Bill Text: IL HB4049 | 2015-2016 | 99th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Statute on Statutes, the Disabled Persons Rehabilitation Act, the Mental Health and Developmental Disabilities Administrative Act, the Illinois Public Aid Code, and other various Acts. Changes all occurrences of "the physically handicapped" to "persons with physical disabilities", changes all occurrences of "the handicapped" or "handicapped persons" or "handicapped individuals" to "persons with disabilities", and changes all occurrences of "handicapping condition" to "disabling condition". Changes all occurrences of "disabled persons" to "persons with disabilities" and changes all occurrences of "the mentally and developmentally disabled" to "persons with mental and developmental disabilities". Changes the title of the "Disabled Persons Rehabilitation Act" and all references to that Act to the "Rehabilitation of Persons with Disabilities Act". Changes the title of other Acts and the names of certain funds. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2015-07-27 - Public Act . . . . . . . . . 99-0143 [HB4049 Detail]

Download: Illinois-2015-HB4049-Enrolled.html

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AN ACT concerning persons with disabilities.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Rule of construction. This Act shall be
construed to make amendments to provisions of State law to
substitute the term "persons with physical disabilities" for
"the physically handicapped" or "the physically disabled";
"persons with disabilities" for "the handicapped" or
"handicapped persons" or "handicapped individuals" or "the
disabled" or "disabled persons" or "disabled individuals";
"persons with developmental disabilities" for "the
developmentally disabled" or "developmentally disabled
persons" or "developmentally disabled individuals"; "permanent
disability" for "permanently disabled"; "total disability" for
"totally disabled"; "total and permanent disability" for
"totally and permanently disabled"; "temporary total
disability" for "temporarily totally disabled"; "permanent
total disability" for "permanently totally disabled"; and
"disabling condition", as appropriate, for "handicapping
condition" without any intent to change the substantive rights,
responsibilities, coverage, eligibility, or definitions
referred to in the amended provisions represented in this Act.
Section 5. The Statute on Statutes is amended by changing

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Sections 1.37 and 1.38 and by adding Sections 1.40, 1.41, and
1.42 as follows:
(5 ILCS 70/1.37)
Sec. 1.37. Intellectual disability. Except where the
context indicates otherwise, in any rule, contract, or other
document a reference to the term "mental retardation" shall be
considered a reference to the term "intellectual disability"
and a reference to a the term "mentally retarded person or a
similar reference " shall be considered a reference to a person
with an intellectual disability the term "intellectually
disabled". The use of either "mental retardation" or
"intellectually disabled", or "mentally retarded" or "person
with an intellectual disability intellectually disabled" shall
not invalidate any rule, contract, or other document.
(Source: P.A. 97-227, eff. 1-1-12.)
(5 ILCS 70/1.38)
Sec. 1.38. Physical disability. Except where the context
indicates otherwise, in any rule, contract, or other document a
reference to a the term "crippled person or a similar reference
" shall be considered a reference to a person with a physical
disability the term "physically disabled" and a reference to
the term "crippling" shall be considered a reference to the
term "physical disability" or "physically disabling", as
appropriate, when referring to a person. The use of either

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"crippled" or "physically disabled", or "crippling" or
"physical disability" shall not invalidate any rule, contract,
or other document.
(Source: P.A. 97-227, eff. 1-1-12.)
(5 ILCS 70/1.40 new)
Sec. 1.40. Persons with disabilities. Except where the
context indicates otherwise, in any rule, contract, or other
document a reference to the term "the physically handicapped"
or "the physically disabled" shall be considered a reference to
the term "persons with physical disabilities"; and a reference
to the term "the handicapped" or "handicapped persons" or
"handicapped individuals" or "the disabled" or "disabled
persons" or "disabled individuals" shall be considered a
reference to the term "persons with disabilities"; and a
reference to the term "handicapping condition" shall be
considered a reference to the term "disabling condition". The
use of either "the physically handicapped" or "the physically
disabled" or "persons with physical disabilities", or "the
handicapped" or "handicapped persons" or "handicapped
individuals" or "the disabled" or "disabled persons" or
"disabled individuals" or "persons with disabilities" or
"handicapping condition" or "disabling condition" shall not
invalidate any rule, contract, or other document.
(5 ILCS 70/1.41 new)

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Sec. 1.41. Permanent disability; total disability. Except
where the context indicates otherwise, in any rule, contract,
or other document a reference to a permanently disabled person
or a similar reference shall be considered a reference to a
person with a permanent disability; and a reference to a
totally disabled person or a similar reference shall be
considered a reference to a person with a total disability; and
a reference to a permanently and totally disabled person or a
similar reference shall be considered a reference to a person
with a permanent and total disability; and a reference to a
totally and permanently disabled person or a similar reference
shall be considered a reference to a person with a total and
permanent disability; and a reference to a permanently totally
disabled person or a similar reference shall be considered a
reference to a person with a permanent total disability; and a
reference to a temporarily totally disabled person or a similar
reference shall be considered a reference to a person with a
temporary total disability. The use of either "permanently
disabled" or "permanent disability" or "totally disabled" or
"total disability" or "permanently and totally disabled" or
"permanent and total disability" or "totally and permanently
disabled" or "total and permanent disability" or "permanently
totally disabled" or "permanent total disability" or
"temporarily totally disabled" or "temporary total disability"
shall not invalidate any rule, contract, or other document.

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

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

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

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do not apply to rules adopted under this subsection (d). The
adoption of emergency rules authorized by this subsection (d)
shall be deemed to be necessary for the public interest,
safety, and welfare.
(e) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2000 budget,
emergency rules to implement any provision of this amendatory
Act of the 91st General Assembly or any other budget initiative
for fiscal year 2000 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (e). The adoption of emergency rules authorized by
this subsection (e) shall be deemed to be necessary for the
public interest, safety, and welfare.
(f) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2001 budget,
emergency rules to implement any provision of this amendatory
Act of the 91st General Assembly or any other budget initiative
for fiscal year 2001 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (f). The adoption of emergency rules authorized by

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this subsection (f) shall be deemed to be necessary for the
public interest, safety, and welfare.
(g) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2002 budget,
emergency rules to implement any provision of this amendatory
Act of the 92nd General Assembly or any other budget initiative
for fiscal year 2002 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (g). The adoption of emergency rules authorized by
this subsection (g) shall be deemed to be necessary for the
public interest, safety, and welfare.
(h) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2003 budget,
emergency rules to implement any provision of this amendatory
Act of the 92nd General Assembly or any other budget initiative
for fiscal year 2003 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (h). The adoption of emergency rules authorized by
this subsection (h) shall be deemed to be necessary for the
public interest, safety, and welfare.

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

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

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rules effective July 1, 2007, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (l) shall be deemed to be necessary for the
public interest, safety, and welfare.
(m) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2008 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2008, including
rules effective July 1, 2008, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (m) shall be deemed to be necessary for the
public interest, safety, and welfare.
(n) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2010 budget, emergency rules to implement any provision of this
amendatory Act of the 96th General Assembly or any other budget

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initiative authorized by the 96th General Assembly for fiscal
year 2010 may be adopted in accordance with this Section by the
agency charged with administering that provision or
initiative. The adoption of emergency rules authorized by this
subsection (n) shall be deemed to be necessary for the public
interest, safety, and welfare. The rulemaking authority
granted in this subsection (n) shall apply only to rules
promulgated during Fiscal Year 2010.
(o) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2011 budget, emergency rules to implement any provision of this
amendatory Act of the 96th General Assembly or any other budget
initiative authorized by the 96th General Assembly for fiscal
year 2011 may be adopted in accordance with this Section by the
agency charged with administering that provision or
initiative. The adoption of emergency rules authorized by this
subsection (o) is deemed to be necessary for the public
interest, safety, and welfare. The rulemaking authority
granted in this subsection (o) applies only to rules
promulgated on or after the effective date of this amendatory
Act of the 96th General Assembly through June 30, 2011.
(p) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 97-689,
emergency rules to implement any provision of Public Act 97-689
may be adopted in accordance with this subsection (p) by the
agency charged with administering that provision or

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

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

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

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

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

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

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

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reserve or voluntary fire fighters, including paid on-call fire
fighters, clerks and dispatchers or other civilian employees of
a fire department or fire protection district who are not
routinely expected to perform fire fighter duties, or elected
officials.
(g-2) "General Assembly of the State of Illinois" means the
legislative branch of the government of the State of Illinois,
as provided for under Article IV of the Constitution of the
State of Illinois, and includes but is not limited to the House
of Representatives, the Senate, the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, the President of the Senate, the Minority
Leader of the Senate, the Joint Committee on Legislative
Support Services and any legislative support services agency
listed in the Legislative Commission Reorganization Act of
1984.
(h) "Governing body" means, in the case of the State, the
State Panel of the Illinois Labor Relations Board, the Director
of the Department of Central Management Services, and the
Director of the Department of Labor; the county board in the
case of a county; the corporate authorities in the case of a
municipality; and the appropriate body authorized to provide
for expenditures of its funds in the case of any other unit of
government.
(i) "Labor organization" means any organization in which
public employees participate and that exists for the purpose,

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

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

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

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

HB4049 Enrolled - 26 - LRB099 03667 KTG 23678 b
Sewage Plant Operator, Water Plant Operator, Stationary
Engineer, Plant Operating Engineer, and any other employee who
holds the position of: Civil Engineer V, Civil Engineer VI,
Civil Engineer VII, Technical Manager I, Technical Manager II,
Technical Manager III, Technical Manager IV, Technical Manager
V, Technical Manager VI, Realty Specialist III, Realty
Specialist IV, Realty Specialist V, Technical Advisor I,
Technical Advisor II, Technical Advisor III, Technical Advisor
IV, or Technical Advisor V employed by the Department of
Transportation who is in a position which is certified in a
bargaining unit on or before the effective date of this
amendatory Act of the 98th General Assembly, and (vi) beginning
on the effective date of this amendatory Act of the 98th
General Assembly and notwithstanding any other provision of
this Act, any mental health administrator in the Department of
Corrections who is classified as or who holds the position of
Public Service Administrator (Option 8K), any employee of the
Office of the Inspector General in the Department of Human
Services who is classified as or who holds the position of
Public Service Administrator (Option 7), any Deputy of
Intelligence in the Department of Corrections who is classified
as or who holds the position of Public Service Administrator
(Option 7), and any employee of the Department of State Police
who handles issues concerning the Illinois State Police Sex
Offender Registry and who is classified as or holds the
position of Public Service Administrator (Option 7), but

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

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

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

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

HB4049 Enrolled - 31 - LRB099 03667 KTG 23678 b
Rehabilitation Act. As of January 29, 2013 (the effective date
of Public Act 97-1158), but not before except as otherwise
provided in this subsection (o), the State shall be considered
the employer of home care and home health workers who function
as personal assistants and individual maintenance home health
workers and who also work under the Home Services Program under
Section 3 of the Rehabilitation of Persons with Disabilities
Disabled Persons Rehabilitation Act, no matter whether the
State provides those services through direct fee-for-service
arrangements, with the assistance of a managed care
organization or other intermediary, or otherwise, but subject
to the limitations set forth in this Act and the Rehabilitation
of Persons with Disabilities Disabled Persons Rehabilitation
Act. The State shall not be considered to be the employer of
home care and home health workers who function as personal
assistants and individual maintenance home health workers and
who also work under the Home Services Program under Section 3
of the Rehabilitation of Persons with Disabilities Disabled
Persons Rehabilitation Act, for any purposes not specifically
provided for in Public Act 93-204 or Public Act 97-1158,
including but not limited to, purposes of vicarious liability
in tort and purposes of statutory retirement or health
insurance benefits. Home care and home health workers who
function as personal assistants and individual maintenance
home health workers and who also work under the Home Services
Program under Section 3 of the Rehabilitation of Persons with

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

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

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

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

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

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

HB4049 Enrolled - 38 - LRB099 03667 KTG 23678 b
than such sworn peace officers upon the effective date of this
amendatory Act of 1990 or upon the expiration date of any
collective bargaining agreement in effect upon the effective
date of this amendatory Act of 1990 covering both such sworn
peace officers and other employees.
(2) Notwithstanding the exclusion of supervisors from
bargaining units as provided in paragraph (1) of this
subsection (s), a public employer may agree to permit its
supervisory employees to form bargaining units and may bargain
with those units. This Act shall apply if the public employer
chooses to bargain under this subsection.
(3) Public employees who are court reporters, as defined in
the Court Reporters Act, shall be divided into 3 units for
collective bargaining purposes. One unit shall be court
reporters employed by the Cook County Judicial Circuit; one
unit shall be court reporters employed by the 12th, 18th, 19th,
and, on and after December 4, 2006, the 22nd judicial circuits;
and one unit shall be court reporters employed by all other
judicial circuits.
(t) "Active petition for certification in a bargaining
unit" means a petition for certification filed with the Board
under one of the following case numbers: S-RC-11-110;
S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;

HB4049 Enrolled - 39 - LRB099 03667 KTG 23678 b
S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
S-RC-07-100.
(Source: P.A. 97-586, eff. 8-26-11; 97-1158, eff. 1-29-13;
97-1172, eff. 4-5-13; 98-100, eff. 7-19-13; 98-1004, eff.
8-18-14.)
Section 20. The Voluntary Payroll Deductions Act of 1983 is
amended by changing Section 3 as follows:
(5 ILCS 340/3) (from Ch. 15, par. 503)
Sec. 3. Definitions. As used in this Act unless the context
otherwise requires:
(a) "Employee" means any regular officer or employee who
receives salary or wages for personal services rendered to the
State of Illinois, and includes an individual hired as an
employee by contract with that individual.
(b) "Qualified organization" means an organization
representing one or more benefiting agencies, which

HB4049 Enrolled - 40 - LRB099 03667 KTG 23678 b
organization is designated by the State Comptroller as
qualified to receive payroll deductions under this Act. An
organization desiring to be designated as a qualified
organization shall:
(1) Submit written or electronic designations on forms
approved by the State Comptroller by 500 or more employees
or State annuitants, in which such employees or State
annuitants indicate that the organization is one for which
the employee or State annuitant intends to authorize
withholding. The forms shall require the name, last 4
digits only of the social security number, and employing
State agency for each employee. Upon notification by the
Comptroller that such forms have been approved, the
organization shall, within 30 days, notify in writing the
Governor or his or her designee of its intention to obtain
the required number of designations. Such organization
shall have 12 months from that date to obtain the necessary
designations and return to the State Comptroller's office
the completed designations, which shall be subject to
verification procedures established by the State
Comptroller;
(2) Certify that all benefiting agencies are tax exempt
under Section 501(c)(3) of the Internal Revenue Code;
(3) Certify that all benefiting agencies are in
compliance with the Illinois Human Rights Act;
(4) Certify that all benefiting agencies are in

HB4049 Enrolled - 41 - LRB099 03667 KTG 23678 b
compliance with the Charitable Trust Act and the
Solicitation for Charity Act;
(5) Certify that all benefiting agencies actively
conduct health or welfare programs and provide services to
individuals directed at one or more of the following common
human needs within a community: service, research, and
education in the health fields; family and child care
services; protective services for children and adults;
services for children and adults in foster care; services
related to the management and maintenance of the home; day
care services for adults; transportation services;
information, referral and counseling services; services to
eliminate illiteracy; the preparation and delivery of
meals; adoption services; emergency shelter care and
relief services; disaster relief services; safety
services; neighborhood and community organization
services; recreation services; social adjustment and
rehabilitation services; health support services; or a
combination of such services designed to meet the special
needs of specific groups, such as children and youth, the
ill and infirm, and persons with physical disabilities the
physically handicapped; and that all such benefiting
agencies provide the above described services to
individuals and their families in the community and
surrounding area in which the organization conducts its
fund drive, or that such benefiting agencies provide relief

HB4049 Enrolled - 42 - LRB099 03667 KTG 23678 b
to victims of natural disasters and other emergencies on a
where and as needed basis;
(6) Certify that the organization has disclosed the
percentage of the organization's total collected receipts
from employees or State annuitants that are distributed to
the benefiting agencies and the percentage of the
organization's total collected receipts from employees or
State annuitants that are expended for fund-raising and
overhead costs. These percentages shall be the same
percentage figures annually disclosed by the organization
to the Attorney General. The disclosure shall be made to
all solicited employees and State annuitants and shall be
in the form of a factual statement on all petitions and in
the campaign's brochures for employees and State
annuitants;
(7) Certify that all benefiting agencies receiving
funds which the employee or State annuitant has requested
or designated for distribution to a particular community
and surrounding area use a majority of such funds
distributed for services in the actual provision of
services in that community and surrounding area;
(8) Certify that neither it nor its member
organizations will solicit State employees for
contributions at their workplace, except pursuant to this
Act and the rules promulgated thereunder. Each qualified
organization, and each participating United Fund, is

HB4049 Enrolled - 43 - LRB099 03667 KTG 23678 b
encouraged to cooperate with all others and with all State
agencies and educational institutions so as to simplify
procedures, to resolve differences and to minimize costs;
(9) Certify that it will pay its share of the campaign
costs and will comply with the Code of Campaign Conduct as
approved by the Governor or other agency as designated by
the Governor; and
(10) Certify that it maintains a year-round office, the
telephone number, and person responsible for the
operations of the organization in Illinois. That
information shall be provided to the State Comptroller at
the time the organization is seeking participation under
this Act.
Each qualified organization shall submit to the State
Comptroller between January 1 and March 1 of each year, a
statement that the organization is in compliance with all of
the requirements set forth in paragraphs (2) through (10). The
State Comptroller shall exclude any organization that fails to
submit the statement from the next solicitation period.
In order to be designated as a qualified organization, the
organization shall have existed at least 2 years prior to
submitting the written or electronic designation forms
required in paragraph (1) and shall certify to the State
Comptroller that such organization has been providing services
described in paragraph (5) in Illinois. If the organization
seeking designation represents more than one benefiting

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

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certification, based upon the qualified organization's
knowledge and belief, and shall pay over to the benefiting
agency those funds previously withheld.
In order to qualify, a qualified organization must receive
250 deduction pledges from the immediately preceding
solicitation period as set forth in Section 6. The Comptroller
shall, by February 1st of each year, so notify any qualified
organization that failed to receive the minimum deduction
requirement. The notification shall give such qualified
organization until March 1st to provide the Comptroller with
documentation that the minimum deduction requirement has been
met. On the basis of all the documentation, the Comptroller
shall, by March 15th of each year, submit to the Governor or
his or her designee, or such other agency as may be determined
by the Governor, a list of all organizations which have met the
minimum payroll deduction requirement. Only those
organizations which have met such requirements, as well as the
other requirements of this Section, shall be permitted to
solicit State employees or State annuitants for voluntary
contributions, and the Comptroller shall discontinue
withholding for any such organization which fails to meet these
requirements, except qualified organizations that received
deduction pledges during the 2004 solicitation period are
deemed to be qualified for the 2005 solicitation period.
(c) "United Fund" means the organization conducting the
single, annual, consolidated effort to secure funds for

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

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

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

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

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

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

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

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

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

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

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

HB4049 Enrolled - 57 - LRB099 03667 KTG 23678 b
temporary disability under the Workers' Compensation Act or
Occupational Disease Act as a result of injuries sustained or
illness contracted in the course of employment with the State
of Illinois, or (3) is not otherwise covered under this Act and
has retired as a participating member under Article 2 of the
Illinois Pension Code but is ineligible for the retirement
annuity under Section 2-119 of the Illinois Pension Code.
However, a person who satisfies the criteria of the foregoing
definition of "employee" except that such person is made
ineligible to participate in the State Universities Retirement
System by clause (4) of subsection (a) of Section 15-107 of the
Illinois Pension Code is also an "employee" for the purposes of
this Act. "Employee" also includes any person receiving or
eligible for benefits under a sick pay plan established in
accordance with Section 36 of the State Finance Act. "Employee"
also includes (i) each officer or employee in the service of a
qualified local government, including persons appointed as
trustees of sanitary districts regardless of hours devoted to
the service of the sanitary district, (ii) each employee in the
service of a qualified rehabilitation facility, (iii) each
full-time employee in the service of a qualified domestic
violence shelter or service, and (iv) each full-time employee
in the service of a qualified child advocacy center, as
determined according to rules promulgated by the Director.
(l) "Member" means an employee, annuitant, retired
employee or survivor. In the case of an annuitant or retired

HB4049 Enrolled - 58 - LRB099 03667 KTG 23678 b
employee who first becomes an annuitant or retired employee on
or after the effective date of this amendatory Act of the 97th
General Assembly, the individual must meet the minimum vesting
requirements of the applicable retirement system in order to be
eligible for group insurance benefits under that system. In the
case of a survivor who first becomes a survivor on or after the
effective date of this amendatory Act of the 97th General
Assembly, the deceased employee, annuitant, or retired
employee upon whom the annuity is based must have been eligible
to participate in the group insurance system under the
applicable retirement system in order for the survivor to be
eligible for group insurance benefits under that system.
(m) "Optional coverages or benefits" means those coverages
or benefits available to the member on his or her voluntary
election, and at his or her own expense.
(n) "Program" means the group life insurance, health
benefits and other employee benefits designed and contracted
for by the Director under this Act.
(o) "Health plan" means a health benefits program offered
by the State of Illinois for persons eligible for the plan.
(p) "Retired employee" means any person who would be an
annuitant as that term is defined herein but for the fact that
such person retired prior to January 1, 1966. Such term also
includes any person formerly employed by the University of
Illinois in the Cooperative Extension Service who would be an
annuitant but for the fact that such person was made ineligible

HB4049 Enrolled - 59 - LRB099 03667 KTG 23678 b
to participate in the State Universities Retirement System by
clause (4) of subsection (a) of Section 15-107 of the Illinois
Pension Code.
(q) "Survivor" means a person receiving an annuity as a
survivor of an employee or of an annuitant. "Survivor" also
includes: (1) the surviving dependent of a person who satisfies
the definition of "employee" except that such person is made
ineligible to participate in the State Universities Retirement
System by clause (4) of subsection (a) of Section 15-107 of the
Illinois Pension Code; (2) the surviving dependent of any
person formerly employed by the University of Illinois in the
Cooperative Extension Service who would be an annuitant except
for the fact that such person was made ineligible to
participate in the State Universities Retirement System by
clause (4) of subsection (a) of Section 15-107 of the Illinois
Pension Code; and (3) the surviving dependent of a person who
was an annuitant under this Act by virtue of receiving an
alternative retirement cancellation payment under Section
14-108.5 of the Illinois Pension Code.
(q-2) "SERS" means the State Employees' Retirement System
of Illinois, created under Article 14 of the Illinois Pension
Code.
(q-3) "SURS" means the State Universities Retirement
System, created under Article 15 of the Illinois Pension Code.
(q-4) "TRS" means the Teachers' Retirement System of the
State of Illinois, created under Article 16 of the Illinois

HB4049 Enrolled - 60 - LRB099 03667 KTG 23678 b
Pension Code.
(q-5) (Blank).
(q-6) (Blank).
(q-7) (Blank).
(r) "Medical services" means the services provided within
the scope of their licenses by practitioners in all categories
licensed under the Medical Practice Act of 1987.
(s) "Unit of local government" means any county,
municipality, township, school district (including a
combination of school districts under the Intergovernmental
Cooperation Act), special district or other unit, designated as
a unit of local government by law, which exercises limited
governmental powers or powers in respect to limited
governmental subjects, any not-for-profit association with a
membership that primarily includes townships and township
officials, that has duties that include provision of research
service, dissemination of information, and other acts for the
purpose of improving township government, and that is funded
wholly or partly in accordance with Section 85-15 of the
Township Code; any not-for-profit corporation or association,
with a membership consisting primarily of municipalities, that
operates its own utility system, and provides research,
training, dissemination of information, or other acts to
promote cooperation between and among municipalities that
provide utility services and for the advancement of the goals
and purposes of its membership; the Southern Illinois

HB4049 Enrolled - 61 - LRB099 03667 KTG 23678 b
Collegiate Common Market, which is a consortium of higher
education institutions in Southern Illinois; the Illinois
Association of Park Districts; and any hospital provider that
is owned by a county that has 100 or fewer hospital beds and
has not already joined the program. "Qualified local
government" means a unit of local government approved by the
Director and participating in a program created under
subsection (i) of Section 10 of this Act.
(t) "Qualified rehabilitation facility" means any
not-for-profit organization that is accredited by the
Commission on Accreditation of Rehabilitation Facilities or
certified by the Department of Human Services (as successor to
the Department of Mental Health and Developmental
Disabilities) to provide services to persons with disabilities
and which receives funds from the State of Illinois for
providing those services, approved by the Director and
participating in a program created under subsection (j) of
Section 10 of this Act.
(u) "Qualified domestic violence shelter or service" means
any Illinois domestic violence shelter or service and its
administrative offices funded by the Department of Human
Services (as successor to the Illinois Department of Public
Aid), approved by the Director and participating in a program
created under subsection (k) of Section 10.
(v) "TRS benefit recipient" means a person who:
(1) is not a "member" as defined in this Section; and

HB4049 Enrolled - 62 - LRB099 03667 KTG 23678 b
(2) is receiving a monthly benefit or retirement
annuity under Article 16 of the Illinois Pension Code; and
(3) either (i) has at least 8 years of creditable
service under Article 16 of the Illinois Pension Code, or
(ii) was enrolled in the health insurance program offered
under that Article on January 1, 1996, or (iii) is the
survivor of a benefit recipient who had at least 8 years of
creditable service under Article 16 of the Illinois Pension
Code or was enrolled in the health insurance program
offered under that Article on the effective date of this
amendatory Act of 1995, or (iv) is a recipient or survivor
of a recipient of a disability benefit under Article 16 of
the Illinois Pension Code.
(w) "TRS dependent beneficiary" means a person who:
(1) is not a "member" or "dependent" as defined in this
Section; and
(2) is a TRS benefit recipient's: (A) spouse, (B)
dependent parent who is receiving at least half of his or
her support from the TRS benefit recipient, or (C) natural,
step, adjudicated, or adopted child who is (i) under age
26, (ii) was, on January 1, 1996, participating as a
dependent beneficiary in the health insurance program
offered under Article 16 of the Illinois Pension Code, or
(iii) age 19 or over who has a mental or physical
disability is mentally or physically disabled from a cause
originating prior to the age of 19 (age 26 if enrolled as

HB4049 Enrolled - 63 - LRB099 03667 KTG 23678 b
an adult child).
"TRS dependent beneficiary" does not include, as indicated
under paragraph (2) of this subsection (w), a dependent of the
survivor of a TRS benefit recipient who first becomes a
dependent of a survivor of a TRS benefit recipient on or after
the effective date of this amendatory Act of the 97th General
Assembly unless that dependent would have been eligible for
coverage as a dependent of the deceased TRS benefit recipient
upon whom the survivor benefit is based.
(x) "Military leave" refers to individuals in basic
training for reserves, special/advanced training, annual
training, emergency call up, activation by the President of the
United States, or any other training or duty in service to the
United States Armed Forces.
(y) (Blank).
(z) "Community college benefit recipient" means a person
who:
(1) is not a "member" as defined in this Section; and
(2) is receiving a monthly survivor's annuity or
retirement annuity under Article 15 of the Illinois Pension
Code; and
(3) either (i) was a full-time employee of a community
college district or an association of community college
boards created under the Public Community College Act
(other than an employee whose last employer under Article
15 of the Illinois Pension Code was a community college

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

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

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

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minorities, and persons with physical disabilities
physically disabled persons employed within the agency
work force;
(ii) the total number of persons employed within the
agency work force receiving levels of State remuneration
within incremental levels of $10,000, and the number and
statistical percentage of minorities, women, and persons
with physical disabilities physically disabled persons in
the agency work force receiving levels of State
remuneration within incremented levels of $10,000;
(iii) the number of open positions of employment or
advancement in the agency work force, reported on a fiscal
year basis;
(iv) the number and percentage of open positions of
employment or advancement in the agency work force filled
by minorities, women, and persons with physical
disabilities physically disabled persons, reported on a
fiscal year basis;
(v) the total number of persons employed within the
agency work force as professionals, and the number and
percentage of minorities, women, and persons with physical
disabilities physically disabled persons employed within
the agency work force as professional employees; and
(vi) the total number of persons employed within the
agency work force as contractual service employees, and the
number and percentage of minorities, women, and persons

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

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

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

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members of the General Assembly are elected. "General primary
election", "consolidated election" and "consolidated primary
election" mean the respective elections or the election dates
designated and established in Article 2A of this Code.
5. "Municipal election" means an election or primary,
either regular or special, in cities, villages, and
incorporated towns; and "municipality" means any such city,
village or incorporated town.
6. "Political or governmental subdivision" means any unit
of local government, or school district in which elections are
or may be held. "Political or governmental subdivision" also
includes, for election purposes, Regional Boards of School
Trustees, and Township Boards of School Trustees.
7. The word "township" and the word "town" shall apply
interchangeably to the type of governmental organization
established in accordance with the provisions of the Township
Code. The term "incorporated town" shall mean a municipality
referred to as an incorporated town in the Illinois Municipal
Code, as now or hereafter amended.
8. "Election authority" means a county clerk or a Board of
Election Commissioners.
9. "Election Jurisdiction" means (a) an entire county, in
the case of a county in which no city board of election
commissioners is located or which is under the jurisdiction of
a county board of election commissioners; (b) the territorial
jurisdiction of a city board of election commissioners; and (c)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Upon receipt of such application the Board of Election
Commissioners shall immediately mail an affidavit of
registration in duplicate, which affidavit shall contain the
following and such other information as the State Board of
Elections may think it proper to require for the identification
of the applicant:
Name. The name of the applicant, giving surname and first
or Christian name in full, and the middle name or the initial
for such middle name, if any.
Sex.
Residence. The name and number of the street, avenue or
other location of the dwelling, and such additional clear and
definite description as may be necessary to determine the exact
location of the dwelling of the applicant. Where the location
cannot be determined by street and number, then the section,
congressional township and range number may be used, or such
other information as may be necessary, including post office
mailing address.
Electronic mail address, if the registrant has provided
this information.
Term of residence in the State of Illinois and the
precinct.
Nativity. The state or country in which the applicant was
born.
Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of

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naturalization.
Age. Date of birth, by month, day and year.
Out of State address of ..................
AFFIDAVIT OF REGISTRATION
State of .........)
) ss.
County of ........)
I hereby swear (or affirm) that I am a citizen of the
United States; that on the day of the next election I shall
have resided in the State of Illinois and in the election
precinct 30 days; that I am fully qualified to vote, that I am
not registered to vote anywhere else in the United States, that
I intend to remain a resident of the State of Illinois, and of
the election precinct, that I intend to return to the State of
Illinois, and that the above statements are true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me, an officer qualified to
administer oaths, on (insert date).
........................................
Signature of officer administering oath.
Upon receipt of the executed duplicate affidavit of
Registration, the Board of Election Commissioners shall
transfer the information contained thereon to duplicate
Registration Cards provided for in Section 6-35 of this Article
and shall attach thereto a copy of each of the duplicate

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

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

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registration is being conducted prior to any election then
registration may be taken in the office of the board up to and
including the 28th day prior to such election. In any election
called for the submission of the revision or alteration of, or
the amendments to the Constitution, submitted by a
Constitutional Convention, the final day for registration at
the office of the election authority charged with the printing
of the ballot of this election shall be the 15th day prior to
the date of election.
The Board of Election Commissioners shall appoint one or
more registration teams, each consisting of one member from
each of the 2 leading political parties, for the purpose of
accepting the registration of any voter who files an affidavit,
within the period for taking registrations provided for in this
Article, that he is physically unable to appear at the office
of the Board or at any appointed place of registration. On the
day or days when a precinct registration is being conducted
such teams shall consist of one member from each of the 2
leading political parties who are serving on the precinct
registration board. Each team so designated shall visit each
person with a disability disabled person and shall accept the
registration of such person the same as if he had applied for
registration in person.
The office of the board of election commissioners may be
designated as a place of registration under Section 6-51 of
this Article and, if so designated, may also be open for

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

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the list of addresses of precinct polling places for the
consolidated primary unless such list is separately published
by the election authority not less than 10 days before the
consolidated primary.
In counties, municipalities, or towns having fewer than
500,000 inhabitants notice of the general primary shall be
published once in two or more newspapers published in the
county, municipality or town, as the case may be, or if there
is no such newspaper, then in any two or more newspapers
published in the county and having a general circulation
throughout the community.
In counties, municipalities, or towns having 500,000 or
more inhabitants notice of the general primary shall be
published at least 15 days prior to the primary by the same
authorities and in the same manner as notice of election for
general elections are required to be published in counties,
municipalities or towns of 500,000 or more inhabitants under
this Act.
Notice of the consolidated primary shall be published once
in one or more newspapers published in each political
subdivision having such primary, and if there is no such
newspaper, then published once in a local, community newspaper
having general circulation in the subdivision, and also once in
a newspaper published in the county wherein the political
subdivisions, or portions thereof, having such primary are
situated.

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

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

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Sec. 11-4.1. (a) In appointing polling places under this
Article, the county board or board of election commissioners
shall, insofar as they are convenient and available, use
schools and other public buildings as polling places.
(b) Upon request of the county board or board of election
commissioners, the proper agency of government (including
school districts and units of local government) shall make a
public building under its control available for use as a
polling place on an election day and for a reasonably necessary
time before and after election day, without charge. If the
county board or board of election commissioners chooses a
school to be a polling place, then the school district must
make the school available for use as a polling place. However,
for the day of the election, a school district is encouraged to
(i) close the school or (ii) hold a teachers institute on that
day with students not in attendance.
(c) A government agency which makes a public building under
its control available for use as a polling place shall (i)
ensure the portion of the building to be used as the polling
place is accessible to voters with disabilities handicapped and
elderly voters and (ii) allow the election authority to
administer the election as authorized under this Code.
(d) If a qualified elector's precinct polling place is a
school and the elector will be unable to enter that polling
place without violating Section 11-9.3 of the Criminal Code of
2012 because the elector is a child sex offender as defined in

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

HB4049 Enrolled - 99 - LRB099 03667 KTG 23678 b
place is accessible to voters with disabilities handicapped and
elderly voters and (ii) allow the election authority to
administer the election as authorized under this Code.
(d) If a qualified elector's precinct polling place is a
school and the elector will be unable to enter that polling
place without violating Section 11-9.3 of the Criminal Code of
2012 because the elector is a child sex offender as defined in
Section 11-9.3 of the Criminal Code of 2012, that elector may
vote by a vote by mail ballot in accordance with Article 19 of
this Code or may vote early in accordance with Article 19A of
this Code.
(Source: P.A. 97-1150, eff. 1-25-13; 98-773, eff. 7-18-14;
98-1171, eff. 6-1-15.)
(10 ILCS 5/11-4.2) (from Ch. 46, par. 11-4.2)
Sec. 11-4.2. (a) Except as otherwise provided in subsection
(b) all polling places shall be accessible to voters with
disabilities handicapped and elderly voters, as determined by
rule of the State Board of Elections.
(b) Subsection (a) of this Section shall not apply to a
polling place (1) in the case of an emergency, as determined by
the State Board of Elections; or (2) if the State Board of
Elections (A) determines that all potential polling places have
been surveyed and no such accessible place is available, nor is
the election authority able to make one accessible; and (B)
assures that any voter with a disability handicapped or elderly

HB4049 Enrolled - 100 - LRB099 03667 KTG 23678 b
voter assigned to an inaccessible polling place, upon advance
request of such voter (pursuant to procedures established by
rule of the State Board of Elections) will be provided with an
alternative means for casting a ballot on the day of the
election or will be assigned to an accessible polling place.
(c) No later than December 31 of each even numbered year,
the State Board of Elections shall report to the Federal
Election Commission the number of accessible and inaccessible
polling places in the State on the date of the next preceding
general election, and the reasons for any instance of
inaccessibility.
(Source: P.A. 84-808.)
(10 ILCS 5/11-4.3) (from Ch. 46, par. 11-4.3)
Sec. 11-4.3. All polling places and permanent registration
facilities shall have available registration and voting aids
for persons with disabilities handicapped and elderly
individuals including instructions, printed in large type,
conspicuously displayed.
(Source: P.A. 84-808.)
(10 ILCS 5/12-1) (from Ch. 46, par. 12-1)
(Text of Section before amendment by P.A. 98-1171)
Sec. 12-1. At least 60 days prior to each general and
consolidated election, the election authority shall provide
public notice, calculated to reach elderly voters and voters

HB4049 Enrolled - 101 - LRB099 03667 KTG 23678 b
with disabilities and handicapped voters, of the availability
of registration and voting aids under the Federal Voting
Accessibility for the Elderly and Handicapped Act, of the
availability of assistance in marking the ballot, procedures
for voting by absentee ballot, and procedures for voting early
by personal appearance.
At least 30 days before any general election, and at least
20 days before any special congressional election, the county
clerk shall publish a notice of the election in 2 or more
newspapers published in the county, city, village,
incorporated town or town, as the case may be, or if there is
no such newspaper, then in any 2 or more newspapers published
in the county and having a general circulation throughout the
community. The notice may be substantially as follows:
Notice is hereby given that on (give date), at (give the
place of holding the election and the name of the precinct or
district) in the county of (name county), an election will be
held for (give the title of the several offices to be filled),
which election will be open at 6:00 a.m. and continued open
until 7:00 p.m. of that day.
Dated at .... on (insert date).
(Source: P.A. 94-645, eff. 8-22-05.)
(Text of Section after amendment by P.A. 98-1171)
Sec. 12-1. At least 60 days prior to each general and
consolidated election, the election authority shall provide

HB4049 Enrolled - 102 - LRB099 03667 KTG 23678 b
public notice, calculated to reach elderly voters and voters
with disabilities and handicapped voters, of the availability
of registration and voting aids under the Federal Voting
Accessibility for the Elderly and Handicapped Act, of the
availability of assistance in marking the ballot, procedures
for voting by vote by mail ballot, and procedures for voting
early by personal appearance.
At least 30 days before any general election, and at least
20 days before any special congressional election, the county
clerk shall publish a notice of the election in 2 or more
newspapers published in the county, city, village,
incorporated town or town, as the case may be, or if there is
no such newspaper, then in any 2 or more newspapers published
in the county and having a general circulation throughout the
community. The notice may be substantially as follows:
Notice is hereby given that on (give date), at (give the
place of holding the election and the name of the precinct or
district) in the county of (name county), an election will be
held for (give the title of the several offices to be filled),
which election will be open at 6:00 a.m. and continued open
until 7:00 p.m. of that day.
Dated at .... on (insert date).
(Source: P.A. 98-1171, eff. 6-1-15.)
(10 ILCS 5/17-13) (from Ch. 46, par. 17-13)
Sec. 17-13. (a) In the case of an emergency, as determined

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

HB4049 Enrolled - 104 - LRB099 03667 KTG 23678 b
requests.
Weather permitting, 2 judges of election shall deliver to
the voter with a disability disabled voter the ballot which he
or she is entitled to vote, a portable voting booth or other
enclosure that will allow such voter to mark his or her ballot
in secrecy, and a marking device.
(c) The voter must complete the entire voting process,
including the application for ballot from which the judges of
election shall compare the voter's signature with the signature
on his or her registration record card in the precinct binder.
After the voter has marked his or her ballot and placed it
in the ballot envelope (or folded it in the manner prescribed
for paper ballots), the 2 judges of election shall return the
ballot to the polling place and give it to the judge in charge
of the ballot box who shall deposit it therein.
Pollwatchers as provided in Sections 7-34 and 17-23 of this
Code shall be permitted to accompany the judges and observe the
above procedure.
No assistance may be given to such voter in marking his or
her ballot, unless the voter requests assistance and completes
the affidavit required by Section 17-14 of this Code.
(Source: P.A. 84-808.)
(10 ILCS 5/17-14) (from Ch. 46, par. 17-14)
Sec. 17-14. Any voter who declares upon oath, properly
witnessed and with his or her signature or mark affixed, that

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

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

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

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

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

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In the case of a voter with a physical incapacity, marking
a ballot in secret includes marking a ballot with the
assistance of another individual, other than a candidate whose
name appears on the ballot (unless the voter is the spouse or a
parent, child, brother, or sister of the candidate), the
voter's employer, an agent of that employer, or an officer or
agent of the voter's union, when the voter's physical
incapacity necessitates such assistance.
In the case of a physically incapacitated voter, marking a
ballot in secret includes marking a ballot with the assistance
of another individual, other than a candidate whose name
appears on the ballot (unless the voter is the spouse or a
parent, child, brother, or sister of the candidate), the
voter's employer, an agent of that employer, or an officer or
agent of the voter's union, when the voter's physical
incapacity necessitates such assistance.
Provided, that if the ballot enclosed is to be voted at a
primary election, the certification shall designate the name of
the political party with which the voter is affiliated.
In addition to the above, the election authority shall
provide printed slips giving full instructions regarding the
manner of marking and returning the ballot in order that the
same may be counted, and shall furnish one of such printed
slips to each of such applicants at the same time the ballot is
delivered to him. Such instructions shall include the following
statement: "In signing the certification on the absentee ballot

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

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

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

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

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

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

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

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

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

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

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

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

HB4049 Enrolled - 123 - LRB099 03667 KTG 23678 b
hospital, or facility located in Illinois or (ii) a facility
licensed under the ID/DD Community Care Act or the Specialized
Mental Health Rehabilitation Act of 2013. For the purposes of
this Section, "federally operated veterans' home, hospital, or
facility" means the long-term care facilities at the Jesse
Brown VA Medical Center, Illiana Health Care System, Edward
Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain
James A. Lovell Federal Health Care Center.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275,
eff. 1-1-12; 97-813, eff. 7-13-12; 97-1064, eff. 1-1-13;
98-104, eff. 7-22-13; 98-1171, eff. 6-1-15.)
(10 ILCS 5/19A-21)
Sec. 19A-21. Use of local public buildings for early voting
polling places. Upon request by an election authority, a unit
of local government (as defined in Section 1 of Article VII of
the Illinois Constitution, which does not include school
districts) shall make the unit's public buildings within the
election authority's jurisdiction available as permanent or
temporary early voting polling places without charge.
Availability of a building shall include reasonably necessary
time before and after the period early voting is conducted at
that building.
A unit of local government making its public building
available as a permanent or temporary early voting polling
place shall ensure that any portion of the building made

HB4049 Enrolled - 124 - LRB099 03667 KTG 23678 b
available is accessible to voters with disabilities
handicapped and elderly voters.
(Source: P.A. 94-1000, eff. 7-3-06.)
(10 ILCS 5/19A-40)
Sec. 19A-40. Enclosure of ballots in envelope. It is the
duty of the election judge or official to fold the ballot or
ballots in the manner specified by the statute for folding
ballots prior to their deposit in the ballot box, and to
enclose the ballot or ballots in an envelope unsealed to be
furnished by him or her, which envelope shall bear upon the
face thereof the name, official title, and post office address
of the election authority, and upon the other side a printed
certification in substantially the following form:
I state that I am a resident of the .... precinct of the
(1) *township of .... (2) *City of .... or (3) *.... ward in
the city of .... residing at .... in that city or town in the
county of .... and State of Illinois, that I have lived at that
address for .... months last past; that I am lawfully entitled
to vote in that precinct at the .... election to be held on
.... .
*fill in either (1), (2) or (3).
I further state that I personally marked the enclosed
ballot in secret.
Under penalties of perjury as provided by law pursuant to
Section 29-10 of the Election Code, the undersigned certifies

HB4049 Enrolled - 125 - LRB099 03667 KTG 23678 b
that the statements set forth in this certification are true
and correct.
.......................
If the ballot enclosed is to be voted at a primary
election, the certification shall designate the name of the
political party with which the voter is affiliated.
In addition to the above, the election authority shall
provide printed slips giving full instructions regarding the
manner of marking and returning the ballot in order that the
same may be counted, and shall furnish one of the printed slips
to each of such applicants at the same time the ballot is
delivered to him or her. The instructions shall include the
following statement: "In signing the certification on the early
ballot envelope, you are attesting that you personally marked
this early ballot in secret. If you are physically unable to
mark the ballot, a friend or relative may assist you. Federal
and State laws prohibit your employer, your employer's agent,
or an officer or agent of your union from assisting voters with
physical disabilities physically disabled voters."
In addition to the above, if a ballot to be provided to a
voter pursuant to this Section contains a public question
described in subsection (b) of Section 28-6 and the territory
concerning which the question is to be submitted is not
described on the ballot due to the space limitations of the
ballot, the election authority shall provide a printed copy of
a notice of the public question, which shall include a

HB4049 Enrolled - 126 - LRB099 03667 KTG 23678 b
description of the territory in the manner required by Section
16-7. The notice shall be furnished to the voter at the same
time the ballot is delivered to the voter.
(Source: P.A. 94-645, eff. 8-22-05.)
(10 ILCS 5/24-9) (from Ch. 46, par. 24-9)
Sec. 24-9. Assistance to illiterate voters and voters with
disabilities and disabled voters shall be given in accordance
with the provisions in Section 17-14 of this Act.
(Source: Laws 1943, vol. 2, p. 1.)
(10 ILCS 5/24C-11)
(Text of Section before amendment by P.A. 98-1171)
Sec. 24C-11. Functional requirements. A Direct Recording
Electronic Voting System shall, in addition to satisfying the
other requirements of this Article, fulfill the following
functional requirements:
(a) Provide a voter in a primary election with the means of
casting a ballot containing votes for any and all candidates of
the party or parties of his or her choice, and for any and all
non-partisan candidates and public questions and preclude the
voter from voting for any candidate of any other political
party except when legally permitted. In a general election, the
system shall provide the voter with means of selecting the
appropriate number of candidates for any office, and of voting
on any public question on the ballot to which he or she is

HB4049 Enrolled - 127 - LRB099 03667 KTG 23678 b
entitled to vote.
(b) If a voter is not entitled to vote for particular
candidates or public questions appearing on the ballot, the
system shall prevent the selection of the prohibited votes.
(c) Once the proper ballot has been selected, the system
devices shall provide a means of enabling the recording of
votes and the casting of said ballot.
(d) System voting devices shall provide voting choices that
are clear to the voter and labels indicating the names of every
candidate and the text of every public question on the voter's
ballot. Each label shall identify the selection button or
switch, or the active area of the ballot associated with it.
The system shall be able to incorporate minimal, easy-to-follow
on-screen instruction for the voter on how to cast a ballot.
(e) Voting devices shall (i) enable the voter to vote for
any and all candidates and public questions appearing on the
ballot for which the voter is lawfully entitled to vote, in any
legal number and combination; (ii) detect and reject all votes
for an office or upon a public question when the voter has cast
more votes for the office or upon the public question than the
voter is entitled to cast; (iii) notify the voter if the
voter's choices as recorded on the ballot for an office or
public question are fewer than or exceed the number that the
voter is entitled to vote for on that office or public question
and the effect of casting more or fewer votes than legally
permitted; (iv) notify the voter if the voter has failed to

HB4049 Enrolled - 128 - LRB099 03667 KTG 23678 b
completely cast a vote for an office or public question
appearing on the ballot; and (v) permit the voter, in a private
and independent manner, to verify the votes selected by the
voter, to change the ballot or to correct any error on the
ballot before the ballot is completely cast and counted. A
means shall be provided to indicate each selection after it has
been made or canceled.
(f) System voting devices shall provide a means for the
voter to signify that the selection of candidates and public
questions has been completed. Upon activation, the system shall
record an image of the completed ballot, increment the proper
ballot position registers, and shall signify to the voter that
the ballot has been cast. The system shall then prevent any
further attempt to vote until it has been reset or re-enabled
by a judge of election.
(g) Each system voting device shall be equipped with a
public counter that can be set to zero prior to the opening of
the polling place, and that records the number of ballots cast
at a particular election. The counter shall be incremented only
by the casting of a ballot. The counter shall be designed to
prevent disabling or resetting by other than authorized persons
after the polls close. The counter shall be visible to all
judges of election so long as the device is installed at the
polling place.
(h) Each system voting device shall be equipped with a
protective counter that records all of the testing and election

HB4049 Enrolled - 129 - LRB099 03667 KTG 23678 b
ballots cast since the unit was built. This counter shall be
designed so that its reading cannot be changed by any cause
other than the casting of a ballot. The protective counter
shall be incapable of ever being reset and it shall be visible
at all times when the device is configured for testing,
maintenance, or election use.
(i) All system devices shall provide a means of preventing
further voting once the polling place has closed and after all
eligible voters have voted. Such means of control shall
incorporate a visible indication of system status. Each device
shall prevent any unauthorized use, prevent tampering with
ballot labels and preclude its re-opening once the poll closing
has been completed for that election.
(j) The system shall produce a printed summary report of
the votes cast upon each voting device. Until the proper
sequence of events associated with closing the polling place
has been completed, the system shall not allow the printing of
a report or the extraction of data. The printed report shall
also contain all system audit information to be required by the
election authority. Data shall not be altered or otherwise
destroyed by report generation and the system shall ensure the
integrity and security of data for a period of at least 6
months after the polls close.
(k) If more than one voting device is used in a polling
place, the system shall provide a means to manually or
electronically consolidate the data from all such units into a

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

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

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

HB4049 Enrolled - 133 - LRB099 03667 KTG 23678 b
system shall provide the voter with means of selecting the
appropriate number of candidates for any office, and of voting
on any public question on the ballot to which he or she is
entitled to vote.
(b) If a voter is not entitled to vote for particular
candidates or public questions appearing on the ballot, the
system shall prevent the selection of the prohibited votes.
(c) Once the proper ballot has been selected, the system
devices shall provide a means of enabling the recording of
votes and the casting of said ballot.
(d) System voting devices shall provide voting choices that
are clear to the voter and labels indicating the names of every
candidate and the text of every public question on the voter's
ballot. Each label shall identify the selection button or
switch, or the active area of the ballot associated with it.
The system shall be able to incorporate minimal, easy-to-follow
on-screen instruction for the voter on how to cast a ballot.
(e) Voting devices shall (i) enable the voter to vote for
any and all candidates and public questions appearing on the
ballot for which the voter is lawfully entitled to vote, in any
legal number and combination; (ii) detect and reject all votes
for an office or upon a public question when the voter has cast
more votes for the office or upon the public question than the
voter is entitled to cast; (iii) notify the voter if the
voter's choices as recorded on the ballot for an office or
public question are fewer than or exceed the number that the

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Sec. 23.9. Minority Contractor Opportunity Initiative. The
State Comptroller Minority Contractor Opportunity Initiative
is created to provide greater opportunities for minority-owned
businesses, female-owned businesses, businesses owned by
persons with disabilities, and small businesses with 20 or
fewer employees in this State to participate in the State
procurement process. The initiative shall be administered by
the Comptroller. Under this initiative, the Comptroller is
responsible for the following: (i) outreach to minority-owned
businesses, female-owned businesses, businesses owned by
persons with disabilities, and small businesses capable of
providing services to the State; (ii) education of
minority-owned businesses, female-owned businesses, businesses
owned by persons with disabilities, and small businesses
concerning State contracting and procurement; (iii)
notification of minority-owned businesses, female-owned
businesses, businesses owned by persons with disabilities, and
small businesses of State contracting opportunities; and (iv)
maintenance of an online database of State contracts that
identifies the contracts awarded to minority-owned businesses,
female-owned businesses, businesses owned by persons with
disabilities, and small businesses that includes the total
amount paid by State agencies to contractors and the percentage
paid to minority-owned businesses, female-owned businesses,
businesses owned by persons with disabilities, and small
businesses.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

HB4049 Enrolled - 198 - LRB099 03667 KTG 23678 b
so by his or her employing agency. Information gathered to
effect such certification shall include (i) the person's name,
(ii) the date the person was hired by his or her current
employer, and (iii) the training, including dates and levels.
Persons engaged in the program authorized by this Section
before the effective date of this amendatory Act of 1991 shall
be issued a certificate of all pre- and in-service training
from his or her employer upon submitting the necessary
information. The employing agency shall be required to retain
records of all staff pre- and in-service training, and shall
provide such records to the Department upon request and upon
termination of the employer's contract with the Department. In
addition, the employing agency is responsible for the issuance
of certifications of in-service training completed to their
employees.
The Department is required to develop a system to ensure
that persons working as home care aides and personal assistants
receive increases in their wages when the federal minimum wage
is increased by requiring vendors to certify that they are
meeting the federal minimum wage statute for home care aides
and personal assistants. An employer that cannot ensure that
the minimum wage increase is being given to home care aides and
personal assistants shall be denied any increase in
reimbursement costs.
The Community Care Program Advisory Committee is created in
the Department on Aging. The Director shall appoint individuals

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

HB4049 Enrolled - 219 - LRB099 03667 KTG 23678 b
requirements of Section 2-27 of the Illinois State Auditing
Act; or (ii) beginning June 1, 2014, if the Auditor General has
reported that the Department has not undertaken the required
actions listed in the report required by subsection (a) of
Section 2-27 of the Illinois State Auditing Act.
The Department shall implement co-payments for the
Community Care Program at the federally allowable maximum level
(i) beginning August 1, 2013, if the Auditor General has
reported that the Department has failed to comply with the
reporting requirements of Section 2-27 of the Illinois State
Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
General has reported that the Department has not undertaken the
required actions listed in the report required by subsection
(a) of Section 2-27 of the Illinois State Auditing Act.
The Department shall provide a bi-monthly report on the
progress of the Community Care Program reforms set forth in
this amendatory Act of the 98th General Assembly to the
Governor, the Speaker of the House of Representatives, the
Minority Leader of the House of Representatives, the President
of the Senate, and the Minority Leader of the Senate.
The Department shall conduct a quarterly review of Care
Coordination Unit performance and adherence to service
guidelines. The quarterly review shall be reported to the
Speaker of the House of Representatives, the Minority Leader of
the House of Representatives, the President of the Senate, and
the Minority Leader of the Senate. The Department shall collect

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

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

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

HB4049 Enrolled - 223 - LRB099 03667 KTG 23678 b
Transit Authority Act, and the Regional Transportation
Authority Act.
(b) The Department shall establish the manner by which
claimants shall apply for these benefits. The Department is
authorized to promulgate rules regarding the following
matters: the application cycle; the application process; the
content for an electronic application; required personal
identification information; acceptable proof of eligibility as
to age, disability status, marital status, residency, and
household income limits; household composition; calculating
income; use of social security numbers; duration of eligibility
determinations; and any other matters necessary for such
administrative operations.
(c) All information received by the Department from an
application or from any investigation to determine eligibility
for benefits shall be confidential, except for official
purposes.
(d) A person may not under any circumstances charge a fee
to a claimant for assistance in completing an application form
for these benefits.
(Source: P.A. 98-887, eff. 8-15-14.)
Section 110. The Illinois AgrAbility Act is amended by
changing Section 15 as follows:
(20 ILCS 235/15)

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

HB4049 Enrolled - 225 - LRB099 03667 KTG 23678 b
Program shall cooperate and share resources, facilities, and
employees with AgrAbility Unlimited, the University of
Illinois Extension, and the Office of Rehabilitation Services
of the Department of Human Services.
The costs of the program, including any related
administrative expenses from the Department, may be paid from
any funds specifically appropriated or otherwise available to
the Department for that purpose. The Department may pay the
costs of the Illinois AgrAbility program by making grants to
the operating entity, by making grants directly to service
providers, by paying reimbursements for services provided, or
in any other appropriate manner.
(c) The Department has the power to enter into any
agreements that are necessary and appropriate for the
establishment, operation, and funding of the Illinois
AgrAbility Program. The Department may adopt any rules that it
determines necessary for the establishment, operation, and
funding of the Illinois AgrAbility Program.
(Source: P.A. 94-216, eff. 7-14-05.)
Section 115. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by changing Section 30-5 as follows:
(20 ILCS 301/30-5)
Sec. 30-5. Patients' rights established.
(a) For purposes of this Section, "patient" means any

HB4049 Enrolled - 226 - LRB099 03667 KTG 23678 b
person who is receiving or has received intervention, treatment
or aftercare services under this Act.
(b) No patient who is receiving or who has received
intervention, treatment or aftercare services under this Act
shall be deprived of any rights, benefits, or privileges
guaranteed by law, the Constitution of the United States of
America, or the Constitution of the State of Illinois solely
because of his status as a patient of a program.
(c) Persons who abuse or are dependent on alcohol or other
drugs who are also suffering from medical conditions shall not
be discriminated against in admission or treatment by any
hospital which receives support in any form from any program
supported in whole or in part by funds appropriated to any
State department or agency.
(d) Every patient shall have impartial access to services
without regard to race, religion, sex, ethnicity, age or
disability handicap.
(e) Patients shall be permitted the free exercise of
religion.
(f) Every patient's personal dignity shall be recognized in
the provision of services, and a patient's personal privacy
shall be assured and protected within the constraints of his
individual treatment plan.
(g) Treatment services shall be provided in the least
restrictive environment possible.
(h) Each patient shall be provided an individual treatment

HB4049 Enrolled - 227 - LRB099 03667 KTG 23678 b
plan, which shall be periodically reviewed and updated as
necessary.
(i) Every patient shall be permitted to participate in the
planning of his total care and medical treatment to the extent
that his condition permits.
(j) A person shall not be denied treatment solely because
he has withdrawn from treatment against medical advice on a
prior occasion or because he has relapsed after earlier
treatment or, when in medical crisis, because of inability to
pay.
(k) The patient in treatment shall be permitted visits by
family and significant others, unless such visits are
clinically contraindicated.
(l) A patient in treatment shall be allowed to conduct
private telephone conversations with family and friends unless
clinically contraindicated.
(m) A patient shall be permitted to send and receive mail
without hindrance, unless clinically contraindicated.
(n) A patient shall be permitted to manage his own
financial affairs unless he or his guardian, or if the patient
is a minor, his parent, authorizes another competent person to
do so.
(o) A patient shall be permitted to request the opinion of
a consultant at his own expense, or to request an in-house
review of a treatment plan, as provided in the specific
procedures of the provider. A treatment provider is not liable

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

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

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

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

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

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

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

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

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

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

HB4049 Enrolled - 238 - LRB099 03667 KTG 23678 b
considering programmatic requirements, availability of vacant
State-owned space, the cost-benefits of purchasing or
constructing new space, and other criteria as he or she shall
determine. The Director shall not permit multiple leases for
less than 10,000 square feet to be executed in order to evade
this provision.
(g) To develop and implement, in cooperation with the
Interagency Energy Conservation Committee, a system for
evaluating energy consumption in facilities leased by the
Department, and to develop energy consumption standards for use
in evaluating prospective lease sites.
(h) (1) After June 1, 1998 (the effective date of Public
Act 90-520), the Department shall not enter into an
agreement for the installment purchase or lease purchase of
buildings, land, or facilities unless:
(A) the using agency certifies to the Department
that the agency reasonably expects that the building,
land, or facilities being considered for purchase will
meet a permanent space need;
(B) the building or facilities will be
substantially occupied by State agencies after
purchase (or after acceptance in the case of a build to
suit);
(C) the building or facilities shall be in new or
like new condition and have a remaining economic life
exceeding the term of the contract;

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

HB4049 Enrolled - 240 - LRB099 03667 KTG 23678 b
payment plans; and
(B) that a purchase price must not exceed the fair
market value of the buildings, land, or facilities and
that the purchase price must be substantiated by an
appraisal or by a competitive selection process.
(3) If the Department intends to enter into an
installment purchase or lease purchase agreement for
buildings, land, or facilities under circumstances that do
not satisfy the conditions specified by this Section, it
must issue a notice to the Secretary of the Senate and the
Clerk of the House. The notice shall contain (i) specific
details of the State's proposed purchase, including the
amounts, purposes, and financing terms; (ii) a specific
description of how the proposed purchase varies from the
procedures set forth in this Section; and (iii) a specific
justification, signed by the Director, stating why it is in
the State's best interests to proceed with the purchase.
The Department may not proceed with such an installment
purchase or lease purchase agreement if, within 60 calendar
days after delivery of the notice, the General Assembly, by
joint resolution, disapproves the transaction. Delivery
may take place on a day and at an hour when the Senate and
House are not in session so long as the offices of
Secretary and Clerk are open to receive the notice. In
determining the 60-day period within which the General
Assembly must act, the day on which delivery is made to the

HB4049 Enrolled - 241 - LRB099 03667 KTG 23678 b
Senate and House shall not be counted. If delivery of the
notice to the 2 houses occurs on different days, the 60-day
period shall begin on the day following the later delivery.
(4) On or before February 15 of each year, the
Department shall submit an annual report to the Director of
the Governor's Office of Management and Budget and the
General Assembly regarding installment purchases or lease
purchases of buildings, land, or facilities that were
entered into during the preceding calendar year. The report
shall include a summary statement of the aggregate amount
of the State's obligations under those purchases; specific
details pertaining to each purchase, including the
amounts, purposes, and financing terms and payment
schedule for each purchase; and any other matter that the
Department deems advisable.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report with the
Auditor General, the Speaker, the Minority Leader, and the
Clerk of the House of Representatives and the President,
the Minority Leader, and the Secretary of the Senate, the
Chairs of the Appropriations Committees, and the
Legislative Research Unit, as required by Section 3.1 of
the General Assembly Organization Act, and filing
additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.

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

HB4049 Enrolled - 243 - LRB099 03667 KTG 23678 b
television stations licensed by the Federal Communications
Commission as educational radio or educational television
stations, museums attended by the public, and libraries serving
free all residents of a community, district, State, or region,
which are exempt from taxation under Section 501 of the
Internal Revenue Code of 1954, for purposes of education or
public health, including research for any such purpose; and for
such other purposes as may now or hereafter be authorized by
Federal law; (2) to warehouse such property; or if so requested
by the recipient, to arrange shipment of that property, when
acquired, directly to the recipient.
(b) The State Agency for Federal Surplus Property is hereby
authorized to receive applications from eligible health and
educational institutions for the acquisition of Federal
surplus real property, investigate the same, obtain expression
of views respecting such applications from the appropriate
health or educational authorities of the State, make
recommendations regarding the need of such applicant for the
property, the merits of its proposed program of utilization,
the suitability of the property for such purposes, and
otherwise assist in the processing of such applications for
acquisition of real and related personal property of the United
States under paragraph (k) of Section 203 of the Federal Act.
(c) For the purpose of executing its authority under this
Act, the State Agency for Federal Surplus Property is
authorized and empowered to adopt, amend, or rescind such rules

HB4049 Enrolled - 244 - LRB099 03667 KTG 23678 b
and regulations and prescribe such requirements as may be
deemed necessary; and take such other action as is deemed
necessary and suitable, in the administration of this Act, and
to provide for the fair and equitable distribution of property
within the State based on the relative needs and resources of
interested public agencies and other eligible institutions
within the State and their abilities to utilize the property.
(d) The State Agency for Federal Surplus Property is
authorized and empowered to make such certifications, take such
action, make such expenditures, require such reports and make
such investigations as may be required by law or regulation of
the United States of America in connection with the disposal of
real property and the receipt, warehousing, and distribution of
personal property received by the State Agency for Federal
Surplus Property from the United States of America and to enter
into contracts, agreements and undertakings for and in the name
of the State (including cooperative agreements with any Federal
agencies providing for utilization by and exchange between
them, without reimbursement, of the property, facilities,
personnel and services of each by the other, and agreements
with other State Agencies for Federal Surplus Property and with
associations or groups of such State Agencies.)
(e) The State Agency for Federal Surplus Property is
authorized and empowered to act as a clearing house of
information for the public and private nonprofit institutions,
organizations and agencies referred to in subparagraph (3) of

HB4049 Enrolled - 245 - LRB099 03667 KTG 23678 b
Section 2 of this Act and other institutions eligible to
acquire Federal surplus real property, to locate both real and
personal property available for acquisition from the United
States of America, to ascertain the terms and conditions under
which such property may be obtained, to receive requests from
the above mentioned institutions, organizations and agencies
and to transmit to them all available information in reference
to such property, and to aid and assist such institutions,
organizations and agencies in every way possible in the
consummation of acquisitions or transactions hereunder.
(f) The State Agency for Federal Surplus Property, in the
administration of this Act, shall cooperate to the fullest
extent consistent with the provisions of the Federal Act, with
the Administrator of the General Services Administration and
shall file a State plan of operation, operate in accordance
therewith, and take such action as may be necessary to meet the
minimum standards prescribed in accordance with the Federal
Act, and make such reports in such form and containing such
information as the United States of America or any of its
departments or agencies may from time to time require, and it
shall comply with the laws of the United States of America and
the rules and regulations of any of the departments or agencies
of the United States of America governing the allocation,
transfer and use of, or account for, property donable or
donated to eligible donees in the State.
(Source: P.A. 81-1509.)

HB4049 Enrolled - 246 - LRB099 03667 KTG 23678 b
Section 130. The Children and Family Services Act is
amended by changing Sections 5, 7, 12.1, and 12.2 as follows:
(20 ILCS 505/5) (from Ch. 23, par. 5005)
Sec. 5. Direct child welfare services; Department of
Children and Family Services. To provide direct child welfare
services when not available through other public or private
child care or program facilities.
(a) For purposes of this Section:
(1) "Children" means persons found within the State who
are under the age of 18 years. The term also includes
persons under age 21 who:
(A) were committed to the Department pursuant to
the Juvenile Court Act or the Juvenile Court Act of
1987, as amended, prior to the age of 18 and who
continue under the jurisdiction of the court; or
(B) were accepted for care, service and training by
the Department prior to the age of 18 and whose best
interest in the discretion of the Department would be
served by continuing that care, service and training
because of severe emotional disturbances, physical
disability, social adjustment or any combination
thereof, or because of the need to complete an
educational or vocational training program.
(2) "Homeless youth" means persons found within the

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

HB4049 Enrolled - 248 - LRB099 03667 KTG 23678 b
not safe, possible or appropriate;
(F) assuring safe and adequate care of children
away from their homes, in cases where the child cannot
be returned home or cannot be placed for adoption. At
the time of placement, the Department shall consider
concurrent planning, as described in subsection (l-1)
of this Section so that permanency may occur at the
earliest opportunity. Consideration should be given so
that if reunification fails or is delayed, the
placement made is the best available placement to
provide permanency for the child;
(G) (blank);
(H) (blank); and
(I) placing and maintaining children in facilities
that provide separate living quarters for children
under the age of 18 and for children 18 years of age
and older, unless a child 18 years of age is in the
last year of high school education or vocational
training, in an approved individual or group treatment
program, in a licensed shelter facility, or secure
child care facility. The Department is not required to
place or maintain children:
(i) who are in a foster home, or
(ii) who are persons with a developmental
disability, as defined in the Mental Health and
Developmental Disabilities Code, or

HB4049 Enrolled - 249 - LRB099 03667 KTG 23678 b
(iii) who are female children who are
pregnant, pregnant and parenting or parenting, or
(iv) who are siblings, in facilities that
provide separate living quarters for children 18
years of age and older and for children under 18
years of age.
(b) Nothing in this Section shall be construed to authorize
the expenditure of public funds for the purpose of performing
abortions.
(c) The Department shall establish and maintain
tax-supported child welfare services and extend and seek to
improve voluntary services throughout the State, to the end
that services and care shall be available on an equal basis
throughout the State to children requiring such services.
(d) The Director may authorize advance disbursements for
any new program initiative to any agency contracting with the
Department. As a prerequisite for an advance disbursement, the
contractor must post a surety bond in the amount of the advance
disbursement and have a purchase of service contract approved
by the Department. The Department may pay up to 2 months
operational expenses in advance. The amount of the advance
disbursement shall be prorated over the life of the contract or
the remaining months of the fiscal year, whichever is less, and
the installment amount shall then be deducted from future
bills. Advance disbursement authorizations for new initiatives
shall not be made to any agency after that agency has operated

HB4049 Enrolled - 250 - LRB099 03667 KTG 23678 b
during 2 consecutive fiscal years. The requirements of this
Section concerning advance disbursements shall not apply with
respect to the following: payments to local public agencies for
child day care services as authorized by Section 5a of this
Act; and youth service programs receiving grant funds under
Section 17a-4.
(e) (Blank).
(f) (Blank).
(g) The Department shall establish rules and regulations
concerning its operation of programs designed to meet the goals
of child safety and protection, family preservation, family
reunification, and adoption, including but not limited to:
(1) adoption;
(2) foster care;
(3) family counseling;
(4) protective services;
(5) (blank);
(6) homemaker service;
(7) return of runaway children;
(8) (blank);
(9) placement under Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile
Court Act of 1987 in accordance with the federal Adoption
Assistance and Child Welfare Act of 1980; and
(10) interstate services.
Rules and regulations established by the Department shall

HB4049 Enrolled - 251 - LRB099 03667 KTG 23678 b
include provisions for training Department staff and the staff
of Department grantees, through contracts with other agencies
or resources, in alcohol and drug abuse screening techniques
approved by the Department of Human Services, as a successor to
the Department of Alcoholism and Substance Abuse, for the
purpose of identifying children and adults who should be
referred to an alcohol and drug abuse treatment program for
professional evaluation.
(h) If the Department finds that there is no appropriate
program or facility within or available to the Department for a
ward and that no licensed private facility has an adequate and
appropriate program or none agrees to accept the ward, the
Department shall create an appropriate individualized,
program-oriented plan for such ward. The plan may be developed
within the Department or through purchase of services by the
Department to the extent that it is within its statutory
authority to do.
(i) Service programs shall be available throughout the
State and shall include but not be limited to the following
services:
(1) case management;
(2) homemakers;
(3) counseling;
(4) parent education;
(5) day care; and
(6) emergency assistance and advocacy.

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

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

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

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

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

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

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

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paramount concern.
When a child is placed in foster care, the Department shall
ensure and document that reasonable efforts were made to
prevent or eliminate the need to remove the child from the
child's home. The Department must make reasonable efforts to
reunify the family when temporary placement of the child occurs
unless otherwise required, pursuant to the Juvenile Court Act
of 1987. At any time after the dispositional hearing where the
Department believes that further reunification services would
be ineffective, it may request a finding from the court that
reasonable efforts are no longer appropriate. The Department is
not required to provide further reunification services after
such a finding.
A decision to place a child in substitute care shall be
made with considerations of the child's health, safety, and
best interests. At the time of placement, consideration should
also be given so that if reunification fails or is delayed, the
placement made is the best available placement to provide
permanency for the child.
The Department shall adopt rules addressing concurrent
planning for reunification and permanency. The Department
shall consider the following factors when determining
appropriateness of concurrent planning:
(1) the likelihood of prompt reunification;
(2) the past history of the family;
(3) the barriers to reunification being addressed by

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the family;
(4) the level of cooperation of the family;
(5) the foster parents' willingness to work with the
family to reunite;
(6) the willingness and ability of the foster family to
provide an adoptive home or long-term placement;
(7) the age of the child;
(8) placement of siblings.
(m) The Department may assume temporary custody of any
child if:
(1) it has received a written consent to such temporary
custody signed by the parents of the child or by the parent
having custody of the child if the parents are not living
together or by the guardian or custodian of the child if
the child is not in the custody of either parent, or
(2) the child is found in the State and neither a
parent, guardian nor custodian of the child can be located.
If the child is found in his or her residence without a parent,
guardian, custodian or responsible caretaker, the Department
may, instead of removing the child and assuming temporary
custody, place an authorized representative of the Department
in that residence until such time as a parent, guardian or
custodian enters the home and expresses a willingness and
apparent ability to ensure the child's health and safety and
resume permanent charge of the child, or until a relative
enters the home and is willing and able to ensure the child's

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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now and hereafter filed in the Department of State Police and
the Federal Bureau of Investigation criminal history records
databases. The Department of State Police shall charge a fee
for conducting the criminal history record check, which shall
be deposited into the State Police Services Fund and shall not
exceed the actual cost of the record check. The Department of
State Police shall furnish, pursuant to positive
identification, all Illinois conviction information to the
Department of Children and Family Services.
For purposes of this subsection:
"Background information" means all of the following:
(i) Upon the request of the Department of Children and
Family Services, conviction information obtained from the
Department of State Police as a result of a
fingerprint-based criminal history records check of the
Illinois criminal history records database and the Federal
Bureau of Investigation criminal history records database
concerning a Department employee or Department applicant.
(ii) Information obtained by the Department of
Children and Family Services after performing a check of
the Department of State Police's Sex Offender Database, as
authorized by Section 120 of the Sex Offender Community
Notification Law, concerning a Department employee or
Department applicant.
(iii) Information obtained by the Department of
Children and Family Services after performing a check of

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

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

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If the Department determines that a placement with any
identified relative is not in the child's best interests or
that the relative does not meet the requirements to be a
relative caregiver, as set forth in Department rules or by
statute, the Department must document the basis for that
decision and maintain the documentation in the child's case
file.
If, pursuant to the Department's rules, any person files an
administrative appeal of the Department's decision not to place
a child with a relative, it is the Department's burden to prove
that the decision is consistent with the child's best
interests.
When the Department determines that the child requires
placement in an environment, other than a home environment, the
Department shall continue to make reasonable efforts to
identify and locate relatives to serve as visitation resources
for the child and potential future placement resources, except
when the Department determines that those efforts would be
futile or inconsistent with the child's best interests.
If the Department determines that efforts to identify and
locate relatives would be futile or inconsistent with the
child's best interests, the Department shall document the basis
of its determination and maintain the documentation in the
child's case file.
If the Department determines that an individual or a group
of relatives are inappropriate to serve as visitation resources

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Section 160. The Department of Employment Security Law of
the Civil Administrative Code of Illinois is amended by
changing Section 1005-155 as follows:
(20 ILCS 1005/1005-155)
Sec. 1005-155. Illinois Employment and Training Centers
report. The Department of Employment Security, or the State
agency responsible for the oversight of the federal Workforce
Investment Act of 1998 if that agency is not the Department of
Employment Security, shall prepare a report for the Governor
and the General Assembly regarding the progress of the Illinois
Employment and Training Centers in serving individuals with
disabilities. The report must include, but is not limited to,
the following: (i) the number of individuals referred to the
Illinois Employment and Training Centers by the Department of
Human Services Office of Rehabilitation Services; (ii) the
total number of individuals with disabilities disabled
individuals served by the Illinois Employment and Training
Centers; (iii) the number of individuals with disabilities
disabled individuals served in federal Workforce Investment
Act of 1998 employment and training programs; (iv) the number
of individuals with disabilities annually placed in jobs by the
Illinois Employment and Training Centers; and (v) the number of
individuals with disabilities referred by the Illinois
Employment and Training Centers to the Department of Human

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

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

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

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

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

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"Required reporter" means any employee who suspects,
witnesses, or is informed of an allegation of any one or more
of the following: mental abuse, physical abuse, sexual abuse,
neglect, or financial exploitation.
"Secretary" means the Chief Administrative Officer of the
Department.
"Sexual abuse" means any sexual contact or intimate
physical contact between an employee and an individual,
including an employee's coercion or encouragement of an
individual to engage in sexual behavior that results in sexual
contact, intimate physical contact, sexual behavior, or
intimate physical behavior.
"Substantiated" means there is a preponderance of the
evidence to support the allegation.
"Unfounded" means there is no credible evidence to support
the allegation.
"Unsubstantiated" means there is credible evidence, but
less than a preponderance of evidence to support the
allegation.
(c) Appointment. The Governor shall appoint, and the Senate
shall confirm, an Inspector General. The Inspector General
shall be appointed for a term of 4 years and shall function
within the Department of Human Services and report to the
Secretary and the Governor.
(d) Operation and appropriation. The Inspector General
shall function independently within the Department with

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

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

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

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

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

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

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

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

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

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

HB4049 Enrolled - 311 - LRB099 03667 KTG 23678 b
contact, and (iii) requests for additional documentation
evidencing compliance.
(r) Sanctions. Sanctions, if imposed by the Secretary under
Subdivision (p)(iv) of this Section, shall be designed to
prevent further acts of mental abuse, physical abuse, sexual
abuse, neglect, egregious neglect, or financial exploitation
or some combination of one or more of those acts at a facility
or agency, and may include any one or more of the following:
(1) Appointment of on-site monitors.
(2) Transfer or relocation of an individual or
individuals.
(3) Closure of units.
(4) Termination of any one or more of the following:
(i) Department licensing, (ii) funding, or (iii)
certification.
The Inspector General may seek the assistance of the
Illinois Attorney General or the office of any State's Attorney
in implementing sanctions.
(s) Health care worker registry.
(1) Reporting to the registry. The Inspector General
shall report to the Department of Public Health's health
care worker registry, a public registry, the identity and
finding of each employee of a facility or agency against
whom there is a final investigative report containing a
substantiated allegation of physical or sexual abuse,
financial exploitation, or egregious neglect of an

HB4049 Enrolled - 312 - LRB099 03667 KTG 23678 b
individual.
(2) Notice to employee. Prior to reporting the name of
an employee, the employee shall be notified of the
Department's obligation to report and shall be granted an
opportunity to request an administrative hearing, the sole
purpose of which is to determine if the substantiated
finding warrants reporting to the registry. Notice to the
employee shall contain a clear and concise statement of the
grounds on which the report to the registry is based, offer
the employee an opportunity for a hearing, and identify the
process for requesting such a hearing. Notice is sufficient
if provided by certified mail to the employee's last known
address. If the employee fails to request a hearing within
30 days from the date of the notice, the Inspector General
shall report the name of the employee to the registry.
Nothing in this subdivision (s)(2) shall diminish or impair
the rights of a person who is a member of a collective
bargaining unit under the Illinois Public Labor Relations
Act or under any other federal labor statute.
(3) Registry hearings. If the employee requests an
administrative hearing, the employee shall be granted an
opportunity to appear before an administrative law judge to
present reasons why the employee's name should not be
reported to the registry. The Department shall bear the
burden of presenting evidence that establishes, by a
preponderance of the evidence, that the substantiated

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

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

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

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

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

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

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

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

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

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existing or hereafter acquired or created under the
jurisdiction of the Department, including, but not limited to,
the following:
The Alton Mental Health Center, at Alton
The Clyde L. Choate Mental Health and Developmental
Center, at Anna
The Chester Mental Health Center, at Chester
The Chicago-Read Mental Health Center, at Chicago
The Elgin Mental Health Center, at Elgin
The Metropolitan Children and Adolescents Center, at
Chicago
The Jacksonville Developmental Center, at Jacksonville
The Governor Samuel H. Shapiro Developmental Center,
at Kankakee
The Tinley Park Mental Health Center, at Tinley Park
The Warren G. Murray Developmental Center, at
Centralia
The Jack Mabley Developmental Center, at Dixon
The Lincoln Developmental Center, at Lincoln
The H. Douglas Singer Mental Health and Developmental
Center, at Rockford
The John J. Madden Mental Health Center, at Chicago
The George A. Zeller Mental Health Center, at Peoria
The Andrew McFarland Mental Health Center, at
Springfield
The Adolf Meyer Mental Health Center, at Decatur

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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of experience in either blind or visually impaired education,
the administration of blind or visually impaired education, or
a combination of the 2.
(b) In administering the Illinois School for the Deaf, the
Department shall adopt an admission policy which permits day or
residential enrollment, when resources are sufficient, of
children with hearing disabilities handicaps who are able to
take advantage of the regular educational facilities provided
in the community and thus unqualified for admission under
subsection (a). In doing so, the Department shall establish an
annual deadline by which shall be completed the enrollment of
children qualified under subsection (a) for admission to the
Illinois School for the Deaf. After the deadline, the Illinois
School for the Deaf may enroll other children with hearing
disabilities handicaps at the request of their parents or
guardians if the Department determines there are sufficient
resources to meet their needs as well as the needs of children
enrolled before the deadline and children qualified under
subsection (a) who may be enrolled after the deadline on an
emergency basis. The Department shall adopt any rules and
regulations necessary for the implementation of this
subsection.
(c) In administering the Illinois School for the Visually
Impaired, the Department shall adopt an admission policy that
permits day or residential enrollment, when resources are
sufficient, of children with visual disabilities handicaps who

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

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under Section 10 of this Act; obtain all other employees
subject to the provisions of the Personnel Code, except for
educational and professional employees of the Illinois School
for the Deaf and the Illinois School for the Visually Impaired
who are certified by the Illinois State Board of Education or
licensed by the appropriate agency or entity to which licensing
authority has been delegated, and all other employees of the
Schools who are obtained by the superintendents as provided
under Section 10 of this Act, subject to the provisions of the
Personnel Code and any applicable collective bargaining
agreement; and conduct staff training programs for the
development and improvement of services.
(b) Provide supervision, housing accommodations, board or
the payment of boarding costs, tuition, and treatment free of
charge, except as otherwise specified in this Act, for
residents of this State who are cared for in any institution,
or for persons receiving services under any program under the
jurisdiction of the Department. Residents of other states may
be admitted upon payment of the costs of board, tuition, and
treatment as determined by the Department; provided, that no
resident of another state shall be received or retained to the
exclusion of any resident of this State. The Department shall
accept any donation for the board, tuition, and treatment of
any person receiving service or care.
(c) Cooperate with the State Board of Education and the
Department of Children and Family Services in a program to

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provide for the placement, supervision, and foster care of
children with disabilities handicaps who must leave their home
community in order to attend schools offering programs in
special education.
(d) Assess and collect (i) student activity fees and (ii)
charges to school districts for transportation of students
required under the School Code and provided by the Department.
The Department shall direct the expenditure of all money that
has been or may be received by any officer of the several State
institutions under the direction and supervision of the
Department as profit on sales from commissary stores, student
activity fees, or charges for student transportation. The money
shall be deposited into a locally held fund and expended under
the direction of the Department for the special comfort,
pleasure, and amusement of residents and employees and the
transportation of residents, provided that amounts expended
for comfort, pleasure, and amusement of employees shall not
exceed the amount of profits derived from sales made to
employees by the commissaries, as determined by the Department.
Funds deposited with State institutions under the
direction and supervision of the Department by or for residents
of those State institutions shall be deposited into
interest-bearing accounts, and money received as interest and
income on those funds shall be deposited into a "needy student
fund" to be held and administered by the institution. Money in
the "needy student fund" shall be expended for the special

HB4049 Enrolled - 378 - LRB099 03667 KTG 23678 b
comfort, pleasure, and amusement of the residents of the
particular institution where the money is paid or received.
Any money belonging to residents separated by death,
discharge, or unauthorized absence from institutions described
under this Section, in custody of officers of the institutions,
may, if unclaimed by the resident or the legal representatives
of the resident for a period of 2 years, be expended at the
direction of the Department for the purposes and in the manner
specified in this subsection (d). Articles of personal
property, with the exception of clothing left in the custody of
those officers, shall, if unclaimed for the period of 2 years,
be sold and the money disposed of in the same manner.
Clothing left at the institution by residents at the time
of separation may be used as determined by the institution if
unclaimed by the resident or legal representatives of the
resident within 30 days after notification.
(e) Keep, for each institution under the jurisdiction of
the Department, a register of the number of officers,
employees, and residents present each day in the year, in a
form that will permit a calculation of the average number
present each month.
(f) (Blank).
(g) (Blank).
(h) (Blank).
(i) Accept and hold in behalf of the State, if for the
public interest, a grant, gift, or legacy of money or property

HB4049 Enrolled - 379 - LRB099 03667 KTG 23678 b
to the State of Illinois, to the Department, or to any
institution or program of the Department made in trust for the
maintenance or support of a resident of an institution of the
Department, or for any other legitimate purpose connected with
any such institution or program. The Department shall cause
each gift, grant, or legacy to be kept as a distinct fund, and
shall invest the gift, grant, or legacy in the manner provided
by the laws of this State as those laws now exist or shall
hereafter be enacted relating to securities in which the
deposits in savings banks may be invested. The Department may,
however, in its discretion, deposit in a proper trust company
or savings bank, during the continuance of the trust, any fund
so left in trust for the life of a person and shall adopt rules
and regulations governing the deposit, transfer, or withdrawal
of the fund. The Department shall, on the expiration of any
trust as provided in any instrument creating the trust, dispose
of the fund thereby created in the manner provided in the
instrument. The Department shall include in its required
reports a statement showing what funds are so held by it and
the condition of the funds. Monies found on residents at the
time of their admission, or accruing to them during their
period of institutional care, and monies deposited with the
superintendents by relatives, guardians, or friends of
residents for the special comfort and pleasure of a resident,
shall remain in the possession of the superintendents, who
shall act as trustees for disbursement to, in behalf of, or for

HB4049 Enrolled - 380 - LRB099 03667 KTG 23678 b
the benefit of the resident. All types of retirement and
pension benefits from private and public sources may be paid
directly to the superintendent of the institution where the
person is a resident, for deposit to the resident's trust fund
account.
(j) Appoint, subject to the Personnel Code, persons to be
members of a police and security force. Members of the police
and security force shall be peace officers and as such have all
powers possessed by policemen in cities and sheriffs, including
the power to make arrests on view or warrants of violations of
State statutes or city or county ordinances. These powers may,
however, be exercised only in counties of more than 500,000
population when required for the protection of Department
properties, interests, and personnel, or specifically
requested by appropriate State or local law enforcement
officials. Members of the police and security force may not
serve and execute civil processes.
(k) Maintain, and deposit receipts from the sale of tickets
to athletic, musical, and other events, fees for participation
in school sponsored tournaments and events, and revenue from
student activities relating to charges for art and woodworking
projects, charges for automobile repairs, and other revenue
generated from student projects into, locally held accounts not
to exceed $20,000 per account for the purposes of (i) providing
immediate payment to officials, judges, and athletic referees
for their services rendered and for other related expenses at

HB4049 Enrolled - 381 - LRB099 03667 KTG 23678 b
school sponsored contests, tournaments, or events, (ii)
providing payment for expenses related to student revenue
producing activities such as art and woodworking projects,
automotive repair work, and other student activities or
projects that generate revenue and incur expenses, and (iii)
providing students who are enrolled in an independent living
program with cash so that they may fulfill course objectives by
purchasing commodities and other required supplies.
(l) Advance moneys from its appropriations to be maintained
in locally held accounts at the schools to establish (i) a
"Student Compensation Account" to pay students for work
performed under the student work program, and (ii) a "Student
Activity Travel Account" to pay transportation, meals, and
lodging costs of students, coaches, and activity sponsors while
traveling off campus for sporting events, lessons, and other
activities directly associated with the representation of the
school. Funds in the "Student Compensation Account" shall not
exceed $20,000, and funds in the "Student Activity Travel
Account" shall not exceed $200,000.
(l-5) Establish a locally held account (referred to as the
Account) to hold, maintain and administer the
Therkelsen/Hansen College Loan Fund (referred to as the Fund).
All cash represented by the Fund shall be transferred from the
State Treasury to the Account. The Department shall promulgate
rules regarding the maintenance and use of the Fund and all
interest earned thereon; the eligibility of potential

HB4049 Enrolled - 382 - LRB099 03667 KTG 23678 b
borrowers from the Fund; and the awarding and repayment of
loans from the Fund; and other rules as applicable regarding
the Fund. The administration of the Fund and the promulgation
of rules regarding the Fund shall be consistent with the will
of Petrea Therkelsen, which establishes the Fund.
(m) Promulgate rules of conduct applicable to the residents
of institutions for persons with one or more disabilities. The
rules shall include specific standards to be used by the
Department to determine (i) whether financial restitution
shall be required in the event of losses or damages resulting
from a resident's action and (ii) the ability of the resident
and the resident's parents to pay restitution.
(Source: P.A. 97-625, eff. 11-28-11.)
Section 210. The Disabilities Services Act of 2003 is
amended by changing the title of the Act and Section 52 as
follows:
(20 ILCS 2407/Act title)
An Act concerning persons with disabilities disabled
persons.
(20 ILCS 2407/52)
Sec. 52. Applicability; definitions. In accordance with
Section 6071 of the Deficit Reduction Act of 2005 (P.L.
109-171), as used in this Article:

HB4049 Enrolled - 383 - LRB099 03667 KTG 23678 b
"Departments". The term "Departments" means for the
purposes of this Act, the Department of Human Services, the
Department on Aging, Department of Healthcare and Family
Services and Department of Public Health, unless otherwise
noted.
"Home and community-based long-term care services". The
term "home and community-based long-term care services" means,
with respect to the State Medicaid program, a service aid, or
benefit, home and community-based services, including but not
limited to home health and personal care services, that are
provided to a person with a disability, and are voluntarily
accepted, as part of his or her long-term care that: (i) is
provided under the State's qualified home and community-based
program or that could be provided under such a program but is
otherwise provided under the Medicaid program; (ii) is
delivered in a qualified residence; and (iii) is necessary for
the person with a disability to live in the community.
"ID/DD community care facility". The term "ID/DD community
care facility", for the purposes of this Article, means a
skilled nursing or intermediate long-term care facility
subject to licensure by the Department of Public Health under
the ID/DD Community Care Act, an intermediate care facility for
persons with developmental disabilities the developmentally
disabled (ICF-DDs), and a State-operated developmental center
or mental health center, whether publicly or privately owned.
"Money Follows the Person" Demonstration. Enacted by the

HB4049 Enrolled - 384 - LRB099 03667 KTG 23678 b
Deficit Reduction Act of 2005, the Money Follows the Person
(MFP) Rebalancing Demonstration is part of a comprehensive,
coordinated strategy to assist states, in collaboration with
stakeholders, to make widespread changes to their long-term
care support systems. This initiative will assist states in
their efforts to reduce their reliance on institutional care
while developing community-based long-term care opportunities,
enabling the elderly and people with disabilities to fully
participate in their communities.
"Public funds" mean any funds appropriated by the General
Assembly to the Departments of Human Services, on Aging, of
Healthcare and Family Services and of Public Health for
settings and services as defined in this Article.
"Qualified residence". The term "qualified residence"
means, with respect to an eligible individual: (i) a home owned
or leased by the individual or the individual's authorized
representative (as defined by P.L. 109-171); (ii) an apartment
with an individual lease, with lockable access and egress, and
which includes living, sleeping, bathing, and cooking areas
over which the individual or the individual's family has domain
and control; or (iii) a residence, in a community-based
residential setting, in which no more than 4 unrelated
individuals reside. Where qualified residences are not
sufficient to meet the demand of eligible individuals,
time-limited exceptions to this definition may be developed
through administrative rule.

HB4049 Enrolled - 385 - LRB099 03667 KTG 23678 b
"Self-directed services". The term "self-directed
services" means, with respect to home and community-based
long-term services for an eligible individual, those services
for the individual that are planned and purchased under the
direction and control of the individual or the individual's
authorized representative, including the amount, duration,
scope, provider, and location of such services, under the State
Medicaid program consistent with the following requirements:
(a) Assessment: there is an assessment of the needs,
capabilities, and preference of the individual with
respect to such services.
(b) Individual service care or treatment plan: based on
the assessment, there is development jointly with such
individual or individual's authorized representative, a
plan for such services for the individual that (i)
specifies those services, if any, that the individual or
the individual's authorized representative would be
responsible for directing; (ii) identifies the methods by
which the individual or the individual's authorized
representative or an agency designated by an individual or
representative will select, manage, and dismiss providers
of such services.
(Source: P.A. 96-339, eff. 7-1-10; 97-227, eff. 1-1-12.)
Section 215. The Bureau for the Blind Act is amended by
changing Section 7 as follows:

HB4049 Enrolled - 386 - LRB099 03667 KTG 23678 b
(20 ILCS 2410/7) (from Ch. 23, par. 3417)
Sec. 7. Council. There shall be created within the
Department a Blind Services Planning Council which shall review
the actions of the Bureau for the Blind and provide advice and
consultation to the Secretary on services to blind people. The
Council shall be composed of 11 members appointed by the
Governor. All members shall be selected because of their
ability to provide worthwhile consultation or services to the
blind. No fewer than 6 members shall be blind. A relative
balance between the number of males and females shall be
maintained. Broad representation shall be sought by
appointment, with 2 members from each of the major statewide
consumer organizations of the blind and one member from a
specific service area including, but not limited to, the Hadley
School for the Blind, Chicago Lighthouse, Department-approved
Low Vision Aides Clinics, Vending Facilities Operators, the
Association for the Education and Rehabilitation of the Blind
and Visually Impaired (AER), blind homemakers, outstanding
competitive employers of blind people, providers and
recipients of income maintenance programs, in-home care
programs, subsidized housing, nursing homes and homes for the
blind.
Initially, 4 members shall be appointed for terms of one
year, 4 for terms of 2 years and 3 for terms of 3 years with a
partial term of 18 months or more counting as a full term.

HB4049 Enrolled - 387 - LRB099 03667 KTG 23678 b
Subsequent terms shall be 3 years each. No member shall serve
more than 2 terms. No Department employee shall be a member of
the Council.
Members shall be removed for cause including, but not
limited to, demonstrated incompetence, unethical behavior and
unwillingness or inability to serve.
Members shall serve without pay but shall be reimbursed for
actual expenses incurred in the performance of their duties.
Members shall be governed by appropriate and applicable
State and federal statutes and regulations on matters such as
ethics, confidentiality, freedom of information, travel and
civil rights.
Department staff may attend meetings but shall not be a
voting member of the Council. The Council shall elect a
chairperson and a recording secretary from among its number.
Sub-committees and ad hoc committees may be created to
concentrate on specific program components or initiative
areas.
The Council shall perform the following functions:
(a) facilitate communication and cooperative efforts
between the Department and all agencies which have any
responsibility to deliver services to blind and visually
impaired persons.
(b) identify needs and problems related to blind and
visually impaired persons, including children, adults, and
seniors, and make recommendations to the Secretary, Bureau

HB4049 Enrolled - 388 - LRB099 03667 KTG 23678 b
Director and Governor.
(c) recommend programmatic and fiscal priorities governing
the provision of services and awarding of grants or contracts
by the Department to any person or agency, public or private.
(d) conduct, encourage and advise independent research by
qualified evaluators to improve services to blind and visually
impaired persons, including those with multiple disabilities
handicaps.
(e) participate in the development and review of proposed
and amended rules and regulations of the Department relating to
services for the blind and visually impaired.
(f) review and comment on all budgets (drafted and
submitted) relating to services for blind and visually impaired
persons.
(g) promote policies and programs to educate the public and
elicit public support for services to blind and visually
impaired persons.
(h) encourage creative and innovative programs to
strengthen, expand and improve services for blind and visually
impaired persons, including outreach services.
(i) perform such other duties as may be required by the
Governor, Secretary, and Bureau Director.
The Council shall supersede and replace all advisory
committees now functioning within the Bureau of Rehabilitation
Services for the Blind, with the exception of federally
mandated advisory groups.

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

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

HB4049 Enrolled - 391 - LRB099 03667 KTG 23678 b
offset.
(f) An amount equal to 10% of the wages paid by a blind
vendor to any employee who is blind or has another disability
otherwise disabled shall be deducted from any set-aside charge
paid by the vendor each month, in order to encourage vendors to
employ blind workers and workers with disabilities and disabled
workers and to set an example for industry and government. No
deduction shall be made for any employee paid less than the
State or federal minimum wage.
(Source: P.A. 96-644, eff. 1-1-10.)
Section 225. The Department of Transportation Law of the
Civil Administrative Code of Illinois is amended by changing
Sections 2705-305, 2705-310, and 2705-321 as follows:
(20 ILCS 2705/2705-305)
Sec. 2705-305. Grants for mass transportation.
(a) For the purpose of mass transportation grants and
contracts, the following definitions apply:
"Carrier" means any corporation, authority, partnership,
association, person, or district authorized to provide mass
transportation within the State.
"District" means all of the following:
(i) Any district created pursuant to the Local Mass
Transit District Act.
(ii) The Authority created pursuant to the

HB4049 Enrolled - 392 - LRB099 03667 KTG 23678 b
Metropolitan Transit Authority Act.
(iii) Any authority, commission, or other entity that
by virtue of an interstate compact approved by Congress is
authorized to provide mass transportation.
(iv) The Authority created pursuant to the Regional
Transportation Authority Act.
"Facilities" comprise all real and personal property used
in or appurtenant to a mass transportation system, including
parking lots.
"Mass transportation" means transportation provided within
the State of Illinois by rail, bus, or other conveyance and
available to the general public on a regular and continuing
basis, including the transportation of persons with
disabilities handicapped or elderly persons as provided more
specifically in Section 2705-310.
"Unit of local government" means any city, village,
incorporated town, or county.
(b) Grants may be made to units of local government,
districts, and carriers for the acquisition, construction,
extension, reconstruction, and improvement of mass
transportation facilities. Grants shall be made upon the terms
and conditions that in the judgment of the Secretary are
necessary to ensure their proper and effective utilization.
(c) The Department shall make grants under this Law in a
manner designed, so far as is consistent with the maintenance
and development of a sound mass transportation system within

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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spouses;
(e) $2,152,790,000 for use by the State, its
departments, authorities, public corporations, commissions
and agencies;
(f) $818,100 for cargo handling facilities at port
districts and for breakwaters, including harbor entrances,
at port districts in conjunction with facilities for small
boats and pleasure crafts;
(g) $297,177,074 for water resource management
projects;
(h) $16,940,269 for the provision of facilities for
food production research and related instructional and
public service activities at the State universities and
public community colleges;
(i) $36,000,000 for grants by the Secretary of State,
as State Librarian, for central library facilities
authorized by Section 8 of the Illinois Library System Act
and for grants by the Capital Development Board to units of
local government for public library facilities;
(j) $25,000,000 for the acquisition, development,
construction, reconstruction, improvement, financing,
architectural planning and installation of capital
facilities consisting of buildings, structures, durable
equipment and land for grants to counties, municipalities
or public building commissions with correctional
facilities that do not comply with the minimum standards of

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

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

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

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and the protection of land, all within the State of Illinois;
(d) $146,580,000 for the acquisition, development,
construction, reconstruction, improvement, financing,
architectural planning and installation of capital facilities
consisting of buildings, structures, durable equipment and
land for child care facilities, mental and public health
facilities, and facilities for the care of veterans with
disabilities disabled veterans and their spouses, all within
the State of Illinois;
(e) $348,846,200 for the acquisition, development,
construction, reconstruction, improvement, financing,
architectural planning and installation of capital facilities
consisting of buildings, structures, durable equipment and
land for use by the State, its departments, authorities, public
corporations, commissions and agencies;
(f) To reimburse the Illinois Building Authority created by
"An Act to create the Illinois Building Authority and to define
its powers and duties", as approved August 15, 1961, as
amended, for any and all costs and expenses incurred, and to be
incurred, by the Illinois Building Authority in connection with
the acquisition, construction, development, reconstruction,
improvement, planning, installation and financing of capital
facilities consisting of buildings, structures, equipment and
land as enumerated in subsections (a) through (e) hereof, and
in connection therewith to acquire from the Illinois Building
Authority any such capital facilities; provided, however, that

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

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

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

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

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

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Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race).
(e) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands).
(2) "Female" shall mean a person who is a citizen or
lawful permanent resident of the United States and who is
of the female gender.
(2.05) "Person with a disability" means a person who is
a citizen or lawful resident of the United States and is a
person qualifying as a person with a disability being
disabled under subdivision (2.1) of this subsection (A).
(2.1) "Person with a disability Disabled" means a
person with a severe physical or mental disability that:
(a) results from:
amputation,
arthritis,
autism,
blindness,
burn injury,
cancer,
cerebral palsy,
Crohn's disease,
cystic fibrosis,
deafness,
head injury,

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heart disease,
hemiplegia,
hemophilia,
respiratory or pulmonary dysfunction,
an intellectual disability,
mental illness,
multiple sclerosis,
muscular dystrophy,
musculoskeletal disorders,
neurological disorders, including stroke and
epilepsy,
paraplegia,
quadriplegia and other spinal cord conditions,
sickle cell anemia,
ulcerative colitis,
specific learning disabilities, or
end stage renal failure disease; and
(b) substantially limits one or more of the
person's major life activities.
Another disability or combination of disabilities may
also be considered as a severe disability for the purposes
of item (a) of this subdivision (2.1) if it is determined
by an evaluation of rehabilitation potential to cause a
comparable degree of substantial functional limitation
similar to the specific list of disabilities listed in item
(a) of this subdivision (2.1).

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(3) "Minority owned business" means a business concern
which is at least 51% owned by one or more minority
persons, or in the case of a corporation, at least 51% of
the stock in which is owned by one or more minority
persons; and the management and daily business operations
of which are controlled by one or more of the minority
individuals who own it.
(4) "Female owned business" means a business concern
which is at least 51% owned by one or more females, or, in
the case of a corporation, at least 51% of the stock in
which is owned by one or more females; and the management
and daily business operations of which are controlled by
one or more of the females who own it.
(4.1) "Business owned by a person with a disability"
means a business concern that is at least 51% owned by one
or more persons with a disability and the management and
daily business operations of which are controlled by one or
more of the persons with disabilities who own it. A
not-for-profit agency for persons with disabilities that
is exempt from taxation under Section 501 of the Internal
Revenue Code of 1986 is also considered a "business owned
by a person with a disability".
(4.2) "Council" means the Business Enterprise Council
for Minorities, Females, and Persons with Disabilities
created under Section 5 of this Act.
(5) "State contracts" shall mean all State contracts,

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funded exclusively with State funds which are not subject
to federal reimbursement, whether competitively bid or
negotiated as defined by the Secretary of the Council and
approved by the Council.
"State construction contracts" means all State
contracts entered into by a State agency or State
university for the repair, remodeling, renovation or
construction of a building or structure, or for the
construction or maintenance of a highway defined in Article
2 of the Illinois Highway Code.
(6) "State agencies" shall mean all departments,
officers, boards, commissions, institutions and bodies
politic and corporate of the State, but does not include
the Board of Trustees of the University of Illinois, the
Board of Trustees of Southern Illinois University, the
Board of Trustees of Chicago State University, the Board of
Trustees of Eastern Illinois University, the Board of
Trustees of Governors State University, the Board of
Trustees of Illinois State University, the Board of
Trustees of Northeastern Illinois University, the Board of
Trustees of Northern Illinois University, the Board of
Trustees of Western Illinois University, municipalities or
other local governmental units, or other State
constitutional officers.
(7) "State universities" shall mean the Board of
Trustees of the University of Illinois, the Board of

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

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

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

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

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

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

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

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

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

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

HB4049 Enrolled - 440 - LRB099 03667 KTG 23678 b
(i) of Section 9-4.
Minority, veteran, female or disability small businesses,
for the purpose of this Section, shall be defined as small
businesses that are, in the Department's judgment, at least 51%
owned and managed by one or more persons who are minority or ,
female or who have a disability disabled or who are veterans.
(b) Loans made pursuant to this Section:
(1) Shall not exceed $100,000 or 50% of the business
project costs unless the Director of the Department
determines that a waiver of these limits is required to
meet the purposes of this Act.
(2) Shall only be made if, in the Department's
judgment, the number of jobs to be created or retained is
reasonable in relation to the loan funds requested.
(3) Shall be protected by security. Financial
assistance may be secured by first, second or subordinate
mortgage positions on real or personal property, by royalty
payments, by personal notes or guarantees, or by any other
security satisfactory to the Department to secure
repayment. Security valuation requirements, as determined
by the Department, for the purposes of this Section, may be
less than required for similar loans not covered by this
Section, provided the applicants demonstrate adequate
business experience, entrepreneurial training or
combination thereof, as determined by the Department.
(4) Shall be in such principal amount and form and

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

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

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

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

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

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

HB4049 Enrolled - 447 - LRB099 03667 KTG 23678 b
such by the taxpayer, no later than 30 days after receipt
of an administrative decision, by such means as the
Department shall provide by rule.
The Director shall determine the appropriate extent of the
deletions allowed in paragraph (2). In the event the taxpayer
does not submit deletions, the Director shall make only the
deletions specified in paragraph (1).
The Director shall make available for public inspection and
publication an administrative decision within 180 days after
the issuance of the administrative decision. The term
"administrative decision" has the same meaning as defined in
Section 3-101 of Article III of the Code of Civil Procedure.
Costs collected under this Section shall be paid into the Tax
Compliance and Administration Fund.
(e) Nothing contained in this Act shall prevent the
Director from divulging information to any person pursuant to a
request or authorization made by the taxpayer, by an authorized
representative of the taxpayer, or, in the case of information
related to a joint return, by the spouse filing the joint
return with the taxpayer.
(Source: P.A. 95-331, eff. 8-21-07; 96-1501, eff. 1-25-11.)
Section 300. The Use Tax Act is amended by changing
Sections 3-8 and 3-10 as follows:
(35 ILCS 105/3-8)

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

HB4049 Enrolled - 449 - LRB099 03667 KTG 23678 b
listed in subsection (c) shall be calculated on the basis of
only those services and activities that occur in Illinois and
the relevant hospital entity's estimated property tax
liability shall be calculated only with respect to its property
located in Illinois.
(c) The following services and activities shall be
considered for purposes of making the calculations required by
subsection (b):
(1) Charity care. Free or discounted services provided
pursuant to the relevant hospital entity's financial
assistance policy, measured at cost, including discounts
provided under the Hospital Uninsured Patient Discount
Act.
(2) Health services to low-income and underserved
individuals. Other unreimbursed costs of the relevant
hospital entity for providing without charge, paying for,
or subsidizing goods, activities, or services for the
purpose of addressing the health of low-income or
underserved individuals. Those activities or services may
include, but are not limited to: financial or in-kind
support to affiliated or unaffiliated hospitals, hospital
affiliates, community clinics, or programs that treat
low-income or underserved individuals; paying for or
subsidizing health care professionals who care for
low-income or underserved individuals; providing or
subsidizing outreach or educational services to low-income

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

HB4049 Enrolled - 451 - LRB099 03667 KTG 23678 b
receive financial or operational support from the relevant
hospital entity) to State or local government in treating
Medicaid recipients and recipients of means-tested
programs, including but not limited to General Assistance,
the Covering ALL KIDS Health Insurance Act, and the State
Children's Health Insurance Program. The amount of subsidy
for purpose of this item (4) is calculated in the same
manner as unreimbursed costs are calculated for Medicaid
and other means-tested government programs in the Schedule
H of IRS Form 990 in effect on the effective date of this
amendatory Act of the 97th General Assembly.
(5) Dual-eligible subsidy. The amount of subsidy
provided to government by treating dual-eligible
Medicare/Medicaid patients. The amount of subsidy for
purposes of this item (5) is calculated by multiplying the
relevant hospital entity's unreimbursed costs for
Medicare, calculated in the same manner as determined in
the Schedule H of IRS Form 990 in effect on the effective
date of this amendatory Act of the 97th General Assembly,
by the relevant hospital entity's ratio of dual-eligible
patients to total Medicare patients.
(6) Relief of the burden of government related to
health care. Except to the extent otherwise taken into
account in this subsection, the portion of unreimbursed
costs of the relevant hospital entity attributable to
providing, paying for, or subsidizing goods, activities,

HB4049 Enrolled - 452 - LRB099 03667 KTG 23678 b
or services that relieve the burden of government related
to health care for low-income individuals. Such activities
or services shall include, but are not limited to,
providing emergency, trauma, burn, neonatal, psychiatric,
rehabilitation, or other special services; providing
medical education; and conducting medical research or
training of health care professionals. The portion of those
unreimbursed costs attributable to benefiting low-income
individuals shall be determined using the ratio calculated
by adding the relevant hospital entity's costs
attributable to charity care, Medicaid, other means-tested
government programs, Medicare patients with disabilities
disabled Medicare patients under age 65, and dual-eligible
Medicare/Medicaid patients and dividing that total by the
relevant hospital entity's total costs. Such costs for the
numerator and denominator shall be determined by
multiplying gross charges by the cost to charge ratio taken
from the hospital's most recently filed Medicare cost
report (CMS 2252-10 Worksheet, Part I). In the case of
emergency services, the ratio shall be calculated using
costs (gross charges multiplied by the cost to charge ratio
taken from the hospital's most recently filed Medicare cost
report (CMS 2252-10 Worksheet, Part I)) of patients treated
in the relevant hospital entity's emergency department.
(7) Any other activity by the relevant hospital entity
that the Department determines relieves the burden of

HB4049 Enrolled - 453 - LRB099 03667 KTG 23678 b
government or addresses the health of low-income or
underserved individuals.
(d) The hospital applicant shall include information in its
exemption application establishing that it satisfies the
requirements of subsection (b). For purposes of making the
calculations required by subsection (b), the hospital
applicant may for each year elect to use either (1) the value
of the services or activities listed in subsection (e) for the
hospital year or (2) the average value of those services or
activities for the 3 fiscal years ending with the hospital
year. If the relevant hospital entity has been in operation for
less than 3 completed fiscal years, then the latter
calculation, if elected, shall be performed on a pro rata
basis.
(e) For purposes of making the calculations required by
this Section:
(1) particular services or activities eligible for
consideration under any of the paragraphs (1) through (7)
of subsection (c) may not be counted under more than one of
those paragraphs; and
(2) the amount of unreimbursed costs and the amount of
subsidy shall not be reduced by restricted or unrestricted
payments received by the relevant hospital entity as
contributions deductible under Section 170(a) of the
Internal Revenue Code.
(f) (Blank).

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

HB4049 Enrolled - 455 - LRB099 03667 KTG 23678 b
property, as determined in accordance with subparagraph
(C).
(A) The "estimated fair market value of buildings
on the property" means the replacement value of any
exempt portion of buildings on the property, minus
depreciation, determined utilizing the cost
replacement method whereby the exempt square footage
of all such buildings is multiplied by the replacement
cost per square foot for Class A Average building found
in the most recent edition of the Marshall & Swift
Valuation Services Manual, adjusted by any appropriate
current cost and local multipliers.
(B) Depreciation, for purposes of calculating the
estimated fair market value of buildings on the
property, is applied by utilizing a weighted mean life
for the buildings based on original construction and
assuming a 40-year life for hospital buildings and the
applicable life for other types of buildings as
specified in the American Hospital Association
publication "Estimated Useful Lives of Depreciable
Hospital Assets". In the case of hospital buildings,
the remaining life is divided by 40 and this ratio is
multiplied by the replacement cost of the buildings to
obtain an estimated fair market value of buildings. If
a hospital building is older than 35 years, a remaining
life of 5 years for residual value is assumed; and if a

HB4049 Enrolled - 456 - LRB099 03667 KTG 23678 b
building is less than 8 years old, a remaining life of
32 years is assumed.
(C) The estimated assessed value of the land
portion of the property shall be determined by
multiplying (i) the per square foot average of the
assessed values of three parcels of land (not including
farm land, and excluding the assessed value of the
improvements thereon) reasonably comparable to the
property, by (ii) the number of square feet comprising
the exempt portion of the property's land square
footage.
(3) The assessment factor, State equalization rate,
and tax rate (including any special factors such as
Enterprise Zones) used in calculating the estimated
property tax liability shall be for the most recent year
that is publicly available from the applicable chief county
assessment officer or officers at least 90 days before the
end of the hospital year.
(4) The method utilized to calculate estimated
property tax liability for purposes of this Section 15-86
shall not be utilized for the actual valuation, assessment,
or taxation of property pursuant to the Property Tax Code.
(h) For the purpose of this Section, the following terms
shall have the meanings set forth below:
(1) "Hospital" means any institution, place, building,
buildings on a campus, or other health care facility

HB4049 Enrolled - 457 - LRB099 03667 KTG 23678 b
located in Illinois that is licensed under the Hospital
Licensing Act and has a hospital owner.
(2) "Hospital owner" means a not-for-profit
corporation that is the titleholder of a hospital, or the
owner of the beneficial interest in an Illinois land trust
that is the titleholder of a hospital.
(3) "Hospital affiliate" means any corporation,
partnership, limited partnership, joint venture, limited
liability company, association or other organization,
other than a hospital owner, that directly or indirectly
controls, is controlled by, or is under common control with
one or more hospital owners and that supports, is supported
by, or acts in furtherance of the exempt health care
purposes of at least one of those hospital owners'
hospitals.
(4) "Hospital system" means a hospital and one or more
other hospitals or hospital affiliates related by common
control or ownership.
(5) "Control" relating to hospital owners, hospital
affiliates, or hospital systems means possession, direct
or indirect, of the power to direct or cause the direction
of the management and policies of the entity, whether
through ownership of assets, membership interest, other
voting or governance rights, by contract or otherwise.
(6) "Hospital applicant" means a hospital owner or
hospital affiliate that files an application for an

HB4049 Enrolled - 458 - LRB099 03667 KTG 23678 b
exemption or renewal of exemption under this Section.
(7) "Relevant hospital entity" means (A) the hospital
owner, in the case of a hospital applicant that is a
hospital owner, and (B) at the election of a hospital
applicant that is a hospital affiliate, either (i) the
hospital affiliate or (ii) the hospital system to which the
hospital applicant belongs, including any hospitals or
hospital affiliates that are related by common control or
ownership.
(8) "Subject property" means property used for the
calculation under subsection (b) of this Section.
(9) "Hospital year" means the fiscal year of the
relevant hospital entity, or the fiscal year of one of the
hospital owners in the hospital system if the relevant
hospital entity is a hospital system with members with
different fiscal years, that ends in the year for which the
exemption is sought.
(Source: P.A. 97-688, eff. 6-14-12; 98-463, eff. 8-16-13.)
(35 ILCS 105/3-10)
Sec. 3-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of
either the selling price or the fair market value, if any, of
the tangible personal property. In all cases where property
functionally used or consumed is the same as the property that
was purchased at retail, then the tax is imposed on the selling

HB4049 Enrolled - 459 - LRB099 03667 KTG 23678 b
price of the property. In all cases where property functionally
used or consumed is a by-product or waste product that has been
refined, manufactured, or produced from property purchased at
retail, then the tax is imposed on the lower of the fair market
value, if any, of the specific property so used in this State
or on the selling price of the property purchased at retail.
For purposes of this Section "fair market value" means the
price at which property would change hands between a willing
buyer and a willing seller, neither being under any compulsion
to buy or sell and both having reasonable knowledge of the
relevant facts. The fair market value shall be established by
Illinois sales by the taxpayer of the same property as that
functionally used or consumed, or if there are no such sales by
the taxpayer, then comparable sales or purchases of property of
like kind and character in Illinois.
Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
the Use Tax Act, the tax is imposed at the rate of 1.25%.
Beginning on August 6, 2010 through August 15, 2010, with
respect to sales tax holiday items as defined in Section 3-6 of
this Act, the tax is imposed at the rate of 1.25%.
With respect to gasohol, the tax imposed by this Act
applies to (i) 70% of the proceeds of sales made on or after
January 1, 1990, and before July 1, 2003, (ii) 80% of the
proceeds of sales made on or after July 1, 2003 and on or

HB4049 Enrolled - 460 - LRB099 03667 KTG 23678 b
before December 31, 2018, and (iii) 100% of the proceeds of
sales made thereafter. If, at any time, however, the tax under
this Act on sales of gasohol is imposed at the rate of 1.25%,
then the tax imposed by this Act applies to 100% of the
proceeds of sales of gasohol made during that time.
With respect to majority blended ethanol fuel, the tax
imposed by this Act does not apply to the proceeds of sales
made on or after July 1, 2003 and on or before December 31,
2018 but applies to 100% of the proceeds of sales made
thereafter.
With respect to biodiesel blends with no less than 1% and
no more than 10% biodiesel, the tax imposed by this Act applies
to (i) 80% of the proceeds of sales made on or after July 1,
2003 and on or before December 31, 2018 and (ii) 100% of the
proceeds of sales made thereafter. If, at any time, however,
the tax under this Act on sales of biodiesel blends with no
less than 1% and no more than 10% biodiesel is imposed at the
rate of 1.25%, then the tax imposed by this Act applies to 100%
of the proceeds of sales of biodiesel blends with no less than
1% and no more than 10% biodiesel made during that time.
With respect to 100% biodiesel and biodiesel blends with
more than 10% but no more than 99% biodiesel, the tax imposed
by this Act does not apply to the proceeds of sales made on or
after July 1, 2003 and on or before December 31, 2018 but
applies to 100% of the proceeds of sales made thereafter.
With respect to food for human consumption that is to be

HB4049 Enrolled - 461 - LRB099 03667 KTG 23678 b
consumed off the premises where it is sold (other than
alcoholic beverages, soft drinks, and food that has been
prepared for immediate consumption) and prescription and
nonprescription medicines, drugs, medical appliances,
modifications to a motor vehicle for the purpose of rendering
it usable by a person with a disability disabled person, and
insulin, urine testing materials, syringes, and needles used by
diabetics, for human use, the tax is imposed at the rate of 1%.
For the purposes of this Section, until September 1, 2009: the
term "soft drinks" means any complete, finished, ready-to-use,
non-alcoholic drink, whether carbonated or not, including but
not limited to soda water, cola, fruit juice, vegetable juice,
carbonated water, and all other preparations commonly known as
soft drinks of whatever kind or description that are contained
in any closed or sealed bottle, can, carton, or container,
regardless of size; but "soft drinks" does not include coffee,
tea, non-carbonated water, infant formula, milk or milk
products as defined in the Grade A Pasteurized Milk and Milk
Products Act, or drinks containing 50% or more natural fruit or
vegetable juice.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft
drinks" do not include beverages that contain milk or milk
products, soy, rice or similar milk substitutes, or greater
than 50% of vegetable or fruit juice by volume.

HB4049 Enrolled - 462 - LRB099 03667 KTG 23678 b
Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or other
ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,

HB4049 Enrolled - 463 - LRB099 03667 KTG 23678 b
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
label includes:
(A) A "Drug Facts" panel; or
(B) A statement of the "active ingredient(s)" with a
list of those ingredients contained in the compound,
substance or preparation.
Beginning on the effective date of this amendatory Act of
the 98th General Assembly, "prescription and nonprescription
medicines and drugs" includes medical cannabis purchased from a
registered dispensing organization under the Compassionate Use
of Medical Cannabis Pilot Program Act.
If the property that is purchased at retail from a retailer
is acquired outside Illinois and used outside Illinois before
being brought to Illinois for use here and is taxable under
this Act, the "selling price" on which the tax is computed
shall be reduced by an amount that represents a reasonable
allowance for depreciation for the period of prior out-of-state
use.
(Source: P.A. 97-636, eff. 6-1-12; 98-122, eff. 1-1-14.)

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

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

HB4049 Enrolled - 466 - LRB099 03667 KTG 23678 b
low-income or underserved individuals; paying for or
subsidizing health care professionals who care for
low-income or underserved individuals; providing or
subsidizing outreach or educational services to low-income
or underserved individuals for disease management and
prevention; free or subsidized goods, supplies, or
services needed by low-income or underserved individuals
because of their medical condition; and prenatal or
childbirth outreach to low-income or underserved persons.
(3) Subsidy of State or local governments. Direct or
indirect financial or in-kind subsidies of State or local
governments by the relevant hospital entity that pay for or
subsidize activities or programs related to health care for
low-income or underserved individuals.
(4) Support for State health care programs for
low-income individuals. At the election of the hospital
applicant for each applicable year, either (A) 10% of
payments to the relevant hospital entity and any hospital
affiliate designated by the relevant hospital entity
(provided that such hospital affiliate's operations
provide financial or operational support for or receive
financial or operational support from the relevant
hospital entity) under Medicaid or other means-tested
programs, including, but not limited to, General
Assistance, the Covering ALL KIDS Health Insurance Act, and
the State Children's Health Insurance Program or (B) the

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

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

HB4049 Enrolled - 469 - LRB099 03667 KTG 23678 b
report (CMS 2252-10 Worksheet, Part I)) of patients treated
in the relevant hospital entity's emergency department.
(7) Any other activity by the relevant hospital entity
that the Department determines relieves the burden of
government or addresses the health of low-income or
underserved individuals.
(d) The hospital applicant shall include information in its
exemption application establishing that it satisfies the
requirements of subsection (b). For purposes of making the
calculations required by subsection (b), the hospital
applicant may for each year elect to use either (1) the value
of the services or activities listed in subsection (e) for the
hospital year or (2) the average value of those services or
activities for the 3 fiscal years ending with the hospital
year. If the relevant hospital entity has been in operation for
less than 3 completed fiscal years, then the latter
calculation, if elected, shall be performed on a pro rata
basis.
(e) For purposes of making the calculations required by
this Section:
(1) particular services or activities eligible for
consideration under any of the paragraphs (1) through (7)
of subsection (c) may not be counted under more than one of
those paragraphs; and
(2) the amount of unreimbursed costs and the amount of
subsidy shall not be reduced by restricted or unrestricted

HB4049 Enrolled - 470 - LRB099 03667 KTG 23678 b
payments received by the relevant hospital entity as
contributions deductible under Section 170(a) of the
Internal Revenue Code.
(f) (Blank).
(g) Estimation of Exempt Property Tax Liability. The
estimated property tax liability used for the determination in
subsection (b) shall be calculated as follows:
(1) "Estimated property tax liability" means the
estimated dollar amount of property tax that would be owed,
with respect to the exempt portion of each of the relevant
hospital entity's properties that are already fully or
partially exempt, or for which an exemption in whole or in
part is currently being sought, and then aggregated as
applicable, as if the exempt portion of those properties
were subject to tax, calculated with respect to each such
property by multiplying:
(A) the lesser of (i) the actual assessed value, if
any, of the portion of the property for which an
exemption is sought or (ii) an estimated assessed value
of the exempt portion of such property as determined in
item (2) of this subsection (g), by
(B) the applicable State equalization rate
(yielding the equalized assessed value), by
(C) the applicable tax rate.
(2) The estimated assessed value of the exempt portion
of the property equals the sum of (i) the estimated fair

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

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

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

HB4049 Enrolled - 474 - LRB099 03667 KTG 23678 b
through ownership of assets, membership interest, other
voting or governance rights, by contract or otherwise.
(6) "Hospital applicant" means a hospital owner or
hospital affiliate that files an application for an
exemption or renewal of exemption under this Section.
(7) "Relevant hospital entity" means (A) the hospital
owner, in the case of a hospital applicant that is a
hospital owner, and (B) at the election of a hospital
applicant that is a hospital affiliate, either (i) the
hospital affiliate or (ii) the hospital system to which the
hospital applicant belongs, including any hospitals or
hospital affiliates that are related by common control or
ownership.
(8) "Subject property" means property used for the
calculation under subsection (b) of this Section.
(9) "Hospital year" means the fiscal year of the
relevant hospital entity, or the fiscal year of one of the
hospital owners in the hospital system if the relevant
hospital entity is a hospital system with members with
different fiscal years, that ends in the year for which the
exemption is sought.
(Source: P.A. 97-688, eff. 6-14-12; 98-463, eff. 8-16-13.)
(35 ILCS 110/3-10) (from Ch. 120, par. 439.33-10)
Sec. 3-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of

HB4049 Enrolled - 475 - LRB099 03667 KTG 23678 b
the selling price of tangible personal property transferred as
an incident to the sale of service, but, for the purpose of
computing this tax, in no event shall the selling price be less
than the cost price of the property to the serviceman.
Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
the Use Tax Act, the tax is imposed at the rate of 1.25%.
With respect to gasohol, as defined in the Use Tax Act, the
tax imposed by this Act applies to (i) 70% of the selling price
of property transferred as an incident to the sale of service
on or after January 1, 1990, and before July 1, 2003, (ii) 80%
of the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2018, and (iii) 100% of the selling price
thereafter. If, at any time, however, the tax under this Act on
sales of gasohol, as defined in the Use Tax Act, is imposed at
the rate of 1.25%, then the tax imposed by this Act applies to
100% of the proceeds of sales of gasohol made during that time.
With respect to majority blended ethanol fuel, as defined
in the Use Tax Act, the tax imposed by this Act does not apply
to the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2018 but applies to 100% of the selling price
thereafter.
With respect to biodiesel blends, as defined in the Use Tax

HB4049 Enrolled - 476 - LRB099 03667 KTG 23678 b
Act, with no less than 1% and no more than 10% biodiesel, the
tax imposed by this Act applies to (i) 80% of the selling price
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2018 and
(ii) 100% of the proceeds of the selling price thereafter. If,
at any time, however, the tax under this Act on sales of
biodiesel blends, as defined in the Use Tax Act, with no less
than 1% and no more than 10% biodiesel is imposed at the rate
of 1.25%, then the tax imposed by this Act applies to 100% of
the proceeds of sales of biodiesel blends with no less than 1%
and no more than 10% biodiesel made during that time.
With respect to 100% biodiesel, as defined in the Use Tax
Act, and biodiesel blends, as defined in the Use Tax Act, with
more than 10% but no more than 99% biodiesel, the tax imposed
by this Act does not apply to the proceeds of the selling price
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2018 but
applies to 100% of the selling price thereafter.
At the election of any registered serviceman made for each
fiscal year, sales of service in which the aggregate annual
cost price of tangible personal property transferred as an
incident to the sales of service is less than 35%, or 75% in
the case of servicemen transferring prescription drugs or
servicemen engaged in graphic arts production, of the aggregate
annual total gross receipts from all sales of service, the tax
imposed by this Act shall be based on the serviceman's cost

HB4049 Enrolled - 477 - LRB099 03667 KTG 23678 b
price of the tangible personal property transferred as an
incident to the sale of those services.
The tax shall be imposed at the rate of 1% on food prepared
for immediate consumption and transferred incident to a sale of
service subject to this Act or the Service Occupation Tax Act
by an entity licensed under the Hospital Licensing Act, the
Nursing Home Care Act, the ID/DD Community Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, or the
Child Care Act of 1969. The tax shall also be imposed at the
rate of 1% on food for human consumption that is to be consumed
off the premises where it is sold (other than alcoholic
beverages, soft drinks, and food that has been prepared for
immediate consumption and is not otherwise included in this
paragraph) and prescription and nonprescription medicines,
drugs, medical appliances, modifications to a motor vehicle for
the purpose of rendering it usable by a person with a
disability disabled person, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use. For the purposes of this Section, until September 1, 2009:
the term "soft drinks" means any complete, finished,
ready-to-use, non-alcoholic drink, whether carbonated or not,
including but not limited to soda water, cola, fruit juice,
vegetable juice, carbonated water, and all other preparations
commonly known as soft drinks of whatever kind or description
that are contained in any closed or sealed bottle, can, carton,
or container, regardless of size; but "soft drinks" does not

HB4049 Enrolled - 478 - LRB099 03667 KTG 23678 b
include coffee, tea, non-carbonated water, infant formula,
milk or milk products as defined in the Grade A Pasteurized
Milk and Milk Products Act, or drinks containing 50% or more
natural fruit or vegetable juice.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft
drinks" do not include beverages that contain milk or milk
products, soy, rice or similar milk substitutes, or greater
than 50% of vegetable or fruit juice by volume.
Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a

HB4049 Enrolled - 479 - LRB099 03667 KTG 23678 b
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or other
ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
label includes:
(A) A "Drug Facts" panel; or
(B) A statement of the "active ingredient(s)" with a
list of those ingredients contained in the compound,
substance or preparation.
Beginning on January 1, 2014 (the effective date of Public
Act 98-122), "prescription and nonprescription medicines and
drugs" includes medical cannabis purchased from a registered
dispensing organization under the Compassionate Use of Medical

HB4049 Enrolled - 480 - LRB099 03667 KTG 23678 b
Cannabis Pilot Program Act.
If the property that is acquired from a serviceman is
acquired outside Illinois and used outside Illinois before
being brought to Illinois for use here and is taxable under
this Act, the "selling price" on which the tax is computed
shall be reduced by an amount that represents a reasonable
allowance for depreciation for the period of prior out-of-state
use.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-636,
eff. 6-1-12; 98-104, eff. 7-22-13; 98-122, eff. 1-1-14; 98-756,
eff. 7-16-14.)
Section 310. The Service Occupation Tax Act is amended by
changing Sections 3-8 and 3-10 as follows:
(35 ILCS 115/3-8)
Sec. 3-8. Hospital exemption.
(a) Tangible personal property sold to or used by a
hospital owner that owns one or more hospitals licensed under
the Hospital Licensing Act or operated under the University of
Illinois Hospital Act, or a hospital affiliate that is not
already exempt under another provision of this Act and meets
the criteria for an exemption under this Section, is exempt
from taxation under this Act.
(b) A hospital owner or hospital affiliate satisfies the
conditions for an exemption under this Section if the value of

HB4049 Enrolled - 481 - LRB099 03667 KTG 23678 b
qualified services or activities listed in subsection (c) of
this Section for the hospital year equals or exceeds the
relevant hospital entity's estimated property tax liability,
without regard to any property tax exemption granted under
Section 15-86 of the Property Tax Code, for the calendar year
in which exemption or renewal of exemption is sought. For
purposes of making the calculations required by this subsection
(b), if the relevant hospital entity is a hospital owner that
owns more than one hospital, the value of the services or
activities listed in subsection (c) shall be calculated on the
basis of only those services and activities relating to the
hospital that includes the subject property, and the relevant
hospital entity's estimated property tax liability shall be
calculated only with respect to the properties comprising that
hospital. In the case of a multi-state hospital system or
hospital affiliate, the value of the services or activities
listed in subsection (c) shall be calculated on the basis of
only those services and activities that occur in Illinois and
the relevant hospital entity's estimated property tax
liability shall be calculated only with respect to its property
located in Illinois.
(c) The following services and activities shall be
considered for purposes of making the calculations required by
subsection (b):
(1) Charity care. Free or discounted services provided
pursuant to the relevant hospital entity's financial

HB4049 Enrolled - 482 - LRB099 03667 KTG 23678 b
assistance policy, measured at cost, including discounts
provided under the Hospital Uninsured Patient Discount
Act.
(2) Health services to low-income and underserved
individuals. Other unreimbursed costs of the relevant
hospital entity for providing without charge, paying for,
or subsidizing goods, activities, or services for the
purpose of addressing the health of low-income or
underserved individuals. Those activities or services may
include, but are not limited to: financial or in-kind
support to affiliated or unaffiliated hospitals, hospital
affiliates, community clinics, or programs that treat
low-income or underserved individuals; paying for or
subsidizing health care professionals who care for
low-income or underserved individuals; providing or
subsidizing outreach or educational services to low-income
or underserved individuals for disease management and
prevention; free or subsidized goods, supplies, or
services needed by low-income or underserved individuals
because of their medical condition; and prenatal or
childbirth outreach to low-income or underserved persons.
(3) Subsidy of State or local governments. Direct or
indirect financial or in-kind subsidies of State or local
governments by the relevant hospital entity that pay for or
subsidize activities or programs related to health care for
low-income or underserved individuals.

HB4049 Enrolled - 483 - LRB099 03667 KTG 23678 b
(4) Support for State health care programs for
low-income individuals. At the election of the hospital
applicant for each applicable year, either (A) 10% of
payments to the relevant hospital entity and any hospital
affiliate designated by the relevant hospital entity
(provided that such hospital affiliate's operations
provide financial or operational support for or receive
financial or operational support from the relevant
hospital entity) under Medicaid or other means-tested
programs, including, but not limited to, General
Assistance, the Covering ALL KIDS Health Insurance Act, and
the State Children's Health Insurance Program or (B) the
amount of subsidy provided by the relevant hospital entity
and any hospital affiliate designated by the relevant
hospital entity (provided that such hospital affiliate's
operations provide financial or operational support for or
receive financial or operational support from the relevant
hospital entity) to State or local government in treating
Medicaid recipients and recipients of means-tested
programs, including but not limited to General Assistance,
the Covering ALL KIDS Health Insurance Act, and the State
Children's Health Insurance Program. The amount of subsidy
for purposes of this item (4) is calculated in the same
manner as unreimbursed costs are calculated for Medicaid
and other means-tested government programs in the Schedule
H of IRS Form 990 in effect on the effective date of this

HB4049 Enrolled - 484 - LRB099 03667 KTG 23678 b
amendatory Act of the 97th General Assembly.
(5) Dual-eligible subsidy. The amount of subsidy
provided to government by treating dual-eligible
Medicare/Medicaid patients. The amount of subsidy for
purposes of this item (5) is calculated by multiplying the
relevant hospital entity's unreimbursed costs for
Medicare, calculated in the same manner as determined in
the Schedule H of IRS Form 990 in effect on the effective
date of this amendatory Act of the 97th General Assembly,
by the relevant hospital entity's ratio of dual-eligible
patients to total Medicare patients.
(6) Relief of the burden of government related to
health care. Except to the extent otherwise taken into
account in this subsection, the portion of unreimbursed
costs of the relevant hospital entity attributable to
providing, paying for, or subsidizing goods, activities,
or services that relieve the burden of government related
to health care for low-income individuals. Such activities
or services shall include, but are not limited to,
providing emergency, trauma, burn, neonatal, psychiatric,
rehabilitation, or other special services; providing
medical education; and conducting medical research or
training of health care professionals. The portion of those
unreimbursed costs attributable to benefiting low-income
individuals shall be determined using the ratio calculated
by adding the relevant hospital entity's costs

HB4049 Enrolled - 485 - LRB099 03667 KTG 23678 b
attributable to charity care, Medicaid, other means-tested
government programs, Medicare patients with disabilities
disabled Medicare patients under age 65, and dual-eligible
Medicare/Medicaid patients and dividing that total by the
relevant hospital entity's total costs. Such costs for the
numerator and denominator shall be determined by
multiplying gross charges by the cost to charge ratio taken
from the hospital's most recently filed Medicare cost
report (CMS 2252-10 Worksheet, Part I). In the case of
emergency services, the ratio shall be calculated using
costs (gross charges multiplied by the cost to charge ratio
taken from the hospital's most recently filed Medicare cost
report (CMS 2252-10 Worksheet, Part I)) of patients treated
in the relevant hospital entity's emergency department.
(7) Any other activity by the relevant hospital entity
that the Department determines relieves the burden of
government or addresses the health of low-income or
underserved individuals.
(d) The hospital applicant shall include information in its
exemption application establishing that it satisfies the
requirements of subsection (b). For purposes of making the
calculations required by subsection (b), the hospital
applicant may for each year elect to use either (1) the value
of the services or activities listed in subsection (e) for the
hospital year or (2) the average value of those services or
activities for the 3 fiscal years ending with the hospital

HB4049 Enrolled - 486 - LRB099 03667 KTG 23678 b
year. If the relevant hospital entity has been in operation for
less than 3 completed fiscal years, then the latter
calculation, if elected, shall be performed on a pro rata
basis.
(e) For purposes of making the calculations required by
this Section:
(1) particular services or activities eligible for
consideration under any of the paragraphs (1) through (7)
of subsection (c) may not be counted under more than one of
those paragraphs; and
(2) the amount of unreimbursed costs and the amount of
subsidy shall not be reduced by restricted or unrestricted
payments received by the relevant hospital entity as
contributions deductible under Section 170(a) of the
Internal Revenue Code.
(f) (Blank).
(g) Estimation of Exempt Property Tax Liability. The
estimated property tax liability used for the determination in
subsection (b) shall be calculated as follows:
(1) "Estimated property tax liability" means the
estimated dollar amount of property tax that would be owed,
with respect to the exempt portion of each of the relevant
hospital entity's properties that are already fully or
partially exempt, or for which an exemption in whole or in
part is currently being sought, and then aggregated as
applicable, as if the exempt portion of those properties

HB4049 Enrolled - 487 - LRB099 03667 KTG 23678 b
were subject to tax, calculated with respect to each such
property by multiplying:
(A) the lesser of (i) the actual assessed value, if
any, of the portion of the property for which an
exemption is sought or (ii) an estimated assessed value
of the exempt portion of such property as determined in
item (2) of this subsection (g), by
(B) the applicable State equalization rate
(yielding the equalized assessed value), by
(C) the applicable tax rate.
(2) The estimated assessed value of the exempt portion
of the property equals the sum of (i) the estimated fair
market value of buildings on the property, as determined in
accordance with subparagraphs (A) and (B) of this item (2),
multiplied by the applicable assessment factor, and (ii)
the estimated assessed value of the land portion of the
property, as determined in accordance with subparagraph
(C).
(A) The "estimated fair market value of buildings
on the property" means the replacement value of any
exempt portion of buildings on the property, minus
depreciation, determined utilizing the cost
replacement method whereby the exempt square footage
of all such buildings is multiplied by the replacement
cost per square foot for Class A Average building found
in the most recent edition of the Marshall & Swift

HB4049 Enrolled - 488 - LRB099 03667 KTG 23678 b
Valuation Services Manual, adjusted by any appropriate
current cost and local multipliers.
(B) Depreciation, for purposes of calculating the
estimated fair market value of buildings on the
property, is applied by utilizing a weighted mean life
for the buildings based on original construction and
assuming a 40-year life for hospital buildings and the
applicable life for other types of buildings as
specified in the American Hospital Association
publication "Estimated Useful Lives of Depreciable
Hospital Assets". In the case of hospital buildings,
the remaining life is divided by 40 and this ratio is
multiplied by the replacement cost of the buildings to
obtain an estimated fair market value of buildings. If
a hospital building is older than 35 years, a remaining
life of 5 years for residual value is assumed; and if a
building is less than 8 years old, a remaining life of
32 years is assumed.
(C) The estimated assessed value of the land
portion of the property shall be determined by
multiplying (i) the per square foot average of the
assessed values of three parcels of land (not including
farm land, and excluding the assessed value of the
improvements thereon) reasonably comparable to the
property, by (ii) the number of square feet comprising
the exempt portion of the property's land square

HB4049 Enrolled - 489 - LRB099 03667 KTG 23678 b
footage.
(3) The assessment factor, State equalization rate,
and tax rate (including any special factors such as
Enterprise Zones) used in calculating the estimated
property tax liability shall be for the most recent year
that is publicly available from the applicable chief county
assessment officer or officers at least 90 days before the
end of the hospital year.
(4) The method utilized to calculate estimated
property tax liability for purposes of this Section 15-86
shall not be utilized for the actual valuation, assessment,
or taxation of property pursuant to the Property Tax Code.
(h) For the purpose of this Section, the following terms
shall have the meanings set forth below:
(1) "Hospital" means any institution, place, building,
buildings on a campus, or other health care facility
located in Illinois that is licensed under the Hospital
Licensing Act and has a hospital owner.
(2) "Hospital owner" means a not-for-profit
corporation that is the titleholder of a hospital, or the
owner of the beneficial interest in an Illinois land trust
that is the titleholder of a hospital.
(3) "Hospital affiliate" means any corporation,
partnership, limited partnership, joint venture, limited
liability company, association or other organization,
other than a hospital owner, that directly or indirectly

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

HB4049 Enrolled - 491 - LRB099 03667 KTG 23678 b
calculation under subsection (b) of this Section.
(9) "Hospital year" means the fiscal year of the
relevant hospital entity, or the fiscal year of one of the
hospital owners in the hospital system if the relevant
hospital entity is a hospital system with members with
different fiscal years, that ends in the year for which the
exemption is sought.
(Source: P.A. 97-688, eff. 6-14-12; 98-463, eff. 8-16-13.)
(35 ILCS 115/3-10) (from Ch. 120, par. 439.103-10)
Sec. 3-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of
the "selling price", as defined in Section 2 of the Service Use
Tax Act, of the tangible personal property. For the purpose of
computing this tax, in no event shall the "selling price" be
less than the cost price to the serviceman of the tangible
personal property transferred. The selling price of each item
of tangible personal property transferred as an incident of a
sale of service may be shown as a distinct and separate item on
the serviceman's billing to the service customer. If the
selling price is not so shown, the selling price of the
tangible personal property is deemed to be 50% of the
serviceman's entire billing to the service customer. When,
however, a serviceman contracts to design, develop, and produce
special order machinery or equipment, the tax imposed by this
Act shall be based on the serviceman's cost price of the

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

HB4049 Enrolled - 493 - LRB099 03667 KTG 23678 b
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2018 and
(ii) 100% of the proceeds of the selling price thereafter. If,
at any time, however, the tax under this Act on sales of
biodiesel blends, as defined in the Use Tax Act, with no less
than 1% and no more than 10% biodiesel is imposed at the rate
of 1.25%, then the tax imposed by this Act applies to 100% of
the proceeds of sales of biodiesel blends with no less than 1%
and no more than 10% biodiesel made during that time.
With respect to 100% biodiesel, as defined in the Use Tax
Act, and biodiesel blends, as defined in the Use Tax Act, with
more than 10% but no more than 99% biodiesel material, the tax
imposed by this Act does not apply to the proceeds of the
selling price of property transferred as an incident to the
sale of service on or after July 1, 2003 and on or before
December 31, 2018 but applies to 100% of the selling price
thereafter.
At the election of any registered serviceman made for each
fiscal year, sales of service in which the aggregate annual
cost price of tangible personal property transferred as an
incident to the sales of service is less than 35%, or 75% in
the case of servicemen transferring prescription drugs or
servicemen engaged in graphic arts production, of the aggregate
annual total gross receipts from all sales of service, the tax
imposed by this Act shall be based on the serviceman's cost
price of the tangible personal property transferred incident to

HB4049 Enrolled - 494 - LRB099 03667 KTG 23678 b
the sale of those services.
The tax shall be imposed at the rate of 1% on food prepared
for immediate consumption and transferred incident to a sale of
service subject to this Act or the Service Occupation Tax Act
by an entity licensed under the Hospital Licensing Act, the
Nursing Home Care Act, the ID/DD Community Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, or the
Child Care Act of 1969. The tax shall also be imposed at the
rate of 1% on food for human consumption that is to be consumed
off the premises where it is sold (other than alcoholic
beverages, soft drinks, and food that has been prepared for
immediate consumption and is not otherwise included in this
paragraph) and prescription and nonprescription medicines,
drugs, medical appliances, modifications to a motor vehicle for
the purpose of rendering it usable by a person with a
disability disabled person, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use. For the purposes of this Section, until September 1, 2009:
the term "soft drinks" means any complete, finished,
ready-to-use, non-alcoholic drink, whether carbonated or not,
including but not limited to soda water, cola, fruit juice,
vegetable juice, carbonated water, and all other preparations
commonly known as soft drinks of whatever kind or description
that are contained in any closed or sealed can, carton, or
container, regardless of size; but "soft drinks" does not
include coffee, tea, non-carbonated water, infant formula,

HB4049 Enrolled - 495 - LRB099 03667 KTG 23678 b
milk or milk products as defined in the Grade A Pasteurized
Milk and Milk Products Act, or drinks containing 50% or more
natural fruit or vegetable juice.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft
drinks" do not include beverages that contain milk or milk
products, soy, rice or similar milk substitutes, or greater
than 50% of vegetable or fruit juice by volume.
Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial

HB4049 Enrolled - 496 - LRB099 03667 KTG 23678 b
sweeteners in combination with chocolate, fruits, nuts or other
ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 C.F.R. § 201.66. The "over-the-counter-drug"
label includes:
(A) A "Drug Facts" panel; or
(B) A statement of the "active ingredient(s)" with a
list of those ingredients contained in the compound,
substance or preparation.
Beginning on January 1, 2014 (the effective date of Public
Act 98-122), "prescription and nonprescription medicines and
drugs" includes medical cannabis purchased from a registered
dispensing organization under the Compassionate Use of Medical
Cannabis Pilot Program Act.

HB4049 Enrolled - 497 - LRB099 03667 KTG 23678 b
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-636,
eff. 6-1-12; 98-104, eff. 7-22-13; 98-122, eff. 1-1-14; 98-756,
eff. 7-16-14.)
Section 315. The Retailers' Occupation Tax Act is amended
by changing Sections 2-9 and 2-10 as follows:
(35 ILCS 120/2-9)
Sec. 2-9. Hospital exemption.
(a) Tangible personal property sold to or used by a
hospital owner that owns one or more hospitals licensed under
the Hospital Licensing Act or operated under the University of
Illinois Hospital Act, or a hospital affiliate that is not
already exempt under another provision of this Act and meets
the criteria for an exemption under this Section, is exempt
from taxation under this Act.
(b) A hospital owner or hospital affiliate satisfies the
conditions for an exemption under this Section if the value of
qualified services or activities listed in subsection (c) of
this Section for the hospital year equals or exceeds the
relevant hospital entity's estimated property tax liability,
without regard to any property tax exemption granted under
Section 15-86 of the Property Tax Code, for the calendar year
in which exemption or renewal of exemption is sought. For
purposes of making the calculations required by this subsection
(b), if the relevant hospital entity is a hospital owner that

HB4049 Enrolled - 498 - LRB099 03667 KTG 23678 b
owns more than one hospital, the value of the services or
activities listed in subsection (c) shall be calculated on the
basis of only those services and activities relating to the
hospital that includes the subject property, and the relevant
hospital entity's estimated property tax liability shall be
calculated only with respect to the properties comprising that
hospital. In the case of a multi-state hospital system or
hospital affiliate, the value of the services or activities
listed in subsection (c) shall be calculated on the basis of
only those services and activities that occur in Illinois and
the relevant hospital entity's estimated property tax
liability shall be calculated only with respect to its property
located in Illinois.
(c) The following services and activities shall be
considered for purposes of making the calculations required by
subsection (b):
(1) Charity care. Free or discounted services provided
pursuant to the relevant hospital entity's financial
assistance policy, measured at cost, including discounts
provided under the Hospital Uninsured Patient Discount
Act.
(2) Health services to low-income and underserved
individuals. Other unreimbursed costs of the relevant
hospital entity for providing without charge, paying for,
or subsidizing goods, activities, or services for the
purpose of addressing the health of low-income or

HB4049 Enrolled - 499 - LRB099 03667 KTG 23678 b
underserved individuals. Those activities or services may
include, but are not limited to: financial or in-kind
support to affiliated or unaffiliated hospitals, hospital
affiliates, community clinics, or programs that treat
low-income or underserved individuals; paying for or
subsidizing health care professionals who care for
low-income or underserved individuals; providing or
subsidizing outreach or educational services to low-income
or underserved individuals for disease management and
prevention; free or subsidized goods, supplies, or
services needed by low-income or underserved individuals
because of their medical condition; and prenatal or
childbirth outreach to low-income or underserved persons.
(3) Subsidy of State or local governments. Direct or
indirect financial or in-kind subsidies of State or local
governments by the relevant hospital entity that pay for or
subsidize activities or programs related to health care for
low-income or underserved individuals.
(4) Support for State health care programs for
low-income individuals. At the election of the hospital
applicant for each applicable year, either (A) 10% of
payments to the relevant hospital entity and any hospital
affiliate designated by the relevant hospital entity
(provided that such hospital affiliate's operations
provide financial or operational support for or receive
financial or operational support from the relevant

HB4049 Enrolled - 500 - LRB099 03667 KTG 23678 b
hospital entity) under Medicaid or other means-tested
programs, including, but not limited to, General
Assistance, the Covering ALL KIDS Health Insurance Act, and
the State Children's Health Insurance Program or (B) the
amount of subsidy provided by the relevant hospital entity
and any hospital affiliate designated by the relevant
hospital entity (provided that such hospital affiliate's
operations provide financial or operational support for or
receive financial or operational support from the relevant
hospital entity) to State or local government in treating
Medicaid recipients and recipients of means-tested
programs, including but not limited to General Assistance,
the Covering ALL KIDS Health Insurance Act, and the State
Children's Health Insurance Program. The amount of subsidy
for purposes of this item (4) is calculated in the same
manner as unreimbursed costs are calculated for Medicaid
and other means-tested government programs in the Schedule
H of IRS Form 990 in effect on the effective date of this
amendatory Act of the 97th General Assembly.
(5) Dual-eligible subsidy. The amount of subsidy
provided to government by treating dual-eligible
Medicare/Medicaid patients. The amount of subsidy for
purposes of this item (5) is calculated by multiplying the
relevant hospital entity's unreimbursed costs for
Medicare, calculated in the same manner as determined in
the Schedule H of IRS Form 990 in effect on the effective

HB4049 Enrolled - 501 - LRB099 03667 KTG 23678 b
date of this amendatory Act of the 97th General Assembly,
by the relevant hospital entity's ratio of dual-eligible
patients to total Medicare patients.
(6) Relief of the burden of government related to
health care. Except to the extent otherwise taken into
account in this subsection, the portion of unreimbursed
costs of the relevant hospital entity attributable to
providing, paying for, or subsidizing goods, activities,
or services that relieve the burden of government related
to health care for low-income individuals. Such activities
or services shall include, but are not limited to,
providing emergency, trauma, burn, neonatal, psychiatric,
rehabilitation, or other special services; providing
medical education; and conducting medical research or
training of health care professionals. The portion of those
unreimbursed costs attributable to benefiting low-income
individuals shall be determined using the ratio calculated
by adding the relevant hospital entity's costs
attributable to charity care, Medicaid, other means-tested
government programs, Medicare patients with disabilities
disabled Medicare patients under age 65, and dual-eligible
Medicare/Medicaid patients and dividing that total by the
relevant hospital entity's total costs. Such costs for the
numerator and denominator shall be determined by
multiplying gross charges by the cost to charge ratio taken
from the hospital's most recently filed Medicare cost

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

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

HB4049 Enrolled - 504 - LRB099 03667 KTG 23678 b
(yielding the equalized assessed value), by
(C) the applicable tax rate.
(2) The estimated assessed value of the exempt portion
of the property equals the sum of (i) the estimated fair
market value of buildings on the property, as determined in
accordance with subparagraphs (A) and (B) of this item (2),
multiplied by the applicable assessment factor, and (ii)
the estimated assessed value of the land portion of the
property, as determined in accordance with subparagraph
(C).
(A) The "estimated fair market value of buildings
on the property" means the replacement value of any
exempt portion of buildings on the property, minus
depreciation, determined utilizing the cost
replacement method whereby the exempt square footage
of all such buildings is multiplied by the replacement
cost per square foot for Class A Average building found
in the most recent edition of the Marshall & Swift
Valuation Services Manual, adjusted by any appropriate
current cost and local multipliers.
(B) Depreciation, for purposes of calculating the
estimated fair market value of buildings on the
property, is applied by utilizing a weighted mean life
for the buildings based on original construction and
assuming a 40-year life for hospital buildings and the
applicable life for other types of buildings as

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

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

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

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

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offense for which the fine shall be $500 per day per each
retail premises where a violation occurs.
With respect to gasohol, as defined in the Use Tax Act, the
tax imposed by this Act applies to (i) 70% of the proceeds of
sales made on or after January 1, 1990, and before July 1,
2003, (ii) 80% of the proceeds of sales made on or after July
1, 2003 and on or before December 31, 2018, and (iii) 100% of
the proceeds of sales made thereafter. If, at any time,
however, the tax under this Act on sales of gasohol, as defined
in the Use Tax Act, is imposed at the rate of 1.25%, then the
tax imposed by this Act applies to 100% of the proceeds of
sales of gasohol made during that time.
With respect to majority blended ethanol fuel, as defined
in the Use Tax Act, the tax imposed by this Act does not apply
to the proceeds of sales made on or after July 1, 2003 and on or
before December 31, 2018 but applies to 100% of the proceeds of
sales made thereafter.
With respect to biodiesel blends, as defined in the Use Tax
Act, with no less than 1% and no more than 10% biodiesel, the
tax imposed by this Act applies to (i) 80% of the proceeds of
sales made on or after July 1, 2003 and on or before December
31, 2018 and (ii) 100% of the proceeds of sales made
thereafter. If, at any time, however, the tax under this Act on
sales of biodiesel blends, as defined in the Use Tax Act, with
no less than 1% and no more than 10% biodiesel is imposed at
the rate of 1.25%, then the tax imposed by this Act applies to

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

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products as defined in the Grade A Pasteurized Milk and Milk
Products Act, or drinks containing 50% or more natural fruit or
vegetable juice.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft
drinks" do not include beverages that contain milk or milk
products, soy, rice or similar milk substitutes, or greater
than 50% of vegetable or fruit juice by volume.
Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial

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

HB4049 Enrolled - 513 - LRB099 03667 KTG 23678 b
(Source: P.A. 97-636, eff. 6-1-12; 98-122, eff. 1-1-14.)
Section 325. The Property Tax Code is amended by changing
Sections 9-275, 15-10, 15-86, 15-165, 15-168, 15-169, 15-172,
15-175, 18-185, 20-15, and 21-27 as follows:
(35 ILCS 200/9-275)
Sec. 9-275. Erroneous homestead exemptions.
(a) For purposes of this Section:
"Erroneous homestead exemption" means a homestead
exemption that was granted for real property in a taxable year
if the property was not eligible for that exemption in that
taxable year. If the taxpayer receives an erroneous homestead
exemption under a single Section of this Code for the same
property in multiple years, that exemption is considered a
single erroneous homestead exemption for purposes of this
Section. However, if the taxpayer receives erroneous homestead
exemptions under multiple Sections of this Code for the same
property, or if the taxpayer receives erroneous homestead
exemptions under the same Section of this Code for multiple
properties, then each of those exemptions is considered a
separate erroneous homestead exemption for purposes of this
Section.
"Homestead exemption" means an exemption under Section
15-165 (veterans with disabilities disabled veterans), 15-167
(returning veterans), 15-168 (persons with disabilities

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

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

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

HB4049 Enrolled - 517 - LRB099 03667 KTG 23678 b
notice of intent to record a lien or within 30 days after the
notice of intent to record a lien is served.
(d) The notice of intent to record a lien described in
subsection (c) shall: (1) identify, by property index number,
the property against which the lien is being sought; (2)
identify each specific homestead exemption that was
erroneously granted and the year or years in which each
exemption was granted; (3) set forth the erroneous exemption
principal amount due and the interest amount and any penalty
and administrative costs due; (4) inform the taxpayer that he
or she may request a hearing within 30 days after service and
may appeal the hearing officer's ruling to the circuit court;
(5) inform the taxpayer that he or she may pay the erroneous
exemption principal amount, plus interest and penalties,
within 30 days after service; and (6) inform the taxpayer that,
if the lien is recorded against the property, the amount of the
lien will be adjusted to include the applicable recording fee
and that fees for recording a release of the lien shall be
incurred by the taxpayer. A lien shall not be filed pursuant to
this Section if the taxpayer pays the erroneous exemption
principal amount, plus penalties and interest, within 30 days
of service of the notice of intent to record a lien.
(e) The notice of intent to record a lien shall also
include a form that the taxpayer may return to the chief county
assessment officer to request a hearing. The taxpayer may
request a hearing by returning the form within 30 days after

HB4049 Enrolled - 518 - LRB099 03667 KTG 23678 b
service. The hearing shall be held within 90 days after the
taxpayer is served. The chief county assessment officer shall
promulgate rules of service and procedure for the hearing. The
chief county assessment officer must generally follow rules of
evidence and practices that prevail in the county circuit
courts, but, because of the nature of these proceedings, the
chief county assessment officer is not bound by those rules in
all particulars. The chief county assessment officer shall
appoint a hearing officer to oversee the hearing. The taxpayer
shall be allowed to present evidence to the hearing officer at
the hearing. After taking into consideration all the relevant
testimony and evidence, the hearing officer shall make an
administrative decision on whether the taxpayer was
erroneously granted a homestead exemption for the taxable year
in question. The taxpayer may appeal the hearing officer's
ruling to the circuit court of the county where the property is
located as a final administrative decision under the
Administrative Review Law.
(f) A lien against the property imposed under this Section
shall be filed with the county recorder of deeds, but may not
be filed sooner than 60 days after the notice of intent to
record a lien was delivered to the taxpayer if the taxpayer
does not request a hearing, or until the conclusion of the
hearing and all appeals if the taxpayer does request a hearing.
If a lien is filed pursuant to this Section and the taxpayer
received one or 2 erroneous homestead exemptions during any of

HB4049 Enrolled - 519 - LRB099 03667 KTG 23678 b
the 3 collection years immediately prior to the current
collection year in which the notice of discovery is served,
then the erroneous exemption principal amount, plus 10%
interest per annum or portion thereof from the date the
erroneous exemption principal amount would have become due if
properly included in the tax bill, shall be charged against the
property by the chief county assessment officer. However, if a
lien is filed pursuant to this Section and the taxpayer
received 3 or more erroneous homestead exemptions during any of
the 6 collection years immediately prior to the current
collection year in which the notice of discovery is served, the
erroneous exemption principal amount, plus a penalty of 50% of
the total amount of the erroneous exemption principal amount
for that property and 10% interest per annum or portion thereof
from the date the erroneous exemption principal amount would
have become due if properly included in the tax bill, shall be
charged against the property by the chief county assessment
officer. If a lien is filed pursuant to this Section, the
taxpayer shall not be liable for interest that accrues between
the date the notice of discovery is served and the date the
lien is filed. Before recording the lien with the county
recorder of deeds, the chief county assessment officer shall
adjust the amount of the lien to add administrative costs,
including but not limited to the applicable recording fee, to
the total lien amount.
(g) If a person received an erroneous homestead exemption

HB4049 Enrolled - 520 - LRB099 03667 KTG 23678 b
under Section 15-170 and: (1) the person was the spouse, child,
grandchild, brother, sister, niece, or nephew of the previous
taxpayer; and (2) the person received the property by bequest
or inheritance; then the person is not liable for the penalties
imposed under this Section for any year or years during which
the chief county assessment officer did not require an annual
application for the exemption. However, that person is
responsible for any interest owed under subsection (f).
(h) If the erroneous homestead exemption was granted as a
result of a clerical error or omission on the part of the chief
county assessment officer, and if the taxpayer has paid the tax
bills as received for the year in which the error occurred,
then the interest and penalties authorized by this Section with
respect to that homestead exemption shall not be chargeable to
the taxpayer. However, nothing in this Section shall prevent
the collection of the erroneous exemption principal amount due
and owing.
(i) A lien under this Section is not valid as to (1) any
bona fide purchaser for value without notice of the erroneous
homestead exemption whose rights in and to the underlying
parcel arose after the erroneous homestead exemption was
granted but before the filing of the notice of lien; or (2) any
mortgagee, judgment creditor, or other lienor whose rights in
and to the underlying parcel arose before the filing of the
notice of lien. A title insurance policy for the property that
is issued by a title company licensed to do business in the

HB4049 Enrolled - 521 - LRB099 03667 KTG 23678 b
State showing that the property is free and clear of any liens
imposed under this Section shall be prima facie evidence that
the taxpayer is without notice of the erroneous homestead
exemption. Nothing in this Section shall be deemed to impair
the rights of subsequent creditors and subsequent purchasers
under Section 30 of the Conveyances Act.
(j) When a lien is filed against the property pursuant to
this Section, the chief county assessment officer shall mail a
copy of the lien to the person to whom the most recent tax bill
was mailed and to the owner of record, and the outstanding
liability created by such a lien is due and payable within 30
days after the mailing of the lien by the chief county
assessment officer. This liability is deemed delinquent and
shall bear interest beginning on the day after the due date at
a rate of 1.5% per month or portion thereof. Payment shall be
made to the county treasurer. Upon receipt of the full amount
due, as determined by the chief county assessment officer, the
county treasurer shall distribute the amount paid as provided
in subsection (k). Upon presentment by the taxpayer to the
chief county assessment officer of proof of payment of the
total liability, the chief county assessment officer shall
provide in reasonable form a release of the lien. The release
of the lien provided shall clearly inform the taxpayer that it
is the responsibility of the taxpayer to record the lien
release form with the county recorder of deeds and to pay any
applicable recording fees.

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

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

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

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

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

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

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

HB4049 Enrolled - 529 - LRB099 03667 KTG 23678 b
significantly through their participation in and
substantial financial subsidization of the Illinois
Medicaid program, which could not operate without the
participation and partnership of Illinois hospitals.
(5) Working with the Illinois hospital community and
other interested parties, the General Assembly has
developed a comprehensive combination of related
legislation that addresses hospital property tax
exemption, significantly increases access to free health
care for indigent persons, and strengthens the Medical
Assistance program. It is the intent of the General
Assembly to establish a new category of ownership for
charitable property tax exemption to be applied to
not-for-profit hospitals and hospital affiliates in lieu
of the existing ownership category of "institutions of
public charity". It is also the intent of the General
Assembly to establish quantifiable standards for the
issuance of charitable exemptions for such property. It is
not the intent of the General Assembly to declare any
property exempt ipso facto, but rather to establish
criteria to be applied to the facts on a case-by-case
basis.
(b) For the purpose of this Section and Section 15-10, the
following terms shall have the meanings set forth below:
(1) "Hospital" means any institution, place, building,
buildings on a campus, or other health care facility

HB4049 Enrolled - 530 - LRB099 03667 KTG 23678 b
located in Illinois that is licensed under the Hospital
Licensing Act and has a hospital owner.
(2) "Hospital owner" means a not-for-profit
corporation that is the titleholder of a hospital, or the
owner of the beneficial interest in an Illinois land trust
that is the titleholder of a hospital.
(3) "Hospital affiliate" means any corporation,
partnership, limited partnership, joint venture, limited
liability company, association or other organization,
other than a hospital owner, that directly or indirectly
controls, is controlled by, or is under common control with
one or more hospital owners and that supports, is supported
by, or acts in furtherance of the exempt health care
purposes of at least one of those hospital owners'
hospitals.
(4) "Hospital system" means a hospital and one or more
other hospitals or hospital affiliates related by common
control or ownership.
(5) "Control" relating to hospital owners, hospital
affiliates, or hospital systems means possession, direct
or indirect, of the power to direct or cause the direction
of the management and policies of the entity, whether
through ownership of assets, membership interest, other
voting or governance rights, by contract or otherwise.
(6) "Hospital applicant" means a hospital owner or
hospital affiliate that files an application for a property

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

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

HB4049 Enrolled - 533 - LRB099 03667 KTG 23678 b
exemption application establishing that it satisfies the
requirements of subsection (c). For purposes of making the
calculations required by subsection (c), the hospital
applicant may for each year elect to use either (1) the value
of the services or activities listed in subsection (e) for the
hospital year or (2) the average value of those services or
activities for the 3 fiscal years ending with the hospital
year. If the relevant hospital entity has been in operation for
less than 3 completed fiscal years, then the latter
calculation, if elected, shall be performed on a pro rata
basis.
(e) Services that address the health care needs of
low-income or underserved individuals or relieve the burden of
government with regard to health care services. The following
services and activities shall be considered for purposes of
making the calculations required by subsection (c):
(1) Charity care. Free or discounted services provided
pursuant to the relevant hospital entity's financial
assistance policy, measured at cost, including discounts
provided under the Hospital Uninsured Patient Discount
Act.
(2) Health services to low-income and underserved
individuals. Other unreimbursed costs of the relevant
hospital entity for providing without charge, paying for,
or subsidizing goods, activities, or services for the
purpose of addressing the health of low-income or

HB4049 Enrolled - 534 - LRB099 03667 KTG 23678 b
underserved individuals. Those activities or services may
include, but are not limited to: financial or in-kind
support to affiliated or unaffiliated hospitals, hospital
affiliates, community clinics, or programs that treat
low-income or underserved individuals; paying for or
subsidizing health care professionals who care for
low-income or underserved individuals; providing or
subsidizing outreach or educational services to low-income
or underserved individuals for disease management and
prevention; free or subsidized goods, supplies, or
services needed by low-income or underserved individuals
because of their medical condition; and prenatal or
childbirth outreach to low-income or underserved persons.
(3) Subsidy of State or local governments. Direct or
indirect financial or in-kind subsidies of State or local
governments by the relevant hospital entity that pay for or
subsidize activities or programs related to health care for
low-income or underserved individuals.
(4) Support for State health care programs for
low-income individuals. At the election of the hospital
applicant for each applicable year, either (A) 10% of
payments to the relevant hospital entity and any hospital
affiliate designated by the relevant hospital entity
(provided that such hospital affiliate's operations
provide financial or operational support for or receive
financial or operational support from the relevant

HB4049 Enrolled - 535 - LRB099 03667 KTG 23678 b
hospital entity) under Medicaid or other means-tested
programs, including, but not limited to, General
Assistance, the Covering ALL KIDS Health Insurance Act, and
the State Children's Health Insurance Program or (B) the
amount of subsidy provided by the relevant hospital entity
and any hospital affiliate designated by the relevant
hospital entity (provided that such hospital affiliate's
operations provide financial or operational support for or
receive financial or operational support from the relevant
hospital entity) to State or local government in treating
Medicaid recipients and recipients of means-tested
programs, including but not limited to General Assistance,
the Covering ALL KIDS Health Insurance Act, and the State
Children's Health Insurance Program. The amount of subsidy
for purposes of this item (4) is calculated in the same
manner as unreimbursed costs are calculated for Medicaid
and other means-tested government programs in the Schedule
H of IRS Form 990 in effect on the effective date of this
amendatory Act of the 97th General Assembly; provided,
however, that in any event unreimbursed costs shall be net
of fee-for-services payments, payments pursuant to an
assessment, quarterly payments, and all other payments
included on the schedule H of the IRS form 990.
(5) Dual-eligible subsidy. The amount of subsidy
provided to government by treating dual-eligible
Medicare/Medicaid patients. The amount of subsidy for

HB4049 Enrolled - 536 - LRB099 03667 KTG 23678 b
purposes of this item (5) is calculated by multiplying the
relevant hospital entity's unreimbursed costs for
Medicare, calculated in the same manner as determined in
the Schedule H of IRS Form 990 in effect on the effective
date of this amendatory Act of the 97th General Assembly,
by the relevant hospital entity's ratio of dual-eligible
patients to total Medicare patients.
(6) Relief of the burden of government related to
health care of low-income individuals. Except to the extent
otherwise taken into account in this subsection, the
portion of unreimbursed costs of the relevant hospital
entity attributable to providing, paying for, or
subsidizing goods, activities, or services that relieve
the burden of government related to health care for
low-income individuals. Such activities or services shall
include, but are not limited to, providing emergency,
trauma, burn, neonatal, psychiatric, rehabilitation, or
other special services; providing medical education; and
conducting medical research or training of health care
professionals. The portion of those unreimbursed costs
attributable to benefiting low-income individuals shall be
determined using the ratio calculated by adding the
relevant hospital entity's costs attributable to charity
care, Medicaid, other means-tested government programs,
Medicare patients with disabilities disabled Medicare
patients under age 65, and dual-eligible Medicare/Medicaid

HB4049 Enrolled - 537 - LRB099 03667 KTG 23678 b
patients and dividing that total by the relevant hospital
entity's total costs. Such costs for the numerator and
denominator shall be determined by multiplying gross
charges by the cost to charge ratio taken from the
hospitals' most recently filed Medicare cost report (CMS
2252-10 Worksheet C, Part I). In the case of emergency
services, the ratio shall be calculated using costs (gross
charges multiplied by the cost to charge ratio taken from
the hospitals' most recently filed Medicare cost report
(CMS 2252-10 Worksheet C, Part I)) of patients treated in
the relevant hospital entity's emergency department.
(7) Any other activity by the relevant hospital entity
that the Department determines relieves the burden of
government or addresses the health of low-income or
underserved individuals.
(f) For purposes of making the calculations required by
subsections (c) and (e):
(1) particular services or activities eligible for
consideration under any of the paragraphs (1) through (7)
of subsection (e) may not be counted under more than one of
those paragraphs; and
(2) the amount of unreimbursed costs and the amount of
subsidy shall not be reduced by restricted or unrestricted
payments received by the relevant hospital entity as
contributions deductible under Section 170(a) of the
Internal Revenue Code.

HB4049 Enrolled - 538 - LRB099 03667 KTG 23678 b
(g) Estimation of Exempt Property Tax Liability. The
estimated property tax liability used for the determination in
subsection (c) shall be calculated as follows:
(1) "Estimated property tax liability" means the
estimated dollar amount of property tax that would be owed,
with respect to the exempt portion of each of the relevant
hospital entity's properties that are already fully or
partially exempt, or for which an exemption in whole or in
part is currently being sought, and then aggregated as
applicable, as if the exempt portion of those properties
were subject to tax, calculated with respect to each such
property by multiplying:
(A) the lesser of (i) the actual assessed value, if
any, of the portion of the property for which an
exemption is sought or (ii) an estimated assessed value
of the exempt portion of such property as determined in
item (2) of this subsection (g), by:
(B) the applicable State equalization rate
(yielding the equalized assessed value), by
(C) the applicable tax rate.
(2) The estimated assessed value of the exempt portion
of the property equals the sum of (i) the estimated fair
market value of buildings on the property, as determined in
accordance with subparagraphs (A) and (B) of this item (2),
multiplied by the applicable assessment factor, and (ii)
the estimated assessed value of the land portion of the

HB4049 Enrolled - 539 - LRB099 03667 KTG 23678 b
property, as determined in accordance with subparagraph
(C).
(A) The "estimated fair market value of buildings
on the property" means the replacement value of any
exempt portion of buildings on the property, minus
depreciation, determined utilizing the cost
replacement method whereby the exempt square footage
of all such buildings is multiplied by the replacement
cost per square foot for Class A Average building found
in the most recent edition of the Marshall & Swift
Valuation Services Manual, adjusted by any appropriate
current cost and local multipliers.
(B) Depreciation, for purposes of calculating the
estimated fair market value of buildings on the
property, is applied by utilizing a weighted mean life
for the buildings based on original construction and
assuming a 40-year life for hospital buildings and the
applicable life for other types of buildings as
specified in the American Hospital Association
publication "Estimated Useful Lives of Depreciable
Hospital Assets". In the case of hospital buildings,
the remaining life is divided by 40 and this ratio is
multiplied by the replacement cost of the buildings to
obtain an estimated fair market value of buildings. If
a hospital building is older than 35 years, a remaining
life of 5 years for residual value is assumed; and if a

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

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

HB4049 Enrolled - 542 - LRB099 03667 KTG 23678 b
(35 ILCS 200/15-165)
Sec. 15-165. Veterans with disabilities Disabled veterans.
Property up to an assessed value of $100,000, owned and used
exclusively by a veteran with a disability disabled veteran, or
the spouse or unmarried surviving spouse of the veteran, as a
home, is exempt. As used in this Section, a "veteran with a
disability" disabled veteran means a person who has served in
the Armed Forces of the United States and whose disability is
of such a nature that the Federal Government has authorized
payment for purchase or construction of Specially Adapted
Housing as set forth in the United States Code, Title 38,
Chapter 21, Section 2101.
The exemption applies to housing where Federal funds have
been used to purchase or construct special adaptations to suit
the veteran's disability.
The exemption also applies to housing that is specially
adapted to suit the veteran's disability, and purchased
entirely or in part by the proceeds of a sale, casualty loss
reimbursement, or other transfer of a home for which the
Federal Government had previously authorized payment for
purchase or construction as Specially Adapted Housing.
However, the entire proceeds of the sale, casualty loss
reimbursement, or other transfer of that housing shall be
applied to the acquisition of subsequent specially adapted
housing to the extent that the proceeds equal the purchase

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

HB4049 Enrolled - 544 - LRB099 03667 KTG 23678 b
A taxpayer who claims an exemption under Section 15-168 or
15-169 may not claim an exemption under this Section.
(Source: P.A. 98-1145, eff. 12-30-14.)
(35 ILCS 200/15-168)
Sec. 15-168. Homestead exemption for persons with
disabilities Disabled persons' homestead exemption.
(a) Beginning with taxable year 2007, an annual homestead
exemption is granted to persons with disabilities disabled
persons in the amount of $2,000, except as provided in
subsection (c), to be deducted from the property's value as
equalized or assessed by the Department of Revenue. The person
with a disability disabled person shall receive the homestead
exemption upon meeting the following requirements:
(1) The property must be occupied as the primary
residence by the person with a disability disabled person.
(2) The person with a disability disabled person must
be liable for paying the real estate taxes on the property.
(3) The person with a disability disabled person must
be an owner of record of the property or have a legal or
equitable interest in the property as evidenced by a
written instrument. In the case of a leasehold interest in
property, the lease must be for a single family residence.
A person who has a disability is disabled during the
taxable year is eligible to apply for this homestead exemption
during that taxable year. Application must be made during the

HB4049 Enrolled - 545 - LRB099 03667 KTG 23678 b
application period in effect for the county of residence. If a
homestead exemption has been granted under this Section and the
person awarded the exemption subsequently becomes a resident of
a facility licensed under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, or the
ID/DD Community Care Act, then the exemption shall continue (i)
so long as the residence continues to be occupied by the
qualifying person's spouse or (ii) if the residence remains
unoccupied but is still owned by the person qualified for the
homestead exemption.
(b) For the purposes of this Section, "person with a
disability disabled person" means a person unable to engage in
any substantial gainful activity by reason of a medically
determinable physical or mental impairment which can be
expected to result in death or has lasted or can be expected to
last for a continuous period of not less than 12 months.
Persons with disabilities Disabled persons filing claims under
this Act shall submit proof of disability in such form and
manner as the Department shall by rule and regulation
prescribe. Proof that a claimant is eligible to receive
disability benefits under the Federal Social Security Act shall
constitute proof of disability for purposes of this Act.
Issuance of an Illinois Person with a Disability Identification
Card stating that the claimant is under a Class 2 disability,
as defined in Section 4A of the Illinois Identification Card
Act, shall constitute proof that the person named thereon is a

HB4049 Enrolled - 546 - LRB099 03667 KTG 23678 b
person with a disability disabled person for purposes of this
Act. A person with a disability disabled person not covered
under the Federal Social Security Act and not presenting an
Illinois Person with a Disability Identification Card stating
that the claimant is under a Class 2 disability shall be
examined by a physician designated by the Department, and his
status as a person with a disability disabled person determined
using the same standards as used by the Social Security
Administration. The costs of any required examination shall be
borne by the claimant.
(c) For land improved with (i) an apartment building owned
and operated as a cooperative or (ii) a life care facility as
defined under Section 2 of the Life Care Facilities Act that is
considered to be a cooperative, the maximum reduction from the
value of the property, as equalized or assessed by the
Department, shall be multiplied by the number of apartments or
units occupied by a person with a disability disabled person.
The person with a disability disabled person shall receive the
homestead exemption upon meeting the following requirements:
(1) The property must be occupied as the primary
residence by the person with a disability disabled person.
(2) The person with a disability disabled person must
be liable by contract with the owner or owners of record
for paying the apportioned property taxes on the property
of the cooperative or life care facility. In the case of a
life care facility, the person with a disability disabled

HB4049 Enrolled - 547 - LRB099 03667 KTG 23678 b
person must be liable for paying the apportioned property
taxes under a life care contract as defined in Section 2 of
the Life Care Facilities Act.
(3) The person with a disability disabled person must
be an owner of record of a legal or equitable interest in
the cooperative apartment building. A leasehold interest
does not meet this requirement.
If a homestead exemption is granted under this subsection, the
cooperative association or management firm shall credit the
savings resulting from the exemption to the apportioned tax
liability of the qualifying person with a disability disabled
person. The chief county assessment officer may request
reasonable proof that the association or firm has properly
credited the exemption. A person who willfully refuses to
credit an exemption to the qualified person with a disability
disabled person is guilty of a Class B misdemeanor.
(d) The chief county assessment officer shall determine the
eligibility of property to receive the homestead exemption
according to guidelines established by the Department. After a
person has received an exemption under this Section, an annual
verification of eligibility for the exemption shall be mailed
to the taxpayer.
In counties with fewer than 3,000,000 inhabitants, the
chief county assessment officer shall provide to each person
granted a homestead exemption under this Section a form to
designate any other person to receive a duplicate of any notice

HB4049 Enrolled - 548 - LRB099 03667 KTG 23678 b
of delinquency in the payment of taxes assessed and levied
under this Code on the person's qualifying property. The
duplicate notice shall be in addition to the notice required to
be provided to the person receiving the exemption and shall be
given in the manner required by this Code. The person filing
the request for the duplicate notice shall pay an
administrative fee of $5 to the chief county assessment
officer. The assessment officer shall then file the executed
designation with the county collector, who shall issue the
duplicate notices as indicated by the designation. A
designation may be rescinded by the person with a disability
disabled person in the manner required by the chief county
assessment officer.
(e) A taxpayer who claims an exemption under Section 15-165
or 15-169 may not claim an exemption under this Section.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 97-1064, eff. 1-1-13; 98-104, eff. 7-22-13.)
(35 ILCS 200/15-169)
Sec. 15-169. Homestead exemption for veterans with
disabilities Disabled veterans standard homestead exemption.
(a) Beginning with taxable year 2007, an annual homestead
exemption, limited to the amounts set forth in subsection (b),
is granted for property that is used as a qualified residence
by a veteran with a disability disabled veteran.
(b) The amount of the exemption under this Section is as

HB4049 Enrolled - 549 - LRB099 03667 KTG 23678 b
follows:
(1) for veterans with a service-connected disability
of at least (i) 75% for exemptions granted in taxable years
2007 through 2009 and (ii) 70% for exemptions granted in
taxable year 2010 and each taxable year thereafter, as
certified by the United States Department of Veterans
Affairs, the annual exemption is $5,000; and
(2) for veterans with a service-connected disability
of at least 50%, but less than (i) 75% for exemptions
granted in taxable years 2007 through 2009 and (ii) 70% for
exemptions granted in taxable year 2010 and each taxable
year thereafter, as certified by the United States
Department of Veterans Affairs, the annual exemption is
$2,500.
(b-5) If a homestead exemption is granted under this
Section and the person awarded the exemption subsequently
becomes a resident of a facility licensed under the Nursing
Home Care Act or a facility operated by the United States
Department of Veterans Affairs, then the exemption shall
continue (i) so long as the residence continues to be occupied
by the qualifying person's spouse or (ii) if the residence
remains unoccupied but is still owned by the person who
qualified for the homestead exemption.
(c) The tax exemption under this Section carries over to
the benefit of the veteran's surviving spouse as long as the
spouse holds the legal or beneficial title to the homestead,

HB4049 Enrolled - 550 - LRB099 03667 KTG 23678 b
permanently resides thereon, and does not remarry. If the
surviving spouse sells the property, an exemption not to exceed
the amount granted from the most recent ad valorem tax roll may
be transferred to his or her new residence as long as it is
used as his or her primary residence and he or she does not
remarry.
(c-1) Beginning with taxable year 2015, nothing in this
Section shall require the veteran to have qualified for or
obtained the exemption before death if the veteran was killed
in the line of duty.
(d) The exemption under this Section applies for taxable
year 2007 and thereafter. A taxpayer who claims an exemption
under Section 15-165 or 15-168 may not claim an exemption under
this Section.
(e) Each taxpayer who has been granted an exemption under
this Section must reapply on an annual basis. Application must
be made during the application period in effect for the county
of his or her residence. The assessor or chief county
assessment officer may determine the eligibility of
residential property to receive the homestead exemption
provided by this Section by application, visual inspection,
questionnaire, or other reasonable methods. The determination
must be made in accordance with guidelines established by the
Department.
(f) For the purposes of this Section:
"Qualified residence" means real property, but less any

HB4049 Enrolled - 551 - LRB099 03667 KTG 23678 b
portion of that property that is used for commercial purposes,
with an equalized assessed value of less than $250,000 that is
the primary residence of a veteran with a disability disabled
veteran's primary residence. Property rented for more than 6
months is presumed to be used for commercial purposes.
"Veteran" means an Illinois resident who has served as a
member of the United States Armed Forces on active duty or
State active duty, a member of the Illinois National Guard, or
a member of the United States Reserve Forces and who has
received an honorable discharge.
(Source: P.A. 97-333, eff. 8-12-11; 98-1145, eff. 12-30-14.)
(35 ILCS 200/15-172)
Sec. 15-172. Senior Citizens Assessment Freeze Homestead
Exemption.
(a) This Section may be cited as the Senior Citizens
Assessment Freeze Homestead Exemption.
(b) As used in this Section:
"Applicant" means an individual who has filed an
application under this Section.
"Base amount" means the base year equalized assessed value
of the residence plus the first year's equalized assessed value
of any added improvements which increased the assessed value of
the residence after the base year.
"Base year" means the taxable year prior to the taxable
year for which the applicant first qualifies and applies for

HB4049 Enrolled - 552 - LRB099 03667 KTG 23678 b
the exemption provided that in the prior taxable year the
property was improved with a permanent structure that was
occupied as a residence by the applicant who was liable for
paying real property taxes on the property and who was either
(i) an owner of record of the property or had legal or
equitable interest in the property as evidenced by a written
instrument or (ii) had a legal or equitable interest as a
lessee in the parcel of property that was single family
residence. If in any subsequent taxable year for which the
applicant applies and qualifies for the exemption the equalized
assessed value of the residence is less than the equalized
assessed value in the existing base year (provided that such
equalized assessed value is not based on an assessed value that
results from a temporary irregularity in the property that
reduces the assessed value for one or more taxable years), then
that subsequent taxable year shall become the base year until a
new base year is established under the terms of this paragraph.
For taxable year 1999 only, the Chief County Assessment Officer
shall review (i) all taxable years for which the applicant
applied and qualified for the exemption and (ii) the existing
base year. The assessment officer shall select as the new base
year the year with the lowest equalized assessed value. An
equalized assessed value that is based on an assessed value
that results from a temporary irregularity in the property that
reduces the assessed value for one or more taxable years shall
not be considered the lowest equalized assessed value. The

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

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

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

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exceeding $45,000 but not exceeding $46,250, the amount of
the exemption is (i) the equalized assessed value of the
residence in the taxable year for which application is made
minus the base amount (ii) multiplied by 0.8.
(3) For an applicant who has a household income
exceeding $46,250 but not exceeding $47,500, the amount of
the exemption is (i) the equalized assessed value of the
residence in the taxable year for which application is made
minus the base amount (ii) multiplied by 0.6.
(4) For an applicant who has a household income
exceeding $47,500 but not exceeding $48,750, the amount of
the exemption is (i) the equalized assessed value of the
residence in the taxable year for which application is made
minus the base amount (ii) multiplied by 0.4.
(5) For an applicant who has a household income
exceeding $48,750 but not exceeding $50,000, the amount of
the exemption is (i) the equalized assessed value of the
residence in the taxable year for which application is made
minus the base amount (ii) multiplied by 0.2.
When the applicant is a surviving spouse of an applicant
for a prior year for the same residence for which an exemption
under this Section has been granted, the base year and base
amount for that residence are the same as for the applicant for
the prior year.
Each year at the time the assessment books are certified to
the County Clerk, the Board of Review or Board of Appeals shall

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

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

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

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Assessment Freeze Homestead Exemption and must contain a notice
that any taxpayer who receives the exemption is subject to an
audit by the Chief County Assessment Officer.
Notwithstanding any other provision to the contrary, in
counties having fewer than 3,000,000 inhabitants, if an
applicant fails to file the application required by this
Section in a timely manner and this failure to file is due to a
mental or physical condition sufficiently severe so as to
render the applicant incapable of filing the application in a
timely manner, the Chief County Assessment Officer may extend
the filing deadline for a period of 30 days after the applicant
regains the capability to file the application, but in no case
may the filing deadline be extended beyond 3 months of the
original filing deadline. In order to receive the extension
provided in this paragraph, the applicant shall provide the
Chief County Assessment Officer with a signed statement from
the applicant's physician stating the nature and extent of the
condition, that, in the physician's opinion, the condition was
so severe that it rendered the applicant incapable of filing
the application in a timely manner, and the date on which the
applicant regained the capability to file the application.
Beginning January 1, 1998, notwithstanding any other
provision to the contrary, in counties having fewer than
3,000,000 inhabitants, if an applicant fails to file the
application required by this Section in a timely manner and
this failure to file is due to a mental or physical condition

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sufficiently severe so as to render the applicant incapable of
filing the application in a timely manner, the Chief County
Assessment Officer may extend the filing deadline for a period
of 3 months. In order to receive the extension provided in this
paragraph, the applicant shall provide the Chief County
Assessment Officer with a signed statement from the applicant's
physician stating the nature and extent of the condition, and
that, in the physician's opinion, the condition was so severe
that it rendered the applicant incapable of filing the
application in a timely manner.
In counties having less than 3,000,000 inhabitants, if an
applicant was denied an exemption in taxable year 1994 and the
denial occurred due to an error on the part of an assessment
official, or his or her agent or employee, then beginning in
taxable year 1997 the applicant's base year, for purposes of
determining the amount of the exemption, shall be 1993 rather
than 1994. In addition, in taxable year 1997, the applicant's
exemption shall also include an amount equal to (i) the amount
of any exemption denied to the applicant in taxable year 1995
as a result of using 1994, rather than 1993, as the base year,
(ii) the amount of any exemption denied to the applicant in
taxable year 1996 as a result of using 1994, rather than 1993,
as the base year, and (iii) the amount of the exemption
erroneously denied for taxable year 1994.
For purposes of this Section, a person who will be 65 years
of age during the current taxable year shall be eligible to

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apply for the homestead exemption during that taxable year.
Application shall be made during the application period in
effect for the county of his or her residence.
The Chief County Assessment Officer may determine the
eligibility of a life care facility that qualifies as a
cooperative to receive the benefits provided by this Section by
use of an affidavit, application, visual inspection,
questionnaire, or other reasonable method in order to insure
that the tax savings resulting from the exemption are credited
by the management firm to the apportioned tax liability of each
qualifying resident. The Chief County Assessment Officer may
request reasonable proof that the management firm has so
credited that exemption.
Except as provided in this Section, all information
received by the chief county assessment officer or the
Department from applications filed under this Section, or from
any investigation conducted under the provisions of this
Section, shall be confidential, except for official purposes or
pursuant to official procedures for collection of any State or
local tax or enforcement of any civil or criminal penalty or
sanction imposed by this Act or by any statute or ordinance
imposing a State or local tax. Any person who divulges any such
information in any manner, except in accordance with a proper
judicial order, is guilty of a Class A misdemeanor.
Nothing contained in this Section shall prevent the
Director or chief county assessment officer from publishing or

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

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

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occupant homestead exemption under Section 15-177, there shall
be an additional exemption of $5,000 for owners with a
household income of $30,000 or less.
(c) In counties with fewer than 3,000,000 inhabitants, if,
based on the most recent assessment, the equalized assessed
value of the homestead property for the current assessment year
is greater than the equalized assessed value of the property
for 1977, the owner of the property shall automatically receive
the exemption granted under this Section in an amount equal to
the increase over the 1977 assessment up to the maximum
reduction set forth in this Section.
(d) If in any assessment year beginning with the 2000
assessment year, homestead property has a pro-rata valuation
under Section 9-180 resulting in an increase in the assessed
valuation, a reduction in equalized assessed valuation equal to
the increase in equalized assessed value of the property for
the year of the pro-rata valuation above the equalized assessed
value of the property for 1977 shall be applied to the property
on a proportionate basis for the period the property qualified
as homestead property during the assessment year. The maximum
proportionate homestead exemption shall not exceed the maximum
homestead exemption allowed in the county under this Section
divided by 365 and multiplied by the number of days the
property qualified as homestead property.
(e) The chief county assessment officer may, when
considering whether to grant a leasehold exemption under this

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

HB4049 Enrolled - 567 - LRB099 03667 KTG 23678 b
the above mentioned real estate taxes with the monthly
rent payments as set forth above (or increased or
decreased as set forth herein).".
In addition, if there is a change in lessee, or if the
lessee vacates the property, then the chief county assessment
officer may require the owner of the property to notify the
chief county assessment officer of that change.
This subsection (e) does not apply to leasehold interests
in property owned by a municipality.
(f) "Homestead property" under this Section includes
residential property that is occupied by its owner or owners as
his or their principal dwelling place, or that is a leasehold
interest on which a single family residence is situated, which
is occupied as a residence by a person who has an ownership
interest therein, legal or equitable or as a lessee, and on
which the person is liable for the payment of property taxes.
For land improved with an apartment building owned and operated
as a cooperative or a building which is a life care facility as
defined in Section 15-170 and considered to be a cooperative
under Section 15-170, the maximum reduction from the equalized
assessed value shall be limited to the increase in the value
above the equalized assessed value of the property for 1977, up
to the maximum reduction set forth above, multiplied by the
number of apartments or units occupied by a person or persons
who is liable, by contract with the owner or owners of record,
for paying property taxes on the property and is an owner of

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

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

HB4049 Enrolled - 570 - LRB099 03667 KTG 23678 b
(Source: P.A. 97-689, eff. 6-14-12; 97-1125, eff. 8-28-12;
98-7, eff. 4-23-13; 98-463, eff. 8-16-13.)
(35 ILCS 200/18-185)
Sec. 18-185. Short title; definitions. This Division 5 may
be cited as the Property Tax Extension Limitation Law. As used
in this Division 5:
"Consumer Price Index" means the Consumer Price Index for
All Urban Consumers for all items published by the United
States Department of Labor.
"Extension limitation" means (a) the lesser of 5% or the
percentage increase in the Consumer Price Index during the
12-month calendar year preceding the levy year or (b) the rate
of increase approved by voters under Section 18-205.
"Affected county" means a county of 3,000,000 or more
inhabitants or a county contiguous to a county of 3,000,000 or
more inhabitants.
"Taxing district" has the same meaning provided in Section
1-150, except as otherwise provided in this Section. For the
1991 through 1994 levy years only, "taxing district" includes
only each non-home rule taxing district having the majority of
its 1990 equalized assessed value within any county or counties
contiguous to a county with 3,000,000 or more inhabitants.
Beginning with the 1995 levy year, "taxing district" includes
only each non-home rule taxing district subject to this Law
before the 1995 levy year and each non-home rule taxing

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

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

HB4049 Enrolled - 573 - LRB099 03667 KTG 23678 b
school district to the county clerk; (l) made to fund expenses
of providing joint recreational programs for persons with
disabilities the handicapped under Section 5-8 of the Park
District Code or Section 11-95-14 of the Illinois Municipal
Code; (m) made for temporary relocation loan repayment purposes
pursuant to Sections 2-3.77 and 17-2.2d of the School Code; (n)
made for payment of principal and interest on any bonds issued
under the authority of Section 17-2.2d of the School Code; (o)
made for contributions to a firefighter's pension fund created
under Article 4 of the Illinois Pension Code, to the extent of
the amount certified under item (5) of Section 4-134 of the
Illinois Pension Code; and (p) made for road purposes in the
first year after a township assumes the rights, powers, duties,
assets, property, liabilities, obligations, and
responsibilities of a road district abolished under the
provisions of Section 6-133 of the Illinois Highway Code.
"Aggregate extension" for the taxing districts to which
this Law did not apply before the 1995 levy year (except taxing
districts subject to this Law in accordance with Section
18-213) means the annual corporate extension for the taxing
district and those special purpose extensions that are made
annually for the taxing district, excluding special purpose
extensions: (a) made for the taxing district to pay interest or
principal on general obligation bonds that were approved by
referendum; (b) made for any taxing district to pay interest or
principal on general obligation bonds issued before March 1,

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

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

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

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

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

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

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

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

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

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

HB4049 Enrolled - 584 - LRB099 03667 KTG 23678 b
a scheduled increase in the level of assessment as applied to
the first year final board of review market value, and (iv) any
increase in assessed value due to oil or gas production from an
oil or gas well required to be permitted under the Hydraulic
Fracturing Regulatory Act that was not produced in or accounted
for during the previous levy year. In addition, the county
clerk in a county containing a population of 3,000,000 or more
shall include in the 1997 recovered tax increment value for any
school district, any recovered tax increment value that was
applicable to the 1995 tax year calculations.
"Qualified airport authority" means an airport authority
organized under the Airport Authorities Act and located in a
county bordering on the State of Wisconsin and having a
population in excess of 200,000 and not greater than 500,000.
"Recovered tax increment value" means, except as otherwise
provided in this paragraph, the amount of the current year's
equalized assessed value, in the first year after a
municipality terminates the designation of an area as a
redevelopment project area previously established under the
Tax Increment Allocation Development Act in the Illinois
Municipal Code, previously established under the Industrial
Jobs Recovery Law in the Illinois Municipal Code, previously
established under the Economic Development Project Area Tax
Increment Act of 1995, or previously established under the
Economic Development Area Tax Increment Allocation Act, of each
taxable lot, block, tract, or parcel of real property in the

HB4049 Enrolled - 585 - LRB099 03667 KTG 23678 b
redevelopment project area over and above the initial equalized
assessed value of each property in the redevelopment project
area. For the taxes which are extended for the 1997 levy year,
the recovered tax increment value for a non-home rule taxing
district that first became subject to this Law for the 1995
levy year because a majority of its 1994 equalized assessed
value was in an affected county or counties shall be increased
if a municipality terminated the designation of an area in 1993
as a redevelopment project area previously established under
the Tax Increment Allocation Development Act in the Illinois
Municipal Code, previously established under the Industrial
Jobs Recovery Law in the Illinois Municipal Code, or previously
established under the Economic Development Area Tax Increment
Allocation Act, by an amount equal to the 1994 equalized
assessed value of each taxable lot, block, tract, or parcel of
real property in the redevelopment project area over and above
the initial equalized assessed value of each property in the
redevelopment project area. In the first year after a
municipality removes a taxable lot, block, tract, or parcel of
real property from a redevelopment project area established
under the Tax Increment Allocation Development Act in the
Illinois Municipal Code, the Industrial Jobs Recovery Law in
the Illinois Municipal Code, or the Economic Development Area
Tax Increment Allocation Act, "recovered tax increment value"
means the amount of the current year's equalized assessed value
of each taxable lot, block, tract, or parcel of real property

HB4049 Enrolled - 586 - LRB099 03667 KTG 23678 b
removed from the redevelopment project area over and above the
initial equalized assessed value of that real property before
removal from the redevelopment project area.
Except as otherwise provided in this Section, "limiting
rate" means a fraction the numerator of which is the last
preceding aggregate extension base times an amount equal to one
plus the extension limitation defined in this Section and the
denominator of which is the current year's equalized assessed
value of all real property in the territory under the
jurisdiction of the taxing district during the prior levy year.
For those taxing districts that reduced their aggregate
extension for the last preceding levy year, the highest
aggregate extension in any of the last 3 preceding levy years
shall be used for the purpose of computing the limiting rate.
The denominator shall not include new property or the recovered
tax increment value. If a new rate, a rate decrease, or a
limiting rate increase has been approved at an election held
after March 21, 2006, then (i) the otherwise applicable
limiting rate shall be increased by the amount of the new rate
or shall be reduced by the amount of the rate decrease, as the
case may be, or (ii) in the case of a limiting rate increase,
the limiting rate shall be equal to the rate set forth in the
proposition approved by the voters for each of the years
specified in the proposition, after which the limiting rate of
the taxing district shall be calculated as otherwise provided.
In the case of a taxing district that obtained referendum

HB4049 Enrolled - 587 - LRB099 03667 KTG 23678 b
approval for an increased limiting rate on March 20, 2012, the
limiting rate for tax year 2012 shall be the rate that
generates the approximate total amount of taxes extendable for
that tax year, as set forth in the proposition approved by the
voters; this rate shall be the final rate applied by the county
clerk for the aggregate of all capped funds of the district for
tax year 2012.
(Source: P.A. 97-611, eff. 1-1-12; 97-1154, eff. 1-25-13; 98-6,
eff. 3-29-13; 98-23, eff. 6-17-13.)
(35 ILCS 200/20-15)
Sec. 20-15. Information on bill or separate statement.
There shall be printed on each bill, or on a separate slip
which shall be mailed with the bill:
(a) a statement itemizing the rate at which taxes have
been extended for each of the taxing districts in the
county in whose district the property is located, and in
those counties utilizing electronic data processing
equipment the dollar amount of tax due from the person
assessed allocable to each of those taxing districts,
including a separate statement of the dollar amount of tax
due which is allocable to a tax levied under the Illinois
Local Library Act or to any other tax levied by a
municipality or township for public library purposes,
(b) a separate statement for each of the taxing
districts of the dollar amount of tax due which is

HB4049 Enrolled - 588 - LRB099 03667 KTG 23678 b
allocable to a tax levied under the Illinois Pension Code
or to any other tax levied by a municipality or township
for public pension or retirement purposes,
(c) the total tax rate,
(d) the total amount of tax due, and
(e) the amount by which the total tax and the tax
allocable to each taxing district differs from the
taxpayer's last prior tax bill.
The county treasurer shall ensure that only those taxing
districts in which a parcel of property is located shall be
listed on the bill for that property.
In all counties the statement shall also provide:
(1) the property index number or other suitable
description,
(2) the assessment of the property,
(3) the statutory amount of each homestead exemption
applied to the property,
(4) the assessed value of the property after
application of all homestead exemptions,
(5) the equalization factors imposed by the county and
by the Department, and
(6) the equalized assessment resulting from the
application of the equalization factors to the basic
assessment.
In all counties which do not classify property for purposes
of taxation, for property on which a single family residence is

HB4049 Enrolled - 589 - LRB099 03667 KTG 23678 b
situated the statement shall also include a statement to
reflect the fair cash value determined for the property. In all
counties which classify property for purposes of taxation in
accordance with Section 4 of Article IX of the Illinois
Constitution, for parcels of residential property in the lowest
assessment classification the statement shall also include a
statement to reflect the fair cash value determined for the
property.
In all counties, the statement must include information
that certain taxpayers may be eligible for tax exemptions,
abatements, and other assistance programs and that, for more
information, taxpayers should consult with the office of their
township or county assessor and with the Illinois Department of
Revenue.
In all counties, the statement shall include information
that certain taxpayers may be eligible for the Senior Citizens
and Persons with Disabilities Disabled Persons Property Tax
Relief Act and that applications are available from the
Illinois Department on Aging.
In counties which use the estimated or accelerated billing
methods, these statements shall only be provided with the final
installment of taxes due. The provisions of this Section create
a mandatory statutory duty. They are not merely directory or
discretionary. The failure or neglect of the collector to mail
the bill, or the failure of the taxpayer to receive the bill,
shall not affect the validity of any tax, or the liability for

HB4049 Enrolled - 590 - LRB099 03667 KTG 23678 b
the payment of any tax.
(Source: P.A. 97-689, eff. 6-14-12; 98-93, eff. 7-16-13.)
(35 ILCS 200/21-27)
Sec. 21-27. Waiver of interest penalty.
(a) On the recommendation of the county treasurer, the
county board may adopt a resolution under which an interest
penalty for the delinquent payment of taxes for any year that
otherwise would be imposed under Section 21-15, 21-20, or 21-25
shall be waived in the case of any person who meets all of the
following criteria:
(1) The person is determined eligible for a grant under
the Senior Citizens and Persons with Disabilities Disabled
Persons Property Tax Relief Act with respect to the taxes
for that year.
(2) The person requests, in writing, on a form approved
by the county treasurer, a waiver of the interest penalty,
and the request is filed with the county treasurer on or
before the first day of the month that an installment of
taxes is due.
(3) The person pays the installment of taxes due, in
full, on or before the third day of the month that the
installment is due.
(4) The county treasurer approves the request for a
waiver.
(b) With respect to property that qualifies as a brownfield

HB4049 Enrolled - 591 - LRB099 03667 KTG 23678 b
site under Section 58.2 of the Environmental Protection Act,
the county board, upon the recommendation of the county
treasurer, may adopt a resolution to waive an interest penalty
for the delinquent payment of taxes for any year that otherwise
would be imposed under Section 21-15, 21-20, or 21-25 if all of
the following criteria are met:
(1) the property has delinquent taxes and an
outstanding interest penalty and the amount of that
interest penalty is so large as to, possibly, result in all
of the taxes becoming uncollectible;
(2) the property is part of a redevelopment plan of a
unit of local government and that unit of local government
does not oppose the waiver of the interest penalty;
(3) the redevelopment of the property will benefit the
public interest by remediating the brownfield
contamination;
(4) the taxpayer delivers to the county treasurer (i) a
written request for a waiver of the interest penalty, on a
form approved by the county treasurer, and (ii) a copy of
the redevelopment plan for the property;
(5) the taxpayer pays, in full, the amount of up to the
amount of the first 2 installments of taxes due, to be held
in escrow pending the approval of the waiver, and enters
into an agreement with the county treasurer setting forth a
schedule for the payment of any remaining taxes due; and
(6) the county treasurer approves the request for a

HB4049 Enrolled - 592 - LRB099 03667 KTG 23678 b
waiver.
(Source: P.A. 97-655, eff. 1-13-12; 97-689, eff. 6-14-12.)
Section 330. The Illinois Estate and Generation-Skipping
Transfer Tax Act is amended by changing Section 12 as follows:
(35 ILCS 405/12) (from Ch. 120, par. 405A-12)
Sec. 12. Parent as natural guardian for purposes of
Sections 2032A and 2057 of the Internal Revenue Code. A parent,
without being appointed guardian of the person or guardian of
the estate, or a guardian of the estate, or, if no guardian of
the estate has been appointed, a guardian of the person, of any
minor or person with a disability disabled person whose
interest is not adverse to the minor or person with a
disability disabled person, may make any election and sign,
without court approval, any agreement on behalf of the minor or
person with a disability disabled person under (i) Section
2032A of the Internal Revenue Code for the valuation of
property under that Section or (ii) Section 2057 of the
Internal Revenue Code relating to deduction of the value of
certain property under that Section. Any election so made, and
any agreement so signed, shall have the same legal force and
effect as if the election had been made and the agreement had
been signed by the minor or person with a disability disabled
person and the minor or person with a disability disabled
person had been legally competent.

