.68 feet;
8thence North 57 degrees 05 minutes 21 seconds West, a distance
9of 27.52 feet to the north line of said Lot 4; thence North 89
10degrees 36 minutes 04 seconds East along the north line of said
11Lot 4, a distance of 26.55 feet to the northeasterly line of
12Lot 4; thence South 45 degrees 23 minutes 56 seconds East along
13the northeasterly line of said Lot 4, a distance of 21.21 feet
14to the east line of Lot 4; thence South 0 degrees 23 minutes 56
15seconds East along the east line of said Lot 4, a distance of
16251.82 feet to the point of beginning.
 
17    Said parcel containing 0.115 acre, more or less.
 
18    ***
 
19    That part of Lot 4 in The Meadows Commercial Subdivision,
20being a resubdivision of part Lot 8 in The Meadows, according
21to the plat thereof recorded October 23, 2001 as document
22number 2001R0079191 and part of Lot 2 in Govnors Subdivision,

 

 

HB5447 Enrolled- 2106 -LRB100 16294 AMC 31417 b

1according to the plat thereof recorded March 20, 2001 as
2document number 2001R0016624, in the Northeast Quarter of
3Section 30, Township 43 North, Range 8 East of the Third
4Principal Meridian, according to the plat of said The Meadows
5Commercial Subdivision recorded January 31, 2003 as document
6number 2003R0013439, in McHenry County, Illinois, bearings and
7distances are based on the Illinois Coordinate System, NAD
883(2011) East Zone, with a combination factor of 0.9999373735,
9described as follows:
 
10    Commencing at the southeast corner of said Lot 4; thence on
11an Illinois Coordinate System NAD 83(2011) East Zone bearing of
12South 89 degrees 40 minutes 50 seconds West along the south
13line of said Lot 4, a distance of 18.54 feet; thence North 0
14degrees 24 minutes 03 seconds West, a distance of 251.68 feet;
15thence North 57 degrees 05 minutes 21 seconds West, a distance
16of 27.52 feet to the north line of said Lot 4; thence South 89
17degrees 36 minutes 04 seconds West along the north line of said
18Lot 4, a distance of 162.01 feet to the point of beginning;
19thence South 63 degrees 37 minutes 36 seconds West, a distance
20of 46.09 feet the west line of said Lot 4; thence North 0
21degrees 23 minutes 56 seconds West along the west line of said
22Lot 4, a distance of 5.19 feet to the northwesterly line of Lot
234; thence North 44 degrees 36 minutes 04 seconds East along the
24northwesterly line of said Lot 4, a distance of 21.21 feet to
25the north line of Lot 4; thence North 89 degrees 36 minutes 04

 

 

HB5447 Enrolled- 2107 -LRB100 16294 AMC 31417 b

1seconds East along the north line of said Lot 4, a distance of
226.43 feet to the point of beginning.
 
3    Said parcel containing 0.007 acre, more or less, or 306
4square feet, more or less.
 
5    ***
 
6    That part of Lot 4 in The Meadows Commercial Subdivision,
7being a resubdivision of part Lot 8 in The Meadows, according
8to the plat thereof recorded October 23, 2001 as document
9number 2001R0079191 and part of Lot 2 in Govnors Subdivision,
10according to the plat thereof recorded March 20, 2001 as
11document number 2001R0016624, in the Northeast Quarter of
12Section 30, Township 43 North, Range 8 East of the Third
13Principal Meridian, according to the plat of said The Meadows
14Commercial Subdivision recorded January 31, 2003 as document
15number 2003R0013439, in McHenry County, Illinois, bearings and
16distances are based on the Illinois Coordinate System, NAD
1783(2011) East Zone, with a combination factor of 0.9999373735,
18described as follows:
 
19    Commencing at the southeast corner of said Lot 4; thence on
20an Illinois Coordinate System NAD 83(2011) East Zone bearing of
21South 89 degrees 40 minutes 50 seconds West along the south
22line of said Lot 4, a distance of 18.54 feet to the point of

 

 

HB5447 Enrolled- 2108 -LRB100 16294 AMC 31417 b

1beginning; thence North 0 degrees 24 minutes 03 seconds West, a
2distance of 251.68 feet; thence North 57 degrees 05 minutes 21
3seconds West, a distance of 27.52 feet to the north line of
4said Lot 4; thence South 89 degrees 36 minutes 04 seconds West
5along the north line of said Lot 4, a distance of 162.01 feet;
6thence South 63 degrees 37 minutes 36 seconds West, a distance
7of 46.09 feet to the west line of said Lot 4; thence North 89
8degrees 36 minutes 20 seconds East, a distance of 216.44 feet;
9thence South 0 degrees 24 minutes 03 seconds East, a distance
10of 246.58 feet to the south line of said Lot 4; thence North 89
11degrees 40 minutes 50 seconds East along the south line of said
12Lot 4, a distance of 10.00 feet to the point of beginning.
 
13    Said temporary easement containing 0.148 acre, more or
14less.
 
15    Said temporary easement to be used for grading purposes.
 
16    ***
 
17    That part of Lot 5 in Lake in the Hills Entertainment Park,
18being a subdivision of part of the West Half of the Northwest
19Quarter of Section 29, Township 43 North, Range 8 East of the
20Third Principal Meridian, according to the plat thereof
21recorded June 28, 1996 as document number 96R033436, in McHenry
22County, Illinois, bearings and distances are based on the

 

 

HB5447 Enrolled- 2109 -LRB100 16294 AMC 31417 b

1Illinois Coordinate System, NAD 83(2011) East Zone, with a
2combination factor of 0.9999373735, described as follows:
 
3    Beginning at the northwest corner of said Lot 5; thence on
4an Illinois Coordinate System NAD 83(2011) East Zone bearing of
5South 89 degrees 36 minutes 44 seconds East along the north
6line of said Lot 5, a distance of 17.74 feet; thence South 0
7degrees 24 minutes 03 seconds East, a distance of 259.98 feet
8to the south line of said Lot 5; thence North 89 degrees 36
9minutes 54 seconds West along the south line of said Lot 5, a
10distance of 18.54 feet to the southwest corner of Lot 5; thence
11North 0 degrees 13 minutes 26 seconds West along the west line
12of said Lot 5, a distance of 259.97 feet (260.00 feet,
13recorded) to the point of beginning.
 
14    Said parcel containing 0.108 acre, more or less.
 
15    ***
 
16    That part of Lot 5 in Lake in the Hills Entertainment Park,
17being a subdivision of part of the West Half of the Northwest
18Quarter of Section 29, Township 43 North, Range 8 East of the
19Third Principal Meridian, according to the plat thereof
20recorded June 28, 1996 as document number 96R033436, in McHenry
21County, Illinois, bearings and distances are based on the
22Illinois Coordinate System, NAD 83(2011) East Zone, with a

 

 

HB5447 Enrolled- 2110 -LRB100 16294 AMC 31417 b

1combination factor of 0.9999373735, described as follows:
 
2    Commencing at the northwest corner of said Lot 5; thence on
3an Illinois Coordinate System NAD 83(2011) East Zone bearing of
4South 89 degrees 36 minutes 44 seconds East along the north
5line of said Lot 5, a distance of 17.74 feet to the point of
6beginning; thence continuing South 89 degrees 36 minutes 44
7seconds East along the north line of said Lot 5, a distance of
840.00 feet; thence South 0 degrees 24 minutes 03 seconds East,
9a distance of 13.87 feet; thence South 89 degrees 35 minutes 57
10seconds West, a distance of 36.00 feet; thence South 0 degrees
1124 minutes 03 seconds East, a distance of 11.00 feet; thence
12South 89 degrees 35 minutes 57 seconds West, a distance of 4.00
13feet; thence North 0 degrees 24 minutes 03 seconds West, a
14distance of 25.42 feet to the point of beginning.
 
15    Said temporary easement containing 0.014 acre, more or
16less.
 
17    Said temporary easement to be used for grading purposes.
 
18    ***
 
19    That part of Lot 5 in The Meadows Commercial Subdivision,
20being a resubdivision of part Lot 8 in The Meadows, according
21to the plat thereof recorded October 23, 2001 as document

 

 

HB5447 Enrolled- 2111 -LRB100 16294 AMC 31417 b

1number 2001R0079191 and part of Lot 2 in Govnors Subdivision,
2according to the plat thereof recorded March 20, 2001 as
3document number 2001R0016624, in the Northeast Quarter of
4Section 30, Township 43 North, Range 8 East of the Third
5Principal Meridian, according to the plat of said The Meadows
6Commercial Subdivision recorded January 31, 2003 as document
7number 2003R0013439, in McHenry County, Illinois, bearings and
8distances are based on the Illinois Coordinate System, NAD
983(2011) East Zone, with a combination factor of 0.9999373735,
10described as follows:
 
11    Beginning at the northeast corner of said Lot 5; thence on
12an Illinois Coordinate System NAD 83(2011) East Zone bearing of
13South 0 degrees 23 minutes 56 seconds East along the east line
14of said Lot 5, a distance of 203.14 feet to the southerly line
15of Lot 5; thence South 74 degrees 54 minutes 28 seconds West
16along the southerly line of said Lot 5, a distance of 19.18
17feet; thence North 0 degrees 24 minutes 03 seconds West, a
18distance of 38.64 feet; thence North 90 degrees 00 minutes 00
19seconds East, a distance of 10.00 feet; thence North 0 degrees
2024 minutes 03 seconds West, a distance of 169.43 feet to the
21north line of said Lot 5; thence North 89 degrees 36 minutes 04
22seconds East along the north line of said Lot 5, a distance of
238.56 feet to the point of beginning.
 
24    Said parcel containing 0.049 acre, more or less.
 

 

 

HB5447 Enrolled- 2112 -LRB100 16294 AMC 31417 b

1    ***
 
2    That part of Lot 5 in The Meadows Commercial Subdivision,
3being a resubdivision of part Lot 8 in The Meadows, according
4to the plat thereof recorded October 23, 2001 as document
5number 2001R0079191 and part of Lot 2 in Govnors Subdivision,
6according to the plat thereof recorded March 20, 2001 as
7document number 2001R0016624, in the Northeast Quarter of
8Section 30, Township 43 North, Range 8 East of the Third
9Principal Meridian, according to the plat of said The Meadows
10Commercial Subdivision recorded January 31, 2003 as document
11number 2003R0013439, in McHenry County, Illinois, bearings and
12distances are based on the Illinois Coordinate System, NAD
1383(2011) East Zone, with a combination factor of 0.9999373735,
14described as follows:
 
15    Commencing at the northeast corner of said Lot 5; thence on
16an Illinois Coordinate System NAD 83(2011) East Zone bearing of
17South 0 degrees 23 minutes 56 seconds East along the east line
18of said Lot 5, a distance of 203.14 feet to the southerly line
19of Lot 5; thence South 74 degrees 54 minutes 28 seconds West
20along the southerly line of said Lot 5, a distance of 19.18
21feet to the point of beginning; thence North 0 degrees 24
22minutes 03 seconds West, a distance of 38.64 feet; thence South
2389 degrees 35 minutes 57 seconds West, a distance of 70.00

 

 

HB5447 Enrolled- 2113 -LRB100 16294 AMC 31417 b

1feet; thence South 0 degrees 24 minutes 03 seconds East, a
2distance of 39.89 feet to the south line of said Lot 5; thence
3North 89 degrees 36 minutes 04 seconds East along the south
4line of said Lot 5, a distance of 65.24 feet to the southerly
5line of Lot 5; thence North 74 degrees 54 minutes 28 seconds
6East along the southerly line of said Lot 5, a distance of 4.92
7feet to the point of beginning.
 
8    Said temporary easement containing 0.064 acre, more or
9less.
 
10    Said temporary easement to be used for grading and driveway
11construction purposes.
 
12    ***
 
13    That part of Lot 5 in The Meadows Commercial Subdivision,
14being a resubdivision of part Lot 8 in The Meadows, according
15to the plat thereof recorded October 23, 2001 as document
16number 2001R0079191 and part of Lot 2 in Govnors Subdivision,
17according to the plat thereof recorded March 20, 2001 as
18document number 2001R0016624, in the Northeast Quarter of
19Section 30, Township 43 North, Range 8 East of the Third
20Principal Meridian, according to the plat of said The Meadows
21Commercial Subdivision recorded January 31, 2003 as document
22number 2003R0013439, in McHenry County, Illinois, bearings and

 

 

HB5447 Enrolled- 2114 -LRB100 16294 AMC 31417 b

1distances are based on the Illinois Coordinate System, NAD
283(2011) East Zone, with a combination factor of 0.9999373735,
3described as follows:
 
4    Commencing at the northeast corner of said Lot 5; thence on
5an Illinois Coordinate System NAD 83(2011) East Zone bearing of
6South 0 degrees 23 minutes 56 seconds East along the east line
7of said Lot 5, a distance of 203.14 feet to the southerly line
8of Lot 5; thence South 74 degrees 54 minutes 28 seconds West
9along the southerly line of said Lot 5, a distance of 19.18
10feet; thence North 0 degrees 24 minutes 03 seconds West, a
11distance of 38.64 feet to the point of beginning; thence North
1290 degrees 00 minutes 00 seconds East, a distance of 10.00
13feet; thence North 0 degrees 24 minutes 03 seconds West, a
14distance of 169.43 feet to the north line of said Lot 5; thence
15South 89 degrees 36 minutes 04 seconds West along the north
16line of said Lot 5, a distance of 10.00 feet; thence South 0
17degrees 24 minutes 03 seconds East, a distance of 169.36 feet
18to the point of beginning.
 
19    Said temporary easement containing 0.039 acre, more or
20less.
 
21    Said temporary easement to be used for grading purposes.
 
22    ***
 

 

 

HB5447 Enrolled- 2115 -LRB100 16294 AMC 31417 b

1    That part of Lots 3 and 4 in Lake in the Hills
2Entertainment Park, being a subdivision of part of the West
3Half of the Northwest Quarter of Section 29, Township 43 North,
4Range 8 East of the Third Principal Meridian, according to the
5plat thereof recorded June 28, 1996 as document number
696R033436, in McHenry County, Illinois, bearings and distances
7are based on the Illinois Coordinate System, NAD 83(2011) East
8Zone, with a combination factor of 0.9999373735, described as
9follows:
 
10    Beginning at the northwest corner of said Lot 3; thence on
11an Illinois Coordinate System NAD 83(2011) East Zone bearing of
12South 89 degrees 37 minutes 01 second East along the north line
13of said Lot 3, a distance of 16.57 feet; thence South 0 degrees
1424 minutes 03 seconds East, a distance of 164.99 feet to the
15south line of said Lot 3; thence North 89 degrees 36 minutes 47
16seconds West along the south line of said Lot 3, a distance of
174.00 feet; thence South 0 degrees 24 minutes 03 seconds East, a
18distance of 149.45 feet; thence North 89 degrees 35 minutes 57
19seconds East, a distance of 4.00 feet; thence South 0 degrees
2024 minutes 03 seconds East, a distance of 15.59 feet to the
21south line of said Lot 4; thence North 89 degrees 36 minutes 44
22seconds West along the south line of said Lot 4, a distance of
2317.59 feet to the southwest corner of Lot 4; thence North 0
24degrees 13 minutes 26 seconds West along the west line of said

 

 

HB5447 Enrolled- 2116 -LRB100 16294 AMC 31417 b

1Lots 3 and 4, a distance of 329.96 feet to the point of
2beginning.
 
3    Said parcel containing 0.116 acre, more or less.
 
4    ***
 
5    That part of Lots 3 and 4 in Lake in the Hills
6Entertainment Park, being a subdivision of part of the West
7Half of the Northwest Quarter of Section 29, Township 43 North,
8Range 8 East of the Third Principal Meridian, according to the
9plat thereof recorded June 28, 1996 as document number
1096R033436, in McHenry County, Illinois, bearings and distances
11are based on the Illinois Coordinate System, NAD 83(2011) East
12Zone, with a combination factor of 0.9999373735, described as
13follows:
 
14    Commencing at the northwest corner of said Lot 3; thence on
15an Illinois Coordinate System NAD 83(2011) East Zone bearing of
16South 89 degrees 37 minutes 01 second East along the north line
17of said Lot 3, a distance of 16.57 feet to the point of
18beginning; thence South 0 degrees 24 minutes 03 seconds East, a
19distance of 164.99 feet to the south line of said Lot 3; thence
20North 89 degrees 36 minutes 47 seconds West along the south
21line of said Lot 3, a distance of 4.00 feet; thence South 0
22degrees 24 minutes 03 seconds East, a distance of 149.45 feet;

 

 

HB5447 Enrolled- 2117 -LRB100 16294 AMC 31417 b

1thence North 89 degrees 35 minutes 57 seconds East, a distance
2of 4.00 feet; thence South 0 degrees 24 minutes 03 seconds
3East, a distance of 15.59 feet to the south line of said Lot 4;
4thence South 89 degrees 36 minutes 44 seconds East along the
5south line of said Lot 4, a distance of 40.00 feet; thence
6North 0 degrees 24 minutes 03 seconds West, a distance of 26.13
7feet; thence South 89 degrees 35 minutes 57 seconds West, a
8distance of 25.00 feet; thence North 0 degrees 24 minutes 03
9seconds West, distance of 160.00 feet; thence South 89 degrees
1035 minutes 57 seconds West, a distance of 6.00 feet; thence
11North 0 degrees 24 minutes 03 seconds West, a distance of
12144.26 feet to the north line of said Lot 3; thence North 89
13degrees 37 minutes 01 second West along the north line of said
14Lot 3, a distance of 9.00 feet to the point of beginning.
 
15    Said temporary easement containing 0.122 acre, more or
16less.
 
17    Said temporary easement to be used for grading and parking
18lot construction purposes.
 
19    ***
 
20    That part of Lot 6 in The Meadows Commercial Subdivision,
21being a resubdivision of part Lot 8 in The Meadows, according
22to the plat thereof recorded October 23, 2001 as document

 

 

HB5447 Enrolled- 2118 -LRB100 16294 AMC 31417 b

1number 2001R0079191 and part of Lot 2 in Govnors Subdivision,
2according to the plat thereof recorded March 20, 2001 as
3document number 2001R0016624, in the Northeast Quarter of
4Section 30, Township 43 North, Range 8 East of the Third
5Principal Meridian, according to the plat of said The Meadows
6Commercial Subdivision recorded January 31, 2003 as document
7number 2003R0013439, in McHenry County, Illinois, bearings and
8distances are based on the Illinois Coordinate System, NAD
983(2011) East Zone, with a combination factor of 0.9999373735,
10described as follows:
 
11    Beginning at the southeast corner of said Lot 6; thence on
12an Illinois Coordinate System NAD 83(2011) East Zone bearing of
13South 89 degrees 36 minutes 04 seconds West along the south
14line of said Lot 6, a distance of 8.56 feet; thence North 0
15degrees 24 minutes 03 seconds West, a distance of 218.99 feet
16to the north line of said Lot 6; thence North 89 degrees 36
17minutes 04 seconds East along the north line of said Lot 6, a
18distance of 8.56 feet to the northeast corner of Lot 6; thence
19South 0 degrees 23 minutes 56 seconds East along the east line
20of said Lot 6, a distance of 218.99 feet to the point of
21beginning.
 
22    Said parcel containing 0.043 acre, more or less.
 
23    ***
 

 

 

HB5447 Enrolled- 2119 -LRB100 16294 AMC 31417 b

1    That part of Lot 6 in The Meadows Commercial Subdivision,
2being a resubdivision of part Lot 8 in The Meadows, according
3to the plat thereof recorded October 23, 2001 as document
4number 2001R0079191 and part of Lot 2 in Govnors Subdivision,
5according to the plat thereof recorded March 20, 2001 as
6document number 2001R0016624, in the Northeast Quarter of
7Section 30, Township 43 North, Range 8 East of the Third
8Principal Meridian, according to the plat of said The Meadows
9Commercial Subdivision recorded January 31, 2003 as document
10number 2003R0013439, in McHenry County, Illinois, bearings and
11distances are based on the Illinois Coordinate System, NAD
1283(2011) East Zone, with a combination factor of 0.9999373735,
13described as follows:
 
14    Commencing at the southeast corner of said Lot 6; thence on
15an Illinois Coordinate System NAD 83(2011) East Zone bearing of
16South 89 degrees 36 minutes 04 seconds West along the south
17line of said Lot 6, a distance of 8.56 feet to the point of
18beginning; thence North 0 degrees 24 minutes 03 seconds West, a
19distance of 218.99 feet to the north line of said Lot 6; thence
20South 89 degrees 36 minutes 04 seconds West along the north
21line of said Lot 6, a distance of 10.00 feet; thence South 0
22degrees 24 minutes 03 seconds East, a distance of 218.99 feet
23to the south line of said Lot 6; thence North 89 degrees 36
24minutes 04 seconds East along the south line of said Lot 6, a

 

 

HB5447 Enrolled- 2120 -LRB100 16294 AMC 31417 b

1distance of 10.00 feet to the point of beginning.
 
2    Said temporary easement containing 0.050 acre, more or
3less.
 
4    Said temporary easement to be used for grading purposes.
 
5    ***
 
6    That part of Lot 2 in The Meadows Commercial Subdivision,
7being a resubdivision of part Lot 8 in The Meadows, according
8to the plat thereof recorded October 23, 2001 as document
9number 2001R0079191 and part of Lot 2 in Govnors Subdivision,
10according to the plat thereof recorded March 20, 2001 as
11document number 2001R0016624, in the Northeast Quarter of
12Section 30, Township 43 North, Range 8 East of the Third
13Principal Meridian, according to the plat of said The Meadows
14Commercial Subdivision recorded January 31, 2003 as document
15number 2003R0013439, in McHenry County, Illinois, bearings and
16distances are based on the Illinois Coordinate System, NAD
1783(2011) East Zone, with a combination factor of 0.9999373735,
18described as follows:
 
19    Beginning at an easterly corner of said Lot 2, being also
20the northwest corner of Outlot A in said The Meadows Commercial
21Subdivision; thence on an Illinois Coordinate System NAD

 

 

HB5447 Enrolled- 2121 -LRB100 16294 AMC 31417 b

183(2011) East Zone bearing of South 0 degrees 23 minutes 56
2seconds East along an east line of said Lot 2, a distance of
356.28 feet to the easterly line of Lot 2; thence South 7
4degrees 12 minutes 42 seconds East along the easterly line of
5said Lot 2, a distance of 12.32 feet; thence North 90 degrees
600 minutes 00 seconds West, a distance of 11.46 feet; thence
7North 0 degrees 23 minutes 56 seconds West, a distance of 71.90
8feet to the northeasterly line of said Lot 2; thence
9southeasterly 10.59 feet along the northeasterly line of said
10Lot 2 on a curve to the left having a radius of 264.98 feet, the
11chord of said curve bears South 71 degrees 15 minutes 44
12seconds East, 10.59 feet to the point of beginning.
 
13    Said temporary easement containing 0.016 acre, more or
14less.
 
15    Said temporary easement to be used for grading purposes.
 
16    ***
 
17    That part of Lot 2 in Lake in the Hills Entertainment Park,
18being a subdivision of part of the West Half of the Northwest
19Quarter of Section 29, Township 43 North, Range 8 East of the
20Third Principal Meridian, according to the plat thereof
21recorded June 28, 1996 as document number 96R033436, in McHenry
22County, Illinois, bearings and distances are based on the

 

 

HB5447 Enrolled- 2122 -LRB100 16294 AMC 31417 b

1Illinois Coordinate System, NAD 83(2011) East Zone, with a
2combination factor of 0.9999373735, described as follows:
 
3    Beginning at the northwest corner of said Lot 2; thence on
4an Illinois Coordinate System NAD 83(2011) East Zone bearing of
5South 89 degrees 37 minutes 15 seconds East along the north
6line of said Lot 2, a distance of 15.72 feet; thence South 0
7degrees 24 minutes 03 seconds East, a distance of 275.76 feet
8to the south line of said Lot 2; thence North 89 degrees 37
9minutes 01 second West along the south line of said Lot 2, a
10distance of 16.57 feet to the southwest corner of Lot 2; thence
11North 0 degrees 13 minutes 26 seconds West along the west line
12of said Lot 2, a distance of 275.74 feet (275.78 feet,
13recorded) to the point of beginning.
 
14    Said parcel containing 0.102 acre, more or less.
 
15    ***
 
16    That part of Lot 2 in Lake in the Hills Entertainment Park,
17being a subdivision of part of the West Half of the Northwest
18Quarter of Section 29, Township 43 North, Range 8 East of the
19Third Principal Meridian, according to the plat thereof
20recorded June 28, 1996 as document number 96R033436, in McHenry
21County, Illinois, bearings and distances are based on the
22Illinois Coordinate System, NAD 83(2011) East Zone, with a

 

 

HB5447 Enrolled- 2123 -LRB100 16294 AMC 31417 b

1combination factor of 0.9999373735, described as follows:
 
2    Commencing at the northwest corner of said Lot 2; thence on
3an Illinois Coordinate System NAD 83(2011) East Zone bearing of
4South 89 degrees 37 minutes 15 seconds East along the north
5line of said Lot 2, a distance of 15.72 feet to the point of
6beginning; thence South 0 degrees 24 minutes 03 seconds East, a
7distance of 275.76 feet to the south line of said Lot 2; thence
8South 89 degrees 37 minutes 01 second East along the south line
9of said Lot 2, a distance of 9.00 feet; thence North 0 degrees
1024 minutes 03 seconds West, a distance of 12.74 feet; thence
11South 89 degrees 35 minutes 57 seconds West, a distance of 6.50
12feet; thence North 0 degrees 24 minutes 03 seconds West, a
13distance of 263.11 feet to the north line of said Lot 2; thence
14North 89 degrees 37 minutes 15 seconds West along the north
15line of said Lot 2, a distance of 2.50 feet to the point of
16beginning.
 
17    Said temporary easement containing 0.018 acre, more or
18less.
 
19    Said temporary easement to be used for grading purposes.
 
20    ***
 
21    That part of Lot 7 in The Meadows Commercial Subdivision,

 

 

HB5447 Enrolled- 2124 -LRB100 16294 AMC 31417 b

1being a resubdivision of part Lot 8 in The Meadows, according
2to the plat thereof recorded October 23, 2001 as document
3number 2001R0079191 and part of Lot 2 in Govnors Subdivision,
4according to the plat thereof recorded March 20, 2001 as
5document number 2001R0016624, in the Northeast Quarter of
6Section 30, Township 43 North, Range 8 East of the Third
7Principal Meridian, according to the plat of said The Meadows
8Commercial Subdivision recorded January 31, 2003 as document
9number 2003R0013439, in McHenry County, Illinois, bearings and
10distances are based on the Illinois Coordinate System, NAD
1183(2011) East Zone, with a combination factor of 0.9999373735,
12described as follows:
 
13    Beginning at the southeast corner of said Lot 7; thence on
14an Illinois Coordinate System NAD 83(2011) East Zone bearing of
15South 89 degrees 36 minutes 04 seconds West along the south
16line of said Lot 7, a distance of 18.56 feet; thence North 0
17degrees 24 minutes 03 seconds West, a distance of 218.99 feet
18to the north line of said Lot 7; thence North 89 degrees 36
19minutes 04 seconds East along the north line of said Lot 7, a
20distance of 18.57 feet to the northeast corner of Lot 7; thence
21South 0 degrees 23 minutes 56 seconds East along the east line
22of said Lot 7, a distance of 218.99 feet to the point of
23beginning.
 
24    Said parcel containing 0.093 acre, more or less.
 

 

 

HB5447 Enrolled- 2125 -LRB100 16294 AMC 31417 b

1    ***
 
2    That part of Lot 8 in The Meadows Commercial Subdivision,
3being a resubdivision of part Lot 8 in The Meadows, according
4to the plat thereof recorded October 23, 2001 as document
5number 2001R0079191 and part of Lot 2 in Govnors Subdivision,
6according to the plat thereof recorded March 20, 2001 as
7document number 2001R0016624, in the Northeast Quarter of
8Section 30, Township 43 North, Range 8 East of the Third
9Principal Meridian, according to the plat of said The Meadows
10Commercial Subdivision recorded January 31, 2003 as document
11number 2003R0013439, in McHenry County, Illinois, bearings and
12distances are based on the Illinois Coordinate System, NAD
1383(2011) East Zone, with a combination factor of 0.9999373735,
14described as follows:
 
15    Beginning at the southeast corner of said Lot 8; thence on
16an Illinois Coordinate System NAD 83(2011) East Zone bearing of
17South 89 degrees 36 minutes 04 seconds West along the south
18line of said Lot 8, a distance of 18.57 feet; thence North 0
19degrees 24 minutes 03 seconds West, a distance of 194.87 feet;
20thence North 49 degrees 42 minutes 55 seconds West, a distance
21of 38.28 feet; thence South 89 degrees 36 minutes 04 seconds
22West, a distance of 181.35 feet to the northwesterly line of
23said Lot 8; thence North 44 degrees 38 minutes 16 seconds East

 

 

HB5447 Enrolled- 2126 -LRB100 16294 AMC 31417 b

1along the northwesterly line of said Lot 8, a distance of 9.91
2feet to the north line of Lot 8; thence North 89 degrees 36
3minutes 04 seconds East along the north line of said Lot 8, a
4distance of 194.58 feet to the northeasterly line of Lot 8;
5thence South 49 degrees 42 minutes 10 seconds East along the
6northeasterly line of said Lot 8, a distance of 36.11 feet to
7the east line of Lot 8; thence South 0 degrees 23 minutes 56
8seconds East along the east line of said Lot 8, a distance of
9203.28 feet to the point of beginning.
 
10    Said parcel containing 0.131 acre, more or less.
 
11    ***
 
12    That part of Lot 8 in The Meadows Commercial Subdivision,
13being a resubdivision of part Lot 8 in The Meadows, according
14to the plat thereof recorded October 23, 2001 as document
15number 2001R0079191 and part of Lot 2 in Govnors Subdivision,
16according to the plat thereof recorded March 20, 2001 as
17document number 2001R0016624, in the Northeast Quarter of
18Section 30, Township 43 North, Range 8 East of the Third
19Principal Meridian, according to the plat of said The Meadows
20Commercial Subdivision recorded January 31, 2003 as document
21number 2003R0013439, in McHenry County, Illinois, bearings and
22distances are based on the Illinois Coordinate System, NAD
2383(2011) East Zone, with a combination factor of 0.9999373735,

 

 

HB5447 Enrolled- 2127 -LRB100 16294 AMC 31417 b

1described as follows:
 
2    Commencing at the southeast corner of said Lot 8; thence on
3an Illinois Coordinate System NAD 83(2011) East Zone bearing of
4South 89 degrees 36 minutes 04 seconds West along the south
5line of said Lot 8, a distance of 18.57 feet; thence North 0
6degrees 24 minutes 03 seconds West, a distance of 194.87 feet;
7thence North 49 degrees 42 minutes 55 seconds West, a distance
8of 21.46 feet to the point of beginning; thence continuing
9North 49 degrees 42 minutes 55 seconds West, a distance of
1016.82 feet; thence South 89 degrees 36 minutes 04 seconds West,
11a distance of 181.35 feet to the northwesterly line of said Lot
128; thence South 44 degrees 38 minutes 16 seconds West along the
13northwesterly line of said Lot 8, a distance of 22.64 feet to
14the west line of Lot 8; thence South 0 degrees 23 minutes 56
15seconds East along the west line of said Lot 8, a distance of
167.07 feet; thence North 44 degrees 38 minutes 16 seconds East,
17a distance of 17.12 feet; thence North 89 degrees 35 minutes 57
18seconds East, a distance of 198.02 feet to the point of
19beginning.
 
20    Said temporary easement containing 0.050 acre, more or
21less.
 
22    Said temporary easement to be used for grading purposes.
 

 

 

HB5447 Enrolled- 2128 -LRB100 16294 AMC 31417 b

1    ***
 
2    That part of Lot 9 in The Meadows Commercial Subdivision,
3being a resubdivision of part Lot 8 in The Meadows, according
4to the plat thereof recorded October 23, 2001 as document
5number 2001R0079191 and part of Lot 2 in Govnors Subdivision,
6according to the plat thereof recorded March 20, 2001 as
7document number 2001R0016624, in the Northeast Quarter of
8Section 30, Township 43 North, Range 8 East of the Third
9Principal Meridian, according to the plat of said The Meadows
10Commercial Subdivision recorded January 31, 2003 as document
11number 2003R0013439, in McHenry County, Illinois, bearings and
12distances are based on the Illinois Coordinate System, NAD
1383(2011) East Zone, with a combination factor of 0.9999373735,
14described as follows:
 
15    Beginning at the northeast corner of said Lot 9; thence on
16an Illinois Coordinate System NAD 83(2011) East Zone bearing of
17South 0 degrees 23 minutes 56 seconds East along the east line
18of said Lot 9, a distance of 167.70 feet to the southeasterly
19line of Lot 9; thence South 53 degrees 36 minutes 38 seconds
20West along the southeasterly line of said Lot 9, a distance of
2110.61 feet; thence North 0 degrees 24 minutes 03 seconds West,
22a distance of 173.94 feet to the north line of said Lot 9;
23thence North 89 degrees 36 minutes 04 seconds East along the
24north line of said Lot 9, a distance of 8.59 feet to the point

 

 

HB5447 Enrolled- 2129 -LRB100 16294 AMC 31417 b

1of beginning.
 
2    Said parcel containing 0.034 acre, more or less.
 
3    ***
 
4    That part of Lot 9 in The Meadows Commercial Subdivision,
5being a resubdivision of part Lot 8 in The Meadows, according
6to the plat thereof recorded October 23, 2001 as document
7number 2001R0079191 and part of Lot 2 in Govnors Subdivision,
8according to the plat thereof recorded March 20, 2001 as
9document number 2001R0016624, in the Northeast Quarter of
10Section 30, Township 43 North, Range 8 East of the Third
11Principal Meridian, according to the plat of said The Meadows
12Commercial Subdivision recorded January 31, 2003 as document
13number 2003R0013439, in McHenry County, Illinois, bearings and
14distances are based on the Illinois Coordinate System, NAD
1583(2011) East Zone, with a combination factor of 0.9999373735,
16described as follows:
 
17    Beginning at the southwest corner of said Lot 9; thence
18easterly 15.04 feet (15.06 feet, recorded) along the southerly
19line of said Lot 9 on a curve to the left having a radius of
20169.99 feet, the chord of said curve bears on an Illinois
21Coordinate System NAD 83(2011) East Zone bearing of South 87
22degrees 51 minutes 52 seconds East, 15.03 feet to a point of

 

 

HB5447 Enrolled- 2130 -LRB100 16294 AMC 31417 b

1tangency on the south line of Lot 9; thence North 89 degrees 36
2minutes 04 seconds East along the south line of said Lot 9, a
3distance of 13.19 feet; thence North 0 degrees 00 minutes 00
4seconds East, a distance of 38.80 feet; thence North 90 degrees
500 minutes 00 seconds West, a distance of 28.48 feet to the
6west line of said Lot 9; thence South 0 degrees 23 minutes 56
7seconds East along the west line of said Lot 9, a distance of
838.34 feet to the point of beginning.
 
9    Said temporary easement containing 0.025 acre, more or
10less.
 
11    Said temporary easement to be used for driveway
12construction purposes.
 
13    ***
 
14    That part of Lot 9 in The Meadows Commercial Subdivision,
15being a resubdivision of part Lot 8 in The Meadows, according
16to the plat thereof recorded October 23, 2001 as document
17number 2001R0079191 and part of Lot 2 in Govnors Subdivision,
18according to the plat thereof recorded March 20, 2001 as
19document number 2001R0016624, in the Northeast Quarter of
20Section 30, Township 43 North, Range 8 East of the Third
21Principal Meridian, according to the plat of said The Meadows
22Commercial Subdivision recorded January 31, 2003 as document

 

 

HB5447 Enrolled- 2131 -LRB100 16294 AMC 31417 b

1number 2003R0013439, in McHenry County, Illinois, bearings and
2distances are based on the Illinois Coordinate System, NAD
383(2011) East Zone, with a combination factor of 0.9999373735,
4described as follows:
 
5    Commencing at the northeast corner of said Lot 9; thence on
6an Illinois Coordinate System NAD 83(2011) East Zone bearing of
7South 0 degrees 23 minutes 56 seconds East along the east line
8of said Lot 9, a distance of 167.70 feet to the southeasterly
9line of Lot 9; thence South 53 degrees 36 minutes 38 seconds
10West along the southeasterly line of said Lot 9, a distance of
1110.61 feet to the point of beginning; thence North 0 degrees 24
12minutes 03 seconds West, a distance of 173.94 feet to the north
13line of said Lot 9; thence South 89 degrees 36 minutes 04
14seconds West along the north line of said Lot 9, a distance of
1520.00 feet; thence South 0 degrees 24 minutes 03 seconds East,
16a distance of 186.36 feet to the southerly line of said Lot 9;
17thence North 81 degrees 26 minutes 28 seconds East along the
18southerly line of said Lot 9, a distance of 3.65 feet to the
19southeasterly line of Lot 9; thence North 53 degrees 36 minutes
2038 seconds East along the southeasterly line of said Lot 9, a
21distance of 20.26 feet to the point of beginning.
 
22    Said temporary easement containing 0.083 acre, more or
23less.
 

 

 

HB5447 Enrolled- 2132 -LRB100 16294 AMC 31417 b

1    Said temporary easement to be used for grading purposes.
 
2    ***
 
3    That part of Lot 3 in Acorn Lane Commercial Center Unit 3,
4being a subdivision of part of the West Half of the Northwest
5Quarter of Section 29 and the Southwest Quarter of the
6Southwest Quarter of Section 20, Township 43 North, Range 8
7East of the Third Principal Meridian, according to the plat
8thereof recorded March 21, 1997 as document number 97R012763,
9in McHenry County, Illinois, bearings and distances are based
10on the Illinois Coordinate System, NAD 83(2011) East Zone, with
11a combination factor of 0.9999373735, described as follows:
 
12    Beginning at the southwest corner of said Lot 3; thence on
13an Illinois Coordinate System NAD 83(2011) East Zone bearing of
14North 0 degrees 13 minutes 26 seconds West along the west line
15of said Lot 3, a distance of 10.50 feet; thence North 89
16degrees 35 minutes 57 seconds East, a distance of 181.96 feet
17to the east line of said Lot 3; thence South 0 degrees 08
18minutes 34 seconds East along the east line of said Lot 3, a
19distance of 12.98 feet to the southeast corner of Lot 3; thence
20North 89 degrees 37 minutes 15 seconds West along the south
21line of said Lot 3, a distance of 181.95 feet to the point of
22beginning.
 

 

 

HB5447 Enrolled- 2133 -LRB100 16294 AMC 31417 b

1    Said parcel containing 0.049 acre, more or less.
 
2    ***
 
3    That part of Lot 3 in Acorn Lane Commercial Center Unit 3,
4being a subdivision of part of the West Half of the Northwest
5Quarter of Section 29 and the Southwest Quarter of the
6Southwest Quarter of Section 20, Township 43 North, Range 8
7East of the Third Principal Meridian, according to the plat
8thereof recorded March 21, 1997 as document number 97R012763,
9in McHenry County, Illinois, bearings and distances are based
10on the Illinois Coordinate System, NAD 83(2011) East Zone, with
11a combination factor of 0.9999373735, described as follows:
 
12    Commencing at the southwest corner of said Lot 3; thence on
13an Illinois Coordinate System NAD 83(2011) East Zone bearing of
14North 0 degrees 13 minutes 26 seconds West along the west line
15of said Lot 3, a distance of 10.50 feet to the point of
16beginning; thence North 89 degrees 35 minutes 57 seconds East,
17a distance of 85.99 feet; thence North 0 degrees 24 minutes 03
18seconds West, a distance of 10.00 feet; thence South 89 degrees
1935 minutes 57 seconds West, a distance of 85.96 feet to the
20west line of said Lot 3; thence South 0 degrees 13 minutes 26
21seconds East along the west line of said Lot 3, a distance of
2210.00 feet to the point of beginning.
 

 

 

HB5447 Enrolled- 2134 -LRB100 16294 AMC 31417 b

1    Said temporary easement containing 0.020 acre, more or
2less.
 
3    Said temporary easement to be used for grading and driveway
4construction purposes.
 
5    ***
 
6    That part of Lot 10 in The Meadows Commercial Subdivision,
7being a resubdivision of part Lot 8 in The Meadows, according
8to the plat thereof recorded October 23, 2001 as document
9number 2001R0079191 and part of Lot 2 in Govnors Subdivision,
10according to the plat thereof recorded March 20, 2001 as
11document number 2001R0016624, in the Northeast Quarter of
12Section 30, Township 43 North, Range 8 East of the Third
13Principal Meridian, according to the plat of said The Meadows
14Commercial Subdivision recorded January 31, 2003 as document
15number 2003R0013439, in McHenry County, Illinois, bearings and
16distances are based on the Illinois Coordinate System, NAD
1783(2011) East Zone, with a combination factor of 0.9999373735,
18described as follows:
 
19    Beginning at the southeast corner of said Lot 10; thence on
20an Illinois Coordinate System NAD 83(2011) East Zone bearing of
21South 89 degrees 36 minutes 04 seconds West along the south
22line of said Lot 10, a distance of 8.59 feet; thence North 0

 

 

HB5447 Enrolled- 2135 -LRB100 16294 AMC 31417 b

1degrees 24 minutes 03 seconds West, a distance of 175.93 feet
2to the north line of said Lot 10; thence North 89 degrees 27
3minutes 07 seconds East along the north line of said Lot 10, a
4distance of 8.60 feet to the northeast corner of Lot 10; thence
5South 0 degrees 23 minutes 56 seconds East along the east line
6of said Lot 10, a distance of 175.95 feet to the point of
7beginning.
 
8    Said parcel containing 0.035 acre, more or less.
 
9    ***
 
10    That part of Lot 10 in The Meadows Commercial Subdivision,
11being a resubdivision of part Lot 8 in The Meadows, according
12to the plat thereof recorded October 23, 2001 as document
13number 2001R0079191 and part of Lot 2 in Govnors Subdivision,
14according to the plat thereof recorded March 20, 2001 as
15document number 2001R0016624, in the Northeast Quarter of
16Section 30, Township 43 North, Range 8 East of the Third
17Principal Meridian, according to the plat of said The Meadows
18Commercial Subdivision recorded January 31, 2003 as document
19number 2003R0013439, in McHenry County, Illinois, bearings and
20distances are based on the Illinois Coordinate System, NAD
2183(2011) East Zone, with a combination factor of 0.9999373735,
22described as follows:
 

 

 

HB5447 Enrolled- 2136 -LRB100 16294 AMC 31417 b

1    Commencing at the southeast corner of said Lot 10; thence
2on an Illinois Coordinate System NAD 83(2011) East Zone bearing
3of South 89 degrees 36 minutes 04 seconds West along the south
4line of said Lot 10, a distance of 8.59 feet to the point of
5beginning; thence North 0 degrees 24 minutes 03 seconds West, a
6distance of 175.93 feet to the north line of said Lot 10;
7thence South 89 degrees 27 minutes 07 seconds West along the
8north line of said Lot 10, a distance of 20.00 feet; thence
9South 0 degrees 24 minutes 03 seconds East, a distance of
10175.88 feet to the south line of said Lot 10; thence North 89
11degrees 36 minutes 04 seconds East along the south line of said
12Lot 10, a distance of 20.00 feet to the point of beginning.
 
13    Said temporary easement containing 0.081 acre, more or
14less.
 
15    Said temporary easement to be used for grading purposes.
 
16    ***
 
17    That part of Lot 25 in Northstar Phase 1, being a
18subdivision of part of the Southeast Quarter of Section 19 and
19the Northeast Quarter of Section 30, Township 43 North, Range 8
20East of the Third Principal Meridian, according to the plat
21thereof recorded July 27, 1994 as document number 94R044959, in
22McHenry County, Illinois, bearings and distances are based on

 

 

HB5447 Enrolled- 2137 -LRB100 16294 AMC 31417 b

1the Illinois Coordinate System, NAD 83(2011) East Zone, with a
2combination factor of 0.9999373735, described as follows:
 
3    Beginning at the southeast corner of said Lot 25; thence on
4an Illinois Coordinate System NAD 83(2011) East Zone bearing of
5South 89 degrees 27 minutes 07 seconds West along the south
6line of said Lot 25, a distance of 18.60 feet; thence North 0
7degrees 24 minutes 03 seconds West, a distance of 120.63 feet
8to the north line of said Lot 25; thence North 89 degrees 27
9minutes 07 seconds East along the north line of said Lot 25, a
10distance of 18.40 feet to the northeast corner of Lot 25;
11thence South 0 degrees 29 minutes 48 seconds East along the
12east line of said Lot 25, a distance of 120.63 feet to the
13point of beginning.
 
14    Said parcel containing 0.051 acre, more or less.
 
15    ***
 
16    That part of Lot 25 in Northstar Phase 1, being a
17subdivision of part of the Southeast Quarter of Section 19 and
18the Northeast Quarter of Section 30, Township 43 North, Range 8
19East of the Third Principal Meridian, according to the plat
20thereof recorded July 27, 1994 as document number 94R044959, in
21McHenry County, Illinois, bearings and distances are based on
22the Illinois Coordinate System, NAD 83(2011) East Zone, with a

 

 

HB5447 Enrolled- 2138 -LRB100 16294 AMC 31417 b

1combination factor of 0.9999373735, described as follows:
 
2    Commencing at the southeast corner of said Lot 25; thence
3on an Illinois Coordinate System NAD 83(2011) East Zone bearing
4of South 89 degrees 27 minutes 07 seconds West along the south
5line of said Lot 25, a distance of 18.60 feet to the point of
6beginning; thence North 0 degrees 24 minutes 03 seconds West, a
7distance of 120.63 feet to the north line of said Lot 25;
8thence South 89 degrees 27 minutes 07 seconds West along the
9north line of said Lot 25, a distance of 1.45 feet to the
10northwesterly line of Lot 25; thence southwesterly 48.64 feet
11along the northwesterly line of said Lot 25 on a curve to the
12right having a radius of 60.00 feet, the chord of said curve
13bears South 22 degrees 40 minutes 38 seconds West, 47.32 feet;
14thence South 0 degrees 24 minutes 03 seconds East, a distance
15of 77.15 feet to the south line of said Lot 25; thence North 89
16degrees 27 minutes 07 seconds East, along the south line of
17said Lot 25, a distance of 20.00 feet to the point of
18beginning.
 
19    Said temporary easement containing 0.043 acre, more or
20less.
 
21    Said temporary easement to be used for grading purposes.
 
22    ***
 

 

 

HB5447 Enrolled- 2139 -LRB100 16294 AMC 31417 b

1    That part of Lot 1 in Winding Creek Center, being a
2subdivision of part of the Southeast Quarter of Section 30,
3Township 43 North, Range 8 East of the Third Principal
4Meridian, according to the plat thereof recorded December 6,
52004 as document number 2004R0107449, in McHenry County,
6Illinois, bearings and distances are based on the Illinois
7Coordinate System, NAD83(2011) East Zone, with a combination
8factor of 0.9999373735, described as follows:
 
9    Beginning at the northeast corner of said Lot 1; thence on
10an Illinois Coordinate System NAD 83(2011) East Zone bearing of
11South 0 degrees 06 minutes 24 seconds East along the east line
12of said Lot 1, a distance of 24.90 feet; thence South 89
13degrees 56 minutes 44 seconds West, a distance of 73.44 feet;
14thence North 0 degrees 01 minute 01 second East, a distance of
1524.98 feet to the north line of said Lot 1; thence South 89
16degrees 59 minutes 08 seconds East along the north line of said
17Lot 1, a distance of 73.38 feet to the point of beginning.
 
18    Said temporary easement containing 0.042 acre, more or
19less.
 
20    Said temporary easement to be used for grading and
21construction purposes.
 

 

 

HB5447 Enrolled- 2140 -LRB100 16294 AMC 31417 b

1    ***
 
2    That part of Lot 1 in Re-Subdivision of Outlot A, Acorn
3Lane Commercial Center Unit 3, being a subdivision of part of
4the West Half of the Northwest Quarter of Section 29 and the
5Southwest Quarter of the Southwest Quarter of Section 20,
6Township 43 North, Range 8 East of the Third Principal
7Meridian, according to the plat thereof recorded January 31,
82007 as document number 2007R007482, in McHenry County,
9Illinois, bearings and distances are based on the Illinois
10Coordinate System, NAD 83(2011) East Zone, with a combination
11factor of 0.9999373735, described as follows:
 
12    Beginning at the most westerly southwest corner of said Lot
131; thence on an Illinois Coordinate System NAD 83(2011) East
14Zone bearing of North 0 degrees 24 minutes 36 seconds West
15along the west line of said Lot 1, a distance of 289.95 feet;
16thence North 89 degrees 28 minutes 33 seconds East, a distance
17of 310.00 feet; thence North 0 degrees 24 minutes 36 seconds
18West, a distance of 60.47 feet; thence North 89 degrees 28
19minutes 33 seconds East, a distance of 165.45 feet to the
20easterly line of said Lot 1; thence along the easterly line of
21said Lot 1 the next 19 courses, South 35 degrees 39 minutes 50
22seconds West, a distance of 31.19 feet; thence South 60 degrees
2344 minutes 41 seconds West, a distance of 32.20 feet; thence
24South 45 degrees 25 minutes 01 second West, a distance of 21.19

 

 

HB5447 Enrolled- 2141 -LRB100 16294 AMC 31417 b

1feet; thence South 23 degrees 30 minutes 06 seconds West, a
2distance of 27.80 feet; thence South 6 degrees 47 minutes 17
3seconds West, a distance of 30.19 feet; thence South 10 degrees
443 minutes 36 seconds West, a distance of 35.95 feet; thence
5South 21 degrees 27 minutes 52 seconds West, a distance of
641.40 feet; thence South 19 degrees 59 minutes 44 seconds West,
7a distance of 41.41 feet; thence South 16 degrees 10 minutes 56
8seconds West, a distance of 54.07 feet; thence South 10 degrees
950 minutes 54 seconds West, a distance of 35.58 feet; thence
10South 23 degrees 47 minutes 21 seconds East, a distance of
1129.22 feet; thence South 15 degrees 55 minutes 24 seconds West,
12a distance of 9.86 feet; thence South 35 degrees 43 minutes 39
13seconds West, a distance of 44.87 feet; thence South 42 degrees
1401 minute 14 seconds West, a distance of 45.34 feet; thence
15South 21 degrees 37 minutes 25 seconds West, a distance of
1613.18 feet; thence South 21 degrees 51 minutes 34 seconds East,
17a distance of 15.04 feet; thence South 39 degrees 49 minutes 41
18seconds East, a distance of 27.58 feet; thence South 5 degrees
1934 minutes 09 seconds West, a distance of 5.75 feet; thence
20South 15 degrees 26 minutes 48 seconds West, a distance of
2137.61 feet (37.60 feet, recorded) to the southeast corner of
22said Lot 1; thence North 89 degrees 37 minutes 15 seconds West
23along the most southerly line of said Lot 1, a distance of
2450.98 feet to a west line of Lot 1; thence North 0 degrees 13
25minutes 26 seconds West along a west line of said Lot 1, a
26distance of 149.98 feet to a south line of Lot 1; thence North

 

 

HB5447 Enrolled- 2142 -LRB100 16294 AMC 31417 b

189 degrees 37 minutes 15 seconds West along a south line of
2said Lot 1, a distance of 247.95 feet to the point of
3beginning.
 
4    Said parcel containing 2.881 acres, more or less.
 
5    ***
 
6    That part of Lot 1 in Oakridge Harnish Resubdivision, being
7a resubdivision of Lot 2 in Rosen Rosen Rosen Subdivision of
8part of the Northwest Quarter of Section 32, Township 43 North,
9Range 8 East of the Third Principal Meridian, according to the
10plat of said Oakridge Harnish Resubdivision recorded October
1120, 2005 as document number 2005R0089188, in McHenry County,
12Illinois, bearings and distances are based on the Illinois
13Coordinate System, NAD 83(2011) East Zone, with a combination
14factor of 0.9999373735, described as follows:
 
15    Beginning at the northwest corner of said Lot 1; thence on
16an Illinois Coordinate System NAD 83(2011) East Zone bearing of
17South 87 degrees 20 minutes 06 seconds East along the north
18line of said Lot 1, a distance of 15.76 feet; thence South 2
19degrees 17 minutes 50 seconds West, a distance of 191.30 feet
20to the south line of said Lot 1; thence North 87 degrees 20
21minutes 06 seconds West along the south line of said Lot 1, a
22distance of 16.99 feet to the southwest corner of Lot 1; thence

 

 

HB5447 Enrolled- 2143 -LRB100 16294 AMC 31417 b

1North 2 degrees 40 minutes 02 seconds East along the west line
2of said Lot 1, a distance of 191.29 feet (191.32 feet,
3recorded) to the point of beginning.
 
4    Said temporary easement containing 0.072 acre, more or
5less.
 
6    Said temporary easement to be used for grading purposes.
 
7    ***
 
8    That part of Lot 7, except the West 10.0 feet thereof
9conveyed to McHenry County, Illinois, by quit claim deed
10recorded July 30, 2008 as document number 2008R0041806, in
11Rosen Rosen Rosen Subdivision, being a subdivision of part of
12the Northwest Quarter of Section 32, Township 43 North, Range 8
13East of the Third Principal Meridian, according to the plat
14thereof recorded July 26, 2001 as document number 2001R0052702,
15in McHenry County, Illinois, bearings and distances are based
16on the Illinois Coordinate System, NAD83(2011) East Zone, with
17a combination factor of 0.9999373735, described as follows:
 
18    Commencing at the northwest corner of said Lot 7; thence on
19an Illinois Coordinate System NAD 83(2011) East Zone bearing of
20North 64 degrees 39 minutes 47 seconds East along a northerly
21line of said Lot 7, a distance of 11.33 feet to the east right

 

 

HB5447 Enrolled- 2144 -LRB100 16294 AMC 31417 b

1of way line of Randall Road recorded July 30, 2008 as document
2number 2008R0041806 and the point of beginning; thence
3continuing North 64 degrees 39 minutes 47 seconds East along a
4northerly line of said Lot 7, a distance of 4.03 feet; thence
5South 2 degrees 47 minutes 42 seconds West, a distance of 43.98
6feet to a southerly line of said Lot 7; thence South 81 degrees
739 minutes 50 seconds West along a southerly line of said Lot
87, a distance of 3.52 feet to the said east right of way line of
9Randall Road; thence North 2 degrees 40 minutes 02 seconds East
10along the said east right of way line of Randall Road, a
11distance of 42.76 feet to the point of beginning.
 
12    Said parcel containing 0.003 acre, more or less, or 152
13square feet, more or less.
 
14    ***
 
15    That part of Lot 7, except the West 10.0 feet thereof
16conveyed to McHenry County, Illinois, by quit claim deed
17recorded July 30, 2008 as document number 2008R0041806, in
18Rosen Rosen Rosen Subdivision, being a subdivision of part of
19the Northwest Quarter of Section 32, Township 43 North, Range 8
20East of the Third Principal Meridian, according to the plat
21thereof recorded July 26, 2001 as document number 2001R0052702,
22in McHenry County, Illinois, bearings and distances are based
23on the Illinois Coordinate System, NAD83(2011) East Zone, with

 

 

HB5447 Enrolled- 2145 -LRB100 16294 AMC 31417 b

1a combination factor of 0.9999373735, described as follows:
 
2    Commencing at the northwest corner of said Lot 7; thence on
3an Illinois Coordinate System NAD 83(2011) East Zone bearing of
4North 64 degrees 39 minutes 47 seconds East along a northerly
5line of said Lot 7, a distance of 11.33 feet to the east right
6of way line of Randall Road recorded July 30, 2008 as document
7number 2008R0041806; thence continuing North 64 degrees 39
8minutes 47 seconds East along a northerly line of said Lot 7, a
9distance of 4.03 feet to the point of beginning; thence South 2
10degrees 47 minutes 42 seconds West, a distance of 43.98 feet to
11a southerly line of said Lot 7; thence North 81 degrees 39
12minutes 50 seconds East along a southerly line of said Lot 7, a
13distance of 8.15 feet; thence North 2 degrees 47 minutes 42
14seconds East, a distance of 46.68 feet to a northerly line of
15said Lot 7; thence South 64 degrees 39 minutes 47 seconds West
16along a northerly line of said Lot 7, a distance of 9.07 feet
17to the point of beginning.
 
18    Said temporary easement containing 0.008 acre, more or
19less, or 363 square feet, more or less.
 
20    Said temporary easement to be used for grading purposes.
 
21    ***
 

 

 

HB5447 Enrolled- 2146 -LRB100 16294 AMC 31417 b

1    That part of Lot 1, except that part conveyed to McHenry
2County, Illinois, by quit claim deed recorded July 30, 2008 as
3document number 2008R0041808, in Rubloff Oakridge Second
4Resubdivision, being a resubdivision of Lot 4 in Rubloff
5Oakridge Resubdivision in the Northeast Quarter of Section 31,
6Township 43 North, Range 8 East of the Third Principal
7Meridian, according to the plat of said Rubloff Oakridge Second
8Resubdivision recorded November 1, 2002 as document number
92002R0100966, in McHenry County, Illinois, bearings and
10distances are based on the Illinois Coordinate System, NAD
1183(2011) East Zone, with a combination factor of 0.9999373735,
12described as follows:
 
13    Beginning at the southwest corner of said Lot 1; thence on
14an Illinois Coordinate System NAD 83(2011) East Zone bearing of
15North 40 degrees 57 minutes 32 seconds East, a distance of
1623.34 feet; thence North 2 degrees 09 minutes 13 seconds East,
17a distance of 7.31 feet to the north line of said Lot 1; thence
18South 89 degrees 47 minutes 46 seconds East along the north
19line of said Lot 1, a distance of 5.06 feet to the west right of
20way line of Randall Road recorded July 30, 2008 as document
21number 2008R0041810; thence South 1 degree 27 minutes 52
22seconds West along the said west right of way line of Randall
23Road, a distance of 7.32 feet to a point of curvature on said
24west right of way line; thence southwesterly 19.87 feet (19.88
25feet, recorded) along the westerly right of way line of said

 

 

HB5447 Enrolled- 2147 -LRB100 16294 AMC 31417 b

1Randall Road on a curve to the right having a radius of 25.00
2feet, the chord of said curve bears South 24 degrees 14 minutes
310 seconds West, 19.35 feet to the south line of said Lot 1;
4thence North 89 degrees 47 minutes 46 seconds West along the
5south line of said Lot 1, a distance of 12.50 feet to the point
6of beginning.
 
7    Said parcel containing 0.005 acre, more or less, or 219
8square feet, more or less.
 
9    ***
 
10    That part of Lot 1 in Rosen Rosen Rosen Subdivision, being
11a subdivision of part of the Northwest Quarter of Section 32,
12Township 43 North, Range 8 East of the Third Principal
13Meridian, according to the plat thereof recorded July 26, 2001
14as document number 2001R0052702, in McHenry County, Illinois,
15bearings and distances are based on the Illinois Coordinate
16System, NAD 83(2011) East Zone, with a combination factor of
170.9999373735, described as follows:
 
18    Commencing at the northwest corner of said Lot 1; thence on
19an Illinois Coordinate System NAD 83(2011) East Zone bearing of
20South 1 degree 27 minutes 52 seconds West along the west line
21of said Lot 1, a distance of 159.55 feet to the point of
22beginning; thence South 43 degrees 09 minutes 55 seconds East,

 

 

HB5447 Enrolled- 2148 -LRB100 16294 AMC 31417 b

1a distance of 70.65 feet; thence South 0 degrees 44 minutes 15
2seconds West, a distance of 9.66 feet to the north right of way
3line of Harnish Drive recorded July 30, 2008 as document number
42008R0041817; thence North 89 degrees 20 minutes 21 seconds
5West along the said north right of way line of Harnish Drive, a
6distance of 14.88 feet to the northeasterly right of way line
7of Harnish Drive recorded July 30, 2008 as document number
82008R0041807; thence North 43 degrees 41 minutes 30 seconds
9West along the said northeasterly right of way line of Harnish
10Drive, a distance of 49.19 feet to the west line of said Lot 1;
11thence North 1 degree 27 minutes 52 seconds East along the west
12line of said Lot 1, a distance of 25.46 feet to the point of
13beginning.
 
14    Said parcel containing 0.026 acre, more or less.
 
15    ***
 
16    That part of Lot 1 in Rosen Rosen Rosen Subdivision, being
17a subdivision of part of the Northwest Quarter of Section 32,
18Township 43 North, Range 8 East of the Third Principal
19Meridian, according to the plat thereof recorded July 26, 2001
20as document number 2001R0052702, in McHenry County, Illinois,
21bearings and distances are based on the Illinois Coordinate
22System, NAD 83(2011) East Zone, with a combination factor of
230.9999373735, described as follows:
 

 

 

HB5447 Enrolled- 2149 -LRB100 16294 AMC 31417 b

1    Beginning at the northwest corner of said Lot 1; thence on
2an Illinois Coordinate System NAD 83(2011) East Zone bearing of
3South 1 degree 27 minutes 52 seconds West along the west line
4of said Lot 1, a distance of 159.55 feet; thence South 43
5degrees 09 minutes 55 seconds East, a distance of 70.65 feet;
6thence South 0 degrees 44 minutes 15 seconds West, a distance
7of 9.66 feet to the north right of way line of Harnish Drive
8recorded July 30, 2008 as document number 2008R0041817; thence
9South 89 degrees 20 minutes 21 seconds East along the said
10north right of way line of Harnish Drive, a distance of 4.13
11feet; thence North 0 degrees 44 minutes 15 seconds East, a
12distance of 15.29 feet; thence North 43 degrees 41 minutes 30
13seconds West, a distance of 68.41 feet; thence northerly 115.11
14feet along a curve to the right having a radius of 24915.00
15feet, the chord of said curve bears North 1 degree 49 minutes
1612 seconds East, 115.11 feet; thence South 87 degrees 35
17minutes 16 seconds East, a distance of 10.00 feet; thence North
182 degrees 17 minutes 50 seconds East, a distance of 40.96 feet
19to the north line of said Lot 1; thence North 88 degrees 32
20minutes 23 seconds West along the north line of said Lot 1, a
21distance of 16.50 feet to the point of beginning.
 
22    Said temporary easement containing 0.042 acre, more or
23less.
 

 

 

HB5447 Enrolled- 2150 -LRB100 16294 AMC 31417 b

1    Said temporary easement to be used for construction
2purposes.
 
3    ***
 
4    That part of Lot 2 in Oakridge Harnish Resubdivision, being
5a resubdivision of Lot 2 in Rosen Rosen Rosen Subdivision of
6part of the Northwest Quarter of Section 32, Township 43 North,
7Range 8 East of the Third Principal Meridian, according to the
8plat of said Oakridge Harnish Resubdivision recorded October
920, 2005 as document number 2005R0089188, in McHenry County,
10Illinois, bearings and distances are based on the Illinois
11Coordinate System, NAD 83(2011) East Zone, with a combination
12factor of 0.9999373735, described as follows:
 
13    Beginning at the northwest corner of said Lot 2; thence on
14an Illinois Coordinate System NAD 83(2011) East Zone bearing of
15South 2 degrees 40 minutes 02 seconds West along the west line
16of said Lot 2, a distance of 45.92 feet (45.49 feet, recorded)
17to an angle point on the west line of Lot 2; thence South 1
18degree 27 minutes 52 seconds West along the west line of said
19Lot 2, a distance of 54.11 feet (54.52 feet, recorded) to the
20southwest corner of Lot 2; thence South 88 degrees 32 minutes
2123 seconds East along the south line of said Lot 2, a distance
22of 16.50 feet; thence North 2 degrees 17 minutes 50 seconds
23East, a distance of 99.67 feet to the north line of said Lot 2;

 

 

HB5447 Enrolled- 2151 -LRB100 16294 AMC 31417 b

1thence North 87 degrees 20 minutes 06 seconds West along the
2north line of said Lot 2, a distance of 16.99 feet to the point
3of beginning.
 
4    Said temporary easement containing 0.039 acre, more or
5less.
 
6    Said temporary easement to be used for grading purposes.
 
7    ***
 
8    That part of Lot 11 in Kaper's Business Center Unit 1,
9being a subdivision of part of the West Half of the Southwest
10Quarter of Section 29, Township 43 North, Range 8 East of the
11Third Principal Meridian, according to the plat thereof
12recorded June 4, 1997 as document number 97R025826, in McHenry
13County, Illinois, bearings and distances are based on the
14Illinois Coordinate System, NAD 83(2011) East Zone, with a
15combination factor of 0.9999373735, described as follows:
 
16    Beginning at the northwest corner of said Lot 11; thence on
17an Illinois Coordinate System NAD 83(2011) East Zone bearing of
18South 0 degrees 04 minutes 06 seconds East along the west line
19of said Lot 11, a distance of 118.49 feet to the southwest
20corner of the grantor according to special warranty deed
21recorded December 28, 2015 as document number 2015R0047895;

 

 

HB5447 Enrolled- 2152 -LRB100 16294 AMC 31417 b

1thence South 89 degrees 47 minutes 46 seconds East along the
2south line of the grantor according to said special warranty
3deed, a distance of 33.20 feet; thence North 0 degrees 01
4minute 47 seconds East, a distance of 118.49 feet to the north
5line of said Lot 11; thence North 89 degrees 47 minutes 46
6seconds West along the north line of said Lot 11, a distance of
733.28 feet to the point of beginning.
 
8    Said parcel containing 0.091 acre, more or less.
 
9    ***
 
10    That part of Lot 11 in Kaper's Business Center Unit 1,
11being a subdivision of part of the West Half of the Southwest
12Quarter of Section 29, Township 43 North, Range 8 East of the
13Third Principal Meridian, according to the plat thereof
14recorded June 4, 1997 as document number 97R025826, in McHenry
15County, Illinois, bearings and distances are based on the
16Illinois Coordinate System, NAD 83(2011) East Zone, with a
17combination factor of 0.9999373735, described as follows:
 
18    Commencing at the northwest corner of said Lot 11; thence
19on an Illinois Coordinate System NAD 83(2011) East Zone bearing
20of South 0 degrees 04 minutes 06 seconds East along the west
21line of said Lot 11, a distance of 118.49 feet to the southwest
22corner of the grantor according to special warranty deed

 

 

HB5447 Enrolled- 2153 -LRB100 16294 AMC 31417 b

1recorded December 28, 2015 as document number 2015R0047895;
2thence South 89 degrees 47 minutes 46 seconds East along the
3south line of the grantor according to said special warranty
4deed, a distance of 33.20 feet to the point of beginning;
5thence North 0 degrees 01 minute 47 seconds West, a distance of
6118.49 feet to the north line of said Lot 11; thence South 89
7degrees 47 minutes 46 seconds East along the north line of said
8Lot 11, a distance of 10.00 feet; thence South 0 degrees 01
9minute 47 seconds East, a distance of 118.49 feet to the south
10line of the grantor according to said special warranty deed;
11thence North 89 degrees 47 minutes 46 seconds West along the
12south line of the grantor according to said special warranty
13deed, a distance of 10.00 feet to the point of beginning.
 
14    Said temporary easement containing 0.027 acre, more or
15less.
 
16    Said temporary easement to be used for grading purposes.
17(Source: P.A. 100-446, eff. 8-25-17; revised 11-6-17.)
 
18    Section 600. The Illinois Antitrust Act is amended by
19changing Section 5 as follows:
 
20    (740 ILCS 10/5)  (from Ch. 38, par. 60-5)
21    Sec. 5. No provisions of this Act shall be construed to
22make illegal:

 

 

HB5447 Enrolled- 2154 -LRB100 16294 AMC 31417 b

1        (1) the activities of any labor organization or of
2    individual members thereof which are directed solely to
3    labor objectives which are legitimate under the laws of
4    either the State of Illinois or the United States;
5        (2) the activities of any agricultural or
6    horticultural cooperative organization, whether
7    incorporated or unincorporated, or of individual members
8    thereof, which are directed solely to objectives of such
9    cooperative organizations which are legitimate under the
10    laws of either the State of Illinois or the United States;
11        (3) the activities of any public utility, as defined in
12    Section 3-105 of the Public Utilities Act to the extent
13    that such activities are subject to a clearly articulated
14    and affirmatively expressed State policy to replace
15    competition with regulation, where the conduct to be
16    exempted is actively supervised by the State itself;
17        (4) the The activities of a telecommunications
18    carrier, as defined in Section 13-202 of the Public
19    Utilities Act, to the extent those activities relate to the
20    provision of noncompetitive telecommunications services
21    under the Public Utilities Act and are subject to the
22    jurisdiction of the Illinois Commerce Commission or to the
23    activities of telephone mutual concerns referred to in
24    Section 13-202 of the Public Utilities Act to the extent
25    those activities relate to the provision and maintenance of
26    telephone service to owners and customers;

 

 

HB5447 Enrolled- 2155 -LRB100 16294 AMC 31417 b

1        (5) the activities (including, but not limited to, the
2    making of or participating in joint underwriting or joint
3    reinsurance arrangement) of any insurer, insurance agent,
4    insurance broker, independent insurance adjuster or rating
5    organization to the extent that such activities are subject
6    to regulation by the Director of Insurance of this State
7    under, or are permitted or are authorized by, the Illinois
8    Insurance Code or any other law of this State;
9        (6) the religious and charitable activities of any
10    not-for-profit corporation, trust or organization
11    established exclusively for religious or charitable
12    purposes, or for both purposes;
13        (7) the activities of any not-for-profit corporation
14    organized to provide telephone service on a mutual or
15    co-operative basis or electrification on a co-operative
16    basis, to the extent such activities relate to the
17    marketing and distribution of telephone or electrical
18    service to owners and customers;
19        (8) the activities engaged in by securities dealers who
20    are (i) licensed by the State of Illinois or (ii) members
21    of the National Association of Securities Dealers or (iii)
22    members of any National Securities Exchange registered
23    with the Securities and Exchange Commission under the
24    Securities Exchange Act of 1934, as amended, in the course
25    of their business of offering, selling, buying and selling,
26    or otherwise trading in or underwriting securities, as

 

 

HB5447 Enrolled- 2156 -LRB100 16294 AMC 31417 b

1    agent, broker, or principal, and activities of any National
2    Securities Exchange so registered, including the
3    establishment of commission rates and schedules of
4    charges;
5        (9) the activities of any board of trade designated as
6    a "contract market" by the Secretary of Agriculture of the
7    United States pursuant to Section 5 of the Commodity
8    Exchange Act, as amended;
9        (10) the activities of any motor carrier, rail carrier,
10    or common carrier by pipeline, as defined in the Common
11    Carrier by Pipeline Law of the Public Utilities Act, to the
12    extent that such activities are permitted or authorized by
13    the Act or are subject to regulation by the Illinois
14    Commerce Commission;
15        (11) the activities of any state or national bank to
16    the extent that such activities are regulated or supervised
17    by officers of the state or federal government under the
18    banking laws of this State or the United States;
19        (12) the activities of any state or federal savings and
20    loan association to the extent that such activities are
21    regulated or supervised by officers of the state or federal
22    government under the savings and loan laws of this State or
23    the United States;
24        (13) the activities of any bona fide not-for-profit
25    association, society or board, of attorneys, practitioners
26    of medicine, architects, engineers, land surveyors or real

 

 

HB5447 Enrolled- 2157 -LRB100 16294 AMC 31417 b

1    estate brokers licensed and regulated by an agency of the
2    State of Illinois, in recommending schedules of suggested
3    fees, rates or commissions for use solely as guidelines in
4    determining charges for professional and technical
5    services;
6        (14) conduct Conduct involving trade or commerce
7    (other than import trade or import commerce) with foreign
8    nations unless:
9            (a) such conduct has a direct, substantial, and
10        reasonably foreseeable effect:
11                (i) on trade or commerce which is not trade or
12            commerce with foreign nations, or on import trade
13            or import commerce with foreign nations; or
14                (ii) on export trade or export commerce with
15            foreign nations of a person engaged in such trade
16            or commerce in the United States; and
17            (b) such effect gives rise to a claim under the
18        provisions of this Act, other than this subsection
19        (14).
20        (c) If this Act applies to conduct referred to in this
21    subsection (14) only because of the provisions of paragraph
22    (a)(ii), then this Act shall apply to such conduct only for
23    injury to export business in the United States which
24    affects this State; or
25        (15) the activities of a unit of local government or
26    school district and the activities of the employees, agents

 

 

HB5447 Enrolled- 2158 -LRB100 16294 AMC 31417 b

1    and officers of a unit of local government or school
2    district.
3(Source: P.A. 90-185, eff. 7-23-97; 90-561, eff. 12-16-97;
4revised 10-6-17.)
 
5    Section 605. The Premises Liability Act is amended by
6changing Section 4 as follows:
 
7    (740 ILCS 130/4)  (from Ch. 80, par. 304)
8    Sec. 4. Notwithstanding this Act, the liability of any
9owner or occupier of a premises to anyone who enters or uses
10those premises for a recreational purpose, as defined by the
11Recreational Use of Land and Water Areas Act "An Act to limit
12the liability of landowners who make their land and water area
13available to the public for recreational purposes", approved
14August 2, 1965, as now or hereafter amended, is governed by
15that Act.
16(Source: P.A. 83-1398; revised 10-6-17.)
 
17    Section 610. The Illinois Marriage and Dissolution of
18Marriage Act is amended by changing Section 505 as follows:
 
19    (750 ILCS 5/505)  (from Ch. 40, par. 505)
20    Sec. 505. Child support; contempt; penalties.
21    (a) In a proceeding for dissolution of marriage, legal
22separation, declaration of invalidity of marriage, dissolution

 

 

HB5447 Enrolled- 2159 -LRB100 16294 AMC 31417 b

1of a civil union, a proceeding for child support following
2dissolution of the marriage or civil union by a court that
3lacked personal jurisdiction over the absent spouse, a
4proceeding for modification of a previous order for child
5support under Section 510 of this Act, or any proceeding
6authorized under Section 501 or 601 of this Act, the court may
7order either or both parents owing a duty of support to a child
8of the marriage or civil union to pay an amount reasonable and
9necessary for support. The duty of support owed to a child
10includes the obligation to provide for the reasonable and
11necessary physical, mental and emotional health needs of the
12child. For purposes of this Section, the term "child" shall
13include any child under age 18 and any child age 19 or younger
14who is still attending high school. For purposes of this
15Section, the term "obligor" means the parent obligated to pay
16support to the other parent.
17        (1) Child support guidelines. The Illinois Department
18    of Healthcare and Family Services shall adopt rules
19    establishing child support guidelines which include
20    worksheets to aid in the calculation of the child support
21    obligations and a schedule of basic child support
22    obligations that reflects the percentage of combined net
23    income that parents living in the same household in this
24    State ordinarily spend on their child. The child support
25    guidelines have the following purposes:
26            (A) to establish as State policy an adequate

 

 

HB5447 Enrolled- 2160 -LRB100 16294 AMC 31417 b

1        standard of support for a child, subject to the ability
2        of parents to pay;
3            (B) to make child support obligations more
4        equitable by ensuring more consistent treatment of
5        parents in similar circumstances;
6            (C) to improve the efficiency of the court process
7        by promoting settlements and giving courts and the
8        parties guidance in establishing levels of child
9        support;
10            (D) to calculate child support based upon the
11        parents' combined net income estimated to have been
12        allocated for the support of the child if the parents
13        and child were living in an intact household;
14            (E) to adjust child support based upon the needs of
15        the child; and
16            (F) to allocate the amount of child support to be
17        paid by each parent based upon a parent's net income
18        and the child's physical care arrangements.
19        (1.5) Computation of basic child support obligation.
20    The court shall compute the basic child support obligation
21    by taking the following steps:
22            (A) determine each parent's monthly net income;
23            (B) add the parents' monthly net incomes together
24        to determine the combined monthly net income of the
25        parents;
26            (C) select the corresponding appropriate amount

 

 

HB5447 Enrolled- 2161 -LRB100 16294 AMC 31417 b

1        from the schedule of basic child support obligations
2        based on the parties' combined monthly net income and
3        number of children of the parties; and
4            (D) calculate each parent's percentage share of
5        the basic child support obligation.
6        Although a monetary obligation is computed for each
7    parent as child support, the receiving parent's share is
8    not payable to the other parent and is presumed to be spent
9    directly on the child.
10        (2) Duty of support. The court shall determine child
11    support in each case by applying the child support
12    guidelines unless the court makes a finding that
13    application of the guidelines would be inappropriate,
14    after considering the best interests of the child and
15    evidence which shows relevant factors including, but not
16    limited to, one or more of the following:
17            (A) the financial resources and needs of the child;
18            (B) the financial resources and needs of the
19        parents;
20            (C) the standard of living the child would have
21        enjoyed had the marriage or civil union not been
22        dissolved; and
23            (D) the physical and emotional condition of the
24        child and his or her educational needs.
25        (3) Income.
26            (A) As used in this Section, "gross income" means

 

 

HB5447 Enrolled- 2162 -LRB100 16294 AMC 31417 b

1        the total of all income from all sources, except "gross
2        income" does not include (i) benefits received by the
3        parent from means-tested public assistance programs,
4        including, but not limited to, Temporary Assistance
5        for to Needy Families, Supplemental Security Income,
6        and the Supplemental Nutrition Assistance Program or
7        (ii) benefits and income received by the parent for
8        other children in the household, including, but not
9        limited to, child support, survivor benefits, and
10        foster care payments. Social security disability and
11        retirement benefits paid for the benefit of the subject
12        child must be included in the disabled or retired
13        parent's gross income for purposes of calculating the
14        parent's child support obligation, but the parent is
15        entitled to a child support credit for the amount of
16        benefits paid to the other party for the child. "Gross
17        income" also includes spousal maintenance received
18        pursuant to a court order in the pending proceedings or
19        any other proceedings that must be included in the
20        recipient's gross income for purposes of calculating
21        the parent's child support obligation.
22            (B) As used in this Section, "net income" means
23        gross income minus either the standardized tax amount
24        calculated pursuant to subparagraph (C) of this
25        paragraph (3) or the individualized tax amount
26        calculated pursuant to subparagraph (D) of this

 

 

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1        paragraph (3), and minus any adjustments pursuant to
2        subparagraph (F) of this paragraph (3). The
3        standardized tax amount shall be used unless the
4        requirements for an individualized tax amount set
5        forth in subparagraph (E) of this paragraph (3) are
6        met.
7            (C) As used in this Section, "standardized tax
8        amount" means the total of federal and state income
9        taxes for a single person claiming the standard tax
10        deduction, one personal exemption, and the applicable
11        number of dependency exemptions for the minor child or
12        children of the parties, and Social Security and
13        Medicare tax calculated at the Federal Insurance
14        Contributions Act rate.
15                (I) Unless a court has determined otherwise or
16            the parties otherwise agree, the party with the
17            majority of parenting time shall be deemed
18            entitled to claim the dependency exemption for the
19            parties' minor child.
20                (II) The Illinois Department of Healthcare and
21            Family Services shall promulgate a standardized
22            net income conversion table that computes net
23            income by deducting the standardized tax amount
24            from gross income.
25            (D) As used in this Section, "individualized tax
26        amount" means the aggregate of the following taxes:

 

 

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1                (I) federal income tax (properly calculated
2            withholding or estimated payments);
3                (II) State income tax (properly calculated
4            withholding or estimated payments); and
5                (III) Social Security or self-employment tax,
6            if applicable (or, if none, mandatory retirement
7            contributions required by law or as a condition of
8            employment) and Medicare tax calculated at the
9            Federal Insurance Contributions Act rate.
10            (E) In lieu of a standardized tax amount, a
11        determination of an individualized tax amount may be
12        made under items (I), (II), or (III) below. If an
13        individualized tax amount determination is made under
14        this subparagraph (E), all relevant tax attributes
15        (including filing status, allocation of dependency
16        exemptions, and whether a party is to claim the
17        standard deduction or itemized deductions for federal
18        income tax purposes) shall be as the parties agree or
19        as the court determines. To determine a party's
20        reported income, the court may order the party to
21        complete an Internal Revenue Service Form 4506-T,
22        Request for Tax Transcript.
23                (I) Agreement. Irrespective of whether the
24            parties agree on any other issue before the court,
25            if they jointly stipulate for the record their
26            concurrence on a computation method for the

 

 

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1            individualized tax amount that is different from
2            the method set forth under subparagraph (D), the
3            stipulated method shall be used by the court unless
4            the court rejects the proposed stipulated method
5            for good cause.
6                (II) Summary hearing. If the court determines
7            child support in a summary hearing under Section
8            501 and an eligible party opts in to the
9            individualized tax amount method under this item
10            (II), the individualized tax amount shall be
11            determined by the court on the basis of information
12            contained in one or both parties' Supreme Court
13            approved Financial Affidavit (Family & Divorce
14            Cases) and relevant supporting documents under
15            applicable court rules. No party, however, is
16            eligible to opt in unless the party, under
17            applicable court rules, has served the other party
18            with the required Supreme Court approved Financial
19            Affidavit (Family & Divorce Cases) and has
20            substantially produced supporting documents
21            required by the applicable court rules.
22                (III) Evidentiary hearing. If the court
23            determines child support in an evidentiary
24            hearing, whether for purposes of a temporary order
25            or at the conclusion of a proceeding, item (II) of
26            this subparagraph (E) does not apply. In each such

 

 

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1            case (unless item (I) governs), the individualized
2            tax amount shall be as determined by the court on
3            the basis of the record established.
4            (F) Adjustments to income.
5                (I) Multi-family adjustment. If a parent is
6            also legally responsible for support of a child not
7            shared with the other parent and not subject to the
8            present proceeding, there shall be an adjustment
9            to net income as follows:
10                    (i) Multi-family adjustment with court
11                order. The court shall deduct from the parent's
12                net income the amount of child support actually
13                paid by the parent pursuant to a support order
14                unless the court makes a finding that it would
15                cause economic hardship to the child.
16                    (ii) Multi-family adjustment without court
17                order. Upon the request or application of a
18                parent actually supporting a presumed,
19                acknowledged, or adjudicated child living in
20                or outside of that parent's household, there
21                shall be an adjustment to child support. The
22                court shall deduct from the parent's net income
23                the amount of financial support actually paid
24                by the parent for the child or 75% of the
25                support the parent should pay under the child
26                support guidelines (before this adjustment),

 

 