HB4049 Enrolled - 593 - LRB099 03667 KTG 23678 b
This amendatory Act of the 91st General Assembly applies to
elections and agreements made on or after January 1, 1998 in
reliance on or pursuant to Section 2057 of the Internal Revenue
Code, and those elections and agreements made before the
effective date of this amendatory Act are hereby validated.
(Source: P.A. 91-349, eff. 7-29-99.)
Section 335. The Mobile Home Local Services Tax Act is
amended by changing Sections 7 and 7.5 as follows:
(35 ILCS 515/7) (from Ch. 120, par. 1207)
Sec. 7. The local services tax for owners of mobile homes
who (a) are actually residing in such mobile homes, (b) hold
title to such mobile home as provided in the Illinois Vehicle
Code, and (c) are 65 years of age or older or are persons with
disabilities disabled persons within the meaning of Section
3.14 of the Senior Citizens and Persons with Disabilities
Disabled Persons Property Tax Relief Act on the annual billing
date shall be reduced to 80 percent of the tax provided for in
Section 3 of this Act. Proof that a claimant has been issued an
Illinois Person with a Disability Identification Card stating
that the claimant is under a Class 2 disability, as provided in
Section 4A of the Illinois Identification Card Act, shall
constitute proof that the person thereon named is a person with
a disability disabled person within the meaning of this Act. An
application for reduction of the tax shall be filed with the

HB4049 Enrolled - 594 - LRB099 03667 KTG 23678 b
county clerk by the individuals who are entitled to the
reduction. If the application is filed after May 1, the
reduction in tax shall begin with the next annual bill.
Application for the reduction in tax shall be done by
submitting proof that the applicant has been issued an Illinois
Person with a Disability Identification Card designating the
applicant's disability as a Class 2 disability, or by affidavit
in substantially the following form:
APPLICATION FOR REDUCTION OF MOBILE HOME LOCAL SERVICES TAX
I hereby make application for a reduction to 80% of the
total tax imposed under "An Act to provide for a local services
tax on mobile homes".
(1) Senior Citizens
(a) I actually reside in the mobile home ....
(b) I hold title to the mobile home as provided in the
Illinois Vehicle Code ....
(c) I reached the age of 65 on or before either January 1
(or July 1) of the year in which this statement is filed. My
date of birth is: ...
(2) Persons with Disabilities Disabled Persons
(a) I actually reside in the mobile home...
(b) I hold title to the mobile home as provided in the
Illinois Vehicle Code ....
(c) I became a person with a total disability was totally
disabled on ... and have remained a person with a disability
disabled until the date of this application. My Social

HB4049 Enrolled - 595 - LRB099 03667 KTG 23678 b
Security, Veterans, Railroad or Civil Service Total Disability
Claim Number is ... The undersigned declares under the penalty
of perjury that the above statements are true and correct.
Dated (insert date).
...........................
Signature of owner
...........................
(Address)
...........................
(City) (State) (Zip)
Approved by:
.............................
(Assessor)
This application shall be accompanied by a copy of the
applicant's most recent application filed with the Illinois
Department on Aging under the Senior Citizens and Persons with
Disabilities Disabled Persons Property Tax Relief Act.
(Source: P.A. 97-689, eff. 6-14-12; 97-1064, eff. 1-1-13;
98-463, eff. 8-16-13.)
(35 ILCS 515/7.5)
Sec. 7.5. Exemption for veterans with disabilities
disabled veterans.
(a) Beginning on January 1, 2004, a mobile home owned and
used exclusively by a veteran with a disability disabled

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

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

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

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

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

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

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

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

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

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

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

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

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subdivisions provided for in this Section to be given to the
Comptroller by the Department, the Comptroller shall cause the
orders to be drawn for the respective amounts in accordance
with the directions contained in the certification. The
proceeds of the tax paid to political subdivisions under this
Section shall be deposited into either (i) the STAR Bonds Tax
Allocation Fund by the political subdivision if the political
subdivision has designated them as pledged STAR revenues by
resolution or ordinance or (ii) the political subdivision's
general corporate fund if the political subdivision has not
designated them as pledged STAR revenues.
An ordinance or resolution imposing or discontinuing the
tax under this Section or effecting a change in the rate
thereof shall either (i) be adopted and a certified copy
thereof filed with the Department on or before the first day of
April, whereupon the Department, if all other requirements of
this Section are met, shall proceed to administer and enforce
this Section as of the first day of July next following the
adoption and filing; or (ii) be adopted and a certified copy
thereof filed with the Department on or before the first day of
October, whereupon, if all other requirements of this Section
are met, the Department shall proceed to administer and enforce
this Section as of the first day of January next following the
adoption and filing.
The Department of Revenue shall not administer or enforce
an ordinance imposing, discontinuing, or changing the rate of

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the tax under this Section until the political subdivision also
provides, in the manner prescribed by the Department, the
boundaries of the STAR bond district and each address in the
STAR bond district in such a way that the Department can
determine by its address whether a business is located in the
STAR bond district. The political subdivision must provide this
boundary and address information to the Department on or before
April 1 for administration and enforcement of the tax under
this Section by the Department beginning on the following July
1 and on or before October 1 for administration and enforcement
of the tax under this Section by the Department beginning on
the following January 1. The Department of Revenue shall not
administer or enforce any change made to the boundaries of a
STAR bond district or any address change, addition, or deletion
until the political subdivision reports the boundary change or
address change, addition, or deletion to the Department in the
manner prescribed by the Department. The political subdivision
must provide this boundary change or address change, addition,
or deletion information to the Department on or before April 1
for administration and enforcement by the Department of the
change, addition, or deletion beginning on the following July 1
and on or before October 1 for administration and enforcement
by the Department of the change, addition, or deletion
beginning on the following January 1. The retailers in the STAR
bond district shall be responsible for charging the tax imposed
under this Section. If a retailer is incorrectly included or

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excluded from the list of those required to collect the tax
under this Section, both the Department of Revenue and the
retailer shall be held harmless if they reasonably relied on
information provided by the political subdivision.
A political subdivision that imposes the tax under this
Section must submit to the Department of Revenue any other
information as the Department may require that is necessary for
the administration and enforcement of the tax.
When certifying the amount of a monthly disbursement to a
political subdivision under this Section, the Department shall
increase or decrease the amount by an amount necessary to
offset any misallocation of previous disbursements. The offset
amount shall be the amount erroneously disbursed within the
previous 6 months from the time a misallocation is discovered.
Nothing in this Section shall be construed to authorize the
political subdivision to impose a tax upon the privilege of
engaging in any business which under the Constitution of the
United States may not be made the subject of taxation by this
State.
(e) When STAR bond project costs, including, without
limitation, all political subdivision obligations financing
STAR bond project costs, have been paid, any surplus funds then
remaining in the STAR Bonds Tax Allocation Fund shall be
distributed to the treasurer of the political subdivision for
deposit into the political subdivision's general corporate
fund. Upon payment of all STAR bond project costs and

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

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

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

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

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

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

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county, the county board must certify the question to the
proper election authority in accordance with the Election Code.
For all regular elections held prior to the effective date
of this amendatory Act of the 97th General Assembly, the
election authority must submit the question in substantially
the following form:
Shall (name of county) be authorized to impose a
retailers' occupation tax and a service occupation tax
(commonly referred to as a "sales tax") at a rate of
(insert rate) to be used exclusively for school facility
purposes?
The election authority must record the votes as "Yes" or "No".
If a majority of the electors voting on the question vote
in the affirmative, then the county may, thereafter, impose the
tax.
For all regular elections held on or after the effective
date of this amendatory Act of the 97th General Assembly, the
regional superintendent of schools for the county must, upon
receipt of a resolution or resolutions of school district
boards that represent more than 50% of the student enrollment
within the county, certify the question to the proper election
authority for submission to the electors of the county at the
next regular election at which the question lawfully may be
submitted to the electors, all in accordance with the Election
Code.
For all regular elections held on or after the effective

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

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during the second preceding calendar month. The amount to be
paid to each regional superintendent of schools and disbursed
to him or her in accordance with Section 3-14.31 of the School
Code, is equal to the amount (not including credit memoranda)
collected from the county under this Section during the second
preceding calendar month by the Department, (i) less 2% of that
amount, which shall be deposited into the Tax Compliance and
Administration Fund and shall be used by the Department,
subject to appropriation, to cover the costs of the Department
in administering and enforcing the provisions of this Section,
on behalf of the county, (ii) plus an amount that the
Department determines is necessary to offset any amounts that
were erroneously paid to a different taxing body; (iii) less an
amount equal to the amount of refunds made during the second
preceding calendar month by the Department on behalf of the
county; and (iv) less any amount that the Department determines
is necessary to offset any amounts that were payable to a
different taxing body but were erroneously paid to the county.
When certifying the amount of a monthly disbursement to a
regional superintendent of schools under this Section, the
Department shall increase or decrease the amounts by an amount
necessary to offset any miscalculation of previous
disbursements within the previous 6 months from the time a
miscalculation is discovered.
Within 10 days after receipt by the Comptroller from the
Department of the disbursement certification to the regional

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superintendents of the schools provided for in this Section,
the Comptroller shall cause the orders to be drawn for the
respective amounts in accordance with directions contained in
the certification.
If the Department determines that a refund should be made
under this Section to a claimant instead of issuing a credit
memorandum, then the Department shall notify the Comptroller,
who shall cause the order to be drawn for the amount specified
and to the person named in the notification from the
Department. The refund shall be paid by the Treasurer out of
the School Facility Occupation Tax Fund.
(e) For the purposes of determining the local governmental
unit whose tax is applicable, a retail sale by a producer of
coal or another mineral mined in Illinois is a sale at retail
at the place where the coal or other mineral mined in Illinois
is extracted from the earth. This subsection does not apply to
coal or another mineral when it is delivered or shipped by the
seller to the purchaser at a point outside Illinois so that the
sale is exempt under the United States Constitution as a sale
in interstate or foreign commerce.
(f) Nothing in this Section may be construed to authorize a
tax to be imposed upon the privilege of engaging in any
business that under the Constitution of the United States may
not be made the subject of taxation by this State.
(g) If a county board imposes a tax under this Section
pursuant to a referendum held before the effective date of this

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amendatory Act of the 97th General Assembly at a rate below the
rate set forth in the question approved by a majority of
electors of that county voting on the question as provided in
subsection (c), then the county board may, by ordinance,
increase the rate of the tax up to the rate set forth in the
question approved by a majority of electors of that county
voting on the question as provided in subsection (c). If a
county board imposes a tax under this Section pursuant to a
referendum held before the effective date of this amendatory
Act of the 97th General Assembly, then the board may, by
ordinance, discontinue or reduce the rate of the tax. If a tax
is imposed under this Section pursuant to a referendum held on
or after the effective date of this amendatory Act of the 97th
General Assembly, then the county board may reduce or
discontinue the tax, but only in accordance with subsection
(h-5) of this Section. If, however, a school board issues bonds
that are secured by the proceeds of the tax under this Section,
then the county board may not reduce the tax rate or
discontinue the tax if that rate reduction or discontinuance
would adversely affect the school board's ability to pay the
principal and interest on those bonds as they become due or
necessitate the extension of additional property taxes to pay
the principal and interest on those bonds. If the county board
reduces the tax rate or discontinues the tax, then a referendum
must be held in accordance with subsection (c) of this Section
in order to increase the rate of the tax or to reimpose the

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discontinued tax.
Until January 1, 2014, the results of any election that
imposes, reduces, or discontinues a tax under this Section must
be certified by the election authority, and any ordinance that
increases or lowers the rate or discontinues the tax must be
certified by the county clerk and, in each case, filed with the
Illinois Department of Revenue either (i) on or before the
first day of April, whereupon the Department shall proceed to
administer and enforce the tax or change in the rate as of the
first day of July next following the filing; or (ii) on or
before the first day of October, whereupon the Department shall
proceed to administer and enforce the tax or change in the rate
as of the first day of January next following the filing.
Beginning January 1, 2014, the results of any election that
imposes, reduces, or discontinues a tax under this Section must
be certified by the election authority, and any ordinance that
increases or lowers the rate or discontinues the tax must be
certified by the county clerk and, in each case, filed with the
Illinois Department of Revenue either (i) on or before the
first day of May, whereupon the Department shall proceed to
administer and enforce the tax or change in the rate as of the
first day of July next following the filing; or (ii) on or
before the first day of October, whereupon the Department shall
proceed to administer and enforce the tax or change in the rate
as of the first day of January next following the filing.
(h) For purposes of this Section, "school facility

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

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

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

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

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

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

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

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

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

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

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

HB4049 Enrolled - 634 - LRB099 03667 KTG 23678 b
regions outside the corporate boundaries of such municipality
in addition thereto. The petition shall be in substantially the
following form:
We, the undersigned registered voters residing in .....
(specify the municipality), in the County of ..... and State of
Illinois, do hereby petition that the corporate authorities of
....... (specify the municipality) be required to place on the
ballot the proposition requiring the municipality to levy an
annual tax at the rate of ...... (specify a rate not exceeding
.075%) on all taxable property in ....... (specify the
municipality) for the purpose of financing a public
transportation system for elderly persons and persons with
disabilities and handicapped persons within ...... (specify
the municipality and any regions outside the corporate
boundaries to be served by the transportation system).
Name......... Address...........
State of Illinois)
)ss
County of... )
I ........, do hereby certify that I am a registered voter,
that I reside at No....... street, in the ...... of .........
County of ......... and State of Illinois, and that signatures
in this sheet were signed in my presence, and are genuine, and
that to the best of my knowledge and belief the persons so
signing were at the time of signing the petitions registered
voters, and that their respective residences are correctly

HB4049 Enrolled - 635 - LRB099 03667 KTG 23678 b
stated, as above set forth.
...................
Subscribed and sworn to me this ........... day of
.......... A.D....
The proposition shall be in substantially the following
form:
-------------------------------------------------------------
Shall a tax of ...... % (specify
a rate not exceeding .075%) be levied
annually on all taxable property in
......(specify the municipality) to pay YES
the cost of operating and maintaining
a public transportation system for -------------------
elderly persons and persons with disabilities and handicapped
persons
within........(specify the municipality NO
and any regions outside the corporate
boundaries to be served by the
transportation system)?
-------------------------------------------------------------
If the majority of the voters of the municipality voting
therein vote in favor of the proposition, the corporate
authorities of the municipality shall levy such annual tax at
the rate specified in the proposition. If the majority of the
vote is against such proposition, such tax may not be levied.
(b) Municipalities under this Section may contract with any

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

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

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

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

HB4049 Enrolled - 640 - LRB099 03667 KTG 23678 b
Notwithstanding any other prohibition to the contrary, a
municipality with a population of 1,000,000 or more may, by
ordinance, authorize the presence of companion dogs in outdoor
areas of restaurants where food is served, if the ordinance
provides for adequate controls to ensure compliance with the
Illinois Food, Drug, and Cosmetic Act, the Food Handling
Regulation Enforcement Act, the Sanitary Food Preparation Act,
and any other applicable statutes and ordinances. An ordinance
enacted under this Section shall provide that: (i) no companion
dog shall be present in the interior of any restaurant or in
any area where food is prepared; and (ii) the restaurant shall
have the right to refuse to serve the owner of a companion dog
if the owner fails to exercise reasonable control over the
companion dog or the companion dog is otherwise behaving in a
manner that compromises or threatens to compromise the health
or safety of any person present in the restaurant, including,
but not limited to, violations and potential violations of any
applicable health code or other statute or ordinance. An
ordinance enacted under this Section may also provide for a
permitting process to authorize individual restaurants to
permit dogs as provided in this Section and to charge
applicants and authorized restaurants a reasonable permit fee
as the ordinance may establish.
For the purposes of this Section, "companion dog" means a
dog other than a service dog assisting a person with a
disability handicapped person.

HB4049 Enrolled - 641 - LRB099 03667 KTG 23678 b
(Source: P.A. 95-276, eff. 1-1-08.)
(65 ILCS 5/11-74.3-6)
Sec. 11-74.3-6. Business district revenue and obligations;
business district tax allocation fund.
(a) If the corporate authorities of a municipality have
approved a business district plan, have designated a business
district, and have elected to impose a tax by ordinance
pursuant to subsection (10) or (11) of Section 11-74.3-3, then
each year after the date of the approval of the ordinance but
terminating upon the date all business district project costs
and all obligations paying or reimbursing business district
project costs, if any, have been paid, but in no event later
than the dissolution date, all amounts generated by the
retailers' occupation tax and service occupation tax shall be
collected and the tax shall be enforced by the Department of
Revenue in the same manner as all retailers' occupation taxes
and service occupation taxes imposed in the municipality
imposing the tax and all amounts generated by the hotel
operators' occupation tax shall be collected and the tax shall
be enforced by the municipality in the same manner as all hotel
operators' occupation taxes imposed in the municipality
imposing the tax. The corporate authorities of the municipality
shall deposit the proceeds of the taxes imposed under
subsections (10) and (11) of Section 11-74.3-3 into a special
fund of the municipality called the "[Name of] Business

HB4049 Enrolled - 642 - LRB099 03667 KTG 23678 b
District Tax Allocation Fund" for the purpose of paying or
reimbursing business district project costs and obligations
incurred in the payment of those costs.
(b) The corporate authorities of a municipality that has
designated a business district under this Law may, by
ordinance, impose a Business District Retailers' Occupation
Tax upon all persons engaged in the business of selling
tangible personal property, other than an item of tangible
personal property titled or registered with an agency of this
State's government, at retail in the business district at a
rate not to exceed 1% of the gross receipts from the sales made
in the course of such business, to be imposed only in 0.25%
increments. The tax may not be imposed on food for human
consumption that is to be consumed off the premises where it is
sold (other than alcoholic beverages, soft drinks, and food
that has been prepared for immediate consumption),
prescription and nonprescription medicines, drugs, medical
appliances, modifications to a motor vehicle for the purpose of
rendering it usable by a person with a disability disabled
person, and insulin, urine testing materials, syringes, and
needles used by diabetics, for human use.
The tax imposed under this subsection and all civil
penalties that may be assessed as an incident thereof shall be
collected and enforced by the Department of Revenue. The
certificate of registration that is issued by the Department to
a retailer under the Retailers' Occupation Tax Act shall permit

HB4049 Enrolled - 643 - LRB099 03667 KTG 23678 b
the retailer to engage in a business that is taxable under any
ordinance or resolution enacted pursuant to this subsection
without registering separately with the Department under such
ordinance or resolution or under this subsection. The
Department of Revenue shall have full power to administer and
enforce this subsection; to collect all taxes and penalties due
under this subsection in the manner hereinafter provided; and
to determine all rights to credit memoranda arising on account
of the erroneous payment of tax or penalty under this
subsection. In the administration of, and compliance with, this
subsection, the Department and persons who are subject to this
subsection shall have the same rights, remedies, privileges,
immunities, powers and duties, and be subject to the same
conditions, restrictions, limitations, penalties, exclusions,
exemptions, and definitions of terms and employ the same modes
of procedure, as are prescribed in Sections 1, 1a through 1o, 2
through 2-65 (in respect to all provisions therein other than
the State rate of tax), 2c through 2h, 3 (except as to the
disposition of taxes and penalties collected), 4, 5, 5a, 5c,
5d, 5e, 5f, 5g, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11,
12, 13, and 14 of the Retailers' Occupation Tax Act and all
provisions of the Uniform Penalty and Interest Act, as fully as
if those provisions were set forth herein.
Persons subject to any tax imposed under this subsection
may reimburse themselves for their seller's tax liability under
this subsection by separately stating the tax as an additional

HB4049 Enrolled - 644 - LRB099 03667 KTG 23678 b
charge, which charge may be stated in combination, in a single
amount, with State taxes that sellers are required to collect
under the Use Tax Act, in accordance with such bracket
schedules as the Department may prescribe.
Whenever the Department determines that a refund should be
made under this subsection to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the order to be drawn for the
amount specified and to the person named in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the business district retailers' occupation
tax fund.
The Department shall immediately pay over to the State
Treasurer, ex officio, as trustee, all taxes, penalties, and
interest collected under this subsection for deposit into the
business district retailers' occupation tax fund.
As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this subsection
during the second preceding calendar month for sales within a
STAR bond district.
After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the

HB4049 Enrolled - 645 - LRB099 03667 KTG 23678 b
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to named municipalities
from the business district retailers' occupation tax fund, the
municipalities to be those from which retailers have paid taxes
or penalties under this subsection to the Department during the
second preceding calendar month. The amount to be paid to each
municipality shall be the amount (not including credit
memoranda) collected under this subsection during the second
preceding calendar month by the Department plus an amount the
Department determines is necessary to offset any amounts that
were erroneously paid to a different taxing body, and not
including an amount equal to the amount of refunds made during
the second preceding calendar month by the Department, less 2%
of that amount, which shall be deposited into the Tax
Compliance and Administration Fund and shall be used by the
Department, subject to appropriation, to cover the costs of the
Department in administering and enforcing the provisions of
this subsection, on behalf of such municipality, and not
including any amount that the Department determines is
necessary to offset any amounts that were payable to a
different taxing body but were erroneously paid to the
municipality, and not including any amounts that are
transferred to the STAR Bonds Revenue Fund. Within 10 days
after receipt by the Comptroller of the disbursement
certification to the municipalities provided for in this
subsection to be given to the Comptroller by the Department,

HB4049 Enrolled - 646 - LRB099 03667 KTG 23678 b
the Comptroller shall cause the orders to be drawn for the
respective amounts in accordance with the directions contained
in the certification. The proceeds of the tax paid to
municipalities under this subsection shall be deposited into
the Business District Tax Allocation Fund by the municipality.
An ordinance imposing or discontinuing the tax under this
subsection or effecting a change in the rate thereof shall
either (i) be adopted and a certified copy thereof filed with
the Department on or before the first day of April, whereupon
the Department, if all other requirements of this subsection
are met, shall proceed to administer and enforce this
subsection as of the first day of July next following the
adoption and filing; or (ii) be adopted and a certified copy
thereof filed with the Department on or before the first day of
October, whereupon, if all other requirements of this
subsection are met, the Department shall proceed to administer
and enforce this subsection as of the first day of January next
following the adoption and filing.
The Department of Revenue shall not administer or enforce
an ordinance imposing, discontinuing, or changing the rate of
the tax under this subsection, until the municipality also
provides, in the manner prescribed by the Department, the
boundaries of the business district and each address in the
business district in such a way that the Department can
determine by its address whether a business is located in the
business district. The municipality must provide this boundary

HB4049 Enrolled - 647 - LRB099 03667 KTG 23678 b
and address information to the Department on or before April 1
for administration and enforcement of the tax under this
subsection by the Department beginning on the following July 1
and on or before October 1 for administration and enforcement
of the tax under this subsection by the Department beginning on
the following January 1. The Department of Revenue shall not
administer or enforce any change made to the boundaries of a
business district or address change, addition, or deletion
until the municipality reports the boundary change or address
change, addition, or deletion to the Department in the manner
prescribed by the Department. The municipality must provide
this boundary change information or address change, addition,
or deletion to the Department on or before April 1 for
administration and enforcement by the Department of the change
beginning on the following July 1 and on or before October 1
for administration and enforcement by the Department of the
change beginning on the following January 1. The retailers in
the business district shall be responsible for charging the tax
imposed under this subsection. If a retailer is incorrectly
included or excluded from the list of those required to collect
the tax under this subsection, both the Department of Revenue
and the retailer shall be held harmless if they reasonably
relied on information provided by the municipality.
A municipality that imposes the tax under this subsection
must submit to the Department of Revenue any other information
as the Department may require for the administration and

HB4049 Enrolled - 648 - LRB099 03667 KTG 23678 b
enforcement of the tax.
When certifying the amount of a monthly disbursement to a
municipality under this subsection, the Department shall
increase or decrease the amount by an amount necessary to
offset any misallocation of previous disbursements. The offset
amount shall be the amount erroneously disbursed within the
previous 6 months from the time a misallocation is discovered.
Nothing in this subsection shall be construed to authorize
the municipality to impose a tax upon the privilege of engaging
in any business which under the Constitution of the United
States may not be made the subject of taxation by this State.
If a tax is imposed under this subsection (b), a tax shall
also be imposed under subsection (c) of this Section.
(c) If a tax has been imposed under subsection (b), a
Business District Service Occupation Tax shall also be imposed
upon all persons engaged, in the business district, in the
business of making sales of service, who, as an incident to
making those sales of service, transfer tangible personal
property within the business district, either in the form of
tangible personal property or in the form of real estate as an
incident to a sale of service. The tax shall be imposed at the
same rate as the tax imposed in subsection (b) and shall not
exceed 1% of the selling price of tangible personal property so
transferred within the business district, to be imposed only in
0.25% increments. The tax may not be imposed on food for human
consumption that is to be consumed off the premises where it is

HB4049 Enrolled - 649 - LRB099 03667 KTG 23678 b
sold (other than alcoholic beverages, soft drinks, and food
that has been prepared for immediate consumption),
prescription and nonprescription medicines, drugs, medical
appliances, modifications to a motor vehicle for the purpose of
rendering it usable by a person with a disability disabled
person, and insulin, urine testing materials, syringes, and
needles used by diabetics, for human use.
The tax imposed under this subsection and all civil
penalties that may be assessed as an incident thereof shall be
collected and enforced by the Department of Revenue. The
certificate of registration which is issued by the Department
to a retailer under the Retailers' Occupation Tax Act or under
the Service Occupation Tax Act shall permit such registrant to
engage in a business which is taxable under any ordinance or
resolution enacted pursuant to this subsection without
registering separately with the Department under such
ordinance or resolution or under this subsection. The
Department of Revenue shall have full power to administer and
enforce this subsection; to collect all taxes and penalties due
under this subsection; to dispose of taxes and penalties so
collected in the manner hereinafter provided; and to determine
all rights to credit memoranda arising on account of the
erroneous payment of tax or penalty under this subsection. In
the administration of, and compliance with this subsection, the
Department and persons who are subject to this subsection shall
have the same rights, remedies, privileges, immunities, powers

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

HB4049 Enrolled - 651 - LRB099 03667 KTG 23678 b
Whenever the Department determines that a refund should be
made under this subsection to a claimant instead of issuing
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the order to be drawn for the
amount specified, and to the person named, in such notification
from the Department. Such refund shall be paid by the State
Treasurer out of the business district retailers' occupation
tax fund.
The Department shall forthwith pay over to the State
Treasurer, ex-officio, as trustee, all taxes, penalties, and
interest collected under this subsection for deposit into the
business district retailers' occupation tax fund.
As soon as possible after the first day of each month,
beginning January 1, 2011, upon certification of the Department
of Revenue, the Comptroller shall order transferred, and the
Treasurer shall transfer, to the STAR Bonds Revenue Fund the
local sales tax increment, as defined in the Innovation
Development and Economy Act, collected under this subsection
during the second preceding calendar month for sales within a
STAR bond district.
After the monthly transfer to the STAR Bonds Revenue Fund,
on or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to named municipalities
from the business district retailers' occupation tax fund, the
municipalities to be those from which suppliers and servicemen

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

HB4049 Enrolled - 653 - LRB099 03667 KTG 23678 b
the Department, if all other requirements of this subsection
are met, shall proceed to administer and enforce this
subsection as of the first day of July next following the
adoption and filing; or (ii) be adopted and a certified copy
thereof filed with the Department on or before the first day of
October, whereupon, if all other conditions of this subsection
are met, the Department shall proceed to administer and enforce
this subsection as of the first day of January next following
the adoption and filing.
The Department of Revenue shall not administer or enforce
an ordinance imposing, discontinuing, or changing the rate of
the tax under this subsection, until the municipality also
provides, in the manner prescribed by the Department, the
boundaries of the business district in such a way that the
Department can determine by its address whether a business is
located in the business district. The municipality must provide
this boundary and address information to the Department on or
before April 1 for administration and enforcement of the tax
under this subsection by the Department beginning on the
following July 1 and on or before October 1 for administration
and enforcement of the tax under this subsection by the
Department beginning on the following January 1. The Department
of Revenue shall not administer or enforce any change made to
the boundaries of a business district or address change,
addition, or deletion until the municipality reports the
boundary change or address change, addition, or deletion to the

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

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

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

HB4049 Enrolled - 657 - LRB099 03667 KTG 23678 b
costs and obligations. Whenever a municipality pledges all of
the funds to the credit of a business district tax allocation
fund to secure obligations issued or to be issued to pay or
reimburse business district project costs, the municipality
may specifically provide that funds remaining to the credit of
such business district tax allocation fund after the payment of
such obligations shall be accounted for annually and shall be
deemed to be "surplus" funds, and such "surplus" funds shall be
expended by the municipality for any business district project
cost as approved in the business district plan. Whenever a
municipality pledges less than all of the monies to the credit
of a business district tax allocation fund to secure
obligations issued or to be issued to pay or reimburse business
district project costs, the municipality shall provide that
monies to the credit of the business district tax allocation
fund and not subject to such pledge or otherwise encumbered or
required for payment of contractual obligations for specific
business district project costs shall be calculated annually
and shall be deemed to be "surplus" funds, and such "surplus"
funds shall be expended by the municipality for any business
district project cost as approved in the business district
plan.
No obligation issued pursuant to this Law and secured by a
pledge of all or any portion of any revenues received or to be
received by the municipality from the imposition of taxes
pursuant to subsection (10) of Section 11-74.3-3, shall be

HB4049 Enrolled - 658 - LRB099 03667 KTG 23678 b
deemed to constitute an economic incentive agreement under
Section 8-11-20, notwithstanding the fact that such pledge
provides for the sharing, rebate, or payment of retailers'
occupation taxes or service occupation taxes imposed pursuant
to subsection (10) of Section 11-74.3-3 and received or to be
received by the municipality from the development or
redevelopment of properties in the business district.
Without limiting the foregoing in this Section, the
municipality may further secure obligations secured by the
business district tax allocation fund with a pledge, for a
period not greater than the term of the obligations and in any
case not longer than the dissolution date, of any part or any
combination of the following: (i) net revenues of all or part
of any business district project; (ii) taxes levied or imposed
by the municipality on any or all property in the municipality,
including, specifically, taxes levied or imposed by the
municipality in a special service area pursuant to the Special
Service Area Tax Law; (iii) the full faith and credit of the
municipality; (iv) a mortgage on part or all of the business
district project; or (v) any other taxes or anticipated
receipts that the municipality may lawfully pledge.
Such obligations may be issued in one or more series, bear
such date or dates, become due at such time or times as therein
provided, but in any case not later than (i) 20 years after the
date of issue or (ii) the dissolution date, whichever is
earlier, bear interest payable at such intervals and at such

HB4049 Enrolled - 659 - LRB099 03667 KTG 23678 b
rate or rates as set forth therein, except as may be limited by
applicable law, which rate or rates may be fixed or variable,
be in such denominations, be in such form, either coupon,
registered, or book-entry, carry such conversion, registration
and exchange privileges, be subject to defeasance upon such
terms, have such rank or priority, be executed in such manner,
be payable in such medium or payment at such place or places
within or without the State, make provision for a corporate
trustee within or without the State with respect to such
obligations, prescribe the rights, powers, and duties thereof
to be exercised for the benefit of the municipality and the
benefit of the owners of such obligations, provide for the
holding in trust, investment, and use of moneys, funds, and
accounts held under an ordinance, provide for assignment of and
direct payment of the moneys to pay such obligations or to be
deposited into such funds or accounts directly to such trustee,
be subject to such terms of redemption with or without premium,
and be sold at such price, all as the corporate authorities
shall determine. No referendum approval of the electors shall
be required as a condition to the issuance of obligations
pursuant to this Law except as provided in this Section.
In the event the municipality authorizes the issuance of
obligations pursuant to the authority of this Law secured by
the full faith and credit of the municipality, or pledges ad
valorem taxes pursuant to this subsection, which obligations
are other than obligations which may be issued under home rule

HB4049 Enrolled - 660 - LRB099 03667 KTG 23678 b
powers provided by Section 6 of Article VII of the Illinois
Constitution or which ad valorem taxes are other than ad
valorem taxes which may be pledged under home rule powers
provided by Section 6 of Article VII of the Illinois
Constitution or which are levied in a special service area
pursuant to the Special Service Area Tax Law, the ordinance
authorizing the issuance of those obligations or pledging those
taxes shall be published within 10 days after the ordinance has
been adopted, in a newspaper having a general circulation
within the municipality. The publication of the ordinance shall
be accompanied by a notice of (i) the specific number of voters
required to sign a petition requesting the question of the
issuance of the obligations or pledging such ad valorem taxes
to be submitted to the electors; (ii) the time within which the
petition must be filed; and (iii) the date of the prospective
referendum. The municipal clerk shall provide a petition form
to any individual requesting one.
If no petition is filed with the municipal clerk, as
hereinafter provided in this Section, within 21 days after the
publication of the ordinance, the ordinance shall be in effect.
However, if within that 21-day period a petition is filed with
the municipal clerk, signed by electors numbering not less than
15% of the number of electors voting for the mayor or president
at the last general municipal election, asking that the
question of issuing obligations using full faith and credit of
the municipality as security for the cost of paying or

HB4049 Enrolled - 661 - LRB099 03667 KTG 23678 b
reimbursing business district project costs, or of pledging
such ad valorem taxes for the payment of those obligations, or
both, be submitted to the electors of the municipality, the
municipality shall not be authorized to issue obligations of
the municipality using the full faith and credit of the
municipality as security or pledging such ad valorem taxes for
the payment of those obligations, or both, until the
proposition has been submitted to and approved by a majority of
the voters voting on the proposition at a regularly scheduled
election. The municipality shall certify the proposition to the
proper election authorities for submission in accordance with
the general election law.
The ordinance authorizing the obligations may provide that
the obligations shall contain a recital that they are issued
pursuant to this Law, which recital shall be conclusive
evidence of their validity and of the regularity of their
issuance.
In the event the municipality authorizes issuance of
obligations pursuant to this Law secured by the full faith and
credit of the municipality, the ordinance authorizing the
obligations may provide for the levy and collection of a direct
annual tax upon all taxable property within the municipality
sufficient to pay the principal thereof and interest thereon as
it matures, which levy may be in addition to and exclusive of
the maximum of all other taxes authorized to be levied by the
municipality, which levy, however, shall be abated to the

HB4049 Enrolled - 662 - LRB099 03667 KTG 23678 b
extent that monies from other sources are available for payment
of the obligations and the municipality certifies the amount of
those monies available to the county clerk.
A certified copy of the ordinance shall be filed with the
county clerk of each county in which any portion of the
municipality is situated, and shall constitute the authority
for the extension and collection of the taxes to be deposited
in the business district tax allocation fund.
A municipality may also issue its obligations to refund, in
whole or in part, obligations theretofore issued by the
municipality under the authority of this Law, whether at or
prior to maturity. However, the last maturity of the refunding
obligations shall not be expressed to mature later than the
dissolution date.
In the event a municipality issues obligations under home
rule powers or other legislative authority, the proceeds of
which are pledged to pay or reimburse business district project
costs, the municipality may, if it has followed the procedures
in conformance with this Law, retire those obligations from
funds in the business district tax allocation fund in amounts
and in such manner as if those obligations had been issued
pursuant to the provisions of this Law.
No obligations issued pursuant to this Law shall be
regarded as indebtedness of the municipality issuing those
obligations or any other taxing district for the purpose of any
limitation imposed by law.

HB4049 Enrolled - 663 - LRB099 03667 KTG 23678 b
Obligations issued pursuant to this Law shall not be
subject to the provisions of the Bond Authorization Act.
(f) When business district project costs, including,
without limitation, all obligations paying or reimbursing
business district project costs have been paid, any surplus
funds then remaining in the Business District Tax Allocation
Fund shall be distributed to the municipal treasurer for
deposit into the general corporate fund of the municipality.
Upon payment of all business district project costs and
retirement of all obligations paying or reimbursing business
district project costs, but in no event more than 23 years
after the date of adoption of the ordinance imposing taxes
pursuant to subsection (10) or (11) of Section 11-74.3-3, the
municipality shall adopt an ordinance immediately rescinding
the taxes imposed pursuant to subsection (10) or (11) of
Section 11-74.3-3.
(Source: P.A. 96-939, eff. 6-24-10; 96-1394, eff. 7-29-10;
96-1555, eff. 3-18-11; 97-333, eff. 8-12-11.)
(65 ILCS 5/11-95-13) (from Ch. 24, par. 11-95-13)
Sec. 11-95-13. The corporate authorities of a municipality
specified in Section 11-95-2 and a recreation board specified
in Section 11-95-3 are authorized to establish, maintain and
manage recreational programs for persons with disabilities the
handicapped, including both persons with mental disabilities
and persons with physical disabilities mentally and physically

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

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

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

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

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

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

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

HB4049 Enrolled - 671 - LRB099 03667 KTG 23678 b
unappropriated trust fund held outside the State treasury.
On or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
disbursement of stated sums of money to the counties from which
retailers or servicemen have paid taxes or penalties to the
Department during the second preceding calendar month. The
amount to be paid to each county is equal to the amount (not
including credit memoranda) collected from the county under
this Section during the second preceding calendar month by the
Department, (i) less 2% of that amount, which shall be
deposited into the Tax Compliance and Administration Fund and
shall be used by the Department in administering and enforcing
the provisions of this Section on behalf of the county, (ii)
plus an amount that the Department determines is necessary to
offset any amounts that were erroneously paid to a different
taxing body; (iii) less an amount equal to the amount of
refunds made during the second preceding calendar month by the
Department on behalf of the county; and (iv) less any amount
that the Department determines is necessary to offset any
amounts that were payable to a different taxing body but were
erroneously paid to the county. When certifying the amount of a
monthly disbursement to a county under this Section, the
Department shall increase or decrease the amounts by an amount
necessary to offset any miscalculation of previous
disbursements within the previous 6 months from the time a
miscalculation is discovered.

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

HB4049 Enrolled - 673 - LRB099 03667 KTG 23678 b
first day of January next following the filing.
(j) County Flood Prevention Occupation Tax Fund. All
proceeds received by a county from a tax distribution under
this Section must be maintained in a special fund known as the
[name of county] flood prevention occupation tax fund. The
county shall, at the direction of the flood prevention
district, use moneys in the fund to pay the costs of providing
emergency levee repair and flood prevention and to pay bonds,
notes, and other evidences of indebtedness issued under this
Act.
(k) This Section may be cited as the Flood Prevention
Occupation Tax Law.
(Source: P.A. 96-939, eff. 6-24-10; 97-188, eff. 7-22-11.)
Section 380. The Downstate Forest Preserve District Act is
amended by changing Section 6 as follows:
(70 ILCS 805/6) (from Ch. 96 1/2, par. 6309)
Sec. 6. Acquisition of property. Any such District shall
have power to acquire lands and grounds for the aforesaid
purposes by lease, or in fee simple by gift, grant, legacy,
purchase or condemnation, or to acquire easements in land, and
to construct, lay out, improve and maintain wells, power
plants, comfort stations, shelter houses, paths, driveways,
public roads, roadways and other improvements and facilities in
and through such forest preserves as they shall deem necessary

HB4049 Enrolled - 674 - LRB099 03667 KTG 23678 b
or desirable for the use of such forest preserves by the public
and may acquire, develop, improve and maintain waterways in
conjunction with the district. No district with a population
less than 600,000 shall have the power to purchase, condemn,
lease or acquire an easement in property within a municipality
without the concurrence of the governing body of the
municipality, except where such district is acquiring land for
a linear park or trail not to exceed 100 yards in width or is
acquiring land contiguous to an existing park or forest
preserve, and no municipality shall annex any land for the
purpose of defeating a District acquisition once the District
has given notice of intent to acquire a specified parcel of
land. No district with a population of less than 500,000 shall
(i) have the power to condemn property for a linear park or
trail within a municipality without the concurrence of the
governing body of the municipality or (ii) have the power to
condemn property for a linear park or trail in an
unincorporated area without the concurrence of the governing
body of the township within which the property is located or
(iii) once having commenced a proceeding to acquire land by
condemnation, dismiss or abandon that proceeding without the
consent of the property owners. No district shall establish a
trail surface within 50 feet of an occupied dwelling which was
in existence prior to the approval of the acquisition by the
district without obtaining permission of the owners of the
premises or the concurrence of the governing body of the

HB4049 Enrolled - 675 - LRB099 03667 KTG 23678 b
municipality or township within which the property is located.
All acquisitions of land by a district with a population less
than 600,000 within 1 1/2 miles of a municipality shall be
preceded by a conference with the mayor or president of the
municipality or his designated agent. If a forest preserve
district is in negotiations for acquisition of land with owners
of land adjacent to a municipality, the annexation of that land
shall be deferred for 6 months. The district shall have no
power to acquire an interest in real estate situated outside
the district by the exercise of the right of eminent domain, by
purchase or by lease, but shall have the power to acquire any
such property, or an easement in any such property, which is
contiguous to the district by gift, legacy, grant, or lease by
the State of Illinois, subject to approval of the county board
of the county, and of any forest preserve district or
conservation district, within which the property is located.
The district shall have the same control of and power over
land, an interest in which it has so acquired, as over forest
preserves within the district. If any of the powers to acquire
lands and hold or improve the same given to Forest Preserve
Districts, by Sections 5 and 6 of this Act should be held
invalid, such invalidity shall not invalidate the remainder of
this Act or any of the other powers herein given and conferred
upon the Forest Preserve Districts. Such Forest Preserve
Districts shall also have power to lease not to exceed 40 acres
of the lands and grounds acquired by it, for a term of not more

HB4049 Enrolled - 676 - LRB099 03667 KTG 23678 b
than 99 years to veterans' organizations as grounds for
convalescing sick veterans and veterans with disabilities and
disabled veterans, and as a place upon which to construct
rehabilitation quarters, or to a county as grounds for a county
nursing home or convalescent home. Any such Forest Preserve
District shall also have power to grant licenses, easements and
rights-of-way for the construction, operation and maintenance
upon, under or across any property of such District of
facilities for water, sewage, telephone, telegraph, electric,
gas or other public service, subject to such terms and
conditions as may be determined by such District.
Any such District may purchase, but not condemn, a parcel
of land and sell a portion thereof for not less than fair
market value pursuant to resolution of the Board. Such
resolution shall be passed by the affirmative vote of at least
2/3 of all members of the board within 30 days after
acquisition by the district of such parcel.
The corporate authorities of a forest preserve district
that (i) is located in a county that has more than 700,000
inhabitants, (ii) borders a county that has 1,000,000 or more
inhabitants, and (iii) also borders another state, by ordinance
or resolution, may authorize the sale or public auction of a
structure located on land owned by the district if (i) the
structure existed on the land prior to the district's
acquisition of the land, (ii) two-thirds of the members of the
board of commissioners then holding office find that the

HB4049 Enrolled - 677 - LRB099 03667 KTG 23678 b
structure is not necessary or is not useful to or for the best
interest of the forest preserve district, (iii) a condition of
sale or auction requires the transferee of the structure to
remove the structure from district land, and (iv) prior to the
sale or auction, the fair market value of the structure is
determined by a written MAI-certified appraisal or by a written
certified appraisal of a State certified or licensed real
estate appraiser and the appraisal is available for public
inspection. The ordinance or resolution shall (i) direct the
sale to be conducted by the staff of the district, a listing
with local licensed real estate agencies (in which case the
terms of the agent's compensation shall be included in the
ordinance or resolution), or by public auction, (ii) be
published within 7 days after its passage in a newspaper
published in the district, and (iii) contain pertinent
information concerning the nature of the structure and any
terms or conditions of sale or auction. No earlier than 14 days
after the publication, the corporate authorities may accept any
offer for the structure determined by them to be in the best
interest of the district by a vote of two-thirds of the
corporate authorities then holding office.
Whenever the board of any forest preserve district
determines that the public interest will be subserved by
vacating any street, roadway, or driveway, or part thereof,
located within a forest preserve, it may vacate that street,
roadway, or driveway, or part thereof, by an ordinance passed

HB4049 Enrolled - 678 - LRB099 03667 KTG 23678 b
by the affirmative vote of at least 3/4 of all the members of
the board, except that the affirmative vote of at least 6/7 of
all the members of the board is required if the board members
are elected under Section 3c of this Act. This vote shall be
taken by ayes and nays and entered in the records of the board.
The determination of the board that the nature and extent
of the public use or public interest to be subserved is such as
to warrant the vacation of any street, roadway, or driveway, or
part thereof, is conclusive, and the passage of such an
ordinance is sufficient evidence of that determination,
whether so recited in the ordinance or not. The relief to the
public from further burden and responsibility of maintaining
any street, roadway or driveway, or part thereof, constitutes a
public use or public interest authorizing the vacation.
Nothing contained in this Section shall be construed to
authorize the board of any forest preserve district to vacate
any street, roadway, or driveway, or part thereof, that is part
of any State or county highway.
When property is damaged by the vacation or closing of any
street, roadway, or driveway, or part thereof, damage shall be
ascertained and paid as provided by law.
Except in cases where the deed, or other instrument
dedicating a street, roadway, or driveway, or part thereof, has
expressly provided for a specific devolution of the title
thereto upon the abandonment or vacation thereof, and except
where such street, roadway or driveway, or part thereof, is

HB4049 Enrolled - 679 - LRB099 03667 KTG 23678 b
held by the district by lease, or where the district holds an
easement in the land included within the street, roadway or
driveway, whenever any street, roadway, or driveway, or part
thereof is vacated under or by virtue of any ordinance of any
forest preserve district, the title to the land in fee simple
included within the street, roadway, or driveway, or part
thereof, so vacated vests in the forest preserve district.
The board of any forest preserve district is authorized to
sell at fair market price, gravel, sand, earth and any other
material obtained from the lands and waters owned by the
district.
For the purposes of this Section, "acquiring land" includes
acquiring a fee simple, lease or easement in land.
(Source: P.A. 97-851, eff. 7-26-12.)
Section 385. The Cook County Forest Preserve District Act
is amended by changing Section 8 as follows:
(70 ILCS 810/8) (from Ch. 96 1/2, par. 6411)
Sec. 8. Any forest preserve district shall have power to
acquire easements in land, lands in fee simple and grounds
within such district for the aforesaid purposes by gift, grant,
legacy, purchase or condemnation and to construct, lay out,
improve and maintain wells, power plants, comfort stations,
shelter houses, paths, driveways, roadways and other
improvements and facilities in and through such forest

HB4049 Enrolled - 680 - LRB099 03667 KTG 23678 b
preserves as it shall deem necessary or desirable for the use
of such forest preserves by the public. Such forest preserve
districts shall also have power to lease not to exceed 40 acres
of the lands and grounds acquired by it, for a term of not more
than 99 years to veterans' organizations as grounds for
convalescing sick veterans and veterans with disabilities and
disabled veterans, and as a place upon which to construct
rehabilitation quarters, or to a county as grounds for a county
nursing home or convalescent home. Any such forest preserve
district shall also have power to grant licenses, easements and
rights-of-way for the construction, operation and maintenance
upon, under or across any property of such district of
facilities for water, sewage, telephone, telegraph, electric,
gas or other public service, subject to such terms and
conditions as may be determined by such district.
Whenever the board determines that the public interest will
be subserved by vacating any street, roadway, or driveway, or
part thereof, located within a forest preserve, it may vacate
that street, roadway, or driveway, or part thereof, by an
ordinance passed by the affirmative vote of at least 3/4 of all
the members of the board.
The determination of the board that the nature and extent
of the public use or public interest to be subserved is such as
to warrant the vacation of any street, roadway, or driveway, or
part thereof, is conclusive, and the passage of such an
ordinance is sufficient evidence of that determination,

HB4049 Enrolled - 681 - LRB099 03667 KTG 23678 b
whether so recited in the ordinance or not. The relief to the
public from further burden and responsibility of maintaining
any street, roadway or driveway, or part thereof, constitutes a
public use or public interest authorizing the vacation.
Nothing contained in this Section shall be construed to
authorize the board to vacate any street, roadway, or driveway,
or part thereof, that is part of any State or county highway.
When property is damaged by the vacation or closing of any
street, roadway, or driveway, or part thereof, damage shall be
ascertained and paid as provided by law.
Except in cases where the deed, or other instrument
dedicating a street, roadway, or driveway, or part thereof, has
expressly provided for a specific devolution of the title
thereto upon the abandonment or vacation thereof, whenever any
street, roadway, or driveway, or part thereof is vacated under
or by virtue of any ordinance of any forest preserve district,
the title to the land in fee simple included within the street,
roadway, or driveway, or part thereof, so vacated vests in the
forest preserve district.
The board of any forest preserve district is authorized to
sell at fair market price, gravel, sand, earth and any other
material obtained from the lands and waters owned by the
district.
(Source: P.A. 98-281, eff. 8-9-13.)
Section 390. The Park District Code is amended by changing

HB4049 Enrolled - 682 - LRB099 03667 KTG 23678 b
Sections 5-8, 5-10, 8-10a, and 8-10b as follows:
(70 ILCS 1205/5-8) (from Ch. 105, par. 5-8)
Sec. 5-8. Any park district that is a party to a joint
agreement to provide recreational programs for persons with
disabilities the handicapped under Section 8-10b of this Code
may levy and collect annually a tax of not to exceed .04% of
the value, as equalized or assessed by the Department of
Revenue of all taxable property in the district for the purpose
of funding the district's share of the expenses of providing
these programs under that joint agreement, which tax shall be
levied and collected in like manner as the general taxes for
the district. Such tax shall be in addition to all other taxes
authorized by law to be levied and collected in the district
and shall not be included within any limitation of rate
contained in this Code or any other law, but shall be excluded
therefrom, in addition thereto and in excess thereof. However,
no tax may be levied pursuant to this Section in any area in
which a tax is levied under Section 11-95-14 of the Illinois
Municipal Code.
(Source: P.A. 85-124.)
(70 ILCS 1205/5-10) (from Ch. 105, par. 5-10)
Sec. 5-10. Whenever, as a result of any lawful order of any
agency, other than a park district board, having authority to
enforce any law or regulation designed for the protection,

HB4049 Enrolled - 683 - LRB099 03667 KTG 23678 b
health or safety of employees or visitors, or any law or
regulation for the protection and safety of the environment,
pursuant to the "Environmental Protection Act", any local park
district, is required to alter or repair any physical
facilities, or whenever after the effective date of this
amendatory Act of 1985 any such district determines that it is
necessary for health and safety, environmental protection,
handicapped accessibility or energy conservation purposes that
any physical facilities be altered or repaired, such district
may, by proper resolution which specifically identifies the
project and which is adopted pursuant to the provisions of the
Open Meetings Act and upon the approval of a proposition by a
majority of the electors voting thereon specifying the rate,
levy a tax for the purpose of paying such alterations or
repairs, or survey by a licensed architect or engineer, upon
the equalized assessed value of all the taxable property of the
district at the specified rate not to exceed .10% per year for
a period sufficient to finance such alterations or repairs,
upon the following conditions:
(a) When in the judgment of the local park district board
of commissioners there are not sufficient funds available in
the operations, building and maintenance fund of the district
to pay for such alterations or repairs so ordered or determined
as necessary.
(b) When a certified estimate of a licensed architect or
engineer stating the estimated amount of not less than $25,000

HB4049 Enrolled - 684 - LRB099 03667 KTG 23678 b
that is necessary to make the alterations or repairs so ordered
or determined as necessary has been secured by the local park
district.
The filing of a certified copy of the resolution or
ordinance levying the tax shall be the authority of the county
clerk or clerks to extend such tax; provided, that in no event
shall the extension of such tax for the current and preceding
years, if any, under this Section be greater than the amount so
approved, and in the event such current extension and preceding
extensions exceed such approval and interest, it shall be
reduced proportionately.
The county clerk of each of the counties in which any park
district levying a tax under the authority of this Section is
located, in reducing raised levies, shall not consider any such
tax as a part of the general levy for park district purposes
and shall not include the same in the limitation of any other
tax rate which may be extended. Such tax shall be levied and
collected in like manner as all other taxes of park districts.
The proposition to impose a tax under this Section may be
initiated by resolution of the local park district board and
shall be certified by the secretary of the local park district
board to the proper election authorities for submission in
accordance with the general election law.
(Source: P.A. 84-849.)
(70 ILCS 1205/8-10a) (from Ch. 105, par. 8-10.1)

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

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

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

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

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

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

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(Source: P.A. 91-103, eff. 7-13-99.)
Section 405. The Metro East Police District Act is amended
by changing Section 10 as follows:
(70 ILCS 1750/10)
(Section scheduled to be repealed on December 31, 2019)
Sec. 10. Metro East Police District Commission.
(a) The governing and administrative powers of the Metro
East Police District shall be vested in a body politic and
corporate named the Metro East Police District Commission,
whose powers are the following:
(1) To apply for, accept and expend grants, loans, or
appropriations from the State of Illinois, the federal
government, any State or federal agency or
instrumentality, any unit of local government, or any other
person or entity to be used for any of the purposes of the
District. The Commission may enter into any agreement with
the State of Illinois, the federal government, any State or
federal instrumentality, any unit of local government, or
any other person or entity in relation to grants, matching
grants, loans, or appropriations. The Commission may
provide grants, loans, or appropriations for law
enforcement purposes to any unit of local government within
the District.
(2) To enter into contracts or agreements with persons

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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public health, safety and welfare.
(iv) Additional commitments to the public
transportation needs of persons with disabilities the
disabled, the economically disadvantaged, and the elderly
are necessary.
(v) To solve these problems, it is necessary to provide
for the creation of a regional transportation authority
with the powers necessary to insure adequate public
transportation.
(b) The General Assembly further finds, in connection with
this amendatory Act of 1983:
(i) Substantial, recurring deficits in the operations
of public transportation services subject to the
jurisdiction of the Regional Transportation Authority and
periodic cash shortages have occurred either of which could
bring about a loss of public transportation services
throughout the metropolitan region at any time;
(ii) A substantial or total loss of public
transportation services or any segment thereof would
create an emergency threatening the safety and well-being
of the people in the northeastern area of the State; and
(iii) To meet the urgent needs of the people of the
metropolitan region that such an emergency be averted and
to provide financially sound methods of managing the
provision of public transportation services in the
northeastern area of the State, it is necessary, while

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

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

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

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

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

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

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

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

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

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

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

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

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

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

HB4049 Enrolled - 727 - LRB099 03667 KTG 23678 b
eligible children in the program and shall comply with all the
requirements of this Article and all rules and regulations
established by the State Board of Education. Such school boards
shall accept in part-time attendance children with
disabilities of the types described in Sections 14-1.02 through
14-1.07 who are enrolled in nonpublic schools. A request for
part-time attendance must be submitted by a parent or guardian
of the child with a disability disabled child and may be made
only to those public schools located in the district where the
child attending the nonpublic school resides; however, nothing
in this Section shall be construed as prohibiting an agreement
between the district where the child resides and another public
school district to provide special educational services if such
an arrangement is deemed more convenient and economical.
Special education and related services must be provided in
accordance with the student's IEP no later than 10 school
attendance days after notice is provided to the parents
pursuant to Section 300.503 of Title 34 of the Code of Federal
Regulations and implementing rules adopted by the State Board
of Education. Transportation for students in part time
attendance shall be provided only if required in the child's
individualized educational program on the basis of the child's
disabling condition or as the special education program
location may require.
A school board shall publish a public notice in its
newsletter of general circulation or in the newsletter of

HB4049 Enrolled - 728 - LRB099 03667 KTG 23678 b
another governmental entity of general circulation in the
district or if neither is available in the district, then in a
newspaper of general circulation in the district, the right of
all children with disabilities to a free appropriate public
education as provided under this Code. Such notice shall
identify the location and phone number of the office or agent
of the school district to whom inquiries should be directed
regarding the identification, assessment and placement of such
children.
School boards shall immediately provide upon request by any
person written materials and other information that indicates
the specific policies, procedures, rules and regulations
regarding the identification, evaluation or educational
placement of children with disabilities under Section 14-8.02
of the School Code. Such information shall include information
regarding all rights and entitlements of such children under
this Code, and of the opportunity to present complaints with
respect to any matter relating to educational placement of the
student, or the provision of a free appropriate public
education and to have an impartial due process hearing on the
complaint. The notice shall inform the parents or guardian in
the parents' or guardian's native language, unless it is
clearly not feasible to do so, of their rights and all
procedures available pursuant to this Act and federal Public
Law 94-142; it shall be the responsibility of the State
Superintendent to develop uniform notices setting forth the

HB4049 Enrolled - 729 - LRB099 03667 KTG 23678 b
procedures available under this Act and federal Public Law
94-142, as amended, to be used by all school boards. The notice
shall also inform the parents or guardian of the availability
upon request of a list of free or low-cost legal and other
relevant services available locally to assist parents or
guardians in exercising rights or entitlements under this Code.
Any parent or guardian who is deaf, or does not normally
communicate using spoken English, who participates in a meeting
with a representative of a local educational agency for the
purposes of developing an individualized educational program
shall be entitled to the services of an interpreter.
No student with a disability disabled student may be denied
promotion, graduation or a general diploma on the basis of
failing a minimal competency test when such failure can be
directly related to the disabling condition of the student. For
the purpose of this Act, "minimal competency testing" is
defined as tests which are constructed to measure the
acquisition of skills to or beyond a certain defined standard.
Effective July 1, 1966, high school districts are
financially responsible for the education of pupils with
disabilities who are residents in their districts when such
pupils have reached age 15 but may admit children with
disabilities into special educational facilities without
regard to graduation from the eighth grade after such pupils
have reached the age of 14 1/2 years. Upon a pupil with a
disability disabled pupil's attaining the age of 14 1/2 years,

HB4049 Enrolled - 730 - LRB099 03667 KTG 23678 b
it shall be the duty of the elementary school district in which
the pupil resides to notify the high school district in which
the pupil resides of the pupil's current eligibility for
special education services, of the pupil's current program, and
of all evaluation data upon which the current program is based.
After an examination of that information the high school
district may accept the current placement and all subsequent
timelines shall be governed by the current individualized
educational program; or the high school district may elect to
conduct its own evaluation and multidisciplinary staff
conference and formulate its own individualized educational
program, in which case the procedures and timelines contained
in Section 14-8.02 shall apply.
(Source: P.A. 98-219, eff. 8-9-13.)
(105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
Sec. 14-7.02. Children attending private schools, public
out-of-state schools, public school residential facilities or
private special education facilities. The General Assembly
recognizes that non-public schools or special education
facilities provide an important service in the educational
system in Illinois.
If because of his or her disability the special education
program of a district is unable to meet the needs of a child
and the child attends a non-public school or special education
facility, a public out-of-state school or a special education

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

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

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

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

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

HB4049 Enrolled - 736 - LRB099 03667 KTG 23678 b
been subtracted from such costs. If the money appropriated by
the General Assembly for such purpose for any year is
insufficient, it shall be apportioned on the basis of the
claims approved. Each district shall submit estimated claims to
the State Superintendent of Education. Upon approval of such
claims, the State Superintendent of Education shall direct the
State Comptroller to make payments on a monthly basis. The
frequency for submitting estimated claims and the method of
determining payment shall be prescribed in rules and
regulations adopted by the State Board of Education. Such
current state reimbursement shall be reduced by an amount equal
to the proceeds which the child or child's parents are eligible
to receive under any public or private insurance or assistance
program. Nothing in this Section shall be construed as
relieving an insurer or similar third party from an otherwise
valid obligation to provide or to pay for services provided to
a child with a disability disabled child.
If it otherwise qualifies, a school district is eligible
for the transportation reimbursement under Section 14-13.01
and for the reimbursement of tuition payments under this
Section whether the non-public school or special education
facility, public out-of-state school or county special
education facility, attended by a child who resides in that
district and requires special educational services, is within
or outside of the State of Illinois. However, a district is not
eligible to claim transportation reimbursement under this

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Section unless the district certifies to the State
Superintendent of Education that the district is unable to
provide special educational services required by the child for
the current school year.
Nothing in this Section authorizes the reimbursement of a
school district for the amount paid for tuition of a child
attending a non-public school or special education facility,
public out-of-state school or county special education
facility unless the school district certifies to the State
Superintendent of Education that the special education program
of that district is unable to meet the needs of that child
because of his disability and the State Superintendent of
Education finds that the school district is in substantial
compliance with Section 14-4.01. However, if a child is
unilaterally placed by a State agency or any court in a
non-public school or special education facility, public
out-of-state school, or county special education facility, a
school district shall not be required to certify to the State
Superintendent of Education, for the purpose of tuition
reimbursement, that the special education program of that
district is unable to meet the needs of a child because of his
or her disability.
Any educational or related services provided, pursuant to
this Section in a non-public school or special education
facility or a special education facility owned and operated by
a county government unit shall be at no cost to the parent or

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

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

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

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

HB4049 Enrolled - 742 - LRB099 03667 KTG 23678 b
received at the State Board of Education on or before June 15
shall be vouchered by June 30. Final claims received at the
State Board of Education between June 16 and July 15 shall be
vouchered by August 30. Claims for group programs received
after July 15 shall not be honored.
Each district claiming reimbursement for individual
students shall have the eligibility of those students verified
by the State Board of Education. On September 30, December 31,
and March 31, the State Board of Education shall voucher
payments for individual students based upon an estimated cost
calculated from the prior year's claim. Final claims for
individual students for the regular school term must be
received at the State Board of Education by July 15. Claims for
individual students received after July 15 shall not be
honored. Final claims for individual students shall be
vouchered by August 30.
Reimbursement shall be made based upon approved group
programs or individual students. The State Superintendent of
Education shall direct the Comptroller to pay a specified
amount to the district by the 30th day of September, December,
March, June, or August, respectively. However, notwithstanding
any other provisions of this Section or the School Code,
beginning with fiscal year 1994 and each fiscal year
thereafter, if the amount appropriated for any fiscal year is
less than the amount required for purposes of this Section, the
amount required to eliminate any insufficient reimbursement

HB4049 Enrolled - 743 - LRB099 03667 KTG 23678 b
for each district claim under this Section shall be reimbursed
on August 30 of the next fiscal year. Payments required to
eliminate any insufficiency for prior fiscal year claims shall
be made before any claims are paid for the current fiscal year.
The claim of a school district otherwise eligible to be
reimbursed in accordance with Section 14-12.01 for the 1976-77
school year but for this amendatory Act of 1977 shall not be
paid unless the district ceases to maintain such classes for
one entire school year.
If a school district's current reimbursement payment for
the 1977-78 school year only is less than the prior year's
reimbursement payment owed, the district shall be paid the
amount of the difference between the payments in addition to
the current reimbursement payment, and the amount so paid shall
be subtracted from the amount of prior year's reimbursement
payment owed to the district.
Regional superintendents may operate special education
classes for children from orphanages, foster family homes,
children's homes or State housing units located within the
educational services region upon consent of the school board
otherwise so obligated. In electing to assume the powers and
duties of a school district in providing and maintaining such a
special education program, the regional superintendent may
enter into joint agreements with other districts and may
contract with public or private schools or the orphanage,
foster family home, children's home or State housing unit for

HB4049 Enrolled - 744 - LRB099 03667 KTG 23678 b
provision of the special education program. The regional
superintendent exercising the powers granted under this
Section shall claim the reimbursement authorized by this
Section directly from the State Board of Education.
Any child who is not a resident of Illinois who is placed
in a child welfare institution, private facility, foster family
home, State operated program, orphanage or children's home
shall have the payment for his educational tuition and any
related services assured by the placing agent.
For each student with a disability disabled student who is
placed in a residential facility by an Illinois public agency
or by any court in this State, the costs for educating the
student are eligible for reimbursement under this Section.
The district of residence of the student with a disability
disabled student as defined in Section 14-1.11a is responsible
for the actual costs of the student's special education program
and is eligible for reimbursement under this Section when
placement is made by a State agency or the courts.
When a dispute arises over the determination of the
district of residence under this Section, the district or
districts may appeal the decision in writing to the State
Superintendent of Education, who, upon review of materials
submitted and any other items or information he or she may
request for submission, shall issue a written decision on the
matter. The decision of the State Superintendent of Education
shall be final.

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

HB4049 Enrolled - 746 - LRB099 03667 KTG 23678 b
All educational programs for children with disabilities as
defined in Section 14-1.02 administered by any State agency
shall be under the general supervision of the State Board of
Education. Such supervision shall be limited to insuring that
such educational programs meet standards jointly developed and
agreed to by both the State Board of Education and the
operating State agency, including standards for educational
personnel.
Any State agency providing special educational programs
for children with disabilities as defined in Section 14-1.02
shall promulgate rules and regulations, in consultation with
the State Board of Education and pursuant to the Illinois
Administrative Procedure Act as now or hereafter amended, to
insure that all such programs comply with this Section and
Section 14-8.02.
No otherwise qualified child with a disability disabled
child receiving special education and related services under
Article 14 shall solely by reason of his or her disability be
excluded from the participation in or be denied the benefits of
or be subjected to discrimination under any program or activity
provided by a State agency.
State agencies providing special education and related
services, including room and board, either directly or through
grants or purchases of services shall continue to provide these
services according to current law and practice. Room and board
costs not provided by a State agency other than the State Board

HB4049 Enrolled - 747 - LRB099 03667 KTG 23678 b
of Education shall be provided by the State Board of Education
to the extent of available funds. An amount equal to one-half
of the State education agency's share of IDEA PART B federal
monies, or so much thereof as may actually be needed, shall
annually be appropriated to pay for the additional costs of
providing for room and board for those children placed pursuant
to Section 14-7.02 of this Code and, after all such room and
board costs are paid, for similar expenditures for children
served pursuant to Section 14-7.02 or 14-7.02b of this Code.
Any such excess room and board funds must first be directed to
those school districts with students costing in excess of 4
times the district's per capita tuition charge and then to
community based programs that serve as alternatives to
residential placements.
Beginning with Fiscal Year 1997 and continuing through
Fiscal Year 2000, 100% of the former Chapter I, Section 89-313
federal funds shall be allocated by the State Board of
Education in the same manner as IDEA, PART B "flow through"
funding to local school districts, joint agreements, and
special education cooperatives for the maintenance of
instructional and related support services to students with
disabilities. However, beginning with Fiscal Year 1998, the
total IDEA Part B discretionary funds available to the State
Board of Education shall not exceed the maximum permissible
under federal law or 20% of the total federal funds available
to the State, whichever is less. After all room and board

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

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

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

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

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

HB4049 Enrolled - 753 - LRB099 03667 KTG 23678 b
date of written parental consent. In those instances when
written parental consent is obtained with fewer than 60 pupil
attendance days left in the school year, the eligibility
determination shall be made and the IEP meeting shall be
completed prior to the first day of the following school year.
Special education and related services must be provided in
accordance with the student's IEP no later than 10 school
attendance days after notice is provided to the parents
pursuant to Section 300.503 of Title 34 of the Code of Federal
Regulations and implementing rules adopted by the State Board
of Education. The appropriate program pursuant to the
individualized educational program of students whose native
tongue is a language other than English shall reflect the
special education, cultural and linguistic needs. No later than
September 1, 1993, the State Board of Education shall establish
standards for the development, implementation and monitoring
of appropriate bilingual special individualized educational
programs. The State Board of Education shall further
incorporate appropriate monitoring procedures to verify
implementation of these standards. The district shall indicate
to the parent and the State Board of Education the nature of
the services the child will receive for the regular school term
while waiting placement in the appropriate special education
class.
If the child is deaf, hard of hearing, blind, or visually
impaired and he or she might be eligible to receive services

HB4049 Enrolled - 754 - LRB099 03667 KTG 23678 b
from the Illinois School for the Deaf or the Illinois School
for the Visually Impaired, the school district shall notify the
parents, in writing, of the existence of these schools and the
services they provide and shall make a reasonable effort to
inform the parents of the existence of other, local schools
that provide similar services and the services that these other
schools provide. This notification shall include without
limitation information on school services, school admissions
criteria, and school contact information.
In the development of the individualized education program
for a student who has a disability on the autism spectrum
(which includes autistic disorder, Asperger's disorder,
pervasive developmental disorder not otherwise specified,
childhood disintegrative disorder, and Rett Syndrome, as
defined in the Diagnostic and Statistical Manual of Mental
Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
consider all of the following factors:
(1) The verbal and nonverbal communication needs of the
child.
(2) The need to develop social interaction skills and
proficiencies.
(3) The needs resulting from the child's unusual
responses to sensory experiences.
(4) The needs resulting from resistance to
environmental change or change in daily routines.
(5) The needs resulting from engagement in repetitive

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

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

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

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

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

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

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Student Records Act. The visitor shall not disrupt the
educational process.
(1) A parent must be afforded reasonable access of
sufficient duration and scope for the purpose of observing
his or her child in the child's current educational
placement, services, or program or for the purpose of
visiting an educational placement or program proposed for
the child.
(2) An independent educational evaluator or a
qualified professional retained by or on behalf of a parent
or child must be afforded reasonable access of sufficient
duration and scope for the purpose of conducting an
evaluation of the child, the child's performance, the
child's current educational program, placement, services,
or environment, or any educational program, placement,
services, or environment proposed for the child, including
interviews of educational personnel, child observations,
assessments, tests or assessments of the child's
educational program, services, or placement or of any
proposed educational program, services, or placement. If
one or more interviews of school personnel are part of the
evaluation, the interviews must be conducted at a mutually
agreed upon time, date, and place that do not interfere
with the school employee's school duties. The school
district may limit interviews to personnel having
information relevant to the child's current educational

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

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

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

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

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

HB4049 Enrolled - 767 - LRB099 03667 KTG 23678 b
be made with funds not necessary for the completion of approved
and recommended projects contained in any safety survey report
or amendments thereto authorized by Section 2-3.12 of this Act;
the district may levy a tax or issue bonds as provided in
subsection (a) of this Section.
(c) Whenever any such district determines that it is
necessary for disabled accessibility purposes and to comply
with the school building code that any school building or
equipment should be altered or reconstructed and that such
alterations or reconstruction will be made with funds not
necessary for the completion of approved and recommended
projects contained in any safety survey report or amendments
thereto authorized under Section 2-3.12 of this Act, the
district may levy a tax or issue bonds as provided in
subsection (a) of this Section.
(d) Whenever any such district determines that it is
necessary for school security purposes and the related
protection and safety of pupils and school personnel that any
school building or property should be altered or reconstructed
or that security systems and equipment (including but not
limited to intercom, early detection and warning, access
control and television monitoring systems) should be purchased
and installed, and that such alterations, reconstruction or
purchase and installation of equipment will be made with funds
not necessary for the completion of approved and recommended
projects contained in any safety survey report or amendment

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

HB4049 Enrolled - 769 - LRB099 03667 KTG 23678 b
portions of a building when it is determined that the
effectuation of the recommendations for the existing building
will cost more than the replacement costs. Such determination
shall be based on a comparison of estimated costs made by an
architect or engineer licensed in the State of Illinois. The
new building or addition shall be equivalent in area (square
feet) and comparable in purpose and grades served and may be on
the same site or another site. Such replacement may only be
done upon order of the regional superintendent of schools and
the approval of the State Superintendent of Education.
(g) The filing of a certified copy of the resolution
levying the tax when accompanied by the certificates of the
regional superintendent of schools and State Superintendent of
Education shall be the authority of the county clerk to extend
such tax.
(h) The county clerk of the county in which any school
district levying a tax under the authority of this Section is
located, in reducing raised levies, shall not consider any such
tax as a part of the general levy for school purposes and shall
not include the same in the limitation of any other tax rate
which may be extended.
Such tax shall be levied and collected in like manner as
all other taxes of school districts, subject to the provisions
contained in this Section.
(i) The tax rate limit specified in this Section may be
increased to .10% upon the approval of a proposition to effect

HB4049 Enrolled - 770 - LRB099 03667 KTG 23678 b
such increase by a majority of the electors voting on that
proposition at a regular scheduled election. Such proposition
may be initiated by resolution of the school board and shall be
certified by the secretary to the proper election authorities
for submission in accordance with the general election law.
(j) When taxes are levied by any school district for fire
prevention, safety, energy conservation, and school security
purposes as specified in this Section, and the purposes for
which the taxes have been levied are accomplished and paid in
full, and there remain funds on hand in the Fire Prevention and
Safety Fund from the proceeds of the taxes levied, including
interest earnings thereon, the school board by resolution shall
use such excess and other board restricted funds, excluding
bond proceeds and earnings from such proceeds, as follows:
(1) for other authorized fire prevention, safety,
energy conservation, and school security purposes and for
required safety inspections; or
(2) for transfer to the Operations and Maintenance Fund
for the purpose of abating an equal amount of operations
and maintenance purposes taxes.
Notwithstanding subdivision (2) of this subsection (j) and
subsection (k) of this Section, through June 30, 2016, the
school board may, by proper resolution following a public
hearing set by the school board or the president of the school
board (that is preceded (i) by at least one published notice
over the name of the clerk or secretary of the board, occurring

HB4049 Enrolled - 771 - LRB099 03667 KTG 23678 b
at least 7 days and not more than 30 days prior to the hearing,
in a newspaper of general circulation within the school
district and (ii) by posted notice over the name of the clerk
or secretary of the board, at least 48 hours before the
hearing, at the principal office of the school board or at the
building where the hearing is to be held if a principal office
does not exist, with both notices setting forth the time, date,
place, and subject matter of the hearing), transfer surplus
life safety taxes and interest earnings thereon to the
Operations and Maintenance Fund for building repair work.
(k) If any transfer is made to the Operation and
Maintenance Fund, the secretary of the school board shall
within 30 days notify the county clerk of the amount of that
transfer and direct the clerk to abate the taxes to be extended
for the purposes of operations and maintenance authorized under
Section 17-2 of this Act by an amount equal to such transfer.
(l) If the proceeds from the tax levy authorized by this
Section are insufficient to complete the work approved under
this Section, the school board is authorized to sell bonds
without referendum under the provisions of this Section in an
amount that, when added to the proceeds of the tax levy
authorized by this Section, will allow completion of the
approved work.
(m) Any bonds issued pursuant to this Section shall bear
interest at a rate not to exceed the maximum rate authorized by
law at the time of the making of the contract, shall mature

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

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

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

HB4049 Enrolled - 775 - LRB099 03667 KTG 23678 b
valuation by the debt limitation percentage in effect on
January 1, 1979, previous to the incurring of such
indebtedness.
No partial elementary unit district, as defined in Article
11E of this Code, shall become indebted in any manner or for
any purpose in an amount, including existing indebtedness, in
the aggregate exceeding 6.9% of the value of the taxable
property of the entire district, to be ascertained by the last
assessment for State and county taxes, plus an amount,
including existing indebtedness, in the aggregate exceeding
6.9% of the value of the taxable property of that portion of
the district included in the elementary and high school
classification, to be ascertained by the last assessment for
State and county taxes. Moreover, no partial elementary unit
district, as defined in Article 11E of this Code, shall become
indebted on account of bonds issued by the district for high
school purposes in the aggregate exceeding 6.9% of the value of
the taxable property of the entire district, to be ascertained
by the last assessment for State and county taxes, nor shall
the district become indebted on account of bonds issued by the
district for elementary purposes in the aggregate exceeding
6.9% of the value of the taxable property for that portion of
the district included in the elementary and high school
classification, to be ascertained by the last assessment for
State and county taxes.
Notwithstanding the provisions of any other law to the

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

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

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

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

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

HB4049 Enrolled - 781 - LRB099 03667 KTG 23678 b
statutory limitation as to indebtedness:
(1) At the time of the sale of such bonds, the board of
education of the district shall have determined by
resolution that the enrollment of students in the district
is projected to increase by not less than 7% during each of
the next succeeding 2 school years.
(2) The board of education shall also determine by
resolution that the improvements to be financed with the
proceeds of the bonds are needed because of the projected
enrollment increases.
(3) The board of education shall also determine by
resolution that the projected increases in enrollment are
the result of improvements made or expected to be made to
passenger rail facilities located in the school district.
Notwithstanding the provisions of subsection (a) of this
Section or of any other law, a school district that has availed
itself of the provisions of this subsection (f) prior to July
22, 2004 (the effective date of Public Act 93-799) may also
issue bonds approved by referendum up to an amount, including
existing indebtedness, not exceeding 25% of the equalized
assessed value of the taxable property in the district if all
of the conditions set forth in items (1), (2), and (3) of this
subsection (f) are met.
(g) Notwithstanding the provisions of subsection (a) of
this Section or any other law, bonds in not to exceed an
aggregate amount of 25% of the equalized assessed value of the

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

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

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

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

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

HB4049 Enrolled - 787 - LRB099 03667 KTG 23678 b
(iv) the bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(m) Notwithstanding any other provisions of this Section or
the provisions of any other law, until January 1, 1999, an
elementary school district maintaining grades K through 8 may
issue bonds up to an amount, excluding existing indebtedness,
not exceeding 18% of the equalized assessed value of the
taxable property in the district, if all of the following
conditions are met:
(i) The school district has an equalized assessed
valuation for calendar year 1995 or less than $7,700,000;
(ii) The school district operates 2 elementary
attendance centers that until 1976 were operated as the
attendance centers of 2 separate and distinct school
districts;
(iii) The bonds are issued for the construction of a
new elementary school building to replace an existing
multi-level elementary school building of the school
district that is not handicapped accessible at all levels
and parts of which were constructed more than 75 years ago;
(iv) The voters of the school district approve a
proposition for the issuance of the bonds at a referendum
held after July 1, 1998; and
(v) The bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(n) Notwithstanding the debt limitation prescribed in

HB4049 Enrolled - 788 - LRB099 03667 KTG 23678 b
subsection (a) of this Section or any other provisions of this
Section or of any other law, a school district that meets all
of the criteria set forth in paragraphs (i) through (vi) of
this subsection (n) may incur additional indebtedness by the
issuance of bonds in an amount not exceeding the amount
certified by the Capital Development Board to the school
district as provided in paragraph (iii) of this subsection (n),
even though the amount of the additional indebtedness so
authorized, when incurred and added to the aggregate amount of
indebtedness of the district existing immediately prior to the
district incurring the additional indebtedness authorized by
this subsection (n), causes the aggregate indebtedness of the
district to exceed the debt limitation otherwise applicable by
law to that district:
(i) The school district applies to the State Board of
Education for a school construction project grant and
submits a district facilities plan in support of its
application pursuant to Section 5-20 of the School
Construction Law.
(ii) The school district's application and facilities
plan are approved by, and the district receives a grant
entitlement for a school construction project issued by,
the State Board of Education under the School Construction
Law.
(iii) The school district has exhausted its bonding
capacity or the unused bonding capacity of the district is

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

HB4049 Enrolled - 790 - LRB099 03667 KTG 23678 b
conditions are met:
(i) the school district has an equalized assessed
valuation for calendar year 2001 of at least $737,000,000
and an enrollment for the 2002-2003 school year of at least
8,500;
(ii) the bonds are issued to purchase school sites,
build and equip a new high school, build and equip a new
junior high school, build and equip 5 new elementary
schools, and make technology and other improvements and
additions to existing schools;
(iii) at the time of the sale of the bonds, the board
of education determines by resolution that the sites and
new or improved facilities are needed because of projected
enrollment increases;
(iv) at least 57% of those voting in a general election
held prior to January 1, 2003 approved a proposition for
the issuance of the bonds; and
(v) the bonds are issued pursuant to Sections 19-2
through 19-7 of this Code.
(p) Notwithstanding any other provisions of this Section or
the provisions of any other law, a community unit school
district maintaining grades K through 12 may issue bonds up to
an amount, including indebtedness, not exceeding 27% of the
equalized assessed value of the taxable property in the
district if all of the following conditions are met:
(i) The school district has an equalized assessed

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

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

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

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

HB4049 Enrolled - 795 - LRB099 03667 KTG 23678 b
(i) The voters of the district have approved a
proposition for the bond issue at the general primary
election held on March 21, 2006.
(ii) At the time of the sale of the bonds, the school
board determines, by resolution, that: (A) the building and
equipping of the new high school buildings, the altering,
repairing, and equipping of existing school buildings, and
the improvement of school sites, as the case may be, are
required as a result of a projected increase in the
enrollment of students in the district; and (B) the sale of
bonds for these purposes is authorized by legislation that
exempts the debt incurred on the bonds from the district's
statutory debt limitation.
(iii) The bonds are issued, in one or more bond issues,
on or before March 21, 2011, but the aggregate principal
amount issued in all such bond issues combined must not
exceed $225,000,000.
(iv) The bonds are issued in accordance with this
Article 19.
(v) The proceeds of the bonds are used only to
accomplish those projects approved by the voters at the
primary election held on March 21, 2006.
The debt incurred on any bonds issued under this subsection
(p-20) shall not be considered indebtedness for purposes of any
statutory debt limitation.
(p-25) In addition to all other authority to issue bonds,

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

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

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held in 2008.
The debt incurred on any bonds issued under this subsection
(p-30) shall not be considered indebtedness for purposes of any
statutory debt limitation.
(p-35) In addition to all other authority to issue bonds,
Prairie Hill Community Consolidated School District 133 may
issue bonds with an aggregate principal amount not to exceed
$13,900,000, but only if all of the following conditions are
met:
(i) The voters of the district approved a proposition
for the bond issuance at an election held on April 17,
2007.
(ii) At the time of the sale of the bonds, the school
board determines, by resolution, that (A) the improvement
of the site of and the building and equipping of a school
building are required as a result of a projected increase
in the enrollment of students in the district and (B) the
repairing and equipping of the Prairie Hill Elementary
School building is required because of the age of that
school building.
(iii) The bonds are issued, in one or more bond
issuances, on or before December 31, 2011, but the
aggregate principal amount issued in all such bond
issuances combined must not exceed $13,900,000.
(iv) The bonds are issued in accordance with this
Article.

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

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issuances combined must not exceed $55,000,000.
(4) The bonds are issued in accordance with this
Article.
(5) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at a regular
election held on or after November 4, 2008.
The debt incurred on any bonds issued under this subsection
(p-40) shall not be considered indebtedness for purposes of any
statutory debt limitation.
(p-45) Notwithstanding the provisions of subsection (a) of
this Section or of any other law, bonds issued pursuant to
Section 19-3.5 of this Code shall not be considered
indebtedness for purposes of any statutory limitation if the
bonds are issued in an amount or amounts, including existing
indebtedness of the school district, not in excess of 18.5% of
the value of the taxable property in the district to be
ascertained by the last assessment for State and county taxes.
(p-50) Notwithstanding the provisions of subsection (a) of
this Section or of any other law, bonds issued pursuant to
Section 19-3.10 of this Code shall not be considered
indebtedness for purposes of any statutory limitation if the
bonds are issued in an amount or amounts, including existing
indebtedness of the school district, not in excess of 43% of
the value of the taxable property in the district to be
ascertained by the last assessment for State and county taxes.
(p-55) In addition to all other authority to issue bonds,

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Belle Valley School District 119 may issue bonds with an
aggregate principal amount not to exceed $47,500,000, but only
if all of the following conditions are met:
(1) The voters of the district approve a proposition
for the bond issuance at an election held on or after April
7, 2009.
(2) Prior to the issuance of the bonds, the school
board determines, by resolution, that (i) the building and
equipping of a new school building is required as a result
of mine subsidence in an existing school building and
because of the age and condition of another existing school
building and (ii) the issuance of bonds is authorized by
statute that exempts the debt incurred on the bonds from
the district's statutory debt limitation.
(3) The bonds are issued, in one or more bond
issuances, on or before March 31, 2014, but the aggregate
principal amount issued in all such bond issuances combined
must not exceed $47,500,000.
(4) The bonds are issued in accordance with this
Article.
(5) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at an election
held on or after April 7, 2009.
The debt incurred on any bonds issued under this subsection
(p-55) shall not be considered indebtedness for purposes of any
statutory debt limitation. Bonds issued under this subsection

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(p-55) must mature within not to exceed 30 years from their
date, notwithstanding any other law to the contrary.
(p-60) In addition to all other authority to issue bonds,
Wilmington Community Unit School District Number 209-U may
issue bonds with an aggregate principal amount not to exceed
$2,285,000, but only if all of the following conditions are
met:
(1) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at the general
primary election held on March 21, 2006.
(2) Prior to the issuance of the bonds, the school
board determines, by resolution, that (i) the projects
approved by the voters were and are required because of the
age and condition of the school district's prior and
existing school buildings and (ii) the issuance of the
bonds is authorized by legislation that exempts the debt
incurred on the bonds from the district's statutory debt
limitation.
(3) The bonds are issued in one or more bond issuances
on or before March 1, 2011, but the aggregate principal
amount issued in all those bond issuances combined must not
exceed $2,285,000.
(4) The bonds are issued in accordance with this
Article.
The debt incurred on any bonds issued under this subsection
(p-60) shall not be considered indebtedness for purposes of any

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statutory debt limitation.
(p-65) In addition to all other authority to issue bonds,
West Washington County Community Unit School District 10 may
issue bonds with an aggregate principal amount not to exceed
$32,200,000 and maturing over a period not exceeding 25 years,
but only if all of the following conditions are met:
(1) The voters of the district approve a proposition
for the bond issuance at an election held on or after
February 2, 2010.
(2) Prior to the issuance of the bonds, the school
board determines, by resolution, that (A) all or a portion
of the existing Okawville Junior/Senior High School
Building will be demolished; (B) the building and equipping
of a new school building to be attached to and the
alteration, repair, and equipping of the remaining portion
of the Okawville Junior/Senior High School Building is
required because of the age and current condition of that
school building; and (C) the issuance of bonds is
authorized by a statute that exempts the debt incurred on
the bonds from the district's statutory debt limitation.
(3) The bonds are issued, in one or more bond
issuances, on or before March 31, 2014, but the aggregate
principal amount issued in all such bond issuances combined
must not exceed $32,200,000.
(4) The bonds are issued in accordance with this
Article.

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(5) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at an election
held on or after February 2, 2010.
The debt incurred on any bonds issued under this subsection
(p-65) shall not be considered indebtedness for purposes of any
statutory debt limitation.
(p-70) In addition to all other authority to issue bonds,
Cahokia Community Unit School District 187 may issue bonds with
an aggregate principal amount not to exceed $50,000,000, but
only if all the following conditions are met:
(1) The voters of the district approve a proposition
for the bond issuance at an election held on or after
November 2, 2010.
(2) Prior to the issuance of the bonds, the school
board determines, by resolution, that (i) the building and
equipping of a new school building is required as a result
of the age and condition of an existing school building and
(ii) the issuance of bonds is authorized by a statute that
exempts the debt incurred on the bonds from the district's
statutory debt limitation.
(3) The bonds are issued, in one or more issuances, on
or before July 1, 2016, but the aggregate principal amount
issued in all such bond issuances combined must not exceed
$50,000,000.
(4) The bonds are issued in accordance with this
Article.

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(5) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at an election
held on or after November 2, 2010.
The debt incurred on any bonds issued under this subsection
(p-70) shall not be considered indebtedness for purposes of any
statutory debt limitation. Bonds issued under this subsection
(p-70) must mature within not to exceed 25 years from their
date, notwithstanding any other law, including Section 19-3 of
this Code, to the contrary.
(p-75) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section or any other provisions of this
Section or of any other law, the execution of leases on or
after January 1, 2007 and before July 1, 2011 by the Board of
Education of Peoria School District 150 with a public building
commission for leases entered into pursuant to the Public
Building Commission Act shall not be considered indebtedness
for purposes of any statutory debt limitation.
This subsection (p-75) applies only if the State Board of
Education or the Capital Development Board makes one or more
grants to Peoria School District 150 pursuant to the School
Construction Law. The amount exempted from the debt limitation
as prescribed in this subsection (p-75) shall be no greater
than the amount of one or more grants awarded to Peoria School
District 150 by the State Board of Education or the Capital
Development Board.
(p-80) In addition to all other authority to issue bonds,

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Ridgeland School District 122 may issue bonds with an aggregate
principal amount not to exceed $50,000,000 for the purpose of
refunding or continuing to refund bonds originally issued
pursuant to voter approval at the general election held on
November 7, 2000, and the debt incurred on any bonds issued
under this subsection (p-80) shall not be considered
indebtedness for purposes of any statutory debt limitation.
Bonds issued under this subsection (p-80) may be issued in one
or more issuances and must mature within not to exceed 25 years
from their date, notwithstanding any other law, including
Section 19-3 of this Code, to the contrary.
(p-85) In addition to all other authority to issue bonds,
Hall High School District 502 may issue bonds with an aggregate
principal amount not to exceed $32,000,000, but only if all the
following conditions are met:
(1) The voters of the district approve a proposition
for the bond issuance at an election held on or after April
9, 2013.
(2) Prior to the issuance of the bonds, the school
board determines, by resolution, that (i) the building and
equipping of a new school building is required as a result
of the age and condition of an existing school building,
(ii) the existing school building should be demolished in
its entirety or the existing school building should be
demolished except for the 1914 west wing of the building,
and (iii) the issuance of bonds is authorized by a statute

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that exempts the debt incurred on the bonds from the
district's statutory debt limitation.
(3) The bonds are issued, in one or more issuances, not
later than 5 years after the date of the referendum
approving the issuance of the bonds, but the aggregate
principal amount issued in all such bond issuances combined
must not exceed $32,000,000.
(4) The bonds are issued in accordance with this
Article.
(5) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at an election
held on or after April 9, 2013.
The debt incurred on any bonds issued under this subsection
(p-85) shall not be considered indebtedness for purposes of any
statutory debt limitation. Bonds issued under this subsection
(p-85) must mature within not to exceed 30 years from their
date, notwithstanding any other law, including Section 19-3 of
this Code, to the contrary.
(p-90) In addition to all other authority to issue bonds,
Lebanon Community Unit School District 9 may issue bonds with
an aggregate principal amount not to exceed $7,500,000, but
only if all of the following conditions are met:
(1) The voters of the district approved a proposition
for the bond issuance at the general primary election on
February 2, 2010.
(2) At or prior to the time of the sale of the bonds,

HB4049 Enrolled - 808 - LRB099 03667 KTG 23678 b
the school board determines, by resolution, that (i) the
building and equipping of a new elementary school building
is required as a result of a projected increase in the
enrollment of students in the district and the age and
condition of the existing Lebanon Elementary School
building, (ii) a portion of the existing Lebanon Elementary
School building will be demolished and the remaining
portion will be altered, repaired, and equipped, and (iii)
the sale of bonds is authorized by a statute that exempts
the debt incurred on the bonds from the district's
statutory debt limitation.
(3) The bonds are issued, in one or more bond
issuances, on or before April 1, 2014, but the aggregate
principal amount issued in all such bond issuances combined
must not exceed $7,500,000.
(4) The bonds are issued in accordance with this
Article.
(5) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at the general
primary election held on February 2, 2010.
The debt incurred on any bonds issued under this subsection
(p-90) shall not be considered indebtedness for purposes of any
statutory debt limitation.
(p-95) In addition to all other authority to issue bonds,
Monticello Community Unit School District 25 may issue bonds
with an aggregate principal amount not to exceed $35,000,000,

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but only if all of the following conditions are met:
(1) The voters of the district approve a proposition
for the bond issuance at an election held on or after
November 4, 2014.
(2) Prior to the issuance of the bonds, the school
board determines, by resolution, that (i) the building and
equipping of a new school building is required as a result
of the age and condition of an existing school building and
(ii) the issuance of bonds is authorized by a statute that
exempts the debt incurred on the bonds from the district's
statutory debt limitation.
(3) The bonds are issued, in one or more issuances, on
or before July 1, 2020, but the aggregate principal amount
issued in all such bond issuances combined must not exceed
$35,000,000.
(4) The bonds are issued in accordance with this
Article.
(5) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at an election
held on or after November 4, 2014.
The debt incurred on any bonds issued under this subsection
(p-95) shall not be considered indebtedness for purposes of any
statutory debt limitation. Bonds issued under this subsection
(p-95) must mature within not to exceed 25 years from their
date, notwithstanding any other law, including Section 19-3 of
this Code, to the contrary.

HB4049 Enrolled - 810 - LRB099 03667 KTG 23678 b
(p-100) (p-95) In addition to all other authority to issue
bonds, the community unit school district created in the
territory comprising Milford Community Consolidated School
District 280 and Milford Township High School District 233, as
approved at the general primary election held on March 18,
2014, may issue bonds with an aggregate principal amount not to
exceed $17,500,000, but only if all the following conditions
are met:
(1) The voters of the district approve a proposition
for the bond issuance at an election held on or after
November 4, 2014.
(2) Prior to the issuance of the bonds, the school
board determines, by resolution, that (i) the building and
equipping of a new school building is required as a result
of the age and condition of an existing school building and
(ii) the issuance of bonds is authorized by a statute that
exempts the debt incurred on the bonds from the district's
statutory debt limitation.
(3) The bonds are issued, in one or more issuances, on
or before July 1, 2020, but the aggregate principal amount
issued in all such bond issuances combined must not exceed
$17,500,000.
(4) The bonds are issued in accordance with this
Article.
(5) The proceeds of the bonds are used to accomplish
only those projects approved by the voters at an election

HB4049 Enrolled - 811 - LRB099 03667 KTG 23678 b
held on or after November 4, 2014.
The debt incurred on any bonds issued under this subsection
(p-100) (p-95) shall not be considered indebtedness for
purposes of any statutory debt limitation. Bonds issued under
this subsection (p-100) (p-95) must mature within not to exceed
25 years from their date, notwithstanding any other law,
including Section 19-3 of this Code, to the contrary.
(q) A school district must notify the State Board of
Education prior to issuing any form of long-term or short-term
debt that will result in outstanding debt that exceeds 75% of
the debt limit specified in this Section or any other provision
of law.
(Source: P.A. 97-333, eff. 8-12-11; 97-834, eff. 7-20-12;
97-1146, eff. 1-18-13; 98-617, eff. 1-7-14; 98-912, eff.
8-15-14; 98-916, eff. 8-15-14; revised 10-1-14.)
(105 ILCS 5/21B-20)
Sec. 21B-20. Types of licenses. Before July 1, 2013, the
State Board of Education shall implement a system of educator
licensure, whereby individuals employed in school districts
who are required to be licensed must have one of the following
licenses: (i) a professional educator license; (ii) a
professional educator license with stipulations; or (iii) a
substitute teaching license. References in law regarding
individuals certified or certificated or required to be
certified or certificated under Article 21 of this Code shall

HB4049 Enrolled - 812 - LRB099 03667 KTG 23678 b
also include individuals licensed or required to be licensed
under this Article. The first year of all licenses ends on June
30 following one full year of the license being issued.
The State Board of Education, in consultation with the
State Educator Preparation and Licensure Board, may adopt such
rules as may be necessary to govern the requirements for
licenses and endorsements under this Section.
(1) Professional Educator License. Persons who (i)
have successfully completed an approved educator
preparation program and are recommended for licensure by
the Illinois institution offering the educator preparation
program, (ii) have successfully completed the required
testing under Section 21B-30 of this Code, (iii) have
successfully completed coursework on the psychology of,
the identification of, and the methods of instruction for
the exceptional child, including without limitation
children with learning disabilities the learning disabled,
(iv) have successfully completed coursework in methods of
reading and reading in the content area, and (v) have met
all other criteria established by rule of the State Board
of Education shall be issued a Professional Educator
License. All Professional Educator Licenses are valid
until June 30 immediately following 5 years of the license
being issued. The Professional Educator License shall be
endorsed with specific areas and grade levels in which the
individual is eligible to practice.

HB4049 Enrolled - 813 - LRB099 03667 KTG 23678 b
Individuals can receive subsequent endorsements on the
Professional Educator License. Subsequent endorsements
shall require a minimum of 24 semester hours of coursework
in the endorsement area, unless otherwise specified by
rule, and passage of the applicable content area test.
(2) Educator License with Stipulations. An Educator
License with Stipulations shall be issued an endorsement
that limits the license holder to one particular position
or does not require completion of an approved educator
program or both.
An individual with an Educator License with
Stipulations must not be employed by a school district or
any other entity to replace any presently employed teacher
who otherwise would not be replaced for any reason.
An Educator License with Stipulations may be issued
with the following endorsements:
(A) Provisional educator. A provisional educator
endorsement in a specific content area or areas on an
Educator License with Stipulations may be issued to an
applicant who holds an educator license with a minimum
of 15 semester hours in content coursework from another
state, U.S. territory, or foreign country and who, at
the time of applying for an Illinois license, does not
meet the minimum requirements under Section 21B-35 of
this Code, but does, at a minimum, meet both of the
following requirements:

HB4049 Enrolled - 814 - LRB099 03667 KTG 23678 b
(i) Holds the equivalent of a minimum of a
bachelor's degree, unless a master's degree is
required for the endorsement, from a regionally
accredited college or university or, for
individuals educated in a country other than the
United States, the equivalent of a minimum of a
bachelor's degree issued in the United States,
unless a master's degree is required for the
endorsement.
(ii) Has passed a test of basic skills and
content area test, as required by Section 21B-30 of
this Code.
However, a provisional educator endorsement for
principals may not be issued, nor may any person with a
provisional educator endorsement serve as a principal
in a public school in this State. In addition,
out-of-state applicants shall not receive a
provisional educator endorsement if the person
completed an alternative licensure program in another
state, unless the program has been determined to be
equivalent to Illinois program requirements.
Notwithstanding any other requirements of this
Section, a service member or spouse of a service member
may obtain a Professional Educator License with
Stipulations, and a provisional educator endorsement
in a specific content area or areas, if he or she holds

HB4049 Enrolled - 815 - LRB099 03667 KTG 23678 b
a valid teaching certificate or license in good
standing from another state, meets the qualifications
of educators outlined in Section 21B-15 of this Code,
and has not engaged in any misconduct that would
prohibit an individual from obtaining a license
pursuant to Illinois law, including without limitation
any administrative rules of the State Board of
Education; however, the service member or spouse may
not serve as a principal under the Professional
Educator License with Stipulations or provisional
educator endorsement.
In this Section, "service member" means any person
who, at the time of application under this Section, is
an active duty member of the United States Armed Forces
or any reserve component of the United States Armed
Forces or the National Guard of any state,
commonwealth, or territory of the United States or the
District of Columbia.
A provisional educator endorsement is valid until
June 30 immediately following 2 years of the license
being issued, during which time any remaining testing
and coursework deficiencies must be met. Failure to
satisfy all stated deficiencies shall mean the
individual, including any service member or spouse who
has obtained a Professional Educator License with
Stipulations and a provisional educator endorsement in

HB4049 Enrolled - 816 - LRB099 03667 KTG 23678 b
a specific content area or areas, is ineligible to
receive a Professional Educator License at that time. A
provisional educator endorsement on an Educator
License with Stipulations shall not be renewed.
(B) Alternative provisional educator. An
alternative provisional educator endorsement on an
Educator License with Stipulations may be issued to an
applicant who, at the time of applying for the
endorsement, has done all of the following:
(i) Graduated from a regionally accredited
college or university with a minimum of a
bachelor's degree.
(ii) Successfully completed the first phase of
the Alternative Educator Licensure Program for
Teachers, as described in Section 21B-50 of this
Code.
(iii) Passed a test of basic skills and content
area test, as required under Section 21B-30 of this
Code.
The alternative provisional educator endorsement
is valid for 2 years of teaching and may be renewed for
a third year by an individual meeting the requirements
set forth in Section 21B-50 of this Code.
(C) Alternative provisional superintendent. An
alternative provisional superintendent endorsement on
an Educator License with Stipulations entitles the

HB4049 Enrolled - 817 - LRB099 03667 KTG 23678 b
holder to serve only as a superintendent or assistant
superintendent in a school district's central office.
This endorsement may only be issued to an applicant
who, at the time of applying for the endorsement, has
done all of the following:
(i) Graduated from a regionally accredited
college or university with a minimum of a master's
degree in a management field other than education.
(ii) Been employed for a period of at least 5
years in a management level position in a field
other than education.
(iii) Successfully completed the first phase
of an alternative route to superintendent
endorsement program, as provided in Section 21B-55
of this Code.
(iv) Passed a test of basic skills and content
area tests required under Section 21B-30 of this
Code.
The endorsement may be registered for 2 fiscal
years in order to complete one full year of serving as
a superintendent or assistant superintendent.
(D) Resident teacher endorsement. A resident
teacher endorsement on an Educator License with
Stipulations may be issued to an applicant who, at the
time of applying for the endorsement, has done all of
the following:

HB4049 Enrolled - 818 - LRB099 03667 KTG 23678 b
(i) Graduated from a regionally accredited
institution of higher education with a minimum of a
bachelor's degree.
(ii) Enrolled in an approved Illinois educator
preparation program.
(iii) Passed a test of basic skills and content
area test, as required under Section 21B-30 of this
Code.
The resident teacher endorsement on an Educator
License with Stipulations is valid for 4 years of
teaching and shall not be renewed.
A resident teacher may teach only under the
direction of a licensed teacher, who shall act as the
resident mentor teacher, and may not teach in place of
a licensed teacher. A resident teacher endorsement on
an Educator License with Stipulations shall no longer
be valid after June 30, 2017.
(E) Career and technical educator. A career and
technical educator endorsement on an Educator License
with Stipulations may be issued to an applicant who has
a minimum of 60 semester hours of coursework from a
regionally accredited institution of higher education
and has a minimum of 2,000 hours of experience in the
last 10 years outside of education in each area to be
taught.
The career and technical educator endorsement on

HB4049 Enrolled - 819 - LRB099 03667 KTG 23678 b
an Educator License with Stipulations is valid until
June 30 immediately following 5 years of the
endorsement being issued and may be renewed if the
individual passes a test of basic skills, as required
under Section 21B-30 of this Code.
(F) Part-time provisional career and technical
educator or provisional career and technical educator.
A part-time provisional career and technical educator
endorsement or a provisional career and technical
educator endorsement on an Educator License with
Stipulations may be issued to an applicant who has a
minimum of 8,000 hours of work experience in the skill
for which the applicant is seeking the endorsement. It
is the responsibility of each employing school board
and regional office of education to provide
verification, in writing, to the State Superintendent
of Education at the time the application is submitted
that no qualified teacher holding a Professional
Educator License or an Educator License with
Stipulations with a career and technical educator
endorsement is available and that actual circumstances
require such issuance.
The provisional career and technical educator
endorsement on an Educator License with Stipulations
is valid until June 30 immediately following 5 years of
the endorsement being issued and may be renewed only

HB4049 Enrolled - 820 - LRB099 03667 KTG 23678 b
one time for 5 years if the individual passes a test of
basic skills, as required under Section 21B-30 of this
Code, and has completed a minimum of 20 semester hours
from a regionally accredited institution.
A part-time provisional career and technical
educator endorsement on an Educator License with
Stipulations may be issued for teaching no more than 2
courses of study for grades 6 through 12. The part-time
provisional career and technical educator endorsement
on an Educator License with Stipulations is valid until
June 30 immediately following 5 years of the
endorsement being issued and may be renewed for 5 years
if the individual makes application for renewal.
(G) Transitional bilingual educator. A
transitional bilingual educator endorsement on an
Educator License with Stipulations may be issued for
the purpose of providing instruction in accordance
with Article 14C of this Code to an applicant who
provides satisfactory evidence that he or she meets all
of the following requirements:
(i) Possesses adequate speaking, reading, and
writing ability in the language other than English
in which transitional bilingual education is
offered.
(ii) Has the ability to successfully
communicate in English.

HB4049 Enrolled - 821 - LRB099 03667 KTG 23678 b
(iii) Either possessed, within 5 years
previous to his or her applying for a transitional
bilingual educator endorsement, a valid and
comparable teaching certificate or comparable
authorization issued by a foreign country or holds
a degree from an institution of higher learning in
a foreign country that the State Educator
Preparation and Licensure Board determines to be
the equivalent of a bachelor's degree from a
regionally accredited institution of higher
learning in the United States.
A transitional bilingual educator endorsement
shall be valid for prekindergarten through grade 12, is
valid until June 30 immediately following 5 years of
the endorsement being issued, and shall not be renewed.
Persons holding a transitional bilingual educator
endorsement shall not be employed to replace any
presently employed teacher who otherwise would not be
replaced for any reason.
(H) Language endorsement. In an effort to
alleviate the shortage of teachers speaking a language
other than English in the public schools, an individual
who holds an Educator License with Stipulations may
also apply for a language endorsement, provided that
the applicant provides satisfactory evidence that he
or she meets all of the following requirements:

HB4049 Enrolled - 822 - LRB099 03667 KTG 23678 b
(i) Holds a transitional bilingual
endorsement.
(ii) Has demonstrated proficiency in the
language for which the endorsement is to be issued
by passing the applicable language content test
required by the State Board of Education.
(iii) Holds a bachelor's degree or higher from
a regionally accredited institution of higher
education or, for individuals educated in a
country other than the United States, holds a
degree from an institution of higher learning in a
foreign country that the State Educator
Preparation and Licensure Board determines to be
the equivalent of a bachelor's degree from a
regionally accredited institution of higher
learning in the United States.
(iv) Has passed a test of basic skills, as
required under Section 21B-30 of this Code.
A language endorsement on an Educator License with
Stipulations is valid for prekindergarten through
grade 12 for the same validity period as the
individual's transitional bilingual educator
endorsement on the Educator License with Stipulations
and shall not be renewed.
(I) Visiting international educator. A visiting
international educator endorsement on an Educator

HB4049 Enrolled - 823 - LRB099 03667 KTG 23678 b
License with Stipulations may be issued to an
individual who is being recruited by a particular
school district that conducts formal recruitment
programs outside of the United States to secure the
services of qualified teachers and who meets all of the
following requirements:
(i) Holds the equivalent of a minimum of a
bachelor's degree issued in the United States.
(ii) Has been prepared as a teacher at the
grade level for which he or she will be employed.
(iii) Has adequate content knowledge in the
subject to be taught.
(iv) Has an adequate command of the English
language.
A holder of a visiting international educator
endorsement on an Educator License with Stipulations
shall be permitted to teach in bilingual education
programs in the language that was the medium of
instruction in his or her teacher preparation program,
provided that he or she passes the English Language
Proficiency Examination or another test of writing
skills in English identified by the State Board of
Education, in consultation with the State Educator
Preparation and Licensure Board.
A visiting international educator endorsement on
an Educator License with Stipulations is valid for 3

HB4049 Enrolled - 824 - LRB099 03667 KTG 23678 b
years and shall not be renewed.
(J) Paraprofessional educator. A paraprofessional
educator endorsement on an Educator License with
Stipulations may be issued to an applicant who holds a
high school diploma or its recognized equivalent and
either holds an associate's degree or a minimum of 60
semester hours of credit from a regionally accredited
institution of higher education or has passed a test of
basic skills required under Section 21B-30 of this
Code. The paraprofessional educator endorsement is
valid until June 30 immediately following 5 years of
the endorsement being issued and may be renewed through
application and payment of the appropriate fee, as
required under Section 21B-40 of this Code. An
individual who holds only a paraprofessional educator
endorsement is not subject to additional requirements
in order to renew the endorsement.
(3) Substitute Teaching License. A Substitute Teaching
License may be issued to qualified applicants for
substitute teaching in all grades of the public schools,
prekindergarten through grade 12. Substitute Teaching
Licenses are not eligible for endorsements. Applicants for
a Substitute Teaching License must hold a bachelor's degree
or higher from a regionally accredited institution of
higher education.
Substitute Teaching Licenses are valid for 5 years and

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may be renewed if the individual has passed a test of basic
skills, as authorized under Section 21B-30 of this Code. An
individual who has passed a test of basic skills for the
first licensure renewal is not required to retake the test
again for further renewals.
Substitute Teaching Licenses are valid for substitute
teaching in every county of this State. If an individual
has had his or her Professional Educator License or
Educator License with Stipulations suspended or revoked or
has not met the renewal requirements for licensure, then
that individual is not eligible to obtain a Substitute
Teaching License.
A substitute teacher may only teach in the place of a
licensed teacher who is under contract with the employing
board. If, however, there is no licensed teacher under
contract because of an emergency situation, then a district
may employ a substitute teacher for no longer than 30
calendar days per each vacant position in the district if
the district notifies the appropriate regional office of
education within 5 business days after the employment of
the substitute teacher in the emergency situation. An
emergency situation is one in which an unforeseen vacancy
has occurred and (i) a teacher is unable to fulfill his or
her contractual duties or (ii) teacher capacity needs of
the district exceed previous indications, and the district
is actively engaged in advertising to hire a fully licensed

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teacher for the vacant position.
There is no limit on the number of days that a
substitute teacher may teach in a single school district,
provided that no substitute teacher may teach for longer
than 90 school days for any one licensed teacher under
contract in the same school year. A substitute teacher who
holds a Professional Educator License or Educator License
with Stipulations shall not teach for more than 120 school
days for any one licensed teacher under contract in the
same school year. The limitations in this paragraph (3) on
the number of days a substitute teacher may be employed do
not apply to any school district operating under Article 34
of this Code.
(Source: P.A. 97-607, eff. 8-26-11; 97-710, eff. 1-1-13; 98-28,
eff. 7-1-13; 98-751, eff. 1-1-15.)
(105 ILCS 5/30-14.2) (from Ch. 122, par. 30-14.2)
Sec. 30-14.2. MIA/POW scholarships.
(a) Any spouse, natural child, legally adopted child, or
any step-child of an eligible veteran or serviceperson who
possesses all necessary entrance requirements shall, upon
application and proper proof, be awarded a MIA/POW Scholarship
consisting of the equivalent of 4 calendar years of full-time
enrollment including summer terms, to the state supported
Illinois institution of higher learning of his choice, subject
to the restrictions listed below.

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"Eligible veteran or serviceperson" means any veteran or
serviceperson, including an Illinois National Guard member who
is on active duty or is active on a training assignment, who
has been declared by the U.S. Department of Defense or the U.S.
Department of Veterans' Affairs to be a prisoner of war, be
missing in action, have died as the result of a
service-connected disability or have become a person with a
permanent disability be permanently disabled from
service-connected causes with 100% disability and who (i) at
the time of entering service was an Illinois resident, (ii) was
an Illinois resident within 6 months after entering such
service, or (iii) until July 1, 2014, became an Illinois
resident within 6 months after leaving the service and can
establish at least 30 years of continuous residency in the
State of Illinois.
Full-time enrollment means 12 or more semester hours of
courses per semester, or 12 or more quarter hours of courses
per quarter, or the equivalent thereof per term. Scholarships
utilized by dependents enrolled in less than full-time study
shall be computed in the proportion which the number of hours
so carried bears to full-time enrollment.
Scholarships awarded under this Section may be used by a
spouse or child without regard to his or her age. The holder of
a Scholarship awarded under this Section shall be subject to
all examinations and academic standards, including the
maintenance of minimum grade levels, that are applicable

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generally to other enrolled students at the Illinois
institution of higher learning where the Scholarship is being
used. If the surviving spouse remarries or if there is a
divorce between the veteran or serviceperson and his or her
spouse while the dependent is pursuing his or her course of
study, Scholarship benefits will be terminated at the end of
the term for which he or she is presently enrolled. Such
dependents shall also be entitled, upon proper proof and
application, to enroll in any extension course offered by a
State supported Illinois institution of higher learning
without payment of tuition and approved fees.
The holder of a MIA/POW Scholarship authorized under this
Section shall not be required to pay any matriculation or
application fees, tuition, activities fees, graduation fees or
other fees, except multipurpose building fees or similar fees
for supplies and materials.
Any dependent who has been or shall be awarded a MIA/POW
Scholarship shall be reimbursed by the appropriate institution
of higher learning for any fees which he or she has paid and
for which exemption is granted under this Section if
application for reimbursement is made within 2 months following
the end of the school term for which the fees were paid.
(b) In lieu of the benefit provided in subsection (a), any
spouse, natural child, legally adopted child, or step-child of
an eligible veteran or serviceperson, which spouse or child has
a physical, mental or developmental disability, shall be

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entitled to receive, upon application and proper proof, a
benefit to be used for the purpose of defraying the cost of the
attendance or treatment of such spouse or child at one or more
appropriate therapeutic, rehabilitative or educational
facilities. The application and proof may be made by the parent
or legal guardian of the spouse or child on his or her behalf.
The total benefit provided to any beneficiary under this
subsection shall not exceed the cost equivalent of 4 calendar
years of full-time enrollment, including summer terms, at the
University of Illinois. Whenever practicable in the opinion of
the Department of Veterans' Affairs, payment of benefits under
this subsection shall be made directly to the facility, the
cost of attendance or treatment at which is being defrayed, as
such costs accrue.
(c) The benefits of this Section shall be administered by
and paid for out of funds made available to the Illinois
Department of Veterans' Affairs. The amounts that become due to
any state supported Illinois institution of higher learning
shall be payable by the Comptroller to such institution on
vouchers approved by the Illinois Department of Veterans'
Affairs. The amounts that become due under subsection (b) of
this Section shall be payable by warrant upon vouchers issued
by the Illinois Department of Veterans' Affairs and approved by
the Comptroller. The Illinois Department of Veterans' Affairs
shall determine the eligibility of the persons who make
application for the benefits provided for in this Section.

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(Source: P.A. 96-1415, eff. 7-30-10; revised 12-1-14.)
(105 ILCS 5/34-2.4) (from Ch. 122, par. 34-2.4)
Sec. 34-2.4. School improvement plan. A 3 year local school
improvement plan shall be developed and implemented at each
attendance center. This plan shall reflect the overriding
purpose of the attendance center to improve educational
quality. The local school principal shall develop a school
improvement plan in consultation with the local school council,
all categories of school staff, parents and community
residents. Once the plan is developed, reviewed by the
professional personnel leadership committee, and approved by
the local school council, the principal shall be responsible
for directing implementation of the plan, and the local school
council shall monitor its implementation. After the
termination of the initial 3 year plan, a new 3 year plan shall
be developed and modified as appropriate on an annual basis.
The school improvement plan shall be designed to achieve
priority goals including but not limited to:
(a) assuring that students show significant progress
toward meeting and exceeding State performance standards
in State mandated learning areas, including the mastery of
higher order thinking skills in these areas;
(b) assuring that students attend school regularly and
graduate from school at such rates that the district
average equals or surpasses national norms;

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(c) assuring that students are adequately prepared for
and aided in making a successful transition to further
education and life experience;
(d) assuring that students are adequately prepared for
and aided in making a successful transition to employment;
and
(e) assuring that students are, to the maximum extent
possible, provided with a common learning experience that
is of high academic quality and that reflects high
expectations for all students' capacities to learn.
With respect to these priority goals, the school
improvement plan shall include but not be limited to the
following:
(a) an analysis of data collected in the attendance
center and community indicating the specific strengths and
weaknesses of the attendance center in light of the goals
specified above, including data and analysis specified by
the State Board of Education pertaining to specific
measurable outcomes for student performance, the
attendance centers, and their instructional programs;
(b) a description of specific annual objectives the
attendance center will pursue in achieving the goals
specified above;
(c) a description of the specific activities the
attendance center will undertake to achieve its
objectives;

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(d) an analysis of the attendance center's staffing
pattern and material resources, and an explanation of how
the attendance center's planned staffing pattern, the
deployment of staff, and the use of material resources
furthers the objectives of the plan;
(e) a description of the key assumptions and directions
of the school's curriculum and the academic and
non-academic programs of the attendance center, and an
explanation of how this curriculum and these programs
further the goals and objectives of the plan;
(f) a description of the steps that will be taken to
enhance educational opportunities for all students,
regardless of gender, including limited English proficient
students, students with disabilities disabled students,
low-income students and minority students;
(g) a description of any steps which may be taken by
the attendance center to educate parents as to how they can
assist children at home in preparing their children to
learn effectively;
(h) a description of the steps the attendance center
will take to coordinate its efforts with, and to gain the
participation and support of, community residents,
business organizations, and other local institutions and
individuals;
(i) a description of any staff development program for
all school staff and volunteers tied to the priority goals,

HB4049 Enrolled - 833 - LRB099 03667 KTG 23678 b
objectives, and activities specified in the plan;
(j) a description of the steps the local school council
will undertake to monitor implementation of the plan on an
ongoing basis;
(k) a description of the steps the attendance center
will take to ensure that teachers have working conditions
that provide a professional environment conducive to
fulfilling their responsibilities;
(l) a description of the steps the attendance center
will take to ensure teachers the time and opportunity to
incorporate new ideas and techniques, both in subject
matter and teaching skills, into their own work;
(m) a description of the steps the attendance center
will take to encourage pride and positive identification
with the attendance center through various athletic
activities; and
(n) a description of the student need for and provision
of services to special populations, beyond the standard
school programs provided for students in grades K through
12 and those enumerated in the categorical programs cited
in item d of part 4 of Section 34-2.3, including financial
costs of providing same and a timeline for implementing the
necessary services, including but not limited, when
applicable, to ensuring the provisions of educational
services to all eligible children aged 4 years for the
1990-91 school year and thereafter, reducing class size to

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State averages in grades K-3 for the 1991-92 school year
and thereafter and in all grades for the 1993-94 school
year and thereafter, and providing sufficient staff and
facility resources for students not served in the regular
classroom setting.
Based on the analysis of data collected indicating specific
strengths and weaknesses of the attendance center, the school
improvement plan may place greater emphasis from year to year
on particular priority goals, objectives, and activities.
(Source: P.A. 93-48, eff. 7-1-03.)
(105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
Sec. 34-18. Powers of the board. The board shall exercise
general supervision and jurisdiction over the public education
and the public school system of the city, and, except as
otherwise provided by this Article, shall have power:
1. To make suitable provision for the establishment and
maintenance throughout the year or for such portion thereof
as it may direct, not less than 9 months, of schools of all
grades and kinds, including normal schools, high schools,
night schools, schools for defectives and delinquents,
parental and truant schools, schools for the blind, the
deaf and persons with physical disabilities the physically
disabled, schools or classes in manual training,
constructural and vocational teaching, domestic arts and
physical culture, vocation and extension schools and

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lecture courses, and all other educational courses and
facilities, including establishing, equipping, maintaining
and operating playgrounds and recreational programs, when
such programs are conducted in, adjacent to, or connected
with any public school under the general supervision and
jurisdiction of the board; provided that the calendar for
the school term and any changes must be submitted to and
approved by the State Board of Education before the
calendar or changes may take effect, and provided that in
allocating funds from year to year for the operation of all
attendance centers within the district, the board shall
ensure that supplemental general State aid funds are
allocated and applied in accordance with Section 18-8 or
18-8.05. To admit to such schools without charge foreign
exchange students who are participants in an organized
exchange student program which is authorized by the board.
The board shall permit all students to enroll in
apprenticeship programs in trade schools operated by the
board, whether those programs are union-sponsored or not.
No student shall be refused admission into or be excluded
from any course of instruction offered in the common
schools by reason of that student's sex. No student shall
be denied equal access to physical education and
interscholastic athletic programs supported from school
district funds or denied participation in comparable
physical education and athletic programs solely by reason

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of the student's sex. Equal access to programs supported
from school district funds and comparable programs will be
defined in rules promulgated by the State Board of
Education in consultation with the Illinois High School
Association. Notwithstanding any other provision of this
Article, neither the board of education nor any local
school council or other school official shall recommend
that children with disabilities be placed into regular
education classrooms unless those children with
disabilities are provided with supplementary services to
assist them so that they benefit from the regular classroom
instruction and are included on the teacher's regular
education class register;
2. To furnish lunches to pupils, to make a reasonable
charge therefor, and to use school funds for the payment of
such expenses as the board may determine are necessary in
conducting the school lunch program;
3. To co-operate with the circuit court;
4. To make arrangements with the public or quasi-public
libraries and museums for the use of their facilities by
teachers and pupils of the public schools;
5. To employ dentists and prescribe their duties for
the purpose of treating the pupils in the schools, but
accepting such treatment shall be optional with parents or
guardians;
6. To grant the use of assembly halls and classrooms

HB4049 Enrolled - 837 - LRB099 03667 KTG 23678 b
when not otherwise needed, including light, heat, and
attendants, for free public lectures, concerts, and other
educational and social interests, free of charge, under
such provisions and control as the principal of the
affected attendance center may prescribe;
7. To apportion the pupils to the several schools;
provided that no pupil shall be excluded from or segregated
in any such school on account of his color, race, sex, or
nationality. The board shall take into consideration the
prevention of segregation and the elimination of
separation of children in public schools because of color,
race, sex, or nationality. Except that children may be
committed to or attend parental and social adjustment
schools established and maintained either for boys or girls
only. All records pertaining to the creation, alteration or
revision of attendance areas shall be open to the public.
Nothing herein shall limit the board's authority to
establish multi-area attendance centers or other student
assignment systems for desegregation purposes or
otherwise, and to apportion the pupils to the several
schools. Furthermore, beginning in school year 1994-95,
pursuant to a board plan adopted by October 1, 1993, the
board shall offer, commencing on a phased-in basis, the
opportunity for families within the school district to
apply for enrollment of their children in any attendance
center within the school district which does not have

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selective admission requirements approved by the board.
The appropriate geographical area in which such open
enrollment may be exercised shall be determined by the
board of education. Such children may be admitted to any
such attendance center on a space available basis after all
children residing within such attendance center's area
have been accommodated. If the number of applicants from
outside the attendance area exceed the space available,
then successful applicants shall be selected by lottery.
The board of education's open enrollment plan must include
provisions that allow low income students to have access to
transportation needed to exercise school choice. Open
enrollment shall be in compliance with the provisions of
the Consent Decree and Desegregation Plan cited in Section
34-1.01;
8. To approve programs and policies for providing
transportation services to students. Nothing herein shall
be construed to permit or empower the State Board of
Education to order, mandate, or require busing or other
transportation of pupils for the purpose of achieving
racial balance in any school;
9. Subject to the limitations in this Article, to
establish and approve system-wide curriculum objectives
and standards, including graduation standards, which
reflect the multi-cultural diversity in the city and are
consistent with State law, provided that for all purposes

HB4049 Enrolled - 839 - LRB099 03667 KTG 23678 b
of this Article courses or proficiency in American Sign
Language shall be deemed to constitute courses or
proficiency in a foreign language; and to employ principals
and teachers, appointed as provided in this Article, and
fix their compensation. The board shall prepare such
reports related to minimal competency testing as may be
requested by the State Board of Education, and in addition
shall monitor and approve special education and bilingual
education programs and policies within the district to
assure that appropriate services are provided in
accordance with applicable State and federal laws to
children requiring services and education in those areas;
10. To employ non-teaching personnel or utilize
volunteer personnel for: (i) non-teaching duties not
requiring instructional judgment or evaluation of pupils,
including library duties; and (ii) supervising study
halls, long distance teaching reception areas used
incident to instructional programs transmitted by
electronic media such as computers, video, and audio,
detention and discipline areas, and school-sponsored
extracurricular activities. The board may further utilize
volunteer non-certificated personnel or employ
non-certificated personnel to assist in the instruction of
pupils under the immediate supervision of a teacher holding
a valid certificate, directly engaged in teaching subject
matter or conducting activities; provided that the teacher

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shall be continuously aware of the non-certificated
persons' activities and shall be able to control or modify
them. The general superintendent shall determine
qualifications of such personnel and shall prescribe rules
for determining the duties and activities to be assigned to
such personnel;
10.5. To utilize volunteer personnel from a regional
School Crisis Assistance Team (S.C.A.T.), created as part
of the Safe to Learn Program established pursuant to
Section 25 of the Illinois Violence Prevention Act of 1995,
to provide assistance to schools in times of violence or
other traumatic incidents within a school community by
providing crisis intervention services to lessen the
effects of emotional trauma on individuals and the
community; the School Crisis Assistance Team Steering
Committee shall determine the qualifications for
volunteers;
11. To provide television studio facilities in not to
exceed one school building and to provide programs for
educational purposes, provided, however, that the board
shall not construct, acquire, operate, or maintain a
television transmitter; to grant the use of its studio
facilities to a licensed television station located in the
school district; and to maintain and operate not to exceed
one school radio transmitting station and provide programs
for educational purposes;

HB4049 Enrolled - 841 - LRB099 03667 KTG 23678 b
12. To offer, if deemed appropriate, outdoor education
courses, including field trips within the State of
Illinois, or adjacent states, and to use school educational
funds for the expense of the said outdoor educational
programs, whether within the school district or not;
13. During that period of the calendar year not
embraced within the regular school term, to provide and
conduct courses in subject matters normally embraced in the
program of the schools during the regular school term and
to give regular school credit for satisfactory completion
by the student of such courses as may be approved for
credit by the State Board of Education;
14. To insure against any loss or liability of the
board, the former School Board Nominating Commission,
Local School Councils, the Chicago Schools Academic
Accountability Council, or the former Subdistrict Councils
or of any member, officer, agent or employee thereof,
resulting from alleged violations of civil rights arising
from incidents occurring on or after September 5, 1967 or
from the wrongful or negligent act or omission of any such
person whether occurring within or without the school
premises, provided the officer, agent or employee was, at
the time of the alleged violation of civil rights or
wrongful act or omission, acting within the scope of his
employment or under direction of the board, the former
School Board Nominating Commission, the Chicago Schools

HB4049 Enrolled - 842 - LRB099 03667 KTG 23678 b
Academic Accountability Council, Local School Councils, or
the former Subdistrict Councils; and to provide for or
participate in insurance plans for its officers and
employees, including but not limited to retirement
annuities, medical, surgical and hospitalization benefits
in such types and amounts as may be determined by the
board; provided, however, that the board shall contract for
such insurance only with an insurance company authorized to
do business in this State. Such insurance may include
provision for employees who rely on treatment by prayer or
spiritual means alone for healing, in accordance with the
tenets and practice of a recognized religious
denomination;
15. To contract with the corporate authorities of any
municipality or the county board of any county, as the case
may be, to provide for the regulation of traffic in parking
areas of property used for school purposes, in such manner
as is provided by Section 11-209 of The Illinois Vehicle
Code, approved September 29, 1969, as amended;
16. (a) To provide, on an equal basis, access to a high
school campus and student directory information to the
official recruiting representatives of the armed forces of
Illinois and the United States for the purposes of
informing students of the educational and career
opportunities available in the military if the board has
provided such access to persons or groups whose purpose is

HB4049 Enrolled - 843 - LRB099 03667 KTG 23678 b
to acquaint students with educational or occupational
opportunities available to them. The board is not required
to give greater notice regarding the right of access to
recruiting representatives than is given to other persons
and groups. In this paragraph 16, "directory information"
means a high school student's name, address, and telephone
number.
(b) If a student or his or her parent or guardian
submits a signed, written request to the high school before
the end of the student's sophomore year (or if the student
is a transfer student, by another time set by the high
school) that indicates that the student or his or her
parent or guardian does not want the student's directory
information to be provided to official recruiting
representatives under subsection (a) of this Section, the
high school may not provide access to the student's
directory information to these recruiting representatives.
The high school shall notify its students and their parents
or guardians of the provisions of this subsection (b).
(c) A high school may require official recruiting
representatives of the armed forces of Illinois and the
United States to pay a fee for copying and mailing a
student's directory information in an amount that is not
more than the actual costs incurred by the high school.
(d) Information received by an official recruiting
representative under this Section may be used only to

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provide information to students concerning educational and
career opportunities available in the military and may not
be released to a person who is not involved in recruiting
students for the armed forces of Illinois or the United
States;
17. (a) To sell or market any computer program
developed by an employee of the school district, provided
that such employee developed the computer program as a
direct result of his or her duties with the school district
or through the utilization of the school district resources
or facilities. The employee who developed the computer
program shall be entitled to share in the proceeds of such
sale or marketing of the computer program. The distribution
of such proceeds between the employee and the school
district shall be as agreed upon by the employee and the
school district, except that neither the employee nor the
school district may receive more than 90% of such proceeds.
The negotiation for an employee who is represented by an
exclusive bargaining representative may be conducted by
such bargaining representative at the employee's request.
(b) For the purpose of this paragraph 17:
(1) "Computer" means an internally programmed,
general purpose digital device capable of
automatically accepting data, processing data and
supplying the results of the operation.
(2) "Computer program" means a series of coded

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instructions or statements in a form acceptable to a
computer, which causes the computer to process data in
order to achieve a certain result.
(3) "Proceeds" means profits derived from
marketing or sale of a product after deducting the
expenses of developing and marketing such product;
18. To delegate to the general superintendent of
schools, by resolution, the authority to approve contracts
and expenditures in amounts of $10,000 or less;
19. Upon the written request of an employee, to
withhold from the compensation of that employee any dues,
payments or contributions payable by such employee to any
labor organization as defined in the Illinois Educational
Labor Relations Act. Under such arrangement, an amount
shall be withheld from each regular payroll period which is
equal to the pro rata share of the annual dues plus any
payments or contributions, and the board shall transmit
such withholdings to the specified labor organization
within 10 working days from the time of the withholding;
19a. Upon receipt of notice from the comptroller of a
municipality with a population of 500,000 or more, a county
with a population of 3,000,000 or more, the Cook County
Forest Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago
Transit Authority, or a housing authority of a municipality
with a population of 500,000 or more that a debt is due and

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owing the municipality, the county, the Cook County Forest
Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago
Transit Authority, or the housing authority by an employee
of the Chicago Board of Education, to withhold, from the
compensation of that employee, the amount of the debt that
is due and owing and pay the amount withheld to the
municipality, the county, the Cook County Forest Preserve
District, the Chicago Park District, the Metropolitan
Water Reclamation District, the Chicago Transit Authority,
or the housing authority; provided, however, that the
amount deducted from any one salary or wage payment shall
not exceed 25% of the net amount of the payment. Before the
Board deducts any amount from any salary or wage of an
employee under this paragraph, the municipality, the
county, the Cook County Forest Preserve District, the
Chicago Park District, the Metropolitan Water Reclamation
District, the Chicago Transit Authority, or the housing
authority shall certify that (i) the employee has been
afforded an opportunity for a hearing to dispute the debt
that is due and owing the municipality, the county, the
Cook County Forest Preserve District, the Chicago Park
District, the Metropolitan Water Reclamation District, the
Chicago Transit Authority, or the housing authority and
(ii) the employee has received notice of a wage deduction
order and has been afforded an opportunity for a hearing to

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object to the order. For purposes of this paragraph, "net
amount" means that part of the salary or wage payment
remaining after the deduction of any amounts required by
law to be deducted and "debt due and owing" means (i) a
specified sum of money owed to the municipality, the
county, the Cook County Forest Preserve District, the
Chicago Park District, the Metropolitan Water Reclamation
District, the Chicago Transit Authority, or the housing
authority for services, work, or goods, after the period
granted for payment has expired, or (ii) a specified sum of
money owed to the municipality, the county, the Cook County
Forest Preserve District, the Chicago Park District, the
Metropolitan Water Reclamation District, the Chicago
Transit Authority, or the housing authority pursuant to a
court order or order of an administrative hearing officer
after the exhaustion of, or the failure to exhaust,
judicial review;
20. The board is encouraged to employ a sufficient
number of certified school counselors to maintain a
student/counselor ratio of 250 to 1 by July 1, 1990. Each
counselor shall spend at least 75% of his work time in
direct contact with students and shall maintain a record of
such time;
21. To make available to students vocational and career
counseling and to establish 5 special career counseling
days for students and parents. On these days

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representatives of local businesses and industries shall
be invited to the school campus and shall inform students
of career opportunities available to them in the various
businesses and industries. Special consideration shall be
given to counseling minority students as to career
opportunities available to them in various fields. For the
purposes of this paragraph, minority student means a person
who is any of the following:
(a) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(b) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(c) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(d) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(e) Native Hawaiian or Other Pacific Islander (a person
having origins in any of the original peoples of Hawaii,

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Guam, Samoa, or other Pacific Islands).
Counseling days shall not be in lieu of regular school
days;
22. To report to the State Board of Education the
annual student dropout rate and number of students who
graduate from, transfer from or otherwise leave bilingual
programs;
23. Except as otherwise provided in the Abused and
Neglected Child Reporting Act or other applicable State or
federal law, to permit school officials to withhold, from
any person, information on the whereabouts of any child
removed from school premises when the child has been taken
into protective custody as a victim of suspected child
abuse. School officials shall direct such person to the
Department of Children and Family Services, or to the local
law enforcement agency if appropriate;
24. To develop a policy, based on the current state of
existing school facilities, projected enrollment and
efficient utilization of available resources, for capital
improvement of schools and school buildings within the
district, addressing in that policy both the relative
priority for major repairs, renovations and additions to
school facilities, and the advisability or necessity of
building new school facilities or closing existing schools
to meet current or projected demographic patterns within
the district;

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25. To make available to the students in every high
school attendance center the ability to take all courses
necessary to comply with the Board of Higher Education's
college entrance criteria effective in 1993;
26. To encourage mid-career changes into the teaching
profession, whereby qualified professionals become
certified teachers, by allowing credit for professional
employment in related fields when determining point of
entry on teacher pay scale;
27. To provide or contract out training programs for
administrative personnel and principals with revised or
expanded duties pursuant to this Act in order to assure
they have the knowledge and skills to perform their duties;
28. To establish a fund for the prioritized special
needs programs, and to allocate such funds and other lump
sum amounts to each attendance center in a manner
consistent with the provisions of part 4 of Section 34-2.3.
Nothing in this paragraph shall be construed to require any
additional appropriations of State funds for this purpose;
29. (Blank);
30. Notwithstanding any other provision of this Act or
any other law to the contrary, to contract with third
parties for services otherwise performed by employees,
including those in a bargaining unit, and to layoff those
employees upon 14 days written notice to the affected
employees. Those contracts may be for a period not to

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exceed 5 years and may be awarded on a system-wide basis.
The board may not operate more than 30 contract schools,
provided that the board may operate an additional 5
contract turnaround schools pursuant to item (5.5) of
subsection (d) of Section 34-8.3 of this Code;
31. To promulgate rules establishing procedures
governing the layoff or reduction in force of employees and
the recall of such employees, including, but not limited
to, criteria for such layoffs, reductions in force or
recall rights of such employees and the weight to be given
to any particular criterion. Such criteria shall take into
account factors including, but not be limited to,
qualifications, certifications, experience, performance
ratings or evaluations, and any other factors relating to
an employee's job performance;
32. To develop a policy to prevent nepotism in the
hiring of personnel or the selection of contractors;
33. To enter into a partnership agreement, as required
by Section 34-3.5 of this Code, and, notwithstanding any
other provision of law to the contrary, to promulgate
policies, enter into contracts, and take any other action
necessary to accomplish the objectives and implement the
requirements of that agreement; and
34. To establish a Labor Management Council to the
board comprised of representatives of the board, the chief
executive officer, and those labor organizations that are

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the exclusive representatives of employees of the board and
to promulgate policies and procedures for the operation of
the Council.
The specifications of the powers herein granted are not to
be construed as exclusive but the board shall also exercise all
other powers that they may be requisite or proper for the
maintenance and the development of a public school system, not
inconsistent with the other provisions of this Article or
provisions of this Code which apply to all school districts.
In addition to the powers herein granted and authorized to
be exercised by the board, it shall be the duty of the board to
review or to direct independent reviews of special education
expenditures and services. The board shall file a report of
such review with the General Assembly on or before May 1, 1990.
(Source: P.A. 96-105, eff. 7-30-09; 97-227, eff. 1-1-12;
97-396, eff. 1-1-12; 97-813, eff. 7-13-12.)
(105 ILCS 5/34-128) (from Ch. 122, par. 34-128)
Sec. 34-128. The Board shall provide free bus
transportation for every child who is a child with a mental
disability who is trainable trainable mentally disabled, as
defined in Article 14, who resides at a distance of one mile or
more from any school to which he is assigned for attendance and
who the State Board of Education determines in advance requires
special transportation service in order to take advantage of
special educational facilities.

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The board may levy, without regard to any other legally
authorized tax and in addition to such taxes, an annual tax
upon all the taxable property in the school district at a rate
not to exceed .005% of the value, as equalized or assessed by
the Department of Revenue, that will produce an amount not to
exceed the annual cost of transportation provided in accordance
with this Section. The board shall deduct from the cost of such
transportation any amount reimbursed by the State under Article
14. Such levy is authorized in the year following the school
year in which the transportation costs were incurred by the
district.
(Source: P.A. 89-397, eff. 8-20-95.)
Section 435. The State Universities Civil Service Act is
amended by changing Sections 36d and 36s as follows:
(110 ILCS 70/36d) (from Ch. 24 1/2, par. 38b3)
Sec. 36d. Powers and duties of the Merit Board.
The Merit Board shall have the power and duty-
(1) To approve a classification plan prepared under its
direction, assigning to each class positions of substantially
similar duties. The Merit Board shall have power to delegate to
its Director the duty of assigning each position in the
classified service to the appropriate class in the
classification plan approved by the Merit Board.
(2) To prescribe the duties of each class of positions and

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the qualifications required by employment in that class.
(3) To prescribe the range of compensation for each class
or to fix a single rate of compensation for employees in a
particular class; and to establish other conditions of
employment which an employer and employee representatives have
agreed upon as fair and equitable. The Merit Board shall direct
the payment of the "prevailing rate of wages" in those
classifications in which, on January 1, 1952, any employer is
paying such prevailing rate and in such other classes as the
Merit Board may thereafter determine. "Prevailing rate of
wages" as used herein shall be the wages paid generally in the
locality in which the work is being performed to employees
engaged in work of a similar character. Each employer covered
by the University System shall be authorized to negotiate with
representatives of employees to determine appropriate ranges
or rates of compensation or other conditions of employment and
may recommend to the Merit Board for establishment the rates or
ranges or other conditions of employment which the employer and
employee representatives have agreed upon as fair and
equitable. Any rates or ranges established prior to January 1,
1952, and hereafter, shall not be changed except in accordance
with the procedures herein provided.
(4) To recommend to the institutions and agencies specified
in Section 36e standards for hours of work, holidays, sick
leave, overtime compensation and vacation for the purpose of
improving conditions of employment covered therein and for the

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purpose of insuring conformity with the prevailing rate
principal.
(5) To prescribe standards of examination for each class,
the examinations to be related to the duties of such class. The
Merit Board shall have power to delegate to the Director and
his staff the preparation, conduct and grading of examinations.
Examinations may be written, oral, by statement of training and
experience, in the form of tests of knowledge, skill, capacity,
intellect, aptitude; or, by any other method, which in the
judgment of the Merit Board is reasonable and practical for any
particular classification. Different examining procedures may
be determined for the examinations in different
classifications but all examinations in the same
classification shall be uniform.
(6) To authorize the continuous recruitment of personnel
and to that end, to delegate to the Director and his staff the
power and the duty to conduct open and continuous competitive
examinations for all classifications of employment.
(7) To cause to be established from the results of
examinations registers for each class of positions in the
classified service of the State Universities Civil Service
System, of the persons who shall attain the minimum mark fixed
by the Merit Board for the examination; and such persons shall
take rank upon the registers as candidates in the order of
their relative excellence as determined by examination,
without reference to priority of time of examination.

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(8) To provide by its rules for promotions in the
classified service. Vacancies shall be filled by promotion
whenever practicable. For the purpose of this paragraph, an
advancement in class shall constitute a promotion.
(9) To set a probationary period of employment of no less
than 6 months and no longer than 12 months for each class of
positions in the classification plan, the length of the
probationary period for each class to be determined by the
Director.
(10) To provide by its rules for employment at regular
rates of compensation of persons with physical disabilities
physically handicapped persons in positions in which the
disability handicap does not prevent the individual from
furnishing satisfactory service.
(11) To make and publish rules, to carry out the purpose of
the State Universities Civil Service System and for
examination, appointments, transfers and removals and for
maintaining and keeping records of the efficiency of officers
and employees and groups of officers and employees in
accordance with the provisions of Sections 36b to 36q,
inclusive, and said Merit Board may from time to time make
changes in such rules.
(12) To appoint a Director and such assistants and other
clerical and technical help as may be necessary efficiently to
administer Sections 36b to 36q, inclusive. To authorize the
Director to appoint an assistant resident at the place of

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employment of each employer specified in Section 36e and this
assistant may be authorized to give examinations and to certify
names from the regional registers provided in Section 36k.
(13) To submit to the Governor of this state on or before
November 1 of each year prior to the regular session of the
General Assembly a report of the University System's business
and an estimate of the amount of appropriation from state funds
required for the purpose of administering the University
System.
(Source: P.A. 82-524.)
(110 ILCS 70/36s) (from Ch. 24 1/2, par. 38b18)
Sec. 36s. Supported employees.
(a) The Merit Board shall develop and implement a supported
employment program. It shall be the goal of the program to
appoint a minimum of 10 supported employees to State University
civil service positions before June 30, 1992.
(b) The Merit Board shall designate a liaison to work with
State agencies and departments, any funder or provider or both,
and State universities in the implementation of a supported
employment program.
(c) As used in this Section:
(1) "Supported employee" means any individual who:
(A) has a severe physical or mental disability
which seriously limits functional capacities,
including but not limited to, mobility, communication,

HB4049 Enrolled - 858 - LRB099 03667 KTG 23678 b
self-care, self-direction, work tolerance or work
skills, in terms of employability as defined,
determined and certified by the Department of Human
Services; and
(B) has one or more physical or mental disabilities
resulting from amputation; arthritis; blindness;
cancer; cerebral palsy; cystic fibrosis; deafness;
heart disease; hemiplegia; respiratory or pulmonary
dysfunction; an intellectual disability; mental
illness; multiple sclerosis; muscular dystrophy;
musculoskeletal disorders; neurological disorders,
including stroke and epilepsy; paraplegia;
quadriplegia and other spinal cord conditions; sickle
cell anemia; and end-stage renal disease; or another
disability or combination of disabilities determined
on the basis of an evaluation of rehabilitation
potential to cause comparable substantial functional
limitation.
(2) "Supported employment" means competitive work in
integrated work settings:
(A) for individuals with severe disabilities
handicaps for whom competitive employment has not
traditionally occurred, or
(B) for individuals for whom competitive
employment has been interrupted or intermittent as a
result of a severe disability, and who because of their

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disability handicap, need on-going support services to
perform such work. The term includes transitional
employment for individuals with chronic mental
illness.
(3) "Participation in a supported employee program"
means participation as a supported employee that is not
based on the expectation that an individual will have the
skills to perform all the duties in a job class, but on the
assumption that with support and adaptation, or both, a job
can be designed to take advantage of the supported
employee's special strengths.
(4) "Funder" means any entity either State, local or
federal, or private not-for-profit or for-profit that
provides monies to programs that provide services related
to supported employment.
(5) "Provider" means any entity either public or
private that provides technical support and services to any
department or agency subject to the control of the
Governor, the Secretary of State or the University Civil
Service System.
(d) The Merit Board shall establish job classifications for
supported employees who may be appointed into the
classifications without open competitive testing requirements.
Supported employees shall serve in a trial employment capacity
for not less than 3 or more than 12 months.
(e) The Merit Board shall maintain a record of all

HB4049 Enrolled - 860 - LRB099 03667 KTG 23678 b
individuals hired as supported employees. The record shall
include:
(1) the number of supported employees initially
appointed;
(2) the number of supported employees who successfully
complete the trial employment periods; and
(3) the number of permanent targeted positions by
titles.
(f) The Merit Board shall submit an annual report to the
General Assembly regarding the employment progress of
supported employees, with recommendations for legislative
action.
(Source: P.A. 97-227, eff. 1-1-12.)
Section 440. The Board of Higher Education Act is amended
by changing Section 9.16 as follows:
(110 ILCS 205/9.16) (from Ch. 144, par. 189.16)
Sec. 9.16. Underrepresentation of certain groups in higher
education. To require public institutions of higher education
to develop and implement methods and strategies to increase the
participation of minorities, women and individuals with
disabilities handicapped individuals who are traditionally
underrepresented in education programs and activities. For the
purpose of this Section, minorities shall mean persons who are
citizens of the United States or lawful permanent resident

HB4049 Enrolled - 861 - LRB099 03667 KTG 23678 b
aliens of the United States and who are any of the following:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a person
having origins in any of the original peoples of Hawaii,
Guam, Samoa, or other Pacific Islands).
The Board shall adopt any rules necessary to administer
this Section. The Board shall also do the following:
(a) require all public institutions of higher education to
develop and submit plans for the implementation of this
Section;
(b) conduct periodic review of public institutions of

HB4049 Enrolled - 862 - LRB099 03667 KTG 23678 b
higher education to determine compliance with this Section; and
if the Board finds that a public institution of higher
education is not in compliance with this Section, it shall
notify the institution of steps to take to attain compliance;
(c) provide advice and counsel pursuant to this Section;
(d) conduct studies of the effectiveness of methods and
strategies designed to increase participation of students in
education programs and activities in which minorities, women
and individuals with disabilities handicapped individuals are
traditionally underrepresented, and monitor the success of
students in such education programs and activities;
(e) encourage minority student recruitment and retention
in colleges and universities. In implementing this paragraph,
the Board shall undertake but need not be limited to the
following: the establishment of guidelines and plans for public
institutions of higher education for minority student
recruitment and retention, the review and monitoring of
minority student programs implemented at public institutions
of higher education to determine their compliance with any
guidelines and plans so established, the determination of the
effectiveness and funding requirements of minority student
programs at public institutions of higher education, the
dissemination of successful programs as models, and the
encouragement of cooperative partnerships between community
colleges and local school attendance centers which are
experiencing difficulties in enrolling minority students in

HB4049 Enrolled - 863 - LRB099 03667 KTG 23678 b
four-year colleges and universities;
(f) mandate all public institutions of higher education to
submit data and information essential to determine compliance
with this Section. The Board shall prescribe the format and the
date for submission of this data and any other education equity
data; and
(g) report to the General Assembly and the Governor
annually with a description of the plans submitted by each
public institution of higher education for implementation of
this Section, including financial data relating to the most
recent fiscal year expenditures for specific minority
programs, the effectiveness of such plans and programs and the
effectiveness of the methods and strategies developed by the
Board in meeting the purposes of this Section, the degree of
compliance with this Section by each public institution of
higher education as determined by the Board pursuant to its
periodic review responsibilities, and the findings made by the
Board in conducting its studies and monitoring student success
as required by paragraph d) of this Section. With respect to
each public institution of higher education such report also
shall include, but need not be limited to, information with
respect to each institution's minority program budget
allocations; minority student admission, retention and
graduation statistics; admission, retention, and graduation
statistics of all students who are the first in their immediate
family to attend an institution of higher education; number of

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financial assistance awards to undergraduate and graduate
minority students; and minority faculty representation. This
paragraph shall not be construed to prohibit the Board from
making, preparing or issuing additional surveys or studies with
respect to minority education in Illinois.
(Source: P.A. 97-396, eff. 1-1-12; 97-588, eff. 1-1-12; 97-813,
eff. 7-13-12.)
Section 445. The University of Illinois Act is amended by
changing Section 9 as follows:
(110 ILCS 305/9) (from Ch. 144, par. 30)
Sec. 9. Scholarships for children of veterans. For each of
the following periods of hostilities, each county shall be
entitled, annually, to one honorary scholarship in the
University, for the benefit of the children of persons who
served in the armed forces of the United States: the Civil War,
World War I, any time between September 16, 1940 and the
termination of World War II, any time during the national
emergency between June 25, 1950 and January 31, 1955, any time
during the Viet Nam conflict between January 1, 1961 and May 7,
1975, any time on or after August 2, 1990 and until Congress or
the President orders that persons in service are no longer
eligible for the Southwest Asia Service Medal, Operation
Enduring Freedom, and Operation Iraqi Freedom. Preference
shall be given to the children of persons who are deceased or

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to the children of persons who have a disability disabled. Such
scholarships shall be granted to such pupils as shall, upon
public examination, conducted as the board of trustees of the
University may determine, be decided to have attained the
greatest proficiency in the branches of learning usually taught
in the secondary schools, and who shall be of good moral
character, and not less than 15 years of age. Such pupils, so
selected, shall be entitled to receive, without charge for
tuition, instruction in any or all departments of the
University for a term of at least 4 consecutive years. Such
pupils shall conform, in all respects, to the rules and
regulations of the University, established for the government
of the pupils in attendance.
(Source: P.A. 95-64, eff. 1-1-08.)
Section 450. The University of Illinois Hospital Act is
amended by changing Section 6 as follows:
(110 ILCS 330/6) (from Ch. 23, par. 1376)
Sec. 6. No otherwise qualified child with a disability
handicapped child receiving special education and related
services under Article 14 of The School Code shall solely by
reason of his or her disability handicap be excluded from the
participation in or be denied the benefits of or be subjected
to discrimination under any program or activity provided by the
University of Illinois Hospital.

HB4049 Enrolled - 866 - LRB099 03667 KTG 23678 b
(Source: P.A. 80-1403.)
Section 455. The Specialized Care for Children Act is
amended by changing Sections 1 and 3 as follows:
(110 ILCS 345/1) (from Ch. 144, par. 67.1)
Sec. 1. The University of Illinois is hereby designated as
the agency to receive, administer, and to hold in its own
treasury federal funds and aid in relation to the
administration of its Division of Specialized Care for
Children. The Board of Trustees of the University of Illinois
shall have a charge upon all claims, demands and causes of
action for injuries to an applicant for or recipient of
financial aid for the total amount of medical assistance
provided the recipient by the Division from the time of injury
to the date of recovery upon such claim, demand or cause of
action. The Board of Trustees of the University of Illinois may
cooperate with the United States Children's Bureau of the
Department of Health, Education and Welfare, or with any
successor or other federal agency, in the administration of the
Division of Specialized Care for Children, and shall have full
responsibility for the expenditure of federal and state funds,
or monies recovered as the result of a judgment or settlement
of a lawsuit or from an insurance or personal settlement
arising from a claim relating to a recipient child's medical
condition, as well as any aid which may be made available to

HB4049 Enrolled - 867 - LRB099 03667 KTG 23678 b
the Board of Trustees for administering, through the Division
of Specialized Care for Children, a program of services for
children with physical disabilities or who are who are
physically disabled or suffering from conditions which may lead
to a physical disability, including medical, surgical,
corrective and other services and care, and facilities for
diagnosis, hospitalization and aftercare of such children.
(Source: P.A. 97-227, eff. 1-1-12.)
(110 ILCS 345/3) (from Ch. 144, par. 67.3)
Sec. 3. No otherwise qualified child with a disability
handicapped child receiving special education services under
Article 14 of The School Code shall solely by reason of his or
her disability handicap be excluded from the participation in
or be denied the benefits of or be subjected to discrimination
under any program or activity provided by the Division of
Specialized Care for Children.
(Source: P.A. 87-203.)
Section 460. The Public Community College Act is amended by
changing Sections 3-20.3.01 and 3-49 as follows:
(110 ILCS 805/3-20.3.01) (from Ch. 122, par. 103-20.3.01)
Sec. 3-20.3.01. Whenever, as a result of any lawful order
of any agency, other than a local community college board,
having authority to enforce any law or regulation designed for

HB4049 Enrolled - 868 - LRB099 03667 KTG 23678 b
the protection, health or safety of community college students,
employees or visitors, or any law or regulation for the
protection and safety of the environment, pursuant to the
"Environmental Protection Act", any local community college
district, including any district to which Article VII of this
Act applies, is required to alter or repair any physical
facilities, or whenever any district determines that it is
necessary for energy conservation, health or safety,
environmental protection or handicapped accessibility purposes
that any physical facilities should be altered or repaired and
that such alterations or repairs will be made with funds not
necessary for the completion of approved and recommended
projects for fire prevention and safety, or whenever after the
effective date of this amendatory Act of 1984 any district,
including any district to which Article VII applies, provides
for alterations or repairs determined by the local community
college board to be necessary for health and safety,
environmental protection, handicapped accessibility or energy
conservation purposes, such district may, by proper resolution
which specifically identifies the project and which is adopted
pursuant to the provisions of the Open Meetings Act, levy a tax
for the purpose of paying for such alterations or repairs, or
survey by a licensed architect or engineer, upon the equalized
assessed value of all the taxable property of the district at a
rate not to exceed .05% per year for a period sufficient to
finance such alterations or repairs, upon the following

HB4049 Enrolled - 869 - LRB099 03667 KTG 23678 b
conditions:
(a) When in the judgment of the local community college
board of trustees there are not sufficient funds available in
the operations and maintenance fund of the district to
permanently pay for such alterations or repairs so ordered,
determined as necessary.
(b) When a certified estimate of a licensed architect or
engineer stating the estimated amount that is necessary to make
the alterations or repairs so ordered or determined as
necessary has been secured by the local community college
district and the project and estimated amount have been
approved by the Executive Director of the State Board.
The filing of a certified copy of the resolution or
ordinance levying the tax when accompanied by the certificate
of approval of the Executive Director of the State Board shall
be the authority of the county clerk or clerks to extend such
tax; provided, however, that in no event shall the extension
for the current and preceding years, if any, under this Section
be greater than the amount so approved, and interest on bonds
issued pursuant to this Section and in the event such current
extension and preceding extensions exceed such approval and
interest, it shall be reduced proportionately.
The county clerk of each of the counties in which any
community college district levying a tax under the authority of
this Section is located, in reducing raised levies, shall not
consider any such tax as a part of the general levy for

HB4049 Enrolled - 870 - LRB099 03667 KTG 23678 b
community college purposes and shall not include the same in
the limitation of any other tax rate which may be extended.
Such tax shall be levied and collected in like manner as all
other taxes of community college districts.
The tax rate limit hereinabove specified in this Section
may be increased to .10% upon the approval of a proposition to
effect such increase by a majority of the electors voting on
that proposition at a regular scheduled election. Such
proposition may be initiated by resolution of the local
community college board and shall be certified by the secretary
of the local community college board to the proper election
authorities for submission in accordance with the general
election law.
Each local community college district authorized to levy
any tax pursuant to this Section may also or in the alternative
by proper resolution or ordinance borrow money for such
specifically identified purposes not in excess of $4,500,000 in
the aggregate at any one time when in the judgment of the local
community college board of trustees there are not sufficient
funds available in the operations and maintenance fund of the
district to permanently pay for such alterations or repairs so
ordered or determined as necessary and a certified estimate of
a licensed architect or engineer stating the estimated amount
has been secured by the local community college district and
the project and the estimated amount have been approved by the
State Board, and as evidence of such indebtedness may issue

HB4049 Enrolled - 871 - LRB099 03667 KTG 23678 b
bonds without referendum. However, Community College District
No. 522 and Community College District No. 536 may or in the
alternative by proper resolution or ordinance borrow money for
such specifically identified purposes not in excess of
$20,000,000 in the aggregate at any one time when in the
judgment of the community college board of trustees there are
not sufficient funds available in the operations and
maintenance fund of the district to permanently pay for such
alterations or repairs so ordered or determined as necessary
and a certified estimate of a licensed architect or engineer
stating the estimated amount has been secured by the community
college district and the project and the estimated amount have
been approved by the State Board, and as evidence of such
indebtedness may issue bonds without referendum. Such bonds
shall bear interest at a rate or rates authorized by "An Act to
authorize public corporations to issue bonds, other evidences
of indebtedness and tax anticipation warrants subject to
interest rate limitations set forth therein", approved May 26,
1970, as now or hereafter amended, shall mature within 20 years
from date, and shall be signed by the chairman, secretary and
treasurer of the local community college board.
In order to authorize and issue such bonds the local
community college board shall adopt a resolution fixing the
amount of bonds, the date thereof, the maturities thereof and
rates of interest thereof, and the board by such resolution, or
in a district to which Article VII applies the city council

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upon demand and under the direction of the board by ordinance,
shall provide for the levy and collection of a direct annual
tax upon all the taxable property in the local community
college district sufficient to pay the principal and interest
on such bonds to maturity. Upon the filing in the office of the
county clerk of each of the counties in which the community
college district is located of a certified copy of such
resolution or ordinance it is the duty of the county clerk or
clerks to extend the tax therefor without limit as to rate or
amount and in addition to and in excess of all other taxes
heretofore or hereafter authorized to be levied by such
community college district.
The State Board shall prepare and enforce regulations and
specifications for minimum requirements for the construction,
remodeling or rehabilitation of heating, ventilating, air
conditioning, lighting, seating, water supply, toilet,
handicapped accessibility, fire safety and any other matter
that will conserve, preserve or provide for the protection and
the health or safety of individuals in or on community college
property and will conserve the integrity of the physical
facilities of the district.
This Section is cumulative and constitutes complete
authority for the issuance of bonds as provided in this Section
notwithstanding any other statute or law to the contrary.
(Source: P.A. 96-561, eff. 1-1-10.)

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(110 ILCS 805/3-49) (from Ch. 122, par. 103-49)
Sec. 3-49. Each Board of Trustees of a Community College
District may, at its discretion, appoint an Employment Advisory
Board. Such Employment Advisory Board shall consist of not more
than 15 members appointed to terms of 4 years, and their
membership shall include, but not be limited to,
representatives of the following groups:
(a) small businesses;
(b) large businesses which employ residents of the
Community College District;
(c) governmental units which employ residents of the
Community College District;
(d) non-profit private organizations;
(e) organizations which serve as advocates for persons with
disabilities the handicapped; and
(f) employee organizations.
(Source: P.A. 85-458.)
Section 465. The Higher Education Student Assistance Act is
amended by changing Sections 50, 52, 55, 60, 65.15, 65.70, and
105 as follows:
(110 ILCS 947/50)
Sec. 50. Minority Teachers of Illinois scholarship
program.
(a) As used in this Section:

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"Eligible applicant" means a minority student who has
graduated from high school or has received a high school
equivalency certificate and has maintained a cumulative
grade point average of no less than 2.5 on a 4.0 scale, and
who by reason thereof is entitled to apply for scholarships
to be awarded under this Section.
"Minority student" means a student who is any of the
following:
(1) American Indian or Alaska Native (a person
having origins in any of the original peoples of North
and South America, including Central America, and who
maintains tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or
the Indian subcontinent, including, but not limited
to, Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands, Thailand, and
Vietnam).
(3) Black or African American (a person having
origins in any of the black racial groups of Africa).
Terms such as "Haitian" or "Negro" can be used in
addition to "Black or African American".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a

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person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands).
"Qualified student" means a person (i) who is a
resident of this State and a citizen or permanent resident
of the United States; (ii) who is a minority student, as
defined in this Section; (iii) who, as an eligible
applicant, has made a timely application for a minority
teaching scholarship under this Section; (iv) who is
enrolled on at least a half-time basis at a qualified
Illinois institution of higher learning; (v) who is
enrolled in a course of study leading to teacher
certification, including alternative teacher
certification; (vi) who maintains a grade point average of
no less than 2.5 on a 4.0 scale; and (vii) who continues to
advance satisfactorily toward the attainment of a degree.
(b) In order to encourage academically talented Illinois
minority students to pursue teaching careers at the preschool
or elementary or secondary school level, each qualified student
shall be awarded a minority teacher scholarship to any
qualified Illinois institution of higher learning. However,
preference may be given to qualified applicants enrolled at or
above the junior level.
(c) Each minority teacher scholarship awarded under this
Section shall be in an amount sufficient to pay the tuition and
fees and room and board costs of the qualified Illinois
institution of higher learning at which the recipient is

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enrolled, up to an annual maximum of $5,000; except that in the
case of a recipient who does not reside on-campus at the
institution at which he or she is enrolled, the amount of the
scholarship shall be sufficient to pay tuition and fee expenses
and a commuter allowance, up to an annual maximum of $5,000.
(d) The total amount of minority teacher scholarship
assistance awarded by the Commission under this Section to an
individual in any given fiscal year, when added to other
financial assistance awarded to that individual for that year,
shall not exceed the cost of attendance at the institution at
which the student is enrolled. If the amount of minority
teacher scholarship to be awarded to a qualified student as
provided in subsection (c) of this Section exceeds the cost of
attendance at the institution at which the student is enrolled,
the minority teacher scholarship shall be reduced by an amount
equal to the amount by which the combined financial assistance
available to the student exceeds the cost of attendance.
(e) The maximum number of academic terms for which a
qualified student can receive minority teacher scholarship
assistance shall be 8 semesters or 12 quarters.
(f) In any academic year for which an eligible applicant
under this Section accepts financial assistance through the
Paul Douglas Teacher Scholarship Program, as authorized by
Section 551 et seq. of the Higher Education Act of 1965, the
applicant shall not be eligible for scholarship assistance
awarded under this Section.

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(g) All applications for minority teacher scholarships to
be awarded under this Section shall be made to the Commission
on forms which the Commission shall provide for eligible
applicants. The form of applications and the information
required to be set forth therein shall be determined by the
Commission, and the Commission shall require eligible
applicants to submit with their applications such supporting
documents or recommendations as the Commission deems
necessary.
(h) Subject to a separate appropriation for such purposes,
payment of any minority teacher scholarship awarded under this
Section shall be determined by the Commission. All scholarship
funds distributed in accordance with this subsection shall be
paid to the institution and used only for payment of the
tuition and fee and room and board expenses incurred by the
student in connection with his or her attendance as an
undergraduate student at a qualified Illinois institution of
higher learning. Any minority teacher scholarship awarded
under this Section shall be applicable to 2 semesters or 3
quarters of enrollment. If a qualified student withdraws from
enrollment prior to completion of the first semester or quarter
for which the minority teacher scholarship is applicable, the
school shall refund to the Commission the full amount of the
minority teacher scholarship.
(i) The Commission shall administer the minority teacher
scholarship aid program established by this Section and shall

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make all necessary and proper rules not inconsistent with this
Section for its effective implementation.
(j) When an appropriation to the Commission for a given
fiscal year is insufficient to provide scholarships to all
qualified students, the Commission shall allocate the
appropriation in accordance with this subsection. If funds are
insufficient to provide all qualified students with a
scholarship as authorized by this Section, the Commission shall
allocate the available scholarship funds for that fiscal year
on the basis of the date the Commission receives a complete
application form.
(k) Notwithstanding the provisions of subsection (j) or any
other provision of this Section, at least 30% of the funds
appropriated for scholarships awarded under this Section in
each fiscal year shall be reserved for qualified male minority
applicants. If the Commission does not receive enough
applications from qualified male minorities on or before
January 1 of each fiscal year to award 30% of the funds
appropriated for these scholarships to qualified male minority
applicants, then the Commission may award a portion of the
reserved funds to qualified female minority applicants.
(l) Prior to receiving scholarship assistance for any
academic year, each recipient of a minority teacher scholarship
awarded under this Section shall be required by the Commission
to sign an agreement under which the recipient pledges that,
within the one-year period following the termination of the

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program for which the recipient was awarded a minority teacher
scholarship, the recipient (i) shall begin teaching for a
period of not less than one year for each year of scholarship
assistance he or she was awarded under this Section; and (ii)
shall fulfill this teaching obligation at a nonprofit Illinois
public, private, or parochial preschool, elementary school, or
secondary school at which no less than 30% of the enrolled
students are minority students in the year during which the
recipient begins teaching at the school; and (iii) shall, upon
request by the Commission, provide the Commission with evidence
that he or she is fulfilling or has fulfilled the terms of the
teaching agreement provided for in this subsection.
(m) If a recipient of a minority teacher scholarship
awarded under this Section fails to fulfill the teaching
obligation set forth in subsection (l) of this Section, the
Commission shall require the recipient to repay the amount of
the scholarships received, prorated according to the fraction
of the teaching obligation not completed, at a rate of interest
equal to 5%, and, if applicable, reasonable collection fees.
The Commission is authorized to establish rules relating to its
collection activities for repayment of scholarships under this
Section. All repayments collected under this Section shall be
forwarded to the State Comptroller for deposit into the State's
General Revenue Fund.
(n) A recipient of minority teacher scholarship shall not
be considered in violation of the agreement entered into

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pursuant to subsection (l) if the recipient (i) enrolls on a
full time basis as a graduate student in a course of study
related to the field of teaching at a qualified Illinois
institution of higher learning; (ii) is serving, not in excess
of 3 years, as a member of the armed services of the United
States; (iii) is a person with a temporary total disability
temporarily totally disabled for a period of time not to exceed
3 years as established by sworn affidavit of a qualified
physician; (iv) is seeking and unable to find full time
employment as a teacher at an Illinois public, private, or
parochial preschool or elementary or secondary school that
satisfies the criteria set forth in subsection (l) of this
Section and is able to provide evidence of that fact; (v)
becomes a person with a permanent total disability permanently
totally disabled as established by sworn affidavit of a
qualified physician; (vi) is taking additional courses, on at
least a half-time basis, needed to obtain certification as a
teacher in Illinois; or (vii) is fulfilling teaching
requirements associated with other programs administered by
the Commission and cannot concurrently fulfill them under this
Section in a period of time equal to the length of the teaching
obligation.
(o) Scholarship recipients under this Section who withdraw
from a program of teacher education but remain enrolled in
school to continue their postsecondary studies in another
academic discipline shall not be required to commence repayment

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of their Minority Teachers of Illinois scholarship so long as
they remain enrolled in school on a full-time basis or if they
can document for the Commission special circumstances that
warrant extension of repayment.
(Source: P.A. 97-396, eff. 1-1-12; 98-718, eff. 1-1-15.)
(110 ILCS 947/52)
Sec. 52. Golden Apple Scholars of Illinois Program; Golden
Apple Foundation for Excellence in Teaching.
(a) In this Section, "Foundation" means the Golden Apple
Foundation for Excellence in Teaching, a registered 501(c)(3)
not-for-profit corporation.
(a-2) In order to encourage academically talented Illinois
students, especially minority students, to pursue teaching
careers, especially in teacher shortage disciplines (which
shall be defined to include early childhood education) or at
hard-to-staff schools (as defined by the Commission in
consultation with the State Board of Education), to provide
those students with the crucial mentoring, guidance, and
in-service support that will significantly increase the
likelihood that they will complete their full teaching
commitments and elect to continue teaching in targeted
disciplines and hard-to-staff schools, and to ensure that
students in this State will continue to have access to a pool
of highly-qualified teachers, each qualified student shall be
awarded a Golden Apple Scholars of Illinois Program scholarship

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to any Illinois institution of higher learning. The Commission
shall administer the Golden Apple Scholars of Illinois Program,
which shall be managed by the Foundation pursuant to the terms
of a grant agreement meeting the requirements of Section 4 of
the Illinois Grant Funds Recovery Act.
(a-3) For purposes of this Section, a qualified student
shall be a student who meets the following qualifications:
(1) is a resident of this State and a citizen or
eligible noncitizen of the United States;
(2) is a high school graduate or a person who has
received a high school equivalency certificate;
(3) is enrolled or accepted, on at least a half-time
basis, at an institution of higher learning;
(4) is pursuing a postsecondary course of study leading
to initial certification or pursuing additional course
work needed to gain State Board of Education approval to
teach, including alternative teacher licensure; and
(5) is a participant in programs managed by and is
approved to receive a scholarship from the Foundation.
(a-5) (Blank).
(b) (Blank).
(b-5) Funds designated for the Golden Apple Scholars of
Illinois Program shall be used by the Commission for the
payment of scholarship assistance under this Section or for the
award of grant funds, subject to the Illinois Grant Funds
Recovery Act, to the Foundation. Subject to appropriation,

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awards of grant funds to the Foundation shall be made on an
annual basis and following an application for grant funds by
the Foundation.
(b-10) Each year, the Foundation shall include in its
application to the Commission for grant funds an estimate of
the amount of scholarship assistance to be provided to
qualified students during the grant period. Any amount of
appropriated funds exceeding the estimated amount of
scholarship assistance may be awarded by the Commission to the
Foundation for management expenses expected to be incurred by
the Foundation in providing the mentoring, guidance, and
in-service supports that will increase the likelihood that
qualified students will complete their teaching commitments
and elect to continue teaching in hard-to-staff schools. If the
estimate of the amount of scholarship assistance described in
the Foundation's application is less than the actual amount
required for the award of scholarship assistance to qualified
students, the Foundation shall be responsible for using awarded
grant funds to ensure all qualified students receive
scholarship assistance under this Section.
(b-15) All grant funds not expended or legally obligated
within the time specified in a grant agreement between the
Foundation and the Commission shall be returned to the
Commission within 45 days. Any funds legally obligated by the
end of a grant agreement shall be liquidated within 45 days or
otherwise returned to the Commission within 90 days after the

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end of the grant agreement that resulted in the award of grant
funds.
(c) Each scholarship awarded under this Section shall be in
an amount sufficient to pay the tuition and fees and room and
board costs of the Illinois institution of higher learning at
which the recipient is enrolled, up to an annual maximum of
$5,000; except that in the case of a recipient who does not
reside on-campus at the institution of higher learning at which
he or she is enrolled, the amount of the scholarship shall be
sufficient to pay tuition and fee expenses and a commuter
allowance, up to an annual maximum of $5,000. All scholarship
funds distributed in accordance with this Section shall be paid
to the institution on behalf of recipients.
(d) The total amount of scholarship assistance awarded by
the Commission under this Section to an individual in any given
fiscal year, when added to other financial assistance awarded
to that individual for that year, shall not exceed the cost of
attendance at the institution of higher learning at which the
student is enrolled. In any academic year for which a qualified
student under this Section accepts financial assistance
through any other teacher scholarship program administered by
the Commission, a qualified student shall not be eligible for
scholarship assistance awarded under this Section.
(e) A recipient may receive up to 8 semesters or 12
quarters of scholarship assistance under this Section.
Scholarship funds are applicable toward 2 semesters or 3

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quarters of enrollment each academic year.
(f) All applications for scholarship assistance to be
awarded under this Section shall be made to the Foundation in a
form determined by the Foundation. Each year, the Foundation
shall notify the Commission of the individuals awarded
scholarship assistance under this Section. Each year, at least
30% of the Golden Apple Scholars of Illinois Program
scholarships shall be awarded to students residing in counties
having a population of less than 500,000.
(g) (Blank).
(h) The Commission shall administer the payment of
scholarship assistance provided through the Golden Apple
Scholars of Illinois Program and shall make all necessary and
proper rules not inconsistent with this Section for the
effective implementation of this Section.
(i) Prior to receiving scholarship assistance for any
academic year, each recipient of a scholarship awarded under
this Section shall be required by the Foundation to sign an
agreement under which the recipient pledges that, within the
2-year period following the termination of the academic program
for which the recipient was awarded a scholarship, the
recipient: (i) shall begin teaching for a period of not less
than 5 years, (ii) shall fulfill this teaching obligation at a
nonprofit Illinois public, private, or parochial preschool or
an Illinois public elementary or secondary school that
qualifies for teacher loan cancellation under Section

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465(a)(2)(A) of the federal Higher Education Act of 1965 (20
U.S.C. 1087ee(a)(2)(A)) or other Illinois schools deemed
eligible for fulfilling the teaching commitment as designated
by the Foundation, and (iii) shall, upon request of the
Foundation, provide the Foundation with evidence that he or she
is fulfilling or has fulfilled the terms of the teaching
agreement provided for in this subsection. Upon request, the
Foundation shall provide evidence of teacher fulfillment to the
Commission.
(j) If a recipient of a scholarship awarded under this
Section fails to fulfill the teaching obligation set forth in
subsection (i) of this Section, the Commission shall require
the recipient to repay the amount of the scholarships received,
prorated according to the fraction of the teaching obligation
not completed, plus interest at a rate of 5% and if applicable,
reasonable collection fees. Payments received by the
Commission under this subsection (j) shall be remitted to the
State Comptroller for deposit into the General Revenue Fund,
except that that portion of a recipient's repayment that equals
the amount in expenses that the Commission has reasonably
incurred in attempting collection from that recipient shall be
remitted to the State Comptroller for deposit into the
Commission's Accounts Receivable Fund.
(k) A recipient of a scholarship awarded by the Foundation
under this Section shall not be considered to have failed to
fulfill the teaching obligations of the agreement entered into

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pursuant to subsection (i) if the recipient (i) enrolls on a
full-time basis as a graduate student in a course of study
related to the field of teaching at an institution of higher
learning; (ii) is serving as a member of the armed services of
the United States; (iii) is a person with a temporary total
disability temporarily totally disabled, as established by
sworn affidavit of a qualified physician; (iv) is seeking and
unable to find full-time employment as a teacher at a school
that satisfies the criteria set forth in subsection (i) and is
able to provide evidence of that fact; (v) is taking additional
courses, on at least a half-time basis, needed to obtain
certification as a teacher in Illinois; (vi) is fulfilling
teaching requirements associated with other programs
administered by the Commission and cannot concurrently fulfill
them under this Section in a period of time equal to the length
of the teaching obligation; or (vii) is participating in a
program established under Executive Order 10924 of the
President of the United States or the federal National
Community Service Act of 1990 (42 U.S.C. 12501 et seq.). Any
such extension of the period during which the teaching
requirement must be fulfilled shall be subject to limitations
of duration as established by the Commission.
(l) A recipient who fails to fulfill the teaching
obligations of the agreement entered into pursuant to
subsection (i) of this Section shall repay the amount of
scholarship assistance awarded to them under this Section

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within 10 years.
(m) Annually, at a time determined by the Commission in
consultation with the Foundation, the Foundation shall submit a
report to assist the Commission in monitoring the Foundation's
performance of grant activities. The report shall describe the
following:
(1) the Foundation's anticipated expenditures for the
next fiscal year;
(2) the number of qualified students receiving
scholarship assistance at each institution of higher
learning where a qualified student was enrolled under this
Section during the previous fiscal year;
(3) the total monetary value of scholarship funds paid
to each institution of higher learning at which a qualified
student was enrolled during the previous fiscal year;
(4) the number of scholarship recipients who completed
a baccalaureate degree during the previous fiscal year;
(5) the number of scholarship recipients who fulfilled
their teaching obligation during the previous fiscal year;
(6) the number of scholarship recipients who failed to
fulfill their teaching obligation during the previous
fiscal year;
(7) the number of scholarship recipients granted an
extension described in subsection (k) of this Section
during the previous fiscal year;
(8) the number of scholarship recipients required to

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repay scholarship assistance in accordance with subsection
(j) of this Section during the previous fiscal year;
(9) the number of scholarship recipients who
successfully repaid scholarship assistance in full during
the previous fiscal year;
(10) the number of scholarship recipients who
defaulted on their obligation to repay scholarship
assistance during the previous fiscal year;
(11) the amount of scholarship assistance subject to
collection in accordance with subsection (j) of this
Section at the end of the previous fiscal year;
(12) the amount of collected funds to be remitted to
the Comptroller in accordance with subsection (j) of this
Section at the end of the previous fiscal year; and
(13) other information that the Commission may
reasonably request.
(n) Nothing in this Section shall affect the rights of the
Commission to collect moneys owed to it by recipients of
scholarship assistance through the Illinois Future Teacher
Corps Program, repealed by this amendatory Act of the 98th
General Assembly.
(o) The Auditor General shall prepare an annual audit of
the operations and finances of the Golden Apple Scholars of
Illinois Program. This audit shall be provided to the Governor,
General Assembly, and the Commission.
(p) The suspension of grant making authority found in

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Section 4.2 of the Illinois Grant Funds Recovery Act shall not
apply to grants made pursuant to this Section.
(Source: P.A. 98-533, eff. 8-23-13; 98-718, eff. 1-1-15.)
(110 ILCS 947/55)
Sec. 55. Police officer or fire officer survivor grant.
Grants shall be provided for any spouse, natural child, legally
adopted child, or child in the legal custody of police officers
and fire officers who are killed or who become a person with a
permanent disability permanently disabled with 90% to 100%
disability in the line of duty while employed by, or in the
voluntary service of, this State or any local public entity in
this State. Beneficiaries need not be Illinois residents at the
time of enrollment in order to receive this grant.
Beneficiaries are entitled to 8 semesters or 12 quarters of
full payment of tuition and mandatory fees at any
State-sponsored Illinois institution of higher learning for
either full or part-time study, or the equivalent of 8
semesters or 12 quarters of payment of tuition and mandatory
fees at the rate established by the Commission for private
institutions in the State of Illinois, provided the recipient
is maintaining satisfactory academic progress. This benefit
may be used for undergraduate or graduate study. The benefits
of this Section shall be administered by and paid out of funds
available to the Commission and shall accrue to the bona fide
applicant without the requirement of demonstrating financial

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need to qualify for those benefits.
(Source: P.A. 91-670, eff. 12-22-99.)
(110 ILCS 947/60)
Sec. 60. Grants for dependents of Department of Corrections
employees who are killed or who become a person with a
permanent disability permanently disabled in the line of duty.
Any spouse, natural child, legally adopted child, or child in
the legal custody of an employee of the Department of
Corrections who is assigned to a security position with the
Department with responsibility for inmates of any correctional
institution under the jurisdiction of the Department and who is
killed or who becomes a person with a permanent disability
permanently disabled with 90% to 100% disability in the line of
duty is entitled to 8 semesters or 12 quarters of full payment
of tuition and mandatory fees at any State-supported Illinois
institution of higher learning for either full or part-time
study, or the equivalent of 8 semesters or 12 quarters of
payment of tuition and mandatory fees at the rate established
by the Commission for private institutions in the State of
Illinois, provided the recipient is maintaining satisfactory
academic progress. This benefit may be used for undergraduate
or graduate study. Beneficiaries need not be Illinois residents
at the time of enrollment in order to receive this grant. The
benefits of this Section shall be administered by and paid out
of funds available to the Commission and shall accrue to the

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bona fide applicant without the requirement of demonstrating
financial need to qualify for those benefits.
(Source: P.A. 91-670, eff. 12-22-99.)
(110 ILCS 947/65.15)
Sec. 65.15. Special education teacher scholarships.
(a) There shall be awarded annually 250 scholarships to
persons qualifying as members of any of the following groups:
(1) Students who are otherwise qualified to receive a
scholarship as provided in subsections (b) and (c) of this
Section and who make application to the Commission for such
scholarship and agree to take courses that will prepare the
student for the teaching of children described in Section
14-1 of the School Code.
(2) Persons holding a valid certificate issued under
the laws relating to the certification of teachers and who
make application to the Commission for such scholarship and
agree to take courses that will prepare them for the
teaching of children described in Section 14-1 of the
School Code.
(3) Persons who (A) have graduated high school; (B)
have not been certified as a teacher; and (C) make
application to the Commission for such scholarship and
agree to take courses that will prepare them for the
teaching of children described in Section 14-1 of the
School Code.

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Scholarships awarded under this Section shall be issued
pursuant to regulations promulgated by the Commission;
provided that no rule or regulation promulgated by the State
Board of Education prior to the effective date of this
amendatory Act of 1993 pursuant to the exercise of any right,
power, duty, responsibility or matter of pending business
transferred from the State Board of Education to the Commission
under this Section shall be affected thereby, and all such
rules and regulations shall become the rules and regulations of
the Commission until modified or changed by the Commission in
accordance with law.
For the purposes of this Section scholarships awarded each
school year shall be deemed to be issued on July 1 of the year
prior to the start of the postsecondary school term and all
calculations for use of the scholarship shall be based on such
date. Each scholarship shall entitle its holder to exemption
from fees as provided in subsection (a) of Section 65.40 while
enrolled in a special education program of teacher education,
for a period of not more than 4 calendar years and shall be
available for use at any time during such period of study
except as provided in subsection (b) of Section 65.40.
Scholarships issued to holders of a valid certificate
issued under the laws relating to the certification of teachers
as provided in paragraph (2) of this subsection may also
entitle the holder thereof to a program of teacher education
that will prepare the student for the teaching of children

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described in Section 14-1 of the School Code at the graduate
level.
(b) The principal, or his or her designee, of an approved
high school shall certify to the Commission, for students who
are Illinois residents and are completing an application, that
the students ranked scholastically in the upper one-half of
their graduating class at the end of the sixth semester.
(c) Each holder of a scholarship must furnish proof to the
Commission, in such form and at such intervals as the
Commission prescribes, of the holder's continued enrollment in
a teacher education program qualifying the holder for the
scholarship. Any holder of a scholarship who fails to register
in a special education program of teacher education at the
university within 10 days after the commencement of the term,
quarter or semester immediately following the receipt of the
scholarship or who, having registered, withdraws from the
university or transfers out of teacher education, shall
thereupon forfeit the right to use it and it may be granted to
the person having the next highest rank as shown on the list
held by the Commission. If the person having the next highest
rank, within 10 days after notification thereof by the
Commission, fails to register at any such university in a
special education program of teacher education, or who, having
registered, withdraws from the university or transfers out of
teacher education, the scholarship may then be granted to the
person shown on the list as having the rank next below such

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person.
(d) Any person who has accepted a scholarship under the
preceding subsections of this Section must, within one year
after graduation from or termination of enrollment in a teacher
education program, begin teaching at a nonprofit Illinois
public, private, or parochial preschool or elementary or
secondary school for a period of at least 2 of the 5 years
immediately following that graduation or termination,
excluding, however, from the computation of that 5 year period
(i) any time up to 3 years spent in the military service,
whether such service occurs before or after the person
graduates; (ii) any time that person is enrolled full-time in
an academic program related to the field of teaching leading to
a graduate or postgraduate degree; (iii) the time that person
is a person with a temporary total disability temporarily
totally disabled for a period of time not to exceed 3 years, as
established by the sworn affidavit of a qualified physician;
(iv) the time that person is seeking and unable to find full
time employment as a teacher at an Illinois public, private, or
parochial school; (v) the time that person is taking additional
courses, on at least a half-time basis, needed to obtain
certification as a teacher in Illinois; or (vi) the time that
person is fulfilling teaching requirements associated with
other programs administered by the Commission if he or she
cannot concurrently fulfill them under this Section in a period
of time equal to the length of the teaching obligation.