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1                whichever is less, unless the court makes a
2                finding that it would cause economic hardship
3                to the child. The adjustment shall be
4                calculated using that parent's income alone.
5                (II) Spousal Maintenance adjustment.
6            Obligations pursuant to a court order for spousal
7            maintenance in the pending proceeding actually
8            paid or payable to the same party to whom child
9            support is to be payable or actually paid to a
10            former spouse pursuant to a court order shall be
11            deducted from the parent's gross income.
12        (3.1) Business income. For purposes of calculating
13    child support, net business income from the operation of a
14    business means gross receipts minus ordinary and necessary
15    expenses required to carry on the trade or business. As
16    used in this paragraph, "business" includes, but is not
17    limited to, sole proprietorships, closely held
18    corporations, partnerships, other flow-through business
19    entities, and self-employment. The court shall apply the
20    following:
21            (A) The accelerated component of depreciation and
22        any business expenses determined either judicially or
23        administratively to be inappropriate or excessive
24        shall be excluded from the total of ordinary and
25        necessary business expenses to be deducted in the
26        determination of net business income from gross

 

 

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1        business income.
2            (B) Any item of reimbursement or in-kind payment
3        received by a parent from a business, including, but
4        not limited to, a company car, reimbursed meals, free
5        housing, or a housing allowance, shall be counted as
6        income if not otherwise included in the recipient's
7        gross income, if the item is significant in amount and
8        reduces personal expenses.
9        (3.2) Unemployment or underemployment. If a parent is
10    voluntarily unemployed or underemployed, child support
11    shall be calculated based on a determination of potential
12    income. A determination of potential income shall be made
13    by determining employment potential and probable earnings
14    level based on the obligor's work history, occupational
15    qualifications, prevailing job opportunities, the
16    ownership by a parent of a substantial non-income producing
17    asset, and earnings levels in the community. If there is
18    insufficient work history to determine employment
19    potential and probable earnings level, there shall be a
20    rebuttable presumption that the parent's potential income
21    is 75% of the most recent United States Department of
22    Health and Human Services Federal Poverty Guidelines for a
23    family of one person.
24        (3.3) Rebuttable presumption in favor of guidelines.
25    There is a rebuttable presumption in any judicial or
26    administrative proceeding for child support that the

 

 

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1    amount of the child support obligation that would result
2    from the application of the child support guidelines is the
3    correct amount of child support.
4        (3.3a) Minimum child support obligation. There is a
5    rebuttable presumption that a minimum child support
6    obligation of $40 per month, per child, will be entered for
7    an obligor who has actual or imputed gross income at or
8    less than 75% of the most recent United States Department
9    of Health and Human Services Federal Poverty Guidelines for
10    a family of one person, with a maximum total child support
11    obligation for that obligor of $120 per month to be divided
12    equally among all of the obligor's children.
13        (3.3b) Zero dollar child support order. For parents
14    with no gross income, who receive only means-tested
15    assistance, or who cannot work due to a medically proven
16    disability, incarceration, or institutionalization, there
17    is a rebuttable presumption that the $40 per month minimum
18    support order is inapplicable and a zero dollar order shall
19    be entered.
20        (3.4) Deviation factors. In any action to establish or
21    modify child support, whether pursuant to a temporary or
22    final administrative or court order, the child support
23    guidelines shall be used as a rebuttable presumption for
24    the establishment or modification of the amount of child
25    support. The court may deviate from the child support
26    guidelines if the application would be inequitable,

 

 

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1    unjust, or inappropriate. Any deviation from the
2    guidelines shall be accompanied by written findings by the
3    court specifying the reasons for the deviation and the
4    presumed amount under the child support guidelines without
5    a deviation. These reasons may include:
6            (A) extraordinary medical expenditures necessary
7        to preserve the life or health of a party or a child of
8        either or both of the parties;
9            (B) additional expenses incurred for a child
10        subject to the child support order who has special
11        medical, physical, or developmental needs; and
12            (C) any other factor the court determines should be
13        applied upon a finding that the application of the
14        child support guidelines would be inappropriate, after
15        considering the best interest of the child.
16        (3.5) Income in excess of the schedule of basic child
17    support obligation. A court may use its discretion to
18    determine child support if the combined adjusted net income
19    of the parties exceeds the highest level of the schedule of
20    basic child support obligation, except that the basic child
21    support obligation shall not be less than the highest level
22    of combined net income set forth in the schedule of basic
23    child support obligation.
24        (3.6) Extracurricular activities and school expenses.
25    The court, in its discretion, in addition to the basic
26    child support obligation, may order either or both parents

 

 

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1    owing a duty of support to the child to contribute to the
2    reasonable school and extracurricular activity expenses
3    incurred which are intended to enhance the educational,
4    athletic, social, or cultural development of the child.
5        (3.7) Child care expenses. The court, in its
6    discretion, in addition to the basic child support
7    obligation, may order either or both parents owing a duty
8    of support to the child to contribute to the reasonable
9    child care expenses of the child. The child care expenses
10    shall be made payable directly to a party or directly to
11    the child care provider at the time of child care services.
12            (A) "Child care expenses" means actual expenses
13        reasonably necessary to enable a parent or non-parent
14        custodian to be employed, to attend educational or
15        vocational training programs to improve employment
16        opportunities, or to search for employment. "Child
17        care expenses" also includes deposits for securing
18        placement in a child care program, the cost of before
19        and after school care, and camps when school is not in
20        session. A child's special needs shall be a
21        consideration in determining reasonable child care
22        expenses.
23            (B) Child care expenses shall be prorated in
24        proportion to each parent's percentage share of
25        combined net income, and may be added to the basic
26        child support obligation if not paid directly by each

 

 

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1        parent to the provider of child care services. The
2        obligor's and obligee's portion of actual child care
3        expenses shall appear in the support order. If allowed,
4        the value of the federal income tax credit for child
5        care shall be subtracted from the actual cost to
6        determine the net child care costs.
7            (C) The amount of child care expenses shall be
8        adequate to obtain reasonable and necessary child
9        care. The actual child care expenses shall be used to
10        calculate the child care expenses, if available. When
11        actual child care expenses vary, the actual child care
12        expenses may be averaged over the most recent 12-month
13        period. When a parent is temporarily unemployed or
14        temporarily not attending educational or vocational
15        training programs, future child care expenses shall be
16        based upon prospective expenses to be incurred upon
17        return to employment or educational or vocational
18        training programs.
19            (D) An order for child care expenses may be
20        modified upon a showing of a substantial change in
21        circumstances. The party incurring child care expenses
22        shall notify the other party within 14 days of any
23        change in the amount of child care expenses that would
24        affect the annualized child care amount as determined
25        in the support order.
26        (3.8) Shared physical care. If each parent exercises

 

 

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1    146 or more overnights per year with the child, the basic
2    child support obligation is multiplied by 1.5 to calculate
3    the shared care child support obligation. The court shall
4    determine each parent's share of the shared care child
5    support obligation based on the parent's percentage share
6    of combined net income. The child support obligation is
7    then computed for each parent by multiplying that parent's
8    portion of the shared care support obligation by the
9    percentage of time the child spends with the other parent.
10    The respective child support obligations are then offset,
11    with the parent owing more child support paying the
12    difference between the child support amounts. The Illinois
13    Department of Healthcare and Family Services shall
14    promulgate a worksheet to calculate child support in cases
15    in which the parents have shared physical care and use the
16    standardized tax amount to determine net income.
17        (3.9) Split physical care. When there is more than one
18    child and each parent has physical care of at least one but
19    not all of the children, the support is calculated by using
20    2 child support worksheets to determine the support each
21    parent owes the other. The support shall be calculated as
22    follows:
23            (A) compute the support the first parent would owe
24        to other parent as if the child in his or her care was
25        the only child of the parties; then
26            (B) compute the support the other parent would owe

 

 

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1        to the first parent as if the child in his or her care
2        were the only child of the parties; then
3            (C) subtract the lesser support obligation from
4        the greater.
5        The parent who owes the greater obligation shall be
6    ordered to pay the difference in support to the other
7    parent, unless the court determines, pursuant to other
8    provisions of this Section, that it should deviate from the
9    guidelines.
10        (4) Health care.
11            (A) A portion of the basic child support obligation
12        is intended to cover basic ordinary out-of-pocket
13        medical expenses. The court, in its discretion, in
14        addition to the basic child support obligation, shall
15        also provide for the child's current and future medical
16        needs by ordering either or both parents to initiate
17        health insurance coverage for the child through
18        currently effective health insurance policies held by
19        the parent or parents, purchase one or more or all
20        health, dental, or vision insurance policies for the
21        child, or provide for the child's current and future
22        medical needs through some other manner.
23            (B) The court, in its discretion, may order either
24        or both parents to contribute to the reasonable health
25        care needs of the child not covered by insurance,
26        including, but not limited to, unreimbursed medical,

 

 

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1        dental, orthodontic, or vision expenses and any
2        prescription medication for the child not covered
3        under the child's health insurance.
4            (C) If neither parent has access to appropriate
5        private health insurance coverage, the court may
6        order:
7                (I) one or both parents to provide health
8            insurance coverage at any time it becomes
9            available at a reasonable cost; or
10                (II) the parent or non-parent custodian with
11            primary physical responsibility for the child to
12            apply for public health insurance coverage for the
13            child and require either or both parents to pay a
14            reasonable amount of the cost of health insurance
15            for the child.
16            The order may also provide that any time private
17        health insurance coverage is available at a reasonable
18        cost to that party it will be provided instead of cash
19        medical support. As used in this Section, "cash medical
20        support" means an amount ordered to be paid toward the
21        cost of health insurance provided by a public entity or
22        by another person through employment or otherwise or
23        for other medical costs not covered by insurance.
24            (D) The amount to be added to the basic child
25        support obligation shall be the actual amount of the
26        total health insurance premium that is attributable to

 

 

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1        the child who is the subject of the order. If this
2        amount is not available or cannot be verified, the
3        total cost of the health insurance premium shall be
4        divided by the total number of persons covered by the
5        policy. The cost per person derived from this
6        calculation shall be multiplied by the number of
7        children who are the subject of the order and who are
8        covered under the health insurance policy. This amount
9        shall be added to the basic child support obligation
10        and shall be allocated between the parents in
11        proportion to their respective net incomes.
12            (E) After the health insurance premium for the
13        child is added to the basic child support obligation
14        and allocated between the parents in proportion to
15        their respective incomes for child support purposes,
16        if the obligor is paying the premium, the amount
17        calculated for the obligee's share of the health
18        insurance premium for the child shall be deducted from
19        the obligor's share of the total child support
20        obligation. If the obligee is paying for private health
21        insurance for the child, the child support obligation
22        shall be increased by the obligor's share of the
23        premium payment. The obligor's and obligee's portion
24        of health insurance costs shall appear in the support
25        order.
26            (F) Prior to allowing the health insurance

 

 

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1        adjustment, the parent requesting the adjustment must
2        submit proof that the child has been enrolled in a
3        health insurance plan and must submit proof of the cost
4        of the premium. The court shall require the parent
5        receiving the adjustment to annually submit proof of
6        continued coverage of the child to the other parent, or
7        as designated by the court.
8            (G) A reasonable cost for providing health
9        insurance coverage for the child may not exceed 5% of
10        the providing parent's gross income. Parents with a net
11        income below 133% of the most recent United States
12        Department of Health and Human Services Federal
13        Poverty Guidelines or whose child is covered by
14        Medicaid based on that parent's income may not be
15        ordered to contribute toward or provide private
16        coverage, unless private coverage is obtainable
17        without any financial contribution by that parent.
18            (H) If dental or vision insurance is included as
19        part of the employer's medical plan, the coverage shall
20        be maintained for the child. If not included in the
21        employer's medical plan, adding the dental or vision
22        insurance for the child is at the discretion of the
23        court.
24            (I) If a parent has been directed to provide health
25        insurance pursuant to this paragraph and that parent's
26        spouse or legally recognized partner provides the

 

 

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1        insurance for the benefit of the child either directly
2        or through employment, a credit on the child support
3        worksheet shall be given to that parent in the same
4        manner as if the premium were paid by that parent.
5        (4.5) In a proceeding for child support following
6    dissolution of the marriage or civil union by a court that
7    lacked personal jurisdiction over the absent spouse, and in
8    which the court is requiring payment of support for the
9    period before the date an order for current support is
10    entered, there is a rebuttable presumption that the
11    obligor's net income for the prior period was the same as
12    his or her net income at the time the order for current
13    support is entered.
14        (5) If the net income cannot be determined because of
15    default or any other reason, the court shall order support
16    in an amount considered reasonable in the particular case.
17    The final order in all cases shall state the support level
18    in dollar amounts. However, if the court finds that the
19    child support amount cannot be expressed exclusively as a
20    dollar amount because all or a portion of the obligor's net
21    income is uncertain as to source, time of payment, or
22    amount, the court may order a percentage amount of support
23    in addition to a specific dollar amount and enter such
24    other orders as may be necessary to determine and enforce,
25    on a timely basis, the applicable support ordered.
26        (6) If (i) the obligor was properly served with a

 

 

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1    request for discovery of financial information relating to
2    the obligor's ability to provide child support, (ii) the
3    obligor failed to comply with the request, despite having
4    been ordered to do so by the court, and (iii) the obligor
5    is not present at the hearing to determine support despite
6    having received proper notice, then any relevant financial
7    information concerning the obligor's ability to provide
8    child support that was obtained pursuant to subpoena and
9    proper notice shall be admitted into evidence without the
10    need to establish any further foundation for its admission.
11    (a-5) In an action to enforce an order for child support
12based on the obligor's failure to make support payments as
13required by the order, notice of proceedings to hold the
14obligor in contempt for that failure may be served on the
15obligor by personal service or by regular mail addressed to the
16last known address of the obligor. The last known address of
17the obligor may be determined from records of the clerk of the
18court, from the Federal Case Registry of Child Support Orders,
19or by any other reasonable means.
20    (b) Failure of either parent to comply with an order to pay
21support shall be punishable as in other cases of contempt. In
22addition to other penalties provided by law the court may,
23after finding the parent guilty of contempt, order that the
24parent be:
25        (1) placed on probation with such conditions of
26    probation as the court deems advisable;

 

 

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1        (2) sentenced to periodic imprisonment for a period not
2    to exceed 6 months; provided, however, that the court may
3    permit the parent to be released for periods of time during
4    the day or night to:
5            (A) work; or
6            (B) conduct a business or other self-employed
7        occupation.
8    The court may further order any part or all of the earnings
9of a parent during a sentence of periodic imprisonment paid to
10the Clerk of the Circuit Court or to the parent having physical
11possession of the child or to the non-parent custodian having
12custody of the child of the sentenced parent for the support of
13the child until further order of the court.
14    If a parent who is found guilty of contempt for failure to
15comply with an order to pay support is a person who conducts a
16business or who is self-employed, the court in addition to
17other penalties provided by law may order that the parent do
18one or more of the following: (i) provide to the court monthly
19financial statements showing income and expenses from the
20business or the self-employment; (ii) seek employment and
21report periodically to the court with a diary, listing, or
22other memorandum of his or her employment search efforts; or
23(iii) report to the Department of Employment Security for job
24search services to find employment that will be subject to
25withholding for child support.
26    If there is a unity of interest and ownership sufficient to

 

 

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1render no financial separation between an obligor and another
2person or persons or business entity, the court may pierce the
3ownership veil of the person, persons, or business entity to
4discover assets of the obligor held in the name of that person,
5those persons, or that business entity. The following
6circumstances are sufficient to authorize a court to order
7discovery of the assets of a person, persons, or business
8entity and to compel the application of any discovered assets
9toward payment on the judgment for support:
10        (1) the obligor and the person, persons, or business
11    entity maintain records together.
12        (2) the obligor and the person, persons, or business
13    entity fail to maintain an arm's length relationship
14    between themselves with regard to any assets.
15        (3) the obligor transfers assets to the person,
16    persons, or business entity with the intent to perpetrate a
17    fraud on the obligee.
18    With respect to assets which are real property, no order
19entered under this paragraph shall affect the rights of bona
20fide purchasers, mortgagees, judgment creditors, or other lien
21holders who acquire their interests in the property prior to
22the time a notice of lis pendens pursuant to the Code of Civil
23Procedure or a copy of the order is placed of record in the
24office of the recorder of deeds for the county in which the
25real property is located.
26    The court may also order in cases where the parent is 90

 

 

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1days or more delinquent in payment of support or has been
2adjudicated in arrears in an amount equal to 90 days obligation
3or more, that the parent's Illinois driving privileges be
4suspended until the court determines that the parent is in
5compliance with the order of support. The court may also order
6that the parent be issued a family financial responsibility
7driving permit that would allow limited driving privileges for
8employment and medical purposes in accordance with Section
97-702.1 of the Illinois Vehicle Code. The Clerk of the Circuit
10Court shall certify the order suspending the driving privileges
11of the parent or granting the issuance of a family financial
12responsibility driving permit to the Secretary of State on
13forms prescribed by the Secretary of State. Upon receipt of the
14authenticated documents, the Secretary of State shall suspend
15the parent's driving privileges until further order of the
16court and shall, if ordered by the court, subject to the
17provisions of Section 7-702.1 of the Illinois Vehicle Code,
18issue a family financial responsibility driving permit to the
19parent.
20    In addition to the penalties or punishment that may be
21imposed under this Section, any person whose conduct
22constitutes a violation of Section 15 of the Non-Support
23Punishment Act may be prosecuted under that Act, and a person
24convicted under that Act may be sentenced in accordance with
25that Act. The sentence may include but need not be limited to a
26requirement that the person perform community service under

 

 

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1Section 50 of that Act or participate in a work alternative
2program under Section 50 of that Act. A person may not be
3required to participate in a work alternative program under
4Section 50 of that Act if the person is currently participating
5in a work program pursuant to Section 505.1 of this Act.
6    A support obligation, or any portion of a support
7obligation, which becomes due and remains unpaid as of the end
8of each month, excluding the child support that was due for
9that month to the extent that it was not paid in that month,
10shall accrue simple interest as set forth in Section 12-109 of
11the Code of Civil Procedure. An order for support entered or
12modified on or after January 1, 2006 shall contain a statement
13that a support obligation required under the order, or any
14portion of a support obligation required under the order, that
15becomes due and remains unpaid as of the end of each month,
16excluding the child support that was due for that month to the
17extent that it was not paid in that month, shall accrue simple
18interest as set forth in Section 12-109 of the Code of Civil
19Procedure. Failure to include the statement in the order for
20support does not affect the validity of the order or the
21accrual of interest as provided in this Section.
22    (c) A one-time charge of 20% is imposable upon the amount
23of past-due child support owed on July 1, 1988 which has
24accrued under a support order entered by the court. The charge
25shall be imposed in accordance with the provisions of Section
2610-21 of the Illinois Public Aid Code and shall be enforced by

 

 

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1the court upon petition.
2    (d) Any new or existing support order entered by the court
3under this Section shall be deemed to be a series of judgments
4against the person obligated to pay support thereunder, each
5such judgment to be in the amount of each payment or
6installment of support and each such judgment to be deemed
7entered as of the date the corresponding payment or installment
8becomes due under the terms of the support order. Each such
9judgment shall have the full force, effect and attributes of
10any other judgment of this State, including the ability to be
11enforced. Notwithstanding any other State or local law to the
12contrary, a lien arises by operation of law against the real
13and personal property of the obligor for each installment of
14overdue support owed by the obligor.
15    (e) When child support is to be paid through the Clerk of
16the Court in a county of 1,000,000 inhabitants or less, the
17order shall direct the obligor to pay to the Clerk, in addition
18to the child support payments, all fees imposed by the county
19board under paragraph (3) of subsection (u) of Section 27.1 of
20the Clerks of Courts Act. Unless paid pursuant to an Income
21Withholding Order/Notice for Support, the payment of the fee
22shall be by payment acceptable to the clerk and shall be made
23to the order of the Clerk.
24    (f) All orders for support, when entered or modified, shall
25include a provision requiring the obligor to notify the court
26and, in cases in which a party is receiving child and spouse

 

 

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1services under Article X of the Illinois Public Aid Code, the
2Department of Healthcare and Family Services, within 7 days,
3(i) of the name and address of any new employer of the obligor,
4(ii) whether the obligor has access to health insurance
5coverage through the employer or other group coverage and, if
6so, the policy name and number and the names of persons covered
7under the policy, except only the initials of any covered
8minors shall be included, and (iii) of any new residential or
9mailing address or telephone number of the obligor. In any
10subsequent action to enforce a support order, upon a sufficient
11showing that a diligent effort has been made to ascertain the
12location of the obligor, service of process or provision of
13notice necessary in the case may be made at the last known
14address of the obligor in any manner expressly provided by the
15Code of Civil Procedure or this Act, which service shall be
16sufficient for purposes of due process.
17    (g) An order for support shall include a date on which the
18current support obligation terminates. The termination date
19shall be no earlier than the date on which the child covered by
20the order will attain the age of 18. However, if the child will
21not graduate from high school until after attaining the age of
2218, then the termination date shall be no earlier than the
23earlier of the date on which the child's high school graduation
24will occur or the date on which the child will attain the age
25of 19. The order for support shall state that the termination
26date does not apply to any arrearage that may remain unpaid on

 

 

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1that date. Nothing in this subsection shall be construed to
2prevent the court from modifying the order or terminating the
3order in the event the child is otherwise emancipated.
4    (g-5) If there is an unpaid arrearage or delinquency (as
5those terms are defined in the Income Withholding for Support
6Act) equal to at least one month's support obligation on the
7termination date stated in the order for support or, if there
8is no termination date stated in the order, on the date the
9child attains the age of majority or is otherwise emancipated,
10the periodic amount required to be paid for current support of
11that child immediately prior to that date shall automatically
12continue to be an obligation, not as current support but as
13periodic payment toward satisfaction of the unpaid arrearage or
14delinquency. That periodic payment shall be in addition to any
15periodic payment previously required for satisfaction of the
16arrearage or delinquency. The total periodic amount to be paid
17toward satisfaction of the arrearage or delinquency may be
18enforced and collected by any method provided by law for
19enforcement and collection of child support, including but not
20limited to income withholding under the Income Withholding for
21Support Act. Each order for support entered or modified on or
22after January 1, 2005 (the effective date of Public Act
2393-1061) this amendatory Act of the 93rd General Assembly must
24contain a statement notifying the parties of the requirements
25of this subsection. Failure to include the statement in the
26order for support does not affect the validity of the order or

 

 

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1the operation of the provisions of this subsection with regard
2to the order. This subsection shall not be construed to prevent
3or affect the establishment or modification of an order for
4support of a minor child or the establishment or modification
5of an order for support of a non-minor child or educational
6expenses under Section 513 of this Act.
7    (h) An order entered under this Section shall include a
8provision requiring either parent to report to the other parent
9and to the Clerk of Court within 10 days each time either
10parent obtains new employment, and each time either parent's
11employment is terminated for any reason. The report shall be in
12writing and shall, in the case of new employment, include the
13name and address of the new employer. Failure to report new
14employment or the termination of current employment, if coupled
15with nonpayment of support for a period in excess of 60 days,
16is indirect criminal contempt. For either parent arrested for
17failure to report new employment bond shall be set in the
18amount of the child support that should have been paid during
19the period of unreported employment. An order entered under
20this Section shall also include a provision requiring either
21obligor and obligee to advise the other of a change in
22residence within 5 days of the change except when the court
23finds that the physical, mental, or emotional health of a party
24or that of a child, or both, would be seriously endangered by
25disclosure of the party's address.
26    (i) The court does not lose the powers of contempt,

 

 

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1driver's license suspension, or other child support
2enforcement mechanisms, including, but not limited to,
3criminal prosecution as set forth in this Act, upon the
4emancipation of the minor child.
5(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17; 99-764,
6eff. 7-1-17; 100-15, eff. 7-1-17; revised 10-6-17.)
 
7    Section 615. The Adoption Act is amended by changing
8Sections 4.1 and 18.5 as follows:
 
9    (750 ILCS 50/4.1)  (from Ch. 40, par. 1506)
10    Sec. 4.1. Adoption between multiple jurisdictions. It is
11the public policy of this State to promote child welfare in
12adoption between multiple jurisdictions by implementing
13standards that foster permanency for children in an expeditious
14manner while considering the best interests of the child as
15paramount. Ensuring that standards for interjurisdictional
16adoption are clear and applied consistently, efficiently, and
17reasonably will promote the best interests of the child in
18finding a permanent home.
19    (a) The Department of Children and Family Services shall
20promulgate rules regarding the approval and regulation of
21agencies providing, in this State, adoption services, as
22defined in Section 2.24 of the Child Care Act of 1969, which
23shall include, but not be limited to, a requirement that any
24agency shall be licensed in this State as a child welfare

 

 

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1agency as defined in Section 2.08 of the Child Care Act of
21969. Any out-of-state agency, if not licensed in this State as
3a child welfare agency, must obtain the approval of the
4Department in order to act as a sending agency, as defined in
5Section 1 of the Interstate Compact on Placement of Children
6Act, seeking to place a child into this State through a
7placement subject to the Interstate Compact on the Placement of
8Children. An out-of-state agency, if not licensed in this State
9as a child welfare agency, is prohibited from providing in this
10State adoption services, as defined by Section 2.24 of the
11Child Care Act of 1969; shall comply with Section 12C-70 of the
12Criminal Code of 2012; and shall provide all of the following
13to the Department:
14        (1) A copy of the agency's current license or other
15    form of authorization from the approving authority in the
16    agency's state. If no license or authorization is issued,
17    the agency must provide a reference statement, from the
18    approving authority, stating that the agency is authorized
19    to place children in foster care or adoption or both in its
20    jurisdiction.
21        (2) A description of the program, including home
22    studies, placements, and supervisions, that the child
23    placing agency conducts within its geographical area, and,
24    if applicable, adoptive placements and the finalization of
25    adoptions. The child placing agency must accept continued
26    responsibility for placement planning and replacement if

 

 

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1    the placement fails.
2        (3) Notification to the Department of any significant
3    child placing agency changes after approval.
4        (4) Any other information the Department may require.
5    The rules shall also provide that any agency that places
6children for adoption in this State may not, in any policy or
7practice relating to the placement of children for adoption,
8discriminate against any child or prospective adoptive parent
9on the basis of race.
10    (a-5) (Blank).
11    (b) Interstate adoptions.
12        (1) All interstate adoption placements under this Act
13    shall comply with the Child Care Act of 1969 and the
14    Interstate Compact on the Placement of Children. The
15    placement of children with relatives by the Department of
16    Children and Family Services shall also comply with
17    subsection (b) of Section 7 of the Children and Family
18    Services Act. The Department may promulgate rules to
19    implement interstate adoption placements, including those
20    requirements set forth in this Section.
21        (2) If an adoption is finalized prior to bringing or
22    sending a child to this State, compliance with the
23    Interstate Compact on the Placement of Children is not
24    required.
25        (3) Approval requirements. The Department shall
26    promulgate procedures for interstate adoption placements

 

 

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1    of children under this Act. No later than September 24,
2    2017 (30 days after the effective date of Public Act
3    100-344) this amendatory Act of the 100th General Assembly,
4    the Department shall distribute a written list of all
5    preadoption pre-adoption approval requirements to all
6    Illinois licensed child welfare agencies performing
7    adoption services, and all out-of-state agencies approved
8    under this Section, and shall post the requirements on the
9    Department's website. The Department may not require any
10    further preadoption pre-adoption requirements other than
11    those set forth in the procedures required under this
12    paragraph. The procedures shall reflect the standard of
13    review as stated in the Interstate Compact on the Placement
14    of Children and approval shall be given by the Department
15    if the placement appears not to be contrary to the best
16    interests of the child.
17        (4) Time for review and decision. In all cases where
18    the child to be placed is not a youth in care in Illinois
19    or any other state, a provisional or final approval for
20    placement shall be provided in writing from the Department
21    in accordance with the Interstate Compact on the Placement
22    of Children. Approval or denial of the placement must be
23    given by the Department as soon as practicable, but in no
24    event more than 3 business days of the receipt of the
25    completed referral packet by the Department's Interstate
26    Compact Administrator. Receipt of the packet shall be

 

 

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1    evidenced by the packet's arrival at the address designated
2    by the Department to receive such referrals. The written
3    decision to approve or deny the placement shall be
4    communicated in an expeditious manner, including, but not
5    limited to, electronic means referenced in paragraph
6    (b)(7) of this Section, and shall be provided to all
7    Illinois licensed child welfare agencies involved in the
8    placement, all out-of-state child placing agencies
9    involved in the placement, and all attorneys representing
10    the prospective adoptive parent or biological parent. If,
11    during its initial review of the packet, the Department
12    believes there are any incomplete or missing documents, or
13    missing information, as required in paragraph (b)(3), the
14    Department shall, as soon as practicable, but in no event
15    more than 2 business days of receipt of the packet,
16    communicate a list of any incomplete or missing documents
17    and information to all Illinois licensed child welfare
18    agencies involved in the placement, all out-of-state child
19    placing agencies involved in the placement, and all
20    attorneys representing the adoptive parent or biological
21    parent. This list shall be communicated in an expeditious
22    manner, including, but not limited to, electronic means
23    referenced in paragraph (b)(7) of this Section.
24        (5) Denial of approval. In all cases where the child to
25    be placed is not a youth in the care of any state, if the
26    Department denies approval of an interstate placement, the

 

 

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1    written decision referenced in paragraph (b)(4) of this
2    Section shall set forth the reason or reasons why the
3    placement was not approved and shall reference which
4    requirements under paragraph (b)(3) of this Section were
5    not met. The written decision shall be communicated in an
6    expeditious manner, including, but not limited to,
7    electronic means referenced in paragraph (b)(7) of this
8    Section, to all Illinois licensed child welfare agencies
9    involved in the placement, all out-of-state child placing
10    agencies involved in the placement, and all attorneys
11    representing the prospective adoptive parent or biological
12    parent.
13        (6) Provisional approval. Nothing in paragraphs (b)(3)
14    through (b)(5) of this Section shall preclude the
15    Department from issuing provisional approval of the
16    placement pending receipt of any missing or incomplete
17    documents or information.
18        (7) Electronic communication. All communications
19    concerning an interstate placement made between the
20    Department and an Illinois licensed child welfare agency,
21    an out-of-state child placing agency, and attorneys
22    representing the prospective adoptive parent or biological
23    parent, including the written communications referenced in
24    this Section, may be made through any type of electronic
25    means, including, but not limited to, electronic mail.
26    (c) Intercountry adoptions. The adoption of a child, if the

 

 

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1child is a habitual resident of a country other than the United
2States and the petitioner is a habitual resident of the United
3States, or, if the child is a habitual resident of the United
4States and the petitioner is a habitual resident of a country
5other than the United States, shall comply with the
6Intercountry Adoption Act of 2000, as amended, and the
7Immigration and Nationality Act, as amended. In the case of an
8intercountry adoption that requires oversight by the adoption
9services governed by the Intercountry Adoption Universal
10Accreditation Act of 2012, this State shall not impose any
11additional preadoption requirements.
12    (d) (Blank).
13    (e) Re-adoption after an intercountry adoption.
14        (1) Any time after a minor child has been adopted in a
15    foreign country and has immigrated to the United States,
16    the adoptive parent or parents of the child may petition
17    the court for a judgment of adoption to re-adopt the child
18    and confirm the foreign adoption decree.
19        (2) The petitioner must submit to the court one or more
20    of the following to verify the foreign adoption:
21            (i) an immigrant visa for the child issued by
22        United States Citizenship and Immigration Services of
23        the U.S. Department of Homeland Security that was valid
24        at the time of the child's immigration;
25            (ii) a decree, judgment, certificate of adoption,
26        adoption registration, or equivalent court order,

 

 

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1        entered or issued by a court of competent jurisdiction
2        or administrative body outside the United States,
3        establishing the relationship of parent and child by
4        adoption; or
5            (iii) such other evidence deemed satisfactory by
6        the court.
7        (3) The child's immigrant visa shall be prima facie
8    proof that the adoption was established in accordance with
9    the laws of the foreign jurisdiction and met United States
10    requirements for immigration.
11        (4) If the petitioner submits documentation that
12    satisfies the requirements of paragraph (2), the court
13    shall not appoint a guardian ad litem for the minor who is
14    the subject of the proceeding, shall not require any
15    further termination of parental rights of the child's
16    biological parents, nor shall it require any home study,
17    investigation, post-placement visit, or background check
18    of the petitioner.
19        (5) The petition may include a request for change of
20    the child's name and any other request for specific relief
21    that is in the best interests of the child. The relief may
22    include a request for a revised birth date for the child if
23    supported by evidence from a medical or dental professional
24    attesting to the appropriate age of the child or other
25    collateral evidence.
26        (6) Two adoptive parents who adopted a minor child

 

 

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1    together in a foreign country while married to one another
2    may file a petition for adoption to re-adopt the child
3    jointly, regardless of whether their marriage has been
4    dissolved. If either parent whose marriage was dissolved
5    has subsequently remarried or entered into a civil union
6    with another person, the new spouse or civil union partner
7    shall not join in the petition to re-adopt the child,
8    unless the new spouse or civil union partner is seeking to
9    adopt the child. If either adoptive parent does not join in
10    the petition, he or she must be joined as a party
11    defendant. The defendant parent's failure to participate
12    in the re-adoption proceeding shall not affect the existing
13    parental rights or obligations of the parent as they relate
14    to the minor child, and the parent's name shall be placed
15    on any subsequent birth record issued for the child as a
16    result of the re-adoption proceeding.
17        (7) An adoptive parent who adopted a minor child in a
18    foreign country as an unmarried person may file a petition
19    for adoption to re-adopt the child as a sole petitioner,
20    even if the adoptive parent has subsequently married or
21    entered into a civil union.
22        (8) If one of the adoptive parents who adopted a minor
23    child dies prior to a re-adoption proceeding, the deceased
24    parent's name shall be placed on any subsequent birth
25    record issued for the child as a result of the re-adoption
26    proceeding.

 

 

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1(Source: P.A. 99-49, eff. 7-15-15; 100-344, eff. 8-25-17;
2revised 10-6-17.)
 
3    (750 ILCS 50/18.5)  (from Ch. 40, par. 1522.5)
4    Sec. 18.5. Liability. No liability shall attach to the
5State, any agency thereof, any licensed agency, any judge, any
6officer or employee of the court, or any party or employee
7thereof involved in the surrender of a child for adoption or in
8an adoption proceeding for acts or efforts made within the
9scope of Sections 18.05 through thru 18.5, inclusive, of this
10Act and under its provisions, except for subsection (n) of
11Section 18.1.
12(Source: P.A. 96-895, eff. 5-21-10; revised 10-3-17.)
 
13    Section 620. The Illinois Domestic Violence Act of 1986 is
14amended by changing Section 214 as follows:
 
15    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
16    Sec. 214. Order of protection; remedies.
17    (a) Issuance of order. If the court finds that petitioner
18has been abused by a family or household member or that
19petitioner is a high-risk adult who has been abused, neglected,
20or exploited, as defined in this Act, an order of protection
21prohibiting the abuse, neglect, or exploitation shall issue;
22provided that petitioner must also satisfy the requirements of
23one of the following Sections, as appropriate: Section 217 on

 

 

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1emergency orders, Section 218 on interim orders, or Section 219
2on plenary orders. Petitioner shall not be denied an order of
3protection because petitioner or respondent is a minor. The
4court, when determining whether or not to issue an order of
5protection, shall not require physical manifestations of abuse
6on the person of the victim. Modification and extension of
7prior orders of protection shall be in accordance with this
8Act.
9    (b) Remedies and standards. The remedies to be included in
10an order of protection shall be determined in accordance with
11this Section and one of the following Sections, as appropriate:
12Section 217 on emergency orders, Section 218 on interim orders,
13and Section 219 on plenary orders. The remedies listed in this
14subsection shall be in addition to other civil or criminal
15remedies available to petitioner.
16        (1) Prohibition of abuse, neglect, or exploitation.
17    Prohibit respondent's harassment, interference with
18    personal liberty, intimidation of a dependent, physical
19    abuse, or willful deprivation, neglect or exploitation, as
20    defined in this Act, or stalking of the petitioner, as
21    defined in Section 12-7.3 of the Criminal Code of 2012, if
22    such abuse, neglect, exploitation, or stalking has
23    occurred or otherwise appears likely to occur if not
24    prohibited.
25        (2) Grant of exclusive possession of residence.
26    Prohibit respondent from entering or remaining in any

 

 

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1    residence, household, or premises of the petitioner,
2    including one owned or leased by respondent, if petitioner
3    has a right to occupancy thereof. The grant of exclusive
4    possession of the residence, household, or premises shall
5    not affect title to real property, nor shall the court be
6    limited by the standard set forth in Section 701 of the
7    Illinois Marriage and Dissolution of Marriage Act.
8            (A) Right to occupancy. A party has a right to
9        occupancy of a residence or household if it is solely
10        or jointly owned or leased by that party, that party's
11        spouse, a person with a legal duty to support that
12        party or a minor child in that party's care, or by any
13        person or entity other than the opposing party that
14        authorizes that party's occupancy (e.g., a domestic
15        violence shelter). Standards set forth in subparagraph
16        (B) shall not preclude equitable relief.
17            (B) Presumption of hardships. If petitioner and
18        respondent each has the right to occupancy of a
19        residence or household, the court shall balance (i) the
20        hardships to respondent and any minor child or
21        dependent adult in respondent's care resulting from
22        entry of this remedy with (ii) the hardships to
23        petitioner and any minor child or dependent adult in
24        petitioner's care resulting from continued exposure to
25        the risk of abuse (should petitioner remain at the
26        residence or household) or from loss of possession of

 

 

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1        the residence or household (should petitioner leave to
2        avoid the risk of abuse). When determining the balance
3        of hardships, the court shall also take into account
4        the accessibility of the residence or household.
5        Hardships need not be balanced if respondent does not
6        have a right to occupancy.
7            The balance of hardships is presumed to favor
8        possession by petitioner unless the presumption is
9        rebutted by a preponderance of the evidence, showing
10        that the hardships to respondent substantially
11        outweigh the hardships to petitioner and any minor
12        child or dependent adult in petitioner's care. The
13        court, on the request of petitioner or on its own
14        motion, may order respondent to provide suitable,
15        accessible, alternate housing for petitioner instead
16        of excluding respondent from a mutual residence or
17        household.
18        (3) Stay away order and additional prohibitions. Order
19    respondent to stay away from petitioner or any other person
20    protected by the order of protection, or prohibit
21    respondent from entering or remaining present at
22    petitioner's school, place of employment, or other
23    specified places at times when petitioner is present, or
24    both, if reasonable, given the balance of hardships.
25    Hardships need not be balanced for the court to enter a
26    stay away order or prohibit entry if respondent has no

 

 

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1    right to enter the premises.
2            (A) If an order of protection grants petitioner
3        exclusive possession of the residence, or prohibits
4        respondent from entering the residence, or orders
5        respondent to stay away from petitioner or other
6        protected persons, then the court may allow respondent
7        access to the residence to remove items of clothing and
8        personal adornment used exclusively by respondent,
9        medications, and other items as the court directs. The
10        right to access shall be exercised on only one occasion
11        as the court directs and in the presence of an
12        agreed-upon adult third party or law enforcement
13        officer.
14            (B) When the petitioner and the respondent attend
15        the same public, private, or non-public elementary,
16        middle, or high school, the court when issuing an order
17        of protection and providing relief shall consider the
18        severity of the act, any continuing physical danger or
19        emotional distress to the petitioner, the educational
20        rights guaranteed to the petitioner and respondent
21        under federal and State law, the availability of a
22        transfer of the respondent to another school, a change
23        of placement or a change of program of the respondent,
24        the expense, difficulty, and educational disruption
25        that would be caused by a transfer of the respondent to
26        another school, and any other relevant facts of the

 

 

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1        case. The court may order that the respondent not
2        attend the public, private, or non-public elementary,
3        middle, or high school attended by the petitioner,
4        order that the respondent accept a change of placement
5        or change of program, as determined by the school
6        district or private or non-public school, or place
7        restrictions on the respondent's movements within the
8        school attended by the petitioner. The respondent
9        bears the burden of proving by a preponderance of the
10        evidence that a transfer, change of placement, or
11        change of program of the respondent is not available.
12        The respondent also bears the burden of production with
13        respect to the expense, difficulty, and educational
14        disruption that would be caused by a transfer of the
15        respondent to another school. A transfer, change of
16        placement, or change of program is not unavailable to
17        the respondent solely on the ground that the respondent
18        does not agree with the school district's or private or
19        non-public school's transfer, change of placement, or
20        change of program or solely on the ground that the
21        respondent fails or refuses to consent or otherwise
22        does not take an action required to effectuate a
23        transfer, change of placement, or change of program.
24        When a court orders a respondent to stay away from the
25        public, private, or non-public school attended by the
26        petitioner and the respondent requests a transfer to

 

 

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1        another attendance center within the respondent's
2        school district or private or non-public school, the
3        school district or private or non-public school shall
4        have sole discretion to determine the attendance
5        center to which the respondent is transferred. In the
6        event the court order results in a transfer of the
7        minor respondent to another attendance center, a
8        change in the respondent's placement, or a change of
9        the respondent's program, the parents, guardian, or
10        legal custodian of the respondent is responsible for
11        transportation and other costs associated with the
12        transfer or change.
13            (C) The court may order the parents, guardian, or
14        legal custodian of a minor respondent to take certain
15        actions or to refrain from taking certain actions to
16        ensure that the respondent complies with the order. In
17        the event the court orders a transfer of the respondent
18        to another school, the parents, guardian, or legal
19        custodian of the respondent is responsible for
20        transportation and other costs associated with the
21        change of school by the respondent.
22        (4) Counseling. Require or recommend the respondent to
23    undergo counseling for a specified duration with a social
24    worker, psychologist, clinical psychologist, psychiatrist,
25    family service agency, alcohol or substance abuse program,
26    mental health center guidance counselor, agency providing

 

 

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1    services to elders, program designed for domestic violence
2    abusers or any other guidance service the court deems
3    appropriate. The Court may order the respondent in any
4    intimate partner relationship to report to an Illinois
5    Department of Human Services protocol approved partner
6    abuse intervention program for an assessment and to follow
7    all recommended treatment.
8        (5) Physical care and possession of the minor child. In
9    order to protect the minor child from abuse, neglect, or
10    unwarranted separation from the person who has been the
11    minor child's primary caretaker, or to otherwise protect
12    the well-being of the minor child, the court may do either
13    or both of the following: (i) grant petitioner physical
14    care or possession of the minor child, or both, or (ii)
15    order respondent to return a minor child to, or not remove
16    a minor child from, the physical care of a parent or person
17    in loco parentis.
18        If a court finds, after a hearing, that respondent has
19    committed abuse (as defined in Section 103) of a minor
20    child, there shall be a rebuttable presumption that
21    awarding physical care to respondent would not be in the
22    minor child's best interest.
23        (6) Temporary allocation of parental responsibilities:
24    significant decision-making. Award temporary
25    decision-making responsibility to petitioner in accordance
26    with this Section, the Illinois Marriage and Dissolution of

 

 

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1    Marriage Act, the Illinois Parentage Act of 2015, and this
2    State's Uniform Child-Custody Jurisdiction and Enforcement
3    Act.
4        If a court finds, after a hearing, that respondent has
5    committed abuse (as defined in Section 103) of a minor
6    child, there shall be a rebuttable presumption that
7    awarding temporary significant decision-making
8    responsibility to respondent would not be in the child's
9    best interest.
10        (7) Parenting time. Determine the parenting time, if
11    any, of respondent in any case in which the court awards
12    physical care or allocates temporary significant
13    decision-making responsibility of a minor child to
14    petitioner. The court shall restrict or deny respondent's
15    parenting time with a minor child if the court finds that
16    respondent has done or is likely to do any of the
17    following: (i) abuse or endanger the minor child during
18    parenting time; (ii) use the parenting time as an
19    opportunity to abuse or harass petitioner or petitioner's
20    family or household members; (iii) improperly conceal or
21    detain the minor child; or (iv) otherwise act in a manner
22    that is not in the best interests of the minor child. The
23    court shall not be limited by the standards set forth in
24    Section 603.10 of the Illinois Marriage and Dissolution of
25    Marriage Act. If the court grants parenting time, the order
26    shall specify dates and times for the parenting time to

 

 

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1    take place or other specific parameters or conditions that
2    are appropriate. No order for parenting time shall refer
3    merely to the term "reasonable parenting time".
4        Petitioner may deny respondent access to the minor
5    child if, when respondent arrives for parenting time,
6    respondent is under the influence of drugs or alcohol and
7    constitutes a threat to the safety and well-being of
8    petitioner or petitioner's minor children or is behaving in
9    a violent or abusive manner.
10        If necessary to protect any member of petitioner's
11    family or household from future abuse, respondent shall be
12    prohibited from coming to petitioner's residence to meet
13    the minor child for parenting time, and the parties shall
14    submit to the court their recommendations for reasonable
15    alternative arrangements for parenting time. A person may
16    be approved to supervise parenting time only after filing
17    an affidavit accepting that responsibility and
18    acknowledging accountability to the court.
19        (8) Removal or concealment of minor child. Prohibit
20    respondent from removing a minor child from the State or
21    concealing the child within the State.
22        (9) Order to appear. Order the respondent to appear in
23    court, alone or with a minor child, to prevent abuse,
24    neglect, removal or concealment of the child, to return the
25    child to the custody or care of the petitioner or to permit
26    any court-ordered interview or examination of the child or

 

 

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1    the respondent.
2        (10) Possession of personal property. Grant petitioner
3    exclusive possession of personal property and, if
4    respondent has possession or control, direct respondent to
5    promptly make it available to petitioner, if:
6            (i) petitioner, but not respondent, owns the
7        property; or
8            (ii) the parties own the property jointly; sharing
9        it would risk abuse of petitioner by respondent or is
10        impracticable; and the balance of hardships favors
11        temporary possession by petitioner.
12        If petitioner's sole claim to ownership of the property
13    is that it is marital property, the court may award
14    petitioner temporary possession thereof under the
15    standards of subparagraph (ii) of this paragraph only if a
16    proper proceeding has been filed under the Illinois
17    Marriage and Dissolution of Marriage Act, as now or
18    hereafter amended.
19        No order under this provision shall affect title to
20    property.
21        (11) Protection of property. Forbid the respondent
22    from taking, transferring, encumbering, concealing,
23    damaging or otherwise disposing of any real or personal
24    property, except as explicitly authorized by the court, if:
25            (i) petitioner, but not respondent, owns the
26        property; or

 

 

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1            (ii) the parties own the property jointly, and the
2        balance of hardships favors granting this remedy.
3        If petitioner's sole claim to ownership of the property
4    is that it is marital property, the court may grant
5    petitioner relief under subparagraph (ii) of this
6    paragraph only if a proper proceeding has been filed under
7    the Illinois Marriage and Dissolution of Marriage Act, as
8    now or hereafter amended.
9        The court may further prohibit respondent from
10    improperly using the financial or other resources of an
11    aged member of the family or household for the profit or
12    advantage of respondent or of any other person.
13        (11.5) Protection of animals. Grant the petitioner the
14    exclusive care, custody, or control of any animal owned,
15    possessed, leased, kept, or held by either the petitioner
16    or the respondent or a minor child residing in the
17    residence or household of either the petitioner or the
18    respondent and order the respondent to stay away from the
19    animal and forbid the respondent from taking,
20    transferring, encumbering, concealing, harming, or
21    otherwise disposing of the animal.
22        (12) Order for payment of support. Order respondent to
23    pay temporary support for the petitioner or any child in
24    the petitioner's care or over whom the petitioner has been
25    allocated parental responsibility, when the respondent has
26    a legal obligation to support that person, in accordance

 

 

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1    with the Illinois Marriage and Dissolution of Marriage Act,
2    which shall govern, among other matters, the amount of
3    support, payment through the clerk and withholding of
4    income to secure payment. An order for child support may be
5    granted to a petitioner with lawful physical care of a
6    child, or an order or agreement for physical care of a
7    child, prior to entry of an order allocating significant
8    decision-making responsibility. Such a support order shall
9    expire upon entry of a valid order allocating parental
10    responsibility differently and vacating the petitioner's
11    significant decision-making authority, unless otherwise
12    provided in the order.
13        (13) Order for payment of losses. Order respondent to
14    pay petitioner for losses suffered as a direct result of
15    the abuse, neglect, or exploitation. Such losses shall
16    include, but not be limited to, medical expenses, lost
17    earnings or other support, repair or replacement of
18    property damaged or taken, reasonable attorney's fees,
19    court costs and moving or other travel expenses, including
20    additional reasonable expenses for temporary shelter and
21    restaurant meals.
22            (i) Losses affecting family needs. If a party is
23        entitled to seek maintenance, child support or
24        property distribution from the other party under the
25        Illinois Marriage and Dissolution of Marriage Act, as
26        now or hereafter amended, the court may order

 

 

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1        respondent to reimburse petitioner's actual losses, to
2        the extent that such reimbursement would be
3        "appropriate temporary relief", as authorized by
4        subsection (a)(3) of Section 501 of that Act.
5            (ii) Recovery of expenses. In the case of an
6        improper concealment or removal of a minor child, the
7        court may order respondent to pay the reasonable
8        expenses incurred or to be incurred in the search for
9        and recovery of the minor child, including but not
10        limited to legal fees, court costs, private
11        investigator fees, and travel costs.
12        (14) Prohibition of entry. Prohibit the respondent
13    from entering or remaining in the residence or household
14    while the respondent is under the influence of alcohol or
15    drugs and constitutes a threat to the safety and well-being
16    of the petitioner or the petitioner's children.
17        (14.5) Prohibition of firearm possession.
18            (a) Prohibit a respondent against whom an order of
19        protection was issued from possessing any firearms
20        during the duration of the order if the order:
21                (1) was issued after a hearing of which such
22            person received actual notice, and at which such
23            person had an opportunity to participate;
24                (2) restrains such person from harassing,
25            stalking, or threatening an intimate partner of
26            such person or child of such intimate partner or

 

 

HB5447 Enrolled- 2211 -LRB100 16294 AMC 31417 b

1            person, or engaging in other conduct that would
2            place an intimate partner in reasonable fear of
3            bodily injury to the partner or child; and
4                (3)(i) includes a finding that such person
5            represents a credible threat to the physical
6            safety of such intimate partner or child; or (ii)
7            by its terms explicitly prohibits the use,
8            attempted use, or threatened use of physical force
9            against such intimate partner or child that would
10            reasonably be expected to cause bodily injury.
11        Any Firearm Owner's Identification Card in the
12        possession of the respondent, except as provided in
13        subsection (b), shall be ordered by the court to be
14        turned over to the local law enforcement agency. The
15        local law enforcement agency shall immediately mail
16        the card to the Department of State Police Firearm
17        Owner's Identification Card Office for safekeeping.
18        The court shall issue a warrant for seizure of any
19        firearm in the possession of the respondent, to be kept
20        by the local law enforcement agency for safekeeping,
21        except as provided in subsection (b). The period of
22        safekeeping shall be for the duration of the order of
23        protection. The firearm or firearms and Firearm
24        Owner's Identification Card, if unexpired, shall at
25        the respondent's request, be returned to the
26        respondent at the end of the order of protection. It is

 

 

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1        the respondent's responsibility to notify the
2        Department of State Police Firearm Owner's
3        Identification Card Office.
4            (b) If the respondent is a peace officer as defined
5        in Section 2-13 of the Criminal Code of 2012, the court
6        shall order that any firearms used by the respondent in
7        the performance of his or her duties as a peace officer
8        be surrendered to the chief law enforcement executive
9        of the agency in which the respondent is employed, who
10        shall retain the firearms for safekeeping for the
11        duration of the order of protection.
12            (c) Upon expiration of the period of safekeeping,
13        if the firearms or Firearm Owner's Identification Card
14        cannot be returned to respondent because respondent
15        cannot be located, fails to respond to requests to
16        retrieve the firearms, or is not lawfully eligible to
17        possess a firearm, upon petition from the local law
18        enforcement agency, the court may order the local law
19        enforcement agency to destroy the firearms, use the
20        firearms for training purposes, or for any other
21        application as deemed appropriate by the local law
22        enforcement agency; or that the firearms be turned over
23        to a third party who is lawfully eligible to possess
24        firearms, and who does not reside with respondent.
25        (15) Prohibition of access to records. If an order of
26    protection prohibits respondent from having contact with

 

 

HB5447 Enrolled- 2213 -LRB100 16294 AMC 31417 b

1    the minor child, or if petitioner's address is omitted
2    under subsection (b) of Section 203, or if necessary to
3    prevent abuse or wrongful removal or concealment of a minor
4    child, the order shall deny respondent access to, and
5    prohibit respondent from inspecting, obtaining, or
6    attempting to inspect or obtain, school or any other
7    records of the minor child who is in the care of
8    petitioner.
9        (16) Order for payment of shelter services. Order
10    respondent to reimburse a shelter providing temporary
11    housing and counseling services to the petitioner for the
12    cost of the services, as certified by the shelter and
13    deemed reasonable by the court.
14        (17) Order for injunctive relief. Enter injunctive
15    relief necessary or appropriate to prevent further abuse of
16    a family or household member or further abuse, neglect, or
17    exploitation of a high-risk adult with disabilities or to
18    effectuate one of the granted remedies, if supported by the
19    balance of hardships. If the harm to be prevented by the
20    injunction is abuse or any other harm that one of the
21    remedies listed in paragraphs (1) through (16) of this
22    subsection is designed to prevent, no further evidence is
23    necessary that the harm is an irreparable injury.
24        (18) Telephone services.
25            (A) Unless a condition described in subparagraph
26        (B) of this paragraph exists, the court may, upon

 

 

HB5447 Enrolled- 2214 -LRB100 16294 AMC 31417 b

1        request by the petitioner, order a wireless telephone
2        service provider to transfer to the petitioner the
3        right to continue to use a telephone number or numbers
4        indicated by the petitioner and the financial
5        responsibility associated with the number or numbers,
6        as set forth in subparagraph (C) of this paragraph. For
7        purposes of this paragraph (18), the term "wireless
8        telephone service provider" means a provider of
9        commercial mobile service as defined in 47 U.S.C. 332.
10        The petitioner may request the transfer of each
11        telephone number that the petitioner, or a minor child
12        in his or her custody, uses. The clerk of the court
13        shall serve the order on the wireless telephone service
14        provider's agent for service of process provided to the
15        Illinois Commerce Commission. The order shall contain
16        all of the following:
17                (i) The name and billing telephone number of
18            the account holder including the name of the
19            wireless telephone service provider that serves
20            the account.
21                (ii) Each telephone number that will be
22            transferred.
23                (iii) A statement that the provider transfers
24            to the petitioner all financial responsibility for
25            and right to the use of any telephone number
26            transferred under this paragraph.

 

 

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1            (B) A wireless telephone service provider shall
2        terminate the respondent's use of, and shall transfer
3        to the petitioner use of, the telephone number or
4        numbers indicated in subparagraph (A) of this
5        paragraph unless it notifies the petitioner, within 72
6        hours after it receives the order, that one of the
7        following applies:
8                (i) The account holder named in the order has
9            terminated the account.
10                (ii) A difference in network technology would
11            prevent or impair the functionality of a device on
12            a network if the transfer occurs.
13                (iii) The transfer would cause a geographic or
14            other limitation on network or service provision
15            to the petitioner.
16                (iv) Another technological or operational
17            issue would prevent or impair the use of the
18            telephone number if the transfer occurs.
19            (C) The petitioner assumes all financial
20        responsibility for and right to the use of any
21        telephone number transferred under this paragraph. In
22        this paragraph, "financial responsibility" includes
23        monthly service costs and costs associated with any
24        mobile device associated with the number.
25            (D) A wireless telephone service provider may
26        apply to the petitioner its routine and customary

 

 

HB5447 Enrolled- 2216 -LRB100 16294 AMC 31417 b

1        requirements for establishing an account or
2        transferring a number, including requiring the
3        petitioner to provide proof of identification,
4        financial information, and customer preferences.
5            (E) Except for willful or wanton misconduct, a
6        wireless telephone service provider is immune from
7        civil liability for its actions taken in compliance
8        with a court order issued under this paragraph.
9            (F) All wireless service providers that provide
10        services to residential customers shall provide to the
11        Illinois Commerce Commission the name and address of an
12        agent for service of orders entered under this
13        paragraph (18). Any change in status of the registered
14        agent must be reported to the Illinois Commerce
15        Commission within 30 days of such change.
16            (G) The Illinois Commerce Commission shall
17        maintain the list of registered agents for service for
18        each wireless telephone service provider on the
19        Commission's website. The Commission may consult with
20        wireless telephone service providers and the Circuit
21        Court Clerks on the manner in which this information is
22        provided and displayed.
23    (c) Relevant factors; findings.
24        (1) In determining whether to grant a specific remedy,
25    other than payment of support, the court shall consider
26    relevant factors, including but not limited to the

 

 

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1    following:
2            (i) the nature, frequency, severity, pattern and
3        consequences of the respondent's past abuse, neglect
4        or exploitation of the petitioner or any family or
5        household member, including the concealment of his or
6        her location in order to evade service of process or
7        notice, and the likelihood of danger of future abuse,
8        neglect, or exploitation to petitioner or any member of
9        petitioner's or respondent's family or household; and
10            (ii) the danger that any minor child will be abused
11        or neglected or improperly relocated from the
12        jurisdiction, improperly concealed within the State or
13        improperly separated from the child's primary
14        caretaker.
15        (2) In comparing relative hardships resulting to the
16    parties from loss of possession of the family home, the
17    court shall consider relevant factors, including but not
18    limited to the following:
19            (i) availability, accessibility, cost, safety,
20        adequacy, location and other characteristics of
21        alternate housing for each party and any minor child or
22        dependent adult in the party's care;
23            (ii) the effect on the party's employment; and
24            (iii) the effect on the relationship of the party,
25        and any minor child or dependent adult in the party's
26        care, to family, school, church and community.

 

 

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1        (3) Subject to the exceptions set forth in paragraph
2    (4) of this subsection, the court shall make its findings
3    in an official record or in writing, and shall at a minimum
4    set forth the following:
5            (i) That the court has considered the applicable
6        relevant factors described in paragraphs (1) and (2) of
7        this subsection.
8            (ii) Whether the conduct or actions of respondent,
9        unless prohibited, will likely cause irreparable harm
10        or continued abuse.
11            (iii) Whether it is necessary to grant the
12        requested relief in order to protect petitioner or
13        other alleged abused persons.
14        (4) For purposes of issuing an ex parte emergency order
15    of protection, the court, as an alternative to or as a
16    supplement to making the findings described in paragraphs
17    (c)(3)(i) through (c)(3)(iii) of this subsection, may use
18    the following procedure:
19        When a verified petition for an emergency order of
20    protection in accordance with the requirements of Sections
21    203 and 217 is presented to the court, the court shall
22    examine petitioner on oath or affirmation. An emergency
23    order of protection shall be issued by the court if it
24    appears from the contents of the petition and the
25    examination of petitioner that the averments are
26    sufficient to indicate abuse by respondent and to support

 

 

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1    the granting of relief under the issuance of the emergency
2    order of protection.
3        (5) Never married parties. No rights or
4    responsibilities for a minor child born outside of marriage
5    attach to a putative father until a father and child
6    relationship has been established under the Illinois
7    Parentage Act of 1984, the Illinois Parentage Act of 2015,
8    the Illinois Public Aid Code, Section 12 of the Vital
9    Records Act, the Juvenile Court Act of 1987, the Probate
10    Act of 1975 1985, the Revised Uniform Reciprocal
11    Enforcement of Support Act, the Uniform Interstate Family
12    Support Act, the Expedited Child Support Act of 1990, any
13    judicial, administrative, or other act of another state or
14    territory, any other Illinois statute, or by any foreign
15    nation establishing the father and child relationship, any
16    other proceeding substantially in conformity with the
17    Personal Responsibility and Work Opportunity
18    Reconciliation Act of 1996 (Pub. L. 104-193), or where both
19    parties appeared in open court or at an administrative
20    hearing acknowledging under oath or admitting by
21    affirmation the existence of a father and child
22    relationship. Absent such an adjudication, finding, or
23    acknowledgment acknowledgement, no putative father shall
24    be granted temporary allocation of parental
25    responsibilities, including parenting time with the minor
26    child, or physical care and possession of the minor child,

 

 

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1    nor shall an order of payment for support of the minor
2    child be entered.
3    (d) Balance of hardships; findings. If the court finds that
4the balance of hardships does not support the granting of a
5remedy governed by paragraph (2), (3), (10), (11), or (16) of
6subsection (b) of this Section, which may require such
7balancing, the court's findings shall so indicate and shall
8include a finding as to whether granting the remedy will result
9in hardship to respondent that would substantially outweigh the
10hardship to petitioner from denial of the remedy. The findings
11shall be an official record or in writing.
12    (e) Denial of remedies. Denial of any remedy shall not be
13based, in whole or in part, on evidence that:
14        (1) Respondent has cause for any use of force, unless
15    that cause satisfies the standards for justifiable use of
16    force provided by Article 7 of the Criminal Code of 2012;
17        (2) Respondent was voluntarily intoxicated;
18        (3) Petitioner acted in self-defense or defense of
19    another, provided that, if petitioner utilized force, such
20    force was justifiable under Article 7 of the Criminal Code
21    of 2012;
22        (4) Petitioner did not act in self-defense or defense
23    of another;
24        (5) Petitioner left the residence or household to avoid
25    further abuse, neglect, or exploitation by respondent;
26        (6) Petitioner did not leave the residence or household

 

 

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1    to avoid further abuse, neglect, or exploitation by
2    respondent;
3        (7) Conduct by any family or household member excused
4    the abuse, neglect, or exploitation by respondent, unless
5    that same conduct would have excused such abuse, neglect,
6    or exploitation if the parties had not been family or
7    household members.
8(Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642,
9eff. 7-28-16; 100-388, eff. 1-1-18; revised 10-6-17.)
 
10    Section 625. The Collaborative Process Act is amended by
11changing Section 5 as follows:
 
12    (750 ILCS 90/5)
13    Sec. 5. Definitions. In this Act:
14    (1) "Collaborative process communication" means a
15statement, whether oral or in a record, or verbal or nonverbal,
16that:
17        (A) is made to conduct, participate in, continue, or
18    reconvene a collaborative process; and
19        (B) occurs after the parties sign a collaborative
20    process participation agreement and before the
21    collaborative process is concluded.
22    (2) "Collaborative process participation agreement" means
23a written agreement by persons acting with informed consent to
24participate in a collaborative process, in which the persons

 

 

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1agree to discharge their collaborative process lawyer and law
2firm if the collaborative process fails.
3    (3) "Collaborative process" means a procedure intended to
4resolve a collaborative process matter without intervention by
5a court in which persons:
6        (A) sign a collaborative process participation
7    agreement; and
8        (B) are represented by collaborative process lawyers.
9    (4) "Collaborative process lawyer" means a lawyer who
10represents a party in a collaborative process and helps carry
11out the process of the agreement, but is not a party to the
12agreement.
13    (5) "Collaborative process matter" means a dispute,
14transaction, claim, problem, or issue for resolution,
15including a dispute, claim, or issue in a proceeding, which is
16described in a collaborative process participation agreement
17and arises under the family or domestic relations law of this
18State, including:
19        (A) marriage, divorce, dissolution, annulment, legal
20    separation, and property distribution;
21        (B) significant decision-making decision making and
22    parenting time of children;
23        (C) maintenance and child support;
24        (D) adoption;
25        (E) parentage; and
26        (F) premarital, marital, and post-marital agreements.

 

 

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1    "Collaborative process matter" does not include any
2dispute, transaction, claim, problem, or issue that: (i) is the
3subject of a pending action under the Juvenile Court Act of
41987; (ii) is under investigation by the Illinois Department of
5Children and Family Services pursuant to the Abused and
6Neglected Child Reporting Act; or (iii) resulted in a currently
7open case with the Illinois Department of Children and Family
8Services.
9    (6) "Law firm" means:
10        (A) lawyers who practice law together in a partnership,
11    professional corporation, sole proprietorship, limited
12    liability company, or association; and
13        (B) lawyers employed in a legal services organization,
14    law school or the legal department of a corporation or
15    other organization.
16    (7) "Nonparty participant" means a person, other than a
17party and the party's collaborative process lawyer, that
18participates in a collaborative process.
19    (8) "Party" means a person other than a collaborative
20process lawyer that signs a collaborative process
21participation agreement and whose consent is necessary to
22resolve a collaborative process matter.
23    (9) "Person" means an individual, corporation, business
24trust, estate, trust, partnership, limited liability company,
25association, joint venture, public corporation, government or
26governmental subdivision, agency, or instrumentality, or any

 

 

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1other legal or commercial entity.
2    (10) "Proceeding" means a judicial or other adjudicative
3process before a court, including related prehearing and
4post-hearing motions, conferences, and discovery.
5    (11) "Prospective party" means a person that discusses with
6a prospective collaborative process lawyer the possibility of
7signing a collaborative process participation agreement.
8    (12) "Record" means information that is inscribed on a
9tangible medium or that is stored in an electronic or other
10medium and is retrievable in perceivable form.
11    (13) "Related to a collaborative process matter" means
12involving the same parties, transaction or occurrence, nucleus
13of operative fact, dispute, claim, or issue as the
14collaborative process matter.
15    (14) "Sign" means, with present intent to authenticate or
16adopt a record:
17        (A) to execute or adopt a tangible symbol; or
18        (B) to attach to or logically associate with the record
19    an electronic symbol, sound, or process.
20(Source: P.A. 100-205, eff. 1-1-18; revised 10-6-17.)
 
21    Section 630. The Installment Sales Contract Act is amended
22by changing Sections 10 and 75 as follows:
 
23    (765 ILCS 67/10)
24    Sec. 10. Terms and conditions of installment sales

 

 

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1contracts.
2    (a) The seller of residential real estate by installment
3sales contract shall provide the buyer with a written contract
4that complies with the requirements set forth in this Section.
5    (b) Until both parties have a copy of the executed contract
6signed by the buyer and the seller with the signatures
7notarized, either party has the right to rescind the contract,
8in addition to all other remedies provided by this Act. Upon
9rescission, pursuant to this Section, the seller shall refund
10to the buyer all money paid to the seller as of the date of
11rescission.
12    (c) An installment sales contract for the sale of any
13residential real estate subject to the contract shall clearly
14and conspicuously disclose the following:
15        (1) The address, permanent index number, and legal
16    description of the residential real estate subject to the
17    contract.
18        (2) The price of the residential real estate subject to
19    the contract.
20        (3) The amount, if any, of any down payment applied to
21    the price of the residential real estate subject to the
22    contract and the resulting principal on the loan.
23        (4) The amount of the periodic payment, any grace
24    periods for late payments, late payment fees, and to whom,
25    where, and how the buyer should deliver each payment.
26        (5) The interest rate being charged, if any, expressed

 

 

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1    only as an annual percentage rate.
2        (6) The term of the loan expressed in years and months
3    and the total number of periodic payments due.
4        (7) The amount, if any, of any balloon payments and
5    when each balloon payment is due.
6        (8) A statement outlining whether the seller or the
7    buyer is responsible for paying real estate taxes and
8    insurance and how responsibilities of the buyer and seller
9    change based on the time period the residential real estate
10    subject to the contract is occupied by the buyer and what
11    percentage of the principal is paid down. In all
12    circumstances not defined in the disclosure required by
13    this subsection, the seller has the responsibility for
14    paying real estate taxes and insurance.
15        (9) The amount that will be charged periodically, if
16    any, for the first year to pay real estate taxes.
17        (10) The amount that will be charged periodically, if
18    any, for the first year to pay insurance.
19        (11) A statement that the amounts listed in items (9)
20    and (10) of this subsection are subject to change each
21    year.
22        (12) The fair cash value as defined in the Property Tax
23    Code and set forth on the real estate tax bill for the year
24    immediately prior to the sale, and the assessed value of
25    the property as set forth on the real estate tax bill for
26    the year immediately prior to the sale.

 

 

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1        (13) The amount of real estate taxes for the year
2    immediately prior to the sale.
3        (14) Any unpaid amounts owing on prior real estate
4    taxes.
5        (15) The amount of the annual insurance payment for the
6    year immediately prior to the sale.
7        (16) The type of insurance coverage, including, but not
8    limited to, property insurance and title insurance, for the
9    buyer and seller that will be required or provided.
10        (17) The seller's interest in the structure being sold.
11        (18) Any known liens or mortgages or other title
12    limitations existing on the property.
13        (19) An explanation as to when the buyer will obtain
14    the title.
15        (20) A statement defining what repairs the buyer is
16    financially responsible for making to the residential real
17    estate subject to the contract, if any, and how
18    responsibilities of the buyer and seller to repair the
19    property change based on the time period the residential
20    real estate subject to the contract is occupied by the
21    buyer and what percentage of the principal is paid down by
22    any repairs made by the buyer. In all circumstances not
23    defined in the disclosure required by this subsection, the
24    seller has the financial responsibility for all repairs
25    required to be made pursuant to the installment sales
26    contract.

 

 

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1        (21) A statement defining what, if any, alterations of
2    the property must be approved by both the buyer and the
3    seller prior to the alterations being made, including
4    requirements to provide evidence of proper permits,
5    insurance, and lien waiver agreements.
6        (22) Any additional charges or fees due at the time of
7    the date of sale or at a later date.
8        (23) An amortization schedule, as defined in Section 5.
9        (24) A certificate of compliance with applicable
10    dwelling codes, or in the absence of such a certificate:
11    (i) an express written warranty that no notice from any
12    municipality or other governmental authority of a dwelling
13    code violation that existed with respect to the residential
14    real estate subject to the contract before the installment
15    sales contract was executed had been received by the
16    seller, his or her principal, or his or her agent within 10
17    years of the date of execution of the installment sales
18    contract; or (ii) if any notice of a violation had been
19    received, a list of all such notices with a detailed
20    statement of all violations referred to in the notice.
21        (25) A statement, in large bold font stating in
22    substantially similar form: "NOTE TO BUYER: BEFORE SIGNING
23    THE CONTRACT THE BUYER HAS THE OPTION OF OBTAINING AN
24    INDEPENDENT THIRD PARTY INSPECTION AND/OR APPRAISAL SO
25    THAT THE BUYER CAN DETERMINE THE CONDITION AND ESTIMATED
26    MARKET VALUE OF THE RESIDENTIAL REAL ESTATE AND DECIDE

 

 

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1    WHETHER TO SIGN THE CONTRACT.".
2        (26) If the residential real estate or any dwelling
3    structure thereon that is subject to the contract has been
4    condemned by the unit of government having jurisdiction,
5    the contract shall include a statement, in large bold font
6    stating in substantially similar form: "NOTE TO BUYER: THE
7    RESIDENTIAL REAL ESTATE BEING SOLD THROUGH THIS CONTRACT
8    HAS BEEN CONDEMNED BY THE UNIT OF GOVERNMENT HAVING
9    JURISDICTION.".
10        (27) A statement that the seller provided the buyer the
11    installment sales contract disclosure prepared by the
12    Office of the Attorney General as required under Illinois
13    State law. The statement shall include the date on which
14    the buyer was provided with the disclosure, which must be
15    at least 3 full business days before the contract was
16    executed.
17        (28) A statement that: (i) if the buyer defaults in
18    payment, any action brought against the buyer under the
19    contract shall be initiated only after the expiration of 90
20    days from the date of the default; and (ii) a buyer in
21    default may, prior to the expiration of the 90-day period,
22    make all payments, fees and charges currently due under the
23    contract to cure the default.
24    (d) The requirements of this Section cannot be waived by
25the buyer or seller.
26(Source: P.A. 100-416, eff. 1-1-18; revised 10-6-17.)
 

 

 

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1    (765 ILCS 67/75)
2    Sec. 75. Installment sales contract disclosures.
3    (a) The Office of the Attorney General shall develop the
4content and format of an educational document providing
5independent consumer information regarding installment sales
6contracts and the availability of independent housing
7counseling services, including services provided by nonprofit
8agencies certified by the federal government to provide housing
9counseling. The document shall be updated and revised as often
10as deemed necessary by the Office of the Attorney General.
11    (b) The document described in subsection (a) of this
12Section shall include the following statement: "IMPORTANT
13NOTICE REGARDING THE COOLING-OFF PERIOD: Illinois State law
14requires a 3-day cooling-off period for installment sales
15contracts, during which time a potential buyer cannot be
16required to close or proceed with the contract. The purpose of
17this requirement is to provide a potential buyer with 3
18business days to consider his or her decision whether to sign
19an installment sales contract. Potential buyers may want to
20seek additional information from a HUD-approved housing
21counselor during this 3-day period. The 3-day cooling-off
22period cannot be waived.".
23(Source: P.A. 100-416, eff. 1-1-18; revised 10-6-17.)
 
24    Section 635. The Statute Concerning Perpetuities is

 

 

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1amended by changing Section 6 as follows:
 
2    (765 ILCS 305/6)  (from Ch. 30, par. 196)
3    Sec. 6. Application of Act Effective date. This Act shall
4apply only to instruments, including instruments which
5exercise a power of appointment, which become effective after
6the effective date of this Act.
7(Source: P.A. 76-1428; revised 10-6-17.)
 
8    Section 640. The Condominium Property Act is amended by
9changing Sections 18, 19, and 27 as follows:
 
10    (765 ILCS 605/18)  (from Ch. 30, par. 318)
11    Sec. 18. Contents of bylaws. The bylaws shall provide for
12at least the following:
13        (a)(1) The election from among the unit owners of a
14    board of managers, the number of persons constituting such
15    board, and that the terms of at least one-third of the
16    members of the board shall expire annually and that all
17    members of the board shall be elected at large; if there
18    are multiple owners of a single unit, only one of the
19    multiple owners shall be eligible to serve as a member of
20    the board at any one time;
21        (2) the powers and duties of the board;
22        (3) the compensation, if any, of the members of the
23    board;

 

 

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1        (4) the method of removal from office of members of the
2    board;
3        (5) that the board may engage the services of a manager
4    or managing agent;
5        (6) that each unit owner shall receive, at least 25
6    days prior to the adoption thereof by the board of
7    managers, a copy of the proposed annual budget together
8    with an indication of which portions are intended for
9    reserves, capital expenditures or repairs or payment of
10    real estate taxes;
11        (7) that the board of managers shall annually supply to
12    all unit owners an itemized accounting of the common
13    expenses for the preceding year actually incurred or paid,
14    together with an indication of which portions were for
15    reserves, capital expenditures or repairs or payment of
16    real estate taxes and with a tabulation of the amounts
17    collected pursuant to the budget or assessment, and showing
18    the net excess or deficit of income over expenditures plus
19    reserves;
20        (8)(i) that each unit owner shall receive notice, in
21    the same manner as is provided in this Act for membership
22    meetings, of any meeting of the board of managers
23    concerning the adoption of the proposed annual budget and
24    regular assessments pursuant thereto or to adopt a separate
25    (special) assessment, (ii) that except as provided in
26    subsection (iv) below, if an adopted budget or any separate

 

 

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1    assessment adopted by the board would result in the sum of
2    all regular and separate assessments payable in the current
3    fiscal year exceeding 115% of the sum of all regular and
4    separate assessments payable during the preceding fiscal
5    year, the board of managers, upon written petition by unit
6    owners with 20 percent of the votes of the association
7    delivered to the board within 21 days of the board action,
8    shall call a meeting of the unit owners within 30 days of
9    the date of delivery of the petition to consider the budget
10    or separate assessment; unless a majority of the total
11    votes of the unit owners are cast at the meeting to reject
12    the budget or separate assessment, it is ratified, (iii)
13    that any common expense not set forth in the budget or any
14    increase in assessments over the amount adopted in the
15    budget shall be separately assessed against all unit
16    owners, (iv) that separate assessments for expenditures
17    relating to emergencies or mandated by law may be adopted
18    by the board of managers without being subject to unit
19    owner approval or the provisions of item (ii) above or item
20    (v) below. As used herein, "emergency" means an immediate
21    danger to the structural integrity of the common elements
22    or to the life, health, safety or property of the unit
23    owners, (v) that assessments for additions and alterations
24    to the common elements or to association-owned property not
25    included in the adopted annual budget, shall be separately
26    assessed and are subject to approval of two-thirds of the

 

 

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1    total votes of all unit owners, (vi) that the board of
2    managers may adopt separate assessments payable over more
3    than one fiscal year. With respect to multi-year
4    assessments not governed by items (iv) and (v), the entire
5    amount of the multi-year assessment shall be deemed
6    considered and authorized in the first fiscal year in which
7    the assessment is approved;
8        (9)(A) that every meeting of the board of managers
9    shall be open to any unit owner, except that the board may
10    close any portion of a noticed meeting or meet separately
11    from a noticed meeting to: (i) discuss litigation when an
12    action against or on behalf of the particular association
13    has been filed and is pending in a court or administrative
14    tribunal, or when the board of managers finds that such an
15    action is probable or imminent, (ii) discuss the
16    appointment, employment, engagement, or dismissal of an
17    employee, independent contractor, agent, or other provider
18    of goods and services, (iii) interview a potential
19    employee, independent contractor, agent, or other provider
20    of goods and services, (iv) discuss violations of rules and
21    regulations of the association, (v) discuss a unit owner's
22    unpaid share of common expenses, or (vi) consult with the
23    association's legal counsel; that any vote on these matters
24    shall take place at a meeting of the board of managers or
25    portion thereof open to any unit owner;
26        (B) that board members may participate in and act at

 

 

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1    any meeting of the board of managers in person, by
2    telephonic means, or by use of any acceptable technological
3    means whereby all persons participating in the meeting can
4    communicate with each other; that participation
5    constitutes attendance and presence in person at the
6    meeting;
7        (C) that any unit owner may record the proceedings at
8    meetings of the board of managers or portions thereof
9    required to be open by this Act by tape, film or other
10    means, and that the board may prescribe reasonable rules
11    and regulations to govern the right to make such
12    recordings;
13        (D) that notice of every meeting of the board of
14    managers shall be given to every board member at least 48
15    hours prior thereto, unless the board member waives notice
16    of the meeting pursuant to subsection (a) of Section 18.8;
17    and
18        (E) that notice of every meeting of the board of
19    managers shall be posted in entranceways, elevators, or
20    other conspicuous places in the condominium at least 48
21    hours prior to the meeting of the board of managers except
22    where there is no common entranceway for 7 or more units,
23    the board of managers may designate one or more locations
24    in the proximity of these units where the notices of
25    meetings shall be posted; that notice of every meeting of
26    the board of managers shall also be given at least 48 hours

 

 

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1    prior to the meeting, or such longer notice as this Act may
2    separately require, to: (i) each unit owner who has
3    provided the association with written authorization to
4    conduct business by acceptable technological means, and
5    (ii) to the extent that the condominium instruments of an
6    association require, to each other unit owner, as required
7    by subsection (f) of Section 18.8, by mail or delivery, and
8    that no other notice of a meeting of the board of managers
9    need be given to any unit owner;
10        (10) that the board shall meet at least 4 times
11    annually;
12        (11) that no member of the board or officer shall be
13    elected for a term of more than 2 years, but that officers
14    and board members may succeed themselves;
15        (12) the designation of an officer to mail and receive
16    all notices and execute amendments to condominium
17    instruments as provided for in this Act and in the
18    condominium instruments;
19        (13) the method of filling vacancies on the board which
20    shall include authority for the remaining members of the
21    board to fill the vacancy by two-thirds vote until the next
22    annual meeting of unit owners or for a period terminating
23    no later than 30 days following the filing of a petition
24    signed by unit owners holding 20% of the votes of the
25    association requesting a meeting of the unit owners to fill
26    the vacancy for the balance of the term, and that a meeting

 

 

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1    of the unit owners shall be called for purposes of filling
2    a vacancy on the board no later than 30 days following the
3    filing of a petition signed by unit owners holding 20% of
4    the votes of the association requesting such a meeting, and
5    the method of filling vacancies among the officers that
6    shall include the authority for the members of the board to
7    fill the vacancy for the unexpired portion of the term;
8        (14) what percentage of the board of managers, if other
9    than a majority, shall constitute a quorum;
10        (15) provisions concerning notice of board meetings to
11    members of the board;
12        (16) the board of managers may not enter into a
13    contract with a current board member or with a corporation
14    or partnership in which a board member or a member of the
15    board member's immediate family has 25% or more interest,
16    unless notice of intent to enter the contract is given to
17    unit owners within 20 days after a decision is made to
18    enter into the contract and the unit owners are afforded an
19    opportunity by filing a petition, signed by 20% of the unit
20    owners, for an election to approve or disapprove the
21    contract; such petition shall be filed within 30 days after
22    such notice and such election shall be held within 30 days
23    after filing the petition; for purposes of this subsection,
24    a board member's immediate family means the board member's
25    spouse, parents, and children;
26        (17) that the board of managers may disseminate to unit

 

 

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1    owners biographical and background information about
2    candidates for election to the board if (i) reasonable
3    efforts to identify all candidates are made and all
4    candidates are given an opportunity to include
5    biographical and background information in the information
6    to be disseminated; and (ii) the board does not express a
7    preference in favor of any candidate;
8        (18) any proxy distributed for board elections by the
9    board of managers gives unit owners the opportunity to
10    designate any person as the proxy holder, and gives the
11    unit owner the opportunity to express a preference for any
12    of the known candidates for the board or to write in a
13    name;
14        (19) that special meetings of the board of managers can
15    be called by the president or 25% of the members of the
16    board;
17        (20) that the board of managers may establish and
18    maintain a system of master metering of public utility
19    services and collect payments in connection therewith,
20    subject to the requirements of the Tenant Utility Payment
21    Disclosure Act; and
22        (21) that the board may ratify and confirm actions of
23    the members of the board taken in response to an emergency,
24    as that term is defined in subdivision (a)(8)(iv) of this
25    Section; that the board shall give notice to the unit
26    owners of: (i) the occurrence of the emergency event within

 

 

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1    7 business days after the emergency event, and (ii) the
2    general description of the actions taken to address the
3    event within 7 days after the emergency event.
4        The intent of the provisions of Public Act 99-472
5    adding this paragraph (21) is to empower and support boards
6    to act in emergencies.
7        (b)(1) What percentage of the unit owners, if other
8    than 20%, shall constitute a quorum provided that, for
9    condominiums with 20 or more units, the percentage of unit
10    owners constituting a quorum shall be 20% unless the unit
11    owners holding a majority of the percentage interest in the
12    association provide for a higher percentage, provided that
13    in voting on amendments to the association's bylaws, a unit
14    owner who is in arrears on the unit owner's regular or
15    separate assessments for 60 days or more, shall not be
16    counted for purposes of determining if a quorum is present,
17    but that unit owner retains the right to vote on amendments
18    to the association's bylaws;
19        (2) that the association shall have one class of
20    membership;
21        (3) that the members shall hold an annual meeting, one
22    of the purposes of which shall be to elect members of the
23    board of managers;
24        (4) the method of calling meetings of the unit owners;
25        (5) that special meetings of the members can be called
26    by the president, board of managers, or by 20% of unit