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A person who has accepted a scholarship under the preceding
subsections of this Section and who has been unable to fulfill
the teaching requirements of this Section may receive a
deferment from the obligation of repayment under this
subsection (d) under guidelines established by the Commission;
provided that no guideline established for any such purpose by
the State Board of Education prior to the effective date of
this amendatory Act of 1993 shall be affected by the transfer
to the Commission of the responsibility for administering and
implementing the provisions of this Section, and all guidelines
so established shall become the guidelines of the Commission
until modified or changed by the Commission.
Any such person who fails to fulfill this teaching
requirement shall pay to the Commission the amount of tuition
waived by virtue of his or her acceptance of the scholarship,
together with interest at 5% per year on that amount. However,
this obligation to repay the amount of tuition waived plus
interest does not apply when the failure to fulfill the
teaching requirement results from the death or adjudication as
a person under legal disability of the person holding the
scholarship, and no claim for repayment may be filed against
the estate of such a decedent or person under legal disability.
Payments received by the Commission under this subsection (d)
shall be remitted to the State Treasurer for deposit in the
General Revenue Fund. Each person receiving a scholarship shall
be provided with a description of the provisions of this

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subsection (d) at the time he or she qualifies for the benefits
of such a scholarship.
(e) This Section is basically the same as Sections 30-1,
30-2, 30-3, and 30-4a of the School Code, which are repealed by
this amendatory Act of 1993, and shall be construed as a
continuation of the teacher scholarship program established by
that prior law, and not as a new or different teacher
scholarship program. The State Board of Education shall
transfer to the Commission, as the successor to the State Board
of Education for all purposes of administering and implementing
the provisions of this Section, all books, accounts, records,
papers, documents, contracts, agreements, and pending business
in any way relating to the teacher scholarship program
continued under this Section; and all scholarships at any time
awarded under that program by, and all applications for any
such scholarships at any time made to, the State Board of
Education shall be unaffected by the transfer to the Commission
of all responsibility for the administration and
implementation of the teacher scholarship program continued
under this Section. The State Board of Education shall furnish
to the Commission such other information as the Commission may
request to assist it in administering this Section.
(Source: P.A. 94-133, eff. 7-1-06.)
(110 ILCS 947/65.70)
Sec. 65.70. Optometric Education Scholarship Program.

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(a) The General Assembly finds and declares that the
provision of graduate education leading to a doctoral degree in
optometry for persons of this State who desire such an
education is important to the health and welfare of this State
and Nation and, consequently, is an important public purpose.
Many qualified potential optometrists are deterred by
financial considerations from pursuing their optometric
education with consequent irreparable loss to the State and
Nation of talents vital to health and welfare. A program of
scholarships, repayment of which may be excused if the
individual practices professional optometry in this State,
will enable such individuals to attend qualified public or
private institutions of their choice in the State.
(b) Beginning with the 2003-2004 academic year, the
Commission shall, each year, consider applications for
scholarship assistance under this Section. An applicant is
eligible for a scholarship under this Section if the Commission
finds that the applicant is:
(1) a United States citizen or eligible noncitizen;
(2) a resident of Illinois; and
(3) enrolled on a full-time basis in a public or
private college of optometry located in this State that
awards a doctorate degree in optometry and is approved by
the Department of Professional Regulation.
(c) Each year the Commission shall award 10 scholarships
under this Section among applicants qualified pursuant to

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subsection (b). Two of these scholarships each shall be awarded
to eligible applicants enrolled in their first year, second
year, third year, and fourth year. The remaining 2 scholarships
shall be awarded to any level of student. The Commission shall
receive funding for the scholarships through appropriations
from the Optometric Licensing and Disciplinary Board Fund. If
in any year the number of qualified applicants exceeds the
number of scholarships to be awarded, the Commission shall give
priority in awarding scholarships to students demonstrating
exceptional merit and who are in financial need. A scholarship
shall be in the amount of $5,000 each year applicable to
tuition and fees.
(d) The total amount of scholarship assistance awarded by
the Commission under this Section to an individual in any given
fiscal year, when added to other financial assistance awarded
to that individual for that year, shall not exceed the cost of
attendance at the institution at which the student is enrolled.
(e) A recipient may receive up to 8 semesters or 12
quarters of scholarship assistance under this Section.
(f) Subject to a separate appropriation made for such
purposes, payment of any scholarship awarded under this Section
shall be determined by the Commission. All scholarship funds
distributed in accordance with this Section shall be paid to
the institution on behalf of the recipients. Scholarship funds
are applicable toward 2 semesters or 3 quarters of enrollment
within an academic year.

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(g) The Commission shall administer the Optometric
Education Scholarship Program established by this Section and
shall make all necessary and proper rules not inconsistent with
this Section for its effective implementation.
(h) Prior to receiving scholarship assistance for any
academic year, each recipient of a scholarship awarded under
this Section shall be required by the Commission to sign an
agreement under which the recipient pledges that, within the
one-year period following the termination of the academic
program for which the recipient was awarded a scholarship, the
recipient shall practice in this State as a licensed
optometrist under the Illinois Optometric Practice Act of 1987
for a period of not less than one year for each year of
scholarship assistance awarded under this Section. Each
recipient shall, upon request of the Commission, provide the
Commission with evidence that he or she is fulfilling or has
fulfilled the terms of the practice agreement provided for in
this subsection.
(i) If a recipient of a scholarship awarded under this
Section fails to fulfill the practice obligation set forth in
subsection (h) of this Section, the Commission shall require
the recipient to repay the amount of the scholarships received,
prorated according to the fraction of the obligation not
completed, plus interest at a rate of 5% and, if applicable,
reasonable collection fees. The Commission is authorized to
establish rules relating to its collection activities for

HB4049 Enrolled - 901 - LRB099 03667 KTG 23678 b
repayment of scholarships under this Section.
(j) A recipient of a scholarship awarded by the Commission
under this Section shall not be in violation of the agreement
entered into pursuant to subsection (h) if the recipient (i) is
serving as a member of the armed services of the United States;
(ii) is enrolled in a residency program following graduation at
an approved institution; (iii) is a person with a temporary
total disability temporarily totally disabled, as established
by sworn affidavit of a qualified physician; or (iii) cannot
fulfill the employment obligation due to his or her death,
disability, or incompetency, as established by sworn affidavit
of a qualified physician. No claim for repayment may be filed
against the estate of such a decedent or incompetent. Any
extension of the period during which the employment requirement
must be fulfilled shall be subject to limitations of duration
as established by the Commission.
(Source: P.A. 92-569, eff. 6-26-02.)
(110 ILCS 947/105)
Sec. 105. Procedure on default. Upon default by the
borrower on any loan guaranteed under this Act, upon the death
of the borrower, or upon report from the lender that the
borrower has become a person with a total and permanent
disability totally and permanently disabled, as determined in
accordance with the Higher Education Act of 1965, the lender
shall promptly notify the Commission, and the Commission shall

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pay to the lender the amount of loss sustained by the lender
upon that loan as soon as that amount has been determined. The
amount of loss on any loan shall be determined in accordance
with the definitions, rules, and regulations of the Commission,
and shall not exceed (1) the unpaid balance of the principal
amount; (2) the unpaid accrued interest; and (3) the unpaid
late charges.
Upon payment by the Commission of the guaranteed portion of
the loss, the Commission shall be subrogated to the rights of
the holder of the obligation upon the insured loan and shall be
entitled to an assignment of the note or other evidence of the
guaranteed loan by the lender. The Commission shall file any
and all lawsuits on delinquent and defaulted student loans in
the County of Cook where venue shall be deemed to be proper. A
defendant may request a change of venue to the county where he
resides, and the court has the authority to grant the change.
Any defendant, within 30 days of service of summons, may file a
written request by mail with the Commission to change venue.
Upon receipt, the Commission shall move the court for the
change of venue.
The Commission shall upon the filing and completion of the
requirements for the "Adjustment of Debts of an Individual with
Regular Income", pursuant to Title 11, Chapter l3 of the United
States Code, proceed to collect the outstanding balance of the
loan guaranteed under this Act. Educational loans guaranteed
under this Act shall not be discharged by the filing of the

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"Adjustment of Debts of an Individual with Regular Income",
unless the loan first became due more than 5 years, exclusive
of any applicable suspension period, prior to the filing of the
petition; or unless excepting the debt from discharge will
impose an undue hardship on the debtor and the debtor's
dependents.
The Commission shall proceed to recover educational loans
upon the filing of a petition under "Individual Liquidation",
pursuant to Title 11, Chapter 7 of the United States Code,
unless the loan first became due more than 5 years, exclusive
of any applicable suspension period, prior to the filing of the
petition; or unless excepting the debt from discharge will
impose an undue hardship on the debtor and the debtor's
dependents.
Nothing in this Section shall be construed to preclude any
forbearance for the benefit of the borrower which may be agreed
upon by the party to the guaranteed loan and approved by the
Commission, to preclude forbearance by the Commission in the
enforcement of the guaranteed obligation after payment on that
guarantee, or to require collection of the amount of any loan
by the lender or by the Commission from the estate of a
deceased borrower or from a borrower found by the lender to
have become a person with a total and permanent disability
permanently and totally disabled.
Nothing in this Section shall be construed to excuse the
holder of a loan from exercising reasonable care and diligence

HB4049 Enrolled - 904 - LRB099 03667 KTG 23678 b
in the making and collection of loans under this Act. If the
Commission after reasonable notice and opportunity for hearing
to a lender finds that it has substantially failed to exercise
such care and diligence, the Commission shall disqualify that
lender for the guarantee of further loans until the Commission
is satisfied that the lender's failure has ceased and finds
that there is reasonable assurance that the lender will in the
future exercise necessary care and diligence or comply with the
rules and regulations of the Commission.
(Source: P.A. 87-997.)
Section 470. The Nurse Educator Assistance Act is amended
by changing Section 15-30 as follows:
(110 ILCS 967/15-30)
Sec. 15-30. Repayment upon default; exception.
(a) If a recipient of a scholarship awarded under this
Section fails to fulfill the work agreement required under the
program, the Commission shall require the recipient to repay
the amount of the scholarship or scholarships received,
prorated according to the fraction of the work agreement not
completed, plus interest at a rate of 5% and, if applicable,
reasonable collection fees.
(b) Payments received by the Commission under this Section
shall be remitted to the State Comptroller for deposit into the
General Revenue Fund, except that that portion of a recipient's

HB4049 Enrolled - 905 - LRB099 03667 KTG 23678 b
repayment that equals the amount in expenses that the
Commission has reasonably incurred in attempting collection
from that recipient shall be remitted to the State Comptroller
for deposit into the Commission's Accounts Receivable Fund.
(c) A recipient of a scholarship awarded by the Commission
under the program shall not be in violation of the agreement
entered into pursuant to this Article if the recipient is (i)
serving as a member of the armed services of the United States,
(ii) a person with a temporary total disability temporarily
totally disabled, as established by a sworn affidavit of a
qualified physician, (iii) seeking and unable to find full-time
employment as a nursing educator and is able to provide
evidence of that fact, or (iv) taking additional courses, on at
least a half-time basis, related to nursing education. Any
extension of the period during which the work requirement must
be fulfilled shall be subject to limitations of duration
established by the Commission.
(Source: P.A. 94-1020, eff. 7-11-06.)
Section 475. The Senior Citizen Courses Act is amended by
changing Section 1 as follows:
(110 ILCS 990/1) (from Ch. 144, par. 1801)
Sec. 1. Definitions. For the purposes of this Act:
(a) "Public institutions of higher education" means the
University of Illinois, Southern Illinois University, Chicago

HB4049 Enrolled - 906 - LRB099 03667 KTG 23678 b
State University, Eastern Illinois University, Governors State
University, Illinois State University, Northeastern Illinois
University, Northern Illinois University, Western Illinois
University, and the public community colleges subject to the
"Public Community College Act".
(b) "Credit Course" means any program of study for which
public institutions of higher education award credit hours.
(c) "Senior citizen" means any person 65 years or older
whose annual household income is less than the threshold amount
provided in Section 4 of the "Senior Citizens and Persons with
Disabilities Disabled Persons Property Tax Relief Act",
approved July 17, 1972, as amended.
(Source: P.A. 97-689, eff. 6-14-12.)
Section 480. The Illinois Banking Act is amended by
changing Section 48.1 as follows:
(205 ILCS 5/48.1) (from Ch. 17, par. 360)
Sec. 48.1. Customer financial records; confidentiality.
(a) For the purpose of this Section, the term "financial
records" means any original, any copy, or any summary of:
(1) a document granting signature authority over a
deposit or account;
(2) a statement, ledger card or other record on any
deposit or account, which shows each transaction in or with
respect to that account;

HB4049 Enrolled - 907 - LRB099 03667 KTG 23678 b
(3) a check, draft or money order drawn on a bank or
issued and payable by a bank; or
(4) any other item containing information pertaining
to any relationship established in the ordinary course of a
bank's business between a bank and its customer, including
financial statements or other financial information
provided by the customer.
(b) This Section does not prohibit:
(1) The preparation, examination, handling or
maintenance of any financial records by any officer,
employee or agent of a bank having custody of the records,
or the examination of the records by a certified public
accountant engaged by the bank to perform an independent
audit.
(2) The examination of any financial records by, or the
furnishing of financial records by a bank to, any officer,
employee or agent of (i) the Commissioner of Banks and Real
Estate, (ii) after May 31, 1997, a state regulatory
authority authorized to examine a branch of a State bank
located in another state, (iii) the Comptroller of the
Currency, (iv) the Federal Reserve Board, or (v) the
Federal Deposit Insurance Corporation for use solely in the
exercise of his duties as an officer, employee, or agent.
(3) The publication of data furnished from financial
records relating to customers where the data cannot be
identified to any particular customer or account.

HB4049 Enrolled - 908 - LRB099 03667 KTG 23678 b
(4) The making of reports or returns required under
Chapter 61 of the Internal Revenue Code of 1986.
(5) Furnishing information concerning the dishonor of
any negotiable instrument permitted to be disclosed under
the Uniform Commercial Code.
(6) The exchange in the regular course of business of
(i) credit information between a bank and other banks or
financial institutions or commercial enterprises, directly
or through a consumer reporting agency or (ii) financial
records or information derived from financial records
between a bank and other banks or financial institutions or
commercial enterprises for the purpose of conducting due
diligence pursuant to a purchase or sale involving the bank
or assets or liabilities of the bank.
(7) The furnishing of information to the appropriate
law enforcement authorities where the bank reasonably
believes it has been the victim of a crime.
(8) The furnishing of information under the Uniform
Disposition of Unclaimed Property Act.
(9) The furnishing of information under the Illinois
Income Tax Act and the Illinois Estate and
Generation-Skipping Transfer Tax Act.
(10) The furnishing of information under the federal
Currency and Foreign Transactions Reporting Act Title 31,
United States Code, Section 1051 et seq.
(11) The furnishing of information under any other

HB4049 Enrolled - 909 - LRB099 03667 KTG 23678 b
statute that by its terms or by regulations promulgated
thereunder requires the disclosure of financial records
other than by subpoena, summons, warrant, or court order.
(12) The furnishing of information about the existence
of an account of a person to a judgment creditor of that
person who has made a written request for that information.
(13) The exchange in the regular course of business of
information between commonly owned banks in connection
with a transaction authorized under paragraph (23) of
Section 5 and conducted at an affiliate facility.
(14) The furnishing of information in accordance with
the federal Personal Responsibility and Work Opportunity
Reconciliation Act of 1996. Any bank governed by this Act
shall enter into an agreement for data exchanges with a
State agency provided the State agency pays to the bank a
reasonable fee not to exceed its actual cost incurred. A
bank providing information in accordance with this item
shall not be liable to any account holder or other person
for any disclosure of information to a State agency, for
encumbering or surrendering any assets held by the bank in
response to a lien or order to withhold and deliver issued
by a State agency, or for any other action taken pursuant
to this item, including individual or mechanical errors,
provided the action does not constitute gross negligence or
willful misconduct. A bank shall have no obligation to
hold, encumber, or surrender assets until it has been

HB4049 Enrolled - 910 - LRB099 03667 KTG 23678 b
served with a subpoena, summons, warrant, court or
administrative order, lien, or levy.
(15) The exchange in the regular course of business of
information between a bank and any commonly owned affiliate
of the bank, subject to the provisions of the Financial
Institutions Insurance Sales Law.
(16) The furnishing of information to law enforcement
authorities, the Illinois Department on Aging and its
regional administrative and provider agencies, the
Department of Human Services Office of Inspector General,
or public guardians: (i) upon subpoena by the investigatory
entity or the guardian, or (ii) if there is suspicion by
the bank that a customer who is an elderly person or person
with a disability or disabled person has been or may become
the victim of financial exploitation. For the purposes of
this item (16), the term: (i) "elderly person" means a
person who is 60 or more years of age, (ii) "disabled
person" means a person who has or reasonably appears to the
bank to have a physical or mental disability that impairs
his or her ability to seek or obtain protection from or
prevent financial exploitation, and (iii) "financial
exploitation" means tortious or illegal use of the assets
or resources of an elderly or disabled person, and
includes, without limitation, misappropriation of the
elderly or disabled person's assets or resources by undue
influence, breach of fiduciary relationship, intimidation,

HB4049 Enrolled - 911 - LRB099 03667 KTG 23678 b
fraud, deception, extortion, or the use of assets or
resources in any manner contrary to law. A bank or person
furnishing information pursuant to this item (16) shall be
entitled to the same rights and protections as a person
furnishing information under the Adult Protective Services
Act and the Illinois Domestic Violence Act of 1986.
(17) The disclosure of financial records or
information as necessary to effect, administer, or enforce
a transaction requested or authorized by the customer, or
in connection with:
(A) servicing or processing a financial product or
service requested or authorized by the customer;
(B) maintaining or servicing a customer's account
with the bank; or
(C) a proposed or actual securitization or
secondary market sale (including sales of servicing
rights) related to a transaction of a customer.
Nothing in this item (17), however, authorizes the sale
of the financial records or information of a customer
without the consent of the customer.
(18) The disclosure of financial records or
information as necessary to protect against actual or
potential fraud, unauthorized transactions, claims, or
other liability.
(19)(a) The disclosure of financial records or
information related to a private label credit program

HB4049 Enrolled - 912 - LRB099 03667 KTG 23678 b
between a financial institution and a private label party
in connection with that private label credit program. Such
information is limited to outstanding balance, available
credit, payment and performance and account history,
product references, purchase information, and information
related to the identity of the customer.
(b)(l) For purposes of this paragraph (19) of
subsection (b) of Section 48.1, a "private label credit
program" means a credit program involving a financial
institution and a private label party that is used by a
customer of the financial institution and the private label
party primarily for payment for goods or services sold,
manufactured, or distributed by a private label party.
(2) For purposes of this paragraph (19) of subsection
(b) of Section 48.l, a "private label party" means, with
respect to a private label credit program, any of the
following: a retailer, a merchant, a manufacturer, a trade
group, or any such person's affiliate, subsidiary, member,
agent, or service provider.
(c) Except as otherwise provided by this Act, a bank may
not disclose to any person, except to the customer or his duly
authorized agent, any financial records or financial
information obtained from financial records relating to that
customer of that bank unless:
(1) the customer has authorized disclosure to the
person;

HB4049 Enrolled - 913 - LRB099 03667 KTG 23678 b
(2) the financial records are disclosed in response to
a lawful subpoena, summons, warrant, citation to discover
assets, or court order which meets the requirements of
subsection (d) of this Section; or
(3) the bank is attempting to collect an obligation
owed to the bank and the bank complies with the provisions
of Section 2I of the Consumer Fraud and Deceptive Business
Practices Act.
(d) A bank shall disclose financial records under paragraph
(2) of subsection (c) of this Section under a lawful subpoena,
summons, warrant, citation to discover assets, or court order
only after the bank mails a copy of the subpoena, summons,
warrant, citation to discover assets, or court order to the
person establishing the relationship with the bank, if living,
and, otherwise his personal representative, if known, at his
last known address by first class mail, postage prepaid, unless
the bank is specifically prohibited from notifying the person
by order of court or by applicable State or federal law. A bank
shall not mail a copy of a subpoena to any person pursuant to
this subsection if the subpoena was issued by a grand jury
under the Statewide Grand Jury Act.
(e) Any officer or employee of a bank who knowingly and
willfully furnishes financial records in violation of this
Section is guilty of a business offense and, upon conviction,
shall be fined not more than $1,000.
(f) Any person who knowingly and willfully induces or

HB4049 Enrolled - 914 - LRB099 03667 KTG 23678 b
attempts to induce any officer or employee of a bank to
disclose financial records in violation of this Section is
guilty of a business offense and, upon conviction, shall be
fined not more than $1,000.
(g) A bank shall be reimbursed for costs that are
reasonably necessary and that have been directly incurred in
searching for, reproducing, or transporting books, papers,
records, or other data of a customer required or requested to
be produced pursuant to a lawful subpoena, summons, warrant,
citation to discover assets, or court order. The Commissioner
shall determine the rates and conditions under which payment
may be made.
(Source: P.A. 98-49, eff. 7-1-13.)
Section 485. The Savings Bank Act is amended by changing
Section 4013 as follows:
(205 ILCS 205/4013) (from Ch. 17, par. 7304-13)
Sec. 4013. Access to books and records; communication with
members and shareholders.
(a) Every member or shareholder shall have the right to
inspect books and records of the savings bank that pertain to
his accounts. Otherwise, the right of inspection and
examination of the books and records shall be limited as
provided in this Act, and no other person shall have access to
the books and records nor shall be entitled to a list of the

HB4049 Enrolled - 915 - LRB099 03667 KTG 23678 b
members or shareholders.
(b) For the purpose of this Section, the term "financial
records" means any original, any copy, or any summary of (1) a
document granting signature authority over a deposit or
account; (2) a statement, ledger card, or other record on any
deposit or account that shows each transaction in or with
respect to that account; (3) a check, draft, or money order
drawn on a savings bank or issued and payable by a savings
bank; or (4) any other item containing information pertaining
to any relationship established in the ordinary course of a
savings bank's business between a savings bank and its
customer, including financial statements or other financial
information provided by the member or shareholder.
(c) This Section does not prohibit:
(1) The preparation examination, handling, or
maintenance of any financial records by any officer,
employee, or agent of a savings bank having custody of
records or examination of records by a certified public
accountant engaged by the savings bank to perform an
independent audit.
(2) The examination of any financial records by, or the
furnishing of financial records by a savings bank to, any
officer, employee, or agent of the Commissioner of Banks
and Real Estate or the federal depository institution
regulator for use solely in the exercise of his duties as
an officer, employee, or agent.

HB4049 Enrolled - 916 - LRB099 03667 KTG 23678 b
(3) The publication of data furnished from financial
records relating to members or holders of capital where the
data cannot be identified to any particular member,
shareholder, or account.
(4) The making of reports or returns required under
Chapter 61 of the Internal Revenue Code of 1986.
(5) Furnishing information concerning the dishonor of
any negotiable instrument permitted to be disclosed under
the Uniform Commercial Code.
(6) The exchange in the regular course of business of
(i) credit information between a savings bank and other
savings banks or financial institutions or commercial
enterprises, directly or through a consumer reporting
agency or (ii) financial records or information derived
from financial records between a savings bank and other
savings banks or financial institutions or commercial
enterprises for the purpose of conducting due diligence
pursuant to a purchase or sale involving the savings bank
or assets or liabilities of the savings bank.
(7) The furnishing of information to the appropriate
law enforcement authorities where the savings bank
reasonably believes it has been the victim of a crime.
(8) The furnishing of information pursuant to the
Uniform Disposition of Unclaimed Property Act.
(9) The furnishing of information pursuant to the
Illinois Income Tax Act and the Illinois Estate and

HB4049 Enrolled - 917 - LRB099 03667 KTG 23678 b
Generation-Skipping Transfer Tax Act.
(10) The furnishing of information pursuant to the
federal "Currency and Foreign Transactions Reporting Act",
(Title 31, United States Code, Section 1051 et seq.).
(11) The furnishing of information pursuant to any
other statute which by its terms or by regulations
promulgated thereunder requires the disclosure of
financial records other than by subpoena, summons,
warrant, or court order.
(12) The furnishing of information in accordance with
the federal Personal Responsibility and Work Opportunity
Reconciliation Act of 1996. Any savings bank governed by
this Act shall enter into an agreement for data exchanges
with a State agency provided the State agency pays to the
savings bank a reasonable fee not to exceed its actual cost
incurred. A savings bank providing information in
accordance with this item shall not be liable to any
account holder or other person for any disclosure of
information to a State agency, for encumbering or
surrendering any assets held by the savings bank in
response to a lien or order to withhold and deliver issued
by a State agency, or for any other action taken pursuant
to this item, including individual or mechanical errors,
provided the action does not constitute gross negligence or
willful misconduct. A savings bank shall have no obligation
to hold, encumber, or surrender assets until it has been

HB4049 Enrolled - 918 - LRB099 03667 KTG 23678 b
served with a subpoena, summons, warrant, court or
administrative order, lien, or levy.
(13) The furnishing of information to law enforcement
authorities, the Illinois Department on Aging and its
regional administrative and provider agencies, the
Department of Human Services Office of Inspector General,
or public guardians: (i) upon subpoena by the investigatory
entity or the guardian, or (ii) if there is suspicion by
the savings bank that a customer who is an elderly person
or person with a disability or disabled person has been or
may become the victim of financial exploitation. For the
purposes of this item (13), the term: (i) "elderly person"
means a person who is 60 or more years of age, (ii) "person
with a disability disabled person" means a person who has
or reasonably appears to the savings bank to have a
physical or mental disability that impairs his or her
ability to seek or obtain protection from or prevent
financial exploitation, and (iii) "financial exploitation"
means tortious or illegal use of the assets or resources of
an elderly person or person with a disability or disabled
person, and includes, without limitation, misappropriation
of the elderly or disabled person's assets or resources of
the elderly person or person with a disability by undue
influence, breach of fiduciary relationship, intimidation,
fraud, deception, extortion, or the use of assets or
resources in any manner contrary to law. A savings bank or

HB4049 Enrolled - 919 - LRB099 03667 KTG 23678 b
person furnishing information pursuant to this item (13)
shall be entitled to the same rights and protections as a
person furnishing information under the Adult Protective
Services Act and the Illinois Domestic Violence Act of
1986.
(14) The disclosure of financial records or
information as necessary to effect, administer, or enforce
a transaction requested or authorized by the member or
holder of capital, or in connection with:
(A) servicing or processing a financial product or
service requested or authorized by the member or holder
of capital;
(B) maintaining or servicing an account of a member
or holder of capital with the savings bank; or
(C) a proposed or actual securitization or
secondary market sale (including sales of servicing
rights) related to a transaction of a member or holder
of capital.
Nothing in this item (14), however, authorizes the sale
of the financial records or information of a member or
holder of capital without the consent of the member or
holder of capital.
(15) The exchange in the regular course of business of
information between a savings bank and any commonly owned
affiliate of the savings bank, subject to the provisions of
the Financial Institutions Insurance Sales Law.

HB4049 Enrolled - 920 - LRB099 03667 KTG 23678 b
(16) The disclosure of financial records or
information as necessary to protect against or prevent
actual or potential fraud, unauthorized transactions,
claims, or other liability.
(17)(a) The disclosure of financial records or
information related to a private label credit program
between a financial institution and a private label party
in connection with that private label credit program. Such
information is limited to outstanding balance, available
credit, payment and performance and account history,
product references, purchase information, and information
related to the identity of the customer.
(b)(l) For purposes of this paragraph (17) of
subsection (c) of Section 4013, a "private label credit
program" means a credit program involving a financial
institution and a private label party that is used by a
customer of the financial institution and the private label
party primarily for payment for goods or services sold,
manufactured, or distributed by a private label party.
(2) For purposes of this paragraph (17) of subsection
(c) of Section 4013, a "private label party" means, with
respect to a private label credit program, any of the
following: a retailer, a merchant, a manufacturer, a trade
group, or any such person's affiliate, subsidiary, member,
agent, or service provider.
(d) A savings bank may not disclose to any person, except

HB4049 Enrolled - 921 - LRB099 03667 KTG 23678 b
to the member or holder of capital or his duly authorized
agent, any financial records relating to that member or
shareholder of the savings bank unless:
(1) the member or shareholder has authorized
disclosure to the person; or
(2) the financial records are disclosed in response to
a lawful subpoena, summons, warrant, citation to discover
assets, or court order that meets the requirements of
subsection (e) of this Section.
(e) A savings bank shall disclose financial records under
subsection (d) of this Section pursuant to a lawful subpoena,
summons, warrant, citation to discover assets, or court order
only after the savings bank mails a copy of the subpoena,
summons, warrant, citation to discover assets, or court order
to the person establishing the relationship with the savings
bank, if living, and otherwise, his personal representative, if
known, at his last known address by first class mail, postage
prepaid, unless the savings bank is specifically prohibited
from notifying the person by order of court.
(f) Any officer or employee of a savings bank who knowingly
and willfully furnishes financial records in violation of this
Section is guilty of a business offense and, upon conviction,
shall be fined not more than $1,000.
(g) Any person who knowingly and willfully induces or
attempts to induce any officer or employee of a savings bank to
disclose financial records in violation of this Section is

HB4049 Enrolled - 922 - LRB099 03667 KTG 23678 b
guilty of a business offense and, upon conviction, shall be
fined not more than $1,000.
(h) If any member or shareholder desires to communicate
with the other members or shareholders of the savings bank with
reference to any question pending or to be presented at an
annual or special meeting, the savings bank shall give that
person, upon request, a statement of the approximate number of
members or shareholders entitled to vote at the meeting and an
estimate of the cost of preparing and mailing the
communication. The requesting member shall submit the
communication to the Commissioner who, upon finding it to be
appropriate and truthful, shall direct that it be prepared and
mailed to the members upon the requesting member's or
shareholder's payment or adequate provision for payment of the
expenses of preparation and mailing.
(i) A savings bank shall be reimbursed for costs that are
necessary and that have been directly incurred in searching
for, reproducing, or transporting books, papers, records, or
other data of a customer required to be reproduced pursuant to
a lawful subpoena, warrant, citation to discover assets, or
court order.
(j) Notwithstanding the provisions of this Section, a
savings bank may sell or otherwise make use of lists of
customers' names and addresses. All other information
regarding a customer's account are subject to the disclosure
provisions of this Section. At the request of any customer,

HB4049 Enrolled - 923 - LRB099 03667 KTG 23678 b
that customer's name and address shall be deleted from any list
that is to be sold or used in any other manner beyond
identification of the customer's accounts.
(Source: P.A. 98-49, eff. 7-1-13.)
Section 490. The Illinois Credit Union Act is amended by
changing Section 10 as follows:
(205 ILCS 305/10) (from Ch. 17, par. 4411)
Sec. 10. Credit union records; member financial records.
(1) A credit union shall establish and maintain books,
records, accounting systems and procedures which accurately
reflect its operations and which enable the Department to
readily ascertain the true financial condition of the credit
union and whether it is complying with this Act.
(2) A photostatic or photographic reproduction of any
credit union records shall be admissible as evidence of
transactions with the credit union.
(3)(a) For the purpose of this Section, the term "financial
records" means any original, any copy, or any summary of (1) a
document granting signature authority over an account, (2) a
statement, ledger card or other record on any account which
shows each transaction in or with respect to that account, (3)
a check, draft or money order drawn on a financial institution
or other entity or issued and payable by or through a financial
institution or other entity, or (4) any other item containing

HB4049 Enrolled - 924 - LRB099 03667 KTG 23678 b
information pertaining to any relationship established in the
ordinary course of business between a credit union and its
member, including financial statements or other financial
information provided by the member.
(b) This Section does not prohibit:
(1) The preparation, examination, handling or
maintenance of any financial records by any officer,
employee or agent of a credit union having custody of such
records, or the examination of such records by a certified
public accountant engaged by the credit union to perform an
independent audit.
(2) The examination of any financial records by or the
furnishing of financial records by a credit union to any
officer, employee or agent of the Department, the National
Credit Union Administration, Federal Reserve board or any
insurer of share accounts for use solely in the exercise of
his duties as an officer, employee or agent.
(3) The publication of data furnished from financial
records relating to members where the data cannot be
identified to any particular customer of account.
(4) The making of reports or returns required under
Chapter 61 of the Internal Revenue Code of 1954.
(5) Furnishing information concerning the dishonor of
any negotiable instrument permitted to be disclosed under
the Uniform Commercial Code.
(6) The exchange in the regular course of business of

HB4049 Enrolled - 925 - LRB099 03667 KTG 23678 b
(i) credit information between a credit union and other
credit unions or financial institutions or commercial
enterprises, directly or through a consumer reporting
agency or (ii) financial records or information derived
from financial records between a credit union and other
credit unions or financial institutions or commercial
enterprises for the purpose of conducting due diligence
pursuant to a merger or a purchase or sale of assets or
liabilities of the credit union.
(7) The furnishing of information to the appropriate
law enforcement authorities where the credit union
reasonably believes it has been the victim of a crime.
(8) The furnishing of information pursuant to the
Uniform Disposition of Unclaimed Property Act.
(9) The furnishing of information pursuant to the
Illinois Income Tax Act and the Illinois Estate and
Generation-Skipping Transfer Tax Act.
(10) The furnishing of information pursuant to the
federal "Currency and Foreign Transactions Reporting Act",
Title 31, United States Code, Section 1051 et sequentia.
(11) The furnishing of information pursuant to any
other statute which by its terms or by regulations
promulgated thereunder requires the disclosure of
financial records other than by subpoena, summons, warrant
or court order.
(12) The furnishing of information in accordance with

HB4049 Enrolled - 926 - LRB099 03667 KTG 23678 b
the federal Personal Responsibility and Work Opportunity
Reconciliation Act of 1996. Any credit union governed by
this Act shall enter into an agreement for data exchanges
with a State agency provided the State agency pays to the
credit union a reasonable fee not to exceed its actual cost
incurred. A credit union providing information in
accordance with this item shall not be liable to any
account holder or other person for any disclosure of
information to a State agency, for encumbering or
surrendering any assets held by the credit union in
response to a lien or order to withhold and deliver issued
by a State agency, or for any other action taken pursuant
to this item, including individual or mechanical errors,
provided the action does not constitute gross negligence or
willful misconduct. A credit union shall have no obligation
to hold, encumber, or surrender assets until it has been
served with a subpoena, summons, warrant, court or
administrative order, lien, or levy.
(13) The furnishing of information to law enforcement
authorities, the Illinois Department on Aging and its
regional administrative and provider agencies, the
Department of Human Services Office of Inspector General,
or public guardians: (i) upon subpoena by the investigatory
entity or the guardian, or (ii) if there is suspicion by
the credit union that a member who is an elderly person or
person with a disability or disabled person has been or may

HB4049 Enrolled - 927 - LRB099 03667 KTG 23678 b
become the victim of financial exploitation. For the
purposes of this item (13), the term: (i) "elderly person"
means a person who is 60 or more years of age, (ii) "person
with a disability" "disabled person" means a person who has
or reasonably appears to the credit union to have a
physical or mental disability that impairs his or her
ability to seek or obtain protection from or prevent
financial exploitation, and (iii) "financial exploitation"
means tortious or illegal use of the assets or resources of
an elderly person or person with a disability or disabled
person, and includes, without limitation, misappropriation
of the elderly or disabled person's assets or resources by
undue influence, breach of fiduciary relationship,
intimidation, fraud, deception, extortion, or the use of
assets or resources in any manner contrary to law. A credit
union or person furnishing information pursuant to this
item (13) shall be entitled to the same rights and
protections as a person furnishing information under the
Adult Protective Services Act and the Illinois Domestic
Violence Act of 1986.
(14) The disclosure of financial records or
information as necessary to effect, administer, or enforce
a transaction requested or authorized by the member, or in
connection with:
(A) servicing or processing a financial product or
service requested or authorized by the member;

HB4049 Enrolled - 928 - LRB099 03667 KTG 23678 b
(B) maintaining or servicing a member's account
with the credit union; or
(C) a proposed or actual securitization or
secondary market sale (including sales of servicing
rights) related to a transaction of a member.
Nothing in this item (14), however, authorizes the sale
of the financial records or information of a member without
the consent of the member.
(15) The disclosure of financial records or
information as necessary to protect against or prevent
actual or potential fraud, unauthorized transactions,
claims, or other liability.
(16)(a) The disclosure of financial records or
information related to a private label credit program
between a financial institution and a private label party
in connection with that private label credit program. Such
information is limited to outstanding balance, available
credit, payment and performance and account history,
product references, purchase information, and information
related to the identity of the customer.
(b)(l) For purposes of this paragraph (16) of
subsection (b) of Section 10, a "private label credit
program" means a credit program involving a financial
institution and a private label party that is used by a
customer of the financial institution and the private label
party primarily for payment for goods or services sold,

HB4049 Enrolled - 929 - LRB099 03667 KTG 23678 b
manufactured, or distributed by a private label party.
(2) For purposes of this paragraph (16) of subsection
(b) of Section 10, a "private label party" means, with
respect to a private label credit program, any of the
following: a retailer, a merchant, a manufacturer, a trade
group, or any such person's affiliate, subsidiary, member,
agent, or service provider.
(c) Except as otherwise provided by this Act, a credit
union may not disclose to any person, except to the member or
his duly authorized agent, any financial records relating to
that member of the credit union unless:
(1) the member has authorized disclosure to the person;
(2) the financial records are disclosed in response to
a lawful subpoena, summons, warrant, citation to discover
assets, or court order that meets the requirements of
subparagraph (d) of this Section; or
(3) the credit union is attempting to collect an
obligation owed to the credit union and the credit union
complies with the provisions of Section 2I of the Consumer
Fraud and Deceptive Business Practices Act.
(d) A credit union shall disclose financial records under
subparagraph (c)(2) of this Section pursuant to a lawful
subpoena, summons, warrant, citation to discover assets, or
court order only after the credit union mails a copy of the
subpoena, summons, warrant, citation to discover assets, or
court order to the person establishing the relationship with

HB4049 Enrolled - 930 - LRB099 03667 KTG 23678 b
the credit union, if living, and otherwise his personal
representative, if known, at his last known address by first
class mail, postage prepaid unless the credit union is
specifically prohibited from notifying the person by order of
court or by applicable State or federal law. In the case of a
grand jury subpoena, a credit union shall not mail a copy of a
subpoena to any person pursuant to this subsection if the
subpoena was issued by a grand jury under the Statewide Grand
Jury Act or notifying the person would constitute a violation
of the federal Right to Financial Privacy Act of 1978.
(e)(1) Any officer or employee of a credit union who
knowingly and wilfully furnishes financial records in
violation of this Section is guilty of a business offense and
upon conviction thereof shall be fined not more than $1,000.
(2) Any person who knowingly and wilfully induces or
attempts to induce any officer or employee of a credit union to
disclose financial records in violation of this Section is
guilty of a business offense and upon conviction thereof shall
be fined not more than $1,000.
(f) A credit union shall be reimbursed for costs which are
reasonably necessary and which have been directly incurred in
searching for, reproducing or transporting books, papers,
records or other data of a member required or requested to be
produced pursuant to a lawful subpoena, summons, warrant,
citation to discover assets, or court order. The Secretary and
the Director may determine, by rule, the rates and conditions

HB4049 Enrolled - 931 - LRB099 03667 KTG 23678 b
under which payment shall be made. Delivery of requested
documents may be delayed until final reimbursement of all costs
is received.
(Source: P.A. 97-133, eff. 1-1-12; 98-49, eff. 7-1-13.)
Section 495. The Assisted Living and Shared Housing Act is
amended by changing Section 75 as follows:
(210 ILCS 9/75)
Sec. 75. Residency Requirements.
(a) No individual shall be accepted for residency or remain
in residence if the establishment cannot provide or secure
appropriate services, if the individual requires a level of
service or type of service for which the establishment is not
licensed or which the establishment does not provide, or if the
establishment does not have the staff appropriate in numbers
and with appropriate skill to provide such services.
(b) Only adults may be accepted for residency.
(c) A person shall not be accepted for residency if:
(1) the person poses a serious threat to himself or
herself or to others;
(2) the person is not able to communicate his or her
needs and no resident representative residing in the
establishment, and with a prior relationship to the person,
has been appointed to direct the provision of services;
(3) the person requires total assistance with 2 or more

HB4049 Enrolled - 932 - LRB099 03667 KTG 23678 b
activities of daily living;
(4) the person requires the assistance of more than one
paid caregiver at any given time with an activity of daily
living;
(5) the person requires more than minimal assistance in
moving to a safe area in an emergency;
(6) the person has a severe mental illness, which for
the purposes of this Section means a condition that is
characterized by the presence of a major mental disorder as
classified in the Diagnostic and Statistical Manual of
Mental Disorders, Fourth Edition (DSM-IV) (American
Psychiatric Association, 1994), where the individual is a
person with a substantial disability substantially
disabled due to mental illness in the areas of
self-maintenance, social functioning, activities of
community living and work skills, and the disability
specified is expected to be present for a period of not
less than one year, but does not mean Alzheimer's disease
and other forms of dementia based on organic or physical
disorders;
(7) the person requires intravenous therapy or
intravenous feedings unless self-administered or
administered by a qualified, licensed health care
professional;
(8) the person requires gastrostomy feedings unless
self-administered or administered by a licensed health

HB4049 Enrolled - 933 - LRB099 03667 KTG 23678 b
care professional;
(9) the person requires insertion, sterile irrigation,
and replacement of catheter, except for routine
maintenance of urinary catheters, unless the catheter care
is self-administered or administered by a licensed health
care professional;
(10) the person requires sterile wound care unless care
is self-administered or administered by a licensed health
care professional;
(11) the person requires sliding scale insulin
administration unless self-performed or administered by a
licensed health care professional;
(12) the person is a diabetic requiring routine insulin
injections unless the injections are self-administered or
administered by a licensed health care professional;
(13) the person requires treatment of stage 3 or stage
4 decubitus ulcers or exfoliative dermatitis;
(14) the person requires 5 or more skilled nursing
visits per week for conditions other than those listed in
items (13) and (15) of this subsection for a period of 3
consecutive weeks or more except when the course of
treatment is expected to extend beyond a 3 week period for
rehabilitative purposes and is certified as temporary by a
physician; or
(15) other reasons prescribed by the Department by
rule.

HB4049 Enrolled - 934 - LRB099 03667 KTG 23678 b
(d) A resident with a condition listed in items (1) through
(15) of subsection (c) shall have his or her residency
terminated.
(e) Residency shall be terminated when services available
to the resident in the establishment are no longer adequate to
meet the needs of the resident. This provision shall not be
interpreted as limiting the authority of the Department to
require the residency termination of individuals.
(f) Subsection (d) of this Section shall not apply to
terminally ill residents who receive or would qualify for
hospice care and such care is coordinated by a hospice program
licensed under the Hospice Program Licensing Act or other
licensed health care professional employed by a licensed home
health agency and the establishment and all parties agree to
the continued residency.
(g) Items (3), (4), (5), and (9) of subsection (c) shall
not apply to a quadriplegic, paraplegic, or individual with
neuro-muscular diseases, such as muscular dystrophy and
multiple sclerosis, or other chronic diseases and conditions as
defined by rule if the individual is able to communicate his or
her needs and does not require assistance with complex medical
problems, and the establishment is able to accommodate the
individual's needs. The Department shall prescribe rules
pursuant to this Section that address special safety and
service needs of these individuals.
(h) For the purposes of items (7) through (10) of

HB4049 Enrolled - 935 - LRB099 03667 KTG 23678 b
subsection (c), a licensed health care professional may not be
employed by the owner or operator of the establishment, its
parent entity, or any other entity with ownership common to
either the owner or operator of the establishment or parent
entity, including but not limited to an affiliate of the owner
or operator of the establishment. Nothing in this Section is
meant to limit a resident's right to choose his or her health
care provider.
(i) Subsection (h) is not applicable to residents admitted
to an assisted living establishment under a life care contract
as defined in the Life Care Facilities Act if the life care
facility has both an assisted living establishment and a
skilled nursing facility. A licensed health care professional
providing health-related or supportive services at a life care
assisted living or shared housing establishment must be
employed by an entity licensed by the Department under the
Nursing Home Care Act or the Home Health, Home Services, and
Home Nursing Agency Licensing Act.
(Source: P.A. 94-256, eff. 7-19-05; 94-570, eff. 8-12-05;
95-216, eff. 8-16-07; 95-331, eff. 8-21-07.)
Section 500. The Abused and Neglected Long Term Care
Facility Residents Reporting Act is amended by changing Section
6 as follows:
(210 ILCS 30/6) (from Ch. 111 1/2, par. 4166)

HB4049 Enrolled - 936 - LRB099 03667 KTG 23678 b
Sec. 6. All reports of suspected abuse or neglect made
under this Act shall be made immediately by telephone to the
Department's central register established under Section 14 on
the single, State-wide, toll-free telephone number established
under Section 13, or in person or by telephone through the
nearest Department office. No long term care facility
administrator, agent or employee, or any other person, shall
screen reports or otherwise withhold any reports from the
Department, and no long term care facility, department of State
government, or other agency shall establish any rules,
criteria, standards or guidelines to the contrary. Every long
term care facility, department of State government and other
agency whose employees are required to make or cause to be made
reports under Section 4 shall notify its employees of the
provisions of that Section and of this Section, and provide to
the Department documentation that such notification has been
given. The Department of Human Services shall train all of its
mental health and developmental disabilities employees in the
detection and reporting of suspected abuse and neglect of
residents. Reports made to the central register through the
State-wide, toll-free telephone number shall be transmitted to
appropriate Department offices and municipal health
departments that have responsibility for licensing long term
care facilities under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, or the
ID/DD Community Care Act. All reports received through offices

HB4049 Enrolled - 937 - LRB099 03667 KTG 23678 b
of the Department shall be forwarded to the central register,
in a manner and form described by the Department. The
Department shall be capable of receiving reports of suspected
abuse and neglect 24 hours a day, 7 days a week. Reports shall
also be made in writing deposited in the U.S. mail, postage
prepaid, within 24 hours after having reasonable cause to
believe that the condition of the resident resulted from abuse
or neglect. Such reports may in addition be made to the local
law enforcement agency in the same manner. However, in the
event a report is made to the local law enforcement agency, the
reporter also shall immediately so inform the Department. The
Department shall initiate an investigation of each report of
resident abuse and neglect under this Act, whether oral or
written, as provided for in Section 3-702 of the Nursing Home
Care Act, Section 2-208 of the Specialized Mental Health
Rehabilitation Act of 2013, or Section 3-702 of the ID/DD
Community Care Act, except that reports of abuse which indicate
that a resident's life or safety is in imminent danger shall be
investigated within 24 hours of such report. The Department may
delegate to law enforcement officials or other public agencies
the duty to perform such investigation.
With respect to investigations of reports of suspected
abuse or neglect of residents of mental health and
developmental disabilities institutions under the jurisdiction
of the Department of Human Services, the Department shall
transmit copies of such reports to the Department of State

HB4049 Enrolled - 938 - LRB099 03667 KTG 23678 b
Police, the Department of Human Services, and the Inspector
General appointed under Section 1-17 of the Department of Human
Services Act. If the Department receives a report of suspected
abuse or neglect of a recipient of services as defined in
Section 1-123 of the Mental Health and Developmental
Disabilities Code, the Department shall transmit copies of such
report to the Inspector General and the Directors of the
Guardianship and Advocacy Commission and the agency designated
by the Governor pursuant to the Protection and Advocacy for
Persons with Developmental Disabilities Developmentally
Disabled Persons Act. When requested by the Director of the
Guardianship and Advocacy Commission, the agency designated by
the Governor pursuant to the Protection and Advocacy for
Persons with Developmental Disabilities Developmentally
Disabled Persons Act, or the Department of Financial and
Professional Regulation, the Department, the Department of
Human Services and the Department of State Police shall make
available a copy of the final investigative report regarding
investigations conducted by their respective agencies on
incidents of suspected abuse or neglect of residents of mental
health and developmental disabilities institutions or
individuals receiving services at community agencies under the
jurisdiction of the Department of Human Services. Such final
investigative report shall not contain witness statements,
investigation notes, draft summaries, results of lie detector
tests, investigative files or other raw data which was used to

HB4049 Enrolled - 939 - LRB099 03667 KTG 23678 b
compile the final investigative report. Specifically, the
final investigative report of the Department of State Police
shall mean the Director's final transmittal letter. The
Department of Human Services shall also make available a copy
of the results of disciplinary proceedings of employees
involved in incidents of abuse or neglect to the Directors. All
identifiable information in reports provided shall not be
further disclosed except as provided by the Mental Health and
Developmental Disabilities Confidentiality Act. Nothing in
this Section is intended to limit or construe the power or
authority granted to the agency designated by the Governor
pursuant to the Protection and Advocacy for Persons with
Developmental Disabilities Developmentally Disabled Persons
Act, pursuant to any other State or federal statute.
With respect to investigations of reported resident abuse
or neglect, the Department shall effect with appropriate law
enforcement agencies formal agreements concerning methods and
procedures for the conduct of investigations into the criminal
histories of any administrator, staff assistant or employee of
the nursing home or other person responsible for the residents
care, as well as for other residents in the nursing home who
may be in a position to abuse, neglect or exploit the patient.
Pursuant to the formal agreements entered into with appropriate
law enforcement agencies, the Department may request
information with respect to whether the person or persons set
forth in this paragraph have ever been charged with a crime and

HB4049 Enrolled - 940 - LRB099 03667 KTG 23678 b
if so, the disposition of those charges. Unless the criminal
histories of the subjects involved crimes of violence or
resident abuse or neglect, the Department shall be entitled
only to information limited in scope to charges and their
dispositions. In cases where prior crimes of violence or
resident abuse or neglect are involved, a more detailed report
can be made available to authorized representatives of the
Department, pursuant to the agreements entered into with
appropriate law enforcement agencies. Any criminal charges and
their disposition information obtained by the Department shall
be confidential and may not be transmitted outside the
Department, except as required herein, to authorized
representatives or delegates of the Department, and may not be
transmitted to anyone within the Department who is not duly
authorized to handle resident abuse or neglect investigations.
The Department shall effect formal agreements with
appropriate law enforcement agencies in the various counties
and communities to encourage cooperation and coordination in
the handling of resident abuse or neglect cases pursuant to
this Act. The Department shall adopt and implement methods and
procedures to promote statewide uniformity in the handling of
reports of abuse and neglect under this Act, and those methods
and procedures shall be adhered to by personnel of the
Department involved in such investigations and reporting. The
Department shall also make information required by this Act
available to authorized personnel within the Department, as

HB4049 Enrolled - 941 - LRB099 03667 KTG 23678 b
well as its authorized representatives.
The Department shall keep a continuing record of all
reports made pursuant to this Act, including indications of the
final determination of any investigation and the final
disposition of all reports.
The Department shall report annually to the General
Assembly on the incidence of abuse and neglect of long term
care facility residents, with special attention to residents
who are persons with mental disabilities mentally disabled. The
report shall include but not be limited to data on the number
and source of reports of suspected abuse or neglect filed under
this Act, the nature of any injuries to residents, the final
determination of investigations, the type and number of cases
where abuse or neglect is determined to exist, and the final
disposition of cases.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
Section 505. The Nursing Home Care Act is amended by
changing Sections 2-202, 3-807, and 3A-101 as follows:
(210 ILCS 45/2-202) (from Ch. 111 1/2, par. 4152-202)
Sec. 2-202. (a) Before a person is admitted to a facility,
or at the expiration of the period of previous contract, or
when the source of payment for the resident's care changes from
private to public funds or from public to private funds, a

HB4049 Enrolled - 942 - LRB099 03667 KTG 23678 b
written contract shall be executed between a licensee and the
following in order of priority:
(1) the person, or if the person is a minor, his parent
or guardian; or
(2) the person's guardian, if any, or agent, if any, as
defined in Section 2-3 of the Illinois Power of Attorney
Act; or
(3) a member of the person's immediate family.
An adult person shall be presumed to have the capacity to
contract for admission to a long term care facility unless he
has been adjudicated a "person with a disability disabled
person" within the meaning of Section 11a-2 of the Probate Act
of 1975, or unless a petition for such an adjudication is
pending in a circuit court of Illinois.
If there is no guardian, agent or member of the person's
immediate family available, able or willing to execute the
contract required by this Section and a physician determines
that a person is so disabled as to be unable to consent to
placement in a facility, or if a person has already been found
to be a "person with a disability disabled person", but no
order has been entered allowing residential placement of the
person, that person may be admitted to a facility before the
execution of a contract required by this Section; provided that
a petition for guardianship or for modification of guardianship
is filed within 15 days of the person's admission to a
facility, and provided further that such a contract is executed

HB4049 Enrolled - 943 - LRB099 03667 KTG 23678 b
within 10 days of the disposition of the petition.
No adult shall be admitted to a facility if he objects,
orally or in writing, to such admission, except as otherwise
provided in Chapters III and IV of the Mental Health and
Developmental Disabilities Code or Section 11a-14.1 of the
Probate Act of 1975.
If a person has not executed a contract as required by this
Section, then such a contract shall be executed on or before
July 1, 1981, or within 10 days after the disposition of a
petition for guardianship or modification of guardianship that
was filed prior to July 1, 1981, whichever is later.
Before a licensee enters a contract under this Section, it
shall provide the prospective resident and his or her guardian,
if any, with written notice of the licensee's policy regarding
discharge of a resident whose private funds for payment of care
are exhausted.
Before a licensee enters into a contract under this
Section, it shall provide the resident or prospective resident
and his or her guardian, if any, with a copy of the licensee's
policy regarding the assignment of Social Security
representative payee status as a condition of the contract when
the resident's or prospective resident's care is being funded
under Title XIX of the Social Security Act and Article V of the
Illinois Public Aid Code.
(b) A resident shall not be discharged or transferred at
the expiration of the term of a contract, except as provided in

HB4049 Enrolled - 944 - LRB099 03667 KTG 23678 b
Sections 3-401 through 3-423.
(c) At the time of the resident's admission to the
facility, a copy of the contract shall be given to the
resident, his guardian, if any, and any other person who
executed the contract.
(d) A copy of the contract for a resident who is supported
by nonpublic funds other than the resident's own funds shall be
made available to the person providing the funds for the
resident's support.
(e) The original or a copy of the contract shall be
maintained in the facility and be made available upon request
to representatives of the Department and the Department of
Healthcare and Family Services.
(f) The contract shall be written in clear and unambiguous
language and shall be printed in not less than 12-point type.
The general form of the contract shall be prescribed by the
Department.
(g) The contract shall specify:
(1) the term of the contract;
(2) the services to be provided under the contract and
the charges for the services;
(3) the services that may be provided to supplement the
contract and the charges for the services;
(4) the sources liable for payments due under the
contract;
(5) the amount of deposit paid; and

HB4049 Enrolled - 945 - LRB099 03667 KTG 23678 b
(6) the rights, duties and obligations of the resident,
except that the specification of a resident's rights may be
furnished on a separate document which complies with the
requirements of Section 2-211.
(h) The contract shall designate the name of the resident's
representative, if any. The resident shall provide the facility
with a copy of the written agreement between the resident and
the resident's representative which authorizes the resident's
representative to inspect and copy the resident's records and
authorizes the resident's representative to execute the
contract on behalf of the resident required by this Section.
(i) The contract shall provide that if the resident is
compelled by a change in physical or mental health to leave the
facility, the contract and all obligations under it shall
terminate on 7 days notice. No prior notice of termination of
the contract shall be required, however, in the case of a
resident's death. The contract shall also provide that in all
other situations, a resident may terminate the contract and all
obligations under it with 30 days notice. All charges shall be
prorated as of the date on which the contract terminates, and,
if any payments have been made in advance, the excess shall be
refunded to the resident. This provision shall not apply to
life-care contracts through which a facility agrees to provide
maintenance and care for a resident throughout the remainder of
his life nor to continuing-care contracts through which a
facility agrees to supplement all available forms of financial

HB4049 Enrolled - 946 - LRB099 03667 KTG 23678 b
support in providing maintenance and care for a resident
throughout the remainder of his life.
(j) In addition to all other contract specifications
contained in this Section admission contracts shall also
specify:
(1) whether the facility accepts Medicaid clients;
(2) whether the facility requires a deposit of the
resident or his family prior to the establishment of
Medicaid eligibility;
(3) in the event that a deposit is required, a clear
and concise statement of the procedure to be followed for
the return of such deposit to the resident or the
appropriate family member or guardian of the person;
(4) that all deposits made to a facility by a resident,
or on behalf of a resident, shall be returned by the
facility within 30 days of the establishment of Medicaid
eligibility, unless such deposits must be drawn upon or
encumbered in accordance with Medicaid eligibility
requirements established by the Department of Healthcare
and Family Services.
(k) It shall be a business offense for a facility to
knowingly and intentionally both retain a resident's deposit
and accept Medicaid payments on behalf of that resident.
(Source: P.A. 98-104, eff. 7-22-13.)
(210 ILCS 45/3-807)

HB4049 Enrolled - 947 - LRB099 03667 KTG 23678 b
Sec. 3-807. Review of shelter care licensure standards. On
or before March 1, 1994, the Department shall submit to the
Governor and the General Assembly a report concerning the
necessity of revising the current statutory and regulatory
standards of licensure under the category of shelter care. The
Department shall conduct a review of those standards for that
category, taking into consideration the Department on Aging's
report on board and care homes prepared pursuant to Section
4.02a of the Illinois Act on the Aging. The Department's report
shall include recommendations for statutory or regulatory
changes necessary to address the regulation of facilities
providing room, board, and personal care to older persons and
persons with disabilities disabled persons.
(Source: P.A. 88-252.)
(210 ILCS 45/3A-101)
Sec. 3A-101. Cooperative arrangements. Not later than June
30, 1996, the Department shall enter into one or more
cooperative arrangements with the Illinois Department of
Public Aid, the Department on Aging, the Office of the State
Fire Marshal, and any other appropriate entity for the purpose
of developing a single survey for nursing facilities, including
but not limited to facilities funded under Title XVIII or Title
XIX of the federal Social Security Act, or both, which shall be
administered and conducted solely by the Department. The
Departments shall test the single survey process on a pilot

HB4049 Enrolled - 948 - LRB099 03667 KTG 23678 b
basis, with both the Departments of Public Aid and Public
Health represented on the consolidated survey team. The pilot
will sunset June 30, 1997. After June 30, 1997, unless
otherwise determined by the Governor, a single survey shall be
implemented by the Department of Public Health which would not
preclude staff from the Department of Healthcare and Family
Services (formerly Department of Public Aid) from going on-site
to nursing facilities to perform necessary audits and reviews
which shall not replicate the single State agency survey
required by this Act. This Article shall not apply to community
or intermediate care facilities for persons with developmental
disabilities the developmentally disabled.
(Source: P.A. 95-331, eff. 8-21-07.)
Section 510. The ID/DD Community Care Act is amended by
changing Sections 1-101.05, 1-113, and 2-202 as follows:
(210 ILCS 47/1-101.05)
Sec. 1-101.05. Prior law.
(a) This Act provides for licensure of intermediate care
facilities for persons with developmental disabilities the
developmentally disabled and long-term care for under age 22
facilities under this Act instead of under the Nursing Home
Care Act. On and after the effective date of this Act, those
facilities shall be governed by this Act instead of the Nursing
Home Care Act.

HB4049 Enrolled - 949 - LRB099 03667 KTG 23678 b
(b) If any other Act of the General Assembly changes, adds,
or repeals a provision of the Nursing Home Care Act that is the
same as or substantially similar to a provision of this Act,
then that change, addition, or repeal in the Nursing Home Care
Act shall be construed together with this Act until July 1,
2010 and not thereafter.
(c) Nothing in this Act affects the validity or effect of
any finding, decision, or action made or taken by the
Department or the Director under the Nursing Home Care Act
before the effective date of this Act with respect to a
facility subject to licensure under this Act. That finding,
decision, or action shall continue to apply to the facility on
and after the effective date of this Act. Any finding,
decision, or action with respect to the facility made or taken
on or after the effective date of this Act shall be made or
taken as provided in this Act.
(Source: P.A. 96-339, eff. 7-1-10; 96-1187, eff. 7-22-10.)
(210 ILCS 47/1-113)
Sec. 1-113. Facility. "ID/DD facility" or "facility" means
an intermediate care facility for persons with developmental
disabilities the developmentally disabled or a long-term care
for under age 22 facility, whether operated for profit or not,
which provides, through its ownership or management, personal
care or nursing for 3 or more persons not related to the
applicant or owner by blood or marriage. It includes

HB4049 Enrolled - 950 - LRB099 03667 KTG 23678 b
intermediate care facilities for the intellectually disabled
as the term is defined in Title XVIII and Title XIX of the
federal Social Security Act.
"Facility" does not include the following:
(1) A home, institution, or other place operated by the
federal government or agency thereof, or by the State of
Illinois, other than homes, institutions, or other places
operated by or under the authority of the Illinois
Department of Veterans' Affairs;
(2) A hospital, sanitarium, or other institution whose
principal activity or business is the diagnosis, care, and
treatment of human illness through the maintenance and
operation as organized facilities therefore, which is
required to be licensed under the Hospital Licensing Act;
(3) Any "facility for child care" as defined in the
Child Care Act of 1969;
(4) Any "community living facility" as defined in the
Community Living Facilities Licensing Act;
(5) Any "community residential alternative" as defined
in the Community Residential Alternatives Licensing Act;
(6) Any nursing home or sanatorium operated solely by
and for persons who rely exclusively upon treatment by
spiritual means through prayer, in accordance with the
creed or tenets of any well recognized church or religious
denomination. However, such nursing home or sanatorium
shall comply with all local laws and rules relating to

HB4049 Enrolled - 951 - LRB099 03667 KTG 23678 b
sanitation and safety;
(7) Any facility licensed by the Department of Human
Services as a community-integrated living arrangement as
defined in the Community-Integrated Living Arrangements
Licensure and Certification Act;
(8) Any "supportive residence" licensed under the
Supportive Residences Licensing Act;
(9) Any "supportive living facility" in good standing
with the program established under Section 5-5.01a of the
Illinois Public Aid Code, except only for purposes of the
employment of persons in accordance with Section 3-206.01;
(10) Any assisted living or shared housing
establishment licensed under the Assisted Living and
Shared Housing Act, except only for purposes of the
employment of persons in accordance with Section 3-206.01;
(11) An Alzheimer's disease management center
alternative health care model licensed under the
Alternative Health Care Delivery Act; or
(12) A home, institution, or other place operated by or
under the authority of the Illinois Department of Veterans'
Affairs.
(Source: P.A. 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10;
97-227, eff. 1-1-12.)
(210 ILCS 47/2-202)
Sec. 2-202. Contract required.

HB4049 Enrolled - 952 - LRB099 03667 KTG 23678 b
(a) Before a person is admitted to a facility, or at the
expiration of the period of previous contract, or when the
source of payment for the resident's care changes from private
to public funds or from public to private funds, a written
contract shall be executed between a licensee and the following
in order of priority:
(1) the person, or if the person is a minor, his parent
or guardian; or
(2) the person's guardian, if any, or agent, if any, as
defined in Section 2-3 of the Illinois Power of Attorney
Act; or
(3) a member of the person's immediate family.
An adult person shall be presumed to have the capacity to
contract for admission to a long term care facility unless he
or she has been adjudicated a "person with a disability
disabled person" within the meaning of Section 11a-2 of the
Probate Act of 1975, or unless a petition for such an
adjudication is pending in a circuit court of Illinois.
If there is no guardian, agent or member of the person's
immediate family available, able or willing to execute the
contract required by this Section and a physician determines
that a person is so disabled as to be unable to consent to
placement in a facility, or if a person has already been found
to be a "person with a disability disabled person", but no
order has been entered allowing residential placement of the
person, that person may be admitted to a facility before the

HB4049 Enrolled - 953 - LRB099 03667 KTG 23678 b
execution of a contract required by this Section; provided that
a petition for guardianship or for modification of guardianship
is filed within 15 days of the person's admission to a
facility, and provided further that such a contract is executed
within 10 days of the disposition of the petition.
No adult shall be admitted to a facility if he or she
objects, orally or in writing, to such admission, except as
otherwise provided in Chapters III and IV of the Mental Health
and Developmental Disabilities Code or Section 11a-14.1 of the
Probate Act of 1975.
Before a licensee enters a contract under this Section, it
shall provide the prospective resident and his or her guardian,
if any, with written notice of the licensee's policy regarding
discharge of a resident whose private funds for payment of care
are exhausted.
(b) A resident shall not be discharged or transferred at
the expiration of the term of a contract, except as provided in
Sections 3-401 through 3-423.
(c) At the time of the resident's admission to the
facility, a copy of the contract shall be given to the
resident, his or her guardian, if any, and any other person who
executed the contract.
(d) A copy of the contract for a resident who is supported
by nonpublic funds other than the resident's own funds shall be
made available to the person providing the funds for the
resident's support.

HB4049 Enrolled - 954 - LRB099 03667 KTG 23678 b
(e) The original or a copy of the contract shall be
maintained in the facility and be made available upon request
to representatives of the Department and the Department of
Healthcare and Family Services.
(f) The contract shall be written in clear and unambiguous
language and shall be printed in not less than 12-point type.
The general form of the contract shall be prescribed by the
Department.
(g) The contract shall specify:
(1) the term of the contract;
(2) the services to be provided under the contract and
the charges for the services;
(3) the services that may be provided to supplement the
contract and the charges for the services;
(4) the sources liable for payments due under the
contract;
(5) the amount of deposit paid; and
(6) the rights, duties and obligations of the resident,
except that the specification of a resident's rights may be
furnished on a separate document which complies with the
requirements of Section 2-211.
(h) The contract shall designate the name of the resident's
representative, if any. The resident shall provide the facility
with a copy of the written agreement between the resident and
the resident's representative which authorizes the resident's
representative to inspect and copy the resident's records and

HB4049 Enrolled - 955 - LRB099 03667 KTG 23678 b
authorizes the resident's representative to execute the
contract on behalf of the resident required by this Section.
(i) The contract shall provide that if the resident is
compelled by a change in physical or mental health to leave the
facility, the contract and all obligations under it shall
terminate on 7 days' notice. No prior notice of termination of
the contract shall be required, however, in the case of a
resident's death. The contract shall also provide that in all
other situations, a resident may terminate the contract and all
obligations under it with 30 days' notice. All charges shall be
prorated as of the date on which the contract terminates, and,
if any payments have been made in advance, the excess shall be
refunded to the resident. This provision shall not apply to
life care contracts through which a facility agrees to provide
maintenance and care for a resident throughout the remainder of
his life nor to continuing care contracts through which a
facility agrees to supplement all available forms of financial
support in providing maintenance and care for a resident
throughout the remainder of his or her life.
(j) In addition to all other contract specifications
contained in this Section admission contracts shall also
specify:
(1) whether the facility accepts Medicaid clients;
(2) whether the facility requires a deposit of the
resident or his or her family prior to the establishment of
Medicaid eligibility;

HB4049 Enrolled - 956 - LRB099 03667 KTG 23678 b
(3) in the event that a deposit is required, a clear
and concise statement of the procedure to be followed for
the return of such deposit to the resident or the
appropriate family member or guardian of the person;
(4) that all deposits made to a facility by a resident,
or on behalf of a resident, shall be returned by the
facility within 30 days of the establishment of Medicaid
eligibility, unless such deposits must be drawn upon or
encumbered in accordance with Medicaid eligibility
requirements established by the Department of Healthcare
and Family Services.
(k) It shall be a business offense for a facility to
knowingly and intentionally both retain a resident's deposit
and accept Medicaid payments on behalf of that resident.
(Source: P.A. 96-339, eff. 7-1-10.)
Section 515. The Supportive Residences Licensing Act is
amended by changing Section 20 as follows:
(210 ILCS 65/20) (from Ch. 111 1/2, par. 9020)
Sec. 20. Licensing standards.
(a) The Department shall promulgate rules establishing
minimum standards for licensing and operating Supportive
Residences in municipalities with a population over 500,000. No
such municipality shall have more than 12 Supportive
Residences. These rules shall regulate the operation and

HB4049 Enrolled - 957 - LRB099 03667 KTG 23678 b
conduct of Supportive Residences and shall include but not be
limited to:
(1) development and maintenance of a case management
system by which an integrated care plan is to be created
for each resident;
(2) the training and qualifications of personnel
directly responsible for providing care to residents;
(3) provisions and criteria for admission, discharge,
and transfer of residents;
(4) provisions for residents to receive appropriate
programming and support services commensurate with their
individual needs;
(5) agreements between Supportive Residences and
hospitals or other health care providers;
(6) residents' rights and responsibilities and those
of their families and guardians;
(7) fee and other contractual agreements between
Supportive Residences and residents;
(8) medical and supportive services for residents;
(9) the safety, cleanliness, and general adequacy of
the premises, including provision for maintenance of fire
and health standards that conform to State laws and
municipal codes, to provide for the physical comfort,
well-being, care, and protection of the residents;
(10) maintenance of records and residents' rights of
access to those records; and

HB4049 Enrolled - 958 - LRB099 03667 KTG 23678 b
(11) procedures for reporting abuse or neglect of
residents.
(b) The rules shall also regulate the general financial
ability, competence, character, and qualifications of the
applicant to provide appropriate care and comply with this Act.
(c) The Department may promulgate special rules and
regulations establishing minimum standards for Supportive
Residences that permit the admission of:
(1) residents who are parents with children, whether
either or both have HIV Disease; or
(2) residents with HIV Disease who are also persons
with developmental or physical disabilities
developmentally or physically disabled.
(d) Nothing in this Act shall be construed to impair or
abridge the power of municipalities to enforce municipal zoning
or land use ordinances.
(Source: P.A. 95-331, eff. 8-21-07.)
Section 520. The Hospital Licensing Act is amended by
changing Sections 6.09 and 6.11 as follows:
(210 ILCS 85/6.09) (from Ch. 111 1/2, par. 147.09)
Sec. 6.09. (a) In order to facilitate the orderly
transition of aged patients and patients with disabilities and
disabled patients from hospitals to post-hospital care,
whenever a patient who qualifies for the federal Medicare

HB4049 Enrolled - 959 - LRB099 03667 KTG 23678 b
program is hospitalized, the patient shall be notified of
discharge at least 24 hours prior to discharge from the
hospital. With regard to pending discharges to a skilled
nursing facility, the hospital must notify the case
coordination unit, as defined in 89 Ill. Adm. Code 240.260, at
least 24 hours prior to discharge. When the assessment is
completed in the hospital, the case coordination unit shall
provide the discharge planner with a copy of the prescreening
information and accompanying materials, which the discharge
planner shall transmit when the patient is discharged to a
skilled nursing facility. If home health services are ordered,
the hospital must inform its designated case coordination unit,
as defined in 89 Ill. Adm. Code 240.260, of the pending
discharge and must provide the patient with the case
coordination unit's telephone number and other contact
information.
(b) Every hospital shall develop procedures for a physician
with medical staff privileges at the hospital or any
appropriate medical staff member to provide the discharge
notice prescribed in subsection (a) of this Section. The
procedures must include prohibitions against discharging or
referring a patient to any of the following if unlicensed,
uncertified, or unregistered: (i) a board and care facility, as
defined in the Board and Care Home Act; (ii) an assisted living
and shared housing establishment, as defined in the Assisted
Living and Shared Housing Act; (iii) a facility licensed under

HB4049 Enrolled - 960 - LRB099 03667 KTG 23678 b
the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, or the ID/DD Community Care Act;
(iv) a supportive living facility, as defined in Section
5-5.01a of the Illinois Public Aid Code; or (v) a free-standing
hospice facility licensed under the Hospice Program Licensing
Act if licensure, certification, or registration is required.
The Department of Public Health shall annually provide
hospitals with a list of licensed, certified, or registered
board and care facilities, assisted living and shared housing
establishments, nursing homes, supportive living facilities,
facilities licensed under the ID/DD Community Care Act or the
Specialized Mental Health Rehabilitation Act of 2013, and
hospice facilities. Reliance upon this list by a hospital shall
satisfy compliance with this requirement. The procedure may
also include a waiver for any case in which a discharge notice
is not feasible due to a short length of stay in the hospital
by the patient, or for any case in which the patient
voluntarily desires to leave the hospital before the expiration
of the 24 hour period.
(c) At least 24 hours prior to discharge from the hospital,
the patient shall receive written information on the patient's
right to appeal the discharge pursuant to the federal Medicare
program, including the steps to follow to appeal the discharge
and the appropriate telephone number to call in case the
patient intends to appeal the discharge.
(d) Before transfer of a patient to a long term care

HB4049 Enrolled - 961 - LRB099 03667 KTG 23678 b
facility licensed under the Nursing Home Care Act where elderly
persons reside, a hospital shall as soon as practicable
initiate a name-based criminal history background check by
electronic submission to the Department of State Police for all
persons between the ages of 18 and 70 years; provided, however,
that a hospital shall be required to initiate such a background
check only with respect to patients who:
(1) are transferring to a long term care facility for
the first time;
(2) have been in the hospital more than 5 days;
(3) are reasonably expected to remain at the long term
care facility for more than 30 days;
(4) have a known history of serious mental illness or
substance abuse; and
(5) are independently ambulatory or mobile for more
than a temporary period of time.
A hospital may also request a criminal history background
check for a patient who does not meet any of the criteria set
forth in items (1) through (5).
A hospital shall notify a long term care facility if the
hospital has initiated a criminal history background check on a
patient being discharged to that facility. In all circumstances
in which the hospital is required by this subsection to
initiate the criminal history background check, the transfer to
the long term care facility may proceed regardless of the
availability of criminal history results. Upon receipt of the

HB4049 Enrolled - 962 - LRB099 03667 KTG 23678 b
results, the hospital shall promptly forward the results to the
appropriate long term care facility. If the results of the
background check are inconclusive, the hospital shall have no
additional duty or obligation to seek additional information
from, or about, the patient.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13; 98-651, eff. 6-16-14.)
(210 ILCS 85/6.11) (from Ch. 111 1/2, par. 147.11)
Sec. 6.11. In licensing any hospital which provides for the
diagnosis, care or treatment for persons suffering from mental
or emotional disorders or for persons with intellectual
disabilities intellectually disabled persons, the Department
shall consult with the Department of Human Services in
developing standards for and evaluating the psychiatric
programs of such hospitals.
(Source: P.A. 97-227, eff. 1-1-12.)
Section 525. The Community-Integrated Living Arrangements
Licensure and Certification Act is amended by changing the
title of the Act and Section 3 as follows:
(210 ILCS 135/Act title)
An Act in relation to community-integrated living
arrangements for the mentally ill and for persons with
developmental disabilities developmentally disabled.

HB4049 Enrolled - 963 - LRB099 03667 KTG 23678 b
(210 ILCS 135/3) (from Ch. 91 1/2, par. 1703)
Sec. 3. As used in this Act, unless the context requires
otherwise:
(a) "Applicant" means a person, group of persons,
association, partnership or corporation that applies for a
license as a community mental health or developmental services
agency under this Act.
(b) "Community mental health or developmental services
agency" or "agency" means a public or private agency,
association, partnership, corporation or organization which,
pursuant to this Act, certifies community-integrated living
arrangements for persons with mental illness or persons with a
developmental disability.
(c) "Department" means the Department of Human Services (as
successor to the Department of Mental Health and Developmental
Disabilities).
(d) "Community-integrated living arrangement" means a
living arrangement certified by a community mental health or
developmental services agency under this Act where 8 or fewer
recipients with mental illness or recipients with a
developmental disability who reside under the supervision of
the agency. Examples of community integrated living
arrangements include but are not limited to the following:
(1) "Adult foster care", a living arrangement for
recipients in residences of families unrelated to them, for

HB4049 Enrolled - 964 - LRB099 03667 KTG 23678 b
the purpose of providing family care for the recipients on
a full-time basis;
(2) "Assisted residential care", an independent living
arrangement where recipients are intermittently supervised
by off-site staff;
(3) "Crisis residential care", a non-medical living
arrangement where recipients in need of non-medical,
crisis services are supervised by on-site staff 24 hours a
day;
(4) "Home individual programs", living arrangements
for 2 unrelated adults outside the family home;
(5) "Supported residential care", a living arrangement
where recipients are supervised by on-site staff and such
supervision is provided less than 24 hours a day;
(6) "Community residential alternatives", as defined
in the Community Residential Alternatives Licensing Act;
and
(7) "Special needs trust-supported residential care",
a living arrangement where recipients are supervised by
on-site staff and that supervision is provided 24 hours per
day or less, as dictated by the needs of the recipients,
and determined by service providers. As used in this item
(7), "special needs trust" means a trust for the benefit of
a beneficiary with a disability disabled beneficiary as
described in Section 15.1 of the Trusts and Trustees Act.
(e) "Recipient" means a person who has received, is

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receiving, or is in need of treatment or habilitation as those
terms are defined in the Mental Health and Developmental
Disabilities Code.
(f) "Unrelated" means that persons residing together in
programs or placements certified by a community mental health
or developmental services agency under this Act do not have any
of the following relationships by blood, marriage or adoption:
parent, son, daughter, brother, sister, grandparent, uncle,
aunt, nephew, niece, great grandparent, great uncle, great
aunt, stepbrother, stepsister, stepson, stepdaughter,
stepparent or first cousin.
(Source: P.A. 93-274, eff. 1-1-04.)
Section 530. The Illinois Insurance Code is amended by
changing Sections 4, 143.24, 143.24a, 155.52, 236, 356b,
356z.2, 357.3, 362a, 364, 367b, 367i, 424, 500-50, and 500-60
as follows:
(215 ILCS 5/4) (from Ch. 73, par. 616)
Sec. 4. Classes of insurance. Insurance and insurance
business shall be classified as follows:
Class 1. Life, Accident and Health.
(a) Life. Insurance on the lives of persons and every
insurance appertaining thereto or connected therewith and
granting, purchasing or disposing of annuities. Policies of
life or endowment insurance or annuity contracts or contracts

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supplemental thereto which contain provisions for additional
benefits in case of death by accidental means and provisions
operating to safeguard such policies or contracts against
lapse, to give a special surrender value, or special benefit,
or an annuity, in the event, that the insured or annuitant
shall become a person with a total and permanent disability
totally and permanently disabled as defined by the policy or
contract, or which contain benefits providing acceleration of
life or endowment or annuity benefits in advance of the time
they would otherwise be payable, as an indemnity for long term
care which is certified or ordered by a physician, including
but not limited to, professional nursing care, medical care
expenses, custodial nursing care, non-nursing custodial care
provided in a nursing home or at a residence of the insured, or
which contain benefits providing acceleration of life or
endowment or annuity benefits in advance of the time they would
otherwise be payable, at any time during the insured's
lifetime, as an indemnity for a terminal illness shall be
deemed to be policies of life or endowment insurance or annuity
contracts within the intent of this clause.
Also to be deemed as policies of life or endowment
insurance or annuity contracts within the intent of this clause
shall be those policies or riders that provide for the payment
of up to 75% of the face amount of benefits in advance of the
time they would otherwise be payable upon a diagnosis by a
physician licensed to practice medicine in all of its branches

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that the insured has incurred a covered condition listed in the
policy or rider.
"Covered condition", as used in this clause, means: heart
attack, stroke, coronary artery surgery, life threatening
cancer, renal failure, alzheimer's disease, paraplegia, major
organ transplantation, total and permanent disability, and any
other medical condition that the Department may approve for any
particular filing.
The Director may issue rules that specify prohibited policy
provisions, not otherwise specifically prohibited by law,
which in the opinion of the Director are unjust, unfair, or
unfairly discriminatory to the policyholder, any person
insured under the policy, or beneficiary.
(b) Accident and health. Insurance against bodily injury,
disablement or death by accident and against disablement
resulting from sickness or old age and every insurance
appertaining thereto, including stop-loss insurance. Stop-loss
insurance is insurance against the risk of economic loss issued
to a single employer self-funded employee disability benefit
plan or an employee welfare benefit plan as described in 29
U.S.C. 100 et seq. The insurance laws of this State, including
this Code, do not apply to arrangements between a religious
organization and the organization's members or participants
when the arrangement and organization meet all of the following
criteria:
(i) the organization is described in Section 501(c)(3)

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of the Internal Revenue Code and is exempt from taxation
under Section 501(a) of the Internal Revenue Code;
(ii) members of the organization share a common set of
ethical or religious beliefs and share medical expenses
among members in accordance with those beliefs and without
regard to the state in which a member resides or is
employed;
(iii) no funds that have been given for the purpose of
the sharing of medical expenses among members described in
paragraph (ii) of this subsection (b) are held by the
organization in an off-shore trust or bank account;
(iv) the organization provides at least monthly to all
of its members a written statement listing the dollar
amount of qualified medical expenses that members have
submitted for sharing, as well as the amount of expenses
actually shared among the members;
(v) members of the organization retain membership even
after they develop a medical condition;
(vi) the organization or a predecessor organization
has been in existence at all times since December 31, 1999,
and medical expenses of its members have been shared
continuously and without interruption since at least
December 31, 1999;
(vii) the organization conducts an annual audit that is
performed by an independent certified public accounting
firm in accordance with generally accepted accounting

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principles and is made available to the public upon
request;
(viii) the organization includes the following
statement, in writing, on or accompanying all applications
and guideline materials:
"Notice: The organization facilitating the sharing of
medical expenses is not an insurance company, and
neither its guidelines nor plan of operation
constitute or create an insurance policy. Any
assistance you receive with your medical bills will be
totally voluntary. As such, participation in the
organization or a subscription to any of its documents
should never be considered to be insurance. Whether or
not you receive any payments for medical expenses and
whether or not this organization continues to operate,
you are always personally responsible for the payment
of your own medical bills.";
(ix) any membership card or similar document issued by
the organization and any written communication sent by the
organization to a hospital, physician, or other health care
provider shall include a statement that the organization
does not issue health insurance and that the member or
participant is personally liable for payment of his or her
medical bills;
(x) the organization provides to a participant, within
30 days after the participant joins, a complete set of its

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rules for the sharing of medical expenses, appeals of
decisions made by the organization, and the filing of
complaints;
(xi) the organization does not offer any other services
that are regulated under any provision of the Illinois
Insurance Code or other insurance laws of this State; and
(xii) the organization does not amass funds as reserves
intended for payment of medical services, rather the
organization facilitates the payments provided for in this
subsection (b) through payments made directly from one
participant to another.
(c) Legal Expense Insurance. Insurance which involves the
assumption of a contractual obligation to reimburse the
beneficiary against or pay on behalf of the beneficiary, all or
a portion of his fees, costs, or expenses related to or arising
out of services performed by or under the supervision of an
attorney licensed to practice in the jurisdiction wherein the
services are performed, regardless of whether the payment is
made by the beneficiaries individually or by a third person for
them, but does not include the provision of or reimbursement
for legal services incidental to other insurance coverages. The
insurance laws of this State, including this Act do not apply
to:
(i) Retainer contracts made by attorneys at law with
individual clients with fees based on estimates of the
nature and amount of services to be provided to the

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specific client, and similar contracts made with a group of
clients involved in the same or closely related legal
matters;
(ii) Plans owned or operated by attorneys who are the
providers of legal services to the plan;
(iii) Plans providing legal service benefits to groups
where such plans are owned or operated by authority of a
state, county, local or other bar association;
(iv) Any lawyer referral service authorized or
operated by a state, county, local or other bar
association;
(v) The furnishing of legal assistance by labor unions
and other employee organizations to their members in
matters relating to employment or occupation;
(vi) The furnishing of legal assistance to members or
dependents, by churches, consumer organizations,
cooperatives, educational institutions, credit unions, or
organizations of employees, where such organizations
contract directly with lawyers or law firms for the
provision of legal services, and the administration and
marketing of such legal services is wholly conducted by the
organization or its subsidiary;
(vii) Legal services provided by an employee welfare
benefit plan defined by the Employee Retirement Income
Security Act of 1974;
(viii) Any collectively bargained plan for legal

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services between a labor union and an employer negotiated
pursuant to Section 302 of the Labor Management Relations
Act as now or hereafter amended, under which plan legal
services will be provided for employees of the employer
whether or not payments for such services are funded to or
through an insurance company.
Class 2. Casualty, Fidelity and Surety.
(a) Accident and health. Insurance against bodily injury,
disablement or death by accident and against disablement
resulting from sickness or old age and every insurance
appertaining thereto, including stop-loss insurance. Stop-loss
insurance is insurance against the risk of economic loss issued
to a single employer self-funded employee disability benefit
plan or an employee welfare benefit plan as described in 29
U.S.C. 1001 et seq.
(b) Vehicle. Insurance against any loss or liability
resulting from or incident to the ownership, maintenance or use
of any vehicle (motor or otherwise), draft animal or aircraft.
Any policy insuring against any loss or liability on account of
the bodily injury or death of any person may contain a
provision for payment of disability benefits to injured persons
and death benefits to dependents, beneficiaries or personal
representatives of persons who are killed, including the named
insured, irrespective of legal liability of the insured, if the
injury or death for which benefits are provided is caused by
accident and sustained while in or upon or while entering into

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or alighting from or through being struck by a vehicle (motor
or otherwise), draft animal or aircraft, and such provision
shall not be deemed to be accident insurance.
(c) Liability. Insurance against the liability of the
insured for the death, injury or disability of an employee or
other person, and insurance against the liability of the
insured for damage to or destruction of another person's
property.
(d) Workers' compensation. Insurance of the obligations
accepted by or imposed upon employers under laws for workers'
compensation.
(e) Burglary and forgery. Insurance against loss or damage
by burglary, theft, larceny, robbery, forgery, fraud or
otherwise; including all householders' personal property
floater risks.
(f) Glass. Insurance against loss or damage to glass
including lettering, ornamentation and fittings from any
cause.
(g) Fidelity and surety. Become surety or guarantor for any
person, copartnership or corporation in any position or place
of trust or as custodian of money or property, public or
private; or, becoming a surety or guarantor for the performance
of any person, copartnership or corporation of any lawful
obligation, undertaking, agreement or contract of any kind,
except contracts or policies of insurance; and underwriting
blanket bonds. Such obligations shall be known and treated as

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suretyship obligations and such business shall be known as
surety business.
(h) Miscellaneous. Insurance against loss or damage to
property and any liability of the insured caused by accidents
to boilers, pipes, pressure containers, machinery and
apparatus of any kind and any apparatus connected thereto, or
used for creating, transmitting or applying power, light, heat,
steam or refrigeration, making inspection of and issuing
certificates of inspection upon elevators, boilers, machinery
and apparatus of any kind and all mechanical apparatus and
appliances appertaining thereto; insurance against loss or
damage by water entering through leaks or openings in
buildings, or from the breakage or leakage of a sprinkler,
pumps, water pipes, plumbing and all tanks, apparatus, conduits
and containers designed to bring water into buildings or for
its storage or utilization therein, or caused by the falling of
a tank, tank platform or supports, or against loss or damage
from any cause (other than causes specifically enumerated under
Class 3 of this Section) to such sprinkler, pumps, water pipes,
plumbing, tanks, apparatus, conduits or containers; insurance
against loss or damage which may result from the failure of
debtors to pay their obligations to the insured; and insurance
of the payment of money for personal services under contracts
of hiring.
(i) Other casualty risks. Insurance against any other
casualty risk not otherwise specified under Classes 1 or 3,

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which may lawfully be the subject of insurance and may properly
be classified under Class 2.
(j) Contingent losses. Contingent, consequential and
indirect coverages wherein the proximate cause of the loss is
attributable to any one of the causes enumerated under Class 2.
Such coverages shall, for the purpose of classification, be
included in the specific grouping of the kinds of insurance
wherein such cause is specified.
(k) Livestock and domestic animals. Insurance against
mortality, accident and health of livestock and domestic
animals.
(l) Legal expense insurance. Insurance against risk
resulting from the cost of legal services as defined under
Class 1(c).
Class 3. Fire and Marine, etc.
(a) Fire. Insurance against loss or damage by fire, smoke
and smudge, lightning or other electrical disturbances.
(b) Elements. Insurance against loss or damage by
earthquake, windstorms, cyclone, tornado, tempests, hail,
frost, snow, ice, sleet, flood, rain, drought or other weather
or climatic conditions including excess or deficiency of
moisture, rising of the waters of the ocean or its tributaries.
(c) War, riot and explosion. Insurance against loss or
damage by bombardment, invasion, insurrection, riot, strikes,
civil war or commotion, military or usurped power, or explosion
(other than explosion of steam boilers and the breaking of fly

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wheels on premises owned, controlled, managed, or maintained by
the insured.)
(d) Marine and transportation. Insurance against loss or
damage to vessels, craft, aircraft, vehicles of every kind,
(excluding vehicles operating under their own power or while in
storage not incidental to transportation) as well as all goods,
freights, cargoes, merchandise, effects, disbursements,
profits, moneys, bullion, precious stones, securities, chooses
in action, evidences of debt, valuable papers, bottomry and
respondentia interests and all other kinds of property and
interests therein, in respect to, appertaining to or in
connection with any or all risks or perils of navigation,
transit, or transportation, including war risks, on or under
any seas or other waters, on land or in the air, or while being
assembled, packed, crated, baled, compressed or similarly
prepared for shipment or while awaiting the same or during any
delays, storage, transshipment, or reshipment incident
thereto, including marine builder's risks and all personal
property floater risks; and for loss or damage to persons or
property in connection with or appertaining to marine, inland
marine, transit or transportation insurance, including
liability for loss of or damage to either arising out of or in
connection with the construction, repair, operation,
maintenance, or use of the subject matter of such insurance,
(but not including life insurance or surety bonds); but, except
as herein specified, shall not mean insurances against loss by

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reason of bodily injury to the person; and insurance against
loss or damage to precious stones, jewels, jewelry, gold,
silver and other precious metals whether used in business or
trade or otherwise and whether the same be in course of
transportation or otherwise, which shall include jewelers'
block insurance; and insurance against loss or damage to
bridges, tunnels and other instrumentalities of transportation
and communication (excluding buildings, their furniture and
furnishings, fixed contents and supplies held in storage)
unless fire, tornado, sprinkler leakage, hail, explosion,
earthquake, riot and civil commotion are the only hazards to be
covered; and to piers, wharves, docks and slips, excluding the
risks of fire, tornado, sprinkler leakage, hail, explosion,
earthquake, riot and civil commotion; and to other aids to
navigation and transportation, including dry docks and marine
railways, against all risk.
(e) Vehicle. Insurance against loss or liability resulting
from or incident to the ownership, maintenance or use of any
vehicle (motor or otherwise), draft animal or aircraft,
excluding the liability of the insured for the death, injury or
disability of another person.
(f) Property damage, sprinkler leakage and crop. Insurance
against the liability of the insured for loss or damage to
another person's property or property interests from any cause
enumerated in this class; insurance against loss or damage by
water entering through leaks or openings in buildings, or from

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the breakage or leakage of a sprinkler, pumps, water pipes,
plumbing and all tanks, apparatus, conduits and containers
designed to bring water into buildings or for its storage or
utilization therein, or caused by the falling of a tank, tank
platform or supports or against loss or damage from any cause
to such sprinklers, pumps, water pipes, plumbing, tanks,
apparatus, conduits or containers; insurance against loss or
damage from insects, diseases or other causes to trees, crops
or other products of the soil.
(g) Other fire and marine risks. Insurance against any
other property risk not otherwise specified under Classes 1 or
2, which may lawfully be the subject of insurance and may
properly be classified under Class 3.
(h) Contingent losses. Contingent, consequential and
indirect coverages wherein the proximate cause of the loss is
attributable to any of the causes enumerated under Class 3.
Such coverages shall, for the purpose of classification, be
included in the specific grouping of the kinds of insurance
wherein such cause is specified.
(i) Legal expense insurance. Insurance against risk
resulting from the cost of legal services as defined under
Class 1(c).
(Source: P.A. 97-705, eff. 1-1-13; 97-707, eff. 1-1-13.)
(215 ILCS 5/143.24) (from Ch. 73, par. 755.24)
Sec. 143.24. Limited Nonrenewal of Automobile Insurance

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Policy. A policy of automobile insurance, as defined in
subsection (a) of Section 143.13, may not be nonrenewed for any
of the following reasons:
a. Age;
b. Sex;
c. Race;
d. Color;
e. Creed;
f. Ancestry;
g. Occupation;
h. Marital Status;
i. Employer of the insured;
j. Physical disability handicap as defined in Section
143.24a of this Act.
(Source: P.A. 86-437.)
(215 ILCS 5/143.24a) (from Ch. 73, par. 755.24a)
Sec. 143.24a. (a) No insurer, licensed to issue a policy of
automobile insurance, as defined in subsection (a) of Section
143.13, shall fail or refuse to accept an application from a
person with a physical disability physically handicapped
person for such insurance, refuse to issue such insurance to an
applicant with a physical disability a physically handicapped
applicant therefor solely because of a physical disability
handicap, or issue or cancel such insurance under conditions
less favorable to persons with physical disabilities

HB4049 Enrolled - 980 - LRB099 03667 KTG 23678 b
physically handicapped persons than persons without physical
disabilities nonhandicapped persons; nor shall a physical
disability handicap itself constitute a condition or risk for
which a higher premium may be required of a person with a
physical disability physically handicapped person for such
insurance.
(b) As used in this Section, "physical disability handicap"
refers only to an impairment of physical ability because of
amputation or loss of function which impairment has been
compensated for, when necessary, by vehicle equipment
adaptation or modification; or an impairment of hearing which
impairment has been compensated for, when necessary, either by
sensory equipment adaptation or modification, or an impairment
of speech; provided, that the insurer may require an applicant
with a physical disability a physically handicapped applicant
for such insurance on the renewal of such insurance to furnish
proof that he or she has qualified for a new or renewed drivers
license since the occurrence of the disabling handicapping
condition.
(Source: P.A. 85-762.)
(215 ILCS 5/155.52) (from Ch. 73, par. 767.52)
Sec. 155.52. Definitions.
For the purpose of this Article:
(a) "Credit life insurance" means insurance on the life of
a debtor pursuant to or in connection with a specific loan or

HB4049 Enrolled - 981 - LRB099 03667 KTG 23678 b
other credit transaction;
(b) "Credit Accident and health insurance" means insurance
on a debtor to provide indemnity for payments becoming due on a
specific loan or other credit transaction while the debtor is a
person with a disability disabled as defined in the policy;
(c) "Creditor" means the lender of money or vendor or
lessor of goods, services, property, rights or privileges, for
which payment is arranged through a credit transaction or any
successor to the right, title or interest of any such lender,
vendor or lessor, and an affiliate, associate or subsidiary of
any of them or any director, officer or employee of any of them
or any other person in any way associated with any of them;
(d) "Debtor" means a borrower of money or a purchaser or
lessee of goods, services, property, rights or privileges for
which payment is arranged through a credit transaction;
(e) "Indebtedness" means the total amount payable by a
debtor to a creditor in connection with a loan or other credit
transaction;
(f) "Director" means the Director of Insurance of the State
of Illinois.
(Source: Laws 1959, p. 1140.)
(215 ILCS 5/236) (from Ch. 73, par. 848)
Sec. 236. Discrimination prohibited.
(a) No life company doing business in this State shall make
or permit any distinction or discrimination in favor of

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individuals among insured persons of the same class and equal
expectation of life in the issuance of its policies, in the
amount of payment of premiums or rates charged for policies of
insurance, in the amount of any dividends or other benefits
payable thereon, or in any other of the terms and conditions of
the contracts it makes.
(b) No life company shall make or permit any distinction or
discrimination against individuals with handicaps or
disabilities in the amount of payment of premiums or rates
charged for policies of life insurance, in the amount of any
dividends or death benefits payable thereon, or in any other
terms and conditions of the contract it makes unless the rate
differential is based on sound actuarial principles and a
reasonable system of classification and is related to actual or
reasonably anticipated experience directly associated with the
handicap or disability.
(c) No life company shall refuse to insure, or refuse to
continue to insure, or limit the amount or extent or kind of
coverage available to an individual, or charge an individual a
different rate for the same coverage solely because of
blindness or partial blindness. With respect to all other
conditions, including the underlying cause of the blindness or
partial blindness, persons who are blind or partially blind
shall be subject to the same standards of sound actuarial
principles or actual or reasonably anticipated experience as
are sighted persons. Refusal to insure includes denial by an

HB4049 Enrolled - 983 - LRB099 03667 KTG 23678 b
insurer of disability insurance coverage on the grounds that
the policy defines "disability" as being presumed in the event
that the insured loses his or her eyesight. However, an insurer
may exclude from coverage disabilities consisting solely of
blindness or partial blindness when such condition existed at
the time the policy was issued.
(d) No life company shall refuse to insure or to continue
to insure an individual solely because of the individual's
status as a member of the United States Air Force, Army, Coast
Guard, Marines, or Navy or solely because of the individual's
status as a member of the National Guard or Armed Forces
Reserve.
(e) An insurer or producer authorized to issue policies of
insurance in this State may not make a distinction or otherwise
discriminate between persons, reject an applicant, cancel a
policy, or demand or require a higher rate of premium for
reasons based solely upon an applicant's or insured's past
lawful travel experiences or future lawful travel plans. This
subsection (e) does not prohibit an insurer or producer from
excluding or limiting coverage under a policy or refusing to
offer the policy based upon past lawful travel or future lawful
travel plans or from charging a different rate for that
coverage when that action is based upon sound actuarial
principles or is related to actual or reasonably expected
experience and is not based solely on the destination's
inclusion on the United States Department of State's travel

HB4049 Enrolled - 984 - LRB099 03667 KTG 23678 b
warning list.
(Source: P.A. 95-163, eff. 1-1-08.)
(215 ILCS 5/356b) (from Ch. 73, par. 968b)
Sec. 356b. (a) This Section applies to the hospital and
medical expense provisions of an accident or health insurance
policy.
(b) If a policy provides that coverage of a dependent
person terminates upon attainment of the limiting age for
dependent persons specified in the policy, the attainment of
such limiting age does not operate to terminate the hospital
and medical coverage of a person who, because of a disabling
handicapped condition that occurred before attainment of the
limiting age, is incapable of self-sustaining employment and is
dependent on his or her parents or other care providers for
lifetime care and supervision.
(c) For purposes of subsection (b), "dependent on other
care providers" is defined as requiring a Community Integrated
Living Arrangement, group home, supervised apartment, or other
residential services licensed or certified by the Department of
Human Services (as successor to the Department of Mental Health
and Developmental Disabilities), the Department of Public
Health, or the Department of Healthcare and Family Services
(formerly Department of Public Aid).
(d) The insurer may inquire of the policyholder 2 months
prior to attainment by a dependent of the limiting age set

HB4049 Enrolled - 985 - LRB099 03667 KTG 23678 b
forth in the policy, or at any reasonable time thereafter,
whether such dependent is in fact a person who has a disability
and is dependent disabled and dependent person and, in the
absence of proof submitted within 60 days of such inquiry that
such dependent is a person who has a disability and is
dependent disabled and dependent person may terminate coverage
of such person at or after attainment of the limiting age. In
the absence of such inquiry, coverage of any person who has a
disability and is dependent disabled and dependent person shall
continue through the term of such policy or any extension or
renewal thereof.
(e) This amendatory Act of 1969 is applicable to policies
issued or renewed more than 60 days after the effective date of
this amendatory Act of 1969.
(Source: P.A. 95-331, eff. 8-21-07.)
(215 ILCS 5/356z.2)
Sec. 356z.2. Coverage for adjunctive services in dental
care.
(a) An individual or group policy of accident and health
insurance amended, delivered, issued, or renewed after the
effective date of this amendatory Act of the 92nd General
Assembly shall cover charges incurred, and anesthetics
provided, in conjunction with dental care that is provided to a
covered individual in a hospital or an ambulatory surgical
treatment center if any of the following applies:

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(1) the individual is a child age 6 or under;
(2) the individual has a medical condition that
requires hospitalization or general anesthesia for dental
care; or
(3) the individual is a person with a disability
disabled.
(b) For purposes of this Section, "ambulatory surgical
treatment center" has the meaning given to that term in Section
3 of the Ambulatory Surgical Treatment Center Act.
For purposes of this Section, "person with a disability
disabled" means a person, regardless of age, with a chronic
disability if the chronic disability meets all of the following
conditions:
(1) It is attributable to a mental or physical
impairment or combination of mental and physical
impairments.
(2) It is likely to continue.
(3) It results in substantial functional limitations
in one or more of the following areas of major life
activity:
(A) self-care;
(B) receptive and expressive language;
(C) learning;
(D) mobility;
(E) capacity for independent living; or
(F) economic self-sufficiency.

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(c) The coverage required under this Section may be subject
to any limitations, exclusions, or cost-sharing provisions
that apply generally under the insurance policy.
(d) This Section does not apply to a policy that covers
only dental care.
(e) Nothing in this Section requires that the dental
services be covered.
(f) The provisions of this Section do not apply to
short-term travel, accident-only, limited, or specified
disease policies, nor to policies or contracts designed for
issuance to persons eligible for coverage under Title XVIII of
the Social Security Act, known as Medicare, or any other
similar coverage under State or federal governmental plans.
(Source: P.A. 95-331, eff. 8-21-07.)
(215 ILCS 5/357.3) (from Ch. 73, par. 969.3)
Sec. 357.3. "TIME LIMIT ON CERTAIN DEFENSES: (1) After 2
years from the date of issue of this policy no misstatements,
except fraudulent misstatements, made by the applicant in the
application for such policy shall be used to void the policy or
to deny a claim for loss incurred or disability (as defined in
the policy) commencing after the expiration of such 2 year
period."
(The foregoing policy provision shall not be so construed
as to affect any legal requirement for avoidance of a policy or
denial of a claim during such initial 2 year period, nor to

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limit the application of section 357.15 through section 357.19
in the event of misstatement with respect to age or occupation
or other insurance.)
A policy which the insured has the right to continue in
force subject to its terms by the timely payment of premium (1)
until at least age 50 or, (2) in the case of a policy issued
after age 44, for at least 5 years from its date of issue, may
contain in lieu of the foregoing the following provisions (from
which the clause in parentheses may be omitted at the company's
option) under the caption "INCONTESTABLE":
"After this policy has been in force for a period of 2
years during the lifetime of the insured (excluding any period
during which the insured is a person with a disability
disabled), it shall become incontestable as to the statements
contained in the application."
(2) "No claim for loss incurred or disability (as defined
in the policy) commencing after 2 years from the date of issue
of this policy shall be reduced or denied on the ground that a
disease or physical condition not excluded from coverage by
name or specific description effective on the date of loss had
existed prior to the effective date of coverage of this
policy."
(Source: Laws 1967, p. 1735.)
(215 ILCS 5/362a) (from Ch. 73, par. 974a)
Sec. 362a. Non-application to certain policies. The

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provisions of sections 356a to 359a, both inclusive, shall not
apply to or affect (1) any policy of workers' compensation
insurance or any policy of liability insurance with or without
supplementary expense coverage therein; or (2) any policy or
contract of reinsurance; or (3) any group policy of insurance
(unless otherwise specifically provided); or (4) life
insurance, endowment or annuity contracts, or contracts
supplemental thereto which contain only such provisions
relating to accident and sickness insurance as (a) provide
additional benefits in case of death or dismemberment or loss
of sight by accident, or as (b) operate to safeguard such
contracts against lapse, or to give a special surrender value
or special benefit or an annuity in the event that the insured
or annuitant shall become a person with a total and permanent
disability totally and permanently disabled, as defined by the
contract or supplemental contract.
(Source: P.A. 81-992.)
(215 ILCS 5/364) (from Ch. 73, par. 976)
Sec. 364. Discrimination prohibited. Discrimination
between individuals of the same class of risk in the issuance
of its policies or in the amount of premiums or rates charged
for any insurance covered by this article, or in the benefits
payable thereon, or in any of the terms or conditions of such
policy, or in any other manner whatsoever is prohibited.
Nothing in this provision shall prohibit an insurer from

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providing incentives for insureds to utilize the services of a
particular hospital or person. It is hereby expressly provided
that whenever the terms "physician" or "doctor" appear or are
used in any way in any policy of accident or health insurance
issued in this state, said terms shall include within their
meaning persons licensed to practice dentistry under the
Illinois Dental Practice Act with regard to benefits payable
for services performed by a person so licensed, which such
services are within the coverage provided by the particular
policy or contract of insurance and are within the professional
services authorized to be performed by such person under and in
accordance with the said Act.
No company, in any policy of accident or health insurance
issued in this State, shall make or permit any distinction or
discrimination against individuals solely because of the
individuals' disabilities handicaps or disabilities in the
amount of payment of premiums or rates charged for policies of
insurance, in the amount of any dividends or other benefits
payable thereon, or in any other terms and conditions of the
contract it makes, except where the distinction or
discrimination is based on sound actuarial principles or is
related to actual or reasonably anticipated experience.
No company shall refuse to insure, or refuse to continue to
insure, or limit the amount or extent or kind of coverage
available to an individual, or charge an individual a different
rate for the same coverage solely because of blindness or

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partial blindness. With respect to all other conditions,
including the underlying cause of the blindness or partial
blindness, persons who are blind or partially blind shall be
subject to the same standards of sound actuarial principles or
actual or reasonably anticipated experience as are sighted
persons. Refusal to insure includes denial by an insurer of
disability insurance coverage on the grounds that the policy
defines "disability" as being presumed in the event that the
insured loses his or her eyesight.
(Source: P.A. 91-549, eff. 8-14-99.)
(215 ILCS 5/367b) (from Ch. 73, par. 979b)
Sec. 367b. (a) This Section applies to the hospital and
medical expense provisions of a group accident or health
insurance policy.
(b) If a policy provides that coverage of a dependent of an
employee or other member of the covered group terminates upon
attainment of the limiting age for dependent persons specified
in the policy, the attainment of such limiting age does not
operate to terminate the hospital and medical coverage of a
person who, because of a disabling handicapped condition that
occurred before attainment of the limiting age, is incapable of
self-sustaining employment and is dependent on his or her
parents or other care providers for lifetime care and
supervision.
(c) For purposes of subsection (b), "dependent on other

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care providers" is defined as requiring a Community Integrated
Living Arrangement, group home, supervised apartment, or other
residential services licensed or certified by the Department of
Human Services (as successor to the Department of Mental Health
and Developmental Disabilities), the Department of Public
Health, or the Department of Healthcare and Family Services
(formerly Department of Public Aid).
(d) The insurer may inquire of the person insured 2 months
prior to attainment by a dependent of the limiting age set
forth in the policy, or at any reasonable time thereafter,
whether such dependent is in fact a person who has a disability
and is dependent disabled and dependent person and, in the
absence of proof submitted within 31 days of such inquiry that
such dependent is a person who has a disability and is
dependent disabled and dependent person may terminate coverage
of such person at or after attainment of the limiting age. In
the absence of such inquiry, coverage of any person who has a
disability and is dependent disabled and dependent person shall
continue through the term of such policy or any extension or
renewal.
(e) This amendatory Act of 1969 is applicable to policies
issued or renewed more than 60 days after the effective date of
this amendatory Act of 1969.
(Source: P.A. 95-331, eff. 8-21-07.)
(215 ILCS 5/367i) (from Ch. 73, par. 979i)

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Sec. 367i. Discontinuance and replacement of coverage.
Group health insurance policies issued, amended, delivered or
renewed on and after the effective date of this amendatory Act
of 1989, shall provide a reasonable extension of benefits in
the event of total disability on the date the policy is
discontinued for any reason.
Any applicable extension of benefits or accrued liability
shall be described in the policy and group certificate.
Benefits payable during any extension of benefits may be
subject to the policy's regular benefit limits.
Any insurer discontinuing a group health insurance policy
shall provide to the policyholder for delivery to covered
employees or members a notice as to the date such
discontinuation is to be effective and urging them to refer to
their group certificates to determine what contract rights, if
any, are available to them.
In the event a discontinued policy is replaced by another
group policy, the prior insurer or plan shall be liable only to
the extent of its accrued liabilities and extension of
benefits. Persons eligible for coverage under the succeeding
insurer's plan shall include all employees and dependents
covered under the prior insurer's plan, including individuals
with disabilities disabled individuals covered under the prior
plan but absent from work on the effective date and thereafter.
The prior insurer shall provide extension of benefits for an
insured's disabling condition when no coverage is available

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under the succeeding insurer's plan whether due to the absence
of coverage in the contract or lack of required creditable
coverage for a preexisting condition.
The Director shall promulgate reasonable rules as
necessary to carry out this Section.
(Source: P.A. 91-549, eff. 8-14-99.)
(215 ILCS 5/424) (from Ch. 73, par. 1031)
Sec. 424. Unfair methods of competition and unfair or
deceptive acts or practices defined. The following are hereby
defined as unfair methods of competition and unfair and
deceptive acts or practices in the business of insurance:
(1) The commission by any person of any one or more of the
acts defined or prohibited by Sections 134, 143.24c, 147, 148,
149, 151, 155.22, 155.22a, 155.42, 236, 237, 364, and 469 of
this Code.
(2) Entering into any agreement to commit, or by any
concerted action committing, any act of boycott, coercion or
intimidation resulting in or tending to result in unreasonable
restraint of, or monopoly in, the business of insurance.
(3) Making or permitting, in the case of insurance of the
types enumerated in Classes 1, 2, and 3 of Section 4, any
unfair discrimination between individuals or risks of the same
class or of essentially the same hazard and expense element
because of the race, color, religion, or national origin of
such insurance risks or applicants. The application of this

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Article to the types of insurance enumerated in Class 1 of
Section 4 shall in no way limit, reduce, or impair the
protections and remedies already provided for by Sections 236
and 364 of this Code or any other provision of this Code.
(4) Engaging in any of the acts or practices defined in or
prohibited by Sections 154.5 through 154.8 of this Code.
(5) Making or charging any rate for insurance against
losses arising from the use or ownership of a motor vehicle
which requires a higher premium of any person by reason of his
physical disability handicap, race, color, religion, or
national origin.
(Source: P.A. 97-527, eff. 8-23-11.)
(215 ILCS 5/500-50)
(Section scheduled to be repealed on January 1, 2017)
Sec. 500-50. Insurance producers; examination statistics.
(a) The use of examinations for the purpose of determining
qualifications of persons to be licensed as insurance producers
has a direct and far-reaching effect on persons seeking those
licenses, on insurance companies, and on the public. It is in
the public interest and it will further the public welfare to
insure that examinations for licensing do not have the effect
of unlawfully discriminating against applicants for licensing
as insurance producers on the basis of race, color, national
origin, or sex.
(b) As used in this Section, the following words have the

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meanings given in this subsection.
Examination. "Examination" means the examination in each
line of insurance administered pursuant to Section 500-30.
Examinee. "Examinee" means a person who takes an
examination.
Part. "Part" means a portion of an examination for which a
score is calculated.
Operational item. "Operational item" means a test question
considered in determining an examinee's score.
Test form. "Test form" means the test booklet or instrument
used for a part of an examination.
Pretest item. "Pretest item" means a prospective test
question that is included in a test form in order to assess its
performance, but is not considered in determining an examinee's
score.
Minority group or examinees. "Minority group" or "minority
examinees" means examinees who are American Indian or Alaska
Native, Asian, Black or African American, Hispanic or Latino,
or Native Hawaiian or Other Pacific Islander.
Correct-answer rate. "Correct-answer rate" for an item
means the number of examinees who provided the correct answer
on an item divided by the number of examinees who answered the
item.
Correlation. "Correlation" means a statistical measure of
the relationship between performance on an item and performance
on a part of the examination.

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(c) The Director shall ask each examinee to self-report on
a voluntary basis on the answer sheet, application form, or by
other appropriate means, the following information:
(1) race or ethnicity (American Indian or Alaska
Native, Asian, Black or African American, Hispanic or
Latino, Native Hawaiian or Other Pacific Islander, or
White);
(2) education (8th grade or less; less than 12th grade;
high school diploma or high school equivalency
certificate; some college, but no 4-year degree; or 4-year
degree or more); and
(3) gender (male or female).
The Director must advise all examinees that they are not
required to provide this information, that they will not be
penalized for not doing so, and that the Director will use the
information provided exclusively for research and statistical
purposes and to improve the quality and fairness of the
examinations.
(d) No later than May 1 of each year, the Director must
prepare, publicly announce, and publish an Examination Report
of summary statistical information relating to each
examination administered during the preceding calendar year.
Each Examination Report shall show with respect to each
examination:
(1) For all examinees combined and separately by race
or ethnicity, by educational level, by gender, by

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educational level within race or ethnicity, by education
level within gender, and by race or ethnicity within
gender:
(A) number of examinees;
(B) percentage and number of examinees who passed
each part;
(C) percentage and number of examinees who passed
all parts;
(D) mean scaled scores on each part; and
(E) standard deviation of scaled scores on each
part.
(2) For male examinees, female examinees, Black or
African American examinees, white examinees, American
Indian or Alaska Native examinees, Asian examinees,
Hispanic or Latino examinees, and Native Hawaiian or Other
Pacific Islander, respectively, with a high school diploma
or high school equivalency certificate, the distribution
of scaled scores on each part.
No later than May 1 of each year, the Director must prepare
and make available on request an Item Report of summary
statistical information relating to each operational item on
each test form administered during the preceding calendar year.
The Item Report shall show, for each operational item, for all
examinees combined and separately for Black or African American
examinees, white examinees, American Indian or Alaska Native
examinees, Asian examinees, Hispanic or Latino examinees, and

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Native Hawaiian or Other Pacific Islander, the correct-answer
rates and correlations.
The Director is not required to report separate statistical
information for any group or subgroup comprising fewer than 50
examinees.
(e) The Director must obtain a regular analysis of the data
collected under this Section, and any other relevant
information, for purposes of the development of new test forms.
The analysis shall continue the implementation of the item
selection methodology as recommended in the Final Report of the
Illinois Insurance Producer's Licensing Examination Advisory
Committee dated November 19, 1991, and filed with the
Department unless some other methodology is determined by the
Director to be as effective in minimizing differences between
white and minority examinee pass-fail rates.
(f) The Director has the discretion to set cutoff scores
for the examinations, provided that scaled scores on test forms
administered after July 1, 1993, shall be made comparable to
scaled scores on test forms administered in 1991 by use of
professionally acceptable methods so as to minimize changes in
passing rates related to the presence or absence of or changes
in equating or scaling equations or methods or content
outlines. Each calendar year, the scaled cutoff score for each
part of each examination shall fluctuate by no more than the
standard error of measurement from the scaled cutoff score
employed during the preceding year.

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(g) No later than May 1, 2003 and no later than May 1 of
every fourth year thereafter, the Director must release to the
public and make generally available one representative test
form and set of answer keys for each part of each examination.
(h) The Director must maintain, for a period of 3 years
after they are prepared or used, all registration forms, test
forms, answer sheets, operational items and pretest items, item
analyses, and other statistical analyses relating to the
examinations. All personal identifying information regarding
examinees and the content of test items must be maintained
confidentially as necessary for purposes of protecting the
personal privacy of examinees and the maintenance of test
security.
(i) In administering the examinations, the Director must
make such accommodations for examinees with disabilities
disabled examinees as are reasonably warranted by the
particular disability involved, including the provision of
additional time if necessary to complete an examination or
special assistance in taking an examination.
(j) For the purposes of this Section:
(1) "American Indian or Alaska Native" means a person
having origins in any of the original peoples of North and
South America, including Central America, and who
maintains tribal affiliation or community attachment.
(2) "Asian" means a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the

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Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam.
(3) "Black or African American" means a person having
origins in any of the black racial groups of Africa. Terms
such as "Haitian" or "Negro" can be used in addition to
"Black or African American".
(4) "Hispanic or Latino" means a person of Cuban,
Mexican, Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race.
(5) "Native Hawaiian or Other Pacific Islander" means a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands.
(6) "White" means a person having origins in any of the
original peoples of Europe, the Middle East, or North
Africa.
(Source: P.A. 97-396, eff. 1-1-12; 98-718, eff. 1-1-15.)
(215 ILCS 5/500-60)
(Section scheduled to be repealed on January 1, 2017)
Sec. 500-60. Temporary licensing.
(a) The Director may issue a temporary insurance producer
license for a period not to exceed 180 days and, at the
discretion of the Director, may renew the temporary producer
license for an additional 180 days without requiring an
examination if the Director deems that the temporary license is

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necessary for the servicing of an insurance business in the
following cases:
(1) to the surviving spouse or court-appointed
personal representative of a licensed insurance producer
who dies or becomes a person with a mental or physical
disability mentally or physically disabled to allow
adequate time for the sale of the insurance business owned
by the producer or for the recovery or return of the
producer to the business or to provide for the training and
licensing of new personnel to operate the producer's
business;
(2) to a member or employee of a business entity
licensed as an insurance producer, upon the death or
disability of an individual designated in the business
entity application or the license; or
(3) to the designee of a licensed insurance producer
entering active service in the armed forces of the United
States of America.
(b) The Director may by order limit the authority of any
temporary licensee in any way deemed necessary to protect
insureds and the public. The Director may require the temporary
licensee to have a suitable sponsor who is a licensed producer
or insurer and who assumes responsibility for all acts of the
temporary licensee and may impose other similar requirements
designed to protect insureds and the public. The Director may
by order revoke a temporary license if the interest of insureds

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or the public are endangered. A temporary license may not
continue after the owner or the personal representative
disposes of the business.
(c) Before any temporary insurance producer license is
issued, there must be filed with the Director a written
application by the person desiring the license in the form,
with the supplements, and containing the information that the
Director requires. License fees, as provided for in Section
500-135, must be paid upon the issuance of the original
temporary insurance producer license, but not for any renewal
thereof.
(Source: P.A. 92-386, eff. 1-1-02.)
Section 535. The Comprehensive Health Insurance Plan Act is
amended by changing Section 2 as follows:
(215 ILCS 105/2) (from Ch. 73, par. 1302)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
"Plan administrator" means the insurer or third party
administrator designated under Section 5 of this Act.
"Benefits plan" means the coverage to be offered by the
Plan to eligible persons and federally eligible individuals
pursuant to this Act.
"Board" means the Illinois Comprehensive Health Insurance
Board.

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"Church plan" has the same meaning given that term in the
federal Health Insurance Portability and Accountability Act of
1996.
"Continuation coverage" means continuation of coverage
under a group health plan or other health insurance coverage
for former employees or dependents of former employees that
would otherwise have terminated under the terms of that
coverage pursuant to any continuation provisions under federal
or State law, including the Consolidated Omnibus Budget
Reconciliation Act of 1985 (COBRA), as amended, Sections 367.2,
367e, and 367e.1 of the Illinois Insurance Code, or any other
similar requirement in another State.
"Covered person" means a person who is and continues to
remain eligible for Plan coverage and is covered under one of
the benefit plans offered by the Plan.
"Creditable coverage" means, with respect to a federally
eligible individual, coverage of the individual under any of
the following:
(A) A group health plan.
(B) Health insurance coverage (including group health
insurance coverage).
(C) Medicare.
(D) Medical assistance.
(E) Chapter 55 of title 10, United States Code.
(F) A medical care program of the Indian Health Service
or of a tribal organization.

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(G) A state health benefits risk pool.
(H) A health plan offered under Chapter 89 of title 5,
United States Code.
(I) A public health plan (as defined in regulations
consistent with Section 104 of the Health Care Portability
and Accountability Act of 1996 that may be promulgated by
the Secretary of the U.S. Department of Health and Human
Services).
(J) A health benefit plan under Section 5(e) of the
Peace Corps Act (22 U.S.C. 2504(e)).
(K) Any other qualifying coverage required by the
federal Health Insurance Portability and Accountability
Act of 1996, as it may be amended, or regulations under
that Act.
"Creditable coverage" does not include coverage consisting
solely of coverage of excepted benefits, as defined in Section
2791(c) of title XXVII of the Public Health Service Act (42
U.S.C. 300 gg-91), nor does it include any period of coverage
under any of items (A) through (K) that occurred before a break
of more than 90 days or, if the individual has been certified
as eligible pursuant to the federal Trade Act of 2002, a break
of more than 63 days during all of which the individual was not
covered under any of items (A) through (K) above.
Any period that an individual is in a waiting period for
any coverage under a group health plan (or for group health
insurance coverage) or is in an affiliation period under the

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terms of health insurance coverage offered by a health
maintenance organization shall not be taken into account in
determining if there has been a break of more than 90 days in
any creditable coverage.
"Department" means the Illinois Department of Insurance.
"Dependent" means an Illinois resident: who is a spouse; or
who is claimed as a dependent by the principal insured for
purposes of filing a federal income tax return and resides in
the principal insured's household, and is a resident unmarried
child under the age of 19 years; or who is an unmarried child
who also is a full-time student under the age of 23 years and
who is financially dependent upon the principal insured; or who
is a child of any age and who is a person with a disability
disabled and financially dependent upon the principal insured.
"Direct Illinois premiums" means, for Illinois business,
an insurer's direct premium income for the kinds of business
described in clause (b) of Class 1 or clause (a) of Class 2 of
Section 4 of the Illinois Insurance Code, and direct premium
income of a health maintenance organization or a voluntary
health services plan, except it shall not include credit health
insurance as defined in Article IX 1/2 of the Illinois
Insurance Code.
"Director" means the Director of the Illinois Department of
Insurance.
"Effective date of medical assistance" means the date that
eligibility for medical assistance for a person is approved by

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the Department of Human Services or the Department of
Healthcare and Family Services, except when the Department of
Human Services or the Department of Healthcare and Family
Services determines eligibility retroactively. In such
circumstances, the effective date of the medical assistance is
the date the Department of Human Services or the Department of
Healthcare and Family Services determines the person to be
eligible for medical assistance. As it pertains to Medicare,
the effective date is 24 months after the entitlement date as
approved by the Social Security Administration, except when
eligibility is made retroactive to a prior date. In such
circumstances, the effective date of Medicare is the date on
the Notice of Award letter issued by the Social Security
Administration.
"Eligible person" means a resident of this State who
qualifies for Plan coverage under Section 7 of this Act.
"Employee" means a resident of this State who is employed
by an employer or has entered into the employment of or works
under contract or service of an employer including the
officers, managers and employees of subsidiary or affiliated
corporations and the individual proprietors, partners and
employees of affiliated individuals and firms when the business
of the subsidiary or affiliated corporations, firms or
individuals is controlled by a common employer through stock
ownership, contract, or otherwise.
"Employer" means any individual, partnership, association,

HB4049 Enrolled - 1008 - LRB099 03667 KTG 23678 b
corporation, business trust, or any person or group of persons
acting directly or indirectly in the interest of an employer in
relation to an employee, for which one or more persons is
gainfully employed.
"Family" coverage means the coverage provided by the Plan
for the covered person and his or her eligible dependents who
also are covered persons.
"Federally eligible individual" means an individual
resident of this State:
(1)(A) for whom, as of the date on which the individual
seeks Plan coverage under Section 15 of this Act, the
aggregate of the periods of creditable coverage is 18 or
more months or, if the individual has been certified as
eligible pursuant to the federal Trade Act of 2002, 3 or
more months, and (B) whose most recent prior creditable
coverage was under group health insurance coverage offered
by a health insurance issuer, a group health plan, a
governmental plan, or a church plan (or health insurance
coverage offered in connection with any such plans) or any
other type of creditable coverage that may be required by
the federal Health Insurance Portability and
Accountability Act of 1996, as it may be amended, or the
regulations under that Act;
(2) who is not eligible for coverage under (A) a group
health plan (other than an individual who has been
certified as eligible pursuant to the federal Trade Act of

HB4049 Enrolled - 1009 - LRB099 03667 KTG 23678 b
2002), (B) part A or part B of Medicare due to age (other
than an individual who has been certified as eligible
pursuant to the federal Trade Act of 2002), or (C) medical
assistance, and does not have other health insurance
coverage (other than an individual who has been certified
as eligible pursuant to the federal Trade Act of 2002);
(3) with respect to whom (other than an individual who
has been certified as eligible pursuant to the federal
Trade Act of 2002) the most recent coverage within the
coverage period described in paragraph (1)(A) of this
definition was not terminated based upon a factor relating
to nonpayment of premiums or fraud;
(4) if the individual (other than an individual who has
been certified as eligible pursuant to the federal Trade
Act of 2002) had been offered the option of continuation
coverage under a COBRA continuation provision or under a
similar State program, who elected such coverage; and
(5) who, if the individual elected such continuation
coverage, has exhausted such continuation coverage under
such provision or program.
However, an individual who has been certified as eligible
pursuant to the federal Trade Act of 2002 shall not be required
to elect continuation coverage under a COBRA continuation
provision or under a similar state program.
"Group health insurance coverage" means, in connection
with a group health plan, health insurance coverage offered in

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connection with that plan.
"Group health plan" has the same meaning given that term in
the federal Health Insurance Portability and Accountability
Act of 1996.
"Governmental plan" has the same meaning given that term in
the federal Health Insurance Portability and Accountability
Act of 1996.
"Health insurance coverage" means benefits consisting of
medical care (provided directly, through insurance or
reimbursement, or otherwise and including items and services
paid for as medical care) under any hospital and medical
expense-incurred policy, certificate, or contract provided by
an insurer, non-profit health care service plan contract,
health maintenance organization or other subscriber contract,
or any other health care plan or arrangement that pays for or
furnishes medical or health care services whether by insurance
or otherwise. Health insurance coverage shall not include short
term, accident only, disability income, hospital confinement
or fixed indemnity, dental only, vision only, limited benefit,
or credit insurance, coverage issued as a supplement to
liability insurance, insurance arising out of a workers'
compensation or similar law, automobile medical-payment
insurance, or insurance under which benefits are payable with
or without regard to fault and which is statutorily required to
be contained in any liability insurance policy or equivalent
self-insurance.

HB4049 Enrolled - 1011 - LRB099 03667 KTG 23678 b
"Health insurance issuer" means an insurance company,
insurance service, or insurance organization (including a
health maintenance organization and a voluntary health
services plan) that is authorized to transact health insurance
business in this State. Such term does not include a group
health plan.
"Health Maintenance Organization" means an organization as
defined in the Health Maintenance Organization Act.
"Hospice" means a program as defined in and licensed under
the Hospice Program Licensing Act.
"Hospital" means a duly licensed institution as defined in
the Hospital Licensing Act, an institution that meets all
comparable conditions and requirements in effect in the state
in which it is located, or the University of Illinois Hospital
as defined in the University of Illinois Hospital Act.
"Individual health insurance coverage" means health
insurance coverage offered to individuals in the individual
market, but does not include short-term, limited-duration
insurance.
"Insured" means any individual resident of this State who
is eligible to receive benefits from any insurer (including
health insurance coverage offered in connection with a group
health plan) or health insurance issuer as defined in this
Section.
"Insurer" means any insurance company authorized to
transact health insurance business in this State and any

HB4049 Enrolled - 1012 - LRB099 03667 KTG 23678 b
corporation that provides medical services and is organized
under the Voluntary Health Services Plans Act or the Health
Maintenance Organization Act.
"Medical assistance" means the State medical assistance or
medical assistance no grant (MANG) programs provided under
Title XIX of the Social Security Act and Articles V (Medical
Assistance) and VI (General Assistance) of the Illinois Public
Aid Code (or any successor program) or under any similar
program of health care benefits in a state other than Illinois.
"Medically necessary" means that a service, drug, or supply
is necessary and appropriate for the diagnosis or treatment of
an illness or injury in accord with generally accepted
standards of medical practice at the time the service, drug, or
supply is provided. When specifically applied to a confinement
it further means that the diagnosis or treatment of the covered
person's medical symptoms or condition cannot be safely
provided to that person as an outpatient. A service, drug, or
supply shall not be medically necessary if it: (i) is
investigational, experimental, or for research purposes; or
(ii) is provided solely for the convenience of the patient, the
patient's family, physician, hospital, or any other provider;
or (iii) exceeds in scope, duration, or intensity that level of
care that is needed to provide safe, adequate, and appropriate
diagnosis or treatment; or (iv) could have been omitted without
adversely affecting the covered person's condition or the
quality of medical care; or (v) involves the use of a medical

HB4049 Enrolled - 1013 - LRB099 03667 KTG 23678 b
device, drug, or substance not formally approved by the United
States Food and Drug Administration.
"Medical care" means the ordinary and usual professional
services rendered by a physician or other specified provider
during a professional visit for treatment of an illness or
injury.
"Medicare" means coverage under both Part A and Part B of
Title XVIII of the Social Security Act, 42 U.S.C. Sec. 1395, et
seq.
"Minimum premium plan" means an arrangement whereby a
specified amount of health care claims is self-funded, but the
insurance company assumes the risk that claims will exceed that
amount.
"Participating transplant center" means a hospital
designated by the Board as a preferred or exclusive provider of
services for one or more specified human organ or tissue
transplants for which the hospital has signed an agreement with
the Board to accept a transplant payment allowance for all
expenses related to the transplant during a transplant benefit
period.
"Physician" means a person licensed to practice medicine
pursuant to the Medical Practice Act of 1987.
"Plan" means the Comprehensive Health Insurance Plan
established by this Act.
"Plan of operation" means the plan of operation of the
Plan, including articles, bylaws and operating rules, adopted

HB4049 Enrolled - 1014 - LRB099 03667 KTG 23678 b
by the board pursuant to this Act.
"Provider" means any hospital, skilled nursing facility,
hospice, home health agency, physician, registered pharmacist
acting within the scope of that registration, or any other
person or entity licensed in Illinois to furnish medical care.
"Qualified high risk pool" has the same meaning given that
term in the federal Health Insurance Portability and
Accountability Act of 1996.
"Resident" means a person who is and continues to be
legally domiciled and physically residing on a permanent and
full-time basis in a place of permanent habitation in this
State that remains that person's principal residence and from
which that person is absent only for temporary or transitory
purpose.
"Skilled nursing facility" means a facility or that portion
of a facility that is licensed by the Illinois Department of
Public Health under the Nursing Home Care Act or a comparable
licensing authority in another state to provide skilled nursing
care.
"Stop-loss coverage" means an arrangement whereby an
insurer insures against the risk that any one claim will exceed
a specific dollar amount or that the entire loss of a
self-insurance plan will exceed a specific amount.
"Third party administrator" means an administrator as
defined in Section 511.101 of the Illinois Insurance Code who
is licensed under Article XXXI 1/4 of that Code.

HB4049 Enrolled - 1015 - LRB099 03667 KTG 23678 b
(Source: P.A. 97-346, eff. 8-12-11.)
Section 540. The Health Maintenance Organization Act is
amended by changing Section 4-9.1 as follows:
(215 ILCS 125/4-9.1) (from Ch. 111 1/2, par. 1409.2-1)
Sec. 4-9.1. Dependent Coverage Termination.
(a) The attainment of a limiting age under a group contract
or evidence of coverage which provides that coverage of a
dependent person of an enrollee shall terminate upon attainment
of the limiting age for dependent persons does not operate to
terminate the coverage of a person who, because of a disabling
handicapped condition that occurred before attainment of the
limiting age, is incapable of self-sustaining employment and is
dependent on his or her parents or other care providers for
lifetime care and supervision.
(b) For purposes of subsection (a), "dependent on other
care providers" is defined as requiring a Community Integrated
Living Arrangement, group home, supervised apartment, or other
residential services licensed or certified by the Department of
Human Services (as successor to the Department of Mental Health
and Developmental Disabilities), the Department of Public
Health, or the Department of Healthcare and Family Services
(formerly Department of Public Aid).
(c) Proof of such incapacity and dependency shall be
furnished to the health maintenance organization by the

HB4049 Enrolled - 1016 - LRB099 03667 KTG 23678 b
enrollee within 31 days of a request for the information by the
health maintenance organization and subsequently as may be
required by the health maintenance organization, but not more
frequently than annually. In the absence of proof submitted
within 31 days of such inquiry that such dependent is a person
who has a disability and is a dependent disabled and dependent
person, the health maintenance organization may terminate
coverage of such person at or after attainment of the limiting
age. In the absence of such inquiry, coverage of any person who
has a disability and is a dependent disabled and dependent
person shall continue through the term of the group contract or
evidence of coverage or any extension or renewal thereof.
(Source: P.A. 95-331, eff. 8-21-07.)
Section 545. The Viatical Settlements Act of 2009 is
amended by changing Section 50 as follows:
(215 ILCS 159/50)
Sec. 50. Prohibited practices.
(a) It is a violation of this Act for any person to enter
into a viatical settlement contract prior to the application of
or issuance of a policy that is the subject of the viatical
settlement contract. It is a violation of this Act for any
person to enter into stranger-originated life insurance or
STOLI as defined by this Act.
(b) It is a violation of this Act for any person to enter

HB4049 Enrolled - 1017 - LRB099 03667 KTG 23678 b
into a viatical settlement contract within a 2-year period
commencing with the date of issuance of the insurance policy
unless the viator certifies to the viatical settlement provider
that one or more of the following conditions have been met
within the 2-year period:
(1) The policy was issued upon the viator's exercise of
conversion rights arising out of a group or individual
policy, provided the total of the time covered under the
conversion policy plus the time covered under the prior
policy is at least 24 months. The time covered under a
group policy shall be calculated without regard to any
change in insurance carriers, provided the coverage has
been continuous and under the same group sponsorship.
(2) The viator certifies and submits independent
evidence to the viatical settlement provider that one or
more of the following conditions have been met within the
2-year period:
(A) the viator or insured is terminally or
chronically ill;
(B) the viator's spouse dies;
(C) the viator divorces his or her spouse;
(D) the viator retires from full-time employment;
(E) the viator becomes a person with a physical or
mental disability physically or mentally disabled and
a physician determines that the disability prevents
the viator from maintaining full-time employment;

HB4049 Enrolled - 1018 - LRB099 03667 KTG 23678 b
(F) a court of competent jurisdiction enters a
final order, judgment, or decree on the application of
a creditor of the viator, adjudicating the viator
bankrupt or insolvent, or approving a petition seeking
reorganization of the viator or appointing a receiver,
trustee, or liquidator to all or a substantial part of
the viator's assets;
(G) the sole beneficiary of the policy is a family
member of the viator and the beneficiary dies; or
(H) any other condition that the Director may
determine by regulation to be an extraordinary
circumstance for the viator or the insured.
(c) Copies of the independent evidence described in
paragraph (2) of subsection (b) of this Section and documents
required by Section 45 shall be submitted to the insurer when
the viatical settlement provider or any other party entering
into a viatical settlement contract with a viator submits a
request to the insurer for verification of coverage. The copies
shall be accompanied by a letter of attestation from the
viatical settlement provider that the copies are true and
correct copies of the documents received by the viatical
settlement provider.
(d) If the viatical settlement provider submits to the
insurer a copy of the owner or insured's certification
described in and the independent evidence required by paragraph
(2) of subsection (b) of this Section when the viatical

HB4049 Enrolled - 1019 - LRB099 03667 KTG 23678 b
settlement provider submits a request to the insurer to effect
the transfer of the policy to the viatical settlement provider,
then the copy shall be deemed to conclusively establish that
the viatical settlement contract satisfies the requirements of
this Section, and the insurer shall timely respond to the
request.
(e) No insurer may, as a condition of responding to a
request for verification of coverage or effecting the transfer
of a policy pursuant to a viatical settlement contract, require
that the viator, insured, viatical settlement provider, or
viatical settlement broker sign any forms, disclosures,
consent, or waiver form that has not been expressly approved by
the Director for use in connection with viatical settlement
contracts in this State.
(f) Upon receipt of a properly completed request for change
of ownership or beneficiary of a policy, the insurer shall
respond in writing within 30 calendar days to confirm that the
change has been effected or specifying the reasons why the
requested change cannot be processed. No insurer shall
unreasonably delay effecting change of ownership or
beneficiary or seek to interfere with any viatical settlement
contract lawfully entered into in this State.
(Source: P.A. 96-736, eff. 7-1-10.)
Section 550. The Voluntary Health Services Plans Act is
amended by changing Section 15a as follows:

HB4049 Enrolled - 1020 - LRB099 03667 KTG 23678 b
(215 ILCS 165/15a) (from Ch. 32, par. 609a)
Sec. 15a. Dependent Coverage Termination.
(a) The attainment of a limiting age under a voluntary
health services plan which provides that coverage of a
dependent of a subscriber terminates upon attainment of the
limiting age for dependent persons specified in the
subscription certificate does not operate to terminate the
coverage of a person who, because of a disabling handicapped
condition that occurred before attainment of the limiting age,
is incapable of self-sustaining employment and is dependent on
his or her parents or other care providers for lifetime care
and supervision.
(b) For purposes of subsection (a), "dependent on other
care providers" is defined as requiring a Community Integrated
Living Arrangement, group home, supervised apartment, or other
residential services licensed or certified by the Department of
Human Services (as successor to the Department of Mental Health
and Developmental Disabilities), the Department of Public
Health, or the Department of Healthcare and Family Services
(formerly Department of Public Aid).
(c) The corporation may require, at reasonable intervals
from the date of the first claim filed on behalf of the person
with a disability who is dependent disabled and dependent
person or from the date the corporation receives notice of a
covered person's disability and dependency, proof of the

HB4049 Enrolled - 1021 - LRB099 03667 KTG 23678 b
person's disability and dependency.
(d) This amendatory Act of 1969 is applicable to
subscription certificates issued or renewed after October 27,
1969.
(Source: P.A. 95-331, eff. 8-21-07.)
Section 555. The Public Utilities Act is amended by
changing Sections 13-703 and 16-108.5 as follows:
(220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)
(Section scheduled to be repealed on July 1, 2015)
Sec. 13-703. (a) The Commission shall design and implement
a program whereby each telecommunications carrier providing
local exchange service shall provide a telecommunications
device capable of servicing the needs of those persons with a
hearing or speech disability together with a single party line,
at no charge additional to the basic exchange rate, to any
subscriber who is certified as having a hearing or speech
disability by a licensed physician, speech-language
pathologist, audiologist or a qualified State agency and to any
subscriber which is an organization serving the needs of those
persons with a hearing or speech disability as determined and
specified by the Commission pursuant to subsection (d).
(b) The Commission shall design and implement a program,
whereby each telecommunications carrier providing local
exchange service shall provide a telecommunications relay

HB4049 Enrolled - 1022 - LRB099 03667 KTG 23678 b
system, using third party intervention to connect those persons
having a hearing or speech disability with persons of normal
hearing by way of intercommunications devices and the telephone
system, making available reasonable access to all phases of
public telephone service to persons who have a hearing or
speech disability. In order to design a telecommunications
relay system which will meet the requirements of those persons
with a hearing or speech disability available at a reasonable
cost, the Commission shall initiate an investigation and
conduct public hearings to determine the most cost-effective
method of providing telecommunications relay service to those
persons who have a hearing or speech disability when using
telecommunications devices and therein solicit the advice,
counsel, and physical assistance of Statewide nonprofit
consumer organizations that serve persons with hearing or
speech disabilities in such hearings and during the development
and implementation of the system. The Commission shall phase in
this program, on a geographical basis, as soon as is
practicable, but no later than June 30, 1990.
(c) The Commission shall establish a rate recovery
mechanism, authorizing charges in an amount to be determined by
the Commission for each line of a subscriber to allow
telecommunications carriers providing local exchange service
to recover costs as they are incurred under this Section.
(d) The Commission shall determine and specify those
organizations serving the needs of those persons having a

HB4049 Enrolled - 1023 - LRB099 03667 KTG 23678 b
hearing or speech disability that shall receive a
telecommunications device and in which offices the equipment
shall be installed in the case of an organization having more
than one office. For the purposes of this Section,
"organizations serving the needs of those persons with hearing
or speech disabilities" means centers for independent living as
described in Section 12a of the Rehabilitation of Persons with
Disabilities Disabled Persons Rehabilitation Act and
not-for-profit organizations whose primary purpose is serving
the needs of those persons with hearing or speech disabilities.
The Commission shall direct the telecommunications carriers
subject to its jurisdiction and this Section to comply with its
determinations and specifications in this regard.
(e) As used in this Section, the phrase "telecommunications
carrier providing local exchange service" includes, without
otherwise limiting the meaning of the term, telecommunications
carriers which are purely mutual concerns, having no rates or
charges for services, but paying the operating expenses by
assessment upon the members of such a company and no other
person.
(f) Interconnected VoIP service providers in Illinois
shall collect and remit assessments determined in accordance
with this Section in a competitively neutral manner in the same
manner as a telecommunications carrier providing local
exchange service. Interconnected VoIP services shall not be
considered an intrastate telecommunications service for the

HB4049 Enrolled - 1024 - LRB099 03667 KTG 23678 b
purposes of this Section in a manner inconsistent with federal
law or Federal Communications Commission regulation.
(g) The provisions of this Section are severable under
Section 1.31 of the Statute on Statutes.
(Source: P.A. 96-927, eff. 6-15-10.)
(220 ILCS 5/16-108.5)
Sec. 16-108.5. Infrastructure investment and
modernization; regulatory reform.
(a) (Blank).
(b) For purposes of this Section, "participating utility"
means an electric utility or a combination utility serving more
than 1,000,000 customers in Illinois that voluntarily elects
and commits to undertake (i) the infrastructure investment
program consisting of the commitments and obligations
described in this subsection (b) and (ii) the customer
assistance program consisting of the commitments and
obligations described in subsection (b-10) of this Section,
notwithstanding any other provisions of this Act and without
obtaining any approvals from the Commission or any other agency
other than as set forth in this Section, regardless of whether
any such approval would otherwise be required. "Combination
utility" means a utility that, as of January 1, 2011, provided
electric service to at least one million retail customers in
Illinois and gas service to at least 500,000 retail customers
in Illinois. A participating utility shall recover the

HB4049 Enrolled - 1025 - LRB099 03667 KTG 23678 b
expenditures made under the infrastructure investment program
through the ratemaking process, including, but not limited to,
the performance-based formula rate and process set forth in
this Section.
During the infrastructure investment program's peak
program year, a participating utility other than a combination
utility shall create 2,000 full-time equivalent jobs in
Illinois, and a participating utility that is a combination
utility shall create 450 full-time equivalent jobs in Illinois
related to the provision of electric service. These jobs shall
include direct jobs, contractor positions, and induced jobs,
but shall not include any portion of a job commitment, not
specifically contingent on an amendatory Act of the 97th
General Assembly becoming law, between a participating utility
and a labor union that existed on the effective date of this
amendatory Act of the 97th General Assembly and that has not
yet been fulfilled. A portion of the full-time equivalent jobs
created by each participating utility shall include
incremental personnel hired subsequent to the effective date of
this amendatory Act of the 97th General Assembly. For purposes
of this Section, "peak program year" means the consecutive
12-month period with the highest number of full-time equivalent
jobs that occurs between the beginning of investment year 2 and
the end of investment year 4.
A participating utility shall meet one of the following
commitments, as applicable:

HB4049 Enrolled - 1026 - LRB099 03667 KTG 23678 b
(1) Beginning no later than 180 days after a
participating utility other than a combination utility
files a performance-based formula rate tariff pursuant to
subsection (c) of this Section, or, beginning no later than
January 1, 2012 if such utility files such
performance-based formula rate tariff within 14 days of the
effective date of this amendatory Act of the 97th General
Assembly, the participating utility shall, except as
provided in subsection (b-5):
(A) over a 5-year period, invest an estimated
$1,300,000,000 in electric system upgrades,
modernization projects, and training facilities,
including, but not limited to:
(i) distribution infrastructure improvements
totaling an estimated $1,000,000,000, including
underground residential distribution cable
injection and replacement and mainline cable
system refurbishment and replacement projects;
(ii) training facility construction or upgrade
projects totaling an estimated $10,000,000,
provided that, at a minimum, one such facility
shall be located in a municipality having a
population of more than 2 million residents and one
such facility shall be located in a municipality
having a population of more than 150,000 residents
but fewer than 170,000 residents; any such new

HB4049 Enrolled - 1027 - LRB099 03667 KTG 23678 b
facility located in a municipality having a
population of more than 2 million residents must be
designed for the purpose of obtaining, and the
owner of the facility shall apply for,
certification under the United States Green
Building Council's Leadership in Energy Efficiency
Design Green Building Rating System;
(iii) wood pole inspection, treatment, and
replacement programs;
(iv) an estimated $200,000,000 for reducing
the susceptibility of certain circuits to
storm-related damage, including, but not limited
to, high winds, thunderstorms, and ice storms;
improvements may include, but are not limited to,
overhead to underground conversion and other
engineered outcomes for circuits; the
participating utility shall prioritize the
selection of circuits based on each circuit's
historical susceptibility to storm-related damage
and the ability to provide the greatest customer
benefit upon completion of the improvements; to be
eligible for improvement, the participating
utility's ability to maintain proper tree
clearances surrounding the overhead circuit must
not have been impeded by third parties; and
(B) over a 10-year period, invest an estimated

HB4049 Enrolled - 1028 - LRB099 03667 KTG 23678 b
$1,300,000,000 to upgrade and modernize its
transmission and distribution infrastructure and in
Smart Grid electric system upgrades, including, but
not limited to:
(i) additional smart meters;
(ii) distribution automation;
(iii) associated cyber secure data
communication network; and
(iv) substation micro-processor relay
upgrades.
(2) Beginning no later than 180 days after a
participating utility that is a combination utility files a
performance-based formula rate tariff pursuant to
subsection (c) of this Section, or, beginning no later than
January 1, 2012 if such utility files such
performance-based formula rate tariff within 14 days of the
effective date of this amendatory Act of the 97th General
Assembly, the participating utility shall, except as
provided in subsection (b-5):
(A) over a 10-year period, invest an estimated
$265,000,000 in electric system upgrades,
modernization projects, and training facilities,
including, but not limited to:
(i) distribution infrastructure improvements
totaling an estimated $245,000,000, which may
include bulk supply substations, transformers,

HB4049 Enrolled - 1029 - LRB099 03667 KTG 23678 b
reconductoring, and rebuilding overhead
distribution and sub-transmission lines,
underground residential distribution cable
injection and replacement and mainline cable
system refurbishment and replacement projects;
(ii) training facility construction or upgrade
projects totaling an estimated $1,000,000; any
such new facility must be designed for the purpose
of obtaining, and the owner of the facility shall
apply for, certification under the United States
Green Building Council's Leadership in Energy
Efficiency Design Green Building Rating System;
and
(iii) wood pole inspection, treatment, and
replacement programs; and
(B) over a 10-year period, invest an estimated
$360,000,000 to upgrade and modernize its transmission
and distribution infrastructure and in Smart Grid
electric system upgrades, including, but not limited
to:
(i) additional smart meters;
(ii) distribution automation;
(iii) associated cyber secure data
communication network; and
(iv) substation micro-processor relay
upgrades.

HB4049 Enrolled - 1030 - LRB099 03667 KTG 23678 b
For purposes of this Section, "Smart Grid electric system
upgrades" shall have the meaning set forth in subsection (a) of
Section 16-108.6 of this Act.
The investments in the infrastructure investment program
described in this subsection (b) shall be incremental to the
participating utility's annual capital investment program, as
defined by, for purposes of this subsection (b), the
participating utility's average capital spend for calendar
years 2008, 2009, and 2010 as reported in the applicable
Federal Energy Regulatory Commission (FERC) Form 1; provided
that where one or more utilities have merged, the average
capital spend shall be determined using the aggregate of the
merged utilities' capital spend reported in FERC Form 1 for the
years 2008, 2009, and 2010. A participating utility may add
reasonable construction ramp-up and ramp-down time to the
investment periods specified in this subsection (b). For each
such investment period, the ramp-up and ramp-down time shall
not exceed a total of 6 months.
Within 60 days after filing a tariff under subsection (c)
of this Section, a participating utility shall submit to the
Commission its plan, including scope, schedule, and staffing,
for satisfying its infrastructure investment program
commitments pursuant to this subsection (b). The submitted plan
shall include a schedule and staffing plan for the next
calendar year. The plan shall also include a plan for the
creation, operation, and administration of a Smart Grid test

HB4049 Enrolled - 1031 - LRB099 03667 KTG 23678 b
bed as described in subsection (c) of Section 16-108.8. The
plan need not allocate the work equally over the respective
periods, but should allocate material increments throughout
such periods commensurate with the work to be undertaken. No
later than April 1 of each subsequent year, the utility shall
submit to the Commission a report that includes any updates to
the plan, a schedule for the next calendar year, the
expenditures made for the prior calendar year and cumulatively,
and the number of full-time equivalent jobs created for the
prior calendar year and cumulatively. If the utility is
materially deficient in satisfying a schedule or staffing plan,
then the report must also include a corrective action plan to
address the deficiency. The fact that the plan, implementation
of the plan, or a schedule changes shall not imply the
imprudence or unreasonableness of the infrastructure
investment program, plan, or schedule. Further, no later than
45 days following the last day of the first, second, and third
quarters of each year of the plan, a participating utility
shall submit to the Commission a verified quarterly report for
the prior quarter that includes (i) the total number of
full-time equivalent jobs created during the prior quarter,
(ii) the total number of employees as of the last day of the
prior quarter, (iii) the total number of full-time equivalent
hours in each job classification or job title, (iv) the total
number of incremental employees and contractors in support of
the investments undertaken pursuant to this subsection (b) for

HB4049 Enrolled - 1032 - LRB099 03667 KTG 23678 b
the prior quarter, and (v) any other information that the
Commission may require by rule.
With respect to the participating utility's peak job
commitment, if, after considering the utility's corrective
action plan and compliance thereunder, the Commission enters an
order finding, after notice and hearing, that a participating
utility did not satisfy its peak job commitment described in
this subsection (b) for reasons that are reasonably within its
control, then the Commission shall also determine, after
consideration of the evidence, including, but not limited to,
evidence submitted by the Department of Commerce and Economic
Opportunity and the utility, the deficiency in the number of
full-time equivalent jobs during the peak program year due to
such failure. The Commission shall notify the Department of any
proceeding that is initiated pursuant to this paragraph. For
each full-time equivalent job deficiency during the peak
program year that the Commission finds as set forth in this
paragraph, the participating utility shall, within 30 days
after the entry of the Commission's order, pay $6,000 to a fund
for training grants administered under Section 605-800 of The
Department of Commerce and Economic Opportunity Law, which
shall not be a recoverable expense.
With respect to the participating utility's investment
amount commitments, if, after considering the utility's
corrective action plan and compliance thereunder, the
Commission enters an order finding, after notice and hearing,

HB4049 Enrolled - 1033 - LRB099 03667 KTG 23678 b
that a participating utility is not satisfying its investment
amount commitments described in this subsection (b), then the
utility shall no longer be eligible to annually update the
performance-based formula rate tariff pursuant to subsection
(d) of this Section. In such event, the then current rates
shall remain in effect until such time as new rates are set
pursuant to Article IX of this Act, subject to retroactive
adjustment, with interest, to reconcile rates charged with
actual costs.
If the Commission finds that a participating utility is no
longer eligible to update the performance-based formula rate
tariff pursuant to subsection (d) of this Section, or the
performance-based formula rate is otherwise terminated, then
the participating utility's voluntary commitments and
obligations under this subsection (b) shall immediately
terminate, except for the utility's obligation to pay an amount
already owed to the fund for training grants pursuant to a
Commission order.
In meeting the obligations of this subsection (b), to the
extent feasible and consistent with State and federal law, the
investments under the infrastructure investment program should
provide employment opportunities for all segments of the
population and workforce, including minority-owned and
female-owned business enterprises, and shall not, consistent
with State and federal law, discriminate based on race or
socioeconomic status.

HB4049 Enrolled - 1034 - LRB099 03667 KTG 23678 b
(b-5) Nothing in this Section shall prohibit the Commission
from investigating the prudence and reasonableness of the
expenditures made under the infrastructure investment program
during the annual review required by subsection (d) of this
Section and shall, as part of such investigation, determine
whether the utility's actual costs under the program are
prudent and reasonable. The fact that a participating utility
invests more than the minimum amounts specified in subsection
(b) of this Section or its plan shall not imply imprudence or
unreasonableness.
If the participating utility finds that it is implementing
its plan for satisfying the infrastructure investment program
commitments described in subsection (b) of this Section at a
cost below the estimated amounts specified in subsection (b) of
this Section, then the utility may file a petition with the
Commission requesting that it be permitted to satisfy its
commitments by spending less than the estimated amounts
specified in subsection (b) of this Section. The Commission
shall, after notice and hearing, enter its order approving, or
approving as modified, or denying each such petition within 150
days after the filing of the petition.
In no event, absent General Assembly approval, shall the
capital investment costs incurred by a participating utility
other than a combination utility in satisfying its
infrastructure investment program commitments described in
subsection (b) of this Section exceed $3,000,000,000 or, for a

HB4049 Enrolled - 1035 - LRB099 03667 KTG 23678 b
participating utility that is a combination utility,
$720,000,000. If the participating utility's updated cost
estimates for satisfying its infrastructure investment program
commitments described in subsection (b) of this Section exceed
the limitation imposed by this subsection (b-5), then it shall
submit a report to the Commission that identifies the increased
costs and explains the reason or reasons for the increased
costs no later than the year in which the utility estimates it
will exceed the limitation. The Commission shall review the
report and shall, within 90 days after the participating
utility files the report, report to the General Assembly its
findings regarding the participating utility's report. If the
General Assembly does not amend the limitation imposed by this
subsection (b-5), then the utility may modify its plan so as
not to exceed the limitation imposed by this subsection (b-5)
and may propose corresponding changes to the metrics
established pursuant to subparagraphs (5) through (8) of
subsection (f) of this Section, and the Commission may modify
the metrics and incremental savings goals established pursuant
to subsection (f) of this Section accordingly.
(b-10) All participating utilities shall make
contributions for an energy low-income and support program in
accordance with this subsection. Beginning no later than 180
days after a participating utility files a performance-based
formula rate tariff pursuant to subsection (c) of this Section,
or beginning no later than January 1, 2012 if such utility

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files such performance-based formula rate tariff within 14 days
of the effective date of this amendatory Act of the 97th
General Assembly, and without obtaining any approvals from the
Commission or any other agency other than as set forth in this
Section, regardless of whether any such approval would
otherwise be required, a participating utility other than a
combination utility shall pay $10,000,000 per year for 5 years
and a participating utility that is a combination utility shall
pay $1,000,000 per year for 10 years to the energy low-income
and support program, which is intended to fund customer
assistance programs with the primary purpose being avoidance of
imminent disconnection. Such programs may include:
(1) a residential hardship program that may partner
with community-based organizations, including senior
citizen organizations, and provides grants to low-income
residential customers, including low-income senior
citizens, who demonstrate a hardship;
(2) a program that provides grants and other bill
payment concessions to veterans with disabilities disabled
veterans who demonstrate a hardship and members of the
armed services or reserve forces of the United States or
members of the Illinois National Guard who are on active
duty pursuant to an executive order of the President of the
United States, an act of the Congress of the United States,
or an order of the Governor and who demonstrate a hardship;
(3) a budget assistance program that provides tools and

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education to low-income senior citizens to assist them with
obtaining information regarding energy usage and effective
means of managing energy costs;
(4) a non-residential special hardship program that
provides grants to non-residential customers such as small
businesses and non-profit organizations that demonstrate a
hardship, including those providing services to senior
citizen and low-income customers; and
(5) a performance-based assistance program that
provides grants to encourage residential customers to make
on-time payments by matching a portion of the customer's
payments or providing credits towards arrearages.
The payments made by a participating utility pursuant to
this subsection (b-10) shall not be a recoverable expense. A
participating utility may elect to fund either new or existing
customer assistance programs, including, but not limited to,
those that are administered by the utility.
Programs that use funds that are provided by a
participating utility to reduce utility bills may be
implemented through tariffs that are filed with and reviewed by
the Commission. If a utility elects to file tariffs with the
Commission to implement all or a portion of the programs, those
tariffs shall, regardless of the date actually filed, be deemed
accepted and approved, and shall become effective on the
effective date of this amendatory Act of the 97th General
Assembly. The participating utilities whose customers benefit

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from the funds that are disbursed as contemplated in this
Section shall file annual reports documenting the disbursement
of those funds with the Commission. The Commission has the
authority to audit disbursement of the funds to ensure they
were disbursed consistently with this Section.
If the Commission finds that a participating utility is no
longer eligible to update the performance-based formula rate
tariff pursuant to subsection (d) of this Section, or the
performance-based formula rate is otherwise terminated, then
the participating utility's voluntary commitments and
obligations under this subsection (b-10) shall immediately
terminate.
(c) A participating utility may elect to recover its
delivery services costs through a performance-based formula
rate approved by the Commission, which shall specify the cost
components that form the basis of the rate charged to customers
with sufficient specificity to operate in a standardized manner
and be updated annually with transparent information that
reflects the utility's actual costs to be recovered during the
applicable rate year, which is the period beginning with the
first billing day of January and extending through the last
billing day of the following December. In the event the utility
recovers a portion of its costs through automatic adjustment
clause tariffs on the effective date of this amendatory Act of
the 97th General Assembly, the utility may elect to continue to
recover these costs through such tariffs, but then these costs

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shall not be recovered through the performance-based formula
rate. In the event the participating utility, prior to the
effective date of this amendatory Act of the 97th General
Assembly, filed electric delivery services tariffs with the
Commission pursuant to Section 9-201 of this Act that are
related to the recovery of its electric delivery services costs
that are still pending on the effective date of this amendatory
Act of the 97th General Assembly, the participating utility
shall, at the time it files its performance-based formula rate
tariff with the Commission, also file a notice of withdrawal
with the Commission to withdraw the electric delivery services
tariffs previously filed pursuant to Section 9-201 of this Act.
Upon receipt of such notice, the Commission shall dismiss with
prejudice any docket that had been initiated to investigate the
electric delivery services tariffs filed pursuant to Section
9-201 of this Act, and such tariffs and the record related
thereto shall not be the subject of any further hearing,
investigation, or proceeding of any kind related to rates for
electric delivery services.
The performance-based formula rate shall be implemented
through a tariff filed with the Commission consistent with the
provisions of this subsection (c) that shall be applicable to
all delivery services customers. The Commission shall initiate
and conduct an investigation of the tariff in a manner
consistent with the provisions of this subsection (c) and the
provisions of Article IX of this Act to the extent they do not

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conflict with this subsection (c). Except in the case where the
Commission finds, after notice and hearing, that a
participating utility is not satisfying its investment amount
commitments under subsection (b) of this Section, the
performance-based formula rate shall remain in effect at the
discretion of the utility. The performance-based formula rate
approved by the Commission shall do the following:
(1) Provide for the recovery of the utility's actual
costs of delivery services that are prudently incurred and
reasonable in amount consistent with Commission practice
and law. The sole fact that a cost differs from that
incurred in a prior calendar year or that an investment is
different from that made in a prior calendar year shall not
imply the imprudence or unreasonableness of that cost or
investment.
(2) Reflect the utility's actual year-end capital
structure for the applicable calendar year, excluding
goodwill, subject to a determination of prudence and
reasonableness consistent with Commission practice and
law.
(3) Include a cost of equity, which shall be calculated
as the sum of the following:
(A) the average for the applicable calendar year of
the monthly average yields of 30-year U.S. Treasury
bonds published by the Board of Governors of the
Federal Reserve System in its weekly H.15 Statistical

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Release or successor publication; and
(B) 580 basis points.
At such time as the Board of Governors of the Federal
Reserve System ceases to include the monthly average yields
of 30-year U.S. Treasury bonds in its weekly H.15
Statistical Release or successor publication, the monthly
average yields of the U.S. Treasury bonds then having the
longest duration published by the Board of Governors in its
weekly H.15 Statistical Release or successor publication
shall instead be used for purposes of this paragraph (3).
(4) Permit and set forth protocols, subject to a
determination of prudence and reasonableness consistent
with Commission practice and law, for the following:
(A) recovery of incentive compensation expense
that is based on the achievement of operational
metrics, including metrics related to budget controls,
outage duration and frequency, safety, customer
service, efficiency and productivity, and
environmental compliance. Incentive compensation
expense that is based on net income or an affiliate's
earnings per share shall not be recoverable under the
performance-based formula rate;
(B) recovery of pension and other post-employment
benefits expense, provided that such costs are
supported by an actuarial study;
(C) recovery of severance costs, provided that if

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the amount is over $3,700,000 for a participating
utility that is a combination utility or $10,000,000
for a participating utility that serves more than 3
million retail customers, then the full amount shall be
amortized consistent with subparagraph (F) of this
paragraph (4);
(D) investment return at a rate equal to the
utility's weighted average cost of long-term debt, on
the pension assets as, and in the amount, reported in
Account 186 (or in such other Account or Accounts as
such asset may subsequently be recorded) of the
utility's most recently filed FERC Form 1, net of
deferred tax benefits;
(E) recovery of the expenses related to the
Commission proceeding under this subsection (c) to
approve this performance-based formula rate and
initial rates or to subsequent proceedings related to
the formula, provided that the recovery shall be
amortized over a 3-year period; recovery of expenses
related to the annual Commission proceedings under
subsection (d) of this Section to review the inputs to
the performance-based formula rate shall be expensed
and recovered through the performance-based formula
rate;
(F) amortization over a 5-year period of the full
amount of each charge or credit that exceeds $3,700,000

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for a participating utility that is a combination
utility or $10,000,000 for a participating utility
that serves more than 3 million retail customers in the
applicable calendar year and that relates to a
workforce reduction program's severance costs, changes
in accounting rules, changes in law, compliance with
any Commission-initiated audit, or a single storm or
other similar expense, provided that any unamortized
balance shall be reflected in rate base. For purposes
of this subparagraph (F), changes in law includes any
enactment, repeal, or amendment in a law, ordinance,
rule, regulation, interpretation, permit, license,
consent, or order, including those relating to taxes,
accounting, or to environmental matters, or in the
interpretation or application thereof by any
governmental authority occurring after the effective
date of this amendatory Act of the 97th General
Assembly;
(G) recovery of existing regulatory assets over
the periods previously authorized by the Commission;
(H) historical weather normalized billing
determinants; and
(I) allocation methods for common costs.
(5) Provide that if the participating utility's earned
rate of return on common equity related to the provision of
delivery services for the prior rate year (calculated using

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costs and capital structure approved by the Commission as
provided in subparagraph (2) of this subsection (c),
consistent with this Section, in accordance with
Commission rules and orders, including, but not limited to,
adjustments for goodwill, and after any Commission-ordered
disallowances and taxes) is more than 50 basis points
higher than the rate of return on common equity calculated
pursuant to paragraph (3) of this subsection (c) (after
adjusting for any penalties to the rate of return on common
equity applied pursuant to the performance metrics
provision of subsection (f) of this Section), then the
participating utility shall apply a credit through the
performance-based formula rate that reflects an amount
equal to the value of that portion of the earned rate of
return on common equity that is more than 50 basis points
higher than the rate of return on common equity calculated
pursuant to paragraph (3) of this subsection (c) (after
adjusting for any penalties to the rate of return on common
equity applied pursuant to the performance metrics
provision of subsection (f) of this Section) for the prior
rate year, adjusted for taxes. If the participating
utility's earned rate of return on common equity related to
the provision of delivery services for the prior rate year
(calculated using costs and capital structure approved by
the Commission as provided in subparagraph (2) of this
subsection (c), consistent with this Section, in

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accordance with Commission rules and orders, including,
but not limited to, adjustments for goodwill, and after any
Commission-ordered disallowances and taxes) is more than
50 basis points less than the return on common equity
calculated pursuant to paragraph (3) of this subsection (c)
(after adjusting for any penalties to the rate of return on
common equity applied pursuant to the performance metrics
provision of subsection (f) of this Section), then the
participating utility shall apply a charge through the
performance-based formula rate that reflects an amount
equal to the value of that portion of the earned rate of
return on common equity that is more than 50 basis points
less than the rate of return on common equity calculated
pursuant to paragraph (3) of this subsection (c) (after
adjusting for any penalties to the rate of return on common
equity applied pursuant to the performance metrics
provision of subsection (f) of this Section) for the prior
rate year, adjusted for taxes.
(6) Provide for an annual reconciliation, as described
in subsection (d) of this Section, with interest, of the
revenue requirement reflected in rates for each calendar
year, beginning with the calendar year in which the utility
files its performance-based formula rate tariff pursuant
to subsection (c) of this Section, with what the revenue
requirement would have been had the actual cost information
for the applicable calendar year been available at the

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filing date.
The utility shall file, together with its tariff, final
data based on its most recently filed FERC Form 1, plus
projected plant additions and correspondingly updated
depreciation reserve and expense for the calendar year in which
the tariff and data are filed, that shall populate the
performance-based formula rate and set the initial delivery
services rates under the formula. For purposes of this Section,
"FERC Form 1" means the Annual Report of Major Electric
Utilities, Licensees and Others that electric utilities are
required to file with the Federal Energy Regulatory Commission
under the Federal Power Act, Sections 3, 4(a), 304 and 209,
modified as necessary to be consistent with 83 Ill. Admin. Code
Part 415 as of May 1, 2011. Nothing in this Section is intended
to allow costs that are not otherwise recoverable to be
recoverable by virtue of inclusion in FERC Form 1.
After the utility files its proposed performance-based
formula rate structure and protocols and initial rates, the
Commission shall initiate a docket to review the filing. The
Commission shall enter an order approving, or approving as
modified, the performance-based formula rate, including the
initial rates, as just and reasonable within 270 days after the
date on which the tariff was filed, or, if the tariff is filed
within 14 days after the effective date of this amendatory Act
of the 97th General Assembly, then by May 31, 2012. Such review
shall be based on the same evidentiary standards, including,

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but not limited to, those concerning the prudence and
reasonableness of the costs incurred by the utility, the
Commission applies in a hearing to review a filing for a
general increase in rates under Article IX of this Act. The
initial rates shall take effect within 30 days after the
Commission's order approving the performance-based formula
rate tariff.
Until such time as the Commission approves a different rate
design and cost allocation pursuant to subsection (e) of this
Section, rate design and cost allocation across customer
classes shall be consistent with the Commission's most recent
order regarding the participating utility's request for a
general increase in its delivery services rates.
Subsequent changes to the performance-based formula rate
structure or protocols shall be made as set forth in Section
9-201 of this Act, but nothing in this subsection (c) is
intended to limit the Commission's authority under Article IX
and other provisions of this Act to initiate an investigation
of a participating utility's performance-based formula rate
tariff, provided that any such changes shall be consistent with
paragraphs (1) through (6) of this subsection (c). Any change
ordered by the Commission shall be made at the same time new
rates take effect following the Commission's next order
pursuant to subsection (d) of this Section, provided that the
new rates take effect no less than 30 days after the date on
which the Commission issues an order adopting the change.

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A participating utility that files a tariff pursuant to
this subsection (c) must submit a one-time $200,000 filing fee
at the time the Chief Clerk of the Commission accepts the
filing, which shall be a recoverable expense.
In the event the performance-based formula rate is
terminated, the then current rates shall remain in effect until
such time as new rates are set pursuant to Article IX of this
Act, subject to retroactive rate adjustment, with interest, to
reconcile rates charged with actual costs. At such time that
the performance-based formula rate is terminated, the
participating utility's voluntary commitments and obligations
under subsection (b) of this Section shall immediately
terminate, except for the utility's obligation to pay an amount
already owed to the fund for training grants pursuant to a
Commission order issued under subsection (b) of this Section.
(d) Subsequent to the Commission's issuance of an order
approving the utility's performance-based formula rate
structure and protocols, and initial rates under subsection (c)
of this Section, the utility shall file, on or before May 1 of
each year, with the Chief Clerk of the Commission its updated
cost inputs to the performance-based formula rate for the
applicable rate year and the corresponding new charges. Each
such filing shall conform to the following requirements and
include the following information:
(1) The inputs to the performance-based formula rate
for the applicable rate year shall be based on final

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historical data reflected in the utility's most recently
filed annual FERC Form 1 plus projected plant additions and
correspondingly updated depreciation reserve and expense
for the calendar year in which the inputs are filed. The
filing shall also include a reconciliation of the revenue
requirement that was in effect for the prior rate year (as
set by the cost inputs for the prior rate year) with the
actual revenue requirement for the prior rate year
(determined using a year-end rate base) that uses amounts
reflected in the applicable FERC Form 1 that reports the
actual costs for the prior rate year. Any over-collection
or under-collection indicated by such reconciliation shall
be reflected as a credit against, or recovered as an
additional charge to, respectively, with interest
calculated at a rate equal to the utility's weighted
average cost of capital approved by the Commission for the
prior rate year, the charges for the applicable rate year.
Provided, however, that the first such reconciliation
shall be for the calendar year in which the utility files
its performance-based formula rate tariff pursuant to
subsection (c) of this Section and shall reconcile (i) the
revenue requirement or requirements established by the
rate order or orders in effect from time to time during
such calendar year (weighted, as applicable) with (ii) the
revenue requirement determined using a year-end rate base
for that calendar year calculated pursuant to the

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performance-based formula rate using (A) actual costs for
that year as reflected in the applicable FERC Form 1, and
(B) for the first such reconciliation only, the cost of
equity, which shall be calculated as the sum of 590 basis
points plus the average for the applicable calendar year of
the monthly average yields of 30-year U.S. Treasury bonds
published by the Board of Governors of the Federal Reserve
System in its weekly H.15 Statistical Release or successor
publication. The first such reconciliation is not intended
to provide for the recovery of costs previously excluded
from rates based on a prior Commission order finding of
imprudence or unreasonableness. Each reconciliation shall
be certified by the participating utility in the same
manner that FERC Form 1 is certified. The filing shall also
include the charge or credit, if any, resulting from the
calculation required by paragraph (6) of subsection (c) of
this Section.
Notwithstanding anything that may be to the contrary,
the intent of the reconciliation is to ultimately reconcile
the revenue requirement reflected in rates for each
calendar year, beginning with the calendar year in which
the utility files its performance-based formula rate
tariff pursuant to subsection (c) of this Section, with
what the revenue requirement determined using a year-end
rate base for the applicable calendar year would have been
had the actual cost information for the applicable calendar

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year been available at the filing date.
(2) The new charges shall take effect beginning on the
first billing day of the following January billing period
and remain in effect through the last billing day of the
next December billing period regardless of whether the
Commission enters upon a hearing pursuant to this
subsection (d).
(3) The filing shall include relevant and necessary
data and documentation for the applicable rate year that is
consistent with the Commission's rules applicable to a
filing for a general increase in rates or any rules adopted
by the Commission to implement this Section. Normalization
adjustments shall not be required. Notwithstanding any
other provision of this Section or Act or any rule or other
requirement adopted by the Commission, a participating
utility that is a combination utility with more than one
rate zone shall not be required to file a separate set of
such data and documentation for each rate zone and may
combine such data and documentation into a single set of
schedules.
Within 45 days after the utility files its annual update of
cost inputs to the performance-based formula rate, the
Commission shall have the authority, either upon complaint or
its own initiative, but with reasonable notice, to enter upon a
hearing concerning the prudence and reasonableness of the costs
incurred by the utility to be recovered during the applicable

HB4049 Enrolled - 1052 - LRB099 03667 KTG 23678 b
rate year that are reflected in the inputs to the
performance-based formula rate derived from the utility's FERC
Form 1. During the course of the hearing, each objection shall
be stated with particularity and evidence provided in support
thereof, after which the utility shall have the opportunity to
rebut the evidence. Discovery shall be allowed consistent with
the Commission's Rules of Practice, which Rules shall be
enforced by the Commission or the assigned hearing examiner.
The Commission shall apply the same evidentiary standards,
including, but not limited to, those concerning the prudence
and reasonableness of the costs incurred by the utility, in the
hearing as it would apply in a hearing to review a filing for a
general increase in rates under Article IX of this Act. The
Commission shall not, however, have the authority in a
proceeding under this subsection (d) to consider or order any
changes to the structure or protocols of the performance-based
formula rate approved pursuant to subsection (c) of this
Section. In a proceeding under this subsection (d), the
Commission shall enter its order no later than the earlier of
240 days after the utility's filing of its annual update of
cost inputs to the performance-based formula rate or December
31. The Commission's determinations of the prudence and
reasonableness of the costs incurred for the applicable
calendar year shall be final upon entry of the Commission's
order and shall not be subject to reopening, reexamination, or
collateral attack in any other Commission proceeding, case,

HB4049 Enrolled - 1053 - LRB099 03667 KTG 23678 b
docket, order, rule or regulation, provided, however, that
nothing in this subsection (d) shall prohibit a party from
petitioning the Commission to rehear or appeal to the courts
the order pursuant to the provisions of this Act.
In the event the Commission does not, either upon complaint
or its own initiative, enter upon a hearing within 45 days
after the utility files the annual update of cost inputs to its
performance-based formula rate, then the costs incurred for the
applicable calendar year shall be deemed prudent and
reasonable, and the filed charges shall not be subject to
reopening, reexamination, or collateral attack in any other
proceeding, case, docket, order, rule, or regulation.
A participating utility's first filing of the updated cost
inputs, and any Commission investigation of such inputs
pursuant to this subsection (d) shall proceed notwithstanding
the fact that the Commission's investigation under subsection
(c) of this Section is still pending and notwithstanding any
other law, order, rule, or Commission practice to the contrary.
(e) Nothing in subsections (c) or (d) of this Section shall
prohibit the Commission from investigating, or a participating
utility from filing, revenue-neutral tariff changes related to
rate design of a performance-based formula rate that has been
placed into effect for the utility. Following approval of a
participating utility's performance-based formula rate tariff
pursuant to subsection (c) of this Section, the utility shall
make a filing with the Commission within one year after the

HB4049 Enrolled - 1054 - LRB099 03667 KTG 23678 b
effective date of the performance-based formula rate tariff
that proposes changes to the tariff to incorporate the findings
of any final rate design orders of the Commission applicable to
the participating utility and entered subsequent to the
Commission's approval of the tariff. The Commission shall,
after notice and hearing, enter its order approving, or
approving with modification, the proposed changes to the
performance-based formula rate tariff within 240 days after the
utility's filing. Following such approval, the utility shall
make a filing with the Commission during each subsequent 3-year
period that either proposes revenue-neutral tariff changes or
re-files the existing tariffs without change, which shall
present the Commission with an opportunity to suspend the
tariffs and consider revenue-neutral tariff changes related to
rate design.
(f) Within 30 days after the filing of a tariff pursuant to
subsection (c) of this Section, each participating utility
shall develop and file with the Commission multi-year metrics
designed to achieve, ratably (i.e., in equal segments) over a
10-year period, improvement over baseline performance values
as follows:
(1) Twenty percent improvement in the System Average
Interruption Frequency Index, using a baseline of the
average of the data from 2001 through 2010.
(2) Fifteen percent improvement in the system Customer
Average Interruption Duration Index, using a baseline of

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the average of the data from 2001 through 2010.
(3) For a participating utility other than a
combination utility, 20% improvement in the System Average
Interruption Frequency Index for its Southern Region,
using a baseline of the average of the data from 2001
through 2010. For purposes of this paragraph (3), Southern
Region shall have the meaning set forth in the
participating utility's most recent report filed pursuant
to Section 16-125 of this Act.
(3.5) For a participating utility other than a
combination utility, 20% improvement in the System Average
Interruption Frequency Index for its Northeastern Region,
using a baseline of the average of the data from 2001
through 2010. For purposes of this paragraph (3.5),
Northeastern Region shall have the meaning set forth in the
participating utility's most recent report filed pursuant
to Section 16-125 of this Act.
(4) Seventy-five percent improvement in the total
number of customers who exceed the service reliability
targets as set forth in subparagraphs (A) through (C) of
paragraph (4) of subsection (b) of 83 Ill. Admin. Code Part
411.140 as of May 1, 2011, using 2010 as the baseline year.
(5) Reduction in issuance of estimated electric bills:
90% improvement for a participating utility other than a
combination utility, and 56% improvement for a
participating utility that is a combination utility, using

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a baseline of the average number of estimated bills for the
years 2008 through 2010.
(6) Consumption on inactive meters: 90% improvement
for a participating utility other than a combination
utility, and 56% improvement for a participating utility
that is a combination utility, using a baseline of the
average unbilled kilowatthours for the years 2009 and 2010.
(7) Unaccounted for energy: 50% improvement for a
participating utility other than a combination utility
using a baseline of the non-technical line loss unaccounted
for energy kilowatthours for the year 2009.
(8) Uncollectible expense: reduce uncollectible
expense by at least $30,000,000 for a participating utility
other than a combination utility and by at least $3,500,000
for a participating utility that is a combination utility,
using a baseline of the average uncollectible expense for
the years 2008 through 2010.
(9) Opportunities for minority-owned and female-owned
business enterprises: design a performance metric
regarding the creation of opportunities for minority-owned
and female-owned business enterprises consistent with
State and federal law using a base performance value of the
percentage of the participating utility's capital
expenditures that were paid to minority-owned and
female-owned business enterprises in 2010.
The definitions set forth in 83 Ill. Admin. Code Part

HB4049 Enrolled - 1057 - LRB099 03667 KTG 23678 b
411.20 as of May 1, 2011 shall be used for purposes of
calculating performance under paragraphs (1) through (3.5) of
this subsection (f), provided, however, that the participating
utility may exclude up to 9 extreme weather event days from
such calculation for each year, and provided further that the
participating utility shall exclude 9 extreme weather event
days when calculating each year of the baseline period to the
extent that there are 9 such days in a given year of the
baseline period. For purposes of this Section, an extreme
weather event day is a 24-hour calendar day (beginning at 12:00
a.m. and ending at 11:59 p.m.) during which any weather event
(e.g., storm, tornado) caused interruptions for 10,000 or more
of the participating utility's customers for 3 hours or more.
If there are more than 9 extreme weather event days in a year,
then the utility may choose no more than 9 extreme weather
event days to exclude, provided that the same extreme weather
event days are excluded from each of the calculations performed
under paragraphs (1) through (3.5) of this subsection (f).
The metrics shall include incremental performance goals
for each year of the 10-year period, which shall be designed to
demonstrate that the utility is on track to achieve the
performance goal in each category at the end of the 10-year
period. The utility shall elect when the 10-year period shall
commence for the metrics set forth in subparagraphs (1) through
(4) and (9) of this subsection (f), provided that it begins no
later than 14 months following the date on which the utility

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begins investing pursuant to subsection (b) of this Section,
and when the 10-year period shall commence for the metrics set
forth in subparagraphs (5) through (8) of this subsection (f),
provided that it begins no later than 14 months following the
date on which the Commission enters its order approving the
utility's Advanced Metering Infrastructure Deployment Plan
pursuant to subsection (c) of Section 16-108.6 of this Act.
The metrics and performance goals set forth in
subparagraphs (5) through (8) of this subsection (f) are based
on the assumptions that the participating utility may fully
implement the technology described in subsection (b) of this
Section, including utilizing the full functionality of such
technology and that there is no requirement for personal
on-site notification. If the utility is unable to meet the
metrics and performance goals set forth in subparagraphs (5)
through (8) of this subsection (f) for such reasons, and the
Commission so finds after notice and hearing, then the utility
shall be excused from compliance, but only to the limited
extent achievement of the affected metrics and performance
goals was hindered by the less than full implementation.
(f-5) The financial penalties applicable to the metrics
described in subparagraphs (1) through (8) of subsection (f) of
this Section, as applicable, shall be applied through an
adjustment to the participating utility's return on equity of
no more than a total of 30 basis points in each of the first 3
years, of no more than a total of 34 basis points in each of the

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3 years thereafter, and of no more than a total of 38 basis
points in each of the 4 years thereafter, as follows:
(1) With respect to each of the incremental annual
performance goals established pursuant to paragraph (1) of
subsection (f) of this Section,
(A) for each year that a participating utility
other than a combination utility does not achieve the
annual goal, the participating utility's return on
equity shall be reduced as follows: during years 1
through 3, by 5 basis points; during years 4 through 6,
by 6 basis points; and during years 7 through 10, by 7
basis points; and
(B) for each year that a participating utility that
is a combination utility does not achieve the annual
goal, the participating utility's return on equity
shall be reduced as follows: during years 1 through 3,
by 10 basis points; during years 4 through 6, by 12
basis points; and during years 7 through 10, by 14
basis points.
(2) With respect to each of the incremental annual
performance goals established pursuant to paragraph (2) of
subsection (f) of this Section, for each year that the
participating utility does not achieve each such goal, the
participating utility's return on equity shall be reduced
as follows: during years 1 through 3, by 5 basis points;
during years 4 through 6, by 6 basis points; and during

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years 7 through 10, by 7 basis points.
(3) With respect to each of the incremental annual
performance goals established pursuant to paragraphs (3)
and (3.5) of subsection (f) of this Section, for each year
that a participating utility other than a combination
utility does not achieve both such goals, the participating
utility's return on equity shall be reduced as follows:
during years 1 through 3, by 5 basis points; during years 4
through 6, by 6 basis points; and during years 7 through
10, by 7 basis points.
(4) With respect to each of the incremental annual
performance goals established pursuant to paragraph (4) of
subsection (f) of this Section, for each year that the
participating utility does not achieve each such goal, the
participating utility's return on equity shall be reduced
as follows: during years 1 through 3, by 5 basis points;
during years 4 through 6, by 6 basis points; and during
years 7 through 10, by 7 basis points.
(5) With respect to each of the incremental annual
performance goals established pursuant to subparagraph (5)
of subsection (f) of this Section, for each year that the
participating utility does not achieve at least 95% of each
such goal, the participating utility's return on equity
shall be reduced by 5 basis points for each such unachieved
goal.
(6) With respect to each of the incremental annual

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performance goals established pursuant to paragraphs (6),
(7), and (8) of subsection (f) of this Section, as
applicable, which together measure non-operational
customer savings and benefits relating to the
implementation of the Advanced Metering Infrastructure
Deployment Plan, as defined in Section 16-108.6 of this
Act, the performance under each such goal shall be
calculated in terms of the percentage of the goal achieved.
The percentage of goal achieved for each of the goals shall
be aggregated, and an average percentage value calculated,
for each year of the 10-year period. If the utility does
not achieve an average percentage value in a given year of
at least 95%, the participating utility's return on equity
shall be reduced by 5 basis points.
The financial penalties shall be applied as described in
this subsection (f-5) for the 12-month period in which the
deficiency occurred through a separate tariff mechanism, which
shall be filed by the utility together with its metrics. In the
event the formula rate tariff established pursuant to
subsection (c) of this Section terminates, the utility's
obligations under subsection (f) of this Section and this
subsection (f-5) shall also terminate, provided, however, that
the tariff mechanism established pursuant to subsection (f) of
this Section and this subsection (f-5) shall remain in effect
until any penalties due and owing at the time of such
termination are applied.