 

 

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1    owners;
2        (6) that written notice of any membership meeting shall
3    be mailed or delivered giving members no less than 10 and
4    no more than 30 days notice of the time, place and purpose
5    of such meeting except that notice may be sent, to the
6    extent the condominium instruments or rules adopted
7    thereunder expressly so provide, by electronic
8    transmission consented to by the unit owner to whom the
9    notice is given, provided the director and officer or his
10    agent certifies in writing to the delivery by electronic
11    transmission;
12        (7) that voting shall be on a percentage basis, and
13    that the percentage vote to which each unit is entitled is
14    the percentage interest of the undivided ownership of the
15    common elements appurtenant thereto, provided that the
16    bylaws may provide for approval by unit owners in
17    connection with matters where the requisite approval on a
18    percentage basis is not specified in this Act, on the basis
19    of one vote per unit;
20        (8) that, where there is more than one owner of a unit,
21    if only one of the multiple owners is present at a meeting
22    of the association, he is entitled to cast all the votes
23    allocated to that unit, if more than one of the multiple
24    owners are present, the votes allocated to that unit may be
25    cast only in accordance with the agreement of a majority in
26    interest of the multiple owners, unless the declaration

 

 

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1    expressly provides otherwise, that there is majority
2    agreement if any one of the multiple owners cast the votes
3    allocated to that unit without protest being made promptly
4    to the person presiding over the meeting by any of the
5    other owners of the unit;
6        (9)(A) except as provided in subparagraph (B) of this
7    paragraph (9) in connection with board elections, that a
8    unit owner may vote by proxy executed in writing by the
9    unit owner or by his duly authorized attorney in fact; that
10    the proxy must bear the date of execution and, unless the
11    condominium instruments or the written proxy itself
12    provide otherwise, is invalid after 11 months from the date
13    of its execution; to the extent the condominium instruments
14    or rules adopted thereunder expressly so provide, a vote or
15    proxy may be submitted by electronic transmission,
16    provided that any such electronic transmission shall
17    either set forth or be submitted with information from
18    which it can be determined that the electronic transmission
19    was authorized by the unit owner or the unit owner's proxy;
20        (B) that if a rule adopted at least 120 days before a
21    board election or the declaration or bylaws provide for
22    balloting as set forth in this subsection, unit owners may
23    not vote by proxy in board elections, but may vote only (i)
24    by submitting an association-issued ballot in person at the
25    election meeting or (ii) by submitting an
26    association-issued ballot to the association or its

 

 

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1    designated agent by mail or other means of delivery
2    specified in the declaration, bylaws, or rule; that the
3    ballots shall be mailed or otherwise distributed to unit
4    owners not less than 10 and not more than 30 days before
5    the election meeting, and the board shall give unit owners
6    not less than 21 days' prior written notice of the deadline
7    for inclusion of a candidate's name on the ballots; that
8    the deadline shall be no more than 7 days before the
9    ballots are mailed or otherwise distributed to unit owners;
10    that every such ballot must include the names of all
11    candidates who have given the board or its authorized agent
12    timely written notice of their candidacy and must give the
13    person casting the ballot the opportunity to cast votes for
14    candidates whose names do not appear on the ballot; that a
15    ballot received by the association or its designated agent
16    after the close of voting shall not be counted; that a unit
17    owner who submits a ballot by mail or other means of
18    delivery specified in the declaration, bylaws, or rule may
19    request and cast a ballot in person at the election
20    meeting, and thereby void any ballot previously submitted
21    by that unit owner;
22        (B-5) that if a rule adopted at least 120 days before a
23    board election or the declaration or bylaws provide for
24    balloting as set forth in this subparagraph, unit owners
25    may not vote by proxy in board elections, but may vote only
26    (i) by submitting an association-issued ballot in person at

 

 

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1    the election meeting; or (ii) by any acceptable
2    technological means as defined in Section 2 of this Act;
3    instructions regarding the use of electronic means for
4    voting shall be distributed to all unit owners not less
5    than 10 and not more than 30 days before the election
6    meeting, and the board shall give unit owners not less than
7    21 days' prior written notice of the deadline for inclusion
8    of a candidate's name on the ballots; the deadline shall be
9    no more than 7 days before the instructions for voting
10    using electronic or acceptable technological means is
11    distributed to unit owners; every instruction notice must
12    include the names of all candidates who have given the
13    board or its authorized agent timely written notice of
14    their candidacy and must give the person voting through
15    electronic or acceptable technological means the
16    opportunity to cast votes for candidates whose names do not
17    appear on the ballot; a unit owner who submits a vote using
18    electronic or acceptable technological means may request
19    and cast a ballot in person at the election meeting,
20    thereby voiding any vote previously submitted by that unit
21    owner;
22        (C) that if a written petition by unit owners with at
23    least 20% of the votes of the association is delivered to
24    the board within 30 days after the board's approval of a
25    rule adopted pursuant to subparagraph (B) or subparagraph
26    (B-5) of this paragraph (9), the board shall call a meeting

 

 

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1    of the unit owners within 30 days after the date of
2    delivery of the petition; that unless a majority of the
3    total votes of the unit owners are cast at the meeting to
4    reject the rule, the rule is ratified;
5        (D) that votes cast by ballot under subparagraph (B) or
6    electronic or acceptable technological means under
7    subparagraph (B-5) of this paragraph (9) are valid for the
8    purpose of establishing a quorum;
9        (10) that the association may, upon adoption of the
10    appropriate rules by the board of managers, conduct
11    elections by secret ballot whereby the voting ballot is
12    marked only with the percentage interest for the unit and
13    the vote itself, provided that the board further adopt
14    rules to verify the status of the unit owner issuing a
15    proxy or casting a ballot; and further, that a candidate
16    for election to the board of managers or such candidate's
17    representative shall have the right to be present at the
18    counting of ballots at such election;
19        (11) that in the event of a resale of a condominium
20    unit the purchaser of a unit from a seller other than the
21    developer pursuant to an installment sales contract for
22    purchase shall during such times as he or she resides in
23    the unit be counted toward a quorum for purposes of
24    election of members of the board of managers at any meeting
25    of the unit owners called for purposes of electing members
26    of the board, shall have the right to vote for the election

 

 

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1    of members of the board of managers and to be elected to
2    and serve on the board of managers unless the seller
3    expressly retains in writing any or all of such rights. In
4    no event may the seller and purchaser both be counted
5    toward a quorum, be permitted to vote for a particular
6    office or be elected and serve on the board. Satisfactory
7    evidence of the installment sales contract shall be made
8    available to the association or its agents. For purposes of
9    this subsection, "installment sales contract" shall have
10    the same meaning as set forth in Section 5 of the
11    Installment Sales Contract Act and Section 1(e) of the
12    Dwelling Unit Installment Contract Act;
13        (12) the method by which matters subject to the
14    approval of unit owners set forth in this Act, or in the
15    condominium instruments, will be submitted to the unit
16    owners at special membership meetings called for such
17    purposes; and
18        (13) that matters subject to the affirmative vote of
19    not less than 2/3 of the votes of unit owners at a meeting
20    duly called for that purpose, shall include, but not be
21    limited to:
22        (i) merger or consolidation of the association;
23        (ii) sale, lease, exchange, or other disposition
24        (excluding the mortgage or pledge) of all, or
25        substantially all of the property and assets of the
26        association; and

 

 

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1        (iii) the purchase or sale of land or of units on
2        behalf of all unit owners.
3        (c) Election of a president from among the board of
4    managers, who shall preside over the meetings of the board
5    of managers and of the unit owners.
6        (d) Election of a secretary from among the board of
7    managers, who shall keep the minutes of all meetings of the
8    board of managers and of the unit owners and who shall, in
9    general, perform all the duties incident to the office of
10    secretary.
11        (e) Election of a treasurer from among the board of
12    managers, who shall keep the financial records and books of
13    account.
14        (f) Maintenance, repair and replacement of the common
15    elements and payments therefor, including the method of
16    approving payment vouchers.
17        (g) An association with 30 or more units shall obtain
18    and maintain fidelity insurance covering persons who
19    control or disburse funds of the association for the
20    maximum amount of coverage available to protect funds in
21    the custody or control of the association plus the
22    association reserve fund. All management companies which
23    are responsible for the funds held or administered by the
24    association shall maintain and furnish to the association a
25    fidelity bond for the maximum amount of coverage available
26    to protect funds in the custody of the management company

 

 

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1    at any time. The association shall bear the cost of the
2    fidelity insurance and fidelity bond, unless otherwise
3    provided by contract between the association and a
4    management company. The association shall be the direct
5    obligee of any such fidelity bond. A management company
6    holding reserve funds of an association shall at all times
7    maintain a separate account for each association,
8    provided, however, that for investment purposes, the Board
9    of Managers of an association may authorize a management
10    company to maintain the association's reserve funds in a
11    single interest bearing account with similar funds of other
12    associations. The management company shall at all times
13    maintain records identifying all moneys of each
14    association in such investment account. The management
15    company may hold all operating funds of associations which
16    it manages in a single operating account but shall at all
17    times maintain records identifying all moneys of each
18    association in such operating account. Such operating and
19    reserve funds held by the management company for the
20    association shall not be subject to attachment by any
21    creditor of the management company.
22        For the purpose of this subsection, a management
23    company shall be defined as a person, partnership,
24    corporation, or other legal entity entitled to transact
25    business on behalf of others, acting on behalf of or as an
26    agent for a unit owner, unit owners or association of unit

 

 

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1    owners for the purpose of carrying out the duties,
2    responsibilities, and other obligations necessary for the
3    day to day operation and management of any property subject
4    to this Act. For purposes of this subsection, the term
5    "fiduciary insurance coverage" shall be defined as both a
6    fidelity bond and directors and officers liability
7    coverage, the fidelity bond in the full amount of
8    association funds and association reserves that will be in
9    the custody of the association, and the directors and
10    officers liability coverage at a level as shall be
11    determined to be reasonable by the board of managers, if
12    not otherwise established by the declaration or by laws.
13        Until one year after September 21, 1985 (the effective
14    date of Public Act 84-722), if a condominium association
15    has reserves plus assessments in excess of $250,000 and
16    cannot reasonably obtain 100% fidelity bond coverage for
17    such amount, then it must obtain a fidelity bond coverage
18    of $250,000.
19        (h) Method of estimating the amount of the annual
20    budget, and the manner of assessing and collecting from the
21    unit owners their respective shares of such estimated
22    expenses, and of any other expenses lawfully agreed upon.
23        (i) That upon 10 days notice to the manager or board of
24    managers and payment of a reasonable fee, any unit owner
25    shall be furnished a statement of his account setting forth
26    the amount of any unpaid assessments or other charges due

 

 

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1    and owing from such owner.
2        (j) Designation and removal of personnel necessary for
3    the maintenance, repair and replacement of the common
4    elements.
5        (k) Such restrictions on and requirements respecting
6    the use and maintenance of the units and the use of the
7    common elements, not set forth in the declaration, as are
8    designed to prevent unreasonable interference with the use
9    of their respective units and of the common elements by the
10    several unit owners.
11        (l) Method of adopting and of amending administrative
12    rules and regulations governing the operation and use of
13    the common elements.
14        (m) The percentage of votes required to modify or amend
15    the bylaws, but each one of the particulars set forth in
16    this section shall always be embodied in the bylaws.
17        (n)(i) The provisions of this Act, the declaration,
18    bylaws, other condominium instruments, and rules and
19    regulations that relate to the use of the individual unit
20    or the common elements shall be applicable to any person
21    leasing a unit and shall be deemed to be incorporated in
22    any lease executed or renewed on or after August 30, 1984
23    (the effective date of Public Act 83-1271).
24        (ii) With regard to any lease entered into subsequent
25    to July 1, 1990 (the effective date of Public Act 86-991),
26    the unit owner leasing the unit shall deliver a copy of the

 

 

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1    signed lease to the board or if the lease is oral, a
2    memorandum of the lease, not later than the date of
3    occupancy or 10 days after the lease is signed, whichever
4    occurs first. In addition to any other remedies, by filing
5    an action jointly against the tenant and the unit owner, an
6    association may seek to enjoin a tenant from occupying a
7    unit or seek to evict a tenant under the provisions of
8    Article IX of the Code of Civil Procedure for failure of
9    the lessor-owner to comply with the leasing requirements
10    prescribed by this Section or by the declaration, bylaws,
11    and rules and regulations. The board of managers may
12    proceed directly against a tenant, at law or in equity, or
13    under the provisions of Article IX of the Code of Civil
14    Procedure, for any other breach by tenant of any covenants,
15    rules, regulations or bylaws.
16        (o) The association shall have no authority to forbear
17    the payment of assessments by any unit owner.
18        (p) That when 30% or fewer of the units, by number,
19    possess over 50% in the aggregate of the votes in the
20    association, any percentage vote of members specified
21    herein or in the condominium instruments shall require the
22    specified percentage by number of units rather than by
23    percentage of interest in the common elements allocated to
24    units that would otherwise be applicable and garage units
25    or storage units, or both, shall have, in total, no more
26    votes than their aggregate percentage of ownership in the

 

 

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1    common elements; this shall mean that if garage units or
2    storage units, or both, are to be given a vote, or portion
3    of a vote, that the association must add the total number
4    of votes cast of garage units, storage units, or both, and
5    divide the total by the number of garage units, storage
6    units, or both, and multiply by the aggregate percentage of
7    ownership of garage units and storage units to determine
8    the vote, or portion of a vote, that garage units or
9    storage units, or both, have. For purposes of this
10    subsection (p), when making a determination of whether 30%
11    or fewer of the units, by number, possess over 50% in the
12    aggregate of the votes in the association, a unit shall not
13    include a garage unit or a storage unit.
14        (q) That a unit owner may not assign, delegate,
15    transfer, surrender, or avoid the duties,
16    responsibilities, and liabilities of a unit owner under
17    this Act, the condominium instruments, or the rules and
18    regulations of the Association; and that such an attempted
19    assignment, delegation, transfer, surrender, or avoidance
20    shall be deemed void.
21    The provisions of this Section are applicable to all
22condominium instruments recorded under this Act. Any portion of
23a condominium instrument which contains provisions contrary to
24these provisions shall be void as against public policy and
25ineffective. Any such instrument which fails to contain the
26provisions required by this Section shall be deemed to

 

 

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1incorporate such provisions by operation of law.
2(Source: P.A. 99-472, eff. 6-1-16; 99-567, eff. 1-1-17; 99-642,
3eff. 7-28-16; 100-292, eff. 1-1-18; 100-416, eff. 1-1-18;
4revised 10-6-17.)
 
5    (765 ILCS 605/19)  (from Ch. 30, par. 319)
6    Sec. 19. Records of the association; availability for
7examination.
8    (a) The board of managers of every association shall keep
9and maintain the following records, or true and complete copies
10of these records, at the association's principal office:
11        (1) the association's declaration, bylaws, and plats
12    of survey, and all amendments of these;
13        (2) the rules and regulations of the association, if
14    any;
15        (3) if the association is incorporated as a
16    corporation, the articles of incorporation of the
17    association and all amendments to the articles of
18    incorporation;
19        (4) minutes of all meetings of the association and its
20    board of managers for the immediately preceding 7 years;
21        (5) all current policies of insurance of the
22    association;
23        (6) all contracts, leases, and other agreements then in
24    effect to which the association is a party or under which
25    the association or the unit owners have obligations or

 

 

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1    liabilities;
2        (7) a current listing of the names, addresses, email
3    addresses, telephone numbers, and weighted vote of all
4    members entitled to vote;
5        (8) ballots and proxies related to ballots for all
6    matters voted on by the members of the association during
7    the immediately preceding 12 months, including, but not
8    limited to, the election of members of the board of
9    managers; and
10        (9) the books and records for the association's current
11    and 10 immediately preceding fiscal years, including, but
12    not limited to, itemized and detailed records of all
13    receipts, expenditures, and accounts.
14    (b) Any member of an association shall have the right to
15inspect, examine, and make copies of the records described in
16subdivisions (1), (2), (3), (4), (5), (6), and (9) of
17subsection (a) of this Section, in person or by agent, at any
18reasonable time or times, at the association's principal
19office. In order to exercise this right, a member must submit a
20written request to the association's board of managers or its
21authorized agent, stating with particularity the records
22sought to be examined. Failure of an association's board of
23managers to make available all records so requested within 10
24business days of receipt of the member's written request shall
25be deemed a denial.
26    Any member who prevails in an enforcement action to compel

 

 

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1examination of records described in subdivisions (1), (2), (3),
2(4), (5), (6), and (9) of subsection (a) of this Section shall
3be entitled to recover reasonable attorney's fees and costs
4from the association.
5    (c) (Blank).
6    (d) (Blank).
7    (d-5) As used in this Section, "commercial purpose" means
8the use of any part of a record or records described in
9subdivisions (7) and (8) of subsection (a) of this Section, or
10information derived from such records, in any form for sale,
11resale, or solicitation or advertisement for sales or services.
12    (e) Except as otherwise provided in subsection (g) of this
13Section, any member of an association shall have the right to
14inspect, examine, and make copies of the records described in
15subdivisions (7) and (8) of subsection (a) of this Section, in
16person or by agent, at any reasonable time or times but only
17for a purpose that relates to the association, at the
18association's principal office. In order to exercise this
19right, a member must submit a written request, to the
20association's board of managers or its authorized agent,
21stating with particularity the records sought to be examined.
22As a condition for exercising this right, the board of managers
23or authorized agent of the association may require the member
24to certify in writing that the information contained in the
25records obtained by the member will not be used by the member
26for any commercial purpose or for any purpose that does not

 

 

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1relate to the association. The board of managers of the
2association may impose a fine in accordance with item (l) of
3Section 18.4 upon any person who makes a false certification.
4Subject to the provisions of subsection (g) of this Section,
5failure of an association's board of managers to make available
6all records so requested within 10 business days of receipt of
7the member's written request shall be deemed a denial;
8provided, however, that the board of managers of an association
9that has adopted a secret ballot election process as provided
10in Section 18 of this Act shall not be deemed to have denied a
11member's request for records described in subdivision (8) of
12subsection (a) of this Section if voting ballots, without
13identifying unit numbers, are made available to the requesting
14member within 10 business days of receipt of the member's
15written request.
16    Any member who prevails in an enforcement action to compel
17examination of records described in subdivision subdivisions
18(7) or (8) of subsection (a) of this Section shall be entitled
19to recover reasonable attorney's fees and costs from the
20association only if the court finds that the board of directors
21acted in bad faith in denying the member's request.
22    (f) The actual cost to the association of retrieving and
23making requested records available for inspection and
24examination under this Section may be charged by the
25association to the requesting member. If a member requests
26copies of records requested under this Section, the actual

 

 

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1costs to the association of reproducing the records may also be
2charged by the association to the requesting member.
3    (g) Notwithstanding the provisions of subsection (e) of
4this Section, unless otherwise directed by court order, an
5association need not make the following records available for
6inspection, examination, or copying by its members:
7        (1) documents relating to appointment, employment,
8    discipline, or dismissal of association employees;
9        (2) documents relating to actions pending against or on
10    behalf of the association or its board of managers in a
11    court or administrative tribunal;
12        (3) documents relating to actions threatened against,
13    or likely to be asserted on behalf of, the association or
14    its board of managers in a court or administrative
15    tribunal;
16        (4) documents relating to common expenses or other
17    charges owed by a member other than the requesting member;
18    and
19        (5) documents provided to an association in connection
20    with the lease, sale, or other transfer of a unit by a
21    member other than the requesting member.
22    (h) The provisions of this Section are applicable to all
23condominium instruments recorded under this Act. Any portion of
24a condominium instrument that contains provisions contrary to
25these provisions shall be void as against public policy and
26ineffective. Any condominium instrument that fails to contain

 

 

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1the provisions required by this Section shall be deemed to
2incorporate the provisions by operation of law.
3(Source: P.A. 100-292, eff. 1-1-18; revised 10-6-17.)
 
4    (765 ILCS 605/27)  (from Ch. 30, par. 327)
5    Sec. 27. Amendments.
6    (a) If there is any unit owner other than the developer,
7and unless otherwise provided in this Act, the condominium
8instruments shall be amended only as follows:
9        (i) upon the affirmative vote of 2/3 of those voting or
10    upon the majority specified by the condominium
11    instruments, provided that in no event shall the
12    condominium instruments require more than a three-quarters
13    vote of all unit owners; and
14        (ii) with the approval of, or notice to, any mortgagees
15    or other lienholders of record, if required under the
16    provisions of the condominium instruments. If the
17    condominium instruments require approval of any mortgagee
18    or lienholder of record and the mortgagee or lienholder of
19    record receives a request to approve or consent to the
20    amendment to the condominium instruments, the mortgagee or
21    lienholder of record is deemed to have approved or
22    consented to the request unless the mortgagee or lienholder
23    of record delivers a negative response to the requesting
24    party within 60 days after the mailing of the request. A
25    request to approve or consent to an amendment to the

 

 

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1    condominium instruments that is required to be sent to a
2    mortgagee or lienholder of record shall be sent by
3    certified mail.
4    (b)(1) If there is an omission, error, or inconsistency in
5a condominium instrument, such that a provision of a
6condominium instrument does not conform to this Act or to
7another applicable statute, the association may correct the
8omission, error, or inconsistency to conform the condominium
9instrument to this Act or to another applicable statute by an
10amendment adopted by vote of two-thirds of the Board of
11Managers, without a unit owner vote. A provision in a
12condominium instrument requiring or allowing unit owners,
13mortgagees, or other lienholders of record to vote to approve
14an amendment to a condominium instrument, or for the mortgagees
15or other lienholders of record to be given notice of an
16amendment to a condominium instrument, is not applicable to an
17amendment to the extent that the amendment corrects an
18omission, error, or inconsistency to conform the condominium
19instrument to this Act or to another applicable statute.
20    (2) If through a scrivener's error, a unit has not been
21designated as owning an appropriate undivided share of the
22common elements or does not bear an appropriate share of the
23common expenses or that all the common expenses or all of the
24common elements in the condominium have not been distributed in
25the declaration, so that the sum total of the shares of common
26elements which have been distributed or the sum total of the

 

 

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1shares of the common expenses fail to equal 100%, or if it
2appears that more than 100% of the common elements or common
3expenses have been distributed, the error may be corrected by
4operation of law by filing an amendment to the declaration
5approved by vote of two-thirds of the members of the Board of
6Managers or a majority vote of the unit owners at a meeting
7called for this purpose which proportionately adjusts all
8percentage interests so that the total is equal to 100% unless
9the condominium instruments specifically provide for a
10different procedure or different percentage vote by the owners
11of the units and the owners of mortgages thereon affected by
12modification being made in the undivided interest in the common
13elements, the number of votes in the unit owners association or
14the liability for common expenses appertaining to the unit.
15    (3) If an omission or error or a scrivener's error in the
16declaration, bylaws or other condominium instrument is
17corrected by vote of two-thirds of the members of the Board of
18Managers pursuant to the authority established in paragraph
19paragraphs (1) or (2) of this subsection (b) this, the Board
20upon written petition by unit owners with 20 percent of the
21votes of the association filed within 30 days of the Board
22action shall call a meeting of the unit owners within 30 days
23of the filing of the petition to consider the Board action.
24Unless a majority of the votes of the unit owners of the
25association are cast at the meeting to reject the action, it is
26ratified whether or not a quorum is present.

 

 

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1    (4) The procedures for amendments set forth in this
2subsection (b) cannot be used if such an amendment would
3materially or adversely affect property rights of the unit
4owners unless the affected unit owners consent in writing. This
5Section does not restrict the powers of the association to
6otherwise amend the declaration, bylaws, or other condominium
7instruments, but authorizes a simple process of amendment
8requiring a lesser vote for the purpose of correcting defects,
9errors, or omissions when the property rights of the unit
10owners are not materially or adversely affected.
11    (5) If there is an omission or error in the declaration,
12bylaws, or other condominium instruments, which may not be
13corrected by an amendment procedure set forth in paragraphs (1)
14and (2) of this subsection (b) in the declaration then the
15Circuit Court in the County in which the condominium is located
16shall have jurisdiction to hear a petition of one or more of
17the unit owners thereon or of the association, to correct the
18error or omission, and the action may be a class action. The
19court may require that one or more methods of correcting the
20error or omission be submitted to the unit owners to determine
21the most acceptable correction. All unit owners in the
22association must be joined as parties to the action. Service of
23process on owners may be by publication, but the plaintiff
24shall furnish all unit owners not personally served with
25process with copies of the petition and final judgment of the
26court by certified mail return receipt requested, at their last

 

 

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1known address.
2    (6) Nothing contained in this Section shall be construed to
3invalidate any provision of a condominium instrument
4authorizing the developer to amend a condominium instrument
5prior to the latest date on which the initial membership
6meeting of the unit owners must be held, whether or not it has
7actually been held, to bring the instrument into compliance
8with the legal requirements of the Federal National Mortgage
9Association, the Federal Home Loan Mortgage Corporation, the
10Federal Housing Administration, the United States Veterans
11Administration or their respective successors and assigns.
12(Source: P.A. 99-472, eff. 6-1-16; 100-201, eff. 8-18-17;
13100-292, eff. 1-1-18; revised 10-6-17.)
 
14    Section 645. The Illinois Human Rights Act is amended by
15changing Section 5-101 as follows:
 
16    (775 ILCS 5/5-101)  (from Ch. 68, par. 5-101)
17    Sec. 5-101. Definitions. ) The following definitions are
18applicable strictly in the context of this Article:
19    (A) Place of Public Accommodation. "Place of public
20accommodation" includes, but is not limited to:
21        (1) an inn, hotel, motel, or other place of lodging,
22    except for an establishment located within a building that
23    contains not more than 5 units for rent or hire and that is
24    actually occupied by the proprietor of such establishment

 

 

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1    as the residence of such proprietor;
2        (2) a restaurant, bar, or other establishment serving
3    food or drink;
4        (3) a motion picture house, theater, concert hall,
5    stadium, or other place of exhibition or entertainment;
6        (4) an auditorium, convention center, lecture hall, or
7    other place of public gathering;
8        (5) a bakery, grocery store, clothing store, hardware
9    store, shopping center, or other sales or rental
10    establishment;
11        (6) a laundromat, dry-cleaner, bank, barber shop,
12    beauty shop, travel service, shoe repair service, funeral
13    parlor, gas station, office of an accountant or lawyer,
14    pharmacy, insurance office, professional office of a
15    health care provider, hospital, or other service
16    establishment;
17        (7) public conveyances on air, water, or land;
18        (8) a terminal, depot, or other station used for
19    specified public transportation;
20        (9) a museum, library, gallery, or other place of
21    public display or collection;
22        (10) a park, zoo, amusement park, or other place of
23    recreation;
24        (11) a non-sectarian nursery, day care center,
25    elementary, secondary, undergraduate, or postgraduate
26    school, or other place of education;

 

 

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1        (12) a senior citizen center, homeless shelter, food
2    bank, non-sectarian adoption agency, or other social
3    service center establishment; and
4        (13) a gymnasium, health spa, bowling alley, golf
5    course, or other place of exercise or recreation.
6    (B) Operator. "Operator" means any owner, lessee,
7proprietor, manager, superintendent, agent, or occupant of a
8place of public accommodation or an employee of any such person
9or persons.
10    (C) Public Official. "Public official" means any officer or
11employee of the state or any agency thereof, including state
12political subdivisions, municipal corporations, park
13districts, forest preserve districts, educational
14institutions, and schools.
15(Source: P.A. 95-668, eff. 10-10-07; 96-814, eff. 1-1-10;
16revised 10-6-17.)
 
17    Section 650. The Business Corporation Act of 1983 is
18amended by changing Sections 14.05 and 15.85 as follows:
 
19    (805 ILCS 5/14.05)  (from Ch. 32, par. 14.05)
20    Sec. 14.05. Annual report of domestic or foreign
21corporation. Each domestic corporation organized under any
22general law or special act of this State authorizing the
23corporation to issue shares, other than homestead
24associations, building and loan associations, banks and

 

 

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1insurance companies (which includes a syndicate or limited
2syndicate regulated under Article V 1/2 of the Illinois
3Insurance Code or member of a group of underwriters regulated
4under Article V of that Code), and each foreign corporation
5(except members of a group of underwriters regulated under
6Article V of the Illinois Insurance Code) authorized to
7transact business in this State, shall file, within the time
8prescribed by this Act, an annual report setting forth:
9        (a) The name of the corporation.
10        (b) The address, including street and number, or rural
11    route number, of its registered office in this State, and
12    the name of its registered agent at that address.
13        (c) The address, including street and number, or rural
14    route number, of its principal office.
15        (d) The names and respective addresses, including
16    street and number, or rural route number, of its directors
17    and officers.
18        (e) A statement of the aggregate number of shares which
19    the corporation has authority to issue, itemized by classes
20    and series, if any, within a class.
21        (f) A statement of the aggregate number of issued
22    shares, itemized by classes, and series, if any, within a
23    class.
24        (g) A statement, expressed in dollars, of the amount of
25    paid-in capital of the corporation as defined in this Act.
26        (h) Either a statement that (1) all the property of the

 

 

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1    corporation is located in this State and all of its
2    business is transacted at or from places of business in
3    this State, or the corporation elects to pay the annual
4    franchise tax on the basis of its entire paid-in capital,
5    or (2) a statement, expressed in dollars, of the value of
6    all the property owned by the corporation, wherever
7    located, and the value of the property located within this
8    State, and a statement, expressed in dollars, of the gross
9    amount of business transacted by the corporation and the
10    gross amount thereof transacted by the corporation at or
11    from places of business in this State as of the close of
12    its fiscal year on or immediately preceding the last day of
13    the third month prior to the anniversary month or in the
14    case of a corporation which has established an extended
15    filing month, as of the close of its fiscal year on or
16    immediately preceding the last day of the third month prior
17    to the extended filing month; however, in the case of a
18    domestic corporation that has not completed its first
19    fiscal year, the statement with respect to property owned
20    shall be as of the last day of the third month preceding
21    the anniversary month and the statement with respect to
22    business transacted shall be furnished for the period
23    between the date of incorporation and the last day of the
24    third month preceding the anniversary month. In the case of
25    a foreign corporation that has not been authorized to
26    transact business in this State for a period of 12 months

 

 

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1    and has not commenced transacting business prior to
2    obtaining authority, the statement with respect to
3    property owned shall be as of the last day of the third
4    month preceding the anniversary month and the statement
5    with respect to business transacted shall be furnished for
6    the period between the date of its authorization to
7    transact business in this State and the last day of the
8    third month preceding the anniversary month. If the data
9    referenced in item (2) of this subsection is not completed,
10    the franchise tax provided for in this Act shall be
11    computed on the basis of the entire paid-in capital.
12        (i) A statement, including the basis therefor, of
13    status as a "minority-owned business" or as a "women-owned
14    business" as those terms are defined in the Business
15    Enterprise for Minorities, Women, and Persons with
16    Disabilities Act.
17        (j) Additional information as may be necessary or
18    appropriate in order to enable the Secretary of State to
19    administer this Act and to verify the proper amount of fees
20    and franchise taxes payable by the corporation.
21    The annual report shall be made on forms prescribed and
22furnished by the Secretary of State, and the information
23therein required by paragraphs (a) through (d), both inclusive,
24of this Section, shall be given as of the date of the execution
25of the annual report and the information therein required by
26paragraphs (e), (f), and (g) of this Section shall be given as

 

 

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1of the last day of the third month preceding the anniversary
2month, except that the information required by paragraphs (e),
3(f), and (g) shall, in the case of a corporation which has
4established an extended filing month, be given in its final
5transition annual report and each subsequent annual report as
6of the close of its fiscal year on or immediately preceding the
7last day of the third month prior to its extended filing month.
8It shall be executed by the corporation by its president, a
9vice-president, secretary, assistant secretary, treasurer or
10other officer duly authorized by the board of directors of the
11corporation to execute those reports, and verified by him or
12her, or, if the corporation is in the hands of a receiver or
13trustee, it shall be executed on behalf of the corporation and
14verified by the receiver or trustee.
15(Source: P.A. 100-391, eff. 8-25-17; 100-486, eff. 1-1-18;
16revised 10-6-17.)
 
17    (805 ILCS 5/15.85)  (from Ch. 32, par. 15.85)
18    Sec. 15.85. Effect of nonpayment of fees or taxes.
19    (a) The Secretary of State shall not file any articles,
20statements, certificates, reports, applications, notices, or
21other papers relating to any corporation, domestic or foreign,
22organized under or subject to the provisions of this Act until
23all fees, franchise taxes, and charges provided to be paid in
24connection therewith shall have been paid to him or her, or
25while the corporation is in default in the payment of any fees,

 

 

HB5447 Enrolled- 2268 -LRB100 16294 AMC 31417 b

1franchise taxes, charges, penalties, or interest herein
2provided to be paid by or assessed against it, or when the
3Illinois Department of Revenue has given notice that the
4corporation is in default in the filing of a return or the
5payment of any final assessment of tax, penalty or interest as
6required by any tax Act administered by the Department.
7    (b) The Secretary of State shall not file, with respect to
8any domestic or foreign corporation, any document required or
9permitted to be filed by this Act, which has an effective date
10other than the date of filing until there has been paid by such
11corporation to the Secretary of State all fees, taxes and
12charges due and payable on or before said effective date.
13    (c) No corporation required to pay a franchise tax, license
14fee, penalty, or interest under this Act shall maintain any
15civil action until all such franchise taxes, license fees,
16penalties, and interest have been paid in full.
17    (d) The Secretary of State shall, from information received
18from the Illinois Commerce Commission, compile and keep a list
19of all domestic and foreign corporations which are regulated
20pursuant to the provisions of the Public Utilities Act "An Act
21concerning public utilities", approved June 29, 1921, and
22Chapter 18 of the "The Illinois Vehicle Code", approved
23September 29, 1969, and which hold, as a prerequisite for doing
24business in this State, any franchise, license, permit, or
25right to engage in any business regulated by such Acts.
26    (e) Within 10 days after any such corporation fails to pay

 

 

HB5447 Enrolled- 2269 -LRB100 16294 AMC 31417 b

1a franchise tax, license fee, penalty, or interest required
2under this Act, the Secretary shall, by written notice, so
3advise the Secretary of the Illinois Commerce Commission.
4(Source: P.A. 91-464, eff. 1-1-00; revised 10-5-17.)
 
5    Section 660. The Uniform Partnership Act (1997) is amended
6by changing Section 108 as follows:
 
7    (805 ILCS 206/108)
8    (Text of Section before amendment by P.A. 100-186)
9    Sec. 108. Fees.
10    (a) The Secretary of State shall charge and collect in
11accordance with the provisions of this Act and rules
12promulgated under its authority:
13        (1) fees for filing documents;
14        (2) miscellaneous charges; and
15        (3) fees for the sale of lists of filings and for
16    copies of any documents.
17    (b) The Secretary of State shall charge and collect:
18        (1) for furnishing a copy or certified copy of any
19    document, instrument, or paper relating to a registered
20    limited liability partnership, $25;
21        (2) for the transfer of information by computer process
22    media to any purchaser, fees established by rule;
23        (3) for filing a statement of partnership authority,
24    $25;

 

 

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1        (4) for filing a statement of denial, $25;
2        (5) for filing a statement of dissociation, $25;
3        (6) for filing a statement of dissolution, $100;
4        (7) for filing a statement of merger, $100;
5        (8) for filing a statement of qualification for a
6    limited liability partnership organized under the laws of
7    this State, $100 for each partner, but in no event shall
8    the fee be less than $200 or exceed $5,000;
9        (9) for filing a statement of foreign qualification,
10    $500;
11        (10) for filing a renewal statement for a limited
12    liability partnership organized under the laws of this
13    State, $100 for each partner, but in no event shall the fee
14    be less than $200 or exceed $5,000;
15        (11) for filing a renewal statement for a foreign
16    limited liability partnership, $300;
17        (12) for filing an amendment or cancellation of a
18    statement, $25;
19        (13) for filing a statement of withdrawal, $100;
20        (14) for the purposes of changing the registered agent
21    name or registered office, or both, $25;
22        (15) for filing an application for reinstatement,
23    $200;
24        (16) for filing any other document, $25.
25    (c) All fees collected pursuant to this Act shall be
26deposited into the Division of Corporations Registered Limited

 

 

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1Liability Partnership Fund.
2    (d) There is hereby continued in the State treasury a
3special fund to be known as the Division of Corporations
4Registered Limited Liability Partnership Fund. Moneys
5deposited into the Fund shall, subject to appropriation, be
6used by the Business Services Division of the Office of the
7Secretary of State to administer the responsibilities of the
8Secretary of State under this Act. On or before August 31 of
9each year, the balance in the Fund in excess of $600,000 shall
10be transferred to the General Revenue Fund.
11(Source: P.A. 99-620, eff. 1-1-17; 99-933, eff. 1-27-17;
12100-486, eff. 1-1-18.)
 
13    (Text of Section after amendment by P.A. 100-186)
14    Sec. 108. Fees.
15    (a) The Secretary of State shall charge and collect in
16accordance with the provisions of this Act and rules
17promulgated under its authority:
18        (1) fees for filing documents;
19        (2) miscellaneous charges; and
20        (3) fees for the sale of lists of filings and for
21    copies of any documents.
22    (b) The Secretary of State shall charge and collect:
23        (1) for furnishing a copy or certified copy of any
24    document, instrument, or paper relating to a registered
25    limited liability partnership, $25;

 

 

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1        (2) for the transfer of information by computer process
2    media to any purchaser, fees established by rule;
3        (3) for filing a statement of partnership authority,
4    $25;
5        (4) for filing a statement of denial, $25;
6        (5) for filing a statement of dissociation, $25;
7        (6) for filing a statement of dissolution, $100;
8        (7) for filing a statement of merger, $100;
9        (8) for filing a statement of qualification for a
10    limited liability partnership organized under the laws of
11    this State, $100 for each partner, but in no event shall
12    the fee be less than $200 or exceed $5,000;
13        (9) for filing a statement of foreign qualification,
14    $500;
15        (10) for filing a renewal statement for a limited
16    liability partnership organized under the laws of this
17    State, $100 for each partner, but in no event shall the fee
18    be less than $200 or exceed $5,000;
19        (11) for filing a renewal statement for a foreign
20    limited liability partnership, $300;
21        (12) for filing an amendment or cancellation of a
22    statement, $25;
23        (13) for filing a statement of withdrawal, $100;
24        (14) for the purposes of changing the registered agent
25    name or registered office, or both, $25;
26        (15) for filing an application for reinstatement,

 

 

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1    $200;
2        (16) for filing any other document, $25.
3    (c) All fees collected pursuant to this Act shall be
4deposited into the Division of Corporations Registered Limited
5Liability Partnership Fund.
6    (d) There is hereby continued in the State treasury a
7special fund to be known as the Division of Corporations
8Registered Limited Liability Partnership Fund. Moneys
9deposited into the Fund shall, subject to appropriation, be
10used by the Business Services Division of the Office of the
11Secretary of State to administer the responsibilities of the
12Secretary of State under this Act. On or before August 31 of
13each year, the balance in the Fund in excess of $600,000 shall
14be transferred to the General Revenue Fund.
15    (e) Filings, including annual reports, made by electronic
16means shall be treated as if submitted in person and may not be
17charged excess fees as expedited services solely because of
18submission by electronic means.
19(Source: P.A. 99-620, eff. 1-1-17; 99-933, eff. 1-27-17;
20100-186, eff. 7-1-18; 100-486, eff. 1-1-18; revised 10-12-17.)
 
21    Section 665. The Illinois Pre-Need Cemetery Sales Act is
22amended by changing Section 17 as follows:
 
23    (815 ILCS 390/17)  (from Ch. 21, par. 217)
24    Sec. 17. (a) The principal and undistributed income of the

 

 

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1trust created pursuant to Section 15 of this Act shall be paid
2to the seller if:
3        (1) the seller certifies by sworn affidavit to the
4    trustee that the purchaser or the beneficiary named in the
5    pre-need contract has deceased and that seller has fully
6    delivered or installed all items included in the pre-need
7    contract and fully performed all pre-need cemetery
8    services he is required to perform under the pre-need
9    contract; or
10        (2) the seller certifies by sworn affidavit to the
11    trustee that seller has made full delivery, as defined
12    herein.
13(Source: P.A. 84-239; revised 11-8-17.)
 
14    Section 670. The Retail Installment Sales Act is amended by
15changing Section 3 as follows:
 
16    (815 ILCS 405/3)  (from Ch. 121 1/2, par. 503)
17    Sec. 3. (a) Every retail installment contract must be in
18writing, dated, signed by both the buyer and the seller, and,
19except as otherwise provided in this Act, completed as to all
20essential provisions, before it is signed by the buyer.
21    (b) The printed or typed portion of the contract, other
22than instructions for completion, must be in size equal to at
23least 8-point 8 point type.
24    (c) The contract must contain printed or written in a size

 

 

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1equal to at least 10-point 10 point bold type:
2        (1) Both at the top of the contract and directly above
3    the space reserved for the signature of the buyer, the
4    words "RETAIL INSTALLMENT CONTRACT";
5        (2) A notice as follows:
6
"Notice to the buyer.
7        1. Do not sign this agreement before you read it or if
8    it contains any blank spaces.
9        2. You are entitled to an exact copy of the agreement
10    you sign.
11        3. Under the law you have the right, among others, to
12    pay in advance the full amount due and to obtain under
13    certain conditions a partial refund of the finance
14    charge.".
15(Source: P.A. 76-1780; revised 10-10-17.)
 
16    Section 675. The Consumer Fraud and Deceptive Business
17Practices Act is amended by changing Sections 2L, 2Z, and 2AA
18and by setting forth and renumbering multiple versions of
19Section 2TTT as follows:
 
20    (815 ILCS 505/2L)
21    (Text of Section before amendment by P.A. 100-512)
22    Sec. 2L. Used motor vehicles; modification or disclaimer of
23implied warranty of merchantability limited.
24    (a) Any retail sale of a used motor vehicle made after July

 

 

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11, 2017 (the effective date of Public Act 99-768) this
2amendatory Act of the 99th General Assembly to a consumer by a
3licensed vehicle dealer within the meaning of Chapter 5 of the
4Illinois Vehicle Code or by an auction company at an auction
5that is open to the general public is made subject to this
6Section.
7    (b) This Section does not apply to any of the following:
8        (1) a vehicle with more than 150,000 miles at the time
9    of sale;
10        (2) a vehicle with a title that has been branded
11    "rebuilt" or "flood";
12        (3) a vehicle with a gross vehicle weight rating of
13    8,000 pounds or more; or
14        (4) a vehicle that is an antique vehicle, as defined in
15    the Illinois Vehicle Code, or that is a collector motor
16    vehicle.
17    (b-5) This Section does not apply to the sale of any
18vehicle for which the dealer offers an express warranty that
19provides coverage that is equal to or greater than the limited
20implied warranty of merchantability required under this
21Section 2L.
22    (c) Except as otherwise provided in this Section 2L, any
23sale of a used motor vehicle as described in subsection (a) may
24not exclude, modify, or disclaim the implied warranty of
25merchantability created under this Section 2L or limit the
26remedies for a breach of the warranty hereunder before midnight

 

 

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1of the 15th calendar day after delivery of a used motor vehicle
2or until a used motor vehicle is driven 500 miles after
3delivery, whichever is earlier. In calculating time under this
4Section, a day on which the warranty is breached and all
5subsequent days in which the used motor vehicle fails to
6conform with the implied warranty of merchantability are
7excluded. In calculating distance under this Section, the miles
8driven to obtain or in connection with the repair, servicing,
9or testing of a used motor vehicle that fails to conform with
10the implied warranty of merchantability are excluded. An
11attempt to exclude, modify, or disclaim the implied warranty of
12merchantability or to limit the remedies for a breach of the
13warranty in violation of this Section renders a purchase
14agreement voidable at the option of the purchaser.
15    (d) An implied warranty of merchantability is met if a used
16motor vehicle functions for the purpose of ordinary
17transportation on the public highway and substantially free of
18a defect in a power train component. As used in this Section,
19"power train component" means the engine block, head, all
20internal engine parts, oil pan and gaskets, water pump, intake
21manifold, transmission, and all internal transmission parts,
22torque converter, drive shaft, universal joints, rear axle and
23all rear axle internal parts, and rear wheel bearings.
24    (e) The implied warranty of merchantability expires at
25midnight of the 15th calendar day after delivery of a used
26motor vehicle or when a used motor vehicle is driven 500 miles

 

 

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1after delivery, whichever is earlier. In calculating time, a
2day on which the implied warranty of merchantability is
3breached is excluded and all subsequent days in which the used
4motor vehicle fails to conform with the warranty are also
5excluded. In calculating distance, the miles driven to or by
6the seller to obtain or in connection with the repair,
7servicing, or testing of a used motor vehicle that fails to
8conform with the implied warranty of merchantability are
9excluded. An implied warranty of merchantability does not
10extend to damage that occurs after the sale of the used motor
11vehicle that results from:
12        (1) off-road use;
13        (2) racing;
14        (3) towing;
15        (4) abuse;
16        (5) misuse;
17        (6) neglect;
18        (7) failure to perform regular maintenance; and
19        (8) failure to maintain adequate oil, coolant, and
20    other required fluids or lubricants.
21    (f) If the implied warranty of merchantability described in
22this Section is breached, the consumer shall give reasonable
23notice to the seller no later than 2 business days after the
24end of the statutory warranty period. Before the consumer
25exercises another remedy pursuant to Article 2 of the Uniform
26Commercial Code, the seller shall have a reasonable opportunity

 

 

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1to repair the used motor vehicle. The consumer shall pay
2one-half of the cost of the first 2 repairs necessary to bring
3the used motor vehicle into compliance with the warranty. The
4payments by the consumer are limited to a maximum payment of
5$100 for each repair; however, the consumer shall only be
6responsible for a maximum payment of $100 if the consumer
7brings in the vehicle for a second repair for the same defect.
8Reasonable notice as defined in this Section shall include, but
9not be limited to:
10        (1) text, provided the seller has provided the consumer
11    with a cell phone number;
12        (2) phone call or message to the seller's business
13    phone number provided on the seller's bill of sale for the
14    purchase of the motor vehicle;
15        (3) in writing to the seller's address provided on the
16    seller's bill of sale for the purchase of the motor
17    vehicle;
18        (4) in person at the seller's address provided on the
19    seller's bill of sale for the purchase of the motor
20    vehicle.
21    (g) The maximum liability of a seller for repairs pursuant
22to this Section is limited to the purchase price paid for the
23used motor vehicle, to be refunded to the consumer or lender,
24as applicable, in exchange for return of the vehicle.
25    (h) An agreement for the sale of a used motor vehicle
26subject to this Section is voidable at the option of the

 

 

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1consumer, unless it contains on its face or in a separate
2document the following conspicuous statement printed in
3boldface 10-point or larger type set off from the body of the
4agreement:
5    "Illinois law requires that this vehicle will be free of a
6defect in a power train component for 15 days or 500 miles
7after delivery, whichever is earlier, except with regard to
8particular defects disclosed on the first page of this
9agreement. "Power train component" means the engine block,
10head, all internal engine parts, oil pan and gaskets, water
11pump, intake manifold, transmission, and all internal
12transmission parts, torque converter, drive shaft, universal
13joints, rear axle and all rear axle internal parts, and rear
14wheel bearings. You (the consumer) will have to pay up to $100
15for each of the first 2 repairs if the warranty is violated.".
16    (i) The inclusion in the agreement of the statement
17prescribed in subsection (h) of this Section does not create an
18express warranty.
19    (j) A consumer of a used motor vehicle may waive the
20implied warranty of merchantability only for a particular
21defect in the vehicle, including, but not limited to, a rebuilt
22or flood-branded title and only if all of the following
23conditions are satisfied:
24        (1) the seller subject to this Section fully and
25    accurately discloses to the consumer that because of
26    circumstances unusual to the business, the used motor

 

 

HB5447 Enrolled- 2281 -LRB100 16294 AMC 31417 b

1    vehicle has a particular defect;
2        (2) the consumer agrees to buy the used motor vehicle
3    after disclosure of the defect; and
4        (3) before the sale, the consumer indicates agreement
5    to the waiver by signing and dating the following
6    conspicuous statement that is printed on the first page of
7    the sales agreement or on a separate document in boldface
8    10-point or larger type and that is written in the language
9    in which the presentation was made:
10        "Attention consumer: sign here only if the seller has
11    told you that this vehicle has the following problem or
12    problems and you agree to buy the vehicle on those terms:
13    1. ......................................................
14    2. ..................................................
15    3. ...................................................".
16    (k) It shall be an affirmative defense to any claim under
17this Section that:
18        (1) an alleged nonconformity does not substantially
19    impair the use and market value of the motor vehicle;
20        (2) a nonconformity is the result of abuse, neglect, or
21    unauthorized modifications or alterations of the motor
22    vehicle;
23        (3) a claim by a consumer was not filed in good faith;
24    or
25        (4) any other affirmative defense allowed by law.
26    (l) Other than the 15-day, 500-mile implied warranty of

 

 

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1merchantability identified herein, a seller subject to this
2Section is not required to provide any further express or
3implied warranties to a purchasing consumer unless:
4        (1) the seller is required by federal or State law to
5    provide a further express or implied warranty; or
6        (2) the seller fails to fully inform and disclose to
7    the consumer that the vehicle is being sold without any
8    further express or implied warranties, other than the 15
9    day, 500 mile implied warranty of merchantability
10    identified in this Section.
11    (m) Any person who violates this Section commits an
12unlawful practice within the meaning of this Act.
13(Source: P.A. 99-768, eff. 7-1-17; 100-4, eff. 7-1-17; revised
1410-12-17.)
 
15    (Text of Section after amendment by P.A. 100-512)
16    Sec. 2L. Used motor vehicles; modification or disclaimer of
17implied warranty of merchantability limited.
18    (a) Any retail sale of a used motor vehicle made after July
191, 2017 (the effective date of Public Act 99-768) this
20amendatory Act of the 99th General Assembly to a consumer by a
21licensed vehicle dealer within the meaning of Chapter 5 of the
22Illinois Vehicle Code or by an auction company at an auction
23that is open to the general public is made subject to this
24Section.
25    (b) This Section does not apply to any of the following:

 

 

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1        (1) a vehicle with more than 150,000 miles at the time
2    of sale;
3        (2) a vehicle with a title that has been branded
4    "rebuilt" or "flood";
5        (3) a vehicle with a gross vehicle weight rating of
6    8,000 pounds or more; or
7        (4) a vehicle that is an antique vehicle, as defined in
8    the Illinois Vehicle Code, or that is a collector motor
9    vehicle.
10    (b-5) This Section does not apply to the sale of any
11vehicle for which the dealer offers an express warranty that
12provides coverage that is equal to or greater than the limited
13implied warranty of merchantability required under this
14Section 2L.
15    (b-6) (b-5) This Section does not apply to forfeited
16vehicles sold at auction by or on behalf of the Department of
17State Police.
18    (c) Except as otherwise provided in this Section 2L, any
19sale of a used motor vehicle as described in subsection (a) may
20not exclude, modify, or disclaim the implied warranty of
21merchantability created under this Section 2L or limit the
22remedies for a breach of the warranty hereunder before midnight
23of the 15th calendar day after delivery of a used motor vehicle
24or until a used motor vehicle is driven 500 miles after
25delivery, whichever is earlier. In calculating time under this
26Section, a day on which the warranty is breached and all

 

 

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1subsequent days in which the used motor vehicle fails to
2conform with the implied warranty of merchantability are
3excluded. In calculating distance under this Section, the miles
4driven to obtain or in connection with the repair, servicing,
5or testing of a used motor vehicle that fails to conform with
6the implied warranty of merchantability are excluded. An
7attempt to exclude, modify, or disclaim the implied warranty of
8merchantability or to limit the remedies for a breach of the
9warranty in violation of this Section renders a purchase
10agreement voidable at the option of the purchaser.
11    (d) An implied warranty of merchantability is met if a used
12motor vehicle functions for the purpose of ordinary
13transportation on the public highway and substantially free of
14a defect in a power train component. As used in this Section,
15"power train component" means the engine block, head, all
16internal engine parts, oil pan and gaskets, water pump, intake
17manifold, transmission, and all internal transmission parts,
18torque converter, drive shaft, universal joints, rear axle and
19all rear axle internal parts, and rear wheel bearings.
20    (e) The implied warranty of merchantability expires at
21midnight of the 15th calendar day after delivery of a used
22motor vehicle or when a used motor vehicle is driven 500 miles
23after delivery, whichever is earlier. In calculating time, a
24day on which the implied warranty of merchantability is
25breached is excluded and all subsequent days in which the used
26motor vehicle fails to conform with the warranty are also

 

 

HB5447 Enrolled- 2285 -LRB100 16294 AMC 31417 b

1excluded. In calculating distance, the miles driven to or by
2the seller to obtain or in connection with the repair,
3servicing, or testing of a used motor vehicle that fails to
4conform with the implied warranty of merchantability are
5excluded. An implied warranty of merchantability does not
6extend to damage that occurs after the sale of the used motor
7vehicle that results from:
8        (1) off-road use;
9        (2) racing;
10        (3) towing;
11        (4) abuse;
12        (5) misuse;
13        (6) neglect;
14        (7) failure to perform regular maintenance; and
15        (8) failure to maintain adequate oil, coolant, and
16    other required fluids or lubricants.
17    (f) If the implied warranty of merchantability described in
18this Section is breached, the consumer shall give reasonable
19notice to the seller no later than 2 business days after the
20end of the statutory warranty period. Before the consumer
21exercises another remedy pursuant to Article 2 of the Uniform
22Commercial Code, the seller shall have a reasonable opportunity
23to repair the used motor vehicle. The consumer shall pay
24one-half of the cost of the first 2 repairs necessary to bring
25the used motor vehicle into compliance with the warranty. The
26payments by the consumer are limited to a maximum payment of

 

 

HB5447 Enrolled- 2286 -LRB100 16294 AMC 31417 b

1$100 for each repair; however, the consumer shall only be
2responsible for a maximum payment of $100 if the consumer
3brings in the vehicle for a second repair for the same defect.
4Reasonable notice as defined in this Section shall include, but
5not be limited to:
6        (1) text, provided the seller has provided the consumer
7    with a cell phone number;
8        (2) phone call or message to the seller's business
9    phone number provided on the seller's bill of sale for the
10    purchase of the motor vehicle;
11        (3) in writing to the seller's address provided on the
12    seller's bill of sale for the purchase of the motor
13    vehicle;
14        (4) in person at the seller's address provided on the
15    seller's bill of sale for the purchase of the motor
16    vehicle.
17    (g) The maximum liability of a seller for repairs pursuant
18to this Section is limited to the purchase price paid for the
19used motor vehicle, to be refunded to the consumer or lender,
20as applicable, in exchange for return of the vehicle.
21    (h) An agreement for the sale of a used motor vehicle
22subject to this Section is voidable at the option of the
23consumer, unless it contains on its face or in a separate
24document the following conspicuous statement printed in
25boldface 10-point or larger type set off from the body of the
26agreement:

 

 

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1    "Illinois law requires that this vehicle will be free of a
2defect in a power train component for 15 days or 500 miles
3after delivery, whichever is earlier, except with regard to
4particular defects disclosed on the first page of this
5agreement. "Power train component" means the engine block,
6head, all internal engine parts, oil pan and gaskets, water
7pump, intake manifold, transmission, and all internal
8transmission parts, torque converter, drive shaft, universal
9joints, rear axle and all rear axle internal parts, and rear
10wheel bearings. You (the consumer) will have to pay up to $100
11for each of the first 2 repairs if the warranty is violated.".
12    (i) The inclusion in the agreement of the statement
13prescribed in subsection (h) of this Section does not create an
14express warranty.
15    (j) A consumer of a used motor vehicle may waive the
16implied warranty of merchantability only for a particular
17defect in the vehicle, including, but not limited to, a rebuilt
18or flood-branded title and only if all of the following
19conditions are satisfied:
20        (1) the seller subject to this Section fully and
21    accurately discloses to the consumer that because of
22    circumstances unusual to the business, the used motor
23    vehicle has a particular defect;
24        (2) the consumer agrees to buy the used motor vehicle
25    after disclosure of the defect; and
26        (3) before the sale, the consumer indicates agreement

 

 

HB5447 Enrolled- 2288 -LRB100 16294 AMC 31417 b

1    to the waiver by signing and dating the following
2    conspicuous statement that is printed on the first page of
3    the sales agreement or on a separate document in boldface
4    10-point or larger type and that is written in the language
5    in which the presentation was made:
6        "Attention consumer: sign here only if the seller has
7    told you that this vehicle has the following problem or
8    problems and you agree to buy the vehicle on those terms:
9    1. ......................................................
10    2. ..................................................
11    3. ...................................................".
12    (k) It shall be an affirmative defense to any claim under
13this Section that:
14        (1) an alleged nonconformity does not substantially
15    impair the use and market value of the motor vehicle;
16        (2) a nonconformity is the result of abuse, neglect, or
17    unauthorized modifications or alterations of the motor
18    vehicle;
19        (3) a claim by a consumer was not filed in good faith;
20    or
21        (4) any other affirmative defense allowed by law.
22    (l) Other than the 15-day, 500-mile implied warranty of
23merchantability identified herein, a seller subject to this
24Section is not required to provide any further express or
25implied warranties to a purchasing consumer unless:
26        (1) the seller is required by federal or State law to

 

 

HB5447 Enrolled- 2289 -LRB100 16294 AMC 31417 b

1    provide a further express or implied warranty; or
2        (2) the seller fails to fully inform and disclose to
3    the consumer that the vehicle is being sold without any
4    further express or implied warranties, other than the 15
5    day, 500 mile implied warranty of merchantability
6    identified in this Section.
7    (m) Any person who violates this Section commits an
8unlawful practice within the meaning of this Act.
9(Source: P.A. 99-768, eff. 7-1-17; 100-4, eff. 7-1-17; 100-512,
10eff. 7-1-18; revised 10-12-17.)
 
11    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
12    Sec. 2Z. Violations of other Acts. Any person who knowingly
13violates the Automotive Repair Act, the Automotive Collision
14Repair Act, the Home Repair and Remodeling Act, the Dance
15Studio Act, the Physical Fitness Services Act, the Hearing
16Instrument Consumer Protection Act, the Illinois Union Label
17Act, the Installment Sales Contract Act, the Job Referral and
18Job Listing Services Consumer Protection Act, the Travel
19Promotion Consumer Protection Act, the Credit Services
20Organizations Act, the Automatic Telephone Dialers Act, the
21Pay-Per-Call Services Consumer Protection Act, the Telephone
22Solicitations Act, the Illinois Funeral or Burial Funds Act,
23the Cemetery Oversight Act, the Cemetery Care Act, the Safe and
24Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales Act, the
25High Risk Home Loan Act, the Payday Loan Reform Act, the

 

 

HB5447 Enrolled- 2290 -LRB100 16294 AMC 31417 b

1Mortgage Rescue Fraud Act, subsection (a) or (b) of Section
23-10 of the Cigarette Tax Act, subsection (a) or (b) of Section
33-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the
4Internet Caller Identification Act, paragraph (6) of
5subsection (k) of Section 6-305 of the Illinois Vehicle Code,
6Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150,
7or 18d-153 of the Illinois Vehicle Code, Article 3 of the
8Residential Real Property Disclosure Act, the Automatic
9Contract Renewal Act, the Reverse Mortgage Act, Section 25 of
10the Youth Mental Health Protection Act, the Personal
11Information Protection Act, or the Student Online Personal
12Protection Act commits an unlawful practice within the meaning
13of this Act.
14(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642,
15eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18;
16revised 10-6-17.)
 
17    (815 ILCS 505/2AA)
18    Sec. 2AA. Immigration services.
19    (a) "Immigration matter" means any proceeding, filing, or
20action affecting the nonimmigrant, immigrant or citizenship
21status of any person that arises under immigration and
22naturalization law, executive order or presidential
23proclamation of the United States or any foreign country, or
24that arises under action of the United States Citizenship and
25Immigration Services, the United States Department of Labor, or

 

 

HB5447 Enrolled- 2291 -LRB100 16294 AMC 31417 b

1the United States Department of State.
2    "Immigration assistance service" means any information or
3action provided or offered to customers or prospective
4customers related to immigration matters, excluding legal
5advice, recommending a specific course of legal action, or
6providing any other assistance that requires legal analysis,
7legal judgment, or interpretation of the law.
8    "Compensation" means money, property, services, promise of
9payment, or anything else of value.
10    "Employed by" means that a person is on the payroll of the
11employer and the employer deducts from the employee's paycheck
12social security and withholding taxes, or receives
13compensation from the employer on a commission basis or as an
14independent contractor.
15    "Reasonable costs" means actual costs or, if actual costs
16cannot be calculated, reasonably estimated costs of such things
17as photocopying, telephone calls, document requests, and
18filing fees for immigration forms, and other nominal costs
19incidental to assistance in an immigration matter.
20    (a-1) The General Assembly finds and declares that private
21individuals who assist persons with immigration matters have a
22significant impact on the ability of their clients to reside
23and work within the United States and to establish and maintain
24stable families and business relationships. The General
25Assembly further finds that that assistance and its impact also
26have a significant effect on the cultural, social, and economic

 

 

HB5447 Enrolled- 2292 -LRB100 16294 AMC 31417 b

1life of the State of Illinois and thereby substantially affect
2the public interest. It is the intent of the General Assembly
3to establish rules of practice and conduct for those
4individuals to promote honesty and fair dealing with residents
5and to preserve public confidence.
6    (a-5) The following persons are exempt from this Section,
7provided they prove the exemption by a preponderance of the
8evidence:
9        (1) An attorney licensed to practice law in any state
10    or territory of the United States, or of any foreign
11    country when authorized by the Illinois Supreme Court, to
12    the extent the attorney renders immigration assistance
13    service in the course of his or her practice as an
14    attorney.
15        (2) A legal intern, as described by the rules of the
16    Illinois Supreme Court, employed by and under the direct
17    supervision of a licensed attorney and rendering
18    immigration assistance service in the course of the
19    intern's employment.
20        (3) A not-for-profit organization recognized by the
21    Board of Immigration Appeals under 8 CFR C.F.R. 292.2(a)
22    and employees of those organizations accredited under 8 CFR
23    C.F.R. 292.2(d).
24        (4) Any organization employing or desiring to employ a
25    documented or undocumented immigrant or nonimmigrant
26    alien, where the organization, its employees or its agents

 

 

HB5447 Enrolled- 2293 -LRB100 16294 AMC 31417 b

1    provide advice or assistance in immigration matters to
2    documented or undocumented immigrant or nonimmigrant alien
3    employees or potential employees without compensation from
4    the individuals to whom such advice or assistance is
5    provided.
6    Nothing in this Section shall regulate any business to the
7extent that such regulation is prohibited or preempted by State
8or federal law.
9    All other persons providing or offering to provide
10immigration assistance service shall be subject to this
11Section.
12    (b) Any person who provides or offers to provide
13immigration assistance service may perform only the following
14services:
15        (1) Completing a government agency form, requested by
16    the customer and appropriate to the customer's needs, only
17    if the completion of that form does not involve a legal
18    judgment for that particular matter.
19        (2) Transcribing responses to a government agency form
20    which is related to an immigration matter, but not advising
21    a customer as to his or her answers on those forms.
22        (3) Translating information on forms to a customer and
23    translating the customer's answers to questions posed on
24    those forms.
25        (4) Securing for the customer supporting documents
26    currently in existence, such as birth and marriage

 

 

HB5447 Enrolled- 2294 -LRB100 16294 AMC 31417 b

1    certificates, which may be needed to be submitted with
2    government agency forms.
3        (5) Translating documents from a foreign language into
4    English.
5        (6) Notarizing signatures on government agency forms,
6    if the person performing the service is a notary public of
7    the State of Illinois.
8        (7) Making referrals, without fee, to attorneys who
9    could undertake legal representation for a person in an
10    immigration matter.
11        (8) Preparing or arranging for the preparation of
12    photographs and fingerprints.
13        (9) Arranging for the performance of medical testing
14    (including X-rays and AIDS tests) and the obtaining of
15    reports of such test results.
16        (10) Conducting English language and civics courses.
17        (11) Other services that the Attorney General
18    determines by rule may be appropriately performed by such
19    persons in light of the purposes of this Section.
20    Fees for a notary public, agency, or any other person who
21is not an attorney or an accredited representative filling out
22immigration forms shall be limited to the maximum fees set
23forth in subsections (a) and (b) of Section 3-104 of the
24Illinois Notary Public Act (5 ILCS 312/3-104). The maximum fee
25schedule set forth in subsections (a) and (b) of Section 3-104
26of the Illinois Notary Public Act shall apply to any person

 

 

HB5447 Enrolled- 2295 -LRB100 16294 AMC 31417 b

1that provides or offers to provide immigration assistance
2service performing the services described therein. The
3Attorney General may promulgate rules establishing maximum
4fees that may be charged for any services not described in that
5subsection. The maximum fees must be reasonable in light of the
6costs of providing those services and the degree of
7professional skill required to provide the services.
8    No person subject to this Act shall charge fees directly or
9indirectly for referring an individual to an attorney or for
10any immigration matter not authorized by this Article, provided
11that a person may charge a fee for notarizing documents as
12permitted by the Illinois Notary Public Act.
13    (c) Any person performing such services shall register with
14the Illinois Attorney General and submit verification of
15malpractice insurance or of a surety bond.
16    (d) Except as provided otherwise in this subsection, before
17providing any assistance in an immigration matter a person
18shall provide the customer with a written contract that
19includes the following:
20        (1) An explanation of the services to be performed.
21        (2) Identification of all compensation and costs to be
22    charged to the customer for the services to be performed.
23        (3) A statement that documents submitted in support of
24    an application for nonimmigrant, immigrant, or
25    naturalization status may not be retained by the person for
26    any purpose, including payment of compensation or costs.

 

 

HB5447 Enrolled- 2296 -LRB100 16294 AMC 31417 b

1    This subsection does not apply to a not-for-profit
2organization that provides advice or assistance in immigration
3matters to clients without charge beyond a reasonable fee to
4reimburse the organization's or clinic's reasonable costs
5relating to providing immigration services to that client.
6    (e) Any person who provides or offers immigration
7assistance service and is not exempted from this Section, shall
8post signs at his or her place of business, setting forth
9information in English and in every other language in which the
10person provides or offers to provide immigration assistance
11service. Each language shall be on a separate sign. Signs shall
12be posted in a location where the signs will be visible to
13customers. Each sign shall be at least 11 inches by 17 inches,
14and shall contain the following:
15        (1) The statement "I AM NOT AN ATTORNEY LICENSED TO
16    PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES
17    FOR LEGAL ADVICE.".
18        (2) The statement "I AM NOT ACCREDITED TO REPRESENT YOU
19    BEFORE THE UNITED STATES IMMIGRATION AND NATURALIZATION
20    SERVICE AND THE IMMIGRATION BOARD OF APPEALS.".
21        (3) The fee schedule.
22        (4) The statement that "You may cancel any contract
23    within 3 working days and get your money back for services
24    not performed.".
25        (5) Additional information the Attorney General may
26    require by rule.

 

 

HB5447 Enrolled- 2297 -LRB100 16294 AMC 31417 b

1    Every person engaged in immigration assistance service who
2is not an attorney who advertises immigration assistance
3service in a language other than English, whether by radio,
4television, signs, pamphlets, newspapers, or other written
5communication, with the exception of a single desk plaque,
6shall include in the document, advertisement, stationery,
7letterhead, business card, or other comparable written
8material the following notice in English and the language in
9which the written communication appears. This notice shall be
10of a conspicuous size, if in writing, and shall state: "I AM
11NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN ILLINOIS AND MAY
12NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.". If
13such advertisement is by radio or television, the statement may
14be modified but must include substantially the same message.
15    Any person who provides or offers immigration assistance
16service and is not exempted from this Section shall not, in any
17document, advertisement, stationery, letterhead, business
18card, or other comparable written material, literally
19translate from English into another language terms or titles
20including, but not limited to, notary public, notary, licensed,
21attorney, lawyer, or any other term that implies the person is
22an attorney. To illustrate, the words "notario" and "poder
23notarial" are prohibited under this provision.
24    If not subject to penalties under subsection (a) of Section
253-103 of the Illinois Notary Public Act (5 ILCS 312/3-103),
26violations of this subsection shall result in a fine of $1,000.

 

 

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1Violations shall not preempt or preclude additional
2appropriate civil or criminal penalties.
3    (f) The written contract shall be in both English and in
4the language of the customer.
5    (g) A copy of the contract shall be provided to the
6customer upon the customer's execution of the contract.
7    (h) A customer has the right to rescind a contract within
872 hours after his or her signing of the contract.
9    (i) Any documents identified in paragraph (3) of subsection
10(c) shall be returned upon demand of the customer.
11    (j) No person engaged in providing immigration services who
12is not exempted under this Section shall do any of the
13following:
14        (1) Make any statement that the person can or will
15    obtain special favors from or has special influence with
16    the United States Immigration and Naturalization Service
17    or any other government agency.
18        (2) Retain any compensation for service not performed.
19        (2.5) Accept payment in exchange for providing legal
20    advice or any other assistance that requires legal
21    analysis, legal judgment, or interpretation of the law.
22        (3) Refuse to return documents supplied by, prepared on
23    behalf of, or paid for by the customer upon the request of
24    the customer. These documents must be returned upon request
25    even if there is a fee dispute between the immigration
26    assistant and the customer.

 

 

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1        (4) Represent or advertise, in connection with the
2    provision of assistance in immigration matters, other
3    titles of credentials, including but not limited to "notary
4    public" or "immigration consultant," that could cause a
5    customer to believe that the person possesses special
6    professional skills or is authorized to provide advice on
7    an immigration matter; provided that a notary public
8    appointed by the Illinois Secretary of State may use the
9    term "notary public" if the use is accompanied by the
10    statement that the person is not an attorney; the term
11    "notary public" may not be translated to another language;
12    for example "notario" is prohibited.
13        (5) Provide legal advice, recommend a specific course
14    of legal action, or provide any other assistance that
15    requires legal analysis, legal judgment, or interpretation
16    of the law.
17        (6) Make any misrepresentation of false statement,
18    directly or indirectly, to influence, persuade, or induce
19    patronage.
20    (k) (Blank).
21    (l) (Blank).
22    (m) Any person who violates any provision of this Section,
23or the rules and regulations issued under this Section, shall
24be guilty of a Class A misdemeanor for a first offense and a
25Class 3 felony for a second or subsequent offense committed
26within 5 years of a previous conviction for the same offense.

 

 

HB5447 Enrolled- 2300 -LRB100 16294 AMC 31417 b

1    Upon his own information or upon the complaint of any
2person, the Attorney General or any State's Attorney, or a
3municipality with a population of more than 1,000,000, may
4maintain an action for injunctive relief and also seek a civil
5penalty not exceeding $50,000 in the circuit court against any
6person who violates any provision of this Section. These
7remedies are in addition to, and not in substitution for, other
8available remedies.
9    If the Attorney General or any State's Attorney or a
10municipality with a population of more than 1,000,000 fails to
11bring an action as provided under this Section any person may
12file a civil action to enforce the provisions of this Article
13and maintain an action for injunctive relief, for compensatory
14damages to recover prohibited fees, or for such additional
15relief as may be appropriate to deter, prevent, or compensate
16for the violation. In order to deter violations of this
17Section, courts shall not require a showing of the traditional
18elements for equitable relief. A prevailing plaintiff may be
19awarded 3 times the prohibited fees or a minimum of $1,000 in
20punitive damages, attorney's fees, and costs of bringing an
21action under this Section. It is the express intention of the
22General Assembly that remedies for violation of this Section be
23cumulative.
24    (n) No unit of local government, including any home rule
25unit, shall have the authority to regulate immigration
26assistance services unless such regulations are at least as

 

 

HB5447 Enrolled- 2301 -LRB100 16294 AMC 31417 b

1stringent as those contained in Public Act 87-1211 this
2amendatory Act of 1992. It is declared to be the law of this
3State, pursuant to paragraph (i) of Section 6 of Article VII of
4the Illinois Constitution of 1970, that Public Act 87-1211 this
5amendatory Act of 1992 is a limitation on the authority of a
6home rule unit to exercise powers concurrently with the State.
7The limitations of this Section do not apply to a home rule
8unit that has, prior to January 1, 1993 (the effective date of
9Public Act 87-1211) this amendatory Act, adopted an ordinance
10regulating immigration assistance services.
11    (o) This Section is severable under Section 1.31 of the
12Statute on Statutes.
13    (p) The Attorney General shall issue rules not inconsistent
14with this Section for the implementation, administration, and
15enforcement of this Section. The rules may provide for the
16following:
17        (1) The content, print size, and print style of the
18    signs required under subsection (e). Print sizes and styles
19    may vary from language to language.
20        (2) Standard forms for use in the administration of
21    this Section.
22        (3) Any additional requirements deemed necessary.
23(Source: P.A. 99-679, eff. 1-1-17; revised 10-5-17.)
 
24    (815 ILCS 505/2TTT)
25    Sec. 2TTT. Standard services.

 

 

HB5447 Enrolled- 2302 -LRB100 16294 AMC 31417 b

1    (a) It is not a fraudulent, unfair, or deceptive act or
2practice under this Act to differentiate prices for services
3based upon factors that include, but are not limited to, amount
4of time, difficulty, cost of providing the services, methods,
5procedure, or equipment used to accomplish the service, upon
6the qualifications, experience, or expertise of the individual
7or business providing the services, market conditions specific
8to the service or the business, or geographic region where the
9services are completed or the business is located.
10    (b) The following sellers shall provide the consumer with a
11standard services price list upon request:
12        (1) Tailors or businesses providing aftermarket
13    clothing alterations.
14        (2) Barbershops or hair salons.
15        (3) Dry cleaners and laundries providing services to
16    individuals.
17    The price list may be provided in any format and may be
18based on customary industry pricing practices.
19    As used in this subsection, "standard service" means the 10
20most frequently requested services provided by the seller.
21    (c) If a seller identified in subsection (b) is found to be
22in violation of this Section, the seller shall have 30 days to
23remedy the violation. Upon a second or subsequent violation
24within 2 years after the 30-day remediation period, the seller
25shall be liable for penalties pursuant to Section 7 of this
26Act.

 

 

HB5447 Enrolled- 2303 -LRB100 16294 AMC 31417 b

1(Source: P.A. 100-207, eff. 1-1-18.)
 
2    (815 ILCS 505/2UUU)
3    Sec. 2UUU 2TTT. Non-disparagement clauses in consumer
4contracts.
5    (a) A contract or a proposed contract for the sale or lease
6of consumer merchandise or services may not include a provision
7waiving the consumer's right to make any statement regarding
8the seller or lessor or the employees or agents of the seller
9or lessor or concerning the merchandise or services.
10    (b) It is an unlawful practice to threaten or to seek to
11enforce a provision made unlawful under this Section or to
12otherwise penalize a consumer for making any statement
13protected under this Section.
14    (c) Any waiver of the provisions of this Section is
15contrary to public policy and is void and unenforceable.
16    (d) This Section may not be construed to prohibit or limit
17a person or business that hosts online consumer reviews or
18comments from removing a statement that is otherwise lawful to
19remove.
20(Source: P.A. 100-240, eff. 1-1-18; revised 11-6-17.)
 
21    Section 680. The Motor Vehicle Franchise Act is amended by
22changing Sections 4 and 10.1 as follows:
 
23    (815 ILCS 710/4)  (from Ch. 121 1/2, par. 754)

 

 

HB5447 Enrolled- 2304 -LRB100 16294 AMC 31417 b

1    Sec. 4. Unfair competition and practices.
2    (a) The unfair methods of competition and unfair and
3deceptive acts or practices listed in this Section are hereby
4declared to be unlawful. In construing the provisions of this
5Section, the courts may be guided by the interpretations of the
6Federal Trade Commission Act (15 U.S.C. 45 et seq.), as from
7time to time amended.
8    (b) It shall be deemed a violation for any manufacturer,
9factory branch, factory representative, distributor or
10wholesaler, distributor branch, distributor representative or
11motor vehicle dealer to engage in any action with respect to a
12franchise which is arbitrary, in bad faith or unconscionable
13and which causes damage to any of the parties or to the public.
14    (c) It shall be deemed a violation for a manufacturer, a
15distributor, a wholesaler, a distributor branch or division, a
16factory branch or division, or a wholesale branch or division,
17or officer, agent or other representative thereof, to coerce,
18or attempt to coerce, any motor vehicle dealer:
19        (1) to accept, buy or order any motor vehicle or
20    vehicles, appliances, equipment, parts or accessories
21    therefor, or any other commodity or commodities or service
22    or services which such motor vehicle dealer has not
23    voluntarily ordered or requested except items required by
24    applicable local, state or federal law; or to require a
25    motor vehicle dealer to accept, buy, order or purchase such
26    items in order to obtain any motor vehicle or vehicles or

 

 

HB5447 Enrolled- 2305 -LRB100 16294 AMC 31417 b

1    any other commodity or commodities which have been ordered
2    or requested by such motor vehicle dealer;
3        (2) to order or accept delivery of any motor vehicle
4    with special features, appliances, accessories or
5    equipment not included in the list price of the motor
6    vehicles as publicly advertised by the manufacturer
7    thereof, except items required by applicable law; or
8        (3) to order for anyone any parts, accessories,
9    equipment, machinery, tools, appliances or any commodity
10    whatsoever, except items required by applicable law.
11    (d) It shall be deemed a violation for a manufacturer, a
12distributor, a wholesaler, a distributor branch or division, or
13officer, agent or other representative thereof:
14        (1) to adopt, change, establish or implement a plan or
15    system for the allocation and distribution of new motor
16    vehicles to motor vehicle dealers which is arbitrary or
17    capricious or to modify an existing plan so as to cause the
18    same to be arbitrary or capricious;
19        (2) to fail or refuse to advise or disclose to any
20    motor vehicle dealer having a franchise or selling
21    agreement, upon written request therefor, the basis upon
22    which new motor vehicles of the same line make are
23    allocated or distributed to motor vehicle dealers in the
24    State and the basis upon which the current allocation or
25    distribution is being made or will be made to such motor
26    vehicle dealer;

 

 

HB5447 Enrolled- 2306 -LRB100 16294 AMC 31417 b

1        (3) to refuse to deliver in reasonable quantities and
2    within a reasonable time after receipt of dealer's order,
3    to any motor vehicle dealer having a franchise or selling
4    agreement for the retail sale of new motor vehicles sold or
5    distributed by such manufacturer, distributor, wholesaler,
6    distributor branch or division, factory branch or division
7    or wholesale branch or division, any such motor vehicles as
8    are covered by such franchise or selling agreement
9    specifically publicly advertised in the State by such
10    manufacturer, distributor, wholesaler, distributor branch
11    or division, factory branch or division, or wholesale
12    branch or division to be available for immediate delivery.
13    However, the failure to deliver any motor vehicle shall not
14    be considered a violation of this Act if such failure is
15    due to an act of God, a work stoppage or delay due to a
16    strike or labor difficulty, a shortage of materials, a lack
17    of manufacturing capacity, a freight embargo or other cause
18    over which the manufacturer, distributor, or wholesaler,
19    or any agent thereof has no control;
20        (4) to coerce, or attempt to coerce, any motor vehicle
21    dealer to enter into any agreement with such manufacturer,
22    distributor, wholesaler, distributor branch or division,
23    factory branch or division, or wholesale branch or
24    division, or officer, agent or other representative
25    thereof, or to do any other act prejudicial to the dealer
26    by threatening to reduce his allocation of motor vehicles

 

 

HB5447 Enrolled- 2307 -LRB100 16294 AMC 31417 b

1    or cancel any franchise or any selling agreement existing
2    between such manufacturer, distributor, wholesaler,
3    distributor branch or division, or factory branch or
4    division, or wholesale branch or division, and the dealer.
5    However, notice in good faith to any motor vehicle dealer
6    of the dealer's violation of any terms or provisions of
7    such franchise or selling agreement or of any law or
8    regulation applicable to the conduct of a motor vehicle
9    dealer shall not constitute a violation of this Act;
10        (5) to require a franchisee to participate in an
11    advertising campaign or contest or any promotional
12    campaign, or to purchase or lease any promotional
13    materials, training materials, show room or other display
14    decorations or materials at the expense of the franchisee;
15        (6) to cancel or terminate the franchise or selling
16    agreement of a motor vehicle dealer without good cause and
17    without giving notice as hereinafter provided; to fail or
18    refuse to extend the franchise or selling agreement of a
19    motor vehicle dealer upon its expiration without good cause
20    and without giving notice as hereinafter provided; or, to
21    offer a renewal, replacement or succeeding franchise or
22    selling agreement containing terms and provisions the
23    effect of which is to substantially change or modify the
24    sales and service obligations or capital requirements of
25    the motor vehicle dealer arbitrarily and without good cause
26    and without giving notice as hereinafter provided

 

 

HB5447 Enrolled- 2308 -LRB100 16294 AMC 31417 b

1    notwithstanding any term or provision of a franchise or
2    selling agreement.
3            (A) If a manufacturer, distributor, wholesaler,
4        distributor branch or division, factory branch or
5        division or wholesale branch or division intends to
6        cancel or terminate a franchise or selling agreement or
7        intends not to extend or renew a franchise or selling
8        agreement on its expiration, it shall send a letter by
9        certified mail, return receipt requested, to the
10        affected franchisee at least 60 days before the
11        effective date of the proposed action, or not later
12        than 10 days before the proposed action when the reason
13        for the action is based upon either of the following:
14                (i) the business operations of the franchisee
15            have been abandoned or the franchisee has failed to
16            conduct customary sales and service operations
17            during customary business hours for at least 7
18            consecutive business days unless such closing is
19            due to an act of God, strike or labor difficulty or
20            other cause over which the franchisee has no
21            control; or
22                (ii) the conviction of or plea of nolo
23            contendere by the motor vehicle dealer or any
24            operator thereof in a court of competent
25            jurisdiction to an offense punishable by
26            imprisonment for more than two years.