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The Commission shall, after notice and hearing, enter an
order within 120 days after the metrics are filed approving, or
approving with modification, a participating utility's tariff
or mechanism to satisfy the metrics set forth in subsection (f)
of this Section. On June 1 of each subsequent year, each
participating utility shall file a report with the Commission
that includes, among other things, a description of how the
participating utility performed under each metric and an
identification of any extraordinary events that adversely
impacted the utility's performance. Whenever a participating
utility does not satisfy the metrics required pursuant to
subsection (f) of this Section, the Commission shall, after
notice and hearing, enter an order approving financial
penalties in accordance with this subsection (f-5). The
Commission-approved financial penalties shall be applied
beginning with the next rate year. Nothing in this Section
shall authorize the Commission to reduce or otherwise obviate
the imposition of financial penalties for failing to achieve
one or more of the metrics established pursuant to subparagraph
(1) through (4) of subsection (f) of this Section.
(g) On or before July 31, 2014, each participating utility
shall file a report with the Commission that sets forth the
average annual increase in the average amount paid per
kilowatthour for residential eligible retail customers,
exclusive of the effects of energy efficiency programs,
comparing the 12-month period ending May 31, 2012; the 12-month

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period ending May 31, 2013; and the 12-month period ending May
31, 2014. For a participating utility that is a combination
utility with more than one rate zone, the weighted average
aggregate increase shall be provided. The report shall be filed
together with a statement from an independent auditor attesting
to the accuracy of the report. The cost of the independent
auditor shall be borne by the participating utility and shall
not be a recoverable expense. "The average amount paid per
kilowatthour" shall be based on the participating utility's
tariffed rates actually in effect and shall not be calculated
using any hypothetical rate or adjustments to actual charges
(other than as specified for energy efficiency) as an input.
In the event that the average annual increase exceeds 2.5%
as calculated pursuant to this subsection (g), then Sections
16-108.5, 16-108.6, 16-108.7, and 16-108.8 of this Act, other
than this subsection, shall be inoperative as they relate to
the utility and its service area as of the date of the report
due to be submitted pursuant to this subsection and the utility
shall no longer be eligible to annually update the
performance-based formula rate tariff pursuant to subsection
(d) of this Section. In such event, the then current rates
shall remain in effect until such time as new rates are set
pursuant to Article IX of this Act, subject to retroactive
adjustment, with interest, to reconcile rates charged with
actual costs, and the participating utility's voluntary
commitments and obligations under subsection (b) of this

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Section shall immediately terminate, except for the utility's
obligation to pay an amount already owed to the fund for
training grants pursuant to a Commission order issued under
subsection (b) of this Section.
In the event that the average annual increase is 2.5% or
less as calculated pursuant to this subsection (g), then the
performance-based formula rate shall remain in effect as set
forth in this Section.
For purposes of this Section, the amount per kilowatthour
means the total amount paid for electric service expressed on a
per kilowatthour basis, and the total amount paid for electric
service includes without limitation amounts paid for supply,
transmission, distribution, surcharges, and add-on taxes
exclusive of any increases in taxes or new taxes imposed after
the effective date of this amendatory Act of the 97th General
Assembly. For purposes of this Section, "eligible retail
customers" shall have the meaning set forth in Section 16-111.5
of this Act.
The fact that this Section becomes inoperative as set forth
in this subsection shall not be construed to mean that the
Commission may reexamine or otherwise reopen prudence or
reasonableness determinations already made.
(h) Sections 16-108.5, 16-108.6, 16-108.7, and 16-108.8 of
this Act, other than this subsection, are inoperative after
December 31, 2017 for every participating utility, after which
time a participating utility shall no longer be eligible to

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annually update the performance-based formula rate tariff
pursuant to subsection (d) of this Section. At such time, the
then current rates shall remain in effect until such time as
new rates are set pursuant to Article IX of this Act, subject
to retroactive adjustment, with interest, to reconcile rates
charged with actual costs.
By December 31, 2017, the Commission shall prepare and file
with the General Assembly a report on the infrastructure
program and the performance-based formula rate. The report
shall include the change in the average amount per kilowatthour
paid by residential customers between June 1, 2011 and May 31,
2017. If the change in the total average rate paid exceeds 2.5%
compounded annually, the Commission shall include in the report
an analysis that shows the portion of the change due to the
delivery services component and the portion of the change due
to the supply component of the rate. The report shall include
separate sections for each participating utility.
In the event Sections 16-108.5, 16-108.6, 16-108.7, and
16-108.8 of this Act do not become inoperative after December
31, 2017, then these Sections are inoperative after December
31, 2022 for every participating utility, after which time a
participating utility shall no longer be eligible to annually
update the performance-based formula rate tariff pursuant to
subsection (d) of this Section. At such time, the then current
rates shall remain in effect until such time as new rates are
set pursuant to Article IX of this Act, subject to retroactive

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adjustment, with interest, to reconcile rates charged with
actual costs.
The fact that this Section becomes inoperative as set forth
in this subsection shall not be construed to mean that the
Commission may reexamine or otherwise reopen prudence or
reasonableness determinations already made.
(i) While a participating utility may use, develop, and
maintain broadband systems and the delivery of broadband
services, voice-over-internet-protocol services,
telecommunications services, and cable and video programming
services for use in providing delivery services and Smart Grid
functionality or application to its retail customers,
including, but not limited to, the installation,
implementation and maintenance of Smart Grid electric system
upgrades as defined in Section 16-108.6 of this Act, a
participating utility is prohibited from offering to its retail
customers broadband services or the delivery of broadband
services, voice-over-internet-protocol services,
telecommunications services, or cable or video programming
services, unless they are part of a service directly related to
delivery services or Smart Grid functionality or applications
as defined in Section 16-108.6 of this Act, and from recovering
the costs of such offerings from retail customers.
(j) Nothing in this Section is intended to legislatively
overturn the opinion issued in Commonwealth Edison Co. v. Ill.
Commerce Comm'n, Nos. 2-08-0959, 2-08-1037, 2-08-1137,

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1-08-3008, 1-08-3030, 1-08-3054, 1-08-3313 cons. (Ill. App.
Ct. 2d Dist. Sept. 30, 2010). This amendatory Act of the 97th
General Assembly shall not be construed as creating a contract
between the General Assembly and the participating utility, and
shall not establish a property right in the participating
utility.
(k) The changes made in subsections (c) and (d) of this
Section by this amendatory Act of the 98th General Assembly are
intended to be a restatement and clarification of existing law,
and intended to give binding effect to the provisions of House
Resolution 1157 adopted by the House of Representatives of the
97th General Assembly and Senate Resolution 821 adopted by the
Senate of the 97th General Assembly that are reflected in
paragraph (3) of this subsection. In addition, this amendatory
Act of the 98th General Assembly preempts and supersedes any
final Commission orders entered in Docket Nos. 11-0721,
12-0001, 12-0293, and 12-0321 to the extent inconsistent with
the amendatory language added to subsections (c) and (d).
(1) No earlier than 5 business days after the effective
date of this amendatory Act of the 98th General Assembly,
each participating utility shall file any tariff changes
necessary to implement the amendatory language set forth in
subsections (c) and (d) of this Section by this amendatory
Act of the 98th General Assembly and a revised revenue
requirement under the participating utility's
performance-based formula rate. The Commission shall enter

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a final order approving such tariff changes and revised
revenue requirement within 21 days after the participating
utility's filing.
(2) Notwithstanding anything that may be to the
contrary, a participating utility may file a tariff to
retroactively recover its previously unrecovered actual
costs of delivery service that are no longer subject to
recovery through a reconciliation adjustment under
subsection (d) of this Section. This retroactive recovery
shall include any derivative adjustments resulting from
the changes to subsections (c) and (d) of this Section by
this amendatory Act of the 98th General Assembly. Such
tariff shall allow the utility to assess, on current
customer bills over a period of 12 monthly billing periods,
a charge or credit related to those unrecovered costs with
interest at the utility's weighted average cost of capital
during the period in which those costs were unrecovered. A
participating utility may file a tariff that implements a
retroactive charge or credit as described in this paragraph
for amounts not otherwise included in the tariff filing
provided for in paragraph (1) of this subsection (k). The
Commission shall enter a final order approving such tariff
within 21 days after the participating utility's filing.
(3) The tariff changes described in paragraphs (1) and
(2) of this subsection (k) shall relate only to, and be
consistent with, the following provisions of this

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amendatory Act of the 98th General Assembly: paragraph (2)
of subsection (c) regarding year-end capital structure,
subparagraph (D) of paragraph (4) of subsection (c)
regarding pension assets, and subsection (d) regarding the
reconciliation components related to year-end rate base
and interest calculated at a rate equal to the utility's
weighted average cost of capital.
(4) Nothing in this subsection is intended to effect a
dismissal of or otherwise affect an appeal from any final
Commission orders entered in Docket Nos. 11-0721, 12-0001,
12-0293, and 12-0321 other than to the extent of the
amendatory language contained in subsections (c) and (d) of
this amendatory Act of the 98th General Assembly.
(l) Each participating utility shall be deemed to have been
in full compliance with all requirements of subsection (b) of
this Section, subsection (c) of this Section, Section 16-108.6
of this Act, and all Commission orders entered pursuant to
Sections 16-108.5 and 16-108.6 of this Act, up to and including
the effective date of this amendatory Act of the 98th General
Assembly. The Commission shall not undertake any investigation
of such compliance and no penalty shall be assessed or adverse
action taken against a participating utility for noncompliance
with Commission orders associated with subsection (b) of this
Section, subsection (c) of this Section, and Section 16-108.6
of this Act prior to such date. Each participating utility
other than a combination utility shall be permitted, without

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penalty, a period of 12 months after such effective date to
take actions required to ensure its infrastructure investment
program is in compliance with subsection (b) of this Section
and with Section 16-108.6 of this Act. Provided further:
(1) if this amendatory Act of the 98th General Assembly
takes effect on or before June 15, 2013, the following
subparagraphs shall apply to a participating utility other
than a combination utility:
(A) if the Commission has initiated a proceeding
pursuant to subsection (e) of Section 16-108.6 of this
Act that is pending as of the effective date of this
amendatory Act of the 98th General Assembly, then the
order entered in such proceeding shall, after notice
and hearing, accelerate the commencement of the meter
deployment schedule approved in the final Commission
order on rehearing entered in Docket No. 12-0298;
(B) if the Commission has entered an order pursuant
to subsection (e) of Section 16-108.6 of this Act prior
to the effective date of this amendatory Act of the
98th General Assembly that does not accelerate the
commencement of the meter deployment schedule approved
in the final Commission order on rehearing entered in
Docket No. 12-0298, then the utility shall file with
the Commission, within 45 days after such effective
date, a plan for accelerating the commencement of the
utility's meter deployment schedule approved in the

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final Commission order on rehearing entered in Docket
No. 12-0298; the Commission shall reopen the
proceeding in which it entered its order pursuant to
subsection (e) of Section 16-108.6 of this Act and
shall, after notice and hearing, enter an amendatory
order that approves or approves as modified such
accelerated plan within 90 days after the utility's
filing; or
(C) if the Commission has not initiated a
proceeding pursuant to subsection (e) of Section
16-108.6 of this Act prior to the effective date of
this amendatory Act of the 98th General Assembly, then
the utility shall file with the Commission, within 45
days after such effective date, a plan for accelerating
the commencement of the utility's meter deployment
schedule approved in the final Commission order on
rehearing entered in Docket No. 12-0298 and the
Commission shall, after notice and hearing, approve or
approve as modified such plan within 90 days after the
utility's filing;
(2) if this amendatory Act of the 98th General Assembly
takes effect after June 15, 2013, then each participating
utility other than a combination utility shall file with
the Commission, within 45 days after such effective date, a
plan for accelerating the commencement of the utility's
meter deployment schedule approved in the final Commission

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order on rehearing entered in Docket No. 12-0298; the
Commission shall reopen the most recent proceeding in which
it entered an order pursuant to subsection (e) of Section
16-108.6 of this Act and within 90 days after the utility's
filing shall, after notice and hearing, enter an amendatory
order that approves or approves as modified such
accelerated plan, provided that if there was no such prior
proceeding the Commission shall open a new proceeding and
within 90 days after the utility's filing shall, after
notice and hearing, enter an order that approves or
approves as modified such accelerated plan.
Any schedule for meter deployment approved by the
Commission pursuant to subparagraphs (1) or (2) of this
subsection (l) shall take into consideration procurement times
for meters and other equipment and operational issues. Nothing
in this amendatory Act of the 98th General Assembly shall
shorten or extend the end dates for the 5-year or 10-year
periods set forth in subsection (b) of this Section or Section
16-108.6 of this Act. Nothing in this subsection is intended to
address whether a participating utility has, or has not,
satisfied any or all of the metrics and performance goals
established pursuant to subsection (f) of this Section.
(m) The provisions of this amendatory Act of the 98th
General Assembly are severable under Section 1.31 of the
Statute on Statutes.
(Source: P.A. 97-616, eff. 10-26-11; 97-646, eff. 12-30-11;

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98-15, eff. 5-22-13.)
Section 560. The Citizens Utility Board Act is amended by
changing Section 9 as follows:
(220 ILCS 10/9) (from Ch. 111 2/3, par. 909)
Sec. 9. Mailing procedure.
(1) As used in this Section:
(a) "Enclosure" means a card, leaflet, envelope or
combination thereof furnished by the corporation under
this Section.
(b) "Mailing" means any communication by a State
agency, other than a mailing made under the Senior Citizens
and Persons with Disabilities Disabled Persons Property
Tax Relief Act, that is sent through the United States
Postal Service to more than 50,000 persons within a
12-month period.
(c) "State agency" means any officer, department,
board, commission, institution or entity of the executive
or legislative branches of State government.
(2) To accomplish its powers and duties under Section 5
this Act, the corporation, subject to the following
limitations, may prepare and furnish to any State agency an
enclosure to be included with a mailing by that agency.
(a) A State agency furnished with an enclosure shall
include the enclosure within the mailing designated by the

HB4049 Enrolled - 1074 - LRB099 03667 KTG 23678 b
corporation.
(b) An enclosure furnished by the corporation under
this Section shall be provided to the State agency a
reasonable period of time in advance of the mailing.
(c) An enclosure furnished by the corporation under
this Section shall be limited to informing the reader of
the purpose, nature and activities of the corporation as
set forth in this Act and informing the reader that it may
become a member in the corporation, maintain membership in
the corporation and contribute money to the corporation
directly.
(d) Prior to furnishing an enclosure to the State
agency, the corporation shall seek and obtain approval of
the content of the enclosure from the Illinois Commerce
Commission. The Commission shall approve the enclosure if
it determines that the enclosure (i) is not false or
misleading and (ii) satisfies the requirements of this Act.
The Commission shall be deemed to have approved the
enclosure unless it disapproves the enclosure within 14
days from the date of receipt.
(3) The corporation shall reimburse each State agency for
all reasonable incremental costs incurred by the State agency
in complying with this Section above the agency's normal
mailing and handling costs, provided that:
(a) The State agency shall first furnish the
corporation with an itemized accounting of such additional

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cost; and
(b) The corporation shall not be required to reimburse
the State agency for postage costs if the weight of the
corporation's enclosure does not exceed .35 ounce
avoirdupois. If the corporation's enclosure exceeds that
weight, then it shall only be required to reimburse the
State agency for postage cost over and above what the
agency's postage cost would have been had the enclosure
weighed only .35 ounce avoirdupois.
(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
Section 565. The Child Care Act of 1969 is amended by
changing Sections 2.06, 2.09, 4.2, and 7 as follows:
(225 ILCS 10/2.06) (from Ch. 23, par. 2212.06)
Sec. 2.06. "Child care institution" means a child care
facility where more than 7 children are received and maintained
for the purpose of providing them with care or training or
both. The term "child care institution" includes residential
schools, primarily serving ambulatory children with
disabilities handicapped children, and those operating a full
calendar year, but does not include:
(a) Any State-operated institution for child care
established by legislative action;
(b) Any juvenile detention or shelter care home established
and operated by any county or child protection district

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established under the "Child Protection Act";
(c) Any institution, home, place or facility operating
under a license pursuant to the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, or the
ID/DD Community Care Act;
(d) Any bona fide boarding school in which children are
primarily taught branches of education corresponding to those
taught in public schools, grades one through 12, or taught in
public elementary schools, high schools, or both elementary and
high schools, and which operates on a regular academic school
year basis; or
(e) Any facility licensed as a "group home" as defined in
this Act.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
(225 ILCS 10/2.09) (from Ch. 23, par. 2212.09)
Sec. 2.09. "Day care center" means any child care facility
which regularly provides day care for less than 24 hours per
day for (1) more than 8 children in a family home, or (2) more
than 3 children in a facility other than a family home,
including senior citizen buildings. The term does not include
(a) programs operated by (i) public or private elementary
school systems or secondary level school units or institutions
of higher learning that serve children who shall have attained
the age of 3 years or (ii) private entities on the grounds of

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public or private elementary or secondary schools and that
serve children who have attained the age of 3 years, except
that this exception applies only to the facility and not to the
private entities' personnel operating the program; (b)
programs or that portion of the program which serves children
who shall have attained the age of 3 years and which are
recognized by the State Board of Education; (c) educational
program or programs serving children who shall have attained
the age of 3 years and which are operated by a school which is
registered with the State Board of Education and which is
recognized or accredited by a recognized national or multistate
educational organization or association which regularly
recognizes or accredits schools; (d) programs which
exclusively serve or that portion of the program which serves
children with disabilities handicapped children who shall have
attained the age of 3 years but are less than 21 years of age
and which are registered and approved as meeting standards of
the State Board of Education and applicable fire marshal
standards; (e) facilities operated in connection with a
shopping center or service, religious services, or other
similar facility, where transient children are cared for
temporarily while parents or custodians of the children are
occupied on the premises and readily available; (f) any type of
day care center that is conducted on federal government
premises; (g) special activities programs, including
athletics, crafts instruction and similar activities conducted

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on an organized and periodic basis by civic, charitable and
governmental organizations; (h) part day child care
facilities, as defined in Section 2.10 of this Act; or (i)
programs or that portion of the program which (1) serves
children who shall have attained the age of 3 years, (2) is
operated by churches or religious institutions as described in
Section 501 (c) (3) of the federal Internal Revenue Code, (3)
receives no governmental aid, (4) is operated as a component of
a religious, nonprofit elementary school, (5) operates
primarily to provide religious education, and (6) meets
appropriate State or local health and fire safety standards.
For purposes of (a), (b), (c), (d) and (i) of this Section,
"children who shall have attained the age of 3 years" shall
mean children who are 3 years of age, but less than 4 years of
age, at the time of enrollment in the program.
(Source: P.A. 92-659, eff. 7-16-02.)
(225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
Sec. 4.2. (a) No applicant may receive a license from the
Department and no person may be employed by a licensed child
care facility who refuses to authorize an investigation as
required by Section 4.1.
(b) In addition to the other provisions of this Section, no
applicant may receive a license from the Department and no
person may be employed by a child care facility licensed by the
Department who has been declared a sexually dangerous person

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under "An Act in relation to sexually dangerous persons, and
providing for their commitment, detention and supervision",
approved July 6, 1938, as amended, or convicted of committing
or attempting to commit any of the following offenses
stipulated under the Criminal Code of 1961 or the Criminal Code
of 2012:
(1) murder;
(1.1) solicitation of murder;
(1.2) solicitation of murder for hire;
(1.3) intentional homicide of an unborn child;
(1.4) voluntary manslaughter of an unborn child;
(1.5) involuntary manslaughter;
(1.6) reckless homicide;
(1.7) concealment of a homicidal death;
(1.8) involuntary manslaughter of an unborn child;
(1.9) reckless homicide of an unborn child;
(1.10) drug-induced homicide;
(2) a sex offense under Article 11, except offenses
described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
11-40, and 11-45;
(3) kidnapping;
(3.1) aggravated unlawful restraint;
(3.2) forcible detention;
(3.3) harboring a runaway;
(3.4) aiding and abetting child abduction;
(4) aggravated kidnapping;

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(5) child abduction;
(6) aggravated battery of a child as described in
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
(7) criminal sexual assault;
(8) aggravated criminal sexual assault;
(8.1) predatory criminal sexual assault of a child;
(9) criminal sexual abuse;
(10) aggravated sexual abuse;
(11) heinous battery as described in Section 12-4.1 or
subdivision (a)(2) of Section 12-3.05;
(12) aggravated battery with a firearm as described in
Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
(e)(4) of Section 12-3.05;
(13) tampering with food, drugs, or cosmetics;
(14) drug induced infliction of great bodily harm as
described in Section 12-4.7 or subdivision (g)(1) of
Section 12-3.05;
(15) hate crime;
(16) stalking;
(17) aggravated stalking;
(18) threatening public officials;
(19) home invasion;
(20) vehicular invasion;
(21) criminal transmission of HIV;
(22) criminal abuse or neglect of an elderly person or
person with a disability or disabled person as described in

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Section 12-21 or subsection (e) (b) of Section 12-4.4a;
(23) child abandonment;
(24) endangering the life or health of a child;
(25) ritual mutilation;
(26) ritualized abuse of a child;
(27) an offense in any other jurisdiction the elements
of which are similar and bear a substantial relationship to
any of the foregoing offenses.
(b-1) In addition to the other provisions of this Section,
beginning January 1, 2004, no new applicant and, on the date of
licensure renewal, no current licensee may operate or receive a
license from the Department to operate, no person may be
employed by, and no adult person may reside in a child care
facility licensed by the Department who has been convicted of
committing or attempting to commit any of the following
offenses or an offense in any other jurisdiction the elements
of which are similar and bear a substantial relationship to any
of the following offenses:
(I) BODILY HARM
(1) Felony aggravated assault.
(2) Vehicular endangerment.
(3) Felony domestic battery.
(4) Aggravated battery.
(5) Heinous battery.

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(6) Aggravated battery with a firearm.
(7) Aggravated battery of an unborn child.
(8) Aggravated battery of a senior citizen.
(9) Intimidation.
(10) Compelling organization membership of persons.
(11) Abuse and criminal neglect of a long term care
facility resident.
(12) Felony violation of an order of protection.
(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
(1) Felony unlawful use of weapons.
(2) Aggravated discharge of a firearm.
(3) Reckless discharge of a firearm.
(4) Unlawful use of metal piercing bullets.
(5) Unlawful sale or delivery of firearms on the
premises of any school.
(6) Disarming a police officer.
(7) Obstructing justice.
(8) Concealing or aiding a fugitive.
(9) Armed violence.
(10) Felony contributing to the criminal delinquency
of a juvenile.
(III) DRUG OFFENSES

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(1) Possession of more than 30 grams of cannabis.
(2) Manufacture of more than 10 grams of cannabis.
(3) Cannabis trafficking.
(4) Delivery of cannabis on school grounds.
(5) Unauthorized production of more than 5 cannabis
sativa plants.
(6) Calculated criminal cannabis conspiracy.
(7) Unauthorized manufacture or delivery of controlled
substances.
(8) Controlled substance trafficking.
(9) Manufacture, distribution, or advertisement of
look-alike substances.
(10) Calculated criminal drug conspiracy.
(11) Street gang criminal drug conspiracy.
(12) Permitting unlawful use of a building.
(13) Delivery of controlled, counterfeit, or
look-alike substances to persons under age 18, or at truck
stops, rest stops, or safety rest areas, or on school
property.
(14) Using, engaging, or employing persons under 18 to
deliver controlled, counterfeit, or look-alike substances.
(15) Delivery of controlled substances.
(16) Sale or delivery of drug paraphernalia.
(17) Felony possession, sale, or exchange of
instruments adapted for use of a controlled substance,
methamphetamine, or cannabis by subcutaneous injection.

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(18) Felony possession of a controlled substance.
(19) Any violation of the Methamphetamine Control and
Community Protection Act.
(b-1.5) In addition to any other provision of this Section,
for applicants with access to confidential financial
information or who submit documentation to support billing, no
applicant whose initial application was considered after the
effective date of this amendatory Act of the 97th General
Assembly may receive a license from the Department or a child
care facility licensed by the Department who has been convicted
of committing or attempting to commit any of the following
felony offenses:
(1) financial institution fraud under Section 17-10.6
of the Criminal Code of 1961 or the Criminal Code of 2012;
(2) identity theft under Section 16-30 of the Criminal
Code of 1961 or the Criminal Code of 2012;
(3) financial exploitation of an elderly person or a
person with a disability under Section 17-56 of the
Criminal Code of 1961 or the Criminal Code of 2012;
(4) computer tampering under Section 17-51 of the
Criminal Code of 1961 or the Criminal Code of 2012;
(5) aggravated computer tampering under Section 17-52
of the Criminal Code of 1961 or the Criminal Code of 2012;
(6) computer fraud under Section 17-50 of the Criminal
Code of 1961 or the Criminal Code of 2012;
(7) deceptive practices under Section 17-1 of the

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Criminal Code of 1961 or the Criminal Code of 2012;
(8) forgery under Section 17-3 of the Criminal Code of
1961 or the Criminal Code of 2012;
(9) State benefits fraud under Section 17-6 of the
Criminal Code of 1961 or the Criminal Code of 2012;
(10) mail fraud and wire fraud under Section 17-24 of
the Criminal Code of 1961 or the Criminal Code of 2012;
(11) theft under paragraphs (1.1) through (11) of
subsection (b) of Section 16-1 of the Criminal Code of 1961
or the Criminal Code of 2012.
(b-2) Notwithstanding subsection (b-1), the Department may
make an exception and, for child care facilities other than
foster family homes, issue a new child care facility license to
or renew the existing child care facility license of an
applicant, a person employed by a child care facility, or an
applicant who has an adult residing in a home child care
facility who was convicted of an offense described in
subsection (b-1), provided that all of the following
requirements are met:
(1) The relevant criminal offense occurred more than 5
years prior to the date of application or renewal, except
for drug offenses. The relevant drug offense must have
occurred more than 10 years prior to the date of
application or renewal, unless the applicant passed a drug
test, arranged and paid for by the child care facility, no
less than 5 years after the offense.

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(2) The Department must conduct a background check and
assess all convictions and recommendations of the child
care facility to determine if hiring or licensing the
applicant is in accordance with Department administrative
rules and procedures.
(3) The applicant meets all other requirements and
qualifications to be licensed as the pertinent type of
child care facility under this Act and the Department's
administrative rules.
(c) In addition to the other provisions of this Section, no
applicant may receive a license from the Department to operate
a foster family home, and no adult person may reside in a
foster family home licensed by the Department, who has been
convicted of committing or attempting to commit any of the
following offenses stipulated under the Criminal Code of 1961,
the Criminal Code of 2012, the Cannabis Control Act, the
Methamphetamine Control and Community Protection Act, and the
Illinois Controlled Substances Act:
(I) OFFENSES DIRECTED AGAINST THE PERSON
(A) KIDNAPPING AND RELATED OFFENSES
(1) Unlawful restraint.
(B) BODILY HARM
(2) Felony aggravated assault.

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(3) Vehicular endangerment.
(4) Felony domestic battery.
(5) Aggravated battery.
(6) Heinous battery.
(7) Aggravated battery with a firearm.
(8) Aggravated battery of an unborn child.
(9) Aggravated battery of a senior citizen.
(10) Intimidation.
(11) Compelling organization membership of persons.
(12) Abuse and criminal neglect of a long term care
facility resident.
(13) Felony violation of an order of protection.
(II) OFFENSES DIRECTED AGAINST PROPERTY
(14) Felony theft.
(15) Robbery.
(16) Armed robbery.
(17) Aggravated robbery.
(18) Vehicular hijacking.
(19) Aggravated vehicular hijacking.
(20) Burglary.
(21) Possession of burglary tools.
(22) Residential burglary.
(23) Criminal fortification of a residence or
building.

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(24) Arson.
(25) Aggravated arson.
(26) Possession of explosive or explosive incendiary
devices.
(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
(27) Felony unlawful use of weapons.
(28) Aggravated discharge of a firearm.
(29) Reckless discharge of a firearm.
(30) Unlawful use of metal piercing bullets.
(31) Unlawful sale or delivery of firearms on the
premises of any school.
(32) Disarming a police officer.
(33) Obstructing justice.
(34) Concealing or aiding a fugitive.
(35) Armed violence.
(36) Felony contributing to the criminal delinquency
of a juvenile.
(IV) DRUG OFFENSES
(37) Possession of more than 30 grams of cannabis.
(38) Manufacture of more than 10 grams of cannabis.
(39) Cannabis trafficking.
(40) Delivery of cannabis on school grounds.

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(41) Unauthorized production of more than 5 cannabis
sativa plants.
(42) Calculated criminal cannabis conspiracy.
(43) Unauthorized manufacture or delivery of
controlled substances.
(44) Controlled substance trafficking.
(45) Manufacture, distribution, or advertisement of
look-alike substances.
(46) Calculated criminal drug conspiracy.
(46.5) Streetgang criminal drug conspiracy.
(47) Permitting unlawful use of a building.
(48) Delivery of controlled, counterfeit, or
look-alike substances to persons under age 18, or at truck
stops, rest stops, or safety rest areas, or on school
property.
(49) Using, engaging, or employing persons under 18 to
deliver controlled, counterfeit, or look-alike substances.
(50) Delivery of controlled substances.
(51) Sale or delivery of drug paraphernalia.
(52) Felony possession, sale, or exchange of
instruments adapted for use of a controlled substance,
methamphetamine, or cannabis by subcutaneous injection.
(53) Any violation of the Methamphetamine Control and
Community Protection Act.
(d) Notwithstanding subsection (c), the Department may
make an exception and issue a new foster family home license or

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may renew an existing foster family home license of an
applicant who was convicted of an offense described in
subsection (c), provided all of the following requirements are
met:
(1) The relevant criminal offense or offenses occurred
more than 10 years prior to the date of application or
renewal.
(2) The applicant had previously disclosed the
conviction or convictions to the Department for purposes of
a background check.
(3) After the disclosure, the Department either placed
a child in the home or the foster family home license was
issued.
(4) During the background check, the Department had
assessed and waived the conviction in compliance with the
existing statutes and rules in effect at the time of the
hire or licensure.
(5) The applicant meets all other requirements and
qualifications to be licensed as a foster family home under
this Act and the Department's administrative rules.
(6) The applicant has a history of providing a safe,
stable home environment and appears able to continue to
provide a safe, stable home environment.
(e) In evaluating the exception pursuant to subsections
(b-2) and (d), the Department must carefully review any
relevant documents to determine whether the applicant, despite

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the disqualifying convictions, poses a substantial risk to
State resources or clients. In making such a determination, the
following guidelines shall be used:
(1) the age of the applicant when the offense was
committed;
(2) the circumstances surrounding the offense;
(3) the length of time since the conviction;
(4) the specific duties and responsibilities
necessarily related to the license being applied for and
the bearing, if any, that the applicant's conviction
history may have on his or her fitness to perform these
duties and responsibilities;
(5) the applicant's employment references;
(6) the applicant's character references and any
certificates of achievement;
(7) an academic transcript showing educational
attainment since the disqualifying conviction;
(8) a Certificate of Relief from Disabilities or
Certificate of Good Conduct; and
(9) anything else that speaks to the applicant's
character.
(Source: P.A. 96-1551, Article 1, Section 925, eff. 7-1-11;
96-1551, Article 2, Section 990, eff. 7-1-11; 97-874, eff.
7-31-12; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
(225 ILCS 10/7) (from Ch. 23, par. 2217)

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Sec. 7. (a) The Department must prescribe and publish
minimum standards for licensing that apply to the various types
of facilities for child care defined in this Act and that are
equally applicable to like institutions under the control of
the Department and to foster family homes used by and under the
direct supervision of the Department. The Department shall seek
the advice and assistance of persons representative of the
various types of child care facilities in establishing such
standards. The standards prescribed and published under this
Act take effect as provided in the Illinois Administrative
Procedure Act, and are restricted to regulations pertaining to
the following matters and to any rules and regulations required
or permitted by any other Section of this Act:
(1) The operation and conduct of the facility and
responsibility it assumes for child care;
(2) The character, suitability and qualifications of
the applicant and other persons directly responsible for
the care and welfare of children served. All child day care
center licensees and employees who are required to report
child abuse or neglect under the Abused and Neglected Child
Reporting Act shall be required to attend training on
recognizing child abuse and neglect, as prescribed by
Department rules;
(3) The general financial ability and competence of the
applicant to provide necessary care for children and to
maintain prescribed standards;

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(4) The number of individuals or staff required to
insure adequate supervision and care of the children
received. The standards shall provide that each child care
institution, maternity center, day care center, group
home, day care home, and group day care home shall have on
its premises during its hours of operation at least one
staff member certified in first aid, in the Heimlich
maneuver and in cardiopulmonary resuscitation by the
American Red Cross or other organization approved by rule
of the Department. Child welfare agencies shall not be
subject to such a staffing requirement. The Department may
offer, or arrange for the offering, on a periodic basis in
each community in this State in cooperation with the
American Red Cross, the American Heart Association or other
appropriate organization, voluntary programs to train
operators of foster family homes and day care homes in
first aid and cardiopulmonary resuscitation;
(5) The appropriateness, safety, cleanliness and
general adequacy of the premises, including maintenance of
adequate fire prevention and health standards conforming
to State laws and municipal codes to provide for the
physical comfort, care and well-being of children
received;
(6) Provisions for food, clothing, educational
opportunities, program, equipment and individual supplies
to assure the healthy physical, mental and spiritual

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development of children served;
(7) Provisions to safeguard the legal rights of
children served;
(8) Maintenance of records pertaining to the
admission, progress, health and discharge of children,
including, for day care centers and day care homes, records
indicating each child has been immunized as required by
State regulations. The Department shall require proof that
children enrolled in a facility have been immunized against
Haemophilus Influenzae B (HIB);
(9) Filing of reports with the Department;
(10) Discipline of children;
(11) Protection and fostering of the particular
religious faith of the children served;
(12) Provisions prohibiting firearms on day care
center premises except in the possession of peace officers;
(13) Provisions prohibiting handguns on day care home
premises except in the possession of peace officers or
other adults who must possess a handgun as a condition of
employment and who reside on the premises of a day care
home;
(14) Provisions requiring that any firearm permitted
on day care home premises, except handguns in the
possession of peace officers, shall be kept in a
disassembled state, without ammunition, in locked storage,
inaccessible to children and that ammunition permitted on

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day care home premises shall be kept in locked storage
separate from that of disassembled firearms, inaccessible
to children;
(15) Provisions requiring notification of parents or
guardians enrolling children at a day care home of the
presence in the day care home of any firearms and
ammunition and of the arrangements for the separate, locked
storage of such firearms and ammunition; and
(16) Provisions requiring all licensed child care
facility employees who care for newborns and infants to
complete training every 3 years on the nature of sudden
unexpected infant death (SUID), sudden infant death
syndrome (SIDS), and the safe sleep recommendations of the
American Academy of Pediatrics.
(b) If, in a facility for general child care, there are
children diagnosed as mentally ill or children diagnosed as
having an intellectual or physical disability , intellectually
disabled or physically handicapped, who are determined to be in
need of special mental treatment or of nursing care, or both
mental treatment and nursing care, the Department shall seek
the advice and recommendation of the Department of Human
Services, the Department of Public Health, or both Departments
regarding the residential treatment and nursing care provided
by the institution.
(c) The Department shall investigate any person applying to
be licensed as a foster parent to determine whether there is

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any evidence of current drug or alcohol abuse in the
prospective foster family. The Department shall not license a
person as a foster parent if drug or alcohol abuse has been
identified in the foster family or if a reasonable suspicion of
such abuse exists, except that the Department may grant a
foster parent license to an applicant identified with an
alcohol or drug problem if the applicant has successfully
participated in an alcohol or drug treatment program, self-help
group, or other suitable activities.
(d) The Department, in applying standards prescribed and
published, as herein provided, shall offer consultation
through employed staff or other qualified persons to assist
applicants and licensees in meeting and maintaining minimum
requirements for a license and to help them otherwise to
achieve programs of excellence related to the care of children
served. Such consultation shall include providing information
concerning education and training in early childhood
development to providers of day care home services. The
Department may provide or arrange for such education and
training for those providers who request such assistance.
(e) The Department shall distribute copies of licensing
standards to all licensees and applicants for a license. Each
licensee or holder of a permit shall distribute copies of the
appropriate licensing standards and any other information
required by the Department to child care facilities under its
supervision. Each licensee or holder of a permit shall maintain

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appropriate documentation of the distribution of the
standards. Such documentation shall be part of the records of
the facility and subject to inspection by authorized
representatives of the Department.
(f) The Department shall prepare summaries of day care
licensing standards. Each licensee or holder of a permit for a
day care facility shall distribute a copy of the appropriate
summary and any other information required by the Department,
to the legal guardian of each child cared for in that facility
at the time when the child is enrolled or initially placed in
the facility. The licensee or holder of a permit for a day care
facility shall secure appropriate documentation of the
distribution of the summary and brochure. Such documentation
shall be a part of the records of the facility and subject to
inspection by an authorized representative of the Department.
(g) The Department shall distribute to each licensee and
holder of a permit copies of the licensing or permit standards
applicable to such person's facility. Each licensee or holder
of a permit shall make available by posting at all times in a
common or otherwise accessible area a complete and current set
of licensing standards in order that all employees of the
facility may have unrestricted access to such standards. All
employees of the facility shall have reviewed the standards and
any subsequent changes. Each licensee or holder of a permit
shall maintain appropriate documentation of the current review
of licensing standards by all employees. Such records shall be

HB4049 Enrolled - 1098 - LRB099 03667 KTG 23678 b
part of the records of the facility and subject to inspection
by authorized representatives of the Department.
(h) Any standards involving physical examinations,
immunization, or medical treatment shall include appropriate
exemptions for children whose parents object thereto on the
grounds that they conflict with the tenets and practices of a
recognized church or religious organization, of which the
parent is an adherent or member, and for children who should
not be subjected to immunization for clinical reasons.
(i) The Department, in cooperation with the Department of
Public Health, shall work to increase immunization awareness
and participation among parents of children enrolled in day
care centers and day care homes by publishing on the
Department's website information about the benefits of
immunization against vaccine preventable diseases, including
influenza and pertussis. The information for vaccine
preventable diseases shall include the incidence and severity
of the diseases, the availability of vaccines, and the
importance of immunizing children and persons who frequently
have close contact with children. The website content shall be
reviewed annually in collaboration with the Department of
Public Health to reflect the most current recommendations of
the Advisory Committee on Immunization Practices (ACIP). The
Department shall work with day care centers and day care homes
licensed under this Act to ensure that the information is
annually distributed to parents in August or September.

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(j) Any standard adopted by the Department that requires an
applicant for a license to operate a day care home to include a
copy of a high school diploma or equivalent certificate with
his or her application shall be deemed to be satisfied if the
applicant includes a copy of a high school diploma or
equivalent certificate or a copy of a degree from an accredited
institution of higher education or vocational institution or
equivalent certificate.
(Source: P.A. 97-83, eff. 1-1-12; 97-227, eff. 1-1-12; 97-494,
eff. 8-22-11; 97-813, eff. 7-13-12; 98-817, eff. 1-1-15.)
Section 570. The Illinois Dental Practice Act is amended by
changing Section 13 as follows:
(225 ILCS 25/13) (from Ch. 111, par. 2313)
(Section scheduled to be repealed on January 1, 2016)
Sec. 13. Qualifications of Applicants for Dental
Hygienists. Every person who desires to obtain a license as a
dental hygienist shall apply to the Department in writing, upon
forms prepared and furnished by the Department. Each
application shall contain proof of the particular
qualifications required of the applicant, shall be verified by
the applicant, under oath, and shall be accompanied by the
required examination fee.
The Department shall require that every applicant for a
license as a dental hygienist shall:

HB4049 Enrolled - 1100 - LRB099 03667 KTG 23678 b
(1) (Blank).
(2) Be a graduate of high school or its equivalent.
(3) Present satisfactory evidence of having successfully
completed 2 academic years of credit at a dental hygiene
program accredited by the Commission on Dental Accreditation of
the American Dental Association.
(4) Submit evidence that he or she holds a currently valid
certification to perform cardiopulmonary resuscitation. The
Department shall adopt rules establishing criteria for
certification in cardiopulmonary resuscitation. The rules of
the Department shall provide for variances only in instances
where the applicant is a person with a physical disability
physically disabled and therefore unable to secure such
certification.
(5) (Blank).
(6) Present satisfactory evidence that the applicant has
passed the National Board Dental Hygiene Examination
administered by the Joint Commission on National Dental
Examinations and has successfully completed an examination
conducted by one of the following regional testing services:
the Central Regional Dental Testing Service, Inc. (CRDTS), the
Southern Regional Testing Agency, Inc. (SRTA), the Western
Regional Examining Board (WREB), or the North East Regional
Board (NERB). For the purposes of this Section, successful
completion shall mean that the applicant has achieved a minimum
passing score as determined by the applicable regional testing

HB4049 Enrolled - 1101 - LRB099 03667 KTG 23678 b
service. The Secretary may suspend a regional testing service
under this item (6) if, after proper notice and hearing, it is
established that (i) the integrity of the examination has been
breached so as to make future test results unreliable or (ii)
the examination is fundamentally deficient in testing clinical
competency.
(Source: P.A. 96-14, eff. 6-19-09; 97-1013, eff. 8-17-12.)
Section 575. The Health Care Worker Background Check Act is
amended by changing Section 5 as follows:
(225 ILCS 46/5)
Sec. 5. Purpose. The General Assembly finds that it is in
the public interest to protect the citizens of the State of
Illinois who are the most frail and who are persons with
disabilities disabled citizens of the State of Illinois from
possible harm through a criminal background check of certain
health care workers and all employees of licensed and certified
long-term care facilities who have or may have contact with
residents or have access to the living quarters or the
financial, medical, or personal records of residents.
(Source: P.A. 94-665, eff. 1-1-06.)
Section 580. The Home Medical Equipment and Services
Provider License Act is amended by changing Section 10 as
follows:

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(225 ILCS 51/10)
(Section scheduled to be repealed on January 1, 2018)
Sec. 10. Definitions. As used in this Act:
(1) "Department" means the Department of Financial and
Professional Regulation.
(2) "Secretary" means the Secretary of Financial and
Professional Regulation.
(3) "Board" means the Home Medical Equipment and
Services Board.
(4) "Home medical equipment and services provider" or
"provider" means a legal entity, as defined by State law,
engaged in the business of providing home medical equipment
and services, whether directly or through a contractual
arrangement, to an unrelated sick individual or an
unrelated individual with a disability or disabled
individual where that individual resides.
(5) "Home medical equipment and services" means the
delivery, installation, maintenance, replacement, or
instruction in the use of medical equipment used by a sick
individual or an individual with a disability or disabled
individual to allow the individual to be maintained in his
or her residence.
(6) "Home medical equipment" means technologically
sophisticated medical devices, apparatuses, machines, or
other similar articles bearing a label that states

HB4049 Enrolled - 1103 - LRB099 03667 KTG 23678 b
"Caution: federal law requires dispensing by or on the
order of a physician.", which are usable in a home care
setting, including but not limited to:
(A) oxygen and oxygen delivery systems;
(B) ventilators;
(C) respiratory disease management devices,
excluding compressor driven nebulizers;
(D) wheelchair seating systems;
(E) apnea monitors;
(F) transcutaneous electrical nerve stimulator
(TENS) units;
(G) low air-loss cutaneous pressure management
devices;
(H) sequential compression devices;
(I) neonatal home phototherapy devices;
(J) enteral feeding pumps; and
(K) other similar equipment as defined by the
Board.
"Home medical equipment" also includes hospital beds
and electronic and computer-driven wheelchairs, excluding
scooters.
(7) "Address of record" means the designated address
recorded by the Department in the applicant's or licensee's
application file or license file maintained by the
Department's licensure maintenance unit. It is the duty of
the applicant or licensee to inform the Department of any

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change of address, and such changes must be made either
through the Department's website or by contacting the
Department's licensure maintenance unit.
(Source: P.A. 95-703, eff. 12-31-07.)
Section 585. The Medical Practice Act of 1987 is amended by
changing Section 23 as follows:
(225 ILCS 60/23) (from Ch. 111, par. 4400-23)
(Section scheduled to be repealed on December 31, 2015)
Sec. 23. Reports relating to professional conduct and
capacity.
(A) Entities required to report.
(1) Health care institutions. The chief administrator
or executive officer of any health care institution
licensed by the Illinois Department of Public Health shall
report to the Disciplinary Board when any person's clinical
privileges are terminated or are restricted based on a
final determination made in accordance with that
institution's by-laws or rules and regulations that a
person has either committed an act or acts which may
directly threaten patient care or that a person may have a
mental or physical disability that may be mentally or
physically disabled in such a manner as to endanger
patients under that person's care. Such officer also shall
report if a person accepts voluntary termination or

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restriction of clinical privileges in lieu of formal action
based upon conduct related directly to patient care or in
lieu of formal action seeking to determine whether a person
may have a mental or physical disability that may be
mentally or physically disabled in such a manner as to
endanger patients under that person's care. The
Disciplinary Board shall, by rule, provide for the
reporting to it by health care institutions of all
instances in which a person, licensed under this Act, who
is impaired by reason of age, drug or alcohol abuse or
physical or mental impairment, is under supervision and,
where appropriate, is in a program of rehabilitation. Such
reports shall be strictly confidential and may be reviewed
and considered only by the members of the Disciplinary
Board, or by authorized staff as provided by rules of the
Disciplinary Board. Provisions shall be made for the
periodic report of the status of any such person not less
than twice annually in order that the Disciplinary Board
shall have current information upon which to determine the
status of any such person. Such initial and periodic
reports of impaired physicians shall not be considered
records within the meaning of The State Records Act and
shall be disposed of, following a determination by the
Disciplinary Board that such reports are no longer
required, in a manner and at such time as the Disciplinary
Board shall determine by rule. The filing of such reports

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shall be construed as the filing of a report for purposes
of subsection (C) of this Section.
(1.5) Clinical training programs. The program director
of any post-graduate clinical training program shall
report to the Disciplinary Board if a person engaged in a
post-graduate clinical training program at the
institution, including, but not limited to, a residency or
fellowship, separates from the program for any reason prior
to its conclusion. The program director shall provide all
documentation relating to the separation if, after review
of the report, the Disciplinary Board determines that a
review of those documents is necessary to determine whether
a violation of this Act occurred.
(2) Professional associations. The President or chief
executive officer of any association or society, of persons
licensed under this Act, operating within this State shall
report to the Disciplinary Board when the association or
society renders a final determination that a person has
committed unprofessional conduct related directly to
patient care or that a person may have a mental or physical
disability that may be mentally or physically disabled in
such a manner as to endanger patients under that person's
care.
(3) Professional liability insurers. Every insurance
company which offers policies of professional liability
insurance to persons licensed under this Act, or any other

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entity which seeks to indemnify the professional liability
of a person licensed under this Act, shall report to the
Disciplinary Board the settlement of any claim or cause of
action, or final judgment rendered in any cause of action,
which alleged negligence in the furnishing of medical care
by such licensed person when such settlement or final
judgment is in favor of the plaintiff.
(4) State's Attorneys. The State's Attorney of each
county shall report to the Disciplinary Board, within 5
days, any instances in which a person licensed under this
Act is convicted of any felony or Class A misdemeanor. The
State's Attorney of each county may report to the
Disciplinary Board through a verified complaint any
instance in which the State's Attorney believes that a
physician has willfully violated the notice requirements
of the Parental Notice of Abortion Act of 1995.
(5) State agencies. All agencies, boards, commissions,
departments, or other instrumentalities of the government
of the State of Illinois shall report to the Disciplinary
Board any instance arising in connection with the
operations of such agency, including the administration of
any law by such agency, in which a person licensed under
this Act has either committed an act or acts which may be a
violation of this Act or which may constitute
unprofessional conduct related directly to patient care or
which indicates that a person licensed under this Act may

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have a mental or physical disability that may be mentally
or physically disabled in such a manner as to endanger
patients under that person's care.
(B) Mandatory reporting. All reports required by items
(34), (35), and (36) of subsection (A) of Section 22 and by
Section 23 shall be submitted to the Disciplinary Board in a
timely fashion. Unless otherwise provided in this Section, the
reports shall be filed in writing within 60 days after a
determination that a report is required under this Act. All
reports shall contain the following information:
(1) The name, address and telephone number of the
person making the report.
(2) The name, address and telephone number of the
person who is the subject of the report.
(3) The name and date of birth of any patient or
patients whose treatment is a subject of the report, if
available, or other means of identification if such
information is not available, identification of the
hospital or other healthcare facility where the care at
issue in the report was rendered, provided, however, no
medical records may be revealed.
(4) A brief description of the facts which gave rise to
the issuance of the report, including the dates of any
occurrences deemed to necessitate the filing of the report.
(5) If court action is involved, the identity of the
court in which the action is filed, along with the docket

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number and date of filing of the action.
(6) Any further pertinent information which the
reporting party deems to be an aid in the evaluation of the
report.
The Disciplinary Board or Department may also exercise the
power under Section 38 of this Act to subpoena copies of
hospital or medical records in mandatory report cases alleging
death or permanent bodily injury. Appropriate rules shall be
adopted by the Department with the approval of the Disciplinary
Board.
When the Department has received written reports
concerning incidents required to be reported in items (34),
(35), and (36) of subsection (A) of Section 22, the licensee's
failure to report the incident to the Department under those
items shall not be the sole grounds for disciplinary action.
Nothing contained in this Section shall act to in any way,
waive or modify the confidentiality of medical reports and
committee reports to the extent provided by law. Any
information reported or disclosed shall be kept for the
confidential use of the Disciplinary Board, the Medical
Coordinators, the Disciplinary Board's attorneys, the medical
investigative staff, and authorized clerical staff, as
provided in this Act, and shall be afforded the same status as
is provided information concerning medical studies in Part 21
of Article VIII of the Code of Civil Procedure, except that the
Department may disclose information and documents to a federal,

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State, or local law enforcement agency pursuant to a subpoena
in an ongoing criminal investigation or to a health care
licensing body or medical licensing authority of this State or
another state or jurisdiction pursuant to an official request
made by that licensing body or medical licensing authority.
Furthermore, information and documents disclosed to a federal,
State, or local law enforcement agency may be used by that
agency only for the investigation and prosecution of a criminal
offense, or, in the case of disclosure to a health care
licensing body or medical licensing authority, only for
investigations and disciplinary action proceedings with regard
to a license. Information and documents disclosed to the
Department of Public Health may be used by that Department only
for investigation and disciplinary action regarding the
license of a health care institution licensed by the Department
of Public Health.
(C) Immunity from prosecution. Any individual or
organization acting in good faith, and not in a wilful and
wanton manner, in complying with this Act by providing any
report or other information to the Disciplinary Board or a peer
review committee, or assisting in the investigation or
preparation of such information, or by voluntarily reporting to
the Disciplinary Board or a peer review committee information
regarding alleged errors or negligence by a person licensed
under this Act, or by participating in proceedings of the
Disciplinary Board or a peer review committee, or by serving as

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a member of the Disciplinary Board or a peer review committee,
shall not, as a result of such actions, be subject to criminal
prosecution or civil damages.
(D) Indemnification. Members of the Disciplinary Board,
the Licensing Board, the Medical Coordinators, the
Disciplinary Board's attorneys, the medical investigative
staff, physicians retained under contract to assist and advise
the medical coordinators in the investigation, and authorized
clerical staff shall be indemnified by the State for any
actions occurring within the scope of services on the
Disciplinary Board or Licensing Board, done in good faith and
not wilful and wanton in nature. The Attorney General shall
defend all such actions unless he or she determines either that
there would be a conflict of interest in such representation or
that the actions complained of were not in good faith or were
wilful and wanton.
Should the Attorney General decline representation, the
member shall have the right to employ counsel of his or her
choice, whose fees shall be provided by the State, after
approval by the Attorney General, unless there is a
determination by a court that the member's actions were not in
good faith or were wilful and wanton.
The member must notify the Attorney General within 7 days
of receipt of notice of the initiation of any action involving
services of the Disciplinary Board. Failure to so notify the
Attorney General shall constitute an absolute waiver of the

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right to a defense and indemnification.
The Attorney General shall determine within 7 days after
receiving such notice, whether he or she will undertake to
represent the member.
(E) Deliberations of Disciplinary Board. Upon the receipt
of any report called for by this Act, other than those reports
of impaired persons licensed under this Act required pursuant
to the rules of the Disciplinary Board, the Disciplinary Board
shall notify in writing, by certified mail, the person who is
the subject of the report. Such notification shall be made
within 30 days of receipt by the Disciplinary Board of the
report.
The notification shall include a written notice setting
forth the person's right to examine the report. Included in
such notification shall be the address at which the file is
maintained, the name of the custodian of the reports, and the
telephone number at which the custodian may be reached. The
person who is the subject of the report shall submit a written
statement responding, clarifying, adding to, or proposing the
amending of the report previously filed. The person who is the
subject of the report shall also submit with the written
statement any medical records related to the report. The
statement and accompanying medical records shall become a
permanent part of the file and must be received by the
Disciplinary Board no more than 30 days after the date on which
the person was notified by the Disciplinary Board of the

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existence of the original report.
The Disciplinary Board shall review all reports received by
it, together with any supporting information and responding
statements submitted by persons who are the subject of reports.
The review by the Disciplinary Board shall be in a timely
manner but in no event, shall the Disciplinary Board's initial
review of the material contained in each disciplinary file be
less than 61 days nor more than 180 days after the receipt of
the initial report by the Disciplinary Board.
When the Disciplinary Board makes its initial review of the
materials contained within its disciplinary files, the
Disciplinary Board shall, in writing, make a determination as
to whether there are sufficient facts to warrant further
investigation or action. Failure to make such determination
within the time provided shall be deemed to be a determination
that there are not sufficient facts to warrant further
investigation or action.
Should the Disciplinary Board find that there are not
sufficient facts to warrant further investigation, or action,
the report shall be accepted for filing and the matter shall be
deemed closed and so reported to the Secretary. The Secretary
shall then have 30 days to accept the Disciplinary Board's
decision or request further investigation. The Secretary shall
inform the Board of the decision to request further
investigation, including the specific reasons for the
decision. The individual or entity filing the original report

HB4049 Enrolled - 1114 - LRB099 03667 KTG 23678 b
or complaint and the person who is the subject of the report or
complaint shall be notified in writing by the Secretary of any
final action on their report or complaint. The Department shall
disclose to the individual or entity who filed the original
report or complaint, on request, the status of the Disciplinary
Board's review of a specific report or complaint. Such request
may be made at any time, including prior to the Disciplinary
Board's determination as to whether there are sufficient facts
to warrant further investigation or action.
(F) Summary reports. The Disciplinary Board shall prepare,
on a timely basis, but in no event less than once every other
month, a summary report of final disciplinary actions taken
upon disciplinary files maintained by the Disciplinary Board.
The summary reports shall be made available to the public upon
request and payment of the fees set by the Department. This
publication may be made available to the public on the
Department's website. Information or documentation relating to
any disciplinary file that is closed without disciplinary
action taken shall not be disclosed and shall be afforded the
same status as is provided by Part 21 of Article VIII of the
Code of Civil Procedure.
(G) Any violation of this Section shall be a Class A
misdemeanor.
(H) If any such person violates the provisions of this
Section an action may be brought in the name of the People of
the State of Illinois, through the Attorney General of the

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State of Illinois, for an order enjoining such violation or for
an order enforcing compliance with this Section. Upon filing of
a verified petition in such court, the court may issue a
temporary restraining order without notice or bond and may
preliminarily or permanently enjoin such violation, and if it
is established that such person has violated or is violating
the injunction, the court may punish the offender for contempt
of court. Proceedings under this paragraph shall be in addition
to, and not in lieu of, all other remedies and penalties
provided for by this Section.
(Source: P.A. 97-449, eff. 1-1-12; 97-622, eff. 11-23-11;
98-601, eff. 12-30-13.)
Section 590. The Nurse Practice Act is amended by changing
Section 65-65 as follows:
(225 ILCS 65/65-65) (was 225 ILCS 65/15-55)
(Section scheduled to be repealed on January 1, 2018)
Sec. 65-65. Reports relating to APN professional conduct
and capacity.
(a) Entities Required to Report.
(1) Health Care Institutions. The chief administrator
or executive officer of a health care institution licensed
by the Department of Public Health, which provides the
minimum due process set forth in Section 10.4 of the
Hospital Licensing Act, shall report to the Board when an

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advanced practice nurse's organized professional staff
clinical privileges are terminated or are restricted based
on a final determination, in accordance with that
institution's bylaws or rules and regulations, that (i) a
person has either committed an act or acts that may
directly threaten patient care and that are not of an
administrative nature or (ii) that a person may have a
mental or physical disability be mentally or physically
disabled in a manner that may endanger patients under that
person's care. The chief administrator or officer shall
also report if an advanced practice nurse accepts voluntary
termination or restriction of clinical privileges in lieu
of formal action based upon conduct related directly to
patient care and not of an administrative nature, or in
lieu of formal action seeking to determine whether a person
may have a mental or physical disability be mentally or
physically disabled in a manner that may endanger patients
under that person's care. The Board shall provide by rule
for the reporting to it of all instances in which a person
licensed under this Article, who is impaired by reason of
age, drug, or alcohol abuse or physical or mental
impairment, is under supervision and, where appropriate,
is in a program of rehabilitation. Reports submitted under
this subsection shall be strictly confidential and may be
reviewed and considered only by the members of the Board or
authorized staff as provided by rule of the Board.

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Provisions shall be made for the periodic report of the
status of any such reported person not less than twice
annually in order that the Board shall have current
information upon which to determine the status of that
person. Initial and periodic reports of impaired advanced
practice nurses shall not be considered records within the
meaning of the State Records Act and shall be disposed of,
following a determination by the Board that such reports
are no longer required, in a manner and at an appropriate
time as the Board shall determine by rule. The filing of
reports submitted under this subsection shall be construed
as the filing of a report for purposes of subsection (c) of
this Section.
(2) Professional Associations. The President or chief
executive officer of an association or society of persons
licensed under this Article, operating within this State,
shall report to the Board when the association or society
renders a final determination that a person licensed under
this Article has committed unprofessional conduct related
directly to patient care or that a person may have a mental
or physical disability be mentally or physically disabled
in a manner that may endanger patients under the person's
care.
(3) Professional Liability Insurers. Every insurance
company that offers policies of professional liability
insurance to persons licensed under this Article, or any

HB4049 Enrolled - 1118 - LRB099 03667 KTG 23678 b
other entity that seeks to indemnify the professional
liability of a person licensed under this Article, shall
report to the Board the settlement of any claim or cause of
action, or final judgment rendered in any cause of action,
that alleged negligence in the furnishing of patient care
by the licensee when the settlement or final judgment is in
favor of the plaintiff.
(4) State's Attorneys. The State's Attorney of each
county shall report to the Board all instances in which a
person licensed under this Article is convicted or
otherwise found guilty of the commission of a felony.
(5) State Agencies. All agencies, boards, commissions,
departments, or other instrumentalities of the government
of this State shall report to the Board any instance
arising in connection with the operations of the agency,
including the administration of any law by the agency, in
which a person licensed under this Article has either
committed an act or acts that may constitute a violation of
this Article, that may constitute unprofessional conduct
related directly to patient care, or that indicates that a
person licensed under this Article may have a mental or
physical disability be mentally or physically disabled in a
manner that may endanger patients under that person's care.
(b) Mandatory Reporting. All reports required under items
(16) and (17) of subsection (a) of Section 70-5 shall be
submitted to the Board in a timely fashion. The reports shall

HB4049 Enrolled - 1119 - LRB099 03667 KTG 23678 b
be filed in writing within 60 days after a determination that a
report is required under this Article. All reports shall
contain the following information:
(1) The name, address, and telephone number of the
person making the report.
(2) The name, address, and telephone number of the
person who is the subject of the report.
(3) The name or other means of identification of any
patient or patients whose treatment is a subject of the
report, except that no medical records may be revealed
without the written consent of the patient or patients.
(4) A brief description of the facts that gave rise to
the issuance of the report, including but not limited to
the dates of any occurrences deemed to necessitate the
filing of the report.
(5) If court action is involved, the identity of the
court in which the action is filed, the docket number, and
date of filing of the action.
(6) Any further pertinent information that the
reporting party deems to be an aid in the evaluation of the
report.
Nothing contained in this Section shall be construed to in
any way waive or modify the confidentiality of medical reports
and committee reports to the extent provided by law. Any
information reported or disclosed shall be kept for the
confidential use of the Board, the Board's attorneys, the

HB4049 Enrolled - 1120 - LRB099 03667 KTG 23678 b
investigative staff, and authorized clerical staff and shall be
afforded the same status as is provided information concerning
medical studies in Part 21 of Article VIII of the Code of Civil
Procedure.
(c) Immunity from Prosecution. An individual or
organization acting in good faith, and not in a wilful and
wanton manner, in complying with this Section by providing a
report or other information to the Board, by assisting in the
investigation or preparation of a report or information, by
participating in proceedings of the Board, or by serving as a
member of the Board shall not, as a result of such actions, be
subject to criminal prosecution or civil damages.
(d) Indemnification. Members of the Board, the Board's
attorneys, the investigative staff, advanced practice nurses
or physicians retained under contract to assist and advise in
the investigation, and authorized clerical staff shall be
indemnified by the State for any actions (i) occurring within
the scope of services on the Board, (ii) performed in good
faith, and (iii) not wilful and wanton in nature. The Attorney
General shall defend all actions taken against those persons
unless he or she determines either that there would be a
conflict of interest in the representation or that the actions
complained of were not performed in good faith or were wilful
and wanton in nature. If the Attorney General declines
representation, the member shall have the right to employ
counsel of his or her choice, whose fees shall be provided by

HB4049 Enrolled - 1121 - LRB099 03667 KTG 23678 b
the State, after approval by the Attorney General, unless there
is a determination by a court that the member's actions were
not performed in good faith or were wilful and wanton in
nature. The member shall notify the Attorney General within 7
days of receipt of notice of the initiation of an action
involving services of the Board. Failure to so notify the
Attorney General shall constitute an absolute waiver of the
right to a defense and indemnification. The Attorney General
shall determine within 7 days after receiving the notice
whether he or she will undertake to represent the member.
(e) Deliberations of Board. Upon the receipt of a report
called for by this Section, other than those reports of
impaired persons licensed under this Article required pursuant
to the rules of the Board, the Board shall notify in writing by
certified mail the person who is the subject of the report. The
notification shall be made within 30 days of receipt by the
Board of the report. The notification shall include a written
notice setting forth the person's right to examine the report.
Included in the notification shall be the address at which the
file is maintained, the name of the custodian of the reports,
and the telephone number at which the custodian may be reached.
The person who is the subject of the report shall submit a
written statement responding to, clarifying, adding to, or
proposing to amend the report previously filed. The statement
shall become a permanent part of the file and shall be received
by the Board no more than 30 days after the date on which the

HB4049 Enrolled - 1122 - LRB099 03667 KTG 23678 b
person was notified of the existence of the original report.
The Board shall review all reports received by it and any
supporting information and responding statements submitted by
persons who are the subject of reports. The review by the Board
shall be in a timely manner but in no event shall the Board's
initial review of the material contained in each disciplinary
file be less than 61 days nor more than 180 days after the
receipt of the initial report by the Board. When the Board
makes its initial review of the materials contained within its
disciplinary files, the Board shall, in writing, make a
determination as to whether there are sufficient facts to
warrant further investigation or action. Failure to make that
determination within the time provided shall be deemed to be a
determination that there are not sufficient facts to warrant
further investigation or action. Should the Board find that
there are not sufficient facts to warrant further investigation
or action, the report shall be accepted for filing and the
matter shall be deemed closed and so reported. The individual
or entity filing the original report or complaint and the
person who is the subject of the report or complaint shall be
notified in writing by the Board of any final action on their
report or complaint.
(f) Summary Reports. The Board shall prepare, on a timely
basis, but in no event less than one every other month, a
summary report of final actions taken upon disciplinary files
maintained by the Board. The summary reports shall be made

HB4049 Enrolled - 1123 - LRB099 03667 KTG 23678 b
available to the public upon request and payment of the fees
set by the Department. This publication may be made available
to the public on the Department's Internet website.
(g) Any violation of this Section shall constitute a Class
A misdemeanor.
(h) If a person violates the provisions of this Section, an
action may be brought in the name of the People of the State of
Illinois, through the Attorney General of the State of
Illinois, for an order enjoining the violation or for an order
enforcing compliance with this Section. Upon filing of a
verified petition in court, the court may issue a temporary
restraining order without notice or bond and may preliminarily
or permanently enjoin the violation, and if it is established
that the person has violated or is violating the injunction,
the court may punish the offender for contempt of court.
Proceedings under this subsection shall be in addition to, and
not in lieu of, all other remedies and penalties provided for
by this Section.
(Source: P.A. 95-639, eff. 10-5-07.)
Section 595. The Nursing Home Administrators Licensing and
Disciplinary Act is amended by changing Section 17.1 as
follows:
(225 ILCS 70/17.1)
(Section scheduled to be repealed on January 1, 2018)

HB4049 Enrolled - 1124 - LRB099 03667 KTG 23678 b
Sec. 17.1. Reports of violations of Act or other conduct.
(a) The owner or licensee of a long term care facility
licensed under the Nursing Home Care Act who employs or
contracts with a licensee under this Act shall report to the
Department any instance of which he or she has knowledge
arising in connection with operations of the health care
institution, including the administration of any law by the
institution, in which a licensee under this Act has either
committed an act or acts which may constitute a violation of
this Act or unprofessional conduct related directly to patient
care, or which may indicate that the licensee may have a mental
or physical disability that may be mentally or physically
disabled in such a manner as to endanger patients under that
licensee's care. Additionally, every nursing home shall report
to the Department any instance when a licensee is terminated
for cause which would constitute a violation of this Act. The
Department may take disciplinary or non-disciplinary action if
the termination is based upon unprofessional conduct related to
planning, organizing, directing, or supervising the operation
of a nursing home as defined by this Act or other conduct by
the licensee that would be a violation of this Act or rules.
For the purposes of this subsection, "owner" does not mean
the owner of the real estate or physical plant who does not
hold management or operational control of the licensed long
term care facility.
(b) Any insurance company that offers policies of

HB4049 Enrolled - 1125 - LRB099 03667 KTG 23678 b
professional liability insurance to licensees, or any other
entity that seeks to indemnify the professional liability of a
licensee, shall report the settlement of any claim or adverse
final judgment rendered in any action that alleged negligence
in planning, organizing, directing, or supervising the
operation of a nursing home by the licensee.
(c) The State's Attorney of each county shall report to the
Department each instance in which a licensee is convicted of or
enters a plea of guilty or nolo contendere to any crime that is
a felony, or of which an essential element is dishonesty, or
that is directly related to the practice of the profession of
nursing home administration.
(d) Any agency, board, commission, department, or other
instrumentality of the government of the State of Illinois
shall report to the Department any instance arising in
connection with the operations of the agency, including the
administration of any law by the agency, in which a licensee
under this Act has either committed an act or acts which may
constitute a violation of this Act or unprofessional conduct
related directly to planning, organizing, directing or
supervising the operation of a nursing home, or which may
indicate that a licensee may have a mental or physical
disability that may be mentally or physically disabled in such
a manner as to endanger others.
(e) All reports required by items (19), (20), and (21) of
subsection (a) of Section 17 and by this Section 17.1 shall be

HB4049 Enrolled - 1126 - LRB099 03667 KTG 23678 b
submitted to the Department in a timely fashion. The reports
shall be filed in writing within 60 days after a determination
that a report is required under this Section. All reports shall
contain the following information:
(1) The name, address, and telephone number of the
person making the report.
(2) The name, address, and telephone number of the
person who is the subject of the report.
(3) The name and date of birth of any person or persons
whose treatment is a subject of the report, or other means
of identification if that information is not available, and
identification of the nursing home facility where the care
at issue in the report was rendered.
(4) A brief description of the facts which gave rise to
the issuance of the report, including the dates of any
occurrences deemed to necessitate the filing of the report.
(5) If court action is involved, the identity of the
court in which the action is filed, along with the docket
number and the date the action was filed.
(6) Any further pertinent information that the
reporting party deems to be an aid in evaluating the
report.
If the Department receives a written report concerning an
incident required to be reported under item (19), (20), or (21)
of subsection (a) of Section 17, then the licensee's failure to
report the incident to the Department within 60 days may not be

HB4049 Enrolled - 1127 - LRB099 03667 KTG 23678 b
the sole ground for any disciplinary action against the
licensee.
(f) Any individual or organization acting in good faith,
and not in a wilful and wanton manner, in complying with this
Section by providing any report or other information to the
Department, by assisting in the investigation or preparation of
such information, by voluntarily reporting to the Department
information regarding alleged errors or negligence by a
licensee, or by participating in proceedings of the Department,
shall not, as a result of such actions, be subject to criminal
prosecution or civil damages.
(g) Upon the receipt of any report required by this
Section, the Department shall notify in writing, by certified
mail, the person who is the subject of the report. The
notification shall be made within 30 days after the
Department's receipt of the report.
The notification shall include a written notice setting
forth the person's right to examine the report. The
notification shall also include the address at which the file
is maintained, the name of the custodian of the file, and the
telephone number at which the custodian may be reached. The
person who is the subject of the report shall submit a written
statement responding, clarifying, adding to, or proposing the
amending of the report previously filed. The statement shall
become a permanent part of the file and must be received by the
Department no more than 30 days after the date on which the

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person was notified by the Department of the existence of the
original report.
The Department shall review a report received by it,
together with any supporting information and responding
statements submitted by the person who is the subject of the
report. The review by the Department shall be in a timely
manner, but in no event shall the Department's initial review
of the material contained in each disciplinary file last less
than 61 days nor more than 180 days after the receipt of the
initial report by the Department.
When the Department makes its initial review of the
materials contained within its disciplinary files, the
Department shall, in writing, make a determination as to
whether there are sufficient facts to warrant further
investigation or action. Failure to make such a determination
within the time provided shall be deemed to be a determination
that there are not sufficient facts to warrant further
investigation or action. The Department shall notify the person
who is the subject of the report of any final action on the
report.
(h) A violation of this Section is a Class A misdemeanor.
(i) If any person or entity violates this Section, then an
action may be brought in the name of the People of the State of
Illinois, through the Attorney General of the State of
Illinois, for an order enjoining the violation or for an order
enforcing compliance with this Section. Upon filing of a

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verified petition in the court, the court may issue a temporary
restraining order without notice or bond and may preliminarily
or permanently enjoin the violation. If it is established that
the person or entity has violated or is violating the
injunction, the court may punish the offender for contempt of
court. Proceedings under this subsection (i) shall be in
addition to, and not in lieu of, all other remedies and
penalties provided for by this Section.
(Source: P.A. 96-1372, eff. 7-29-10.)
Section 600. The Podiatric Medical Practice Act of 1987 is
amended by changing Section 26 as follows:
(225 ILCS 100/26) (from Ch. 111, par. 4826)
(Section scheduled to be repealed on January 1, 2018)
Sec. 26. Reports relating to professional conduct and
capacity.
(A) The Board shall by rule provide for the reporting to it
of all instances in which a podiatric physician licensed under
this Act who is impaired by reason of age, drug or alcohol
abuse or physical or mental impairment, is under supervision
and, where appropriate, is in a program of rehabilitation.
Reports shall be strictly confidential and may be reviewed and
considered only by the members of the Board, or by authorized
staff of the Department as provided by the rules of the Board.
Provisions shall be made for the periodic report of the status

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of any such podiatric physician not less than twice annually in
order that the Board shall have current information upon which
to determine the status of any such podiatric physician. Such
initial and periodic reports of impaired physicians shall not
be considered records within the meaning of the State Records
Act and shall be disposed of, following a determination by the
Board that such reports are no longer required, in a manner and
at such time as the Board shall determine by rule. The filing
of such reports shall be construed as the filing of a report
for the purposes of subsection (C) of this Section. Failure to
file a report under this Section shall be a Class A
misdemeanor.
(A-5) The following persons and entities shall report to
the Department or the Board in the instances and under the
conditions set forth in this subsection (A-5):
(1) Any administrator or officer of any hospital,
nursing home or other health care agency or facility who
has knowledge of any action or condition which reasonably
indicates to him or her that a licensed podiatric physician
practicing in such hospital, nursing home or other health
care agency or facility is habitually intoxicated or
addicted to the use of habit forming drugs, or is otherwise
impaired, to the extent that such intoxication, addiction,
or impairment adversely affects such podiatric physician's
professional performance, or has knowledge that reasonably
indicates to him or her that any podiatric physician

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unlawfully possesses, uses, distributes or converts
habit-forming drugs belonging to the hospital, nursing
home or other health care agency or facility for such
podiatric physician's own use or benefit, shall promptly
file a written report thereof to the Department. The report
shall include the name of the podiatric physician, the name
of the patient or patients involved, if any, a brief
summary of the action, condition or occurrence that has
necessitated the report, and any other information as the
Department may deem necessary. The Department shall
provide forms on which such reports shall be filed.
(2) The president or chief executive officer of any
association or society of podiatric physicians licensed
under this Act, operating within this State shall report to
the Board when the association or society renders a final
determination relating to the professional competence or
conduct of the podiatric physician.
(3) Every insurance company that offers policies of
professional liability insurance to persons licensed under
this Act, or any other entity that seeks to indemnify the
professional liability of a podiatric physician licensed
under this Act, shall report to the Board the settlement of
any claim or cause of action, or final judgment rendered in
any cause of action that alleged negligence in the
furnishing of medical care by such licensed person when
such settlement or final judgement is in favor of the

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plaintiff.
(4) The State's Attorney of each county shall report to
the Board all instances in which a person licensed under
this Act is convicted or otherwise found guilty of the
commission of any felony.
(5) All agencies, boards, commissions, departments, or
other instrumentalities of the government of the State of
Illinois shall report to the Board any instance arising in
connection with the operations of such agency, including
the administration of any law by such agency, in which a
podiatric physician licensed under this Act has either
committed an act or acts that may be a violation of this
Act or that may constitute unprofessional conduct related
directly to patient care or that indicates that a podiatric
physician licensed under this Act may have a mental or
physical disability that may be mentally or physically
disabled in such a manner as to endanger patients under
that physician's care.
(B) All reports required by this Act shall be submitted to
the Board in a timely fashion. The reports shall be filed in
writing within 60 days after a determination that a report is
required under this Act. All reports shall contain the
following information:
(1) The name, address and telephone number of the
person making the report.
(2) The name, address and telephone number of the

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podiatric physician who is the subject of the report.
(3) The name or other means of identification of any
patient or patients whose treatment is a subject of the
report, provided, however, no medical records may be
revealed without the written consent of the patient or
patients.
(4) A brief description of the facts that gave rise to
the issuance of the report, including the dates of any
occurrences deemed to necessitate the filing of the report.
(5) If court action is involved, the identity of the
court in which the action is filed, along with the docket
number and date of filing of the action.
(6) Any further pertinent information that the
reporting party deems to be an aid in the evaluation of the
report.
Nothing contained in this Section shall waive or modify the
confidentiality of medical reports and committee reports to the
extent provided by law. Any information reported or disclosed
shall be kept for the confidential use of the Board, the
Board's attorneys, the investigative staff and other
authorized Department staff, as provided in this Act, and shall
be afforded the same status as is provided information
concerning medical studies in Part 21 of Article VIII of the
Code of Civil Procedure.
(C) Any individual or organization acting in good faith,
and not in a willful and wanton manner, in complying with this

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Act by providing any report or other information to the Board,
or assisting in the investigation or preparation of such
information, or by participating in proceedings of the Board,
or by serving as a member of the Board, shall not, as a result
of such actions, be subject to criminal prosecution or civil
damages.
(D) Members of the Board, the Board's attorneys, the
investigative staff, other podiatric physicians retained under
contract to assist and advise in the investigation, and other
authorized Department staff shall be indemnified by the State
for any actions occurring within the scope of services on the
Board, done in good faith and not willful and wanton in nature.
The Attorney General shall defend all such actions unless he or
she determines either that he or she would have a conflict of
interest in such representation or that the actions complained
of were not in good faith or were willful and wanton.
Should the Attorney General decline representation, the
member shall have the right to employ counsel of his or her
choice, whose fees shall be provided by the State, after
approval by the Attorney General, unless there is a
determination by a court that the member's actions were not in
good faith or were wilful and wanton. The member must notify
the Attorney General within 7 days of receipt of notice of the
initiation of any action involving services of the Board.
Failure to so notify the Attorney General shall constitute an
absolute waiver of the right to a defense and indemnification.

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The Attorney General shall determine within 7 days after
receiving such notice, whether he or she will undertake to
represent the member.
(E) Upon the receipt of any report called for by this Act,
other than those reports of impaired persons licensed under
this Act required pursuant to the rules of the Board, the Board
shall notify in writing, by certified mail, the podiatric
physician who is the subject of the report. Such notification
shall be made within 30 days of receipt by the Board of the
report.
The notification shall include a written notice setting
forth the podiatric physician's right to examine the report.
Included in such notification shall be the address at which the
file is maintained, the name of the custodian of the reports,
and the telephone number at which the custodian may be reached.
The podiatric physician who is the subject of the report shall
be permitted to submit a written statement responding,
clarifying, adding to, or proposing the amending of the report
previously filed. The statement shall become a permanent part
of the file and must be received by the Board no more than 30
days after the date on which the podiatric physician was
notified of the existence of the original report.
The Board shall review all reports received by it, together
with any supporting information and responding statements
submitted by persons who are the subject of reports. The review
by the Board shall be in a timely manner but in no event shall

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the Board's initial review of the material contained in each
disciplinary file be less than 61 days nor more than 180 days
after the receipt of the initial report by the Board.
When the Board makes its initial review of the materials
contained within its disciplinary files the Board shall, in
writing, make a determination as to whether there are
sufficient facts to warrant further investigation or action.
Failure to make such determination within the time provided
shall be deemed to be a determination that there are not
sufficient facts to warrant further investigation or action.
Should the Board find that there are not sufficient facts
to warrant further investigation, or action, the report shall
be accepted for filing and the matter shall be deemed closed
and so reported.
The individual or entity filing the original report or
complaint and the podiatric physician who is the subject of the
report or complaint shall be notified in writing by the Board
of any final action on their report or complaint.
(F) The Board shall prepare on a timely basis, but in no
event less than once every other month, a summary report of
final disciplinary actions taken upon disciplinary files
maintained by the Board. The summary reports shall be made
available on the Department's web site.
(G) Any violation of this Section shall be a Class A
misdemeanor.
(H) If any such podiatric physician violates the provisions

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of this Section, an action may be brought in the name of the
People of the State of Illinois, through the Attorney General
of the State of Illinois, for an order enjoining such violation
or for an order enforcing compliance with this Section. Upon
filing of a verified petition in such court, the court may
issue a temporary restraining order without notice or bond and
may preliminarily or permanently enjoin such violation, and if
it is established that such podiatric physician has violated or
is violating the injunction, the Court may punish the offender
for contempt of court. Proceedings under this paragraph shall
be in addition to, and not in lieu of, all other remedies and
penalties provided for by this Section.
(Source: P.A. 95-235, eff. 8-17-07.)
Section 605. The Illinois Explosives Act is amended by
changing Section 2005 as follows:
(225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
Sec. 2005. Qualifications for licensure.
(a) No person shall qualify to hold a license who:
(1) is under 21 years of age;
(2) has been convicted in any court of a crime
punishable by imprisonment for a term exceeding one year;
(3) is under indictment for a crime punishable by
imprisonment for a term exceeding one year;
(4) is a fugitive from justice;

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(5) is an unlawful user of or addicted to any
controlled substance as defined in Section 102 of the
federal Controlled Substances Act (21 U.S.C. Sec. 802 et
seq.);
(6) has been adjudicated a person with a mental
disability mentally disabled person as defined in Section
1.1 of the Firearm Owners Identification Card Act; or
(7) is not a legal citizen of the United States.
(b) A person who has been granted a "relief from
disabilities" regarding criminal convictions and indictments,
pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
845) may receive a license provided all other qualifications
under this Act are met.
(Source: P.A. 98-63, eff. 7-9-13.)
Section 610. The Barber, Cosmetology, Esthetics, Hair
Braiding, and Nail Technology Act of 1985 is amended by
changing Section 3B-15 as follows:
(225 ILCS 410/3B-15)
(Section scheduled to be repealed on January 1, 2016)
Sec. 3B-15. Grounds for disciplinary action. In addition to
any other cause herein set forth the Department may refuse to
issue or renew and may suspend, place on probation, or revoke
any license to operate a school, or take any other disciplinary
or non-disciplinary action that the Department may deem proper,

HB4049 Enrolled - 1139 - LRB099 03667 KTG 23678 b
including the imposition of fines not to exceed $5,000 for each
violation, for any one or any combination of the following
causes:
(1) Repeated violation of any provision of this Act or
any standard or rule established under this Act.
(2) Knowingly furnishing false, misleading, or
incomplete information to the Department or failure to
furnish information requested by the Department.
(3) Violation of any commitment made in an application
for a license, including failure to maintain standards that
are the same as, or substantially equivalent to, those
represented in the school's applications and advertising.
(4) Presenting to prospective students information
relating to the school, or to employment opportunities or
opportunities for enrollment in institutions of higher
learning after entering into or completing courses offered
by the school, that is false, misleading, or fraudulent.
(5) Failure to provide premises or equipment or to
maintain them in a safe and sanitary condition as required
by law.
(6) Failure to maintain financial resources adequate
for the satisfactory conduct of the courses of instruction
offered or to retain a sufficient and qualified
instructional and administrative staff.
(7) Refusal to admit applicants on account of race,
color, creed, sex, physical or mental disability handicap

HB4049 Enrolled - 1140 - LRB099 03667 KTG 23678 b
unrelated to ability, religion, or national origin.
(8) Paying a commission or valuable consideration to
any person for acts or services performed in violation of
this Act.
(9) Attempting to confer a fraudulent degree, diploma,
or certificate upon a student.
(10) Failure to correct any deficiency or act of
noncompliance under this Act or the standards and rules
established under this Act within reasonable time limits
set by the Department.
(11) Conduct of business or instructional services
other than at locations approved by the Department.
(12) Failure to make all of the disclosures or making
inaccurate disclosures to the Department or in the
enrollment agreement as required under this Act.
(13) Failure to make appropriate refunds as required by
this Act.
(14) Denial, loss, or withdrawal of accreditation by
any accrediting agency.
(15) During any calendar year, having a failure rate of
25% or greater for those of its students who for the first
time take the examination authorized by the Department to
determine fitness to receive a license as a barber, barber
teacher, cosmetologist, cosmetology teacher, esthetician,
esthetician teacher, hair braider, hair braiding teacher,
nail technician, or nail technology teacher, provided that

HB4049 Enrolled - 1141 - LRB099 03667 KTG 23678 b
a student who transfers into the school having completed
50% or more of the required program and who takes the
examination during that calendar year shall not be counted
for purposes of determining the school's failure rate on an
examination, without regard to whether that transfer
student passes or fails the examination.
(16) Failure to maintain a written record indicating
the funds received per student and funds paid out per
student. Such records shall be maintained for a minimum of
7 years and shall be made available to the Department upon
request. Such records shall identify the funding source and
amount for any student who has enrolled as well as any
other item set forth by rule.
(17) Failure to maintain a copy of the student record
as defined by rule.
(Source: P.A. 98-911, eff. 1-1-15.)
Section 615. The Real Estate License Act of 2000 is amended
by changing Section 25-40 as follows:
(225 ILCS 454/25-40)
(Section scheduled to be repealed on January 1, 2020)
Sec. 25-40. Exclusive State powers and functions;
municipal powers. It is declared to be the public policy of
this State, pursuant to paragraphs (h) and (i) of Section 6 of
Article VII of the Illinois Constitution of 1970, that any

HB4049 Enrolled - 1142 - LRB099 03667 KTG 23678 b
power or function set forth in this Act to be exercised by the
State is an exclusive State power or function. Such power or
function shall not be exercised concurrently, either directly
or indirectly, by any unit of local government, including home
rule units, except as otherwise provided in this Act. Nothing
in this Section shall be construed to affect or impair the
validity of Section 11-11.1-1 of the Illinois Municipal Code,
as amended, or to deny to the corporate authorities of any
municipality the powers granted in the Illinois Municipal Code
to enact ordinances prescribing fair housing practices;
defining unfair housing practices; establishing Fair Housing
or Human Relations Commissions and standards for the operation
of these commissions in the administration and enforcement of
such ordinances; prohibiting discrimination based on race,
color, creed, ancestry, national origin or physical or mental
disability handicap in the listing, sale, assignment,
exchange, transfer, lease, rental, or financing of real
property for the purpose of the residential occupancy thereof;
and prescribing penalties for violations of such ordinances.
(Source: P.A. 91-245, eff. 12-31-99.)
Section 620. The Solicitation for Charity Act is amended by
changing Sections 1 and 11 as follows:
(225 ILCS 460/1) (from Ch. 23, par. 5101)
Sec. 1. The following words and phrases as used in this Act

HB4049 Enrolled - 1143 - LRB099 03667 KTG 23678 b
shall have the following meanings unless a different meaning is
required by the context.
(a) "Charitable organization" means any benevolent,
philanthropic, patriotic, or eleemosynary person or one
purporting to be such which solicits and collects funds for
charitable purposes and includes each local, county, or area
division within this State of such charitable organization,
provided such local, county or area division has authority and
discretion to disburse funds or property otherwise than by
transfer to any parent organization.
(b) "Contribution" means the promise or grant of any money
or property of any kind or value, including the promise to pay,
except payments by union members of an organization. Reference
to the dollar amount of "contributions" in this Act means in
the case of promises to pay, or payments for merchandise or
rights of any other description, the value of the total amount
promised to be paid or paid for such merchandise or rights and
not merely that portion of the purchase price to be applied to
a charitable purpose. Contribution shall not include the
proceeds from the sale of admission tickets by any
not-for-profit music or dramatic arts organization which
establishes, by such proof as the Attorney General may require,
that it has received an exemption under Section 501(c)(3) of
the Internal Revenue Code and which is organized and operated
for the presentation of live public performances of musical or
theatrical works on a regular basis. For purposes of this

HB4049 Enrolled - 1144 - LRB099 03667 KTG 23678 b
subsection, union member dues and donated services shall not be
deemed contributions.
(c) "Person" means any individual, organization, group,
association, partnership, corporation, trust or any
combination of them.
(d) "Professional fund raiser" means any person who for
compensation or other consideration, conducts, manages, or
carries on any solicitation or fund raising drive or campaign
in this State or from this State or on behalf of a charitable
organization residing within this State for the purpose of
soliciting, receiving, or collecting contributions for or on
behalf of any charitable organization or any other person, or
who engages in the business of, or holds himself out to persons
in this State as independently engaged in the business of
soliciting, receiving, or collecting contributions for such
purposes. A bona fide director, officer, employee or unpaid
volunteer of a charitable organization shall not be deemed a
professional fund raiser unless the person is in a management
position and the majority of the individual's salary or other
compensation is computed on a percentage basis of funds to be
raised, or actually raised.
(e) "Professional fund raising consultant" means any
person who is retained by a charitable organization or trustee
for a fixed fee or rate that is not computed on a percentage of
funds to be raised, or actually raised, under a written
agreement, to only plan, advise, consult, or prepare materials

HB4049 Enrolled - 1145 - LRB099 03667 KTG 23678 b
for a solicitation of contributions in this State, but who does
not manage, conduct or carry on a fundraising campaign and who
does not solicit contributions or employ, procure, or engage
any compensated person to solicit contributions and who does
not at any time have custody or control of contributions. A
volunteer, employee or salaried officer of a charitable
organization or trustee maintaining a permanent establishment
or office in this State is not a professional fundraising
consultant. An attorney, investment counselor, or banker who
advises an individual, corporation or association to make a
charitable contribution is not a professional fundraising
consultant as a result of the advice.
(f) "Charitable purpose" means any charitable, benevolent,
philanthropic, patriotic, or eleemosynary purpose.
(g) "Charitable Trust" means any relationship whereby
property is held by a person for a charitable purpose.
(h) "Education Program Service" means any activity which
provides information to the public of a nature that is not
commonly known or facts which are not universally regarded as
obvious or as established by common understanding and which
informs the public of what it can or should do about a
particular issue.
(i) "Primary Program Service" means the program service
upon which an organization spends more than 50% of its program
service funds or the program activity which represents the
largest expenditure of funds in the fiscal period.

HB4049 Enrolled - 1146 - LRB099 03667 KTG 23678 b
(j) "Professional solicitor" means any natural person who
is employed or retained for compensation by a professional fund
raiser to solicit, receive, or collect contributions for
charitable purposes from persons in this State or from this
State or on behalf of a charitable organization residing within
this State.
(k) "Program Service Activity" means the actual charitable
program activities of a charitable organization for which it
expends its resources.
(l) "Program Service Expense" means the expenses of
charitable program activity and not management expenses or fund
raising expenses. In determining Program Service Expense,
management and fund raising expenses may not be included.
(m) "Public Safety Personnel Organization" means any
person who uses any of the words "officer", "police",
"policeman", "policemen", "troopers", "sheriff", "law
enforcement", "fireman", "firemen", "paramedic", or similar
words in its name or in conjunction with solicitations, or in
the title or name of a magazine, newspaper, periodical,
advertisement book, or any other medium of electronic or print
publication, and is not a governmental entity. No organization
may be a Public Safety Personnel Organization unless 80% or
more of its voting members or trustees are active or , retired
police officers, police officers with disabilities , or
disabled police officers, peace officers, firemen, fire
fighters, emergency medical technicians - ambulance, emergency

HB4049 Enrolled - 1147 - LRB099 03667 KTG 23678 b
medical technicians - intermediate, emergency medical
technicians - paramedic, ambulance drivers, or other medical
assistance or first aid personnel.
(m-5) "Public Safety Personnel" includes police officers,
peace officers, firemen, fire fighters, emergency medical
technicians - ambulance, emergency medical technicians -
intermediate, emergency medical technicians - paramedic,
ambulance drivers, and other medical assistance or first aid
personnel.
(n) "Trustee" means any person, individual, group of
individuals, association, corporation, not for profit
corporation, or other legal entity holding property for or
solicited for any charitable purpose; or any officer, director,
executive director or other controlling persons of a
corporation soliciting or holding property for a charitable
purpose.
(Source: P.A. 94-749, eff. 1-1-07.)
(225 ILCS 460/11) (from Ch. 23, par. 5111)
Sec. 11. (a) No person shall for the purpose of soliciting
contributions from persons in this State, use the name of any
other person, except that of an officer, director or trustee of
the charitable organization by or for which contributions are
solicited, without the written consent of such other persons.
(b) A person shall be deemed to have used the name of
another person for the purpose of soliciting contributions if

HB4049 Enrolled - 1148 - LRB099 03667 KTG 23678 b
such latter person's name is listed on any stationery,
advertisement, brochure or correspondence in or by which a
contribution is solicited by or on behalf of a charitable
organization or his name is listed or referred to in connection
with a request for a contribution as one who has contributed
to, sponsored or endorsed the charitable organization or its
activities.
(c) Nothing contained in this Section shall prevent the
publication of names of contributors without their written
consents, in an annual or other periodic report issued by a
charitable organization for the purpose of reporting on its
operations and affairs to its membership or for the purpose of
reporting contributions to contributors.
(d) No charitable organization or professional fund raiser
soliciting contributions shall use a name, symbol, or statement
so closely related or similar to that used by another
charitable organization or governmental agency that the use
thereof would tend to confuse or mislead the public.
(d-1) No Public Safety Personnel Organization may by words
in its name or in its solicitations claim to be representing,
acting on behalf of, assisting, or affiliated with the public
safety personnel of a particular municipal, regional, or other
geographical area, unless: (1) 80% or more of the
organization's voting members and trustees are persons who are
actively employed or retired or disabled from employment within
the particular municipal, regional, or other geographical area

HB4049 Enrolled - 1149 - LRB099 03667 KTG 23678 b
stated in the name or solicitation; (2) all of these members
are vested with the right to vote in the election of the
managing or controlling officers of the organization either
directly or through delegates; and (3) the organization
includes in any solicitation the actual number of active or ,
retired police officers, or police officers with disabilities ,
or disabled police officers, peace officers, firemen, fire
fighters, emergency medical technicians - ambulance, emergency
medical technicians - intermediate, emergency medical
technicians - paramedic, ambulance drivers, or other medical
assistance or first aid personnel who are members of the
organization who are actively employed, retired, or disabled
from employment within the particular municipal, regional, or
other geographical area referenced in the solicitation.
(d-2) No person or organization may have a name or use a
name using the words "officer", "police", "policeman",
"policemen", "trooper", "sheriff", "law enforcement officer",
"deputy", "chief of police", or similar words therein unless
80% or more of its trustees and voting members are active or ,
retired law enforcement personnel or law enforcement personnel
with disabilities , or disabled law enforcement personnel.
(d-3) No person or organization may have a name or use a
name using the words "fireman", "firemen", "fire fighter",
"fire chief", "paramedic", or similar words therein unless 80%
or more of its trustees and voting members are active or ,
retired fire fighters or fire fighters with disabilities or

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disabled fire fighters, firemen, emergency medical technicians -
ambulance, emergency medical technicians - intermediate,
emergency medical technicians - paramedic, ambulance drivers,
or other medical assistance or first aid personnel.
(d-4) No person by words in a Public Safety Personnel
Organization name or in solicitations made therefor shall state
he or she or his or her organization is assisting or affiliated
with a local, municipal, regional, or other governmental body
or geographical area unless 80% of its trustees and voting
members are active or , retired police officers or police
officers with disabilities , or disabled police officers, law
enforcement officials, firemen, fire fighters, emergency
medical technicians - ambulance, emergency medical technicians -
intermediate, emergency medical technicians - paramedic,
ambulance drivers, or other medical assistance or first aid
personnel of the local, municipal, regional, or other
geographical area so named or stated. Nothing in this Act shall
prohibit a Public Safety Personnel Organization from stating
the actual number of members it has in any geographical area.
(e) Any person or organization that willfully violates the
provisions of this Section is guilty of a Class A misdemeanor.
Any person or organization that willfully violates the
provisions of this Section may in addition to other remedies be
subject to a fine of $2,000 for each violation, shall be
subject to forfeiture of all solicitation fees, and shall be
enjoined from operating as a fund raiser and soliciting the

HB4049 Enrolled - 1151 - LRB099 03667 KTG 23678 b
public for fundraising purposes.
(Source: P.A. 91-301, eff. 7-29-99.)
Section 625. The Illinois Horse Racing Act of 1975 is
amended by changing Section 28 as follows:
(230 ILCS 5/28) (from Ch. 8, par. 37-28)
Sec. 28. Except as provided in subsection (g) of Section 27
of this Act, moneys collected shall be distributed according to
the provisions of this Section 28.
(a) Thirty per cent of the total of all monies received by
the State as privilege taxes shall be paid into the
Metropolitan Exposition Auditorium and Office Building Fund in
the State Treasury.
(b) In addition, 4.5% of the total of all monies received
by the State as privilege taxes shall be paid into the State
treasury into a special Fund to be known as the Metropolitan
Exposition, Auditorium, and Office Building Fund.
(c) Fifty per cent of the total of all monies received by
the State as privilege taxes under the provisions of this Act
shall be paid into the Agricultural Premium Fund.
(d) Seven per cent of the total of all monies received by
the State as privilege taxes shall be paid into the Fair and
Exposition Fund in the State treasury; provided, however, that
when all bonds issued prior to July 1, 1984 by the Metropolitan
Fair and Exposition Authority shall have been paid or payment

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shall have been provided for upon a refunding of those bonds,
thereafter 1/12 of $1,665,662 of such monies shall be paid each
month into the Build Illinois Fund, and the remainder into the
Fair and Exposition Fund. All excess monies shall be allocated
to the Department of Agriculture for distribution to county
fairs for premiums and rehabilitation as set forth in the
Agricultural Fair Act.
(e) The monies provided for in Section 30 shall be paid
into the Illinois Thoroughbred Breeders Fund.
(f) The monies provided for in Section 31 shall be paid
into the Illinois Standardbred Breeders Fund.
(g) Until January 1, 2000, that part representing 1/2 of
the total breakage in Thoroughbred, Harness, Appaloosa,
Arabian, and Quarter Horse racing in the State shall be paid
into the Illinois Race Track Improvement Fund as established in
Section 32.
(h) All other monies received by the Board under this Act
shall be paid into the Horse Racing Fund.
(i) The salaries of the Board members, secretary, stewards,
directors of mutuels, veterinarians, representatives,
accountants, clerks, stenographers, inspectors and other
employees of the Board, and all expenses of the Board incident
to the administration of this Act, including, but not limited
to, all expenses and salaries incident to the taking of saliva
and urine samples in accordance with the rules and regulations
of the Board shall be paid out of the Agricultural Premium

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Fund.
(j) The Agricultural Premium Fund shall also be used:
(1) for the expenses of operating the Illinois State
Fair and the DuQuoin State Fair, including the payment of
prize money or premiums;
(2) for the distribution to county fairs, vocational
agriculture section fairs, agricultural societies, and
agricultural extension clubs in accordance with the
Agricultural Fair Act, as amended;
(3) for payment of prize monies and premiums awarded
and for expenses incurred in connection with the
International Livestock Exposition and the Mid-Continent
Livestock Exposition held in Illinois, which premiums, and
awards must be approved, and paid by the Illinois
Department of Agriculture;
(4) for personal service of county agricultural
advisors and county home advisors;
(5) for distribution to agricultural home economic
extension councils in accordance with "An Act in relation
to additional support and finance for the Agricultural and
Home Economic Extension Councils in the several counties in
this State and making an appropriation therefor", approved
July 24, 1967, as amended;
(6) for research on equine disease, including a
development center therefor;
(7) for training scholarships for study on equine

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diseases to students at the University of Illinois College
of Veterinary Medicine;
(8) for the rehabilitation, repair and maintenance of
the Illinois and DuQuoin State Fair Grounds and the
structures and facilities thereon and the construction of
permanent improvements on such Fair Grounds, including
such structures, facilities and property located on such
State Fair Grounds which are under the custody and control
of the Department of Agriculture;
(9) for the expenses of the Department of Agriculture
under Section 5-530 of the Departments of State Government
Law (20 ILCS 5/5-530);
(10) for the expenses of the Department of Commerce and
Economic Opportunity under Sections 605-620, 605-625, and
605-630 of the Department of Commerce and Economic
Opportunity Law (20 ILCS 605/605-620, 605/605-625, and
605/605-630);
(11) for remodeling, expanding, and reconstructing
facilities destroyed by fire of any Fair and Exposition
Authority in counties with a population of 1,000,000 or
more inhabitants;
(12) for the purpose of assisting in the care and
general rehabilitation of veterans with disabilities
disabled veterans of any war and their surviving spouses
and orphans;
(13) for expenses of the Department of State Police for

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duties performed under this Act;
(14) for the Department of Agriculture for soil surveys
and soil and water conservation purposes;
(15) for the Department of Agriculture for grants to
the City of Chicago for conducting the Chicagofest;
(16) for the State Comptroller for grants and operating
expenses authorized by the Illinois Global Partnership
Act.
(k) To the extent that monies paid by the Board to the
Agricultural Premium Fund are in the opinion of the Governor in
excess of the amount necessary for the purposes herein stated,
the Governor shall notify the Comptroller and the State
Treasurer of such fact, who, upon receipt of such notification,
shall transfer such excess monies from the Agricultural Premium
Fund to the General Revenue Fund.
(Source: P.A. 97-1060, eff. 8-24-12.)
Section 630. The Riverboat Gambling Act is amended by
changing Section 6 as follows:
(230 ILCS 10/6) (from Ch. 120, par. 2406)
Sec. 6. Application for Owners License.
(a) A qualified person may apply to the Board for an owners
license to conduct a riverboat gambling operation as provided
in this Act. The application shall be made on forms provided by
the Board and shall contain such information as the Board

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prescribes, including but not limited to the identity of the
riverboat on which such gambling operation is to be conducted
and the exact location where such riverboat will be docked, a
certification that the riverboat will be registered under this
Act at all times during which gambling operations are conducted
on board, detailed information regarding the ownership and
management of the applicant, and detailed personal information
regarding the applicant. Any application for an owners license
to be re-issued on or after June 1, 2003 shall also include the
applicant's license bid in a form prescribed by the Board.
Information provided on the application shall be used as a
basis for a thorough background investigation which the Board
shall conduct with respect to each applicant. An incomplete
application shall be cause for denial of a license by the
Board.
(b) Applicants shall submit with their application all
documents, resolutions, and letters of support from the
governing body that represents the municipality or county
wherein the licensee will dock.
(c) Each applicant shall disclose the identity of every
person, association, trust or corporation having a greater than
1% direct or indirect pecuniary interest in the riverboat
gambling operation with respect to which the license is sought.
If the disclosed entity is a trust, the application shall
disclose the names and addresses of the beneficiaries; if a
corporation, the names and addresses of all stockholders and

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directors; if a partnership, the names and addresses of all
partners, both general and limited.
(d) An application shall be filed and considered in
accordance with the rules of the Board. An application fee of
$50,000 shall be paid at the time of filing to defray the costs
associated with the background investigation conducted by the
Board. If the costs of the investigation exceed $50,000, the
applicant shall pay the additional amount to the Board. If the
costs of the investigation are less than $50,000, the applicant
shall receive a refund of the remaining amount. All
information, records, interviews, reports, statements,
memoranda or other data supplied to or used by the Board in the
course of its review or investigation of an application for a
license or a renewal under this Act shall be privileged,
strictly confidential and shall be used only for the purpose of
evaluating an applicant for a license or a renewal. Such
information, records, interviews, reports, statements,
memoranda or other data shall not be admissible as evidence,
nor discoverable in any action of any kind in any court or
before any tribunal, board, agency or person, except for any
action deemed necessary by the Board.
(e) The Board shall charge each applicant a fee set by the
Department of State Police to defray the costs associated with
the search and classification of fingerprints obtained by the
Board with respect to the applicant's application. These fees
shall be paid into the State Police Services Fund.

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(f) The licensed owner shall be the person primarily
responsible for the boat itself. Only one riverboat gambling
operation may be authorized by the Board on any riverboat. The
applicant must identify each riverboat it intends to use and
certify that the riverboat: (1) has the authorized capacity
required in this Act; (2) is accessible to persons with
disabilities disabled persons; and (3) is fully registered and
licensed in accordance with any applicable laws.
(g) A person who knowingly makes a false statement on an
application is guilty of a Class A misdemeanor.
(Source: P.A. 96-1392, eff. 1-1-11.)
Section 635. The Bingo License and Tax Act is amended by
changing Section 1.3 as follows:
(230 ILCS 25/1.3)
Sec. 1.3. Restrictions on licensure. Licensing for the
conducting of bingo is subject to the following restrictions:
(1) The license application, when submitted to the
Department, must contain a sworn statement attesting to the
not-for-profit character of the prospective licensee
organization, signed by a person listed on the application
as an owner, officer, or other person in charge of the
necessary day-to-day operations of that organization.
(2) The license application shall be prepared in
accordance with the rules of the Department.

HB4049 Enrolled - 1159 - LRB099 03667 KTG 23678 b
(3) The licensee shall prominently display the license
in the area where the licensee conducts bingo. The licensee
shall likewise display, in the form and manner as
prescribed by the Department, the provisions of Section 8
of this Act.
(4) Each license shall state the day of the week, hours
and at which location the licensee is permitted to conduct
bingo games.
(5) A license is not assignable or transferable.
(6) A license authorizes the licensee to conduct the
game commonly known as bingo, in which prizes are awarded
on the basis of designated numbers or symbols on a card
conforming to numbers or symbols selected at random.
(7) The Department may, on special application made by
any organization having a bingo license, issue a special
permit for conducting bingo at other premises and on other
days not exceeding 5 consecutive days, except that a
licensee may conduct bingo at the Illinois State Fair or
any county fair held in Illinois during each day that the
fair is held, without a fee. Bingo games conducted at the
Illinois State Fair or a county fair shall not require a
special permit. No more than 2 special permits may be
issued in one year to any one organization.
(8) Any organization qualified for a license but not
holding one may, upon application and payment of a
nonrefundable fee of $50, receive a limited license to

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conduct bingo games at no more than 2 indoor or outdoor
festivals in a year for a maximum of 5 consecutive days on
each occasion. No more than 2 limited licenses under this
item (7) may be issued to any organization in any year. A
limited license must be prominently displayed at the site
where the bingo games are conducted.
(9) Senior citizens organizations and units of local
government may conduct bingo without a license or fee,
subject to the following conditions:
(A) bingo shall be conducted only (i) at a facility
that is owned by a unit of local government to which
the corporate authorities have given their approval
and that is used to provide social services or a
meeting place to senior citizens, (ii) in common areas
in multi-unit federally assisted rental housing
maintained solely for elderly persons and persons with
disabilities the elderly and handicapped, or (iii) at a
building owned by a church or veterans organization;
(B) the price paid for a single card shall not
exceed 50 cents;
(C) the aggregate retail value of all prizes or
merchandise awarded in any one game of bingo shall not
exceed $10;
(D) no person or organization shall participate in
the management or operation of bingo under this item
(9) if the person or organization would be ineligible

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for a license under this Section; and
(E) no license is required to provide premises for
bingo conducted under this item (9).
(10) Bingo equipment shall not be used for any purpose
other than for the play of bingo.
(Source: P.A. 96-210, eff. 8-10-09; 96-1055, eff. 7-14-10;
96-1150, eff. 7-21-10; 97-333, eff. 8-12-11.)
Section 640. The Illinois Public Aid Code is amended by
changing Sections 4-1.1, 4-1.6, 4-2, 4-3a, 5-1, 5-1.1, 5-2,
5-4, 5-5.4f, 5-5.17, 5-5a, and 5-13 and the heading of Article
V-C and Sections 5C-1, 5C-2, 5C-3, 5C-4, 5C-5, 5C-6, 5C-7,
5C-8, 5C-10, 6-1.2, 6-2, 6-11, 11-20, 12-4.42, and 12-5 as
follows:
(305 ILCS 5/4-1.1) (from Ch. 23, par. 4-1.1)
Sec. 4-1.1. Child age eligibility.
(a) Every assistance unit must include a child, except as
provided in subsections (b) and (c). The child or children must
have already been born and be under age 18, or, if age 18, must
be a full-time student in a secondary school or the equivalent
level of vocational or technical training.
(b) Grants shall be provided for assistance units
consisting exclusively of a pregnant woman with no dependent
child, and may include her husband if living with her, if the
pregnancy has been determined by medical diagnosis.

HB4049 Enrolled - 1162 - LRB099 03667 KTG 23678 b
(c) Grants may be provided for assistance units consisting
of only adults if all the children living with those adults are
children with disabilities disabled and receive Supplemental
Security Income.
(Source: P.A. 92-111, eff. 1-1-02.)
(305 ILCS 5/4-1.6) (from Ch. 23, par. 4-1.6)
Sec. 4-1.6. Need. Income available to the family as defined
by the Illinois Department by rule, or to the child in the case
of a child removed from his or her home, when added to
contributions in money, substance or services from other
sources, including income available from parents absent from
the home or from a stepparent, contributions made for the
benefit of the parent or other persons necessary to provide
care and supervision to the child, and contributions from
legally responsible relatives, must be equal to or less than
the grant amount established by Department regulation for such
a person. For purposes of eligibility for aid under this
Article, the Department shall (a) disregard all earned income
between the grant amount and 50% of the Federal Poverty Level
and (b) disregard the value of all assets held by the family.
In considering income to be taken into account,
consideration shall be given to any expenses reasonably
attributable to the earning of such income. Three-fourths of
the earned income of a household eligible for aid under this
Article shall be disregarded when determining the level of

HB4049 Enrolled - 1163 - LRB099 03667 KTG 23678 b
assistance for which a household is eligible. The Illinois
Department may also permit all or any portion of earned or
other income to be set aside for the future identifiable needs
of a child. The Illinois Department may provide by rule and
regulation for the exemptions thus permitted or required. The
eligibility of any applicant for or recipient of public aid
under this Article is not affected by the payment of any grant
under the "Senior Citizens and Persons with Disabilities
Disabled Persons Property Tax Relief Act" or any distributions
or items of income described under subparagraph (X) of
paragraph (2) of subsection (a) of Section 203 of the Illinois
Income Tax Act.
The Illinois Department may, by rule, set forth criteria
under which an assistance unit is ineligible for cash
assistance under this Article for a specified number of months
due to the receipt of a lump sum payment.
(Source: P.A. 97-689, eff. 6-14-12; 98-114, eff. 7-29-13.)
(305 ILCS 5/4-2) (from Ch. 23, par. 4-2)
Sec. 4-2. Amount of aid.
(a) The amount and nature of financial aid shall be
determined in accordance with the grant amounts, rules and
regulations of the Illinois Department. Due regard shall be
given to the self-sufficiency requirements of the family and to
the income, money contributions and other support and resources
available, from whatever source. However, the amount and nature

HB4049 Enrolled - 1164 - LRB099 03667 KTG 23678 b
of any financial aid is not affected by the payment of any
grant under the "Senior Citizens and Persons with Disabilities
Disabled Persons Property Tax Relief Act" or any distributions
or items of income described under subparagraph (X) of
paragraph (2) of subsection (a) of Section 203 of the Illinois
Income Tax Act. The aid shall be sufficient, when added to all
other income, money contributions and support to provide the
family with a grant in the amount established by Department
regulation.
Subject to appropriation, beginning on July 1, 2008, the
Department of Human Services shall increase TANF grant amounts
in effect on June 30, 2008 by 15%. The Department is authorized
to administer this increase but may not otherwise adopt any
rule to implement this increase.
(b) The Illinois Department may conduct special projects,
which may be known as Grant Diversion Projects, under which
recipients of financial aid under this Article are placed in
jobs and their grants are diverted to the employer who in turn
makes payments to the recipients in the form of salary or other
employment benefits. The Illinois Department shall by rule
specify the terms and conditions of such Grant Diversion
Projects. Such projects shall take into consideration and be
coordinated with the programs administered under the Illinois
Emergency Employment Development Act.
(c) The amount and nature of the financial aid for a child
requiring care outside his own home shall be determined in

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accordance with the rules and regulations of the Illinois
Department, with due regard to the needs and requirements of
the child in the foster home or institution in which he has
been placed.
(d) If the Department establishes grants for family units
consisting exclusively of a pregnant woman with no dependent
child or including her husband if living with her, the grant
amount for such a unit shall be equal to the grant amount for
an assistance unit consisting of one adult, or 2 persons if the
husband is included. Other than as herein described, an unborn
child shall not be counted in determining the size of an
assistance unit or for calculating grants.
Payments for basic maintenance requirements of a child or
children and the relative with whom the child or children are
living shall be prescribed, by rule, by the Illinois
Department.
Grants under this Article shall not be supplemented by
General Assistance provided under Article VI.
(e) Grants shall be paid to the parent or other person with
whom the child or children are living, except for such amount
as is paid in behalf of the child or his parent or other
relative to other persons or agencies pursuant to this Code or
the rules and regulations of the Illinois Department.
(f) Subject to subsection (f-5), an assistance unit,
receiving financial aid under this Article or temporarily
ineligible to receive aid under this Article under a penalty

HB4049 Enrolled - 1166 - LRB099 03667 KTG 23678 b
imposed by the Illinois Department for failure to comply with
the eligibility requirements or that voluntarily requests
termination of financial assistance under this Article and
becomes subsequently eligible for assistance within 9 months,
shall not receive any increase in the amount of aid solely on
account of the birth of a child; except that an increase is not
prohibited when the birth is (i) of a child of a pregnant woman
who became eligible for aid under this Article during the
pregnancy, or (ii) of a child born within 10 months after the
date of implementation of this subsection, or (iii) of a child
conceived after a family became ineligible for assistance due
to income or marriage and at least 3 months of ineligibility
expired before any reapplication for assistance. This
subsection does not, however, prevent a unit from receiving a
general increase in the amount of aid that is provided to all
recipients of aid under this Article.
The Illinois Department is authorized to transfer funds,
and shall use any budgetary savings attributable to not
increasing the grants due to the births of additional children,
to supplement existing funding for employment and training
services for recipients of aid under this Article IV. The
Illinois Department shall target, to the extent the
supplemental funding allows, employment and training services
to the families who do not receive a grant increase after the
birth of a child. In addition, the Illinois Department shall
provide, to the extent the supplemental funding allows, such

HB4049 Enrolled - 1167 - LRB099 03667 KTG 23678 b
families with up to 24 months of transitional child care
pursuant to Illinois Department rules. All remaining
supplemental funds shall be used for employment and training
services or transitional child care support.
In making the transfers authorized by this subsection, the
Illinois Department shall first determine, pursuant to
regulations adopted by the Illinois Department for this
purpose, the amount of savings attributable to not increasing
the grants due to the births of additional children. Transfers
may be made from General Revenue Fund appropriations for
distributive purposes authorized by Article IV of this Code
only to General Revenue Fund appropriations for employability
development services including operating and administrative
costs and related distributive purposes under Article IXA of
this Code. The Director, with the approval of the Governor,
shall certify the amount and affected line item appropriations
to the State Comptroller.
Nothing in this subsection shall be construed to prohibit
the Illinois Department from using funds under this Article IV
to provide assistance in the form of vouchers that may be used
to pay for goods and services deemed by the Illinois
Department, by rule, as suitable for the care of the child such
as diapers, clothing, school supplies, and cribs.
(f-5) Subsection (f) shall not apply to affect the monthly
assistance amount of any family as a result of the birth of a
child on or after January 1, 2004. As resources permit after

HB4049 Enrolled - 1168 - LRB099 03667 KTG 23678 b
January 1, 2004, the Department may cease applying subsection
(f) to limit assistance to families receiving assistance under
this Article on January 1, 2004, with respect to children born
prior to that date. In any event, subsection (f) shall be
completely inoperative on and after July 1, 2007.
(g) (Blank).
(h) Notwithstanding any other provision of this Code, the
Illinois Department is authorized to reduce payment levels used
to determine cash grants under this Article after December 31
of any fiscal year if the Illinois Department determines that
the caseload upon which the appropriations for the current
fiscal year are based have increased by more than 5% and the
appropriation is not sufficient to ensure that cash benefits
under this Article do not exceed the amounts appropriated for
those cash benefits. Reductions in payment levels may be
accomplished by emergency rule under Section 5-45 of the
Illinois Administrative Procedure Act, except that the
limitation on the number of emergency rules that may be adopted
in a 24-month period shall not apply and the provisions of
Sections 5-115 and 5-125 of the Illinois Administrative
Procedure Act shall not apply. Increases in payment levels
shall be accomplished only in accordance with Section 5-40 of
the Illinois Administrative Procedure Act. Before any rule to
increase payment levels promulgated under this Section shall
become effective, a joint resolution approving the rule must be
adopted by a roll call vote by a majority of the members

HB4049 Enrolled - 1169 - LRB099 03667 KTG 23678 b
elected to each chamber of the General Assembly.
(Source: P.A. 96-1000, eff. 7-2-10; 97-689, eff. 6-14-12.)
(305 ILCS 5/4-3a) (from Ch. 23, par. 4-3a)
Sec. 4-3a. No otherwise qualified child with a disability
handicapped child receiving special education and related
services under Article 14 of The School Code shall solely by
reason of his or her disability handicap be excluded from the
participation in or be denied the benefits of or be subjected
to discrimination under any program or activity provided by the
Department.
(Source: P.A. 80-1403.)
(305 ILCS 5/5-1) (from Ch. 23, par. 5-1)
Sec. 5-1. Declaration of purpose. It is the purpose of this
Article to provide a program of essential medical care and
rehabilitative services for persons receiving basic
maintenance grants under this Code and for other persons who
are unable, because of inadequate resources, to meet their
essential medical needs.
Preservation of health, alleviation of sickness, and
correction of disabling handicapping conditions for persons
requiring maintenance support are essential if they are to have
an opportunity to become self-supporting or to attain a greater
capacity for self-care. For persons who are medically indigent
but otherwise able to provide themselves with a livelihood, it

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is of special importance to maintain their incentives for
continued independence and preserve their limited resources
for ordinary maintenance needs to prevent their total or
substantial dependency.
(Source: Laws 1967, p. 122.)
(305 ILCS 5/5-1.1) (from Ch. 23, par. 5-1.1)
Sec. 5-1.1. Definitions. The terms defined in this Section
shall have the meanings ascribed to them, except when the
context otherwise requires.
(a) "Nursing facility" means a facility, licensed by the
Department of Public Health under the Nursing Home Care Act,
that provides nursing facility services within the meaning of
Title XIX of the federal Social Security Act.
(b) "Intermediate care facility for persons with
developmental disabilities the developmentally disabled" or
"ICF/DD" means a facility, licensed by the Department of Public
Health under the ID/DD Community Care Act, that is an
intermediate care facility for the mentally retarded within the
meaning of Title XIX of the federal Social Security Act.
(c) "Standard services" means those services required for
the care of all patients in the facility and shall, as a
minimum, include the following: (1) administration; (2)
dietary (standard); (3) housekeeping; (4) laundry and linen;
(5) maintenance of property and equipment, including
utilities; (6) medical records; (7) training of employees; (8)

HB4049 Enrolled - 1171 - LRB099 03667 KTG 23678 b
utilization review; (9) activities services; (10) social
services; (11) disability services; and all other similar
services required by either the laws of the State of Illinois
or one of its political subdivisions or municipalities or by
Title XIX of the Social Security Act.
(d) "Patient services" means those which vary with the
number of personnel; professional and para-professional skills
of the personnel; specialized equipment, and reflect the
intensity of the medical and psycho-social needs of the
patients. Patient services shall as a minimum include: (1)
physical services; (2) nursing services, including restorative
nursing; (3) medical direction and patient care planning; (4)
health related supportive and habilitative services and all
similar services required by either the laws of the State of
Illinois or one of its political subdivisions or municipalities
or by Title XIX of the Social Security Act.
(e) "Ancillary services" means those services which
require a specific physician's order and defined as under the
medical assistance program as not being routine in nature for
skilled nursing facilities and ICF/DDs. Such services
generally must be authorized prior to delivery and payment as
provided for under the rules of the Department of Healthcare
and Family Services.
(f) "Capital" means the investment in a facility's assets
for both debt and non-debt funds. Non-debt capital is the
difference between an adjusted replacement value of the assets

HB4049 Enrolled - 1172 - LRB099 03667 KTG 23678 b
and the actual amount of debt capital.
(g) "Profit" means the amount which shall accrue to a
facility as a result of its revenues exceeding its expenses as
determined in accordance with generally accepted accounting
principles.
(h) "Non-institutional services" means those services
provided under paragraph (f) of Section 3 of the Rehabilitation
of Persons with Disabilities Disabled Persons Rehabilitation
Act and those services provided under Section 4.02 of the
Illinois Act on the Aging.
(i) (Blank).
(j) "Institutionalized person" means an individual who is
an inpatient in an ICF/DD or nursing facility, or who is an
inpatient in a medical institution receiving a level of care
equivalent to that of an ICF/DD or nursing facility, or who is
receiving services under Section 1915(c) of the Social Security
Act.
(k) "Institutionalized spouse" means an institutionalized
person who is expected to receive services at the same level of
care for at least 30 days and is married to a spouse who is not
an institutionalized person.
(l) "Community spouse" is the spouse of an
institutionalized spouse.
(m) "Health Benefits Service Package" means, subject to
federal approval, benefits covered by the medical assistance
program as determined by the Department by rule for individuals

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eligible for medical assistance under paragraph 18 of Section
5-2 of this Code.
(n) "Federal poverty level" means the poverty guidelines
updated periodically in the Federal Register by the U.S.
Department of Health and Human Services. These guidelines set
poverty levels by family size.
(Source: P.A. 97-227, eff. 1-1-12; 97-820, eff. 7-17-12;
98-104, eff. 7-22-13.)
(305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
Sec. 5-2. Classes of Persons Eligible.
Medical assistance under this Article shall be available to
any of the following classes of persons in respect to whom a
plan for coverage has been submitted to the Governor by the
Illinois Department and approved by him. If changes made in
this Section 5-2 require federal approval, they shall not take
effect until such approval has been received:
1. Recipients of basic maintenance grants under
Articles III and IV.
2. Beginning January 1, 2014, persons otherwise
eligible for basic maintenance under Article III,
excluding any eligibility requirements that are
inconsistent with any federal law or federal regulation, as
interpreted by the U.S. Department of Health and Human
Services, but who fail to qualify thereunder on the basis
of need, and who have insufficient income and resources to

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meet the costs of necessary medical care, including but not
limited to the following:
(a) All persons otherwise eligible for basic
maintenance under Article III but who fail to qualify
under that Article on the basis of need and who meet
either of the following requirements:
(i) their income, as determined by the
Illinois Department in accordance with any federal
requirements, is equal to or less than 100% of the
federal poverty level; or
(ii) their income, after the deduction of
costs incurred for medical care and for other types
of remedial care, is equal to or less than 100% of
the federal poverty level.
(b) (Blank).
3. (Blank).
4. Persons not eligible under any of the preceding
paragraphs who fall sick, are injured, or die, not having
sufficient money, property or other resources to meet the
costs of necessary medical care or funeral and burial
expenses.
5.(a) Women during pregnancy and during the 60-day
period beginning on the last day of the pregnancy, together
with their infants, whose income is at or below 200% of the
federal poverty level. Until September 30, 2019, or sooner
if the maintenance of effort requirements under the Patient

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Protection and Affordable Care Act are eliminated or may be
waived before then, women during pregnancy and during the
60-day period beginning on the last day of the pregnancy,
whose countable monthly income, after the deduction of
costs incurred for medical care and for other types of
remedial care as specified in administrative rule, is equal
to or less than the Medical Assistance-No Grant(C)
(MANG(C)) Income Standard in effect on April 1, 2013 as set
forth in administrative rule.
(b) The plan for coverage shall provide ambulatory
prenatal care to pregnant women during a presumptive
eligibility period and establish an income eligibility
standard that is equal to 200% of the federal poverty
level, provided that costs incurred for medical care are
not taken into account in determining such income
eligibility.
(c) The Illinois Department may conduct a
demonstration in at least one county that will provide
medical assistance to pregnant women, together with their
infants and children up to one year of age, where the
income eligibility standard is set up to 185% of the
nonfarm income official poverty line, as defined by the
federal Office of Management and Budget. The Illinois
Department shall seek and obtain necessary authorization
provided under federal law to implement such a
demonstration. Such demonstration may establish resource

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standards that are not more restrictive than those
established under Article IV of this Code.
6. (a) Children younger than age 19 when countable
income is at or below 133% of the federal poverty level.
Until September 30, 2019, or sooner if the maintenance of
effort requirements under the Patient Protection and
Affordable Care Act are eliminated or may be waived before
then, children younger than age 19 whose countable monthly
income, after the deduction of costs incurred for medical
care and for other types of remedial care as specified in
administrative rule, is equal to or less than the Medical
Assistance-No Grant(C) (MANG(C)) Income Standard in effect
on April 1, 2013 as set forth in administrative rule.
(b) Children and youth who are under temporary custody
or guardianship of the Department of Children and Family
Services or who receive financial assistance in support of
an adoption or guardianship placement from the Department
of Children and Family Services.
7. (Blank).
8. As required under federal law, persons who are
eligible for Transitional Medical Assistance as a result of
an increase in earnings or child or spousal support
received. The plan for coverage for this class of persons
shall:
(a) extend the medical assistance coverage to the
extent required by federal law; and

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(b) offer persons who have initially received 6
months of the coverage provided in paragraph (a) above,
the option of receiving an additional 6 months of
coverage, subject to the following:
(i) such coverage shall be pursuant to
provisions of the federal Social Security Act;
(ii) such coverage shall include all services
covered under Illinois' State Medicaid Plan;
(iii) no premium shall be charged for such
coverage; and
(iv) such coverage shall be suspended in the
event of a person's failure without good cause to
file in a timely fashion reports required for this
coverage under the Social Security Act and
coverage shall be reinstated upon the filing of
such reports if the person remains otherwise
eligible.
9. Persons with acquired immunodeficiency syndrome
(AIDS) or with AIDS-related conditions with respect to whom
there has been a determination that but for home or
community-based services such individuals would require
the level of care provided in an inpatient hospital,
skilled nursing facility or intermediate care facility the
cost of which is reimbursed under this Article. Assistance
shall be provided to such persons to the maximum extent
permitted under Title XIX of the Federal Social Security

HB4049 Enrolled - 1178 - LRB099 03667 KTG 23678 b
Act.
10. Participants in the long-term care insurance
partnership program established under the Illinois
Long-Term Care Partnership Program Act who meet the
qualifications for protection of resources described in
Section 15 of that Act.
11. Persons with disabilities who are employed and
eligible for Medicaid, pursuant to Section
1902(a)(10)(A)(ii)(xv) of the Social Security Act, and,
subject to federal approval, persons with a medically
improved disability who are employed and eligible for
Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of
the Social Security Act, as provided by the Illinois
Department by rule. In establishing eligibility standards
under this paragraph 11, the Department shall, subject to
federal approval:
(a) set the income eligibility standard at not
lower than 350% of the federal poverty level;
(b) exempt retirement accounts that the person
cannot access without penalty before the age of 59 1/2,
and medical savings accounts established pursuant to
26 U.S.C. 220;
(c) allow non-exempt assets up to $25,000 as to
those assets accumulated during periods of eligibility
under this paragraph 11; and
(d) continue to apply subparagraphs (b) and (c) in

HB4049 Enrolled - 1179 - LRB099 03667 KTG 23678 b
determining the eligibility of the person under this
Article even if the person loses eligibility under this
paragraph 11.
12. Subject to federal approval, persons who are
eligible for medical assistance coverage under applicable
provisions of the federal Social Security Act and the
federal Breast and Cervical Cancer Prevention and
Treatment Act of 2000. Those eligible persons are defined
to include, but not be limited to, the following persons:
(1) persons who have been screened for breast or
cervical cancer under the U.S. Centers for Disease
Control and Prevention Breast and Cervical Cancer
Program established under Title XV of the federal
Public Health Services Act in accordance with the
requirements of Section 1504 of that Act as
administered by the Illinois Department of Public
Health; and
(2) persons whose screenings under the above
program were funded in whole or in part by funds
appropriated to the Illinois Department of Public
Health for breast or cervical cancer screening.
"Medical assistance" under this paragraph 12 shall be
identical to the benefits provided under the State's
approved plan under Title XIX of the Social Security Act.
The Department must request federal approval of the
coverage under this paragraph 12 within 30 days after the

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effective date of this amendatory Act of the 92nd General
Assembly.
In addition to the persons who are eligible for medical
assistance pursuant to subparagraphs (1) and (2) of this
paragraph 12, and to be paid from funds appropriated to the
Department for its medical programs, any uninsured person
as defined by the Department in rules residing in Illinois
who is younger than 65 years of age, who has been screened
for breast and cervical cancer in accordance with standards
and procedures adopted by the Department of Public Health
for screening, and who is referred to the Department by the
Department of Public Health as being in need of treatment
for breast or cervical cancer is eligible for medical
assistance benefits that are consistent with the benefits
provided to those persons described in subparagraphs (1)
and (2). Medical assistance coverage for the persons who
are eligible under the preceding sentence is not dependent
on federal approval, but federal moneys may be used to pay
for services provided under that coverage upon federal
approval.
13. Subject to appropriation and to federal approval,
persons living with HIV/AIDS who are not otherwise eligible
under this Article and who qualify for services covered
under Section 5-5.04 as provided by the Illinois Department
by rule.
14. Subject to the availability of funds for this

HB4049 Enrolled - 1181 - LRB099 03667 KTG 23678 b
purpose, the Department may provide coverage under this
Article to persons who reside in Illinois who are not
eligible under any of the preceding paragraphs and who meet
the income guidelines of paragraph 2(a) of this Section and
(i) have an application for asylum pending before the
federal Department of Homeland Security or on appeal before
a court of competent jurisdiction and are represented
either by counsel or by an advocate accredited by the
federal Department of Homeland Security and employed by a
not-for-profit organization in regard to that application
or appeal, or (ii) are receiving services through a
federally funded torture treatment center. Medical
coverage under this paragraph 14 may be provided for up to
24 continuous months from the initial eligibility date so
long as an individual continues to satisfy the criteria of
this paragraph 14. If an individual has an appeal pending
regarding an application for asylum before the Department
of Homeland Security, eligibility under this paragraph 14
may be extended until a final decision is rendered on the
appeal. The Department may adopt rules governing the
implementation of this paragraph 14.
15. Family Care Eligibility.
(a) On and after July 1, 2012, a parent or other
caretaker relative who is 19 years of age or older when
countable income is at or below 133% of the federal
poverty level. A person may not spend down to become

HB4049 Enrolled - 1182 - LRB099 03667 KTG 23678 b
eligible under this paragraph 15.
(b) Eligibility shall be reviewed annually.
(c) (Blank).
(d) (Blank).
(e) (Blank).
(f) (Blank).
(g) (Blank).
(h) (Blank).
(i) Following termination of an individual's
coverage under this paragraph 15, the individual must
be determined eligible before the person can be
re-enrolled.
16. Subject to appropriation, uninsured persons who
are not otherwise eligible under this Section who have been
certified and referred by the Department of Public Health
as having been screened and found to need diagnostic
evaluation or treatment, or both diagnostic evaluation and
treatment, for prostate or testicular cancer. For the
purposes of this paragraph 16, uninsured persons are those
who do not have creditable coverage, as defined under the
Health Insurance Portability and Accountability Act, or
have otherwise exhausted any insurance benefits they may
have had, for prostate or testicular cancer diagnostic
evaluation or treatment, or both diagnostic evaluation and
treatment. To be eligible, a person must furnish a Social
Security number. A person's assets are exempt from

HB4049 Enrolled - 1183 - LRB099 03667 KTG 23678 b
consideration in determining eligibility under this
paragraph 16. Such persons shall be eligible for medical
assistance under this paragraph 16 for so long as they need
treatment for the cancer. A person shall be considered to
need treatment if, in the opinion of the person's treating
physician, the person requires therapy directed toward
cure or palliation of prostate or testicular cancer,
including recurrent metastatic cancer that is a known or
presumed complication of prostate or testicular cancer and
complications resulting from the treatment modalities
themselves. Persons who require only routine monitoring
services are not considered to need treatment. "Medical
assistance" under this paragraph 16 shall be identical to
the benefits provided under the State's approved plan under
Title XIX of the Social Security Act. Notwithstanding any
other provision of law, the Department (i) does not have a
claim against the estate of a deceased recipient of
services under this paragraph 16 and (ii) does not have a
lien against any homestead property or other legal or
equitable real property interest owned by a recipient of
services under this paragraph 16.
17. Persons who, pursuant to a waiver approved by the
Secretary of the U.S. Department of Health and Human
Services, are eligible for medical assistance under Title
XIX or XXI of the federal Social Security Act.
Notwithstanding any other provision of this Code and

HB4049 Enrolled - 1184 - LRB099 03667 KTG 23678 b
consistent with the terms of the approved waiver, the
Illinois Department, may by rule:
(a) Limit the geographic areas in which the waiver
program operates.
(b) Determine the scope, quantity, duration, and
quality, and the rate and method of reimbursement, of
the medical services to be provided, which may differ
from those for other classes of persons eligible for
assistance under this Article.
(c) Restrict the persons' freedom in choice of
providers.
18. Beginning January 1, 2014, persons aged 19 or
older, but younger than 65, who are not otherwise eligible
for medical assistance under this Section 5-2, who qualify
for medical assistance pursuant to 42 U.S.C.
1396a(a)(10)(A)(i)(VIII) and applicable federal
regulations, and who have income at or below 133% of the
federal poverty level plus 5% for the applicable family
size as determined pursuant to 42 U.S.C. 1396a(e)(14) and
applicable federal regulations. Persons eligible for
medical assistance under this paragraph 18 shall receive
coverage for the Health Benefits Service Package as that
term is defined in subsection (m) of Section 5-1.1 of this
Code. If Illinois' federal medical assistance percentage
(FMAP) is reduced below 90% for persons eligible for
medical assistance under this paragraph 18, eligibility

HB4049 Enrolled - 1185 - LRB099 03667 KTG 23678 b
under this paragraph 18 shall cease no later than the end
of the third month following the month in which the
reduction in FMAP takes effect.
19. Beginning January 1, 2014, as required under 42
U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18
and younger than age 26 who are not otherwise eligible for
medical assistance under paragraphs (1) through (17) of
this Section who (i) were in foster care under the
responsibility of the State on the date of attaining age 18
or on the date of attaining age 21 when a court has
continued wardship for good cause as provided in Section
2-31 of the Juvenile Court Act of 1987 and (ii) received
medical assistance under the Illinois Title XIX State Plan
or waiver of such plan while in foster care.
In implementing the provisions of Public Act 96-20, the
Department is authorized to adopt only those rules necessary,
including emergency rules. Nothing in Public Act 96-20 permits
the Department to adopt rules or issue a decision that expands
eligibility for the FamilyCare Program to a person whose income
exceeds 185% of the Federal Poverty Level as determined from
time to time by the U.S. Department of Health and Human
Services, unless the Department is provided with express
statutory authority.
The eligibility of any such person for medical assistance
under this Article is not affected by the payment of any grant
under the Senior Citizens and Persons with Disabilities

HB4049 Enrolled - 1186 - LRB099 03667 KTG 23678 b
Disabled Persons Property Tax Relief Act or any distributions
or items of income described under subparagraph (X) of
paragraph (2) of subsection (a) of Section 203 of the Illinois
Income Tax Act.
The Department shall by rule establish the amounts of
assets to be disregarded in determining eligibility for medical
assistance, which shall at a minimum equal the amounts to be
disregarded under the Federal Supplemental Security Income
Program. The amount of assets of a single person to be
disregarded shall not be less than $2,000, and the amount of
assets of a married couple to be disregarded shall not be less
than $3,000.
To the extent permitted under federal law, any person found
guilty of a second violation of Article VIIIA shall be
ineligible for medical assistance under this Article, as
provided in Section 8A-8.
The eligibility of any person for medical assistance under
this Article shall not be affected by the receipt by the person
of donations or benefits from fundraisers held for the person
in cases of serious illness, as long as neither the person nor
members of the person's family have actual control over the
donations or benefits or the disbursement of the donations or
benefits.
Notwithstanding any other provision of this Code, if the
United States Supreme Court holds Title II, Subtitle A, Section
2001(a) of Public Law 111-148 to be unconstitutional, or if a

HB4049 Enrolled - 1187 - LRB099 03667 KTG 23678 b
holding of Public Law 111-148 makes Medicaid eligibility
allowed under Section 2001(a) inoperable, the State or a unit
of local government shall be prohibited from enrolling
individuals in the Medical Assistance Program as the result of
federal approval of a State Medicaid waiver on or after the
effective date of this amendatory Act of the 97th General
Assembly, and any individuals enrolled in the Medical
Assistance Program pursuant to eligibility permitted as a
result of such a State Medicaid waiver shall become immediately
ineligible.
Notwithstanding any other provision of this Code, if an Act
of Congress that becomes a Public Law eliminates Section
2001(a) of Public Law 111-148, the State or a unit of local
government shall be prohibited from enrolling individuals in
the Medical Assistance Program as the result of federal
approval of a State Medicaid waiver on or after the effective
date of this amendatory Act of the 97th General Assembly, and
any individuals enrolled in the Medical Assistance Program
pursuant to eligibility permitted as a result of such a State
Medicaid waiver shall become immediately ineligible.
Effective October 1, 2013, the determination of
eligibility of persons who qualify under paragraphs 5, 6, 8,
15, 17, and 18 of this Section shall comply with the
requirements of 42 U.S.C. 1396a(e)(14) and applicable federal
regulations.
The Department of Healthcare and Family Services, the

HB4049 Enrolled - 1188 - LRB099 03667 KTG 23678 b
Department of Human Services, and the Illinois health insurance
marketplace shall work cooperatively to assist persons who
would otherwise lose health benefits as a result of changes
made under this amendatory Act of the 98th General Assembly to
transition to other health insurance coverage.
(Source: P.A. 97-48, eff. 6-28-11; 97-74, eff. 6-30-11; 97-333,
eff. 8-12-11; 97-687, eff. 6-14-12; 97-689, eff. 6-14-12;
97-813, eff. 7-13-12; 98-104, eff. 7-22-13; 98-463, eff.
8-16-13.)
(305 ILCS 5/5-4) (from Ch. 23, par. 5-4)
Sec. 5-4. Amount and nature of medical assistance.
(a) The amount and nature of medical assistance shall be
determined in accordance with the standards, rules, and
regulations of the Department of Healthcare and Family
Services, with due regard to the requirements and conditions in
each case, including contributions available from legally
responsible relatives. However, the amount and nature of such
medical assistance shall not be affected by the payment of any
grant under the Senior Citizens and Persons with Disabilities
Disabled Persons Property Tax Relief Act or any distributions
or items of income described under subparagraph (X) of
paragraph (2) of subsection (a) of Section 203 of the Illinois
Income Tax Act. The amount and nature of medical assistance
shall not be affected by the receipt of donations or benefits
from fundraisers in cases of serious illness, as long as

HB4049 Enrolled - 1189 - LRB099 03667 KTG 23678 b
neither the person nor members of the person's family have
actual control over the donations or benefits or the
disbursement of the donations or benefits.
In determining the income and resources available to the
institutionalized spouse and to the community spouse, the
Department of Healthcare and Family Services shall follow the
procedures established by federal law. If an institutionalized
spouse or community spouse refuses to comply with the
requirements of Title XIX of the federal Social Security Act
and the regulations duly promulgated thereunder by failing to
provide the total value of assets, including income and
resources, to the extent either the institutionalized spouse or
community spouse has an ownership interest in them pursuant to
42 U.S.C. 1396r-5, such refusal may result in the
institutionalized spouse being denied eligibility and
continuing to remain ineligible for the medical assistance
program based on failure to cooperate.
Subject to federal approval, the community spouse resource
allowance shall be established and maintained at the higher of
$109,560 or the minimum level permitted pursuant to Section
1924(f)(2) of the Social Security Act, as now or hereafter
amended, or an amount set after a fair hearing, whichever is
greater. The monthly maintenance allowance for the community
spouse shall be established and maintained at the higher of
$2,739 per month or the minimum level permitted pursuant to
Section 1924(d)(3) of the Social Security Act, as now or

HB4049 Enrolled - 1190 - LRB099 03667 KTG 23678 b
hereafter amended, or an amount set after a fair hearing,
whichever is greater. Subject to the approval of the Secretary
of the United States Department of Health and Human Services,
the provisions of this Section shall be extended to persons who
but for the provision of home or community-based services under
Section 4.02 of the Illinois Act on the Aging, would require
the level of care provided in an institution, as is provided
for in federal law.
(b) Spousal support for institutionalized spouses
receiving medical assistance.
(i) The Department may seek support for an
institutionalized spouse, who has assigned his or her right
of support from his or her spouse to the State, from the
resources and income available to the community spouse.
(ii) The Department may bring an action in the circuit
court to establish support orders or itself establish
administrative support orders by any means and procedures
authorized in this Code, as applicable, except that the
standard and regulations for determining ability to
support in Section 10-3 shall not limit the amount of
support that may be ordered.
(iii) Proceedings may be initiated to obtain support,
or for the recovery of aid granted during the period such
support was not provided, or both, for the obtainment of
support and the recovery of the aid provided. Proceedings
for the recovery of aid may be taken separately or they may

HB4049 Enrolled - 1191 - LRB099 03667 KTG 23678 b
be consolidated with actions to obtain support. Such
proceedings may be brought in the name of the person or
persons requiring support or may be brought in the name of
the Department, as the case requires.
(iv) The orders for the payment of moneys for the
support of the person shall be just and equitable and may
direct payment thereof for such period or periods of time
as the circumstances require, including support for a
period before the date the order for support is entered. In
no event shall the orders reduce the community spouse
resource allowance below the level established in
subsection (a) of this Section or an amount set after a
fair hearing, whichever is greater, or reduce the monthly
maintenance allowance for the community spouse below the
level permitted pursuant to subsection (a) of this Section.
(Source: P.A. 97-689, eff. 6-14-12; 98-104, eff. 7-22-13.)
(305 ILCS 5/5-5.4f)
Sec. 5-5.4f. Intermediate care facilities for persons with
developmental disabilities the developmentally disabled
quality workforce initiative.
(a) Legislative intent. Individuals with developmental
disabilities who live in community-based settings rely on
direct support staff for a variety of supports and services
essential to the ability to reach their full potential. A
stable, well-trained direct support workforce is critical to

HB4049 Enrolled - 1192 - LRB099 03667 KTG 23678 b
the well-being of these individuals. State and national studies
have documented high rates of turnover among direct support
workers and confirmed that improvements in wages can help
reduce turnover and develop a more stable and committed
workforce. This Section would increase the wages and benefits
for direct care workers supporting individuals with
developmental disabilities and provide accountability by
ensuring that additional resources go directly to these
workers.
(b) Reimbursement. Notwithstanding any provision of
Section 5-5.4, in order to attract and retain a stable,
qualified, and healthy workforce, beginning July 1, 2010, the
Department of Healthcare and Family Services may reimburse an
individual intermediate care facility for persons with
developmental disabilities the developmentally disabled for
spending incurred to provide improved wages and benefits to its
employees serving the individuals residing in the facility.
Reimbursement shall be based upon patient days reported in the
facility's most recent cost report. Subject to available
appropriations, this reimbursement shall be made according to
the following criteria:
(1) The Department shall reimburse the facility to
compensate for spending on improved wages and benefits for
its eligible employees. Eligible employees include
employees engaged in direct care work.
(2) In order to qualify for reimbursement under this

HB4049 Enrolled - 1193 - LRB099 03667 KTG 23678 b
Section, a facility must submit to the Department, before
January 1 of each year, documentation of a written, legally
binding commitment to increase spending for the purpose of
providing improved wages and benefits to its eligible
employees during the next year. The commitment must be
binding as to both existing and future staff. The
commitment must include a method of enforcing the
commitment that is available to the employees or their
representative and is expeditious, uses a neutral
decision-maker, and is economical for the employees. The
Department must also receive documentation of the
facility's provision of written notice of the commitment
and the availability of the enforcement mechanism to the
employees or their representative.
(3) Reimbursement shall be based on the amount of
increased spending to be incurred by the facility for
improving wages and benefits that exceeds the spending
reported in the cost report currently used by the
Department. Reimbursement shall be calculated as follows:
the per diem equivalent of the quarterly difference between
the cost to provide improved wages and benefits for covered
eligible employees as identified in the legally binding
commitment and the previous period cost of wages and
benefits as reported in the cost report currently used by
the Department, subject to the limitations identified in
paragraph (2) of this subsection. In no event shall the per

HB4049 Enrolled - 1194 - LRB099 03667 KTG 23678 b
diem increase be in excess of $5.00 for any 12 month period
for an intermediate care facility for persons with
developmental disabilities the developmentally disabled
with more than 16 beds, or in excess of $6.00 for any 12
month period for an intermediate care facility for persons
with developmental disabilities the developmentally
disabled with 16 beds or less.
(4) Any intermediate care facility for persons with
developmental disabilities the developmentally disabled is
eligible to receive reimbursement under this Section. A
facility's eligibility to receive reimbursement shall
continue as long as the facility maintains eligibility
under paragraph (2) of this subsection and the
reimbursement program continues to exist.
(c) Audit. Reimbursement under this Section is subject to
audit by the Department and shall be reduced or eliminated in
the case of any facility that does not honor its commitment to
increase spending to improve the wages and benefits of its
employees or that decreases such spending.
(Source: P.A. 96-1124, eff. 7-20-10; 97-333, eff. 8-12-11.)
(305 ILCS 5/5-5.17) (from Ch. 23, par. 5-5.17)
Sec. 5-5.17. Separate reimbursement rate. The Illinois
Department may by rule establish a separate reimbursement rate
to be paid to long term care facilities for adult developmental
training services as defined in Section 15.2 of the Mental

HB4049 Enrolled - 1195 - LRB099 03667 KTG 23678 b
Health and Developmental Disabilities Administrative Act which
are provided to intellectually disabled residents of such
facilities who have intellectual disabilities and who receive
aid under this Article. Any such reimbursement shall be based
upon cost reports submitted by the providers of such services
and shall be paid by the long term care facility to the
provider within such time as the Illinois Department shall
prescribe by rule, but in no case less than 3 business days
after receipt of the reimbursement by such facility from the
Illinois Department. The Illinois Department may impose a
penalty upon a facility which does not make payment to the
provider of adult developmental training services within the
time so prescribed, up to the amount of payment not made to the
provider.
On and after July 1, 2012, the Department shall reduce any
rate of reimbursement for services or other payments or alter
any methodologies authorized by this Code to reduce any rate of
reimbursement for services or other payments in accordance with
Section 5-5e.
(Source: P.A. 97-227, eff. 1-1-12; 97-689, eff. 6-14-12.)
(305 ILCS 5/5-5a) (from Ch. 23, par. 5-5a)
Sec. 5-5a. Waiver for home and community-based services.
The Department shall apply for a waiver from the United States
Health Care Financing Administration to allow payment for home
and community-based services under this Article.

HB4049 Enrolled - 1196 - LRB099 03667 KTG 23678 b
The Department, in cooperation with the Department on
Aging, the Department of Human Services and any other relevant
State, local or federal government agency, may establish a
nursing home pre-screening program to determine whether the
applicant, eligible for medical assistance under this Article,
may use home and community-based services as a reasonable,
lower-cost alternative form of care. For the purpose of this
Section, "home and community-based services" may include, but
are not limited to, those services provided under subsection
(f) of Section 3 of the Rehabilitation of Persons with
Disabilities Disabled Persons Rehabilitation Act and Section 4
of the Illinois Act on the Aging.
(Source: P.A. 89-507, eff. 7-1-97; 89-626, eff. 8-9-96.)
(305 ILCS 5/5-13) (from Ch. 23, par. 5-13)
Sec. 5-13. Claim against estate of recipients. To the
extent permitted under the federal Social Security Act, the
amount expended under this Article (1) for a person of any age
who is an inpatient in a nursing facility, an intermediate care
facility for persons with intellectual disabilities the
intellectually disabled, or other medical institution, or (2)
for a person aged 55 or more, shall be a claim against the
person's estate or a claim against the estate of the person's
spouse, regardless of the order of death, but no recovery may
be had thereon until after the death of the surviving spouse,
if any, and then only at such time when there is no surviving

HB4049 Enrolled - 1197 - LRB099 03667 KTG 23678 b
child who is under age 21, or blind, or is a child with a
permanent total disability permanently and totally disabled.
This Section, however, shall not bar recovery at the death of
the person of amounts of medical assistance paid to or in his
behalf to which he was not entitled; provided that such
recovery shall not be enforced against any real estate while it
is occupied as a homestead by the surviving spouse or other
dependent, if no claims by other creditors have been filed
against the estate, or if such claims have been filed, they
remain dormant for failure of prosecution or failure of the
claimant to compel administration of the estate for the purpose
of payment. The term "estate", as used in this Section, with
respect to a deceased person, means all real and personal
property and other assets included within the person's estate,
as that term is used in the Probate Act of 1975; however, in
the case of a deceased person who has received (or is entitled
to receive) benefits under a long-term care insurance policy in
connection with which assets or resources are disregarded to
the extent that payments are made or because the deceased
person received (or was entitled to receive) benefits under a
long-term care insurance policy, "estate" also includes any
other real and personal property and other assets in which the
deceased person had any legal title or interest at the time of
his or her death (to the extent of that interest), including
assets conveyed to a survivor, heir, or assignee of the
deceased person through joint tenancy, tenancy in common,

HB4049 Enrolled - 1198 - LRB099 03667 KTG 23678 b
survivorship, life estate, living trust, or other arrangement.
The term "homestead", as used in this Section, means the
dwelling house and contiguous real estate occupied by a
surviving spouse or relative, as defined by the rules and
regulations of the Illinois Department, regardless of the value
of the property.
A claim arising under this Section against assets conveyed
to a survivor, heir, or assignee of the deceased person through
joint tenancy, tenancy in common, survivorship, life estate,
living trust, or other arrangement is not effective until the
claim is recorded or filed in the manner provided for a notice
of lien in Section 3-10.2. The claim is subject to the same
requirements and conditions to which liens on real property
interests are subject under Sections 3-10.1 through 3-10.10. A
claim arising under this Section attaches to interests owned or
subsequently acquired by the estate of a recipient or the
estate of a recipient's surviving spouse. The transfer or
conveyance of any real or personal property of the estate as
defined in this Section shall be subject to the fraudulent
transfer conditions that apply to real property in Section 3-11
of this Code.
The provisions of this Section shall not affect the
validity of claims against estates for medical assistance
provided prior to January 1, 1966 to aged or , blind persons or
persons with disabilities , or disabled persons receiving aid
under Articles V, VII and VII-A of the 1949 Code.

HB4049 Enrolled - 1199 - LRB099 03667 KTG 23678 b
(Source: P.A. 97-227, eff. 1-1-12.)
(305 ILCS 5/Art. V-C heading)
ARTICLE V-C.
CARE PROVIDER FUNDING FOR PERSONS WITH A DEVELOPMENTAL
DISABILITY DEVELOPMENTALLY DISABLED CARE PROVIDER FUNDING
(305 ILCS 5/5C-1) (from Ch. 23, par. 5C-1)
Sec. 5C-1. Definitions. As used in this Article, unless the
context requires otherwise:
"Fund" means the Care Provider Fund for Persons with a
Developmental Disability.
"Care facility for persons with a developmental disability
Developmentally disabled care facility" means an intermediate
care facility for the intellectually disabled within the
meaning of Title XIX of the Social Security Act, whether public
or private and whether organized for profit or not-for-profit,
but shall not include any facility operated by the State.
"Care provider for persons with a developmental disability
Developmentally disabled care provider" means a person
conducting, operating, or maintaining a facility for persons
with a developmental disability developmentally disabled care
facility. For this purpose, "person" means any political
subdivision of the State, municipal corporation, individual,
firm, partnership, corporation, company, limited liability
company, association, joint stock association, or trust, or a

HB4049 Enrolled - 1200 - LRB099 03667 KTG 23678 b
receiver, executor, trustee, guardian or other representative
appointed by order of any court.
"Adjusted gross developmentally disabled care revenue"
shall be computed separately for each facility for persons with
a developmental disability developmentally disabled care
facility conducted, operated, or maintained by a care provider
for persons with a developmental disability developmentally
disabled care provider, and means the developmentally disabled
care provider's total revenue of the care provider for persons
with a developmental disability for inpatient residential
services less contractual allowances and discounts on
patients' accounts, but does not include non-patient revenue
from sources such as contributions, donations or bequests,
investments, day training services, television and telephone
service, and rental of facility space.
"Long-term care facility for persons under 22 years of age
serving clinically complex residents" means a facility
licensed by the Department of Public Health as a long-term care
facility for persons under 22 meeting the qualifications of
Section 5-5.4h of this Code.
(Source: P.A. 97-227, eff. 1-1-12; 98-463, eff. 8-16-13;
98-651, eff. 6-16-14.)
(305 ILCS 5/5C-2) (from Ch. 23, par. 5C-2)
Sec. 5C-2. Assessment; no local authorization to tax.
(a) For the privilege of engaging in the occupation of care

HB4049 Enrolled - 1201 - LRB099 03667 KTG 23678 b
provider for persons with a developmental disability
developmentally disabled care provider, an assessment is
imposed upon each care provider for persons with a
developmental disability developmentally disabled care
provider in an amount equal to 6%, or the maximum allowed under
federal regulation, whichever is less, of its adjusted gross
developmentally disabled care revenue for the prior State
fiscal year. Notwithstanding any provision of any other Act to
the contrary, this assessment shall be construed as a tax, but
may not be added to the charges of an individual's nursing home
care that is paid for in whole, or in part, by a federal,
State, or combined federal-state medical care program, except
those individuals receiving Medicare Part B benefits solely.
(b) Nothing in this amendatory Act of 1995 shall be
construed to authorize any home rule unit or other unit of
local government to license for revenue or impose a tax or
assessment upon a care provider for persons with a
developmental disability developmentally disabled care
provider or the occupation of care provider for persons with a
developmental disability developmentally disabled care
provider, or a tax or assessment measured by the income or
earnings of a care provider for persons with a developmental
disability developmentally disabled care provider.
(c) Effective July 1, 2013, for the privilege of engaging
in the occupation of long-term care facility for persons under
22 years of age serving clinically complex residents provider,

HB4049 Enrolled - 1202 - LRB099 03667 KTG 23678 b
an assessment is imposed upon each long-term care facility for
persons under 22 years of age serving clinically complex
residents provider in the same amount and upon the same
conditions and requirements as imposed in Article V-B of this
Code and a license fee is imposed in the same amount and upon
the same conditions and requirements as imposed in Article V-E
of this Code. Notwithstanding any provision of any other Act to
the contrary, the assessment and license fee imposed by this
subsection (c) shall be construed as a tax, but may not be
added to the charges of an individual's nursing home care that
is paid for in whole, or in part, by a federal, State, or
combined federal-State medical care program, except for those
individuals receiving Medicare Part B benefits solely.
(Source: P.A. 98-651, eff. 6-16-14.)
(305 ILCS 5/5C-3) (from Ch. 23, par. 5C-3)
Sec. 5C-3. Payment of assessment; penalty.
(a) The assessment imposed by Section 5C-2 for a State
fiscal year shall be due and payable in quarterly installments,
each equalling one-fourth of the assessment for the year, on
September 30, December 31, March 31, and May 31 of the year.
(b) The Illinois Department is authorized to establish
delayed payment schedules for care providers for persons with a
developmental disability developmentally disabled care
providers that are unable to make installment payments when due
under this Section due to financial difficulties, as determined

HB4049 Enrolled - 1203 - LRB099 03667 KTG 23678 b
by the Illinois Department.
(c) If a care provider for persons with a developmental
disability developmentally disabled care provider fails to pay
the full amount of an installment when due (including any
extensions granted under subsection (b)), there shall, unless
waived by the Illinois Department for reasonable cause, be
added to the assessment imposed by Section 5C-2 for the State
fiscal year a penalty assessment equal to the lesser of (i) 5%
of the amount of the installment not paid on or before the due
date plus 5% of the portion thereof remaining unpaid on the
last day of each month thereafter or (ii) 100% of the
installment amount not paid on or before the due date. For
purposes of this subsection, payments will be credited first to
unpaid installment amounts (rather than to penalty or
interest), beginning with the most delinquent installments.
(Source: P.A. 87-861; 88-88.)
(305 ILCS 5/5C-4) (from Ch. 23, par. 5C-4)
Sec. 5C-4. Reporting; penalty; maintenance of records.
(a) After June 30 of each State fiscal year, and on or
before September 30 of the succeeding State fiscal year, every
care provider for persons with a developmental disability
developmentally disabled care provider subject to assessment
under this Article shall file a return with the Illinois
Department. The return shall report the adjusted gross
developmentally disabled care revenue from the State fiscal

HB4049 Enrolled - 1204 - LRB099 03667 KTG 23678 b
year just ended and shall be utilized by the Illinois
Department to calculate the assessment for the State fiscal
year commencing on the preceding July 1. The return shall be on
a form prepared by the Illinois Department and shall state the
following:
(1) The name of the care provider for persons with a
developmental disability developmentally disabled care
provider.
(2) The address of the care provider's developmentally
disabled care provider's principal place of business from
which the provider engages in the occupation of care
provider for persons with a developmental disability
developmentally disabled care provider in this State, and
the name and address of all care facilities for persons
with a developmental disability developmentally disabled
care facilities operated or maintained by the provider in
this State.
(3) The adjusted gross developmentally disabled care
revenue for the State fiscal year just ended, the amount of
assessment imposed under Section 5C-2 for the State fiscal
year for which the return is filed, and the amount of each
quarterly installment to be paid during the State fiscal
year.
(4) The amount of penalty due, if any.
(5) Other reasonable information the Illinois
Department requires.

HB4049 Enrolled - 1205 - LRB099 03667 KTG 23678 b
(b) If a care provider for persons with a developmental
disability developmentally disabled care provider operates or
maintains more than one care facility for persons with a
developmental disability developmentally disabled care
facility in this State, the provider may not file a single
return covering all those care facilities for persons with a
developmental disability developmentally disabled care
facilities, but shall file a separate return for each care
facility for persons with a developmental disability
developmentally disabled care facility and shall compute and
pay the assessment for each care facility for persons with a
developmental disability developmentally disabled care
facility separately.
(c) Notwithstanding any other provision in this Article, a
person who ceases to conduct, operate, or maintain a care
facility for persons with a developmental disability
developmentally disabled care facility in respect of which the
person is subject to assessment under this Article as a care
provider for persons with a developmental disability
developmentally disabled care provider, the assessment for the
State fiscal year in which the cessation occurs shall be
adjusted by multiplying the assessment computed under Section
5C-2 by a fraction, the numerator of which is the number of
months in the year during which the provider conducts,
operates, or maintains the care facility for persons with a
developmental disability developmentally disabled care

HB4049 Enrolled - 1206 - LRB099 03667 KTG 23678 b
facility and the denominator of which is 12. The person shall
file a final, amended return with the Illinois Department not
more than 90 days after the cessation reflecting the adjustment
and shall pay with the final return the assessment for the year
as so adjusted (to the extent not previously paid).
(d) Notwithstanding any other provision of this Article, a
provider who commences conducting, operating, or maintaining a
care facility for persons with a developmental disability
developmentally disabled care facility shall file an initial
return for the State fiscal year in which the commencement
occurs within 90 days thereafter and shall pay the assessment
computed under Section 5C-2 and subsection (e) in equal
installments on the due date of the return and on the regular
installment due dates for the State fiscal year occurring after
the due date of the initial return.
(e) Notwithstanding any other provision of this Article, in
the case of a care provider for persons with a developmental
disability developmentally disabled care provider that did not
conduct, operate, or maintain a care facility for persons with
a developmental disability developmentally disabled care
facility throughout the prior State fiscal year, the assessment
for that State fiscal year shall be computed on the basis of
hypothetical adjusted gross developmentally disabled care
revenue for the prior year as determined by rules adopted by
the Illinois Department (which may be based on annualization of
the provider's actual revenues for a portion of the State

HB4049 Enrolled - 1207 - LRB099 03667 KTG 23678 b
fiscal year, or revenues of a comparable facility for such
year, including revenues realized by a prior provider from the
same facility during such year).
(f) In the case of a care provider for persons with a
developmental disability developmentally disabled care
provider existing as a corporation or legal entity other than
an individual, the return filed by it shall be signed by its
president, vice-president, secretary, or treasurer or by its
properly authorized agent.
(g) If a care provider for persons with a developmental
disability developmentally disabled care provider fails to
file its return for a State fiscal year on or before the due
date of the return, there shall, unless waived by the Illinois
Department for reasonable cause, be added to the assessment
imposed by Section 5C-2 for the State fiscal year a penalty
assessment equal to 25% of the assessment imposed for the year.
(h) Every care provider for persons with a developmental
disability developmentally disabled care provider subject to
assessment under this Article shall keep records and books that
will permit the determination of adjusted gross
developmentally disabled care revenue on a State fiscal year
basis. All such books and records shall be kept in the English
language and shall, at all times during business hours of the
day, be subject to inspection by the Illinois Department or its
duly authorized agents and employees.
(Source: P.A. 87-861.)

HB4049 Enrolled - 1208 - LRB099 03667 KTG 23678 b
(305 ILCS 5/5C-5) (from Ch. 23, par. 5C-5)
Sec. 5C-5. Disposition of proceeds. The Illinois
Department shall pay all moneys received from care providers
for persons with a developmental disability developmentally
disabled care providers under this Article into the Care
Provider Fund for Persons with a Developmental Disability. Upon
certification by the Illinois Department to the State
Comptroller of its intent to withhold from a provider under
Section 5C-6(b), the State Comptroller shall draw a warrant on
the treasury or other fund held by the State Treasurer, as
appropriate. The warrant shall state the amount for which the
provider is entitled to a warrant, the amount of the deduction,
and the reason therefor and shall direct the State Treasurer to
pay the balance to the provider, all in accordance with Section
10.05 of the State Comptroller Act. The warrant also shall
direct the State Treasurer to transfer the amount of the
deduction so ordered from the treasury or other fund into the
Care Provider Fund for Persons with a Developmental Disability.
(Source: P.A. 98-463, eff. 8-16-13.)
(305 ILCS 5/5C-6) (from Ch. 23, par. 5C-6)
Sec. 5C-6. Administration; enforcement provisions.
(a) To the extent practicable, the Illinois Department
shall administer and enforce this Article and collect the
assessments, interest, and penalty assessments imposed under

HB4049 Enrolled - 1209 - LRB099 03667 KTG 23678 b
this Article, using procedures employed in its administration
of this Code generally and, as it deems appropriate, in a
manner similar to that in which the Department of Revenue
administers and collects the retailers' occupation tax
pursuant to the Retailers' Occupation Tax Act ("ROTA"). Instead
of certificates of registration, the Illinois Department shall
establish and maintain a listing of all care providers for
persons with a developmental disability developmentally
disabled care providers appearing in the licensing records of
the Department of Public Health, which shall show each
provider's name, principal place of business, and the name and
address of each care facility for persons with a developmental
disability developmentally disabled care facility operated or
maintained by the provider in this State. In addition, the
following Retailers' Occupation Tax Act provisions are
incorporated by reference into this Section, except that the
Illinois Department and its Director (rather than the
Department of Revenue and its Director) and every care provider
for persons with a developmental disability developmentally
disabled care provider subject to assessment measured by
adjusted gross developmentally disabled care revenue and to the
return filing requirements of this Article (rather than persons
subject to retailers' occupation tax measured by gross receipts
from the sale of tangible personal property at retail and to
the return filing requirements of ROTA) shall have the powers,
duties, and rights specified in these ROTA provisions, as

HB4049 Enrolled - 1210 - LRB099 03667 KTG 23678 b
modified in this Section or by the Illinois Department in a
manner consistent with this Article and except as manifestly
inconsistent with the other provisions of this Article:
(1) ROTA, Section 4 (examination of return; notice of
correction; evidence; limitations; protest and hearing),
except that (i) the Illinois Department shall issue notices
of assessment liability (rather than notices of tax
liability as provided in ROTA, Section 4); (ii) in the case
of a fraudulent return or in the case of an extended period
agreed to by the Illinois Department and the care provider
for persons with a developmental disability
developmentally disabled care provider before the
expiration of the limitation period, no notice of
assessment liability shall be issued more than 3 years
after the later of the due date of the return required by
Section 5C-5 or the date the return (or an amended return)
was filed (rather within the period stated in ROTA, Section
4); and (iii) the penalty provisions of ROTA, Section 4
shall not apply.
(2) ROTA, Section 5 (failure to make return; failure to
pay assessment), except that the penalty and interest
provisions of ROTA, Section 5 shall not apply.
(3) ROTA, Section 5a (lien; attachment; termination;
notice; protest; review; release of lien; status of lien).
(4) ROTA, Section 5b (State lien notices; State lien
index; duties of recorder and registrar of titles).

HB4049 Enrolled - 1211 - LRB099 03667 KTG 23678 b
(5) ROTA, Section 5c (liens; certificate of release).
(6) ROTA, Section 5d (Department not required to
furnish bond; claim to property attached or levied upon).
(7) ROTA, Section 5e (foreclosure on liens;
enforcement).
(8) ROTA, Section 5f (demand for payment; levy and sale
of property; limitation).
(9) ROTA, Section 5g (sale of property; redemption).
(10) ROTA, Section 5j (sales on transfers outside usual
course of business; report; payment of assessment; rights
and duties of purchaser; penalty).
(11) ROTA, Section 6 (erroneous payments; credit or
refund), provided that (i) the Illinois Department may only
apply an amount otherwise subject to credit or refund to a
liability arising under this Article; (ii) except in the
case of an extended period agreed to by the Illinois
Department and the care provider for persons with a
developmental disability developmentally disabled care
provider prior to the expiration of this limitation period,
a claim for credit or refund must be filed no more than 3
years after the due date of the return required by Section
5C-5 (rather than the time limitation stated in ROTA,
Section 6); and (iii) credits or refunds shall not bear
interest.
(12) ROTA, Section 6a (claims for credit or refund).
(13) ROTA, Section 6b (tentative determination of

HB4049 Enrolled - 1212 - LRB099 03667 KTG 23678 b
claim; notice; hearing; review), provided that a care
provider for persons with a developmental disability
developmentally disabled care provider or its
representative shall have 60 days (rather than 20 days)
within which to file a protest and request for hearing in
response to a tentative determination of claim.
(14) ROTA, Section 6c (finality of tentative
determinations).
(15) ROTA, Section 8 (investigations and hearings).
(16) ROTA, Section 9 (witness; immunity).
(17) ROTA, Section 10 (issuance of subpoenas;
attendance of witnesses; production of books and records).
(18) ROTA, Section 11 (information confidential;
exceptions).
(19) ROTA, Section 12 (rules and regulations; hearing;
appeals), except that a care provider for persons with a
developmental disability developmentally disabled care
provider shall not be required to file a bond or be subject
to a lien in lieu thereof in order to seek court review
under the Administrative Review Law of a final assessment
or revised final assessment or the equivalent thereof
issued by the Illinois Department under this Article.
(b) In addition to any other remedy provided for and
without sending a notice of assessment liability, the Illinois
Department may collect an unpaid assessment by withholding, as
payment of the assessment, reimbursements or other amounts

HB4049 Enrolled - 1213 - LRB099 03667 KTG 23678 b
otherwise payable by the Illinois Department to the provider.
(Source: P.A. 87-861.)
(305 ILCS 5/5C-7) (from Ch. 23, par. 5C-7)
Sec. 5C-7. Care Provider Fund for Persons with a
Developmental Disability.
(a) There is created in the State Treasury the Care
Provider Fund for Persons with a Developmental Disability.
Interest earned by the Fund shall be credited to the Fund. The
Fund shall not be used to replace any moneys appropriated to
the Medicaid program by the General Assembly.
(b) The Fund is created for the purpose of receiving and
disbursing assessment moneys in accordance with this Article.
Disbursements from the Fund shall be made only as follows:
(1) For payments to intermediate care facilities for
persons with a developmental disability the
developmentally disabled under Title XIX of the Social
Security Act and Article V of this Code.
(2) For the reimbursement of moneys collected by the
Illinois Department through error or mistake, and to make
required payments under Section 5-4.28(a)(1) of this Code
if there are no moneys available for such payments in the
Medicaid Provider for Persons with a Developmental
Disability Developmentally Disabled Provider Participation
Fee Trust Fund.
(3) For payment of administrative expenses incurred by

HB4049 Enrolled - 1214 - LRB099 03667 KTG 23678 b
the Department of Human Services or its agent or the
Illinois Department or its agent in performing the
activities authorized by this Article.
(4) For payments of any amounts which are reimbursable
to the federal government for payments from this Fund which
are required to be paid by State warrant.
(5) For making transfers to the General Obligation Bond
Retirement and Interest Fund as those transfers are
authorized in the proceedings authorizing debt under the
Short Term Borrowing Act, but transfers made under this
paragraph (5) shall not exceed the principal amount of debt
issued in anticipation of the receipt by the State of
moneys to be deposited into the Fund.
(6) For making refunds as required under Section 5C-10
of this Article.
Disbursements from the Fund, other than transfers to the
General Obligation Bond Retirement and Interest Fund, shall be
by warrants drawn by the State Comptroller upon receipt of
vouchers duly executed and certified by the Illinois
Department.
(c) The Fund shall consist of the following:
(1) All moneys collected or received by the Illinois
Department from the care provider for persons with a
developmental disability developmentally disabled care
provider assessment imposed by this Article.
(2) All federal matching funds received by the Illinois

HB4049 Enrolled - 1215 - LRB099 03667 KTG 23678 b
Department as a result of expenditures made by the Illinois
Department that are attributable to moneys deposited in the
Fund.
(3) Any interest or penalty levied in conjunction with
the administration of this Article.
(4) Any balance in the Medicaid Care Provider for
Persons With a Developmental Disability Developmentally
Disabled Care Provider Participation Fee Trust Fund in the
State Treasury. The balance shall be transferred to the
Fund upon certification by the Illinois Department to the
State Comptroller that all of the disbursements required by
Section 5-4.21(b) of this Code have been made.
(5) All other moneys received for the Fund from any
other source, including interest earned thereon.
(Source: P.A. 98-463, eff. 8-16-13; 98-651, eff. 6-16-14.)
(305 ILCS 5/5C-8) (from Ch. 23, par. 5C-8)
Sec. 5C-8. Applicability. The assessment imposed by
Section 5C-2 shall cease to be imposed if the amount of
matching federal funds under Title XIX of the Social Security
Act is eliminated or significantly reduced on account of the
assessment. Assessments imposed prior thereto shall be
disbursed in accordance with Section 5C-7 to the extent federal
matching is not reduced by the assessments, and any remaining
assessments shall be refunded to care providers for persons
with a developmental disability developmentally disabled care

HB4049 Enrolled - 1216 - LRB099 03667 KTG 23678 b
providers in proportion to the amounts paid by them.
(Source: P.A. 87-861.)
(305 ILCS 5/5C-10)
Sec. 5C-10. Adjustments. For long-term care facilities for
persons under 22 years of age serving clinically complex
residents previously classified as care facilities for persons
with a developmental disability developmentally disabled care
facilities under this Article, the Department shall refund any
amounts paid under this Article in State fiscal year 2014 by
the end of State fiscal year 2015 with at least half the refund
amount being made prior to December 31, 2014. The amounts
refunded shall be based on amounts paid by the facilities to
the Department as the assessment under subsection (a) of
Section 5C-2 less any assessment and license fee due for State
fiscal year 2014.
(Source: P.A. 98-651, eff. 6-16-14.)
(305 ILCS 5/6-1.2) (from Ch. 23, par. 6-1.2)
Sec. 6-1.2. Need. Income available to the person, when
added to contributions in money, substance, or services from
other sources, including contributions from legally
responsible relatives, must be insufficient to equal the grant
amount established by Department regulation (or by local
governmental unit in units which do not receive State funds)
for such a person.

HB4049 Enrolled - 1217 - LRB099 03667 KTG 23678 b
In determining income to be taken into account:
(1) The first $75 of earned income in income assistance
units comprised exclusively of one adult person shall be
disregarded, and for not more than 3 months in any 12
consecutive months that portion of earned income beyond the
first $75 that is the difference between the standard of
assistance and the grant amount, shall be disregarded.
(2) For income assistance units not comprised
exclusively of one adult person, when authorized by rules
and regulations of the Illinois Department, a portion of
earned income, not to exceed the first $25 a month plus 50%
of the next $75, may be disregarded for the purpose of
stimulating and aiding rehabilitative effort and
self-support activity.
"Earned income" means money earned in self-employment or
wages, salary, or commission for personal services performed as
an employee. The eligibility of any applicant for or recipient
of public aid under this Article is not affected by the payment
of any grant under the "Senior Citizens and Persons with
Disabilities Disabled Persons Property Tax Relief Act", any
refund or payment of the federal Earned Income Tax Credit, or
any distributions or items of income described under
subparagraph (X) of paragraph (2) of subsection (a) of Section
203 of the Illinois Income Tax Act.
(Source: P.A. 97-689, eff. 6-14-12.)

HB4049 Enrolled - 1218 - LRB099 03667 KTG 23678 b
(305 ILCS 5/6-2) (from Ch. 23, par. 6-2)
Sec. 6-2. Amount of aid. The amount and nature of General
Assistance for basic maintenance requirements shall be
determined in accordance with local budget standards for local
governmental units which do not receive State funds. For local
governmental units which do receive State funds, the amount and
nature of General Assistance for basic maintenance
requirements shall be determined in accordance with the
standards, rules and regulations of the Illinois Department.
However, the amount and nature of any financial aid is not
affected by the payment of any grant under the Senior Citizens
and Persons with Disabilities Disabled Persons Property Tax
Relief Act or any distributions or items of income described
under subparagraph (X) of paragraph (2) of subsection (a) of
Section 203 of the Illinois Income Tax Act. Due regard shall be
given to the requirements and the conditions existing in each
case, and to the income, money contributions and other support
and resources available, from whatever source. In local
governmental units which do not receive State funds, the grant
shall be sufficient when added to all other income, money
contributions and support in excess of any excluded income or
resources, to provide the person with a grant in the amount
established for such a person by the local governmental unit
based upon standards meeting basic maintenance requirements.
In local governmental units which do receive State funds, the
grant shall be sufficient when added to all other income, money

HB4049 Enrolled - 1219 - LRB099 03667 KTG 23678 b
contributions and support in excess of any excluded income or
resources, to provide the person with a grant in the amount
established for such a person by Department regulation based
upon standards providing a livelihood compatible with health
and well-being, as directed by Section 12-4.11 of this Code.
The Illinois Department may conduct special projects,
which may be known as Grant Diversion Projects, under which
recipients of financial aid under this Article are placed in
jobs and their grants are diverted to the employer who in turn
makes payments to the recipients in the form of salary or other
employment benefits. The Illinois Department shall by rule
specify the terms and conditions of such Grant Diversion
Projects. Such projects shall take into consideration and be
coordinated with the programs administered under the Illinois
Emergency Employment Development Act.
The allowances provided under Article IX for recipients
participating in the training and rehabilitation programs
shall be in addition to such maximum payment.
Payments may also be made to provide persons receiving
basic maintenance support with necessary treatment, care and
supplies required because of illness or disability or with
acute medical treatment, care, and supplies. Payments for
necessary or acute medical care under this paragraph may be
made to or in behalf of the person. Obligations incurred for
such services but not paid for at the time of a recipient's
death may be paid, subject to the rules and regulations of the

HB4049 Enrolled - 1220 - LRB099 03667 KTG 23678 b
Illinois Department, after the death of the recipient.
(Source: P.A. 97-689, eff. 6-14-12.)
(305 ILCS 5/6-11) (from Ch. 23, par. 6-11)
Sec. 6-11. General Assistance.
(a) Effective July 1, 1992, all State funded General
Assistance and related medical benefits shall be governed by
this Section, provided that, notwithstanding any other
provisions of this Code to the contrary, on and after July 1,
2012, the State shall not fund the programs outlined in this
Section. Other parts of this Code or other laws related to
General Assistance shall remain in effect to the extent they do
not conflict with the provisions of this Section. If any other
part of this Code or other laws of this State conflict with the
provisions of this Section, the provisions of this Section
shall control.
(b) General Assistance may consist of 2 separate programs.
One program shall be for adults with no children and shall be
known as Transitional Assistance. The other program may be for
families with children and for pregnant women and shall be
known as Family and Children Assistance.
(c) (1) To be eligible for Transitional Assistance on or
after July 1, 1992, an individual must be ineligible for
assistance under any other Article of this Code, must be
determined chronically needy, and must be one of the following:
(A) age 18 or over or

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(B) married and living with a spouse, regardless of
age.
(2) The local governmental unit shall determine whether
individuals are chronically needy as follows:
(A) Individuals who have applied for Supplemental
Security Income (SSI) and are awaiting a decision on
eligibility for SSI who are determined to be a person with
a disability disabled by the Illinois Department using the
SSI standard shall be considered chronically needy, except
that individuals whose disability is based solely on
substance addictions (drug abuse and alcoholism) and whose
disability would cease were their addictions to end shall
be eligible only for medical assistance and shall not be
eligible for cash assistance under the Transitional
Assistance program.
(B) (Blank).
(C) The unit of local government may specify other
categories of individuals as chronically needy; nothing in
this Section, however, shall be deemed to require the
inclusion of any specific category other than as specified
in paragraph (A).
(3) For individuals in Transitional Assistance, medical
assistance may be provided by the unit of local government in
an amount and nature determined by the unit of local
government. Nothing in this paragraph (3) shall be construed to
require the coverage of any particular medical service. In

HB4049 Enrolled - 1222 - LRB099 03667 KTG 23678 b
addition, the amount and nature of medical assistance provided
may be different for different categories of individuals
determined chronically needy.
(4) (Blank).
(5) (Blank).
(d) (1) To be eligible for Family and Children Assistance,
a family unit must be ineligible for assistance under any other
Article of this Code and must contain a child who is:
(A) under age 18 or
(B) age 18 and a full-time student in a secondary
school or the equivalent level of vocational or technical
training, and who may reasonably be expected to complete
the program before reaching age 19.
Those children shall be eligible for Family and Children
Assistance.
(2) The natural or adoptive parents of the child living in
the same household may be eligible for Family and Children
Assistance.
(3) A pregnant woman whose pregnancy has been verified
shall be eligible for income maintenance assistance under the
Family and Children Assistance program.
(4) The amount and nature of medical assistance provided
under the Family and Children Assistance program shall be
determined by the unit of local government. The amount and
nature of medical assistance provided need not be the same as
that provided under paragraph (3) of subsection (c) of this

HB4049 Enrolled - 1223 - LRB099 03667 KTG 23678 b
Section, and nothing in this paragraph (4) shall be construed
to require the coverage of any particular medical service.
(5) (Blank).
(e) A local governmental unit that chooses to participate
in a General Assistance program under this Section shall
provide funding in accordance with Section 12-21.13 of this
Act. Local governmental funds used to qualify for State funding
may only be expended for clients eligible for assistance under
this Section 6-11 and related administrative expenses.
(f) (Blank).
(g) (Blank).
(Source: P.A. 97-689, eff. 6-14-12.)
(305 ILCS 5/11-20) (from Ch. 23, par. 11-20)
Sec. 11-20. Employment registration; duty to accept
employment. This Section applies to employment and training
programs other than those for recipients of assistance under
Article IV.
(1) Each applicant or recipient and dependent member of the
family age 16 or over who is able to engage in employment and
who is unemployed, or employed for less than the full working
time for the occupation in which he or she is engaged, shall
maintain a current registration for employment or additional
employment with the system of free public employment offices
maintained in this State by the State Department of Employment
Security under the Public Employment Office Act and shall

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utilize the job placement services and other facilities of such
offices unless the Illinois Department otherwise provides by
rule for programs administered by the Illinois Department.
(2) Every person age 16 or over shall be deemed "able to
engage in employment", as that term is used herein, unless (a)
the person has an illness certified by the attending
practitioner as precluding his or her engagement in employment
of any type for a time period stated in the practitioner's
certification; or (b) the person has a medically determinable
physical or mental impairment, disease or loss of indefinite
duration and of such severity that he or she cannot perform
labor or services in any type of gainful work which exists in
the national economy, including work adjusted for persons with
physical or mental disabilities handicap; or (c) the person is
among the classes of persons exempted by paragraph 5 of this
Section. A person described in clauses (a), (b) or (c) of the
preceding sentence shall be classified as "temporarily
unemployable". The Illinois Department shall provide by rule
for periodic review of the circumstances of persons classified
as "temporarily unemployable".
(3) The Illinois Department shall provide through rules and
regulations for sanctions against applicants and recipients of
aid under this Code who fail or refuse to cooperate, without
good cause, as defined by rule of the Illinois Department, to
accept a bona fide offer of employment in which he or she is
able to engage either in the community of the person's

HB4049 Enrolled - 1225 - LRB099 03667 KTG 23678 b
residence or within reasonable commuting distance therefrom.
The Illinois Department may provide by rule for the grant
or continuation of aid for a temporary period, if federal law
or regulation so permits or requires, to a person who refuses
employment without good cause if he or she accepts counseling
or other services designed to increase motivation and
incentives for accepting employment.
(4) Without limiting other criteria which the Illinois
Department may establish, it shall be good cause of refusal if
(a) the wage does not meet applicable minimum wage
requirements,
(b) there being no applicable minimum wage as
determined in (a), the wage is certified by the Illinois
Department of Labor as being less than that which is
appropriate for the work to be performed, or
(c) acceptance of the offer involves a substantial
threat to the health or safety of the person or any of his
or her dependents.
(5) The requirements of registration and acceptance of
employment shall not apply (a) to a parent or other person
needed at home to provide personal care and supervision to a
child or children unless, in accordance with the rules and
regulations of the Illinois Department, suitable arrangements
have been or can be made for such care and supervision during
the hours of the day the parent or other person is out of the
home because of employment; (b) to a person age 16 or over in

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regular attendance in school, as defined in Section 4-1.1; or
(c) to a person whose presence in the home on a substantially
continuous basis is required because of the illness or
incapacity of another member of the household.
(Source: P.A. 91-357, eff. 7-29-99; 92-111, eff. 1-1-02.)
(305 ILCS 5/12-4.42)
Sec. 12-4.42. Medicaid Revenue Maximization.
(a) Purpose. The General Assembly finds that there is a
need to make changes to the administration of services provided
by State and local governments in order to maximize federal
financial participation.
(b) Definitions. As used in this Section:
"Community Medicaid mental health services" means all
mental health services outlined in Section 132 of Title 59 of
the Illinois Administrative Code that are funded through DHS,
eligible for federal financial participation, and provided by a
community-based provider.
"Community-based provider" means an entity enrolled as a
provider pursuant to Sections 140.11 and 140.12 of Title 89 of
the Illinois Administrative Code and certified to provide
community Medicaid mental health services in accordance with
Section 132 of Title 59 of the Illinois Administrative Code.
"DCFS" means the Department of Children and Family
Services.
"Department" means the Illinois Department of Healthcare

HB4049 Enrolled - 1227 - LRB099 03667 KTG 23678 b
and Family Services.
"Care facility for persons with a developmental disability
Developmentally disabled care facility" means an intermediate
care facility for persons with an intellectual disability the
intellectually disabled within the meaning of Title XIX of the
Social Security Act, whether public or private and whether
organized for profit or not-for-profit, but shall not include
any facility operated by the State.
"Care provider for persons with a developmental disability
Developmentally disabled care provider" means a person
conducting, operating, or maintaining a care facility for
persons with a developmental disability developmentally
disabled care facility. For purposes of this definition,
"person" means any political subdivision of the State,
municipal corporation, individual, firm, partnership,
corporation, company, limited liability company, association,
joint stock association, or trust, or a receiver, executor,
trustee, guardian, or other representative appointed by order
of any court.
"DHS" means the Illinois Department of Human Services.
"Hospital" means an institution, place, building, or
agency located in this State that is licensed as a general
acute hospital by the Illinois Department of Public Health
under the Hospital Licensing Act, whether public or private and
whether organized for profit or not-for-profit.
"Long term care facility" means (i) a skilled nursing or

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intermediate long term care facility, whether public or private
and whether organized for profit or not-for-profit, that is
subject to licensure by the Illinois Department of Public
Health under the Nursing Home Care Act, including a county
nursing home directed and maintained under Section 5-1005 of
the Counties Code, and (ii) a part of a hospital in which
skilled or intermediate long term care services within the
meaning of Title XVIII or XIX of the Social Security Act are
provided; except that the term "long term care facility" does
not include a facility operated solely as an intermediate care
facility for the intellectually disabled within the meaning of
Title XIX of the Social Security Act.
"Long term care provider" means (i) a person licensed by
the Department of Public Health to operate and maintain a
skilled nursing or intermediate long term care facility or (ii)
a hospital provider that provides skilled or intermediate long
term care services within the meaning of Title XVIII or XIX of
the Social Security Act. For purposes of this definition,
"person" means any political subdivision of the State,
municipal corporation, individual, firm, partnership,
corporation, company, limited liability company, association,
joint stock association, or trust, or a receiver, executor,
trustee, guardian, or other representative appointed by order
of any court.
"State-operated facility for persons with a developmental
disability developmentally disabled care facility" means an

HB4049 Enrolled - 1229 - LRB099 03667 KTG 23678 b
intermediate care facility for persons with an intellectual
disability the intellectually disabled within the meaning of
Title XIX of the Social Security Act operated by the State.
(c) Administration and deposit of Revenues. The Department
shall coordinate the implementation of changes required by this
amendatory Act of the 96th General Assembly amongst the various
State and local government bodies that administer programs
referred to in this Section.
Revenues generated by program changes mandated by any
provision in this Section, less reasonable administrative
costs associated with the implementation of these program
changes, which would otherwise be deposited into the General
Revenue Fund shall be deposited into the Healthcare Provider
Relief Fund.
The Department shall issue a report to the General Assembly
detailing the implementation progress of this amendatory Act of
the 96th General Assembly as a part of the Department's Medical
Programs annual report for fiscal years 2010 and 2011.
(d) Acceleration of payment vouchers. To the extent
practicable and permissible under federal law, the Department
shall create all vouchers for long term care facilities and
facilities for persons with a developmental disability
developmentally disabled care facilities for dates of service
in the month in which the enhanced federal medical assistance
percentage (FMAP) originally set forth in the American Recovery
and Reinvestment Act (ARRA) expires and for dates of service in

HB4049 Enrolled - 1230 - LRB099 03667 KTG 23678 b
the month prior to that month and shall, no later than the 15th
of the month in which the enhanced FMAP expires, submit these
vouchers to the Comptroller for payment.
The Department of Human Services shall create the necessary
documentation for State-operated facilities for persons with a
developmental disability developmentally disabled care
facilities so that the necessary data for all dates of service
before the expiration of the enhanced FMAP originally set forth
in the ARRA can be adjudicated by the Department no later than
the 15th of the month in which the enhanced FMAP expires.
(e) Billing of DHS community Medicaid mental health
services. No later than July 1, 2011, community Medicaid mental
health services provided by a community-based provider must be
billed directly to the Department.
(f) DCFS Medicaid services. The Department shall work with
DCFS to identify existing programs, pending qualifying
services, that can be converted in an economically feasible
manner to Medicaid in order to secure federal financial
revenue.
(g) Third Party Liability recoveries. The Department shall
contract with a vendor to support the Department in
coordinating benefits for Medicaid enrollees. The scope of work
shall include, at a minimum, the identification of other
insurance for Medicaid enrollees and the recovery of funds paid
by the Department when another payer was liable. The vendor may
be paid a percentage of actual cash recovered when practical

HB4049 Enrolled - 1231 - LRB099 03667 KTG 23678 b
and subject to federal law.
(h) Public health departments. The Department shall
identify unreimbursed costs for persons covered by Medicaid who
are served by the Chicago Department of Public Health.
The Department shall assist the Chicago Department of
Public Health in determining total unreimbursed costs
associated with the provision of healthcare services to
Medicaid enrollees.
The Department shall determine and draw the maximum
allowable federal matching dollars associated with the cost of
Chicago Department of Public Health services provided to
Medicaid enrollees.
(i) Acceleration of hospital-based payments. The
Department shall, by the 10th day of the month in which the
enhanced FMAP originally set forth in the ARRA expires, create
vouchers for all State fiscal year 2011 hospital payments
exempt from the prompt payment requirements of the ARRA. The
Department shall submit these vouchers to the Comptroller for
payment.
(Source: P.A. 96-1405, eff. 7-29-10; 97-48, eff. 6-28-11;
97-227, eff. 1-1-12; 97-333, eff. 8-12-11; 97-813, eff.
7-13-12.)
(305 ILCS 5/12-5) (from Ch. 23, par. 12-5)
Sec. 12-5. Appropriations; uses; federal grants; report to
General Assembly. From the sums appropriated by the General

HB4049 Enrolled - 1232 - LRB099 03667 KTG 23678 b
Assembly, the Illinois Department shall order for payment by
warrant from the State Treasury grants for public aid under
Articles III, IV, and V, including grants for funeral and
burial expenses, and all costs of administration of the
Illinois Department and the County Departments relating
thereto. Moneys appropriated to the Illinois Department for
public aid under Article VI may be used, with the consent of
the Governor, to co-operate with federal, State, and local
agencies in the development of work projects designed to
provide suitable employment for persons receiving public aid
under Article VI. The Illinois Department, with the consent of
the Governor, may be the agent of the State for the receipt and
disbursement of federal funds or commodities for public aid
purposes under Article VI and for related purposes in which the
co-operation of the Illinois Department is sought by the
federal government, and, in connection therewith, may make
necessary expenditures from moneys appropriated for public aid
under any Article of this Code and for administration. The
Illinois Department, with the consent of the Governor, may be
the agent of the State for the receipt and disbursement of
federal funds pursuant to the Immigration Reform and Control
Act of 1986 and may make necessary expenditures from monies
appropriated to it for operations, administration, and grants,
including payment to the Health Insurance Reserve Fund for
group insurance costs at the rate certified by the Department
of Central Management Services. All amounts received by the

HB4049 Enrolled - 1233 - LRB099 03667 KTG 23678 b
Illinois Department pursuant to the Immigration Reform and
Control Act of 1986 shall be deposited in the Immigration
Reform and Control Fund. All amounts received into the
Immigration Reform and Control Fund as reimbursement for
expenditures from the General Revenue Fund shall be transferred
to the General Revenue Fund.
All grants received by the Illinois Department for programs
funded by the Federal Social Services Block Grant shall be
deposited in the Social Services Block Grant Fund. All funds
received into the Social Services Block Grant Fund as
reimbursement for expenditures from the General Revenue Fund
shall be transferred to the General Revenue Fund. All funds
received into the Social Services Block Grant fund for
reimbursement for expenditure out of the Local Initiative Fund
shall be transferred into the Local Initiative Fund. Any other
federal funds received into the Social Services Block Grant
Fund shall be transferred to the Special Purposes Trust Fund.
All federal funds received by the Illinois Department as
reimbursement for Employment and Training Programs for
expenditures made by the Illinois Department from grants,
gifts, or legacies as provided in Section 12-4.18 or made by an
entity other than the Illinois Department shall be deposited
into the Employment and Training Fund, except that federal
funds received as reimbursement as a result of the
appropriation made for the costs of providing adult education
to public assistance recipients under the "Adult Education,

HB4049 Enrolled - 1234 - LRB099 03667 KTG 23678 b
Public Assistance Fund" shall be deposited into the General
Revenue Fund; provided, however, that all funds, except those
that are specified in an interagency agreement between the
Illinois Community College Board and the Illinois Department,
that are received by the Illinois Department as reimbursement
under Title IV-A of the Social Security Act for expenditures
that are made by the Illinois Community College Board or any
public community college of this State shall be credited to a
special account that the State Treasurer shall establish and
maintain within the Employment and Training Fund for the
purpose of segregating the reimbursements received for
expenditures made by those entities. As reimbursements are
deposited into the Employment and Training Fund, the Illinois
Department shall certify to the State Comptroller and State
Treasurer the amount that is to be credited to the special
account established within that Fund as a reimbursement for
expenditures under Title IV-A of the Social Security Act made
by the Illinois Community College Board or any of the public
community colleges. All amounts credited to the special account
established and maintained within the Employment and Training
Fund as provided in this Section shall be held for transfer to
the TANF Opportunities Fund as provided in subsection (d) of
Section 12-10.3, and shall not be transferred to any other fund
or used for any other purpose.
Eighty percent of the federal financial participation
funds received by the Illinois Department under the Title IV-A

HB4049 Enrolled - 1235 - LRB099 03667 KTG 23678 b
Emergency Assistance program as reimbursement for expenditures
made from the Illinois Department of Children and Family
Services appropriations for the costs of providing services in
behalf of Department of Children and Family Services clients
shall be deposited into the DCFS Children's Services Fund.
All federal funds, except those covered by the foregoing 3
paragraphs, received as reimbursement for expenditures from
the General Revenue Fund shall be deposited in the General
Revenue Fund for administrative and distributive expenditures
properly chargeable by federal law or regulation to aid
programs established under Articles III through XII and Titles
IV, XVI, XIX and XX of the Federal Social Security Act. Any
other federal funds received by the Illinois Department under
Sections 12-4.6, 12-4.18 and 12-4.19 that are required by
Section 12-10 of this Code to be paid into the Special Purposes
Trust Fund shall be deposited into the Special Purposes Trust
Fund. Any other federal funds received by the Illinois
Department pursuant to the Child Support Enforcement Program
established by Title IV-D of the Social Security Act shall be
deposited in the Child Support Enforcement Trust Fund as
required under Section 12-10.2 or in the Child Support
Administrative Fund as required under Section 12-10.2a of this
Code. Any other federal funds received by the Illinois
Department for medical assistance program expenditures made
under Title XIX of the Social Security Act and Article V of
this Code that are required by Section 5-4.21 of this Code to

HB4049 Enrolled - 1236 - LRB099 03667 KTG 23678 b
be paid into the Medicaid Provider for Persons with a
Developmental Disability Developmentally Disabled Provider
Participation Fee Trust Fund shall be deposited into the
Medicaid Provider for Persons with a Developmental Disability
Developmentally Disabled Provider Participation Fee Trust
Fund. Any other federal funds received by the Illinois
Department for medical assistance program expenditures made
under Title XIX of the Social Security Act and Article V of
this Code that are required by Section 5-4.31 of this Code to
be paid into the Medicaid Long Term Care Provider Participation
Fee Trust Fund shall be deposited into the Medicaid Long Term
Care Provider Participation Fee Trust Fund. Any other federal
funds received by the Illinois Department for hospital
inpatient, hospital ambulatory care, and disproportionate
share hospital expenditures made under Title XIX of the Social
Security Act and Article V of this Code that are required by
Section 14-2 of this Code to be paid into the Hospital Services
Trust Fund shall be deposited into the Hospital Services Trust
Fund. Any other federal funds received by the Illinois
Department for expenditures made under Title XIX of the Social
Security Act and Articles V and VI of this Code that are
required by Section 15-2 of this Code to be paid into the
County Provider Trust Fund shall be deposited into the County
Provider Trust Fund. Any other federal funds received by the
Illinois Department for hospital inpatient, hospital
ambulatory care, and disproportionate share hospital

HB4049 Enrolled - 1237 - LRB099 03667 KTG 23678 b
expenditures made under Title XIX of the Social Security Act
and Article V of this Code that are required by Section 5A-8 of
this Code to be paid into the Hospital Provider Fund shall be
deposited into the Hospital Provider Fund. Any other federal
funds received by the Illinois Department for medical
assistance program expenditures made under Title XIX of the
Social Security Act and Article V of this Code that are
required by Section 5B-8 of this Code to be paid into the
Long-Term Care Provider Fund shall be deposited into the
Long-Term Care Provider Fund. Any other federal funds received
by the Illinois Department for medical assistance program
expenditures made under Title XIX of the Social Security Act
and Article V of this Code that are required by Section 5C-7 of
this Code to be paid into the Care Provider Fund for Persons
with a Developmental Disability shall be deposited into the
Care Provider Fund for Persons with a Developmental Disability.
Any other federal funds received by the Illinois Department for
trauma center adjustment payments that are required by Section
5-5.03 of this Code and made under Title XIX of the Social
Security Act and Article V of this Code shall be deposited into
the Trauma Center Fund. Any other federal funds received by the
Illinois Department as reimbursement for expenses for early
intervention services paid from the Early Intervention
Services Revolving Fund shall be deposited into that Fund.
The Illinois Department shall report to the General
Assembly at the end of each fiscal quarter the amount of all

HB4049 Enrolled - 1238 - LRB099 03667 KTG 23678 b
funds received and paid into the Social Service Block Grant
Fund and the Local Initiative Fund and the expenditures and
transfers of such funds for services, programs and other
purposes authorized by law. Such report shall be filed with the
Speaker, Minority Leader and Clerk of the House, with the
President, Minority Leader and Secretary of the Senate, with
the Chairmen of the House and Senate Appropriations Committees,
the House Human Resources Committee and the Senate Public
Health, Welfare and Corrections Committee, or the successor
standing Committees of each as provided by the rules of the
House and Senate, respectively, with the Legislative Research
Unit and with the State Government Report Distribution Center
for the General Assembly as is required under paragraph (t) of
Section 7 of the State Library Act shall be deemed sufficient
to comply with this Section.
(Source: P.A. 98-463, eff. 8-16-13.)
Section 645. The Energy Assistance Act is amended by
changing Section 6 as follows:
(305 ILCS 20/6) (from Ch. 111 2/3, par. 1406)
Sec. 6. Eligibility, Conditions of Participation, and
Energy Assistance.
(a) Any person who is a resident of the State of Illinois
and whose household income is not greater than an amount
determined annually by the Department, in consultation with the

HB4049 Enrolled - 1239 - LRB099 03667 KTG 23678 b
Policy Advisory Council, may apply for assistance pursuant to
this Act in accordance with regulations promulgated by the
Department. In setting the annual eligibility level, the
Department shall consider the amount of available funding and
may not set a limit higher than 150% of the federal nonfarm
poverty level as established by the federal Office of
Management and Budget; except that for the period ending June
30, 2013, the Department may not establish limits higher than
200% of that poverty level or the maximum level provided for by
federal guidelines.
(b) Applicants who qualify for assistance pursuant to
subsection (a) of this Section shall, subject to appropriation
from the General Assembly and subject to availability of funds
to the Department, receive energy assistance as provided by
this Act. The Department, upon receipt of monies authorized
pursuant to this Act for energy assistance, shall commit funds
for each qualified applicant in an amount determined by the
Department. In determining the amounts of assistance to be
provided to or on behalf of a qualified applicant, the
Department shall ensure that the highest amounts of assistance
go to households with the greatest energy costs in relation to
household income. The Department shall include factors such as
energy costs, household size, household income, and region of
the State when determining individual household benefits. In
setting assistance levels, the Department shall attempt to
provide assistance to approximately the same number of

HB4049 Enrolled - 1240 - LRB099 03667 KTG 23678 b
households who participated in the 1991 Residential Energy
Assistance Partnership Program. Such assistance levels shall
be adjusted annually on the basis of funding availability and
energy costs. In promulgating rules for the administration of
this Section the Department shall assure that a minimum of 1/3
of funds available for benefits to eligible households with the
lowest incomes and that elderly households and households with
persons with disabilities and disabled households are offered a
priority application period.
(c) If the applicant is not a customer of record of an
energy provider for energy services or an applicant for such
service, such applicant shall receive a direct energy
assistance payment in an amount established by the Department
for all such applicants under this Act; provided, however, that
such an applicant must have rental expenses for housing greater
than 30% of household income.
(c-1) This subsection shall apply only in cases where: (1)
the applicant is not a customer of record of an energy provider
because energy services are provided by the owner of the unit
as a portion of the rent; (2) the applicant resides in housing
subsidized or developed with funds provided under the Rental
Housing Support Program Act or under a similar locally funded
rent subsidy program, or is the voucher holder who resides in a
rental unit within the State of Illinois and whose monthly rent
is subsidized by the tenant-based Housing Choice Voucher
Program under Section 8 of the U.S. Housing Act of 1937; and

HB4049 Enrolled - 1241 - LRB099 03667 KTG 23678 b
(3) the rental expenses for housing are no more than 30% of
household income. In such cases, the household may apply for an
energy assistance payment under this Act and the owner of the
housing unit shall cooperate with the applicant by providing
documentation of the energy costs for that unit. Any
compensation paid to the energy provider who supplied energy
services to the household shall be paid on behalf of the owner
of the housing unit providing energy services to the household.
The Department shall report annually to the General Assembly on
the number of households receiving energy assistance under this
subsection and the cost of such assistance. The provisions of
this subsection (c-1), other than this sentence, are
inoperative after August 31, 2012.
(d) If the applicant is a customer of an energy provider,
such applicant shall receive energy assistance in an amount
established by the Department for all such applicants under
this Act, such amount to be paid by the Department to the
energy provider supplying winter energy service to such
applicant. Such applicant shall:
(i) make all reasonable efforts to apply to any other
appropriate source of public energy assistance; and
(ii) sign a waiver permitting the Department to receive
income information from any public or private agency
providing income or energy assistance and from any
employer, whether public or private.
(e) Any qualified applicant pursuant to this Section may

HB4049 Enrolled - 1242 - LRB099 03667 KTG 23678 b
receive or have paid on such applicant's behalf an emergency
assistance payment to enable such applicant to obtain access to
winter energy services. Any such payments shall be made in
accordance with regulations of the Department.
(f) The Department may, if sufficient funds are available,
provide additional benefits to certain qualified applicants:
(i) for the reduction of past due amounts owed to
energy providers; and
(ii) to assist the household in responding to
excessively high summer temperatures or energy costs.
Households containing elderly members, children, a person
with a disability, or a person with a medical need for
conditioned air shall receive priority for receipt of such
benefits.
(Source: P.A. 96-154, eff. 1-1-10; 96-157, eff. 9-1-09;
96-1000, eff. 7-2-10; 97-721, eff. 6-29-12.)
Section 650. The Medicaid Revenue Act is amended by
changing Section 1-2 as follows:
(305 ILCS 35/1-2) (from Ch. 23, par. 7051-2)
Sec. 1-2. Legislative finding and declaration. The General
Assembly hereby finds, determines, and declares:
(1) It is in the public interest and it is the public
policy of this State to provide for and improve the basic
medical care and long-term health care services of its

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indigent, most vulnerable citizens.
(2) Preservation of health, alleviation of sickness,
and correction of disabling handicapping conditions for
persons requiring maintenance support are essential if
those persons are to have an opportunity to become
self-supporting or to attain a greater capacity for
self-care.
(3) For persons who are medically indigent but
otherwise able to provide themselves a livelihood, it is of
special importance to maintain their incentives for
continued independence and preserve their limited
resources for ordinary maintenance needed to prevent their
total or substantial dependence on public support.
(4) The State has historically provided for care and
services, in conjunction with the federal government,
through the establishment and funding of a medical
assistance program administered by the Department of
Healthcare and Family Services (formerly Department of
Public Aid) and approved by the Secretary of Health and
Human Services under Title XIX of the federal Social
Security Act, that program being commonly referred to as
"Medicaid".
(5) The Medicaid program is a funding partnership
between the State of Illinois and the federal government,
with the Department of Healthcare and Family Services being
designated as the single State agency responsible for the

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administration of the program, but with the State
historically receiving 50% of the amounts expended as
medical assistance under the Medicaid program from the
federal government.
(6) To raise a portion of Illinois' share of the
Medicaid funds after July 1, 1991, the General Assembly
enacted Public Act 87-13 to provide for the collection of
provider participation fees from designated health care
providers receiving Medicaid payments.
(7) On September 12, 1991, the Secretary of Health and
Human Services proposed regulations that could have
reduced the federal matching of Medicaid expenditures
incurred on or after January 1, 1992 by the portion of the
expenditures paid from funds raised through the provider
participation fees.
(8) To prevent the Secretary from enacting those
regulations but at the same time to impose certain
statutory limitations on the means by which states may
raise Medicaid funds eligible for federal matching,
Congress enacted the Medicaid Voluntary Contribution and
Provider-Specific Tax Amendments of 1991, Public Law
102-234.
(9) Public Law 102-234 provides for a state's share of
Medicaid funding eligible for federal matching to be raised
through "broad-based health care related taxes", meaning,
generally, a tax imposed with respect to a class of health

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care items or services (or providers thereof) specified
therein, which (i) is imposed on all items or services or
providers in the class in the state, except federal or
public providers, and (ii) is imposed uniformly on all
providers in the class at the same rate with respect to the
same base.
(10) The separate classes of health care items and
services established by P.L. 102-234 include inpatient and
outpatient hospital services, nursing facility services,
and services of intermediate care facilities for persons
with intellectual disabilities the intellectually
disabled.
(11) The provider participation fees imposed under
P.A. 87-13 may not meet the standards under P.L. 102-234.
(12) The resulting hospital Medicaid reimbursement
reductions may force the closure of some hospitals now
serving a disproportionately high number of the needy, who
would then have to be cared for by remaining hospitals at
substantial cost to those remaining hospitals.
(13) The hospitals in the State are all part of and
benefit from a hospital system linked together in a number
of ways, including common licensing and regulation, health
care standards, education, research and disease control
reporting, patient transfers for specialist care, and
organ donor networks.
(14) Each hospital's patient population demographics,

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including the proportion of patients whose care is paid by
Medicaid, is subject to change over time.
(15) Hospitals in the State have a special interest in
the payment of adequate reimbursement levels for hospital
care by Medicaid.
(16) Most hospitals are exempt from payment of most
federal, State, and local income, sales, property, and
other taxes.
(17) The hospital assessment enacted by this Act under
the guidelines of P.L. 102-234 is the most efficient means
of raising the federally matchable funds needed for
hospital care reimbursement.
(18) Cook County Hospital and Oak Forest Hospital are
public hospitals owned and operated by Cook County with
unique fiscal problems, including a patient population
that is primarily Medicaid or altogether nonpaying, that
make an intergovernmental transfer payment arrangement a
more appropriate means of financing than the regular
hospital assessment and reimbursement provisions.
(19) Sole community hospitals provide access to
essential care that would otherwise not be reasonably
available in the community they serve, such that imposition
of assessments on them in their precarious financial
circumstances may force their closure and have the effect
of reducing access to health care.
(20) Each nursing home's resident population

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demographics, including the proportion of residents whose
care is paid by Medicaid, is subject to change over time in
that, among other things, residents currently able to pay
the cost of nursing home care may become dependent on
Medicaid support for continued care and services as
resources are depleted.
(21) As the citizens of the State age, increased
pressures will be placed on limited facilities to provide
reasonable levels of care for a greater number of geriatric
residents, and all involved in the nursing home industry,
providers and residents, have a special interest in the
maintenance of adequate Medicaid support for all nursing
facilities.
(22) The assessments on nursing homes enacted by this
Act under the guidelines of P.L. 102-234 are the most
efficient means of raising the federally matchable funds
needed for nursing home care reimbursement.
(23) All intermediate care facilities for persons with
developmental disabilities receive a high degree of
Medicaid support and benefits and therefore have a special
interest in the maintenance of adequate Medicaid support.
(24) The assessments on intermediate care facilities
for persons with developmental disabilities enacted by
this Act under the guidelines of P.L. 102-234 are the most
efficient means of raising the federally matchable funds
needed for reimbursement of providers of intermediate care

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for persons with developmental disabilities.
(Source: P.A. 97-227, eff. 1-1-12.)
Section 655. The Nutrition Outreach and Public Education
Act is amended by changing Section 10 as follows:
(305 ILCS 42/10)
Sec. 10. Definitions. As used in this Act, unless the
context requires otherwise:
"At-risk populations" means populations including but not
limited to families with children receiving aid under Article
IV of the Illinois Public Aid Code, households receiving
federal supplemental security income payments, households with
incomes at or below 185% of the poverty guidelines updated
annually in the Federal Register by the U.S. Department of
Health and Human Services under authority of Section 673(2) of
the Omnibus Budget Reconciliation Act of 1981, recipients of
emergency food, elderly persons or persons with disabilities or
disabled persons, homeless persons, unemployed persons, and
families and persons residing in rural households who are at
risk of nutritional deficiencies.
"Secretary" means the Secretary of Human Services.
"Food assistance programs" means programs including but
not limited to the food stamp program, school breakfast and
lunch programs, child care food programs, summer food service
programs, the special supplemental programs for women, infants

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and children, congregate meal programs, and home-delivered
meal programs.
"High-risk area" means any county or urban area where a
significant percentage or number of those potentially eligible
for food assistance programs are not participating in such
programs.
(Source: P.A. 93-555, eff. 1-1-04.)
Section 660. The Housing Authorities Act is amended by
changing Section 8.15 as follows:
(310 ILCS 10/8.15) (from Ch. 67 1/2, par. 8.15)
Sec. 8.15. A Housing Authority may, subject to written
approval by the Department, acquire by purchase, condemnation
or otherwise any improved or unimproved real property, the
acquisition of which is necessary or appropriate for the
implementation of a conservation plan for a conservation area
as defined in this Act; to remove or demolish substandard or
other buildings and structures from the property so acquired;
to hold, improve, mortgage and manage such properties; and to
sell, lease, or exchange such properties, provided that
contracts for repair, improvement or rehabilitation of
existing improvements as may be required by the conservation
plan to be done by the Authority involving in excess of $1,000
shall be let by free and competitive bidding to the lowest
responsible bidder upon such bond and subject to such

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regulations as may be set by the Department and to the written
approval of the Department, and provided further that all new
construction for occupancy and use other than by any municipal
corporation or county or subdivision thereof shall be on land
privately owned.
The acquisition, use or disposition of any real property
must conform to a conservation plan developed and approved as
provided in Section 8.14. In case of the sale or lease of any
real property acquired under a conservation plan, the buyer or
lessee must as a condition of sale or lease agree to improve
and use the property according to the conservation plan, and
such agreement may be made a covenant running with the land,
and on order of the Authority and written approval from the
Department the agreement shall be made a covenant running with
the land. No lease or deed of conveyance either by the
Authority or any subsequent owner shall contain a covenant
running with the land or other provision prohibiting occupancy
of the premises by any person because of race, creed, color,
religion, mental or physical disability handicap, national
origin or sex.
The Authority shall by public notice by publication once a
week for 2 consecutive weeks in a newspaper having general
circulation in the municipality or county prior to the
execution of any contract to sell, lease or otherwise transfer
real property and prior to the delivery of any instrument of
conveyance with respect thereto, invite proposals from and make

HB4049 Enrolled - 1251 - LRB099 03667 KTG 23678 b
available all pertinent information to redevelopers or any
person interested in undertaking to redevelop or rehabilitate a
conservation area, or any part thereof; provided that, in
municipalities or counties in which no newspaper is published,
publication may be made by posting a notice in 3 prominent
places within the municipality or county. The notice shall
contain a description of the conservation area, the details of
the conservation plan relating to the property which the
purchaser shall undertake in writing to carry out, and such
undertakings as the Authority and the Department may deem
necessary to obligate the purchaser, his or her successors and
assigns (1) to use the property for the purposes designated in
the conservation plan, (2) to commence and complete the
improvement, repair, rehabilitation or construction of the
improvements within the periods of time which the Authority
with written approval from the Department fixes as reasonable
and (3) to comply with such other conditions as are necessary
to carry out the purpose of the conservation project.
The Authority may negotiate with any persons for proposals
for the purchase, lease or other transfer of any real property
acquired by it and shall consider all redevelopment and
rehabilitation proposals submitted to it and the financial and
legal ability of the persons making such proposals to carry
them out. The Authority subject to written approval from the
Department, at a public meeting, notice of which shall have
been published in a newspaper of general circulation within the

HB4049 Enrolled - 1252 - LRB099 03667 KTG 23678 b
municipality or county at least 15 but not more than 30 days
prior to such meeting, may accept such proposals as it deems to
be in the public interest and in furtherance of the purposes of
this Act.
All sales or leases of real property shall be made at not
less than fair use value. No sale of real property acquired
pursuant to this section shall be made without the approval of
a majority of the Commissioners of the Authority and written
approval from the Department. No property shall be held for
more than 5 years, after which the property shall be sold to
the highest bidder at public sale. The Authority may employ
competent real estate management firms to manage such
properties as may be required, or the Authority may manage such
properties.
(Source: P.A. 81-1509.)
Section 665. The Illinois Affordable Housing Act is amended
by changing Section 8 as follows:
(310 ILCS 65/8) (from Ch. 67 1/2, par. 1258)
Sec. 8. Uses of Trust Fund.
(a) Subject to annual appropriation to the Funding Agent
and subject to the prior dedication, allocation, transfer and
use of Trust Fund Moneys as provided in Sections 8(b), 8(c) and
9 of this Act, the Trust Fund may be used to make grants,
mortgages, or other loans to acquire, construct, rehabilitate,

HB4049 Enrolled - 1253 - LRB099 03667 KTG 23678 b
develop, operate, insure, and retain affordable single-family
and multi-family housing in this State for low-income and very
low-income households. The majority of monies appropriated to
the Trust Fund in any given year are to be used for affordable
housing for very low-income households. For the fiscal years
2007, 2008, and 2009 only, the Department of Human Services is
authorized to receive appropriations and spend moneys from the
Illinois Affordable Housing Trust Fund for the purpose of
developing and coordinating public and private resources
targeted to meet the affordable housing needs of low-income,
very low-income, and special needs households in the State of
Illinois.
(b) For each fiscal year commencing with fiscal year 1994,
the Program Administrator shall certify from time to time to
the Funding Agent, the Comptroller and the State Treasurer
amounts, up to an aggregate in any fiscal year of $10,000,000,
of Trust Fund Moneys expected to be used or pledged by the
Program Administrator during the fiscal year for the purposes
and uses specified in Sections 8(c) and 9 of this Act. Subject
to annual appropriation, upon receipt of such certification,
the Funding Agent and the Comptroller shall dedicate and the
State Treasurer shall transfer not less often than monthly to
the Program Administrator or its designated payee, without
requisition or further request therefor, all amounts
accumulated in the Trust Fund within the State Treasury and not
already transferred to the Loan Commitment Account prior to the

HB4049 Enrolled - 1254 - LRB099 03667 KTG 23678 b
Funding Agent's receipt of such certification, until the
Program Administrator has received the aggregate amount
certified by the Program Administrator, to be used solely for
the purposes and uses authorized and provided in Sections 8(c)
and 9 of this Act. Neither the Comptroller nor the Treasurer
shall transfer, dedicate or allocate any of the Trust Fund
Moneys transferred or certified for transfer by the Program
Administrator as provided above to any other fund, nor shall
the Governor authorize any such transfer, dedication or
allocation, nor shall any of the Trust Fund Moneys so
dedicated, allocated or transferred be used, temporarily or
otherwise, for interfund borrowing, or be otherwise used or
appropriated, except as expressly authorized and provided in
Sections 8(c) and 9 of this Act for the purposes and subject to
the priorities, limitations and conditions provided for
therein until such obligations, uses and dedications as therein
provided, have been satisfied.
(c) Notwithstanding Section 5(b) of this Act, any Trust
Fund Moneys transferred to the Program Administrator pursuant
to Section 8(b) of this Act, or otherwise obtained, paid to or
held by or for the Program Administrator, or pledged pursuant
to resolution of the Program Administrator, for Affordable
Housing Program Trust Fund Bonds or Notes under the Illinois
Housing Development Act, and all proceeds, payments and
receipts from investments or use of such moneys, including any
residual or additional funds or moneys generated or obtained in

HB4049 Enrolled - 1255 - LRB099 03667 KTG 23678 b
connection with any of the foregoing, may be held, pledged,
applied or dedicated by the Program Administrator as follows:
(1) as required by the terms of any pledge of or
resolution of the Program Administrator authorized under
Section 9 of this Act in connection with Affordable Housing
Program Trust Fund Bonds or Notes issued pursuant to the
Illinois Housing Development Act;
(2) to or for costs of issuance and administration and
the payments of any principal, interest, premium or other
amounts or expenses incurred or accrued in connection with
Affordable Housing Program Trust Fund Bonds or Notes,
including rate protection contracts and credit support
arrangements pertaining thereto, and, provided such
expenses, fees and charges are obligations, whether
recourse or nonrecourse, and whether financed with or paid
from the proceeds of Affordable Housing Program Trust Fund
Bonds or Notes, of the developers, mortgagors or other
users, the Program Administrator's expenses and servicing,
administration and origination fees and charges in
connection with any loans, mortgages, or developments
funded or financed or expected to be funded or financed, in
whole or in part, from the issuance of Affordable Housing
Program Trust Fund Bonds or Notes;
(3) to or for costs of issuance and administration and
the payments of principal, interest, premium, loan fees,
and other amounts or other obligations of the Program

HB4049 Enrolled - 1256 - LRB099 03667 KTG 23678 b
Administrator, including rate protection contracts and
credit support arrangements pertaining thereto, for loans,
commercial paper or other notes or bonds issued by the
Program Administrator pursuant to the Illinois Housing
Development Act, provided that the proceeds of such loans,
commercial paper or other notes or bonds are paid or
expended in connection with, or refund or repay, loans,
commercial paper or other notes or bonds issued or made in
connection with bridge loans or loans for the construction,
renovation, redevelopment, restructuring, reorganization
of Affordable Housing and related expenses, including
development costs, technical assistance, or other amounts
to construct, preserve, improve, renovate, rehabilitate,
refinance, or assist Affordable Housing, including
financially troubled Affordable Housing, permanent or
other financing for which has been funded or financed or is
expected to be funded or financed in whole or in part by
the Program Administrator through the issuance of or use of
proceeds from Affordable Housing Program Trust Fund Bonds
or Notes;
(4) to or for direct expenditures or reimbursement for
development costs, technical assistance, or other amounts
to construct, preserve, improve, renovate, rehabilitate,
refinance, or assist Affordable Housing, including
financially troubled Affordable Housing, permanent or
other financing for which has been funded or financed or is

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expected to be funded or financed in whole or in part by
the Program Administrator through the issuance of or use of
proceeds from Affordable Housing Program Trust Fund Bonds
or Notes; and
(5) for deposit into any residual, sinking, reserve or
revolving fund or pool established by the Program
Administrator, whether or not pledged to secure Affordable
Housing Program Trust Fund Bonds or Notes, to support or be
utilized for the issuance, redemption, or payment of the
principal, interest, premium or other amounts payable on or
with respect to any existing, additional or future
Affordable Housing Program Trust Fund Bonds or Notes, or to
or for any other expenditure authorized by this Section
8(c).
(d) All or a portion of the Trust Fund Moneys on deposit or
to be deposited in the Trust Fund not already certified for
transfer or transferred to the Program Administrator pursuant
to Section 8(b) of this Act may be used to secure the repayment
of Affordable Housing Program Trust Fund Bonds or Notes, or
otherwise to supplement or support Affordable Housing funded or
financed or intended to be funded or financed, in whole or in
part, by Affordable Housing Program Trust Fund Bonds or Notes.
(e) Assisted housing may include housing for special needs
populations such as the homeless, single-parent families, the
elderly, or persons with disabilities the physically and
mentally disabled. The Trust Fund shall be used to implement a

HB4049 Enrolled - 1258 - LRB099 03667 KTG 23678 b
demonstration congregate housing project for any such special
needs population.
(f) Grants from the Trust Fund may include, but are not
limited to, rental assistance and security deposit subsidies
for low and very low-income households.
(g) The Trust Fund may be used to pay actual and reasonable
costs for Commission members to attend Commission meetings, and
any litigation costs and expenses, including legal fees,
incurred by the Program Administrator in any litigation related
to this Act or its action as Program Administrator.
(h) The Trust Fund may be used to make grants for (1) the
provision of technical assistance, (2) outreach, and (3)
building an organization's capacity to develop affordable
housing projects.
(i) Amounts on deposit in the Trust Fund may be used to
reimburse the Program Administrator and the Funding Agent for
costs incurred in the performance of their duties under this
Act, excluding costs and fees of the Program Administrator
associated with the Program Escrow to the extent withheld
pursuant to paragraph (8) of subsection (b) of Section 5.
(Source: P.A. 94-839, eff. 6-6-06; 95-707, eff. 1-11-08;
95-744, eff. 7-18-08.)
Section 670. The Subsidized Housing Joint Occupancy Act is
amended by changing Sections 2, 3, and 4 as follows:

HB4049 Enrolled - 1259 - LRB099 03667 KTG 23678 b
(310 ILCS 75/2) (from Ch. 67 1/2, par. 1352)
Sec. 2. Legislative findings. The General Assembly makes
the following findings:
(1) Elderly persons and persons with disabilities and
handicapped persons frequently desire to share a residence (i)
to maximize the effectiveness of the portion of their often
limited incomes that is spent for housing; (ii) for protection;
and (iii) for assistance in performing necessary daily tasks of
life such as cooking and cleaning.
(2) Many elderly persons and persons with disabilities and
handicapped persons desire to live in federally subsidized
housing units because of their limited incomes.
(3) Rules of the federal Department of Housing and Urban
Development permit 2 or more unrelated elderly persons or
persons with disabilities or handicapped persons to occupy the
same unit in federally subsidized housing, although local
housing authorities frequently do not permit those persons to
occupy the same unit.
(4) The State of Illinois should do all it can to assist
its elderly persons and persons with disabilities and
handicapped persons in maximizing the effectiveness of their
incomes and to insure that those citizens are not unnecessarily
burdened in accomplishing the daily tasks of life.
(Source: P.A. 87-243.)
(310 ILCS 75/3) (from Ch. 67 1/2, par. 1353)

HB4049 Enrolled - 1260 - LRB099 03667 KTG 23678 b
Sec. 3. Definitions. As used in this Act, unless the
context clearly requires otherwise:
"Elderly person" means a person 62 years of age or older.
"Person with a disability Handicapped person" means a
person having a physical or mental impairment that:
(1) is expected to be of long-continued and indefinite
duration,
(2) substantially impedes the person's ability to live
independently, and
(3) is of such a nature that this ability could be
improved by more suitable housing conditions.
"Subsidized housing" means any housing or unit of housing
financed by a loan or mortgage held by the Illinois Housing
Development Authority, a local housing authority, or the
federal Department of Housing and Urban Development ("HUD")
under one of the following circumstances:
(1) Insured or held by HUD under Section 221(d)(3) of
the National Housing Act and assisted under Section 101 of
the Housing and Urban Development Act of 1965 or Section 8
of the United States Housing Act of 1937.
(2) Insured or held by HUD and bears interest at a rate
determined under the proviso of Section 221(d)(3) of the
National Housing Act.
(3) Insured, assisted, or held by HUD under Section 202
or 236 of the National Housing Act.
(4) Insured or held by HUD under Section 514 or 515 of

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the Housing Act of 1949.
(5) Insured or held by HUD under the United States
Housing Act of 1937.
(6) Held by HUD and formerly insured under a program
listed in paragraph (1), (2), (3), (4), or (5).
(Source: P.A. 87-243.)
(310 ILCS 75/4) (from Ch. 67 1/2, par. 1354)
Sec. 4. Joint occupancy of subsidized housing. Two elderly
persons or two persons with disabilities or handicapped persons
who are not related to each other by blood or marriage shall
not be prohibited from jointly occupying subsidized housing or
a unit of subsidized housing solely because they are not
related, provided they have filed a form for such joint
occupation with the clerk of the county in which the housing
they seek to occupy is located and otherwise meet all other
eligibility requirements. A member of the joint occupancy may
withdraw from the joint occupancy at any time.
(Source: P.A. 87-243.)
Section 675. The Accessible Housing Demonstration Grant
Program Act is amended by changing Sections 10 and 20 as
follows:
(310 ILCS 95/10)
Sec. 10. Accessibility demonstration grant program.

HB4049 Enrolled - 1262 - LRB099 03667 KTG 23678 b
Subject to appropriation for this purpose, the Authority shall
establish a demonstration grant program to encourage the
building of spec homes that are accessible to persons with
disabilities the disabled. Through the program the Authority
shall provide grants to builders who build spec homes meeting
the basic access standards described in Section 15. The goal of
the demonstration program shall be that at least 10% of all new
spec homes within a development participating in the
demonstration grant program for which construction begins 6 or
more months after the effective date of this Act meet the
minimum standards for basic access as described in Section 15.
Builders who wish to participate in the demonstration grant
program shall submit a grant application to the Authority in
accordance with rules promulgated by the Authority. The
Authority shall prescribe by rule standards and procedures for
the provision of demonstration grant funds in relation to each
grant application.
(Source: P.A. 91-451, eff. 8-6-99.)
(310 ILCS 95/20)
Sec. 20. Task Force on Housing Accessibility. There is
created a Task Force on Housing Accessibility. The Task Force
shall consist of 7 members who shall be appointed by the
Governor as follows: the executive vice president of the
Illinois Association of Realtors or his or her designee, the
executive vice president of the Home Builders Association of

HB4049 Enrolled - 1263 - LRB099 03667 KTG 23678 b
Illinois or his or her designee, an architect with expertise
and experience in designing accessible housing for persons with
disabilities, a senior citizen, a person with disabilities, a
representative from the Attorney General's Office, and the
Director of the Authority or his or her designee. The terms of
the Task Force members shall last 4 years and shall begin 60
days after the effective date of this Act, or as soon
thereafter as all members of the Board have been appointed. At
the expiration of the term of each Task Force member, and of
each succeeding Task Force member, or in the event of a
vacancy, the Governor shall appoint a Task Force member to hold
office, in the case of a vacancy, for the unexpired term, or in
the case of expiration, for a term of 4 years or until a
successor is appointed by the Governor. The members shall
receive no compensation for their services on the Task Force
but shall be reimbursed by the Authority for any ordinary and
necessary expenses incurred in the performance of their duties.
The Task Force shall provide recommendations to builders
regarding the types of accommodations needed in new housing
stock for persons with disabilities disabled persons. The
recommendations shall include provisions on how to build homes
that will retain their resale and aesthetic value.
(Source: P.A. 91-451, eff. 8-6-99.)
Section 680. The Prevention of Unnecessary
Institutionalization Act is amended by changing Section 25 as

HB4049 Enrolled - 1264 - LRB099 03667 KTG 23678 b
follows:
(310 ILCS 100/25)
Sec. 25. Eligibility. Persons age 60 or over and adults and
children with disabilities shall be eligible for grants or
loans or both under the Program established by this Act if they
have one or more verifiable impairments that substantially
limits one or more of life's major activities for which some
modification of their dwelling or assistive technology
devices, or both, are required which they are unable to afford
because of limited resources. Preference shall be given to
applicants who: (1) are at imminent risk of
institutionalization or who are already in an institutional
setting but are ready to return to the community and who would
be able to live in the community if modifications are made or
they have the needed assistive technology devices, (2) have
inadequate resources or no current access to resources as a
result of the geographic location of their dwelling, the lack
of other available State or federal funds such as the Community
Development Block Grant or rural housing assistance programs or
income limitations such as the inability to qualify for a
low-interest loan, or (3) have access to other resources, but
those resources are insufficient to complete the necessary
modifications or acquire the needed assistive technology
devices. Adults under 60 years of age with disabilities and
children with disabilities shall receive services under the

HB4049 Enrolled - 1265 - LRB099 03667 KTG 23678 b
component of the Program administered by the Department of
Human Services. An adult 60 years of age or older may elect to
receive services under the component administered by the
Department of Human Services if, at the time he or she reached
age 60, he or she was already receiving Home Services under
subsection (f) of Section 3 of the Rehabilitation of Persons
with Disabilities Disabled Persons Rehabilitation Act or he or
she was already receiving services under the component of the
Program administered by the Department of Human Services. All
other adults 60 years of age or older receiving services under
the Program shall receive services under the component
administered by the Department on Aging.
(Source: P.A. 92-122, eff. 7-20-01.)
Section 685. The Blighted Areas Redevelopment Act of 1947
is amended by changing Section 20 as follows:
(315 ILCS 5/20) (from Ch. 67 1/2, par. 82)
Sec. 20. The sale of any real property by a Land Clearance
Commission where required to be made for a monetary
consideration, except public sales as provided in the last
paragraph of Section 19, shall be subject to the approval of
the Department and the governing body of the municipality in
which the real property is located.
All deeds of conveyances shall be executed in the name of
the Land Clearance Commission by the Chairman and Secretary of

HB4049 Enrolled - 1266 - LRB099 03667 KTG 23678 b
the Commission and the seal of the Commission shall be attached
thereto. Any deed of conveyance by the Commission may provide
such restrictions as are required by the plan for redevelopment
and the building and zoning ordinances, but no deed of
conveyance either by the Commission or any subsequent owner
shall contain a covenant running with the land or other
provision prohibiting occupancy of the premises by any person
because of race, creed, color, religion, physical or mental
disability handicap, national origin or sex.
(Source: P.A. 81-1509.)
Section 690. The Urban Community Conservation Act is
amended by changing Section 6 as follows:
(315 ILCS 25/6) (from Ch. 67 1/2, par. 91.13)
Sec. 6. Real property necessary or appropriate for the
conservation of urban residential areas-Acquisition, use and
disposition.) The Conservation Board of a municipality shall
have the power to acquire by purchase, condemnation or
otherwise any improved or unimproved real property the
acquisition of which is necessary or appropriate for the
implementation of a conservation plan for a Conservation Area
as defined herein; to remove or demolish substandard or other
buildings and structures from the property so acquired; to
hold, improve, mortgage and manage such properties; and to
sell, lease, or exchange such properties, provided that

HB4049 Enrolled - 1267 - LRB099 03667 KTG 23678 b
contracts for repair, improvement or rehabilitation of
existing improvements as may be required by the Conservation
Plan to be done by the Board involving in excess of $1,000.00
shall be let by free and competitive bidding to the lowest
responsible bidder upon such bond and subject to such
regulations as may be set by the Board, and provided further
that all new construction for occupancy and use other than by
any municipal corporation or subdivision thereof shall be on
land privately owned. The acquisition, use, or disposition of
any real property in pursuance of this section must conform to
a conservation plan developed in the manner hereinafter set
forth. In case of the sale or lease of any real property
acquired under the provisions of this Act such buyer or lessee
must as a condition of sale or lease, agree to improve and use
such property according to the conservation plan, and such
agreement may be made a covenant running with the land and on
order of the governing body such agreement shall be made a
covenant running with the land. No lease or deed of conveyance
either by the Board or any subsequent owner shall contain a
covenant running with the land or other provision prohibiting
occupancy of the premises by any person because of race, creed,
color, religion, physical or mental disability handicap, sex or
national origin. The Conservation Board shall by public notice
by publication once each week for 2 consecutive weeks in a
newspaper having general circulation in the municipality prior
to the execution of any contract to sell, lease or otherwise

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transfer real property and prior to the delivery of any
instrument of conveyance with respect thereto, invite
proposals from and make available all pertinent information to
redevelopers or any person interested in undertaking to
redevelop or rehabilitate a Conservation Area, or any part
thereof, provided that, in municipalities in which no newspaper
is published, publication may be made by posting a notice in 3
prominent places within the municipality. Such notice shall
contain a description of the Conservation Area, the details of
the conservation plan relating to the property which the
purchaser shall undertake in writing to carry out and such
undertakings as the Board may deem necessary to obligate the
purchaser, his or her successors and assigns (1) to use the
property for the purposes designated in the Conservation Plan,
(2) to commence and complete the improvement, repair,
rehabilitation or construction of the improvements within the
periods of time which the Board fixes as reasonable and (3) to
comply with such other conditions as are necessary to carry out
the purposes of the Act. The Conservation Board may negotiate
with any persons for proposals for the purchase, lease or other
transfer of any real property acquired pursuant to this Act and
shall consider all redevelopment and rehabilitation proposals
submitted to it and the financial and legal ability of the
persons making such proposals to carry them out. The
Conservation Board, as agent for the Municipality, at a public
meeting, notice of which shall have been published in a

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newspaper of general circulation within the municipality at
least 15 but not more than 30 days prior to such meeting, may
accept such proposals as it deems to be in the public interest
and in furtherance of the purposes of this Act; provided that,
all sales or leases of real property shall be made at not less
than fair use value. No sale of real property acquired pursuant
to this section shall be made without the approval of a
majority of the governing body. The disposition of real
property acquired pursuant to this section shall be exempt from
the requirements of Sections 11-76-1 and 11-76-2 of the
Illinois Municipal Code, as heretofore and hereafter amended.
All deeds of conveyance of real property acquired pursuant to
this section shall be executed as provided in Section 11-76-3
of the Illinois Municipal Code, as heretofore and hereafter
amended. No property shall be held for more than 5 years, after
which period such property shall be sold to the highest bidder
at public sale. The Board may employ competent private real
estate management firms to manage such properties as may be
acquired, or the Board may manage such properties.
(Source: P.A. 80-341.)
Section 695. The Urban Renewal Consolidation Act of 1961 is
amended by changing Section 26 as follows:
(315 ILCS 30/26) (from Ch. 67 1/2, par. 91.126)
Sec. 26. The sale of any real property by a Department

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where required to be made for a monetary consideration except
public sales of real property not sold within the 5-year period
as provided in Section 18, shall be subject to the approval of
the governing body of the municipality in which the real
property is located; provided, however, that no new or
additional approval of a sale by the governing body shall be
required in any case where a sale by a land clearance
commission has heretofore been approved by the State Housing
Board and the governing body pursuant to the "Blighted Areas
Redevelopment Act of 1947," approved July 2, 1947, as amended.
The disposition of real property acquired pursuant to the
provisions of this Act shall be exempt from the requirements of
Sections 11-76-1 and 11-76-2 of the "Illinois Municipal Code",
approved May 29, 1961, as heretofore and hereafter amended. All
deeds of conveyances of real property shall be executed as
provided in Section 11-76-3 of said Illinois Municipal Code.
Any deed of conveyance may provide such restrictions as are
required by the plan for development or conservation plan and
the building and zoning ordinances, but no deed of conveyance
or lease either by the municipality or any subsequent owner
shall contain a covenant running with the land or other
provisions prohibiting occupancy of the premises by any person
because of race, creed, color, religion, physical or mental
disability handicap, national origin or sex.
(Source: P.A. 80-342.)

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Section 700. The Respite Program Act is amended by changing
the title of the Act and Sections 1.5, 2, 3, 5, and 11 as
follows:
(320 ILCS 10/Act title)
An Act to create the Respite Program which gives families
relief from their responsibilities of caring for frail adults
and adults with disabilities and disabled adults.
(320 ILCS 10/1.5) (from Ch. 23, par. 6201.5)
Sec. 1.5. Purpose. It is hereby found and determined by
the General Assembly that respite care provides relief and
support to the primary care-giver of a frail adult or an adult
with a disability or disabled adult and provides a break for
the caregiver from the continuous responsibilities of
care-giving. Without this support, the primary care-giver's
ability to continue in his or her role would be jeopardized;
thereby increasing the risk of institutionalization of the
frail adult or adult with a disability or disabled adult.
By providing respite care through intermittent planned or
emergency relief to the care-giver during the regular week-day,
evening, and weekend hours, both the special physical and
psychological needs of the primary care-giver and the frail
adult or adult with a disability or disabled adult, who is the
recipient of continuous care, shall be met reducing or
preventing the need for institutionalization.

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Furthermore, the primary care-giver providing continuous
care is frequently under substantial financial stress. Respite
care and other supportive services sustain and preserve the
primary care-giver and family caregiving unit. It is the intent
of the General Assembly that this Act ensure that Illinois
primary care-givers of frail adults or adults with disabilities
or disabled adults have access to affordable, appropriate
in-home respite care services.
(Source: P.A. 93-864, eff. 8-5-04.)
(320 ILCS 10/2) (from Ch. 23, par. 6202)
Sec. 2. Definitions. As used in this Act:
(1) "Respite care" means the provision of intermittent and
temporary substitute care or supervision of frail adults or
adults with disabilities or disabled adults on behalf of and in
the absence of the primary care-giver, for the purpose of
providing relief from the stress or responsibilities
concomitant with providing constant care, so as to enable the
care-giver to continue the provision of care in the home.
Respite care should be available to sustain the care-giver
throughout the period of care-giving, which can vary from
several months to a number of years. Respite care can be
provided in the home, in a day care setting during the day,
overnight, in a substitute residential setting such as a
long-term care facility required to be licensed under the
Nursing Home Care Act or the Assisted Living and Shared Housing

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Act, or for more extended periods of time on a temporary basis.
(1.5) "In-home respite care" means care provided by an
appropriately trained paid worker providing short-term
intermittent care, supervision, or companionship to the frail
adult or adult with a disability or disabled adult in the home
while relieving the care-giver, by permitting a short-term
break from the care-giver's care-giving role. This support may
contribute to the delay, reduction, and prevention of
institutionalization by enabling the care-giver to continue in
his or her care-giving role. In-home respite care should be
flexible and available in a manner that is responsive to the
needs of the care-giver. This may consist of evening respite
care services that are available from 6:00 p.m. to 8:00 a.m.
Monday through Friday and weekend respite care services from
6:00 p.m. Friday to 8:00 a.m. Monday.
(2) "Care-giver" shall mean the family member or other
natural person who normally provides the daily care or
supervision of a frail adult or an adult with a disability or
disabled adult. Such care-giver may, but need not, reside in
the same household as the frail adult or adult with a
disability or disabled adult.
(3) (Blank).
(4) (Blank).
(5) (Blank).
(6) "Department" shall mean the Department on Aging.
(7) (Blank).

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(8) "Frail adult or adult with a disability or disabled
adult" shall mean any person who is 60 years of age or older
and who either (i) suffers from Alzheimer's disease or a
related disorder or (ii) is unable to attend to his or her
daily needs without the assistance or regular supervision of a
care-giver due to mental or physical impairment and who is
otherwise eligible for services on the basis of his or her
level of impairment.
(9) "Emergency respite care" means the immediate placement
of a trained, in-home respite care worker in the home during an
emergency or unplanned event, or during a temporary placement
outside the home, to substitute for the care-giver. Emergency
respite care may be provided on one or more occasions unless an
extension is deemed necessary by the case coordination unit or
by another agency designated by the Department and area
agencies on aging to conduct needs assessments for respite care
services. When there is an urgent need for emergency respite
care, procedures to accommodate this need must be determined.
An emergency is:
(a) An unplanned event that results in the immediate
and unavoidable absence of the care-giver from the home in
an excess of 4 hours at a time when no other qualified
care-giver is available.
(b) An unplanned situation that prevents the
care-giver from providing the care required by a frail
adult or an adult with a disability or disabled adult

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living at home.
(c) An unplanned event that threatens the health and
safety of the frail adult or adult with a disability or
disabled adult.
(d) An unplanned event that threatens the health and
safety of the care-giver thereby placing the frail adult or
adult with a disability or disabled adult in danger.
(10) (Blank).
(Source: P.A. 92-16, eff. 6-28-01; 93-864, eff. 8-5-04.)
(320 ILCS 10/3) (from Ch. 23, par. 6203)
Sec. 3. Respite Program. The Director is hereby authorized
to administer a program of assistance to persons in need and to
deter the institutionalization of frail adults or adults with
disabilities or disabled adults.
(Source: P.A. 93-864, eff. 8-5-04.)
(320 ILCS 10/5) (from Ch. 23, par. 6205)
Sec. 5. Eligibility. The Department may establish
eligibility standards for respite services taking into
consideration the unique economic and social needs of the
population for whom they are to be provided. The population
identified for the purposes of this Act includes persons
suffering from Alzheimer's disease or a related disorder and
persons who are 60 years of age or older with an identified
service need. Priority shall be given in all cases to frail

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adults or adults with disabilities or disabled adults.
(Source: P.A. 93-864, eff. 8-5-04.)
(320 ILCS 10/11) (from Ch. 23, par. 6211)
Sec. 11. Respite Care Worker Training.
(a) A respite care worker shall be an appropriately trained
individual whose duty it is to provide in-home supervision and
assistance to a frail adult or an adult with a disability or
disabled adult in order to allow the care-giver a break from
his or her continuous care-giving responsibilities.
(b) The Director may prescribe minimum training guidelines
for respite care workers to ensure that the special needs of
persons receiving services under this Act and their caregivers
will be met. The Director may designate Alzheimer's disease
associations and community agencies to conduct such training.
Nothing in this Act should be construed to exempt any
individual providing a service subject to licensure or
certification under State law from these requirements.
(Source: P.A. 93-864, eff. 8-5-04.)
Section 705. The Adult Protective Services Act is amended
by changing Sections 3.5, 8, 9.5, and 15.5 as follows:
(320 ILCS 20/3.5)
Sec. 3.5. Other responsibilities. The Department shall
also be responsible for the following activities, contingent

HB4049 Enrolled - 1277 - LRB099 03667 KTG 23678 b
upon adequate funding; implementation shall be expanded to
adults with disabilities upon the effective date of this
amendatory Act of the 98th General Assembly, except those
responsibilities under subsection (a), which shall be
undertaken as soon as practicable:
(a) promotion of a wide range of endeavors for the
purpose of preventing abuse, neglect, financial
exploitation, and self-neglect, including, but not limited
to, promotion of public and professional education to
increase awareness of abuse, neglect, financial
exploitation, and self-neglect; to increase reports; to
establish access to and use of the Registry established
under Section 7.5; and to improve response by various
legal, financial, social, and health systems;
(b) coordination of efforts with other agencies,
councils, and like entities, to include but not be limited
to, the Administrative Office of the Illinois Courts, the
Office of the Attorney General, the State Police, the
Illinois Law Enforcement Training Standards Board, the
State Triad, the Illinois Criminal Justice Information
Authority, the Departments of Public Health, Healthcare
and Family Services, and Human Services, the Illinois
Guardianship and Advocacy Commission, the Family Violence
Coordinating Council, the Illinois Violence Prevention
Authority, and other entities which may impact awareness
of, and response to, abuse, neglect, financial

HB4049 Enrolled - 1278 - LRB099 03667 KTG 23678 b
exploitation, and self-neglect;
(c) collection and analysis of data;
(d) monitoring of the performance of regional
administrative agencies and adult protective services
agencies;
(e) promotion of prevention activities;
(f) establishing and coordinating an aggressive
training program on the unique nature of adult abuse cases
with other agencies, councils, and like entities, to
include but not be limited to the Office of the Attorney
General, the State Police, the Illinois Law Enforcement
Training Standards Board, the State Triad, the Illinois
Criminal Justice Information Authority, the State
Departments of Public Health, Healthcare and Family
Services, and Human Services, the Family Violence
Coordinating Council, the Illinois Violence Prevention
Authority, the agency designated by the Governor under
Section 1 of the Protection and Advocacy for Persons with
Developmental Disabilities Developmentally Disabled
Persons Act, and other entities that may impact awareness
of and response to abuse, neglect, financial exploitation,
and self-neglect;
(g) solicitation of financial institutions for the
purpose of making information available to the general
public warning of financial exploitation of adults and
related financial fraud or abuse, including such

HB4049 Enrolled - 1279 - LRB099 03667 KTG 23678 b
information and warnings available through signage or
other written materials provided by the Department on the
premises of such financial institutions, provided that the
manner of displaying or distributing such information is
subject to the sole discretion of each financial
institution;
(g-1) developing by joint rulemaking with the
Department of Financial and Professional Regulation
minimum training standards which shall be used by financial
institutions for their current and new employees with
direct customer contact; the Department of Financial and
Professional Regulation shall retain sole visitation and
enforcement authority under this subsection (g-1); the
Department of Financial and Professional Regulation shall
provide bi-annual reports to the Department setting forth
aggregate statistics on the training programs required
under this subsection (g-1); and
(h) coordinating efforts with utility and electric
companies to send notices in utility bills to explain to
persons 60 years of age or older their rights regarding
telemarketing and home repair fraud.
(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14.)
(320 ILCS 20/8) (from Ch. 23, par. 6608)
Sec. 8. Access to records. All records concerning reports
of abuse, neglect, financial exploitation, or self-neglect and

HB4049 Enrolled - 1280 - LRB099 03667 KTG 23678 b
all records generated as a result of such reports shall be
confidential and shall not be disclosed except as specifically
authorized by this Act or other applicable law. In accord with
established law and Department protocols, procedures, and
policies, access to such records, but not access to the
identity of the person or persons making a report of alleged
abuse, neglect, financial exploitation, or self-neglect as
contained in such records, shall be provided, upon request, to
the following persons and for the following persons:
(1) Department staff, provider agency staff, other
aging network staff, and regional administrative agency
staff, including staff of the Chicago Department on Aging
while that agency is designated as a regional
administrative agency, in the furtherance of their
responsibilities under this Act;
(2) A law enforcement agency investigating known or
suspected abuse, neglect, financial exploitation, or
self-neglect. Where a provider agency has reason to believe
that the death of an eligible adult may be the result of
abuse or neglect, including any reports made after death,
the agency shall immediately provide the appropriate law
enforcement agency with all records pertaining to the
eligible adult;
(2.5) A law enforcement agency, fire department
agency, or fire protection district having proper
jurisdiction pursuant to a written agreement between a

HB4049 Enrolled - 1281 - LRB099 03667 KTG 23678 b
provider agency and the law enforcement agency, fire
department agency, or fire protection district under which
the provider agency may furnish to the law enforcement
agency, fire department agency, or fire protection
district a list of all eligible adults who may be at
imminent risk of abuse, neglect, financial exploitation,
or self-neglect;
(3) A physician who has before him or her or who is
involved in the treatment of an eligible adult whom he or
she reasonably suspects may be abused, neglected,
financially exploited, or self-neglected or who has been
referred to the Adult Protective Services Program;
(4) An eligible adult reported to be abused, neglected,
financially exploited, or self-neglected, or such adult's
authorized guardian or agent, unless such guardian or agent
is the abuser or the alleged abuser;
(4.5) An executor or administrator of the estate of an
eligible adult who is deceased;
(5) In cases regarding abuse, neglect, or financial
exploitation, a court or a guardian ad litem, upon its or
his or her finding that access to such records may be
necessary for the determination of an issue before the
court. However, such access shall be limited to an in
camera inspection of the records, unless the court
determines that disclosure of the information contained
therein is necessary for the resolution of an issue then

HB4049 Enrolled - 1282 - LRB099 03667 KTG 23678 b
pending before it;
(5.5) In cases regarding self-neglect, a guardian ad
litem;
(6) A grand jury, upon its determination that access to
such records is necessary in the conduct of its official
business;
(7) Any person authorized by the Director, in writing,
for audit or bona fide research purposes;
(8) A coroner or medical examiner who has reason to
believe that an eligible adult has died as the result of
abuse, neglect, financial exploitation, or self-neglect.
The provider agency shall immediately provide the coroner
or medical examiner with all records pertaining to the
eligible adult;
(8.5) A coroner or medical examiner having proper
jurisdiction, pursuant to a written agreement between a
provider agency and the coroner or medical examiner, under
which the provider agency may furnish to the office of the
coroner or medical examiner a list of all eligible adults
who may be at imminent risk of death as a result of abuse,
neglect, financial exploitation, or self-neglect;
(9) Department of Financial and Professional
Regulation staff and members of the Illinois Medical
Disciplinary Board or the Social Work Examining and
Disciplinary Board in the course of investigating alleged
violations of the Clinical Social Work and Social Work

HB4049 Enrolled - 1283 - LRB099 03667 KTG 23678 b
Practice Act by provider agency staff or other licensing
bodies at the discretion of the Director of the Department
on Aging;
(9-a) Department of Healthcare and Family Services
staff when that Department is funding services to the
eligible adult, including access to the identity of the
eligible adult;
(9-b) Department of Human Services staff when that
Department is funding services to the eligible adult or is
providing reimbursement for services provided by the
abuser or alleged abuser, including access to the identity
of the eligible adult;
(10) Hearing officers in the course of conducting an
administrative hearing under this Act; parties to such
hearing shall be entitled to discovery as established by
rule;
(11) A caregiver who challenges placement on the
Registry shall be given the statement of allegations in the
abuse report and the substantiation decision in the final
investigative report; and
(12) The Illinois Guardianship and Advocacy Commission
and the agency designated by the Governor under Section 1
of the Protection and Advocacy for Persons with
Developmental Disabilities Developmentally Disabled
Persons Act shall have access, through the Department, to
records, including the findings, pertaining to a completed

HB4049 Enrolled - 1284 - LRB099 03667 KTG 23678 b
or closed investigation of a report of suspected abuse,
neglect, financial exploitation, or self-neglect of an
eligible adult.
(Source: P.A. 97-864, eff. 1-1-13; 98-49, eff. 7-1-13; 98-1039,
eff. 8-25-14.)
(320 ILCS 20/9.5)
Sec. 9.5. Commencement of action for ex parte authorization
orders; filing fees; process.
(a) Actions for ex parte authorization orders are
commenced:
(1) independently, by filing a petition for an ex parte
authorization order in the circuit court;
(2) in conjunction with other civil proceedings, by
filing a petition for an ex parte authorization order under
the same case number as a guardianship proceeding under the
Probate Act of 1975 where the eligible adult is the alleged
adult with a disability disabled adult.
(b) No fee shall be charged by the clerk for filing
petitions or certifying orders. No fee shall be charged by a
sheriff for service by the sheriff of a petition, rule, motion,
or order in an action commenced under this Section.
(c) Any action for an ex parte authorization order
commenced independently is a distinct cause of action and
requires that a separate summons be issued and served. Service
of summons is not required prior to entry of emergency ex parte

HB4049 Enrolled - 1285 - LRB099 03667 KTG 23678 b
authorization orders.
(d) Summons may be served by a private person over 18 years
of age and not a party to the action. The return by that
private person shall be by affidavit. The summons may be served
by a sheriff or other law enforcement officer, and if summons
is placed for service by the sheriff, it shall be made at the
earliest time practicable and shall take precedence over other
summonses except those of a similar emergency nature.
(Source: P.A. 91-731, eff. 6-2-00.)
(320 ILCS 20/15.5)
Sec. 15.5. Independent monitor. Subject to appropriation,
to ensure the effectiveness and accountability of the adult
protective services system, the agency designated by the
Governor under Section 1 of the Protection and Advocacy for
Persons with Developmental Disabilities Developmentally
Disabled Persons Act shall monitor the system and provide to
the Department review and evaluation of the system in
accordance with administrative rules promulgated by the
Department.
(Source: P.A. 98-49, eff. 7-1-13.)
Section 710. The Senior Citizens and Disabled Persons
Property Tax Relief Act is amended by changing the title of the
Act and Sections 1, 2, 3.14, 4, and 9 as follows:

HB4049 Enrolled - 1286 - LRB099 03667 KTG 23678 b
(320 ILCS 25/Act title)
An Act in relation to the payment of grants to enable the
elderly and persons with disabilities the disabled to acquire
or retain private housing.
(320 ILCS 25/1) (from Ch. 67 1/2, par. 401)
Sec. 1. Short title; common name. This Article shall be
known and may be cited as the Senior Citizens and Persons with
Disabilities Disabled Persons Property Tax Relief Act. Common
references to the "Circuit Breaker Act" mean this Article. As
used in this Article, "this Act" means this Article.
(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
(320 ILCS 25/2) (from Ch. 67 1/2, par. 402)
Sec. 2. Purpose. The purpose of this Act is to provide
incentives to the senior citizens and persons with disabilities
in disabled persons of this State to acquire and retain private
housing of their choice and at the same time to relieve those
citizens from the burdens of extraordinary property taxes
against their increasingly restricted earning power, and
thereby to reduce the requirements for public housing in this
State.
(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)
(320 ILCS 25/3.14) (from Ch. 67 1/2, par. 403.14)
Sec. 3.14. "Person with a disability Disabled person" means

HB4049 Enrolled - 1287 - LRB099 03667 KTG 23678 b
a person unable to engage in any substantial gainful activity
by reason of a medically determinable physical or mental
impairment which can be expected to result in death or has
lasted or can be expected to last for a continuous period of
not less than 12 months. Persons with disabilities Disabled
persons filing claims under this Act shall submit proof of the
disability in such form and manner as the Department shall by
rule and regulation prescribe. Proof that a claimant is
eligible to receive disability benefits under the Federal
Social Security Act shall constitute proof of the disability
for purposes of this Act. Issuance of an Illinois Person with a
Disability Identification Card stating that the claimant is
under a Class 2 disability, as defined in Section 4A of the
Illinois Identification Card Act, shall constitute proof that
the person named thereon is a person with a disability disabled
person for purposes of this Act. A person with a disability
disabled person not covered under the Federal Social Security
Act and not presenting a Disabled Person Identification Card
stating that the claimant is under a Class 2 disability shall
be examined by a physician designated by the Department, and
his status as a person with a disability disabled person
determined using the same standards as used by the Social
Security Administration. The costs of any required examination
shall be borne by the claimant.
(Source: P.A. 97-1064, eff. 1-1-13.)

HB4049 Enrolled - 1288 - LRB099 03667 KTG 23678 b
(320 ILCS 25/4) (from Ch. 67 1/2, par. 404)
Sec. 4. Amount of Grant.
(a) In general. Any individual 65 years or older or any
individual who will become 65 years old during the calendar
year in which a claim is filed, and any surviving spouse of
such a claimant, who at the time of death received or was
entitled to receive a grant pursuant to this Section, which
surviving spouse will become 65 years of age within the 24
months immediately following the death of such claimant and
which surviving spouse but for his or her age is otherwise
qualified to receive a grant pursuant to this Section, and any
person with a disability disabled person whose annual household
income is less than the income eligibility limitation, as
defined in subsection (a-5) and whose household is liable for
payment of property taxes accrued or has paid rent constituting
property taxes accrued and is domiciled in this State at the
time he or she files his or her claim is entitled to claim a
grant under this Act. With respect to claims filed by
individuals who will become 65 years old during the calendar
year in which a claim is filed, the amount of any grant to
which that household is entitled shall be an amount equal to
1/12 of the amount to which the claimant would otherwise be
entitled as provided in this Section, multiplied by the number
of months in which the claimant was 65 in the calendar year in
which the claim is filed.
(a-5) Income eligibility limitation. For purposes of this

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Section, "income eligibility limitation" means an amount for
grant years 2008 and thereafter:
(1) less than $22,218 for a household containing one
person;
(2) less than $29,480 for a household containing 2
persons; or
(3) less than $36,740 for a household containing 3 or
more persons.
For 2009 claim year applications submitted during calendar
year 2010, a household must have annual household income of
less than $27,610 for a household containing one person; less
than $36,635 for a household containing 2 persons; or less than
$45,657 for a household containing 3 or more persons.
The Department on Aging may adopt rules such that on
January 1, 2011, and thereafter, the foregoing household income
eligibility limits may be changed to reflect the annual cost of
living adjustment in Social Security and Supplemental Security
Income benefits that are applicable to the year for which those
benefits are being reported as income on an application.
If a person files as a surviving spouse, then only his or
her income shall be counted in determining his or her household
income.
(b) Limitation. Except as otherwise provided in
subsections (a) and (f) of this Section, the maximum amount of
grant which a claimant is entitled to claim is the amount by
which the property taxes accrued which were paid or payable

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during the last preceding tax year or rent constituting
property taxes accrued upon the claimant's residence for the
last preceding taxable year exceeds 3 1/2% of the claimant's
household income for that year but in no event is the grant to
exceed (i) $700 less 4.5% of household income for that year for
those with a household income of $14,000 or less or (ii) $70 if
household income for that year is more than $14,000.
(c) Public aid recipients. If household income in one or
more months during a year includes cash assistance in excess of
$55 per month from the Department of Healthcare and Family
Services or the Department of Human Services (acting as
successor to the Department of Public Aid under the Department
of Human Services Act) which was determined under regulations
of that Department on a measure of need that included an
allowance for actual rent or property taxes paid by the
recipient of that assistance, the amount of grant to which that
household is entitled, except as otherwise provided in
subsection (a), shall be the product of (1) the maximum amount
computed as specified in subsection (b) of this Section and (2)
the ratio of the number of months in which household income did
not include such cash assistance over $55 to the number twelve.
If household income did not include such cash assistance over
$55 for any months during the year, the amount of the grant to
which the household is entitled shall be the maximum amount
computed as specified in subsection (b) of this Section. For
purposes of this paragraph (c), "cash assistance" does not

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include any amount received under the federal Supplemental
Security Income (SSI) program.
(d) Joint ownership. If title to the residence is held
jointly by the claimant with a person who is not a member of
his or her household, the amount of property taxes accrued used
in computing the amount of grant to which he or she is entitled
shall be the same percentage of property taxes accrued as is
the percentage of ownership held by the claimant in the
residence.
(e) More than one residence. If a claimant has occupied
more than one residence in the taxable year, he or she may
claim only one residence for any part of a month. In the case
of property taxes accrued, he or she shall prorate 1/12 of the
total property taxes accrued on his or her residence to each
month that he or she owned and occupied that residence; and, in
the case of rent constituting property taxes accrued, shall
prorate each month's rent payments to the residence actually
occupied during that month.
(f) (Blank).
(g) Effective January 1, 2006, there is hereby established
a program of pharmaceutical assistance to the aged and to
persons with disabilities disabled, entitled the Illinois
Seniors and Disabled Drug Coverage Program, which shall be
administered by the Department of Healthcare and Family
Services and the Department on Aging in accordance with this
subsection, to consist of coverage of specified prescription

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drugs on behalf of beneficiaries of the program as set forth in
this subsection. Notwithstanding any provisions of this Act to
the contrary, on and after July 1, 2012, pharmaceutical
assistance under this Act shall no longer be provided, and on
July 1, 2012 the Illinois Senior Citizens and Disabled Persons
Pharmaceutical Assistance Program shall terminate. The
following provisions that concern the Illinois Senior Citizens
and Disabled Persons Pharmaceutical Assistance Program shall
continue to apply on and after July 1, 2012 to the extent
necessary to pursue any actions authorized by subsection (d) of
Section 9 of this Act with respect to acts which took place
prior to July 1, 2012.
To become a beneficiary under the program established under
this subsection, a person must:
(1) be (i) 65 years of age or older or (ii) a person
with a disability disabled; and
(2) be domiciled in this State; and
(3) enroll with a qualified Medicare Part D
Prescription Drug Plan if eligible and apply for all
available subsidies under Medicare Part D; and
(4) for the 2006 and 2007 claim years, have a maximum
household income of (i) less than $21,218 for a household
containing one person, (ii) less than $28,480 for a
household containing 2 persons, or (iii) less than $35,740
for a household containing 3 or more persons; and
(5) for the 2008 claim year, have a maximum household

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income of (i) less than $22,218 for a household containing
one person, (ii) $29,480 for a household containing 2
persons, or (iii) $36,740 for a household containing 3 or
more persons; and
(6) for 2009 claim year applications submitted during
calendar year 2010, have annual household income of less
than (i) $27,610 for a household containing one person;
(ii) less than $36,635 for a household containing 2
persons; or (iii) less than $45,657 for a household
containing 3 or more persons; and
(7) as of September 1, 2011, have a maximum household
income at or below 200% of the federal poverty level.
All individuals enrolled as of December 31, 2005, in the
pharmaceutical assistance program operated pursuant to
subsection (f) of this Section and all individuals enrolled as
of December 31, 2005, in the SeniorCare Medicaid waiver program
operated pursuant to Section 5-5.12a of the Illinois Public Aid
Code shall be automatically enrolled in the program established
by this subsection for the first year of operation without the
need for further application, except that they must apply for
Medicare Part D and the Low Income Subsidy under Medicare Part
D. A person enrolled in the pharmaceutical assistance program
operated pursuant to subsection (f) of this Section as of
December 31, 2005, shall not lose eligibility in future years
due only to the fact that they have not reached the age of 65.
To the extent permitted by federal law, the Department may

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act as an authorized representative of a beneficiary in order
to enroll the beneficiary in a Medicare Part D Prescription
Drug Plan if the beneficiary has failed to choose a plan and,
where possible, to enroll beneficiaries in the low-income
subsidy program under Medicare Part D or assist them in
enrolling in that program.
Beneficiaries under the program established under this
subsection shall be divided into the following 4 eligibility
groups:
(A) Eligibility Group 1 shall consist of beneficiaries
who are not eligible for Medicare Part D coverage and who
are:
(i) a person with a disability disabled and under
age 65; or
(ii) age 65 or older, with incomes over 200% of the
Federal Poverty Level; or
(iii) age 65 or older, with incomes at or below
200% of the Federal Poverty Level and not eligible for
federally funded means-tested benefits due to
immigration status.
(B) Eligibility Group 2 shall consist of beneficiaries
who are eligible for Medicare Part D coverage.
(C) Eligibility Group 3 shall consist of beneficiaries
age 65 or older, with incomes at or below 200% of the
Federal Poverty Level, who are not barred from receiving
federally funded means-tested benefits due to immigration

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status and are not eligible for Medicare Part D coverage.
If the State applies and receives federal approval for
a waiver under Title XIX of the Social Security Act,
persons in Eligibility Group 3 shall continue to receive
benefits through the approved waiver, and Eligibility
Group 3 may be expanded to include persons with
disabilities who are disabled persons under age 65 with
incomes under 200% of the Federal Poverty Level who are not
eligible for Medicare and who are not barred from receiving
federally funded means-tested benefits due to immigration
status.
(D) Eligibility Group 4 shall consist of beneficiaries
who are otherwise described in Eligibility Group 2 who have
a diagnosis of HIV or AIDS.
The program established under this subsection shall cover
the cost of covered prescription drugs in excess of the
beneficiary cost-sharing amounts set forth in this paragraph
that are not covered by Medicare. The Department of Healthcare
and Family Services may establish by emergency rule changes in
cost-sharing necessary to conform the cost of the program to
the amounts appropriated for State fiscal year 2012 and future
fiscal years except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 of the Illinois Administrative Procedure Act
shall not apply to rules adopted under this subsection (g). The
adoption of emergency rules authorized by this subsection (g)

HB4049 Enrolled - 1296 - LRB099 03667 KTG 23678 b
shall be deemed to be necessary for the public interest,
safety, and welfare.
For purposes of the program established under this
subsection, the term "covered prescription drug" has the
following meanings:
For Eligibility Group 1, "covered prescription drug"
means: (1) any cardiovascular agent or drug; (2) any
insulin or other prescription drug used in the treatment of
diabetes, including syringe and needles used to administer
the insulin; (3) any prescription drug used in the
treatment of arthritis; (4) any prescription drug used in
the treatment of cancer; (5) any prescription drug used in
the treatment of Alzheimer's disease; (6) any prescription
drug used in the treatment of Parkinson's disease; (7) any
prescription drug used in the treatment of glaucoma; (8)
any prescription drug used in the treatment of lung disease
and smoking-related illnesses; (9) any prescription drug
used in the treatment of osteoporosis; and (10) any
prescription drug used in the treatment of multiple
sclerosis. The Department may add additional therapeutic
classes by rule. The Department may adopt a preferred drug
list within any of the classes of drugs described in items
(1) through (10) of this paragraph. The specific drugs or
therapeutic classes of covered prescription drugs shall be
indicated by rule.
For Eligibility Group 2, "covered prescription drug"

HB4049 Enrolled - 1297 - LRB099 03667 KTG 23678 b
means those drugs covered by the Medicare Part D
Prescription Drug Plan in which the beneficiary is
enrolled.
For Eligibility Group 3, "covered prescription drug"
means those drugs covered by the Medical Assistance Program
under Article V of the Illinois Public Aid Code.
For Eligibility Group 4, "covered prescription drug"
means those drugs covered by the Medicare Part D
Prescription Drug Plan in which the beneficiary is
enrolled.
Any person otherwise eligible for pharmaceutical
assistance under this subsection whose covered drugs are
covered by any public program is ineligible for assistance
under this subsection to the extent that the cost of those
drugs is covered by the other program.
The Department of Healthcare and Family Services shall
establish by rule the methods by which it will provide for the
coverage called for in this subsection. Those methods may
include direct reimbursement to pharmacies or the payment of a
capitated amount to Medicare Part D Prescription Drug Plans.
For a pharmacy to be reimbursed under the program
established under this subsection, it must comply with rules
adopted by the Department of Healthcare and Family Services
regarding coordination of benefits with Medicare Part D
Prescription Drug Plans. A pharmacy may not charge a
Medicare-enrolled beneficiary of the program established under

HB4049 Enrolled - 1298 - LRB099 03667 KTG 23678 b
this subsection more for a covered prescription drug than the
appropriate Medicare cost-sharing less any payment from or on
behalf of the Department of Healthcare and Family Services.
The Department of Healthcare and Family Services or the
Department on Aging, as appropriate, may adopt rules regarding
applications, counting of income, proof of Medicare status,
mandatory generic policies, and pharmacy reimbursement rates
and any other rules necessary for the cost-efficient operation
of the program established under this subsection.
(h) A qualified individual is not entitled to duplicate
benefits in a coverage period as a result of the changes made
by this amendatory Act of the 96th General Assembly.
(Source: P.A. 96-804, eff. 1-1-10; 97-74, eff. 6-30-11; 97-333,
eff. 8-12-11; 97-689, eff. 6-14-12.)
(320 ILCS 25/9) (from Ch. 67 1/2, par. 409)
Sec. 9. Fraud; error.
(a) Any person who files a fraudulent claim for a grant
under this Act, or who for compensation prepares a claim for a
grant and knowingly enters false information on an application
for any claimant under this Act, or who fraudulently files
multiple applications, or who fraudulently states that a person
without a disability is a person with a disability a
nondisabled person is disabled, or who, prior to July 1, 2012,
fraudulently procures pharmaceutical assistance benefits, or
who fraudulently uses such assistance to procure covered

HB4049 Enrolled - 1299 - LRB099 03667 KTG 23678 b
prescription drugs, or who, on behalf of an authorized
pharmacy, files a fraudulent request for payment, is guilty of
a Class 4 felony for the first offense and is guilty of a Class
3 felony for each subsequent offense.
(b) (Blank).
(c) The Department on Aging may recover from a claimant any
amount paid to that claimant under this Act on account of an
erroneous or fraudulent claim, together with 6% interest per
year. Amounts recoverable from a claimant by the Department on
Aging under this Act may, but need not, be recovered by
offsetting the amount owed against any future grant payable to
the person under this Act.
The Department of Healthcare and Family Services may
recover for acts prior to July 1, 2012 from an authorized
pharmacy any amount paid to that pharmacy under the
pharmaceutical assistance program on account of an erroneous or
fraudulent request for payment under that program, together
with 6% interest per year. The Department of Healthcare and
Family Services may recover from a person who erroneously or
fraudulently obtains benefits under the pharmaceutical
assistance program the value of the benefits so obtained,
together with 6% interest per year.
(d) A prosecution for a violation of this Section may be
commenced at any time within 3 years of the commission of that
violation.
(Source: P.A. 96-804, eff. 1-1-10; 97-689, eff. 6-14-12.)

HB4049 Enrolled - 1300 - LRB099 03667 KTG 23678 b
Section 715. The Senior Citizens Real Estate Tax Deferral
Act is amended by changing Sections 2 and 8 as follows:
(320 ILCS 30/2) (from Ch. 67 1/2, par. 452)
Sec. 2. Definitions. As used in this Act:
(a) "Taxpayer" means an individual whose household income
for the year is no greater than: (i) $40,000 through tax year
2005; (ii) $50,000 for tax years 2006 through 2011; and (iii)
$55,000 for tax year 2012 and thereafter.
(b) "Tax deferred property" means the property upon which
real estate taxes are deferred under this Act.
(c) "Homestead" means the land and buildings thereon,
including a condominium or a dwelling unit in a multidwelling
building that is owned and operated as a cooperative, occupied
by the taxpayer as his residence or which are temporarily
unoccupied by the taxpayer because such taxpayer is temporarily
residing, for not more than 1 year, in a licensed facility as
defined in Section 1-113 of the Nursing Home Care Act.
(d) "Real estate taxes" or "taxes" means the taxes on real
property for which the taxpayer would be liable under the
Property Tax Code, including special service area taxes, and
special assessments on benefited real property for which the
taxpayer would be liable to a unit of local government.
(e) "Department" means the Department of Revenue.
(f) "Qualifying property" means a homestead which (a) the

HB4049 Enrolled - 1301 - LRB099 03667 KTG 23678 b
taxpayer or the taxpayer and his spouse own in fee simple or
are purchasing in fee simple under a recorded instrument of
sale, (b) is not income-producing property, (c) is not subject
to a lien for unpaid real estate taxes when a claim under this
Act is filed, and (d) is not held in trust, other than an
Illinois land trust with the taxpayer identified as the sole
beneficiary, if the taxpayer is filing for the program for the
first time effective as of the January 1, 2011 assessment year
or tax year 2012 and thereafter.
(g) "Equity interest" means the current assessed valuation
of the qualified property times the fraction necessary to
convert that figure to full market value minus any outstanding
debts or liens on that property. In the case of qualifying
property not having a separate assessed valuation, the
appraised value as determined by a qualified real estate
appraiser shall be used instead of the current assessed
valuation.
(h) "Household income" has the meaning ascribed to that
term in the Senior Citizens and Persons with Disabilities
Disabled Persons Property Tax Relief Act.
(i) "Collector" means the county collector or, if the taxes
to be deferred are special assessments, an official designated
by a unit of local government to collect special assessments.
(Source: P.A. 97-481, eff. 8-22-11; 97-689, eff. 6-14-12.)
(320 ILCS 30/8) (from Ch. 67 1/2, par. 458)

HB4049 Enrolled - 1302 - LRB099 03667 KTG 23678 b
Sec. 8. Nothing in this Act (a) affects any provision of
any mortgage or other instrument relating to land requiring a
person to pay real estate taxes or (b) affects the eligibility
of any person to receive any grant pursuant to the "Senior
Citizens and Persons with Disabilities Disabled Persons
Property Tax Relief Act".
(Source: P.A. 97-689, eff. 6-14-12.)
Section 720. The Senior Pharmaceutical Assistance Act is
amended by changing Section 5 as follows:
(320 ILCS 50/5)
Sec. 5. Findings. The General Assembly finds:
(1) Senior citizens identify pharmaceutical assistance as
the single most critical factor to their health, well-being,
and continued independence.
(2) The State of Illinois currently operates 2
pharmaceutical assistance programs that benefit seniors: (i)
the program of pharmaceutical assistance under the Senior
Citizens and Persons with Disabilities Disabled Persons
Property Tax Relief Act and (ii) the Aid to the Aged, Blind, or
Disabled program under the Illinois Public Aid Code. The State
has been given authority to establish a third program, SeniorRx
Care, through a federal Medicaid waiver.
(3) Each year, numerous pieces of legislation are filed
seeking to establish additional pharmaceutical assistance

HB4049 Enrolled - 1303 - LRB099 03667 KTG 23678 b
benefits for seniors or to make changes to the existing
programs.
(4) Establishment of a pharmaceutical assistance review
committee will ensure proper coordination of benefits,
diminish the likelihood of duplicative benefits, and ensure
that the best interests of seniors are served.
(5) In addition to the State pharmaceutical assistance
programs, several private entities, such as drug manufacturers
and pharmacies, also offer prescription drug discount or
coverage programs.
(6) Many seniors are unaware of the myriad of public and
private programs available to them.
(7) Establishing a pharmaceutical clearinghouse with a
toll-free hot-line and local outreach workers will educate
seniors about the vast array of options available to them and
enable seniors to make an educated and informed choice that is
best for them.
(8) Estimates indicate that almost one-third of senior
citizens lack prescription drug coverage. The federal
government, states, and the pharmaceutical industry each have a
role in helping these uninsured seniors gain access to
life-saving medications.
(9) The State of Illinois has recognized its obligation to
assist Illinois' neediest seniors in purchasing prescription
medications, and it is now time for pharmaceutical
manufacturers to recognize their obligation to make their

HB4049 Enrolled - 1304 - LRB099 03667 KTG 23678 b
medications affordable to seniors.
(Source: P.A. 97-689, eff. 6-14-12.)
Section 725. The Illinois Prescription Drug Discount
Program Act is amended by changing Section 30 as follows:
(320 ILCS 55/30)
Sec. 30. Manufacturer rebate agreements.
(a) Taking into consideration the extent to which the State
pays for prescription drugs under various State programs and
the provision of assistance to persons with disabilities
disabled persons or eligible seniors under patient assistance
programs, prescription drug discount programs, or other offers
for free or reduced price medicine, clinical research projects,
limited supply distribution programs, compassionate use
programs, or programs of research conducted by or for a drug
manufacturer, the Department, its agent, or the program
administrator shall negotiate and enter into rebate agreements
with drug manufacturers, as defined in this Act, to effect
prescription drug price discounts. The Department or program
administrator may exclude certain medications from the list of
covered medications and may establish a preferred drug list as
a basis for determining the discounts, administrative fees, or
other fees or rebates under this Section.
(b) (Blank).
(c) Receipts from rebates shall be used to provide

HB4049 Enrolled - 1305 - LRB099 03667 KTG 23678 b
discounts for prescription drugs purchased by cardholders and
to cover the cost of administering the program. Any receipts to
be allocated to the Department shall be deposited into the
Illinois Prescription Drug Discount Program Fund, a trust fund
created outside the State Treasury with the State Treasurer
acting as ex officio custodian. Disbursements from the Illinois
Prescription Drug Discount Program Fund shall be made upon the
direction of the Director of Central Management Services.
(Source: P.A. 94-86, eff. 1-1-06; 94-91, eff. 7-1-05; 95-331,
eff. 8-21-07.)
Section 730. The Abused and Neglected Child Reporting Act
is amended by changing Sections 4.4a, 7.1, 11.1, 11.5, and 11.7
as follows:
(325 ILCS 5/4.4a)
Sec. 4.4a. Department of Children and Family Services duty
to report to Department of Human Services' Office of Inspector
General. Whenever the Department receives, by means of its
statewide toll-free telephone number established under Section
7.6 for the purpose of reporting suspected child abuse or
neglect or by any other means or from any mandated reporter
under Section 4 of this Act, a report of suspected abuse,
neglect, or financial exploitation of an adult with a
disability a disabled adult between the ages of 18 and 59 and
who is not residing in a DCFS licensed facility, the Department

HB4049 Enrolled - 1306 - LRB099 03667 KTG 23678 b
shall instruct the reporter to contact the Department of Human
Services' Office of the Inspector General and shall provide the
reporter with the statewide, 24-hour toll-free telephone
number established and maintained by the Department of Human
Services' Office of the Inspector General.
(Source: P.A. 96-1446, eff. 8-20-10.)
(325 ILCS 5/7.1) (from Ch. 23, par. 2057.1)
Sec. 7.1. (a) To the fullest extent feasible, the
Department shall cooperate with and shall seek the cooperation
and involvement of all appropriate public and private agencies,
including health, education, social service and law
enforcement agencies, religious institutions, courts of
competent jurisdiction, and agencies, organizations, or
programs providing or concerned with human services related to
the prevention, identification or treatment of child abuse or
neglect.
Such cooperation and involvement shall include joint
consultation and services, joint planning, joint case
management, joint public education and information services,
joint utilization of facilities, joint staff development and
other training, and the creation of multidisciplinary case
diagnostic, case handling, case management, and policy
planning teams. Such cooperation and involvement shall also
include consultation and planning with the Illinois Department
of Human Services regarding referrals to designated perinatal

HB4049 Enrolled - 1307 - LRB099 03667 KTG 23678 b
centers of newborn children requiring protective custody under
this Act, whose life or development may be threatened by a
developmental disability or disabling handicapping condition.
For implementing such intergovernmental cooperation and
involvement, units of local government and public and private
agencies may apply for and receive federal or State funds from
the Department under this Act or seek and receive gifts from
local philanthropic or other private local sources in order to
augment any State funds appropriated for the purposes of this
Act.
(b) The Department may establish up to 5 demonstrations of
multidisciplinary teams to advise, review and monitor cases of
child abuse and neglect brought by the Department or any member
of the team. The Director shall determine the criteria by which
certain cases of child abuse or neglect are brought to the
multidisciplinary teams. The criteria shall include but not be
limited to geographic area and classification of certain cases
where allegations are of a severe nature. Each
multidisciplinary team shall consist of 7 to 10 members
appointed by the Director, including, but not limited to
representatives from the medical, mental health, educational,
juvenile justice, law enforcement and social service fields.
(Source: P.A. 92-801, eff. 8-16-02.)
(325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)
Sec. 11.1. Access to records.

HB4049 Enrolled - 1308 - LRB099 03667 KTG 23678 b
(a) A person shall have access to the records described in
Section 11 only in furtherance of purposes directly connected
with the administration of this Act or the Intergovernmental
Missing Child Recovery Act of 1984. Those persons and purposes
for access include:
(1) Department staff in the furtherance of their
responsibilities under this Act, or for the purpose of
completing background investigations on persons or
agencies licensed by the Department or with whom the
Department contracts for the provision of child welfare
services.
(2) A law enforcement agency investigating known or
suspected child abuse or neglect, known or suspected
involvement with child pornography, known or suspected
criminal sexual assault, known or suspected criminal
sexual abuse, or any other sexual offense when a child is
alleged to be involved.
(3) The Department of State Police when administering
the provisions of the Intergovernmental Missing Child
Recovery Act of 1984.
(4) A physician who has before him a child whom he
reasonably suspects may be abused or neglected.
(5) A person authorized under Section 5 of this Act to
place a child in temporary protective custody when such
person requires the information in the report or record to
determine whether to place the child in temporary

HB4049 Enrolled - 1309 - LRB099 03667 KTG 23678 b
protective custody.
(6) A person having the legal responsibility or
authorization to care for, treat, or supervise a child, or
a parent, prospective adoptive parent, foster parent,
guardian, or other person responsible for the child's
welfare, who is the subject of a report.
(7) Except in regard to harmful or detrimental
information as provided in Section 7.19, any subject of the
report, and if the subject of the report is a minor, his
guardian or guardian ad litem.
(8) A court, upon its finding that access to such
records may be necessary for the determination of an issue
before such court; however, such access shall be limited to
in camera inspection, unless the court determines that
public disclosure of the information contained therein is
necessary for the resolution of an issue then pending
before it.
(8.1) A probation officer or other authorized
representative of a probation or court services department
conducting an investigation ordered by a court under the
Juvenile Court Act of l987.
(9) A grand jury, upon its determination that access to
such records is necessary in the conduct of its official
business.
(10) Any person authorized by the Director, in writing,
for audit or bona fide research purposes.

HB4049 Enrolled - 1310 - LRB099 03667 KTG 23678 b
(11) Law enforcement agencies, coroners or medical
examiners, physicians, courts, school superintendents and
child welfare agencies in other states who are responsible
for child abuse or neglect investigations or background
investigations.
(12) The Department of Professional Regulation, the
State Board of Education and school superintendents in
Illinois, who may use or disclose information from the
records as they deem necessary to conduct investigations or
take disciplinary action, as provided by law.
(13) A coroner or medical examiner who has reason to
believe that a child has died as the result of abuse or
neglect.
(14) The Director of a State-operated facility when an
employee of that facility is the perpetrator in an
indicated report.
(15) The operator of a licensed child care facility or
a facility licensed by the Department of Human Services (as
successor to the Department of Alcoholism and Substance
Abuse) in which children reside when a current or
prospective employee of that facility is the perpetrator in
an indicated child abuse or neglect report, pursuant to
Section 4.3 of the Child Care Act of 1969.
(16) Members of a multidisciplinary team in the
furtherance of its responsibilities under subsection (b)
of Section 7.1. All reports concerning child abuse and

HB4049 Enrolled - 1311 - LRB099 03667 KTG 23678 b
neglect made available to members of such
multidisciplinary teams and all records generated as a
result of such reports shall be confidential and shall not
be disclosed, except as specifically authorized by this Act
or other applicable law. It is a Class A misdemeanor to
permit, assist or encourage the unauthorized release of any
information contained in such reports or records. Nothing
contained in this Section prevents the sharing of reports
or records relating or pertaining to the death of a minor
under the care of or receiving services from the Department
of Children and Family Services and under the jurisdiction
of the juvenile court with the juvenile court, the State's
Attorney, and the minor's attorney.
(17) The Department of Human Services, as provided in
Section 17 of the Rehabilitation of Persons with
Disabilities Disabled Persons Rehabilitation Act.
(18) Any other agency or investigative body, including
the Department of Public Health and a local board of
health, authorized by State law to conduct an investigation
into the quality of care provided to children in hospitals
and other State regulated care facilities. The access to
and release of information from such records shall be
subject to the approval of the Director of the Department
or his designee.
(19) The person appointed, under Section 2-17 of the
Juvenile Court Act of 1987, as the guardian ad litem of a

HB4049 Enrolled - 1312 - LRB099 03667 KTG 23678 b
minor who is the subject of a report or records under this
Act.
(20) The Department of Human Services, as provided in
Section 10 of the Early Intervention Services System Act,
and the operator of a facility providing early intervention
services pursuant to that Act, for the purpose of
determining whether a current or prospective employee who
provides or may provide direct services under that Act is
the perpetrator in an indicated report of child abuse or
neglect filed under this Act.
(b) Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to
juveniles subject to the provisions of the Serious Habitual
Offender Comprehensive Action Program when that information is
used to assist in the early identification and treatment of
habitual juvenile offenders.
(c) To the extent that persons or agencies are given access
to information pursuant to this Section, those persons or
agencies may give this information to and receive this
information from each other in order to facilitate an
investigation conducted by those persons or agencies.
(Source: P.A. 93-147, eff. 1-1-04; 94-1010, eff. 10-1-06.)
(325 ILCS 5/11.5) (from Ch. 23, par. 2061.5)
Sec. 11.5. Within the appropriation available, the
Department shall conduct a continuing education and training

HB4049 Enrolled - 1313 - LRB099 03667 KTG 23678 b
program for State and local staff, persons and officials
required to report, the general public, and other persons
engaged in or intending to engage in the prevention,
identification, and treatment of child abuse and neglect. The
program shall be designed to encourage the fullest degree of
reporting of known and suspected child abuse and neglect, and
to improve communication, cooperation, and coordination among
all agencies in the identification, prevention, and treatment
of child abuse and neglect. The program shall inform the
general public and professionals of the nature and extent of
child abuse and neglect and their responsibilities,
obligations, powers and immunity from liability under this Act.
It may include information on the diagnosis of child abuse and
neglect and the roles and procedures of the Child Protective
Service Unit, the Department and central register, the courts
and of the protective, treatment, and ameliorative services
available to children and their families. Such information may
also include special needs of mothers at risk of delivering a
child whose life or development may be threatened by a
disabling handicapping condition, to ensure informed consent
to treatment of the condition and understanding of the unique
child care responsibilities required for such a child. The
program may also encourage parents and other persons having
responsibility for the welfare of children to seek assistance
on their own in meeting their child care responsibilities and
encourage the voluntary acceptance of available services when

HB4049 Enrolled - 1314 - LRB099 03667 KTG 23678 b
they are needed. It may also include publicity and
dissemination of information on the existence and number of the
24 hour, State-wide, toll-free telephone service to assist
persons seeking assistance and to receive reports of known and
suspected abuse and neglect.
Within the appropriation available, the Department also
shall conduct a continuing education and training program for
State and local staff involved in investigating reports of
child abuse or neglect made under this Act. The program shall
be designed to train such staff in the necessary and
appropriate procedures to be followed in investigating cases
which it appears may result in civil or criminal charges being
filed against a person. Program subjects shall include but not
be limited to the gathering of evidence with a view toward
presenting such evidence in court and the involvement of State
or local law enforcement agencies in the investigation. The
program shall be conducted in cooperation with State or local
law enforcement agencies, State's Attorneys and other
components of the criminal justice system as the Department
deems appropriate.
(Source: P.A. 85-984.)
(325 ILCS 5/11.7) (from Ch. 23, par. 2061.7)
Sec. 11.7. (a) The Director shall appoint the chairperson
and members of a "State-wide Citizen's Committee on Child Abuse
and Neglect" to consult with and advise the Director. The

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Committee shall be composed of individuals of distinction in
human services, neonatal medical care, needs and rights of
persons with disabilities the disabled, law and community life,
broadly representative of social and economic communities
across the State, who shall be appointed to 3 year staggered
terms. The chairperson and members of the Committee shall serve
without compensation, although their travel and per diem
expenses shall be reimbursed in accordance with standard State
procedures. Under procedures adopted by the Committee, it may
meet at any time, confer with any individuals, groups, and
agencies; and may issue reports or recommendations on any
aspect of child abuse or neglect it deems appropriate.
(b) The Committee shall advise the Director on setting
priorities for the administration of child abuse prevention,
shelters and service programs, as specified in Section 4a of
"An Act creating the Department of Children and Family
Services, codifying its powers and duties, and repealing
certain Acts and Sections herein named", approved June 4, 1963,
as amended.
(c) The Committee shall advise the Director on policies and
procedures with respect to the medical neglect of newborns and
infants.
(Source: P.A. 84-611.)
Section 735. The High Risk Youth Career Development Act is
amended by changing Section 1 as follows:

HB4049 Enrolled - 1316 - LRB099 03667 KTG 23678 b
(325 ILCS 25/1) (from Ch. 23, par. 6551)
Sec. 1. The Department of Human Services (acting as
successor to the Illinois Department of Public Aid under the
Department of Human Services Act), in cooperation with the
Department of Commerce and Economic Opportunity, the Illinois
State Board of Education, the Department of Children and Family
Services, the Department of Employment Services and other
appropriate State and local agencies, may establish and
administer, on an experimental basis and subject to
appropriation, community-based programs providing
comprehensive, long-term intervention strategies to increase
future employability and career development among high risk
youth. The Department of Human Services, and the other
cooperating agencies, shall establish provisions for community
involvement in the design, development, implementation and
administration of these programs. The programs may provide the
following services: teaching of basic literacy and remedial
reading and writing; vocational training programs which are
realistic in terms of producing lifelong skills necessary for
career development; and supportive services including
transportation and child care during the training period and
for up to one year after placement in a job. The programs shall
be targeted to high risk youth residing in the geographic areas
served by the respective programs. "High risk" means that a
person is at least 16 years of age but not yet 21 years of age

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and possesses one or more of the following characteristics:
(1) Has low income;
(2) Is a member of a minority;
(3) Is illiterate;
(4) Is a school drop out;
(5) Is homeless;
(6) Is a person with a disability disabled;
(7) Is a parent; or
(8) Is a ward of the State.
The Department of Human Services and other cooperating
State agencies shall promulgate rules and regulations,
pursuant to the Illinois Administrative Procedure Act, for the
implementation of this Act, including procedures and standards
for determining whether a person possesses any of the
characteristics specified in this Section.
(Source: P.A. 94-793, eff. 5-19-06.)
Section 740. The War on Terrorism Compensation Act is
amended by changing Section 20 as follows:
(330 ILCS 32/20)
Sec. 20. Legal disability. If a person to whom compensation
is payable under this Act is under a legal disability, the
compensation shall be paid to the person legally vested with
the care of the person under a legal disability legally
disabled person under the laws of his or her state of

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residence. If no such person has been so designated for the
person under a legal disability legally disabled person,
payment shall be made to the chief officer of any hospital or
institution under the supervision or control of any state or of
the United States Department of Veterans Affairs in which the
person under a legal disability legally disabled person is
placed, if that officer is authorized to accept moneys for the
benefit of the person under a legal disability legally disabled
person. Any payments so made shall be held or used solely for
the benefit of the person under a legal disability legally
disabled person.
As used in this Section, a person under a legal disability
means a person found to be so by a court of competent
jurisdiction of any state or the District of Columbia or by any
adjudication officer of the United States Department of
Veterans Affairs.
(Source: P.A. 96-76, eff. 7-24-09.)
Section 745. The Prisoner of War Bonus Act is amended by
changing Section 4 as follows:
(330 ILCS 35/4) (from Ch. 126 1/2, par. 57.64)
Sec. 4. The Department of Veterans' Affairs has complete
charge and control of the general scheme of payments authorized
by this Act and shall adopt general rules for the making of
such payments, the ascertainment and selection of proper

HB4049 Enrolled - 1319 - LRB099 03667 KTG 23678 b
beneficiaries and the amount to which such beneficiaries are
entitled, and for procedure.
If the person to whom compensation is payable under this
Act is a person under a legal disability, it shall be paid to
the person legally vested with the care of such person under a
legal disability legally disabled person under the laws of this
State of residence. If no such person has been so designated
for the person under a legal disability legally disabled
person, payment shall be made to the chief officer of any
hospital or institution under the supervision or control of any
State or of the Veterans Administration of the United States in
which such person under a legal disability legally disabled
person is placed, if such officer is authorized to accept
moneys for the benefit of the person under a legal disability
legally disabled person. Any payments so made shall be held or
used solely for the benefit of the person under a legal
disability legally disabled person.
As used in this Section, a person under a legal disability
means any person found to be so disabled by a court of
competent jurisdiction of any State or the District of Columbia
or by any adjudication officer of the Veterans Administration
of the United States.
(Source: P.A. 85-169.)
Section 750. The Military Veterans Assistance Act is
amended by changing Section 6 as follows:

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(330 ILCS 45/6) (from Ch. 23, par. 3086)
Sec. 6. Overseers of military veterans assistance are
hereby prohibited from sending military veterans (or their
families or the families of those deceased) to any almshouse
(or orphan asylum) without the full concurrence and consent of
the commander and assistance committee of the post or camp of a
military veterans organization having jurisdiction as provided
in Sections 2 and 3 of this Act. Military veterans with
families and the families of deceased veterans, shall, whenever
practicable, be provided for and assisted at their homes in
such city or town in which they shall have a residence, in the
manner provided in Sections 2 and 3 of this Act. Needy veterans
or veterans with disabilities or disabled veterans of the
classes specified in Section 2 of this Act, who are not
mentally ill, and who have no families or friends with which
they may be domiciled, may be sent to any veterans home. Any
less fortunate veteran of either of the classes specified in
Section 2 of this Act or any member of the family of any living
or deceased veteran of said classes, who may be mentally ill,
shall, upon the recommendation of the commander and assistance
committee of such post or camp of a military veterans
organization, within the jurisdiction of which the case may
occur, be sent to any mental health facility and cared for as
provided for indigent persons who are mentally ill.
(Source: P.A. 87-796.)

HB4049 Enrolled - 1321 - LRB099 03667 KTG 23678 b
Section 755. The Disabled Veterans Housing Act is amended
by changing Section 0.01 as follows:
(330 ILCS 65/0.01) (from Ch. 126 1/2, par. 57.90)
Sec. 0.01. Short title. This Act may be cited as the
Housing for Veterans with Disabilities Disabled Veterans
Housing Act.
(Source: P.A. 86-1324.)
Section 760. The Children of Deceased Veterans Act is
amended by changing Section 1 as follows:
(330 ILCS 105/1) (from Ch. 126 1/2, par. 26)
Sec. 1. The Illinois Department of Veterans' Affairs shall
provide, insofar as moneys are appropriated for those purposes,
for matriculation and tuition fees, board, room rent, books and
supplies for the use and benefit of children, not under 10 and
not over 18 years of age, except extension of time may be
granted for a child to complete high school but in no event
beyond the 19th birthday who have for 12 months immediately
preceding their application for these benefits had their
domicile in the State of Illinois, of World War I veterans who
were killed in action or who died between April 6, 1917, and
July 2, 1921, and of World War II veterans who were killed in
action or died after December 6, 1941, and on or before

HB4049 Enrolled - 1322 - LRB099 03667 KTG 23678 b
December 31, 1946, and of Korean conflict veterans who were
killed in action or died between June 27, 1950 and January 31,
1955, and of Vietnam conflict veterans who were killed in
action or died between January 1, 1961 and May 7, 1975, as a
result of service in the Armed Forces of the United States or
from other causes of World War I, World War II, the Korean
conflict or the Vietnam conflict, who died, whether before or
after the cessation of hostilities, from service-connected
disability, and of any veterans who died during the induction
periods specified below or died of a service-connected
disability incurred during such induction periods, such
periods to be those beginning September 16, 1940, and ending
December 6, 1941, and beginning January 1, 1947 and ending June
26, 1950 and the period beginning February 1, 1955, and ending
on the day before the first day thereafter on which individuals
(other than individuals liable for induction by reason of prior
deferment) are no longer liable for induction for training and
service into the Armed Forces under the Universal Military
Training and Service Act, and beginning January 1, 1961 and
ending May 7, 1975 and of any veterans who are persons with a
total and permanent disability totally and permanently
disabled as a result of a service-connected disability (or who
died while a disability so evaluated was in existence); which
children are attending or may attend a state or private
educational institution of elementary or high school grade or a
business college, vocational training school, or other

HB4049 Enrolled - 1323 - LRB099 03667 KTG 23678 b
educational institution in this State where courses of
instruction are provided in subjects which would tend to enable
such children to engage in any useful trade, occupation or
profession. As used in this Act "service-connected" means, with
respect to disability or death, that such disability was
incurred or aggravated, or that the death resulted from a
disability incurred or aggravated, in the performance of active
duty or active duty for training in the military services. Such
children shall be admitted to state educational institutions
free of tuition. No more than $250.00 may be paid under this
Act for any one child for any one school year.
(Source: P.A. 94-106, eff. 7-1-05.)
Section 765. The Mental Health and Developmental
Disabilities Code is amended by changing Sections 1-106, 1-125,
2-101, 2-108, 2-114, 3-200, 3-400, 4-201, 4-201.1, 4-400,
4-500, 4-701, 5-105, 6-103.1, and 6-103.2 and by changing the
headings of Chapter IV, Article III of Chapter IV, Article IV
of Chapter IV, and Article V of Chapter IV as follows:
(405 ILCS 5/1-106) (from Ch. 91 1/2, par. 1-106)
Sec. 1-106. "Developmental disability" means a disability
which is attributable to: (a) an intellectual disability,
cerebral palsy, epilepsy or autism; or (b) any other condition
which results in impairment similar to that caused by an
intellectual disability and which requires services similar to

HB4049 Enrolled - 1324 - LRB099 03667 KTG 23678 b
those required by persons with an intellectual disability
intellectually disabled persons. Such disability must
originate before the age of 18 years, be expected to continue
indefinitely, and constitute a substantial disability
handicap.
(Source: P.A. 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)
(405 ILCS 5/1-125) (from Ch. 91 1/2, par. 1-125)
Sec. 1-125. "Restraint" means direct restriction through
mechanical means or personal physical force of the limbs, head
or body of a recipient. The partial or total immobilization of
a recipient for the purpose of performing a medical, surgical
or dental procedure or as part of a medically prescribed
procedure for the treatment of an existing physical disorder or
the amelioration of a physical disability handicap shall not
constitute restraint, provided that the duration, nature and
purposes of the procedures or immobilization are properly
documented in the recipient's record and, that if the
procedures or immobilization are applied continuously or
regularly for a period in excess of 24 hours, and for every 24
hour period thereafter during which the immobilization may
continue, they are authorized in writing by a physician or
dentist; and provided further, that any such immobilization
which extends for more than 30 days be reviewed by a physician
or dentist other than the one who originally authorized the
immobilization.

HB4049 Enrolled - 1325 - LRB099 03667 KTG 23678 b
Momentary periods of physical restriction by direct
person-to-person contact, without the aid of material or
mechanical devices, accomplished with limited force, and that
are designed to prevent a recipient from completing an act that
would result in potential physical harm to himself or another
shall not constitute restraint, but shall be documented in the
recipient's clinical record.
(Source: P.A. 86-1402; 87-124.)
(405 ILCS 5/2-101) (from Ch. 91 1/2, par. 2-101)
Sec. 2-101. No recipient of services shall be presumed to
be a person under a legal disability legally disabled, nor
shall such person be held to be a person under a legal
disability legally disabled except as determined by a court.
Such determination shall be separate from a judicial proceeding
held to determine whether a person is subject to involuntary
admission or meets the standard for judicial admission.
(Source: P.A. 85-971.)
(405 ILCS 5/2-108) (from Ch. 91 1/2, par. 2-108)
Sec. 2-108. Use of restraint. Restraint may be used only as
a therapeutic measure to prevent a recipient from causing
physical harm to himself or physical abuse to others. Restraint
may only be applied by a person who has been trained in the
application of the particular type of restraint to be utilized.
In no event shall restraint be utilized to punish or discipline

HB4049 Enrolled - 1326 - LRB099 03667 KTG 23678 b
a recipient, nor is restraint to be used as a convenience for
the staff.
(a) Except as provided in this Section, restraint shall be
employed only upon the written order of a physician, clinical
psychologist, clinical social worker, clinical professional
counselor, or registered nurse with supervisory
responsibilities. No restraint shall be ordered unless the
physician, clinical psychologist, clinical social worker,
clinical professional counselor, or registered nurse with
supervisory responsibilities, after personally observing and
examining the recipient, is clinically satisfied that the use
of restraint is justified to prevent the recipient from causing
physical harm to himself or others. In no event may restraint
continue for longer than 2 hours unless within that time period
a nurse with supervisory responsibilities or a physician
confirms, in writing, following a personal examination of the
recipient, that the restraint does not pose an undue risk to
the recipient's health in light of the recipient's physical or
medical condition. The order shall state the events leading up
to the need for restraint and the purposes for which restraint
is employed. The order shall also state the length of time
restraint is to be employed and the clinical justification for
that length of time. No order for restraint shall be valid for
more than 16 hours. If further restraint is required, a new
order must be issued pursuant to the requirements provided in
this Section.

HB4049 Enrolled - 1327 - LRB099 03667 KTG 23678 b
(b) In the event there is an emergency requiring the
immediate use of restraint, it may be ordered temporarily by a
qualified person only where a physician, clinical
psychologist, clinical social worker, clinical professional
counselor, or registered nurse with supervisory
responsibilities is not immediately available. In that event,
an order by a nurse, clinical psychologist, clinical social
worker, clinical professional counselor, or physician shall be
obtained pursuant to the requirements of this Section as
quickly as possible, and the recipient shall be examined by a
physician or supervisory nurse within 2 hours after the initial
employment of the emergency restraint. Whoever orders
restraint in emergency situations shall document its necessity
and place that documentation in the recipient's record.
(c) The person who orders restraint shall inform the
facility director or his designee in writing of the use of
restraint within 24 hours.
(d) The facility director shall review all restraint orders
daily and shall inquire into the reasons for the orders for
restraint by any person who routinely orders them.
(e) Restraint may be employed during all or part of one 24
hour period, the period commencing with the initial application
of the restraint. However, once restraint has been employed
during one 24 hour period, it shall not be used again on the
same recipient during the next 48 hours without the prior
written authorization of the facility director.

HB4049 Enrolled - 1328 - LRB099 03667 KTG 23678 b
(f) Restraint shall be employed in a humane and therapeutic
manner and the person being restrained shall be observed by a
qualified person as often as is clinically appropriate but in
no event less than once every 15 minutes. The qualified person
shall maintain a record of the observations. Specifically,
unless there is an immediate danger that the recipient will
physically harm himself or others, restraint shall be loosely
applied to permit freedom of movement. Further, the recipient
shall be permitted to have regular meals and toilet privileges
free from the restraint, except when freedom of action may
result in physical harm to the recipient or others.
(g) Every facility that employs restraint shall provide
training in the safe and humane application of each type of
restraint employed. The facility shall not authorize the use of
any type of restraint by an employee who has not received
training in the safe and humane application of that type of
restraint. Each facility in which restraint is used shall
maintain records detailing which employees have been trained
and are authorized to apply restraint, the date of the training
and the type of restraint that the employee was trained to use.
(h) Whenever restraint is imposed upon any recipient whose
primary mode of communication is sign language, the recipient
shall be permitted to have his hands free from restraint for
brief periods each hour, except when freedom may result in
physical harm to the recipient or others.
(i) A recipient who is restrained may only be secluded at

HB4049 Enrolled - 1329 - LRB099 03667 KTG 23678 b
the same time pursuant to an explicit written authorization as
provided in Section 2-109 of this Code. Whenever a recipient is
restrained, a member of the facility staff shall remain with
the recipient at all times unless the recipient has been
secluded. A recipient who is restrained and secluded shall be
observed by a qualified person as often as is clinically
appropriate but in no event less than every 15 minutes.
(j) Whenever restraint is used, the recipient shall be
advised of his right, pursuant to Sections 2-200 and 2-201 of
this Code, to have any person of his choosing, including the
Guardianship and Advocacy Commission or the agency designated
pursuant to the Protection and Advocacy for Persons with
Developmental Disabilities Developmentally Disabled Persons
Act notified of the restraint. A recipient who is under
guardianship may request that any person of his choosing be
notified of the restraint whether or not the guardian approves
of the notice. Whenever the Guardianship and Advocacy
Commission is notified that a recipient has been restrained, it
shall contact that recipient to determine the circumstances of
the restraint and whether further action is warranted.
(Source: P.A. 98-137, eff. 8-2-13.)
(405 ILCS 5/2-114) (from Ch. 91 1/2, par. 2-114)
Sec. 2-114. (a) Whenever an attorney or other advocate from
the Guardianship and Advocacy Commission or the agency
designated by the Governor under Section 1 of the Protection

HB4049 Enrolled - 1330 - LRB099 03667 KTG 23678 b
and Advocacy for Persons with Developmental Disabilities
Developmentally Disabled Persons Act or any other attorney
advises a facility in which a recipient is receiving inpatient
mental health services that he is presently representing the
recipient, or has been appointed by any court or administrative
agency to do so or has been requested to represent the
recipient by a member of the recipient's family, the facility
shall, subject to the provisions of Section 2-113 of this Code,
disclose to the attorney or advocate whether the recipient is
presently residing in the facility and, if so, how the attorney
or advocate may communicate with the recipient.
(b) The facility may take reasonable precautions to
identify the attorney or advocate. No further information shall
be disclosed to the attorney or advocate except in conformity
with the authorization procedures contained in the Mental
Health and Developmental Disabilities Confidentiality Act.
(c) Whenever the location of the recipient has been
disclosed to an attorney or advocate, the facility director
shall inform the recipient of that fact and shall note this
disclosure in the recipient's records.
(d) An attorney or advocate who receives any information
under this Section may not disclose this information to anyone
else without the written consent of the recipient obtained
pursuant to Section 5 of the Mental Health and Developmental
Disabilities Confidentiality Act.
(Source: P.A. 91-357, eff. 7-29-99.)

HB4049 Enrolled - 1331 - LRB099 03667 KTG 23678 b
(405 ILCS 5/3-200) (from Ch. 91 1/2, par. 3-200)
Sec. 3-200. (a) A person may be admitted as an inpatient to
a mental health facility for treatment of mental illness only
as provided in this Chapter, except that a person may be
transferred by the Department of Corrections pursuant to the
Unified Code of Corrections. A person transferred by the
Department of Corrections in this manner may be released only
as provided in the Unified Code of Corrections.
(b) No person who is diagnosed as a person with an
intellectual disability intellectually disabled or a person
with a developmental disability may be admitted or transferred
to a Department mental health facility or, any portion thereof,
except as provided in this Chapter. However, the evaluation and
placement of such persons shall be governed by Article II of
Chapter 4 of this Code.
(Source: P.A. 97-227, eff. 1-1-12.)
(405 ILCS 5/3-400) (from Ch. 91 1/2, par. 3-400)
Sec. 3-400. Voluntary admission to mental health facility.
(a) Any person 16 or older, including a person adjudicated
a person with a disability disabled person, may be admitted to
a mental health facility as a voluntary recipient for treatment
of a mental illness upon the filing of an application with the
facility director of the facility if the facility director
determines and documents in the recipient's medical record that

HB4049 Enrolled - 1332 - LRB099 03667 KTG 23678 b
the person (1) is clinically suitable for admission as a
voluntary recipient and (2) has the capacity to consent to
voluntary admission.
(b) For purposes of consenting to voluntary admission, a
person has the capacity to consent to voluntary admission if,
in the professional judgment of the facility director or his or
her designee, the person is able to understand that:
(1) He or she is being admitted to a mental health
facility.
(2) He or she may request discharge at any time. The
request must be in writing, and discharge is not automatic.
(3) Within 5 business days after receipt of the written
request for discharge, the facility must either discharge
the person or initiate commitment proceedings.
(c) No mental health facility shall require the completion
of a petition or certificate as a condition of accepting the
admission of a recipient who is being transported to that
facility from any other inpatient or outpatient healthcare
facility if the recipient has completed an application for
voluntary admission to the receiving facility pursuant to this
Section.
(Source: P.A. 96-612, eff. 1-1-10; 97-375, eff. 8-15-11.)
(405 ILCS 5/Ch. IV heading)
CHAPTER IV
ADMISSION, TRANSFER, AND DISCHARGE PROCEDURES

HB4049 Enrolled - 1333 - LRB099 03667 KTG 23678 b
FOR PERSONS WITH DEVELOPMENTAL DISABILITIES THE
DEVELOPMENTALLY DISABLED
(405 ILCS 5/4-201) (from Ch. 91 1/2, par. 4-201)
Sec. 4-201. (a) A person with an intellectual disability An
intellectually disabled person shall not reside in a Department
mental health facility unless the person is evaluated and is
determined to be a person with mental illness and the facility
director determines that appropriate treatment and
habilitation are available and will be provided to such person
on the unit. In all such cases the Department mental health
facility director shall certify in writing within 30 days of
the completion of the evaluation and every 30 days thereafter,
that the person has been appropriately evaluated, that services
specified in the treatment and habilitation plan are being
provided, that the setting in which services are being provided
is appropriate to the person's needs, and that provision of
such services fully complies with all applicable federal
statutes and regulations concerning the provision of services
to persons with a developmental disability. Those regulations
shall include, but not be limited to the regulations which
govern the provision of services to persons with a
developmental disability in facilities certified under the
Social Security Act for federal financial participation,
whether or not the facility or portion thereof in which the
recipient has been placed is presently certified under the

HB4049 Enrolled - 1334 - LRB099 03667 KTG 23678 b
Social Security Act or would be eligible for such certification
under applicable federal regulations. The certifications shall
be filed in the recipient's record and with the office of the
Secretary of the Department. A copy of the certification shall
be given to the person, an attorney or advocate who is
representing the person and the person's guardian.
(b) Any person admitted to a Department mental health
facility who is reasonably suspected of having a mild or
moderate intellectual disability being mildly or moderately
intellectually disabled, including those who also have a mental
illness, shall be evaluated by a multidisciplinary team which
includes a qualified intellectual disabilities professional
designated by the Department facility director. The evaluation
shall be consistent with Section 4-300 of Article III in this
Chapter, and shall include: (1) a written assessment of whether
the person needs a habilitation plan and, if so, (2) a written
habilitation plan consistent with Section 4-309, and (3) a
written determination whether the admitting facility is
capable of providing the specified habilitation services. This
evaluation shall occur within a reasonable period of time, but
in no case shall that period exceed 14 days after admission. In
all events, a treatment plan shall be prepared for the person
within 3 days of admission, and reviewed and updated every 30
days, consistent with Section 3-209 of this Code.
(c) Any person admitted to a Department mental health
facility with an admitting diagnosis of a severe or profound

HB4049 Enrolled - 1335 - LRB099 03667 KTG 23678 b
intellectual disability shall be transferred to an appropriate
facility or unit for persons with a developmental disability
within 72 hours of admission unless transfer is contraindicated
by the person's medical condition documented by appropriate
medical personnel. Any person diagnosed with a severe or
profound intellectual disability as severely or profoundly
intellectually disabled while in a Department mental health
facility shall be transferred to an appropriate facility or
unit for persons with a developmental disability within 72
hours of such diagnosis unless transfer is contraindicated by
the person's medical condition documented by appropriate
medical personnel.
(d) The Secretary of the Department shall designate a
qualified intellectual disabilities professional in each of
its mental health facilities who has responsibility for
insuring compliance with the provisions of Sections 4-201 and
4-201.1.
(Source: P.A. 97-227, eff. 1-1-12.)
(405 ILCS 5/4-201.1) (from Ch. 91 1/2, par. 4-201.1)
Sec. 4-201.1. (a) A person residing in a Department mental
health facility who is evaluated as having a mild or moderate
intellectual disability being mildly or moderately
intellectually disabled, an attorney or advocate representing
the person, or a guardian of such person may object to the
Department facility director's certification required in

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Section 4-201, the treatment and habilitation plan, or
appropriateness of setting, and obtain an administrative
decision requiring revision of a treatment or habilitation plan
or change of setting, by utilization review as provided in
Sections 3-207 and 4-209 of this Code. As part of this
utilization review, the Committee shall include as one of its
members a qualified intellectual disabilities professional.
(b) The mental health facility director shall give written
notice to each person evaluated as having a mild or moderate
intellectual disability being mildly or moderately
intellectually disabled, the person's attorney and guardian,
if any, or in the case of a minor, to his or her attorney, to
the parent, guardian or person in loco parentis and to the
minor if 12 years of age or older, of the person's right to
request a review of the facility director's initial or
subsequent determination that such person is appropriately
placed or is receiving appropriate services. The notice shall
also provide the address and phone number of the Legal Advocacy
Service of the Guardianship and Advocacy Commission, which the
person or guardian can contact for legal assistance. If
requested, the facility director shall assist the person or
guardian in contacting the Legal Advocacy Service. This notice
shall be given within 24 hours of Department's evaluation that
the person has a mild or moderate intellectual disability is
mildly or moderately intellectually disabled.
(c) Any recipient of services who successfully challenges a

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final decision of the Secretary of the Department (or his or
her designee) reviewing an objection to the certification
required under Section 4-201, the treatment and habilitation
plan, or the appropriateness of the setting shall be entitled
to recover reasonable attorney's fees incurred in that
challenge, unless the Department's position was substantially
justified.
(Source: P.A. 97-227, eff. 1-1-12.)
(405 ILCS 5/Ch. IV Art. III heading)
ARTICLE III. ADMINISTRATIVE AND TEMPORARY ADMISSION
OF PERSONS WITH DEVELOPMENTAL DISABILITIES THE DEVELOPMENTALLY
DISABLED
(405 ILCS 5/Ch. IV Art. IV heading)
ARTICLE IV. EMERGENCY ADMISSION
OF PERSONS WITH INTELLECTUAL DISABILITIES THE INTELLECTUALLY
DISABLED
(Source: P.A. 97-227, eff. 1-1-12.)
(405 ILCS 5/4-400) (from Ch. 91 1/2, par. 4-400)
Sec. 4-400. (a) A person 18 years of age or older may be
admitted on an emergency basis to a facility under this Article
if the facility director of the facility determines: (1) that
he is a person with an intellectual disability intellectually
disabled; (2) that he is reasonably expected to inflict serious

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physical harm upon himself or another in the near future; and
(3) that immediate admission is necessary to prevent such harm.
(b) Persons with a developmental disability under 18 years
of age and persons with a developmental disability 18 years of
age or over who are under guardianship or who are seeking
admission on their own behalf may be admitted for emergency
care under Section 4-311.
(Source: P.A. 97-227, eff. 1-1-12.)
(405 ILCS 5/Ch. IV Art. V heading)
ARTICLE V. JUDICIAL ADMISSION FOR THE
PERSONS WITH INTELLECTUAL DISABILITIES INTELLECTUALLY DISABLED
(Source: P.A. 97-227, eff. 1-1-12.)
(405 ILCS 5/4-500) (from Ch. 91 1/2, par. 4-500)
Sec. 4-500. A person 18 years of age or older may be
admitted to a facility upon court order under this Article if
the court determines: (1) that he is a person with an
intellectual disability intellectually disabled; and (2) that
he is reasonably expected to inflict serious physical harm upon
himself or another in the near future.
(Source: P.A. 97-227, eff. 1-1-12.)
(405 ILCS 5/4-701) (from Ch. 91 1/2, par. 4-701)
Sec. 4-701. (a) Any client admitted to a developmental
disabilities facility under this Chapter may be discharged

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whenever the facility director determines that he is suitable
for discharge.
(b) Any client admitted to a facility or program of
nonresidential services upon court order under Article V of
this Chapter or admitted upon court order as a person with an
intellectual disability or as intellectually disabled or
mentally deficient under any prior statute shall be discharged
whenever the facility director determines that he no longer
meets the standard for judicial admission. When the facility
director believes that continued residence is advisable for
such a client, he shall inform the client and his guardian, if
any, that the client may remain at the facility on
administrative admission status. When a facility director
discharges or changes the status of such client, he shall
promptly notify the clerk of the court who shall note the
action in the court record.
(c) When the facility director discharges a client pursuant
to subsection (b) of this Section, he shall promptly notify the
State's Attorney of the county in which the client resided
immediately prior to his admission to a developmental
disabilities facility. Upon receipt of such notice, the State's
Attorney may notify such peace officers that he deems
appropriate.
(d) The facility director may grant a temporary release to
any client when such release is appropriate and consistent with
the habilitation needs of the client.

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(Source: P.A. 97-227, eff. 1-1-12; 98-463, eff. 8-16-13.)
(405 ILCS 5/5-105) (from Ch. 91 1/2, par. 5-105)
Sec. 5-105. Each recipient of services provided directly or
funded by the Department and the estate of that recipient is
liable for the payment of sums representing charges for
services to the recipient at a rate to be determined by the
Department in accordance with this Act. If a recipient is a
beneficiary of a trust described in Section 15.1 of the Trusts
and Trustees Act, the trust shall not be considered a part of
the recipient's estate and shall not be subject to payment for
services to the recipient under this Section except to the
extent permitted under Section 15.1 of the Trusts and Trustees
Act. If the recipient is unable to pay or if the estate of the
recipient is insufficient, the responsible relatives are
severally liable for the payment of those sums or for the
balance due in case less than the amount prescribed under this
Act has been paid. If the recipient is under the age of 18, the
recipient and responsible relative shall be liable for medical
costs on a case-by-case basis for services for the diagnosis
and treatment of conditions other than that child's disabling
handicapping condition. The liability shall be the lesser of
the cost of medical care or the amount of responsible relative
liability established by the Department under Section 5-116.
Any person 18 through 21 years of age who is receiving services
under the Education for All Handicapped Children Act of 1975

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(Public Law 94-142) or that person's responsible relative shall
only be liable for medical costs on a case-by-case basis for
services for the diagnosis and treatment of conditions other
than the person's disabling handicapping condition. The
liability shall be the lesser of the cost of medical care or
the amount of responsible relative liability established by the
Department under Section 5-116. In the case of any person who
has received residential services from the Department, whether
directly from the Department or through a public or private
agency or entity funded by the Department, the liability shall
be the same regardless of the source of services. The maximum
services charges for each recipient assessed against
responsible relatives collectively may not exceed financial
liability determined from income in accordance with Section
5-116. Where the recipient is placed in a nursing home or other
facility outside the Department, the Department may pay the
actual cost of services in that facility and may collect
reimbursement for the entire amount paid from the recipient or
an amount not to exceed those amounts determined under Section
5-116 from responsible relatives according to their
proportionate ability to contribute to those charges. The
liability of each responsible relative for payment of services
charges ceases when payments on the basis of financial ability
have been made for a total of 12 years for any recipient, and
any portion of that 12 year period during which a responsible
relative has been determined by the Department to be

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financially unable to pay any services charges must be included
in fixing the total period of liability. No child is liable
under this Act for services to a parent. No spouse is liable
under this Act for the services to the other spouse who
wilfully failed to contribute to the spouse's support for a
period of 5 years immediately preceding his or her admission.
Any spouse claiming exemption because of wilful failure to
support during any such 5 year period must furnish the
Department with clear and convincing evidence substantiating
the claim. No parent is liable under this Act for the services
charges incurred by a child after the child reaches the age of
majority. Nothing in this Section shall preclude the Department
from applying federal benefits that are specifically provided
for the care and treatment of a person with a disability
disabled person toward the cost of care provided by a State
facility or private agency.
(Source: P.A. 87-311; 88-380.)
(405 ILCS 5/6-103.1)
Sec. 6-103.1. Adjudication as a person with a mental
disability mentally disabled person. When a person has been
adjudicated as a person with a mental disability mentally
disabled person as defined in Section 1.1 of the Firearm Owners
Identification Card Act, including, but not limited to, an
adjudication as a person with a disability disabled person as
defined in Section 11a-2 of the Probate Act of 1975, the court

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shall direct the circuit court clerk to notify the Department
of State Police, Firearm Owner's Identification (FOID) Office,
in a form and manner prescribed by the Department of State
Police, and shall forward a copy of the court order to the
Department no later than 7 days after the entry of the order.
Upon receipt of the order, the Department of State Police shall
provide notification to the National Instant Criminal
Background Check System.
(Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13.)
(405 ILCS 5/6-103.2)
Sec. 6-103.2. Developmental disability; notice. For
purposes of this Section, if a person is determined to be a
person with a developmental disability developmentally
disabled as defined in Section 1.1 of the Firearm Owners
Identification Card Act by a physician, clinical psychologist,
or qualified examiner, whether practicing at a public or by a
private mental health facility or developmental disability
facility, the physician, clinical psychologist, or qualified
examiner shall notify the Department of Human Services within
24 hours of making the determination that the person has a
developmental disability. The Department of Human Services
shall immediately update its records and information relating
to mental health and developmental disabilities, and if
appropriate, shall notify the Department of State Police in a
form and manner prescribed by the Department of State Police.

HB4049 Enrolled - 1344 - LRB099 03667 KTG 23678 b
Information disclosed under this Section shall remain
privileged and confidential, and shall not be redisclosed,
except as required under subsection (e) of Section 3.1 of the
Firearm Owners Identification Card Act, nor used for any other
purpose. The method of providing this information shall
guarantee that the information is not released beyond that
which is necessary for the purpose of this Section and shall be
provided by rule by the Department of Human Services. The
identity of the person reporting under this Section shall not
be disclosed to the subject of the report.
The physician, clinical psychologist, or qualified
examiner making the determination and his or her employer may
not be held criminally, civilly, or professionally liable for
making or not making the notification required under this
Section, except for willful or wanton misconduct.
(Source: P.A. 98-63, eff. 7-9-13.)
Section 770. The Community Mental Health Act is amended by
changing the title of the Act as follows:
(405 ILCS 20/Act title)
An Act relating to community mental health facilities and
services, including those for persons with developmental
disabilities the developmentally disabled and the substance
abusers abuser.

HB4049 Enrolled - 1345 - LRB099 03667 KTG 23678 b
Section 775. The Specialized Living Centers Act is amended
by changing the title of the Act and by changing Section 2.03
as follows:
(405 ILCS 25/Act title)
An Act in relation to specialized living centers for
persons with developmental disabilities the developmentally
disabled and to amend Acts therein named in connection
therewith.
(405 ILCS 25/2.03) (from Ch. 91 1/2, par. 602.03)
Sec. 2.03. "Person with a developmental disability" means
individuals whose disability is attributable to an
intellectual disability, cerebral palsy, epilepsy or other
neurological condition which generally originates before such
individuals attain age 18 which had continued or can be
expected to continue indefinitely and which constitutes a
substantial disability handicap to such individuals.
(Source: P.A. 97-227, eff. 1-1-12.)
Section 780. The Community Services Act is amended by
changing the title of the Act and Sections 1, 2, 3, and 4.4 as
follows:
(405 ILCS 30/Act title)
An Act to facilitate the establishment of community

HB4049 Enrolled - 1346 - LRB099 03667 KTG 23678 b
services for persons who are mentally ill, developmentally
disabled, alcohol dependent, or addicted or who are persons
with developmental disabilities.
(405 ILCS 30/1) (from Ch. 91 1/2, par. 901)
Sec. 1. Purpose. It is declared to be the policy and intent
of the Illinois General Assembly that the Department of Human
Services assume leadership in facilitating the establishment
of comprehensive and coordinated arrays of private and public
services for persons with mental illness, persons with a
developmental disability, and alcohol and drug dependent
citizens residing in communities throughout the state. The
Department shall work in partnership with local government
entities, direct service providers, voluntary associations and
communities to create a system that is sensitive to the needs
of local communities and which complements existing family and
other natural supports, social institutions and programs.
The goals of the service system shall include but not be
limited to the following: to strengthen the disabled
individual's independence, self-esteem, and ability of the
individual with a disability to participate in and contribute
to community life; to insure continuity of care for clients; to
enable persons with disabilities disabled persons to access
needed services, commensurate with their individual wishes and
needs, regardless of where they reside in the state; to prevent
unnecessary institutionalization and the dislocation of

HB4049 Enrolled - 1347 - LRB099 03667 KTG 23678 b
individuals from their home communities; to provide a range of
services so that persons can receive these services in settings
which do not unnecessarily restrict their liberty; and to
encourage clients to move among settings as their needs change.
The system shall include provision of services in the areas
of prevention, client assessment and diagnosis, case
coordination, crisis and emergency care, treatment and
habilitation and support services, and community residential
alternatives to institutional settings. The General Assembly
recognizes that community programs are an integral part of the
larger service system, which includes state-operated
facilities for persons who cannot receive appropriate services
in the community.
Towards achievement of these ends, the Department of Human
Services, working in coordination with other State agencies,
shall assume responsibilities pursuant to this Act, which
includes activities in the areas of planning, quality
assurance, program evaluation, community education, and the
provision of financial and technical assistance to local
provider agencies.
(Source: P.A. 88-380; 89-507, eff. 7-1-97.)
(405 ILCS 30/2) (from Ch. 91 1/2, par. 902)
Sec. 2. Community Services System. Services should be
planned, developed, delivered and evaluated as part of a
comprehensive and coordinated system. The Department of Human

HB4049 Enrolled - 1348 - LRB099 03667 KTG 23678 b
Services shall encourage the establishment of services in each
area of the State which cover the services categories described
below. What specific services are provided under each service
category shall be based on local needs; special attention shall
be given to unserved and underserved populations, including
children and youth, racial and ethnic minorities, and the
elderly. The service categories shall include:
(a) Prevention: services designed primarily to reduce
the incidence and ameliorate the severity of developmental
disabilities, mental illness and alcohol and drug
dependence;
(b) Client Assessment and Diagnosis: services designed
to identify persons with developmental disabilities,
mental illness and alcohol and drug dependency; to
determine the extent of the disability and the level of
functioning; to ensure that the individual's need for
treatment of mental disorders or substance use disorders or
co-occurring substance use and mental health disorders is
determined using a uniform screening, assessment, and
evaluation process inclusive of criteria; for purposes of
this subsection (b), a uniform screening, assessment, and
evaluation process refers to a process that includes an
appropriate evaluation and, as warranted, a referral;
"uniform" does not mean the use of a singular instrument,
tool, or process that all must utilize; information
obtained through client evaluation can be used in

HB4049 Enrolled - 1349 - LRB099 03667 KTG 23678 b
individual treatment and habilitation plans; to assure
appropriate placement and to assist in program evaluation;
(c) Case Coordination: services to provide information
and assistance to persons with disabilities to ensure
disabled persons to insure that they obtain needed services
provided by the private and public sectors; case
coordination services should be available to individuals
whose functioning level or history of institutional
recidivism or long-term care indicate that such assistance
is required for successful community living;
(d) Crisis and Emergency: services to assist
individuals and their families through crisis periods, to
stabilize individuals under stress and to prevent
unnecessary institutionalization;
(e) Treatment, Habilitation and Support: services
designed to help individuals develop skills which promote
independence and improved levels of social and vocational
functioning and personal growth; and to provide
non-treatment support services which are necessary for
successful community living;
(f) Community Residential Alternatives to
Institutional Settings: services to provide living
arrangements for persons unable to live independently; the
level of supervision, services provided and length of stay
at community residential alternatives will vary by the type
of program and the needs and functioning level of the

HB4049 Enrolled - 1350 - LRB099 03667 KTG 23678 b
residents; other services may be provided in a community
residential alternative which promote the acquisition of
independent living skills and integration with the
community.
(Source: P.A. 97-1061, eff. 8-24-12.)
(405 ILCS 30/3) (from Ch. 91 1/2, par. 903)
Sec. 3. Responsibilities for Community Services. Pursuant
to this Act, the Department of Human Services shall facilitate
the establishment of a comprehensive and coordinated array of
community services based upon a federal, State and local
partnership. In order to assist in implementation of this Act,
the Department shall prescribe and publish rules and
regulations. The Department may request the assistance of other
State agencies, local government entities, direct services
providers, trade associations, and others in the development of
these regulations or other policies related to community
services.
The Department shall assume the following roles and
responsibilities for community services:
(a) Service Priorities. Within the service categories
described in Section 2 of this Act, establish and publish
priorities for community services to be rendered, and priority
populations to receive these services.
(b) Planning. By January 1, 1994 and by January 1 of each
third year thereafter, prepare and publish a Plan which

HB4049 Enrolled - 1351 - LRB099 03667 KTG 23678 b
describes goals and objectives for community services
state-wide and for regions and subregions needs assessment,
steps and time-tables for implementation of the goals also
shall be included; programmatic goals and objectives for
community services shall cover the service categories defined
in Section 2 of this Act; the Department shall insure local
participation in the planning process.
(c) Public Information and Education. Develop programs
aimed at improving the relationship between communities and
their residents with disabilities; prepare and disseminate
public information and educational materials on the prevention
of developmental disabilities, mental illness, and alcohol or
drug dependence, and on available treatment and habilitation
services for persons with these disabilities.
(d) Quality Assurance. Promulgate minimum program
standards, rules and regulations to insure that Department
funded services maintain acceptable quality and assure
enforcement of these standards through regular monitoring of
services and through program evaluation; this applies except
where this responsibility is explicitly given by law to another
State agency.
(d-5) Accreditation requirements for providers of mental
health and substance abuse treatment services. Except when the
federal or State statutes authorizing a program, or the federal
regulations implementing a program, are to the contrary,
accreditation shall be accepted by the Department in lieu of

HB4049 Enrolled - 1352 - LRB099 03667 KTG 23678 b
the Department's facility or program certification or
licensure onsite review requirements and shall be accepted as a
substitute for the Department's administrative and program
monitoring requirements, except as required by subsection
(d-10), in the case of:
(1) Any organization from which the Department
purchases mental health or substance abuse services and
that is accredited under any of the following: the
Comprehensive Accreditation Manual for Behavioral Health
Care (Joint Commission on Accreditation of Healthcare
Organizations (JCAHO)); the Comprehensive Accreditation
Manual for Hospitals (JCAHO); the Standards Manual for the
Council on Accreditation for Children and Family Services
(Council on Accreditation for Children and Family Services
(COA)); or the Standards Manual for Organizations Serving
People with Disabilities (the Rehabilitation Accreditation
Commission (CARF)).
(2) Any mental health facility or program licensed or
certified by the Department, or any substance abuse service
licensed by the Department, that is accredited under any of
the following: the Comprehensive Accreditation Manual for
Behavioral Health Care (JCAHO); the Comprehensive
Accreditation Manual for Hospitals (JCAHO); the Standards
Manual for the Council on Accreditation for Children and
Family Services (COA); or the Standards Manual for
Organizations Serving People with Disabilities (CARF).

HB4049 Enrolled - 1353 - LRB099 03667 KTG 23678 b
(3) Any network of providers from which the Department
purchases mental health or substance abuse services and
that is accredited under any of the following: the
Comprehensive Accreditation Manual for Behavioral Health
Care (JCAHO); the Comprehensive Accreditation Manual for
Hospitals (JCAHO); the Standards Manual for the Council on
Accreditation for Children and Family Services (COA); the
Standards Manual for Organizations Serving People with
Disabilities (CARF); or the National Committee for Quality
Assurance. A provider organization that is part of an
accredited network shall be afforded the same rights under
this subsection.
(d-10) For mental health and substance abuse services, the
Department may develop standards or promulgate rules that
establish additional standards for monitoring and licensing
accredited programs, services, and facilities that the
Department has determined are not covered by the accreditation
standards and processes. These additional standards for
monitoring and licensing accredited programs, services, and
facilities and the associated monitoring must not duplicate the
standards and processes already covered by the accrediting
bodies.
(d-15) The Department shall be given proof of compliance
with fire and health safety standards, which must be submitted
as required by rule.
(d-20) The Department, by accepting the survey or

HB4049 Enrolled - 1354 - LRB099 03667 KTG 23678 b
inspection of an accrediting organization, does not forfeit its
rights to perform inspections at any time, including contract
monitoring to ensure that services are provided in accordance
with the contract. The Department reserves the right to monitor
a provider of mental health and substance abuse treatment
services when the survey or inspection of an accrediting
organization has established any deficiency in the
accreditation standards and processes.
(d-25) On and after the effective date of this amendatory
Act of the 92nd General Assembly, the accreditation
requirements of this Section apply to contracted organizations
that are already accredited.
(e) Program Evaluation. Develop a system for conducting
evaluation of the effectiveness of community services,
according to preestablished performance standards; evaluate
the extent to which performance according to established
standards aids in achieving the goals of this Act; evaluation
data also shall be used for quality assurance purposes as well
as for planning activities.
(f) Research. Conduct research in order to increase
understanding of mental illness, developmental disabilities
and alcohol and drug dependence.
(g) Technical Assistance. Provide technical assistance to
provider agencies receiving funds or serving clients in order
to assist these agencies in providing appropriate, quality
services; also provide assistance and guidance to other State

HB4049 Enrolled - 1355 - LRB099 03667 KTG 23678 b
agencies and local governmental bodies serving persons with
disabilities the disabled in order to strengthen their efforts
to provide appropriate community services; and assist provider
agencies in accessing other available funding, including
federal, State, local, third-party and private resources.
(h) Placement Process. Promote the appropriate placement
of clients in community services through the development and
implementation of client assessment and diagnostic instruments
to assist in identifying the individual's service needs; client
assessment instruments also can be utilized for purposes of
program evaluation; whenever possible, assure that placements
in State-operated facilities are referrals from community
agencies.
(i) Interagency Coordination. Assume leadership in
promoting cooperation among State health and human service
agencies to insure that a comprehensive, coordinated community
services system is in place; to insure persons with a
disability access to needed services; and to insure continuity
of care and allow clients to move among service settings as
their needs change; also work with other agencies to establish
effective prevention programs.
(j) Financial Assistance. Provide financial assistance to
local provider agencies through purchase-of-care contracts and
grants, pursuant to Section 4 of this Act.
(Source: P.A. 95-682, eff. 10-11-07.)

HB4049 Enrolled - 1356 - LRB099 03667 KTG 23678 b
(405 ILCS 30/4.4)
Sec. 4.4. Funding reinvestment.
(a) The purposes of this Section are as follows:
(1) The General Assembly recognizes that the United
States Supreme Court in Olmstead v. L.C. ex Rel. Zimring,
119 S. Ct. 2176 (1999), affirmed that the unjustifiable
institutionalization of a person with a disability who
could live in the community with proper support, and wishes
to do so, is unlawful discrimination in violation of the
Americans with Disabilities Act (ADA). The State of
Illinois, along with all other states, is required to
provide appropriate residential and community-based
support services to persons with disabilities who wish to
live in a less restrictive setting.
(2) It is the purpose of this Section to help fulfill
the State's obligations under the Olmstead decision by
maximizing the level of funds for both developmental
disability and mental health services and supports in order
to maintain and create an array of residential and
supportive services for people with mental health needs and
developmental disabilities whenever they are transferred
into another facility or a community-based setting.
(b) In this Section:
"Office of Developmental Disabilities" means the Office of
Developmental Disabilities within the Department of Human
Services.

HB4049 Enrolled - 1357 - LRB099 03667 KTG 23678 b
"Office of Mental Health" means the Office of Mental Health
within the Department of Human Services.
(c) On and after the effective date of this amendatory Act
of the 94th General Assembly, every appropriation of State
moneys relating to funding for the Office of Developmental
Disabilities or the Office of Mental Health must comply with
this Section.
(d) Whenever any appropriation, or any portion of an
appropriation, for any fiscal year relating to the funding of
any State-operated facility operated by the Office of
Developmental Disabilities or any mental health facility
operated by the Office of Mental Health is reduced because of
any of the reasons set forth in the following items (1) through
(3), to the extent that savings are realized from these items,
those moneys must be directed toward providing other services
and supports for persons with developmental disabilities or
mental health needs:
(1) The closing of any such State-operated facility for
persons with developmental disabilities the
developmentally disabled or mental health facility.
(2) Reduction in the number of units or available beds
in any such State-operated facility for persons with
developmental disabilities the developmentally disabled or
mental health facility.
(3) Reduction in the number of staff employed in any
such State-operated facility for persons with

HB4049 Enrolled - 1358 - LRB099 03667 KTG 23678 b
developmental disabilities the developmentally disabled or
mental health facility.
In determining whether any savings are realized from items
(1) through (3), sufficient moneys shall be made available to
ensure that there is an appropriate level of staffing and that
life, safety, and care concerns are addressed so as to provide
for the remaining persons with developmental disabilities or
mental illness at any facility in the case of item (2) or (3)
or, in the case of item (1), such remaining persons at the
remaining State-operated facilities that will be expected to
handle the individuals previously served at the closed
facility.
(e) The purposes of redirecting this funding shall include,
but not be limited to, providing the following services and
supports for individuals with developmental disabilities and
mental health needs:
(1) Residence in the most integrated setting possible,
whether independent living in a private residence, a
Community Integrated Living Arrangement (CILA), a
supported residential program, an Intermediate Care
Facility for persons with Developmental Disabilities
(ICFDD), a supervised residential program, or supportive
housing, as appropriate.
(2) Residence in another State-operated facility.
(3) Rehabilitation and support services, including
assertive community treatment, case management, supportive

HB4049 Enrolled - 1359 - LRB099 03667 KTG 23678 b
and supervised day treatment, and psychosocial
rehabilitation.
(4) Vocational or developmental training, as
appropriate, that contributes to the person's independence
and employment potential.
(5) Employment or supported employment, as
appropriate, free from discrimination pursuant to the
Constitution and laws of this State.
(6) In-home family supports, such as respite services
and client and family supports.
(7) Periodic reevaluation, as needed.
(f) An appropriation may not circumvent the purposes of
this Section by transferring moneys within the funding system
for services and supports for persons with developmental
disabilities the developmentally disabled and the mentally ill
and then compensating for this transfer by redirecting other
moneys away from these services to provide funding for some
other governmental purpose or to relieve other State funding
expenditures.
(Source: P.A. 94-498, eff. 8-8-05.)
Section 785. The Protection and Advocacy for
Developmentally Disabled Persons Act is amended by changing
Section 0.01 as follows:
(405 ILCS 40/0.01) (from Ch. 91 1/2, par. 1150)

HB4049 Enrolled - 1360 - LRB099 03667 KTG 23678 b
Sec. 0.01. Short title. This Act may be cited as the
Protection and Advocacy for Persons with Developmental
Disabilities Developmentally Disabled Persons Act.
(Source: P.A. 86-1324.)
Section 790. The Developmental Disability and Mental
Disability Services Act is amended by changing Sections 2-1,
2-2, 2-3, 2-4, 2-5, 2-6, 2-8, 2-10, 2-11, 2-16, 3-1, 3-2, 3-3,
3-4, 3-9.1, 3-11, 4-1, and 5-1 as follows:
(405 ILCS 80/2-1) (from Ch. 91 1/2, par. 1802-1)
Sec. 2-1. This Article may be cited as the Home-Based
Support Services Law for Adults with Mental Disabilities
Mentally Disabled Adults.
(Source: P.A. 86-921.)
(405 ILCS 80/2-2) (from Ch. 91 1/2, par. 1802-2)
Sec. 2-2. The purpose of this Article is to authorize the
Department of Human Services to encourage, develop, sponsor and
fund home-based and community-based services for adults with
mental disabilities mentally disabled adults in order to
provide alternatives to institutionalization and to permit
adults with mental disabilities mentally disabled adults to
remain in their own homes.
(Source: P.A. 89-507, eff. 7-1-97.)

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(405 ILCS 80/2-3) (from Ch. 91 1/2, par. 1802-3)
Sec. 2-3. As used in this Article, unless the context
requires otherwise:
(a) "Agency" means an agency or entity licensed by the
Department pursuant to this Article or pursuant to the
Community Residential Alternatives Licensing Act.
(b) "Department" means the Department of Human Services, as
successor to the Department of Mental Health and Developmental
Disabilities.
(c) "Home-based services" means services provided to an
adult with a mental disability a mentally disabled adult who
lives in his or her own home. These services include but are
not limited to:
(1) home health services;
(2) case management;
(3) crisis management;
(4) training and assistance in self-care;
(5) personal care services;
(6) habilitation and rehabilitation services;
(7) employment-related services;
(8) respite care; and
(9) other skill training that enables a person to
become self-supporting.
(d) "Legal guardian" means a person appointed by a court of
competent jurisdiction to exercise certain powers on behalf of
an adult with a mental disability a mentally disabled adult.

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(e) "Adult with a mental disability Mentally disabled
adult" means a person over the age of 18 years who lives in his
or her own home; who needs home-based services, but does not
require 24-hour-a-day supervision; and who has one of the
following conditions: severe autism, severe mental illness, a
severe or profound intellectual disability, or severe and
multiple impairments.
(f) In one's "own home" means that an adult with a mental
disability a mentally disabled adult lives alone; or that an
adult with a mental disability a mentally disabled adult is in
full-time residence with his or her parents, legal guardian, or
other relatives; or that an adult with a mental disability a
mentally disabled adult is in full-time residence in a setting
not subject to licensure under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, the ID/DD
Community Care Act, or the Child Care Act of 1969, as now or
hereafter amended, with 3 or fewer other adults unrelated to
the adult with a mental disability mentally disabled adult who
do not provide home-based services to the adult with a mental
disability mentally disabled adult.
(g) "Parent" means the biological or adoptive parent of an
adult with a mental disability a mentally disabled adult, or a
person licensed as a foster parent under the laws of this State
who acts as a mentally disabled adult's foster parent to an
adult with a mental disability.
(h) "Relative" means any of the following relationships by

HB4049 Enrolled - 1363 - LRB099 03667 KTG 23678 b
blood, marriage or adoption: parent, son, daughter, brother,
sister, grandparent, uncle, aunt, nephew, niece, great
grandparent, great uncle, great aunt, stepbrother, stepsister,
stepson, stepdaughter, stepparent or first cousin.
(i) "Severe autism" means a lifelong developmental
disability which is typically manifested before 30 months of
age and is characterized by severe disturbances in reciprocal
social interactions; verbal and nonverbal communication and
imaginative activity; and repertoire of activities and
interests. A person shall be determined severely autistic, for
purposes of this Article, if both of the following are present:
(1) Diagnosis consistent with the criteria for
autistic disorder in the current edition of the Diagnostic
and Statistical Manual of Mental Disorders.
(2) Severe disturbances in reciprocal social
interactions; verbal and nonverbal communication and
imaginative activity; repertoire of activities and
interests. A determination of severe autism shall be based
upon a comprehensive, documented assessment with an
evaluation by a licensed clinical psychologist or
psychiatrist. A determination of severe autism shall not be
based solely on behaviors relating to environmental,
cultural or economic differences.
(j) "Severe mental illness" means the manifestation of all
of the following characteristics:
(1) A primary diagnosis of one of the major mental

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disorders in the current edition of the Diagnostic and
Statistical Manual of Mental Disorders listed below:
(A) Schizophrenia disorder.
(B) Delusional disorder.
(C) Schizo-affective disorder.
(D) Bipolar affective disorder.
(E) Atypical psychosis.
(F) Major depression, recurrent.
(2) The individual's mental illness must substantially
impair his or her functioning in at least 2 of the
following areas:
(A) Self-maintenance.
(B) Social functioning.
(C) Activities of community living.
(D) Work skills.
(3) Disability must be present or expected to be
present for at least one year.
A determination of severe mental illness shall be based
upon a comprehensive, documented assessment with an evaluation
by a licensed clinical psychologist or psychiatrist, and shall
not be based solely on behaviors relating to environmental,
cultural or economic differences.
(k) "Severe or profound intellectual disability" means a
manifestation of all of the following characteristics:
(1) A diagnosis which meets Classification in Mental
Retardation or criteria in the current edition of the

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Diagnostic and Statistical Manual of Mental Disorders for
severe or profound mental retardation (an IQ of 40 or
below). This must be measured by a standardized instrument
for general intellectual functioning.
(2) A severe or profound level of disturbed adaptive
behavior. This must be measured by a standardized adaptive
behavior scale or informal appraisal by the professional in
keeping with illustrations in Classification in Mental
Retardation, 1983.
(3) Disability diagnosed before age of 18.
A determination of a severe or profound intellectual
disability shall be based upon a comprehensive, documented
assessment with an evaluation by a licensed clinical
psychologist or certified school psychologist or a
psychiatrist, and shall not be based solely on behaviors
relating to environmental, cultural or economic differences.
(l) "Severe and multiple impairments" means the
manifestation of all of the following characteristics:
(1) The evaluation determines the presence of a
developmental disability which is expected to continue
indefinitely, constitutes a substantial disability
handicap and is attributable to any of the following:
(A) Intellectual disability, which is defined as
general intellectual functioning that is 2 or more
standard deviations below the mean concurrent with
impairment of adaptive behavior which is 2 or more

HB4049 Enrolled - 1366 - LRB099 03667 KTG 23678 b
standard deviations below the mean. Assessment of the
individual's intellectual functioning must be measured
by a standardized instrument for general intellectual
functioning.
(B) Cerebral palsy.
(C) Epilepsy.
(D) Autism.
(E) Any other condition which results in
impairment similar to that caused by an intellectual
disability and which requires services similar to
those required by persons with intellectual
disabilities intellectually disabled persons.
(2) The evaluation determines multiple disabilities
handicaps in physical, sensory, behavioral or cognitive
functioning which constitute a severe or profound
impairment attributable to one or more of the following:
(A) Physical functioning, which severely impairs
the individual's motor performance that may be due to:
(i) Neurological, psychological or physical
involvement resulting in a variety of disabling
conditions such as hemiplegia, quadriplegia or
ataxia,
(ii) Severe organ systems involvement such as
congenital heart defect,
(iii) Physical abnormalities resulting in the
individual being non-mobile and non-ambulatory or

HB4049 Enrolled - 1367 - LRB099 03667 KTG 23678 b
confined to bed and receiving assistance in
transferring, or
(iv) The need for regular medical or nursing
supervision such as gastrostomy care and feeding.
Assessment of physical functioning must be based
on clinical medical assessment by a physician licensed
to practice medicine in all its branches, using the
appropriate instruments, techniques and standards of
measurement required by the professional.
(B) Sensory, which involves severe restriction due
to hearing or visual impairment limiting the
individual's movement and creating dependence in
completing most daily activities. Hearing impairment
is defined as a loss of 70 decibels aided or speech
discrimination of less than 50% aided. Visual
impairment is defined as 20/200 corrected in the better
eye or a visual field of 20 degrees or less. Sensory
functioning must be based on clinical medical
assessment by a physician licensed to practice
medicine in all its branches using the appropriate
instruments, techniques and standards of measurement
required by the professional.
(C) Behavioral, which involves behavior that is
maladaptive and presents a danger to self or others, is
destructive to property by deliberately breaking,
destroying or defacing objects, is disruptive by

HB4049 Enrolled - 1368 - LRB099 03667 KTG 23678 b
fighting, or has other socially offensive behaviors in
sufficient frequency or severity to seriously limit
social integration. Assessment of behavioral
functioning may be measured by a standardized scale or
informal appraisal by a clinical psychologist or
psychiatrist.
(D) Cognitive, which involves intellectual
functioning at a measured IQ of 70 or below. Assessment
of cognitive functioning must be measured by a
standardized instrument for general intelligence.
(3) The evaluation determines that development is
substantially less than expected for the age in cognitive,
affective or psychomotor behavior as follows:
(A) Cognitive, which involves intellectual
functioning at a measured IQ of 70 or below. Assessment
of cognitive functioning must be measured by a
standardized instrument for general intelligence.
(B) Affective behavior, which involves over and
under responding to stimuli in the environment and may
be observed in mood, attention to awareness, or in
behaviors such as euphoria, anger or sadness that
seriously limit integration into society. Affective
behavior must be based on clinical assessment using the
appropriate instruments, techniques and standards of
measurement required by the professional.
(C) Psychomotor, which includes a severe

HB4049 Enrolled - 1369 - LRB099 03667 KTG 23678 b
developmental delay in fine or gross motor skills so
that development in self-care, social interaction,
communication or physical activity will be greatly
delayed or restricted.
(4) A determination that the disability originated
before the age of 18 years.
A determination of severe and multiple impairments shall be
based upon a comprehensive, documented assessment with an
evaluation by a licensed clinical psychologist or
psychiatrist.
If the examiner is a licensed clinical psychologist,
ancillary evaluation of physical impairment, cerebral palsy or
epilepsy must be made by a physician licensed to practice
medicine in all its branches.
Regardless of the discipline of the examiner, ancillary
evaluation of visual impairment must be made by an
ophthalmologist or a licensed optometrist.
Regardless of the discipline of the examiner, ancillary
evaluation of hearing impairment must be made by an
otolaryngologist or an audiologist with a certificate of
clinical competency.
The only exception to the above is in the case of a person
with cerebral palsy or epilepsy who, according to the
eligibility criteria listed below, has multiple impairments
which are only physical and sensory. In such a case, a
physician licensed to practice medicine in all its branches may

HB4049 Enrolled - 1370 - LRB099 03667 KTG 23678 b
serve as the examiner.
(m) "Twenty-four-hour-a-day supervision" means
24-hour-a-day care by a trained mental health or developmental
disability professional on an ongoing basis.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
(405 ILCS 80/2-4) (from Ch. 91 1/2, par. 1802-4)
Sec. 2-4. The Department shall establish a Home-Based
Support Services Program for Adults with Mental Disabilities
Mentally Disabled Adults ("the Program") under this Article.
The purpose of the Program is to provide alternatives to
institutionalization of adults with mental disabilities
mentally disabled adults and to permit these individuals to
live in their own homes. The Department shall implement the
purpose of the Program by providing home-based services to
adults with mental disabilities mentally disabled adults who
need home-based services and who live in their own homes.
(Source: P.A. 86-921.)
(405 ILCS 80/2-5) (from Ch. 91 1/2, par. 1802-5)
Sec. 2-5. The Department shall establish eligibility
standards for the Program, taking into consideration the
disability levels and service needs of the target population.
The Department shall create application forms which shall be
used to determine the eligibility of adults with mental

HB4049 Enrolled - 1371 - LRB099 03667 KTG 23678 b
disabilities mentally disabled adults to participate in the
Program. The forms shall be made available by the Department
and shall require at least the following items of information
which constitute eligibility criteria for participation in the
Program:
(a) A statement that the adult with a mental disability
mentally disabled adult resides in the State of Illinois
and is over the age of 18 years.
(b) Verification that the adult with a mental
disability mentally disabled adult has one of the following
conditions: severe autism, severe mental illness, a severe
or profound intellectual disability, or severe and
multiple impairments.
(c) Verification that the adult with a mental
disability mentally disabled adult has applied and is
eligible for federal Supplemental Security Income or
federal Social Security Disability Income benefits.
(d) Verification that the adult with a mental
disability mentally disabled adult resides full-time in
his or her own home or that, within 2 months of receipt of
services under this Article, he or she will reside
full-time in his or her own home.
The Department may by rule adopt provisions establishing
liability of responsible relatives of a recipient of services
under this Article for the payment of sums representing charges
for services to such recipient. Such rules shall be

HB4049 Enrolled - 1372 - LRB099 03667 KTG 23678 b
substantially similar to the provisions for such liability
contained in Chapter V of the Mental Health and Developmental
Disabilities Code, as now or hereafter amended, and rules
adopted pursuant thereto.
(Source: P.A. 97-227, eff. 1-1-12; 98-756, eff. 7-16-14.)
(405 ILCS 80/2-6) (from Ch. 91 1/2, par. 1802-6)
Sec. 2-6. An application for the Program shall be submitted
to the Department by the adult with a mental disability
mentally disabled adult or, if the adult with a mental
disability mentally disabled adult requires a guardian, by his
or her legal guardian. If the application for participation in
the Program is approved by the Department and the adult with a
mental disability mentally disabled adult is eligible to
receive services under this Article, the adult with a mental
disability mentally disabled adult shall be made aware of the
availability of a community support team and shall be offered
case management services. The amount of the home-based services
provided by the Department in any month shall be determined by
the service plan of the adult with a mental disability mentally
disabled adult, but in no case shall it be more than either:
(a) three hundred percent of the monthly federal
Supplemental Security Income payment for an individual
residing alone if the adult with a mental disability
mentally disabled adult is not enrolled in a special
education program by a local education agency, or

HB4049 Enrolled - 1373 - LRB099 03667 KTG 23678 b
(b) two hundred percent of the monthly Supplemental
Security Income payment for an individual residing alone if
the adult with a mental disability mentally disabled adult
is enrolled in a special education program by a local
education agency.
Upon approval of the Department, all or part of the monthly
amount approved for home-based services to participating
adults may be used as a one-time or continuing payment to the
eligible adult or the adult's parent or guardian to pay for
specified tangible items that are directly related to meeting
basic needs related to the person's mental disabilities.
Tangible items include, but are not limited to: adaptive
equipment, medication not covered by third-party payments,
nutritional supplements, and residential modifications.
(Source: P.A. 88-388.)
(405 ILCS 80/2-8) (from Ch. 91 1/2, par. 1802-8)
Sec. 2-8. Services provided by the Department under the
Program shall be denied:
(a) if the adult with a mental disability mentally disabled
adult no longer meets the eligibility criteria,
(b) if the adult with a mental disability mentally disabled
adult submits false information in an application or
reapplication for participation in the Program, or
(c) if the adult with a mental disability mentally disabled
adult fails to request or access any services after 120 days.

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Prior to making the decision, if the adult with mental
disabilities has failed to request or access any services
within 90 days, the Department shall give written notice to the
person who signed the application that participation in the
Program will be denied if services are not requested or
accessed within 30 days.
Whenever services provided by the Department under the
Program are denied for the reasons in paragraphs (a), (b), or
(c) of this Section, the Department shall give written notice
of the decision and the reasons for denial of services to the
person who signed the application. Such notice shall contain
information on requesting an appeal under Section 2-13.
(Source: P.A. 86-921; 87-1158.)
(405 ILCS 80/2-10) (from Ch. 91 1/2, par. 1802-10)
Sec. 2-10. Before eligible adults with mental disabilities
mentally disabled adults receive services under this Article,
they shall maximize use of other services provided by other
governmental agencies, including but not limited to
educational and vocational services.
(Source: P.A. 86-921.)
(405 ILCS 80/2-11) (from Ch. 91 1/2, par. 1802-11)
Sec. 2-11. The Department, as successor to any agreements
between the Department of Mental Health and Developmental
Disabilities and the Department of Rehabilitation Services for

HB4049 Enrolled - 1375 - LRB099 03667 KTG 23678 b
the provision of training, employment placement, and
employment referral services for the adults with mental
disabilities mentally disabled adults served under this
Article, shall carry out the responsibilities, if any, incurred
by its predecessor agencies under those agreements.
(Source: P.A. 89-507, eff. 7-1-97.)
(405 ILCS 80/2-16) (from Ch. 91 1/2, par. 1802-16)
Sec. 2-16. The Department shall adopt rules pursuant to the
Illinois Administrative Procedure Act to implement the
Home-Based Support Services Program for Adults with Mental
Disabilities Mentally Disabled Adults. The rules shall include
the intake procedures, application process and eligibility
requirements for adults with mental disabilities mentally
disabled adults who apply for services under the Program.
(Source: P.A. 86-921.)
(405 ILCS 80/3-1) (from Ch. 91 1/2, par. 1803-1)
Sec. 3-1. This Article shall be known and may be cited as
the Family Assistance Law for Children with Mental Disabilities
Mentally Disabled Children.
(Source: P.A. 86-921.)
(405 ILCS 80/3-2) (from Ch. 91 1/2, par. 1803-2)
Sec. 3-2. The purpose of this Article is to create a
mandate for the Department of Human Services to strengthen and

HB4049 Enrolled - 1376 - LRB099 03667 KTG 23678 b
promote families who provide care within the family home for
children whose level of mental illness or developmental
disability constitutes a risk of out-of-home placement. It is
the intent of this Article to strengthen, promote and empower
families to determine the most appropriate use of resources to
address the unique and changing needs of those families'
children with mental disabilities mentally disabled children.
(Source: P.A. 89-507, eff. 7-1-97.)
(405 ILCS 80/3-3) (from Ch. 91 1/2, par. 1803-3)
Sec. 3-3. As used in this Article, unless the context
requires otherwise:
(a) "Agency" means an agency or entity licensed by the
Department pursuant to this Article or pursuant to the
Community Residential Alternatives Licensing Act.
(b) "Department" means the Department of Human Services, as
successor to the Department of Mental Health and Developmental
Disabilities.
(c) "Department-funded out-of-home placement services"
means those services for which the Department pays the partial
or full cost of care of the residential placement.
(d) "Family" or "families" means a family member or members
and his, her or their parents or legal guardians.
(e) "Family member" means a child 17 years old or younger
who has one of the following conditions: severe autism, severe
emotional disturbance, a severe or profound intellectual

HB4049 Enrolled - 1377 - LRB099 03667 KTG 23678 b
disability, or severe and multiple impairments.
(f) "Legal guardian" means a person appointed by a court of
competent jurisdiction to exercise certain powers on behalf of
a family member and with whom the family member resides.
(g) "Parent" means a biological or adoptive parent with
whom the family member resides, or a person licensed as a
foster parent under the laws of this State, acting as a family
member's foster parent, and with whom the family member
resides.
(h) "Severe autism" means a lifelong developmental
disability which is typically manifested before 30 months of
age and is characterized by severe disturbances in reciprocal
social interactions; verbal and nonverbal communication and
imaginative activity; and repertoire of activities and
interests. A person shall be determined severely autistic, for
purposes of this Article, if both of the following are present:
(1) Diagnosis consistent with the criteria for
autistic disorder in the current edition of the Diagnostic
and Statistical Manual of Mental Disorders;
(2) Severe disturbances in reciprocal social
interactions; verbal and nonverbal communication and
imaginative activity; and repertoire of activities and
interests. A determination of severe autism shall be based
upon a comprehensive, documented assessment with an
evaluation by a licensed clinical psychologist or
psychiatrist. A determination of severe autism shall not be

HB4049 Enrolled - 1378 - LRB099 03667 KTG 23678 b
based solely on behaviors relating to environmental,
cultural or economic differences.
(i) "Severe mental illness" means the manifestation of all
of the following characteristics:
(1) a severe mental illness characterized by the
presence of a mental disorder in children or adolescents,
classified in the Diagnostic and Statistical Manual of
Mental Disorders (Third Edition - Revised), as now or
hereafter revised, excluding V-codes (as that term is used
in the current edition of the Diagnostic and Statistical
Manual of Mental Disorders), adjustment disorders, the
presence of an intellectual disability when no other mental
disorder is present, alcohol or substance abuse, or other
forms of dementia based upon organic or physical disorders;
and
(2) a functional disability of an extended duration
which results in substantial limitations in major life
activities.
A determination of severe mental illness shall be based
upon a comprehensive, documented assessment with an evaluation
by a licensed clinical psychologist or a psychiatrist.
(j) "Severe or profound intellectual disability" means a
manifestation of all of the following characteristics:
(1) A diagnosis which meets Classification in Mental
Retardation or criteria in the current edition of the
Diagnostic and Statistical Manual of Mental Disorders for

HB4049 Enrolled - 1379 - LRB099 03667 KTG 23678 b
severe or profound mental retardation (an IQ of 40 or
below). This must be measured by a standardized instrument
for general intellectual functioning.
(2) A severe or profound level of adaptive behavior.
This must be measured by a standardized adaptive behavior
scale or informal appraisal by the professional in keeping
with illustrations in Classification in Mental
Retardation, 1983.
(3) Disability diagnosed before age of 18.
A determination of a severe or profound intellectual
disability shall be based upon a comprehensive, documented
assessment with an evaluation by a licensed clinical
psychologist, certified school psychologist, a psychiatrist or
other physician licensed to practice medicine in all its
branches, and shall not be based solely on behaviors relating
to environmental, cultural or economic differences.
(k) "Severe and multiple impairments" means the
manifestation of all the following characteristics:
(1) The evaluation determines the presence of a
developmental disability which is expected to continue
indefinitely, constitutes a substantial disability
handicap and is attributable to any of the following:
(A) Intellectual disability, which is defined as
general intellectual functioning that is 2 or more
standard deviations below the mean concurrent with
impairment of adaptive behavior which is 2 or more

HB4049 Enrolled - 1380 - LRB099 03667 KTG 23678 b
standard deviations below the mean. Assessment of the
individual's intellectual functioning must be measured
by a standardized instrument for general intellectual
functioning.
(B) Cerebral palsy.
(C) Epilepsy.
(D) Autism.
(E) Any other condition which results in
impairment similar to that caused by an intellectual
disability and which requires services similar to
those required by persons with intellectual
disabilities intellectually disabled persons.
(2) The evaluation determines multiple disabilities
handicaps in physical, sensory, behavioral or cognitive
functioning which constitute a severe or profound
impairment attributable to one or more of the following:
(A) Physical functioning, which severely impairs
the individual's motor performance that may be due to:
(i) Neurological, psychological or physical
involvement resulting in a variety of disabling
conditions such as hemiplegia, quadriplegia or
ataxia,
(ii) Severe organ systems involvement such as
congenital heart defect,
(iii) Physical abnormalities resulting in the
individual being non-mobile and non-ambulatory or

HB4049 Enrolled - 1381 - LRB099 03667 KTG 23678 b
confined to bed and receiving assistance in
transferring, or
(iv) The need for regular medical or nursing
supervision such as gastrostomy care and feeding.
Assessment of physical functioning must be based
on clinical medical assessment, using the appropriate
instruments, techniques and standards of measurement
required by the professional.
(B) Sensory, which involves severe restriction due
to hearing or visual impairment limiting the
individual's movement and creating dependence in
completing most daily activities. Hearing impairment
is defined as a loss of 70 decibels aided or speech
discrimination of less than 50% aided. Visual
impairment is defined as 20/200 corrected in the better
eye or a visual field of 20 degrees or less. Sensory
functioning must be based on clinical medical
assessment using the appropriate instruments,
techniques and standards of measurement required by
the professional.
(C) Behavioral, which involves behavior that is
maladaptive and presents a danger to self or others, is
destructive to property by deliberately breaking,
destroying or defacing objects, is disruptive by
fighting, or has other socially offensive behaviors in
sufficient frequency or severity to seriously limit

HB4049 Enrolled - 1382 - LRB099 03667 KTG 23678 b
social integration. Assessment of behavioral
functioning may be measured by a standardized scale or
informal appraisal by the medical professional.
(D) Cognitive, which involves intellectual
functioning at a measured IQ of 70 or below. Assessment
of cognitive functioning must be measured by a
standardized instrument for general intelligence.
(3) The evaluation determines that development is
substantially less than expected for the age in cognitive,
affective or psychomotor behavior as follows:
(A) Cognitive, which involves intellectual
functioning at a measured IQ of 70 or below. Assessment
of cognitive functioning must be measured by a
standardized instrument for general intelligence.
(B) Affective behavior, which involves over and
under responding to stimuli in the environment and may
be observed in mood, attention to awareness, or in
behaviors such as euphoria, anger or sadness that
seriously limit integration into society. Affective
behavior must be based on clinical medical and
psychiatric assessment using the appropriate
instruments, techniques and standards of measurement
required by the professional.
(C) Psychomotor, which includes a severe
developmental delay in fine or gross motor skills so
that development in self-care, social interaction,

HB4049 Enrolled - 1383 - LRB099 03667 KTG 23678 b
communication or physical activity will be greatly
delayed or restricted.
(4) A determination that the disability originated
before the age of 18 years.
A determination of severe and multiple impairments shall be
based upon a comprehensive, documented assessment with an
evaluation by a licensed clinical psychologist or
psychiatrist. If the examiner is a licensed clinical
psychologist, ancillary evaluation of physical impairment,
cerebral palsy or epilepsy must be made by a physician licensed
to practice medicine in all its branches.
Regardless of the discipline of the examiner, ancillary
evaluation of visual impairment must be made by an
ophthalmologist or a licensed optometrist.
Regardless of the discipline of the examiner, ancillary
evaluation of hearing impairment must be made by an
otolaryngologist or an audiologist with a certificate of
clinical competency.
The only exception to the above is in the case of a person
with cerebral palsy or epilepsy who, according to the
eligibility criteria listed below, has multiple impairments
which are only physical and sensory. In such a case, a
physician licensed to practice medicine in all its branches may
serve as the examiner.
(Source: P.A. 97-227, eff. 1-1-12.)

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(405 ILCS 80/3-4) (from Ch. 91 1/2, par. 1803-4)
Sec. 3-4. The Department shall establish a Family
Assistance Program for Children with Mental Disabilities
Mentally Disabled Children ("the Program") under this Article.
The purpose of the Program is to strengthen and promote the
family and to prevent the out-of-home placement of children
with mental disabilities mentally disabled children. The
Department shall implement the purpose of the Program by
providing funds directly to families to defray some of the
costs of caring for family members who have mental disabilities
mentally disabled family members, thereby preventing or
delaying the out-of-home placement of family members.
(Source: P.A. 86-921.)
(405 ILCS 80/3-9.1) (from Ch. 91 1/2, par. 1803-9.1)
Sec. 3-9.1. If an individual is terminated from the Program
solely because the individual has attained the age of 18 years,
the individual shall be allowed, through a transition process,
to enter the Home-Based Support Program for Adults with Mental
Disabilities Mentally Disabled Adults if he or she meets the
eligibility requirements set forth in Article II for that
program.
(Source: P.A. 87-447.)
(405 ILCS 80/3-11) (from Ch. 91 1/2, par. 1803-11)
Sec. 3-11. Families will be required to provide assurances

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that the stipend will be used for the benefit of the person
with a disability disabled person such that it will insure
their continued successive development. Annually, the family
shall submit to the Department a written statement signed by
the family member's parent or legal guardian which states that
the stipend was used to meet the special needs of the family.
(Source: P.A. 86-921.)
(405 ILCS 80/4-1) (from Ch. 91 1/2, par. 1804-1)
Sec. 4-1. The Department of Human Services may provide
access to home-based and community-based services for children
and adults with mental disabilities mentally disabled children
and adults through the designation of local screening and
assessment units and community support teams. The screening and
assessment units shall provide comprehensive assessment;
develop individual service plans; link the persons with mental
disabilities and their families to community providers for
implementation of the plan; and monitor the plan's
implementation for the time necessary to insure that the plan
is appropriate and acceptable to the persons with mental
disabilities and their families. The Department also will make
available community support services in each local geographic
area for persons with severe mental disabilities. Community
support teams will provide case management, ongoing guidance
and assistance for persons with mental disabilities mentally
disabled persons; will offer skills training,

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crisis/behavioral intervention, client/family support, and
access to medication management; and provide individual client
assistance to access housing, financial benefits, and
employment-related services.
(Source: P.A. 89-507, eff. 7-1-97.)
(405 ILCS 80/5-1) (from Ch. 91 1/2, par. 1805-1)
Sec. 5-1. As the mental health and developmental
disabilities or intellectual disabilities authority for the
State of Illinois, the Department of Human Services shall have
the authority to license, certify and prescribe standards
governing the programs and services provided under this Act, as
well as all other agencies or programs which provide home-based
or community-based services to persons with mental
disabilities the mentally disabled, except those services,
programs or agencies established under or otherwise subject to
the Child Care Act of 1969, the Specialized Mental Health
Rehabilitation Act of 2013, or the ID/DD Community Care Act, as
now or hereafter amended, and this Act shall not be construed
to limit the application of those Acts.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
Section 795. The Developmental Disability and Mental
Health Safety Act is amended by changing Sections 5, 15, and 40
as follows:

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(405 ILCS 82/5)
Sec. 5. Legislative Findings. The General Assembly finds
all of the following:
(a) As a result of decades of significant under-funding of
Illinois' developmental disabilities and mental health service
delivery system, the quality of life of individuals with
disabilities has been negatively impacted and, in an
unacceptable number of instances, has resulted in serious
health consequences and even death.
(b) In response to growing concern over the safety of the
State-operated developmental disability facilities, following
a series of resident deaths, the agency designated by the
Governor pursuant to the Protection and Advocacy for Persons
with Developmental Disabilities Developmentally Disabled
Persons Act opened a systemic investigation to examine all such
deaths for a period of time, including the death of a young man
in his twenties, Brian Kent, on October 30, 2002, and released
a public report, "Life and Death in State-Operated
Developmental Disability Institutions," which included
findings and recommendations aimed at preventing such
tragedies in the future.
(c) The documentation of substandard medical care and
treatment of individual residents living in the State-operated
facilities cited in that report necessitate that the State of
Illinois take immediate action to prevent further injuries and

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deaths.
(d) The agency designated by the Governor pursuant to the
Protection and Advocacy for Persons with Developmental
Disabilities Developmentally Disabled Persons Act has also
reviewed conditions and deaths of individuals with
disabilities living in or transferred to community-based
facilities and found similar problems in some of those
settings.
(e) The circumstances associated with deaths in both
State-operated facilities and community-based facilities, and
review of the State's investigations and findings regarding
these incidents, demonstrate that the current federal and State
oversight and investigatory systems are seriously
under-funded.
(f) An effective mortality review process enables state
service systems to focus on individual deaths and consider the
broader issues, policies, and practices that may contribute to
these tragedies. This critical information, when shared with
public and private facilities, can help to reduce circumstances
that place individuals at high risk of serious harm and even
death.
(g) The purpose of this Act is to establish within the
Department of Human Services a low-cost, volunteer-based
mortality review process conducted by an independent team of
experts that will enhance the health and safety of the
individuals served by Illinois' developmental disability and

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mental health service delivery systems.
(h) This independent team of experts will be comparable to
2 existing types of oversight teams: the Abuse Prevention
Review Team created under the jurisdiction of the Department of
Public Health, which examines deaths of individuals living in
long-term care facilities, and Child Death Review Teams created
under the jurisdiction of the Department of Children and Family
Services, which reviews the deaths of children.
(Source: P.A. 96-1235, eff. 1-1-11.)
(405 ILCS 82/15)
Sec. 15. Mortality Review Process.
(a) The Department of Human Services shall develop an
independent team of experts from the academic, private, and
public sectors to examine all deaths at facilities and
community agencies.
(b) The Secretary of Human Services, in consultation with
the Director of Public Health, shall appoint members to the
independent team of experts, which shall consist of at least
one member from each of the following categories:
1. Physicians experienced in providing medical care to
individuals with developmental disabilities.
2. Physicians experienced in providing medical care to
individuals with mental illness.
3. Registered nurses experienced in providing medical
care to individuals with developmental disabilities.

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4. Registered nurses experienced in providing medical
care to individuals with mental illness.
5. Psychiatrists.
6. Psychologists.
7. Representatives of the Department of Human Services
who are not employed at the facility at which the death
occurred.
8. Representatives of the Department of Public Health.
9. Representatives of the agency designated by the
Governor pursuant to the Protection and Advocacy for
Persons with Developmental Disabilities Developmentally
Disabled Persons Act.
10. State's Attorneys or State's Attorneys'
representatives.
11. Coroners or forensic pathologists.
12. Representatives of local hospitals, trauma
centers, or providers of emergency medical services.
13. Other categories of persons, as the Secretary of
Human Services may see fit.
The independent team of experts may make recommendations to
the Secretary of Human Services concerning additional
appointments. Each team member must have demonstrated
experience and an interest in investigating, treating, or
preventing the deaths of individuals with disabilities. The
Secretary of Human Services shall appoint additional teams if
the Secretary or the existing team determines that more teams

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are necessary to accomplish the purposes of this Act. The
members of a team shall be appointed for 2-year staggered terms
and shall be eligible for reappointment upon the expiration of
their terms. Each independent team shall select a Chairperson
from among its members.
(c) The independent team of experts shall examine the
deaths of all individuals who have died while under the care of
a facility or community agency.
(d) The purpose of the independent team of experts'
examination of such deaths is to do the following:
1. Review the cause and manner of the individual's
death.
2. Review all actions taken by the facility, State
agencies, or other entities to address the cause or causes
of death and the adequacy of medical care and treatment.
3. Evaluate the means, if any, by which the death might
have been prevented.
4. Report its observations and conclusions to the
Secretary of Human Services and make recommendations that
may help to reduce the number of unnecessary deaths.
5. Promote continuing education for professionals
involved in investigating and preventing the unnecessary
deaths of individuals under the care of a facility or
community agency.
6. Make specific recommendations to the Secretary of
Human Services concerning the prevention of unnecessary

HB4049 Enrolled - 1392 - LRB099 03667 KTG 23678 b
deaths of individuals under the care of facilities and
community agencies, including changes in policies and
practices that will prevent harm to individuals with
disabilities, and the establishment of protocols for
investigating the deaths of these individuals.
(e) The independent team of experts must examine the cases
submitted to it on a quarterly basis. The team shall meet at
least once in each calendar quarter if there are cases to be
examined. The Department of Human Services shall forward cases
within 90 days after completion of a review or an investigation
into the death of an individual residing at a facility or
community agency.
(f) Within 90 days after receiving recommendations made by
the independent team of experts under subsection (d) of this
Section, the Secretary of Human Services must review those
recommendations, as feasible and appropriate, and shall
respond to the team in writing to explain the implementation of
those recommendations.
(g) The Secretary of Human Services shall establish
protocols governing the operation of the independent team.
Those protocols shall include the creation of sub-teams to
review the case records or portions of the case records and
report to the full team. The members of a sub-team shall be
composed of team members specially qualified to examine those
records. In any instance in which the independent team does not
operate in accordance with established protocol, the Secretary

HB4049 Enrolled - 1393 - LRB099 03667 KTG 23678 b
of Human Services shall take any necessary actions to bring the
team into compliance with the protocol.
(Source: P.A. 96-1235, eff. 1-1-11.)
(405 ILCS 82/40)
Sec. 40. Rights information. The Department of Human
Services shall ensure that individuals with disabilities and
their guardians and families receive sufficient information
regarding their rights, including the right to be safe, the
right to be free from abuse and neglect, the right to receive
quality services, and the right to an adequate discharge plan
and timely transition to the least restrictive setting to meet
their individual needs and desires. The Department shall
provide this information, which shall be developed in
collaboration with the agency designated by the Governor
pursuant to the Protection and Advocacy for Persons with
Developmental Disabilities Developmentally Disabled Persons
Act, in order to allow individuals with disabilities and their
guardians and families to make informed decisions regarding the
provision of services that can meet the individual's needs and
desires. The Department shall provide this information to all
facilities and community agencies to be made available upon
admission and at least annually thereafter for as long as the
individual remains in the facility.
(Source: P.A. 96-1235, eff. 1-1-11.)

HB4049 Enrolled - 1394 - LRB099 03667 KTG 23678 b
Section 800. The Home Environment Living Program Act is
amended by changing Section 3 as follows:
(405 ILCS 85/3) (from Ch. 91 1/2, par. 2003)
Sec. 3. Definitions. In this Act:
(a) "Department" means the Department of Human Services.
(b) "Project HELP" means the Home Environment Living
Program.
(c) "Home caregiver" means a substitute family home which
provides services and care to a child or adult who is a person
with a severe disability severely disabled.
(Source: P.A. 89-507, eff. 7-1-97.)
Section 805. The Elevator Tactile Identification Act is
amended by changing Section 1 as follows:
(410 ILCS 30/1) (from Ch. 111 1/2, par. 3901)
Sec. 1. In each building, including commercial,
residential and institutional structures, served during
regular business hours by an unsupervised automatic passenger
elevator for use by the general public, the elevator, or at
least the left elevator where there is more than one elevator
in any bank of elevators, shall be equipped with elevator
controls, within the elevator and at each floor level served by
the elevator, which have tactile identification or braille
markings, pursuant to the following schedule:

HB4049 Enrolled - 1395 - LRB099 03667 KTG 23678 b
(a) New elevators for which building permits are issued
after the effective date of this Act or October 1, 1977,
whichever date is later - immediately;
(b) Existing elevators undergoing renovation of the
control panel for which building permits are issued after the
effective date of this Act or October 1, 1977, whichever date
is later - immediately;
(c) Existing elevators not undergoing renovation, the
earlier of:
(1) 90 days after the effective date of Federal standards
governing elevator control markings applicable to privately
owned buildings, or
(2) June 30, 1980.
All tactile identification except braille shall be in
contrasting colors and consist of raised letters, numbers,
labels or plaques for persons with a visual disability the
visually handicapped.
(Source: P.A. 80-384.)
Section 810. The Child Vision and Hearing Test Act is
amended by changing Sections 3 and 7 as follows:
(410 ILCS 205/3) (from Ch. 23, par. 2333)
Sec. 3. Vision and hearing screening services shall be
administered to all children as early as possible, but no later
than their first year in any public or private education

HB4049 Enrolled - 1396 - LRB099 03667 KTG 23678 b
program, licensed day care center or residential facility for
children with disabilities handicapped children; and
periodically thereafter, to identify those children with
vision or hearing impairments or both so that such conditions
can be managed or treated.
(Source: P.A. 81-174.)
(410 ILCS 205/7) (from Ch. 23, par. 2337)
Sec. 7. The Director shall appoint a Children's Hearing
Services Advisory Committee and a Children's Vision Services
Advisory Committee. The membership of each committee shall not
exceed 10 individuals. In making appointments to the Children's
Hearing Services Advisory Committee, the Director shall
appoint individuals with knowledge of or experience in the
problems of children with a hearing disability hearing
handicapped children and shall appoint at least 2 licensed
physicians who specialize in the field of otolaryngology and
are recommended by that organization representing the largest
number of physicians licensed to practice medicine in all of
its branches in the State of Illinois, and at least 2
audiologists. In making appointments to the Children's Vision
Services Advisory Committee, the Director shall appoint 2
members (and one alternate) recommended by the Illinois Society
for the Prevention of Blindness, 2 licensed physicians (and one
alternate) who specialize in ophthalmology and are recommended
by that organization representing the largest number of

HB4049 Enrolled - 1397 - LRB099 03667 KTG 23678 b
physicians licensed to practice medicine in all of its branches
in the State of Illinois, and 2 licensed optometrists (and one
alternate) recommended by that organization representing the
largest number of licensed optometrists in the State of
Illinois, as members of the Children's Vision Services Advisory
Committee.
The Children's Hearing Services Advisory Committee shall
advise the Department in the implementation and administration
of the hearing services program and in the development of rules
and regulations pertaining to that program. The Children's
Vision Services Advisory Committee shall advise the Department
in the development of rules and regulations pertaining to that
program. Each committee shall select a chairman from its
membership and shall meet at least once in each calendar year.
The members of the Advisory Committees shall receive no
compensation for their services; however, the nongovernmental
members shall be reimbursed for actual expenses incurred in the
performance of their duties in accordance with the State of
Illinois travel regulations.
(Source: P.A. 90-655, eff. 7-30-98.)
Section 815. The Developmental Disability Prevention Act
is amended by changing Sections 1, 2, 3, and 11 as follows:
(410 ILCS 250/1) (from Ch. 111 1/2, par. 2101)
Sec. 1.

HB4049 Enrolled - 1398 - LRB099 03667 KTG 23678 b
It is hereby declared to be the policy of the State of
Illinois that the prevention of perinatal mortality and
conditions leading to developmental disabilities and other
handicapping disabilities is a high priority for attention.
Efforts to reduce the incidence of perinatal risk factors by
early identification and management of the high risk woman of
childbearing age, fetus and newborn will not only decrease the
predisposition to disability but will also prove to be a
cost-effective endeavor, reducing State and private
expenditures for the care and maintenance of those persons
whose disability was a result of disabled from perinatal risk
factors.
(Source: P.A. 78-557.)
(410 ILCS 250/2) (from Ch. 111 1/2, par. 2102)
Sec. 2. As used in this Act:
a "perinatal" means the period of time between the
conception of an infant and the end of the first month of life;
b "congenital" means those intrauterine factors which
influence the growth, development and function of the fetus;
c "environmental" means those extrauterine factors which
influence the adaptation, well being or life of the newborn and
may lead to disability;
d "high risk" means an increased level of risk of harm or
mortality to the woman of childbearing age, fetus or newborn
from congenital and/or environmental factors;

HB4049 Enrolled - 1399 - LRB099 03667 KTG 23678 b
e "perinatal center" means a referral facility intended to
care for the high risk patient before, during, or after labor
and delivery and characterized by sophistication and
availability of personnel, equipment, laboratory,
transportation techniques, consultation and other support
services;
f "developmental disability" means an intellectual
disability, cerebral palsy, epilepsy, or other neurological
disabling handicapping conditions of an individual found to be
closely related to an intellectual disability or to require
treatment similar to that required by individuals with an
intellectual disability intellectually disabled individuals,
and the disability originates before such individual attains
age 18, and has continued, or can be expected to continue
indefinitely, and constitutes a substantial disability
handicap of such individuals;
g "disability" means a condition characterized by
temporary or permanent, partial or complete impairment of
physical, mental or physiological function;
h "Department" means the Department of Public Health.
(Source: P.A. 97-227, eff. 1-1-12.)
(410 ILCS 250/3) (from Ch. 111 1/2, par. 2103)
Sec. 3. By January 1, 1974, the Department, in conjunction
with its appropriate advisory planning committee, shall
develop standards for all levels of hospital perinatal care to

HB4049 Enrolled - 1400 - LRB099 03667 KTG 23678 b
include regional perinatal centers. Such standards shall
recognize and correlate with the Hospital Licensing Act
approved July 1, 1953, as amended. The standards shall assure
that:
(a) facilities are equipped and prepared to stabilize
infants prior to transport;
(b) coordination exists between general maternity care and
perinatal centers;
(c) unexpected complications during delivery can be
properly managed;
(d) all high risk pregnancies and childbirths are reviewed
at each hospital or maternity center to determine if such
children are born with a disabling handicapping condition or
developmental disability that threatens life or development;
(e) procedures are implemented to identify and report to
the Department all births of children with disabling
handicapping conditions or developmental disabilities that
threaten life or development;
(f) children identified as having a disabling handicapping
condition or developmental disability that threatens life or
development are promptly evaluated in consultation with
designated regional perinatal centers and referred, when
appropriate, to such centers, or to other medical specialty
services, as approved by the Department and in accordance with
the level of perinatal care authorized for each hospital or
maternity care center for the proper management and treatment

HB4049 Enrolled - 1401 - LRB099 03667 KTG 23678 b
of such condition or disability;
(g) hospital or maternity centers conduct postnatal
reviews of all perinatal deaths as well as reviews of the
births of children born with disabling handicapping conditions
or developmental disabilities that threaten life or
development, utilizing criteria of case selection developed by
such hospitals or maternity centers, or the appropriate medical
staff committees thereof, in order to determine the
appropriateness of diagnosis and treatment and the adequacy of
procedures to prevent such disabilities or the loss of life;
(h) high risk mothers and their spouses are provided
information, referral and counseling services to ensure
informed consent to the treatment of children born with
disabling handicapping conditions or developmental
disabilities;
(i) parents and families are provided information,
referral and counseling services to assist in obtaining
habilitation, rehabilitation and special education services
for children born with disabling handicapping conditions or
developmental disabilities, so that such children have an
opportunity to realize full potential. Such standards shall
include, but not be limited to, the establishment of procedures
for notification of the appropriate State and local educational
service agencies regarding children who may require evaluation
and assessment under such agencies;
(j) consultation when indicated is provided for and

HB4049 Enrolled - 1402 - LRB099 03667 KTG 23678 b
available. Perinatal centers shall provide care for the high
risk expectant mother who may deliver a distressed infant or
infant with a disability or disabled infant. Such centers shall
also provide intensive care to the high risk newborn whose life
or physical well-being is in jeopardy. Standards shall include
the availability of: 1 trained personnel; 2 trained neonatal
nursing staff; 3 x-ray and laboratory equipment available on a
24-hour basis; 4 infant monitoring equipment; 5 transportation
of mothers and/or infants; 6 genetic services; 7 surgical and
cardiology consultation; and 8 other support services as may be
required.
The standards under this Section shall be established by
rules and regulations of the Department. Such standards shall
be deemed sufficient for the purposes of this Act if they
require the perinatal care facilities to submit plans or enter
into agreements with the Department which adequately address
the requirements of paragraphs (a) through (j) above.
(Source: P.A. 84-1308.)
(410 ILCS 250/11) (from Ch. 111 1/2, par. 2111)
Sec. 11.
The Department shall develop by July 1, 1974, and revise as
necessary each year thereafter, criteria for the
identification of mothers at risk of delivering a child whose
life or development may be threatened by a disabling
handicapping condition. Such criteria shall include but need

HB4049 Enrolled - 1403 - LRB099 03667 KTG 23678 b
not be limited to: (1) history of premature births; (2)
complications in pregnancy including toxemia; (3) onset of
rubella during pregnancy; (4) extreme age; and (5) incompatible
blood group.
(Source: P.A. 78-557.)
Section 820. The Space Heating Safety Act is amended by
changing Section 9 as follows:
(425 ILCS 65/9) (from Ch. 127 1/2, par. 709)
Sec. 9. Prohibited Use of Kerosene Heaters. The use of
kerosene fueled heaters will be prohibited under any
circumstances in the following types of structures:
(i) Nursing homes or convalescent centers;
(ii) Day-care centers having children present;
(iii) Any type of center for persons with disabilities the
handicapped;
(iv) Common areas of multifamily dwellings;
(v) Hospitals;
(vi) Structures more than 3 stories in height; and
(vii) Structures open to the public which have a capacity
for 50 or more persons.
(Source: P.A. 84-834.)
Section 825. The Illinois Poison Prevention Packaging Act
is amended by changing Section 4 as follows:

HB4049 Enrolled - 1404 - LRB099 03667 KTG 23678 b
(430 ILCS 40/4) (from Ch. 111 1/2, par. 294)
Sec. 4.
(a) For the purpose of making any household substance which
is subject to a standard established under Section 3 readily
available to elderly persons or persons with disabilities or
handicapped persons unable to use such substance when packaged
in compliance with such standard, the manufacturer or packer,
as the case may be, may package any household substance,
subject to such a standard, in packaging of a single size which
does not comply with such standard if:
(1) the manufacturer or packer also supplies such substance
in packages which comply with such standard; and
(2) the packages of such substance which do not meet such
standard bear conspicuous labeling stating: "This package for
households without young children"; except that the Director
may by regulation prescribe a substitute statement to the same
effect for packaging too small to accommodate such labeling.
(b) In the case of a household substance which is subject
to such a standard and which is dispensed pursuant to an order
of a physician, dentist, or other licensed medical practitioner
authorized to prescribe, such substance may be dispensed in
noncomplying packages only when directed in such order or when
requested by the purchaser.
(c) In the case of a household substance subject to such a
standard which is packaged under subsection (a) in a

HB4049 Enrolled - 1405 - LRB099 03667 KTG 23678 b
noncomplying package, if the Director determines that such
substance is not also being supplied by a manufacturer or
packer in popular size packages which comply with such
standard, he may, after giving the manufacturer or packer an
opportunity to comply with the purposes of this Act, by order
require such substance to be packaged by such manufacturer or
packer exclusively in special packaging complying with such
standard if he finds, after opportunity for hearing, that such
exclusive use of special packaging is necessary to accomplish
the purposes of this Act.
(Source: P.A. 77-2158.)
Section 830. The Firearm Owners Identification Card Act is
amended by changing Sections 1.1, 4, 8, and 8.1 as follows:
(430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
Sec. 1.1. For purposes of this Act:
"Addicted to narcotics" means a person who has been:
(1) convicted of an offense involving the use or
possession of cannabis, a controlled substance, or
methamphetamine within the past year; or
(2) determined by the Department of State Police to be
addicted to narcotics based upon federal law or federal
guidelines.
"Addicted to narcotics" does not include possession or use
of a prescribed controlled substance under the direction and

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authority of a physician or other person authorized to
prescribe the controlled substance when the controlled
substance is used in the prescribed manner.
"Adjudicated as a person with a mental disability" mentally
disabled person" means the person is the subject of a
determination by a court, board, commission or other lawful
authority that the person, as a result of marked subnormal
intelligence, or mental illness, mental impairment,
incompetency, condition, or disease:
(1) presents a clear and present danger to himself,
herself, or to others;
(2) lacks the mental capacity to manage his or her own
affairs or is adjudicated a person with a disability
disabled person as defined in Section 11a-2 of the Probate
Act of 1975;
(3) is not guilty in a criminal case by reason of
insanity, mental disease or defect;
(3.5) is guilty but mentally ill, as provided in
Section 5-2-6 of the Unified Code of Corrections;
(4) is incompetent to stand trial in a criminal case;
(5) is not guilty by reason of lack of mental
responsibility under Articles 50a and 72b of the Uniform
Code of Military Justice, 10 U.S.C. 850a, 876b;
(6) is a sexually violent person under subsection (f)
of Section 5 of the Sexually Violent Persons Commitment
Act;

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(7) is a sexually dangerous person under the Sexually
Dangerous Persons Act;
(8) is unfit to stand trial under the Juvenile Court
Act of 1987;
(9) is not guilty by reason of insanity under the
Juvenile Court Act of 1987;
(10) is subject to involuntary admission as an
inpatient as defined in Section 1-119 of the Mental Health
and Developmental Disabilities Code;
(11) is subject to involuntary admission as an
outpatient as defined in Section 1-119.1 of the Mental
Health and Developmental Disabilities Code;
(12) is subject to judicial admission as set forth in
Section 4-500 of the Mental Health and Developmental
Disabilities Code; or
(13) is subject to the provisions of the Interstate
Agreements on Sexually Dangerous Persons Act.
"Clear and present danger" means a person who:
(1) communicates a serious threat of physical violence
against a reasonably identifiable victim or poses a clear
and imminent risk of serious physical injury to himself,
herself, or another person as determined by a physician,
clinical psychologist, or qualified examiner; or
(2) demonstrates threatening physical or verbal
behavior, such as violent, suicidal, or assaultive
threats, actions, or other behavior, as determined by a

HB4049 Enrolled - 1408 - LRB099 03667 KTG 23678 b
physician, clinical psychologist, qualified examiner,
school administrator, or law enforcement official.
"Clinical psychologist" has the meaning provided in
Section 1-103 of the Mental Health and Developmental
Disabilities Code.
"Controlled substance" means a controlled substance or
controlled substance analog as defined in the Illinois
Controlled Substances Act.
"Counterfeit" means to copy or imitate, without legal
authority, with intent to deceive.
"Developmentally disabled" means a disability which is
attributable to any other condition which results in impairment
similar to that caused by an intellectual disability and which
requires services similar to those required by intellectually
disabled persons. The disability must originate before the age
of 18 years, be expected to continue indefinitely, and
constitute a substantial handicap.
"Federally licensed firearm dealer" means a person who is
licensed as a federal firearms dealer under Section 923 of the
federal Gun Control Act of 1968 (18 U.S.C. 923).
"Firearm" means any device, by whatever name known, which
is designed to expel a projectile or projectiles by the action
of an explosion, expansion of gas or escape of gas; excluding,
however:
(1) any pneumatic gun, spring gun, paint ball gun, or
B-B gun which expels a single globular projectile not

HB4049 Enrolled - 1409 - LRB099 03667 KTG 23678 b
exceeding .18 inch in diameter or which has a maximum
muzzle velocity of less than 700 feet per second;
(1.1) any pneumatic gun, spring gun, paint ball gun, or
B-B gun which expels breakable paint balls containing
washable marking colors;
(2) any device used exclusively for signalling or
safety and required or recommended by the United States
Coast Guard or the Interstate Commerce Commission;
(3) any device used exclusively for the firing of stud
cartridges, explosive rivets or similar industrial
ammunition; and
(4) an antique firearm (other than a machine-gun)
which, although designed as a weapon, the Department of
State Police finds by reason of the date of its
manufacture, value, design, and other characteristics is
primarily a collector's item and is not likely to be used
as a weapon.
"Firearm ammunition" means any self-contained cartridge or
shotgun shell, by whatever name known, which is designed to be
used or adaptable to use in a firearm; excluding, however:
(1) any ammunition exclusively designed for use with a
device used exclusively for signalling or safety and
required or recommended by the United States Coast Guard or
the Interstate Commerce Commission; and
(2) any ammunition designed exclusively for use with a
stud or rivet driver or other similar industrial

HB4049 Enrolled - 1410 - LRB099 03667 KTG 23678 b
ammunition.
"Gun show" means an event or function:
(1) at which the sale and transfer of firearms is the
regular and normal course of business and where 50 or more
firearms are displayed, offered, or exhibited for sale,
transfer, or exchange; or
(2) at which not less than 10 gun show vendors display,
offer, or exhibit for sale, sell, transfer, or exchange
firearms.
"Gun show" includes the entire premises provided for an
event or function, including parking areas for the event or
function, that is sponsored to facilitate the purchase, sale,
transfer, or exchange of firearms as described in this Section.
"Gun show" does not include training or safety classes,
competitive shooting events, such as rifle, shotgun, or handgun
matches, trap, skeet, or sporting clays shoots, dinners,
banquets, raffles, or any other event where the sale or
transfer of firearms is not the primary course of business.
"Gun show promoter" means a person who organizes or
operates a gun show.
"Gun show vendor" means a person who exhibits, sells,
offers for sale, transfers, or exchanges any firearms at a gun
show, regardless of whether the person arranges with a gun show
promoter for a fixed location from which to exhibit, sell,
offer for sale, transfer, or exchange any firearm.
"Intellectually disabled" means significantly subaverage

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general intellectual functioning which exists concurrently
with impairment in adaptive behavior and which originates
before the age of 18 years.
"Involuntarily admitted" has the meaning as prescribed in
Sections 1-119 and 1-119.1 of the Mental Health and
Developmental Disabilities Code.
"Mental health facility" means any licensed private
hospital or hospital affiliate, institution, or facility, or
part thereof, and any facility, or part thereof, operated by
the State or a political subdivision thereof which provide
treatment of persons with mental illness and includes all
hospitals, institutions, clinics, evaluation facilities,
mental health centers, colleges, universities, long-term care
facilities, and nursing homes, or parts thereof, which provide
treatment of persons with mental illness whether or not the
primary purpose is to provide treatment of persons with mental
illness.
"Patient" means:
(1) a person who voluntarily receives mental health
treatment as an in-patient or resident of any public or
private mental health facility, unless the treatment was
solely for an alcohol abuse disorder and no other secondary
substance abuse disorder or mental illness; or
(2) a person who voluntarily receives mental health
treatment as an out-patient or is provided services by a
public or private mental health facility, and who poses a

HB4049 Enrolled - 1412 - LRB099 03667 KTG 23678 b
clear and present danger to himself, herself, or to others.
"Person with a developmental disability" means a person
with a disability which is attributable to any other condition
which results in impairment similar to that caused by an
intellectual disability and which requires services similar to
those required by persons with intellectual disabilities. The
disability must originate before the age of 18 years, be
expected to continue indefinitely, and constitute a
substantial disability.
"Person with an intellectual disability" means a person
with a significantly subaverage general intellectual
functioning which exists concurrently with impairment in
adaptive behavior and which originates before the age of 18
years.
"Physician" has the meaning as defined in Section 1-120 of
the Mental Health and Developmental Disabilities Code.
"Qualified examiner" has the meaning provided in Section
1-122 of the Mental Health and Developmental Disabilities Code.
"Sanctioned competitive shooting event" means a shooting
contest officially recognized by a national or state shooting
sport association, and includes any sight-in or practice
conducted in conjunction with the event.
"School administrator" means the person required to report
under the School Administrator Reporting of Mental Health Clear
and Present Danger Determinations Law.
"Stun gun or taser" has the meaning ascribed to it in

HB4049 Enrolled - 1413 - LRB099 03667 KTG 23678 b
Section 24-1 of the Criminal Code of 2012.
(Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13;
97-1167, eff. 6-1-13; 98-63, eff. 7-9-13.)
(430 ILCS 65/4) (from Ch. 38, par. 83-4)
Sec. 4. (a) Each applicant for a Firearm Owner's
Identification Card must:
(1) Make application on blank forms prepared and
furnished at convenient locations throughout the State by
the Department of State Police, or by electronic means, if
and when made available by the Department of State Police;
and
(2) Submit evidence to the Department of State Police
that:
(i) He or she is 21 years of age or over, or if he
or she is under 21 years of age that he or she has the
written consent of his or her parent or legal guardian
to possess and acquire firearms and firearm ammunition
and that he or she has never been convicted of a
misdemeanor other than a traffic offense or adjudged
delinquent, provided, however, that such parent or
legal guardian is not an individual prohibited from
having a Firearm Owner's Identification Card and files
an affidavit with the Department as prescribed by the
Department stating that he or she is not an individual
prohibited from having a Card;

HB4049 Enrolled - 1414 - LRB099 03667 KTG 23678 b
(ii) He or she has not been convicted of a felony
under the laws of this or any other jurisdiction;
(iii) He or she is not addicted to narcotics;
(iv) He or she has not been a patient in a mental
health facility within the past 5 years or, if he or
she has been a patient in a mental health facility more
than 5 years ago submit the certification required
under subsection (u) of Section 8 of this Act;
(v) He or she is not a person with an intellectual
disability intellectually disabled;
(vi) He or she is not an alien who is unlawfully
present in the United States under the laws of the
United States;
(vii) He or she is not subject to an existing order
of protection prohibiting him or her from possessing a
firearm;
(viii) He or she has not been convicted within the
past 5 years of battery, assault, aggravated assault,
violation of an order of protection, or a substantially
similar offense in another jurisdiction, in which a
firearm was used or possessed;
(ix) He or she has not been convicted of domestic
battery, aggravated domestic battery, or a
substantially similar offense in another jurisdiction
committed before, on or after January 1, 2012 (the
effective date of Public Act 97-158). If the applicant

HB4049 Enrolled - 1415 - LRB099 03667 KTG 23678 b
knowingly and intelligently waives the right to have an
offense described in this clause (ix) tried by a jury,
and by guilty plea or otherwise, results in a
conviction for an offense in which a domestic
relationship is not a required element of the offense
but in which a determination of the applicability of 18
U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
Code of Criminal Procedure of 1963, an entry by the
court of a judgment of conviction for that offense
shall be grounds for denying the issuance of a Firearm
Owner's Identification Card under this Section;
(x) (Blank);
(xi) He or she is not an alien who has been
admitted to the United States under a non-immigrant
visa (as that term is defined in Section 101(a)(26) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(26))), or that he or she is an alien who has
been lawfully admitted to the United States under a
non-immigrant visa if that alien is:
(1) admitted to the United States for lawful
hunting or sporting purposes;
(2) an official representative of a foreign
government who is:
(A) accredited to the United States
Government or the Government's mission to an
international organization having its

HB4049 Enrolled - 1416 - LRB099 03667 KTG 23678 b
headquarters in the United States; or
(B) en route to or from another country to
which that alien is accredited;
(3) an official of a foreign government or
distinguished foreign visitor who has been so
designated by the Department of State;
(4) a foreign law enforcement officer of a
friendly foreign government entering the United
States on official business; or
(5) one who has received a waiver from the
Attorney General of the United States pursuant to
18 U.S.C. 922(y)(3);
(xii) He or she is not a minor subject to a
petition filed under Section 5-520 of the Juvenile
Court Act of 1987 alleging that the minor is a
delinquent minor for the commission of an offense that
if committed by an adult would be a felony;
(xiii) He or she is not an adult who had been
adjudicated a delinquent minor under the Juvenile
Court Act of 1987 for the commission of an offense that
if committed by an adult would be a felony;
(xiv) He or she is a resident of the State of
Illinois;
(xv) He or she has not been adjudicated as a person
with a mental disability mentally disabled person;
(xvi) He or she has not been involuntarily admitted

HB4049 Enrolled - 1417 - LRB099 03667 KTG 23678 b
into a mental health facility; and
(xvii) He or she is not a person with a
developmental disability developmentally disabled; and
(3) Upon request by the Department of State Police,
sign a release on a form prescribed by the Department of
State Police waiving any right to confidentiality and
requesting the disclosure to the Department of State Police
of limited mental health institution admission information
from another state, the District of Columbia, any other
territory of the United States, or a foreign nation
concerning the applicant for the sole purpose of
determining whether the applicant is or was a patient in a
mental health institution and disqualified because of that
status from receiving a Firearm Owner's Identification
Card. No mental health care or treatment records may be
requested. The information received shall be destroyed
within one year of receipt.
(a-5) Each applicant for a Firearm Owner's Identification
Card who is over the age of 18 shall furnish to the Department
of State Police either his or her Illinois driver's license
number or Illinois Identification Card number, except as
provided in subsection (a-10).
(a-10) Each applicant for a Firearm Owner's Identification
Card, who is employed as a law enforcement officer, an armed
security officer in Illinois, or by the United States Military
permanently assigned in Illinois and who is not an Illinois

HB4049 Enrolled - 1418 - LRB099 03667 KTG 23678 b
resident, shall furnish to the Department of State Police his
or her driver's license number or state identification card
number from his or her state of residence. The Department of
State Police may adopt rules to enforce the provisions of this
subsection (a-10).
(a-15) If an applicant applying for a Firearm Owner's
Identification Card moves from the residence address named in
the application, he or she shall immediately notify in a form
and manner prescribed by the Department of State Police of that
change of address.
(a-20) Each applicant for a Firearm Owner's Identification
Card shall furnish to the Department of State Police his or her
photograph. An applicant who is 21 years of age or older
seeking a religious exemption to the photograph requirement
must furnish with the application an approved copy of United
States Department of the Treasury Internal Revenue Service Form
4029. In lieu of a photograph, an applicant regardless of age
seeking a religious exemption to the photograph requirement
shall submit fingerprints on a form and manner prescribed by
the Department with his or her application.
(b) Each application form shall include the following
statement printed in bold type: "Warning: Entering false
information on an application for a Firearm Owner's
Identification Card is punishable as a Class 2 felony in
accordance with subsection (d-5) of Section 14 of the Firearm
Owners Identification Card Act.".