 

 

HB5447 Enrolled- 2309 -LRB100 16294 AMC 31417 b

1            Each notice of proposed action shall include a
2        detailed statement setting forth the specific grounds
3        for the proposed cancellation, termination, or refusal
4        to extend or renew and shall state that the dealer has
5        only 30 days from receipt of the notice to file with
6        the Motor Vehicle Review Board a written protest
7        against the proposed action.
8            (B) If a manufacturer, distributor, wholesaler,
9        distributor branch or division, factory branch or
10        division or wholesale branch or division intends to
11        change substantially or modify the sales and service
12        obligations or capital requirements of a motor vehicle
13        dealer as a condition to extending or renewing the
14        existing franchise or selling agreement of such motor
15        vehicle dealer, it shall send a letter by certified
16        mail, return receipt requested, to the affected
17        franchisee at least 60 days before the date of
18        expiration of the franchise or selling agreement. Each
19        notice of proposed action shall include a detailed
20        statement setting forth the specific grounds for the
21        proposed action and shall state that the dealer has
22        only 30 days from receipt of the notice to file with
23        the Motor Vehicle Review Board a written protest
24        against the proposed action.
25            (C) Within 30 days from receipt of the notice under
26        subparagraphs (A) and (B), the franchisee may file with

 

 

HB5447 Enrolled- 2310 -LRB100 16294 AMC 31417 b

1        the Board a written protest against the proposed
2        action.
3            When the protest has been timely filed, the Board
4        shall enter an order, fixing a date (within 60 days of
5        the date of the order), time, and place of a hearing on
6        the protest required under Sections 12 and 29 of this
7        Act, and send by certified mail, return receipt
8        requested, a copy of the order to the manufacturer that
9        filed the notice of intention of the proposed action
10        and to the protesting dealer or franchisee.
11            The manufacturer shall have the burden of proof to
12        establish that good cause exists to cancel or
13        terminate, or fail to extend or renew the franchise or
14        selling agreement of a motor vehicle dealer or
15        franchisee, and to change substantially or modify the
16        sales and service obligations or capital requirements
17        of a motor vehicle dealer as a condition to extending
18        or renewing the existing franchise or selling
19        agreement. The determination whether good cause exists
20        to cancel, terminate, or refuse to renew or extend the
21        franchise or selling agreement, or to change or modify
22        the obligations of the dealer as a condition to offer
23        renewal, replacement, or succession shall be made by
24        the Board under subsection (d) of Section 12 of this
25        Act.
26            (D) Notwithstanding the terms, conditions, or

 

 

HB5447 Enrolled- 2311 -LRB100 16294 AMC 31417 b

1        provisions of a franchise or selling agreement, the
2        following shall not constitute good cause for
3        cancelling or terminating or failing to extend or renew
4        the franchise or selling agreement: (i) the change of
5        ownership or executive management of the franchisee's
6        dealership; or (ii) the fact that the franchisee or
7        owner of an interest in the franchise owns, has an
8        investment in, participates in the management of, or
9        holds a license for the sale of the same or any other
10        line make of new motor vehicles.
11            (E) The manufacturer may not cancel or terminate,
12        or fail to extend or renew a franchise or selling
13        agreement or change or modify the obligations of the
14        franchisee as a condition to offering a renewal,
15        replacement, or succeeding franchise or selling
16        agreement before the hearing process is concluded as
17        prescribed by this Act, and thereafter, if the Board
18        determines that the manufacturer has failed to meet its
19        burden of proof and that good cause does not exist to
20        allow the proposed action;
21        (7) notwithstanding the terms of any franchise
22    agreement, to fail to indemnify and hold harmless its
23    franchised dealers against any judgment or settlement for
24    damages, including, but not limited to, court costs, expert
25    witness fees, reasonable attorneys' fees of the new motor
26    vehicle dealer, and other expenses incurred in the

 

 

HB5447 Enrolled- 2312 -LRB100 16294 AMC 31417 b

1    litigation, so long as such fees and costs are reasonable,
2    arising out of complaints, claims, or lawsuits, including,
3    but not limited to, strict liability, negligence,
4    misrepresentation, warranty (express or implied), or
5    rescission of the sale as defined in Section 2-608 of the
6    Uniform Commercial Code, to the extent that the judgment or
7    settlement relates to the alleged defective or negligent
8    manufacture, assembly or design of new motor vehicles,
9    parts or accessories or other functions by the
10    manufacturer, beyond the control of the dealer; provided
11    that, in order to provide an adequate defense, the
12    manufacturer receives notice of the filing of a complaint,
13    claim, or lawsuit within 60 days after the filing;
14        (8) to require or otherwise coerce a motor vehicle
15    dealer to underutilize the motor vehicle dealer's
16    facilities by requiring or otherwise coercing the motor
17    vehicle dealer to exclude or remove from the motor vehicle
18    dealer's facilities operations for selling or servicing of
19    any vehicles for which the motor vehicle dealer has a
20    franchise agreement with another manufacturer,
21    distributor, wholesaler, distribution branch or division,
22    or officer, agent, or other representative thereof;
23    provided, however, that, in light of all existing
24    circumstances, (i) the motor vehicle dealer maintains a
25    reasonable line of credit for each make or line of new
26    motor vehicle, (ii) the new motor vehicle dealer remains in

 

 

HB5447 Enrolled- 2313 -LRB100 16294 AMC 31417 b

1    compliance with any reasonable facilities requirements of
2    the manufacturer, (iii) no change is made in the principal
3    management of the new motor vehicle dealer, and (iv) the
4    addition of the make or line of new motor vehicles would be
5    reasonable. The reasonable facilities requirement set
6    forth in item (ii) of subsection (d)(8) shall not include
7    any requirement that a franchisee establish or maintain
8    exclusive facilities, personnel, or display space. Any
9    decision by a motor vehicle dealer to sell additional makes
10    or lines at the motor vehicle dealer's facility shall be
11    presumed to be reasonable, and the manufacturer shall have
12    the burden to overcome that presumption. A motor vehicle
13    dealer must provide a written notification of its intent to
14    add a make or line of new motor vehicles to the
15    manufacturer. If the manufacturer does not respond to the
16    motor vehicle dealer, in writing, objecting to the addition
17    of the make or line within 60 days after the date that the
18    motor vehicle dealer sends the written notification, then
19    the manufacturer shall be deemed to have approved the
20    addition of the make or line;
21        (9) to use or consider the performance of a motor
22    vehicle dealer relating to the sale of the manufacturer's,
23    distributor's, or wholesaler's vehicles or the motor
24    vehicle dealer's ability to satisfy any minimum sales or
25    market share quota or responsibility relating to the sale
26    of the manufacturer's, distributor's, or wholesaler's new

 

 

HB5447 Enrolled- 2314 -LRB100 16294 AMC 31417 b

1    vehicles in determining:
2            (A) the motor vehicle dealer's eligibility to
3        purchase program, certified, or other used motor
4        vehicles from the manufacturer, distributor, or
5        wholesaler;
6            (B) the volume, type, or model of program,
7        certified, or other used motor vehicles that a motor
8        vehicle dealer is eligible to purchase from the
9        manufacturer, distributor, or wholesaler;
10            (C) the price of any program, certified, or other
11        used motor vehicle that the dealer is eligible to
12        purchase from the manufacturer, distributor, or
13        wholesaler; or
14            (D) the availability or amount of any discount,
15        credit, rebate, or sales incentive that the dealer is
16        eligible to receive from the manufacturer,
17        distributor, or wholesaler for the purchase of any
18        program, certified, or other used motor vehicle
19        offered for sale by the manufacturer, distributor, or
20        wholesaler;
21        (10) to take any adverse action against a dealer
22    pursuant to an export or sale-for-resale prohibition
23    because the dealer sold or leased a vehicle to a customer
24    who either exported the vehicle to a foreign country or
25    resold the vehicle in violation of the prohibition, unless
26    the export or sale-for-resale prohibition policy was

 

 

HB5447 Enrolled- 2315 -LRB100 16294 AMC 31417 b

1    provided to the dealer in writing either electronically or
2    on paper, prior to the sale or lease, and the dealer knew
3    or reasonably should have known of the customer's intent to
4    export or resell the vehicle in violation of the
5    prohibition at the time of the sale or lease. If the dealer
6    causes the vehicle to be registered and titled in this or
7    any other state, and collects or causes to be collected any
8    applicable sales or use tax to this State, a rebuttable
9    presumption is established that the dealer did not have
10    reason to know of the customer's intent to resell the
11    vehicle;
12        (11) to coerce or require any dealer to construct
13    improvements to his or her facilities or to install new
14    signs or other franchiser image elements that replace or
15    substantially alter those improvements, signs, or
16    franchiser image elements completed within the past 10
17    years that were required and approved by the manufacturer
18    or one of its affiliates. The 10-year period under this
19    paragraph (11) begins to run for a dealer, including that
20    dealer's successors and assigns, on the date that the
21    manufacturer gives final written approval of the facility
22    improvements or installation of signs or other franchiser
23    image elements or the date that the dealer receives a
24    certificate of occupancy, whichever is later. For the
25    purpose of this paragraph (11), the term "substantially
26    alter" does not include routine maintenance, including,

 

 

HB5447 Enrolled- 2316 -LRB100 16294 AMC 31417 b

1    but not limited to, interior painting, that is reasonably
2    necessary to keep a dealer facility in attractive
3    condition; or
4        (12) to require a dealer to purchase goods or services
5    to make improvements to the dealer's facilities from a
6    vendor selected, identified, or designated by a
7    manufacturer or one of its affiliates by agreement,
8    program, incentive provision, or otherwise without making
9    available to the dealer the option to obtain the goods or
10    services of substantially similar quality and overall
11    design from a vendor chosen by the dealer and approved by
12    the manufacturer; however, approval by the manufacturer
13    shall not be unreasonably withheld, and the dealer's option
14    to select a vendor shall not be available if the
15    manufacturer provides substantial reimbursement for the
16    goods or services offered. "Substantial reimbursement"
17    means an amount equal to or greater than the cost savings
18    that would result if the dealer were to utilize a vendor of
19    the dealer's own selection instead of using the vendor
20    identified by the manufacturer. For the purpose of this
21    paragraph (12), the term "goods" does not include movable
22    displays, brochures, and promotional materials containing
23    material subject to the intellectual property rights of a
24    manufacturer. If signs, other than signs containing the
25    manufacturer's brand or logo or free-standing signs that
26    are not directly attached to a building, or other

 

 

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1    franchiser image or design elements or trade dress are to
2    be leased to the dealer by a vendor selected, identified,
3    or designated by the manufacturer, the dealer has the right
4    to purchase the signs or other franchiser image or design
5    elements or trade dress of substantially similar quality
6    and design from a vendor selected by the dealer if the
7    signs, franchiser image or design elements, or trade dress
8    are approved by the manufacturer. Approval by the
9    manufacturer shall not be unreasonably withheld. This
10    paragraph (12) shall not be construed to allow a dealer or
11    vendor to impair, infringe upon, or eliminate, directly or
12    indirectly, the intellectual property rights of the
13    manufacturer, including, but not limited to, the
14    manufacturer's intellectual property rights in any
15    trademarks or trade dress, or other intellectual property
16    interests owned or controlled by the manufacturer. This
17    paragraph (12) shall not be construed to permit a dealer to
18    erect or maintain signs that do not conform to the
19    manufacturer's intellectual property rights or trademark
20    or trade dress usage guidelines.
21    (e) It shall be deemed a violation for a manufacturer, a
22distributor, a wholesaler, a distributor branch or division or
23officer, agent or other representative thereof:
24        (1) to resort to or use any false or misleading
25    advertisement in connection with his business as such
26    manufacturer, distributor, wholesaler, distributor branch

 

 

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1    or division or officer, agent or other representative
2    thereof;
3        (2) to offer to sell or lease, or to sell or lease, any
4    new motor vehicle to any motor vehicle dealer at a lower
5    actual price therefor than the actual price offered to any
6    other motor vehicle dealer for the same model vehicle
7    similarly equipped or to utilize any device including, but
8    not limited to, sales promotion plans or programs which
9    result in such lesser actual price or fail to make
10    available to any motor vehicle dealer any preferential
11    pricing, incentive, rebate, finance rate, or low interest
12    loan program offered to competing motor vehicle dealers in
13    other contiguous states. However, the provisions of this
14    paragraph shall not apply to sales to a motor vehicle
15    dealer for resale to any unit of the United States
16    Government, the State or any of its political subdivisions;
17        (3) to offer to sell or lease, or to sell or lease, any
18    new motor vehicle to any person, except a wholesaler,
19    distributor or manufacturer's employees at a lower actual
20    price therefor than the actual price offered and charged to
21    a motor vehicle dealer for the same model vehicle similarly
22    equipped or to utilize any device which results in such
23    lesser actual price. However, the provisions of this
24    paragraph shall not apply to sales to a motor vehicle
25    dealer for resale to any unit of the United States
26    Government, the State or any of its political subdivisions;

 

 

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1        (4) to prevent or attempt to prevent by contract or
2    otherwise any motor vehicle dealer or franchisee from
3    changing the executive management control of the motor
4    vehicle dealer or franchisee unless the franchiser, having
5    the burden of proof, proves that such change of executive
6    management will result in executive management control by a
7    person or persons who are not of good moral character or
8    who do not meet the franchiser's existing and, with
9    consideration given to the volume of sales and service of
10    the dealership, uniformly applied minimum business
11    experience standards in the market area. However, where the
12    manufacturer rejects a proposed change in executive
13    management control, the manufacturer shall give written
14    notice of his reasons to the dealer within 60 days of
15    notice to the manufacturer by the dealer of the proposed
16    change. If the manufacturer does not send a letter to the
17    franchisee by certified mail, return receipt requested,
18    within 60 days from receipt by the manufacturer of the
19    proposed change, then the change of the executive
20    management control of the franchisee shall be deemed
21    accepted as proposed by the franchisee, and the
22    manufacturer shall give immediate effect to such change;
23        (5) to prevent or attempt to prevent by contract or
24    otherwise any motor vehicle dealer from establishing or
25    changing the capital structure of his dealership or the
26    means by or through which he finances the operation

 

 

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1    thereof; provided the dealer meets any reasonable capital
2    standards agreed to between the dealer and the
3    manufacturer, distributor or wholesaler, who may require
4    that the sources, method and manner by which the dealer
5    finances or intends to finance its operation, equipment or
6    facilities be fully disclosed;
7        (6) to refuse to give effect to or prevent or attempt
8    to prevent by contract or otherwise any motor vehicle
9    dealer or any officer, partner or stockholder of any motor
10    vehicle dealer from selling or transferring any part of the
11    interest of any of them to any other person or persons or
12    party or parties unless such sale or transfer is to a
13    transferee who would not otherwise qualify for a new motor
14    vehicle dealers license under the Illinois Vehicle Code or
15    unless the franchiser, having the burden of proof, proves
16    that such sale or transfer is to a person or party who is
17    not of good moral character or does not meet the
18    franchiser's existing and reasonable capital standards
19    and, with consideration given to the volume of sales and
20    service of the dealership, uniformly applied minimum
21    business experience standards in the market area. However,
22    nothing herein shall be construed to prevent a franchiser
23    from implementing affirmative action programs providing
24    business opportunities for minorities or from complying
25    with applicable federal, State or local law:
26            (A) If the manufacturer intends to refuse to

 

 

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1        approve the sale or transfer of all or a part of the
2        interest, then it shall, within 60 days from receipt of
3        the completed application forms generally utilized by
4        a manufacturer to conduct its review and a copy of all
5        agreements regarding the proposed transfer, send a
6        letter by certified mail, return receipt requested,
7        advising the franchisee of any refusal to approve the
8        sale or transfer of all or part of the interest and
9        shall state that the dealer only has 30 days from the
10        receipt of the notice to file with the Motor Vehicle
11        Review Board a written protest against the proposed
12        action. The notice shall set forth specific criteria
13        used to evaluate the prospective transferee and the
14        grounds for refusing to approve the sale or transfer to
15        that transferee. Within 30 days from the franchisee's
16        receipt of the manufacturer's notice, the franchisee
17        may file with the Board a written protest against the
18        proposed action.
19            When a protest has been timely filed, the Board
20        shall enter an order, fixing the date (within 60 days
21        of the date of such order), time, and place of a
22        hearing on the protest, required under Sections 12 and
23        29 of this Act, and send by certified mail, return
24        receipt requested, a copy of the order to the
25        manufacturer that filed notice of intention of the
26        proposed action and to the protesting franchisee.

 

 

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1            The manufacturer shall have the burden of proof to
2        establish that good cause exists to refuse to approve
3        the sale or transfer to the transferee. The
4        determination whether good cause exists to refuse to
5        approve the sale or transfer shall be made by the Board
6        under subdivisions (6)(B). The manufacturer shall not
7        refuse to approve the sale or transfer by a dealer or
8        an officer, partner, or stockholder of a franchise or
9        any part of the interest to any person or persons
10        before the hearing process is concluded as prescribed
11        by this Act, and thereafter if the Board determines
12        that the manufacturer has failed to meet its burden of
13        proof and that good cause does not exist to refuse to
14        approve the sale or transfer to the transferee.
15            (B) Good cause to refuse to approve such sale or
16        transfer under this Section is established when such
17        sale or transfer is to a transferee who would not
18        otherwise qualify for a new motor vehicle dealers
19        license under the Illinois Vehicle Code or such sale or
20        transfer is to a person or party who is not of good
21        moral character or does not meet the franchiser's
22        existing and reasonable capital standards and, with
23        consideration given to the volume of sales and service
24        of the dealership, uniformly applied minimum business
25        experience standards in the market area.
26        (7) to obtain money, goods, services, anything of

 

 

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1    value, or any other benefit from any other person with whom
2    the motor vehicle dealer does business, on account of or in
3    relation to the transactions between the dealer and the
4    other person as compensation, except for services actually
5    rendered, unless such benefit is promptly accounted for and
6    transmitted to the motor vehicle dealer;
7        (8) to grant an additional franchise in the relevant
8    market area of an existing franchise of the same line make
9    or to relocate an existing motor vehicle dealership within
10    or into a relevant market area of an existing franchise of
11    the same line make. However, if the manufacturer wishes to
12    grant such an additional franchise to an independent person
13    in a bona fide relationship in which such person is
14    prepared to make a significant investment subject to loss
15    in such a dealership, or if the manufacturer wishes to
16    relocate an existing motor vehicle dealership, then the
17    manufacturer shall send a letter by certified mail, return
18    receipt requested, to each existing dealer or dealers of
19    the same line make whose relevant market area includes the
20    proposed location of the additional or relocated franchise
21    at least 60 days before the manufacturer grants an
22    additional franchise or relocates an existing franchise of
23    the same line make within or into the relevant market area
24    of an existing franchisee of the same line make. Each
25    notice shall set forth the specific grounds for the
26    proposed grant of an additional or relocation of an

 

 

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1    existing franchise and shall state that the dealer has only
2    30 days from the date of receipt of the notice to file with
3    the Motor Vehicle Review Board a written protest against
4    the proposed action. Unless the parties agree upon the
5    grant or establishment of the additional or relocated
6    franchise within 30 days from the date the notice was
7    received by the existing franchisee of the same line make
8    or any person entitled to receive such notice, the
9    franchisee or other person may file with the Board a
10    written protest against the grant or establishment of the
11    proposed additional or relocated franchise.
12        When a protest has been timely filed, the Board shall
13    enter an order fixing a date (within 60 days of the date of
14    the order), time, and place of a hearing on the protest,
15    required under Sections 12 and 29 of this Act, and send by
16    certified or registered mail, return receipt requested, a
17    copy of the order to the manufacturer that filed the notice
18    of intention to grant or establish the proposed additional
19    or relocated franchise and to the protesting dealer or
20    dealers of the same line make whose relevant market area
21    includes the proposed location of the additional or
22    relocated franchise.
23        When more than one protest is filed against the grant
24    or establishment of the additional or relocated franchise
25    of the same line make, the Board may consolidate the
26    hearings to expedite disposition of the matter. The

 

 

HB5447 Enrolled- 2325 -LRB100 16294 AMC 31417 b

1    manufacturer shall have the burden of proof to establish
2    that good cause exists to allow the grant or establishment
3    of the additional or relocated franchise. The manufacturer
4    may not grant or establish the additional franchise or
5    relocate the existing franchise before the hearing process
6    is concluded as prescribed by this Act, and thereafter if
7    the Board determines that the manufacturer has failed to
8    meet its burden of proof and that good cause does not exist
9    to allow the grant or establishment of the additional
10    franchise or relocation of the existing franchise.
11        The determination whether good cause exists for
12    allowing the grant or establishment of an additional
13    franchise or relocated existing franchise, shall be made by
14    the Board under subsection (c) of Section 12 of this Act.
15    If the manufacturer seeks to enter into a contract,
16    agreement or other arrangement with any person,
17    establishing any additional motor vehicle dealership or
18    other facility, limited to the sale of factory repurchase
19    vehicles or late model vehicles, then the manufacturer
20    shall follow the notice procedures set forth in this
21    Section and the determination whether good cause exists for
22    allowing the proposed agreement shall be made by the Board
23    under subsection (c) of Section 12, with the manufacturer
24    having the burden of proof.
25            A. (Blank).
26            B. For the purposes of this Section, appointment of

 

 

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1        a successor motor vehicle dealer at the same location
2        as its predecessor, or within 2 miles of such location,
3        or the relocation of an existing dealer or franchise
4        within 2 miles of the relocating dealer's or
5        franchisee's existing location, shall not be construed
6        as a grant, establishment or the entering into of an
7        additional franchise or selling agreement, or a
8        relocation of an existing franchise. The reopening of a
9        motor vehicle dealership that has not been in operation
10        for 18 months or more shall be deemed the grant of an
11        additional franchise or selling agreement.
12            C. This Section does not apply to the relocation of
13        an existing dealership or franchise in a county having
14        a population of more than 300,000 persons when the new
15        location is within the dealer's current relevant
16        market area, provided the new location is more than 7
17        miles from the nearest dealer of the same line make.
18        This Section does not apply to the relocation of an
19        existing dealership or franchise in a county having a
20        population of less than 300,000 persons when the new
21        location is within the dealer's current relevant
22        market area, provided the new location is more than 12
23        miles from the nearest dealer of the same line make. A
24        dealer that would be farther away from the new location
25        of an existing dealership or franchise of the same line
26        make after a relocation may not file a written protest

 

 

HB5447 Enrolled- 2327 -LRB100 16294 AMC 31417 b

1        against the relocation with the Motor Vehicle Review
2        Board.
3            D. Nothing in this Section shall be construed to
4        prevent a franchiser from implementing affirmative
5        action programs providing business opportunities for
6        minorities or from complying with applicable federal,
7        State or local law;
8        (9) to require a motor vehicle dealer to assent to a
9    release, assignment, novation, waiver or estoppel which
10    would relieve any person from liability imposed by this
11    Act;
12        (10) to prevent or refuse to give effect to the
13    succession to the ownership or management control of a
14    dealership by any legatee under the will of a dealer or to
15    an heir under the laws of descent and distribution of this
16    State unless the franchisee has designated a successor to
17    the ownership or management control under the succession
18    provisions of the franchise. Unless the franchiser, having
19    the burden of proof, proves that the successor is a person
20    who is not of good moral character or does not meet the
21    franchiser's existing and reasonable capital standards
22    and, with consideration given to the volume of sales and
23    service of the dealership, uniformly applied minimum
24    business experience standards in the market area, any
25    designated successor of a dealer or franchisee may succeed
26    to the ownership or management control of a dealership

 

 

HB5447 Enrolled- 2328 -LRB100 16294 AMC 31417 b

1    under the existing franchise if:
2                (i) The designated successor gives the
3            franchiser written notice by certified mail,
4            return receipt requested, of his or her intention
5            to succeed to the ownership of the dealer within 60
6            days of the dealer's death or incapacity; and
7                (ii) The designated successor agrees to be
8            bound by all the terms and conditions of the
9            existing franchise.
10        Notwithstanding the foregoing, in the event the motor
11    vehicle dealer or franchisee and manufacturer have duly
12    executed an agreement concerning succession rights prior
13    to the dealer's death or incapacitation, the agreement
14    shall be observed.
15            (A) If the franchiser intends to refuse to honor
16        the successor to the ownership of a deceased or
17        incapacitated dealer or franchisee under an existing
18        franchise agreement, the franchiser shall send a
19        letter by certified mail, return receipt requested, to
20        the designated successor within 60 days from receipt of
21        a proposal advising of its intent to refuse to honor
22        the succession and to discontinue the existing
23        franchise agreement and shall state that the
24        designated successor only has 30 days from the receipt
25        of the notice to file with the Motor Vehicle Review
26        Board a written protest against the proposed action.

 

 

HB5447 Enrolled- 2329 -LRB100 16294 AMC 31417 b

1        The notice shall set forth the specific grounds for the
2        refusal to honor the succession and discontinue the
3        existing franchise agreement.
4            If notice of refusal is not timely served upon the
5        designated successor, the franchise agreement shall
6        continue in effect subject to termination only as
7        otherwise permitted by paragraph (6) of subsection (d)
8        of Section 4 of this Act.
9            Within 30 days from the date the notice was
10        received by the designated successor or any other
11        person entitled to notice, the designee or other person
12        may file with the Board a written protest against the
13        proposed action.
14            When a protest has been timely filed, the Board
15        shall enter an order, fixing a date (within 60 days of
16        the date of the order), time, and place of a hearing on
17        the protest, required under Sections 12 and 29 of this
18        Act, and send by certified mail, return receipt
19        requested, a copy of the order to the franchiser that
20        filed the notice of intention of the proposed action
21        and to the protesting designee or such other person.
22            The manufacturer shall have the burden of proof to
23        establish that good cause exists to refuse to honor the
24        succession and discontinue the existing franchise
25        agreement. The determination whether good cause exists
26        to refuse to honor the succession shall be made by the

 

 

HB5447 Enrolled- 2330 -LRB100 16294 AMC 31417 b

1        Board under subdivision (B) of this paragraph (10). The
2        manufacturer shall not refuse to honor the succession
3        or discontinue the existing franchise agreement before
4        the hearing process is concluded as prescribed by this
5        Act, and thereafter if the Board determines that it has
6        failed to meet its burden of proof and that good cause
7        does not exist to refuse to honor the succession and
8        discontinue the existing franchise agreement.
9            (B) No manufacturer shall impose any conditions
10        upon honoring the succession and continuing the
11        existing franchise agreement with the designated
12        successor other than that the franchisee has
13        designated a successor to the ownership or management
14        control under the succession provisions of the
15        franchise, or that the designated successor is of good
16        moral character or meets the reasonable capital
17        standards and, with consideration given to the volume
18        of sales and service of the dealership, uniformly
19        applied minimum business experience standards in the
20        market area;
21        (11) to prevent or refuse to approve a proposal to
22    establish a successor franchise at a location previously
23    approved by the franchiser when submitted with the
24    voluntary termination by the existing franchisee unless
25    the successor franchisee would not otherwise qualify for a
26    new motor vehicle dealer's license under the Illinois

 

 

HB5447 Enrolled- 2331 -LRB100 16294 AMC 31417 b

1    Vehicle Code or unless the franchiser, having the burden of
2    proof, proves that such proposed successor is not of good
3    moral character or does not meet the franchiser's existing
4    and reasonable capital standards and, with consideration
5    given to the volume of sales and service of the dealership,
6    uniformly applied minimum business experience standards in
7    the market area. However, when such a rejection of a
8    proposal is made, the manufacturer shall give written
9    notice of its reasons to the franchisee within 60 days of
10    receipt by the manufacturer of the proposal. However,
11    nothing herein shall be construed to prevent a franchiser
12    from implementing affirmative action programs providing
13    business opportunities for minorities, or from complying
14    with applicable federal, State or local law;
15        (12) to prevent or refuse to grant a franchise to a
16    person because such person owns, has investment in or
17    participates in the management of or holds a franchise for
18    the sale of another make or line of motor vehicles within 7
19    miles of the proposed franchise location in a county having
20    a population of more than 300,000 persons, or within 12
21    miles of the proposed franchise location in a county having
22    a population of less than 300,000 persons;
23        (13) to prevent or attempt to prevent any new motor
24    vehicle dealer from establishing any additional motor
25    vehicle dealership or other facility limited to the sale of
26    factory repurchase vehicles or late model vehicles or

 

 

HB5447 Enrolled- 2332 -LRB100 16294 AMC 31417 b

1    otherwise offering for sale factory repurchase vehicles of
2    the same line make at an existing franchise by failing to
3    make available any contract, agreement or other
4    arrangement which is made available or otherwise offered to
5    any person; or
6        (14) to exercise a right of first refusal or other
7    right to acquire a franchise from a dealer, unless the
8    manufacturer:
9            (A) notifies the dealer in writing that it intends
10        to exercise its right to acquire the franchise not
11        later than 60 days after the manufacturer's or
12        distributor's receipt of a notice of the proposed
13        transfer from the dealer and all information and
14        documents reasonably and customarily required by the
15        manufacturer or distributor supporting the proposed
16        transfer;
17            (B) pays to the dealer the same or greater
18        consideration as the dealer has contracted to receive
19        in connection with the proposed transfer or sale of all
20        or substantially all of the dealership assets, stock,
21        or other ownership interest, including the purchase or
22        lease of all real property, leasehold, or improvements
23        related to the transfer or sale of the dealership. Upon
24        exercise of the right of first refusal or such other
25        right, the manufacturer or distributor shall have the
26        right to assign the lease or to convey the real

 

 

HB5447 Enrolled- 2333 -LRB100 16294 AMC 31417 b

1        property;
2            (C) assumes all of the duties, obligations, and
3        liabilities contained in the agreements that were to be
4        assumed by the proposed transferee and with respect to
5        which the manufacturer or distributor exercised the
6        right of first refusal or other right to acquire the
7        franchise;
8            (D) reimburses the proposed transferee for all
9        reasonable expenses incurred in evaluating,
10        investigating, and negotiating the transfer of the
11        dealership prior to the manufacturer's or
12        distributor's exercise of its right of first refusal or
13        other right to acquire the dealership. For purposes of
14        this paragraph, "reasonable expenses" includes the
15        usual and customary legal and accounting fees charged
16        for similar work, as well as expenses associated with
17        the evaluation and investigation of any real property
18        on which the dealership is operated. The proposed
19        transferee shall submit an itemized list of its
20        expenses to the manufacturer or distributor not later
21        than 30 days after the manufacturer's or distributor's
22        exercise of the right of first refusal or other right
23        to acquire the motor vehicle franchise. The
24        manufacturer or distributor shall reimburse the
25        proposed transferee for its expenses not later than 90
26        days after receipt of the itemized list. A manufacturer

 

 

HB5447 Enrolled- 2334 -LRB100 16294 AMC 31417 b

1        or distributor may request to be provided with the
2        itemized list of expenses before exercising the
3        manufacturer's or distributor's right of first
4        refusal.
5        Except as provided in this paragraph (14), neither the
6    selling dealer nor the manufacturer or distributor shall
7    have any liability to any person as a result of a
8    manufacturer or distributor exercising its right of first
9    refusal.
10        For the purpose of this paragraph, "proposed
11    transferee" means the person to whom the franchise would
12    have been transferred to, or was proposed to be transferred
13    to, had the right of first refusal or other right to
14    acquire the franchise not been exercised by the
15    manufacturer or distributor.
16    (f) It is deemed a violation for a manufacturer, a
17distributor, a wholesaler, a distributor branch or division, a
18factory branch or division, or a wholesale branch or division,
19or officer, agent, broker, shareholder, except a shareholder of
201% or less of the outstanding shares of any class of securities
21of a manufacturer, distributor, or wholesaler which is a
22publicly traded corporation, or other representative, directly
23or indirectly, to own or operate a place of business as a motor
24vehicle franchisee or motor vehicle financing affiliate,
25except that, this subsection shall not prohibit:
26        (1) the ownership or operation of a place of business

 

 

HB5447 Enrolled- 2335 -LRB100 16294 AMC 31417 b

1    by a manufacturer, distributor, or wholesaler for a period,
2    not to exceed 18 months, during the transition from one
3    motor vehicle franchisee to another;
4        (2) the investment in a motor vehicle franchisee by a
5    manufacturer, distributor, or wholesaler if the investment
6    is for the sole purpose of enabling a partner or
7    shareholder in that motor vehicle franchisee to acquire an
8    interest in that motor vehicle franchisee and that partner
9    or shareholder is not otherwise employed by or associated
10    with the manufacturer, distributor, or wholesaler and
11    would not otherwise have the requisite capital investment
12    funds to invest in the motor vehicle franchisee, and has
13    the right to purchase the entire equity interest of the
14    manufacturer, distributor, or wholesaler in the motor
15    vehicle franchisee within a reasonable period of time not
16    to exceed 5 years; or
17        (3) the ownership or operation of a place of business
18    by a manufacturer that manufactures only diesel engines for
19    installation in trucks having a gross vehicle weight rating
20    of more than 16,000 pounds that are required to be
21    registered under the Illinois Vehicle Code, provided that:
22            (A) the manufacturer does not otherwise
23        manufacture, distribute, or sell motor vehicles as
24        defined under Section 1-217 of the Illinois Vehicle
25        Code;
26            (B) the manufacturer owned a place of business and

 

 

HB5447 Enrolled- 2336 -LRB100 16294 AMC 31417 b

1        it was in operation as of January 1, 2016;
2            (C) the manufacturer complies with all obligations
3        owed to dealers that are not owned, operated, or
4        controlled by the manufacturer, including, but not
5        limited to those obligations arising pursuant to
6        Section 6;
7            (D) to further avoid any acts or practices, the
8        effect of which may be to lessen or eliminate
9        competition, the manufacturer provides to dealers on
10        substantially equal terms access to all support for
11        completing repairs, including, but not limited to,
12        parts and assemblies, training, and technical service
13        bulletins, and other information concerning repairs
14        that the manufacturer provides to facilities that are
15        owned, operated, or controlled by the manufacturer;
16        and
17            (E) the manufacturer does not require that
18        warranty repair work be performed by a
19        manufacturer-owned repair facility and the
20        manufacturer provides any dealer that has an agreement
21        with the manufacturer to sell and perform warranty
22        repairs on the manufacturer's engines the opportunity
23        to perform warranty repairs on those engines,
24        regardless of whether the dealer sold the truck into
25        which the engine was installed.
26    (g) Notwithstanding the terms, provisions, or conditions

 

 

HB5447 Enrolled- 2337 -LRB100 16294 AMC 31417 b

1of any agreement or waiver, it shall be deemed a violation for
2a manufacturer, a distributor, a wholesaler, a distributor
3branch or division, a factory branch or division, or a
4wholesale branch or division, or officer, agent or other
5representative thereof, to directly or indirectly condition
6the awarding of a franchise to a prospective new motor vehicle
7dealer, the addition of a line make or franchise to an existing
8dealer, the renewal of a franchise of an existing dealer, the
9approval of the relocation of an existing dealer's facility, or
10the approval of the sale or transfer of the ownership of a
11franchise on the willingness of a dealer, proposed new dealer,
12or owner of an interest in the dealership facility to enter
13into a site control agreement or exclusive use agreement unless
14separate and reasonable consideration was offered and accepted
15for that agreement.
16    For purposes of this subsection (g), the terms "site
17control agreement" and "exclusive use agreement" include any
18agreement that has the effect of either (i) requiring that the
19dealer establish or maintain exclusive dealership facilities;
20or (ii) restricting the ability of the dealer, or the ability
21of the dealer's lessor in the event the dealership facility is
22being leased, to transfer, sell, lease, or change the use of
23the dealership premises, whether by sublease, lease,
24collateral pledge of lease, or other similar agreement. "Site
25control agreement" and "exclusive use agreement" also include a
26manufacturer restricting the ability of a dealer to transfer,

 

 

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1sell, or lease the dealership premises by right of first
2refusal to purchase or lease, option to purchase, or option to
3lease if the transfer, sale, or lease of the dealership
4premises is to a person who is an immediate family member of
5the dealer. For the purposes of this subsection (g), "immediate
6family member" means a spouse, parent, son, daughter,
7son-in-law, daughter-in-law, brother, and sister.
8    If a manufacturer exercises any right of first refusal to
9purchase or lease or option to purchase or lease with regard to
10a transfer, sale, or lease of the dealership premises to a
11person who is not an immediate family member of the dealer,
12then (1) within 60 days from the receipt of the completed
13application forms generally utilized by a manufacturer to
14conduct its review and a copy of all agreements regarding the
15proposed transfer, the manufacturer must notify the dealer of
16its intent to exercise the right of first refusal to purchase
17or lease or option to purchase or lease and (2) the exercise of
18the right of first refusal to purchase or lease or option to
19purchase or lease must result in the dealer receiving
20consideration, terms, and conditions that either are the same
21as or greater than that which they have contracted to receive
22in connection with the proposed transfer, sale, or lease of the
23dealership premises.
24    Any provision contained in any agreement entered into on or
25after November 25, 2009 (the effective date of Public Act
2696-824) that is inconsistent with the provisions of this

 

 

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1subsection (g) shall be voidable at the election of the
2affected dealer, prospective dealer, or owner of an interest in
3the dealership facility.
4    (h) For purposes of this subsection:
5    "Successor manufacturer" means any motor vehicle
6manufacturer that, on or after January 1, 2009, acquires,
7succeeds to, or assumes any part of the business of another
8manufacturer, referred to as the "predecessor manufacturer",
9as the result of any of the following:
10        (i) A change in ownership, operation, or control of the
11    predecessor manufacturer by sale or transfer of assets,
12    corporate stock or other equity interest, assignment,
13    merger, consolidation, combination, joint venture,
14    redemption, court-approved sale, operation of law or
15    otherwise.
16        (ii) The termination, suspension, or cessation of a
17    part or all of the business operations of the predecessor
18    manufacturer.
19        (iii) The discontinuance of the sale of the product
20    line.
21        (iv) A change in distribution system by the predecessor
22    manufacturer, whether through a change in distributor or
23    the predecessor manufacturer's decision to cease
24    conducting business through a distributor altogether.
25    "Former Franchisee" means a new motor vehicle dealer that
26has entered into a franchise with a predecessor manufacturer

 

 

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1and that has either:
2        (i) entered into a termination agreement or deferred
3    termination agreement with a predecessor or successor
4    manufacturer related to such franchise; or
5        (ii) has had such franchise canceled, terminated,
6    nonrenewed, noncontinued, rejected, nonassumed, or
7    otherwise ended.
8    For a period of 3 years from: (i) the date that a successor
9manufacturer acquires, succeeds to, or assumes any part of the
10business of a predecessor manufacturer; (ii) the last day that
11a former franchisee is authorized to remain in business as a
12franchised dealer with respect to a particular franchise under
13a termination agreement or deferred termination agreement with
14a predecessor or successor manufacturer; (iii) the last day
15that a former franchisee that was cancelled, terminated,
16nonrenewed, noncontinued, rejected, nonassumed, or otherwise
17ended by a predecessor or successor manufacturer is authorized
18to remain in business as a franchised dealer with respect to a
19particular franchise; or (iv) November 25, 2009 (the effective
20date of Public Act 96-824), whichever is latest, it shall be
21unlawful for such successor manufacturer to enter into a same
22line make franchise with any person or to permit the relocation
23of any existing same line make franchise, for a line make of
24the predecessor manufacturer that would be located or relocated
25within the relevant market area of a former franchisee who
26owned or leased a dealership facility in that relevant market

 

 

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1area without first offering the additional or relocated
2franchise to the former franchisee, or the designated successor
3of such former franchisee in the event the former franchisee is
4deceased or a person with a disability, at no cost and without
5any requirements or restrictions other than those imposed
6generally on the manufacturer's other franchisees at that time,
7unless one of the following applies:
8        (1) As a result of the former franchisee's
9    cancellation, termination, noncontinuance, or nonrenewal
10    of the franchise, the predecessor manufacturer had
11    consolidated the line make with another of its line makes
12    for which the predecessor manufacturer had a franchisee
13    with a then-existing dealership facility located within
14    that relevant market area.
15        (2) The successor manufacturer has paid the former
16    franchisee, or the designated successor of such former
17    franchisee in the event the former franchisee is deceased
18    or a person with a disability, the fair market value of the
19    former franchisee's franchise on (i) the date the
20    franchiser franchisor announces the action which results
21    in the termination, cancellation, or nonrenewal; or (ii)
22    the date the action which results in termination,
23    cancellation, or nonrenewal first became general
24    knowledge; or (iii) the day 12 months prior to the date on
25    which the notice of termination, cancellation, or
26    nonrenewal is issued, whichever amount is higher. Payment

 

 

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1    is due within 90 days of the effective date of the
2    termination, cancellation, or nonrenewal. If the
3    termination, cancellation, or nonrenewal is due to a
4    manufacturer's change in distributors, the manufacturer
5    may avoid paying fair market value to the dealer if the new
6    distributor or the manufacturer offers the dealer a
7    franchise agreement with terms acceptable to the dealer.
8        (3) The successor manufacturer proves that it would
9    have had good cause to terminate the franchise agreement of
10    the former franchisee, or the successor of the former
11    franchisee under item (e)(10) in the event that the former
12    franchisee is deceased or a person with a disability. The
13    determination of whether the successor manufacturer would
14    have had good cause to terminate the franchise agreement of
15    the former franchisee, or the successor of the former
16    franchisee, shall be made by the Board under subsection (d)
17    of Section 12. A successor manufacturer that seeks to
18    assert that it would have had good cause to terminate a
19    former franchisee, or the successor of the former
20    franchisee, must file a petition seeking a hearing on this
21    issue before the Board and shall have the burden of proving
22    that it would have had good cause to terminate the former
23    franchisee or the successor of the former franchisee. No
24    successor dealer, other than the former franchisee, may be
25    appointed or franchised by the successor manufacturer
26    within the relevant market area of the former franchisee

 

 

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1    until the Board has held a hearing and rendered a
2    determination on the issue of whether the successor
3    manufacturer would have had good cause to terminate the
4    former franchisee.
5    In the event that a successor manufacturer attempts to
6enter into a same line make franchise with any person or to
7permit the relocation of any existing line make franchise under
8this subsection (h) at a location that is within the relevant
9market area of 2 or more former franchisees, then the successor
10manufacturer may not offer it to any person other than one of
11those former franchisees unless the successor manufacturer can
12prove that at least one of the 3 exceptions in items (1), (2),
13and (3) of this subsection (h) applies to each of those former
14franchisees.
15(Source: P.A. 99-143, eff. 7-27-15; 99-844, eff. 8-19-16;
16100-201, eff. 8-18-17; 100-308, eff. 8-24-17; revised
171-29-18.)
 