HB4049 Enrolled - 1419 - LRB099 03667 KTG 23678 b
(c) Upon such written consent, pursuant to Section 4,
paragraph (a)(2)(i), the parent or legal guardian giving the
consent shall be liable for any damages resulting from the
applicant's use of firearms or firearm ammunition.
(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13;
98-63, eff. 7-9-13.)
(430 ILCS 65/8) (from Ch. 38, par. 83-8)
Sec. 8. Grounds for denial and revocation. The Department
of State Police has authority to deny an application for or to
revoke and seize a Firearm Owner's Identification Card
previously issued under this Act only if the Department finds
that the applicant or the person to whom such card was issued
is or was at the time of issuance:
(a) A person under 21 years of age who has been
convicted of a misdemeanor other than a traffic offense or
adjudged delinquent;
(b) A person under 21 years of age who does not have
the written consent of his parent or guardian to acquire
and possess firearms and firearm ammunition, or whose
parent or guardian has revoked such written consent, or
where such parent or guardian does not qualify to have a
Firearm Owner's Identification Card;
(c) A person convicted of a felony under the laws of
this or any other jurisdiction;

HB4049 Enrolled - 1420 - LRB099 03667 KTG 23678 b
(d) A person addicted to narcotics;
(e) A person who has been a patient of a mental health
facility within the past 5 years or a person who has been a
patient in a mental health facility more than 5 years ago
who has not received the certification required under
subsection (u) of this Section. An active law enforcement
officer employed by a unit of government who is denied,
revoked, or has his or her Firearm Owner's Identification
Card seized under this subsection (e) may obtain relief as
described in subsection (c-5) of Section 10 of this Act if
the officer did not act in a manner threatening to the
officer, another person, or the public as determined by the
treating clinical psychologist or physician, and the
officer seeks mental health treatment;
(f) A person whose mental condition is of such a nature
that it poses a clear and present danger to the applicant,
any other person or persons or the community;
(g) A person who has an intellectual disability is
intellectually disabled;
(h) A person who intentionally makes a false statement
in the Firearm Owner's Identification Card application;
(i) An alien who is unlawfully present in the United
States under the laws of the United States;
(i-5) An alien who has been admitted to the United
States under a non-immigrant visa (as that term is defined
in Section 101(a)(26) of the Immigration and Nationality

HB4049 Enrolled - 1421 - LRB099 03667 KTG 23678 b
Act (8 U.S.C. 1101(a)(26))), except that this subsection
(i-5) does not apply to any alien who has been lawfully
admitted to the United States under a non-immigrant visa if
that alien is:
(1) admitted to the United States for lawful
hunting or sporting purposes;
(2) an official representative of a foreign
government who is:
(A) accredited to the United States Government
or the Government's mission to an international
organization having its headquarters in the United
States; or
(B) en route to or from another country to
which that alien is accredited;
(3) an official of a foreign government or
distinguished foreign visitor who has been so
designated by the Department of State;
(4) a foreign law enforcement officer of a friendly
foreign government entering the United States on
official business; or
(5) one who has received a waiver from the Attorney
General of the United States pursuant to 18 U.S.C.
922(y)(3);
(j) (Blank);
(k) A person who has been convicted within the past 5
years of battery, assault, aggravated assault, violation

HB4049 Enrolled - 1422 - LRB099 03667 KTG 23678 b
of an order of protection, or a substantially similar
offense in another jurisdiction, in which a firearm was
used or possessed;
(l) A person who has been convicted of domestic
battery, aggravated domestic battery, or a substantially
similar offense in another jurisdiction committed before,
on or after January 1, 2012 (the effective date of Public
Act 97-158). If the applicant or person who has been
previously issued a Firearm Owner's Identification Card
under this Act knowingly and intelligently waives the right
to have an offense described in this paragraph (l) tried by
a jury, and by guilty plea or otherwise, results in a
conviction for an offense in which a domestic relationship
is not a required element of the offense but in which a
determination of the applicability of 18 U.S.C. 922(g)(9)
is made under Section 112A-11.1 of the Code of Criminal
Procedure of 1963, an entry by the court of a judgment of
conviction for that offense shall be grounds for denying an
application for and for revoking and seizing a Firearm
Owner's Identification Card previously issued to the
person under this Act;
(m) (Blank);
(n) A person who is prohibited from acquiring or
possessing firearms or firearm ammunition by any Illinois
State statute or by federal law;
(o) A minor subject to a petition filed under Section

HB4049 Enrolled - 1423 - LRB099 03667 KTG 23678 b
5-520 of the Juvenile Court Act of 1987 alleging that the
minor is a delinquent minor for the commission of an
offense that if committed by an adult would be a felony;
(p) An adult who had been adjudicated a delinquent
minor under the Juvenile Court Act of 1987 for the
commission of an offense that if committed by an adult
would be a felony;
(q) A person who is not a resident of the State of
Illinois, except as provided in subsection (a-10) of
Section 4;
(r) A person who has been adjudicated as a person with
a mental disability mentally disabled person;
(s) A person who has been found to have a developmental
disability be developmentally disabled;
(t) A person involuntarily admitted into a mental
health facility; or
(u) A person who has had his or her Firearm Owner's
Identification Card revoked or denied under subsection (e)
of this Section or item (iv) of paragraph (2) of subsection
(a) of Section 4 of this Act because he or she was a
patient in a mental health facility as provided in
subsection (e) of this Section, shall not be permitted to
obtain a Firearm Owner's Identification Card, after the
5-year period has lapsed, unless he or she has received a
mental health evaluation by a physician, clinical
psychologist, or qualified examiner as those terms are

HB4049 Enrolled - 1424 - LRB099 03667 KTG 23678 b
defined in the Mental Health and Developmental
Disabilities Code, and has received a certification that he
or she is not a clear and present danger to himself,
herself, or others. The physician, clinical psychologist,
or qualified examiner making the certification and his or
her employer shall not be held criminally, civilly, or
professionally liable for making or not making the
certification required under this subsection, except for
willful or wanton misconduct. This subsection does not
apply to a person whose firearm possession rights have been
restored through administrative or judicial action under
Section 10 or 11 of this Act.
Upon revocation of a person's Firearm Owner's
Identification Card, the Department of State Police shall
provide notice to the person and the person shall comply with
Section 9.5 of this Act.
(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13;
98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, eff.
7-16-14.)
(430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
Sec. 8.1. Notifications to the Department of State Police.
(a) The Circuit Clerk shall, in the form and manner
required by the Supreme Court, notify the Department of State
Police of all final dispositions of cases for which the

HB4049 Enrolled - 1425 - LRB099 03667 KTG 23678 b
Department has received information reported to it under
Sections 2.1 and 2.2 of the Criminal Identification Act.
(b) Upon adjudication of any individual as a person with a
mental disability mentally disabled person as defined in
Section 1.1 of this Act or a finding that a person has been
involuntarily admitted, the court shall direct the circuit
court clerk to immediately notify the Department of State
Police, Firearm Owner's Identification (FOID) department, and
shall forward a copy of the court order to the Department.
(c) The Department of Human Services shall, in the form and
manner prescribed by the Department of State Police, report all
information collected under subsection (b) of Section 12 of the
Mental Health and Developmental Disabilities Confidentiality
Act for the purpose of determining whether a person who may be
or may have been a patient in a mental health facility is
disqualified under State or federal law from receiving or
retaining a Firearm Owner's Identification Card, or purchasing
a weapon.
(d) If a person is determined to pose a clear and present
danger to himself, herself, or to others:
(1) by a physician, clinical psychologist, or
qualified examiner, or is determined to have a
developmental disability be developmentally disabled by a
physician, clinical psychologist, or qualified examiner,
whether employed by the State or privately, then the
physician, clinical psychologist, or qualified examiner

HB4049 Enrolled - 1426 - LRB099 03667 KTG 23678 b
shall, within 24 hours of making the determination, notify
the Department of Human Services that the person poses a
clear and present danger or has a developmental disability
is developmentally disabled; or
(2) by a law enforcement official or school
administrator, then the law enforcement official or school
administrator shall, within 24 hours of making the
determination, notify the Department of State Police that
the person poses a clear and present danger.
The Department of Human Services shall immediately update
its records and information relating to mental health and
developmental disabilities, and if appropriate, shall notify
the Department of State Police in a form and manner prescribed
by the Department of State Police. The Department of State
Police shall determine whether to revoke the person's Firearm
Owner's Identification Card under Section 8 of this Act. Any
information disclosed under this subsection shall remain
privileged and confidential, and shall not be redisclosed,
except as required under subsection (e) of Section 3.1 of this
Act, nor used for any other purpose. The method of providing
this information shall guarantee that the information is not
released beyond what is necessary for the purpose of this
Section and shall be provided by rule by the Department of
Human Services. The identity of the person reporting under this
Section shall not be disclosed to the subject of the report.
The physician, clinical psychologist, qualified examiner, law

HB4049 Enrolled - 1427 - LRB099 03667 KTG 23678 b
enforcement official, or school administrator making the
determination and his or her employer shall not be held
criminally, civilly, or professionally liable for making or not
making the notification required under this subsection, except
for willful or wanton misconduct.
(e) The Department of State Police shall adopt rules to
implement this Section.
(Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13; 98-600,
eff. 12-6-13.)
Section 835. The Emergency Evacuation Plan for People with
Disabilities Act is amended by changing Sections 10 and 15 as
follows:
(430 ILCS 130/10)
Sec. 10. Emergency evacuation plan for persons with
disabilities required. By January 1, 2004, every high rise
building owner must establish and maintain an emergency
evacuation plan for occupants of the building who have a
disability and disabled occupants of the building who have
notified the owner of their need for assistance. The evacuation
plan must be established even if the owner has not been
notified of a need for evacuation assistance by an occupant of
the building who has a disability a disabled occupant of the
building. As used in this Act, "high rise building" means any
building 80 feet or more in height. The owner is responsible

HB4049 Enrolled - 1428 - LRB099 03667 KTG 23678 b
for maintaining and updating the plan as necessary to ensure
that the plan continues to comply with the provisions of this
Act.
(Source: P.A. 92-705, eff. 7-19-02; 93-345, eff. 7-24-03.)
(430 ILCS 130/15)
Sec. 15. Plan requirements.
(a) Each plan must establish procedures for evacuating
persons with disabilities from the building in the event of an
emergency, when those persons have notified the owner of their
need for assistance.
(b) Each plan must provide for a list to be maintained of
persons who have notified the owner that they have a disability
they are disabled and would require special assistance in the
event of an emergency. The list must include the unit, office,
or room number location that the person with a disability
disabled person occupies in the building. It is the intent of
this Act that these lists must be maintained for the sole
purpose of emergency evacuation. The lists may not be used or
disseminated for any other purpose.
(c) The plan must provide for a means to notify occupants
of the building that a list identifying persons with a
disability in need of emergency evacuation assistance is
maintained by the owner, and the method by which occupants can
place their name on the list.
(d) In hotels and motels, each plan must provide an

HB4049 Enrolled - 1429 - LRB099 03667 KTG 23678 b
opportunity for a guest to identify himself or herself as a
person with a disability in need of emergency evacuation
assistance.
(e) The plan must identify the location and type of any
evacuation assistance devices or assistive technologies that
are available in the building.
If the plan provides for areas of rescue assistance, the
plan must provide that these areas are to be identified by
signs that state "Area of Rescue Assistance" and display the
international symbol of accessibility. Lettering must be
permanent and must comply with Americans with Disabilities Act
Accessibility Guidelines.
(f) Each plan must include recommended procedures to be
followed by building employees, tenants, or guests to assist
persons with disabilities in need of emergency evacuation
assistance.
(g) A copy of the plan must be maintained at all times in a
place that is easily accessible by law enforcement or fire
safety personnel, such as in the management office of the high
rise building, at the security desk, or in the vicinity of the
fireman's elevator recall key, the life safety panel, or the
fire pump room.
(Source: P.A. 92-705, eff. 7-19-02; 93-345, eff. 7-24-03.)
Section 840. The Illinois Premise Alert Program (PAP) Act
is amended by changing Section 15 as follows:

HB4049 Enrolled - 1430 - LRB099 03667 KTG 23678 b
(430 ILCS 132/15)
Sec. 15. Reporting of Special Needs Individuals.
(a) Public safety agencies and suppliers of oxygen
containers used for medical purposes shall make reasonable
efforts to publicize the Premise Alert Program (PAP) database.
Means of publicizing the database include, but are not limited
to, pamphlets and websites.
(b) Families, caregivers, or the individuals with
disabilities or special needs may contact their local law
enforcement agency or fire department or fire protection
district.
(c) Public safety workers are to be cognizant of special
needs individuals they may come across when they respond to
calls. If workers are able to identify individuals who have
special needs, they shall try to ascertain as specifically as
possible what that special need might be. The public safety
worker should attempt to verify the special need as provided in
item (2) of subsection (d).
(d) The disabled individual's name, date of birth, phone
number, residential address or place of employment of the
individual with a disability, and a description of whether
oxygen canisters are kept at that location for medical purposes
should also be obtained for possible entry into the PAP
database.
(1) Whenever possible, it is preferable that written

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permission is obtained from a parent, guardian, family
member, or caregiver of the individual themselves prior to
being entered into the PAP database.
(2) No individual may be entered into a PAP database
unless the special need has been verified. Acceptable means
of verifying a special need for purposes of this program
shall include statements by:
(A) the individual,
(B) family members,
(C) friends,
(D) caregivers, or
(E) medical personnel familiar with the
individual.
(e) For public safety agencies that share the same CAD
database, information collected by one agency serviced by the
CAD database is to be disseminated to all agencies utilizing
that database.
(f) Information received at an incorrect public safety
agency shall be accepted and forwarded to the correct agency as
soon as possible.
(g) All information entered into the PAP database must be
updated every 2 years or when such information changes.
(Source: P.A. 96-788, eff. 8-28-09; 97-333, eff. 8-12-11;
97-476, eff. 8-22-11.)
Section 845. The Animal Control Act is amended by changing

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Sections 15 and 15.1 as follows:
(510 ILCS 5/15) (from Ch. 8, par. 365)
Sec. 15. (a) In order to have a dog deemed "vicious", the
Administrator, Deputy Administrator, or law enforcement
officer must give notice of the infraction that is the basis of
the investigation to the owner, conduct a thorough
investigation, interview any witnesses, including the owner,
gather any existing medical records, veterinary medical
records or behavioral evidence, and make a detailed report
recommending a finding that the dog is a vicious dog and give
the report to the States Attorney's Office and the owner. The
Administrator, State's Attorney, Director or any citizen of the
county in which the dog exists may file a complaint in the
circuit court in the name of the People of the State of
Illinois to deem a dog to be a vicious dog. Testimony of a
certified applied behaviorist, a board certified veterinary
behaviorist, or another recognized expert may be relevant to
the court's determination of whether the dog's behavior was
justified. The petitioner must prove the dog is a vicious dog
by clear and convincing evidence. The Administrator shall
determine where the animal shall be confined during the
pendency of the case.
A dog may not be declared vicious if the court determines
the conduct of the dog was justified because:
(1) the threat, injury, or death was sustained by a

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person who at the time was committing a crime or offense
upon the owner or custodian of the dog, or was committing a
willful trespass or other tort upon the premises or
property owned or occupied by the owner of the animal;
(2) the injured, threatened, or killed person was
abusing, assaulting, or physically threatening the dog or
its offspring, or has in the past abused, assaulted, or
physically threatened the dog or its offspring; or
(3) the dog was responding to pain or injury, or was
protecting itself, its owner, custodian, or member of its
household, kennel, or offspring.
No dog shall be deemed "vicious" if it is a professionally
trained dog for law enforcement or guard duties. Vicious dogs
shall not be classified in a manner that is specific as to
breed.
If the burden of proof has been met, the court shall deem
the dog to be a vicious dog.
If a dog is found to be a vicious dog, the owner shall pay a
$100 public safety fine to be deposited into the Pet Population
Control Fund, the dog shall be spayed or neutered within 10
days of the finding at the expense of its owner and
microchipped, if not already, and the dog is subject to
enclosure. If an owner fails to comply with these requirements,
the animal control agency shall impound the dog and the owner
shall pay a $500 fine plus impoundment fees to the animal
control agency impounding the dog. The judge has the discretion

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to order a vicious dog be euthanized. A dog found to be a
vicious dog shall not be released to the owner until the
Administrator, an Animal Control Warden, or the Director
approves the enclosure. No owner or keeper of a vicious dog
shall sell or give away the dog without approval from the
Administrator or court. Whenever an owner of a vicious dog
relocates, he or she shall notify both the Administrator of
County Animal Control where he or she has relocated and the
Administrator of County Animal Control where he or she formerly
resided.
(b) It shall be unlawful for any person to keep or maintain
any dog which has been found to be a vicious dog unless the dog
is kept in an enclosure. The only times that a vicious dog may
be allowed out of the enclosure are (1) if it is necessary for
the owner or keeper to obtain veterinary care for the dog, (2)
in the case of an emergency or natural disaster where the dog's
life is threatened, or (3) to comply with the order of a court
of competent jurisdiction, provided that the dog is securely
muzzled and restrained with a leash not exceeding 6 feet in
length, and shall be under the direct control and supervision
of the owner or keeper of the dog or muzzled in its residence.
Any dog which has been found to be a vicious dog and which
is not confined to an enclosure shall be impounded by the
Administrator, an Animal Control Warden, or the law enforcement
authority having jurisdiction in such area.
If the owner of the dog has not appealed the impoundment

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order to the circuit court in the county in which the animal
was impounded within 15 working days, the dog may be
euthanized.
Upon filing a notice of appeal, the order of euthanasia
shall be automatically stayed pending the outcome of the
appeal. The owner shall bear the burden of timely notification
to animal control in writing.
Guide dogs for the blind or hearing impaired, support dogs
for persons with physical disabilities the physically
handicapped, accelerant detection dogs, and sentry, guard, or
police-owned dogs are exempt from this Section; provided, an
attack or injury to a person occurs while the dog is performing
duties as expected. To qualify for exemption under this
Section, each such dog shall be currently inoculated against
rabies in accordance with Section 8 of this Act. It shall be
the duty of the owner of such exempted dog to notify the
Administrator of changes of address. In the case of a sentry or
guard dog, the owner shall keep the Administrator advised of
the location where such dog will be stationed. The
Administrator shall provide police and fire departments with a
categorized list of such exempted dogs, and shall promptly
notify such departments of any address changes reported to him.
(c) If the animal control agency has custody of the dog,
the agency may file a petition with the court requesting that
the owner be ordered to post security. The security must be in
an amount sufficient to secure payment of all reasonable

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expenses expected to be incurred by the animal control agency
or animal shelter in caring for and providing for the dog
pending the determination. Reasonable expenses include, but
are not limited to, estimated medical care and boarding of the
animal for 30 days. If security has been posted in accordance
with this Section, the animal control agency may draw from the
security the actual costs incurred by the agency in caring for
the dog.
(d) Upon receipt of a petition, the court must set a
hearing on the petition, to be conducted within 5 business days
after the petition is filed. The petitioner must serve a true
copy of the petition upon the defendant.
(e) If the court orders the posting of security, the
security must be posted with the clerk of the court within 5
business days after the hearing. If the person ordered to post
security does not do so, the dog is forfeited by operation of
law and the animal control agency must dispose of the animal
through adoption or humane euthanization.
(Source: P.A. 96-1171, eff. 7-22-10.)
(510 ILCS 5/15.1)
Sec. 15.1. Dangerous dog determination.
(a) After a thorough investigation including: sending,
within 10 business days of the Administrator or Director
becoming aware of the alleged infraction, notifications to the
owner of the alleged infractions, the fact of the initiation of

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an investigation, and affording the owner an opportunity to
meet with the Administrator or Director prior to the making of
a determination; gathering of any medical or veterinary
evidence; interviewing witnesses; and making a detailed
written report, an animal control warden, deputy
administrator, or law enforcement agent may ask the
Administrator, or his or her designee, or the Director, to deem
a dog to be "dangerous". No dog shall be deemed a "dangerous
dog" unless shown to be a dangerous dog by a preponderance of
evidence. The owner shall be sent immediate notification of the
determination by registered or certified mail that includes a
complete description of the appeal process.
(b) A dog shall not be declared dangerous if the
Administrator, or his or her designee, or the Director
determines the conduct of the dog was justified because:
(1) the threat was sustained by a person who at the
time was committing a crime or offense upon the owner or
custodian of the dog or was committing a willful trespass
or other tort upon the premises or property occupied by the
owner of the animal;
(2) the threatened person was abusing, assaulting, or
physically threatening the dog or its offspring;
(3) the injured, threatened, or killed companion
animal was attacking or threatening to attack the dog or
its offspring; or
(4) the dog was responding to pain or injury or was

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protecting itself, its owner, custodian, or a member of its
household, kennel, or offspring.
(c) Testimony of a certified applied behaviorist, a board
certified veterinary behaviorist, or another recognized expert
may be relevant to the determination of whether the dog's
behavior was justified pursuant to the provisions of this
Section.
(d) If deemed dangerous, the Administrator, or his or her
designee, or the Director shall order (i) the dog's owner to
pay a $50 public safety fine to be deposited into the Pet
Population Control Fund, (ii) the dog to be spayed or neutered
within 14 days at the owner's expense and microchipped, if not
already, and (iii) one or more of the following as deemed
appropriate under the circumstances and necessary for the
protection of the public:
(1) evaluation of the dog by a certified applied
behaviorist, a board certified veterinary behaviorist, or
another recognized expert in the field and completion of
training or other treatment as deemed appropriate by the
expert. The owner of the dog shall be responsible for all
costs associated with evaluations and training ordered
under this subsection; or
(2) direct supervision by an adult 18 years of age or
older whenever the animal is on public premises.
(e) The Administrator may order a dangerous dog to be
muzzled whenever it is on public premises in a manner that will

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prevent it from biting any person or animal, but that shall not
injure the dog or interfere with its vision or respiration.
(f) Guide dogs for the blind or hearing impaired, support
dogs for persons with a physical disability the physically
handicapped, and sentry, guard, or police-owned dogs are exempt
from this Section; provided, an attack or injury to a person
occurs while the dog is performing duties as expected. To
qualify for exemption under this Section, each such dog shall
be currently inoculated against rabies in accordance with
Section 8 of this Act and performing duties as expected. It
shall be the duty of the owner of the exempted dog to notify
the Administrator of changes of address. In the case of a
sentry or guard dog, the owner shall keep the Administrator
advised of the location where such dog will be stationed. The
Administrator shall provide police and fire departments with a
categorized list of the exempted dogs, and shall promptly
notify the departments of any address changes reported to him
or her.
(g) An animal control agency has the right to impound a
dangerous dog if the owner fails to comply with the
requirements of this Act.
(Source: P.A. 93-548, eff. 8-19-03; 94-639, eff. 8-22-05.)
Section 850. The Humane Care for Animals Act is amended by
changing Sections 2.01c and 7.15 as follows:

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(510 ILCS 70/2.01c)
Sec. 2.01c. Service animal. "Service animal" means an
animal trained in obedience and task skills to meet the needs
of a person with a disability disabled person.
(Source: P.A. 92-454, eff. 1-1-02.)
(510 ILCS 70/7.15)
Sec. 7.15. Guide, hearing, and support dogs.
(a) A person may not willfully and maliciously annoy,
taunt, tease, harass, torment, beat, or strike a guide,
hearing, or support dog or otherwise engage in any conduct
directed toward a guide, hearing, or support dog that is likely
to impede or interfere with the dog's performance of its duties
or that places the blind, hearing impaired, or person with a
physical disability physically handicapped person being served
or assisted by the dog in danger of injury.
(b) A person may not willfully and maliciously torture,
injure, or kill a guide, hearing, or support dog.
(c) A person may not willfully and maliciously permit a dog
that is owned, harbored, or controlled by the person to cause
injury to or the death of a guide, hearing, or support dog
while the guide, hearing, or support dog is in discharge of its
duties.
(d) A person convicted of violating this Section is guilty
of a Class A misdemeanor. A second or subsequent violation is a
Class 4 felony. A person convicted of violating subsection (b)

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or (c) of this Section is guilty of a Class 4 felony if the dog
is killed or totally disabled, and may be ordered by the court
to make restitution to the person with a disability disabled
person having custody or ownership of the dog for veterinary
bills and replacement costs of the dog.
(Source: P.A. 92-650, eff. 7-11-02.)
Section 855. The Fish and Aquatic Life Code is amended by
changing Sections 15-5 and 20-5 as follows:
(515 ILCS 5/15-5) (from Ch. 56, par. 15-5)
Sec. 15-5. Commercial fisherman; license requirement.
(a) A "commercial fisherman" is defined as any individual
who uses any of the commercial fishing devices as defined by
this Code for the taking of any aquatic life, except mussels,
protected by the terms of this Code.
(b) All commercial fishermen shall have a commercial
fishing license. In addition to a commercial fishing license, a
commercial fisherman shall also obtain a sport fishing license.
All individuals assisting a licensed commercial fisherman in
taking aquatic life, except mussels, from any waters of the
State must have a commercial fishing license unless these
individuals are under the direct supervision of and aboard the
same watercraft as the licensed commercial fisherman. An
individual assisting a licensed commercial fisherman must
first obtain a sport fishing license.

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(c) Notwithstanding any other provision of law to the
contrary, blind residents or residents with a disability or
disabled residents may fish with commercial fishing devices
without holding a sports fishing license. For the purpose of
this Section, an individual is blind or has a disability
disabled if that individual has a Class 2 disability as defined
in Section 4A of the Illinois Identification Card Act. For the
purposes of this Section, an Illinois person with a Disability
Identification Card issued under the Illinois Identification
Card Act indicating that the individual named on the card has a
Class 2 disability shall be adequate documentation of a
disability.
(d) Notwithstanding any other provision of law to the
contrary, a veteran who, according to the determination of the
federal Veterans' Administration as certified by the
Department of Veterans' Affairs, is at least 10% disabled with
service-related disabilities or in receipt of total disability
pensions may fish with commercial fishing devices without
holding a sports fishing license during those periods of the
year that it is lawful to fish with commercial fishing devices,
if the respective disabilities do not prevent the veteran from
fishing in a manner that is safe to him or herself and others.
(e) A "Lake Michigan commercial fisherman" is defined as an
individual who resides in this State or an Illinois corporation
who uses any of the commercial fishing devices as defined by
this Code for the taking of aquatic life, except mussels,

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protected by the terms of this Code.
(f) For purposes of this Section, an act or omission that
constitutes a violation committed by an officer, employee, or
agent of a corporation shall be deemed the act or omission of
the corporation.
(Source: P.A. 98-336, eff. 1-1-14; 98-898, eff. 1-1-15.)
(515 ILCS 5/20-5) (from Ch. 56, par. 20-5)
Sec. 20-5. Necessity of license; exemptions.
(a) Any person taking or attempting to take any fish,
including minnows for commercial purposes, turtles, mussels,
crayfish, or frogs by any means whatever in any waters or lands
wholly or in part within the jurisdiction of the State,
including that part of Lake Michigan under the jurisdiction of
this State, shall first obtain a license to do so, and shall do
so only during the respective periods of the year when it shall
be lawful as provided in this Code. Individuals under 16, blind
residents or residents with a disability or disabled residents,
or individuals fishing at fee fishing areas licensed by the
Department, however, may fish with sport fishing devices
without being required to have a license. For the purpose of
this Section an individual is blind or has a disability
disabled if that individual has a Class 2 disability as defined
in Section 4A of the Illinois Identification Card Act. For
purposes of this Section an Illinois Person with a Disability
Identification Card issued under the Illinois Identification

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Card Act indicating that the individual named on the card has a
Class 2 disability shall be adequate documentation of a
disability.
(b) A courtesy non-resident sport fishing license or stamp
may be issued at the discretion of the Director, without fee,
to (i) any individual officially employed in the wildlife and
fish or conservation department of another state or of the
United States who is within the State to assist or consult or
cooperate with the Director or (ii) the officials of other
states, the United States, foreign countries, or officers or
representatives of conservation organizations or publications
while in the State as guests of the Governor or Director.
(c) The Director may issue special fishing permits without
cost to groups of hospital patients or to individuals with
disabilities handicapped individuals for use on specified
dates in connection with supervised fishing for therapy.
(d) Veterans who, according to the determination of the
Veterans' Administration as certified by the Department of
Veterans' Affairs, are at least 10% disabled with
service-related disabilities or in receipt of total disability
pensions may fish with sport fishing devices during those
periods of the year it is lawful to do so without being
required to have a license, on the condition that their
respective disabilities do not prevent them from fishing in a
manner which is safe to themselves and others.
(e) Each year the Director may designate a period, not to

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exceed 4 days in duration, when sport fishermen may fish waters
wholly or in part within the jurisdiction of the State,
including that part of Lake Michigan under the jurisdiction of
the State, and not be required to obtain the license or stamp
required by subsection (a) of this Section, Section 20-10 or
subsection (a) of Section 20-55. The term of any such period
shall be established by administrative rule. This subsection
shall not apply to commercial fishing.
(f) The Director may issue special fishing permits without
cost for a group event, restricted to specific dates and
locations if it is determined by the Department that the event
is beneficial in promoting sport fishing in Illinois.
(Source: P.A. 97-1064, eff. 1-1-13.)
Section 860. The Wildlife Code is amended by changing
Sections 2.5, 2.33, and 3.1 as follows:
(520 ILCS 5/2.5)
Sec. 2.5. Crossbow conditions. A person may use a crossbow
if one or more of the following conditions are met:
(1) the user is a person age 62 and older;
(2) the user is a person with a disability handicapped
person to whom the Director has issued a permit to use a
crossbow, as provided by administrative rule; or
(3) the date of using the crossbow is during the period
of the second Monday following the Thanksgiving holiday

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through the last day of the archery deer hunting season
(both inclusive) set annually by the Director.
As used in this Section, "person with a disability
handicapped person" means a person who has a physical
impairment due to injury or disease, congenital or acquired,
which renders the person them so severely disabled as to be
unable to use a longbow, recurve bow, or compound bow. Permits
must be issued only after the receipt of a physician's
statement confirming the applicant is a person with a
disability handicapped as defined above.
(Source: P.A. 97-907, eff. 8-7-12; revised 12-10-14.)
(520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
Sec. 2.33. Prohibitions.
(a) It is unlawful to carry or possess any gun in any State
refuge unless otherwise permitted by administrative rule.
(b) It is unlawful to use or possess any snare or
snare-like device, deadfall, net, or pit trap to take any
species, except that snares not powered by springs or other
mechanical devices may be used to trap fur-bearing mammals, in
water sets only, if at least one-half of the snare noose is
located underwater at all times.
(c) It is unlawful for any person at any time to take a
wild mammal protected by this Act from its den by means of any
mechanical device, spade, or digging device or to use smoke or
other gases to dislodge or remove such mammal except as

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provided in Section 2.37.
(d) It is unlawful to use a ferret or any other small
mammal which is used in the same or similar manner for which
ferrets are used for the purpose of frightening or driving any
mammals from their dens or hiding places.
(e) (Blank).
(f) It is unlawful to use spears, gigs, hooks or any like
device to take any species protected by this Act.
(g) It is unlawful to use poisons, chemicals or explosives
for the purpose of taking any species protected by this Act.
(h) It is unlawful to hunt adjacent to or near any peat,
grass, brush or other inflammable substance when it is burning.
(i) It is unlawful to take, pursue or intentionally harass
or disturb in any manner any wild birds or mammals by use or
aid of any vehicle or conveyance, except as permitted by the
Code of Federal Regulations for the taking of waterfowl. It is
also unlawful to use the lights of any vehicle or conveyance or
any light from or any light connected to the vehicle or
conveyance in any area where wildlife may be found except in
accordance with Section 2.37 of this Act; however, nothing in
this Section shall prohibit the normal use of headlamps for the
purpose of driving upon a roadway. Striped skunk, opossum, red
fox, gray fox, raccoon and coyote may be taken during the open
season by use of a small light which is worn on the body or
hand-held by a person on foot and not in any vehicle.
(j) It is unlawful to use any shotgun larger than 10 gauge

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while taking or attempting to take any of the species protected
by this Act.
(k) It is unlawful to use or possess in the field any
shotgun shell loaded with a shot size larger than lead BB or
steel T (.20 diameter) when taking or attempting to take any
species of wild game mammals (excluding white-tailed deer),
wild game birds, migratory waterfowl or migratory game birds
protected by this Act, except white-tailed deer as provided for
in Section 2.26 and other species as provided for by subsection
(l) or administrative rule.
(l) It is unlawful to take any species of wild game, except
white-tailed deer and fur-bearing mammals, with a shotgun
loaded with slugs unless otherwise provided for by
administrative rule.
(m) It is unlawful to use any shotgun capable of holding
more than 3 shells in the magazine or chamber combined, except
on game breeding and hunting preserve areas licensed under
Section 3.27 and except as permitted by the Code of Federal
Regulations for the taking of waterfowl. If the shotgun is
capable of holding more than 3 shells, it shall, while being
used on an area other than a game breeding and shooting
preserve area licensed pursuant to Section 3.27, be fitted with
a one piece plug that is irremovable without dismantling the
shotgun or otherwise altered to render it incapable of holding
more than 3 shells in the magazine and chamber, combined.
(n) It is unlawful for any person, except persons who

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possess a permit to hunt from a vehicle as provided in this
Section and persons otherwise permitted by law, to have or
carry any gun in or on any vehicle, conveyance or aircraft,
unless such gun is unloaded and enclosed in a case, except that
at field trials authorized by Section 2.34 of this Act,
unloaded guns or guns loaded with blank cartridges only, may be
carried on horseback while not contained in a case, or to have
or carry any bow or arrow device in or on any vehicle unless
such bow or arrow device is unstrung or enclosed in a case, or
otherwise made inoperable.
(o) It is unlawful to use any crossbow for the purpose of
taking any wild birds or mammals, except as provided for in
Section 2.5.
(p) It is unlawful to take game birds, migratory game birds
or migratory waterfowl with a rifle, pistol, revolver or
airgun.
(q) It is unlawful to fire a rifle, pistol, revolver or
airgun on, over or into any waters of this State, including
frozen waters.
(r) It is unlawful to discharge any gun or bow and arrow
device along, upon, across, or from any public right-of-way or
highway in this State.
(s) It is unlawful to use a silencer or other device to
muffle or mute the sound of the explosion or report resulting
from the firing of any gun.
(t) It is unlawful for any person to take or attempt to

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take any species of wildlife or parts thereof, intentionally or
wantonly allow a dog to hunt, within or upon the land of
another, or upon waters flowing over or standing on the land of
another, or to knowingly shoot a gun or bow and arrow device at
any wildlife physically on or flying over the property of
another without first obtaining permission from the owner or
the owner's designee. For the purposes of this Section, the
owner's designee means anyone who the owner designates in a
written authorization and the authorization must contain (i)
the legal or common description of property for such authority
is given, (ii) the extent that the owner's designee is
authorized to make decisions regarding who is allowed to take
or attempt to take any species of wildlife or parts thereof,
and (iii) the owner's notarized signature. Before enforcing
this Section the law enforcement officer must have received
notice from the owner or the owner's designee of a violation of
this Section. Statements made to the law enforcement officer
regarding this notice shall not be rendered inadmissible by the
hearsay rule when offered for the purpose of showing the
required notice.
(u) It is unlawful for any person to discharge any firearm
for the purpose of taking any of the species protected by this
Act, or hunt with gun or dog, or intentionally or wantonly
allow a dog to hunt, within 300 yards of an inhabited dwelling
without first obtaining permission from the owner or tenant,
except that while trapping, hunting with bow and arrow, hunting

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with dog and shotgun using shot shells only, or hunting with
shotgun using shot shells only, or providing outfitting
services under a waterfowl outfitter permit, or on licensed
game breeding and hunting preserve areas, as defined in Section
3.27, on federally owned and managed lands and on Department
owned, managed, leased, or controlled lands, a 100 yard
restriction shall apply.
(v) It is unlawful for any person to remove fur-bearing
mammals from, or to move or disturb in any manner, the traps
owned by another person without written authorization of the
owner to do so.
(w) It is unlawful for any owner of a dog to knowingly or
wantonly allow his or her dog to pursue, harass or kill deer,
except that nothing in this Section shall prohibit the tracking
of wounded deer with a dog in accordance with the provisions of
Section 2.26 of this Code.
(x) It is unlawful for any person to wantonly or carelessly
injure or destroy, in any manner whatsoever, any real or
personal property on the land of another while engaged in
hunting or trapping thereon.
(y) It is unlawful to hunt wild game protected by this Act
between one half hour after sunset and one half hour before
sunrise, except that hunting hours between one half hour after
sunset and one half hour before sunrise may be established by
administrative rule for fur-bearing mammals.
(z) It is unlawful to take any game bird (excluding wild

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turkeys and crippled pheasants not capable of normal flight and
otherwise irretrievable) protected by this Act when not flying.
Nothing in this Section shall prohibit a person from carrying
an uncased, unloaded shotgun in a boat, while in pursuit of a
crippled migratory waterfowl that is incapable of normal
flight, for the purpose of attempting to reduce the migratory
waterfowl to possession, provided that the attempt is made
immediately upon downing the migratory waterfowl and is done
within 400 yards of the blind from which the migratory
waterfowl was downed. This exception shall apply only to
migratory game birds that are not capable of normal flight.
Migratory waterfowl that are crippled may be taken only with a
shotgun as regulated by subsection (j) of this Section using
shotgun shells as regulated in subsection (k) of this Section.
(aa) It is unlawful to use or possess any device that may
be used for tree climbing or cutting, while hunting fur-bearing
mammals, excluding coyotes.
(bb) It is unlawful for any person, except licensed game
breeders, pursuant to Section 2.29 to import, carry into, or
possess alive in this State any species of wildlife taken
outside of this State, without obtaining permission to do so
from the Director.
(cc) It is unlawful for any person to have in his or her
possession any freshly killed species protected by this Act
during the season closed for taking.
(dd) It is unlawful to take any species protected by this

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Act and retain it alive except as provided by administrative
rule.
(ee) It is unlawful to possess any rifle while in the field
during gun deer season except as provided in Section 2.26 and
administrative rules.
(ff) It is unlawful for any person to take any species
protected by this Act, except migratory waterfowl, during the
gun deer hunting season in those counties open to gun deer
hunting, unless he or she wears, when in the field, a cap and
upper outer garment of a solid blaze orange color, with such
articles of clothing displaying a minimum of 400 square inches
of blaze orange material.
(gg) It is unlawful during the upland game season for any
person to take upland game with a firearm unless he or she
wears, while in the field, a cap of solid blaze orange color.
For purposes of this Act, upland game is defined as Bobwhite
Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
Cottontail and Swamp Rabbit.
(hh) It shall be unlawful to kill or cripple any species
protected by this Act for which there is a bag limit without
making a reasonable effort to retrieve such species and include
such in the bag limit. It shall be unlawful for any person
having control over harvested game mammals, game birds, or
migratory game birds for which there is a bag limit to wantonly
waste or destroy the usable meat of the game, except this shall
not apply to wildlife taken under Sections 2.37 or 3.22 of this

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Code. For purposes of this subsection, "usable meat" means the
breast meat of a game bird or migratory game bird and the hind
ham and front shoulders of a game mammal. It shall be unlawful
for any person to place, leave, dump, or abandon a wildlife
carcass or parts of it along or upon a public right-of-way or
highway or on public or private property, including a waterway
or stream, without the permission of the owner or tenant. It
shall not be unlawful to discard game meat that is determined
to be unfit for human consumption.
(ii) This Section shall apply only to those species
protected by this Act taken within the State. Any species or
any parts thereof, legally taken in and transported from other
states or countries, may be possessed within the State, except
as provided in this Section and Sections 2.35, 2.36 and 3.21.
(jj) (Blank).
(kk) Nothing contained in this Section shall prohibit the
Director from issuing permits to paraplegics or to other
persons with disabilities disabled persons who meet the
requirements set forth in administrative rule to shoot or hunt
from a vehicle as provided by that rule, provided that such is
otherwise in accord with this Act.
(ll) Nothing contained in this Act shall prohibit the
taking of aquatic life protected by the Fish and Aquatic Life
Code or birds and mammals protected by this Act, except deer
and fur-bearing mammals, from a boat not camouflaged or
disguised to alter its identity or to further provide a place

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of concealment and not propelled by sail or mechanical power.
However, only shotguns not larger than 10 gauge nor smaller
than .410 bore loaded with not more than 3 shells of a shot
size no larger than lead BB or steel T (.20 diameter) may be
used to take species protected by this Act.
(mm) Nothing contained in this Act shall prohibit the use
of a shotgun, not larger than 10 gauge nor smaller than a 20
gauge, with a rifled barrel.
(nn) It shall be unlawful to possess any species of
wildlife or wildlife parts taken unlawfully in Illinois, any
other state, or any other country, whether or not the wildlife
or wildlife parts is indigenous to Illinois. For the purposes
of this subsection, the statute of limitations for unlawful
possession of wildlife or wildlife parts shall not cease until
2 years after the possession has permanently ended.
(Source: P.A. 97-645, eff. 12-30-11; 97-907, eff. 8-7-12;
98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183, eff. 1-1-14;
98-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914, eff.
1-1-15.)
(520 ILCS 5/3.1) (from Ch. 61, par. 3.1)
Sec. 3.1. License and stamps required.
(a) Before any person shall take or attempt to take any of
the species protected by Section 2.2 for which an open season
is established under this Act, he shall first have procured and
possess a valid hunting license, except as provided in Section

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3.1-5 of this Code.
Before any person 16 years of age or older shall take or
attempt to take any bird of the species defined as migratory
waterfowl by Section 2.2, including coots, he shall first have
procured a State Migratory Waterfowl Stamp.
Before any person 16 years of age or older takes, attempts
to take, or pursues any species of wildlife protected by this
Code, except migratory waterfowl, coots, and hand-reared birds
on licensed game breeding and hunting preserve areas and state
controlled pheasant hunting areas, he or she shall first obtain
a State Habitat Stamp. Veterans with disabilities Disabled
veterans and former prisoners of war shall not be required to
obtain State Habitat Stamps. Any person who obtained a lifetime
license before January 1, 1993, shall not be required to obtain
State Habitat Stamps. Income from the sale of State Furbearer
Stamps and State Pheasant Stamps received after the effective
date of this amendatory Act of 1992 shall be deposited into the
State Furbearer Fund and State Pheasant Fund, respectively.
Before any person 16 years of age or older shall take,
attempt to take, or sell the green hide of any mammal of the
species defined as fur-bearing mammals by Section 2.2 for which
an open season is established under this Act, he shall first
have procured a State Habitat Stamp.
(b) Before any person who is a non-resident of the State of
Illinois shall take or attempt to take any of the species
protected by Section 2.2 for which an open season is

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established under this Act, he shall, unless specifically
exempted by law, first procure a non-resident license as
provided by this Act for the taking of any wild game.
Before a nonresident shall take or attempt to take
white-tailed deer, he shall first have procured a Deer Hunting
Permit as defined in Section 2.26 of this Code.
Before a nonresident shall take or attempt to take wild
turkeys, he shall have procured a Wild Turkey Hunting Permit as
defined in Section 2.11 of this Code.
(c) The owners residing on, or bona fide tenants of, farm
lands and their children, parents, brothers, and sisters
actually permanently residing on their lands shall have the
right to hunt any of the species protected by Section 2.2 upon
their lands and waters without procuring hunting licenses; but
the hunting shall be done only during periods of time and with
devices and by methods as are permitted by this Act. Any person
on active duty with the Armed Forces of the United States who
is now and who was at the time of entering the Armed Forces a
resident of Illinois and who entered the Armed Forces from this
State, and who is presently on ordinary or emergency leave from
the Armed Forces, and any resident of Illinois who has a
disability is disabled may hunt any of the species protected by
Section 2.2 without procuring a hunting license, but the
hunting shall be done only during such periods of time and with
devices and by methods as are permitted by this Act. For the
purpose of this Section a person is a person with a disability

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disabled when that person has a Type 1 or Type 4, Class 2
disability as defined in Section 4A of the Illinois
Identification Card Act. For purposes of this Section, an
Illinois Person with a Disability Identification Card issued
pursuant to the Illinois Identification Card Act indicating
that the person named has a Type 1 or Type 4, Class 2
disability shall be adequate documentation of the disability.
(d) A courtesy non-resident license, permit, or stamp for
taking game may be issued at the discretion of the Director,
without fee, to any person officially employed in the game and
fish or conservation department of another state or of the
United States who is within the State to assist or consult or
cooperate with the Director; or to the officials of other
states, the United States, foreign countries, or officers or
representatives of conservation organizations or publications
while in the State as guests of the Governor or Director. The
Director may provide to nonresident participants and official
gunners at field trials an exemption from licensure while
participating in a field trial.
(e) State Migratory Waterfowl Stamps shall be required for
those persons qualifying under subsections (c) and (d) who
intend to hunt migratory waterfowl, including coots, to the
extent that hunting licenses of the various types are
authorized and required by this Section for those persons.
(f) Registration in the U.S. Fish and Wildlife Migratory
Bird Harvest Information Program shall be required for those

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persons who are required to have a hunting license before
taking or attempting to take any bird of the species defined as
migratory game birds by Section 2.2, except that this
subsection shall not apply to crows in this State or
hand-reared birds on licensed game breeding and hunting
preserve areas, for which an open season is established by this
Act. Persons registering with the Program must carry proof of
registration with them while migratory bird hunting.
The Department shall publish suitable prescribed
regulations pertaining to registration by the migratory bird
hunter in the U.S. Fish and Wildlife Service Migratory Bird
Harvest Information Program.
(Source: P.A. 96-1226, eff. 1-1-11; 97-1064, eff. 1-1-13.)
Section 865. The Illinois Vehicle Code is amended by
changing Sections 3-609, 3-611, 3-616, 3-623, 3-626, 3-667,
3-683, 3-806.3, 6-205, 6-206, 11-208, 11-209, 11-501.7,
11-1301.1, 11-1301.2, 11-1301.3, 11-1301.4, 11-1301.5,
11-1301.6, 11-1301.7, and 12-401 as follows:
(625 ILCS 5/3-609) (from Ch. 95 1/2, par. 3-609)
Sec. 3-609. Plates for Veterans with Disabilities Disabled
Veterans' Plates.
(a) Any veteran who holds proof of a service-connected
disability from the United States Department of Veterans
Affairs, and who has obtained certification from a licensed

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physician, physician assistant, or advanced practice nurse
that the service-connected disability qualifies the veteran
for issuance of registration plates or decals to a person with
disabilities in accordance with Section 3-616, may, without the
payment of any registration fee, make application to the
Secretary of State for license plates for veterans with
disabilities disabled veterans license plates displaying the
international symbol of access, for the registration of one
motor vehicle of the first division or one motor vehicle of the
second division weighing not more than 8,000 pounds.
(b) Any veteran who holds proof of a service-connected
disability from the United States Department of Veterans
Affairs, and whose degree of disability has been declared to be
50% or more, but whose disability does not qualify the veteran
for a plate or decal for persons with disabilities under
Section 3-616, may, without the payment of any registration
fee, make application to the Secretary for a special
registration plate without the international symbol of access
for the registration of one motor vehicle of the first division
or one motor vehicle of the second division weighing not more
than 8,000 pounds.
(c) Renewal of such registration must be accompanied with
documentation for eligibility of registration without fee
unless the applicant has a permanent qualifying disability, and
such registration plates may not be issued to any person not
eligible therefor. The Illinois Department of Veterans'

HB4049 Enrolled - 1461 - LRB099 03667 KTG 23678 b
Affairs may assist in providing the documentation of
disability.
(d) The design and color of the plates shall be within the
discretion of the Secretary, except that the plates issued
under subsection (b) of this Section shall not contain the
international symbol of access. The Secretary may, in his or
her discretion, allow the plates to be issued as vanity or
personalized plates in accordance with Section 3-405.1 of this
Code. Registration shall be for a multi-year period and may be
issued staggered registration.
(e) Any person eligible to receive license plates under
this Section who has been approved for benefits under the
Senior Citizens and Persons with Disabilities Disabled Persons
Property Tax Relief Act, or who has claimed and received a
grant under that Act, shall pay a fee of $24 instead of the fee
otherwise provided in this Code for passenger cars displaying
standard multi-year registration plates issued under Section
3-414.1, for motor vehicles registered at 8,000 pounds or less
under Section 3-815(a), or for recreational vehicles
registered at 8,000 pounds or less under Section 3-815(b), for
a second set of plates under this Section.
(Source: P.A. 97-689, eff. 6-14-12; 97-918, eff. 1-1-13;
98-463, eff. 8-16-13.)
(625 ILCS 5/3-611) (from Ch. 95 1/2, par. 3-611)
Sec. 3-611. Special designations. The Secretary of State,

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in his discretion, may make special designations of certain
designs or combinations of designs, or alphabetical letters or
combination of letters, or colors or combination of colors
pertaining to registration plates issued to vehicles owned by
governmental agencies, vehicles owned and registered by State
and federal elected officials, retired Illinois Supreme Court
justices, and appointed federal cabinet officials, vehicles
operated by taxi or livery businesses, operated in connection
with mileage weight registrations, or operated by a dealer,
transporter, or manufacturer as the Secretary of State may deem
necessary for the proper administration of this Act. In the
case of registration plates issued for vehicles operated by or
for persons with disabilities, as defined by Section 1-159.1,
under Section 3-616 of this Act, the Secretary of State, upon
request, shall make such special designations so that
automobiles bearing such plates are easily recognizable thru
use of the international accessibility symbol as automobiles
driven by or for such persons. In the case of registration
plates issued for vehicles operated by a person with a
disability disabled person with a type four hearing disability,
as defined pursuant to Section 4A of The Illinois
Identification Card Act, the Secretary of State, upon request,
shall make such special designations so that a motor vehicle
bearing such plate is easily recognizable by a special symbol
indicating that such vehicle is driven by a person with a
hearing disability. Registration plates issued to a person who

HB4049 Enrolled - 1463 - LRB099 03667 KTG 23678 b
is deaf or hard of hearing under this Section shall not entitle
a motor vehicle bearing such plates to those parking privileges
established for persons with disabilities under this Code. In
the case of registration plates issued for State owned
vehicles, they shall be manufactured in compliance with Section
2 of "An Act relating to identification and use of motor
vehicles of the State, approved August 9, 1951, as amended". In
the case of plates issued for State officials, such plates may
be issued for a 2 year period beginning January 1st of each
odd-numbered year and ending December 31st of the subsequent
even-numbered year.
(Source: P.A. 87-829; 87-832; 87-1249; 88-685, eff. 1-24-95.)
(625 ILCS 5/3-616) (from Ch. 95 1/2, par. 3-616)
Sec. 3-616. Disability license plates.
(a) Upon receiving an application for a certificate of
registration for a motor vehicle of the first division or for a
motor vehicle of the second division weighing no more than
8,000 pounds, accompanied with payment of the registration fees
required under this Code from a person with disabilities or a
person who is deaf or hard of hearing, the Secretary of State,
if so requested, shall issue to such person registration plates
as provided for in Section 3-611, provided that the person with
disabilities or person who is deaf or hard of hearing must not
be disqualified from obtaining a driver's license under
subsection 8 of Section 6-103 of this Code, and further

HB4049 Enrolled - 1464 - LRB099 03667 KTG 23678 b
provided that any person making such a request must submit a
statement, certified by a licensed physician, by a physician
assistant who has been delegated the authority to make this
certification by his or her supervising physician, or by an
advanced practice nurse who has a written collaborative
agreement with a collaborating physician that authorizes the
advanced practice nurse to make this certification, to the
effect that such person is a person with disabilities as
defined by Section 1-159.1 of this Code, or alternatively
provide adequate documentation that such person has a Class 1A,
Class 2A or Type Four disability under the provisions of
Section 4A of the Illinois Identification Card Act. For
purposes of this Section, an Illinois Person with a Disability
Identification Card issued pursuant to the Illinois
Identification Card Act indicating that the person thereon
named has a disability shall be adequate documentation of such
a disability.
(b) The Secretary shall issue plates under this Section to
a parent or legal guardian of a person with disabilities if the
person with disabilities has a Class 1A or Class 2A disability
as defined in Section 4A of the Illinois Identification Card
Act or is a person with disabilities as defined by Section
1-159.1 of this Code, and does not possess a vehicle registered
in his or her name, provided that the person with disabilities
relies frequently on the parent or legal guardian for
transportation. Only one vehicle per family may be registered

HB4049 Enrolled - 1465 - LRB099 03667 KTG 23678 b
under this subsection, unless the applicant can justify in
writing the need for one additional set of plates. Any person
requesting special plates under this subsection shall submit
such documentation or such physician's, physician assistant's,
or advanced practice nurse's statement as is required in
subsection (a) and a statement describing the circumstances
qualifying for issuance of special plates under this
subsection. An optometrist may certify a Class 2A Visual
Disability, as defined in Section 4A of the Illinois
Identification Card Act, for the purpose of qualifying a person
with disabilities for special plates under this subsection.
(c) The Secretary may issue a parking decal or device to a
person with disabilities as defined by Section 1-159.1 without
regard to qualification of such person with disabilities for a
driver's license or registration of a vehicle by such person
with disabilities or such person's immediate family, provided
such person with disabilities making such a request has been
issued an Illinois Person with a Disability Identification Card
indicating that the person named thereon has a Class 1A or
Class 2A disability, or alternatively, submits a statement
certified by a licensed physician, or by a physician assistant
or an advanced practice nurse as provided in subsection (a), to
the effect that such person is a person with disabilities as
defined by Section 1-159.1. An optometrist may certify a Class
2A Visual Disability as defined in Section 4A of the Illinois
Identification Card Act for the purpose of qualifying a person

HB4049 Enrolled - 1466 - LRB099 03667 KTG 23678 b
with disabilities for a parking decal or device under this
subsection.
(d) The Secretary shall prescribe by rules and regulations
procedures to certify or re-certify as necessary the
eligibility of persons whose disabilities are other than
permanent for special plates or parking decals or devices
issued under subsections (a), (b) and (c). Except as provided
under subsection (f) of this Section, no such special plates,
decals or devices shall be issued by the Secretary of State to
or on behalf of any person with disabilities unless such person
is certified as meeting the definition of a person with
disabilities pursuant to Section 1-159.1 or meeting the
requirement of a Type Four disability as provided under Section
4A of the Illinois Identification Card Act for the period of
time that the physician, or the physician assistant or advanced
practice nurse as provided in subsection (a), determines the
applicant will have the disability, but not to exceed 6 months
from the date of certification or recertification.
(e) Any person requesting special plates under this Section
may also apply to have the special plates personalized, as
provided under Section 3-405.1.
(f) The Secretary of State, upon application, shall issue
disability registration plates or a parking decal to
corporations, school districts, State or municipal agencies,
limited liability companies, nursing homes, convalescent
homes, or special education cooperatives which will transport

HB4049 Enrolled - 1467 - LRB099 03667 KTG 23678 b
persons with disabilities. The Secretary shall prescribe by
rule a means to certify or re-certify the eligibility of
organizations to receive disability plates or decals and to
designate which of the 2 person with disabilities emblems shall
be placed on qualifying vehicles.
(g) The Secretary of State, or his designee, may enter into
agreements with other jurisdictions, including foreign
jurisdictions, on behalf of this State relating to the
extension of parking privileges by such jurisdictions to
permanently disabled residents of this State with disabilities
who display a special license plate or parking device that
contains the International symbol of access on his or her motor
vehicle, and to recognize such plates or devices issued by such
other jurisdictions. This State shall grant the same parking
privileges which are granted to disabled residents of this
State with disabilities to any non-resident whose motor vehicle
is licensed in another state, district, territory or foreign
country if such vehicle displays the international symbol of
access or a distinguishing insignia on license plates or
parking device issued in accordance with the laws of the
non-resident's state, district, territory or foreign country.
(Source: P.A. 97-1064, eff. 1-1-13.)
(625 ILCS 5/3-623) (from Ch. 95 1/2, par. 3-623)
Sec. 3-623. Purple Heart Plates.
(a) The Secretary, upon receipt of an application made in

HB4049 Enrolled - 1468 - LRB099 03667 KTG 23678 b
the form prescribed by the Secretary of State, may issue to
recipients awarded the Purple Heart by a branch of the armed
forces of the United States who reside in Illinois, special
registration plates. The Secretary, upon receipt of the proper
application, may also issue these special registration plates
to an Illinois resident who is the surviving spouse of a person
who was awarded the Purple Heart by a branch of the armed
forces of the United States. The special plates issued pursuant
to this Section should be affixed only to passenger vehicles of
the 1st division, including motorcycles, or motor vehicles of
the 2nd division weighing not more than 8,000 pounds. The
Secretary may, in his or her discretion, allow the plates to be
issued as vanity or personalized plates in accordance with
Section 3-405.1 of this Code. The Secretary of State must make
a version of the special registration plates authorized under
this Section in a form appropriate for motorcycles.
(b) The design and color of such plates shall be wholly
within the discretion of the Secretary of State. Appropriate
documentation, as determined by the Secretary, and the
appropriate registration fee shall accompany the application,
except:
(1) a person eligible to be issued Purple Heart plates
may display the plates on one vehicle without the payment
of any registration or registration renewal fee; and
(2) for an individual who has been issued Purple Heart
plates for an additional vehicle and who has been approved

HB4049 Enrolled - 1469 - LRB099 03667 KTG 23678 b
for benefits under the Senior Citizens and Persons with
Disabilities Disabled Persons Property Tax Relief Act, the
annual fee for the registration of the vehicle shall be as
provided in Section 3-806.3 of this Code.
(Source: P.A. 97-689, eff. 6-14-12; 98-902, eff. 1-1-15.)
(625 ILCS 5/3-626)
Sec. 3-626. Korean War Veteran license plates.
(a) In addition to any other special license plate, the
Secretary, upon receipt of all applicable fees and applications
made in the form prescribed by the Secretary of State, may
issue special registration plates designated as Korean War
Veteran license plates to residents of Illinois who
participated in the United States Armed Forces during the
Korean War. The special plate issued under this Section shall
be affixed only to passenger vehicles of the first division,
motorcycles, motor vehicles of the second division weighing not
more than 8,000 pounds, and recreational vehicles as defined by
Section 1-169 of this Code. Plates issued under this Section
shall expire according to the staggered multi-year procedure
established by Section 3-414.1 of this Code.
(b) The design, color, and format of the plates shall be
wholly within the discretion of the Secretary of State. The
Secretary may, in his or her discretion, allow the plates to be
issued as vanity plates or personalized in accordance with
Section 3-405.1 of this Code. The plates are not required to

HB4049 Enrolled - 1470 - LRB099 03667 KTG 23678 b
designate "Land Of Lincoln", as prescribed in subsection (b) of
Section 3-412 of this Code. The Secretary shall prescribe the
eligibility requirements and, in his or her discretion, shall
approve and prescribe stickers or decals as provided under
Section 3-412.
(c) (Blank).
(d) The Korean War Memorial Construction Fund is created as
a special fund in the State treasury. All moneys in the Korean
War Memorial Construction Fund shall, subject to
appropriation, be used by the Department of Veteran Affairs to
provide grants for construction of the Korean War Memorial to
be located at Oak Ridge Cemetery in Springfield, Illinois. Upon
the completion of the Memorial, the Department of Veteran
Affairs shall certify to the State Treasurer that the
construction of the Memorial has been completed. Upon the
certification by the Department of Veteran Affairs, the State
Treasurer shall transfer all moneys in the Fund and any future
deposits into the Fund into the Secretary of State Special
License Plate Fund.
(e) An individual who has been issued Korean War Veteran
license plates for a vehicle and who has been approved for
benefits under the Senior Citizens and Persons with
Disabilities Disabled Persons Property Tax Relief Act shall pay
the original issuance and the regular annual fee for the
registration of the vehicle as provided in Section 3-806.3 of
this Code in addition to the fees specified in subsection (c)

HB4049 Enrolled - 1471 - LRB099 03667 KTG 23678 b
of this Section.
(Source: P.A. 96-1409, eff. 1-1-11; 97-689, eff. 6-14-12.)
(625 ILCS 5/3-667)
Sec. 3-667. Korean Service license plates.
(a) In addition to any other special license plate, the
Secretary, upon receipt of all applicable fees and applications
made in the form prescribed by the Secretary of State, may
issue special registration plates designated as Korean Service
license plates to residents of Illinois who, on or after July
27, 1954, participated in the United States Armed Forces in
Korea. The special plate issued under this Section shall be
affixed only to passenger vehicles of the first division,
motorcycles, motor vehicles of the second division weighing not
more than 8,000 pounds, and recreational vehicles as defined by
Section 1-169 of this Code. Plates issued under this Section
shall expire according to the staggered multi-year procedure
established by Section 3-414.1 of this Code.
(b) The design, color, and format of the plates shall be
wholly within the discretion of the Secretary of State. The
Secretary may, in his or her discretion, allow the plates to be
issued as vanity or personalized plates in accordance with
Section 3-405.1 of this Code. The plates are not required to
designate "Land of Lincoln", as prescribed in subsection (b) of
Section 3-412 of this Code. The Secretary shall prescribe the
eligibility requirements and, in his or her discretion, shall

HB4049 Enrolled - 1472 - LRB099 03667 KTG 23678 b
approve and prescribe stickers or decals as provided under
Section 3-412.
(c) An applicant shall be charged a $2 fee for original
issuance in addition to the applicable registration fee. This
additional fee shall be deposited into the Korean War Memorial
Construction Fund a special fund in the State treasury.
(d) An individual who has been issued Korean Service
license plates for a vehicle and who has been approved for
benefits under the Senior Citizens and Persons with
Disabilities Disabled Persons Property Tax Relief Act shall pay
the original issuance and the regular annual fee for the
registration of the vehicle as provided in Section 3-806.3 of
this Code in addition to the fees specified in subsection (c)
of this Section.
(Source: P.A. 97-306, eff. 1-1-12; 97-689, eff. 6-14-12.)
(625 ILCS 5/3-683)
Sec. 3-683. Distinguished Service Cross license plates.
The Secretary, upon receipt of an application made in the form
prescribed by the Secretary of State, shall issue special
registration plates to any Illinois resident who has been
awarded the Distinguished Service Cross by a branch of the
armed forces of the United States. The Secretary, upon receipt
of the proper application, shall also issue these special
registration plates to an Illinois resident who is the
surviving spouse of a person who was awarded the Distinguished

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Service Cross by a branch of the armed forces of the United
States. The special plates issued under this Section should be
affixed only to passenger vehicles of the first division,
including motorcycles, or motor vehicles of the second division
weighing not more than 8,000 pounds.
The design and color of the plates shall be wholly within
the discretion of the Secretary of State. Appropriate
documentation, as determined by the Secretary, and the
appropriate registration fee shall accompany the application.
However, for an individual who has been issued Distinguished
Service Cross plates for a vehicle and who has been approved
for benefits under the Senior Citizens and Persons with
Disabilities Disabled Persons Property Tax Relief Act, the
annual fee for the registration of the vehicle shall be as
provided in Section 3-806.3 of this Code.
(Source: P.A. 96-328, eff. 8-11-09; 97-689, eff. 6-14-12.)
(625 ILCS 5/3-806.3) (from Ch. 95 1/2, par. 3-806.3)
Sec. 3-806.3. Senior Citizens. Commencing with the 2009
registration year, the registration fee paid by any vehicle
owner who has been approved for benefits under the Senior
Citizens and Persons with Disabilities Disabled Persons
Property Tax Relief Act or who is the spouse of such a person
shall be $24 instead of the fee otherwise provided in this Code
for passenger cars displaying standard multi-year registration
plates issued under Section 3-414.1, motor vehicles displaying

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special registration plates issued under Section 3-609, 3-616,
3-621, 3-622, 3-623, 3-624, 3-625, 3-626, 3-628, 3-638, 3-642,
3-645, 3-647, 3-650, 3-651, or 3-663, motor vehicles registered
at 8,000 pounds or less under Section 3-815(a), and
recreational vehicles registered at 8,000 pounds or less under
Section 3-815(b). Widows and widowers of claimants shall also
be entitled to this reduced registration fee for the
registration year in which the claimant was eligible.
Commencing with the 2009 registration year, the
registration fee paid by any vehicle owner who has claimed and
received a grant under the Senior Citizens and Persons with
Disabilities Disabled Persons Property Tax Relief Act or who is
the spouse of such a person shall be $24 instead of the fee
otherwise provided in this Code for passenger cars displaying
standard multi-year registration plates issued under Section
3-414.1, motor vehicles displaying special registration plates
issued under Section 3-607, 3-609, 3-616, 3-621, 3-622, 3-623,
3-624, 3-625, 3-626, 3-628, 3-638, 3-642, 3-645, 3-647, 3-650,
3-651, 3-663, or 3-664, motor vehicles registered at 8,000
pounds or less under Section 3-815(a), and recreational
vehicles registered at 8,000 pounds or less under Section
3-815(b). Widows and widowers of claimants shall also be
entitled to this reduced registration fee for the registration
year in which the claimant was eligible.
No more than one reduced registration fee under this
Section shall be allowed during any 12 month period based on

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the primary eligibility of any individual, whether such reduced
registration fee is allowed to the individual or to the spouse,
widow or widower of such individual. This Section does not
apply to the fee paid in addition to the registration fee for
motor vehicles displaying vanity or special license plates.
(Source: P.A. 96-554, eff. 1-1-10; 97-689, eff. 6-14-12.)
(625 ILCS 5/6-205)
Sec. 6-205. Mandatory revocation of license or permit;
Hardship cases.
(a) Except as provided in this Section, the Secretary of
State shall immediately revoke the license, permit, or driving
privileges of any driver upon receiving a report of the
driver's conviction of any of the following offenses:
1. Reckless homicide resulting from the operation of a
motor vehicle;
2. Violation of Section 11-501 of this Code or a
similar provision of a local ordinance relating to the
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds, or any
combination thereof;
3. Any felony under the laws of any State or the
federal government in the commission of which a motor
vehicle was used;
4. Violation of Section 11-401 of this Code relating to

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the offense of leaving the scene of a traffic accident
involving death or personal injury;
5. Perjury or the making of a false affidavit or
statement under oath to the Secretary of State under this
Code or under any other law relating to the ownership or
operation of motor vehicles;
6. Conviction upon 3 charges of violation of Section
11-503 of this Code relating to the offense of reckless
driving committed within a period of 12 months;
7. Conviction of any offense defined in Section 4-102
of this Code;
8. Violation of Section 11-504 of this Code relating to
the offense of drag racing;
9. Violation of Chapters 8 and 9 of this Code;
10. Violation of Section 12-5 of the Criminal Code of
1961 or the Criminal Code of 2012 arising from the use of a
motor vehicle;
11. Violation of Section 11-204.1 of this Code relating
to aggravated fleeing or attempting to elude a peace
officer;
12. Violation of paragraph (1) of subsection (b) of
Section 6-507, or a similar law of any other state,
relating to the unlawful operation of a commercial motor
vehicle;
13. Violation of paragraph (a) of Section 11-502 of
this Code or a similar provision of a local ordinance if

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the driver has been previously convicted of a violation of
that Section or a similar provision of a local ordinance
and the driver was less than 21 years of age at the time of
the offense;
14. Violation of paragraph (a) of Section 11-506 of
this Code or a similar provision of a local ordinance
relating to the offense of street racing;
15. A second or subsequent conviction of driving while
the person's driver's license, permit or privileges was
revoked for reckless homicide or a similar out-of-state
offense;
16. Any offense against any provision in this Code, or
any local ordinance, regulating the movement of traffic
when that offense was the proximate cause of the death of
any person. Any person whose driving privileges have been
revoked pursuant to this paragraph may seek to have the
revocation terminated or to have the length of revocation
reduced by requesting an administrative hearing with the
Secretary of State prior to the projected driver's license
application eligibility date;
17. Violation of subsection (a-2) of Section 11-1301.3
of this Code or a similar provision of a local ordinance;
18. A second or subsequent conviction of illegal
possession, while operating or in actual physical control,
as a driver, of a motor vehicle, of any controlled
substance prohibited under the Illinois Controlled

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Substances Act, any cannabis prohibited under the Cannabis
Control Act, or any methamphetamine prohibited under the
Methamphetamine Control and Community Protection Act. A
defendant found guilty of this offense while operating a
motor vehicle shall have an entry made in the court record
by the presiding judge that this offense did occur while
the defendant was operating a motor vehicle and order the
clerk of the court to report the violation to the Secretary
of State.
(b) The Secretary of State shall also immediately revoke
the license or permit of any driver in the following
situations:
1. Of any minor upon receiving the notice provided for
in Section 5-901 of the Juvenile Court Act of 1987 that the
minor has been adjudicated under that Act as having
committed an offense relating to motor vehicles prescribed
in Section 4-103 of this Code;
2. Of any person when any other law of this State
requires either the revocation or suspension of a license
or permit;
3. Of any person adjudicated under the Juvenile Court
Act of 1987 based on an offense determined to have been
committed in furtherance of the criminal activities of an
organized gang as provided in Section 5-710 of that Act,
and that involved the operation or use of a motor vehicle
or the use of a driver's license or permit. The revocation

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shall remain in effect for the period determined by the
court. Upon the direction of the court, the Secretary shall
issue the person a judicial driving permit, also known as a
JDP. The JDP shall be subject to the same terms as a JDP
issued under Section 6-206.1, except that the court may
direct that a JDP issued under this subdivision (b)(3) be
effective immediately.
(c)(1) Whenever a person is convicted of any of the
offenses enumerated in this Section, the court may recommend
and the Secretary of State in his discretion, without regard to
whether the recommendation is made by the court may, upon
application, issue to the person a restricted driving permit
granting the privilege of driving a motor vehicle between the
petitioner's residence and petitioner's place of employment or
within the scope of the petitioner's employment related duties,
or to allow the petitioner to transport himself or herself or a
family member of the petitioner's household to a medical
facility for the receipt of necessary medical care or to allow
the petitioner to transport himself or herself to and from
alcohol or drug remedial or rehabilitative activity
recommended by a licensed service provider, or to allow the
petitioner to transport himself or herself or a family member
of the petitioner's household to classes, as a student, at an
accredited educational institution, or to allow the petitioner
to transport children, elderly persons, or persons with
disabilities disabled persons who do not hold driving

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privileges and are living in the petitioner's household to and
from daycare; if the petitioner is able to demonstrate that no
alternative means of transportation is reasonably available
and that the petitioner will not endanger the public safety or
welfare; provided that the Secretary's discretion shall be
limited to cases where undue hardship, as defined by the rules
of the Secretary of State, would result from a failure to issue
the restricted driving permit. Those multiple offenders
identified in subdivision (b)4 of Section 6-208 of this Code,
however, shall not be eligible for the issuance of a restricted
driving permit.
(2) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or Section 9-3
of the Criminal Code of 1961 or the Criminal Code of 2012,
where the use of alcohol or other drugs is recited as an
element of the offense, or a similar out-of-state offense,
or a combination of these offenses, arising out of separate
occurrences, that person, if issued a restricted driving
permit, may not operate a vehicle unless it has been
equipped with an ignition interlock device as defined in
Section 1-129.1.
(3) If:
(A) a person's license or permit is revoked or
suspended 2 or more times within a 10 year period due

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to any combination of:
(i) a single conviction of violating Section
11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense,
or Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012, where the use of alcohol or
other drugs is recited as an element of the
offense, or a similar out-of-state offense; or
(ii) a statutory summary suspension or
revocation under Section 11-501.1; or
(iii) a suspension pursuant to Section
6-203.1;
arising out of separate occurrences; or
(B) a person has been convicted of one violation of
Section 6-303 of this Code committed while his or her
driver's license, permit, or privilege was revoked
because of a violation of Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012, relating to
the offense of reckless homicide where the use of
alcohol or other drugs was recited as an element of the
offense, or a similar provision of a law of another
state;
that person, if issued a restricted driving permit, may not
operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(4) The person issued a permit conditioned on the use

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of an ignition interlock device must pay to the Secretary
of State DUI Administration Fund an amount not to exceed
$30 per month. The Secretary shall establish by rule the
amount and the procedures, terms, and conditions relating
to these fees.
(5) If the restricted driving permit is issued for
employment purposes, then the prohibition against
operating a motor vehicle that is not equipped with an
ignition interlock device does not apply to the operation
of an occupational vehicle owned or leased by that person's
employer when used solely for employment purposes.
(6) In each case the Secretary of State may issue a
restricted driving permit for a period he deems
appropriate, except that the permit shall expire within one
year from the date of issuance. The Secretary may not,
however, issue a restricted driving permit to any person
whose current revocation is the result of a second or
subsequent conviction for a violation of Section 11-501 of
this Code or a similar provision of a local ordinance or
any similar out-of-state offense, or Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012, where
the use of alcohol or other drugs is recited as an element
of the offense, or any similar out-of-state offense, or any
combination of these offenses, until the expiration of at
least one year from the date of the revocation. A
restricted driving permit issued under this Section shall

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be subject to cancellation, revocation, and suspension by
the Secretary of State in like manner and for like cause as
a driver's license issued under this Code may be cancelled,
revoked, or suspended; except that a conviction upon one or
more offenses against laws or ordinances regulating the
movement of traffic shall be deemed sufficient cause for
the revocation, suspension, or cancellation of a
restricted driving permit. The Secretary of State may, as a
condition to the issuance of a restricted driving permit,
require the petitioner to participate in a designated
driver remedial or rehabilitative program. The Secretary
of State is authorized to cancel a restricted driving
permit if the permit holder does not successfully complete
the program. However, if an individual's driving
privileges have been revoked in accordance with paragraph
13 of subsection (a) of this Section, no restricted driving
permit shall be issued until the individual has served 6
months of the revocation period.
(c-5) (Blank).
(c-6) If a person is convicted of a second violation of
operating a motor vehicle while the person's driver's license,
permit or privilege was revoked, where the revocation was for a
violation of Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 relating to the offense of reckless
homicide or a similar out-of-state offense, the person's
driving privileges shall be revoked pursuant to subdivision

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(a)(15) of this Section. The person may not make application
for a license or permit until the expiration of five years from
the effective date of the revocation or the expiration of five
years from the date of release from a term of imprisonment,
whichever is later.
(c-7) If a person is convicted of a third or subsequent
violation of operating a motor vehicle while the person's
driver's license, permit or privilege was revoked, where the
revocation was for a violation of Section 9-3 of the Criminal
Code of 1961 or the Criminal Code of 2012 relating to the
offense of reckless homicide or a similar out-of-state offense,
the person may never apply for a license or permit.
(d)(1) Whenever a person under the age of 21 is convicted
under Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense, the
Secretary of State shall revoke the driving privileges of that
person. One year after the date of revocation, and upon
application, the Secretary of State may, if satisfied that the
person applying will not endanger the public safety or welfare,
issue a restricted driving permit granting the privilege of
driving a motor vehicle only between the hours of 5 a.m. and 9
p.m. or as otherwise provided by this Section for a period of
one year. After this one year period, and upon reapplication
for a license as provided in Section 6-106, upon payment of the
appropriate reinstatement fee provided under paragraph (b) of
Section 6-118, the Secretary of State, in his discretion, may

HB4049 Enrolled - 1485 - LRB099 03667 KTG 23678 b
reinstate the petitioner's driver's license and driving
privileges, or extend the restricted driving permit as many
times as the Secretary of State deems appropriate, by
additional periods of not more than 12 months each.
(2) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or Section 9-3
of the Criminal Code of 1961 or the Criminal Code of 2012,
where the use of alcohol or other drugs is recited as an
element of the offense, or a similar out-of-state offense,
or a combination of these offenses, arising out of separate
occurrences, that person, if issued a restricted driving
permit, may not operate a vehicle unless it has been
equipped with an ignition interlock device as defined in
Section 1-129.1.
(3) If a person's license or permit is revoked or
suspended 2 or more times within a 10 year period due to
any combination of:
(A) a single conviction of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or
Section 9-3 of the Criminal Code of 1961 or the
Criminal Code of 2012, where the use of alcohol or
other drugs is recited as an element of the offense, or
a similar out-of-state offense; or

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(B) a statutory summary suspension or revocation
under Section 11-501.1; or
(C) a suspension pursuant to Section 6-203.1;
arising out of separate occurrences, that person, if issued
a restricted driving permit, may not operate a vehicle
unless it has been equipped with an ignition interlock
device as defined in Section 1-129.1.
(4) The person issued a permit conditioned upon the use
of an interlock device must pay to the Secretary of State
DUI Administration Fund an amount not to exceed $30 per
month. The Secretary shall establish by rule the amount and
the procedures, terms, and conditions relating to these
fees.
(5) If the restricted driving permit is issued for
employment purposes, then the prohibition against driving
a vehicle that is not equipped with an ignition interlock
device does not apply to the operation of an occupational
vehicle owned or leased by that person's employer when used
solely for employment purposes.
(6) A restricted driving permit issued under this
Section shall be subject to cancellation, revocation, and
suspension by the Secretary of State in like manner and for
like cause as a driver's license issued under this Code may
be cancelled, revoked, or suspended; except that a
conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be

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deemed sufficient cause for the revocation, suspension, or
cancellation of a restricted driving permit.
(d-5) The revocation of the license, permit, or driving
privileges of a person convicted of a third or subsequent
violation of Section 6-303 of this Code committed while his or
her driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961 or
the Criminal Code of 2012, relating to the offense of reckless
homicide, or a similar provision of a law of another state, is
permanent. The Secretary may not, at any time, issue a license
or permit to that person.
(e) This Section is subject to the provisions of the Driver
License Compact.
(f) Any revocation imposed upon any person under
subsections 2 and 3 of paragraph (b) that is in effect on
December 31, 1988 shall be converted to a suspension for a like
period of time.
(g) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been revoked under any provisions of
this Code.
(h) The Secretary of State shall require the use of
ignition interlock devices on all vehicles owned by a person
who has been convicted of a second or subsequent offense under
Section 11-501 of this Code or a similar provision of a local
ordinance. The person must pay to the Secretary of State DUI

HB4049 Enrolled - 1488 - LRB099 03667 KTG 23678 b
Administration Fund an amount not to exceed $30 for each month
that he or she uses the device. The Secretary shall establish
by rule and regulation the procedures for certification and use
of the interlock system, the amount of the fee, and the
procedures, terms, and conditions relating to these fees.
(i) (Blank).
(j) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been revoked, suspended,
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 96-328, eff. 8-11-09; 96-607, eff. 8-24-09;
96-1180, eff. 1-1-11; 96-1305, eff. 1-1-11; 96-1344, eff.
7-1-11; 97-333, eff. 8-12-11; 97-838, eff. 1-1-13; 97-844, eff.
1-1-13; 97-1150, eff. 1-25-13.)
(625 ILCS 5/6-206)
Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; Right to a hearing.
(a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without preliminary
hearing upon a showing of the person's records or other
sufficient evidence that the person:
1. Has committed an offense for which mandatory
revocation of a driver's license or permit is required upon
conviction;

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2. Has been convicted of not less than 3 offenses
against traffic regulations governing the movement of
vehicles committed within any 12 month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
3. Has been repeatedly involved as a driver in motor
vehicle collisions or has been repeatedly convicted of
offenses against laws and ordinances regulating the
movement of traffic, to a degree that indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
4. Has by the unlawful operation of a motor vehicle
caused or contributed to an accident resulting in injury
requiring immediate professional treatment in a medical
facility or doctor's office to any person, except that any
suspension or revocation imposed by the Secretary of State
under the provisions of this subsection shall start no
later than 6 months after being convicted of violating a
law or ordinance regulating the movement of traffic, which
violation is related to the accident, or shall start not
more than one year after the date of the accident,
whichever date occurs later;
5. Has permitted an unlawful or fraudulent use of a
driver's license, identification card, or permit;

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6. Has been lawfully convicted of an offense or
offenses in another state, including the authorization
contained in Section 6-203.1, which if committed within
this State would be grounds for suspension or revocation;
7. Has refused or failed to submit to an examination
provided for by Section 6-207 or has failed to pass the
examination;
8. Is ineligible for a driver's license or permit under
the provisions of Section 6-103;
9. Has made a false statement or knowingly concealed a
material fact or has used false information or
identification in any application for a license,
identification card, or permit;
10. Has possessed, displayed, or attempted to
fraudulently use any license, identification card, or
permit not issued to the person;
11. Has operated a motor vehicle upon a highway of this
State when the person's driving privilege or privilege to
obtain a driver's license or permit was revoked or
suspended unless the operation was authorized by a
monitoring device driving permit, judicial driving permit
issued prior to January 1, 2009, probationary license to
drive, or a restricted driving permit issued under this
Code;
12. Has submitted to any portion of the application
process for another person or has obtained the services of

HB4049 Enrolled - 1491 - LRB099 03667 KTG 23678 b
another person to submit to any portion of the application
process for the purpose of obtaining a license,
identification card, or permit for some other person;
13. Has operated a motor vehicle upon a highway of this
State when the person's driver's license or permit was
invalid under the provisions of Sections 6-107.1 and 6-110;
14. Has committed a violation of Section 6-301,
6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
of the Illinois Identification Card Act;
15. Has been convicted of violating Section 21-2 of the
Criminal Code of 1961 or the Criminal Code of 2012 relating
to criminal trespass to vehicles in which case, the
suspension shall be for one year;
16. Has been convicted of violating Section 11-204 of
this Code relating to fleeing from a peace officer;
17. Has refused to submit to a test, or tests, as
required under Section 11-501.1 of this Code and the person
has not sought a hearing as provided for in Section
11-501.1;
18. Has, since issuance of a driver's license or
permit, been adjudged to be afflicted with or suffering
from any mental disability or disease;
19. Has committed a violation of paragraph (a) or (b)
of Section 6-101 relating to driving without a driver's
license;
20. Has been convicted of violating Section 6-104

HB4049 Enrolled - 1492 - LRB099 03667 KTG 23678 b
relating to classification of driver's license;
21. Has been convicted of violating Section 11-402 of
this Code relating to leaving the scene of an accident
resulting in damage to a vehicle in excess of $1,000, in
which case the suspension shall be for one year;
22. Has used a motor vehicle in violating paragraph
(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
the Criminal Code of 1961 or the Criminal Code of 2012
relating to unlawful use of weapons, in which case the
suspension shall be for one year;
23. Has, as a driver, been convicted of committing a
violation of paragraph (a) of Section 11-502 of this Code
for a second or subsequent time within one year of a
similar violation;
24. Has been convicted by a court-martial or punished
by non-judicial punishment by military authorities of the
United States at a military installation in Illinois or in
another state of or for a traffic related offense that is
the same as or similar to an offense specified under
Section 6-205 or 6-206 of this Code;
25. Has permitted any form of identification to be used
by another in the application process in order to obtain or
attempt to obtain a license, identification card, or
permit;
26. Has altered or attempted to alter a license or has
possessed an altered license, identification card, or

HB4049 Enrolled - 1493 - LRB099 03667 KTG 23678 b
permit;
27. Has violated Section 6-16 of the Liquor Control Act
of 1934;
28. Has been convicted for a first time of the illegal
possession, while operating or in actual physical control,
as a driver, of a motor vehicle, of any controlled
substance prohibited under the Illinois Controlled
Substances Act, any cannabis prohibited under the Cannabis
Control Act, or any methamphetamine prohibited under the
Methamphetamine Control and Community Protection Act, in
which case the person's driving privileges shall be
suspended for one year. Any defendant found guilty of this
offense while operating a motor vehicle, shall have an
entry made in the court record by the presiding judge that
this offense did occur while the defendant was operating a
motor vehicle and order the clerk of the court to report
the violation to the Secretary of State;
29. Has been convicted of the following offenses that
were committed while the person was operating or in actual
physical control, as a driver, of a motor vehicle: criminal
sexual assault, predatory criminal sexual assault of a
child, aggravated criminal sexual assault, criminal sexual
abuse, aggravated criminal sexual abuse, juvenile pimping,
soliciting for a juvenile prostitute, promoting juvenile
prostitution as described in subdivision (a)(1), (a)(2),
or (a)(3) of Section 11-14.4 of the Criminal Code of 1961

HB4049 Enrolled - 1494 - LRB099 03667 KTG 23678 b
or the Criminal Code of 2012, and the manufacture, sale or
delivery of controlled substances or instruments used for
illegal drug use or abuse in which case the driver's
driving privileges shall be suspended for one year;
30. Has been convicted a second or subsequent time for
any combination of the offenses named in paragraph 29 of
this subsection, in which case the person's driving
privileges shall be suspended for 5 years;
31. Has refused to submit to a test as required by
Section 11-501.6 of this Code or Section 5-16c of the Boat
Registration and Safety Act or has submitted to a test
resulting in an alcohol concentration of 0.08 or more or
any amount of a drug, substance, or compound resulting from
the unlawful use or consumption of cannabis as listed in
the Cannabis Control Act, a controlled substance as listed
in the Illinois Controlled Substances Act, an intoxicating
compound as listed in the Use of Intoxicating Compounds
Act, or methamphetamine as listed in the Methamphetamine
Control and Community Protection Act, in which case the
penalty shall be as prescribed in Section 6-208.1;
32. Has been convicted of Section 24-1.2 of the
Criminal Code of 1961 or the Criminal Code of 2012 relating
to the aggravated discharge of a firearm if the offender
was located in a motor vehicle at the time the firearm was
discharged, in which case the suspension shall be for 3
years;

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33. Has as a driver, who was less than 21 years of age
on the date of the offense, been convicted a first time of
a violation of paragraph (a) of Section 11-502 of this Code
or a similar provision of a local ordinance;
34. Has committed a violation of Section 11-1301.5 of
this Code or a similar provision of a local ordinance;
35. Has committed a violation of Section 11-1301.6 of
this Code or a similar provision of a local ordinance;
36. Is under the age of 21 years at the time of arrest
and has been convicted of not less than 2 offenses against
traffic regulations governing the movement of vehicles
committed within any 24 month period. No revocation or
suspension shall be entered more than 6 months after the
date of last conviction;
37. Has committed a violation of subsection (c) of
Section 11-907 of this Code that resulted in damage to the
property of another or the death or injury of another;
38. Has been convicted of a violation of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of
a local ordinance;
39. Has committed a second or subsequent violation of
Section 11-1201 of this Code;
40. Has committed a violation of subsection (a-1) of
Section 11-908 of this Code;
41. Has committed a second or subsequent violation of
Section 11-605.1 of this Code, a similar provision of a

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local ordinance, or a similar violation in any other state
within 2 years of the date of the previous violation, in
which case the suspension shall be for 90 days;
42. Has committed a violation of subsection (a-1) of
Section 11-1301.3 of this Code or a similar provision of a
local ordinance;
43. Has received a disposition of court supervision for
a violation of subsection (a), (d), or (e) of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of
a local ordinance, in which case the suspension shall be
for a period of 3 months;
44. Is under the age of 21 years at the time of arrest
and has been convicted of an offense against traffic
regulations governing the movement of vehicles after
having previously had his or her driving privileges
suspended or revoked pursuant to subparagraph 36 of this
Section;
45. Has, in connection with or during the course of a
formal hearing conducted under Section 2-118 of this Code:
(i) committed perjury; (ii) submitted fraudulent or
falsified documents; (iii) submitted documents that have
been materially altered; or (iv) submitted, as his or her
own, documents that were in fact prepared or composed for
another person;
46. Has committed a violation of subsection (j) of
Section 3-413 of this Code; or

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47. Has committed a violation of Section 11-502.1 of
this Code.
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's license,
any traffic ticket issued when the person's driver's license is
deposited in lieu of bail, a suspension notice issued by the
Secretary of State, a duplicate or corrected driver's license,
a probationary driver's license or a temporary driver's
license.
(b) If any conviction forming the basis of a suspension or
revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be, provided
that a certified copy of a stay order of a court is filed with
the Secretary of State. If the conviction is affirmed on
appeal, the date of the conviction shall relate back to the
time the original judgment of conviction was entered and the 6
month limitation prescribed shall not apply.
(c) 1. Upon suspending or revoking the driver's license or
permit of any person as authorized in this Section, the
Secretary of State shall immediately notify the person in
writing of the revocation or suspension. The notice to be
deposited in the United States mail, postage prepaid, to the
last known address of the person.
2. If the Secretary of State suspends the driver's license
of a person under subsection 2 of paragraph (a) of this

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Section, a person's privilege to operate a vehicle as an
occupation shall not be suspended, provided an affidavit is
properly completed, the appropriate fee received, and a permit
issued prior to the effective date of the suspension, unless 5
offenses were committed, at least 2 of which occurred while
operating a commercial vehicle in connection with the driver's
regular occupation. All other driving privileges shall be
suspended by the Secretary of State. Any driver prior to
operating a vehicle for occupational purposes only must submit
the affidavit on forms to be provided by the Secretary of State
setting forth the facts of the person's occupation. The
affidavit shall also state the number of offenses committed
while operating a vehicle in connection with the driver's
regular occupation. The affidavit shall be accompanied by the
driver's license. Upon receipt of a properly completed
affidavit, the Secretary of State shall issue the driver a
permit to operate a vehicle in connection with the driver's
regular occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the
privilege to drive any motor vehicle shall be suspended as set
forth in the notice that was mailed under this Section. If an
affidavit is received subsequent to the effective date of this
suspension, a permit may be issued for the remainder of the
suspension period.
The provisions of this subparagraph shall not apply to any
driver required to possess a CDL for the purpose of operating a

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commercial motor vehicle.
Any person who falsely states any fact in the affidavit
required herein shall be guilty of perjury under Section 6-302
and upon conviction thereof shall have all driving privileges
revoked without further rights.
3. At the conclusion of a hearing under Section 2-118 of
this Code, the Secretary of State shall either rescind or
continue an order of revocation or shall substitute an order of
suspension; or, good cause appearing therefor, rescind,
continue, change, or extend the order of suspension. If the
Secretary of State does not rescind the order, the Secretary
may upon application, to relieve undue hardship (as defined by
the rules of the Secretary of State), issue a restricted
driving permit granting the privilege of driving a motor
vehicle between the petitioner's residence and petitioner's
place of employment or within the scope of the petitioner's
employment related duties, or to allow the petitioner to
transport himself or herself, or a family member of the
petitioner's household to a medical facility, to receive
necessary medical care, to allow the petitioner to transport
himself or herself to and from alcohol or drug remedial or
rehabilitative activity recommended by a licensed service
provider, or to allow the petitioner to transport himself or
herself or a family member of the petitioner's household to
classes, as a student, at an accredited educational
institution, or to allow the petitioner to transport children,

HB4049 Enrolled - 1500 - LRB099 03667 KTG 23678 b
elderly persons, or persons with disabilities disabled persons
who do not hold driving privileges and are living in the
petitioner's household to and from daycare. The petitioner must
demonstrate that no alternative means of transportation is
reasonably available and that the petitioner will not endanger
the public safety or welfare. Those multiple offenders
identified in subdivision (b)4 of Section 6-208 of this Code,
however, shall not be eligible for the issuance of a restricted
driving permit.
(A) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense, or Section 9-3
of the Criminal Code of 1961 or the Criminal Code of 2012,
where the use of alcohol or other drugs is recited as an
element of the offense, or a similar out-of-state offense,
or a combination of these offenses, arising out of separate
occurrences, that person, if issued a restricted driving
permit, may not operate a vehicle unless it has been
equipped with an ignition interlock device as defined in
Section 1-129.1.
(B) If a person's license or permit is revoked or
suspended 2 or more times within a 10 year period due to
any combination of:
(i) a single conviction of violating Section
11-501 of this Code or a similar provision of a local

HB4049 Enrolled - 1501 - LRB099 03667 KTG 23678 b
ordinance or a similar out-of-state offense or Section
9-3 of the Criminal Code of 1961 or the Criminal Code
of 2012, where the use of alcohol or other drugs is
recited as an element of the offense, or a similar
out-of-state offense; or
(ii) a statutory summary suspension or revocation
under Section 11-501.1; or
(iii) a suspension under Section 6-203.1;
arising out of separate occurrences; that person, if issued
a restricted driving permit, may not operate a vehicle
unless it has been equipped with an ignition interlock
device as defined in Section 1-129.1.
(C) The person issued a permit conditioned upon the use
of an ignition interlock device must pay to the Secretary
of State DUI Administration Fund an amount not to exceed
$30 per month. The Secretary shall establish by rule the
amount and the procedures, terms, and conditions relating
to these fees.
(D) If the restricted driving permit is issued for
employment purposes, then the prohibition against
operating a motor vehicle that is not equipped with an
ignition interlock device does not apply to the operation
of an occupational vehicle owned or leased by that person's
employer when used solely for employment purposes.
(E) In each case the Secretary may issue a restricted
driving permit for a period deemed appropriate, except that

HB4049 Enrolled - 1502 - LRB099 03667 KTG 23678 b
all permits shall expire within one year from the date of
issuance. The Secretary may not, however, issue a
restricted driving permit to any person whose current
revocation is the result of a second or subsequent
conviction for a violation of Section 11-501 of this Code
or a similar provision of a local ordinance or any similar
out-of-state offense, or Section 9-3 of the Criminal Code
of 1961 or the Criminal Code of 2012, where the use of
alcohol or other drugs is recited as an element of the
offense, or any similar out-of-state offense, or any
combination of those offenses, until the expiration of at
least one year from the date of the revocation. A
restricted driving permit issued under this Section shall
be subject to cancellation, revocation, and suspension by
the Secretary of State in like manner and for like cause as
a driver's license issued under this Code may be cancelled,
revoked, or suspended; except that a conviction upon one or
more offenses against laws or ordinances regulating the
movement of traffic shall be deemed sufficient cause for
the revocation, suspension, or cancellation of a
restricted driving permit. The Secretary of State may, as a
condition to the issuance of a restricted driving permit,
require the applicant to participate in a designated driver
remedial or rehabilitative program. The Secretary of State
is authorized to cancel a restricted driving permit if the
permit holder does not successfully complete the program.

HB4049 Enrolled - 1503 - LRB099 03667 KTG 23678 b
(c-3) In the case of a suspension under paragraph 43 of
subsection (a), reports received by the Secretary of State
under this Section shall, except during the actual time the
suspension is in effect, be privileged information and for use
only by the courts, police officers, prosecuting authorities,
the driver licensing administrator of any other state, the
Secretary of State, or the parent or legal guardian of a driver
under the age of 18. However, beginning January 1, 2008, if the
person is a CDL holder, the suspension shall also be made
available to the driver licensing administrator of any other
state, the U.S. Department of Transportation, and the affected
driver or motor carrier or prospective motor carrier upon
request.
(c-4) In the case of a suspension under paragraph 43 of
subsection (a), the Secretary of State shall notify the person
by mail that his or her driving privileges and driver's license
will be suspended one month after the date of the mailing of
the notice.
(c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he
or she reached the age of 21 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.
(d) This Section is subject to the provisions of the

HB4049 Enrolled - 1504 - LRB099 03667 KTG 23678 b
Drivers License Compact.
(e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
(f) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been suspended, revoked,
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 97-229, eff. 7-28-11; 97-333, eff. 8-12-11;
97-743, eff. 1-1-13; 97-838, eff. 1-1-13; 97-844, eff. 1-1-13;
97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-103, eff.
1-1-14; 98-122, eff. 1-1-14; 98-726, eff. 1-1-15; 98-756, eff.
7-16-14.)
(625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208)
Sec. 11-208. Powers of local authorities.
(a) The provisions of this Code shall not be deemed to
prevent local authorities with respect to streets and highways
under their jurisdiction and within the reasonable exercise of
the police power from:
1. Regulating the standing or parking of vehicles,
except as limited by Sections 11-1306 and 11-1307 of this
Act;
2. Regulating traffic by means of police officers or

HB4049 Enrolled - 1505 - LRB099 03667 KTG 23678 b
traffic control signals;
3. Regulating or prohibiting processions or
assemblages on the highways; and certifying persons to
control traffic for processions or assemblages;
4. Designating particular highways as one-way highways
and requiring that all vehicles thereon be moved in one
specific direction;
5. Regulating the speed of vehicles in public parks
subject to the limitations set forth in Section 11-604;
6. Designating any highway as a through highway, as
authorized in Section 11-302, and requiring that all
vehicles stop before entering or crossing the same or
designating any intersection as a stop intersection or a
yield right-of-way intersection and requiring all vehicles
to stop or yield the right-of-way at one or more entrances
to such intersections;
7. Restricting the use of highways as authorized in
Chapter 15;
8. Regulating the operation of bicycles and requiring
the registration and licensing of same, including the
requirement of a registration fee;
9. Regulating or prohibiting the turning of vehicles or
specified types of vehicles at intersections;
10. Altering the speed limits as authorized in Section
11-604;
11. Prohibiting U-turns;

HB4049 Enrolled - 1506 - LRB099 03667 KTG 23678 b
12. Prohibiting pedestrian crossings at other than
designated and marked crosswalks or at intersections;
13. Prohibiting parking during snow removal operation;
14. Imposing fines in accordance with Section
11-1301.3 as penalties for use of any parking place
reserved for persons with disabilities, as defined by
Section 1-159.1, or veterans with disabilities disabled
veterans by any person using a motor vehicle not bearing
registration plates specified in Section 11-1301.1 or a
special decal or device as defined in Section 11-1301.2 as
evidence that the vehicle is operated by or for a person
with disabilities or a veteran with a disability disabled
veteran;
15. Adopting such other traffic regulations as are
specifically authorized by this Code; or
16. Enforcing the provisions of subsection (f) of
Section 3-413 of this Code or a similar local ordinance.
(b) No ordinance or regulation enacted under subsections 1,
4, 5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be effective
until signs giving reasonable notice of such local traffic
regulations are posted.
(c) The provisions of this Code shall not prevent any
municipality having a population of 500,000 or more inhabitants
from prohibiting any person from driving or operating any motor
vehicle upon the roadways of such municipality with headlamps
on high beam or bright.

HB4049 Enrolled - 1507 - LRB099 03667 KTG 23678 b
(d) The provisions of this Code shall not be deemed to
prevent local authorities within the reasonable exercise of
their police power from prohibiting, on private property, the
unauthorized use of parking spaces reserved for persons with
disabilities.
(e) No unit of local government, including a home rule
unit, may enact or enforce an ordinance that applies only to
motorcycles if the principal purpose for that ordinance is to
restrict the access of motorcycles to any highway or portion of
a highway for which federal or State funds have been used for
the planning, design, construction, or maintenance of that
highway. No unit of local government, including a home rule
unit, may enact an ordinance requiring motorcycle users to wear
protective headgear. Nothing in this subsection (e) shall
affect the authority of a unit of local government to regulate
motorcycles for traffic control purposes or in accordance with
Section 12-602 of this Code. No unit of local government,
including a home rule unit, may regulate motorcycles in a
manner inconsistent with this Code. This subsection (e) is a
limitation under subsection (i) of Section 6 of Article VII of
the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State.
(f) A municipality or county designated in Section 11-208.6
may enact an ordinance providing for an automated traffic law
enforcement system to enforce violations of this Code or a
similar provision of a local ordinance and imposing liability

HB4049 Enrolled - 1508 - LRB099 03667 KTG 23678 b
on a registered owner or lessee of a vehicle used in such a
violation.
(g) A municipality or county, as provided in Section
11-1201.1, may enact an ordinance providing for an automated
traffic law enforcement system to enforce violations of Section
11-1201 of this Code or a similar provision of a local
ordinance and imposing liability on a registered owner of a
vehicle used in such a violation.
(h) A municipality designated in Section 11-208.8 may enact
an ordinance providing for an automated speed enforcement
system to enforce violations of Article VI of Chapter 11 of
this Code or a similar provision of a local ordinance.
(i) A municipality or county designated in Section 11-208.9
may enact an ordinance providing for an automated traffic law
enforcement system to enforce violations of Section 11-1414 of
this Code or a similar provision of a local ordinance and
imposing liability on a registered owner or lessee of a vehicle
used in such a violation.
(Source: P.A. 97-29, eff. 1-1-12; 97-672, eff. 7-1-12; 98-396,
eff. 1-1-14; 98-556, eff. 1-1-14; 98-756, eff. 7-16-14.)
(625 ILCS 5/11-209) (from Ch. 95 1/2, par. 11-209)
Sec. 11-209. Powers of municipalities and counties -
Contract with school boards, hospitals, churches, condominium
complex unit owners' associations, and commercial and
industrial facility, shopping center, and apartment complex

HB4049 Enrolled - 1509 - LRB099 03667 KTG 23678 b
owners for regulation of traffic.
(a) The corporate authorities of any municipality or the
county board of any county, and a school board, hospital,
church, condominium complex unit owners' association, or owner
of any commercial and industrial facility, shopping center, or
apartment complex which controls a parking area located within
the limits of the municipality, or outside the limits of the
municipality and within the boundaries of the county, may, by
contract, empower the municipality or county to regulate the
parking of automobiles and the traffic at such parking area.
Such contract shall empower the municipality or county to
accomplish all or any part of the following:
1. The erection of stop signs, flashing signals, person
with disabilities parking area signs or yield signs at
specified locations in a parking area and the adoption of
appropriate regulations thereto pertaining, or the
designation of any intersection in the parking area as a
stop intersection or as a yield intersection and the
ordering of like signs or signals at one or more entrances
to such intersection, subject to the provisions of this
Chapter.
2. The prohibition or regulation of the turning of
vehicles or specified types of vehicles at intersections or
other designated locations in the parking area.
3. The regulation of a crossing of any roadway in the
parking area by pedestrians.

HB4049 Enrolled - 1510 - LRB099 03667 KTG 23678 b
4. The designation of any separate roadway in the
parking area for one-way traffic.
5. The establishment and regulation of loading zones.
6. The prohibition, regulation, restriction or
limitation of the stopping, standing or parking of vehicles
in specified areas of the parking area.
7. The designation of safety zones in the parking area
and fire lanes.
8. Providing for the removal and storage of vehicles
parked or abandoned in the parking area during snowstorms,
floods, fires, or other public emergencies, or found
unattended in the parking area, (a) where they constitute
an obstruction to traffic, or (b) where stopping, standing
or parking is prohibited, and for the payment of reasonable
charges for such removal and storage by the owner or
operator of any such vehicle.
9. Providing that the cost of planning, installation,
maintenance and enforcement of parking and traffic
regulations pursuant to any contract entered into under the
authority of this paragraph (a) of this Section be borne by
the municipality or county, or by the school board,
hospital, church, property owner, apartment complex owner,
or condominium complex unit owners' association, or that a
percentage of the cost be shared by the parties to the
contract.
10. Causing the installation of parking meters on the

HB4049 Enrolled - 1511 - LRB099 03667 KTG 23678 b
parking area and establishing whether the expense of
installing said parking meters and maintenance thereof
shall be that of the municipality or county, or that of the
school board, hospital, church, condominium complex unit
owners' association, shopping center or apartment complex
owner. All moneys obtained from such parking meters as may
be installed on any parking area shall belong to the
municipality or county.
11. Causing the installation of parking signs in
accordance with Section 11-301 in areas of the parking lots
covered by this Section and where desired by the person
contracting with the appropriate authority listed in
paragraph (a) of this Section, indicating that such parking
spaces are reserved for persons with disabilities.
12. Contracting for such additional reasonable rules
and regulations with respect to traffic and parking in a
parking area as local conditions may require for the safety
and convenience of the public or of the users of the
parking area.
(b) No contract entered into pursuant to this Section shall
exceed a period of 20 years. No lessee of a shopping center or
apartment complex shall enter into such a contract for a longer
period of time than the length of his lease.
(c) Any contract entered into pursuant to this Section
shall be recorded in the office of the recorder in the county
in which the parking area is located, and no regulation made

HB4049 Enrolled - 1512 - LRB099 03667 KTG 23678 b
pursuant to the contract shall be effective or enforceable
until 3 days after the contract is so recorded.
(d) At such time as parking and traffic regulations have
been established at any parking area pursuant to the contract
as provided for in this Section, then it shall be a petty
offense for any person to do any act forbidden or to fail to
perform any act required by such parking or traffic regulation.
If the violation is the parking in a parking space reserved for
persons with disabilities under paragraph (11) of this Section,
by a person without special registration plates issued to a
person with disabilities, as defined by Section 1-159.1,
pursuant to Section 3-616 of this Code, or to a veteran with a
disability disabled veteran pursuant to Section 3-609 of this
Code, the local police of the contracting corporate municipal
authorities shall issue a parking ticket to such parking
violator and issue a fine in accordance with Section 11-1301.3.
(e) The term "shopping center", as used in this Section,
means premises having one or more stores or business
establishments in connection with which there is provided on
privately-owned property near or contiguous thereto an area, or
areas, of land used by the public as the means of access to and
egress from the stores and business establishments on such
premises and for the parking of motor vehicles of customers and
patrons of such stores and business establishments on such
premises.
(f) The term "parking area", as used in this Section, means

HB4049 Enrolled - 1513 - LRB099 03667 KTG 23678 b
an area, or areas, of land near or contiguous to a school,
church, or hospital building, shopping center, apartment
complex, or condominium complex, but not the public highways or
alleys, and used by the public as the means of access to and
egress from such buildings and the stores and business
establishments at a shopping center and for the parking of
motor vehicles.
(g) The terms "owner", "property owner", "shopping center
owner", and "apartment complex owner", as used in this Section,
mean the actual legal owner of the shopping center parking area
or apartment complex, the trust officer of a banking
institution having the right to manage and control such
property, or a person having the legal right, through lease or
otherwise, to manage or control the property.
(g-5) The term "condominium complex unit owners'
association", as used in this Section, means a "unit owners'
association" as defined in Section 2 of the Condominium
Property Act.
(h) The term "fire lane", as used in this Section, means
travel lanes for the fire fighting equipment upon which there
shall be no standing or parking of any motor vehicle at any
time so that fire fighting equipment can move freely thereon.
(i) The term "apartment complex", as used in this Section,
means premises having one or more apartments in connection with
which there is provided on privately-owned property near or
contiguous thereto an area, or areas, of land used by occupants

HB4049 Enrolled - 1514 - LRB099 03667 KTG 23678 b
of such apartments or their guests as a means of access to and
egress from such apartments or for the parking of motor
vehicles of such occupants or their guests.
(j) The term "condominium complex", as used in this
Section, means the units, common elements, and limited common
elements that are located on the parcels, as those terms are
defined in Section 2 of the Condominium Property Act.
(k) The term "commercial and industrial facility", as used
in this Section, means a premises containing one or more
commercial and industrial facility establishments in
connection with which there is provided on privately-owned
property near or contiguous to the premises an area or areas of
land used by the public as the means of access to and egress
from the commercial and industrial facility establishment on
the premises and for the parking of motor vehicles of
customers, patrons, and employees of the commercial and
industrial facility establishment on the premises.
(l) The provisions of this Section shall not be deemed to
prevent local authorities from enforcing, on private property,
local ordinances imposing fines, in accordance with Section
11-1301.3, as penalties for use of any parking place reserved
for persons with disabilities, as defined by Section 1-159.1,
or veterans with disabilities disabled veterans by any person
using a motor vehicle not bearing registration plates specified
in Section 11-1301.1 or a special decal or device as defined in
Section 11-1301.2 as evidence that the vehicle is operated by

HB4049 Enrolled - 1515 - LRB099 03667 KTG 23678 b
or for a person with disabilities or a veteran with a
disability disabled veteran.
This amendatory Act of 1972 is not a prohibition upon the
contractual and associational powers granted by Article VII,
Section 10 of the Illinois Constitution.
(Source: P.A. 95-167, eff. 1-1-08; 96-79, eff. 1-1-10.)
(625 ILCS 5/11-501.7) (from Ch. 95 1/2, par. 11-501.7)
Sec. 11-501.7. (a) As a condition of probation or discharge
of a person convicted of a violation of Section 11-501 of this
Code, who was less than 21 years of age at the time of the
offense, or a person adjudicated delinquent pursuant to the
Juvenile Court Act, for violation of Section 11-501 of this
Code, the Court may order the offender to participate in the
Youthful Intoxicated Drivers' Visitation Program. The Program
shall consist of a supervised visitation as provided by this
Section by the person to at least one of the following, to the
extent that personnel and facilities are available:
(1) A State or private rehabilitation facility that
cares for victims of motor vehicle accidents involving
persons under the influence of alcohol.
(2) A facility which cares for advanced alcoholics to
observe persons in the terminal stages of alcoholism, under
the supervision of appropriately licensed medical
personnel.
(3) If approved by the coroner of the county where the

HB4049 Enrolled - 1516 - LRB099 03667 KTG 23678 b
person resides, the county coroner's office or the county
morgue to observe appropriate victims of motor vehicle
accidents involving persons under the influence of
alcohol, under the supervision of the coroner or deputy
coroner.
(b) The Program shall be operated by the appropriate
probation authorities of the courts of the various circuits.
The youthful offender ordered to participate in the Program
shall bear all costs associated with participation in the
Program. A parent or guardian of the offender may assume the
obligation of the offender to pay the costs of the Program. The
court may waive the requirement that the offender pay the costs
of participation in the Program upon a finding of indigency.
(c) As used in this Section, "appropriate victims" means
victims whose condition is determined by the visit supervisor
to demonstrate the results of motor vehicle accidents involving
persons under the influence of alcohol without being
excessively gruesome or traumatic to the observer.
(d) Any visitation shall include, before any observation of
victims or persons with disabilities disabled persons, a
comprehensive counseling session with the visitation
supervisor at which the supervisor shall explain and discuss
the experiences which may be encountered during the visitation
in order to ascertain whether the visitation is appropriate.
(Source: P.A. 86-1242.)

HB4049 Enrolled - 1517 - LRB099 03667 KTG 23678 b
(625 ILCS 5/11-1301.1) (from Ch. 95 1/2, par. 11-1301.1)
Sec. 11-1301.1. Persons with disabilities - Parking
privileges - Exemptions.
(a) A motor vehicle bearing registration plates issued to a
person with disabilities, as defined by Section 1-159.1,
pursuant to Section 3-616 or to a veteran with a disability
disabled veteran pursuant to subsection (a) of Section 3-609 or
a special decal or device issued pursuant to Section 3-616 or
pursuant to Section 11-1301.2 of this Code or a motor vehicle
registered in another jurisdiction, state, district, territory
or foreign country upon which is displayed a registration
plate, special decal or device issued by the other jurisdiction
designating the vehicle is operated by or for a person with
disabilities shall be exempt from the payment of parking meter
fees until January 1, 2014, and exempt from any statute or
ordinance imposing time limitations on parking, except
limitations of one-half hour or less, on any street or highway
zone, a parking area subject to regulation under subsection (a)
of Section 11-209 of this Code, or any parking lot or parking
place which are owned, leased or owned and leased by a
municipality or a municipal parking utility; and shall be
recognized by state and local authorities as a valid license
plate or parking device and shall receive the same parking
privileges as residents of this State; but, such vehicle shall
be subject to the laws which prohibit parking in "no stopping"
and "no standing" zones in front of or near fire hydrants,

HB4049 Enrolled - 1518 - LRB099 03667 KTG 23678 b
driveways, public building entrances and exits, bus stops and
loading areas, and is prohibited from parking where the motor
vehicle constitutes a traffic hazard, whereby such motor
vehicle shall be moved at the instruction and request of a law
enforcement officer to a location designated by the officer.
(b) Any motor vehicle bearing registration plates or a
special decal or device specified in this Section or in Section
3-616 of this Code or such parking device as specifically
authorized in Section 11-1301.2 as evidence that the vehicle is
operated by or for a person with disabilities or bearing
registration plates issued to a veteran with a disability
disabled veteran under subsection (a) of Section 3-609 may
park, in addition to any other lawful place, in any parking
place specifically reserved for such vehicles by the posting of
an official sign as provided under Section 11-301. Parking
privileges granted by this Section are strictly limited to the
person to whom the special registration plates, special decal
or device were issued and to qualified operators acting under
his or her express direction while the person with disabilities
is present. A person to whom privileges were granted shall, at
the request of a police officer or any other person invested by
law with authority to direct, control, or regulate traffic,
present an identification card with a picture as verification
that the person is the person to whom the special registration
plates, special decal or device was issued.
(c) Such parking privileges granted by this Section are

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also extended to motor vehicles of not-for-profit
organizations used for the transportation of persons with
disabilities when such motor vehicles display the decal or
device issued pursuant to Section 11-1301.2 of this Code.
(d) No person shall use any area for the parking of any
motor vehicle pursuant to Section 11-1303 of this Code or where
an official sign controlling such area expressly prohibits
parking at any time or during certain hours.
(e) Beginning January 1, 2014, a vehicle displaying a decal
or device issued under subsection (c-5) of Section 11-1301.2 of
this Code shall be exempt from the payment of fees generated by
parking in a metered space or in a publicly owned parking area.
(Source: P.A. 97-845, eff. 1-1-13; 97-918, eff. 1-1-13; 98-463,
eff. 8-16-13; 98-577, eff. 1-1-14.)
(625 ILCS 5/11-1301.2) (from Ch. 95 1/2, par. 11-1301.2)
Sec. 11-1301.2. Special decals for parking; persons with
disabilities.
(a) The Secretary of State shall provide for, by
administrative rules, the design, size, color, and placement of
a person with disabilities motorist decal or device and shall
provide for, by administrative rules, the content and form of
an application for a person with disabilities motorist decal or
device, which shall be used by local authorities in the
issuance thereof to a person with temporary disabilities,
provided that the decal or device is valid for no more than 90

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days, subject to renewal for like periods based upon continued
disability, and further provided that the decal or device
clearly sets forth the date that the decal or device expires.
The application shall include the requirement of an Illinois
Identification Card number or a State of Illinois driver's
license number. This decal or device may be used by the
authorized holder to designate and identify a vehicle not owned
or displaying a registration plate as provided in Sections
3-609 and 3-616 of this Act to designate when the vehicle is
being used to transport said person or persons with
disabilities, and thus is entitled to enjoy all the privileges
that would be afforded a person with disabilities licensed
vehicle. Person with disabilities decals or devices issued and
displayed pursuant to this Section shall be recognized and
honored by all local authorities regardless of which local
authority issued such decal or device.
The decal or device shall be issued only upon a showing by
adequate documentation that the person for whose benefit the
decal or device is to be used has a disability as defined in
Section 1-159.1 of this Code and the disability is temporary.
(b) The local governing authorities shall be responsible
for the provision of such decal or device, its issuance and
designated placement within the vehicle. The cost of such decal
or device shall be at the discretion of such local governing
authority.
(c) The Secretary of State may, pursuant to Section

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3-616(c), issue a person with disabilities parking decal or
device to a person with disabilities as defined by Section
1-159.1. Any person with disabilities parking decal or device
issued by the Secretary of State shall be registered to that
person with disabilities in the form to be prescribed by the
Secretary of State. The person with disabilities parking decal
or device shall not display that person's address. One
additional decal or device may be issued to an applicant upon
his or her written request and with the approval of the
Secretary of State. The written request must include a
justification of the need for the additional decal or device.
(c-5) Beginning January 1, 2014, the Secretary shall
provide by administrative rule for the issuance of a separate
and distinct parking decal or device for persons with
disabilities as defined by Section 1-159.1 of this Code and who
meet the qualifications under this subsection. The authorized
holder of a decal or device issued under this subsection (c-5)
shall be exempt from the payment of fees generated by parking
in a metered space, a parking area subject to paragraph (10) of
subsection (a) of Section 11-209 of this Code, or a publicly
owned parking area.
The Secretary shall issue a meter-exempt decal or device to
a person with disabilities who: (i) has been issued
registration plates under subsection (a) of Section 3-609 or
Section 3-616 of this Code or a special decal or device under
this Section, (ii) holds a valid Illinois driver's license, and

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(iii) is unable to do one or more of the following:
(1) manage, manipulate, or insert coins, or obtain
tickets or tokens in parking meters or ticket machines in
parking lots, due to the lack of fine motor control of both
hands;
(2) reach above his or her head to a height of 42
inches from the ground, due to a lack of finger, hand, or
upper extremity strength or mobility;
(3) approach a parking meter due to his or her use of a
wheelchair or other device for mobility; or
(4) walk more than 20 feet due to an orthopedic,
neurological, cardiovascular, or lung condition in which
the degree of debilitation is so severe that it almost
completely impedes the ability to walk.
The application for a meter-exempt parking decal or device
shall contain a statement certified by a licensed physician,
physician assistant, or advanced practice nurse attesting to
the permanent nature of the applicant's condition and verifying
that the applicant meets the physical qualifications specified
in this subsection (c-5).
Notwithstanding the requirements of this subsection (c-5),
the Secretary shall issue a meter-exempt decal or device to a
person who has been issued registration plates under Section
3-616 of this Code or a special decal or device under this
Section, if the applicant is the parent or guardian of a person
with disabilities who is under 18 years of age and incapable of

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driving.
(d) Replacement decals or devices may be issued for lost,
stolen, or destroyed decals upon application and payment of a
$10 fee. The replacement fee may be waived for individuals that
have claimed and received a grant under the Senior Citizens and
Persons with Disabilities Disabled Persons Property Tax Relief
Act.
(e) A person classified as a veteran under subsection (e)
of Section 6-106 of this Code that has been issued a decal or
device under this Section shall not be required to submit
evidence of disability in order to renew that decal or device
if, at the time of initial application, he or she submitted
evidence from his or her physician or the Department of
Veterans' Affairs that the disability is of a permanent nature.
However, the Secretary shall take reasonable steps to ensure
the veteran still resides in this State at the time of the
renewal. These steps may include requiring the veteran to
provide additional documentation or to appear at a Secretary of
State facility. To identify veterans who are eligible for this
exemption, the Secretary shall compare the list of the persons
who have been issued a decal or device to the list of persons
who have been issued a disabled veteran vehicle registration
plate for veterans with disabilities under Section 3-609 of
this Code, or who are identified as a veteran on their driver's
license under Section 6-110 of this Code or on their
identification card under Section 4 of the Illinois

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Identification Card Act.
(Source: P.A. 97-689, eff. 6-14-12; 97-845, eff. 1-1-13;
98-463, eff. 8-16-13; 98-577, eff. 1-1-14; 98-879, eff.
1-1-15.)
(625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
Sec. 11-1301.3. Unauthorized use of parking places
reserved for persons with disabilities.
(a) It shall be prohibited to park any motor vehicle which
is not properly displaying registration plates or decals issued
to a person with disabilities, as defined by Section 1-159.1,
pursuant to Sections 3-616, 11-1301.1 or 11-1301.2, or to a
veteran with a disability disabled veteran pursuant to Section
3-609 of this Act, as evidence that the vehicle is operated by
or for a person with disabilities or a veteran with a
disability disabled veteran, in any parking place, including
any private or public offstreet parking facility, specifically
reserved, by the posting of an official sign as designated
under Section 11-301, for motor vehicles displaying such
registration plates. It shall be prohibited to park any motor
vehicle in a designated access aisle adjacent to any parking
place specifically reserved for persons with disabilities, by
the posting of an official sign as designated under Section
11-301, for motor vehicles displaying such registration
plates. When using the parking privileges for persons with
disabilities, the parking decal or device must be displayed

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properly in the vehicle where it is clearly visible to law
enforcement personnel, either hanging from the rearview mirror
or placed on the dashboard of the vehicle in clear view.
Disability license plates and parking decals and devices are
not transferable from person to person. Proper usage of the
disability license plate or parking decal or device requires
the authorized holder to be present and enter or exit the
vehicle at the time the parking privileges are being used. It
is a violation of this Section to park in a space reserved for
a person with disabilities if the authorized holder of the
disability license plate or parking decal or device does not
enter or exit the vehicle at the time the parking privileges
are being used. Any motor vehicle properly displaying a
disability license plate or a parking decal or device
containing the International symbol of access issued to persons
with disabilities by any local authority, state, district,
territory or foreign country shall be recognized by State and
local authorities as a valid license plate or device and
receive the same parking privileges as residents of this State.
(a-1) An individual with a vehicle displaying disability
license plates or a parking decal or device issued to a
qualified person with a disability under Sections 3-616,
11-1301.1, or 11-1301.2 or to a veteran with a disability
disabled veteran under Section 3-609 is in violation of this
Section if (i) the person using the disability license plate or
parking decal or device is not the authorized holder of the

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disability license plate or parking decal or device or is not
transporting the authorized holder of the disability license
plate or parking decal or device to or from the parking
location and (ii) the person uses the disability license plate
or parking decal or device to exercise any privileges granted
through the disability license plate or parking decals or
devices under this Code.
(a-2) A driver of a vehicle displaying disability license
plates or a parking decal or device issued to a qualified
person with a disability under Section 3-616, 11-1301.1, or
11-1301.2 or to a veteran with a disability disabled veteran
under Section 3-609 is in violation of this Section if (i) the
person to whom the disability license plate or parking decal or
device was issued is deceased and (ii) the driver uses the
disability license plate or parking decal or device to exercise
any privileges granted through a disability license plate or
parking decal or device under this Code.
(b) Any person or local authority owning or operating any
public or private offstreet parking facility may, after
notifying the police or sheriff's department, remove or cause
to be removed to the nearest garage or other place of safety
any vehicle parked within a stall or space reserved for use by
a person with disabilities which does not display person with
disabilities registration plates or a special decal or device
as required under this Section.
(c) Any person found guilty of violating the provisions of

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subsection (a) shall be fined $250 in addition to any costs or
charges connected with the removal or storage of any motor
vehicle authorized under this Section; but municipalities by
ordinance may impose a fine up to $350 and shall display signs
indicating the fine imposed. If the amount of the fine is
subsequently changed, the municipality shall change the sign to
indicate the current amount of the fine. It shall not be a
defense to a charge under this Section that either the sign
posted pursuant to this Section or the intended accessible
parking place does not comply with the technical requirements
of Section 11-301, Department regulations, or local ordinance
if a reasonable person would be made aware by the sign or
notice on or near the parking place that the place is reserved
for a person with disabilities.
(c-1) Any person found guilty of violating the provisions
of subsection (a-1) a first time shall be fined $600. Any
person found guilty of violating subsection (a-1) a second or
subsequent time shall be fined $1,000. Any person who violates
subsection (a-2) is guilty of a Class A misdemeanor and shall
be fined $2,500. The circuit clerk shall distribute 50% of the
fine imposed on any person who is found guilty of or pleads
guilty to violating this Section, including any person placed
on court supervision for violating this Section, to the law
enforcement agency that issued the citation or made the arrest.
If more than one law enforcement agency is responsible for
issuing the citation or making the arrest, the 50% of the fine

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imposed shall be shared equally. If an officer of the Secretary
of State Department of Police arrested a person for a violation
of this Section, 50% of the fine imposed shall be deposited
into the Secretary of State Police Services Fund.
(d) Local authorities shall impose fines as established in
subsections (c) and (c-1) for violations of this Section.
(e) As used in this Section, "authorized holder" means an
individual issued a disability license plate under Section
3-616 of this Code, an individual issued a parking decal or
device under Section 11-1301.2 of this Code, or an individual
issued a disabled veteran's license plate for veterans with
disabilities under Section 3-609 of this Code.
(f) Any person who commits a violation of subsection (a-1)
or a similar provision of a local ordinance may have his or her
driving privileges suspended or revoked by the Secretary of
State for a period of time determined by the Secretary of
State. Any person who commits a violation of subsection (a-2)
or a similar provision of a local ordinance shall have his or
her driving privileges revoked by the Secretary of State. The
Secretary of State may also suspend or revoke the disability
license plates or parking decal or device for a period of time
determined by the Secretary of State.
(g) Any police officer may seize the parking decal or
device from any person who commits a violation of this Section.
Any police officer may seize the disability license plate upon
authorization from the Secretary of State. Any police officer

HB4049 Enrolled - 1529 - LRB099 03667 KTG 23678 b
may request that the Secretary of State revoke the parking
decal or device or the disability license plate of any person
who commits a violation of this Section.
(Source: P.A. 97-844, eff. 1-1-13; 97-845, eff. 1-1-13; 98-463,
eff. 8-16-13.)
(625 ILCS 5/11-1301.4) (from Ch. 95 1/2, par. 11-1301.4)
Sec. 11-1301.4. Reciprocal agreements with other
jurisdictions. The Secretary of State, or his designee, may
enter into agreements with other jurisdictions, including
foreign jurisdictions, on behalf of this State relating to the
extension of parking privileges by such jurisdictions to
permanently disabled residents of this State with disabilities
who display a special license plate or parking device that
contains the International symbol of access on his or her motor
vehicle, and to recognize such plates or devices issued by such
other jurisdictions. This State shall grant the same parking
privileges which are granted to disabled residents of this
State with disabilities to any non-resident whose motor vehicle
is licensed in another state, district, territory or foreign
country if such vehicle displays the International symbol of
access or a distinguishing insignia on license plates or
parking device issued in accordance with the laws of the
non-resident's state, district, territory or foreign country.
(Source: P.A. 86-539.)

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(625 ILCS 5/11-1301.5)
Sec. 11-1301.5. Fictitious or unlawfully altered
disability license plate or parking decal or device.
(a) As used in this Section:
"Fictitious disability license plate or parking decal or
device" means any issued disability license plate or parking
decal or device, or any license plate issued to a veteran with
a disability disabled veteran under Section 3-609 of this Code,
that has been issued by the Secretary of State or an authorized
unit of local government that was issued based upon false
information contained on the required application.
"False information" means any incorrect or inaccurate
information concerning the name, date of birth, social security
number, driver's license number, physician certification, or
any other information required on the Persons with Disabilities
Certification for Plate or Parking Placard, on the Application
for Replacement Disability Parking Placard, or on the
application for license plates issued to veterans with
disabilities disabled veterans under Section 3-609 of this
Code, that falsifies the content of the application.
"Unlawfully altered disability license plate or parking
permit or device" means any disability license plate or parking
permit or device, or any license plate issued to a veteran with
a disability disabled veteran under Section 3-609 of this Code,
issued by the Secretary of State or an authorized unit of local
government that has been physically altered or changed in such

HB4049 Enrolled - 1531 - LRB099 03667 KTG 23678 b
manner that false information appears on the license plate or
parking decal or device.
"Authorized holder" means an individual issued a
disability license plate under Section 3-616 of this Code or an
individual issued a parking decal or device under Section
11-1301.2 of this Code, or an individual issued a disabled
veteran's license plate for veterans with disabilities under
Section 3-609 of this Code.
(b) It is a violation of this Section for any person:
(1) to knowingly possess any fictitious or unlawfully
altered disability license plate or parking decal or
device;
(2) to knowingly issue or assist in the issuance of, by
the Secretary of State or unit of local government, any
fictitious disability license plate or parking decal or
device;
(3) to knowingly alter any disability license plate or
parking decal or device;
(4) to knowingly manufacture, possess, transfer, or
provide any documentation used in the application process
whether real or fictitious, for the purpose of obtaining a
fictitious disability license plate or parking decal or
device;
(5) to knowingly provide any false information to the
Secretary of State or a unit of local government in order
to obtain a disability license plate or parking decal or

HB4049 Enrolled - 1532 - LRB099 03667 KTG 23678 b
device;
(6) to knowingly transfer a disability license plate or
parking decal or device for the purpose of exercising the
privileges granted to an authorized holder of a disability
license plate or parking decal or device under this Code in
the absence of the authorized holder; or
(7) who is a physician, physician assistant, or
advanced practice nurse to knowingly falsify a
certification that a person is a person with disabilities
as defined by Section 1-159.1 of this Code.
(c) Sentence.
(1) Any person convicted of a violation of paragraph
(1), (2), (3), (4), (5), or (7) of subsection (b) of this
Section shall be guilty of a Class A misdemeanor and fined
not less than $1,000 for a first offense and shall be
guilty of a Class 4 felony and fined not less than $2,000
for a second or subsequent offense. Any person convicted of
a violation of subdivision (b)(6) of this Section is guilty
of a Class A misdemeanor and shall be fined not less than
$1,000 for a first offense and not less than $2,000 for a
second or subsequent offense. The circuit clerk shall
distribute one-half of any fine imposed on any person who
is found guilty of or pleads guilty to violating this
Section, including any person placed on court supervision
for violating this Section, to the law enforcement agency
that issued the citation or made the arrest. If more than

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one law enforcement agency is responsible for issuing the
citation or making the arrest, one-half of the fine imposed
shall be shared equally.
(2) Any person who commits a violation of this Section
or a similar provision of a local ordinance may have his or
her driving privileges suspended or revoked by the
Secretary of State for a period of time determined by the
Secretary of State. The Secretary of State may suspend or
revoke the parking decal or device or the disability
license plate of any person who commits a violation of this
Section.
(3) Any police officer may seize the parking decal or
device from any person who commits a violation of this
Section. Any police officer may seize the disability
license plate upon authorization from the Secretary of
State. Any police officer may request that the Secretary of
State revoke the parking decal or device or the disability
license plate of any person who commits a violation of this
Section.
(Source: P.A. 97-844, eff. 1-1-13; 97-845, eff. 1-1-13; 98-463,
eff. 8-16-13.)
(625 ILCS 5/11-1301.6)
Sec. 11-1301.6. Fraudulent disability license plate or
parking decal or device.
(a) As used in this Section:

HB4049 Enrolled - 1534 - LRB099 03667 KTG 23678 b
"Fraudulent disability license plate or parking decal or
device" means any disability license plate or parking decal or
device that purports to be an official disability license plate
or parking decal or device and that has not been issued by the
Secretary of State or an authorized unit of local government.
"Disability license plate or parking decal or
device-making implement" means any implement specially
designed or primarily used in the manufacture, assembly, or
authentication of a disability license plate or parking decal
or device, or a license plate issued to a veteran with a
disability disabled veteran under Section 3-609 of this Code,
issued by the Secretary of State or a unit of local government.
(b) It is a violation of this Section for any person:
(1) to knowingly possess any fraudulent disability
license plate or parking decal;
(2) to knowingly possess without authority any
disability license plate or parking decal or device-making
implement;
(3) to knowingly duplicate, manufacture, sell, or
transfer any fraudulent or stolen disability license plate
or parking decal or device;
(4) to knowingly assist in the duplication,
manufacturing, selling, or transferring of any fraudulent,
stolen, or reported lost or damaged disability license
plate or parking decal or device; or
(5) to advertise or distribute a fraudulent disability

HB4049 Enrolled - 1535 - LRB099 03667 KTG 23678 b
license plate or parking decal or device.
(c) Sentence.
(1) Any person convicted of a violation of this
Section shall be guilty of a Class A misdemeanor and fined
not less than $1,000 for a first offense and shall be
guilty of a Class 4 felony and fined not less than $2,000
for a second or subsequent offense. The circuit clerk shall
distribute half of any fine imposed on any person who is
found guilty of or pleads guilty to violating this Section,
including any person placed on court supervision for
violating this Section, to the law enforcement agency that
issued the citation or made the arrest. If more than one
law enforcement agency is responsible for issuing the
citation or making the arrest, one-half of the fine imposed
shall be shared equally.
(2) Any person who commits a violation of this Section
or a similar provision of a local ordinance may have his or
her driving privileges suspended or revoked by the
Secretary of State for a period of time determined by the
Secretary of State.
(3) Any police officer may seize the parking decal or
device from any person who commits a violation of this
Section. Any police officer may seize the disability
license plate upon authorization from the Secretary of
State. Any police officer may request that the Secretary of
State revoke the parking decal or device or the disability

HB4049 Enrolled - 1536 - LRB099 03667 KTG 23678 b
license plate of any person who commits a violation of this
Section.
(Source: P.A. 96-79, eff. 1-1-10; 97-844, eff. 1-1-13.)
(625 ILCS 5/11-1301.7)
Sec. 11-1301.7. Appointed volunteers and contracted
entities; parking violations for persons with disabilities
disabled person parking violations.
(a) The chief of police of a municipality and the sheriff
of a county authorized to enforce parking laws may appoint
volunteers or contract with public or private entities to issue
parking violation notices for violations of Section 11-1301.3
or ordinances dealing with parking privileges for persons with
disabilities. Volunteers appointed under this Section and any
employees of public or private entities that the chief of
police or sheriff has contracted with under this Section who
are issuing these parking violation notices must be at least 21
years of age. The chief of police or sheriff appointing the
volunteers or contracting with public or private entities may
establish any other qualifications that he or she deems
desirable.
(b) The chief of police or sheriff appointing volunteers
under this Section shall provide training to the volunteers
before authorizing them to issue parking violation notices.
(c) A parking violation notice issued by a volunteer
appointed under this Section or by a public or private entity

HB4049 Enrolled - 1537 - LRB099 03667 KTG 23678 b
that the chief of police or sheriff has contracted with under
this Section shall have the same force and effect as a parking
violation notice issued by a police officer for the same
offense.
(d) All funds collected as a result of the payment of the
parking violation notices issued under this Section shall go to
the municipality or county where the notice is issued.
(e) An appointed volunteer or private or public entity
under contract pursuant to this Section is not liable for his
or her or its act or omission in the execution or enforcement
of laws or ordinances if acting within the scope of the
appointment or contract authorized by this Section, unless the
act or omission constitutes willful and wanton conduct.
(f) Except as otherwise provided by statute, a local
government, a chief of police, sheriff, or employee of a police
department or sheriff, as such and acting within the scope of
his or her employment, is not liable for an injury caused by
the act or omission of an appointed volunteer or private or
public entity under contract pursuant to this Section. No local
government, chief of police, sheriff, or an employee of a local
government, police department or sheriff shall be liable for
any actions regarding the supervision or direction, or the
failure to supervise and direct, an appointed volunteer or
private or public entity under contract pursuant to this
Section unless the act or omission constitutes willful and
wanton conduct.

HB4049 Enrolled - 1538 - LRB099 03667 KTG 23678 b
(g) An appointed volunteer or private or public entity
under contract pursuant to this Section shall assume all
liability for and hold the property owner and his agents and
employees harmless from any and all claims of action resulting
from the work of the appointed volunteer or public or private
entity.
(Source: P.A. 90-181, eff. 7-23-97; 90-655, eff. 7-30-98.)
(625 ILCS 5/12-401) (from Ch. 95 1/2, par. 12-401)
Sec. 12-401. Restriction as to tire equipment. No metal
tired vehicle, including tractors, motor vehicles of the second
division, traction engines and other similar vehicles, shall be
operated over any improved highway of this State, if such
vehicle has on the periphery of any of the road wheels any
block, stud, flange, cleat, ridge, lug or any projection of
metal or wood which projects radially beyond the tread or
traffic surface of the tire. This prohibition does not apply to
pneumatic tires with metal studs used on vehicles operated by
rural letter carriers who are employed or enjoy a contract with
the United States Postal Service for the purpose of delivering
mail if such vehicle is actually used for such purpose during
operations between November 15 of any year and April 1 of the
following year, or to motor vehicles displaying a disability
license plate or a or disabled veteran license plate for
veterans with disabilities whose owner resides in an
unincorporated area located upon a county or township highway

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or road and possesses a valid driver's license and operates the
vehicle with such tires only during the period heretofore
described, or to tracked type motor vehicles when that part of
the vehicle coming in contact with the road surface does not
contain any projections of any kind likely to injure the
surface of the road; however, tractors, traction engines, and
similar vehicles may be operated which have upon their road
wheels V-shaped, diagonal or other cleats arranged in such a
manner as to be continuously in contact with the road surface,
provided that the gross weight upon such wheels per inch of
width of such cleats in contact with the road surface, when
measured in the direction of the axle of the vehicle, does not
exceed 800 pounds.
All motor vehicles and all other vehicles in tow thereof,
or thereunto attached, operating upon any roadway, shall have
tires of rubber or some material of equal resiliency. Solid
tires shall be considered defective and shall not be permitted
to be used if the rubber or other material has been worn or
otherwise reduced to a thickness of less than three-fourths of
an undue vibration when the vehicle is in motion or to cause
undue concentration of the wheel load on the surface of the
road. The requirements of this Section do not apply to
agricultural tractors or traction engines or to agricultural
machinery, including wagons being used for agricultural
purposes in tow thereof, or to road rollers or road building
machinery operated at a speed not in excess of 10 miles per

HB4049 Enrolled - 1540 - LRB099 03667 KTG 23678 b
hour. All motor vehicles of the second division, operating upon
any roadway shall have pneumatic tires, unless exempted herein.
Nothing in this Section shall be deemed to prohibit the use
of tire chains of reasonable proportion upon any vehicle when
required for safety because of snow, ice or other conditions
tending to cause a vehicle to skid.
(Source: P.A. 94-619, eff. 1-1-06.)
Section 870. The Boat Registration and Safety Act is
amended by changing Section 3A-15 as follows:
(625 ILCS 45/3A-15) (from Ch. 95 1/2, par. 313A-15)
Sec. 3A-15. Transfer by operation of law.
(a) If the interest of an owner in a watercraft passes to
another other than by voluntary transfer, the transferee shall,
except as provided in subsection (b), promptly mail or deliver
within 15 days to the Department of Natural Resources the last
certificate of title, if available, proof of the transfer, and
his or her application for a new certificate in the form the
Department prescribes. It shall be unlawful for any person
having possession of a certificate of title for a watercraft by
reason of his or her having a lien or encumbrance on such
watercraft, to fail or refuse to deliver such certificate to
the owner, upon the satisfaction or discharge of the lien or
encumbrance, indicated upon such certificate of title.
(b) If the interest of an owner in a watercraft passes to

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another under the provisions of the Small Estates provisions of
the Probate Act of 1975, as amended, the transferee shall
promptly mail or deliver to the Department of Natural
Resources, within 120 days, the last certificate of title, if
available, the documentation required under the provisions of
the Probate Act of 1975, as amended, and an application for
certificate of title. The transfer may be to the transferee or
to the nominee of the transferee.
(c) If the interest of an owner in a watercraft passes to
another under other provisions of the Probate Act of 1975, as
amended, and the transfer is made by an executor,
administrator, or guardian for a person with a disability
disabled person, such transferee shall promptly mail or deliver
to the Department of Natural Resources, the last certificate of
title, if available, and a certified copy of the letters
testamentary, letters of administration or letters of
guardianship, as the case may be, and an application for
certificate of title. Such application shall be made before the
estate is closed. The transfer may be to the transferee or to
the nominee of the transferee.
(d) If the interest of an owner in joint tenancy passes to
the other joint tenant with survivorship rights as provided by
law, the transferee shall promptly mail or deliver to the
Department of Natural Resources, the last certificate of title,
if available, proof of death of the one joint tenant and
survivorship of the surviving joint tenant, and an application

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for certificate of title. Such application shall be made within
120 days after the death of the joint tenant. The transfer may
be to the transferee or to the nominee of the transferee.
(e) If the interest of the owner is terminated or the
watercraft is sold under a security agreement by a lienholder
named in the certificate of title, the transferee shall
promptly mail or deliver within 15 days to the Department of
Natural Resources the last certificate of title, his or her
application for a new certificate in the form the Department
prescribes, and an affidavit made by or on behalf of the
lienholder that the watercraft was repossessed and that the
interest of the owner was lawfully terminated or sold pursuant
to the terms of the security agreement. In all cases wherein a
lienholder has found it necessary to repossess a watercraft and
desires to obtain certificate of title for such watercraft in
the name of such lienholder, the Department of Natural
Resources shall not issue a certificate of title to such
lienholder unless the person from whom such watercraft has been
repossessed, is shown to be the last registered owner of such
watercraft and such lienholder establishes to the satisfaction
of the Department that he or she is entitled to such
certificate of title.
(f) A person holding a certificate of title whose interest
in the watercraft has been extinguished or transferred other
than by voluntary transfer shall mail or deliver the
certificate within 15 days upon request of the Department of

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Natural Resources. The delivery of the certificate pursuant to
the request of the Department of Natural Resources does not
affect the rights of the person surrendering the certificate,
and the action of the Department in issuing a new certificate
of title as provided herein is not conclusive upon the rights
of an owner or lienholder named in the old certificate.
(g) The Department of Natural Resources may decline to
process any application for a transfer of an interest hereunder
if any fees or taxes due under this Act from the transferor or
the transferee have not been paid upon reasonable notice and
demand.
(h) The Department of Natural Resources shall not be held
civilly or criminally liable to any person because any
purported transferor may not have had the power or authority to
make a transfer of any interest in any watercraft.
(Source: P.A. 89-445, eff. 2-7-96.)
Section 875. The Juvenile Court Act of 1987 is amended by
changing Section 2-3 as follows:
(705 ILCS 405/2-3) (from Ch. 37, par. 802-3)
Sec. 2-3. Neglected or abused minor.
(1) Those who are neglected include:
(a) any minor under 18 years of age who is not
receiving the proper or necessary support, education as
required by law, or medical or other remedial care

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recognized under State law as necessary for a minor's
well-being, or other care necessary for his or her
well-being, including adequate food, clothing and shelter,
or who is abandoned by his or her parent or parents or
other person or persons responsible for the minor's
welfare, except that a minor shall not be considered
neglected for the sole reason that the minor's parent or
parents or other person or persons responsible for the
minor's welfare have left the minor in the care of an adult
relative for any period of time, who the parent or parents
or other person responsible for the minor's welfare know is
both a mentally capable adult relative and physically
capable adult relative, as defined by this Act; or
(b) any minor under 18 years of age whose environment
is injurious to his or her welfare; or
(c) any newborn infant whose blood, urine, or meconium
contains any amount of a controlled substance as defined in
subsection (f) of Section 102 of the Illinois Controlled
Substances Act, as now or hereafter amended, or a
metabolite of a controlled substance, with the exception of
controlled substances or metabolites of such substances,
the presence of which in the newborn infant is the result
of medical treatment administered to the mother or the
newborn infant; or
(d) any minor under the age of 14 years whose parent or
other person responsible for the minor's welfare leaves the

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minor without supervision for an unreasonable period of
time without regard for the mental or physical health,
safety, or welfare of that minor; or
(e) any minor who has been provided with interim crisis
intervention services under Section 3-5 of this Act and
whose parent, guardian, or custodian refuses to permit the
minor to return home unless the minor is an immediate
physical danger to himself, herself, or others living in
the home.
Whether the minor was left without regard for the mental or
physical health, safety, or welfare of that minor or the period
of time was unreasonable shall be determined by considering the
following factors, including but not limited to:
(1) the age of the minor;
(2) the number of minors left at the location;
(3) special needs of the minor, including whether the
minor is a person with a physical or mental disability
physically or mentally handicapped, or otherwise in need of
ongoing prescribed medical treatment such as periodic
doses of insulin or other medications;
(4) the duration of time in which the minor was left
without supervision;
(5) the condition and location of the place where the
minor was left without supervision;
(6) the time of day or night when the minor was left
without supervision;

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(7) the weather conditions, including whether the
minor was left in a location with adequate protection from
the natural elements such as adequate heat or light;
(8) the location of the parent or guardian at the time
the minor was left without supervision, the physical
distance the minor was from the parent or guardian at the
time the minor was without supervision;
(9) whether the minor's movement was restricted, or the
minor was otherwise locked within a room or other
structure;
(10) whether the minor was given a phone number of a
person or location to call in the event of an emergency and
whether the minor was capable of making an emergency call;
(11) whether there was food and other provision left
for the minor;
(12) whether any of the conduct is attributable to
economic hardship or illness and the parent, guardian or
other person having physical custody or control of the
child made a good faith effort to provide for the health
and safety of the minor;
(13) the age and physical and mental capabilities of
the person or persons who provided supervision for the
minor;
(14) whether the minor was left under the supervision
of another person;
(15) any other factor that would endanger the health

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and safety of that particular minor.
A minor shall not be considered neglected for the sole
reason that the minor has been relinquished in accordance with
the Abandoned Newborn Infant Protection Act.
(2) Those who are abused include any minor under 18 years
of age whose parent or immediate family member, or any person
responsible for the minor's welfare, or any person who is in
the same family or household as the minor, or any individual
residing in the same home as the minor, or a paramour of the
minor's parent:
(i) inflicts, causes to be inflicted, or allows to be
inflicted upon such minor physical injury, by other than
accidental means, which causes death, disfigurement,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
(ii) creates a substantial risk of physical injury to
such minor by other than accidental means which would be
likely to cause death, disfigurement, impairment of
emotional health, or loss or impairment of any bodily
function;
(iii) commits or allows to be committed any sex offense
against such minor, as such sex offenses are defined in the
Criminal Code of 1961 or the Criminal Code of 2012, or in
the Wrongs to Children Act, and extending those definitions
of sex offenses to include minors under 18 years of age;
(iv) commits or allows to be committed an act or acts

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of torture upon such minor;
(v) inflicts excessive corporal punishment;
(vi) commits or allows to be committed the offense of
involuntary servitude, involuntary sexual servitude of a
minor, or trafficking in persons as defined in Section 10-9
of the Criminal Code of 1961 or the Criminal Code of 2012,
upon such minor; or
(vii) allows, encourages or requires a minor to commit
any act of prostitution, as defined in the Criminal Code of
1961 or the Criminal Code of 2012, and extending those
definitions to include minors under 18 years of age.
A minor shall not be considered abused for the sole reason
that the minor has been relinquished in accordance with the
Abandoned Newborn Infant Protection Act.
(3) This Section does not apply to a minor who would be
included herein solely for the purpose of qualifying for
financial assistance for himself, his parents, guardian or
custodian.
(Source: P.A. 96-168, eff. 8-10-09; 96-1464, eff. 8-20-10;
97-897, eff. 1-1-13; 97-1150, eff. 1-25-13.)
Section 880. The Criminal Code of 2012 is amended by
changing Sections 2-10.1, 2-15a, 9-1, 10-1, 10-2, 10-5,
11-1.30, 11-1.60, 11-14.1, 11-14.4, 11-18.1, 11-20.1, 12-0.1,
12-2, 12-3.05, 12C-10, 16-30, 17-2, 17-6, 17-6.5, 17-10.2,
18-1, 18-4, 24-3, 24-3.1, and 48-10 as follows:

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(720 ILCS 5/2-10.1) (from Ch. 38, par. 2-10.1)
Sec. 2-10.1. "Person with a severe or profound intellectual
disability" Severely or profoundly intellectually disabled
person" means a person (i) whose intelligence quotient does not
exceed 40 or (ii) whose intelligence quotient does not exceed
55 and who suffers from significant mental illness to the
extent that the person's ability to exercise rational judgment
is impaired. In any proceeding in which the defendant is
charged with committing a violation of Section 10-2, 10-5,
11-1.30, 11-1.60, 11-14.4, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
11-20.1B, 11-20.3, 12-4.3, 12-14, or 12-16, or subdivision
(b)(1) of Section 12-3.05, of this Code against a victim who is
alleged to be a person with a severe or profound intellectual
disability severely or profoundly intellectually disabled
person, any findings concerning the victim's status as a person
with a severe or profound intellectual disability severely or
profoundly intellectually disabled person, made by a court
after a judicial admission hearing concerning the victim under
Articles V and VI of Chapter IV of the Mental Health and
Developmental Disabilities Code shall be admissible.
(Source: P.A. 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13;
98-756, eff. 7-16-14.)
(720 ILCS 5/2-15a) (from Ch. 38, par. 2-15a)
Sec. 2-15a. "Person with a physical disability" Physically

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handicapped person". "Person with a physical disability"
Physically handicapped person" means a person who suffers from
a permanent and disabling physical characteristic, resulting
from disease, injury, functional disorder, or congenital
condition.
(Source: P.A. 85-691.)
(720 ILCS 5/9-1) (from Ch. 38, par. 9-1)
Sec. 9-1. First degree Murder - Death penalties -
Exceptions - Separate Hearings - Proof - Findings - Appellate
procedures - Reversals.
(a) A person who kills an individual without lawful
justification commits first degree murder if, in performing the
acts which cause the death:
(1) he either intends to kill or do great bodily harm
to that individual or another, or knows that such acts will
cause death to that individual or another; or
(2) he knows that such acts create a strong probability
of death or great bodily harm to that individual or
another; or
(3) he is attempting or committing a forcible felony
other than second degree murder.
(b) Aggravating Factors. A defendant who at the time of the
commission of the offense has attained the age of 18 or more
and who has been found guilty of first degree murder may be
sentenced to death if:

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(1) the murdered individual was a peace officer or
fireman killed in the course of performing his official
duties, to prevent the performance of his official duties,
or in retaliation for performing his official duties, and
the defendant knew or should have known that the murdered
individual was a peace officer or fireman; or
(2) the murdered individual was an employee of an
institution or facility of the Department of Corrections,
or any similar local correctional agency, killed in the
course of performing his official duties, to prevent the
performance of his official duties, or in retaliation for
performing his official duties, or the murdered individual
was an inmate at such institution or facility and was
killed on the grounds thereof, or the murdered individual
was otherwise present in such institution or facility with
the knowledge and approval of the chief administrative
officer thereof; or
(3) the defendant has been convicted of murdering two
or more individuals under subsection (a) of this Section or
under any law of the United States or of any state which is
substantially similar to subsection (a) of this Section
regardless of whether the deaths occurred as the result of
the same act or of several related or unrelated acts so
long as the deaths were the result of either an intent to
kill more than one person or of separate acts which the
defendant knew would cause death or create a strong

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probability of death or great bodily harm to the murdered
individual or another; or
(4) the murdered individual was killed as a result of
the hijacking of an airplane, train, ship, bus or other
public conveyance; or
(5) the defendant committed the murder pursuant to a
contract, agreement or understanding by which he was to
receive money or anything of value in return for committing
the murder or procured another to commit the murder for
money or anything of value; or
(6) the murdered individual was killed in the course of
another felony if:
(a) the murdered individual:
(i) was actually killed by the defendant, or
(ii) received physical injuries personally
inflicted by the defendant substantially
contemporaneously with physical injuries caused by
one or more persons for whose conduct the defendant
is legally accountable under Section 5-2 of this
Code, and the physical injuries inflicted by
either the defendant or the other person or persons
for whose conduct he is legally accountable caused
the death of the murdered individual; and
(b) in performing the acts which caused the death
of the murdered individual or which resulted in
physical injuries personally inflicted by the

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defendant on the murdered individual under the
circumstances of subdivision (ii) of subparagraph (a)
of paragraph (6) of subsection (b) of this Section, the
defendant acted with the intent to kill the murdered
individual or with the knowledge that his acts created
a strong probability of death or great bodily harm to
the murdered individual or another; and
(c) the other felony was an inherently violent
crime or the attempt to commit an inherently violent
crime. In this subparagraph (c), "inherently violent
crime" includes, but is not limited to, armed robbery,
robbery, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, aggravated
kidnapping, aggravated vehicular hijacking, aggravated
arson, aggravated stalking, residential burglary, and
home invasion; or
(7) the murdered individual was under 12 years of age
and the death resulted from exceptionally brutal or heinous
behavior indicative of wanton cruelty; or
(8) the defendant committed the murder with intent to
prevent the murdered individual from testifying or
participating in any criminal investigation or prosecution
or giving material assistance to the State in any
investigation or prosecution, either against the defendant
or another; or the defendant committed the murder because
the murdered individual was a witness in any prosecution or

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gave material assistance to the State in any investigation
or prosecution, either against the defendant or another;
for purposes of this paragraph (8), "participating in any
criminal investigation or prosecution" is intended to
include those appearing in the proceedings in any capacity
such as trial judges, prosecutors, defense attorneys,
investigators, witnesses, or jurors; or
(9) the defendant, while committing an offense
punishable under Sections 401, 401.1, 401.2, 405, 405.2,
407 or 407.1 or subsection (b) of Section 404 of the
Illinois Controlled Substances Act, or while engaged in a
conspiracy or solicitation to commit such offense,
intentionally killed an individual or counseled,
commanded, induced, procured or caused the intentional
killing of the murdered individual; or
(10) the defendant was incarcerated in an institution
or facility of the Department of Corrections at the time of
the murder, and while committing an offense punishable as a
felony under Illinois law, or while engaged in a conspiracy
or solicitation to commit such offense, intentionally
killed an individual or counseled, commanded, induced,
procured or caused the intentional killing of the murdered
individual; or
(11) the murder was committed in a cold, calculated and
premeditated manner pursuant to a preconceived plan,
scheme or design to take a human life by unlawful means,

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and the conduct of the defendant created a reasonable
expectation that the death of a human being would result
therefrom; or
(12) the murdered individual was an emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first aid
personnel, employed by a municipality or other
governmental unit, killed in the course of performing his
official duties, to prevent the performance of his official
duties, or in retaliation for performing his official
duties, and the defendant knew or should have known that
the murdered individual was an emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first aid
personnel; or
(13) the defendant was a principal administrator,
organizer, or leader of a calculated criminal drug
conspiracy consisting of a hierarchical position of
authority superior to that of all other members of the
conspiracy, and the defendant counseled, commanded,
induced, procured, or caused the intentional killing of the
murdered person; or
(14) the murder was intentional and involved the
infliction of torture. For the purpose of this Section

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torture means the infliction of or subjection to extreme
physical pain, motivated by an intent to increase or
prolong the pain, suffering or agony of the victim; or
(15) the murder was committed as a result of the
intentional discharge of a firearm by the defendant from a
motor vehicle and the victim was not present within the
motor vehicle; or
(16) the murdered individual was 60 years of age or
older and the death resulted from exceptionally brutal or
heinous behavior indicative of wanton cruelty; or
(17) the murdered individual was a person with a
disability disabled person and the defendant knew or should
have known that the murdered individual was a person with a
disability disabled. For purposes of this paragraph (17),
"person with a disability disabled person" means a person
who suffers from a permanent physical or mental impairment
resulting from disease, an injury, a functional disorder,
or a congenital condition that renders the person incapable
of adequately providing for his or her own health or
personal care; or
(18) the murder was committed by reason of any person's
activity as a community policing volunteer or to prevent
any person from engaging in activity as a community
policing volunteer; or
(19) the murdered individual was subject to an order of
protection and the murder was committed by a person against

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whom the same order of protection was issued under the
Illinois Domestic Violence Act of 1986; or
(20) the murdered individual was known by the defendant
to be a teacher or other person employed in any school and
the teacher or other employee is upon the grounds of a
school or grounds adjacent to a school, or is in any part
of a building used for school purposes; or
(21) the murder was committed by the defendant in
connection with or as a result of the offense of terrorism
as defined in Section 29D-14.9 of this Code.
(b-5) Aggravating Factor; Natural Life Imprisonment. A
defendant who has been found guilty of first degree murder and
who at the time of the commission of the offense had attained
the age of 18 years or more may be sentenced to natural life
imprisonment if (i) the murdered individual was a physician,
physician assistant, psychologist, nurse, or advanced practice
nurse, (ii) the defendant knew or should have known that the
murdered individual was a physician, physician assistant,
psychologist, nurse, or advanced practice nurse, and (iii) the
murdered individual was killed in the course of acting in his
or her capacity as a physician, physician assistant,
psychologist, nurse, or advanced practice nurse, or to prevent
him or her from acting in that capacity, or in retaliation for
his or her acting in that capacity.
(c) Consideration of factors in Aggravation and
Mitigation.

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The court shall consider, or shall instruct the jury to
consider any aggravating and any mitigating factors which are
relevant to the imposition of the death penalty. Aggravating
factors may include but need not be limited to those factors
set forth in subsection (b). Mitigating factors may include but
need not be limited to the following:
(1) the defendant has no significant history of prior
criminal activity;
(2) the murder was committed while the defendant was
under the influence of extreme mental or emotional
disturbance, although not such as to constitute a defense
to prosecution;
(3) the murdered individual was a participant in the
defendant's homicidal conduct or consented to the
homicidal act;
(4) the defendant acted under the compulsion of threat
or menace of the imminent infliction of death or great
bodily harm;
(5) the defendant was not personally present during
commission of the act or acts causing death;
(6) the defendant's background includes a history of
extreme emotional or physical abuse;
(7) the defendant suffers from a reduced mental
capacity.
(d) Separate sentencing hearing.
Where requested by the State, the court shall conduct a

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separate sentencing proceeding to determine the existence of
factors set forth in subsection (b) and to consider any
aggravating or mitigating factors as indicated in subsection
(c). The proceeding shall be conducted:
(1) before the jury that determined the defendant's
guilt; or
(2) before a jury impanelled for the purpose of the
proceeding if:
A. the defendant was convicted upon a plea of
guilty; or
B. the defendant was convicted after a trial before
the court sitting without a jury; or
C. the court for good cause shown discharges the
jury that determined the defendant's guilt; or
(3) before the court alone if the defendant waives a
jury for the separate proceeding.
(e) Evidence and Argument.
During the proceeding any information relevant to any of
the factors set forth in subsection (b) may be presented by
either the State or the defendant under the rules governing the
admission of evidence at criminal trials. Any information
relevant to any additional aggravating factors or any
mitigating factors indicated in subsection (c) may be presented
by the State or defendant regardless of its admissibility under
the rules governing the admission of evidence at criminal
trials. The State and the defendant shall be given fair

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opportunity to rebut any information received at the hearing.
(f) Proof.
The burden of proof of establishing the existence of any of
the factors set forth in subsection (b) is on the State and
shall not be satisfied unless established beyond a reasonable
doubt.
(g) Procedure - Jury.
If at the separate sentencing proceeding the jury finds
that none of the factors set forth in subsection (b) exists,
the court shall sentence the defendant to a term of
imprisonment under Chapter V of the Unified Code of
Corrections. If there is a unanimous finding by the jury that
one or more of the factors set forth in subsection (b) exist,
the jury shall consider aggravating and mitigating factors as
instructed by the court and shall determine whether the
sentence of death shall be imposed. If the jury determines
unanimously, after weighing the factors in aggravation and
mitigation, that death is the appropriate sentence, the court
shall sentence the defendant to death. If the court does not
concur with the jury determination that death is the
appropriate sentence, the court shall set forth reasons in
writing including what facts or circumstances the court relied
upon, along with any relevant documents, that compelled the
court to non-concur with the sentence. This document and any
attachments shall be part of the record for appellate review.
The court shall be bound by the jury's sentencing

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determination.
If after weighing the factors in aggravation and
mitigation, one or more jurors determines that death is not the
appropriate sentence, the court shall sentence the defendant to
a term of imprisonment under Chapter V of the Unified Code of
Corrections.
(h) Procedure - No Jury.
In a proceeding before the court alone, if the court finds
that none of the factors found in subsection (b) exists, the
court shall sentence the defendant to a term of imprisonment
under Chapter V of the Unified Code of Corrections.
If the Court determines that one or more of the factors set
forth in subsection (b) exists, the Court shall consider any
aggravating and mitigating factors as indicated in subsection
(c). If the Court determines, after weighing the factors in
aggravation and mitigation, that death is the appropriate
sentence, the Court shall sentence the defendant to death.
If the court finds that death is not the appropriate
sentence, the court shall sentence the defendant to a term of
imprisonment under Chapter V of the Unified Code of
Corrections.
(h-5) Decertification as a capital case.
In a case in which the defendant has been found guilty of
first degree murder by a judge or jury, or a case on remand for
resentencing, and the State seeks the death penalty as an
appropriate sentence, on the court's own motion or the written

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motion of the defendant, the court may decertify the case as a
death penalty case if the court finds that the only evidence
supporting the defendant's conviction is the uncorroborated
testimony of an informant witness, as defined in Section 115-21
of the Code of Criminal Procedure of 1963, concerning the
confession or admission of the defendant or that the sole
evidence against the defendant is a single eyewitness or single
accomplice without any other corroborating evidence. If the
court decertifies the case as a capital case under either of
the grounds set forth above, the court shall issue a written
finding. The State may pursue its right to appeal the
decertification pursuant to Supreme Court Rule 604(a)(1). If
the court does not decertify the case as a capital case, the
matter shall proceed to the eligibility phase of the sentencing
hearing.
(i) Appellate Procedure.
The conviction and sentence of death shall be subject to
automatic review by the Supreme Court. Such review shall be in
accordance with rules promulgated by the Supreme Court. The
Illinois Supreme Court may overturn the death sentence, and
order the imposition of imprisonment under Chapter V of the
Unified Code of Corrections if the court finds that the death
sentence is fundamentally unjust as applied to the particular
case. If the Illinois Supreme Court finds that the death
sentence is fundamentally unjust as applied to the particular
case, independent of any procedural grounds for relief, the

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Illinois Supreme Court shall issue a written opinion explaining
this finding.
(j) Disposition of reversed death sentence.
In the event that the death penalty in this Act is held to
be unconstitutional by the Supreme Court of the United States
or of the State of Illinois, any person convicted of first
degree murder shall be sentenced by the court to a term of
imprisonment under Chapter V of the Unified Code of
Corrections.
In the event that any death sentence pursuant to the
sentencing provisions of this Section is declared
unconstitutional by the Supreme Court of the United States or
of the State of Illinois, the court having jurisdiction over a
person previously sentenced to death shall cause the defendant
to be brought before the court, and the court shall sentence
the defendant to a term of imprisonment under Chapter V of the
Unified Code of Corrections.
(k) Guidelines for seeking the death penalty.
The Attorney General and State's Attorneys Association
shall consult on voluntary guidelines for procedures governing
whether or not to seek the death penalty. The guidelines do not
have the force of law and are only advisory in nature.
(Source: P.A. 96-710, eff. 1-1-10; 96-1475, eff. 1-1-11.)
(720 ILCS 5/10-1) (from Ch. 38, par. 10-1)
Sec. 10-1. Kidnapping.

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(a) A person commits the offense of kidnapping when he or
she knowingly:
(1) and secretly confines another against his or her
will;
(2) by force or threat of imminent force carries
another from one place to another with intent secretly to
confine that other person against his or her will; or
(3) by deceit or enticement induces another to go from
one place to another with intent secretly to confine that
other person against his or her will.
(b) Confinement of a child under the age of 13 years, or of
a person with a severe or profound intellectual disability
severely or profoundly intellectually disabled person, is
against that child's or person's will within the meaning of
this Section if that confinement is without the consent of that
child's or person's parent or legal guardian.
(c) Sentence. Kidnapping is a Class 2 felony.
(Source: P.A. 96-710, eff. 1-1-10; 97-227, eff. 1-1-12.)
(720 ILCS 5/10-2) (from Ch. 38, par. 10-2)
Sec. 10-2. Aggravated kidnaping.
(a) A person commits the offense of aggravated kidnaping
when he or she commits kidnapping and:
(1) kidnaps with the intent to obtain ransom from the
person kidnaped or from any other person;
(2) takes as his or her victim a child under the age of

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13 years, or a person with a severe or profound
intellectual disability severely or profoundly
intellectually disabled person;
(3) inflicts great bodily harm, other than by the
discharge of a firearm, or commits another felony upon his
or her victim;
(4) wears a hood, robe, or mask or conceals his or her
identity;
(5) commits the offense of kidnaping while armed with a
dangerous weapon, other than a firearm, as defined in
Section 33A-1 of this Code;
(6) commits the offense of kidnaping while armed with a
firearm;
(7) during the commission of the offense of kidnaping,
personally discharges a firearm; or
(8) during the commission of the offense of kidnaping,
personally discharges a firearm that proximately causes
great bodily harm, permanent disability, permanent
disfigurement, or death to another person.
As used in this Section, "ransom" includes money, benefit,
or other valuable thing or concession.
(b) Sentence. Aggravated kidnaping in violation of
paragraph (1), (2), (3), (4), or (5) of subsection (a) is a
Class X felony. A violation of subsection (a)(6) is a Class X
felony for which 15 years shall be added to the term of
imprisonment imposed by the court. A violation of subsection

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(a)(7) is a Class X felony for which 20 years shall be added to
the term of imprisonment imposed by the court. A violation of
subsection (a)(8) is a Class X felony for which 25 years or up
to a term of natural life shall be added to the term of
imprisonment imposed by the court.
A person who is convicted of a second or subsequent offense
of aggravated kidnaping shall be sentenced to a term of natural
life imprisonment; except that a sentence of natural life
imprisonment shall not be imposed under this Section unless the
second or subsequent offense was committed after conviction on
the first offense.
(Source: P.A. 96-710, eff. 1-1-10; 97-227, eff. 1-1-12.)
(720 ILCS 5/10-5) (from Ch. 38, par. 10-5)
Sec. 10-5. Child abduction.
(a) For purposes of this Section, the following terms have
the following meanings:
(1) "Child" means a person who, at the time the alleged
violation occurred, was under the age of 18 or was a person
with a severe or profound intellectual disability severely
or profoundly intellectually disabled.
(2) "Detains" means taking or retaining physical
custody of a child, whether or not the child resists or
objects.
(2.1) "Express consent" means oral or written
permission that is positive, direct, and unequivocal,

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requiring no inference or implication to supply its
meaning.
(2.2) "Luring" means any knowing act to solicit,
entice, tempt, or attempt to attract the minor.
(3) "Lawful custodian" means a person or persons
granted legal custody of a child or entitled to physical
possession of a child pursuant to a court order. It is
presumed that, when the parties have never been married to
each other, the mother has legal custody of the child
unless a valid court order states otherwise. If an
adjudication of paternity has been completed and the father
has been assigned support obligations or visitation
rights, such a paternity order should, for the purposes of
this Section, be considered a valid court order granting
custody to the mother.
(4) "Putative father" means a man who has a reasonable
belief that he is the father of a child born of a woman who
is not his wife.
(5) "Unlawful purpose" means any misdemeanor or felony
violation of State law or a similar federal or sister state
law or local ordinance.
(b) A person commits the offense of child abduction when he
or she does any one of the following:
(1) Intentionally violates any terms of a valid court
order granting sole or joint custody, care, or possession
to another by concealing or detaining the child or removing

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the child from the jurisdiction of the court.
(2) Intentionally violates a court order prohibiting
the person from concealing or detaining the child or
removing the child from the jurisdiction of the court.
(3) Intentionally conceals, detains, or removes the
child without the consent of the mother or lawful custodian
of the child if the person is a putative father and either:
(A) the paternity of the child has not been legally
established or (B) the paternity of the child has been
legally established but no orders relating to custody have
been entered. Notwithstanding the presumption created by
paragraph (3) of subsection (a), however, a mother commits
child abduction when she intentionally conceals or removes
a child, whom she has abandoned or relinquished custody of,
from an unadjudicated father who has provided sole ongoing
care and custody of the child in her absence.
(4) Intentionally conceals or removes the child from a
parent after filing a petition or being served with process
in an action affecting marriage or paternity but prior to
the issuance of a temporary or final order determining
custody.
(5) At the expiration of visitation rights outside the
State, intentionally fails or refuses to return or impedes
the return of the child to the lawful custodian in
Illinois.
(6) Being a parent of the child, and if the parents of

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that child are or have been married and there has been no
court order of custody, knowingly conceals the child for 15
days, and fails to make reasonable attempts within the
15-day period to notify the other parent as to the specific
whereabouts of the child, including a means by which to
contact the child, or to arrange reasonable visitation or
contact with the child. It is not a violation of this
Section for a person fleeing domestic violence to take the
child with him or her to housing provided by a domestic
violence program.
(7) Being a parent of the child, and if the parents of
the child are or have been married and there has been no
court order of custody, knowingly conceals, detains, or
removes the child with physical force or threat of physical
force.
(8) Knowingly conceals, detains, or removes the child
for payment or promise of payment at the instruction of a
person who has no legal right to custody.
(9) Knowingly retains in this State for 30 days a child
removed from another state without the consent of the
lawful custodian or in violation of a valid court order of
custody.
(10) Intentionally lures or attempts to lure a child:
(A) under the age of 17 or (B) while traveling to or from a
primary or secondary school into a motor vehicle, building,
housetrailer, or dwelling place without the consent of the

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child's parent or lawful custodian for other than a lawful
purpose. For the purposes of this item (10), the trier of
fact may infer that luring or attempted luring of a child
under the age of 17 into a motor vehicle, building,
housetrailer, or dwelling place without the express
consent of the child's parent or lawful custodian or with
the intent to avoid the express consent of the child's
parent or lawful custodian was for other than a lawful
purpose.
(11) With the intent to obstruct or prevent efforts to
locate the child victim of a child abduction, knowingly
destroys, alters, conceals, or disguises physical evidence
or furnishes false information.
(c) It is an affirmative defense to subsections (b)(1)
through (b)(10) of this Section that:
(1) the person had custody of the child pursuant to a
court order granting legal custody or visitation rights
that existed at the time of the alleged violation;
(2) the person had physical custody of the child
pursuant to a court order granting legal custody or
visitation rights and failed to return the child as a
result of circumstances beyond his or her control, and the
person notified and disclosed to the other parent or legal
custodian the specific whereabouts of the child and a means
by which the child could be contacted or made a reasonable
attempt to notify the other parent or lawful custodian of

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the child of those circumstances and made the disclosure
within 24 hours after the visitation period had expired and
returned the child as soon as possible;
(3) the person was fleeing an incidence or pattern of
domestic violence; or
(4) the person lured or attempted to lure a child under
the age of 17 into a motor vehicle, building, housetrailer,
or dwelling place for a lawful purpose in prosecutions
under paragraph (10) of subsection (b).
(d) A person convicted of child abduction under this
Section is guilty of a Class 4 felony. A person convicted of
child abduction under subsection (b)(10) shall undergo a sex
offender evaluation prior to a sentence being imposed. A person
convicted of a second or subsequent violation of paragraph (10)
of subsection (b) of this Section is guilty of a Class 3
felony. A person convicted of child abduction under subsection
(b)(10) when the person has a prior conviction of a sex offense
as defined in the Sex Offender Registration Act or any
substantially similar federal, Uniform Code of Military
Justice, sister state, or foreign government offense is guilty
of a Class 2 felony. It is a factor in aggravation under
subsections (b)(1) through (b)(10) of this Section for which a
court may impose a more severe sentence under Section 5-8-1
(730 ILCS 5/5-8-1) or Article 4.5 of Chapter V of the Unified
Code of Corrections if, upon sentencing, the court finds
evidence of any of the following aggravating factors:

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(1) that the defendant abused or neglected the child
following the concealment, detention, or removal of the
child;
(2) that the defendant inflicted or threatened to
inflict physical harm on a parent or lawful custodian of
the child or on the child with intent to cause that parent
or lawful custodian to discontinue criminal prosecution of
the defendant under this Section;
(3) that the defendant demanded payment in exchange for
return of the child or demanded that he or she be relieved
of the financial or legal obligation to support the child
in exchange for return of the child;
(4) that the defendant has previously been convicted of
child abduction;
(5) that the defendant committed the abduction while
armed with a deadly weapon or the taking of the child
resulted in serious bodily injury to another; or
(6) that the defendant committed the abduction while in
a school, regardless of the time of day or time of year; in
a playground; on any conveyance owned, leased, or
contracted by a school to transport students to or from
school or a school related activity; on the real property
of a school; or on a public way within 1,000 feet of the
real property comprising any school or playground. For
purposes of this paragraph (6), "playground" means a piece
of land owned or controlled by a unit of local government

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that is designated by the unit of local government for use
solely or primarily for children's recreation; and
"school" means a public or private elementary or secondary
school, community college, college, or university.
(e) The court may order the child to be returned to the
parent or lawful custodian from whom the child was concealed,
detained, or removed. In addition to any sentence imposed, the
court may assess any reasonable expense incurred in searching
for or returning the child against any person convicted of
violating this Section.
(f) Nothing contained in this Section shall be construed to
limit the court's contempt power.
(g) Every law enforcement officer investigating an alleged
incident of child abduction shall make a written police report
of any bona fide allegation and the disposition of that
investigation. Every police report completed pursuant to this
Section shall be compiled and recorded within the meaning of
Section 5.1 of the Criminal Identification Act.
(h) Whenever a law enforcement officer has reasons to
believe a child abduction has occurred, she or he shall provide
the lawful custodian a summary of her or his rights under this
Code, including the procedures and relief available to her or
him.
(i) If during the course of an investigation under this
Section the child is found in the physical custody of the
defendant or another, the law enforcement officer shall return

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the child to the parent or lawful custodian from whom the child
was concealed, detained, or removed, unless there is good cause
for the law enforcement officer or the Department of Children
and Family Services to retain temporary protective custody of
the child pursuant to the Abused and Neglected Child Reporting
Act.
(Source: P.A. 96-710, eff. 1-1-10; 96-1000, eff. 7-2-10;
97-160, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12;
97-998, eff. 1-1-13.)
(720 ILCS 5/11-1.30) (was 720 ILCS 5/12-14)
Sec. 11-1.30. Aggravated Criminal Sexual Assault.
(a) A person commits aggravated criminal sexual assault if
that person commits criminal sexual assault and any of the
following aggravating circumstances exist during the
commission of the offense or, for purposes of paragraph (7),
occur as part of the same course of conduct as the commission
of the offense:
(1) the person displays, threatens to use, or uses a
dangerous weapon, other than a firearm, or any other object
fashioned or used in a manner that leads the victim, under
the circumstances, reasonably to believe that the object is
a dangerous weapon;
(2) the person causes bodily harm to the victim, except
as provided in paragraph (10);
(3) the person acts in a manner that threatens or

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endangers the life of the victim or any other person;
(4) the person commits the criminal sexual assault
during the course of committing or attempting to commit any
other felony;
(5) the victim is 60 years of age or older;
(6) the victim is a person with a physical disability
physically handicapped person;
(7) the person delivers (by injection, inhalation,
ingestion, transfer of possession, or any other means) any
controlled substance to the victim without the victim's
consent or by threat or deception for other than medical
purposes;
(8) the person is armed with a firearm;
(9) the person personally discharges a firearm during
the commission of the offense; or
(10) the person personally discharges a firearm during
the commission of the offense, and that discharge
proximately causes great bodily harm, permanent
disability, permanent disfigurement, or death to another
person.
(b) A person commits aggravated criminal sexual assault if
that person is under 17 years of age and: (i) commits an act of
sexual penetration with a victim who is under 9 years of age;
or (ii) commits an act of sexual penetration with a victim who
is at least 9 years of age but under 13 years of age and the
person uses force or threat of force to commit the act.

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(c) A person commits aggravated criminal sexual assault if
that person commits an act of sexual penetration with a victim
who is a person with a severe or profound intellectual
disability severely or profoundly intellectually disabled
person.
(d) Sentence.
(1) Aggravated criminal sexual assault in violation of
paragraph (2), (3), (4), (5), (6), or (7) of subsection (a)
or in violation of subsection (b) or (c) is a Class X
felony. A violation of subsection (a)(1) is a Class X
felony for which 10 years shall be added to the term of
imprisonment imposed by the court. A violation of
subsection (a)(8) is a Class X felony for which 15 years
shall be added to the term of imprisonment imposed by the
court. A violation of subsection (a)(9) is a Class X felony
for which 20 years shall be added to the term of
imprisonment imposed by the court. A violation of
subsection (a)(10) is a Class X felony for which 25 years
or up to a term of natural life imprisonment shall be added
to the term of imprisonment imposed by the court.
(2) A person who is convicted of a second or subsequent
offense of aggravated criminal sexual assault, or who is
convicted of the offense of aggravated criminal sexual
assault after having previously been convicted of the
offense of criminal sexual assault or the offense of
predatory criminal sexual assault of a child, or who is

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convicted of the offense of aggravated criminal sexual
assault after having previously been convicted under the
laws of this or any other state of an offense that is
substantially equivalent to the offense of criminal sexual
assault, the offense of aggravated criminal sexual assault
or the offense of predatory criminal sexual assault of a
child, shall be sentenced to a term of natural life
imprisonment. The commission of the second or subsequent
offense is required to have been after the initial
conviction for this paragraph (2) to apply.
(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff.
1-1-12; 97-1109, eff. 1-1-13.)
(720 ILCS 5/11-1.60) (was 720 ILCS 5/12-16)
Sec. 11-1.60. Aggravated Criminal Sexual Abuse.
(a) A person commits aggravated criminal sexual abuse if
that person commits criminal sexual abuse and any of the
following aggravating circumstances exist (i) during the
commission of the offense or (ii) for purposes of paragraph
(7), as part of the same course of conduct as the commission of
the offense:
(1) the person displays, threatens to use, or uses a
dangerous weapon or any other object fashioned or used in a
manner that leads the victim, under the circumstances,
reasonably to believe that the object is a dangerous
weapon;

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(2) the person causes bodily harm to the victim;
(3) the victim is 60 years of age or older;
(4) the victim is a person with a physical disability
physically handicapped person;
(5) the person acts in a manner that threatens or
endangers the life of the victim or any other person;
(6) the person commits the criminal sexual abuse during
the course of committing or attempting to commit any other
felony; or
(7) the person delivers (by injection, inhalation,
ingestion, transfer of possession, or any other means) any
controlled substance to the victim for other than medical
purposes without the victim's consent or by threat or
deception.
(b) A person commits aggravated criminal sexual abuse if
that person commits an act of sexual conduct with a victim who
is under 18 years of age and the person is a family member.
(c) A person commits aggravated criminal sexual abuse if:
(1) that person is 17 years of age or over and: (i)
commits an act of sexual conduct with a victim who is under
13 years of age; or (ii) commits an act of sexual conduct
with a victim who is at least 13 years of age but under 17
years of age and the person uses force or threat of force
to commit the act; or
(2) that person is under 17 years of age and: (i)
commits an act of sexual conduct with a victim who is under

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9 years of age; or (ii) commits an act of sexual conduct
with a victim who is at least 9 years of age but under 17
years of age and the person uses force or threat of force
to commit the act.
(d) A person commits aggravated criminal sexual abuse if
that person commits an act of sexual penetration or sexual
conduct with a victim who is at least 13 years of age but under
17 years of age and the person is at least 5 years older than
the victim.
(e) A person commits aggravated criminal sexual abuse if
that person commits an act of sexual conduct with a victim who
is a person with a severe or profound intellectual disability
severely or profoundly intellectually disabled person.
(f) A person commits aggravated criminal sexual abuse if
that person commits an act of sexual conduct with a victim who
is at least 13 years of age but under 18 years of age and the
person is 17 years of age or over and holds a position of
trust, authority, or supervision in relation to the victim.
(g) Sentence. Aggravated criminal sexual abuse is a Class 2
felony.
(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff.
1-1-12; 97-1109, eff. 1-1-13.)
(720 ILCS 5/11-14.1)
Sec. 11-14.1. Solicitation of a sexual act.
(a) Any person who offers a person not his or her spouse

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any money, property, token, object, or article or anything of
value for that person or any other person not his or her spouse
to perform any act of sexual penetration as defined in Section
11-0.1 of this Code, or any touching or fondling of the sex
organs of one person by another person for the purpose of
sexual arousal or gratification, commits solicitation of a
sexual act.
(b) Sentence. Solicitation of a sexual act is a Class A
misdemeanor. Solicitation of a sexual act from a person who is
under the age of 18 or who is a person with a severe or profound
intellectual disability severely or profoundly intellectually
disabled is a Class 4 felony. If the court imposes a fine under
this subsection (b), it shall be collected and distributed to
the Specialized Services for Survivors of Human Trafficking
Fund in accordance with Section 5-9-1.21 of the Unified Code of
Corrections.
(b-5) It is an affirmative defense to a charge of
solicitation of a sexual act with a person who is under the age
of 18 or who is a person with a severe or profound intellectual
disability severely or profoundly intellectually disabled that
the accused reasonably believed the person was of the age of 18
years or over or was not a person with a severe or profound
intellectual disability severely or profoundly intellectually
disabled person at the time of the act giving rise to the
charge.
(c) This Section does not apply to a person engaged in

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prostitution who is under 18 years of age.
(d) A person cannot be convicted under this Section if the
practice of prostitution underlying the offense consists
exclusively of the accused's own acts of prostitution under
Section 11-14 of this Code.
(Source: P.A. 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13;
98-1013, eff. 1-1-15.)
(720 ILCS 5/11-14.4)
Sec. 11-14.4. Promoting juvenile prostitution.
(a) Any person who knowingly performs any of the following
acts commits promoting juvenile prostitution:
(1) advances prostitution as defined in Section
11-0.1, where the minor engaged in prostitution, or any
person engaged in prostitution in the place, is under 18
years of age or is a person with a severe or profound
intellectual disability severely or profoundly
intellectually disabled at the time of the offense;
(2) profits from prostitution by any means where the
prostituted person is under 18 years of age or is a person
with a severe or profound intellectual disability severely
or profoundly intellectually disabled at the time of the
offense;
(3) profits from prostitution by any means where the
prostituted person is under 13 years of age at the time of
the offense;

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(4) confines a child under the age of 18 or a person
with a severe or profound intellectual disability severely
or profoundly intellectually disabled person against his
or her will by the infliction or threat of imminent
infliction of great bodily harm or permanent disability or
disfigurement or by administering to the child or the
person with a severe or profound intellectual disability
severely or profoundly intellectually disabled person,
without his or her consent or by threat or deception and
for other than medical purposes, any alcoholic intoxicant
or a drug as defined in the Illinois Controlled Substances
Act or the Cannabis Control Act or methamphetamine as
defined in the Methamphetamine Control and Community
Protection Act and:
(A) compels the child or the person with a severe
or profound intellectual disability severely or
profoundly intellectually disabled person to engage in
prostitution;
(B) arranges a situation in which the child or the
person with a severe or profound intellectual
disability severely or profoundly intellectually
disabled person may practice prostitution; or
(C) profits from prostitution by the child or the
person with a severe or profound intellectual
disability severely or profoundly intellectually
disabled person.

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(b) For purposes of this Section, administering drugs, as
defined in subdivision (a)(4), or an alcoholic intoxicant to a
child under the age of 13 or a person with a severe or profound
intellectual disability severely or profoundly intellectually
disabled person shall be deemed to be without consent if the
administering is done without the consent of the parents or
legal guardian or if the administering is performed by the
parents or legal guardian for other than medical purposes.
(c) If the accused did not have a reasonable opportunity to
observe the prostituted person, it is an affirmative defense to
a charge of promoting juvenile prostitution, except for a
charge under subdivision (a)(4), that the accused reasonably
believed the person was of the age of 18 years or over or was
not a person with a severe or profound intellectual disability
severely or profoundly intellectually disabled person at the
time of the act giving rise to the charge.
(d) Sentence. A violation of subdivision (a)(1) is a Class
1 felony, unless committed within 1,000 feet of real property
comprising a school, in which case it is a Class X felony. A
violation of subdivision (a)(2) is a Class 1 felony. A
violation of subdivision (a)(3) is a Class X felony. A
violation of subdivision (a)(4) is a Class X felony, for which
the person shall be sentenced to a term of imprisonment of not
less than 6 years and not more than 60 years. A second or
subsequent violation of subdivision (a)(1), (a)(2), or (a)(3),
or any combination of convictions under subdivision (a)(1),

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(a)(2), or (a)(3) and Sections 11-14 (prostitution), 11-14.1
(solicitation of a sexual act), 11-14.3 (promoting
prostitution), 11-15 (soliciting for a prostitute), 11-15.1
(soliciting for a juvenile prostitute), 11-16 (pandering),
11-17 (keeping a place of prostitution), 11-17.1 (keeping a
place of juvenile prostitution), 11-18 (patronizing a
prostitute), 11-18.1 (patronizing a juvenile prostitute),
11-19 (pimping), 11-19.1 (juvenile pimping or aggravated
juvenile pimping), or 11-19.2 (exploitation of a child) of this
Code, is a Class X felony.
(e) Forfeiture. Any person convicted of a violation of this
Section that involves promoting juvenile prostitution by
keeping a place of juvenile prostitution or convicted of a
violation of subdivision (a)(4) is subject to the property
forfeiture provisions set forth in Article 124B of the Code of
Criminal Procedure of 1963.
(f) For the purposes of this Section, "prostituted person"
means any person who engages in, or agrees or offers to engage
in, any act of sexual penetration as defined in Section 11-0.1
of this Code for any money, property, token, object, or article
or anything of value, or any touching or fondling of the sex
organs of one person by another person, for any money,
property, token, object, or article or anything of value, for
the purpose of sexual arousal or gratification.
(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff.
1-1-12; 97-1109, eff. 1-1-13.)

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(720 ILCS 5/11-18.1) (from Ch. 38, par. 11-18.1)
Sec. 11-18.1. Patronizing a minor engaged in prostitution.
(a) Any person who engages in an act of sexual penetration
as defined in Section 11-0.1 of this Code with a person engaged
in prostitution who is under 18 years of age or is a person
with a severe or profound intellectual disability severely or
profoundly intellectually disabled person commits patronizing
a minor engaged in prostitution.
(a-5) Any person who engages in any touching or fondling,
with a person engaged in prostitution who either is under 18
years of age or is a person with a severe or profound
intellectual disability severely or profoundly intellectually
disabled person, of the sex organs of one person by the other
person, with the intent to achieve sexual arousal or
gratification, commits patronizing a minor engaged in
prostitution.
(b) It is an affirmative defense to the charge of
patronizing a minor engaged in prostitution that the accused
reasonably believed that the person was of the age of 18 years
or over or was not a person with a severe or profound
intellectual disability severely or profoundly intellectually
disabled person at the time of the act giving rise to the
charge.
(c) Sentence. A person who commits patronizing a juvenile
prostitute is guilty of a Class 3 felony, unless committed

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within 1,000 feet of real property comprising a school, in
which case it is a Class 2 felony. A person convicted of a
second or subsequent violation of this Section, or of any
combination of such number of convictions under this Section
and Sections 11-14 (prostitution), 11-14.1 (solicitation of a
sexual act), 11-14.3 (promoting prostitution), 11-14.4
(promoting juvenile prostitution), 11-15 (soliciting for a
prostitute), 11-15.1 (soliciting for a juvenile prostitute),
11-16 (pandering), 11-17 (keeping a place of prostitution),
11-17.1 (keeping a place of juvenile prostitution), 11-18
(patronizing a prostitute), 11-19 (pimping), 11-19.1 (juvenile
pimping or aggravated juvenile pimping), or 11-19.2
(exploitation of a child) of this Code, is guilty of a Class 2
felony. The fact of such conviction is not an element of the
offense and may not be disclosed to the jury during trial
unless otherwise permitted by issues properly raised during
such trial.
(Source: P.A. 96-1464, eff. 8-20-10; 96-1551, eff. 7-1-11;
97-227, eff. 1-1-12; 97-1109, eff. 1-1-13.)
(720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
Sec. 11-20.1. Child pornography.
(a) A person commits child pornography who:
(1) films, videotapes, photographs, or otherwise
depicts or portrays by means of any similar visual medium
or reproduction or depicts by computer any child whom he or

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she knows or reasonably should know to be under the age of
18 or any person with a severe or profound intellectual
disability severely or profoundly intellectually disabled
person where such child or person with a severe or profound
intellectual disability severely or profoundly
intellectually disabled person is:
(i) actually or by simulation engaged in any act of
sexual penetration or sexual conduct with any person or
animal; or
(ii) actually or by simulation engaged in any act
of sexual penetration or sexual conduct involving the
sex organs of the child or person with a severe or
profound intellectual disability severely or
profoundly intellectually disabled person and the
mouth, anus, or sex organs of another person or animal;
or which involves the mouth, anus or sex organs of the
child or person with a severe or profound intellectual
disability severely or profoundly intellectually
disabled person and the sex organs of another person or
animal; or
(iii) actually or by simulation engaged in any act
of masturbation; or
(iv) actually or by simulation portrayed as being
the object of, or otherwise engaged in, any act of lewd
fondling, touching, or caressing involving another
person or animal; or

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(v) actually or by simulation engaged in any act of
excretion or urination within a sexual context; or
(vi) actually or by simulation portrayed or
depicted as bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in any sexual
context; or
(vii) depicted or portrayed in any pose, posture or
setting involving a lewd exhibition of the unclothed or
transparently clothed genitals, pubic area, buttocks,
or, if such person is female, a fully or partially
developed breast of the child or other person; or
(2) with the knowledge of the nature or content
thereof, reproduces, disseminates, offers to disseminate,
exhibits or possesses with intent to disseminate any film,
videotape, photograph or other similar visual reproduction
or depiction by computer of any child or person with a
severe or profound intellectual disability severely or
profoundly intellectually disabled person whom the person
knows or reasonably should know to be under the age of 18
or to be a person with a severe or profound intellectual
disability severely or profoundly intellectually disabled
person, engaged in any activity described in subparagraphs
(i) through (vii) of paragraph (1) of this subsection; or
(3) with knowledge of the subject matter or theme
thereof, produces any stage play, live performance, film,
videotape or other similar visual portrayal or depiction by

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computer which includes a child whom the person knows or
reasonably should know to be under the age of 18 or a
person with a severe or profound intellectual disability
severely or profoundly intellectually disabled person
engaged in any activity described in subparagraphs (i)
through (vii) of paragraph (1) of this subsection; or
(4) solicits, uses, persuades, induces, entices, or
coerces any child whom he or she knows or reasonably should
know to be under the age of 18 or a person with a severe or
profound intellectual disability severely or profoundly
intellectually disabled person to appear in any stage play,
live presentation, film, videotape, photograph or other
similar visual reproduction or depiction by computer in
which the child or person with a severe or profound
intellectual disability severely or profoundly
intellectually disabled person is or will be depicted,
actually or by simulation, in any act, pose or setting
described in subparagraphs (i) through (vii) of paragraph
(1) of this subsection; or
(5) is a parent, step-parent, legal guardian or other
person having care or custody of a child whom the person
knows or reasonably should know to be under the age of 18
or a person with a severe or profound intellectual
disability severely or profoundly intellectually disabled
person and who knowingly permits, induces, promotes, or
arranges for such child or person with a severe or profound

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intellectual disability severely or profoundly
intellectually disabled person to appear in any stage play,
live performance, film, videotape, photograph or other
similar visual presentation, portrayal or simulation or
depiction by computer of any act or activity described in
subparagraphs (i) through (vii) of paragraph (1) of this
subsection; or
(6) with knowledge of the nature or content thereof,
possesses any film, videotape, photograph or other similar
visual reproduction or depiction by computer of any child
or person with a severe or profound intellectual disability
severely or profoundly intellectually disabled person whom
the person knows or reasonably should know to be under the
age of 18 or to be a person with a severe or profound
intellectual disability severely or profoundly
intellectually disabled person, engaged in any activity
described in subparagraphs (i) through (vii) of paragraph
(1) of this subsection; or
(7) solicits, or knowingly uses, persuades, induces,
entices, or coerces, a person to provide a child under the
age of 18 or a person with a severe or profound
intellectual disability severely or profoundly
intellectually disabled person to appear in any videotape,
photograph, film, stage play, live presentation, or other
similar visual reproduction or depiction by computer in
which the child or person with a severe or profound

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intellectual disability severely or profoundly
intellectually disabled person will be depicted, actually
or by simulation, in any act, pose, or setting described in
subparagraphs (i) through (vii) of paragraph (1) of this
subsection.
(a-5) The possession of each individual film, videotape,
photograph, or other similar visual reproduction or depiction
by computer in violation of this Section constitutes a single
and separate violation. This subsection (a-5) does not apply to
multiple copies of the same film, videotape, photograph, or
other similar visual reproduction or depiction by computer that
are identical to each other.
(b)(1) It shall be an affirmative defense to a charge of
child pornography that the defendant reasonably believed,
under all of the circumstances, that the child was 18 years of
age or older or that the person was not a person with a severe
or profound intellectual disability severely or profoundly
intellectually disabled person but only where, prior to the act
or acts giving rise to a prosecution under this Section, he or
she took some affirmative action or made a bonafide inquiry
designed to ascertain whether the child was 18 years of age or
older or that the person was not a person with a severe or
profound intellectual disability severely or profoundly
intellectually disabled person and his or her reliance upon the
information so obtained was clearly reasonable.
(1.5) Telecommunications carriers, commercial mobile

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service providers, and providers of information services,
including, but not limited to, Internet service providers and
hosting service providers, are not liable under this Section by
virtue of the transmission, storage, or caching of electronic
communications or messages of others or by virtue of the
provision of other related telecommunications, commercial
mobile services, or information services used by others in
violation of this Section.
(2) (Blank).
(3) The charge of child pornography shall not apply to the
performance of official duties by law enforcement or
prosecuting officers or persons employed by law enforcement or
prosecuting agencies, court personnel or attorneys, nor to
bonafide treatment or professional education programs
conducted by licensed physicians, psychologists or social
workers.
(4) If the defendant possessed more than one of the same
film, videotape or visual reproduction or depiction by computer
in which child pornography is depicted, then the trier of fact
may infer that the defendant possessed such materials with the
intent to disseminate them.
(5) The charge of child pornography does not apply to a
person who does not voluntarily possess a film, videotape, or
visual reproduction or depiction by computer in which child
pornography is depicted. Possession is voluntary if the
defendant knowingly procures or receives a film, videotape, or

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visual reproduction or depiction for a sufficient time to be
able to terminate his or her possession.
(6) Any violation of paragraph (1), (2), (3), (4), (5), or
(7) of subsection (a) that includes a child engaged in,
solicited for, depicted in, or posed in any act of sexual
penetration or bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in a sexual context shall
be deemed a crime of violence.
(c) If the violation does not involve a film, videotape, or
other moving depiction, a violation of paragraph (1), (4), (5),
or (7) of subsection (a) is a Class 1 felony with a mandatory
minimum fine of $2,000 and a maximum fine of $100,000. If the
violation involves a film, videotape, or other moving
depiction, a violation of paragraph (1), (4), (5), or (7) of
subsection (a) is a Class X felony with a mandatory minimum
fine of $2,000 and a maximum fine of $100,000. If the violation
does not involve a film, videotape, or other moving depiction,
a violation of paragraph (3) of subsection (a) is a Class 1
felony with a mandatory minimum fine of $1500 and a maximum
fine of $100,000. If the violation involves a film, videotape,
or other moving depiction, a violation of paragraph (3) of
subsection (a) is a Class X felony with a mandatory minimum
fine of $1500 and a maximum fine of $100,000. If the violation
does not involve a film, videotape, or other moving depiction,
a violation of paragraph (2) of subsection (a) is a Class 1
felony with a mandatory minimum fine of $1000 and a maximum

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fine of $100,000. If the violation involves a film, videotape,
or other moving depiction, a violation of paragraph (2) of
subsection (a) is a Class X felony with a mandatory minimum
fine of $1000 and a maximum fine of $100,000. If the violation
does not involve a film, videotape, or other moving depiction,
a violation of paragraph (6) of subsection (a) is a Class 3
felony with a mandatory minimum fine of $1000 and a maximum
fine of $100,000. If the violation involves a film, videotape,
or other moving depiction, a violation of paragraph (6) of
subsection (a) is a Class 2 felony with a mandatory minimum
fine of $1000 and a maximum fine of $100,000.
(c-5) Where the child depicted is under the age of 13, a
violation of paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) is a Class X felony with a mandatory minimum
fine of $2,000 and a maximum fine of $100,000. Where the child
depicted is under the age of 13, a violation of paragraph (6)
of subsection (a) is a Class 2 felony with a mandatory minimum
fine of $1,000 and a maximum fine of $100,000. Where the child
depicted is under the age of 13, a person who commits a
violation of paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) where the defendant has previously been
convicted under the laws of this State or any other state of
the offense of child pornography, aggravated child
pornography, aggravated criminal sexual abuse, aggravated
criminal sexual assault, predatory criminal sexual assault of a
child, or any of the offenses formerly known as rape, deviate

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sexual assault, indecent liberties with a child, or aggravated
indecent liberties with a child where the victim was under the
age of 18 years or an offense that is substantially equivalent
to those offenses, is guilty of a Class X felony for which the
person shall be sentenced to a term of imprisonment of not less
than 9 years with a mandatory minimum fine of $2,000 and a
maximum fine of $100,000. Where the child depicted is under the
age of 13, a person who commits a violation of paragraph (6) of
subsection (a) where the defendant has previously been
convicted under the laws of this State or any other state of
the offense of child pornography, aggravated child
pornography, aggravated criminal sexual abuse, aggravated
criminal sexual assault, predatory criminal sexual assault of a
child, or any of the offenses formerly known as rape, deviate
sexual assault, indecent liberties with a child, or aggravated
indecent liberties with a child where the victim was under the
age of 18 years or an offense that is substantially equivalent
to those offenses, is guilty of a Class 1 felony with a
mandatory minimum fine of $1,000 and a maximum fine of
$100,000. The issue of whether the child depicted is under the
age of 13 is an element of the offense to be resolved by the
trier of fact.
(d) If a person is convicted of a second or subsequent
violation of this Section within 10 years of a prior
conviction, the court shall order a presentence psychiatric
examination of the person. The examiner shall report to the

HB4049 Enrolled - 1596 - LRB099 03667 KTG 23678 b
court whether treatment of the person is necessary.
(e) Any film, videotape, photograph or other similar visual
reproduction or depiction by computer which includes a child
under the age of 18 or a person with a severe or profound
intellectual disability severely or profoundly intellectually
disabled person engaged in any activity described in
subparagraphs (i) through (vii) or paragraph 1 of subsection
(a), and any material or equipment used or intended for use in
photographing, filming, printing, producing, reproducing,
manufacturing, projecting, exhibiting, depiction by computer,
or disseminating such material shall be seized and forfeited in
the manner, method and procedure provided by Section 36-1 of
this Code for the seizure and forfeiture of vessels, vehicles
and aircraft.
In addition, any person convicted under this Section is
subject to the property forfeiture provisions set forth in
Article 124B of the Code of Criminal Procedure of 1963.
(e-5) Upon the conclusion of a case brought under this
Section, the court shall seal all evidence depicting a victim
or witness that is sexually explicit. The evidence may be
unsealed and viewed, on a motion of the party seeking to unseal
and view the evidence, only for good cause shown and in the
discretion of the court. The motion must expressly set forth
the purpose for viewing the material. The State's attorney and
the victim, if possible, shall be provided reasonable notice of
the hearing on the motion to unseal the evidence. Any person

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entitled to notice of a hearing under this subsection (e-5) may
object to the motion.
(f) Definitions. For the purposes of this Section:
(1) "Disseminate" means (i) to sell, distribute,
exchange or transfer possession, whether with or without
consideration or (ii) to make a depiction by computer
available for distribution or downloading through the
facilities of any telecommunications network or through
any other means of transferring computer programs or data
to a computer.
(2) "Produce" means to direct, promote, advertise,
publish, manufacture, issue, present or show.
(3) "Reproduce" means to make a duplication or copy.
(4) "Depict by computer" means to generate or create,
or cause to be created or generated, a computer program or
data that, after being processed by a computer either alone
or in conjunction with one or more computer programs,
results in a visual depiction on a computer monitor,
screen, or display.
(5) "Depiction by computer" means a computer program or
data that, after being processed by a computer either alone
or in conjunction with one or more computer programs,
results in a visual depiction on a computer monitor,
screen, or display.
(6) "Computer", "computer program", and "data" have
the meanings ascribed to them in Section 16D-2 of this

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Code.
(7) For the purposes of this Section, "child
pornography" includes a film, videotape, photograph, or
other similar visual medium or reproduction or depiction by
computer that is, or appears to be, that of a person,
either in part, or in total, under the age of 18 or a
person with a severe or profound intellectual disability
severely or profoundly intellectually disabled person,
regardless of the method by which the film, videotape,
photograph, or other similar visual medium or reproduction
or depiction by computer is created, adopted, or modified
to appear as such. "Child pornography" also includes a
film, videotape, photograph, or other similar visual
medium or reproduction or depiction by computer that is
advertised, promoted, presented, described, or distributed
in such a manner that conveys the impression that the film,
videotape, photograph, or other similar visual medium or
reproduction or depiction by computer is of a person under
the age of 18 or a person with a severe or profound
intellectual disability severely or profoundly
intellectually disabled person.
(g) Re-enactment; findings; purposes.
(1) The General Assembly finds and declares that:
(i) Section 50-5 of Public Act 88-680, effective
January 1, 1995, contained provisions amending the
child pornography statute, Section 11-20.1 of the

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Criminal Code of 1961. Section 50-5 also contained
other provisions.
(ii) In addition, Public Act 88-680 was entitled
"AN ACT to create a Safe Neighborhoods Law". (A)
Article 5 was entitled JUVENILE JUSTICE and amended the
Juvenile Court Act of 1987. (B) Article 15 was entitled
GANGS and amended various provisions of the Criminal
Code of 1961 and the Unified Code of Corrections. (C)
Article 20 was entitled ALCOHOL ABUSE and amended
various provisions of the Illinois Vehicle Code. (D)
Article 25 was entitled DRUG ABUSE and amended the
Cannabis Control Act and the Illinois Controlled
Substances Act. (E) Article 30 was entitled FIREARMS
and amended the Criminal Code of 1961 and the Code of
Criminal Procedure of 1963. (F) Article 35 amended the
Criminal Code of 1961, the Rights of Crime Victims and
Witnesses Act, and the Unified Code of Corrections. (G)
Article 40 amended the Criminal Code of 1961 to
increase the penalty for compelling organization
membership of persons. (H) Article 45 created the
Secure Residential Youth Care Facility Licensing Act
and amended the State Finance Act, the Juvenile Court
Act of 1987, the Unified Code of Corrections, and the
Private Correctional Facility Moratorium Act. (I)
Article 50 amended the WIC Vendor Management Act, the
Firearm Owners Identification Card Act, the Juvenile

HB4049 Enrolled - 1600 - LRB099 03667 KTG 23678 b
Court Act of 1987, the Criminal Code of 1961, the
Wrongs to Children Act, and the Unified Code of
Corrections.
(iii) On September 22, 1998, the Third District
Appellate Court in People v. Dainty, 701 N.E. 2d 118,
ruled that Public Act 88-680 violates the single
subject clause of the Illinois Constitution (Article
IV, Section 8 (d)) and was unconstitutional in its
entirety. As of the time this amendatory Act of 1999
was prepared, People v. Dainty was still subject to
appeal.
(iv) Child pornography is a vital concern to the
people of this State and the validity of future
prosecutions under the child pornography statute of
the Criminal Code of 1961 is in grave doubt.
(2) It is the purpose of this amendatory Act of 1999 to
prevent or minimize any problems relating to prosecutions
for child pornography that may result from challenges to
the constitutional validity of Public Act 88-680 by
re-enacting the Section relating to child pornography that
was included in Public Act 88-680.
(3) This amendatory Act of 1999 re-enacts Section
11-20.1 of the Criminal Code of 1961, as it has been
amended. This re-enactment is intended to remove any
question as to the validity or content of that Section; it
is not intended to supersede any other Public Act that

HB4049 Enrolled - 1601 - LRB099 03667 KTG 23678 b
amends the text of the Section as set forth in this
amendatory Act of 1999. The material is shown as existing
text (i.e., without underscoring) because, as of the time
this amendatory Act of 1999 was prepared, People v. Dainty
was subject to appeal to the Illinois Supreme Court.
(4) The re-enactment by this amendatory Act of 1999 of
Section 11-20.1 of the Criminal Code of 1961 relating to
child pornography that was amended by Public Act 88-680 is
not intended, and shall not be construed, to imply that
Public Act 88-680 is invalid or to limit or impair any
legal argument concerning whether those provisions were
substantially re-enacted by other Public Acts.
(Source: P.A. 97-157, eff. 1-1-12; 97-227, eff. 1-1-12; 97-995,
eff. 1-1-13; 97-1109, eff. 1-1-13; 98-437, eff. 1-1-14.)
(720 ILCS 5/12-0.1)
Sec. 12-0.1. Definitions. In this Article, unless the
context clearly requires otherwise:
"Bona fide labor dispute" means any controversy concerning
wages, salaries, hours, working conditions, or benefits,
including health and welfare, sick leave, insurance, and
pension or retirement provisions, the making or maintaining of
collective bargaining agreements, and the terms to be included
in those agreements.
"Coach" means a person recognized as a coach by the
sanctioning authority that conducts an athletic contest.

HB4049 Enrolled - 1602 - LRB099 03667 KTG 23678 b
"Correctional institution employee" means a person
employed by a penal institution.
"Emergency medical technician" includes a paramedic,
ambulance driver, first aid worker, hospital worker, or other
medical assistance worker.
"Family or household members" include spouses, former
spouses, parents, children, stepchildren, and other persons
related by blood or by present or prior marriage, persons who
share or formerly shared a common dwelling, persons who have or
allegedly have a child in common, persons who share or
allegedly share a blood relationship through a child, persons
who have or have had a dating or engagement relationship,
persons with disabilities and their personal assistants, and
caregivers as defined in Section 12-4.4a of this Code. For
purposes of this Article, neither a casual acquaintanceship nor
ordinary fraternization between 2 individuals in business or
social contexts shall be deemed to constitute a dating
relationship.
"In the presence of a child" means in the physical presence
of a child or knowing or having reason to know that a child is
present and may see or hear an act constituting an offense.
"Park district employee" means a supervisor, director,
instructor, or other person employed by a park district.
"Person with a physical disability Physically handicapped
person" means a person who suffers from a permanent and
disabling physical characteristic, resulting from disease,

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injury, functional disorder, or congenital condition.
"Private security officer" means a registered employee of a
private security contractor agency under the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004.
"Probation officer" means a person as defined in the
Probation and Probation Officers Act.
"Sports official" means a person at an athletic contest who
enforces the rules of the contest, such as an umpire or
referee.
"Sports venue" means a publicly or privately owned sports
or entertainment arena, stadium, community or convention hall,
special event center, or amusement facility, or a special event
center in a public park, during the 12 hours before or after
the sanctioned sporting event.
"Streetgang", "streetgang member", and "criminal street
gang" have the meanings ascribed to those terms in Section 10
of the Illinois Streetgang Terrorism Omnibus Prevention Act.
"Transit employee" means a driver, operator, or employee of
any transportation facility or system engaged in the business
of transporting the public for hire.
"Transit passenger" means a passenger of any
transportation facility or system engaged in the business of
transporting the public for hire, including a passenger using
any area designated by a transportation facility or system as a
vehicle boarding, departure, or transfer location.

HB4049 Enrolled - 1604 - LRB099 03667 KTG 23678 b
"Utility worker" means any of the following:
(1) A person employed by a public utility as defined in
Section 3-105 of the Public Utilities Act.
(2) An employee of a municipally owned utility.
(3) An employee of a cable television company.
(4) An employee of an electric cooperative as defined
in Section 3-119 of the Public Utilities Act.
(5) An independent contractor or an employee of an
independent contractor working on behalf of a cable
television company, public utility, municipally owned
utility, or electric cooperative.
(6) An employee of a telecommunications carrier as
defined in Section 13-202 of the Public Utilities Act, or
an independent contractor or an employee of an independent
contractor working on behalf of a telecommunications
carrier.
(7) An employee of a telephone or telecommunications
cooperative as defined in Section 13-212 of the Public
Utilities Act, or an independent contractor or an employee
of an independent contractor working on behalf of a
telephone or telecommunications cooperative.
(Source: P.A. 96-1551, eff. 7-1-11.)
(720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
Sec. 12-2. Aggravated assault.
(a) Offense based on location of conduct. A person commits

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aggravated assault when he or she commits an assault against an
individual who is on or about a public way, public property, a
public place of accommodation or amusement, or a sports venue.
(b) Offense based on status of victim. A person commits
aggravated assault when, in committing an assault, he or she
knows the individual assaulted to be any of the following:
(1) A person with a physical disability physically
handicapped person or a person 60 years of age or older and
the assault is without legal justification.
(2) A teacher or school employee upon school grounds or
grounds adjacent to a school or in any part of a building
used for school purposes.
(3) A park district employee upon park grounds or
grounds adjacent to a park or in any part of a building
used for park purposes.
(4) A peace officer, community policing volunteer,
fireman, private security officer, emergency management
worker, emergency medical technician, or utility worker:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or her
official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(5) A correctional officer or probation officer:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or her

HB4049 Enrolled - 1606 - LRB099 03667 KTG 23678 b
official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(6) A correctional institution employee, a county
juvenile detention center employee who provides direct and
continuous supervision of residents of a juvenile
detention center, including a county juvenile detention
center employee who supervises recreational activity for
residents of a juvenile detention center, or a Department
of Human Services employee, Department of Human Services
officer, or employee of a subcontractor of the Department
of Human Services supervising or controlling sexually
dangerous persons or sexually violent persons:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or her
official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(7) An employee of the State of Illinois, a municipal
corporation therein, or a political subdivision thereof,
performing his or her official duties.
(8) A transit employee performing his or her official
duties, or a transit passenger.
(9) A sports official or coach actively participating
in any level of athletic competition within a sports venue,
on an indoor playing field or outdoor playing field, or

HB4049 Enrolled - 1607 - LRB099 03667 KTG 23678 b
within the immediate vicinity of such a facility or field.
(10) A person authorized to serve process under Section
2-202 of the Code of Civil Procedure or a special process
server appointed by the circuit court, while that
individual is in the performance of his or her duties as a
process server.
(c) Offense based on use of firearm, device, or motor
vehicle. A person commits aggravated assault when, in
committing an assault, he or she does any of the following:
(1) Uses a deadly weapon, an air rifle as defined in
Section 24.8-0.1 of this Act the Air Rifle Act, or any
device manufactured and designed to be substantially
similar in appearance to a firearm, other than by
discharging a firearm.
(2) Discharges a firearm, other than from a motor
vehicle.
(3) Discharges a firearm from a motor vehicle.
(4) Wears a hood, robe, or mask to conceal his or her
identity.
(5) Knowingly and without lawful justification shines
or flashes a laser gun sight or other laser device attached
to a firearm, or used in concert with a firearm, so that
the laser beam strikes near or in the immediate vicinity of
any person.
(6) Uses a firearm, other than by discharging the
firearm, against a peace officer, community policing

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volunteer, fireman, private security officer, emergency
management worker, emergency medical technician, employee
of a police department, employee of a sheriff's department,
or traffic control municipal employee:
(i) performing his or her official duties;
(ii) assaulted to prevent performance of his or her
official duties; or
(iii) assaulted in retaliation for performing his
or her official duties.
(7) Without justification operates a motor vehicle in a
manner which places a person, other than a person listed in
subdivision (b)(4), in reasonable apprehension of being
struck by the moving motor vehicle.
(8) Without justification operates a motor vehicle in a
manner which places a person listed in subdivision (b)(4),
in reasonable apprehension of being struck by the moving
motor vehicle.
(9) Knowingly video or audio records the offense with
the intent to disseminate the recording.
(d) Sentence. Aggravated assault as defined in subdivision
(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
(c)(1), (c)(4), or (c)(9) is a Class A misdemeanor, except that
aggravated assault as defined in subdivision (b)(4) and (b)(7)
is a Class 4 felony if a Category I, Category II, or Category
III weapon is used in the commission of the assault. Aggravated
assault as defined in subdivision (b)(5), (b)(6), (b)(10),

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(c)(2), (c)(5), (c)(6), or (c)(7) is a Class 4 felony.
Aggravated assault as defined in subdivision (c)(3) or (c)(8)
is a Class 3 felony.
(e) For the purposes of this Section, "Category I weapon",
"Category II weapon, and "Category III weapon" have the
meanings ascribed to those terms in Section 33A-1 of this Code.
(Source: P.A. 97-225, eff. 7-28-11; 97-313, eff. 1-1-12;
97-333, eff. 8-12-11; 97-1109, eff. 1-1-13; 98-385, eff.
1-1-14; revised 12-10-14.)
(720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
Sec. 12-3.05. Aggravated battery.
(a) Offense based on injury. A person commits aggravated
battery when, in committing a battery, other than by the
discharge of a firearm, he or she knowingly does any of the
following:
(1) Causes great bodily harm or permanent disability or
disfigurement.
(2) Causes severe and permanent disability, great
bodily harm, or disfigurement by means of a caustic or
flammable substance, a poisonous gas, a deadly biological
or chemical contaminant or agent, a radioactive substance,
or a bomb or explosive compound.
(3) Causes great bodily harm or permanent disability or
disfigurement to an individual whom the person knows to be
a peace officer, community policing volunteer, fireman,

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private security officer, correctional institution
employee, or Department of Human Services employee
supervising or controlling sexually dangerous persons or
sexually violent persons:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(4) Causes great bodily harm or permanent disability or
disfigurement to an individual 60 years of age or older.
(5) Strangles another individual.
(b) Offense based on injury to a child or person with an
intellectual disability intellectually disabled person. A
person who is at least 18 years of age commits aggravated
battery when, in committing a battery, he or she knowingly and
without legal justification by any means:
(1) causes great bodily harm or permanent disability or
disfigurement to any child under the age of 13 years, or to
any person with a severe or profound intellectual
disability severely or profoundly intellectually disabled
person; or
(2) causes bodily harm or disability or disfigurement
to any child under the age of 13 years or to any person
with a severe or profound intellectual disability severely
or profoundly intellectually disabled person.

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(c) Offense based on location of conduct. A person commits
aggravated battery when, in committing a battery, other than by
the discharge of a firearm, he or she is or the person battered
is on or about a public way, public property, a public place of
accommodation or amusement, a sports venue, or a domestic
violence shelter.
(d) Offense based on status of victim. A person commits
aggravated battery when, in committing a battery, other than by
discharge of a firearm, he or she knows the individual battered
to be any of the following:
(1) A person 60 years of age or older.
(2) A person who is pregnant or has a physical
disability physically handicapped.
(3) A teacher or school employee upon school grounds or
grounds adjacent to a school or in any part of a building
used for school purposes.
(4) A peace officer, community policing volunteer,
fireman, private security officer, correctional
institution employee, or Department of Human Services
employee supervising or controlling sexually dangerous
persons or sexually violent persons:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.

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(5) A judge, emergency management worker, emergency
medical technician, or utility worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(6) An officer or employee of the State of Illinois, a
unit of local government, or a school district, while
performing his or her official duties.
(7) A transit employee performing his or her official
duties, or a transit passenger.
(8) A taxi driver on duty.
(9) A merchant who detains the person for an alleged
commission of retail theft under Section 16-26 of this Code
and the person without legal justification by any means
causes bodily harm to the merchant.
(10) A person authorized to serve process under Section
2-202 of the Code of Civil Procedure or a special process
server appointed by the circuit court while that individual
is in the performance of his or her duties as a process
server.
(11) A nurse while in the performance of his or her
duties as a nurse.
(e) Offense based on use of a firearm. A person commits
aggravated battery when, in committing a battery, he or she

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knowingly does any of the following:
(1) Discharges a firearm, other than a machine gun or a
firearm equipped with a silencer, and causes any injury to
another person.
(2) Discharges a firearm, other than a machine gun or a
firearm equipped with a silencer, and causes any injury to
a person he or she knows to be a peace officer, community
policing volunteer, person summoned by a police officer,
fireman, private security officer, correctional
institution employee, or emergency management worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(3) Discharges a firearm, other than a machine gun or a
firearm equipped with a silencer, and causes any injury to
a person he or she knows to be an emergency medical
technician employed by a municipality or other
governmental unit:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(4) Discharges a firearm and causes any injury to a

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person he or she knows to be a teacher, a student in a
school, or a school employee, and the teacher, student, or
employee is upon school grounds or grounds adjacent to a
school or in any part of a building used for school
purposes.
(5) Discharges a machine gun or a firearm equipped with
a silencer, and causes any injury to another person.
(6) Discharges a machine gun or a firearm equipped with
a silencer, and causes any injury to a person he or she
knows to be a peace officer, community policing volunteer,
person summoned by a police officer, fireman, private
security officer, correctional institution employee or
emergency management worker:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his
or her official duties.
(7) Discharges a machine gun or a firearm equipped with
a silencer, and causes any injury to a person he or she
knows to be an emergency medical technician employed by a
municipality or other governmental unit:
(i) performing his or her official duties;
(ii) battered to prevent performance of his or her
official duties; or
(iii) battered in retaliation for performing his

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or her official duties.
(8) Discharges a machine gun or a firearm equipped with
a silencer, and causes any injury to a person he or she
knows to be a teacher, or a student in a school, or a
school employee, and the teacher, student, or employee is
upon school grounds or grounds adjacent to a school or in
any part of a building used for school purposes.
(f) Offense based on use of a weapon or device. A person
commits aggravated battery when, in committing a battery, he or
she does any of the following:
(1) Uses a deadly weapon other than by discharge of a
firearm, or uses an air rifle as defined in Section
24.8-0.1 of this Code.
(2) Wears a hood, robe, or mask to conceal his or her
identity.
(3) Knowingly and without lawful justification shines
or flashes a laser gunsight or other laser device attached
to a firearm, or used in concert with a firearm, so that
the laser beam strikes upon or against the person of
another.
(4) Knowingly video or audio records the offense with
the intent to disseminate the recording.
(g) Offense based on certain conduct. A person commits
aggravated battery when, other than by discharge of a firearm,
he or she does any of the following:
(1) Violates Section 401 of the Illinois Controlled

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Substances Act by unlawfully delivering a controlled
substance to another and any user experiences great bodily
harm or permanent disability as a result of the injection,
inhalation, or ingestion of any amount of the controlled
substance.
(2) Knowingly administers to an individual or causes
him or her to take, without his or her consent or by threat
or deception, and for other than medical purposes, any
intoxicating, poisonous, stupefying, narcotic, anesthetic,
or controlled substance, or gives to another person any
food containing any substance or object intended to cause
physical injury if eaten.
(3) Knowingly causes or attempts to cause a
correctional institution employee or Department of Human
Services employee to come into contact with blood, seminal
fluid, urine, or feces by throwing, tossing, or expelling
the fluid or material, and the person is an inmate of a
penal institution or is a sexually dangerous person or
sexually violent person in the custody of the Department of
Human Services.
(h) Sentence. Unless otherwise provided, aggravated
battery is a Class 3 felony.
Aggravated battery as defined in subdivision (a)(4),
(d)(4), or (g)(3) is a Class 2 felony.
Aggravated battery as defined in subdivision (a)(3) or
(g)(1) is a Class 1 felony.

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Aggravated battery as defined in subdivision (a)(1) is a
Class 1 felony when the aggravated battery was intentional and
involved the infliction of torture, as defined in paragraph
(14) of subsection (b) of Section 9-1 of this Code, as the
infliction of or subjection to extreme physical pain, motivated
by an intent to increase or prolong the pain, suffering, or
agony of the victim.
Aggravated battery under subdivision (a)(5) is a Class 1
felony if:
(A) the person used or attempted to use a dangerous
instrument while committing the offense; or
(B) the person caused great bodily harm or permanent
disability or disfigurement to the other person while
committing the offense; or
(C) the person has been previously convicted of a
violation of subdivision (a)(5) under the laws of this
State or laws similar to subdivision (a)(5) of any other
state.
Aggravated battery as defined in subdivision (e)(1) is a
Class X felony.
Aggravated battery as defined in subdivision (a)(2) is a
Class X felony for which a person shall be sentenced to a term
of imprisonment of a minimum of 6 years and a maximum of 45
years.
Aggravated battery as defined in subdivision (e)(5) is a
Class X felony for which a person shall be sentenced to a term

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of imprisonment of a minimum of 12 years and a maximum of 45
years.
Aggravated battery as defined in subdivision (e)(2),
(e)(3), or (e)(4) is a Class X felony for which a person shall
be sentenced to a term of imprisonment of a minimum of 15 years
and a maximum of 60 years.
Aggravated battery as defined in subdivision (e)(6),
(e)(7), or (e)(8) is a Class X felony for which a person shall
be sentenced to a term of imprisonment of a minimum of 20 years
and a maximum of 60 years.
Aggravated battery as defined in subdivision (b)(1) is a
Class X felony, except that:
(1) if the person committed the offense while armed
with a firearm, 15 years shall be added to the term of
imprisonment imposed by the court;
(2) if, during the commission of the offense, the
person personally discharged a firearm, 20 years shall be
added to the term of imprisonment imposed by the court;
(3) if, during the commission of the offense, the
person personally discharged a firearm that proximately
caused great bodily harm, permanent disability, permanent
disfigurement, or death to another person, 25 years or up
to a term of natural life shall be added to the term of
imprisonment imposed by the court.
(i) Definitions. For the purposes of this Section:
"Building or other structure used to provide shelter" has

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the meaning ascribed to "shelter" in Section 1 of the Domestic
Violence Shelters Act.
"Domestic violence" has the meaning ascribed to it in
Section 103 of the Illinois Domestic Violence Act of 1986.
"Domestic violence shelter" means any building or other
structure used to provide shelter or other services to victims
or to the dependent children of victims of domestic violence
pursuant to the Illinois Domestic Violence Act of 1986 or the
Domestic Violence Shelters Act, or any place within 500 feet of
such a building or other structure in the case of a person who
is going to or from such a building or other structure.
"Firearm" has the meaning provided under Section 1.1 of the
Firearm Owners Identification Card Act, and does not include an
air rifle as defined by Section 24.8-0.1 of this Code.
"Machine gun" has the meaning ascribed to it in Section
24-1 of this Code.
"Merchant" has the meaning ascribed to it in Section 16-0.1
of this Code.
"Strangle" means intentionally impeding the normal
breathing or circulation of the blood of an individual by
applying pressure on the throat or neck of that individual or
by blocking the nose or mouth of that individual.
(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-227, eff.
1-1-12, 97-313, eff. 1-1-12, and 97-467, eff. 1-1-12; 97-1109,
eff. 1-1-13; 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756,
eff. 7-16-14.)

HB4049 Enrolled - 1620 - LRB099 03667 KTG 23678 b
(720 ILCS 5/12C-10) (was 720 ILCS 5/12-21.5)
Sec. 12C-10. Child abandonment.
(a) A person commits child abandonment when he or she, as a
parent, guardian, or other person having physical custody or
control of a child, without regard for the mental or physical
health, safety, or welfare of that child, knowingly leaves that
child who is under the age of 13 without supervision by a
responsible person over the age of 14 for a period of 24 hours
or more. It is not a violation of this Section for a person to
relinquish a child in accordance with the Abandoned Newborn
Infant Protection Act.
(b) For the purposes of determining whether the child was
left without regard for the mental or physical health, safety,
or welfare of that child, the trier of fact shall consider the
following factors:
(1) the age of the child;
(2) the number of children left at the location;
(3) special needs of the child, including whether the
child is a person with a physical or mental disability is
physically or mentally handicapped, or otherwise in need of
ongoing prescribed medical treatment such as periodic
doses of insulin or other medications;
(4) the duration of time in which the child was left
without supervision;
(5) the condition and location of the place where the

HB4049 Enrolled - 1621 - LRB099 03667 KTG 23678 b
child was left without supervision;
(6) the time of day or night when the child was left
without supervision;
(7) the weather conditions, including whether the
child was left in a location with adequate protection from
the natural elements such as adequate heat or light;
(8) the location of the parent, guardian, or other
person having physical custody or control of the child at
the time the child was left without supervision, the
physical distance the child was from the parent, guardian,
or other person having physical custody or control of the
child at the time the child was without supervision;
(9) whether the child's movement was restricted, or the
child was otherwise locked within a room or other
structure;
(10) whether the child was given a phone number of a
person or location to call in the event of an emergency and
whether the child was capable of making an emergency call;
(11) whether there was food and other provision left
for the child;
(12) whether any of the conduct is attributable to
economic hardship or illness and the parent, guardian or
other person having physical custody or control of the
child made a good faith effort to provide for the health
and safety of the child;
(13) the age and physical and mental capabilities of

HB4049 Enrolled - 1622 - LRB099 03667 KTG 23678 b
the person or persons who provided supervision for the
child;
(14) any other factor that would endanger the health or
safety of that particular child;
(15) whether the child was left under the supervision
of another person.
(c) Child abandonment is a Class 4 felony. A second or
subsequent offense after a prior conviction is a Class 3
felony. A parent, who is found to be in violation of this
Section with respect to his or her child, may be sentenced to
probation for this offense pursuant to Section 12C-15.
(Source: P.A. 97-1109, eff. 1-1-13; 98-756, eff. 7-16-14.)
(720 ILCS 5/16-30)
Sec. 16-30. Identity theft; aggravated identity theft.
(a) A person commits identity theft when he or she
knowingly:
(1) uses any personal identifying information or
personal identification document of another person to
fraudulently obtain credit, money, goods, services, or
other property;
(2) uses any personal identification information or
personal identification document of another with intent to
commit any felony not set forth in paragraph (1) of this
subsection (a);
(3) obtains, records, possesses, sells, transfers,

HB4049 Enrolled - 1623 - LRB099 03667 KTG 23678 b
purchases, or manufactures any personal identification
information or personal identification document of another
with intent to commit any felony;
(4) uses, obtains, records, possesses, sells,
transfers, purchases, or manufactures any personal
identification information or personal identification
document of another knowing that such personal
identification information or personal identification
documents were stolen or produced without lawful
authority;
(5) uses, transfers, or possesses document-making
implements to produce false identification or false
documents with knowledge that they will be used by the
person or another to commit any felony;
(6) uses any personal identification information or
personal identification document of another to portray
himself or herself as that person, or otherwise, for the
purpose of gaining access to any personal identification
information or personal identification document of that
person, without the prior express permission of that
person;
(7) uses any personal identification information or
personal identification document of another for the
purpose of gaining access to any record of the actions
taken, communications made or received, or other
activities or transactions of that person, without the

HB4049 Enrolled - 1624 - LRB099 03667 KTG 23678 b
prior express permission of that person;
(7.5) uses, possesses, or transfers a radio frequency
identification device capable of obtaining or processing
personal identifying information from a radio frequency
identification (RFID) tag or transponder with knowledge
that the device will be used by the person or another to
commit a felony violation of State law or any violation of
this Article; or
(8) in the course of applying for a building permit
with a unit of local government, provides the license
number of a roofing or fire sprinkler contractor whom he or
she does not intend to have perform the work on the roofing
or fire sprinkler portion of the project; it is an
affirmative defense to prosecution under this paragraph
(8) that the building permit applicant promptly informed
the unit of local government that issued the building
permit of any change in the roofing or fire sprinkler
contractor.
(b) Aggravated identity theft. A person commits aggravated
identity theft when he or she commits identity theft as set
forth in subsection (a) of this Section:
(1) against a person 60 years of age or older or a
person with a disability; or
(2) in furtherance of the activities of an organized
gang.
A defense to aggravated identity theft does not exist

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merely because the accused reasonably believed the victim to be
a person less than 60 years of age. For the purposes of this
subsection, "organized gang" has the meaning ascribed in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(c) Knowledge shall be determined by an evaluation of all
circumstances surrounding the use of the other person's
identifying information or document.
(d) When a charge of identity theft or aggravated identity
theft of credit, money, goods, services, or other property
exceeding a specified value is brought, the value of the
credit, money, goods, services, or other property is an element
of the offense to be resolved by the trier of fact as either
exceeding or not exceeding the specified value.
(e) Sentence.
(1) Identity theft.
(A) A person convicted of identity theft in
violation of paragraph (1) of subsection (a) shall be
sentenced as follows:
(i) Identity theft of credit, money, goods,
services, or other property not exceeding $300 in
value is a Class 4 felony. A person who has been
previously convicted of identity theft of less
than $300 who is convicted of a second or
subsequent offense of identity theft of less than
$300 is guilty of a Class 3 felony. A person who

HB4049 Enrolled - 1626 - LRB099 03667 KTG 23678 b
has been convicted of identity theft of less than
$300 who has been previously convicted of any type
of theft, robbery, armed robbery, burglary,
residential burglary, possession of burglary
tools, home invasion, home repair fraud,
aggravated home repair fraud, or financial
exploitation of an elderly person or person with a
disability or disabled person is guilty of a Class
3 felony. Identity theft of credit, money, goods,
services, or other property not exceeding $300 in
value when the victim of the identity theft is an
active duty member of the Armed Services or Reserve
Forces of the United States or of the Illinois
National Guard serving in a foreign country is a
Class 3 felony. A person who has been previously
convicted of identity theft of less than $300 who
is convicted of a second or subsequent offense of
identity theft of less than $300 when the victim of
the identity theft is an active duty member of the
Armed Services or Reserve Forces of the United
States or of the Illinois National Guard serving in
a foreign country is guilty of a Class 2 felony. A
person who has been convicted of identity theft of
less than $300 when the victim of the identity
theft is an active duty member of the Armed
Services or Reserve Forces of the United States or

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of the Illinois National Guard serving in a foreign
country who has been previously convicted of any
type of theft, robbery, armed robbery, burglary,
residential burglary, possession of burglary
tools, home invasion, home repair fraud,
aggravated home repair fraud, or financial
exploitation of an elderly person or person with a
disability or disabled person is guilty of a Class
2 felony.
(ii) Identity theft of credit, money, goods,
services, or other property exceeding $300 and not
exceeding $2,000 in value is a Class 3 felony.
Identity theft of credit, money, goods, services,
or other property exceeding $300 and not exceeding
$2,000 in value when the victim of the identity
theft is an active duty member of the Armed
Services or Reserve Forces of the United States or
of the Illinois National Guard serving in a foreign
country is a Class 2 felony.
(iii) Identity theft of credit, money, goods,
services, or other property exceeding $2,000 and
not exceeding $10,000 in value is a Class 2 felony.
Identity theft of credit, money, goods, services,
or other property exceeding $2,000 and not
exceeding $10,000 in value when the victim of the
identity theft is an active duty member of the

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Armed Services or Reserve Forces of the United
States or of the Illinois National Guard serving in
a foreign country is a Class 1 felony.
(iv) Identity theft of credit, money, goods,
services, or other property exceeding $10,000 and
not exceeding $100,000 in value is a Class 1
felony. Identity theft of credit, money, goods,
services, or other property exceeding $10,000 and
not exceeding $100,000 in value when the victim of
the identity theft is an active duty member of the
Armed Services or Reserve Forces of the United
States or of the Illinois National Guard serving in
a foreign country is a Class X felony.
(v) Identity theft of credit, money, goods,
services, or other property exceeding $100,000 in
value is a Class X felony.
(B) A person convicted of any offense enumerated in
paragraphs (2) through (7.5) of subsection (a) is
guilty of a Class 3 felony. A person convicted of any
offense enumerated in paragraphs (2) through (7.5) of
subsection (a) when the victim of the identity theft is
an active duty member of the Armed Services or Reserve
Forces of the United States or of the Illinois National
Guard serving in a foreign country is guilty of a Class
2 felony.
(C) A person convicted of any offense enumerated in

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paragraphs (2) through (5) and (7.5) of subsection (a)
a second or subsequent time is guilty of a Class 2
felony. A person convicted of any offense enumerated in
paragraphs (2) through (5) and (7.5) of subsection (a)
a second or subsequent time when the victim of the
identity theft is an active duty member of the Armed
Services or Reserve Forces of the United States or of
the Illinois National Guard serving in a foreign
country is guilty of a Class 1 felony.
(D) A person who, within a 12-month period, is
found in violation of any offense enumerated in
paragraphs (2) through (7.5) of subsection (a) with
respect to the identifiers of, or other information
relating to, 3 or more separate individuals, at the
same time or consecutively, is guilty of a Class 2
felony. A person who, within a 12-month period, is
found in violation of any offense enumerated in
paragraphs (2) through (7.5) of subsection (a) with
respect to the identifiers of, or other information
relating to, 3 or more separate individuals, at the
same time or consecutively, when the victim of the
identity theft is an active duty member of the Armed
Services or Reserve Forces of the United States or of
the Illinois National Guard serving in a foreign
country is guilty of a Class 1 felony.
(E) A person convicted of identity theft in

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violation of paragraph (2) of subsection (a) who uses
any personal identification information or personal
identification document of another to purchase
methamphetamine manufacturing material as defined in
Section 10 of the Methamphetamine Control and
Community Protection Act with the intent to unlawfully
manufacture methamphetamine is guilty of a Class 2
felony for a first offense and a Class 1 felony for a
second or subsequent offense. A person convicted of
identity theft in violation of paragraph (2) of
subsection (a) who uses any personal identification
information or personal identification document of
another to purchase methamphetamine manufacturing
material as defined in Section 10 of the
Methamphetamine Control and Community Protection Act
with the intent to unlawfully manufacture
methamphetamine when the victim of the identity theft
is an active duty member of the Armed Services or
Reserve Forces of the United States or of the Illinois
National Guard serving in a foreign country is guilty
of a Class 1 felony for a first offense and a Class X
felony for a second or subsequent offense.
(F) A person convicted of identity theft in
violation of paragraph (8) of subsection (a) of this
Section is guilty of a Class 4 felony.
(2) Aggravated identity theft.

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(A) Aggravated identity theft of credit, money,
goods, services, or other property not exceeding $300
in value is a Class 3 felony.
(B) Aggravated identity theft of credit, money,
goods, services, or other property exceeding $300 and
not exceeding $10,000 in value is a Class 2 felony.
(C) Aggravated identity theft of credit, money,
goods, services, or other property exceeding $10,000
in value and not exceeding $100,000 in value is a Class
1 felony.
(D) Aggravated identity theft of credit, money,
goods, services, or other property exceeding $100,000
in value is a Class X felony.
(E) Aggravated identity theft for a violation of
any offense enumerated in paragraphs (2) through (7.5)
of subsection (a) of this Section is a Class 2 felony.
(F) Aggravated identity theft when a person who,
within a 12-month period, is found in violation of any
offense enumerated in paragraphs (2) through (7.5) of
subsection (a) of this Section with identifiers of, or
other information relating to, 3 or more separate
individuals, at the same time or consecutively, is a
Class 1 felony.
(G) A person who has been previously convicted of
aggravated identity theft regardless of the value of
the property involved who is convicted of a second or

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subsequent offense of aggravated identity theft
regardless of the value of the property involved is
guilty of a Class X felony.
(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-333, eff.
8-12-11, and 97-388, eff. 1-1-12; 97-1109, eff. 1-1-13.)
(720 ILCS 5/17-2) (from Ch. 38, par. 17-2)
Sec. 17-2. False personation; solicitation.
(a) False personation; solicitation.
(1) A person commits a false personation when he or she
knowingly and falsely represents himself or herself to be a
member or representative of any veterans' or public safety
personnel organization or a representative of any
charitable organization, or when he or she knowingly
exhibits or uses in any manner any decal, badge or insignia
of any charitable, public safety personnel, or veterans'
organization when not authorized to do so by the
charitable, public safety personnel, or veterans'
organization. "Public safety personnel organization" has
the meaning ascribed to that term in Section 1 of the
Solicitation for Charity Act.
(2) A person commits a false personation when he or she
knowingly and falsely represents himself or herself to be a
veteran in seeking employment or public office. In this
paragraph, "veteran" means a person who has served in the
Armed Services or Reserve Forces of the United States.

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(2.5) A person commits a false personation when he or
she knowingly and falsely represents himself or herself to
be:
(A) another actual person and does an act in such
assumed character with intent to intimidate, threaten,
injure, defraud, or to obtain a benefit from another;
or
(B) a representative of an actual person or
organization and does an act in such false capacity
with intent to obtain a benefit or to injure or defraud
another.
(3) No person shall knowingly use the words "Police",
"Police Department", "Patrolman", "Sergeant",
"Lieutenant", "Peace Officer", "Sheriff's Police",
"Sheriff", "Officer", "Law Enforcement", "Trooper",
"Deputy", "Deputy Sheriff", "State Police", or any other
words to the same effect (i) in the title of any
organization, magazine, or other publication without the
express approval of the named public safety personnel
organization's governing board or (ii) in combination with
the name of any state, state agency, public university, or
unit of local government without the express written
authorization of that state, state agency, public
university, or unit of local government.
(4) No person may knowingly claim or represent that he
or she is acting on behalf of any public safety personnel

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organization when soliciting financial contributions or
selling or delivering or offering to sell or deliver any
merchandise, goods, services, memberships, or
advertisements unless the chief of the police department,
fire department, and the corporate or municipal authority
thereof, or the sheriff has first entered into a written
agreement with the person or with an organization with
which the person is affiliated and the agreement permits
the activity and specifies and states clearly and fully the
purpose for which the proceeds of the solicitation,
contribution, or sale will be used.
(5) No person, when soliciting financial contributions
or selling or delivering or offering to sell or deliver any
merchandise, goods, services, memberships, or
advertisements may claim or represent that he or she is
representing or acting on behalf of any nongovernmental
organization by any name which includes "officer", "peace
officer", "police", "law enforcement", "trooper",
"sheriff", "deputy", "deputy sheriff", "State police", or
any other word or words which would reasonably be
understood to imply that the organization is composed of
law enforcement personnel unless:
(A) the person is actually representing or acting
on behalf of the nongovernmental organization;
(B) the nongovernmental organization is controlled
by and governed by a membership of and represents a

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group or association of active duty peace officers,
retired peace officers, or injured peace officers; and
(C) before commencing the solicitation or the sale
or the offers to sell any merchandise, goods, services,
memberships, or advertisements, a written contract
between the soliciting or selling person and the
nongovernmental organization, which specifies and
states clearly and fully the purposes for which the
proceeds of the solicitation, contribution, or sale
will be used, has been entered into.
(6) No person, when soliciting financial contributions
or selling or delivering or offering to sell or deliver any
merchandise, goods, services, memberships, or
advertisements, may knowingly claim or represent that he or
she is representing or acting on behalf of any
nongovernmental organization by any name which includes
the term "fireman", "fire fighter", "paramedic", or any
other word or words which would reasonably be understood to
imply that the organization is composed of fire fighter or
paramedic personnel unless:
(A) the person is actually representing or acting
on behalf of the nongovernmental organization;
(B) the nongovernmental organization is controlled
by and governed by a membership of and represents a
group or association of active duty, retired, or
injured fire fighters (for the purposes of this

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Section, "fire fighter" has the meaning ascribed to
that term in Section 2 of the Illinois Fire Protection
Training Act) or active duty, retired, or injured
emergency medical technicians - ambulance, emergency
medical technicians - intermediate, emergency medical
technicians - paramedic, ambulance drivers, or other
medical assistance or first aid personnel; and
(C) before commencing the solicitation or the sale
or delivery or the offers to sell or deliver any
merchandise, goods, services, memberships, or
advertisements, the soliciting or selling person and
the nongovernmental organization have entered into a
written contract that specifies and states clearly and
fully the purposes for which the proceeds of the
solicitation, contribution, or sale will be used.
(7) No person may knowingly claim or represent that he
or she is an airman, airline employee, airport employee, or
contractor at an airport in order to obtain the uniform,
identification card, license, or other identification
paraphernalia of an airman, airline employee, airport
employee, or contractor at an airport.
(8) No person, firm, copartnership, or corporation
(except corporations organized and doing business under
the Pawners Societies Act) shall knowingly use a name that
contains in it the words "Pawners' Society".
(b) False personation; public officials and employees. A

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person commits a false personation if he or she knowingly and
falsely represents himself or herself to be any of the
following:
(1) An attorney authorized to practice law for purposes
of compensation or consideration. This paragraph (b)(1)
does not apply to a person who unintentionally fails to pay
attorney registration fees established by Supreme Court
Rule.
(2) A public officer or a public employee or an
official or employee of the federal government.
(2.3) A public officer, a public employee, or an
official or employee of the federal government, and the
false representation is made in furtherance of the
commission of felony.
(2.7) A public officer or a public employee, and the
false representation is for the purpose of effectuating
identity theft as defined in Section 16-30 of this Code.
(3) A peace officer.
(4) A peace officer while carrying a deadly weapon.
(5) A peace officer in attempting or committing a
felony.
(6) A peace officer in attempting or committing a
forcible felony.
(7) The parent, legal guardian, or other relation of a
minor child to any public official, public employee, or
elementary or secondary school employee or administrator.

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(7.5) The legal guardian, including any representative
of a State or public guardian, of a person with a
disability disabled person appointed under Article XIa of
the Probate Act of 1975.
(8) A fire fighter.
(9) A fire fighter while carrying a deadly weapon.
(10) A fire fighter in attempting or committing a
felony.
(11) An emergency management worker of any
jurisdiction in this State.
(12) An emergency management worker of any
jurisdiction in this State in attempting or committing a
felony. For the purposes of this subsection (b), "emergency
management worker" has the meaning provided under Section
2-6.6 of this Code.
(b-5) The trier of fact may infer that a person falsely
represents himself or herself to be a public officer or a
public employee or an official or employee of the federal
government if the person:
(1) wears or displays without authority any uniform,
badge, insignia, or facsimile thereof by which a public
officer or public employee or official or employee of the
federal government is lawfully distinguished; or
(2) falsely expresses by word or action that he or she
is a public officer or public employee or official or
employee of the federal government and is acting with

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approval or authority of a public agency or department.
(c) Fraudulent advertisement of a corporate name.
(1) A company, association, or individual commits
fraudulent advertisement of a corporate name if he, she, or
it, not being incorporated, puts forth a sign or
advertisement and assumes, for the purpose of soliciting
business, a corporate name.
(2) Nothing contained in this subsection (c) prohibits
a corporation, company, association, or person from using a
divisional designation or trade name in conjunction with
its corporate name or assumed name under Section 4.05 of
the Business Corporation Act of 1983 or, if it is a member
of a partnership or joint venture, from doing partnership
or joint venture business under the partnership or joint
venture name. The name under which the joint venture or
partnership does business may differ from the names of the
members. Business may not be conducted or transacted under
that joint venture or partnership name, however, unless all
provisions of the Assumed Business Name Act have been
complied with. Nothing in this subsection (c) permits a
foreign corporation to do business in this State without
complying with all Illinois laws regulating the doing of
business by foreign corporations. No foreign corporation
may conduct or transact business in this State as a member
of a partnership or joint venture that violates any
Illinois law regulating or pertaining to the doing of

HB4049 Enrolled - 1640 - LRB099 03667 KTG 23678 b
business by foreign corporations in Illinois.
(3) The provisions of this subsection (c) do not apply
to limited partnerships formed under the Revised Uniform
Limited Partnership Act or under the Uniform Limited
Partnership Act (2001).
(d) False law enforcement badges.
(1) A person commits false law enforcement badges if he
or she knowingly produces, sells, or distributes a law
enforcement badge without the express written consent of
the law enforcement agency represented on the badge or, in
case of a reorganized or defunct law enforcement agency,
its successor law enforcement agency.
(2) It is a defense to false law enforcement badges
that the law enforcement badge is used or is intended to be
used exclusively: (i) as a memento or in a collection or
exhibit; (ii) for decorative purposes; or (iii) for a
dramatic presentation, such as a theatrical, film, or
television production.
(e) False medals.
(1) A person commits a false personation if he or she
knowingly and falsely represents himself or herself to be a
recipient of, or wears on his or her person, any of the
following medals if that medal was not awarded to that
person by the United States Government, irrespective of
branch of service: The Congressional Medal of Honor, The
Distinguished Service Cross, The Navy Cross, The Air Force

HB4049 Enrolled - 1641 - LRB099 03667 KTG 23678 b
Cross, The Silver Star, The Bronze Star, or the Purple
Heart.
(2) It is a defense to a prosecution under paragraph
(e)(1) that the medal is used, or is intended to be used,
exclusively:
(A) for a dramatic presentation, such as a
theatrical, film, or television production, or a
historical re-enactment; or
(B) for a costume worn, or intended to be worn, by
a person under 18 years of age.
(f) Sentence.
(1) A violation of paragraph (a)(8) is a petty offense
subject to a fine of not less than $5 nor more than $100,
and the person, firm, copartnership, or corporation
commits an additional petty offense for each day he, she,
or it continues to commit the violation. A violation of
paragraph (c)(1) is a petty offense, and the company,
association, or person commits an additional petty offense
for each day he, she, or it continues to commit the
violation. A violation of subsection (e) is a petty offense
for which the offender shall be fined at least $100 and not
more than $200.
(2) A violation of paragraph (a)(1), (a)(3), or
(b)(7.5) is a Class C misdemeanor.
(3) A violation of paragraph (a)(2), (a)(2.5), (a)(7),
(b)(2), or (b)(7) or subsection (d) is a Class A

HB4049 Enrolled - 1642 - LRB099 03667 KTG 23678 b
misdemeanor. A second or subsequent violation of
subsection (d) is a Class 3 felony.
(4) A violation of paragraph (a)(4), (a)(5), (a)(6),
(b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is a
Class 4 felony.
(5) A violation of paragraph (b)(4), (b)(9), or (b)(12)
is a Class 3 felony.
(6) A violation of paragraph (b)(5) or (b)(10) is a
Class 2 felony.
(7) A violation of paragraph (b)(6) is a Class 1
felony.
(g) A violation of subsection (a)(1) through (a)(7) or
subsection (e) of this Section may be accomplished in person or
by any means of communication, including but not limited to the
use of an Internet website or any form of electronic
communication.
(Source: P.A. 97-219, eff. 1-1-12; 97-597, eff. 1-1-12;
incorporates change to Sec. 32-5 from 97-219; 97-1109, eff.
1-1-13; 98-1125, eff. 1-1-15.)
(720 ILCS 5/17-6) (from Ch. 38, par. 17-6)
Sec. 17-6. State benefits fraud.
(a) A person commits State benefits fraud when he or she
obtains or attempts to obtain money or benefits from the State
of Illinois, from any political subdivision thereof, or from
any program funded or administered in whole or in part by the

HB4049 Enrolled - 1643 - LRB099 03667 KTG 23678 b
State of Illinois or any political subdivision thereof through
the knowing use of false identification documents or through
the knowing misrepresentation of his or her age, place of
residence, number of dependents, marital or family status,
employment status, financial status, or any other material fact
upon which his eligibility for or degree of participation in
any benefit program might be based.
(b) Notwithstanding any provision of State law to the
contrary, every application or other document submitted to an
agency or department of the State of Illinois or any political
subdivision thereof to establish or determine eligibility for
money or benefits from the State of Illinois or from any
political subdivision thereof, or from any program funded or
administered in whole or in part by the State of Illinois or
any political subdivision thereof, shall be made available upon
request to any law enforcement agency for use in the
investigation or prosecution of State benefits fraud or for use
in the investigation or prosecution of any other crime arising
out of the same transaction or occurrence. Except as otherwise
permitted by law, information disclosed pursuant to this
subsection shall be used and disclosed only for the purposes
provided herein. The provisions of this Section shall be
operative only to the extent that they do not conflict with any
federal law or regulation governing federal grants to this
State.
(c) Any employee of the State of Illinois or any agency or

HB4049 Enrolled - 1644 - LRB099 03667 KTG 23678 b
political subdivision thereof may seize as evidence any false
or fraudulent document presented to him or her in connection
with an application for or receipt of money or benefits from
the State of Illinois, from any political subdivision thereof,
or from any program funded or administered in whole or in part
by the State of Illinois or any political subdivision thereof.
(d) Sentence.
(1) State benefits fraud is a Class 4 felony except when
more than $300 is obtained, in which case State benefits fraud
is a Class 3 felony.
(2) If a person knowingly misrepresents oneself as a
veteran or as a dependent of a veteran with the intent of
obtaining benefits or privileges provided by the State or its
political subdivisions to veterans or their dependents, then
State benefits fraud is a Class 3 felony when $300 or less is
obtained and a Class 2 felony when more than $300 is obtained.
For the purposes of this paragraph (2), benefits and privileges
include, but are not limited to, those benefits and privileges
available under the Veterans' Employment Act, the Viet Nam
Veterans Compensation Act, the Prisoner of War Bonus Act, the
War Bonus Extension Act, the Military Veterans Assistance Act,
the Veterans' Employment Representative Act, the Veterans
Preference Act, the Service Member's Employment Tenure Act, the
Housing for Veterans with Disabilities Act Disabled Veterans
Housing Act, the Under Age Veterans Benefits Act, the Survivors
Compensation Act, the Children of Deceased Veterans Act, the

HB4049 Enrolled - 1645 - LRB099 03667 KTG 23678 b
Veterans Burial Places Act, the Higher Education Student
Assistance Act, or any other loans, assistance in employment,
monetary payments, or tax exemptions offered by the State or
its political subdivisions for veterans or their dependents.
(Source: P.A. 96-1551, eff. 7-1-11.)
(720 ILCS 5/17-6.5)
Sec. 17-6.5. Persons under deportation order;
ineligibility for benefits.
(a) An individual against whom a United States Immigration
Judge has issued an order of deportation which has been
affirmed by the Board of Immigration Review, as well as an
individual who appeals such an order pending appeal, under
paragraph 19 of Section 241(a) of the Immigration and
Nationality Act relating to persecution of others on account of
race, religion, national origin or political opinion under the
direction of or in association with the Nazi government of
Germany or its allies, shall be ineligible for the following
benefits authorized by State law:
(1) The homestead exemptions and homestead improvement
exemption under Sections 15-170, 15-175, 15-176, and
15-180 of the Property Tax Code.
(2) Grants under the Senior Citizens and Persons with
Disabilities Disabled Persons Property Tax Relief Act.
(3) The double income tax exemption conferred upon
persons 65 years of age or older by Section 204 of the

HB4049 Enrolled - 1646 - LRB099 03667 KTG 23678 b
Illinois Income Tax Act.
(4) Grants provided by the Department on Aging.
(5) Reductions in vehicle registration fees under
Section 3-806.3 of the Illinois Vehicle Code.
(6) Free fishing and reduced fishing license fees under
Sections 20-5 and 20-40 of the Fish and Aquatic Life Code.
(7) Tuition free courses for senior citizens under the
Senior Citizen Courses Act.
(8) Any benefits under the Illinois Public Aid Code.
(b) If a person has been found by a court to have knowingly
received benefits in violation of subsection (a) and:
(1) the total monetary value of the benefits received
is less than $150, the person is guilty of a Class A
misdemeanor; a second or subsequent violation is a Class 4
felony;
(2) the total monetary value of the benefits received
is $150 or more but less than $1,000, the person is guilty
of a Class 4 felony; a second or subsequent violation is a
Class 3 felony;
(3) the total monetary value of the benefits received
is $1,000 or more but less than $5,000, the person is
guilty of a Class 3 felony; a second or subsequent
violation is a Class 2 felony;
(4) the total monetary value of the benefits received
is $5,000 or more but less than $10,000, the person is
guilty of a Class 2 felony; a second or subsequent

HB4049 Enrolled - 1647 - LRB099 03667 KTG 23678 b
violation is a Class 1 felony; or
(5) the total monetary value of the benefits received
is $10,000 or more, the person is guilty of a Class 1
felony.
(c) For purposes of determining the classification of an
offense under this Section, all of the monetary value of the
benefits received as a result of the unlawful act, practice, or
course of conduct may be accumulated.
(d) Any grants awarded to persons described in subsection
(a) may be recovered by the State of Illinois in a civil action
commenced by the Attorney General in the circuit court of
Sangamon County or the State's Attorney of the county of
residence of the person described in subsection (a).
(e) An individual described in subsection (a) who has been
deported shall be restored to any benefits which that
individual has been denied under State law pursuant to
subsection (a) if (i) the Attorney General of the United States
has issued an order cancelling deportation and has adjusted the
status of the individual to that of an alien lawfully admitted
for permanent residence in the United States or (ii) the
country to which the individual has been deported adjudicates
or exonerates the individual in a judicial or administrative
proceeding as not being guilty of the persecution of others on
account of race, religion, national origin, or political
opinion under the direction of or in association with the Nazi
government of Germany or its allies.

HB4049 Enrolled - 1648 - LRB099 03667 KTG 23678 b
(Source: P.A. 96-1551, eff. 7-1-11; 97-689, eff. 6-14-12.)
(720 ILCS 5/17-10.2) (was 720 ILCS 5/17-29)
Sec. 17-10.2. Businesses owned by minorities, females, and
persons with disabilities; fraudulent contracts with
governmental units.
(a) In this Section:
"Minority person" means a person who is any of the
following:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black or
African American".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a person

HB4049 Enrolled - 1649 - LRB099 03667 KTG 23678 b
having origins in any of the original peoples of Hawaii,
Guam, Samoa, or other Pacific Islands).
"Female" means a person who is of the female gender.
"Person with a disability" means a person who is a
person qualifying as having a disability being disabled.
"Disability Disabled" means a severe physical or
mental disability that: (1) results from: amputation,
arthritis, autism, blindness, burn injury, cancer,
cerebral palsy, cystic fibrosis, deafness, head injury,
heart disease, hemiplegia, hemophilia, respiratory or
pulmonary dysfunction, an intellectual disability, mental
illness, multiple sclerosis, muscular dystrophy,
musculoskeletal disorders, neurological disorders,
including stroke and epilepsy, paraplegia, quadriplegia
and other spinal cord conditions, sickle cell anemia,
specific learning disabilities, or end stage renal failure
disease; and (2) substantially limits one or more of the
person's major life activities.
"Minority owned business" means a business concern
that is at least 51% owned by one or more minority persons,
or in the case of a corporation, at least 51% of the stock
in which is owned by one or more minority persons; and the
management and daily business operations of which are
controlled by one or more of the minority individuals who
own it.
"Female owned business" means a business concern that

HB4049 Enrolled - 1650 - LRB099 03667 KTG 23678 b
is at least 51% owned by one or more females, or, in the
case of a corporation, at least 51% of the stock in which
is owned by one or more females; and the management and
daily business operations of which are controlled by one or
more of the females who own it.
"Business owned by a person with a disability" means a
business concern that is at least 51% owned by one or more
persons with a disability and the management and daily
business operations of which are controlled by one or more
of the persons with disabilities who own it. A
not-for-profit agency for persons with disabilities that
is exempt from taxation under Section 501 of the Internal
Revenue Code of 1986 is also considered a "business owned
by a person with a disability".
"Governmental unit" means the State, a unit of local
government, or school district.
(b) In addition to any other penalties imposed by law or by
an ordinance or resolution of a unit of local government or
school district, any individual or entity that knowingly
obtains, or knowingly assists another to obtain, a contract
with a governmental unit, or a subcontract or written
commitment for a subcontract under a contract with a
governmental unit, by falsely representing that the individual
or entity, or the individual or entity assisted, is a minority
owned business, female owned business, or business owned by a
person with a disability is guilty of a Class 2 felony,

HB4049 Enrolled - 1651 - LRB099 03667 KTG 23678 b
regardless of whether the preference for awarding the contract
to a minority owned business, female owned business, or
business owned by a person with a disability was established by
statute or by local ordinance or resolution.
(c) In addition to any other penalties authorized by law,
the court shall order that an individual or entity convicted of
a violation of this Section must pay to the governmental unit
that awarded the contract a penalty equal to one and one-half
times the amount of the contract obtained because of the false
representation.
(Source: P.A. 96-1551, eff. 7-1-11; incorporates 97-227, eff.
1-1-12, and 97-396, eff. 1-1-12; 97-1109, eff. 1-1-13.)
(720 ILCS 5/18-1) (from Ch. 38, par. 18-1)
Sec. 18-1. Robbery; aggravated robbery.
(a) Robbery. A person commits robbery when he or she
knowingly takes property, except a motor vehicle covered by
Section 18-3 or 18-4, from the person or presence of another by
the use of force or by threatening the imminent use of force.
(b) Aggravated robbery.
(1) A person commits aggravated robbery when he or she
violates subsection (a) while indicating verbally or by his
or her actions to the victim that he or she is presently
armed with a firearm or other dangerous weapon, including a
knife, club, ax, or bludgeon. This offense shall be
applicable even though it is later determined that he or

HB4049 Enrolled - 1652 - LRB099 03667 KTG 23678 b
she had no firearm or other dangerous weapon, including a
knife, club, ax, or bludgeon, in his or her possession when
he or she committed the robbery.
(2) A person commits aggravated robbery when he or she
knowingly takes property from the person or presence of
another by delivering (by injection, inhalation,
ingestion, transfer of possession, or any other means) to
the victim without his or her consent, or by threat or
deception, and for other than medical purposes, any
controlled substance.
(c) Sentence.
Robbery is a Class 2 felony, unless the victim is 60 years
of age or over or is a person with a physical disability
physically handicapped person, or the robbery is committed in a
school, day care center, day care home, group day care home, or
part day child care facility, or place of worship, in which
case robbery is a Class 1 felony. Aggravated robbery is a Class
1 felony.
(d) Regarding penalties prescribed in subsection (c) for
violations committed in a day care center, day care home, group
day care home, or part day child care facility, the time of
day, time of year, and whether children under 18 years of age
were present in the day care center, day care home, group day
care home, or part day child care facility are irrelevant.
(Source: P.A. 96-556, eff. 1-1-10; 97-1108, eff. 1-1-13.)

HB4049 Enrolled - 1653 - LRB099 03667 KTG 23678 b
(720 ILCS 5/18-4)
Sec. 18-4. Aggravated vehicular hijacking.
(a) A person commits aggravated vehicular hijacking when he
or she violates Section 18-3; and
(1) the person from whose immediate presence the motor
vehicle is taken is a person with a physical disability
physically handicapped person or a person 60 years of age
or over; or
(2) a person under 16 years of age is a passenger in
the motor vehicle at the time of the offense; or
(3) he or she carries on or about his or her person, or
is otherwise armed with a dangerous weapon, other than a
firearm; or
(4) he or she carries on or about his or her person or
is otherwise armed with a firearm; or
(5) he or she, during the commission of the offense,
personally discharges a firearm; or
(6) he or she, during the commission of the offense,
personally discharges a firearm that proximately causes
great bodily harm, permanent disability, permanent
disfigurement, or death to another person.
(b) Sentence. Aggravated vehicular hijacking in violation
of subsections (a)(1) or (a)(2) is a Class X felony. A
violation of subsection (a)(3) is a Class X felony for which a
term of imprisonment of not less than 7 years shall be imposed.
A violation of subsection (a)(4) is a Class X felony for which

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15 years shall be added to the term of imprisonment imposed by
the court. A violation of subsection (a)(5) is a Class X felony
for which 20 years shall be added to the term of imprisonment
imposed by the court. A violation of subsection (a)(6) is a
Class X felony for which 25 years or up to a term of natural
life shall be added to the term of imprisonment imposed by the
court.
(Source: P.A. 97-1108, eff. 1-1-13.)
(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
Sec. 24-3. Unlawful sale or delivery of firearms.
(A) A person commits the offense of unlawful sale or
delivery of firearms when he or she knowingly does any of the
following:
(a) Sells or gives any firearm of a size which may be
concealed upon the person to any person under 18 years of
age.
(b) Sells or gives any firearm to a person under 21
years of age who has been convicted of a misdemeanor other
than a traffic offense or adjudged delinquent.
(c) Sells or gives any firearm to any narcotic addict.
(d) Sells or gives any firearm to any person who has
been convicted of a felony under the laws of this or any
other jurisdiction.
(e) Sells or gives any firearm to any person who has
been a patient in a mental institution within the past 5

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years. In this subsection (e):
"Mental institution" means any hospital,
institution, clinic, evaluation facility, mental
health center, or part thereof, which is used primarily
for the care or treatment of persons with mental
illness.
"Patient in a mental institution" means the person
was admitted, either voluntarily or involuntarily, to
a mental institution for mental health treatment,
unless the treatment was voluntary and solely for an
alcohol abuse disorder and no other secondary
substance abuse disorder or mental illness.
(f) Sells or gives any firearms to any person who is a
person with an intellectual disability intellectually
disabled.
(g) Delivers any firearm of a size which may be
concealed upon the person, incidental to a sale, without
withholding delivery of such firearm for at least 72 hours
after application for its purchase has been made, or
delivers any rifle, shotgun or other long gun, or a stun
gun or taser, incidental to a sale, without withholding
delivery of such rifle, shotgun or other long gun, or a
stun gun or taser for at least 24 hours after application
for its purchase has been made. However, this paragraph (g)
does not apply to: (1) the sale of a firearm to a law
enforcement officer if the seller of the firearm knows that

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the person to whom he or she is selling the firearm is a
law enforcement officer or the sale of a firearm to a
person who desires to purchase a firearm for use in
promoting the public interest incident to his or her
employment as a bank guard, armed truck guard, or other
similar employment; (2) a mail order sale of a firearm to a
nonresident of Illinois under which the firearm is mailed
to a point outside the boundaries of Illinois; (3) the sale
of a firearm to a nonresident of Illinois while at a
firearm showing or display recognized by the Illinois
Department of State Police; or (4) the sale of a firearm to
a dealer licensed as a federal firearms dealer under
Section 923 of the federal Gun Control Act of 1968 (18
U.S.C. 923). For purposes of this paragraph (g),
"application" means when the buyer and seller reach an
agreement to purchase a firearm.
(h) While holding any license as a dealer, importer,
manufacturer or pawnbroker under the federal Gun Control
Act of 1968, manufactures, sells or delivers to any
unlicensed person a handgun having a barrel, slide, frame
or receiver which is a die casting of zinc alloy or any
other nonhomogeneous metal which will melt or deform at a
temperature of less than 800 degrees Fahrenheit. For
purposes of this paragraph, (1) "firearm" is defined as in
the Firearm Owners Identification Card Act; and (2)
"handgun" is defined as a firearm designed to be held and

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fired by the use of a single hand, and includes a
combination of parts from which such a firearm can be
assembled.
(i) Sells or gives a firearm of any size to any person
under 18 years of age who does not possess a valid Firearm
Owner's Identification Card.
(j) Sells or gives a firearm while engaged in the
business of selling firearms at wholesale or retail without
being licensed as a federal firearms dealer under Section
923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
In this paragraph (j):
A person "engaged in the business" means a person who
devotes time, attention, and labor to engaging in the
activity as a regular course of trade or business with the
principal objective of livelihood and profit, but does not
include a person who makes occasional repairs of firearms
or who occasionally fits special barrels, stocks, or
trigger mechanisms to firearms.
"With the principal objective of livelihood and
profit" means that the intent underlying the sale or
disposition of firearms is predominantly one of obtaining
livelihood and pecuniary gain, as opposed to other intents,
such as improving or liquidating a personal firearms
collection; however, proof of profit shall not be required
as to a person who engages in the regular and repetitive
purchase and disposition of firearms for criminal purposes

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or terrorism.
(k) Sells or transfers ownership of a firearm to a
person who does not display to the seller or transferor of
the firearm a currently valid Firearm Owner's
Identification Card that has previously been issued in the
transferee's name by the Department of State Police under
the provisions of the Firearm Owners Identification Card
Act. This paragraph (k) does not apply to the transfer of a
firearm to a person who is exempt from the requirement of
possessing a Firearm Owner's Identification Card under
Section 2 of the Firearm Owners Identification Card Act.
For the purposes of this Section, a currently valid Firearm
Owner's Identification Card means (i) a Firearm Owner's
Identification Card that has not expired or (ii) an
approval number issued in accordance with subsection
(a-10) of subsection 3 or Section 3.1 of the Firearm Owners
Identification Card Act shall be proof that the Firearm
Owner's Identification Card was valid.
(1) In addition to the other requirements of this
paragraph (k), all persons who are not federally
licensed firearms dealers must also have complied with
subsection (a-10) of Section 3 of the Firearm Owners
Identification Card Act by determining the validity of
a purchaser's Firearm Owner's Identification Card.
(2) All sellers or transferors who have complied
with the requirements of subparagraph (1) of this

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paragraph (k) shall not be liable for damages in any
civil action arising from the use or misuse by the
transferee of the firearm transferred, except for
willful or wanton misconduct on the part of the seller
or transferor.
(l) Not being entitled to the possession of a firearm,
delivers the firearm, knowing it to have been stolen or
converted. It may be inferred that a person who possesses a
firearm with knowledge that its serial number has been
removed or altered has knowledge that the firearm is stolen
or converted.
(B) Paragraph (h) of subsection (A) does not include
firearms sold within 6 months after enactment of Public Act
78-355 (approved August 21, 1973, effective October 1, 1973),
nor is any firearm legally owned or possessed by any citizen or
purchased by any citizen within 6 months after the enactment of
Public Act 78-355 subject to confiscation or seizure under the
provisions of that Public Act. Nothing in Public Act 78-355
shall be construed to prohibit the gift or trade of any firearm
if that firearm was legally held or acquired within 6 months
after the enactment of that Public Act.
(C) Sentence.
(1) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (c), (e), (f), (g),
or (h) of subsection (A) commits a Class 4 felony.
(2) Any person convicted of unlawful sale or delivery

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of firearms in violation of paragraph (b) or (i) of
subsection (A) commits a Class 3 felony.
(3) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a) of subsection (A)
commits a Class 2 felony.
(4) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a), (b), or (i) of
subsection (A) in any school, on the real property
comprising a school, within 1,000 feet of the real property
comprising a school, at a school related activity, or on or
within 1,000 feet of any conveyance owned, leased, or
contracted by a school or school district to transport
students to or from school or a school related activity,
regardless of the time of day or time of year at which the
offense was committed, commits a Class 1 felony. Any person
convicted of a second or subsequent violation of unlawful
sale or delivery of firearms in violation of paragraph (a),
(b), or (i) of subsection (A) in any school, on the real
property comprising a school, within 1,000 feet of the real
property comprising a school, at a school related activity,
or on or within 1,000 feet of any conveyance owned, leased,
or contracted by a school or school district to transport
students to or from school or a school related activity,
regardless of the time of day or time of year at which the
offense was committed, commits a Class 1 felony for which
the sentence shall be a term of imprisonment of no less

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than 5 years and no more than 15 years.
(5) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a) or (i) of
subsection (A) in residential property owned, operated, or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, in a public park, in a courthouse, on
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development, on
the real property comprising any public park, on the real
property comprising any courthouse, or on any public way
within 1,000 feet of the real property comprising any
public park, courthouse, or residential property owned,
operated, or managed by a public housing agency or leased
by a public housing agency as part of a scattered site or
mixed-income development commits a Class 2 felony.
(6) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (j) of subsection (A)
commits a Class A misdemeanor. A second or subsequent
violation is a Class 4 felony.
(7) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (k) of subsection (A)
commits a Class 4 felony, except that a violation of
subparagraph (1) of paragraph (k) of subsection (A) shall
not be punishable as a crime or petty offense. A third or

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subsequent conviction for a violation of paragraph (k) of
subsection (A) is a Class 1 felony.
(8) A person 18 years of age or older convicted of
unlawful sale or delivery of firearms in violation of
paragraph (a) or (i) of subsection (A), when the firearm
that was sold or given to another person under 18 years of
age was used in the commission of or attempt to commit a
forcible felony, shall be fined or imprisoned, or both, not
to exceed the maximum provided for the most serious
forcible felony so committed or attempted by the person
under 18 years of age who was sold or given the firearm.
(9) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (d) of subsection (A)
commits a Class 3 felony.
(10) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (l) of subsection (A)
commits a Class 2 felony if the delivery is of one firearm.
Any person convicted of unlawful sale or delivery of
firearms in violation of paragraph (l) of subsection (A)
commits a Class 1 felony if the delivery is of not less
than 2 and not more than 5 firearms at the same time or
within a one year period. Any person convicted of unlawful
sale or delivery of firearms in violation of paragraph (l)
of subsection (A) commits a Class X felony for which he or
she shall be sentenced to a term of imprisonment of not
less than 6 years and not more than 30 years if the

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delivery is of not less than 6 and not more than 10
firearms at the same time or within a 2 year period. Any
person convicted of unlawful sale or delivery of firearms
in violation of paragraph (l) of subsection (A) commits a
Class X felony for which he or she shall be sentenced to a
term of imprisonment of not less than 6 years and not more
than 40 years if the delivery is of not less than 11 and
not more than 20 firearms at the same time or within a 3
year period. Any person convicted of unlawful sale or
delivery of firearms in violation of paragraph (l) of
subsection (A) commits a Class X felony for which he or she
shall be sentenced to a term of imprisonment of not less
than 6 years and not more than 50 years if the delivery is
of not less than 21 and not more than 30 firearms at the
same time or within a 4 year period. Any person convicted
of unlawful sale or delivery of firearms in violation of
paragraph (l) of subsection (A) commits a Class X felony
for which he or she shall be sentenced to a term of
imprisonment of not less than 6 years and not more than 60
years if the delivery is of 31 or more firearms at the same
time or within a 5 year period.
(D) For purposes of this Section:
"School" means a public or private elementary or secondary
school, community college, college, or university.
"School related activity" means any sporting, social,
academic, or other activity for which students' attendance or

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participation is sponsored, organized, or funded in whole or in
part by a school or school district.
(E) A prosecution for a violation of paragraph (k) of
subsection (A) of this Section may be commenced within 6 years
after the commission of the offense. A prosecution for a
violation of this Section other than paragraph (g) of
subsection (A) of this Section may be commenced within 5 years
after the commission of the offense defined in the particular
paragraph.
(Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813,
eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)
(720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
Sec. 24-3.1. Unlawful possession of firearms and firearm
ammunition.
(a) A person commits the offense of unlawful possession of
firearms or firearm ammunition when:
(1) He is under 18 years of age and has in his
possession any firearm of a size which may be concealed
upon the person; or
(2) He is under 21 years of age, has been convicted of
a misdemeanor other than a traffic offense or adjudged
delinquent and has any firearms or firearm ammunition in
his possession; or
(3) He is a narcotic addict and has any firearms or
firearm ammunition in his possession; or

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(4) He has been a patient in a mental institution
within the past 5 years and has any firearms or firearm
ammunition in his possession. For purposes of this
paragraph (4):
"Mental institution" means any hospital,
institution, clinic, evaluation facility, mental
health center, or part thereof, which is used primarily
for the care or treatment of persons with mental
illness.
"Patient in a mental institution" means the person
was admitted, either voluntarily or involuntarily, to
a mental institution for mental health treatment,
unless the treatment was voluntary and solely for an
alcohol abuse disorder and no other secondary
substance abuse disorder or mental illness; or
(5) He is a person with an intellectual disability
intellectually disabled and has any firearms or firearm
ammunition in his possession; or
(6) He has in his possession any explosive bullet.
For purposes of this paragraph "explosive bullet" means the
projectile portion of an ammunition cartridge which contains or
carries an explosive charge which will explode upon contact
with the flesh of a human or an animal. "Cartridge" means a
tubular metal case having a projectile affixed at the front
thereof and a cap or primer at the rear end thereof, with the
propellant contained in such tube between the projectile and

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the cap.
(b) Sentence.
Unlawful possession of firearms, other than handguns, and
firearm ammunition is a Class A misdemeanor. Unlawful
possession of handguns is a Class 4 felony. The possession of
each firearm or firearm ammunition in violation of this Section
constitutes a single and separate violation.
(c) Nothing in paragraph (1) of subsection (a) of this
Section prohibits a person under 18 years of age from
participating in any lawful recreational activity with a
firearm such as, but not limited to, practice shooting at
targets upon established public or private target ranges or
hunting, trapping, or fishing in accordance with the Wildlife
Code or the Fish and Aquatic Life Code.
(Source: P.A. 97-227, eff. 1-1-12; 97-1167, eff. 6-1-13.)
(720 ILCS 5/48-10)
Sec. 48-10. Dangerous animals.
(a) Definitions. As used in this Section, unless the
context otherwise requires:
"Dangerous animal" means a lion, tiger, leopard,
ocelot, jaguar, cheetah, margay, mountain lion, lynx,
bobcat, jaguarundi, bear, hyena, wolf or coyote. Dangerous
animal does not mean any herptiles included in the
Herptiles-Herps Act.
"Owner" means any person who (1) has a right of

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property in a dangerous animal or primate, (2) keeps or
harbors a dangerous animal or primate, (3) has a dangerous
animal or primate in his or her care, or (4) acts as
custodian of a dangerous animal or primate.
"Person" means any individual, firm, association,
partnership, corporation, or other legal entity, any
public or private institution, the State, or any municipal
corporation or political subdivision of the State.
"Primate" means a nonhuman member of the order primate,
including but not limited to chimpanzee, gorilla,
orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye,
and tarsier.
(b) Dangerous animal or primate offense. No person shall
have a right of property in, keep, harbor, care for, act as
custodian of or maintain in his or her possession any dangerous
animal or primate except at a properly maintained zoological
park, federally licensed exhibit, circus, college or
university, scientific institution, research laboratory,
veterinary hospital, hound running area, or animal refuge in an
escape-proof enclosure.
(c) Exemptions.
(1) This Section does not prohibit a person who had
lawful possession of a primate before January 1, 2011, from
continuing to possess that primate if the person registers
the animal by providing written notification to the local
animal control administrator on or before April 1, 2011.

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The notification shall include:
(A) the person's name, address, and telephone
number; and
(B) the type of primate, the age, a photograph, a
description of any tattoo, microchip, or other
identifying information, and a list of current
inoculations.
(2) This Section does not prohibit a person who has a
permanent disability is permanently disabled with a severe
mobility impairment from possessing a single capuchin
monkey to assist the person in performing daily tasks if:
(A) the capuchin monkey was obtained from and
trained at a licensed nonprofit organization described
in Section 501(c)(3) of the Internal Revenue Code of
1986, the nonprofit tax status of which was obtained on
the basis of a mission to improve the quality of life
of severely mobility-impaired individuals; and
(B) the person complies with the notification
requirements as described in paragraph (1) of this
subsection (c).
(d) A person who registers a primate shall notify the local
animal control administrator within 30 days of a change of
address. If the person moves to another locality within the
State, the person shall register the primate with the new local
animal control administrator within 30 days of moving by
providing written notification as provided in paragraph (1) of

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subsection (c) and shall include proof of the prior
registration.
(e) A person who registers a primate shall notify the local
animal control administrator immediately if the primate dies,
escapes, or bites, scratches, or injures a person.
(f) It is no defense to a violation of subsection (b) that
the person violating subsection (b) has attempted to
domesticate the dangerous animal. If there appears to be
imminent danger to the public, any dangerous animal found not
in compliance with the provisions of this Section shall be
subject to seizure and may immediately be placed in an approved
facility. Upon the conviction of a person for a violation of
subsection (b), the animal with regard to which the conviction
was obtained shall be confiscated and placed in an approved
facility, with the owner responsible for all costs connected
with the seizure and confiscation of the animal. Approved
facilities include, but are not limited to, a zoological park,
federally licensed exhibit, humane society, veterinary
hospital or animal refuge.
(g) Sentence. Any person violating this Section is guilty
of a Class C misdemeanor. Any corporation or partnership, any
officer, director, manager or managerial agent of the
partnership or corporation who violates this Section or causes
the partnership or corporation to violate this Section is
guilty of a Class C misdemeanor. Each day of violation
constitutes a separate offense.

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(Source: P.A. 97-1108, eff. 1-1-13; 98-752, eff. 1-1-15.)
Section 885. The Discrimination in Sale of Real Estate Act
is amended by changing Section 1 as follows:
(720 ILCS 590/1) (from Ch. 38, par. 70-51)
Sec. 1. Inducements to sell or purchase by reason of race,
color, religion, national origin, ancestry, creed, physical or
mental disability handicap, or sex - Prohibition of
Solicitation.
It shall be unlawful for any person or corporation
knowingly:
(a) To solicit for sale, lease, listing or purchase any
residential real estate within the State of Illinois, on the
grounds of loss of value due to the present or prospective
entry into the vicinity of the property involved of any person
or persons of any particular race, color, religion, national
origin, ancestry, creed, physical or mental disability
handicap, or sex.
(b) To distribute or cause to be distributed, written
material or statements designed to induce any owner of
residential real estate in the State of Illinois to sell or
lease his or her property because of any present or prospective
changes in the race, color, religion, national origin,
ancestry, creed, physical or mental disability handicap, or
sex, of residents in the vicinity of the property involved.

HB4049 Enrolled - 1671 - LRB099 03667 KTG 23678 b
(c) To intentionally create alarm, among residents of any
community, by transmitting in any manner including a telephone
call whether or not conversation thereby ensues, with a design
to induce any owner of residential real estate in the State of
Illinois to sell or lease his or her property because of any
present or prospective entry into the vicinity of the property
involved of any person or persons of any particular race,
color, religion, national origin, ancestry, creed, physical or
mental disability handicap, or sex.
(d) To solicit any owner of residential property to sell or
list such residential property at any time after such person or
corporation has notice that such owner does not desire to sell
such residential property. For the purpose of this subsection,
notice must be provided as follows:
(1) The notice may be given by the owner personally or by a
third party in the owner's name, either in the form of an
individual notice or a list, provided it complies with this
subsection.
(2) Such notice shall be explicit as to whether each owner
on the notice seeks to avoid both solicitation for listing and
sale, or only for listing, or only for sale, as well as the
period of time for which any avoidance is desired. The notice
shall be dated and either of the following shall apply: (A)
each owner shall have signed the notice or (B) the person or
entity preparing the notice shall provide an accompanying
affidavit to the effect that all the names on the notice are,

HB4049 Enrolled - 1672 - LRB099 03667 KTG 23678 b
in fact, genuine as to the identity of the persons listed and
that such persons have requested not to be solicited as
indicated.
(3) The individual notice, or notice in the form of a list
with the accompanying affidavit, shall be served personally or
by certified or registered mail, return receipt requested.
(Source: P.A. 80-338; 80-920; 80-1364.)
Section 890. The Code of Criminal Procedure of 1963 is
amended by changing Section 102-23 and the heading of Article
106B and Sections 106B-5, 110-5, 114-15, 115-10, and 122-2.2 as
follows:
(725 ILCS 5/102-23)
Sec. 102-23. "Person with a moderate intellectual
disability Moderately intellectually disabled person" means a
person whose intelligence quotient is between 41 and 55 and who
does not suffer from significant mental illness to the extent
that the person's ability to exercise rational judgment is
impaired.
(Source: P.A. 97-227, eff. 1-1-12.)
(725 ILCS 5/Art. 106B heading)
ARTICLE 106B. VICTIMS OF SEXUAL ABUSE: CHILDREN AND PERSONS
WITH DEVELOPMENTAL DISABILITIES CHILD AND DEVELOPMENTALLY
DISABLED VICTIMS OF SEXUAL ABUSE

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(Source: P.A. 95-897, eff. 1-1-09.)
(725 ILCS 5/106B-5)
Sec. 106B-5. Testimony by a victim who is a child or a
person with a moderate, severe, or profound intellectual
disability moderately, severely, or profoundly intellectually
disabled person or a person affected by a developmental
disability.
(a) In a proceeding in the prosecution of an offense of
criminal sexual assault, predatory criminal sexual assault of a
child, aggravated criminal sexual assault, criminal sexual
abuse, or aggravated criminal sexual abuse, a court may order
that the testimony of a victim who is a child under the age of
18 years or a person with a moderate, severe, or profound
intellectual disability moderately, severely, or profoundly
intellectually disabled person or a person affected by a
developmental disability be taken outside the courtroom and
shown in the courtroom by means of a closed circuit television
if:
(1) the testimony is taken during the proceeding; and
(2) the judge determines that testimony by the child
victim or victim with a moderate, severe, or profound
intellectual disability moderately, severely, or
profoundly intellectually disabled victim or victim
affected by a developmental disability in the courtroom
will result in the child or person with a moderate, severe,

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or profound intellectual disability moderately, severely,
or profoundly intellectually disabled person or person
affected by a developmental disability suffering serious
emotional distress such that the child or person with a
moderate, severe, or profound intellectual disability
moderately, severely, or profoundly intellectually
disabled person or person affected by a developmental
disability cannot reasonably communicate or that the child
or person with a moderate, severe, or profound intellectual
disability moderately, severely, or profoundly
intellectually disabled person or person affected by a
developmental disability will suffer severe emotional
distress that is likely to cause the child or person with a
moderate, severe, or profound intellectual disability
moderately, severely, or profoundly intellectually
disabled person or person affected by a developmental
disability to suffer severe adverse effects.
(b) Only the prosecuting attorney, the attorney for the
defendant, and the judge may question the child or person with
a moderate, severe, or profound intellectual disability
moderately, severely, or profoundly intellectually disabled
person or person affected by a developmental disability.
(c) The operators of the closed circuit television shall
make every effort to be unobtrusive.
(d) Only the following persons may be in the room with the
child or person with a moderate, severe, or profound

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intellectual disability moderately, severely, or profoundly
intellectually disabled person or person affected by a
developmental disability when the child or person with a
moderate, severe, or profound intellectual disability
moderately, severely, or profoundly intellectually disabled
person or person affected by a developmental disability
testifies by closed circuit television:
(1) the prosecuting attorney;
(2) the attorney for the defendant;
(3) the judge;
(4) the operators of the closed circuit television
equipment; and
(5) any person or persons whose presence, in the
opinion of the court, contributes to the well-being of the
child or person with a moderate, severe, or profound
intellectual disability moderately, severely, or
profoundly intellectually disabled person or person
affected by a developmental disability, including a person
who has dealt with the child in a therapeutic setting
concerning the abuse, a parent or guardian of the child or
person with a moderate, severe, or profound intellectual
disability moderately, severely, or profoundly
intellectually disabled person or person affected by a
developmental disability, and court security personnel.
(e) During the child's or person with a moderate, severe,
or profound intellectual disability moderately, severely, or

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profoundly intellectually disabled person's or person affected
by a developmental disability's testimony by closed circuit
television, the defendant shall be in the courtroom and shall
not communicate with the jury if the cause is being heard
before a jury.
(f) The defendant shall be allowed to communicate with the
persons in the room where the child or person with a moderate,
severe, or profound intellectual disability moderately,
severely, or profoundly intellectually disabled person or
person affected by a developmental disability is testifying by
any appropriate electronic method.
(g) The provisions of this Section do not apply if the
defendant represents himself pro se.
(h) This Section may not be interpreted to preclude, for
purposes of identification of a defendant, the presence of both
the victim and the defendant in the courtroom at the same time.
(i) This Section applies to prosecutions pending on or
commenced on or after the effective date of this amendatory Act
of 1994.
(j) For the purposes of this Section, "developmental
disability" includes, but is not limited to, cerebral palsy,
epilepsy, and autism.
(Source: P.A. 97-227, eff. 1-1-12.)
(725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
Sec. 110-5. Determining the amount of bail and conditions

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of release.
(a) In determining the amount of monetary bail or
conditions of release, if any, which will reasonably assure the
appearance of a defendant as required or the safety of any
other person or the community and the likelihood of compliance
by the defendant with all the conditions of bail, the court
shall, on the basis of available information, take into account
such matters as the nature and circumstances of the offense
charged, whether the evidence shows that as part of the offense
there was a use of violence or threatened use of violence,
whether the offense involved corruption of public officials or
employees, whether there was physical harm or threats of
physical harm to any public official, public employee, judge,
prosecutor, juror or witness, senior citizen, child, or person
with a disability handicapped person, whether evidence shows
that during the offense or during the arrest the defendant
possessed or used a firearm, machine gun, explosive or metal
piercing ammunition or explosive bomb device or any military or
paramilitary armament, whether the evidence shows that the
offense committed was related to or in furtherance of the
criminal activities of an organized gang or was motivated by
the defendant's membership in or allegiance to an organized
gang, the condition of the victim, any written statement
submitted by the victim or proffer or representation by the
State regarding the impact which the alleged criminal conduct
has had on the victim and the victim's concern, if any, with

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further contact with the defendant if released on bail, whether
the offense was based on racial, religious, sexual orientation
or ethnic hatred, the likelihood of the filing of a greater
charge, the likelihood of conviction, the sentence applicable
upon conviction, the weight of the evidence against such
defendant, whether there exists motivation or ability to flee,
whether there is any verification as to prior residence,
education, or family ties in the local jurisdiction, in another
county, state or foreign country, the defendant's employment,
financial resources, character and mental condition, past
conduct, prior use of alias names or dates of birth, and length
of residence in the community, the consent of the defendant to
periodic drug testing in accordance with Section 110-6.5,
whether a foreign national defendant is lawfully admitted in
the United States of America, whether the government of the
foreign national maintains an extradition treaty with the
United States by which the foreign government will extradite to
the United States its national for a trial for a crime
allegedly committed in the United States, whether the defendant
is currently subject to deportation or exclusion under the
immigration laws of the United States, whether the defendant,
although a United States citizen, is considered under the law
of any foreign state a national of that state for the purposes
of extradition or non-extradition to the United States, the
amount of unrecovered proceeds lost as a result of the alleged
offense, the source of bail funds tendered or sought to be

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tendered for bail, whether from the totality of the court's
consideration, the loss of funds posted or sought to be posted
for bail will not deter the defendant from flight, whether the
evidence shows that the defendant is engaged in significant
possession, manufacture, or delivery of a controlled substance
or cannabis, either individually or in consort with others,
whether at the time of the offense charged he or she was on
bond or pre-trial release pending trial, probation, periodic
imprisonment or conditional discharge pursuant to this Code or
the comparable Code of any other state or federal jurisdiction,
whether the defendant is on bond or pre-trial release pending
the imposition or execution of sentence or appeal of sentence
for any offense under the laws of Illinois or any other state
or federal jurisdiction, whether the defendant is under parole,
aftercare release, mandatory supervised release, or work
release from the Illinois Department of Corrections or Illinois
Department of Juvenile Justice or any penal institution or
corrections department of any state or federal jurisdiction,
the defendant's record of convictions, whether the defendant
has been convicted of a misdemeanor or ordinance offense in
Illinois or similar offense in other state or federal
jurisdiction within the 10 years preceding the current charge
or convicted of a felony in Illinois, whether the defendant was
convicted of an offense in another state or federal
jurisdiction that would be a felony if committed in Illinois
within the 20 years preceding the current charge or has been

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convicted of such felony and released from the penitentiary
within 20 years preceding the current charge if a penitentiary
sentence was imposed in Illinois or other state or federal
jurisdiction, the defendant's records of juvenile adjudication
of delinquency in any jurisdiction, any record of appearance or
failure to appear by the defendant at court proceedings,
whether there was flight to avoid arrest or prosecution,
whether the defendant escaped or attempted to escape to avoid
arrest, whether the defendant refused to identify himself or
herself, or whether there was a refusal by the defendant to be
fingerprinted as required by law. Information used by the court
in its findings or stated in or offered in connection with this
Section may be by way of proffer based upon reliable
information offered by the State or defendant. All evidence
shall be admissible if it is relevant and reliable regardless
of whether it would be admissible under the rules of evidence
applicable at criminal trials. If the State presents evidence
that the offense committed by the defendant was related to or
in furtherance of the criminal activities of an organized gang
or was motivated by the defendant's membership in or allegiance
to an organized gang, and if the court determines that the
evidence may be substantiated, the court shall prohibit the
defendant from associating with other members of the organized
gang as a condition of bail or release. For the purposes of
this Section, "organized gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus

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Prevention Act.
(b) The amount of bail shall be:
(1) Sufficient to assure compliance with the
conditions set forth in the bail bond, which shall include
the defendant's current address with a written
admonishment to the defendant that he or she must comply
with the provisions of Section 110-12 regarding any change
in his or her address. The defendant's address shall at all
times remain a matter of public record with the clerk of
the court.
(2) Not oppressive.
(3) Considerate of the financial ability of the
accused.
(4) When a person is charged with a drug related
offense involving possession or delivery of cannabis or
possession or delivery of a controlled substance as defined
in the Cannabis Control Act, the Illinois Controlled
Substances Act, or the Methamphetamine Control and
Community Protection Act, the full street value of the
drugs seized shall be considered. "Street value" shall be
determined by the court on the basis of a proffer by the
State based upon reliable information of a law enforcement
official contained in a written report as to the amount
seized and such proffer may be used by the court as to the
current street value of the smallest unit of the drug
seized.

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(b-5) Upon the filing of a written request demonstrating
reasonable cause, the State's Attorney may request a source of
bail hearing either before or after the posting of any funds.
If the hearing is granted, before the posting of any bail, the
accused must file a written notice requesting that the court
conduct a source of bail hearing. The notice must be
accompanied by justifying affidavits stating the legitimate
and lawful source of funds for bail. At the hearing, the court
shall inquire into any matters stated in any justifying
affidavits, and may also inquire into matters appropriate to
the determination which shall include, but are not limited to,
the following:
(1) the background, character, reputation, and
relationship to the accused of any surety; and
(2) the source of any money or property deposited by
any surety, and whether any such money or property
constitutes the fruits of criminal or unlawful conduct; and
(3) the source of any money posted as cash bail, and
whether any such money constitutes the fruits of criminal
or unlawful conduct; and
(4) the background, character, reputation, and
relationship to the accused of the person posting cash
bail.
Upon setting the hearing, the court shall examine, under
oath, any persons who may possess material information.
The State's Attorney has a right to attend the hearing, to

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call witnesses and to examine any witness in the proceeding.
The court shall, upon request of the State's Attorney, continue
the proceedings for a reasonable period to allow the State's
Attorney to investigate the matter raised in any testimony or
affidavit. If the hearing is granted after the accused has
posted bail, the court shall conduct a hearing consistent with
this subsection (b-5). At the conclusion of the hearing, the
court must issue an order either approving of disapproving the
bail.
(c) When a person is charged with an offense punishable by
fine only the amount of the bail shall not exceed double the
amount of the maximum penalty.
(d) When a person has been convicted of an offense and only
a fine has been imposed the amount of the bail shall not exceed
double the amount of the fine.
(e) The State may appeal any order granting bail or setting
a given amount for bail.
(f) When a person is charged with a violation of an order
of protection under Section 12-3.4 or 12-30 of the Criminal
Code of 1961 or the Criminal Code of 2012 or when a person is
charged with domestic battery, aggravated domestic battery,
kidnapping, aggravated kidnaping, unlawful restraint,
aggravated unlawful restraint, stalking, aggravated stalking,
cyberstalking, harassment by telephone, harassment through
electronic communications, or an attempt to commit first degree
murder committed against an intimate partner regardless

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whether an order of protection has been issued against the
person,
(1) whether the alleged incident involved harassment
or abuse, as defined in the Illinois Domestic Violence Act
of 1986;
(2) whether the person has a history of domestic
violence, as defined in the Illinois Domestic Violence Act,
or a history of other criminal acts;
(3) based on the mental health of the person;
(4) whether the person has a history of violating the
orders of any court or governmental entity;
(5) whether the person has been, or is, potentially a
threat to any other person;
(6) whether the person has access to deadly weapons or
a history of using deadly weapons;
(7) whether the person has a history of abusing alcohol
or any controlled substance;
(8) based on the severity of the alleged incident that
is the basis of the alleged offense, including, but not
limited to, the duration of the current incident, and
whether the alleged incident involved the use of a weapon,
physical injury, sexual assault, strangulation, abuse
during the alleged victim's pregnancy, abuse of pets, or
forcible entry to gain access to the alleged victim;
(9) whether a separation of the person from the alleged
victim or a termination of the relationship between the

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person and the alleged victim has recently occurred or is
pending;
(10) whether the person has exhibited obsessive or
controlling behaviors toward the alleged victim,
including, but not limited to, stalking, surveillance, or
isolation of the alleged victim or victim's family member
or members;
(11) whether the person has expressed suicidal or
homicidal ideations;
(12) based on any information contained in the
complaint and any police reports, affidavits, or other
documents accompanying the complaint,
the court may, in its discretion, order the respondent to
undergo a risk assessment evaluation using a recognized,
evidence-based instrument conducted by an Illinois Department
of Human Services approved partner abuse intervention program
provider, pretrial service, probation, or parole agency. These
agencies shall have access to summaries of the defendant's
criminal history, which shall not include victim interviews or
information, for the risk evaluation. Based on the information
collected from the 12 points to be considered at a bail hearing
under this subsection (f), the results of any risk evaluation
conducted and the other circumstances of the violation, the
court may order that the person, as a condition of bail, be
placed under electronic surveillance as provided in Section
5-8A-7 of the Unified Code of Corrections. Upon making a

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determination whether or not to order the respondent to undergo
a risk assessment evaluation or to be placed under electronic
surveillance and risk assessment, the court shall document in
the record the court's reasons for making those determinations.
The cost of the electronic surveillance and risk assessment
shall be paid by, or on behalf, of the defendant. As used in
this subsection (f), "intimate partner" means a spouse or a
current or former partner in a cohabitation or dating
relationship.
(Source: P.A. 97-1150, eff. 1-25-13; 98-558, eff. 1-1-14;
98-1012, eff. 1-1-15.)
(725 ILCS 5/114-15)
Sec. 114-15. Intellectual disability.
(a) In a first degree murder case in which the State seeks
the death penalty as an appropriate sentence, any party may
raise the issue of the defendant's intellectual disabilities by
motion. A defendant wishing to raise the issue of his or her
intellectual disabilities shall provide written notice to the
State and the court as soon as the defendant reasonably
believes such issue will be raised.
(b) The issue of the defendant's intellectual disabilities
shall be determined in a pretrial hearing. The court shall be
the fact finder on the issue of the defendant's intellectual
disabilities and shall determine the issue by a preponderance
of evidence in which the moving party has the burden of proof.

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The court may appoint an expert in the field of intellectual
disabilities. The defendant and the State may offer experts
from the field of intellectual disabilities. The court shall
determine admissibility of evidence and qualification as an
expert.
(c) If after a plea of guilty to first degree murder, or a
finding of guilty of first degree murder in a bench trial, or a
verdict of guilty for first degree murder in a jury trial, or
on a matter remanded from the Supreme Court for sentencing for
first degree murder, and the State seeks the death penalty as
an appropriate sentence, the defendant may raise the issue of
defendant's intellectual disabilities not at eligibility but
at aggravation and mitigation. The defendant and the State may
offer experts from the field of intellectual disabilities. The
court shall determine admissibility of evidence and
qualification as an expert.
(d) In determining whether the defendant is a person with
an intellectual disability intellectually disabled, the
intellectual disability must have manifested itself by the age
of 18. IQ tests and psychometric tests administered to the
defendant must be the kind and type recognized by experts in
the field of intellectual disabilities. In order for the
defendant to be considered a person with an intellectual
disability intellectually disabled, a low IQ must be
accompanied by significant deficits in adaptive behavior in at
least 2 of the following skill areas: communication, self-care,

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social or interpersonal skills, home living, self-direction,
academics, health and safety, use of community resources, and
work. An intelligence quotient (IQ) of 75 or below is
presumptive evidence of an intellectual disability.
(e) Evidence of an intellectual disability that did not
result in disqualifying the case as a capital case, may be
introduced as evidence in mitigation during a capital
sentencing hearing. A failure of the court to determine that
the defendant is a person with an intellectual disability
intellectually disabled does not preclude the court during
trial from allowing evidence relating to mental disability
should the court deem it appropriate.
(f) If the court determines at a pretrial hearing or after
remand that a capital defendant is a person with an
intellectual disability intellectually disabled, and the State
does not appeal pursuant to Supreme Court Rule 604, the case
shall no longer be considered a capital case and the procedural
guidelines established for capital cases shall no longer be
applicable to the defendant. In that case, the defendant shall
be sentenced under the sentencing provisions of Chapter V of
the Unified Code of Corrections.
(Source: P.A. 97-227, eff. 1-1-12.)
(725 ILCS 5/115-10) (from Ch. 38, par. 115-10)
Sec. 115-10. Certain hearsay exceptions.
(a) In a prosecution for a physical or sexual act

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perpetrated upon or against a child under the age of 13, or a
person who was a person with a moderate, severe, or profound
intellectual disability moderately, severely, or profoundly
intellectually disabled person as defined in this Code and in
Section 2-10.1 of the Criminal Code of 1961 or the Criminal
Code of 2012 at the time the act was committed, including but
not limited to prosecutions for violations of Sections 11-1.20
through 11-1.60 or 12-13 through 12-16 of the Criminal Code of
1961 or the Criminal Code of 2012 and prosecutions for
violations of Sections 10-1 (kidnapping), 10-2 (aggravated
kidnapping), 10-3 (unlawful restraint), 10-3.1 (aggravated
unlawful restraint), 10-4 (forcible detention), 10-5 (child
abduction), 10-6 (harboring a runaway), 10-7 (aiding or
abetting child abduction), 11-9 (public indecency), 11-11
(sexual relations within families), 11-21 (harmful material),
12-1 (assault), 12-2 (aggravated assault), 12-3 (battery),
12-3.2 (domestic battery), 12-3.3 (aggravated domestic
battery), 12-3.05 or 12-4 (aggravated battery), 12-4.1
(heinous battery), 12-4.2 (aggravated battery with a firearm),
12-4.3 (aggravated battery of a child), 12-4.7 (drug induced
infliction of great bodily harm), 12-5 (reckless conduct), 12-6
(intimidation), 12-6.1 or 12-6.5 (compelling organization
membership of persons), 12-7.1 (hate crime), 12-7.3
(stalking), 12-7.4 (aggravated stalking), 12-10 or 12C-35
(tattooing the body of a minor), 12-11 or 19-6 (home invasion),
12-21.5 or 12C-10 (child abandonment), 12-21.6 or 12C-5

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(endangering the life or health of a child) or 12-32 (ritual
mutilation) of the Criminal Code of 1961 or the Criminal Code
of 2012 or any sex offense as defined in subsection (B) of
Section 2 of the Sex Offender Registration Act, the following
evidence shall be admitted as an exception to the hearsay rule:
(1) testimony by the victim of an out of court
statement made by the victim that he or she complained of
such act to another; and
(2) testimony of an out of court statement made by the
victim describing any complaint of such act or matter or
detail pertaining to any act which is an element of an
offense which is the subject of a prosecution for a sexual
or physical act against that victim.
(b) Such testimony shall only be admitted if:
(1) The court finds in a hearing conducted outside the
presence of the jury that the time, content, and
circumstances of the statement provide sufficient
safeguards of reliability; and
(2) The child or person with a moderate, severe, or
profound intellectual disability moderately, severely, or
profoundly intellectually disabled person either:
(A) testifies at the proceeding; or
(B) is unavailable as a witness and there is
corroborative evidence of the act which is the subject
of the statement; and
(3) In a case involving an offense perpetrated against

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a child under the age of 13, the out of court statement was
made before the victim attained 13 years of age or within 3
months after the commission of the offense, whichever
occurs later, but the statement may be admitted regardless
of the age of the victim at the time of the proceeding.
(c) If a statement is admitted pursuant to this Section,
the court shall instruct the jury that it is for the jury to
determine the weight and credibility to be given the statement
and that, in making the determination, it shall consider the
age and maturity of the child, or the intellectual capabilities
of the person with a moderate, severe, or profound intellectual
disability moderately, severely, or profoundly intellectually
disabled person, the nature of the statement, the circumstances
under which the statement was made, and any other relevant
factor.
(d) The proponent of the statement shall give the adverse
party reasonable notice of his intention to offer the statement
and the particulars of the statement.
(e) Statements described in paragraphs (1) and (2) of
subsection (a) shall not be excluded on the basis that they
were obtained as a result of interviews conducted pursuant to a
protocol adopted by a Child Advocacy Advisory Board as set
forth in subsections (c), (d), and (e) of Section 3 of the
Children's Advocacy Center Act or that an interviewer or
witness to the interview was or is an employee, agent, or
investigator of a State's Attorney's office.

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(Source: P.A. 96-710, eff. 1-1-10; 96-1551, Article 1, Section
965, eff. 7-1-11; 96-1551, Article 2, Section 1040, eff.
7-1-11; 97-227, eff. 1-1-12; 97-1108, eff. 1-1-13; 97-1109,
eff. 1-1-13; 97-1150, eff. 1-25-13.)
(725 ILCS 5/122-2.2)
Sec. 122-2.2. Intellectual disability and post-conviction
relief.
(a) In cases where no determination of an intellectual
disability was made and a defendant has been convicted of
first-degree murder, sentenced to death, and is in custody
pending execution of the sentence of death, the following
procedures shall apply:
(1) Notwithstanding any other provision of law or rule
of court, a defendant may seek relief from the death
sentence through a petition for post-conviction relief
under this Article alleging that the defendant was a person
with an intellectual disability intellectually disabled as
defined in Section 114-15 at the time the offense was
alleged to have been committed.
(2) The petition must be filed within 180 days of the
effective date of this amendatory Act of the 93rd General
Assembly or within 180 days of the issuance of the mandate
by the Illinois Supreme Court setting the date of
execution, whichever is later.
(b) (3) All other provisions of this Article governing

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petitions for post-conviction relief shall apply to a petition
for post-conviction relief alleging an intellectual
disability.
(Source: P.A. 97-227, eff. 1-1-12; revised 12-10-14.)
Section 895. The Rights of Crime Victims and Witnesses Act
is amended by changing Section 3 as follows:
(725 ILCS 120/3) (from Ch. 38, par. 1403)
Sec. 3. The terms used in this Act, unless the context
clearly requires otherwise, shall have the following meanings:
(a) "Crime victim" and "victim" mean (1) a person
physically injured in this State as a result of a violent crime
perpetrated or attempted against that person or (2) a person
who suffers injury to or loss of property as a result of a
violent crime perpetrated or attempted against that person or
(3) a single representative who may be the spouse, parent,
child or sibling of a person killed as a result of a violent
crime perpetrated against the person killed or the spouse,
parent, child or sibling of any person granted rights under
this Act who is physically or mentally incapable of exercising
such rights, except where the spouse, parent, child or sibling
is also the defendant or prisoner or (4) any person against
whom a violent crime has been committed or (5) any person who
has suffered personal injury as a result of a violation of
Section 11-501 of the Illinois Vehicle Code, or of a similar

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provision of a local ordinance, or of Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012 or (6) in
proceedings under the Juvenile Court Act of 1987, both parents,
legal guardians, foster parents, or a single adult
representative of a minor or person with a disability disabled
person who is a crime victim.
(b) "Witness" means any person who personally observed the
commission of a violent crime and who will testify on behalf of
the State of Illinois in the criminal prosecution of the
violent crime.
(c) "Violent Crime" means any felony in which force or
threat of force was used against the victim, or any offense
involving sexual exploitation, sexual conduct or sexual
penetration, or a violation of Section 11-20.1, 11-20.1B, or
11-20.3 of the Criminal Code of 1961 or the Criminal Code of
2012, domestic battery, violation of an order of protection,
stalking, or any misdemeanor which results in death or great
bodily harm to the victim or any violation of Section 9-3 of
the Criminal Code of 1961 or the Criminal Code of 2012, or
Section 11-501 of the Illinois Vehicle Code, or a similar
provision of a local ordinance, if the violation resulted in
personal injury or death, and includes any action committed by
a juvenile that would be a violent crime if committed by an
adult. For the purposes of this paragraph, "personal injury"
shall include any Type A injury as indicated on the traffic
accident report completed by a law enforcement officer that

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requires immediate professional attention in either a doctor's
office or medical facility. A type A injury shall include
severely bleeding wounds, distorted extremities, and injuries
that require the injured party to be carried from the scene.
(d) "Sentencing Hearing" means any hearing where a sentence
is imposed by the court on a convicted defendant and includes
hearings conducted pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2
and 5-7-7 of the Unified Code of Corrections.
(e) "Court proceedings" includes the preliminary hearing,
any hearing the effect of which may be the release of the
defendant from custody or to alter the conditions of bond, the
trial, sentencing hearing, notice of appeal, any modification
of sentence, probation revocation hearings, aftercare release
or parole hearings.
(f) "Concerned citizen" includes relatives of the victim,
friends of the victim, witnesses to the crime, or any other
person associated with the victim or prisoner.
(Source: P.A. 97-572, eff. 1-1-12; 97-1150, eff. 1-25-13;
98-558, eff. 1-1-14.)
Section 900. The Sexually Violent Persons Commitment Act is
amended by changing Section 90 as follows:
(725 ILCS 207/90)
Sec. 90. Committed persons ability to pay for services.
Each person committed or detained under this Act who receives

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services provided directly or funded by the Department and the
estate of that person is liable for the payment of sums
representing charges for services to the person at a rate to be
determined by the Department. Services charges against that
person take effect on the date of admission or the effective
date of this Section. The Department in its rules may establish
a maximum rate for the cost of services. In the case of any
person who has received residential services from the
Department, whether directly from the Department or through a
public or private agency or entity funded by the Department,
the liability shall be the same regardless of the source of
services. When the person is placed in a facility outside the
Department, the facility shall collect reimbursement from the
person. The Department may supplement the contribution of the
person to private facilities after all other sources of income
have been utilized; however the supplement shall not exceed the
allowable rate under Title XVIII or Title XIX of the Federal
Social Security Act for those persons eligible for those
respective programs. The Department may pay the actual costs of
services or maintenance in the facility and may collect
reimbursement for the entire amount paid from the person or an
amount not to exceed the maximum. Lesser or greater amounts may
be accepted by the Department when conditions warrant that
action or when offered by persons not liable under this Act.
Nothing in this Section shall preclude the Department from
applying federal benefits that are specifically provided for

HB4049 Enrolled - 1697 - LRB099 03667 KTG 23678 b
the care and treatment of a person with a disability disabled
person toward the cost of care provided by a State facility or
private agency. The Department may investigate the financial
condition of each person committed under this Act, may make
determinations of the ability of each such person to pay sums
representing services charges, and for those purposes may set a
standard as a basis of judgment of ability to pay. The
Department shall by rule make provisions for unusual and
exceptional circumstances in the application of that standard.
The Department may issue to any person liable under this Act a
statement of amount due as treatment charges requiring him or
her to pay monthly, quarterly, or otherwise as may be arranged,
an amount not exceeding that required under this Act, plus fees
to which the Department may be entitled under this Act.
(a) Whenever an individual is covered, in part or in whole,
under any type of insurance arrangement, private or public, for
services provided by the Department, the proceeds from the
insurance shall be considered as part of the individual's
ability to pay notwithstanding that the insurance contract was
entered into by a person other than the individual or that the
premiums for the insurance were paid for by a person other than
the individual. Remittances from intermediary agencies under
Title XVIII of the Federal Social Security Act for services to
committed persons shall be deposited with the State Treasurer
and placed in the Mental Health Fund. Payments received from
the Department of Healthcare and Family Services under Title

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XIX of the Federal Social Security Act for services to those
persons shall be deposited with the State Treasurer and shall
be placed in the General Revenue Fund.
(b) Any person who has been issued a Notice of
Determination of sums due as services charges may petition the
Department for a review of that determination. The petition
must be in writing and filed with the Department within 90 days
from the date of the Notice of Determination. The Department
shall provide for a hearing to be held on the charges for the
period covered by the petition. The Department may after the
hearing, cancel, modify, or increase the former determination
to an amount not to exceed the maximum provided for the person
by this Act. The Department at its expense shall take testimony
and preserve a record of all proceedings at the hearing upon
any petition for a release from or modification of the
determination. The petition and other documents in the nature
of pleadings and motions filed in the case, a transcript of
testimony, findings of the Department, and orders of the
Secretary constitute the record. The Secretary shall furnish a
transcript of the record to any person upon payment of 75¢ per
page for each original transcript and 25¢ per page for each
copy of the transcript. Any person aggrieved by the decision of
the Department upon a hearing may, within 30 days thereafter,
file a petition with the Department for review of the decision
by the Board of Reimbursement Appeals established in the Mental
Health and Developmental Disabilities Code. The Board of

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Reimbursement Appeals may approve action taken by the
Department or may remand the case to the Secretary with
recommendation for redetermination of charges.
(c) Upon receiving a petition for review under subsection
(b) of this Section, the Department shall thereupon notify the
Board of Reimbursement Appeals which shall render its decision
thereon within 30 days after the petition is filed and certify
such decision to the Department. Concurrence of a majority of
the Board is necessary in any such decision. Upon request of
the Department, the State's Attorney of the county in which a
client who is liable under this Act for payment of sums
representing services charges resides, shall institute
appropriate legal action against any such client, or within the
time provided by law shall file a claim against the estate of
the client who fails or refuses to pay those charges. The court
shall order the payment of sums due for services charges for
such period or periods of time as the circumstances require.
The order may be entered against any defendant and may be based
upon the proportionate ability of each defendant to contribute
to the payment of sums representing services charges including
the actual charges for services in facilities outside the
Department where the Department has paid those charges. Orders
for the payment of money may be enforced by attachment as for
contempt against the persons of the defendants and, in
addition, as other judgments for the payment of money, and
costs may be adjudged against the defendants and apportioned

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among them.
(d) The money collected shall be deposited into the Mental
Health Fund.
(Source: P.A. 95-331, eff. 8-21-07.)
Section 905. The State's Attorneys Appellate Prosecutor's
Act is amended by changing Section 4.10 as follows:
(725 ILCS 210/4.10) (from Ch. 14, par. 204.10)
Sec. 4.10. The Office may conduct and charge tuition for
training programs for State's Attorneys, Assistant State's
Attorneys and other law enforcement officers. The Office shall
conduct training programs and provide technical trial
assistance for Illinois State's Attorneys, Assistant State's
Attorneys, and law enforcement officers on: (1)
constitutional, statutory, and case law issues; (2) forensic
evidence; (3) prosecutorial ethics and professional
responsibility; and (4) a continuum of trial advocacy
techniques and methods, including an emphasis on the
elimination of or reduction in the trauma of testifying in
criminal proceedings for vulnerable populations including
seniors, persons with disabilities disabled persons, and
children who serve as witnesses in such proceedings. The Office
may make grants for these purposes. In addition, the Office may
publish, disseminate and sell publications and newsletters
which digest current Appellate and Supreme Court cases and

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legislative developments of importance to prosecutors and law
enforcement officials. The moneys collected by the Office from
the programs and publications provided for in this Section
shall be deposited in the Continuing Legal Education Trust
Fund, which special fund is hereby created in the State
Treasury. In addition, such appropriations, gifts or grants of
money as the Office may secure from any public or private
source for the purposes described in this Section shall be
deposited in the Continuing Legal Education Trust Fund. The
General Assembly shall make appropriations from the Continuing
Legal Education Trust Fund for the expenses of the Office
incident to conducting the programs and publishing the
materials provided for in this Section.
(Source: P.A. 97-641, eff. 12-19-11.)
Section 910. The Unified Code of Corrections is amended by
changing Sections 3-12-16, 5-1-8, 5-1-13, 5-5-3, 5-5-3.1,
5-5-3.2, 5-6-3, 5-6-3.1, and 5-7-1 as follows:
(730 ILCS 5/3-12-16)
Sec. 3-12-16. Helping Paws Service Dog Program.
(a) In this Section:
"Person with a disability Disabled person" means a person
who suffers from a physical or mental impairment that
substantially limits one or more major life activities.
"Program" means the Helping Paws Service Dog Program

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created by this Section.
"Service dog" means a dog trained in obedience and task
skills to meet the needs of a person with a disability disabled
person.
"Animal care professional" means a person certified to work
in animal care related services, such as grooming, kenneling,
and any other related fields.
"Service dog professional" means a person certified to
train service dogs by an agency, organization, or school
approved by the Department.
(b) The Department may establish the Helping Paws Service
Dog Program to train committed persons to be service dog
trainers and animal care professionals. The Department shall
select committed persons in various correctional institutions
and facilities to participate in the Program.
(c) Priority for participation in the Program must be given
to committed persons who either have a high school diploma or
have passed high school equivalency testing.
(d) The Department may contract with service dog
professionals to train committed persons to be certified
service dog trainers. Service dog professionals shall train
committed persons in dog obedience training, service dog
training, and animal health care. Upon successful completion of
the training, a committed person shall receive certification by
an agency, organization, or school approved by the Department.
(e) The Department may designate a non-profit organization

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to select animals from humane societies and shelters for the
purpose of being trained as service dogs and for participation
in any program designed to train animal care professionals.
(f) After a dog is trained by the committed person as a
service dog, a review committee consisting of an equal number
of persons from the Department and the non-profit organization
shall select a person with a disability disabled person to
receive the service dog free of charge.
(g) Employees of the Department shall periodically visit
persons with disabilities disabled persons who have received
service dogs from the Department under this Section to
determine whether the needs of the persons with disabilities
disabled persons have been met by the service dogs trained by
committed persons.
(h) Employees of the Department shall periodically visit
committed persons who have been certified as service dog
trainers or animal care professionals and who have been paroled
or placed on mandatory supervised release to determine whether
the committed persons are using their skills as certified
service dog trainers or animal care professionals.
(Source: P.A. 98-718, eff. 1-1-15.)
(730 ILCS 5/5-1-8) (from Ch. 38, par. 1005-1-8)
Sec. 5-1-8. Defendant in Need of Mental Treatment.
"Defendant in need of mental treatment" means any defendant
afflicted with a mental disorder, not including a person with

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an intellectual disability who is intellectually disabled, if
that defendant, as a result of such mental disorder, is
reasonably expected at the time of determination or within a
reasonable time thereafter to intentionally or unintentionally
physically injure himself or other persons, or is unable to
care for himself so as to guard himself from physical injury or
to provide for his own physical needs.
(Source: P.A. 97-227, eff. 1-1-12.)
(730 ILCS 5/5-1-13) (from Ch. 38, par. 1005-1-13)
Sec. 5-1-13. Intellectual disability Intellectually
Disabled. "Intellectual disability" means Intellectually
disabled" and "intellectual disability" mean sub-average
general intellectual functioning generally originating during
the developmental period and associated with impairment in
adaptive behavior reflected in delayed maturation or reduced
learning ability or inadequate social adjustment.
(Source: P.A. 97-227, eff. 1-1-12.)
(730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
Sec. 5-5-3. Disposition.
(a) (Blank).
(b) (Blank).
(c) (1) (Blank).
(2) A period of probation, a term of periodic imprisonment
or conditional discharge shall not be imposed for the following

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offenses. The court shall sentence the offender to not less
than the minimum term of imprisonment set forth in this Code
for the following offenses, and may order a fine or restitution
or both in conjunction with such term of imprisonment:
(A) First degree murder where the death penalty is not
imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the Illinois
Controlled Substances Act, or a violation of subdivision
(c)(1.5) or (c)(2) of Section 401 of that Act which relates
to more than 5 grams of a substance containing cocaine,
fentanyl, or an analog thereof.
(D-5) A violation of subdivision (c)(1) of Section 401
of the Illinois Controlled Substances Act which relates to
3 or more grams of a substance containing heroin or an
analog thereof.
(E) A violation of Section 5.1 or 9 of the Cannabis
Control Act.
(F) A Class 2 or greater felony if the offender had
been convicted of a Class 2 or greater felony, including
any state or federal conviction for an offense that
contained, at the time it was committed, the same elements
as an offense now (the date of the offense committed after
the prior Class 2 or greater felony) classified as a Class
2 or greater felony, within 10 years of the date on which

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the offender committed the offense for which he or she is
being sentenced, except as otherwise provided in Section
40-10 of the Alcoholism and Other Drug Abuse and Dependency
Act.
(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of
the Criminal Code of 1961 or the Criminal Code of 2012 for
which imprisonment is prescribed in those Sections.
(G) Residential burglary, except as otherwise provided
in Section 40-10 of the Alcoholism and Other Drug Abuse and
Dependency Act.
(H) Criminal sexual assault.
(I) Aggravated battery of a senior citizen as described
in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05
of the Criminal Code of 1961 or the Criminal Code of 2012.
(J) A forcible felony if the offense was related to the
activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of 5 or
more persons, with an established hierarchy, that
encourages members of the association to perpetrate crimes
or provides support to the members of the association who
do commit crimes.
Beginning July 1, 1994, for the purposes of this
paragraph, "organized gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.

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(K) Vehicular hijacking.
(L) A second or subsequent conviction for the offense
of hate crime when the underlying offense upon which the
hate crime is based is felony aggravated assault or felony
mob action.
(M) A second or subsequent conviction for the offense
of institutional vandalism if the damage to the property
exceeds $300.
(N) A Class 3 felony violation of paragraph (1) of
subsection (a) of Section 2 of the Firearm Owners
Identification Card Act.
(O) A violation of Section 12-6.1 or 12-6.5 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(P) A violation of paragraph (1), (2), (3), (4), (5),
or (7) of subsection (a) of Section 11-20.1 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(Q) A violation of subsection (b) or (b-5) of Section
20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(R) A violation of Section 24-3A of the Criminal Code
of 1961 or the Criminal Code of 2012.
(S) (Blank).
(T) A second or subsequent violation of the
Methamphetamine Control and Community Protection Act.
(U) A second or subsequent violation of Section 6-303
of the Illinois Vehicle Code committed while his or her

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driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961
or the Criminal Code of 2012, relating to the offense of
reckless homicide, or a similar provision of a law of
another state.
(V) A violation of paragraph (4) of subsection (c) of
Section 11-20.1B or paragraph (4) of subsection (c) of
Section 11-20.3 of the Criminal Code of 1961, or paragraph
(6) of subsection (a) of Section 11-20.1 of the Criminal
Code of 2012 when the victim is under 13 years of age and
the defendant has previously been convicted under the laws
of this State or any other state of the offense of child
pornography, aggravated child pornography, aggravated
criminal sexual abuse, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, or any of the
offenses formerly known as rape, deviate sexual assault,
indecent liberties with a child, or aggravated indecent
liberties with a child where the victim was under the age
of 18 years or an offense that is substantially equivalent
to those offenses.
(W) A violation of Section 24-3.5 of the Criminal Code
of 1961 or the Criminal Code of 2012.
(X) A violation of subsection (a) of Section 31-1a of
the Criminal Code of 1961 or the Criminal Code of 2012.
(Y) A conviction for unlawful possession of a firearm
by a street gang member when the firearm was loaded or

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contained firearm ammunition.
(Z) A Class 1 felony committed while he or she was
serving a term of probation or conditional discharge for a
felony.
(AA) Theft of property exceeding $500,000 and not
exceeding $1,000,000 in value.
(BB) Laundering of criminally derived property of a
value exceeding $500,000.
(CC) Knowingly selling, offering for sale, holding for
sale, or using 2,000 or more counterfeit items or
counterfeit items having a retail value in the aggregate of
$500,000 or more.
(DD) A conviction for aggravated assault under
paragraph (6) of subsection (c) of Section 12-2 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
firearm is aimed toward the person against whom the firearm
is being used.
(3) (Blank).
(4) A minimum term of imprisonment of not less than 10
consecutive days or 30 days of community service shall be
imposed for a violation of paragraph (c) of Section 6-303 of
the Illinois Vehicle Code.
(4.1) (Blank).
(4.2) Except as provided in paragraphs (4.3) and (4.8) of
this subsection (c), a minimum of 100 hours of community
service shall be imposed for a second violation of Section

HB4049 Enrolled - 1710 - LRB099 03667 KTG 23678 b
6-303 of the Illinois Vehicle Code.
(4.3) A minimum term of imprisonment of 30 days or 300
hours of community service, as determined by the court, shall
be imposed for a second violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.4) Except as provided in paragraphs (4.5), (4.6), and
(4.9) of this subsection (c), a minimum term of imprisonment of
30 days or 300 hours of community service, as determined by the
court, shall be imposed for a third or subsequent violation of
Section 6-303 of the Illinois Vehicle Code.
(4.5) A minimum term of imprisonment of 30 days shall be
imposed for a third violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.6) Except as provided in paragraph (4.10) of this
subsection (c), a minimum term of imprisonment of 180 days
shall be imposed for a fourth or subsequent violation of
subsection (c) of Section 6-303 of the Illinois Vehicle Code.
(4.7) A minimum term of imprisonment of not less than 30
consecutive days, or 300 hours of community service, shall be
imposed for a violation of subsection (a-5) of Section 6-303 of
the Illinois Vehicle Code, as provided in subsection (b-5) of
that Section.
(4.8) A mandatory prison sentence shall be imposed for a
second violation of subsection (a-5) of Section 6-303 of the
Illinois Vehicle Code, as provided in subsection (c-5) of that
Section. The person's driving privileges shall be revoked for a

HB4049 Enrolled - 1711 - LRB099 03667 KTG 23678 b
period of not less than 5 years from the date of his or her
release from prison.
(4.9) A mandatory prison sentence of not less than 4 and
not more than 15 years shall be imposed for a third violation
of subsection (a-5) of Section 6-303 of the Illinois Vehicle
Code, as provided in subsection (d-2.5) of that Section. The
person's driving privileges shall be revoked for the remainder
of his or her life.
(4.10) A mandatory prison sentence for a Class 1 felony
shall be imposed, and the person shall be eligible for an
extended term sentence, for a fourth or subsequent violation of
subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
as provided in subsection (d-3.5) of that Section. The person's
driving privileges shall be revoked for the remainder of his or
her life.
(5) The court may sentence a corporation or unincorporated
association convicted of any offense to:
(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under Section 5-5-6
of this Code.
(5.1) In addition to any other penalties imposed, and
except as provided in paragraph (5.2) or (5.3), a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for at least 90 days but not

HB4049 Enrolled - 1712 - LRB099 03667 KTG 23678 b
more than one year, if the violation resulted in damage to the
property of another person.
(5.2) In addition to any other penalties imposed, and
except as provided in paragraph (5.3), a person convicted of
violating subsection (c) of Section 11-907 of the Illinois
Vehicle Code shall have his or her driver's license, permit, or
privileges suspended for at least 180 days but not more than 2
years, if the violation resulted in injury to another person.
(5.3) In addition to any other penalties imposed, a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for 2 years, if the violation
resulted in the death of another person.
(5.4) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code shall have his or her driver's license, permit, or
privileges suspended for 3 months and until he or she has paid
a reinstatement fee of $100.
(5.5) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code during a period in which his or her driver's license,
permit, or privileges were suspended for a previous violation
of that Section shall have his or her driver's license, permit,
or privileges suspended for an additional 6 months after the
expiration of the original 3-month suspension and until he or
she has paid a reinstatement fee of $100.

HB4049 Enrolled - 1713 - LRB099 03667 KTG 23678 b
(6) (Blank).
(7) (Blank).
(8) (Blank).
(9) A defendant convicted of a second or subsequent offense
of ritualized abuse of a child may be sentenced to a term of
natural life imprisonment.
(10) (Blank).
(11) The court shall impose a minimum fine of $1,000 for a
first offense and $2,000 for a second or subsequent offense
upon a person convicted of or placed on supervision for battery
when the individual harmed was a sports official or coach at
any level of competition and the act causing harm to the sports
official or coach occurred within an athletic facility or
within the immediate vicinity of the athletic facility at which
the sports official or coach was an active participant of the
athletic contest held at the athletic facility. For the
purposes of this paragraph (11), "sports official" means a
person at an athletic contest who enforces the rules of the
contest, such as an umpire or referee; "athletic facility"
means an indoor or outdoor playing field or recreational area
where sports activities are conducted; and "coach" means a
person recognized as a coach by the sanctioning authority that
conducted the sporting event.
(12) A person may not receive a disposition of court
supervision for a violation of Section 5-16 of the Boat
Registration and Safety Act if that person has previously

HB4049 Enrolled - 1714 - LRB099 03667 KTG 23678 b
received a disposition of court supervision for a violation of
that Section.
(13) A person convicted of or placed on court supervision
for an assault or aggravated assault when the victim and the
offender are family or household members as defined in Section
103 of the Illinois Domestic Violence Act of 1986 or convicted
of domestic battery or aggravated domestic battery may be
required to attend a Partner Abuse Intervention Program under
protocols set forth by the Illinois Department of Human
Services under such terms and conditions imposed by the court.
The costs of such classes shall be paid by the offender.
(d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The
trial court shall hold a hearing under Section 5-4-1 of the
Unified Code of Corrections which may include evidence of the
defendant's life, moral character and occupation during the
time since the original sentence was passed. The trial court
shall then impose sentence upon the defendant. The trial court
may impose any sentence which could have been imposed at the
original trial subject to Section 5-5-4 of the Unified Code of
Corrections. If a sentence is vacated on appeal or on
collateral attack due to the failure of the trier of fact at
trial to determine beyond a reasonable doubt the existence of a
fact (other than a prior conviction) necessary to increase the
punishment for the offense beyond the statutory maximum
otherwise applicable, either the defendant may be re-sentenced

HB4049 Enrolled - 1715 - LRB099 03667 KTG 23678 b
to a term within the range otherwise provided or, if the State
files notice of its intention to again seek the extended
sentence, the defendant shall be afforded a new trial.
(e) In cases where prosecution for aggravated criminal
sexual abuse under Section 11-1.60 or 12-16 of the Criminal
Code of 1961 or the Criminal Code of 2012 results in conviction
of a defendant who was a family member of the victim at the
time of the commission of the offense, the court shall consider
the safety and welfare of the victim and may impose a sentence
of probation only where:
(1) the court finds (A) or (B) or both are appropriate:
(A) the defendant is willing to undergo a court
approved counseling program for a minimum duration of 2
years; or
(B) the defendant is willing to participate in a
court approved plan including but not limited to the
defendant's:
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
family;
(iv) restitution for harm done to the victim;
and
(v) compliance with any other measures that
the court may deem appropriate; and
(2) the court orders the defendant to pay for the

HB4049 Enrolled - 1716 - LRB099 03667 KTG 23678 b
victim's counseling services, to the extent that the court
finds, after considering the defendant's income and
assets, that the defendant is financially capable of paying
for such services, if the victim was under 18 years of age
at the time the offense was committed and requires
counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members or
commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
11-0.1 of the Criminal Code of 2012.
(f) (Blank).
(g) Whenever a defendant is convicted of an offense under
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
11-14.3, 11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the defendant shall undergo medical
testing to determine whether the defendant has any sexually
transmissible disease, including a test for infection with

HB4049 Enrolled - 1717 - LRB099 03667 KTG 23678 b
human immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of
any bodily fluids as well as an examination of the defendant's
person. Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally
delivered in a sealed envelope to the judge of the court in
which the conviction was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the
victim and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may be
revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested by
the victim, and if the victim is under the age of 15 and if
requested by the victim's parents or legal guardian, the court
shall notify the victim's parents or legal guardian of the test
results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results of
the testing are revealed and shall direct the State's Attorney
to provide the information to the victim when possible. A
State's Attorney may petition the court to obtain the results
of any HIV test administered under this Section, and the court
shall grant the disclosure if the State's Attorney shows it is

HB4049 Enrolled - 1718 - LRB099 03667 KTG 23678 b
relevant in order to prosecute a charge of criminal
transmission of HIV under Section 12-5.01 or 12-16.2 of the
Criminal Code of 1961 or the Criminal Code of 2012 against the
defendant. The court shall order that the cost of any such test
shall be paid by the county and may be taxed as costs against
the convicted defendant.
(g-5) When an inmate is tested for an airborne communicable
disease, as determined by the Illinois Department of Public
Health including but not limited to tuberculosis, the results
of the test shall be personally delivered by the warden or his
or her designee in a sealed envelope to the judge of the court
in which the inmate must appear for the judge's inspection in
camera if requested by the judge. Acting in accordance with the
best interests of those in the courtroom, the judge shall have
the discretion to determine what if any precautions need to be
taken to prevent transmission of the disease in the courtroom.
(h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether
the defendant has been exposed to human immunodeficiency virus
(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Except as otherwise provided
by law, the results of such test shall be kept strictly
confidential by all medical personnel involved in the testing
and must be personally delivered in a sealed envelope to the
judge of the court in which the conviction was entered for the

HB4049 Enrolled - 1719 - LRB099 03667 KTG 23678 b
judge's inspection in camera. Acting in accordance with the
best interests of the public, the judge shall have the
discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide
information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct
the State's Attorney to provide the information to the victim
when possible. A State's Attorney may petition the court to
obtain the results of any HIV test administered under this
Section, and the court shall grant the disclosure if the
State's Attorney shows it is relevant in order to prosecute a
charge of criminal transmission of HIV under Section 12-5.01 or
12-16.2 of the Criminal Code of 1961 or the Criminal Code of
2012 against the defendant. The court shall order that the cost
of any such test shall be paid by the county and may be taxed as
costs against the convicted defendant.
(i) All fines and penalties imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.

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(j) In cases when prosecution for any violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
Code of 2012, any violation of the Illinois Controlled
Substances Act, any violation of the Cannabis Control Act, or
any violation of the Methamphetamine Control and Community
Protection Act results in conviction, a disposition of court
supervision, or an order of probation granted under Section 10
of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the Methamphetamine
Control and Community Protection Act of a defendant, the court
shall determine whether the defendant is employed by a facility
or center as defined under the Child Care Act of 1969, a public
or private elementary or secondary school, or otherwise works
with children under 18 years of age on a daily basis. When a
defendant is so employed, the court shall order the Clerk of
the Court to send a copy of the judgment of conviction or order
of supervision or probation to the defendant's employer by
certified mail. If the employer of the defendant is a school,
the Clerk of the Court shall direct the mailing of a copy of
the judgment of conviction or order of supervision or probation
to the appropriate regional superintendent of schools. The
regional superintendent of schools shall notify the State Board

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of Education of any notification under this subsection.
(j-5) A defendant at least 17 years of age who is convicted
of a felony and who has not been previously convicted of a
misdemeanor or felony and who is sentenced to a term of
imprisonment in the Illinois Department of Corrections shall as
a condition of his or her sentence be required by the court to
attend educational courses designed to prepare the defendant
for a high school diploma and to work toward a high school
diploma or to work toward passing high school equivalency
testing or to work toward completing a vocational training
program offered by the Department of Corrections. If a
defendant fails to complete the educational training required
by his or her sentence during the term of incarceration, the
Prisoner Review Board shall, as a condition of mandatory
supervised release, require the defendant, at his or her own
expense, to pursue a course of study toward a high school
diploma or passage of high school equivalency testing. The
Prisoner Review Board shall revoke the mandatory supervised
release of a defendant who wilfully fails to comply with this
subsection (j-5) upon his or her release from confinement in a
penal institution while serving a mandatory supervised release
term; however, the inability of the defendant after making a
good faith effort to obtain financial aid or pay for the
educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the defendant
whose mandatory supervised release term has been revoked under

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this subsection (j-5) as provided in Section 3-3-9. This
subsection (j-5) does not apply to a defendant who has a high
school diploma or has successfully passed high school
equivalency testing. This subsection (j-5) does not apply to a
defendant who is determined by the court to be a person with a
developmental disability developmentally disabled or otherwise
mentally incapable of completing the educational or vocational
program.
(k) (Blank).
(l) (A) Except as provided in paragraph (C) of subsection
(l), whenever a defendant, who is an alien as defined by the
Immigration and Nationality Act, is convicted of any felony or
misdemeanor offense, the court after sentencing the defendant
may, upon motion of the State's Attorney, hold sentence in
abeyance and remand the defendant to the custody of the
Attorney General of the United States or his or her designated
agent to be deported when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
Otherwise, the defendant shall be sentenced as provided in
this Chapter V.
(B) If the defendant has already been sentenced for a

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felony or misdemeanor offense, or has been placed on probation
under Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act, the
court may, upon motion of the State's Attorney to suspend the
sentence imposed, commit the defendant to the custody of the
Attorney General of the United States or his or her designated
agent when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
(C) This subsection (l) does not apply to offenders who are
subject to the provisions of paragraph (2) of subsection (a) of
Section 3-6-3.
(D) Upon motion of the State's Attorney, if a defendant
sentenced under this Section returns to the jurisdiction of the
United States, the defendant shall be recommitted to the
custody of the county from which he or she was sentenced.
Thereafter, the defendant shall be brought before the
sentencing court, which may impose any sentence that was
available under Section 5-5-3 at the time of initial
sentencing. In addition, the defendant shall not be eligible
for additional sentence credit for good conduct as provided

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under Section 3-6-3.
(m) A person convicted of criminal defacement of property
under Section 21-1.3 of the Criminal Code of 1961 or the
Criminal Code of 2012, in which the property damage exceeds
$300 and the property damaged is a school building, shall be
ordered to perform community service that may include cleanup,
removal, or painting over the defacement.
(n) The court may sentence a person convicted of a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
of 1961 or the Criminal Code of 2012 (i) to an impact
incarceration program if the person is otherwise eligible for
that program under Section 5-8-1.1, (ii) to community service,
or (iii) if the person is an addict or alcoholic, as defined in
the Alcoholism and Other Drug Abuse and Dependency Act, to a
substance or alcohol abuse program licensed under that Act.
(o) Whenever a person is convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act, the
defendant's driver's license or permit shall be subject to
renewal on an annual basis in accordance with the provisions of
license renewal established by the Secretary of State.
(Source: P.A. 97-159, eff. 7-21-11; 97-697, eff. 6-22-12;
97-917, eff. 8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff.
1-1-13; 97-1150, eff. 1-25-13; 98-718, eff. 1-1-15; 98-756,
eff. 7-16-14.)

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(730 ILCS 5/5-5-3.1) (from Ch. 38, par. 1005-5-3.1)
Sec. 5-5-3.1. Factors in Mitigation.
(a) The following grounds shall be accorded weight in favor
of withholding or minimizing a sentence of imprisonment:
(1) The defendant's criminal conduct neither caused
nor threatened serious physical harm to another.
(2) The defendant did not contemplate that his criminal
conduct would cause or threaten serious physical harm to
another.
(3) The defendant acted under a strong provocation.
(4) There were substantial grounds tending to excuse or
justify the defendant's criminal conduct, though failing
to establish a defense.
(5) The defendant's criminal conduct was induced or
facilitated by someone other than the defendant.
(6) The defendant has compensated or will compensate
the victim of his criminal conduct for the damage or injury
that he sustained.
(7) The defendant has no history of prior delinquency
or criminal activity or has led a law-abiding life for a
substantial period of time before the commission of the
present crime.
(8) The defendant's criminal conduct was the result of
circumstances unlikely to recur.
(9) The character and attitudes of the defendant
indicate that he is unlikely to commit another crime.

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(10) The defendant is particularly likely to comply
with the terms of a period of probation.
(11) The imprisonment of the defendant would entail
excessive hardship to his dependents.
(12) The imprisonment of the defendant would endanger
his or her medical condition.
(13) The defendant was a person with an intellectual
disability intellectually disabled as defined in Section
5-1-13 of this Code.
(14) The defendant sought or obtained emergency
medical assistance for an overdose and was convicted of a
Class 3 felony or higher possession, manufacture, or
delivery of a controlled, counterfeit, or look-alike
substance or a controlled substance analog under the
Illinois Controlled Substances Act or a Class 2 felony or
higher possession, manufacture or delivery of
methamphetamine under the Methamphetamine Control and
Community Protection Act.
(b) If the court, having due regard for the character of
the offender, the nature and circumstances of the offense and
the public interest finds that a sentence of imprisonment is
the most appropriate disposition of the offender, or where
other provisions of this Code mandate the imprisonment of the
offender, the grounds listed in paragraph (a) of this
subsection shall be considered as factors in mitigation of the
term imposed.

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(Source: P.A. 97-227, eff. 1-1-12; 97-678, eff. 6-1-12; 98-463,
eff. 8-16-13.)
(730 ILCS 5/5-5-3.2)
Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
Sentencing.
(a) The following factors shall be accorded weight in favor
of imposing a term of imprisonment or may be considered by the
court as reasons to impose a more severe sentence under Section
5-8-1 or Article 4.5 of Chapter V:
(1) the defendant's conduct caused or threatened
serious harm;
(2) the defendant received compensation for committing
the offense;
(3) the defendant has a history of prior delinquency or
criminal activity;
(4) the defendant, by the duties of his office or by
his position, was obliged to prevent the particular offense
committed or to bring the offenders committing it to
justice;
(5) the defendant held public office at the time of the
offense, and the offense related to the conduct of that
office;
(6) the defendant utilized his professional reputation
or position in the community to commit the offense, or to
afford him an easier means of committing it;

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(7) the sentence is necessary to deter others from
committing the same crime;
(8) the defendant committed the offense against a
person 60 years of age or older or such person's property;
(9) the defendant committed the offense against a
person who has a physical disability is physically
handicapped or such person's property;
(10) by reason of another individual's actual or
perceived race, color, creed, religion, ancestry, gender,
sexual orientation, physical or mental disability, or
national origin, the defendant committed the offense
against (i) the person or property of that individual; (ii)
the person or property of a person who has an association
with, is married to, or has a friendship with the other
individual; or (iii) the person or property of a relative
(by blood or marriage) of a person described in clause (i)
or (ii). For the purposes of this Section, "sexual
orientation" means heterosexuality, homosexuality, or
bisexuality;
(11) the offense took place in a place of worship or on
the grounds of a place of worship, immediately prior to,
during or immediately following worship services. For
purposes of this subparagraph, "place of worship" shall
mean any church, synagogue or other building, structure or
place used primarily for religious worship;
(12) the defendant was convicted of a felony committed

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while he was released on bail or his own recognizance
pending trial for a prior felony and was convicted of such
prior felony, or the defendant was convicted of a felony
committed while he was serving a period of probation,
conditional discharge, or mandatory supervised release
under subsection (d) of Section 5-8-1 for a prior felony;
(13) the defendant committed or attempted to commit a
felony while he was wearing a bulletproof vest. For the
purposes of this paragraph (13), a bulletproof vest is any
device which is designed for the purpose of protecting the
wearer from bullets, shot or other lethal projectiles;
(14) the defendant held a position of trust or
supervision such as, but not limited to, family member as
defined in Section 11-0.1 of the Criminal Code of 2012,
teacher, scout leader, baby sitter, or day care worker, in
relation to a victim under 18 years of age, and the
defendant committed an offense in violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
11-14.4 except for an offense that involves keeping a place
of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
or 12-16 of the Criminal Code of 1961 or the Criminal Code
of 2012 against that victim;
(15) the defendant committed an offense related to the
activities of an organized gang. For the purposes of this
factor, "organized gang" has the meaning ascribed to it in

HB4049 Enrolled - 1730 - LRB099 03667 KTG 23678 b
Section 10 of the Streetgang Terrorism Omnibus Prevention
Act;
(16) the defendant committed an offense in violation of
one of the following Sections while in a school, regardless
of the time of day or time of year; on any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related activity; on
the real property of a school; or on a public way within
1,000 feet of the real property comprising any school:
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
18-2, or 33A-2, or Section 12-3.05 except for subdivision
(a)(4) or (g)(1), of the Criminal Code of 1961 or the
Criminal Code of 2012;
(16.5) the defendant committed an offense in violation
of one of the following Sections while in a day care
center, regardless of the time of day or time of year; on
the real property of a day care center, regardless of the
time of day or time of year; or on a public way within
1,000 feet of the real property comprising any day care
center, regardless of the time of day or time of year:
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,

HB4049 Enrolled - 1731 - LRB099 03667 KTG 23678 b
12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
18-2, or 33A-2, or Section 12-3.05 except for subdivision
(a)(4) or (g)(1), of the Criminal Code of 1961 or the
Criminal Code of 2012;
(17) the defendant committed the offense by reason of
any person's activity as a community policing volunteer or
to prevent any person from engaging in activity as a
community policing volunteer. For the purpose of this
Section, "community policing volunteer" has the meaning
ascribed to it in Section 2-3.5 of the Criminal Code of
2012;
(18) the defendant committed the offense in a nursing
home or on the real property comprising a nursing home. For
the purposes of this paragraph (18), "nursing home" means a
skilled nursing or intermediate long term care facility
that is subject to license by the Illinois Department of
Public Health under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, or
the ID/DD Community Care Act;
(19) the defendant was a federally licensed firearm
dealer and was previously convicted of a violation of
subsection (a) of Section 3 of the Firearm Owners
Identification Card Act and has now committed either a
felony violation of the Firearm Owners Identification Card
Act or an act of armed violence while armed with a firearm;
(20) the defendant (i) committed the offense of

HB4049 Enrolled - 1732 - LRB099 03667 KTG 23678 b
reckless homicide under Section 9-3 of the Criminal Code of
1961 or the Criminal Code of 2012 or the offense of driving
under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds or any combination
thereof under Section 11-501 of the Illinois Vehicle Code
or a similar provision of a local ordinance and (ii) was
operating a motor vehicle in excess of 20 miles per hour
over the posted speed limit as provided in Article VI of
Chapter 11 of the Illinois Vehicle Code;
(21) the defendant (i) committed the offense of
reckless driving or aggravated reckless driving under
Section 11-503 of the Illinois Vehicle Code and (ii) was
operating a motor vehicle in excess of 20 miles per hour
over the posted speed limit as provided in Article VI of
Chapter 11 of the Illinois Vehicle Code;
(22) the defendant committed the offense against a
person that the defendant knew, or reasonably should have
known, was a member of the Armed Forces of the United
States serving on active duty. For purposes of this clause
(22), the term "Armed Forces" means any of the Armed Forces
of the United States, including a member of any reserve
component thereof or National Guard unit called to active
duty;
(23) the defendant committed the offense against a
person who was elderly, disabled, or infirm or who was a
person with a disability by taking advantage of a family or

HB4049 Enrolled - 1733 - LRB099 03667 KTG 23678 b
fiduciary relationship with the elderly, disabled, or
infirm person or person with a disability;
(24) the defendant committed any offense under Section
11-20.1 of the Criminal Code of 1961 or the Criminal Code
of 2012 and possessed 100 or more images;
(25) the defendant committed the offense while the
defendant or the victim was in a train, bus, or other
vehicle used for public transportation;
(26) the defendant committed the offense of child
pornography or aggravated child pornography, specifically
including paragraph (1), (2), (3), (4), (5), or (7) of
subsection (a) of Section 11-20.1 of the Criminal Code of
1961 or the Criminal Code of 2012 where a child engaged in,
solicited for, depicted in, or posed in any act of sexual
penetration or bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in a sexual context
and specifically including paragraph (1), (2), (3), (4),
(5), or (7) of subsection (a) of Section 11-20.1B or
Section 11-20.3 of the Criminal Code of 1961 where a child
engaged in, solicited for, depicted in, or posed in any act
of sexual penetration or bound, fettered, or subject to
sadistic, masochistic, or sadomasochistic abuse in a
sexual context;
(27) the defendant committed the offense of first
degree murder, assault, aggravated assault, battery,
aggravated battery, robbery, armed robbery, or aggravated

HB4049 Enrolled - 1734 - LRB099 03667 KTG 23678 b
robbery against a person who was a veteran and the
defendant knew, or reasonably should have known, that the
person was a veteran performing duties as a representative
of a veterans' organization. For the purposes of this
paragraph (27), "veteran" means an Illinois resident who
has served as a member of the United States Armed Forces, a
member of the Illinois National Guard, or a member of the
United States Reserve Forces; and "veterans' organization"
means an organization comprised of members of which
substantially all are individuals who are veterans or
spouses, widows, or widowers of veterans, the primary
purpose of which is to promote the welfare of its members
and to provide assistance to the general public in such a
way as to confer a public benefit; or
(28) the defendant committed the offense of assault,
aggravated assault, battery, aggravated battery, robbery,
armed robbery, or aggravated robbery against a person that
the defendant knew or reasonably should have known was a
letter carrier or postal worker while that person was
performing his or her duties delivering mail for the United
States Postal Service.
For the purposes of this Section:
"School" is defined as a public or private elementary or
secondary school, community college, college, or university.
"Day care center" means a public or private State certified
and licensed day care center as defined in Section 2.09 of the

HB4049 Enrolled - 1735 - LRB099 03667 KTG 23678 b
Child Care Act of 1969 that displays a sign in plain view
stating that the property is a day care center.
"Public transportation" means the transportation or
conveyance of persons by means available to the general public,
and includes paratransit services.
(b) The following factors, related to all felonies, may be
considered by the court as reasons to impose an extended term
sentence under Section 5-8-2 upon any offender:
(1) When a defendant is convicted of any felony, after
having been previously convicted in Illinois or any other
jurisdiction of the same or similar class felony or greater
class felony, when such conviction has occurred within 10
years after the previous conviction, excluding time spent
in custody, and such charges are separately brought and
tried and arise out of different series of acts; or
(2) When a defendant is convicted of any felony and the
court finds that the offense was accompanied by
exceptionally brutal or heinous behavior indicative of
wanton cruelty; or
(3) When a defendant is convicted of any felony
committed against:
(i) a person under 12 years of age at the time of
the offense or such person's property;
(ii) a person 60 years of age or older at the time
of the offense or such person's property; or
(iii) a person who had a physical disability

HB4049 Enrolled - 1736 - LRB099 03667 KTG 23678 b
physically handicapped at the time of the offense or
such person's property; or
(4) When a defendant is convicted of any felony and the
offense involved any of the following types of specific
misconduct committed as part of a ceremony, rite,
initiation, observance, performance, practice or activity
of any actual or ostensible religious, fraternal, or social
group:
(i) the brutalizing or torturing of humans or
animals;
(ii) the theft of human corpses;
(iii) the kidnapping of humans;
(iv) the desecration of any cemetery, religious,
fraternal, business, governmental, educational, or
other building or property; or
(v) ritualized abuse of a child; or
(5) When a defendant is convicted of a felony other
than conspiracy and the court finds that the felony was
committed under an agreement with 2 or more other persons
to commit that offense and the defendant, with respect to
the other individuals, occupied a position of organizer,
supervisor, financier, or any other position of management
or leadership, and the court further finds that the felony
committed was related to or in furtherance of the criminal
activities of an organized gang or was motivated by the
defendant's leadership in an organized gang; or

HB4049 Enrolled - 1737 - LRB099 03667 KTG 23678 b
(6) When a defendant is convicted of an offense
committed while using a firearm with a laser sight attached
to it. For purposes of this paragraph, "laser sight" has
the meaning ascribed to it in Section 26-7 of the Criminal
Code of 2012; or
(7) When a defendant who was at least 17 years of age
at the time of the commission of the offense is convicted
of a felony and has been previously adjudicated a
delinquent minor under the Juvenile Court Act of 1987 for
an act that if committed by an adult would be a Class X or
Class 1 felony when the conviction has occurred within 10
years after the previous adjudication, excluding time
spent in custody; or
(8) When a defendant commits any felony and the
defendant used, possessed, exercised control over, or
otherwise directed an animal to assault a law enforcement
officer engaged in the execution of his or her official
duties or in furtherance of the criminal activities of an
organized gang in which the defendant is engaged; or
(9) When a defendant commits any felony and the
defendant knowingly video or audio records the offense with
the intent to disseminate the recording.
(c) The following factors may be considered by the court as
reasons to impose an extended term sentence under Section 5-8-2
(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
(1) When a defendant is convicted of first degree

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murder, after having been previously convicted in Illinois
of any offense listed under paragraph (c)(2) of Section
5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
within 10 years after the previous conviction, excluding
time spent in custody, and the charges are separately
brought and tried and arise out of different series of
acts.
(1.5) When a defendant is convicted of first degree
murder, after having been previously convicted of domestic
battery (720 ILCS 5/12-3.2) or aggravated domestic battery
(720 ILCS 5/12-3.3) committed on the same victim or after
having been previously convicted of violation of an order
of protection (720 ILCS 5/12-30) in which the same victim
was the protected person.
(2) When a defendant is convicted of voluntary
manslaughter, second degree murder, involuntary
manslaughter, or reckless homicide in which the defendant
has been convicted of causing the death of more than one
individual.
(3) When a defendant is convicted of aggravated
criminal sexual assault or criminal sexual assault, when
there is a finding that aggravated criminal sexual assault
or criminal sexual assault was also committed on the same
victim by one or more other individuals, and the defendant
voluntarily participated in the crime with the knowledge of
the participation of the others in the crime, and the

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commission of the crime was part of a single course of
conduct during which there was no substantial change in the
nature of the criminal objective.
(4) If the victim was under 18 years of age at the time
of the commission of the offense, when a defendant is
convicted of aggravated criminal sexual assault or
predatory criminal sexual assault of a child under
subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
of Section 12-14.1 of the Criminal Code of 1961 or the
Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
(5) When a defendant is convicted of a felony violation
of Section 24-1 of the Criminal Code of 1961 or the
Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
finding that the defendant is a member of an organized
gang.
(6) When a defendant was convicted of unlawful use of
weapons under Section 24-1 of the Criminal Code of 1961 or
the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
a weapon that is not readily distinguishable as one of the
weapons enumerated in Section 24-1 of the Criminal Code of
1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
(7) When a defendant is convicted of an offense
involving the illegal manufacture of a controlled
substance under Section 401 of the Illinois Controlled
Substances Act (720 ILCS 570/401), the illegal manufacture
of methamphetamine under Section 25 of the Methamphetamine

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Control and Community Protection Act (720 ILCS 646/25), or
the illegal possession of explosives and an emergency
response officer in the performance of his or her duties is
killed or injured at the scene of the offense while
responding to the emergency caused by the commission of the
offense. In this paragraph, "emergency" means a situation
in which a person's life, health, or safety is in jeopardy;
and "emergency response officer" means a peace officer,
community policing volunteer, fireman, emergency medical
technician-ambulance, emergency medical
technician-intermediate, emergency medical
technician-paramedic, ambulance driver, other medical
assistance or first aid personnel, or hospital emergency
room personnel.
(8) When the defendant is convicted of attempted mob
action, solicitation to commit mob action, or conspiracy to
commit mob action under Section 8-1, 8-2, or 8-4 of the
Criminal Code of 2012, where the criminal object is a
violation of Section 25-1 of the Criminal Code of 2012, and
an electronic communication is used in the commission of
the offense. For the purposes of this paragraph (8),
"electronic communication" shall have the meaning provided
in Section 26.5-0.1 of the Criminal Code of 2012.
(d) For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.

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(e) The court may impose an extended term sentence under
Article 4.5 of Chapter V upon an offender who has been
convicted of a felony violation of Section 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012
when the victim of the offense is under 18 years of age at the
time of the commission of the offense and, during the
commission of the offense, the victim was under the influence
of alcohol, regardless of whether or not the alcohol was
supplied by the offender; and the offender, at the time of the
commission of the offense, knew or should have known that the
victim had consumed alcohol.
(Source: P.A. 97-38, eff. 6-28-11, 97-227, eff. 1-1-12; 97-333,
eff. 8-12-11; 97-693, eff. 1-1-13; 97-1108, eff. 1-1-13;
97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-14, eff.
1-1-14; 98-104, eff. 7-22-13; 98-385, eff. 1-1-14; 98-756, eff.
7-16-14.)
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
Sec. 5-6-3. Conditions of Probation and of Conditional
Discharge.
(a) The conditions of probation and of conditional
discharge shall be that the person:
(1) not violate any criminal statute of any
jurisdiction;
(2) report to or appear in person before such person or

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agency as directed by the court;
(3) refrain from possessing a firearm or other
dangerous weapon where the offense is a felony or, if a
misdemeanor, the offense involved the intentional or
knowing infliction of bodily harm or threat of bodily harm;
(4) not leave the State without the consent of the
court or, in circumstances in which the reason for the
absence is of such an emergency nature that prior consent
by the court is not possible, without the prior
notification and approval of the person's probation
officer. Transfer of a person's probation or conditional
discharge supervision to another state is subject to
acceptance by the other state pursuant to the Interstate
Compact for Adult Offender Supervision;
(5) permit the probation officer to visit him at his
home or elsewhere to the extent necessary to discharge his
duties;
(6) perform no less than 30 hours of community service
and not more than 120 hours of community service, if
community service is available in the jurisdiction and is
funded and approved by the county board where the offense
was committed, where the offense was related to or in
furtherance of the criminal activities of an organized gang
and was motivated by the offender's membership in or
allegiance to an organized gang. The community service
shall include, but not be limited to, the cleanup and

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repair of any damage caused by a violation of Section
21-1.3 of the Criminal Code of 1961 or the Criminal Code of
2012 and similar damage to property located within the
municipality or county in which the violation occurred.
When possible and reasonable, the community service should
be performed in the offender's neighborhood. For purposes
of this Section, "organized gang" has the meaning ascribed
to it in Section 10 of the Illinois Streetgang Terrorism
Omnibus Prevention Act;
(7) if he or she is at least 17 years of age and has
been sentenced to probation or conditional discharge for a
misdemeanor or felony in a county of 3,000,000 or more
inhabitants and has not been previously convicted of a
misdemeanor or felony, may be required by the sentencing
court to attend educational courses designed to prepare the
defendant for a high school diploma and to work toward a
high school diploma or to work toward passing high school
equivalency testing or to work toward completing a
vocational training program approved by the court. The
person on probation or conditional discharge must attend a
public institution of education to obtain the educational
or vocational training required by this clause (7). The
court shall revoke the probation or conditional discharge
of a person who wilfully fails to comply with this clause
(7). The person on probation or conditional discharge shall
be required to pay for the cost of the educational courses

HB4049 Enrolled - 1744 - LRB099 03667 KTG 23678 b
or high school equivalency testing if a fee is charged for
those courses or testing. The court shall resentence the
offender whose probation or conditional discharge has been
revoked as provided in Section 5-6-4. This clause (7) does
not apply to a person who has a high school diploma or has
successfully passed high school equivalency testing. This
clause (7) does not apply to a person who is determined by
the court to be a person with a developmental disability
developmentally disabled or otherwise mentally incapable
of completing the educational or vocational program;
(8) if convicted of possession of a substance
prohibited by the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control
and Community Protection Act after a previous conviction or
disposition of supervision for possession of a substance
prohibited by the Cannabis Control Act or Illinois
Controlled Substances Act or after a sentence of probation
under Section 10 of the Cannabis Control Act, Section 410
of the Illinois Controlled Substances Act, or Section 70 of
the Methamphetamine Control and Community Protection Act
and upon a finding by the court that the person is
addicted, undergo treatment at a substance abuse program
approved by the court;
(8.5) if convicted of a felony sex offense as defined
in the Sex Offender Management Board Act, the person shall
undergo and successfully complete sex offender treatment

HB4049 Enrolled - 1745 - LRB099 03667 KTG 23678 b
by a treatment provider approved by the Board and conducted
in conformance with the standards developed under the Sex
Offender Management Board Act;
(8.6) if convicted of a sex offense as defined in the
Sex Offender Management Board Act, refrain from residing at
the same address or in the same condominium unit or
apartment unit or in the same condominium complex or
apartment complex with another person he or she knows or
reasonably should know is a convicted sex offender or has
been placed on supervision for a sex offense; the
provisions of this paragraph do not apply to a person
convicted of a sex offense who is placed in a Department of
Corrections licensed transitional housing facility for sex
offenders;
(8.7) if convicted for an offense committed on or after
June 1, 2008 (the effective date of Public Act 95-464) that
would qualify the accused as a child sex offender as
defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
1961 or the Criminal Code of 2012, refrain from
communicating with or contacting, by means of the Internet,
a person who is not related to the accused and whom the
accused reasonably believes to be under 18 years of age;
for purposes of this paragraph (8.7), "Internet" has the
meaning ascribed to it in Section 16-0.1 of the Criminal
Code of 2012; and a person is not related to the accused if
the person is not: (i) the spouse, brother, or sister of

HB4049 Enrolled - 1746 - LRB099 03667 KTG 23678 b
the accused; (ii) a descendant of the accused; (iii) a
first or second cousin of the accused; or (iv) a step-child
or adopted child of the accused;
(8.8) if convicted for an offense under Section 11-6,
11-9.1, 11-14.4 that involves soliciting for a juvenile
prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
of the Criminal Code of 1961 or the Criminal Code of 2012,
or any attempt to commit any of these offenses, committed
on or after June 1, 2009 (the effective date of Public Act
95-983):
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the offender's probation officer,
except in connection with the offender's employment or
search for employment with the prior approval of the
offender's probation officer;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's probation
officer, a law enforcement officer, or assigned
computer or information technology specialist,
including the retrieval and copying of all data from
the computer or device and any internal or external
peripherals and removal of such information,
equipment, or device to conduct a more thorough
inspection;

HB4049 Enrolled - 1747 - LRB099 03667 KTG 23678 b
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the offender's probation officer;
(8.9) if convicted of a sex offense as defined in the
Sex Offender Registration Act committed on or after January
1, 2010 (the effective date of Public Act 96-262), refrain
from accessing or using a social networking website as
defined in Section 17-0.5 of the Criminal Code of 2012;
(9) if convicted of a felony or of any misdemeanor
violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
12-3.5 of the Criminal Code of 1961 or the Criminal Code of
2012 that was determined, pursuant to Section 112A-11.1 of
the Code of Criminal Procedure of 1963, to trigger the
prohibitions of 18 U.S.C. 922(g)(9), physically surrender
at a time and place designated by the court, his or her
Firearm Owner's Identification Card and any and all
firearms in his or her possession. The Court shall return
to the Department of State Police Firearm Owner's
Identification Card Office the person's Firearm Owner's
Identification Card;
(10) if convicted of a sex offense as defined in

HB4049 Enrolled - 1748 - LRB099 03667 KTG 23678 b
subsection (a-5) of Section 3-1-2 of this Code, unless the
offender is a parent or guardian of the person under 18
years of age present in the home and no non-familial minors
are present, not participate in a holiday event involving
children under 18 years of age, such as distributing candy
or other items to children on Halloween, wearing a Santa
Claus costume on or preceding Christmas, being employed as
a department store Santa Claus, or wearing an Easter Bunny
costume on or preceding Easter;
(11) if convicted of a sex offense as defined in
Section 2 of the Sex Offender Registration Act committed on
or after January 1, 2010 (the effective date of Public Act
96-362) that requires the person to register as a sex
offender under that Act, may not knowingly use any computer
scrub software on any computer that the sex offender uses;
and
(12) if convicted of a violation of the Methamphetamine
Control and Community Protection Act, the Methamphetamine
Precursor Control Act, or a methamphetamine related
offense:
(A) prohibited from purchasing, possessing, or
having under his or her control any product containing
pseudoephedrine unless prescribed by a physician; and
(B) prohibited from purchasing, possessing, or
having under his or her control any product containing
ammonium nitrate.

HB4049 Enrolled - 1749 - LRB099 03667 KTG 23678 b
(b) The Court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the Court require that
the person:
(1) serve a term of periodic imprisonment under Article
7 for a period not to exceed that specified in paragraph
(d) of Section 5-7-1;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his dependents;
(7) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his own support at home or in a
foster home;
(v) with the consent of the superintendent of the
facility, attend an educational program at a facility
other than the school in which the offense was
committed if he or she is convicted of a crime of

HB4049 Enrolled - 1750 - LRB099 03667 KTG 23678 b
violence as defined in Section 2 of the Crime Victims
Compensation Act committed in a school, on the real
property comprising a school, or within 1,000 feet of
the real property comprising a school;
(8) make restitution as provided in Section 5-5-6 of
this Code;
(9) perform some reasonable public or community
service;
(10) serve a term of home confinement. In addition to
any other applicable condition of probation or conditional
discharge, the conditions of home confinement shall be that
the offender:
(i) remain within the interior premises of the
place designated for his confinement during the hours
designated by the court;
(ii) admit any person or agent designated by the
court into the offender's place of confinement at any
time for purposes of verifying the offender's
compliance with the conditions of his confinement; and
(iii) if further deemed necessary by the court or
the Probation or Court Services Department, be placed
on an approved electronic monitoring device, subject
to Article 8A of Chapter V;
(iv) for persons convicted of any alcohol,
cannabis or controlled substance violation who are
placed on an approved monitoring device as a condition

HB4049 Enrolled - 1751 - LRB099 03667 KTG 23678 b
of probation or conditional discharge, the court shall
impose a reasonable fee for each day of the use of the
device, as established by the county board in
subsection (g) of this Section, unless after
determining the inability of the offender to pay the
fee, the court assesses a lesser fee or no fee as the
case may be. This fee shall be imposed in addition to
the fees imposed under subsections (g) and (i) of this
Section. The fee shall be collected by the clerk of the
circuit court. The clerk of the circuit court shall pay
all monies collected from this fee to the county
treasurer for deposit in the substance abuse services
fund under Section 5-1086.1 of the Counties Code; and
(v) for persons convicted of offenses other than
those referenced in clause (iv) above and who are
placed on an approved monitoring device as a condition
of probation or conditional discharge, the court shall
impose a reasonable fee for each day of the use of the
device, as established by the county board in
subsection (g) of this Section, unless after
determining the inability of the defendant to pay the
fee, the court assesses a lesser fee or no fee as the
case may be. This fee shall be imposed in addition to
the fees imposed under subsections (g) and (i) of this
Section. The fee shall be collected by the clerk of the
circuit court. The clerk of the circuit court shall pay

HB4049 Enrolled - 1752 - LRB099 03667 KTG 23678 b
all monies collected from this fee to the county
treasurer who shall use the monies collected to defray
the costs of corrections. The county treasurer shall
deposit the fee collected in the probation and court
services fund.
(11) comply with the terms and conditions of an order
of protection issued by the court pursuant to the Illinois
Domestic Violence Act of 1986, as now or hereafter amended,
or an order of protection issued by the court of another
state, tribe, or United States territory. A copy of the
order of protection shall be transmitted to the probation
officer or agency having responsibility for the case;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council Act
for any reasonable expenses incurred by the program on the
offender's case, not to exceed the maximum amount of the
fine authorized for the offense for which the defendant was
sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, (i) to a
"local anti-crime program", as defined in Section 7 of the
Anti-Crime Advisory Council Act, or (ii) for offenses under
the jurisdiction of the Department of Natural Resources, to
the fund established by the Department of Natural Resources
for the purchase of evidence for investigation purposes and

HB4049 Enrolled - 1753 - LRB099 03667 KTG 23678 b
to conduct investigations as outlined in Section 805-105 of
the Department of Natural Resources (Conservation) Law;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a
probation officer, if the defendant has been placed on
probation or advance approval by the court, if the
defendant was placed on conditional discharge;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of his
or her blood or urine or both for tests to determine the
presence of any illicit drug;
(17) if convicted for an offense committed on or after
June 1, 2008 (the effective date of Public Act 95-464) that
would qualify the accused as a child sex offender as
defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
1961 or the Criminal Code of 2012, refrain from

HB4049 Enrolled - 1754 - LRB099 03667 KTG 23678 b
communicating with or contacting, by means of the Internet,
a person who is related to the accused and whom the accused
reasonably believes to be under 18 years of age; for
purposes of this paragraph (17), "Internet" has the meaning
ascribed to it in Section 16-0.1 of the Criminal Code of
2012; and a person is related to the accused if the person
is: (i) the spouse, brother, or sister of the accused; (ii)
a descendant of the accused; (iii) a first or second cousin
of the accused; or (iv) a step-child or adopted child of
the accused;
(18) if convicted for an offense committed on or after
June 1, 2009 (the effective date of Public Act 95-983) that
would qualify as a sex offense as defined in the Sex
Offender Registration Act:
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the offender's probation officer,
except in connection with the offender's employment or
search for employment with the prior approval of the
offender's probation officer;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's probation
officer, a law enforcement officer, or assigned
computer or information technology specialist,
including the retrieval and copying of all data from

HB4049 Enrolled - 1755 - LRB099 03667 KTG 23678 b
the computer or device and any internal or external
peripherals and removal of such information,
equipment, or device to conduct a more thorough
inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
subject's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the offender's probation officer; and
(19) refrain from possessing a firearm or other
dangerous weapon where the offense is a misdemeanor that
did not involve the intentional or knowing infliction of
bodily harm or threat of bodily harm.
(c) The court may as a condition of probation or of
conditional discharge require that a person under 18 years of
age found guilty of any alcohol, cannabis or controlled
substance violation, refrain from acquiring a driver's license
during the period of probation or conditional discharge. If
such person is in possession of a permit or license, the court
may require that the minor refrain from driving or operating
any motor vehicle during the period of probation or conditional
discharge, except as may be necessary in the course of the
minor's lawful employment.