18    (815 ILCS 710/10.1)  (from Ch. 121 1/2, par. 760.1)
19    Sec. 10.1. (a) As used in this Section, "motorcycle" means
20every motor vehicle having a seat or saddle for the use of the
21rider and designed to travel with 3 or less wheels in contact
22with the ground, excluding farm, garden, and lawn equipment,
23and including off-highway vehicles.
24    (b) It shall be deemed a violation for a manufacturer, a
25distributor, a wholesaler, a distributor branch or division, or

 

 

HB5447 Enrolled- 2344 -LRB100 16294 AMC 31417 b

1officer, agent, or other representative thereof:
2        (1) To require a motorcycle franchisee to participate
3    in a retail financing plan or retail leasing plan or to
4    participate in any retail consumer insurance plan.
5        (2) To own, to operate or to control any motorcycle
6    dealership in this State for a period longer than 2 years.
7        (3) (Blank). Whenever any motorcycle dealer enters
8    into a franchise agreement, evidenced by a contract, with a
9    wholesaler, manufacturer or distributor wherein the
10    franchisee agrees to maintain an inventory and the contract
11    is terminated by the wholesaler, manufacturer,
12    distributor, or franchisee, then the franchisee may
13    require the repurchase of the inventory as provided for in
14    this Act. If the franchisee has any outstanding debts to
15    the wholesaler, manufacturer or distributor then the
16    repurchase amount may be credited to the franchisee's
17    account. The franchise agreement shall either expressly or
18    by operation of law have as part of its terms a security
19    agreement whereby the wholesaler, manufacturer, or
20    distributor agrees to and does grant a security interest to
21    the motorcycle dealer in the repurchased inventory to
22    secure payment of the repurchase amount to the dealer. The
23    perfection, priority, and other matters relating to the
24    security interest shall be governed by Article 9 of the
25    Uniform Commercial Code. The provisions of this Section
26    shall not be construed to affect in any way any security

 

 

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1    interest that any financial institution, person,
2    wholesaler, manufacturer, or distributor may have in the
3    inventory of the motorcycle dealer.
4        (4) To require a motorcycle dealer to utilize
5    manufacturer approved floor fixtures for the display of any
6    product that is not a product of the manufacturer.
7        (5) To require a motorcycle dealer to purchase lighting
8    fixtures that are to be installed in the dealership only
9    from the manufacturer's approved vendors.
10        (6) To require a motorcycle dealer to relocate to a new
11    or alternate facility.
12    Whenever any motorcycle dealer enters into a franchise
13agreement, evidenced by a contract, with a wholesaler,
14manufacturer, or distributor wherein the franchisee agrees to
15maintain an inventory and the contract is terminated by the
16wholesaler, manufacturer, distributor, or franchisee, then the
17franchisee may require the repurchase of the inventory as
18provided for in this Act. If the franchisee has any outstanding
19debts to the wholesaler, manufacturer, or distributor, then the
20repurchase amount may be credited to the franchisee's account.
21The franchise agreement shall either expressly or by operation
22of law have as part of its terms a security agreement whereby
23the wholesaler, manufacturer, or distributor agrees to and does
24grant a security interest to the motorcycle dealer in the
25repurchased inventory to secure payment of the repurchase
26amount to the dealer. The perfection, priority, and other

 

 

HB5447 Enrolled- 2346 -LRB100 16294 AMC 31417 b

1matters relating to the security interest shall be governed by
2Article 9 of the Uniform Commercial Code. The provisions of
3this Section shall not be construed to affect in any way any
4security interest that any financial institution, person,
5wholesaler, manufacturer, or distributor may have in the
6inventory of the motorcycle dealer.
7    (c) The provisions of this Section 10.1 are applicable to
8all new or existing motorcycle franchisees and franchisers
9franchisors and are in addition to the other rights and
10remedies provided in this Act, and, in the case of a conflict
11with other provisions contained in this Act, with respect to
12motorcycle franchises, this Section shall be controlling.
13    (d) The filing of a timely protest by a motorcycle
14franchise before the Motor Vehicle Review Board as prescribed
15by Sections 12 and 29 of this Act, shall stay the effective
16date of a proposed additional franchise or selling agreement,
17or the effective date of a proposed motorcycle dealership
18relocation, or the effective date of a cancellation,
19termination, or modification, or extend the expiration date of
20a franchise or selling agreement by refusal to honor succession
21to ownership or refusal to approve a sale or transfer pending a
22final determination of the issues in the hearing.
23(Source: P.A. 98-424, eff. 1-1-14; revised 10-6-17.)
 
24    Section 685. The Illinois Secure Choice Savings Program Act
25is amended by changing Section 60 as follows:
 

 

 

HB5447 Enrolled- 2347 -LRB100 16294 AMC 31417 b

1    (820 ILCS 80/60)
2    Sec. 60. Program implementation and enrollment. Except as
3otherwise provided in Section 93 of this Act, the Program shall
4be implemented, and enrollment of employees shall begin in
52018. The Board shall establish an implementation timeline
6under which employers shall enroll their employees in into the
7Program. The timeline shall include the date by which an
8employer must begin enrollment of its employees in into the
9Program and the date by which enrollment must be complete. The
10Board shall adopt the implementation timeline at a public
11meeting of the Board and shall publicize the implementation
12timeline. The Board shall provide advance notice to employers
13of their enrollment date and the amount of time to complete
14enrollment. The Board's implementation timeline shall ensure
15that all employees are required to be enrolled in into the
16Program by December 31, 2020. The provisions of this Section
17shall be in force after the Board opens the Program for
18enrollment.
19    (a) Each employer shall establish a payroll deposit
20retirement savings arrangement to allow each employee to
21participate in the Program within the timeline set by the Board
22after the Program opens for enrollment.
23    (b) Employers shall automatically enroll in the Program
24each of their employees who has not opted out of participation
25in the Program using the form described in subsection (c) of

 

 

HB5447 Enrolled- 2348 -LRB100 16294 AMC 31417 b

1Section 55 of this Act and shall provide payroll deduction
2retirement savings arrangements for such employees and
3deposit, on behalf of such employees, these funds into the
4Program. Small employers may, but are not required to, provide
5payroll deduction retirement savings arrangements for each
6employee who elects to participate in the Program. Small
7employers' use of automatic enrollment for employees is subject
8to final rules from the United States Department of Labor.
9Utilization of automatic enrollment by small employers may be
10allowed only if it does not create employer liability under the
11federal Employee Retirement Income Security Act.
12    (c) Enrollees shall have the ability to select a
13contribution level into the Fund. This level may be expressed
14as a percentage of wages or as a dollar amount up to the
15deductible amount for the enrollee's taxable year under Section
16219(b)(1)(A) of the Internal Revenue Code. Enrollees may change
17their contribution level at any time, subject to rules
18promulgated by the Board. If an enrollee fails to select a
19contribution level using the form described in subsection (c)
20of Section 55 of this Act, then he or she shall contribute the
21default contribution rate of his or her wages to the Program,
22provided that such contributions shall not cause the enrollee's
23total contributions to IRAs for the year to exceed the
24deductible amount for the enrollee's taxable year under Section
25219(b)(1)(A) of the Internal Revenue Code.
26    (d) Enrollees may select an investment option from the

 

 

HB5447 Enrolled- 2349 -LRB100 16294 AMC 31417 b

1permitted investment options listed in Section 45 of this Act.
2Enrollees may change their investment option at any time,
3subject to rules promulgated by the Board. In the event that an
4enrollee fails to select an investment option, that enrollee
5shall be placed in the investment option selected by the Board
6as the default under subsection (c) of Section 45 of this Act.
7If the Board has not selected a default investment option under
8subsection (c) of Section 45 of this Act, then an enrollee who
9fails to select an investment option shall be placed in the
10life-cycle fund investment option.
11    (e) Following initial implementation of the Program
12pursuant to this Section, at least once every year,
13participating employers shall designate an open enrollment
14period during which employees who previously opted out of the
15Program may enroll in the Program.
16    (f) An employee who opts out of the Program who
17subsequently wants to participate through the participating
18employer's payroll deposit retirement savings arrangement may
19only enroll during the participating employer's designated
20open enrollment period or if permitted by the participating
21employer at an earlier time.
22    (g) Employers shall retain the option at all times to set
23up any type of employer-sponsored retirement plan, such as a
24defined benefit plan or a 401(k), Simplified Employee Pension
25(SEP) plan, or Savings Incentive Match Plan for Employees
26(SIMPLE) plan, or to offer an automatic enrollment payroll

 

 

HB5447 Enrolled- 2350 -LRB100 16294 AMC 31417 b

1deduction IRA, instead of having a payroll deposit retirement
2savings arrangement to allow employee participation in the
3Program.
4    (h) An employee may terminate his or her participation in
5the Program at any time in a manner prescribed by the Board.
6    (i) The Board shall establish and maintain an Internet
7website designed to assist employers in identifying private
8sector providers of retirement arrangements that can be set up
9by the employer rather than allowing employee participation in
10the Program under this Act; however, the Board shall only
11establish and maintain an Internet website under this
12subsection if there is sufficient interest in such an Internet
13website by private sector providers and if the private sector
14providers furnish the funding necessary to establish and
15maintain the Internet website. The Board must provide public
16notice of the availability of and the process for inclusion on
17the Internet website before it becomes publicly available. This
18Internet website must be available to the public before the
19Board opens the Program for enrollment, and the Internet
20website address must be included on any Internet website
21posting or other materials regarding the Program offered to the
22public by the Board.
23(Source: P.A. 99-571, eff. 7-15-16; 100-6, eff. 6-30-17;
24revised 10-5-17.)
 
25    Section 690. The Prevailing Wage Act is amended by changing

 

 

HB5447 Enrolled- 2351 -LRB100 16294 AMC 31417 b

1Section 9 as follows:
 
2    (820 ILCS 130/9)  (from Ch. 48, par. 39s-9)
3    Sec. 9. To effectuate the purpose and policy of this Act
4each public body shall, during the month of June of each
5calendar year, investigate and ascertain the prevailing rate of
6wages as defined in this Act and publicly post or keep
7available for inspection by any interested party in the main
8office of such public body its determination of such prevailing
9rate of wage and shall promptly file, no later than July 15 of
10each year, a certified copy thereof in the office of the
11Illinois Department of Labor.
12    The Department of Labor shall during the month of June of
13each calendar year, investigate and ascertain the prevailing
14rate of wages for each county in the State. If a public body
15does not investigate and ascertain the prevailing rate of wages
16during the month of June as required by the previous paragraph,
17then the prevailing rate of wages for that public body shall be
18the rate as determined by the Department under this paragraph
19for the county in which such public body is located. The
20Department shall publish on its official website a prevailing
21wage schedule for each county in the State, no later than
22August 15 of each year, based on the prevailing rate of wages
23investigated and ascertained by the Department during the month
24of June. Nothing prohibits the Department from publishing
25prevailing wage rates more than once per year.

 

 

HB5447 Enrolled- 2352 -LRB100 16294 AMC 31417 b

1    Where the Department of Labor ascertains the prevailing
2rate of wages, it is the duty of the Department of Labor within
330 days after receiving a notice from the public body
4authorizing the proposed work, to conduct an investigation to
5ascertain the prevailing rate of wages as defined in this Act
6and such investigation shall be conducted in the locality in
7which the work is to be performed. The Department of Labor
8shall send a certified copy of its findings to the public body
9authorizing the work and keep a record of its findings
10available for inspection by any interested party in the office
11of the Department of Labor at Springfield.
12    The public body except for the Department of Transportation
13with respect to highway contracts shall within 30 days after
14filing with the Department of Labor, or the Department of Labor
15shall within 30 days after filing with such public body,
16publish in a newspaper of general circulation within the area
17that the determination is effective, a notice of its
18determination and shall promptly mail a copy of its
19determination to any employer, and to any association of
20employers and to any person or association of employees who
21have filed their names and addresses, requesting copies of any
22determination stating the particular rates and the particular
23class of workers whose wages will be affected by such rates. If
24the Department of Labor ascertains the prevailing rate of wages
25for a public body, the public body may satisfy the newspaper
26publication requirement in this paragraph by posting on the

 

 

HB5447 Enrolled- 2353 -LRB100 16294 AMC 31417 b

1public body's website a notice of its determination with a
2hyperlink to the prevailing wage schedule for that locality
3that is published on the official website of the Department of
4Labor.
5    At any time within 30 days after the Department of Labor
6has published on its official web site a prevailing wage
7schedule, any person affected thereby may object in writing to
8the determination or such part thereof as they may deem
9objectionable by filing a written notice with the public body
10or Department of Labor, whichever has made such determination,
11stating the specified grounds of the objection. It shall
12thereafter be the duty of the public body or Department of
13Labor to set a date for a hearing on the objection after giving
14written notice to the objectors at least 10 days before the
15date of the hearing and said notice shall state the time and
16place of such hearing. Such hearing by a public body shall be
17held within 45 days after the objection is filed, and shall not
18be postponed or reset for a later date except upon the consent,
19in writing, of all the objectors and the public body. If such
20hearing is not held by the public body within the time herein
21specified, the Department of Labor may, upon request of the
22objectors, conduct the hearing on behalf of the public body.
23    The public body or Department of Labor, whichever has made
24such determination, is authorized in its discretion to hear
25each written objection filed separately or consolidate for
26hearing any one or more written objections filed with them. At

 

 

HB5447 Enrolled- 2354 -LRB100 16294 AMC 31417 b

1such hearing, the public body or Department of Labor shall
2introduce in evidence the investigation it instituted which
3formed the basis of its determination, and the public body or
4Department of Labor, or any interested objectors may thereafter
5introduce such evidence as is material to the issue.
6Thereafter, the public body or Department of Labor, must rule
7upon the written objection and make such final determination as
8it believes the evidence warrants, and promptly file a
9certified copy of its final determination with such public
10body, and serve a copy by personal service or registered mail
11on all parties to the proceedings. The final determination by
12the Department of Labor or a public body shall be rendered
13within 30 days after the conclusion of the hearing.
14    If proceedings to review judicially the final
15determination of the public body or Department of Labor are not
16instituted as hereafter provided, such determination shall be
17final and binding.
18    The provisions of the Administrative Review Law, and all
19amendments and modifications thereof, and the rules adopted
20pursuant thereto, shall apply to and govern all proceedings for
21the judicial review of final administrative decisions of any
22public body or the Department of Labor hereunder. The term
23"administrative decision" is defined as in Section 3-101 of the
24Code of Civil Procedure.
25    Appeals from all final orders and judgments entered by the
26court in review of the final administrative decision of the

 

 

HB5447 Enrolled- 2355 -LRB100 16294 AMC 31417 b

1public body or Department of Labor, may be taken by any party
2to the action.
3    Any proceeding in any court affecting a determination of
4the Department of Labor or public body shall have priority in
5hearing and determination over all other civil proceedings
6pending in said court, except election contests.
7    In all reviews or appeals under this Act, it shall be the
8duty of the Attorney General to represent the Department of
9Labor, and defend its determination. The Attorney General shall
10not represent any public body, except the State, in any such
11review or appeal.
12(Source: P.A. 100-2, eff. 6-16-17; 100-154, eff. 8-18-17;
13revised 10-6-17.)
 
14    Section 695. The Workplace Violence Prevention Act is
15amended by changing Section 95 as follows:
 
16    (820 ILCS 275/95)
17    Sec. 95. Notice of orders. (a) Upon issuance of a workplace
18protection restraining order, the clerk shall immediately, or
19on the next court day if an emergency order is issued in
20accordance with subsection (c) of Section 70 of this Act:
21        (1) enter the order on the record and file it in
22    accordance with the circuit court procedures; and
23        (2) provide a file stamped copy of the order to the
24    respondent, if present, and to the petitioner.

 

 

HB5447 Enrolled- 2356 -LRB100 16294 AMC 31417 b

1(Source: P.A. 98-766, eff. 7-16-14; revised 11-8-17.)
 
2    Section 700. "An Act concerning revenue", veto overridden
3July 6, 2017, Public Act 100-22, is amended by changing the
4headings of Article 1 (STATE TAX LIEN REGISTRATION ACT),
5Article 15 (REVISED UNIFORM UNCLAIMED PROPERTY ACT), Article 17
6(AMENDATORY PROVISIONS; UNCLAIMED PROPERTY), Article 20
7(AMENDATORY PROVISIONS; INCOME TAX), Article 25 (AMENDATORY
8PROVISIONS; STATE TAX LIEN REGISTRY), Article 30 (GASOHOL;
9ETHANOL FUEL), Article 35 (GRAPHIC ARTS), and Article 99
10(EFFECTIVE DATE) as follows:
 
11    (P.A. 100-22, Tit. 1 heading)
12
TITLE ARTICLE 1. STATE TAX LIEN REGISTRATION ACT
13(Source: P.A. 100-22, eff. 1-1-18.)
 
14    (P.A. 100-22, Tit. 15 heading)
15
TITLE ARTICLE 15. REVISED UNIFORM UNCLAIMED PROPERTY ACT
16(Source: P.A. 100-22, eff. 1-1-18.)
 
17    (P.A. 100-22, Tit. 17 heading)
18
TITLE ARTICLE 17. AMENDATORY PROVISIONS; UNCLAIMED PROPERTY
19(Source: P.A. 100-22, eff. 1-1-18.)
 
20    (P.A. 100-22, Tit. 20 heading)
21
TITLE ARTICLE 20. AMENDATORY PROVISIONS; INCOME TAX

 

 

HB5447 Enrolled- 2357 -LRB100 16294 AMC 31417 b

1(Source: P.A. 100-22, eff. 7-6-17.)
 
2    (P.A. 100-22, Tit. 25 heading)
3
TITLE ARTICLE 25. AMENDATORY PROVISIONS; STATE TAX LIEN
4
REGISTRY
5(Source: P.A. 100-22, eff. 1-1-18.)
 
6    (P.A. 100-22, Tit. 30 heading)
7
TITLE ARTICLE 30. GASOHOL; ETHANOL FUEL
8(Source: P.A. 100-22, eff. 7-6-17.)
 
9    (P.A. 100-22, Tit. 35 heading)
10
TITLE ARTICLE 35. GRAPHIC ARTS
11(Source: P.A. 100-22, eff. 7-6-17.)
 
12    (P.A. 100-22, Tit. 99 heading)
13
TITLE ARTICLE 99. EFFECTIVE DATE
14(Source: P.A. 100-22, eff. 7-6-17.)
 
15    Section 705. The Revised Uniform Unclaimed Property Act is
16amended by changing Section 15-101 as follows:
 
17    (765 ILCS 1026/15-101)
18    Sec. 15-101. Short title. This Act may be cited as the
19Revised Uniform Unclaimed Property Act. References in this
20Title Article 15 (the Revised Uniform Unclaimed Property Act)

 

 

HB5447 Enrolled- 2358 -LRB100 16294 AMC 31417 b

1to "this Act" mean this Title Article 15 (the Revised Uniform
2Unclaimed Property Act).
3(Source: P.A. 100-22, eff. 1-1-18.)
 
4    Section 995. No acceleration or delay. Where this Act makes
5changes in a statute that is represented in this Act by text
6that is not yet or no longer in effect (for example, a Section
7represented by multiple versions), the use of that text does
8not accelerate or delay the taking effect of (i) the changes
9made by this Act or (ii) provisions derived from any other
10Public Act.
 
11    Section 996. No revival or extension. This Act does not
12revive or extend any Section or Act otherwise repealed.
 
13    Section 999. Effective date. This Act takes effect upon
14becoming law.

 

 

HB5447 Enrolled- 2359 -LRB100 16294 AMC 31417 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 80/4.30
4    5 ILCS 140/7.5
5    5 ILCS 375/6.11
6    5 ILCS 382/3-15
7    10 ILCS 5/1-2from Ch. 46, par. 1-2
8    10 ILCS 5/1A-8from Ch. 46, par. 1A-8
9    10 ILCS 5/1A-16
10    10 ILCS 5/2A-30from Ch. 46, par. 2A-30
11    10 ILCS 5/3-5from Ch. 46, par. 3-5
12    10 ILCS 5/12-5from Ch. 46, par. 12-5
13    10 ILCS 5/21-2from Ch. 46, par. 21-2
14    10 ILCS 5/28-7from Ch. 46, par. 28-7
15    15 ILCS 505/16.5
16    20 ILCS 415/17from Ch. 127, par. 63b117
17    20 ILCS 505/5from Ch. 23, par. 5005
18    20 ILCS 505/35.7
19    20 ILCS 605/605-1020
20    20 ILCS 630/17
21    20 ILCS 690/2from Ch. 5, par. 2252
22    20 ILCS 805/805-45
23    20 ILCS 1305/1-17
24    20 ILCS 1305/1-65
25    20 ILCS 1305/1-70

 

 

HB5447 Enrolled- 2360 -LRB100 16294 AMC 31417 b

1    20 ILCS 1705/15.4
2    20 ILCS 2105/2105-15
3    20 ILCS 2105/2105-207
4    20 ILCS 2310/2310-676
5    20 ILCS 2405/3from Ch. 23, par. 3434
6    20 ILCS 2407/55
7    20 ILCS 2630/5.2
8    20 ILCS 2805/20
9    20 ILCS 3305/5from Ch. 127, par. 1055
10    20 ILCS 3305/7from Ch. 127, par. 1057
11    20 ILCS 3425/5.1from Ch. 128, par. 16.1
12    20 ILCS 3430/1from Ch. 123, par. 52
13    20 ILCS 3475/20
14    20 ILCS 3855/1-60
15    20 ILCS 3855/1-75
16    20 ILCS 3903/15
17    30 ILCS 105/5.875
18    30 ILCS 105/5.877
19    30 ILCS 105/5.878
20    30 ILCS 105/5.879
21    30 ILCS 105/5.880
22    30 ILCS 105/5.881
23    30 ILCS 105/5.882
24    30 ILCS 105/5.883
25    30 ILCS 105/5.884
26    30 ILCS 105/6z-102

 

 

HB5447 Enrolled- 2361 -LRB100 16294 AMC 31417 b

1    30 ILCS 105/6z-103
2    30 ILCS 105/6z-104
3    30 ILCS 105/8.3from Ch. 127, par. 144.3
4    30 ILCS 105/8.12from Ch. 127, par. 144.12
5    30 ILCS 105/8g
6    30 ILCS 105/13.2from Ch. 127, par. 149.2
7    30 ILCS 330/2.5
8    30 ILCS 330/9from Ch. 127, par. 659
9    30 ILCS 330/11from Ch. 127, par. 661
10    30 ILCS 500/15-25
11    30 ILCS 500/45-45
12    30 ILCS 500/45-57
13    30 ILCS 525/1from Ch. 85, par. 1601
14    30 ILCS 540/7from Ch. 127, par. 132.407
15    30 ILCS 575/8g
16    30 ILCS 575/8j
17    30 ILCS 708/45
18    30 ILCS 740/2-3from Ch. 111 2/3, par. 663
19    30 ILCS 750/9-3from Ch. 127, par. 2709-3
20    30 ILCS 805/8.41
21    35 ILCS 5/220
22    35 ILCS 5/704A
23    35 ILCS 5/901from Ch. 120, par. 9-901
24    35 ILCS 5/917from Ch. 120, par. 9-917
25    35 ILCS 25/10
26    35 ILCS 105/3-5

 

 

HB5447 Enrolled- 2362 -LRB100 16294 AMC 31417 b

1    35 ILCS 105/9from Ch. 120, par. 439.9
2    35 ILCS 110/2from Ch. 120, par. 439.32
3    35 ILCS 110/9from Ch. 120, par. 439.39
4    35 ILCS 115/2from Ch. 120, par. 439.102
5    35 ILCS 115/9from Ch. 120, par. 439.109
6    35 ILCS 120/2-5
7    35 ILCS 120/2afrom Ch. 120, par. 441a
8    35 ILCS 120/3from Ch. 120, par. 442
9    35 ILCS 200/15-172
10    35 ILCS 200/21-95
11    35 ILCS 200/21-265
12    35 ILCS 516/205
13    35 ILCS 625/2from Ch. 120, par. 1412
14    40 ILCS 5/1-113.22
15    40 ILCS 5/3-143from Ch. 108 1/2, par. 3-143
16    40 ILCS 5/7-172from Ch. 108 1/2, par. 7-172
17    40 ILCS 5/8-251from Ch. 108 1/2, par. 8-251
18    40 ILCS 5/11-223.1from Ch. 108 1/2, par. 11-223.1
19    40 ILCS 5/11-230from Ch. 108 1/2, par. 11-230
20    40 ILCS 5/16-158from Ch. 108 1/2, par. 16-158
21    50 ILCS 50/15
22    50 ILCS 705/7from Ch. 85, par. 507
23    55 ILCS 5/4-5001from Ch. 34, par. 4-5001
24    55 ILCS 5/5-1069.3
25    65 ILCS 5/5-3-1from Ch. 24, par. 5-3-1
26    65 ILCS 5/8-11-1.6

 

 

HB5447 Enrolled- 2363 -LRB100 16294 AMC 31417 b

1    65 ILCS 5/8-11-1.7
2    65 ILCS 5/10-2.1-4from Ch. 24, par. 10-2.1-4
3    65 ILCS 5/10-4-2from Ch. 24, par. 10-4-2
4    65 ILCS 5/10-4-2.3
5    65 ILCS 5/11-74.4-3.5
6    70 ILCS 210/13from Ch. 85, par. 1233
7    70 ILCS 3610/8from Ch. 111 2/3, par. 358
8    70 ILCS 3615/2.02from Ch. 111 2/3, par. 702.02
9    70 ILCS 3615/2.06from Ch. 111 2/3, par. 702.06
10    70 ILCS 3615/2.21from Ch. 111 2/3, par. 702.21
11    70 ILCS 3720/4from Ch. 111 2/3, par. 254
12    105 ILCS 5/2-3.64a-5
13    105 ILCS 5/2-3.162
14    105 ILCS 5/2-3.170
15    105 ILCS 5/2-3.171
16    105 ILCS 5/2-3.172
17    105 ILCS 5/3-14.23from Ch. 122, par. 3-14.23
18    105 ILCS 5/10-17afrom Ch. 122, par. 10-17a
19    105 ILCS 5/10-20.60
20    105 ILCS 5/10-20.61
21    105 ILCS 5/10-20.62
22    105 ILCS 5/10-20.63
23    105 ILCS 5/10-20.64
24    105 ILCS 5/10-20.65
25    105 ILCS 5/10-20.66
26    105 ILCS 5/10-22.3f

 

 

HB5447 Enrolled- 2364 -LRB100 16294 AMC 31417 b

1    105 ILCS 5/10-22.6from Ch. 122, par. 10-22.6
2    105 ILCS 5/14-8.02from Ch. 122, par. 14-8.02
3    105 ILCS 5/14-8.02a
4    105 ILCS 5/14-13.01from Ch. 122, par. 14-13.01
5    105 ILCS 5/17-2Afrom Ch. 122, par. 17-2A
6    105 ILCS 5/18-8.05
7    105 ILCS 5/18-12from Ch. 122, par. 18-12
8    105 ILCS 5/19-1
9    105 ILCS 5/21B-20
10    105 ILCS 5/21B-25
11    105 ILCS 5/21B-30
12    105 ILCS 5/21B-45
13    105 ILCS 5/22-80
14    105 ILCS 5/26-1from Ch. 122, par. 26-1
15    105 ILCS 5/27-8.1from Ch. 122, par. 27-8.1
16    105 ILCS 5/27A-5
17    105 ILCS 5/29-5from Ch. 122, par. 29-5
18    105 ILCS 5/32-7.3from Ch. 122, par. 32-7.3
19    105 ILCS 5/34-18.53
20    105 ILCS 5/34-18.54
21    105 ILCS 5/34-18.55
22    105 ILCS 5/34-18.56
23    105 ILCS 5/34-18.57
24    105 ILCS 5/34-18.58
25    105 ILCS 5/34-18.59
26    105 ILCS 45/1-20

 

 

HB5447 Enrolled- 2365 -LRB100 16294 AMC 31417 b

1    110 ILCS 805/3-20.5from Ch. 122, par. 103-20.5
2    110 ILCS 975/3from Ch. 144, par. 2753
3    110 ILCS 992/20-50
4    205 ILCS 5/5from Ch. 17, par. 311
5    205 ILCS 5/48.3from Ch. 17, par. 360.2
6    205 ILCS 205/9012from Ch. 17, par. 7309-12
7    205 ILCS 620/2-1from Ch. 17, par. 1552-1
8    205 ILCS 635/3-8from Ch. 17, par. 2323-8
9    205 ILCS 635/4-10from Ch. 17, par. 2324-10
10    210 ILCS 45/3-206from Ch. 111 1/2, par. 4153-206
11    210 ILCS 135/4from Ch. 91 1/2, par. 1704
12    215 ILCS 5/15from Ch. 73, par. 627
13    215 ILCS 5/17from Ch. 73, par. 629
14    215 ILCS 5/21from Ch. 73, par. 633
15    215 ILCS 5/25from Ch. 73, par. 637
16    215 ILCS 5/27.1from Ch. 73, par. 639.1
17    215 ILCS 5/86from Ch. 73, par. 698
18    215 ILCS 5/123C-18from Ch. 73, par. 735C-18
19    215 ILCS 5/155.57from Ch. 73, par. 767.57
20    215 ILCS 5/356z.25
21    215 ILCS 5/356z.26
22    215 ILCS 5/356z.27
23    215 ILCS 5/356z.28
24    215 ILCS 5/400.1from Ch. 73, par. 1012.1
25    215 ILCS 5/429from Ch. 73, par. 1036
26    215 ILCS 5/469from Ch. 73, par. 1065.16

 

 

HB5447 Enrolled- 2366 -LRB100 16294 AMC 31417 b

1    215 ILCS 5/512.63from Ch. 73, par. 1065.59-63
2    215 ILCS 5/531.03from Ch. 73, par. 1065.80-3
3    215 ILCS 5/1563
4    215 ILCS 125/5-1from Ch. 111 1/2, par. 1409A
5    215 ILCS 125/5-3from Ch. 111 1/2, par. 1411.2
6    215 ILCS 130/4003from Ch. 73, par. 1504-3
7    215 ILCS 159/5
8    215 ILCS 165/10from Ch. 32, par. 604
9    215 ILCS 185/15
10    215 ILCS 185/35
11    220 ILCS 5/13-703from Ch. 111 2/3, par. 13-703
12    220 ILCS 25/1.03from Ch. 111 2/3, par. 571.03
13    220 ILCS 50/2.2from Ch. 111 2/3, par. 1602.2
14    225 ILCS 25/4from Ch. 111, par. 2304
15    225 ILCS 60/22from Ch. 111, par. 4400-22
16    225 ILCS 60/54.5
17    225 ILCS 85/3
18    225 ILCS 85/4from Ch. 111, par. 4124
19    225 ILCS 90/1from Ch. 111, par. 4251
20    225 ILCS 203/90
21    225 ILCS 315/29from Ch. 111, par. 8129
22    225 ILCS 330/13from Ch. 111, par. 3263
23    225 ILCS 425/9.22from Ch. 111, par. 2034
24    225 ILCS 454/1-10
25    225 ILCS 454/20-20
26    225 ILCS 610/12from Ch. 8, par. 160

 

 

HB5447 Enrolled- 2367 -LRB100 16294 AMC 31417 b

1    225 ILCS 650/5.1
2    230 ILCS 5/28from Ch. 8, par. 37-28
3    235 ILCS 5/4-4from Ch. 43, par. 112
4    235 ILCS 5/6-11
5    305 ILCS 5/5-5from Ch. 23, par. 5-5
6    305 ILCS 5/5-8from Ch. 23, par. 5-8
7    305 ILCS 5/5A-8from Ch. 23, par. 5A-8
8    305 ILCS 5/6-1.3from Ch. 23, par. 6-1.3
9    305 ILCS 5/11-6from Ch. 23, par. 11-6
10    305 ILCS 5/12-5from Ch. 23, par. 12-5
11    305 ILCS 20/13
12    315 ILCS 30/19from Ch. 67 1/2, par. 91.119
13    325 ILCS 5/7.4from Ch. 23, par. 2057.4
14    325 ILCS 5/7.14from Ch. 23, par. 2057.14
15    405 ILCS 115/5
16    405 ILCS 115/10
17    410 ILCS 18/5
18    410 ILCS 54/10
19    410 ILCS 125/5
20    410 ILCS 130/160
21    410 ILCS 210/1from Ch. 111, par. 4501
22    410 ILCS 210/1.5
23    410 ILCS 210/2from Ch. 111, par. 4502
24    410 ILCS 210/3from Ch. 111, par. 4503
25    410 ILCS 210/5from Ch. 111, par. 4505
26    410 ILCS 335/5

 

 

HB5447 Enrolled- 2368 -LRB100 16294 AMC 31417 b

1    410 ILCS 535/1from Ch. 111 1/2, par. 73-1
2    410 ILCS 535/24.6
3    415 ILCS 5/5from Ch. 111 1/2, par. 1005
4    415 ILCS 5/22.15from Ch. 111 1/2, par. 1022.15
5    415 ILCS 5/29from Ch. 111 1/2, par. 1029
6    415 ILCS 5/41from Ch. 111 1/2, par. 1041
7    415 ILCS 5/42from Ch. 111 1/2, par. 1042
8    415 ILCS 5/44.1
9    415 ILCS 5/55from Ch. 111 1/2, par. 1055
10    415 ILCS 5/55.6from Ch. 111 1/2, par. 1055.6
11    415 ILCS 15/11from Ch. 85, par. 5961
12    420 ILCS 15/4from Ch. 111 1/2, par. 230.24
13    425 ILCS 60/4from Ch. 127 1/2, par. 804
14    520 ILCS 5/2.35from Ch. 61, par. 2.35
15    520 ILCS 5/3.19from Ch. 61, par. 3.19
16    605 ILCS 5/3-105from Ch. 121, par. 3-105
17    605 ILCS 5/6-130from Ch. 121, par. 6-130
18    620 ILCS 5/1from Ch. 15 1/2, par. 22.1
19    620 ILCS 5/47from Ch. 15 1/2, par. 22.47
20    620 ILCS 35/10from Ch. 15 1/2, par. 760
21    625 ILCS 5/1-118from Ch. 95 1/2, par. 1-118
22    625 ILCS 5/1-205.1from Ch. 95 1/2, par. 1-205.1
23    625 ILCS 5/1-205.2from Ch. 95 1/2, par. 1-205.2
24    625 ILCS 5/3-414from Ch. 95 1/2, par. 3-414
25    625 ILCS 5/3-611from Ch. 95 1/2, par. 3-611
26    625 ILCS 5/3-699.14

 

 

HB5447 Enrolled- 2369 -LRB100 16294 AMC 31417 b

1    625 ILCS 5/3-802from Ch. 95 1/2, par. 3-802
2    625 ILCS 5/3-809from Ch. 95 1/2, par. 3-809
3    625 ILCS 5/3-810from Ch. 95 1/2, par. 3-810
4    625 ILCS 5/3-810.1from Ch. 95 1/2, par. 3-810.1
5    625 ILCS 5/4-203from Ch. 95 1/2, par. 4-203
6    625 ILCS 5/4-216
7    625 ILCS 5/5-104from Ch. 95 1/2, par. 5-104
8    625 ILCS 5/5-104.3
9    625 ILCS 5/5-503from Ch. 95 1/2, par. 5-503
10    625 ILCS 5/6-103from Ch. 95 1/2, par. 6-103
11    625 ILCS 5/6-115from Ch. 95 1/2, par. 6-115
12    625 ILCS 5/7-216from Ch. 95 1/2, par. 7-216
13    625 ILCS 5/7-604from Ch. 95 1/2, par. 7-604
14    625 ILCS 5/11-208from Ch. 95 1/2, par. 11-208
15    625 ILCS 5/12-503from Ch. 95 1/2, par. 12-503
16    625 ILCS 5/12-601from Ch. 95 1/2, par. 12-601
17    625 ILCS 5/12-606from Ch. 95 1/2, par. 12-606
18    625 ILCS 5/12-806from Ch. 95 1/2, par. 12-806
19    625 ILCS 5/12-825
20    625 ILCS 5/15-301from Ch. 95 1/2, par. 15-301
21    625 ILCS 5/15-308.2
22    625 ILCS 45/3-1from Ch. 95 1/2, par. 313-1
23    625 ILCS 45/4-1from Ch. 95 1/2, par. 314-1
24    705 ILCS 105/27.2from Ch. 25, par. 27.2
25    705 ILCS 405/1-3from Ch. 37, par. 801-3
26    705 ILCS 405/1-7from Ch. 37, par. 801-7

 

 

HB5447 Enrolled- 2370 -LRB100 16294 AMC 31417 b

1    705 ILCS 405/2-10from Ch. 37, par. 802-10
2    705 ILCS 405/2-28from Ch. 37, par. 802-28
3    705 ILCS 405/5-915
4    720 ILCS 5/3-5from Ch. 38, par. 3-5
5    720 ILCS 5/3-6from Ch. 38, par. 3-6
6    720 ILCS 5/9-1from Ch. 38, par. 9-1
7    720 ILCS 5/11-9.1from Ch. 38, par. 11-9.1
8    720 ILCS 5/12-7.1from Ch. 38, par. 12-7.1
9    720 ILCS 550/14from Ch. 56 1/2, par. 714
10    720 ILCS 570/102from Ch. 56 1/2, par. 1102
11    720 ILCS 570/204from Ch. 56 1/2, par. 1204
12    720 ILCS 570/303.05
13    725 ILCS 5/110-6.4
14    725 ILCS 5/112A-14from Ch. 38, par. 112A-14
15    730 ILCS 5/3-2-2from Ch. 38, par. 1003-2-2
16    730 ILCS 5/3-7-2from Ch. 38, par. 1003-7-2
17    730 ILCS 5/5-2-4from Ch. 38, par. 1005-2-4
18    735 ILCS 5/3-107from Ch. 110, par. 3-107
19    735 ILCS 30/25-5-70
20    735 ILCS 30/25-5-72
21    740 ILCS 10/5from Ch. 38, par. 60-5
22    740 ILCS 130/4from Ch. 80, par. 304
23    750 ILCS 5/505from Ch. 40, par. 505
24    750 ILCS 50/4.1from Ch. 40, par. 1506
25    750 ILCS 50/18.5from Ch. 40, par. 1522.5
26    750 ILCS 60/214from Ch. 40, par. 2312-14

 

 

HB5447 Enrolled- 2371 -LRB100 16294 AMC 31417 b

1    750 ILCS 90/5
2    765 ILCS 67/10
3    765 ILCS 67/75
4    765 ILCS 305/6from Ch. 30, par. 196
5    765 ILCS 605/18from Ch. 30, par. 318
6    765 ILCS 605/19from Ch. 30, par. 319
7    765 ILCS 605/27from Ch. 30, par. 327
8    775 ILCS 5/5-101from Ch. 68, par. 5-101
9    805 ILCS 5/14.05from Ch. 32, par. 14.05
10    805 ILCS 5/15.85from Ch. 32, par. 15.85
11    805 ILCS 206/108
12    815 ILCS 390/17from Ch. 21, par. 217
13    815 ILCS 405/3from Ch. 121 1/2, par. 503
14    815 ILCS 505/2L
15    815 ILCS 505/2Zfrom Ch. 121 1/2, par. 262Z
16    815 ILCS 505/2AA
17    815 ILCS 505/2TTT
18    815 ILCS 505/2UUU
19    815 ILCS 710/4from Ch. 121 1/2, par. 754
20    815 ILCS 710/10.1from Ch. 121 1/2, par. 760.1
21    820 ILCS 80/60
22    820 ILCS 130/9from Ch. 48, par. 39s-9
23    820 ILCS 275/95
24    P.A. 100-22, Tit. 1
25    heading

 

 

HB5447 Enrolled- 2372 -LRB100 16294 AMC 31417 b

1    P.A. 100-22, Tit. 15
2    heading
3    P.A. 100-22, Tit. 17
4    heading
5    P.A. 100-22, Tit. 20
6    heading
7    P.A. 100-22, Tit. 25
8    heading
9    P.A. 100-22, Tit. 30
10    heading
11    P.A. 100-22, Tit. 35
12    heading
13    P.A. 100-22, Tit. 99
14    heading
15    765 ILCS 1026/15-101
16    815 ILCS 710/4from Ch. 121 1/2, par. 754
17    305 ILCS 5/5-16.8