HB4049 Enrolled - 1756 - LRB099 03667 KTG 23678 b
(d) An offender sentenced to probation or to conditional
discharge shall be given a certificate setting forth the
conditions thereof.
(e) Except where the offender has committed a fourth or
subsequent violation of subsection (c) of Section 6-303 of the
Illinois Vehicle Code, the court shall not require as a
condition of the sentence of probation or conditional discharge
that the offender be committed to a period of imprisonment in
excess of 6 months. This 6 month limit shall not include
periods of confinement given pursuant to a sentence of county
impact incarceration under Section 5-8-1.2.
Persons committed to imprisonment as a condition of
probation or conditional discharge shall not be committed to
the Department of Corrections.
(f) The court may combine a sentence of periodic
imprisonment under Article 7 or a sentence to a county impact
incarceration program under Article 8 with a sentence of
probation or conditional discharge.
(g) An offender sentenced to probation or to conditional
discharge and who during the term of either undergoes mandatory
drug or alcohol testing, or both, or is assigned to be placed
on an approved electronic monitoring device, shall be ordered
to pay all costs incidental to such mandatory drug or alcohol
testing, or both, and all costs incidental to such approved
electronic monitoring in accordance with the defendant's
ability to pay those costs. The county board with the

HB4049 Enrolled - 1757 - LRB099 03667 KTG 23678 b
concurrence of the Chief Judge of the judicial circuit in which
the county is located shall establish reasonable fees for the
cost of maintenance, testing, and incidental expenses related
to the mandatory drug or alcohol testing, or both, and all
costs incidental to approved electronic monitoring, involved
in a successful probation program for the county. The
concurrence of the Chief Judge shall be in the form of an
administrative order. The fees shall be collected by the clerk
of the circuit court. The clerk of the circuit court shall pay
all moneys collected from these fees to the county treasurer
who shall use the moneys collected to defray the costs of drug
testing, alcohol testing, and electronic monitoring. The
county treasurer shall deposit the fees collected in the county
working cash fund under Section 6-27001 or Section 6-29002 of
the Counties Code, as the case may be.
(h) Jurisdiction over an offender may be transferred from
the sentencing court to the court of another circuit with the
concurrence of both courts. Further transfers or retransfers of
jurisdiction are also authorized in the same manner. The court
to which jurisdiction has been transferred shall have the same
powers as the sentencing court. The probation department within
the circuit to which jurisdiction has been transferred, or
which has agreed to provide supervision, may impose probation
fees upon receiving the transferred offender, as provided in
subsection (i). For all transfer cases, as defined in Section
9b of the Probation and Probation Officers Act, the probation

HB4049 Enrolled - 1758 - LRB099 03667 KTG 23678 b
department from the original sentencing court shall retain all
probation fees collected prior to the transfer. After the
transfer all probation fees shall be paid to the probation
department within the circuit to which jurisdiction has been
transferred.
(i) The court shall impose upon an offender sentenced to
probation after January 1, 1989 or to conditional discharge
after January 1, 1992 or to community service under the
supervision of a probation or court services department after
January 1, 2004, as a condition of such probation or
conditional discharge or supervised community service, a fee of
$50 for each month of probation or conditional discharge
supervision or supervised community service ordered by the
court, unless after determining the inability of the person
sentenced to probation or conditional discharge or supervised
community service to pay the fee, the court assesses a lesser
fee. The court may not impose the fee on a minor who is made a
ward of the State under the Juvenile Court Act of 1987 while
the minor is in placement. The fee shall be imposed only upon
an offender who is actively supervised by the probation and
court services department. The fee shall be collected by the
clerk of the circuit court. The clerk of the circuit court
shall pay all monies collected from this fee to the county
treasurer for deposit in the probation and court services fund
under Section 15.1 of the Probation and Probation Officers Act.
A circuit court may not impose a probation fee under this

HB4049 Enrolled - 1759 - LRB099 03667 KTG 23678 b
subsection (i) in excess of $25 per month unless the circuit
court has adopted, by administrative order issued by the chief
judge, a standard probation fee guide determining an offender's
ability to pay Of the amount collected as a probation fee, up
to $5 of that fee collected per month may be used to provide
services to crime victims and their families.
The Court may only waive probation fees based on an
offender's ability to pay. The probation department may
re-evaluate an offender's ability to pay every 6 months, and,
with the approval of the Director of Court Services or the
Chief Probation Officer, adjust the monthly fee amount. An
offender may elect to pay probation fees due in a lump sum. Any
offender that has been assigned to the supervision of a
probation department, or has been transferred either under
subsection (h) of this Section or under any interstate compact,
shall be required to pay probation fees to the department
supervising the offender, based on the offender's ability to
pay.
This amendatory Act of the 93rd General Assembly deletes
the $10 increase in the fee under this subsection that was
imposed by Public Act 93-616. This deletion is intended to
control over any other Act of the 93rd General Assembly that
retains or incorporates that fee increase.
(i-5) In addition to the fees imposed under subsection (i)
of this Section, in the case of an offender convicted of a
felony sex offense (as defined in the Sex Offender Management

HB4049 Enrolled - 1760 - LRB099 03667 KTG 23678 b
Board Act) or an offense that the court or probation department
has determined to be sexually motivated (as defined in the Sex
Offender Management Board Act), the court or the probation
department shall assess additional fees to pay for all costs of
treatment, assessment, evaluation for risk and treatment, and
monitoring the offender, based on that offender's ability to
pay those costs either as they occur or under a payment plan.
(j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and any
violation of the Child Passenger Protection Act, or a similar
provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
(k) Any offender who is sentenced to probation or
conditional discharge for a felony sex offense as defined in
the Sex Offender Management Board Act or any offense that the
court or probation department has determined to be sexually
motivated as defined in the Sex Offender Management Board Act
shall be required to refrain from any contact, directly or
indirectly, with any persons specified by the court and shall
be available for all evaluations and treatment programs
required by the court or the probation department.
(l) The court may order an offender who is sentenced to
probation or conditional discharge for a violation of an order
of protection be placed under electronic surveillance as

HB4049 Enrolled - 1761 - LRB099 03667 KTG 23678 b
provided in Section 5-8A-7 of this Code.
(Source: P.A. 97-454, eff. 1-1-12; 97-560, eff. 1-1-12; 97-597,
eff. 1-1-12; 97-1109, eff. 1-1-13; 97-1131, eff. 1-1-13;
97-1150, eff. 1-25-13; 98-575, eff. 1-1-14; 98-718, eff.
1-1-15.)
(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
Sec. 5-6-3.1. Incidents and Conditions of Supervision.
(a) When a defendant is placed on supervision, the court
shall enter an order for supervision specifying the period of
such supervision, and shall defer further proceedings in the
case until the conclusion of the period.
(b) The period of supervision shall be reasonable under all
of the circumstances of the case, but may not be longer than 2
years, unless the defendant has failed to pay the assessment
required by Section 10.3 of the Cannabis Control Act, Section
411.2 of the Illinois Controlled Substances Act, or Section 80
of the Methamphetamine Control and Community Protection Act, in
which case the court may extend supervision beyond 2 years.
Additionally, the court shall order the defendant to perform no
less than 30 hours of community service and not more than 120
hours of community service, if community service is available
in the jurisdiction and is funded and approved by the county
board where the offense was committed, when the offense (1) was
related to or in furtherance of the criminal activities of an
organized gang or was motivated by the defendant's membership

HB4049 Enrolled - 1762 - LRB099 03667 KTG 23678 b
in or allegiance to an organized gang; or (2) is a violation of
any Section of Article 24 of the Criminal Code of 1961 or the
Criminal Code of 2012 where a disposition of supervision is not
prohibited by Section 5-6-1 of this Code. The community service
shall include, but not be limited to, the cleanup and repair of
any damage caused by violation of Section 21-1.3 of the
Criminal Code of 1961 or the Criminal Code of 2012 and similar
damages to property located within the municipality or county
in which the violation occurred. Where possible and reasonable,
the community service should be performed in the offender's
neighborhood.
For the purposes of this Section, "organized gang" has the
meaning ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(c) The court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the court require that
the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the order
of supervision;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;

HB4049 Enrolled - 1763 - LRB099 03667 KTG 23678 b
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his dependents;
(7) refrain from possessing a firearm or other
dangerous weapon;
(8) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his own support at home or in a
foster home; or
(v) with the consent of the superintendent of the
facility, attend an educational program at a facility
other than the school in which the offense was
committed if he or she is placed on supervision for a
crime of violence as defined in Section 2 of the Crime
Victims Compensation Act committed in a school, on the
real property comprising a school, or within 1,000 feet
of the real property comprising a school;
(9) make restitution or reparation in an amount not to
exceed actual loss or damage to property and pecuniary loss
or make restitution under Section 5-5-6 to a domestic
violence shelter. The court shall determine the amount and
conditions of payment;

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(10) perform some reasonable public or community
service;
(11) comply with the terms and conditions of an order
of protection issued by the court pursuant to the Illinois
Domestic Violence Act of 1986 or an order of protection
issued by the court of another state, tribe, or United
States territory. If the court has ordered the defendant to
make a report and appear in person under paragraph (1) of
this subsection, a copy of the order of protection shall be
transmitted to the person or agency so designated by the
court;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council Act
for any reasonable expenses incurred by the program on the
offender's case, not to exceed the maximum amount of the
fine authorized for the offense for which the defendant was
sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, (i) to a
"local anti-crime program", as defined in Section 7 of the
Anti-Crime Advisory Council Act, or (ii) for offenses under
the jurisdiction of the Department of Natural Resources, to
the fund established by the Department of Natural Resources
for the purchase of evidence for investigation purposes and
to conduct investigations as outlined in Section 805-105 of

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the Department of Natural Resources (Conservation) Law;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a
probation officer;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of person, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of his
or her blood or urine or both for tests to determine the
presence of any illicit drug;
(17) refrain from operating any motor vehicle not
equipped with an ignition interlock device as defined in
Section 1-129.1 of the Illinois Vehicle Code; under this
condition the court may allow a defendant who is not
self-employed to operate a vehicle owned by the defendant's
employer that is not equipped with an ignition interlock
device in the course and scope of the defendant's
employment; and

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(18) if placed on supervision for a sex offense as
defined in subsection (a-5) of Section 3-1-2 of this Code,
unless the offender is a parent or guardian of the person
under 18 years of age present in the home and no
non-familial minors are present, not participate in a
holiday event involving children under 18 years of age,
such as distributing candy or other items to children on
Halloween, wearing a Santa Claus costume on or preceding
Christmas, being employed as a department store Santa
Claus, or wearing an Easter Bunny costume on or preceding
Easter.
(c-5) If payment of restitution as ordered has not been
made, the victim shall file a petition notifying the sentencing
court, any other person to whom restitution is owed, and the
State's Attorney of the status of the ordered restitution
payments unpaid at least 90 days before the supervision
expiration date. If payment as ordered has not been made, the
court shall hold a review hearing prior to the expiration date,
unless the hearing is voluntarily waived by the defendant with
the knowledge that waiver may result in an extension of the
supervision period or in a revocation of supervision. If the
court does not extend supervision, it shall issue a judgment
for the unpaid restitution and direct the clerk of the circuit
court to file and enter the judgment in the judgment and lien
docket, without fee, unless it finds that the victim has
recovered a judgment against the defendant for the amount

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covered by the restitution order. If the court issues a
judgment for the unpaid restitution, the court shall send to
the defendant at his or her last known address written
notification that a civil judgment has been issued for the
unpaid restitution.
(d) The court shall defer entering any judgment on the
charges until the conclusion of the supervision.
(e) At the conclusion of the period of supervision, if the
court determines that the defendant has successfully complied
with all of the conditions of supervision, the court shall
discharge the defendant and enter a judgment dismissing the
charges.
(f) Discharge and dismissal upon a successful conclusion of
a disposition of supervision shall be deemed without
adjudication of guilt and shall not be termed a conviction for
purposes of disqualification or disabilities imposed by law
upon conviction of a crime. Two years after the discharge and
dismissal under this Section, unless the disposition of
supervision was for a violation of Sections 3-707, 3-708,
3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, or for a violation of
Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961
or the Criminal Code of 2012, in which case it shall be 5 years
after discharge and dismissal, a person may have his record of
arrest sealed or expunged as may be provided by law. However,
any defendant placed on supervision before January 1, 1980, may

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move for sealing or expungement of his arrest record, as
provided by law, at any time after discharge and dismissal
under this Section. A person placed on supervision for a sexual
offense committed against a minor as defined in clause
(a)(1)(L) of Section 5.2 of the Criminal Identification Act or
for a violation of Section 11-501 of the Illinois Vehicle Code
or a similar provision of a local ordinance shall not have his
or her record of arrest sealed or expunged.
(g) A defendant placed on supervision and who during the
period of supervision undergoes mandatory drug or alcohol
testing, or both, or is assigned to be placed on an approved
electronic monitoring device, shall be ordered to pay the costs
incidental to such mandatory drug or alcohol testing, or both,
and costs incidental to such approved electronic monitoring in
accordance with the defendant's ability to pay those costs. The
county board with the concurrence of the Chief Judge of the
judicial circuit in which the county is located shall establish
reasonable fees for the cost of maintenance, testing, and
incidental expenses related to the mandatory drug or alcohol
testing, or both, and all costs incidental to approved
electronic monitoring, of all defendants placed on
supervision. The concurrence of the Chief Judge shall be in the
form of an administrative order. The fees shall be collected by
the clerk of the circuit court. The clerk of the circuit court
shall pay all moneys collected from these fees to the county
treasurer who shall use the moneys collected to defray the

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costs of drug testing, alcohol testing, and electronic
monitoring. The county treasurer shall deposit the fees
collected in the county working cash fund under Section 6-27001
or Section 6-29002 of the Counties Code, as the case may be.
(h) A disposition of supervision is a final order for the
purposes of appeal.
(i) The court shall impose upon a defendant placed on
supervision after January 1, 1992 or to community service under
the supervision of a probation or court services department
after January 1, 2004, as a condition of supervision or
supervised community service, a fee of $50 for each month of
supervision or supervised community service ordered by the
court, unless after determining the inability of the person
placed on supervision or supervised community service to pay
the fee, the court assesses a lesser fee. The court may not
impose the fee on a minor who is made a ward of the State under
the Juvenile Court Act of 1987 while the minor is in placement.
The fee shall be imposed only upon a defendant who is actively
supervised by the probation and court services department. The
fee shall be collected by the clerk of the circuit court. The
clerk of the circuit court shall pay all monies collected from
this fee to the county treasurer for deposit in the probation
and court services fund pursuant to Section 15.1 of the
Probation and Probation Officers Act.
A circuit court may not impose a probation fee in excess of
$25 per month unless the circuit court has adopted, by

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administrative order issued by the chief judge, a standard
probation fee guide determining an offender's ability to pay.
Of the amount collected as a probation fee, not to exceed $5 of
that fee collected per month may be used to provide services to
crime victims and their families.
The Court may only waive probation fees based on an
offender's ability to pay. The probation department may
re-evaluate an offender's ability to pay every 6 months, and,
with the approval of the Director of Court Services or the
Chief Probation Officer, adjust the monthly fee amount. An
offender may elect to pay probation fees due in a lump sum. Any
offender that has been assigned to the supervision of a
probation department, or has been transferred either under
subsection (h) of this Section or under any interstate compact,
shall be required to pay probation fees to the department
supervising the offender, based on the offender's ability to
pay.
(j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and any
violation of the Child Passenger Protection Act, or a similar
provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
(k) A defendant at least 17 years of age who is placed on
supervision for a misdemeanor in a county of 3,000,000 or more

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inhabitants and who has not been previously convicted of a
misdemeanor or felony may as a condition of his or her
supervision be required by the court to attend educational
courses designed to prepare the defendant for a high school
diploma and to work toward a high school diploma or to work
toward passing high school equivalency testing or to work
toward completing a vocational training program approved by the
court. The defendant placed on supervision must attend a public
institution of education to obtain the educational or
vocational training required by this subsection (k). The
defendant placed on supervision shall be required to pay for
the cost of the educational courses or high school equivalency
testing if a fee is charged for those courses or testing. The
court shall revoke the supervision of a person who wilfully
fails to comply with this subsection (k). The court shall
resentence the defendant upon revocation of supervision as
provided in Section 5-6-4. This subsection (k) does not apply
to a defendant who has a high school diploma or has
successfully passed high school equivalency testing. This
subsection (k) does not apply to a defendant who is determined
by the court to be a person with a developmental disability
developmentally disabled or otherwise mentally incapable of
completing the educational or vocational program.
(l) The court shall require a defendant placed on
supervision for possession of a substance prohibited by the
Cannabis Control Act, the Illinois Controlled Substances Act,

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or the Methamphetamine Control and Community Protection Act
after a previous conviction or disposition of supervision for
possession of a substance prohibited by the Cannabis Control
Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act or a
sentence of probation under Section 10 of the Cannabis Control
Act or Section 410 of the Illinois Controlled Substances Act
and after a finding by the court that the person is addicted,
to undergo treatment at a substance abuse program approved by
the court.
(m) The Secretary of State shall require anyone placed on
court supervision for a violation of Section 3-707 of the
Illinois Vehicle Code or a similar provision of a local
ordinance to give proof of his or her financial responsibility
as defined in Section 7-315 of the Illinois Vehicle Code. The
proof shall be maintained by the individual in a manner
satisfactory to the Secretary of State for a minimum period of
3 years after the date the proof is first filed. The proof
shall be limited to a single action per arrest and may not be
affected by any post-sentence disposition. The Secretary of
State shall suspend the driver's license of any person
determined by the Secretary to be in violation of this
subsection.
(n) Any offender placed on supervision for any offense that
the court or probation department has determined to be sexually
motivated as defined in the Sex Offender Management Board Act

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shall be required to refrain from any contact, directly or
indirectly, with any persons specified by the court and shall
be available for all evaluations and treatment programs
required by the court or the probation department.
(o) An offender placed on supervision for a sex offense as
defined in the Sex Offender Management Board Act shall refrain
from residing at the same address or in the same condominium
unit or apartment unit or in the same condominium complex or
apartment complex with another person he or she knows or
reasonably should know is a convicted sex offender or has been
placed on supervision for a sex offense. The provisions of this
subsection (o) do not apply to a person convicted of a sex
offense who is placed in a Department of Corrections licensed
transitional housing facility for sex offenders.
(p) An offender placed on supervision for an offense
committed on or after June 1, 2008 (the effective date of
Public Act 95-464) that would qualify the accused as a child
sex offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961 or the Criminal Code of 2012 shall
refrain from communicating with or contacting, by means of the
Internet, a person who is not related to the accused and whom
the accused reasonably believes to be under 18 years of age.
For purposes of this subsection (p), "Internet" has the meaning
ascribed to it in Section 16-0.1 of the Criminal Code of 2012;
and a person is not related to the accused if the person is
not: (i) the spouse, brother, or sister of the accused; (ii) a

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descendant of the accused; (iii) a first or second cousin of
the accused; or (iv) a step-child or adopted child of the
accused.
(q) An offender placed on supervision for an offense
committed on or after June 1, 2008 (the effective date of
Public Act 95-464) that would qualify the accused as a child
sex offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961 or the Criminal Code of 2012 shall, if so
ordered by the court, refrain from communicating with or
contacting, by means of the Internet, a person who is related
to the accused and whom the accused reasonably believes to be
under 18 years of age. For purposes of this subsection (q),
"Internet" has the meaning ascribed to it in Section 16-0.1 of
the Criminal Code of 2012; and a person is related to the
accused if the person is: (i) the spouse, brother, or sister of
the accused; (ii) a descendant of the accused; (iii) a first or
second cousin of the accused; or (iv) a step-child or adopted
child of the accused.
(r) An offender placed on supervision for an offense under
Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a
juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
11-21 of the Criminal Code of 1961 or the Criminal Code of
2012, or any attempt to commit any of these offenses, committed
on or after the effective date of this amendatory Act of the
95th General Assembly shall:
(i) not access or use a computer or any other device

HB4049 Enrolled - 1775 - LRB099 03667 KTG 23678 b
with Internet capability without the prior written
approval of the court, except in connection with the
offender's employment or search for employment with the
prior approval of the court;
(ii) submit to periodic unannounced examinations of
the offender's computer or any other device with Internet
capability by the offender's probation officer, a law
enforcement officer, or assigned computer or information
technology specialist, including the retrieval and copying
of all data from the computer or device and any internal or
external peripherals and removal of such information,
equipment, or device to conduct a more thorough inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a computer or
any other device with Internet capability imposed by the
court.
(s) An offender placed on supervision for an offense that
is a sex offense as defined in Section 2 of the Sex Offender
Registration Act that is committed on or after January 1, 2010
(the effective date of Public Act 96-362) that requires the
person to register as a sex offender under that Act, may not
knowingly use any computer scrub software on any computer that

HB4049 Enrolled - 1776 - LRB099 03667 KTG 23678 b
the sex offender uses.
(t) An offender placed on supervision for a sex offense as
defined in the Sex Offender Registration Act committed on or
after January 1, 2010 (the effective date of Public Act 96-262)
shall refrain from accessing or using a social networking
website as defined in Section 17-0.5 of the Criminal Code of
2012.
(u) Jurisdiction over an offender may be transferred from
the sentencing court to the court of another circuit with the
concurrence of both courts. Further transfers or retransfers of
jurisdiction are also authorized in the same manner. The court
to which jurisdiction has been transferred shall have the same
powers as the sentencing court. The probation department within
the circuit to which jurisdiction has been transferred may
impose probation fees upon receiving the transferred offender,
as provided in subsection (i). The probation department from
the original sentencing court shall retain all probation fees
collected prior to the transfer.
(Source: P.A. 97-454, eff. 1-1-12; 97-597, eff. 1-1-12;
97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-718, eff.
1-1-15; 98-940, eff. 1-1-15; revised 10-1-14.)
(730 ILCS 5/5-7-1) (from Ch. 38, par. 1005-7-1)
Sec. 5-7-1. Sentence of Periodic Imprisonment.
(a) A sentence of periodic imprisonment is a sentence of
imprisonment during which the committed person may be released

HB4049 Enrolled - 1777 - LRB099 03667 KTG 23678 b
for periods of time during the day or night or for periods of
days, or both, or if convicted of a felony, other than first
degree murder, a Class X or Class 1 felony, committed to any
county, municipal, or regional correctional or detention
institution or facility in this State for such periods of time
as the court may direct. Unless the court orders otherwise, the
particular times and conditions of release shall be determined
by the Department of Corrections, the sheriff, or the
Superintendent of the house of corrections, who is
administering the program.
(b) A sentence of periodic imprisonment may be imposed to
permit the defendant to:
(1) seek employment;
(2) work;
(3) conduct a business or other self-employed
occupation including housekeeping;
(4) attend to family needs;
(5) attend an educational institution, including
vocational education;
(6) obtain medical or psychological treatment;
(7) perform work duties at a county, municipal, or
regional correctional or detention institution or
facility;
(8) continue to reside at home with or without
supervision involving the use of an approved electronic
monitoring device, subject to Article 8A of Chapter V; or

HB4049 Enrolled - 1778 - LRB099 03667 KTG 23678 b
(9) for any other purpose determined by the court.
(c) Except where prohibited by other provisions of this
Code, the court may impose a sentence of periodic imprisonment
for a felony or misdemeanor on a person who is 17 years of age
or older. The court shall not impose a sentence of periodic
imprisonment if it imposes a sentence of imprisonment upon the
defendant in excess of 90 days.
(d) A sentence of periodic imprisonment shall be for a
definite term of from 3 to 4 years for a Class 1 felony, 18 to
30 months for a Class 2 felony, and up to 18 months, or the
longest sentence of imprisonment that could be imposed for the
offense, whichever is less, for all other offenses; however, no
person shall be sentenced to a term of periodic imprisonment
longer than one year if he is committed to a county
correctional institution or facility, and in conjunction with
that sentence participate in a county work release program
comparable to the work and day release program provided for in
Article 13 of the Unified Code of Corrections in State
facilities. The term of the sentence shall be calculated upon
the basis of the duration of its term rather than upon the
basis of the actual days spent in confinement. No sentence of
periodic imprisonment shall be subject to the good time credit
provisions of Section 3-6-3 of this Code.
(e) When the court imposes a sentence of periodic
imprisonment, it shall state:
(1) the term of such sentence;

HB4049 Enrolled - 1779 - LRB099 03667 KTG 23678 b
(2) the days or parts of days which the defendant is to
be confined;
(3) the conditions.
(f) The court may issue an order of protection pursuant to
the Illinois Domestic Violence Act of 1986 as a condition of a
sentence of periodic imprisonment. The Illinois Domestic
Violence Act of 1986 shall govern the issuance, enforcement and
recording of orders of protection issued under this Section. A
copy of the order of protection shall be transmitted to the
person or agency having responsibility for the case.
(f-5) An offender sentenced to a term of periodic
imprisonment for a felony sex offense as defined in the Sex
Offender Management Board Act shall be required to undergo and
successfully complete sex offender treatment by a treatment
provider approved by the Board and conducted in conformance
with the standards developed under the Sex Offender Management
Board Act.
(g) An offender sentenced to periodic imprisonment who
undergoes mandatory drug or alcohol testing, or both, or is
assigned to be placed on an approved electronic monitoring
device, shall be ordered to pay the costs incidental to such
mandatory drug or alcohol testing, or both, and costs
incidental to such approved electronic monitoring in
accordance with the defendant's ability to pay those costs. The
county board with the concurrence of the Chief Judge of the
judicial circuit in which the county is located shall establish

HB4049 Enrolled - 1780 - LRB099 03667 KTG 23678 b
reasonable fees for the cost of maintenance, testing, and
incidental expenses related to the mandatory drug or alcohol
testing, or both, and all costs incidental to approved
electronic monitoring, of all offenders with a sentence of
periodic imprisonment. The concurrence of the Chief Judge shall
be in the form of an administrative order. The fees shall be
collected by the clerk of the circuit court. The clerk of the
circuit court shall pay all moneys collected from these fees to
the county treasurer who shall use the moneys collected to
defray the costs of drug testing, alcohol testing, and
electronic monitoring. The county treasurer shall deposit the
fees collected in the county working cash fund under Section
6-27001 or Section 6-29002 of the Counties Code, as the case
may be.
(h) All fees and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and any
violation of the Child Passenger Protection Act, or a similar
provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
(i) A defendant at least 17 years of age who is convicted
of a misdemeanor or felony in a county of 3,000,000 or more
inhabitants and who has not been previously convicted of a
misdemeanor or a felony and who is sentenced to a term of
periodic imprisonment may as a condition of his or her sentence

HB4049 Enrolled - 1781 - LRB099 03667 KTG 23678 b
be required by the court to attend educational courses designed
to prepare the defendant for a high school diploma and to work
toward receiving a high school diploma or to work toward
passing high school equivalency testing or to work toward
completing a vocational training program approved by the court.
The defendant sentenced to periodic imprisonment must attend a
public institution of education to obtain the educational or
vocational training required by this subsection (i). The
defendant sentenced to a term of periodic imprisonment shall be
required to pay for the cost of the educational courses or high
school equivalency testing if a fee is charged for those
courses or testing. The court shall revoke the sentence of
periodic imprisonment of the defendant who wilfully fails to
comply with this subsection (i). The court shall resentence the
defendant whose sentence of periodic imprisonment has been
revoked as provided in Section 5-7-2. This subsection (i) does
not apply to a defendant who has a high school diploma or has
successfully passed high school equivalency testing. This
subsection (i) does not apply to a defendant who is determined
by the court to be a person with a developmental disability
developmentally disabled or otherwise mentally incapable of
completing the educational or vocational program.
(Source: P.A. 98-718, eff. 1-1-15.)
Section 915. The Code of Civil Procedure is amended by
changing Section 13-114 as follows:

HB4049 Enrolled - 1782 - LRB099 03667 KTG 23678 b
(735 ILCS 5/13-114) (from Ch. 110, par. 13-114)
Sec. 13-114. Seventy-five year limitation. No deed, will,
estate, proof of heirship, plat, affidavit or other instrument
or document, or any court proceeding, order or judgment, or any
agreement, written or unwritten, sealed or unsealed, or any
fact, event, or statement, or any part or copy of any of the
foregoing, relating to or affecting the title to real estate in
the State of Illinois, which happened, was administered, or was
executed, dated, delivered, recorded or entered into more than
75 years prior to July 1, 1872, or such subsequent date as the
same is offered, presented, urged, claimed, asserted, or
appears against any person hereafter becoming interested in the
title to any real estate, or to any agent or attorney thereof,
shall adversely to the party or parties hereafter coming into
possession of such real estate under claim or color of title or
persons claiming under him, her or them, constitute notice,
either actual or constructive of any right, title, interest or
claim in and to such real estate, or any part thereof, or be,
or be considered to be evidence or admissible in evidence or be
held or urged to make any title unmarketable in part or in
whole, or be required or allowed to be alleged or proved as a
basis for any action, or any statutory proceeding affecting
directly or indirectly the title to such real estate.
The limitation of this Section, however, shall be deferred
from and after the expiration of such 75 year period for an

HB4049 Enrolled - 1783 - LRB099 03667 KTG 23678 b
additional period of 10 years, if a claim in writing in and to
real estate therein particularly described, incorporating the
terms or substance of any such deed, will, estate, proof of
heirship, plat, affidavit, or other instrument or document, or
any court proceeding, order or judgment or any agreement,
written or unwritten, sealed or unsealed, or any fact, event or
statement, or any part or copy thereof in such claim, is filed
in the office of the recorder in the county or counties in
which such real estate is located:
1. within 3 years prior to the expiration of such 75 year
period; or
2. after the expiration of such 75 year period, by a minor
or a claimant under a legal disability who became under such
disability during such 75 year period and within 2 years after
the disability of such minor or of the claimant a under legal
disability has been removed; or
3. after the expiration of such 75 year period, by a
guardian of a minor or person who was determined by a court to
be under a legal disability became legally disabled during such
75 year period and within 2 years after such guardian has been
appointed for such minor or person under a legal disability.
The provisions of this Section shall not apply to or
operate against the United States of America or the State of
Illinois or any other state of the United States of America; or
as to real estate held for a public purpose by any municipality
or other political subdivision of the State of Illinois; or

HB4049 Enrolled - 1784 - LRB099 03667 KTG 23678 b
against any person under whom the party or parties in
possession during the period herein permitted for reassertion
of title claim by lease or other privity of contract; or
against any person who during the entire period herein
permitted for reassertion of title, or prior thereto, has not
had the right to sue for and protect his or her claim, interest
or title.
(Source: P.A. 83-1362.)
Section 920. The Crime Victims Compensation Act is amended
by changing Section 6.1 as follows:
(740 ILCS 45/6.1) (from Ch. 70, par. 76.1)
Sec. 6.1. Right to compensation. A person is entitled to
compensation under this Act if:
(a) Within 2 years of the occurrence of the crime, or
within one year after a criminal charge of a person for an
offense, upon which the claim is based, he files an
application, under oath, with the Court of Claims and on a
form prescribed in accordance with Section 7.1 furnished by
the Attorney General. If the person entitled to
compensation is under 18 years of age or under other legal
disability at the time of the occurrence or is determined
by a court to be under a legal disability becomes legally
disabled as a result of the occurrence, he may file the
application required by this subsection within 2 years

HB4049 Enrolled - 1785 - LRB099 03667 KTG 23678 b
after he attains the age of 18 years or the disability is
removed, as the case may be. Legal disability includes a
diagnosis of posttraumatic stress disorder.
(b) For all crimes of violence, except those listed in
subsection (b-1) of this Section, the appropriate law
enforcement officials were notified within 72 hours of the
perpetration of the crime allegedly causing the death or
injury to the victim or, in the event such notification was
made more than 72 hours after the perpetration of the
crime, the applicant establishes that such notice was
timely under the circumstances.
(b-1) For victims of offenses defined in Sections
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
12-14.1, 12-15, and 12-16 of the Criminal Code of 1961 or
the Criminal Code of 2012, the appropriate law enforcement
officials were notified within 7 days of the perpetration
of the crime allegedly causing death or injury to the
victim or, in the event that the notification was made more
than 7 days after the perpetration of the crime, the
applicant establishes that the notice was timely under the
circumstances. If the applicant or victim has obtained an
order of protection, a civil no contact order, or a
stalking no contact order, or has presented himself or
herself to a hospital for sexual assault evidence
collection and medical care, such action shall constitute
appropriate notification under this subsection (b-1) or

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subsection (b) of this Section.
(c) The applicant has cooperated with law enforcement
officials in the apprehension and prosecution of the
assailant. If the applicant or victim has obtained an order
of protection, a civil no contact order, or a stalking no
contact order or has presented himself or herself to a
hospital for sexual assault evidence collection and
medical care, such action shall constitute cooperation
under this subsection (c).
(d) The applicant is not the offender or an accomplice
of the offender and the award would not unjustly benefit
the offender or his accomplice.
(e) The injury to or death of the victim was not
substantially attributable to his own wrongful act and was
not substantially provoked by the victim.
(f) For victims of offenses defined in Section 10-9 of
the Criminal Code of 2012, the victim submits a statement
under oath on a form prescribed by the Attorney General
attesting that the removed tattoo was applied in connection
with the commission of the offense.
(Source: P.A. 97-817, eff. 1-1-13; 97-1150, eff. 1-25-13;
98-435, eff. 1-1-14.)
Section 925. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing
Sections 4 and 12 as follows:

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(740 ILCS 110/4) (from Ch. 91 1/2, par. 804)
Sec. 4. (a) The following persons shall be entitled, upon
request, to inspect and copy a recipient's record or any part
thereof:
(1) the parent or guardian of a recipient who is under
12 years of age;
(2) the recipient if he is 12 years of age or older;
(3) the parent or guardian of a recipient who is at
least 12 but under 18 years, if the recipient is informed
and does not object or if the therapist does not find that
there are compelling reasons for denying the access. The
parent or guardian who is denied access by either the
recipient or the therapist may petition a court for access
to the record. Nothing in this paragraph is intended to
prohibit the parent or guardian of a recipient who is at
least 12 but under 18 years from requesting and receiving
the following information: current physical and mental
condition, diagnosis, treatment needs, services provided,
and services needed, including medication, if any;
(4) the guardian of a recipient who is 18 years or
older;
(5) an attorney or guardian ad litem who represents a
minor 12 years of age or older in any judicial or
administrative proceeding, provided that the court or
administrative hearing officer has entered an order

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granting the attorney this right;
(6) an agent appointed under a recipient's power of
attorney for health care or for property, when the power of
attorney authorizes the access;
(7) an attorney-in-fact appointed under the Mental
Health Treatment Preference Declaration Act; or
(8) any person in whose care and custody the recipient
has been placed pursuant to Section 3-811 of the Mental
Health and Developmental Disabilities Code.
(b) Assistance in interpreting the record may be provided
without charge and shall be provided if the person inspecting
the record is under 18 years of age. However, access may in no
way be denied or limited if the person inspecting the record
refuses the assistance. A reasonable fee may be charged for
duplication of a record. However, when requested to do so in
writing by any indigent recipient, the custodian of the records
shall provide at no charge to the recipient, or to the
Guardianship and Advocacy Commission, the agency designated by
the Governor under Section 1 of the Protection and Advocacy for
Persons with Developmental Disabilities Developmentally
Disabled Persons Act or to any other not-for-profit agency
whose primary purpose is to provide free legal services or
advocacy for the indigent and who has received written
authorization from the recipient under Section 5 of this Act to
receive his records, one copy of any records in its possession
whose disclosure is authorized under this Act.

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(c) Any person entitled to access to a record under this
Section may submit a written statement concerning any disputed
or new information, which statement shall be entered into the
record. Whenever any disputed part of a record is disclosed,
any submitted statement relating thereto shall accompany the
disclosed part. Additionally, any person entitled to access may
request modification of any part of the record which he
believes is incorrect or misleading. If the request is refused,
the person may seek a court order to compel modification.
(d) Whenever access or modification is requested, the
request and any action taken thereon shall be noted in the
recipient's record.
(Source: P.A. 96-1399, eff. 7-29-10; 96-1453, eff. 8-20-10.)
(740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
Sec. 12. (a) If the United States Secret Service or the
Department of State Police requests information from a mental
health or developmental disability facility, as defined in
Section 1-107 and 1-114 of the Mental Health and Developmental
Disabilities Code, relating to a specific recipient and the
facility director determines that disclosure of such
information may be necessary to protect the life of, or to
prevent the infliction of great bodily harm to, a public
official, or a person under the protection of the United States
Secret Service, only the following information may be
disclosed: the recipient's name, address, and age and the date

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of any admission to or discharge from a facility; and any
information which would indicate whether or not the recipient
has a history of violence or presents a danger of violence to
the person under protection. Any information so disclosed shall
be used for investigative purposes only and shall not be
publicly disseminated. Any person participating in good faith
in the disclosure of such information in accordance with this
provision shall have immunity from any liability, civil,
criminal or otherwise, if such information is disclosed relying
upon the representation of an officer of the United States
Secret Service or the Department of State Police that a person
is under the protection of the United States Secret Service or
is a public official.
For the purpose of this subsection (a), the term "public
official" means the Governor, Lieutenant Governor, Attorney
General, Secretary of State, State Comptroller, State
Treasurer, member of the General Assembly, member of the United
States Congress, Judge of the United States as defined in 28
U.S.C. 451, Justice of the United States as defined in 28
U.S.C. 451, United States Magistrate Judge as defined in 28
U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
Supreme, Appellate, Circuit, or Associate Judge of the State of
Illinois. The term shall also include the spouse, child or
children of a public official.
(b) The Department of Human Services (acting as successor
to the Department of Mental Health and Developmental

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Disabilities) and all public or private hospitals and mental
health facilities are required, as hereafter described in this
subsection, to furnish the Department of State Police only such
information as may be required for the sole purpose of
determining whether an individual who may be or may have been a
patient is disqualified because of that status from receiving
or retaining a Firearm Owner's Identification Card or falls
within the federal prohibitors under subsection (e), (f), (g),
(r), (s), or (t) of Section 8 of the Firearm Owners
Identification Card Act, or falls within the federal
prohibitors in 18 U.S.C. 922(g) and (n). All physicians,
clinical psychologists, or qualified examiners at public or
private mental health facilities or parts thereof as defined in
this subsection shall, in the form and manner required by the
Department, provide notice directly to the Department of Human
Services, or to his or her employer who shall then report to
the Department, within 24 hours after determining that a
patient as described in clause (2) of the definition of
"patient" in Section 1.1 of the Firearm Owners Identification
Card Act poses a clear and present danger to himself, herself,
or others, or is determined to be a person with a developmental
disability developmentally disabled. This information shall be
furnished within 24 hours after the physician, clinical
psychologist, or qualified examiner has made a determination,
or within 7 days after admission to a public or private
hospital or mental health facility or the provision of services

HB4049 Enrolled - 1792 - LRB099 03667 KTG 23678 b
to a patient described in clause (1) of the definition of
"patient" in Section 1.1 of the Firearm Owners Identification
Card Act. Any such information disclosed under this subsection
shall remain privileged and confidential, and shall not be
redisclosed, except as required by subsection (e) of Section
3.1 of the Firearm Owners Identification Card Act, nor utilized
for any other purpose. The method of requiring the providing of
such information shall guarantee that no information is
released beyond what is necessary for this purpose. In
addition, the information disclosed shall be provided by the
Department within the time period established by Section 24-3
of the Criminal Code of 2012 regarding the delivery of
firearms. The method used shall be sufficient to provide the
necessary information within the prescribed time period, which
may include periodically providing lists to the Department of
Human Services or any public or private hospital or mental
health facility of Firearm Owner's Identification Card
applicants on which the Department or hospital shall indicate
the identities of those individuals who are to its knowledge
disqualified from having a Firearm Owner's Identification Card
for reasons described herein. The Department may provide for a
centralized source of information for the State on this subject
under its jurisdiction. The identity of the person reporting
under this subsection shall not be disclosed to the subject of
the report. For the purposes of this subsection, the physician,
clinical psychologist, or qualified examiner making the

HB4049 Enrolled - 1793 - LRB099 03667 KTG 23678 b
determination and his or her employer shall not be held
criminally, civilly, or professionally liable for making or not
making the notification required under this subsection, except
for willful or wanton misconduct.
Any person, institution, or agency, under this Act,
participating in good faith in the reporting or disclosure of
records and communications otherwise in accordance with this
provision or with rules, regulations or guidelines issued by
the Department shall have immunity from any liability, civil,
criminal or otherwise, that might result by reason of the
action. For the purpose of any proceeding, civil or criminal,
arising out of a report or disclosure in accordance with this
provision, the good faith of any person, institution, or agency
so reporting or disclosing shall be presumed. The full extent
of the immunity provided in this subsection (b) shall apply to
any person, institution or agency that fails to make a report
or disclosure in the good faith belief that the report or
disclosure would violate federal regulations governing the
confidentiality of alcohol and drug abuse patient records
implementing 42 U.S.C. 290dd-3 and 290ee-3.
For purposes of this subsection (b) only, the following
terms shall have the meaning prescribed:
(1) (Blank).
(1.3) "Clear and present danger" has the meaning as
defined in Section 1.1 of the Firearm Owners Identification
Card Act.

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(1.5) "Person with a developmental disability"
Developmentally disabled" has the meaning as defined in
Section 1.1 of the Firearm Owners Identification Card Act.
(2) "Patient" has the meaning as defined in Section 1.1
of the Firearm Owners Identification Card Act.
(3) "Mental health facility" has the meaning as defined
in Section 1.1 of the Firearm Owners Identification Card
Act.
(c) Upon the request of a peace officer who takes a person
into custody and transports such person to a mental health or
developmental disability facility pursuant to Section 3-606 or
4-404 of the Mental Health and Developmental Disabilities Code
or who transports a person from such facility, a facility
director shall furnish said peace officer the name, address,
age and name of the nearest relative of the person transported
to or from the mental health or developmental disability
facility. In no case shall the facility director disclose to
the peace officer any information relating to the diagnosis,
treatment or evaluation of the person's mental or physical
health.
For the purposes of this subsection (c), the terms "mental
health or developmental disability facility", "peace officer"
and "facility director" shall have the meanings ascribed to
them in the Mental Health and Developmental Disabilities Code.
(d) Upon the request of a peace officer or prosecuting
authority who is conducting a bona fide investigation of a

HB4049 Enrolled - 1795 - LRB099 03667 KTG 23678 b
criminal offense, or attempting to apprehend a fugitive from
justice, a facility director may disclose whether a person is
present at the facility. Upon request of a peace officer or
prosecuting authority who has a valid forcible felony warrant
issued, a facility director shall disclose: (1) whether the
person who is the subject of the warrant is present at the
facility and (2) the date of that person's discharge or future
discharge from the facility. The requesting peace officer or
prosecuting authority must furnish a case number and the
purpose of the investigation or an outstanding arrest warrant
at the time of the request. Any person, institution, or agency
participating in good faith in disclosing such information in
accordance with this subsection (d) is immune from any
liability, civil, criminal or otherwise, that might result by
reason of the action.
(Source: P.A. 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)
Section 930. The Sports Volunteer Immunity Act is amended
by changing Section 1 as follows:
(745 ILCS 80/1) (from Ch. 70, par. 701)
Sec. 1. Manager, coach, umpire or referee negligence
standard.
(a) General rule. Except as provided otherwise in this
Section, no person who, without compensation and as a
volunteer, renders services as a manager, coach, instructor,

HB4049 Enrolled - 1796 - LRB099 03667 KTG 23678 b
umpire or referee or who, without compensation and as a
volunteer, assists a manager, coach, instructor, umpire or
referee in a sports program of a nonprofit association, shall
be liable to any person for any civil damages as a result of
any acts or omissions in rendering such services or in
conducting or sponsoring such sports program, unless the
conduct of such person falls substantially below the standards
generally practiced and accepted in like circumstances by
similar persons rendering such services or conducting or
sponsoring such sports programs, and unless it is shown that
such person did an act or omitted the doing of an act which
such person was under a recognized duty to another to do,
knowing or having reason to know that such act or omission
created a substantial risk of actual harm to the person or
property of another. It shall be insufficient to impose
liability to establish only that the conduct of such person
fell below ordinary standards of care.
(b) Exceptions.
(1) Nothing in this Section shall be construed as
affecting or modifying the liability of such person or a
nonprofit association for any of the following:
(i) Acts or omissions relating to the
transportation of participants in a sports program or
others to or from a game, event or practice.
(ii) Acts or omissions relating to the care and
maintenance of real estate unrelated to the practice or

HB4049 Enrolled - 1797 - LRB099 03667 KTG 23678 b
playing areas which such persons or nonprofit
associations own, possess or control.
(2) Nothing in this Section shall be construed as
affecting or modifying any existing legal basis for
determining the liability, or any defense thereto, of any
person not covered by the standard of negligence
established by this Section.
(c) Assumption of risk or comparative fault. Nothing in
this Section shall be construed as affecting or modifying the
doctrine of assumption of risk or comparative fault on the part
of the participant.
(d) Definitions. As used in this Act the following words
and phrases shall have the meanings given to them in this
subsection:
"Compensation" means any payment for services performed
but does not include reimbursement for reasonable expenses
actually incurred or to be incurred or, solely in the case of
umpires or referees, a modest honorarium.
"Nonprofit association" means an entity which is organized
as a not-for-profit corporation under the laws of this State or
the United States or a nonprofit unincorporated association or
any entity which is authorized to do business in this State as
a not-for-profit corporation under the laws of this State,
including, but not limited to, youth or athletic associations,
volunteer fire, ambulance, religious, charitable, fraternal,
veterans, civic, county fair or agricultural associations, or

HB4049 Enrolled - 1798 - LRB099 03667 KTG 23678 b
any separately chartered auxiliary of the foregoing, if
organized and operated on a nonprofit basis.
"Sports program" means baseball (including softball),
football, basketball, soccer or any other competitive sport
formally recognized as a sport by the United States Olympic
Committee as specified by and under the jurisdiction of the
Amateur Sports Act of 1978 (36 U.S.C. 371 et seq.), the Amateur
Athletic Union or the National Collegiate Athletic
Association. The term shall be limited to a program or that
portion of a program that is organized for recreational
purposes and whose activities are substantially for such
purposes and which is primarily for participants who are 18
years of age or younger or whose 19th birthday occurs during
the year of participation or the competitive season, whichever
is longer. There shall, however, be no age limitation for
programs operated for persons with physical or intellectual
disabilities the physically handicapped or intellectually
disabled.
(e) Nothing in this Section is intended to bar any cause of
action against a nonprofit association or change the liability
of such an association which arises out of an act or omission
of any person exempt from liability under this Act.
(Source: P.A. 97-227, eff. 1-1-12.)
Section 935. The Predator Accountability Act is amended by
changing Section 10 as follows:

HB4049 Enrolled - 1799 - LRB099 03667 KTG 23678 b
(740 ILCS 128/10)
Sec. 10. Definitions. As used in this Act:
"Sex trade" means any act, which if proven beyond a
reasonable doubt could support a conviction for a violation or
attempted violation of any of the following Sections of the
Criminal Code of 1961 or the Criminal Code of 2012: 11-14.3
(promoting prostitution); 11-14.4 (promoting juvenile
prostitution); 11-15 (soliciting for a prostitute); 11-15.1
(soliciting for a juvenile prostitute); 11-16 (pandering);
11-17 (keeping a place of prostitution); 11-17.1 (keeping a
place of juvenile prostitution); 11-19 (pimping); 11-19.1
(juvenile pimping and aggravated juvenile pimping); 11-19.2
(exploitation of a child); 11-20 (obscenity); 11-20.1 (child
pornography); or 11-20.1B or 11-20.3 (aggravated child
pornography); or Section 10-9 (trafficking in persons and
involuntary servitude).
"Sex trade" activity may involve adults and youth of all
genders and sexual orientations.
"Victim of the sex trade" means, for the following sex
trade acts, the person or persons indicated:
(1) soliciting for a prostitute: the prostitute who is
the object of the solicitation;
(2) soliciting for a juvenile prostitute: the juvenile
prostitute, or person with a severe or profound
intellectual disability severely or profoundly

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intellectually disabled person, who is the object of the
solicitation;
(3) promoting prostitution as described in subdivision
(a)(2)(A) or (a)(2)(B) of Section 11-14.3 of the Criminal
Code of 1961 or the Criminal Code of 2012, or pandering:
the person intended or compelled to act as a prostitute;
(4) keeping a place of prostitution: any person
intended or compelled to act as a prostitute, while present
at the place, during the time period in question;
(5) keeping a place of juvenile prostitution: any
juvenile intended or compelled to act as a prostitute,
while present at the place, during the time period in
question;
(6) promoting prostitution as described in subdivision
(a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961
or the Criminal Code of 2012, or pimping: the prostitute
from whom anything of value is received;
(7) promoting juvenile prostitution as described in
subdivision (a)(2) or (a)(3) of Section 11-14.4 of the
Criminal Code of 1961 or the Criminal Code of 2012, or
juvenile pimping and aggravated juvenile pimping: the
juvenile, or person with a severe or profound intellectual
disability severely or profoundly intellectually disabled
person, from whom anything of value is received for that
person's act of prostitution;
(8) promoting juvenile prostitution as described in

HB4049 Enrolled - 1801 - LRB099 03667 KTG 23678 b
subdivision (a)(4) of Section 11-14.4 of the Criminal Code
of 1961 or the Criminal Code of 2012, or exploitation of a
child: the juvenile, or person with a severe or profound
intellectual disability severely or profoundly
intellectually disabled person, intended or compelled to
act as a prostitute or from whom anything of value is
received for that person's act of prostitution;
(9) obscenity: any person who appears in or is
described or depicted in the offending conduct or material;
(10) child pornography or aggravated child
pornography: any child, or person with a severe or profound
intellectual disability severely or profoundly
intellectually disabled person, who appears in or is
described or depicted in the offending conduct or material;
or
(11) trafficking of persons or involuntary servitude:
a "trafficking victim" as defined in Section 10-9 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(Source: P.A. 96-710, eff. 1-1-10; 96-1551, eff. 7-1-11;
97-227, eff. 1-1-12; 97-897, eff. 1-1-13; 97-1109, eff. 1-1-13;
97-1150, eff. 1-25-13.)
Section 940. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Sections 216, 513, 601, and
607 as follows:

HB4049 Enrolled - 1802 - LRB099 03667 KTG 23678 b
(750 ILCS 5/216) (from Ch. 40, par. 216)
Sec. 216. Prohibited Marriages Void if Contracted in
Another State.) That if any person residing and intending to
continue to reside in this state and who is a person with a
disability disabled or prohibited from contracting marriage
under the laws of this state, shall go into another state or
country and there contract a marriage prohibited and declared
void by the laws of this state, such marriage shall be null and
void for all purposes in this state with the same effect as
though such prohibited marriage had been entered into in this
state.
(Source: P.A. 80-923.)
(750 ILCS 5/513) (from Ch. 40, par. 513)
Sec. 513. Support for Non-minor Children and Educational
Expenses.
(a) The court may award sums of money out of the property
and income of either or both parties or the estate of a
deceased parent, as equity may require, for the support of the
child or children of the parties who have attained majority in
the following instances:
(1) When the child is a person with a mental or
physical disability mentally or physically disabled and
not otherwise emancipated, an application for support may
be made before or after the child has attained majority.
(2) The court may also make provision for the

HB4049 Enrolled - 1803 - LRB099 03667 KTG 23678 b
educational expenses of the child or children of the
parties, whether of minor or majority age, and an
application for educational expenses may be made before or
after the child has attained majority, or after the death
of either parent. The authority under this Section to make
provision for educational expenses extends not only to
periods of college education or professional or other
training after graduation from high school, but also to any
period during which the child of the parties is still
attending high school, even though he or she attained the
age of 19. The educational expenses may include, but shall
not be limited to, room, board, dues, tuition,
transportation, books, fees, registration and application
costs, medical expenses including medical insurance,
dental expenses, and living expenses during the school year
and periods of recess, which sums may be ordered payable to
the child, to either parent, or to the educational
institution, directly or through a special account or trust
created for that purpose, as the court sees fit.
If educational expenses are ordered payable, each
parent and the child shall sign any consents necessary for
the educational institution to provide the supporting
parent with access to the child's academic transcripts,
records, and grade reports. The consents shall not apply to
any non-academic records. Failure to execute the required
consent may be a basis for a modification or termination of

HB4049 Enrolled - 1804 - LRB099 03667 KTG 23678 b
any order entered under this Section. Unless the court
specifically finds that the child's safety would be
jeopardized, each parent is entitled to know the name of
the educational institution the child attends. This
amendatory Act of the 95th General Assembly applies to all
orders entered under this paragraph (2) on or after the
effective date of this amendatory Act of the 95th General
Assembly.
The authority under this Section to make provision for
educational expenses, except where the child is a person
with a mental or physical disability mentally or physically
disabled and not otherwise emancipated, terminates when
the child receives a baccalaureate degree.
(b) In making awards under paragraph (1) or (2) of
subsection (a), or pursuant to a petition or motion to
decrease, modify, or terminate any such award, the court shall
consider all relevant factors that appear reasonable and
necessary, including:
(1) The financial resources of both parents.
(2) The standard of living the child would have enjoyed
had the marriage not been dissolved.
(3) The financial resources of the child.
(4) The child's academic performance.
(Source: P.A. 95-954, eff. 8-29-08.)
(750 ILCS 5/601) (from Ch. 40, par. 601)

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Sec. 601. Jurisdiction; Commencement of Proceeding.
(a) A court of this State competent to decide child custody
matters has jurisdiction to make a child custody determination
in original or modification proceedings as provided in Section
201 of the Uniform Child-Custody Jurisdiction and Enforcement
Act as adopted by this State.
(b) A child custody proceeding is commenced in the court:
(1) by a parent, by filing a petition:
(i) for dissolution of marriage or legal
separation or declaration of invalidity of marriage;
or
(ii) for custody of the child, in the county in
which he is permanently resident or found;
(2) by a person other than a parent, by filing a
petition for custody of the child in the county in which he
is permanently resident or found, but only if he is not in
the physical custody of one of his parents; or
(3) by a stepparent, by filing a petition, if all of
the following circumstances are met:
(A) the child is at least 12 years old;
(B) the custodial parent and stepparent were
married for at least 5 years during which the child
resided with the parent and stepparent;
(C) the custodial parent is deceased or is a person
with a disability disabled and cannot perform the
duties of a parent to the child;

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(D) the stepparent provided for the care, control,
and welfare to the child prior to the initiation of
custody proceedings;
(E) the child wishes to live with the stepparent;
and
(F) it is alleged to be in the best interests and
welfare of the child to live with the stepparent as
provided in Section 602 of this Act; or .
(4) when When one of the parents is deceased, by a
grandparent who is a parent or stepparent of a deceased
parent, by filing a petition, if one or more of the
following existed at the time of the parent's death:
(A) the surviving parent had been absent from the
marital abode for more than one month without the
deceased spouse knowing his or her whereabouts;
(B) the surviving parent was in State or federal
custody; or
(C) the surviving parent had: (i) received
supervision for or been convicted of any violation of
Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-1.70, 12C-5, 12C-10, 12C-35, 12C-40, 12C-45, 18-6,
19-6, or Article 12 of the Criminal Code of 1961 or the
Criminal Code of 2012 directed towards the deceased
parent or the child; or (ii) received supervision or
been convicted of violating an order of protection
entered under Section 217, 218, or 219 of the Illinois

HB4049 Enrolled - 1807 - LRB099 03667 KTG 23678 b
Domestic Violence Act of 1986 for the protection of the
deceased parent or the child.
(c) Notice of a child custody proceeding, including an
action for modification of a previous custody order, shall be
given to the child's parents, guardian and custodian, who may
appear, be heard, and file a responsive pleading. The court,
upon showing of good cause, may permit intervention of other
interested parties.
(d) Proceedings for modification of a previous custody
order commenced more than 30 days following the entry of a
previous custody order must be initiated by serving a written
notice and a copy of the petition for modification upon the
child's parent, guardian and custodian at least 30 days prior
to hearing on the petition. Nothing in this Section shall
preclude a party in custody modification proceedings from
moving for a temporary order under Section 603 of this Act.
(e) (Blank).
(f) The court shall, at the court's discretion or upon the
request of any party entitled to petition for custody of the
child, appoint a guardian ad litem to represent the best
interest of the child for the duration of the custody
proceeding or for any modifications of any custody orders
entered. Nothing in this Section shall be construed to prevent
the court from appointing the same guardian ad litem for 2 or
more children that are siblings or half-siblings.
(Source: P.A. 97-1150, eff. 1-25-13; revised 12-10-14.)

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(750 ILCS 5/607) (from Ch. 40, par. 607)
Sec. 607. Visitation.
(a) A parent not granted custody of the child is entitled
to reasonable visitation rights unless the court finds, after a
hearing, that visitation would endanger seriously the child's
physical, mental, moral or emotional health. If the custodian's
street address is not identified, pursuant to Section 708, the
court shall require the parties to identify reasonable
alternative arrangements for visitation by a non-custodial
parent, including but not limited to visitation of the minor
child at the residence of another person or at a local public
or private facility.
(1) "Visitation" means in-person time spent between a
child and the child's parent. In appropriate
circumstances, it may include electronic communication
under conditions and at times determined by the court.
(2) "Electronic communication" means time that a
parent spends with his or her child during which the child
is not in the parent's actual physical custody, but which
is facilitated by the use of communication tools such as
the telephone, electronic mail, instant messaging, video
conferencing or other wired or wireless technologies via
the Internet, or another medium of communication.
(a-3) Grandparents, great-grandparents, and siblings of a
minor child, who is one year old or older, have standing to

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bring an action in circuit court by petition, requesting
visitation in accordance with this Section. The term "sibling"
in this Section means a brother, sister, stepbrother, or
stepsister of the minor child. Grandparents,
great-grandparents, and siblings also have standing to file a
petition for visitation and any electronic communication
rights in a pending dissolution proceeding or any other
proceeding that involves custody or visitation issues,
requesting visitation in accordance with this Section. A
petition for visitation with a child by a person other than a
parent must be filed in the county in which the child resides.
Nothing in this subsection (a-3) and subsection (a-5) of this
Section shall apply to a child in whose interests a petition is
pending under Section 2-13 of the Juvenile Court Act of 1987 or
a petition to adopt an unrelated child is pending under the
Adoption Act.
(a-5)(1) Except as otherwise provided in this subsection
(a-5), any grandparent, great-grandparent, or sibling may file
a petition for visitation rights to a minor child if there is
an unreasonable denial of visitation by a parent and at least
one of the following conditions exists:
(A) (Blank);
(A-5) the child's other parent is deceased or has been
missing for at least 3 months. For the purposes of this
Section a parent is considered to be missing if the
parent's location has not been determined and the parent

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has been reported as missing to a law enforcement agency;
(A-10) a parent of the child is incompetent as a matter
of law;
(A-15) a parent has been incarcerated in jail or prison
during the 3 month period preceding the filing of the
petition;
(B) the child's mother and father are divorced or have
been legally separated from each other or there is pending
a dissolution proceeding involving a parent of the child or
another court proceeding involving custody or visitation
of the child (other than any adoption proceeding of an
unrelated child) and at least one parent does not object to
the grandparent, great-grandparent, or sibling having
visitation with the child. The visitation of the
grandparent, great-grandparent, or sibling must not
diminish the visitation of the parent who is not related to
the grandparent, great-grandparent, or sibling seeking
visitation;
(C) (Blank);
(D) the child is born out of wedlock, the parents are
not living together, and the petitioner is a maternal
grandparent, great-grandparent, or sibling of the child
born out of wedlock; or
(E) the child is born out of wedlock, the parents are
not living together, the petitioner is a paternal
grandparent, great-grandparent, or sibling, and the

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paternity has been established by a court of competent
jurisdiction.
(2) Any visitation rights granted pursuant to this Section
before the filing of a petition for adoption of a child shall
automatically terminate by operation of law upon the entry of
an order terminating parental rights or granting the adoption
of the child, whichever is earlier. If the person or persons
who adopted the child are related to the child, as defined by
Section 1 of the Adoption Act, any person who was related to
the child as grandparent, great-grandparent, or sibling prior
to the adoption shall have standing to bring an action pursuant
to this Section requesting visitation with the child.
(3) In making a determination under this subsection (a-5),
there is a rebuttable presumption that a fit parent's actions
and decisions regarding grandparent, great-grandparent, or
sibling visitation are not harmful to the child's mental,
physical, or emotional health. The burden is on the party
filing a petition under this Section to prove that the parent's
actions and decisions regarding visitation times are harmful to
the child's mental, physical, or emotional health.
(4) In determining whether to grant visitation, the court
shall consider the following:
(A) the preference of the child if the child is
determined to be of sufficient maturity to express a
preference;
(B) the mental and physical health of the child;

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(C) the mental and physical health of the grandparent,
great-grandparent, or sibling;
(D) the length and quality of the prior relationship
between the child and the grandparent, great-grandparent,
or sibling;
(E) the good faith of the party in filing the petition;
(F) the good faith of the person denying visitation;
(G) the quantity of the visitation time requested and
the potential adverse impact that visitation would have on
the child's customary activities;
(H) whether the child resided with the petitioner for
at least 6 consecutive months with or without the current
custodian present;
(I) whether the petitioner had frequent or regular
contact or visitation with the child for at least 12
consecutive months;
(J) any other fact that establishes that the loss of
the relationship between the petitioner and the child is
likely to harm the child's mental, physical, or emotional
health; and
(K) whether the grandparent, great-grandparent, or
sibling was a primary caretaker of the child for a period
of not less than 6 consecutive months.
(5) The court may order visitation rights for the
grandparent, great-grandparent, or sibling that include
reasonable access without requiring overnight or possessory

HB4049 Enrolled - 1813 - LRB099 03667 KTG 23678 b
visitation.
(a-7)(1) Unless by stipulation of the parties, no motion to
modify a grandparent, great-grandparent, or sibling visitation
order may be made earlier than 2 years after the date the order
was filed, unless the court permits it to be made on the basis
of affidavits that there is reason to believe the child's
present environment may endanger seriously the child's mental,
physical, or emotional health.
(2) The court shall not modify an order that grants
visitation to a grandparent, great-grandparent, or sibling
unless it finds by clear and convincing evidence, upon the
basis of facts that have arisen since the prior visitation
order or that were unknown to the court at the time of entry of
the prior visitation, that a change has occurred in the
circumstances of the child or his or her custodian, and that
the modification is necessary to protect the mental, physical,
or emotional health of the child. The court shall state in its
decision specific findings of fact in support of its
modification or termination of the grandparent,
great-grandparent, or sibling visitation. A child's parent may
always petition to modify visitation upon changed
circumstances when necessary to promote the child's best
interest.
(3) Attorney fees and costs shall be assessed against a
party seeking modification of the visitation order if the court
finds that the modification action is vexatious and constitutes

HB4049 Enrolled - 1814 - LRB099 03667 KTG 23678 b
harassment.
(4) Notice under this subsection (a-7) shall be given as
provided in subsections (c) and (d) of Section 601.
(b) (1) (Blank.)
(1.5) The Court may grant reasonable visitation privileges
to a stepparent upon petition to the court by the stepparent,
with notice to the parties required to be notified under
Section 601 of this Act, if the court determines that it is in
the best interests and welfare of the child, and may issue any
necessary orders to enforce those visitation privileges. A
petition for visitation privileges may be filed under this
paragraph (1.5) whether or not a petition pursuant to this Act
has been previously filed or is currently pending if the
following circumstances are met:
(A) the child is at least 12 years old;
(B) the child resided continuously with the parent and
stepparent for at least 5 years;
(C) the parent is deceased or is a person with a
disability disabled and is unable to care for the child;
(D) the child wishes to have reasonable visitation with
the stepparent; and
(E) the stepparent was providing for the care, control,
and welfare to the child prior to the initiation of the
petition for visitation.
(2)(A) A petition for visitation privileges shall not be
filed pursuant to this subsection (b) by the parents or

HB4049 Enrolled - 1815 - LRB099 03667 KTG 23678 b
grandparents of a putative father if the paternity of the
putative father has not been legally established.
(B) A petition for visitation privileges may not be filed
under this subsection (b) if the child who is the subject of
the grandparents' or great-grandparents' petition has been
voluntarily surrendered by the parent or parents, except for a
surrender to the Illinois Department of Children and Family
Services or a foster care facility, or has been previously
adopted by an individual or individuals who are not related to
the biological parents of the child or is the subject of a
pending adoption petition by an individual or individuals who
are not related to the biological parents of the child.
(3) (Blank).
(c) The court may modify an order granting or denying
visitation rights of a parent whenever modification would serve
the best interest of the child; but the court shall not
restrict a parent's visitation rights unless it finds that the
visitation would endanger seriously the child's physical,
mental, moral or emotional health.
(d) If any court has entered an order prohibiting a
non-custodial parent of a child from any contact with a child
or restricting the non-custodial parent's contact with the
child, the following provisions shall apply:
(1) If an order has been entered granting visitation
privileges with the child to a grandparent or
great-grandparent who is related to the child through the

HB4049 Enrolled - 1816 - LRB099 03667 KTG 23678 b
non-custodial parent, the visitation privileges of the
grandparent or great-grandparent may be revoked if:
(i) a court has entered an order prohibiting the
non-custodial parent from any contact with the child,
and the grandparent or great-grandparent is found to
have used his or her visitation privileges to
facilitate contact between the child and the
non-custodial parent; or
(ii) a court has entered an order restricting the
non-custodial parent's contact with the child, and the
grandparent or great-grandparent is found to have used
his or her visitation privileges to facilitate contact
between the child and the non-custodial parent in a
manner that violates the terms of the order restricting
the non-custodial parent's contact with the child.
Nothing in this subdivision (1) limits the authority of
the court to enforce its orders in any manner permitted by
law.
(2) Any order granting visitation privileges with the
child to a grandparent or great-grandparent who is related
to the child through the non-custodial parent shall contain
the following provision:
"If the (grandparent or great-grandparent, whichever
is applicable) who has been granted visitation privileges
under this order uses the visitation privileges to
facilitate contact between the child and the child's

HB4049 Enrolled - 1817 - LRB099 03667 KTG 23678 b
non-custodial parent, the visitation privileges granted
under this order shall be permanently revoked."
(e) No parent, not granted custody of the child, or
grandparent, or great-grandparent, or stepparent, or sibling
of any minor child, convicted of any offense involving an
illegal sex act perpetrated upon a victim less than 18 years of
age including but not limited to offenses for violations of
Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-1.70,
or Article 12 of the Criminal Code of 1961 or the Criminal Code
of 2012, is entitled to visitation rights while incarcerated or
while on parole, probation, conditional discharge, periodic
imprisonment, or mandatory supervised release for that
offense, and upon discharge from incarceration for a
misdemeanor offense or upon discharge from parole, probation,
conditional discharge, periodic imprisonment, or mandatory
supervised release for a felony offense, visitation shall be
denied until the person successfully completes a treatment
program approved by the court.
(f) Unless the court determines, after considering all
relevant factors, including but not limited to those set forth
in Section 602(a), that it would be in the best interests of
the child to allow visitation, the court shall not enter an
order providing visitation rights and pursuant to a motion to
modify visitation shall revoke visitation rights previously
granted to any person who would otherwise be entitled to
petition for visitation rights under this Section who has been

HB4049 Enrolled - 1818 - LRB099 03667 KTG 23678 b
convicted of first degree murder of the parent, grandparent,
great-grandparent, or sibling of the child who is the subject
of the order. Until an order is entered pursuant to this
subsection, no person shall visit, with the child present, a
person who has been convicted of first degree murder of the
parent, grandparent, great-grandparent, or sibling of the
child without the consent of the child's parent, other than a
parent convicted of first degree murder as set forth herein, or
legal guardian.
(g) (Blank).
(h) Upon motion, the court may allow a parent who is
deployed or who has orders to be deployed as a member of the
United States Armed Forces to designate a person known to the
child to exercise reasonable substitute visitation on behalf of
the deployed parent, if the court determines that substitute
visitation is in the best interest of the child. In determining
whether substitute visitation is in the best interest of the
child, the court shall consider all of the relevant factors
listed in subsection (a) of Section 602 and apply those factors
to the person designated as a substitute for the deployed
parent for visitation purposes.
(Source: P.A. 96-331, eff. 1-1-10; 97-659, eff. 6-1-12;
97-1150, eff. 1-25-13.)
Section 945. The Adoption Act is amended by changing
Section 12 as follows:

HB4049 Enrolled - 1819 - LRB099 03667 KTG 23678 b
(750 ILCS 50/12) (from Ch. 40, par. 1514)
Sec. 12. Consent of child or adult. If, upon the date of
the entry of the judgment the person sought to be adopted is of
the age of 14 years or upwards, the adoption shall not be made
without the consent of such person. Such consent shall be in
writing and shall be acknowledged by such person as provided in
Section 10 of this Act, provided, that if such person is in
need of mental treatment or is a person with an intellectual
disability intellectually disabled, the court may waive the
provisions of this Section. No consent shall be required under
this Section if the person sought to be adopted has died before
giving such consent.
(Source: P.A. 97-227, eff. 1-1-12.)
Section 950. The Address Confidentiality for Victims of
Domestic Violence Act is amended by changing Section 15 as
follows:
(750 ILCS 61/15)
Sec. 15. Address confidentiality program; application;
certification.
(a) An adult person, a parent or guardian acting on behalf
of a minor, or a guardian acting on behalf of a person with a
disability disabled person, as defined in Article 11a of the
Probate Act of 1975, may apply to the Attorney General to have

HB4049 Enrolled - 1820 - LRB099 03667 KTG 23678 b
an address designated by the Attorney General serve as the
person's address or the address of the minor or person with a
disability disabled person. The Attorney General shall approve
an application if it is filed in the manner and on the form
prescribed by him or her and if it contains:
(1) a sworn statement by the applicant that the
applicant has good reason to believe (i) that the
applicant, or the minor or person with a disability
disabled person on whose behalf the application is made, is
a victim of domestic violence; and (ii) that the applicant
fears for his or her safety or his or her children's
safety, or the safety of the minor or person with a
disability disabled person on whose behalf the application
is made;
(2) a designation of the Attorney General as agent for
purposes of service of process and receipt of mail;
(3) the mailing address where the applicant can be
contacted by the Attorney General, and the phone number or
numbers where the applicant can be called by the Attorney
General;
(4) the new address or addresses that the applicant
requests not be disclosed for the reason that disclosure
will increase the risk of domestic violence; and
(5) the signature of the applicant and of any
individual or representative of any office designated in
writing under Section 40 of this Act who assisted in the

HB4049 Enrolled - 1821 - LRB099 03667 KTG 23678 b
preparation of the application, and the date on which the
applicant signed the application.
(b) Applications shall be filed with the office of the
Attorney General.
(c) Upon filing a properly completed application, the
Attorney General shall certify the applicant as a program
participant. Applicants shall be certified for 4 years
following the date of filing unless the certification is
withdrawn or invalidated before that date. The Attorney General
shall by rule establish a renewal procedure.
(d) A person who falsely attests in an application that
disclosure of the applicant's address would endanger the
applicant's safety or the safety of the applicant's children or
the minor or incapacitated person on whose behalf the
application is made, or who knowingly provides false or
incorrect information upon making an application, is guilty of
a Class 3 felony.
(Source: P.A. 91-494, eff. 1-1-00.)
Section 955. The Parental Notice of Abortion Act of 1995 is
amended by changing Section 10 as follows:
(750 ILCS 70/10)
Sec. 10. Definitions. As used in this Act:
"Abortion" means the use of any instrument, medicine, drug,
or any other substance or device to terminate the pregnancy of

HB4049 Enrolled - 1822 - LRB099 03667 KTG 23678 b
a woman known to be pregnant with an intention other than to
increase the probability of a live birth, to preserve the life
or health of a child after live birth, or to remove a dead
fetus.
"Actual notice" means the giving of notice directly, in
person, or by telephone.
"Adult family member" means a person over 21 years of age
who is the parent, grandparent, step-parent living in the
household, or legal guardian.
"Constructive notice" means notice by certified mail to the
last known address of the person entitled to notice with
delivery deemed to have occurred 48 hours after the certified
notice is mailed.
"Incompetent" means any person who has been adjudged as
mentally ill or as a person with a developmental disability
developmentally disabled and who, because of her mental illness
or developmental disability, is not fully able to manage her
person and for whom a guardian of the person has been appointed
under Section 11a-3(a)(1) of the Probate Act of 1975.
"Medical emergency" means a condition that, on the basis of
the physician's good faith clinical judgment, so complicates
the medical condition of a pregnant woman as to necessitate the
immediate abortion of her pregnancy to avert her death or for
which a delay will create serious risk of substantial and
irreversible impairment of major bodily function.
"Minor" means any person under 18 years of age who is not

HB4049 Enrolled - 1823 - LRB099 03667 KTG 23678 b
or has not been married or who has not been emancipated under
the Emancipation of Minors Act.
"Neglect" means the failure of an adult family member to
supply a child with necessary food, clothing, shelter, or
medical care when reasonably able to do so or the failure to
protect a child from conditions or actions that imminently and
seriously endanger the child's physical or mental health when
reasonably able to do so.
"Physical abuse" means any physical injury intentionally
inflicted by an adult family member on a child.
"Physician" means any person licensed to practice medicine
in all its branches under the Illinois Medical Practice Act of
1987.
"Sexual abuse" means any sexual conduct or sexual
penetration as defined in Section 11-0.1 of the Criminal Code
of 2012 that is prohibited by the criminal laws of the State of
Illinois and committed against a minor by an adult family
member as defined in this Act.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
Section 960. The Probate Act of 1975 is amended by changing
Sections 1-2.17, 1-2.23, 1-2.24, 2-6.2, 2-6.6, 6-2, 6-6, 6-10,
6-12, 6-13, 6-20, 9-1, 9-3, 9-4, 9-5, 9-6, 9-8, and 11-3 and
the heading of Article XIa and Sections 11a-1, 11a-2, 11a-3,
11a-3.1, 11a-3.2, 11a-4, 11a-5, 11a-6, 11a-8, 11a-8.1, 11a-10,
11a-10.2, 11a-11, 11a-12, 11a-13, 11a-16, 11a-17, 11a-18,

HB4049 Enrolled - 1824 - LRB099 03667 KTG 23678 b
11a-18.1, 11a-18.2, 11a-18.3, 11a-20, 11a-22, 11a-24, 12-2,
12-4, 13-2, 13-3.1, 13-5, 18-1.1, 18-8, 23-2, 26-3, 28-2, 28-3,
and 28-10 as follows:
(755 ILCS 5/1-2.17) (from Ch. 110 1/2, par. 1-2.17)
Sec. 1-2.17. "Ward" includes a minor or a person with a
disability and disabled person.
(Source: P.A. 81-213.)
(755 ILCS 5/1-2.23)
Sec. 1-2.23. "Standby guardian" means: (i) a guardian of
the person or estate, or both, of a minor, as appointed by the
court under Section 11-5.3, to become effective at a later date
under Section 11-13.1 or (ii) a guardian of the person or
estate, or both, of a person with a disability disabled person,
as appointed by the court under Section 11a-3.1, to become
effective at a later date under Section 11a-18.2.
(Source: P.A. 90-796, eff. 12-15-98.)
(755 ILCS 5/1-2.24)
Sec. 1-2.24. "Short-term guardian" means a guardian of the
person of a minor as appointed by a parent of the minor under
Section 11-5.4 or a guardian of the person of a person with a
disability disabled person as appointed by the guardian of the
person with a disability disabled person under Section 11a-3.2.
(Source: P.A. 90-796, eff. 12-15-98.)

HB4049 Enrolled - 1825 - LRB099 03667 KTG 23678 b
(755 ILCS 5/2-6.2)
Sec. 2-6.2. Financial exploitation, abuse, or neglect of an
elderly person or a person with a disability.
(a) In this Section:
"Abuse" means any offense described in Section 12-21 or
subsection (b) of Section 12-4.4a of the Criminal Code of 1961
or the Criminal Code of 2012.
"Financial exploitation" means any offense or act
described or defined in Section 16-1.3 or 17-56 of the Criminal
Code of 1961 or the Criminal Code of 2012, and, in the context
of civil proceedings, the taking, use, or other
misappropriation of the assets or resources of an elderly
person or a person with a disability contrary to law,
including, but not limited to, misappropriation of assets or
resources by undue influence, breach of a fiduciary
relationship, fraud, deception, extortion, and conversion.
"Neglect" means any offense described in Section 12-19 or
subsection (a) of Section 12-4.4a of the Criminal Code of 1961
or the Criminal Code of 2012.
(b) Persons convicted of financial exploitation, abuse, or
neglect of an elderly person or a person with a disability or
persons who have been found by a preponderance of the evidence
to be civilly liable for financial exploitation shall not
receive any property, benefit, or other interest by reason of
the death of that elderly person or person with a disability,

HB4049 Enrolled - 1826 - LRB099 03667 KTG 23678 b
whether as heir, legatee, beneficiary, survivor, appointee,
claimant under Section 18-1.1, or in any other capacity and
whether the property, benefit, or other interest passes
pursuant to any form of title registration, testamentary or
nontestamentary instrument, intestacy, renunciation, or any
other circumstance. Except as provided in subsection (f) of
this Section, the property, benefit, or other interest shall
pass as if the person convicted of the financial exploitation,
abuse, or neglect or person found civilly liable for financial
exploitation died before the decedent, provided that with
respect to joint tenancy property the interest possessed prior
to the death by the person convicted of the financial
exploitation, abuse, or neglect shall not be diminished by the
application of this Section. Notwithstanding the foregoing, a
person convicted of financial exploitation, abuse, or neglect
of an elderly person or a person with a disability or a person
who has been found by a preponderance of the evidence to be
civilly liable for financial exploitation shall be entitled to
receive property, a benefit, or an interest in any capacity and
under any circumstances described in this subsection (b) if it
is demonstrated by clear and convincing evidence that the
victim of that offense knew of the conviction or finding of
civil liability and subsequent to the conviction or finding of
civil liability expressed or ratified his or her intent to
transfer the property, benefit, or interest to the person
convicted of financial exploitation, abuse, or neglect of an

HB4049 Enrolled - 1827 - LRB099 03667 KTG 23678 b
elderly person or a person with a disability or the person
found by a preponderance of the evidence to be civilly liable
for financial exploitation in any manner contemplated by this
subsection (b).
(c)(1) The holder of any property subject to the provisions
of this Section shall not be liable for distributing or
releasing the property to the person convicted of financial
exploitation, abuse, or neglect of an elderly person or a
person with a disability or the person who has been found by a
preponderance of the evidence to be civilly liable for
financial exploitation if the distribution or release occurs
prior to the conviction or finding of civil liability.
(2) If the holder is a financial institution, trust
company, trustee, or similar entity or person, the holder shall
not be liable for any distribution or release of the property,
benefit, or other interest to the person convicted of a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
of 1961 or the Criminal Code of 2012 or the person who has been
found by a preponderance of the evidence to be civilly liable
for financial exploitation unless the holder knowingly
distributes or releases the property, benefit, or other
interest to the person so convicted or found civilly liable
after first having received actual written notice of the
conviction in sufficient time to act upon the notice.
(d) If the holder of any property subject to the provisions

HB4049 Enrolled - 1828 - LRB099 03667 KTG 23678 b
of this Section knows that a potential beneficiary has been
convicted of financial exploitation, abuse, or neglect of an
elderly person or a person with a disability or has been found
by a preponderance of the evidence to be civilly liable for
financial exploitation within the scope of this Section, the
holder shall fully cooperate with law enforcement authorities
and judicial officers in connection with any investigation of
the financial exploitation, abuse, or neglect. If the holder is
a person or entity that is subject to regulation by a
regulatory agency pursuant to the laws of this or any other
state or pursuant to the laws of the United States, including
but not limited to the business of a financial institution,
corporate fiduciary, or insurance company, then such person or
entity shall not be deemed to be in violation of this Section
to the extent that privacy laws and regulations applicable to
such person or entity prevent it from voluntarily providing law
enforcement authorities or judicial officers with information.
(e) A civil action against a person for financial
exploitation may be brought by an interested person, pursuant
to this Section, after the death of the victim or during the
lifetime of the victim if the victim is adjudicated a person
with a disability disabled. A guardian is under no duty to
bring a civil action under this subsection during the ward's
lifetime, but may do so if the guardian believes it is in the
best interests of the ward.
(f) The court may, in its discretion, consider such facts

HB4049 Enrolled - 1829 - LRB099 03667 KTG 23678 b
and circumstances as it deems appropriate to allow the person
found civilly liable for financial exploitation to receive a
reduction in interest or benefit rather than no interest or
benefit as stated under subsection (b) of this Section.
(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;
98-833, eff. 8-1-14.)
(755 ILCS 5/2-6.6)
Sec. 2-6.6. Person convicted of or found civilly liable for
certain offenses against the elderly or a person with a
disability.
(a) A person who is convicted of a violation of Section
12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of
Section 12-4.4a, of the Criminal Code of 1961 or the Criminal
Code of 2012 or a person who has been found by a preponderance
of the evidence to be civilly liable for financial
exploitation, as defined in subsection (a) of Section 2-6.2 of
this Act, may not receive any property, benefit, or other
interest by reason of the death of the victim of that offense,
whether as heir, legatee, beneficiary, joint tenant, tenant by
the entirety, survivor, appointee, or in any other capacity and
whether the property, benefit, or other interest passes
pursuant to any form of title registration, testamentary or
nontestamentary instrument, intestacy, renunciation, or any
other circumstance. Except as provided in subsection (f) of
this Section, the property, benefit, or other interest shall

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pass as if the person convicted of a violation of Section
12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of
Section 12-4.4a, of the Criminal Code of 1961 or the Criminal
Code of 2012 or the person found by a preponderance of the
evidence to be civilly liable for financial exploitation, as
defined in subsection (a) of Section 2-6.2 of this Act, died
before the decedent; provided that with respect to joint
tenancy property or property held in tenancy by the entirety,
the interest possessed prior to the death by the person
convicted or found civilly liable may not be diminished by the
application of this Section. Notwithstanding the foregoing, a
person convicted of a violation of Section 12-19, 12-21,
16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a,
of the Criminal Code of 1961 or the Criminal Code of 2012 or a
person who has been found by a preponderance of the evidence to
be civilly liable for financial exploitation, as defined in
subsection (a) of Section 2-6.2 of this Act, shall be entitled
to receive property, a benefit, or an interest in any capacity
and under any circumstances described in this Section if it is
demonstrated by clear and convincing evidence that the victim
of that offense knew of the conviction or finding of civil
liability and subsequent to the conviction or finding of civil
liability expressed or ratified his or her intent to transfer
the property, benefit, or interest to the person convicted of a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code

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of 1961 or the Criminal Code of 2012 or the person found by a
preponderance of the evidence to be civilly liable for
financial exploitation, as defined in subsection (a) of Section
2-6.2 of this Act, in any manner contemplated by this Section.
(b) The holder of any property subject to the provisions of
this Section is not liable for distributing or releasing the
property to the person convicted of violating Section 12-19,
12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section
12-4.4a, of the Criminal Code of 1961 or the Criminal Code of
2012 or to the person found by a preponderance of the evidence
to be civilly liable for financial exploitation as defined in
subsection (a) of Section 2-6.2 of this Act.
(c) If the holder is a financial institution, trust
company, trustee, or similar entity or person, the holder shall
not be liable for any distribution or release of the property,
benefit, or other interest to the person convicted of a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
of 1961 or the Criminal Code of 2012 or person found by a
preponderance of the evidence to be civilly liable for
financial exploitation, as defined in subsection (a) of Section
2-6.2 of this Act, unless the holder knowingly distributes or
releases the property, benefit, or other interest to the person
so convicted or found civilly liable after first having
received actual written notice of the conviction or finding of
civil liability in sufficient time to act upon the notice.

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(d) The Department of State Police shall have access to
State of Illinois databases containing information that may
help in the identification or location of persons convicted of
or found civilly liable for the offenses enumerated in this
Section. Interagency agreements shall be implemented,
consistent with security and procedures established by the
State agency and consistent with the laws governing the
confidentiality of the information in the databases.
Information shall be used only for administration of this
Section.
(e) A civil action against a person for financial
exploitation, as defined in subsection (a) of Section 2-6.2 of
this Act, may be brought by an interested person, pursuant to
this Section, after the death of the victim or during the
lifetime of the victim if the victim is adjudicated a person
with a disability disabled. A guardian is under no duty to
bring a civil action under this subsection during the ward's
lifetime, but may do so if the guardian believes it is in the
best interests of the ward.
(f) The court may, in its discretion, consider such facts
and circumstances as it deems appropriate to allow the person
convicted or found civilly liable for financial exploitation,
as defined in subsection (a) of Section 2-6.2 of this Act, to
receive a reduction in interest or benefit rather than no
interest or benefit as stated under subsection (a) of this
Section.

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(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;
98-833, eff. 8-1-14.)
(755 ILCS 5/6-2) (from Ch. 110 1/2, par. 6-2)
Sec. 6-2. Petition to admit will or to issue letters.)
Anyone desiring to have a will admitted to probate must file a
petition therefor in the court of the proper county. The
petition must state, if known: (a) the name and place of
residence of the testator at the time of his death; (b) the
date and place of death; (c) the date of the will and the fact
that petitioner believes the will to be the valid last will of
the testator; (d) the approximate value of the testator's real
and personal estate in this State; (e) the names and post
office addresses of all heirs and legatees of the testator and
whether any of them is a minor or a person with a disability
disabled person; (f) the name and post office address of the
executor; and (g) unless supervised administration is
requested, the name and address of any personal fiduciary
acting or designated to act pursuant to Section 28-3. When the
will creates or adds to a trust and the petition states the
name and address of the trustee, the petition need not state
the name and address of any beneficiary of the trust who is not
an heir or legatee. If letters of administration with the will
annexed are sought, the petition must also state, if known: (a)
the reason for the issuance of the letters, (b) facts showing
the right of the petitioner to act as, or to nominate, the

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administrator with the will annexed, (c) the name and post
office address of the person nominated and of each person
entitled either to administer or to nominate a person to
administer equally with or in preference to the petitioner and
(d) if the will has been previously admitted to probate, the
date of admission. If a petition for letters of administration
with the will annexed states that there are one or more persons
entitled either to administer or to nominate a person to
administer equally with or in preference to the petitioner, the
petitioner must mail a copy of the petition to each such person
as provided in Section 9-5 and file proof of mailing with the
clerk of the court.
(Source: P.A. 84-555; 84-690.)
(755 ILCS 5/6-6) (from Ch. 110 1/2, par. 6-6)
Sec. 6-6. Proof of handwriting of a deceased, disabled or
inaccessible witness or a witness with a disability.) (a) If a
witness to a will (1) is dead, (2) is blind, (3) is mentally or
physically incapable of testifying, (4) cannot be found, (5) is
in active service of the armed forces of the United States or
(6) is outside this State, the court may admit proof of the
handwriting of the witness and such other secondary evidence as
is admissible in any court of record to establish written
contracts and may admit the will to probate as though it had
been proved by the testimony of the witness. On motion of any
interested person or on its own motion, the court may require

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that the deposition of any such witness, who can be found, is
mentally and physically capable of testifying and is not in the
active service of the armed forces of the United States outside
of the continental United States, be taken as the best evidence
thereof.
(b) As used in this Section, "continental United States"
means the States of the United States and the District of
Columbia.
(Source: P.A. 81-213.)
(755 ILCS 5/6-10) (from Ch. 110 1/2, par. 6-10)
Sec. 6-10. Notice - waiver.) (a) Not more than 14 days
after entry of an order admitting or denying admission of a
will to probate or appointing a representative, the
representative or, if none, the petitioner must mail a copy of
the petition to admit the will or for letters and a copy of the
order showing the date of entry to each of the testator's heirs
and legatees whose names and post office addresses are stated
in the petition. If the name or post office address of any heir
or legatee is not stated in the petition, the representative
or, if none, the petitioner must publish a notice once a week
for 3 successive weeks, the first publication to be not more
than 14 days after entry of the order, describing the order and
the date of entry. The notice shall be published in a newspaper
published in the county where the order was entered and may be
combined with a notice under Section 18-3. When the petition

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names a trustee of a trust, it is not necessary to publish for
or mail copies of the petition and order to any beneficiary of
the trust who is not an heir or legatee. The information mailed
or published under this Section must include an explanation, in
form prescribed by rule of the Supreme Court of this State, of
the rights of heirs and legatees to require formal proof of
will under Section 6-21 and to contest the admission or denial
of admission of the will to probate under Section 8-1 or 8-2.
The petitioner or representative must file proof of mailing and
publication, if publication is required, with the clerk of the
court.
(b) A copy of the petition and of the order need not be
sent to and notice need not be published for any person who is
not designated in the petition as a minor or person with a
disability disabled person and who personally appeared before
the court at the hearing or who filed his waiver of notice.
(Source: P.A. 81-1453.)
(755 ILCS 5/6-12) (from Ch. 110 1/2, par. 6-12)
Sec. 6-12. Appointment of guardian ad litem.) When an heir
or legatee of a testator is a minor or person with a disability
disabled person who is entitled to notice under Section 6-10 at
the time an order is entered admitting or denying admission of
a will to probate or who is entitled to notice under Section
6-20 or 6-21 of the hearing on the petition to admit the will,
the court may appoint a guardian ad litem to protect the

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interests of the ward with respect to the admission or denial,
or to represent the ward at the hearing, if the court finds
that (a) the interests of the ward are not adequately
represented by a personal fiduciary acting or designated to act
pursuant to Section 28-3 or by another party having a
substantially identical interest in the proceedings and the
ward is not represented by a guardian of his estate and (b) the
appointment of a guardian ad litem is necessary to protect the
ward's interests.
(Source: P.A. 81-213.)
(755 ILCS 5/6-13) (from Ch. 110 1/2, par. 6-13)
Sec. 6-13. Who may act as executor.) (a) A person who has
attained the age of 18 years and is a resident of the United
States, is not of unsound mind, is not an adjudged person with
a disability disabled person as defined in this Act and has not
been convicted of a felony, is qualified to act as executor.
(b) If a person named as executor in a will is not
qualified to act at the time of admission of the will to
probate but thereafter becomes qualified and files a petition
for the issuance of letters, takes oath and gives bond as
executor, the court may issue letters testamentary to him as
co-executor with the executor who has qualified or if no
executor has qualified the court may issue letters testamentary
to him and revoke the letters of administration with the will
annexed.

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The court may in its discretion require a nonresident
executor to furnish a bond in such amount and with such surety
as the court determines notwithstanding any contrary provision
of the will.
(Source: P.A. 85-692.)
(755 ILCS 5/6-20) (from Ch. 110 1/2, par. 6-20)
Sec. 6-20. Petition to admit will to probate on presumption
of death of testator - notice.) (a) Anyone desiring to have a
will admitted to probate on the presumption of death of the
testator must file a petition therefor in the court of the
proper county. The petition must state, in addition to the
information required by Section 6-2 (other than clauses (a) and
(b)), the facts and circumstances raising the presumption, the
name and last known post office address of the testator and, if
known, the name and post office address of each person in
possession or control of any property of the testator.
(b) Not less than 30 days before the hearing on the
petition the petitioner must (1) mail a copy of the petition to
the testator at his last known address, to each of the
testator's heirs and legatees whose names and post office
addresses are stated in the petition and to each person shown
by the petition to be in possession or control of any property
of the testator, and (2) publish a notice of the hearing on the
petition once a week for 3 successive weeks, the first
publication to be not less than 30 days before the hearing. The

HB4049 Enrolled - 1839 - LRB099 03667 KTG 23678 b
notice must state the time and place of the hearing, the name
of the testator and, when known, the names of the heirs and
legatees. The petitioner shall endorse the time and place of
the hearing on each copy of the petition mailed by him. When
the petition names a trustee of a trust, it is not necessary to
mail a copy of the petition to any beneficiary of the trust who
is not an heir or legatee, or to include the name of such
beneficiary in the published notice. If any person objects to
the admission of the will to probate, the court may require
that such notice of the time and place of the hearing as it
directs be given to any beneficiary of the trust not previously
notified. The petitioner must file proof of mailing and proof
of publication with the clerk of the court.
(c) A copy of the petition need not be sent to any person
not designated in the petition as a minor or person with a
disability disabled person who personally appears before the
court at the hearing or who files his waiver of notice.
(d) When a will is admitted to probate on presumption of
the testator's death, the notice provided for in Section 6-10
is not required.
(Source: P.A. 81-1453.)
(755 ILCS 5/9-1) (from Ch. 110 1/2, par. 9-1)
Sec. 9-1. Who may act as administrator. A person who has
attained the age of 18 years, is a resident of the United
States, is not of unsound mind, is not an adjudged person with

HB4049 Enrolled - 1840 - LRB099 03667 KTG 23678 b
a disability disabled person as defined in this Act and has not
been convicted of a felony, is qualified to act as
administrator.
(Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97.)
(755 ILCS 5/9-3) (from Ch. 110 1/2, par. 9-3)
Sec. 9-3. Persons entitled to preference in obtaining
letters. The following persons are entitled to preference in
the following order in obtaining the issuance of letters of
administration and of administration with the will annexed:
(a) The surviving spouse or any person nominated by the
surviving spouse.
(b) The legatees or any person nominated by them, with
preference to legatees who are children.
(c) The children or any person nominated by them.
(d) The grandchildren or any person nominated by them.
(e) The parents or any person nominated by them.
(f) The brothers and sisters or any person nominated by
them.
(g) The nearest kindred or any person nominated by them.
(h) The representative of the estate of a deceased ward.
(i) The Public Administrator.
(j) A creditor of the estate.
Only a person qualified to act as administrator under this
Act may nominate, except that the guardian of the estate, if
any, otherwise the guardian of the person, of a person who is

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not qualified to act as administrator solely because of
minority or legal disability may nominate on behalf of the
minor or person with a disability disabled person in accordance
with the order of preference set forth in this Section. A
person who has been removed as representative under this Act
loses the right to name a successor.
When several persons are claiming and are equally entitled
to administer or to nominate an administrator, the court may
grant letters to one or more of them or to the nominee of one or
more of them.
(Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97;
90-655, eff. 7-30-98.)
(755 ILCS 5/9-4) (from Ch. 110 1/2, par. 9-4)
Sec. 9-4. Petition to issue letters.) Anyone desiring to
have letters of administration issued on the estate of an
intestate decedent shall file a petition therefor in the court
of the proper county. The petition shall state, if known: (a)
the name and place of residence of the decedent at the time of
his death; (b) the date and place of death; (c) the approximate
value of the decedent's real and personal estate in this State;
(d) the names and post office addresses of all heirs of the
decedent and whether any of them is a minor or person with a
disability disabled person and whether any of them is entitled
either to administer or to nominate a person to administer
equally with or in preference to the petitioner; (e) the name

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and post office address of the person nominated as
administrator; (f) the facts showing the right of the
petitioner to act as or to nominate the administrator; (g) when
letters of administration de bonis non are sought, the reason
for the issuance of the letters; and (h) unless supervised
administration is requested, the name and address of any
personal fiduciary acting or designated to act pursuant to
Section 28-3.
(Source: P.A. 84-555; 84-690.)
(755 ILCS 5/9-5) (from Ch. 110 1/2, par. 9-5)
Sec. 9-5. Notice-Waiver.) (a) Not less than 30 days before
the hearing on the petition to issue letters, the petitioner
shall mail a copy of the petition, endorsed with the time and
place of the hearing, to each person named in the petition
whose post office address is stated and who is entitled either
to administer or to nominate a person to administer equally
with or in preference to the petitioner.
(b) Not more than 14 days after entry of an order directing
that original letters of office issue to an administrator, the
administrator shall mail a copy of the petition to issue
letters and a copy of the order showing the date of its entry
to each of the decedent's heirs who was not entitled to notice
of the hearing on the petition under subsection (a). If the
name or post office address of any heir is not stated in the
petition, the administrator shall publish a notice once a week

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for 3 successive weeks, the first publication to be not more
than 14 days after entry of the order, describing the order and
the date of entry. The notice shall be published in a newspaper
published in the county where the order was entered and may be
combined with a notice under Section 18-3. The administrator
shall file proof of mailing and publication, if publication is
required, with the clerk of the court.
(c) A copy of the petition and of the order need not be
sent to, nor notice published for, any person not designated in
the petition as a minor or as a person with a disability
disabled person and who personally appeared before the court at
the hearing or who files his waiver of notice.
(Source: P.A. 84-555; 84-690.)
(755 ILCS 5/9-6) (from Ch. 110 1/2, par. 9-6)
Sec. 9-6. Petition to issue letters on presumption of death
of decedent - notice - waiver.) (a) Anyone desiring to have
original letters of administration issued on the presumption of
death of the decedent shall file a petition therefor in the
court of the proper county. The petition shall state, in
addition to the information required by clauses (c) through (h)
of Section 9-4, the facts and circumstances raising the
presumption, the name and last known post office address of the
decedent and, if known, the name and post office address of
each person in possession or control of any property of the
decedent.

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(b) Not less than 30 days before the hearing on the
petition the petitioner shall (1) mail a copy of the petition
to the decedent at his last known address, to each heir whose
name and post office address are stated in the petition and to
each person shown by the petition to be in possession or
control of any property of the decedent, and (2) publish a
notice of the hearing on the petition once a week for 3
successive weeks, the first publication to be not less than 30
days before the hearing. The notice shall be published in a
newspaper published in the county where the petition is filed.
The notice shall state the time and place of the hearing, the
name of the decedent and, when known, the names of the heirs.
The petitioner shall endorse the time and place of the hearing
on each copy of the petition mailed by him. The petitioner
shall file a proof of mailing and of publication with the clerk
of the court.
(c) A copy of the petition need not be sent to any person
not designated in the petition as a minor or as a person with a
disability disabled person and who personally appeared before
the court at the hearing or who filed his waiver of notice.
(Source: P.A. 84-555; 84-690.)
(755 ILCS 5/9-8) (from Ch. 110 1/2, par. 9-8)
Sec. 9-8. Distribution on summary administration. Upon the
filing of a petition therefor in the court of the proper county
by any interested person and after ascertainment of heirship of

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the decedent and admission of the will, if any, to probate, if
it appears to the court that:
(a) the gross value of the decedent's real and personal
estate subject to administration in this State as itemized
in the petition does not exceed $100,000;
(b) there is no unpaid claim against the estate, or all
claimants known to the petitioner, with the amount known by
him to be due to each of them, are listed in the petition;
(c) no tax will be due to the United States or to this
State by reason of the death of the decedent or all such
taxes have been paid or provided for or are the obligation
of another fiduciary;
(d) no person is entitled to a surviving spouse's or
child's award under this Act, or a surviving spouse's or
child's award is allowable under this Act, and the name and
age of each person entitled to an award, with the minimum
award allowable under this Act to the surviving spouse or
child, or each of them, and the amount, if any, theretofore
paid to the spouse or child on such award, are listed in
the petition;
(e) all heirs and legatees of the decedent have
consented in writing to distribution of the estate on
summary administration (and if an heir or legatee is a
minor or person with a disability disabled person, the
consent may be given on his behalf by his parent, spouse,
adult child, person in loco parentis, guardian or guardian

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ad litem);
(f) each distributee gives bond in the value of his
distributive share, conditioned to refund the due
proportion of any claim entitled to be paid from the estate
distributed, including the claim of any person having a
prior right to such distribution, together with expenses of
recovery, including reasonable attorneys' fees, with
surety to be approved by the court. If at any time after
payment of a distributive share it becomes necessary for
all or any part of the distributive share to be refunded
for the payment of any claim entitled to be paid from the
estate distributed or to provide for a distribution to any
person having a prior right thereto, upon petition of any
interested person the court shall order the distributee to
refund that portion of his distributive share which is
necessary for such purposes. If there is more than one
distributee, the court shall apportion among the
distributees the amount to be refunded according to the
amount received by each of them, but specific and general
legacies need not be refunded unless the residue is
insufficient to satisfy the claims entitled to be paid from
the estate distributed. If a distributee refuses to refund
within 60 days after being ordered by the court to do so
and upon demand, the refusal is deemed a breach of the bond
and a civil action may be maintained by the claimant or
person having a prior right to a distribution against the

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distributee and the surety or either of them for the amount
due together with the expenses of recovery, including
reasonable attorneys' fees. The order of the court is
evidence of the amount due;
(g) the petitioner has published a notice informing all
persons of the death of the decedent, of the filing of the
petition for distribution of the estate on summary
administration and of the date, time and place of the
hearing on the petition (the notice having been published
once a week for 3 successive weeks in a newspaper published
in the county where the petition has been filed, the first
publication having been made not less than 30 days prior to
the hearing) and has filed proof of publication with the
clerk of the court;
the court may determine the rights of claimants and other
persons interested in the estate, direct payment of claims and
distribution of the estate on summary administration and excuse
the issuance of letters of office or revoke the letters which
have been issued and discharge the representative.
Any claimant may file his claim in the proceeding at or
before the hearing on the petition, but failure to do so does
not deprive the claimant of his right to enforce his claim in
any other manner provided by law.
A petition for distribution on summary administration may
be combined with or filed separately from a petition for
probate of a will or for administration of an estate.

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(Source: P.A. 93-277, eff. 1-1-04.)
(755 ILCS 5/11-3) (from Ch. 110 1/2, par. 11-3)
Sec. 11-3. Who may act as guardian.
(a) A person is qualified to act as guardian of the person
and as guardian of the estate if the court finds that the
proposed guardian is capable of providing an active and
suitable program of guardianship for the minor and that the
proposed guardian:
(1) has attained the age of 18 years;
(2) is a resident of the United States;
(3) is not of unsound mind;
(4) is not an adjudged person with a disability
disabled person as defined in this Act; and
(5) has not been convicted of a felony, unless the
court finds appointment of the person convicted of a felony
to be in the minor's best interests, and as part of the
best interest determination, the court has considered the
nature of the offense, the date of offense, and the
evidence of the proposed guardian's rehabilitation. No
person shall be appointed who has been convicted of a
felony involving harm or threat to a child, including a
felony sexual offense.
One person may be appointed guardian of the person and another
person appointed guardian of the estate.
(b) The Department of Human Services or the Department of

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Children and Family Services may with the approval of the court
designate one of its employees to serve without fees as
guardian of the estate of a minor patient in a State mental
hospital or a resident in a State institution when the value of
the personal estate does not exceed $1,000.
(Source: P.A. 94-579, eff. 8-12-05.)
(755 ILCS 5/Art. XIa heading)
ARTICLE XIa
GUARDIANS FOR ADULTS WITH DISABILITIES DISABLED ADULTS
(755 ILCS 5/11a-1) (from Ch. 110 1/2, par. 11a-1)
Sec. 11a-1. Developmental disability defined.)
"Developmental disability" means a disability which is
attributable to: (a) an intellectual disability, cerebral
palsy, epilepsy or autism; or to (b) any other condition which
results in impairment similar to that caused by an intellectual
disability and which requires services similar to those
required by persons with intellectual disabilities
intellectually disabled persons. Such disability must
originate before the age of 18 years, be expected to continue
indefinitely, and constitute a substantial disability
handicap.
(Source: P.A. 97-227, eff. 1-1-12.)
(755 ILCS 5/11a-2) (from Ch. 110 1/2, par. 11a-2)

HB4049 Enrolled - 1850 - LRB099 03667 KTG 23678 b
Sec. 11a-2. "Person with a disability Disabled person"
defined.) "Person with a disability Disabled person" means a
person 18 years or older who (a) because of mental
deterioration or physical incapacity is not fully able to
manage his person or estate, or (b) is a person with mental
illness or a person with a developmental disability and who
because of his mental illness or developmental disability is
not fully able to manage his person or estate, or (c) because
of gambling, idleness, debauchery or excessive use of
intoxicants or drugs, so spends or wastes his estate as to
expose himself or his family to want or suffering, or (d) is
diagnosed with fetal alcohol syndrome or fetal alcohol effects.
(Source: P.A. 95-561, eff. 1-1-08.)
(755 ILCS 5/11a-3) (from Ch. 110 1/2, par. 11a-3)
Sec. 11a-3. Adjudication of disability; Power to appoint
guardian.
(a) Upon the filing of a petition by a reputable person or
by the alleged person with a disability disabled person himself
or on its own motion, the court may adjudge a person to be a
person with a disability disabled person, but only if it has
been demonstrated by clear and convincing evidence that the
person is a person with a disability disabled person as defined
in Section 11a-2. If the court adjudges a person to be a person
with a disability disabled person, the court may appoint (1) a
guardian of his person, if it has been demonstrated by clear

HB4049 Enrolled - 1851 - LRB099 03667 KTG 23678 b
and convincing evidence that because of his disability he lacks
sufficient understanding or capacity to make or communicate
responsible decisions concerning the care of his person, or (2)
a guardian of his estate, if it has been demonstrated by clear
and convincing evidence that because of his disability he is
unable to manage his estate or financial affairs, or (3) a
guardian of his person and of his estate.
(b) Guardianship shall be utilized only as is necessary to
promote the well-being of the person with a disability disabled
person, to protect him from neglect, exploitation, or abuse,
and to encourage development of his maximum self-reliance and
independence. Guardianship shall be ordered only to the extent
necessitated by the individual's actual mental, physical and
adaptive limitations.
(Source: P.A. 93-435, eff. 1-1-04.)
(755 ILCS 5/11a-3.1)
Sec. 11a-3.1. Appointment of standby guardian.
(a) The guardian of a person with a disability disabled
person may designate in any writing, including a will, a person
qualified to act under Section 11a-5 to be appointed as standby
guardian of the person or estate, or both, of the person with a
disability disabled person. The guardian may designate in any
writing, including a will, a person qualified to act under
Section 11a-5 to be appointed as successor standby guardian of
the disabled person's person or estate of the person with a

HB4049 Enrolled - 1852 - LRB099 03667 KTG 23678 b
disability, or both. The designation must be witnessed by 2 or
more credible witnesses at least 18 years of age, neither of
whom is the person designated as the standby guardian. The
designation may be proved by any competent evidence. If the
designation is executed and attested in the same manner as a
will, it shall have prima facie validity. Prior to designating
a proposed standby guardian, the guardian shall consult with
the person with a disability disabled person to determine the
disabled person's preference of the person with a disability as
to the person who will serve as standby guardian. The guardian
shall give due consideration to the preference of the person
with a disability disabled person in selecting a standby
guardian.
(b) Upon the filing of a petition for the appointment of a
standby guardian, the court may appoint a standby guardian of
the person or estate, or both, of the person with a disability
disabled person as the court finds to be in the best interest
of the person with a disability disabled person. The court
shall apply the same standards used in determining the
suitability of a plenary or limited guardian in determining the
suitability of a standby guardian, giving due consideration to
the preference of the person with a disability disabled person
as to a standby guardian. The court may not appoint the Office
of State Guardian, pursuant to Section 30 of the Guardianship
and Advocacy Act, or a public guardian, pursuant to Section
13-5 of this Act, as a standby guardian, without the written

HB4049 Enrolled - 1853 - LRB099 03667 KTG 23678 b
consent of the State Guardian or public guardian or an
authorized representative of the State Guardian or public
guardian.
(c) The standby guardian shall take and file an oath or
affirmation that the standby guardian will faithfully
discharge the duties of the office of standby guardian
according to law, and shall file in and have approved by the
court a bond binding the standby guardian so to do, but shall
not be required to file a bond until the standby guardian
assumes all duties as guardian of the person with a disability
disabled person under Section 11a-18.2.
(d) The designation of a standby guardian may, but need
not, be in the following form:
DESIGNATION OF STANDBY GUARDIAN
[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
A standby guardian is someone who has been appointed by
the court as the person who will act as guardian of the
person with a disability disabled person when the disabled
person's guardian of the person with a disability dies or
is no longer willing or able to make and carry out
day-to-day care decisions concerning the person with a
disability disabled person. By properly completing this
form, a guardian is naming the person that the guardian
wants to be appointed as the standby guardian of the person
with a disability disabled person. Signing the form does
not appoint the standby guardian; to be appointed, a

HB4049 Enrolled - 1854 - LRB099 03667 KTG 23678 b
petition must be filed in and approved by the court.]
1. Guardian and Ward. I, (insert name of designating
guardian), currently residing at (insert address of
designating guardian), am the guardian of the following
person with a disability disabled person: (insert name of
ward).
2. Standby Guardian. I hereby designate the following
person to be appointed as standby guardian for my ward
listed above: (insert name and address of person
designated).
3. Successor Standby Guardian. If the person named in
item 2 above cannot or will not act as standby guardian, I
designate the following person to be appointed as successor
standby guardian for my ward: (insert name and address of
person designated).
4. Date and Signature. This designation is made this
(insert day) day of (insert month and year).
Signed: (designating guardian)
5. Witnesses. I saw the guardian sign this designation
or the guardian told me that the guardian signed this
designation. Then I signed the designation as a witness in
the presence of the guardian. I am not designated in this
instrument to act as a standby guardian for the guardian's
ward. (insert space for names, addresses, and signatures of
2 witnesses)
(Source: P.A. 90-796, eff. 12-15-98.)

HB4049 Enrolled - 1855 - LRB099 03667 KTG 23678 b
(755 ILCS 5/11a-3.2)
Sec. 11a-3.2. Short-term guardian.
(a) The guardian of a person with a disability disabled
person may appoint in writing, without court approval, a
short-term guardian of the person with a disability disabled
person to take over the guardian's duties, to the extent
provided in Section 11a-18.3, each time the guardian is
unavailable or unable to carry out those duties. The guardian
shall consult with the person with a disability disabled person
to determine the disabled person's preference of the person
with a disability concerning the person to be appointed as
short-term guardian and the guardian shall give due
consideration to the disabled person's preference of the person
with a disability in choosing a short-term guardian. The
written instrument appointing a short-term guardian shall be
dated and shall identify the appointing guardian, the person
with a disability disabled person, the person appointed to be
the short-term guardian, and the termination date of the
appointment. The written instrument shall be signed by, or at
the direction of, the appointing guardian in the presence of at
least 2 credible witnesses at least 18 years of age, neither of
whom is the person appointed as the short-term guardian. The
person appointed as the short-term guardian shall also sign the
written instrument, but need not sign at the same time as the
appointing guardian. A guardian may not appoint the Office of

HB4049 Enrolled - 1856 - LRB099 03667 KTG 23678 b
State Guardian or a public guardian as a short-term guardian,
without the written consent of the State Guardian or public
guardian or an authorized representative of the State Guardian
or public guardian.
(b) The appointment of the short-term guardian is effective
immediately upon the date the written instrument is executed,
unless the written instrument provides for the appointment to
become effective upon a later specified date or event. A
short-term guardian appointed by the guardian shall have
authority to act as guardian of the person with a disability
disabled person for a cumulative total of 60 days during any 12
month period. Only one written instrument appointing a
short-term guardian may be in force at any given time.
(c) Every appointment of a short-term guardian may be
amended or revoked by the appointing guardian at any time and
in any manner communicated to the short-term guardian or to any
other person. Any person other than the short-term guardian to
whom a revocation or amendment is communicated or delivered
shall make all reasonable efforts to inform the short-term
guardian of that fact as promptly as possible.
(d) The appointment of a short-term guardian or successor
short-term guardian does not affect the rights in the person
with a disability disabled person of any guardian other than
the appointing guardian.
(e) The written instrument appointing a short-term
guardian may, but need not, be in the following form:

HB4049 Enrolled - 1857 - LRB099 03667 KTG 23678 b
APPOINTMENT OF SHORT-TERM GUARDIAN
[IT IS IMPORTANT TO READ THE FOLLOWING INSTRUCTIONS:
By properly completing this form, a guardian is
appointing a short-term guardian of the person with a
disability disabled person for a cumulative total of up to
60 days during any 12 month period. A separate form shall
be completed each time a short-term guardian takes over
guardianship duties. The person or persons appointed as the
short-term guardian shall sign the form, but need not do so
at the same time as the guardian.]
1. Guardian and Ward. I, (insert name of appointing
guardian), currently residing at (insert address of
appointing guardian), am the guardian of the following
person with a disability disabled person: (insert name of
ward).
2. Short-term Guardian. I hereby appoint the following
person as the short-term guardian for my ward: (insert name
and address of appointed person).
3. Effective date. This appointment becomes effective:
(check one if you wish it to be applicable)
( ) On the date that I state in writing that I am no
longer either willing or able to make and carry out
day-to-day care decisions concerning my ward.
( ) On the date that a physician familiar with my
condition certifies in writing that I am no longer willing

HB4049 Enrolled - 1858 - LRB099 03667 KTG 23678 b
or able to make and carry out day-to-day care decisions
concerning my ward.
( ) On the date that I am admitted as an in-patient to
a hospital or other health care institution.
( ) On the following date: (insert date).
( ) Other: (insert other).
[NOTE: If this item is not completed, the appointment
is effective immediately upon the date the form is signed
and dated below.]
4. Termination. This appointment shall terminate on:
(enter a date corresponding to 60 days from the current
date, less the number of days within the past 12 months
that any short-term guardian has taken over guardianship
duties), unless it terminates sooner as determined by the
event or date I have indicated below: (check one if you
wish it to be applicable)
( ) On the date that I state in writing that I am
willing and able to make and carry out day-to-day care
decisions concerning my ward.
( ) On the date that a physician familiar with my
condition certifies in writing that I am willing and able
to make and carry out day-to-day care decisions concerning
my ward.
( ) On the date that I am discharged from the hospital
or other health care institution where I was admitted as an
in-patient, which established the effective date.

HB4049 Enrolled - 1859 - LRB099 03667 KTG 23678 b
( ) On the date which is (state a number of days) days
after the effective date.
( ) Other: (insert other).
[NOTE: If this item is not completed, the appointment
will be effective until the 60th day within the past year
during which time any short-term guardian of this ward had
taken over guardianship duties from the guardian,
beginning on the effective date.]
5. Date and signature of appointing guardian. This
appointment is made this (insert day) day of (insert month
and year).
Signed: (appointing guardian)
6. Witnesses. I saw the guardian sign this instrument
or I saw the guardian direct someone to sign this
instrument for the guardian. Then I signed this instrument
as a witness in the presence of the guardian. I am not
appointed in this instrument to act as the short-term
guardian for the guardian's ward. (insert space for names,
addresses, and signatures of 2 witnesses)
7. Acceptance of short-term guardian. I accept this
appointment as short-term guardian on this (insert day) day
of (insert month and year).
Signed: (short-term guardian)
(f) Each time the guardian appoints a short-term guardian,
the guardian shall: (i) provide the person with a disability
disabled person with the name, address, and telephone number of

HB4049 Enrolled - 1860 - LRB099 03667 KTG 23678 b
the short-term guardian; (ii) advise the person with a
disability disabled person that he has the right to object to
the appointment of the short-term guardian by filing a petition
in court; and (iii) notify the person with a disability
disabled person when the short-term guardian will be taking
over guardianship duties and the length of time that the
short-term guardian will be acting as guardian.
(Source: P.A. 90-796, eff. 12-15-98.)
(755 ILCS 5/11a-4) (from Ch. 110 1/2, par. 11a-4)
Sec. 11a-4. Temporary guardian.
(a) Prior to the appointment of a guardian under this
Article, pending an appeal in relation to the appointment, or
pending the completion of a citation proceeding brought
pursuant to Section 23-3 of this Act, or upon a guardian's
death, incapacity, or resignation, the court may appoint a
temporary guardian upon a showing of the necessity therefor for
the immediate welfare and protection of the alleged person with
a disability disabled person or his or her estate on such
notice and subject to such conditions as the court may
prescribe. In determining the necessity for temporary
guardianship, the immediate welfare and protection of the
alleged person with a disability disabled person and his or her
estate shall be of paramount concern, and the interests of the
petitioner, any care provider, or any other party shall not
outweigh the interests of the alleged person with a disability

HB4049 Enrolled - 1861 - LRB099 03667 KTG 23678 b
disabled person. The temporary guardian shall have all of the
powers and duties of a guardian of the person or of the estate
which are specifically enumerated by court order. The court
order shall state the actual harm identified by the court that
necessitates temporary guardianship or any extension thereof.
(b) The temporary guardianship shall expire within 60 days
after the appointment or whenever a guardian is regularly
appointed, whichever occurs first. No extension shall be
granted except:
(1) In a case where there has been an adjudication of
disability, an extension shall be granted:
(i) pending the disposition on appeal of an
adjudication of disability;
(ii) pending the completion of a citation
proceeding brought pursuant to Section 23-3;
(iii) pending the appointment of a successor
guardian in a case where the former guardian has
resigned, has become incapacitated, or is deceased; or
(iv) where the guardian's powers have been
suspended pursuant to a court order.
(2) In a case where there has not been an adjudication
of disability, an extension shall be granted pending the
disposition of a petition brought pursuant to Section 11a-8
so long as the court finds it is in the best interest of
the alleged person with a disability disabled person to
extend the temporary guardianship so as to protect the

HB4049 Enrolled - 1862 - LRB099 03667 KTG 23678 b
alleged person with a disability disabled person from any
potential abuse, neglect, self-neglect, exploitation, or
other harm and such extension lasts no more than 120 days
from the date the temporary guardian was originally
appointed.
The ward shall have the right any time after the
appointment of a temporary guardian is made to petition the
court to revoke the appointment of the temporary guardian.
(Source: P.A. 97-614, eff. 1-1-12.)
(755 ILCS 5/11a-5) (from Ch. 110 1/2, par. 11a-5)
Sec. 11a-5. Who may act as guardian.
(a) A person is qualified to act as guardian of the person
and as guardian of the estate of a person with a disability
disabled person if the court finds that the proposed guardian
is capable of providing an active and suitable program of
guardianship for the person with a disability disabled person
and that the proposed guardian:
(1) has attained the age of 18 years;
(2) is a resident of the United States;
(3) is not of unsound mind;
(4) is not an adjudged person with a disability
disabled person as defined in this Act; and
(5) has not been convicted of a felony, unless the
court finds appointment of the person convicted of a felony
to be in the disabled person's best interests of the person

HB4049 Enrolled - 1863 - LRB099 03667 KTG 23678 b
with a disability, and as part of the best interest
determination, the court has considered the nature of the
offense, the date of offense, and the evidence of the
proposed guardian's rehabilitation. No person shall be
appointed who has been convicted of a felony involving harm
or threat to a minor or an elderly person or a person with
a disability or disabled person, including a felony sexual
offense.
(b) Any public agency, or not-for-profit corporation found
capable by the court of providing an active and suitable
program of guardianship for the person with a disability
disabled person, taking into consideration the nature of such
person's disability and the nature of such organization's
services, may be appointed guardian of the person or of the
estate, or both, of the person with a disability disabled
person. The court shall not appoint as guardian an agency which
is directly providing residential services to the ward. One
person or agency may be appointed guardian of the person and
another person or agency appointed guardian of the estate.
(c) Any corporation qualified to accept and execute trusts
in this State may be appointed guardian of the estate of a
person with a disability disabled person.
(Source: P.A. 98-120, eff. 1-1-14.)
(755 ILCS 5/11a-6) (from Ch. 110 1/2, par. 11a-6)
Sec. 11a-6. Designation of Guardian.) A person, while of

HB4049 Enrolled - 1864 - LRB099 03667 KTG 23678 b
sound mind and memory, may designate in writing a person,
corporation or public agency qualified to act under Section
11a-5, to be appointed as guardian or as successor guardian of
his person or of his estate or both, in the event he is
adjudged to be a person with a disability disabled person. The
designation may be proved by any competent evidence, but if it
is executed and attested in the same manner as a will, it shall
have prima facie validity. If the court finds that the
appointment of the one designated will serve the best interests
and welfare of the ward, it shall make the appointment in
accordance with the designation. The selection of the guardian
shall be in the discretion of the court whether or not a
designation is made.
(Source: P.A. 81-795.)
(755 ILCS 5/11a-8) (from Ch. 110 1/2, par. 11a-8)
Sec. 11a-8. Petition. The petition for adjudication of
disability and for the appointment of a guardian of the estate
or the person or both of an alleged person with a disability
disabled person must state, if known or reasonably
ascertainable: (a) the relationship and interest of the
petitioner to the respondent; (b) the name, date of birth, and
place of residence of the respondent; (c) the reasons for the
guardianship; (d) the name and post office address of the
respondent's guardian, if any, or of the respondent's agent or
agents appointed under the Illinois Power of Attorney Act, if

HB4049 Enrolled - 1865 - LRB099 03667 KTG 23678 b
any; (e) the name and post office addresses of the nearest
relatives of the respondent in the following order: (1) the
spouse and adult children, parents and adult brothers and
sisters, if any; if none, (2) nearest adult kindred known to
the petitioner; (f) the name and address of the person with
whom or the facility in which the respondent is residing; (g)
the approximate value of the personal and real estate; (h) the
amount of the anticipated annual gross income and other
receipts; (i) the name, post office address and in case of an
individual, the age, relationship to the respondent and
occupation of the proposed guardian. In addition, if the
petition seeks the appointment of a previously appointed
standby guardian as guardian of the person with a disability
disabled person, the petition must also state: (j) the facts
concerning the standby guardian's previous appointment and (k)
the date of death of the disabled person's guardian of the
person with a disability or the facts concerning the consent of
the disabled person's guardian of the person with a disability
to the appointment of the standby guardian as guardian, or the
willingness and ability of the disabled person's guardian of
the person with a disability to make and carry out day-to-day
care decisions concerning the person with a disability disabled
person. A petition for adjudication of disability and the
appointment of a guardian of the estate or the person or both
of an alleged person with a disability disabled person may not
be dismissed or withdrawn without leave of the court.

HB4049 Enrolled - 1866 - LRB099 03667 KTG 23678 b
(Source: P.A. 89-396, eff. 8-20-95; 90-796, eff. 12-15-98.)
(755 ILCS 5/11a-8.1)
Sec. 11a-8.1. Petition for standby guardian of the person
with a disability disabled person. The petition for appointment
of a standby guardian of the person or the estate, or both, of
a person with a disability disabled person must state, if
known: (a) the name, date of birth, and residence of the person
with a disability disabled person; (b) the names and post
office addresses of the nearest relatives of the person with a
disability disabled person in the following order: (1) the
spouse and adult children, parents and adult brothers and
sisters, if any; if none, (2) nearest adult kindred known to
the petitioner; (c) the name and post office address of the
person having guardianship of the person with a disability
disabled person, and of any person or persons acting as agents
of the person with a disability disabled person under the
Illinois Power of Attorney Act; (d) the name, post office
address, and, in case of any individual, the age and occupation
of the proposed standby guardian; (e) the preference of the
person with a disability disabled person as to the choice of
standby guardian; (f) the facts concerning the consent of the
disabled person's guardian of the person with a disability to
the appointment of the standby guardian, or the willingness and
ability of the disabled person's guardian of the person with a
disability to make and carry out day-to-day care decisions

HB4049 Enrolled - 1867 - LRB099 03667 KTG 23678 b
concerning the person with a disability disabled person; (g)
the facts concerning the execution or admission to probate of
the written designation of the standby guardian, if any, a copy
of which shall be attached to or filed with the petition; (h)
the facts concerning any guardianship court actions pending
concerning the person with a disability disabled person; and
(i) the facts concerning the willingness of the proposed
standby guardian to serve, and in the case of the Office of
State Guardian and any public guardian, evidence of a written
acceptance to serve signed by the State Guardian or public
guardian or an authorized representative of the State Guardian
or public guardian, consistent with subsection (b) of Section
11a-3.1.
(Source: P.A. 90-796, eff. 12-15-98.)
(755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10)
Sec. 11a-10. Procedures preliminary to hearing.
(a) Upon the filing of a petition pursuant to Section
11a-8, the court shall set a date and place for hearing to take
place within 30 days. The court shall appoint a guardian ad
litem to report to the court concerning the respondent's best
interests consistent with the provisions of this Section,
except that the appointment of a guardian ad litem shall not be
required when the court determines that such appointment is not
necessary for the protection of the respondent or a reasonably
informed decision on the petition. If the guardian ad litem is

HB4049 Enrolled - 1868 - LRB099 03667 KTG 23678 b
not a licensed attorney, he or she shall be qualified, by
training or experience, to work with or advocate for persons
with developmental disabilities the developmentally disabled,
the mentally ill, persons with physical disabilities
physically disabled, the elderly, or persons with a disability
due to disabled because of mental deterioration, depending on
the type of disability that is alleged in the petition. The
court may allow the guardian ad litem reasonable compensation.
The guardian ad litem may consult with a person who by training
or experience is qualified to work with persons with a
developmental disability, persons with mental illness, or
persons with physical disabilities physically disabled
persons, or persons with a disability due to disabled because
of mental deterioration, depending on the type of disability
that is alleged. The guardian ad litem shall personally observe
the respondent prior to the hearing and shall inform him orally
and in writing of the contents of the petition and of his
rights under Section 11a-11. The guardian ad litem shall also
attempt to elicit the respondent's position concerning the
adjudication of disability, the proposed guardian, a proposed
change in residential placement, changes in care that might
result from the guardianship, and other areas of inquiry deemed
appropriate by the court. Notwithstanding any provision in the
Mental Health and Developmental Disabilities Confidentiality
Act or any other law, a guardian ad litem shall have the right
to inspect and copy any medical or mental health record of the

HB4049 Enrolled - 1869 - LRB099 03667 KTG 23678 b
respondent which the guardian ad litem deems necessary,
provided that the information so disclosed shall not be
utilized for any other purpose nor be redisclosed except in
connection with the proceedings. At or before the hearing, the
guardian ad litem shall file a written report detailing his or
her observations of the respondent, the responses of the
respondent to any of the inquires detailed in this Section, the
opinion of the guardian ad litem or other professionals with
whom the guardian ad litem consulted concerning the
appropriateness of guardianship, and any other material issue
discovered by the guardian ad litem. The guardian ad litem
shall appear at the hearing and testify as to any issues
presented in his or her report.
(b) The court (1) may appoint counsel for the respondent,
if the court finds that the interests of the respondent will be
best served by the appointment, and (2) shall appoint counsel
upon respondent's request or if the respondent takes a position
adverse to that of the guardian ad litem. The respondent shall
be permitted to obtain the appointment of counsel either at the
hearing or by any written or oral request communicated to the
court prior to the hearing. The summons shall inform the
respondent of this right to obtain appointed counsel. The court
may allow counsel for the respondent reasonable compensation.
(c) If the respondent is unable to pay the fee of the
guardian ad litem or appointed counsel, or both, the court may
enter an order for the petitioner to pay all such fees or such

HB4049 Enrolled - 1870 - LRB099 03667 KTG 23678 b
amounts as the respondent or the respondent's estate may be
unable to pay. However, in cases where the Office of State
Guardian is the petitioner, consistent with Section 30 of the
Guardianship and Advocacy Act, where the public guardian is the
petitioner, consistent with Section 13-5 of the Probate Act of
1975, where an adult protective services agency is the
petitioner, pursuant to Section 9 of the Adult Protective
Services Act, or where the Department of Children and Family
Services is the petitioner under subparagraph (d) of subsection
(1) of Section 2-27 of the Juvenile Court Act of 1987, no
guardian ad litem or legal fees shall be assessed against the
Office of State Guardian, the public guardian, the adult
protective services agency, or the Department of Children and
Family Services.
(d) The hearing may be held at such convenient place as the
court directs, including at a facility in which the respondent
resides.
(e) Unless he is the petitioner, the respondent shall be
personally served with a copy of the petition and a summons not
less than 14 days before the hearing. The summons shall be
printed in large, bold type and shall include the following
notice:
NOTICE OF RIGHTS OF RESPONDENT
You have been named as a respondent in a guardianship
petition asking that you be declared a person with a disability
disabled person. If the court grants the petition, a guardian

HB4049 Enrolled - 1871 - LRB099 03667 KTG 23678 b
will be appointed for you. A copy of the guardianship petition
is attached for your convenience.
The date and time of the hearing are:
The place where the hearing will occur is:
The Judge's name and phone number is:
If a guardian is appointed for you, the guardian may be
given the right to make all important personal decisions for
you, such as where you may live, what medical treatment you may
receive, what places you may visit, and who may visit you. A
guardian may also be given the right to control and manage your
money and other property, including your home, if you own one.
You may lose the right to make these decisions for yourself.
You have the following legal rights:
(1) You have the right to be present at the court
hearing.
(2) You have the right to be represented by a lawyer,
either one that you retain, or one appointed by the Judge.
(3) You have the right to ask for a jury of six persons
to hear your case.
(4) You have the right to present evidence to the court
and to confront and cross-examine witnesses.
(5) You have the right to ask the Judge to appoint an
independent expert to examine you and give an opinion about
your need for a guardian.
(6) You have the right to ask that the court hearing be
closed to the public.

HB4049 Enrolled - 1872 - LRB099 03667 KTG 23678 b
(7) You have the right to tell the court whom you
prefer to have for your guardian.
You do not have to attend the court hearing if you do not
want to be there. If you do not attend, the Judge may appoint a
guardian if the Judge finds that a guardian would be of benefit
to you. The hearing will not be postponed or canceled if you do
not attend.
IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO
NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE
PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN.
IF YOU DO NOT WANT A GUARDIAN OF IF YOU HAVE ANY OTHER
PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND
TELL THE JUDGE.
Service of summons and the petition may be made by a
private person 18 years of age or over who is not a party to the
action.
(f) Notice of the time and place of the hearing shall be
given by the petitioner by mail or in person to those persons,
including the proposed guardian, whose names and addresses
appear in the petition and who do not waive notice, not less
than 14 days before the hearing.
(Source: P.A. 97-375, eff. 8-15-11; 97-1095, eff. 8-24-12;
98-49, eff. 7-1-13; 98-89, eff. 7-15-13; 98-756, eff. 7-16-14.)
(755 ILCS 5/11a-10.2)
Sec. 11a-10.2. Procedure for appointment of a standby

HB4049 Enrolled - 1873 - LRB099 03667 KTG 23678 b
guardian or a guardian of a person with a disability disabled
person. In any proceeding for the appointment of a standby
guardian or a guardian the court may appoint a guardian ad
litem to represent the person with a disability disabled person
in the proceeding.
(Source: P.A. 90-796, eff. 12-15-98.)
(755 ILCS 5/11a-11) (from Ch. 110 1/2, par. 11a-11)
Sec. 11a-11. Hearing.
(a) The respondent is entitled to be represented by
counsel, to demand a jury of 6 persons, to present evidence,
and to confront and cross-examine all witnesses. The hearing
may be closed to the public on request of the respondent, the
guardian ad litem, or appointed or other counsel for the
respondent. Unless excused by the court upon a showing that the
respondent refuses to be present or will suffer harm if
required to attend, the respondent shall be present at the
hearing.
(b) (Blank).
(c) (Blank).
(d) In an uncontested proceeding for the appointment of a
guardian the person who prepared the report required by Section
11a-9 will only be required to testify at trial upon order of
court for cause shown.
(e) At the hearing the court shall inquire regarding: (1)
the nature and extent of respondent's general intellectual and

HB4049 Enrolled - 1874 - LRB099 03667 KTG 23678 b
physical functioning; (2) the extent of the impairment of his
adaptive behavior if he is a person with a developmental
disability, or the nature and severity of his mental illness if
he is a person with mental illness; (3) the understanding and
capacity of the respondent to make and communicate responsible
decisions concerning his person; (4) the capacity of the
respondent to manage his estate and his financial affairs; (5)
the appropriateness of proposed and alternate living
arrangements; (6) the impact of the disability upon the
respondent's functioning in the basic activities of daily
living and the important decisions faced by the respondent or
normally faced by adult members of the respondent's community;
and (7) any other area of inquiry deemed appropriate by the
court.
(f) An authenticated transcript of the evidence taken in a
judicial proceeding concerning the respondent under the Mental
Health and Developmental Disabilities Code is admissible in
evidence at the hearing.
(g) If the petition is for the appointment of a guardian
for a beneficiary disabled beneficiary of the Veterans
Administration who has a disability, a certificate of the
Administrator of Veterans Affairs or his representative
stating that the beneficiary has been determined to be
incompetent by the Veterans Administration on examination in
accordance with the laws and regulations governing the Veterans
Administration in effect upon the date of the issuance of the

HB4049 Enrolled - 1875 - LRB099 03667 KTG 23678 b
certificate and that the appointment of a guardian is a
condition precedent to the payment of any money due the
beneficiary by the Veterans Administration, is admissible in
evidence at the hearing.
(Source: P.A. 98-1094, eff. 1-1-15.)
(755 ILCS 5/11a-12) (from Ch. 110 1/2, par. 11a-12)
Sec. 11a-12. Order of appointment.)
(a) If basis for the appointment of a guardian as specified
in Section 11a-3 is not found, the court shall dismiss the
petition.
(b) If the respondent is adjudged to be a person with a
disability disabled and to lack some but not all of the
capacity as specified in Section 11a-3, and if the court finds
that guardianship is necessary for the protection of the person
with a disability disabled person, his or her estate, or both,
the court shall appoint a limited guardian for the respondent's
person or estate or both. The court shall enter a written order
stating the factual basis for its findings and specifying the
duties and powers of the guardian and the legal disabilities to
which the respondent is subject.
(c) If the respondent is adjudged to be a person with a
disability disabled and to be totally without capacity as
specified in Section 11a-3, and if the court finds that limited
guardianship will not provide sufficient protection for the
person with a disability disabled person, his or her estate, or

HB4049 Enrolled - 1876 - LRB099 03667 KTG 23678 b
both, the court shall appoint a plenary guardian for the
respondent's person or estate or both. The court shall enter a
written order stating the factual basis for its findings.
(d) The selection of the guardian shall be in the
discretion of the court, which shall give due consideration to
the preference of the person with a disability disabled person
as to a guardian, as well as the qualifications of the proposed
guardian, in making its appointment. However, the paramount
concern in the selection of the guardian is the best interest
and well-being of the person with a disability disabled person.
(Source: P.A. 97-1093, eff. 1-1-13; 98-1094, eff. 1-1-15.)
(755 ILCS 5/11a-13) (from Ch. 110 1/2, par. 11a-13)
Sec. 11a-13. Costs in certain cases.) (a) No costs may be
taxed or charged by any public officer in any proceeding for
the appointment of a guardian or for any subsequent proceeding
or report made in pursuance of the appointment when the primary
purpose of the appointment is as set forth in Section 11-11 or
is the management of the estate of a person with a mental
disability mentally disabled person who resides in a state
mental health or developmental disabilities facility when the
value of the personal estate does not exceed $1,000.
(b) No costs shall be taxed or charged against the Office
of the State Guardian by any public officer in any proceeding
for the appointment of a guardian or for any subsequent
proceeding or report made in pursuance of the appointment.

HB4049 Enrolled - 1877 - LRB099 03667 KTG 23678 b
(Source: P.A. 80-1415.)
(755 ILCS 5/11a-16) (from Ch. 110 1/2, par. 11a-16)
Sec. 11a-16. Testamentary guardian.) A parent of a person
with a disability disabled person may designate by will a
person, corporation or public agency qualified to act under
Section 11a-5, to be appointed as guardian or as successor
guardian of the person or of the estate or both of that person.
If a conservator appointed under a prior law or a guardian
appointed under this Article is acting at the time of the death
of the parent, the designation shall become effective only upon
the death, incapacity, resignation or removal of the
conservator or guardian. If no conservator or guardian is
acting at the time of the death of the parent, the person,
corporation or public agency so designated or any other person
may petition the court having jurisdiction over the person or
estate or both of the child for the appointment of the one so
designated. The designation shall be proved in the manner
provided for proof of will. Admission of the will to probate in
any other jurisdiction shall be conclusive proof of the
validity of the designation. If the court finds that the
appointment of the one so designated will serve the best
interests and welfare of the ward, it shall appoint the one so
designated. The selection of a guardian shall be in the
discretion of the court, whether or not a designation is made.
(Source: P.A. 81-795.)

HB4049 Enrolled - 1878 - LRB099 03667 KTG 23678 b
(755 ILCS 5/11a-17) (from Ch. 110 1/2, par. 11a-17)
Sec. 11a-17. Duties of personal guardian.
(a) To the extent ordered by the court and under the
direction of the court, the guardian of the person shall have
custody of the ward and the ward's minor and adult dependent
children and shall procure for them and shall make provision
for their support, care, comfort, health, education and
maintenance, and professional services as are appropriate, but
the ward's spouse may not be deprived of the custody and
education of the ward's minor and adult dependent children,
without the consent of the spouse, unless the court finds that
the spouse is not a fit and competent person to have that
custody and education. The guardian shall assist the ward in
the development of maximum self-reliance and independence. The
guardian of the person may petition the court for an order
directing the guardian of the estate to pay an amount
periodically for the provision of the services specified by the
court order. If the ward's estate is insufficient to provide
for education and the guardian of the ward's person fails to
provide education, the court may award the custody of the ward
to some other person for the purpose of providing education. If
a person makes a settlement upon or provision for the support
or education of a ward, the court may make an order for the
visitation of the ward by the person making the settlement or
provision as the court deems proper. A guardian of the person

HB4049 Enrolled - 1879 - LRB099 03667 KTG 23678 b
may not admit a ward to a mental health facility except at the
ward's request as provided in Article IV of the Mental Health
and Developmental Disabilities Code and unless the ward has the
capacity to consent to such admission as provided in Article IV
of the Mental Health and Developmental Disabilities Code.
(a-5) If the ward filed a petition for dissolution of
marriage under the Illinois Marriage and Dissolution of
Marriage Act before the ward was adjudicated a person with a
disability disabled person under this Article, the guardian of
the ward's person and estate may maintain that action for
dissolution of marriage on behalf of the ward. Upon petition by
the guardian of the ward's person or estate, the court may
authorize and direct a guardian of the ward's person or estate
to file a petition for dissolution of marriage or to file a
petition for legal separation or declaration of invalidity of
marriage under the Illinois Marriage and Dissolution of
Marriage Act on behalf of the ward if the court finds by clear
and convincing evidence that the relief sought is in the ward's
best interests. In making its determination, the court shall
consider the standards set forth in subsection (e) of this
Section.
(a-10) Upon petition by the guardian of the ward's person
or estate, the court may authorize and direct a guardian of the
ward's person or estate to consent, on behalf of the ward, to
the ward's marriage pursuant to Part II of the Illinois
Marriage and Dissolution of Marriage Act if the court finds by

HB4049 Enrolled - 1880 - LRB099 03667 KTG 23678 b
clear and convincing evidence that the marriage is in the
ward's best interests. In making its determination, the court
shall consider the standards set forth in subsection (e) of
this Section. Upon presentation of a court order authorizing
and directing a guardian of the ward's person and estate to
consent to the ward's marriage, the county clerk shall accept
the guardian's application, appearance, and signature on
behalf of the ward for purposes of issuing a license to marry
under Section 203 of the Illinois Marriage and Dissolution of
Marriage Act.
(b) If the court directs, the guardian of the person shall
file with the court at intervals indicated by the court, a
report that shall state briefly: (1) the current mental,
physical, and social condition of the ward and the ward's minor
and adult dependent children; (2) their present living
arrangement, and a description and the address of every
residence where they lived during the reporting period and the
length of stay at each place; (3) a summary of the medical,
educational, vocational, and other professional services given
to them; (4) a resume of the guardian's visits with and
activities on behalf of the ward and the ward's minor and adult
dependent children; (5) a recommendation as to the need for
continued guardianship; (6) any other information requested by
the court or useful in the opinion of the guardian. The Office
of the State Guardian shall assist the guardian in filing the
report when requested by the guardian. The court may take such

HB4049 Enrolled - 1881 - LRB099 03667 KTG 23678 b
action as it deems appropriate pursuant to the report.
(c) Absent court order pursuant to the Illinois Power of
Attorney Act directing a guardian to exercise powers of the
principal under an agency that survives disability, the
guardian has no power, duty, or liability with respect to any
personal or health care matters covered by the agency. This
subsection (c) applies to all agencies, whenever and wherever
executed.
(d) A guardian acting as a surrogate decision maker under
the Health Care Surrogate Act shall have all the rights of a
surrogate under that Act without court order including the
right to make medical treatment decisions such as decisions to
forgo or withdraw life-sustaining treatment. Any decisions by
the guardian to forgo or withdraw life-sustaining treatment
that are not authorized under the Health Care Surrogate Act
shall require a court order. Nothing in this Section shall
prevent an agent acting under a power of attorney for health
care from exercising his or her authority under the Illinois
Power of Attorney Act without further court order, unless a
court has acted under Section 2-10 of the Illinois Power of
Attorney Act. If a guardian is also a health care agent for the
ward under a valid power of attorney for health care, the
guardian acting as agent may execute his or her authority under
that act without further court order.
(e) Decisions made by a guardian on behalf of a ward shall
be made in accordance with the following standards for decision

HB4049 Enrolled - 1882 - LRB099 03667 KTG 23678 b
making. Decisions made by a guardian on behalf of a ward may be
made by conforming as closely as possible to what the ward, if
competent, would have done or intended under the circumstances,
taking into account evidence that includes, but is not limited
to, the ward's personal, philosophical, religious and moral
beliefs, and ethical values relative to the decision to be made
by the guardian. Where possible, the guardian shall determine
how the ward would have made a decision based on the ward's
previously expressed preferences, and make decisions in
accordance with the preferences of the ward. If the ward's
wishes are unknown and remain unknown after reasonable efforts
to discern them, the decision shall be made on the basis of the
ward's best interests as determined by the guardian. In
determining the ward's best interests, the guardian shall weigh
the reason for and nature of the proposed action, the benefit
or necessity of the action, the possible risks and other
consequences of the proposed action, and any available
alternatives and their risks, consequences and benefits, and
shall take into account any other information, including the
views of family and friends, that the guardian believes the
ward would have considered if able to act for herself or
himself.
(f) Upon petition by any interested person (including the
standby or short-term guardian), with such notice to interested
persons as the court directs and a finding by the court that it
is in the best interest of the person with a disability

HB4049 Enrolled - 1883 - LRB099 03667 KTG 23678 b
disabled person, the court may terminate or limit the authority
of a standby or short-term guardian or may enter such other
orders as the court deems necessary to provide for the best
interest of the person with a disability disabled person. The
petition for termination or limitation of the authority of a
standby or short-term guardian may, but need not, be combined
with a petition to have another guardian appointed for the
person with a disability disabled person.
(Source: P.A. 98-1107, eff. 8-26-14.)
(755 ILCS 5/11a-18) (from Ch. 110 1/2, par. 11a-18)
Sec. 11a-18. Duties of the estate guardian.
(a) To the extent specified in the order establishing the
guardianship, the guardian of the estate shall have the care,
management and investment of the estate, shall manage the
estate frugally and shall apply the income and principal of the
estate so far as necessary for the comfort and suitable support
and education of the ward, his minor and adult dependent
children, and persons related by blood or marriage who are
dependent upon or entitled to support from him, or for any
other purpose which the court deems to be for the best
interests of the ward, and the court may approve the making on
behalf of the ward of such agreements as the court determines
to be for the ward's best interests. The guardian may make
disbursement of his ward's funds and estate directly to the
ward or other distributee or in such other manner and in such

HB4049 Enrolled - 1884 - LRB099 03667 KTG 23678 b
amounts as the court directs. If the estate of a ward is
derived in whole or in part from payments of compensation,
adjusted compensation, pension, insurance or other similar
benefits made directly to the estate by the Veterans
Administration, notice of the application for leave to invest
or expend the ward's funds or estate, together with a copy of
the petition and proposed order, shall be given to the
Veterans' Administration Regional Office in this State at least
7 days before the hearing on the application.
(a-5) The probate court, upon petition of a guardian, other
than the guardian of a minor, and after notice to all other
persons interested as the court directs, may authorize the
guardian to exercise any or all powers over the estate and
business affairs of the ward that the ward could exercise if
present and not under disability. The court may authorize the
taking of an action or the application of funds not required
for the ward's current and future maintenance and support in
any manner approved by the court as being in keeping with the
ward's wishes so far as they can be ascertained. The court must
consider the permanence of the ward's disabling condition and
the natural objects of the ward's bounty. In ascertaining and
carrying out the ward's wishes the court may consider, but
shall not be limited to, minimization of State or federal
income, estate, or inheritance taxes; and providing gifts to
charities, relatives, and friends that would be likely
recipients of donations from the ward. The ward's wishes as

HB4049 Enrolled - 1885 - LRB099 03667 KTG 23678 b
best they can be ascertained shall be carried out, whether or
not tax savings are involved. Actions or applications of funds
may include, but shall not be limited to, the following:
(1) making gifts of income or principal, or both, of
the estate, either outright or in trust;
(2) conveying, releasing, or disclaiming his or her
contingent and expectant interests in property, including
marital property rights and any right of survivorship
incident to joint tenancy or tenancy by the entirety;
(3) releasing or disclaiming his or her powers as
trustee, personal representative, custodian for minors, or
guardian;
(4) exercising, releasing, or disclaiming his or her
powers as donee of a power of appointment;
(5) entering into contracts;
(6) creating for the benefit of the ward or others,
revocable or irrevocable trusts of his or her property that
may extend beyond his or her disability or life;
(7) exercising options of the ward to purchase or
exchange securities or other property;
(8) exercising the rights of the ward to elect benefit
or payment options, to terminate, to change beneficiaries
or ownership, to assign rights, to borrow, or to receive
cash value in return for a surrender of rights under any
one or more of the following:
(i) life insurance policies, plans, or benefits,

HB4049 Enrolled - 1886 - LRB099 03667 KTG 23678 b
(ii) annuity policies, plans, or benefits,
(iii) mutual fund and other dividend investment
plans,
(iv) retirement, profit sharing, and employee
welfare plans and benefits;
(9) exercising his or her right to claim or disclaim an
elective share in the estate of his or her deceased spouse
and to renounce any interest by testate or intestate
succession or by inter vivos transfer;
(10) changing the ward's residence or domicile; or
(11) modifying by means of codicil or trust amendment
the terms of the ward's will or any revocable trust created
by the ward, as the court may consider advisable in light
of changes in applicable tax laws.
The guardian in his or her petition shall briefly outline
the action or application of funds for which he or she seeks
approval, the results expected to be accomplished thereby, and
the tax savings, if any, expected to accrue. The proposed
action or application of funds may include gifts of the ward's
personal property or real estate, but transfers of real estate
shall be subject to the requirements of Section 20 of this Act.
Gifts may be for the benefit of prospective legatees, devisees,
or heirs apparent of the ward or may be made to individuals or
charities in which the ward is believed to have an interest.
The guardian shall also indicate in the petition that any
planned disposition is consistent with the intentions of the

HB4049 Enrolled - 1887 - LRB099 03667 KTG 23678 b
ward insofar as they can be ascertained, and if the ward's
intentions cannot be ascertained, the ward will be presumed to
favor reduction in the incidents of various forms of taxation
and the partial distribution of his or her estate as provided
in this subsection. The guardian shall not, however, be
required to include as a beneficiary or fiduciary any person
who he has reason to believe would be excluded by the ward. A
guardian shall be required to investigate and pursue a ward's
eligibility for governmental benefits.
(b) Upon the direction of the court which issued his
letters, a guardian may perform the contracts of his ward which
were legally subsisting at the time of the commencement of the
ward's disability. The court may authorize the guardian to
execute and deliver any bill of sale, deed or other instrument.
(c) The guardian of the estate of a ward shall appear for
and represent the ward in all legal proceedings unless another
person is appointed for that purpose as guardian or next
friend. This does not impair the power of any court to appoint
a guardian ad litem or next friend to defend the interests of
the ward in that court, or to appoint or allow any person as
the next friend of a ward to commence, prosecute or defend any
proceeding in his behalf. Without impairing the power of the
court in any respect, if the guardian of the estate of a ward
and another person as next friend shall appear for and
represent the ward in a legal proceeding in which the
compensation of the attorney or attorneys representing the

HB4049 Enrolled - 1888 - LRB099 03667 KTG 23678 b
guardian and next friend is solely determined under a
contingent fee arrangement, the guardian of the estate of the
ward shall not participate in or have any duty to review the
prosecution of the action, to participate in or review the
appropriateness of any settlement of the action, or to
participate in or review any determination of the
appropriateness of any fees awarded to the attorney or
attorneys employed in the prosecution of the action.
(d) Adjudication of disability shall not revoke or
otherwise terminate a trust which is revocable by the ward. A
guardian of the estate shall have no authority to revoke a
trust that is revocable by the ward, except that the court may
authorize a guardian to revoke a Totten trust or similar
deposit or withdrawable capital account in trust to the extent
necessary to provide funds for the purposes specified in
paragraph (a) of this Section. If the trustee of any trust for
the benefit of the ward has discretionary power to apply income
or principal for the ward's benefit, the trustee shall not be
required to distribute any of the income or principal to the
guardian of the ward's estate, but the guardian may bring an
action on behalf of the ward to compel the trustee to exercise
the trustee's discretion or to seek relief from an abuse of
discretion. This paragraph shall not limit the right of a
guardian of the estate to receive accountings from the trustee
on behalf of the ward.
(e) Absent court order pursuant to the Illinois Power of

HB4049 Enrolled - 1889 - LRB099 03667 KTG 23678 b
Attorney Act directing a guardian to exercise powers of the
principal under an agency that survives disability, the
guardian will have no power, duty or liability with respect to
any property subject to the agency. This subsection (e) applies
to all agencies, whenever and wherever executed.
(f) Upon petition by any interested person (including the
standby or short-term guardian), with such notice to interested
persons as the court directs and a finding by the court that it
is in the best interest of the person with a disability
disabled person, the court may terminate or limit the authority
of a standby or short-term guardian or may enter such other
orders as the court deems necessary to provide for the best
interest of the person with a disability disabled person. The
petition for termination or limitation of the authority of a
standby or short-term guardian may, but need not, be combined
with a petition to have another guardian appointed for the
person with a disability disabled person.
(Source: P.A. 95-331, eff. 8-21-07.)
(755 ILCS 5/11a-18.1) (from Ch. 110 1/2, par. 11a-18.1)
Sec. 11a-18.1. Conditional gifts. (a) The court may
authorize and direct the guardian of the estate to make
conditional gifts from the estate of a person with a disability
disabled person to any spouse, parent, brother or sister of the
person with a disability disabled person who dedicates himself
or herself to the care of the person with a disability disabled

HB4049 Enrolled - 1890 - LRB099 03667 KTG 23678 b
person by living with and personally caring for the person with
a disability disabled person for at least 3 years. It shall be
presumed that the person with a disability disabled person
intends to make such conditional gifts.
(b) A conditional gift shall not be distributed to the
donee until the death of the person with a disability disabled
person. The court may impose such other conditions on the gift
as the court deems just and reasonable. The court may provide
for an alternate disposition of the gift should the donee die
before the person with a disability disabled person; provided
that if no such alternate disposition is made, the conditional
gift shall lapse upon the death of the donee prior to the death
of the person with a disability disabled person. A conditional
gift may be modified or revoked by the court at any time.
(c) The guardian of the estate, the spouse, parent, brother
or sister of a person with a disability disabled person, or any
other interested person may petition the court to authorize and
direct the guardian of the estate to make a conditional gift or
to modify, revoke or distribute a conditional gift. All persons
who would be heirs of the person with a disability disabled
person if the person with a disability disabled person died on
the date the petition is filed (or the heirs if the person with
a disability disabled person is deceased) and all legatees
under any known last will of the person with a disability
disabled person shall be given reasonable notice of the hearing
on the petition by certified U. S. mail, return receipt

HB4049 Enrolled - 1891 - LRB099 03667 KTG 23678 b
requested. If a trustee is a legatee, notice shall be given to
the trustee and need not be given to the trust beneficiaries.
Any person entitled to notice of the hearing may appear and
object to the petition. The giving of the notice of the hearing
to those persons entitled to notice shall cause the decision
and order of the court to be binding upon all other persons who
otherwise may be interested or may become interested in the
estate of the person with a disability disabled person.
(d) The guardian of the estate shall set aside conditional
gifts in a separate fund for each donee and shall hold and
invest each fund as part of the estate of the person with a
disability disabled person. Upon order of the court, any
conditional gift may be revoked or modified in whole or part so
that the assets may be used for the care and comfort of the
person with a disability disabled person should funds otherwise
available for such purposes be inadequate.
(e) Upon the death of the person with a disability disabled
person, the guardian of the estate shall hold each special fund
as trustee and shall petition the court for authorization to
distribute the special fund and for any other appropriate
relief. The court shall order distribution upon such terms and
conditions as the court deems just and reasonable.
(Source: P.A. 85-1417.)
(755 ILCS 5/11a-18.2)
Sec. 11a-18.2. Duties of standby guardian of a person with

HB4049 Enrolled - 1892 - LRB099 03667 KTG 23678 b
a disability disabled person.
(a) Before a standby guardian of a person with a disability
disabled person may act, the standby guardian must be appointed
by the court of the proper county and, in the case of a standby
guardian of the disabled person's estate of the person with a
disability, the standby guardian must give the bond prescribed
in subsection (c) of Section 11a-3.1 and Section 12-2.
(b) The standby guardian shall not have any duties or
authority to act until the standby guardian receives knowledge
of the death or consent of the disabled person's guardian of
the person with a disability, or the inability of the disabled
person's guardian of the person with a disability to make and
carry out day-to-day care decisions concerning the person with
a disability disabled person for whom the standby guardian has
been appointed. This inability of the disabled person's
guardian of the person with a disability to make and carry out
day-to-day care decisions may be communicated either by the
guardian's own admission or by the written certification of the
guardian's attending physician. Immediately upon receipt of
that knowledge, the standby guardian shall assume all duties as
guardian of the person with a disability disabled person as
previously determined by the order appointing the standby
guardian, and as set forth in Sections 11a-17 and 11a-18, and
the standby guardian of the person shall have the authority to
act as guardian of the person without direction of court for a
period of up to 60 days, provided that the authority of the

HB4049 Enrolled - 1893 - LRB099 03667 KTG 23678 b
standby guardian may be limited or terminated by a court of
competent jurisdiction.
(c) Within 60 days of the standby guardian's receipt of
knowledge of the death or consent of the disabled person's
guardian of the person with a disability, or the inability of
the disabled person's guardian of the person with a disability
to make and carry out day-to-day care decisions concerning the
person with a disability disabled person, the standby guardian
shall file or cause to be filed a petition for the appointment
of a guardian of the person or estate, or both, of the person
with a disability disabled person under Section 11a-3.
(Source: P.A. 90-796, eff. 12-15-98.)
(755 ILCS 5/11a-18.3)
Sec. 11a-18.3. Duties of short-term guardian of a person
with a disability disabled person.
(a) Immediately upon the effective date of the appointment
of a short-term guardian, the short-term guardian shall assume
all duties as short-term guardian of the person with a
disability disabled person as provided in this Section. The
short-term guardian of the person shall have authority to act
as short-term guardian, without direction of the court, for the
duration of the appointment, which in no case shall exceed a
cumulative total of 60 days in any 12 month period for all
short-term guardians appointed by the guardian. The authority
of the short-term guardian may be limited or terminated by a

HB4049 Enrolled - 1894 - LRB099 03667 KTG 23678 b
court of competent jurisdiction.
(b) Unless further specifically limited by the instrument
appointing the short-term guardian, a short-term guardian
shall have the authority to act as a guardian of the person of
a person with a disability disabled person as prescribed in
Section 11a-17, but shall not have any authority to act as
guardian of the estate of a person with a disability disabled
person, except that a short-term guardian shall have the
authority to apply for and receive on behalf of the person with
a disability disabled person benefits to which the person with
a disability disabled person may be entitled from or under
federal, State, or local organizations or programs.
(Source: P.A. 90-796, eff. 12-15-98.)
(755 ILCS 5/11a-20) (from Ch. 110 1/2, par. 11a-20)
Sec. 11a-20. Termination of adjudication of disability -
Revocation of letters - modification.)
(a) Except as provided in subsection (b-5), upon the filing
of a petition by or on behalf of a person with a disability
disabled person or on its own motion, the court may terminate
the adjudication of disability of the ward, revoke the letters
of guardianship of the estate or person, or both, or modify the
duties of the guardian if the ward's capacity to perform the
tasks necessary for the care of his person or the management of
his estate has been demonstrated by clear and convincing
evidence. A report or testimony by a licensed physician is not

HB4049 Enrolled - 1895 - LRB099 03667 KTG 23678 b
a prerequisite for termination, revocation or modification of a
guardianship order under this subsection (a).
(b) Except as provided in subsection (b-5), a request by
the ward or any other person on the ward's behalf, under this
Section may be communicated to the court or judge by any means,
including but not limited to informal letter, telephone call or
visit. Upon receipt of a request from the ward or another
person, the court may appoint a guardian ad litem to
investigate and report to the court concerning the allegations
made in conjunction with said request, and if the ward wishes
to terminate, revoke, or modify the guardianship order, to
prepare the ward's petition and to render such other services
as the court directs.
(b-5) Upon the filing of a verified petition by the
guardian of the person with a disability disabled person or the
person with a disability disabled person, the court may
terminate the adjudication of disability of the ward, revoke
the letters of guardianship of the estate or person, or both,
or modify the duties of the guardian if: (i) a report completed
in accordance with subsection (a) of Section 11a-9 states that
the person with a disability disabled person is no longer in
need of guardianship or that the type and scope of guardianship
should be modified; (ii) the person with a disability disabled
person no longer wishes to be under guardianship or desires
that the type and scope of guardianship be modified; and (iii)
the guardian of the person with a disability disabled person

HB4049 Enrolled - 1896 - LRB099 03667 KTG 23678 b
states that it is in the best interest of the person with a
disability disabled person to terminate the adjudication of
disability of the ward, revoke the letters of guardianship of
the estate or person, or both, or modify the duties of the
guardian, and provides the basis thereof. In a proceeding
brought pursuant to this subsection (b-5), the court may
terminate the adjudication of disability of the ward, revoke
the letters of guardianship of the estate or person, or both,
or modify the duties of the guardian, unless it has been
demonstrated by clear and convincing evidence that the ward is
incapable of performing the tasks necessary for the care of his
or her person or the management of his or her estate.
(c) Notice of the hearing on a petition under this Section,
together with a copy of the petition, shall be given to the
ward, unless he is the petitioner, and to each and every
guardian to whom letters of guardianship have been issued and
not revoked, not less than 14 days before the hearing.
(Source: P.A. 97-1093, eff. 1-1-13.)
(755 ILCS 5/11a-22) (from Ch. 110 1/2, par. 11a-22)
Sec. 11a-22. Trade and contracts with a person with a
disability disabled person.
(a) Anyone who by trading with, bartering, gaming or any
other device, wrongfully possesses himself of any property of a
person known to be a person with a disability disabled person
commits a Class A misdemeanor.

HB4049 Enrolled - 1897 - LRB099 03667 KTG 23678 b
(b) Every note, bill, bond or other contract by any person
for whom a plenary guardian has been appointed or who is
adjudged to be unable to so contract is void as against that
person and his estate, but a person making a contract with the
person so adjudged is bound thereby.
(Source: P.A. 91-357, eff. 7-29-99.)
(755 ILCS 5/11a-24)
Sec. 11a-24. Notification; Department of State Police.
When a court adjudges a respondent to be a person with a
disability disabled person under this Article, the court shall
direct the circuit court clerk to notify the Department of
State Police, Firearm Owner's Identification (FOID) Office, in
a form and manner prescribed by the Department of State Police,
and shall forward a copy of the court order to the Department
no later than 7 days after the entry of the order. Upon receipt
of the order, the Department of State Police shall provide
notification to the National Instant Criminal Background Check
System.
(Source: P.A. 98-63, eff. 7-9-13.)
(755 ILCS 5/12-2) (from Ch. 110 1/2, par. 12-2)
Sec. 12-2. Individual representative; oath and bond.
(a) Except as provided in subsection (b), before
undertaking the representative's duties, every individual
representative shall take and file an oath or affirmation that

HB4049 Enrolled - 1898 - LRB099 03667 KTG 23678 b
the individual will faithfully discharge the duties of the
office of the representative according to law and shall file in
and have approved by the court a bond binding the individual
representative so to do. The court may waive the filing of a
bond of a representative of the person of a ward or of a
standby guardian of a minor or person with a disability
disabled person.
(b) Where bond or security is excused by the will or as
provided in subsection (b) of Section 12-4, the bond of the
representative in the amount from time to time required under
this Article shall be in full force and effect without writing,
unless the court requires the filing of a written bond.
(Source: P.A. 90-796, eff. 12-15-98.)
(755 ILCS 5/12-4) (from Ch. 110 1/2, par. 12-4)
Sec. 12-4. When security excused or specified.)
(a) Except as provided in paragraph (c) of Section 6-13
with respect to a nonresident executor, no security is required
of a person who is excused by the will from giving bond or
security and no greater security than is specified by the will
is required, unless in either case the court, from its own
knowledge or the suggestion of any interested person, has cause
to suspect the representative of fraud or incompetence or
believes that the estate of the decedent will not be sufficient
to discharge all the claims against the estate, or in the case
of a testamentary guardian of the estate, that the rights of

HB4049 Enrolled - 1899 - LRB099 03667 KTG 23678 b
the ward will be prejudiced by failure to give security.
(b) If a person designates a guardian of his person or
estate or both to be appointed in the event he is adjudged a
person with a disability disabled person as provided in Section
11a-6 and excuses the guardian from giving bond or security, or
if the guardian is the Office of State Guardian, the guardian's
bond in the amount from time to time required under this
Article shall be in full force and effect without writing,
unless the court requires the filing of a written bond.
(c) The Office of State Guardian shall not be required to
have sureties or surety companies as security on its bonds. The
oath and bond of the representative without surety shall be
sufficient.
(Source: P.A. 89-396, eff. 8-20-95.)
(755 ILCS 5/13-2) (from Ch. 110 1/2, par. 13-2)
Sec. 13-2. Bond and oath.) Before entering upon the
performance of his duties, every public administrator and every
public guardian shall take and file in the court an oath or
affirmation that he will support the Constitution of the United
States and the Constitution of the State of Illinois and will
faithfully discharge the duties of his office and shall enter
into a bond payable to the people of the State of Illinois in a
sum of not less than $5,000 with security as provided by this
Act and approved by the court of the county in which he is
appointed, conditioned that he will faithfully discharge the

HB4049 Enrolled - 1900 - LRB099 03667 KTG 23678 b
duties of his office. The court may from time to time require
additional security of the public administrator or guardian and
may require him to give the usual bond required of
representatives of estates of decedents, or persons with
disabilities disabled persons in other cases. In default of his
giving bond within 60 days after receiving his commission or of
his giving additional security within 60 days after being
ordered by the court to do so, his office is deemed vacant and
upon certificate of a judge of the court of that fact the
Governor or the Circuit Court shall fill the vacancy.
(Source: P.A. 81-1052.)
(755 ILCS 5/13-3.1) (from Ch. 110 1/2, par. 13-3.1)
Sec. 13-3.1.Compensation of public guardian.
(a) In counties having a population in excess of 1,000,000
the public guardian shall be paid an annual salary, to be set
by the County Board at a figure not to exceed the salary of the
public defender for the county. All expenses connected with the
operation of the office shall be subject to the approval of the
County Board and shall be paid from the county treasury. All
fees collected shall be paid into the county treasury.
(b) In counties having a population of 1,000,000 or less
the public guardian shall receive all the fees of his office
and bear the expenses connected with the operation of the
office. A public guardian shall be entitled to reasonable and
appropriate compensation for services related to guardianship

HB4049 Enrolled - 1901 - LRB099 03667 KTG 23678 b
duties but all fees must be reviewed and approved by the court.
A public guardian may petition the court for the payment of
reasonable and appropriate fees. In counties having a
population of 1,000,000 or less, the public guardian shall do
so on not less than a yearly basis, or sooner as approved by
the court. Any fees or expenses charged by a public guardian
shall be documented through billings and maintained by the
guardian and supplied to the court for review. In considering
the reasonableness of any fee petition brought by a public
guardian under this Section, the court shall consider the
following:
(1) the powers and duties assigned to the public
guardian by the court;
(2) the necessity of any services provided;
(3) the time required, the degree of difficulty, and
the experience needed to complete the task;
(4) the needs of the ward and the costs of
alternatives; and
(5) other facts and circumstances material to the best
interests of the ward or his or her estate.
(c) When the public guardian is appointed as the temporary
guardian of an adult with a disability a disabled adult
pursuant to an emergency petition under circumstances when the
court finds that the immediate establishment of a temporary
guardianship is necessary to protect the disabled adult's
health, welfare, or estate of the adult with a disability, the

HB4049 Enrolled - 1902 - LRB099 03667 KTG 23678 b
public guardian shall be entitled to reasonable and appropriate
fees, as determined by the court, for the period of the
temporary guardianship, including fees directly associated
with establishing the temporary guardianship.
(Source: P.A. 96-752, eff. 1-1-10; 96-1000, eff. 7-2-10.)
(755 ILCS 5/13-5) (from Ch. 110 1/2, par. 13-5)
Sec. 13-5. Powers and duties of public guardian.) The court
may appoint the public guardian as the guardian of any adult
with a disability disabled adult who is in need of a public
guardian and whose estate exceeds $25,000. When an adult with a
disability a disabled adult who has a smaller estate is in need
of guardianship services, the court shall appoint the State
guardian pursuant to Section 30 of the Guardianship and
Advocacy Act. If the public guardian is appointed guardian of
an adult with a disability a disabled adult and the estate of
the adult with a disability the disabled adult is thereafter
reduced to less than $25,000, the court may, upon the petition
of the public guardian and the approval by the court of a final
accounting of the disabled adult's estate of the adult with a
disability, discharge the public guardian and transfer the
guardianship to the State guardian. The public guardian shall
serve not less than 14 days' notice to the State guardian of
the hearing date regarding the transfer. When appointed by the
court, the public guardian has the same powers and duties as
other guardians appointed under this Act, with the following

HB4049 Enrolled - 1903 - LRB099 03667 KTG 23678 b
additions and modifications:
(a) The public guardian shall monitor the ward and his care
and progress on a continuous basis. Monitoring shall at minimum
consist of monthly contact with the ward, and the receipt of
periodic reports from all individuals and agencies, public or
private, providing care or related services to the ward.
(b) Placement of a ward outside of the ward's home may be
made only after the public guardian or his representative has
visited the facility in which placement is proposed.
(c) The public guardian shall prepare an inventory of the
ward's belongings and assets and shall maintain insurance on
all of the ward's real and personal property, unless the court
determines, and issues an order finding, that (1) the real or
personal property lacks sufficient equity, (2) the estate lacks
sufficient funds to pay for insurance, or (3) the property is
otherwise uninsurable. No personal property shall be removed
from the ward's possession except for storage pending final
placement or for liquidation in accordance with this Act.
(d) The public guardian shall make no substantial
distribution of the ward's estate without a court order.
(e) The public guardian may liquidate assets of the ward to
pay for the costs of the ward's care and for storage of the
ward's personal property only after notice of such pending
action is given to all potential heirs at law, unless notice is
waived by the court; provided, however, that a person who has
been so notified may elect to pay for care or storage or to pay

HB4049 Enrolled - 1904 - LRB099 03667 KTG 23678 b
fair market value of the asset or assets sought to be sold in
lieu of liquidation.
(f) Real property of the ward may be sold at fair market
value after an appraisal of the property has been made by a
licensed appraiser; provided, however, that the ward's
residence may be sold only if the court finds that the ward is
not likely to be able to return home at a future date.
(g) The public guardian shall, at such intervals as the
court may direct, submit to the court an affidavit setting
forth in detail the services he has provided for the benefit of
the ward.
(h) Upon the death of the ward, the public guardian shall
turn over to the court-appointed administrator all of the
ward's assets and an account of his receipt and administration
of the ward's property. A guardian ad litem shall be appointed
for an accounting when the estate exceeds the amount set in
Section 25-1 of this Act for administration of small estates.
(i)(1) On petition of any person who appears to have an
interest in the estate, the court by temporary order may
restrain the public guardian from performing specified acts of
administration, disbursement or distribution, or from exercise
of any powers or discharge of any duties of his office, or make
any other order to secure proper performance of his duty, if it
appears to the court that the public guardian might otherwise
take some action contrary to the best interests of the ward.
Persons with whom the public guardian may transact business may

HB4049 Enrolled - 1905 - LRB099 03667 KTG 23678 b
be made parties.
(2) The matter shall be set for hearing within 10 days
unless the parties otherwise agree or unless for good cause
shown the court determines that additional time is required.
Notice as the court directs shall be given to the public
guardian and his attorney of record, if any, and to any other
parties named defendant in the petition.
(j) On petition of the public guardian, the court in its
discretion may for good cause shown transfer guardianship to
the State guardian.
(k) No later than January 31 of each year, the public
guardian shall file an annual report with the clerk of the
Circuit Court, indicating, with respect to the period covered
by the report, the number of cases which he has handled, the
date on which each case was assigned, the date of termination
of each case which has been closed during the period, the
disposition of each terminated case, and the total amount of
fees collected during the period from each ward.
(l) (Blank).
(Source: P.A. 96-752, eff. 1-1-10; 97-1094, eff. 8-24-12.)
(755 ILCS 5/18-1.1) (from Ch. 110 1/2, par. 18-1.1)
Sec. 18-1.1. Statutory custodial claim. Any spouse,
parent, brother, sister, or child of a person with a disability
disabled person who dedicates himself or herself to the care of
the person with a disability disabled person by living with and

HB4049 Enrolled - 1906 - LRB099 03667 KTG 23678 b
personally caring for the person with a disability disabled
person for at least 3 years shall be entitled to a claim
against the estate upon the death of the person with a
disability disabled person. The claim shall take into
consideration the claimant's lost employment opportunities,
lost lifestyle opportunities, and emotional distress
experienced as a result of personally caring for the person
with a disability disabled person. Notwithstanding the
statutory claim amounts stated in this Section, a court may
reduce an amount to the extent that the living arrangements
were intended to and did in fact also provide a physical or
financial benefit to the claimant. The factors a court may
consider in determining whether to reduce a statutory custodial
claim amount may include but are not limited to: (i) the free
or low cost of housing provided to the claimant; (ii) the
alleviation of the need for the claimant to be employed full
time; (iii) any financial benefit provided to the claimant;
(iv) the personal care received by the claimant from the
decedent or others; and (v) the proximity of the care provided
by the claimant to the decedent to the time of the decedent's
death. The claim shall be in addition to any other claim,
including without limitation a reasonable claim for nursing and
other care. The claim shall be based upon the nature and extent
of the person's disability and, at a minimum but subject to the
extent of the assets available, shall be in the amounts set
forth below:

HB4049 Enrolled - 1907 - LRB099 03667 KTG 23678 b
1. 100% disability, $180,000
2. 75% disability, $135,000
3. 50% disability, $90,000
4. 25% disability, $45,000
(Source: P.A. 95-315, eff. 1-1-08.)
(755 ILCS 5/18-8) (from Ch. 110 1/2, par. 18-8)
Sec. 18-8. Claim of representative or his attorney.) If a
representative or the representative's attorney has a claim
against the estate, that person must file a claim as other
persons and the court may appoint a special administrator to
appear and defend for the estate. The court may permit the
special administrator to prosecute or defend an appeal from the
allowance or disallowance of the claim. In the administration
of the a disabled person's estate of a person with a
disability, notice of the claim of a representative or his or
her attorney shall be given by mail or in person to the ward
and to all other representatives of the ward's person or
estate, within 10 days of filing.
(Source: P.A. 89-396, eff. 8-20-95.)
(755 ILCS 5/23-2) (from Ch. 110 1/2, par. 23-2)
Sec. 23-2. Removal.
(a) On petition of any interested person or on the court's
own motion, the court may remove a representative if:
(1) the representative is acting under letters secured

HB4049 Enrolled - 1908 - LRB099 03667 KTG 23678 b
by false pretenses;
(2) the representative is adjudged a person subject to
involuntary admission under the Mental Health and
Developmental Disabilities Code or is adjudged a person
with a disability a disabled person;
(3) the representative is convicted of a felony;
(4) the representative wastes or mismanages the
estate;
(5) the representative conducts himself or herself in
such a manner as to endanger any co-representative or the
surety on the representative's bond;
(6) the representative fails to give sufficient bond or
security, counter security or a new bond, after being
ordered by the court to do so;
(7) the representative fails to file an inventory or
accounting after being ordered by the court to do so;
(8) the representative conceals himself or herself so
that process cannot be served upon the representative or
notice cannot be given to the representative;
(9) the representative becomes incapable of or
unsuitable for the discharge of the representative's
duties; or
(10) there is other good cause.
(b) If the representative becomes a nonresident of the
United States, the court may remove the representative as such
representative.

HB4049 Enrolled - 1909 - LRB099 03667 KTG 23678 b
(Source: P.A. 90-430, eff. 8-16-97; 90-472, eff. 8-17-97;
91-357, eff. 7-29-99.)
(755 ILCS 5/26-3)
Sec. 26-3. Effect of post-judgment motions. Unless stayed
by the court, an order adjudicating a person as a person with a
disability disabled and appointing a plenary, limited, or
successor guardian pursuant to Section 11a-3, 11a-12, 11a-14,
or 11a-15 of this Act shall not be suspended or the enforcement
thereof stayed pending the filing and resolution of any
post-judgment motion.
(Source: P.A. 97-1095, eff. 8-24-12.)
(755 ILCS 5/28-2) (from Ch. 110 1/2, par. 28-2)
Sec. 28-2. Order for independent administration - notice of
appointment of independent administrator.) (a) Unless the
will, if any, expressly forbids independent administration or
supervised administration is required under subsection (b),
the court shall grant independent administration (1) when an
order is entered appointing a representative pursuant to a
petition which does not request supervised administration and
which is filed under Section 6-2, 6-9, 6-20, 7-2, 8-2, 9-4 or
9-6 and (2) on petition by the representative at any time or
times during supervised administration and such notice to
interested persons as the court directs. Notwithstanding any
contrary provision of the preceding sentence, if there is an

HB4049 Enrolled - 1910 - LRB099 03667 KTG 23678 b
interested person who is a minor or person with a disability
disabled person, the court may require supervised
administration (or may grant independent administration on
such conditions as its deems adequate to protect the ward's
interest) whenever the court finds that (1) the interests of
the ward are not adequately represented by a personal fiduciary
acting or designated to act pursuant to Section 28-3 or by
another party having a substantially identical interest in the
estate and the ward is not represented by a guardian of his
estate and (2) supervised administration is necessary to
protect the ward's interests. When independent administration
is granted, the independent representative shall include with
each notice required to be mailed to heirs or legatees under
Section 6-10 or Section 9-5 an explanation of the rights of
heirs and legatees under this Article and the form of petition
which may be used to terminate independent administration under
subsection 28-4(a). The form and substance of the notice of
rights and the petition to terminate shall be prescribed by
rule of the Supreme Court of this State. Each order granting
independent administration and the letters shall state that the
representative is appointed as independent executor or
independent administrator, as the case may be. The independent
representative shall file proof of mailing with the clerk of
the court.
(b) If an interested person objects to the grant of
independent administration under subsection (a), the court

HB4049 Enrolled - 1911 - LRB099 03667 KTG 23678 b
shall require supervised administration, except:
(1) If the will, if any, directs independent
administration, supervised administration shall be required
only if the court finds there is good cause to require
supervised administration.
(2) If the objector is a creditor or a legatee other than a
residuary legatee, supervised administration shall be required
only if the court finds it is necessary to protect the
objector's interest, and instead of ordering supervised
administration, the court may require such other action as it
deems adequate to protect the objector's interest.
(Source: P.A. 84-555; 84-690.)
(755 ILCS 5/28-3) (from Ch. 110 1/2, par. 28-3)
Sec. 28-3. Protection of persons under disability during
independent administration.) (a) A personal fiduciary acting
pursuant to this Article has full power and the responsibility
to protect the interests of his ward during independent
administration and to do all acts necessary or appropriate for
that purpose which the ward might do if not under disability.
Approval of any act of the independent representative or of his
final report by the personal fiduciary, or failure of the
personal fiduciary to object after notice pursuant to this
Article, binds the ward. Unless the ward is bound under the
preceding sentence, the independent representative is
accountable to the ward for damages incurred as a consequence

HB4049 Enrolled - 1912 - LRB099 03667 KTG 23678 b
of willful default by the independent representative until the
expiration of a period of 6 months after the ward's disability
is removed, and any action must be commenced before the
expiration of that period. Upon the entry of an order pursuant
to Section 28-4 terminating independent administration status,
the personal fiduciary's powers and responsibility for
continuing to protect the ward's interest terminate. The fact
that a personal fiduciary is acting does not limit the right of
any person as next friend of the ward to inform the court of
any circumstances that may adversely affect the ward's
interests in the estate.
(b) The following persons are entitled to act as personal
fiduciary for a ward in the order of preference indicated:
(1) The representative of the ward's estate acting in
Illinois or, if none, the representative of the ward's estate
acting in any other jurisdiction.
(2) The person designated as personal fiduciary in the
decedent's will, if any.
(3) The person designated as personal fiduciary by the
independent representative in a petition for letters of office
or other instrument filed with the clerk of the court.
No person may act as personal fiduciary who is a minor or
person with a disability disabled person, who has been
convicted of a felony or whose interests conflict with the
ward's interests in the decedent's estate. A personal fiduciary
designated under subparagraph (3) above shall be a spouse,

HB4049 Enrolled - 1913 - LRB099 03667 KTG 23678 b
descendant, parent, grandparent, brother, sister, uncle or
aunt of the ward, a guardian of the person of the ward or a
party having an interest in the estate substantially identical
to that of the ward. The responsibility of a personal fiduciary
begins on delivery of his written acceptance of the office to
the independent representative. Any personal fiduciary may
refuse to act or may resign at any time by instrument delivered
to the independent representative. When a personal fiduciary
has been appointed and there is a change of personal fiduciary
or a vacancy in that office, the independent representative
shall inform the court; and the court may designate any
suitable person as personal fiduciary when there is a vacancy
that has not been filled by the independent representative in
accordance with this Section 28-3.
(c) A personal fiduciary is entitled to such reasonable
compensation for his services as may be approved by the
independent representative or, in the absence of approval, as
may be fixed by the court, to be paid out of the estate as an
expense of administration.
(d) A personal fiduciary is liable to the ward only for
willful default and not for errors in judgment.
(Source: P.A. 85-692.)
(755 ILCS 5/28-10) (from Ch. 110 1/2, par. 28-10)
Sec. 28-10. Distribution.) (a) If it appears to the
independent representative that there are sufficient assets to

HB4049 Enrolled - 1914 - LRB099 03667 KTG 23678 b
pay all claims, the independent representative may at any time
or times distribute the estate to the persons entitled thereto.
As a condition of any distribution, the independent
representative may require the distributee to give him a
refunding bond in any amount the independent representative
deems reasonable, with surety approved by the independent
representative or without surety. If the distribution is made
before the expiration of the period when claims are barred
under Section 18-12, the independent representative must
require the distributee to give him a refunding bond as
provided in Section 24-4. If the estate includes an interest in
real estate that has not been sold by the independent
representative, the independent representative must record and
deliver to the persons entitled thereto an instrument which
contains the legal description of the real estate and releases
the estate's interest.
(b) If abatement or equalization of legacies pursuant to
subsection 24-3(b) or (c) is required, the independent
representative shall determine the amount of the respective
contributions, the manner in which they are paid and whether
security is required.
(c) If it appears to the independent representative that
the value of the estate of the decedent remaining after payment
of 1st class claims does not exceed the amount of the surviving
spouse's and child's awards due, the independent
representative may deliver the personal estate to the persons

HB4049 Enrolled - 1915 - LRB099 03667 KTG 23678 b
entitled to the awards and close the estate as provided in
Section 28-11, without waiting until the expiration of the
period when claims are barred under Section 18-12.
(d) If property distributed in kind, or a security interest
therein, is acquired in good faith by a purchaser or lender for
value from a distributee (or from the successors in interest to
a distributee) who has received physical delivery or an
assignment, deed, release or other instrument of distribution
from an independent representative, the purchaser or lender
takes title free of the rights of all persons having an
interest in the estate and incurs no liability to the estate,
whether or not the distribution was proper.
(e) If a distributee is a minor or a person with a
disability disabled person, the independent representative may
make distribution to the ward's representative, if any, to a
custodian for the ward under the Illinois Uniform Transfers to
Minors Act or the corresponding statute of any other state in
which the ward or the custodian resides, by deposit or
investment of the ward's property subject to court order under
Section 24-21 or in any other manner authorized by law.
(Source: P.A. 84-1308.)
Section 965. The Illinois Power of Attorney Act is amended
by changing Sections 2-3, 2-6, 3-3, and 4-1 as follows:
(755 ILCS 45/2-3) (from Ch. 110 1/2, par. 802-3)

HB4049 Enrolled - 1916 - LRB099 03667 KTG 23678 b
Sec. 2-3. Definitions. As used in this Act:
(a) "Agency" means the written power of attorney or other
instrument of agency governing the relationship between the
principal and agent or the relationship, itself, as appropriate
to the context, and includes agencies dealing with personal or
health care as well as property. An agency is subject to this
Act to the extent it may be controlled by the principal,
excluding agencies and powers for the benefit of the agent.
(b) "Agent" means the attorney-in-fact or other person
designated to act for the principal in the agency.
(c) "Person with a disability Disabled person" has the same
meaning as in the "Probate Act of 1975", as now or hereafter
amended. To be under a "disability" or "disabled" means to be a
person with a disability disabled person.
(c-5) "Incapacitated", when used to describe a principal,
means that the principal is under a legal disability as defined
in Section 11a-2 of the Probate Act of 1975. A principal shall
also be considered incapacitated if: (i) a physician licensed
to practice medicine in all of its branches has examined the
principal and has determined that the principal lacks decision
making capacity; (ii) that physician has made a written record
of this determination and has signed the written record within
90 days after the examination; and (iii) the written record has
been delivered to the agent. The agent may rely conclusively on
the written record.
(d) "Person" means an individual, corporation, trust,

HB4049 Enrolled - 1917 - LRB099 03667 KTG 23678 b
partnership or other entity, as appropriate to the agency.
(e) "Principal" means an individual (including, without
limitation, an individual acting as trustee, representative or
other fiduciary) who signs a power of attorney or other
instrument of agency granting powers to an agent.
(Source: P.A. 96-1195, eff. 7-1-11.)
(755 ILCS 45/2-6) (from Ch. 110 1/2, par. 802-6)
Sec. 2-6. Effect of disability-divorce. (a) All acts of the
agent within the scope of the agency during any period of
disability, incapacity or incompetency of the principal have
the same effect and inure to the benefit of and bind the
principal and his or her successors in interest as if the
principal were competent and not a person with a disability
disabled.
(b) If a court enters a judgement of dissolution of
marriage or legal separation between the principal and his or
her spouse after the agency is signed, the spouse shall be
deemed to have died at the time of the judgment for all
purposes of the agency.
(Source: P.A. 85-701.)
(755 ILCS 45/3-3) (from Ch. 110 1/2, par. 803-3)
Sec. 3-3. Statutory short form power of attorney for
property.
(a) The form prescribed in this Section may be known as

HB4049 Enrolled - 1918 - LRB099 03667 KTG 23678 b
"statutory property power" and may be used to grant an agent
powers with respect to property and financial matters. The
"statutory property power" consists of the following: (1)
Notice to the Individual Signing the Illinois Statutory Short
Form Power of Attorney for Property; (2) Illinois Statutory
Short Form Power of Attorney for Property; and (3) Notice to
Agent. When a power of attorney in substantially the form
prescribed in this Section is used, including all 3 items
above, with item (1), the Notice to Individual Signing the
Illinois Statutory Short Form Power of Attorney for Property,
on a separate sheet (coversheet) in 14-point type and the
notarized form of acknowledgment at the end, it shall have the
meaning and effect prescribed in this Act.
(b) A power of attorney shall also be deemed to be in
substantially the same format as the statutory form if the
explanatory language throughout the form (the language
following the designation "NOTE:") is distinguished in some way
from the legal paragraphs in the form, such as the use of
boldface or other difference in typeface and font or point
size, even if the "Notice" paragraphs at the beginning are not
on a separate sheet of paper or are not in 14-point type, or if
the principal's initials do not appear in the acknowledgement
at the end of the "Notice" paragraphs.
The validity of a power of attorney as meeting the
requirements of a statutory property power shall not be
affected by the fact that one or more of the categories of

HB4049 Enrolled - 1919 - LRB099 03667 KTG 23678 b
optional powers listed in the form are struck out or the form
includes specific limitations on or additions to the agent's
powers, as permitted by the form. Nothing in this Article shall
invalidate or bar use by the principal of any other or
different form of power of attorney for property. Nonstatutory
property powers (i) must be executed by the principal, (ii)
must designate the agent and the agent's powers, (iii) must be
signed by at least one witness to the principal's signature,
and (iv) must indicate that the principal has acknowledged his
or her signature before a notary public. However, nonstatutory
property powers need not conform in any other respect to the
statutory property power.
(c) The Notice to the Individual Signing the Illinois
Statutory Short Form Power of Attorney for Property shall be
substantially as follows:
"NOTICE TO THE INDIVIDUAL SIGNING THE ILLINOIS
STATUTORY SHORT FORM POWER OF ATTORNEY FOR PROPERTY.
PLEASE READ THIS NOTICE CAREFULLY. The form that you will
be signing is a legal document. It is governed by the Illinois
Power of Attorney Act. If there is anything about this form
that you do not understand, you should ask a lawyer to explain
it to you.
The purpose of this Power of Attorney is to give your
designated "agent" broad powers to handle your financial

HB4049 Enrolled - 1920 - LRB099 03667 KTG 23678 b
affairs, which may include the power to pledge, sell, or
dispose of any of your real or personal property, even without
your consent or any advance notice to you. When using the
Statutory Short Form, you may name successor agents, but you
may not name co-agents.
This form does not impose a duty upon your agent to handle
your financial affairs, so it is important that you select an
agent who will agree to do this for you. It is also important
to select an agent whom you trust, since you are giving that
agent control over your financial assets and property. Any
agent who does act for you has a duty to act in good faith for
your benefit and to use due care, competence, and diligence. He
or she must also act in accordance with the law and with the
directions in this form. Your agent must keep a record of all
receipts, disbursements, and significant actions taken as your
agent.
Unless you specifically limit the period of time that this
Power of Attorney will be in effect, your agent may exercise
the powers given to him or her throughout your lifetime, both
before and after you become incapacitated. A court, however,
can take away the powers of your agent if it finds that the
agent is not acting properly. You may also revoke this Power of
Attorney if you wish.
This Power of Attorney does not authorize your agent to
appear in court for you as an attorney-at-law or otherwise to
engage in the practice of law unless he or she is a licensed

HB4049 Enrolled - 1921 - LRB099 03667 KTG 23678 b
attorney who is authorized to practice law in Illinois.
The powers you give your agent are explained more fully in
Section 3-4 of the Illinois Power of Attorney Act. This form is
a part of that law. The "NOTE" paragraphs throughout this form
are instructions.
You are not required to sign this Power of Attorney, but it
will not take effect without your signature. You should not
sign this Power of Attorney if you do not understand everything
in it, and what your agent will be able to do if you do sign it.
Please place your initials on the following line indicating
that you have read this Notice:
.....................
Principal's initials"
(d) The Illinois Statutory Short Form Power of Attorney for
Property shall be substantially as follows:
"ILLINOIS STATUTORY SHORT FORM
POWER OF ATTORNEY FOR PROPERTY
1. I, ..............., (insert name and address of
principal) hereby revoke all prior powers of attorney for
property executed by me and appoint:
.............................................................
(insert name and address of agent)

HB4049 Enrolled - 1922 - LRB099 03667 KTG 23678 b
(NOTE: You may not name co-agents using this form.)
as my attorney-in-fact (my "agent") to act for me and in my
name (in any way I could act in person) with respect to the
following powers, as defined in Section 3-4 of the "Statutory
Short Form Power of Attorney for Property Law" (including all
amendments), but subject to any limitations on or additions to
the specified powers inserted in paragraph 2 or 3 below:
(NOTE: You must strike out any one or more of the following
categories of powers you do not want your agent to have.
Failure to strike the title of any category will cause the
powers described in that category to be granted to the agent.
To strike out a category you must draw a line through the title
of that category.)
(a) Real estate transactions.
(b) Financial institution transactions.
(c) Stock and bond transactions.
(d) Tangible personal property transactions.
(e) Safe deposit box transactions.
(f) Insurance and annuity transactions.
(g) Retirement plan transactions.
(h) Social Security, employment and military service
benefits.
(i) Tax matters.
(j) Claims and litigation.
(k) Commodity and option transactions.

HB4049 Enrolled - 1923 - LRB099 03667 KTG 23678 b
(l) Business operations.
(m) Borrowing transactions.
(n) Estate transactions.
(o) All other property transactions.
(NOTE: Limitations on and additions to the agent's powers may
be included in this power of attorney if they are specifically
described below.)
2. The powers granted above shall not include the following
powers or shall be modified or limited in the following
particulars:
(NOTE: Here you may include any specific limitations you deem
appropriate, such as a prohibition or conditions on the sale of
particular stock or real estate or special rules on borrowing
by the agent.)
.............................................................
.............................................................
.............................................................
.............................................................
.............................................................
3. In addition to the powers granted above, I grant my
agent the following powers:
(NOTE: Here you may add any other delegable powers including,
without limitation, power to make gifts, exercise powers of
appointment, name or change beneficiaries or joint tenants or
revoke or amend any trust specifically referred to below.)
.............................................................

HB4049 Enrolled - 1924 - LRB099 03667 KTG 23678 b
.............................................................
.............................................................
.............................................................
.............................................................
(NOTE: Your agent will have authority to employ other persons
as necessary to enable the agent to properly exercise the
powers granted in this form, but your agent will have to make
all discretionary decisions. If you want to give your agent the
right to delegate discretionary decision-making powers to
others, you should keep paragraph 4, otherwise it should be
struck out.)
4. My agent shall have the right by written instrument to
delegate any or all of the foregoing powers involving
discretionary decision-making to any person or persons whom my
agent may select, but such delegation may be amended or revoked
by any agent (including any successor) named by me who is
acting under this power of attorney at the time of reference.
(NOTE: Your agent will be entitled to reimbursement for all
reasonable expenses incurred in acting under this power of
attorney. Strike out paragraph 5 if you do not want your agent
to also be entitled to reasonable compensation for services as
agent.)
5. My agent shall be entitled to reasonable compensation
for services rendered as agent under this power of attorney.
(NOTE: This power of attorney may be amended or revoked by you
at any time and in any manner. Absent amendment or revocation,

HB4049 Enrolled - 1925 - LRB099 03667 KTG 23678 b
the authority granted in this power of attorney will become
effective at the time this power is signed and will continue
until your death, unless a limitation on the beginning date or
duration is made by initialing and completing one or both of
paragraphs 6 and 7:)
6. ( ) This power of attorney shall become effective on
.............................................................
(NOTE: Insert a future date or event during your lifetime, such
as a court determination of your disability or a written
determination by your physician that you are incapacitated,
when you want this power to first take effect.)
7. ( ) This power of attorney shall terminate on
.............................................................
(NOTE: Insert a future date or event, such as a court
determination that you are not under a legal disability or a
written determination by your physician that you are not
incapacitated, if you want this power to terminate prior to
your death.)
(NOTE: If you wish to name one or more successor agents, insert
the name and address of each successor agent in paragraph 8.)
8. If any agent named by me shall die, become incompetent,
resign or refuse to accept the office of agent, I name the
following (each to act alone and successively, in the order
named) as successor(s) to such agent:
.............................................................
.............................................................

HB4049 Enrolled - 1926 - LRB099 03667 KTG 23678 b
For purposes of this paragraph 8, a person shall be considered
to be incompetent if and while the person is a minor or an
adjudicated incompetent or a person with a disability disabled
person or the person is unable to give prompt and intelligent
consideration to business matters, as certified by a licensed
physician.
(NOTE: If you wish to, you may name your agent as guardian of
your estate if a court decides that one should be appointed. To
do this, retain paragraph 9, and the court will appoint your
agent if the court finds that this appointment will serve your
best interests and welfare. Strike out paragraph 9 if you do
not want your agent to act as guardian.)
9. If a guardian of my estate (my property) is to be
appointed, I nominate the agent acting under this power of
attorney as such guardian, to serve without bond or security.
10. I am fully informed as to all the contents of this form
and understand the full import of this grant of powers to my
agent.
(NOTE: This form does not authorize your agent to appear in
court for you as an attorney-at-law or otherwise to engage in
the practice of law unless he or she is a licensed attorney who
is authorized to practice law in Illinois.)
11. The Notice to Agent is incorporated by reference and
included as part of this form.
Dated: ................
Signed ..........................................

HB4049 Enrolled - 1927 - LRB099 03667 KTG 23678 b
(principal)
(NOTE: This power of attorney will not be effective unless it
is signed by at least one witness and your signature is
notarized, using the form below. The notary may not also sign
as a witness.)
The undersigned witness certifies that ..............., known
to me to be the same person whose name is subscribed as
principal to the foregoing power of attorney, appeared before
me and the notary public and acknowledged signing and
delivering the instrument as the free and voluntary act of the
principal, for the uses and purposes therein set forth. I
believe him or her to be of sound mind and memory. The
undersigned witness also certifies that the witness is not: (a)
the attending physician or mental health service provider or a
relative of the physician or provider; (b) an owner, operator,
or relative of an owner or operator of a health care facility
in which the principal is a patient or resident; (c) a parent,
sibling, descendant, or any spouse of such parent, sibling, or
descendant of either the principal or any agent or successor
agent under the foregoing power of attorney, whether such
relationship is by blood, marriage, or adoption; or (d) an
agent or successor agent under the foregoing power of attorney.
Dated: ................
..............................

HB4049 Enrolled - 1928 - LRB099 03667 KTG 23678 b
Witness
(NOTE: Illinois requires only one witness, but other
jurisdictions may require more than one witness. If you wish to
have a second witness, have him or her certify and sign here:)
(Second witness) The undersigned witness certifies that
................, known to me to be the same person whose name
is subscribed as principal to the foregoing power of attorney,
appeared before me and the notary public and acknowledged
signing and delivering the instrument as the free and voluntary
act of the principal, for the uses and purposes therein set
forth. I believe him or her to be of sound mind and memory. The
undersigned witness also certifies that the witness is not: (a)
the attending physician or mental health service provider or a
relative of the physician or provider; (b) an owner, operator,
or relative of an owner or operator of a health care facility
in which the principal is a patient or resident; (c) a parent,
sibling, descendant, or any spouse of such parent, sibling, or
descendant of either the principal or any agent or successor
agent under the foregoing power of attorney, whether such
relationship is by blood, marriage, or adoption; or (d) an
agent or successor agent under the foregoing power of attorney.
Dated: .......................
..............................
Witness

HB4049 Enrolled - 1929 - LRB099 03667 KTG 23678 b
State of ............)
) SS.
County of ...........)
The undersigned, a notary public in and for the above
county and state, certifies that .......................,
known to me to be the same person whose name is subscribed as
principal to the foregoing power of attorney, appeared before
me and the witness(es) ............. (and ..............) in
person and acknowledged signing and delivering the instrument
as the free and voluntary act of the principal, for the uses
and purposes therein set forth (, and certified to the
correctness of the signature(s) of the agent(s)).
Dated: ................
..............................
Notary Public
My commission expires .................
(NOTE: You may, but are not required to, request your agent and
successor agents to provide specimen signatures below. If you
include specimen signatures in this power of attorney, you must
complete the certification opposite the signatures of the
agents.)
Specimen signatures of I certify that the signatures
agent (and successors) of my agent (and successors)

HB4049 Enrolled - 1930 - LRB099 03667 KTG 23678 b
are genuine.
.......................... .............................
(agent) (principal)
.......................... .............................
(successor agent) (principal)
.......................... .............................
(successor agent) (principal)
(NOTE: The name, address, and phone number of the person
preparing this form or who assisted the principal in completing
this form should be inserted below.)
Name: .......................
Address: ....................
..............................
..............................
Phone: .................... "
(e) Notice to Agent. The following form may be known as
"Notice to Agent" and shall be supplied to an agent appointed
under a power of attorney for property.
"NOTICE TO AGENT
When you accept the authority granted under this power of
attorney a special legal relationship, known as agency, is
created between you and the principal. Agency imposes upon you
duties that continue until you resign or the power of attorney

HB4049 Enrolled - 1931 - LRB099 03667 KTG 23678 b
is terminated or revoked.
As agent you must:
(1) do what you know the principal reasonably expects
you to do with the principal's property;
(2) act in good faith for the best interest of the
principal, using due care, competence, and diligence;
(3) keep a complete and detailed record of all
receipts, disbursements, and significant actions conducted
for the principal;
(4) attempt to preserve the principal's estate plan, to
the extent actually known by the agent, if preserving the
plan is consistent with the principal's best interest; and
(5) cooperate with a person who has authority to make
health care decisions for the principal to carry out the
principal's reasonable expectations to the extent actually
in the principal's best interest.
As agent you must not do any of the following:
(1) act so as to create a conflict of interest that is
inconsistent with the other principles in this Notice to
Agent;
(2) do any act beyond the authority granted in this
power of attorney;
(3) commingle the principal's funds with your funds;
(4) borrow funds or other property from the principal,
unless otherwise authorized;
(5) continue acting on behalf of the principal if you

HB4049 Enrolled - 1932 - LRB099 03667 KTG 23678 b
learn of any event that terminates this power of attorney
or your authority under this power of attorney, such as the
death of the principal, your legal separation from the
principal, or the dissolution of your marriage to the
principal.
If you have special skills or expertise, you must use those
special skills and expertise when acting for the principal. You
must disclose your identity as an agent whenever you act for
the principal by writing or printing the name of the principal
and signing your own name "as Agent" in the following manner:
"(Principal's Name) by (Your Name) as Agent"
The meaning of the powers granted to you is contained in
Section 3-4 of the Illinois Power of Attorney Act, which is
incorporated by reference into the body of the power of
attorney for property document.
If you violate your duties as agent or act outside the
authority granted to you, you may be liable for any damages,
including attorney's fees and costs, caused by your violation.
If there is anything about this document or your duties
that you do not understand, you should seek legal advice from
an attorney."
(f) The requirement of the signature of a witness in
addition to the principal and the notary, imposed by Public Act
91-790, applies only to instruments executed on or after June
9, 2000 (the effective date of that Public Act).

HB4049 Enrolled - 1933 - LRB099 03667 KTG 23678 b
(NOTE: This amendatory Act of the 96th General Assembly deletes
provisions that referred to the one required witness as an
"additional witness", and it also provides for the signature of
an optional "second witness".)
(Source: P.A. 96-1195, eff. 7-1-11.)
(755 ILCS 45/4-1) (from Ch. 110 1/2, par. 804-1)
Sec. 4-1. Purpose. The General Assembly recognizes the
right of the individual to control all aspects of his or her
personal care and medical treatment, including the right to
decline medical treatment or to direct that it be withdrawn,
even if death ensues. The right of the individual to decide
about personal care overrides the obligation of the physician
and other health care providers to render care or to preserve
life and health.
However, if the individual becomes a person with a
disability disabled, her or his right to control treatment may
be denied unless the individual, as principal, can delegate the
decision making power to a trusted agent and be sure that the
agent's power to make personal and health care decisions for
the principal will be effective to the same extent as though
made by the principal.
The Illinois statutory recognition of the right of
delegation for health care purposes needs to be restated to
make it clear that its scope is intended to be as broad as the
comparable right of delegation for property and financial

HB4049 Enrolled - 1934 - LRB099 03667 KTG 23678 b
matters. However, the General Assembly recognizes that powers
concerning life and death and the other issues involved in
health care agencies are more sensitive than property matters
and that particular rules and forms are necessary for health
care agencies to insure their validity and efficacy and to
protect health care providers so that they will honor the
authority of the agent at all times. For purposes of emphasis
and their particular application to health care, the General
Assembly restates the purposes and public policy announced in
Article II, Section 2-1 of this Act as if those purposes and
public policies were set forth verbatim in this Section.
In furtherance of these purposes, the General Assembly
adopts this Article, setting forth general principles
governing health care agencies and a statutory short form power
of attorney for health care, intending that when a power in
substantially the form set forth in this Article is used,
health care providers and other third parties who rely in good
faith on the acts and decisions of the agent within the scope
of the power may do so without fear of civil or criminal
liability to the principal, the State or any other person.
However, the form of health care agency in this Article is not
intended to be exclusive and other forms of powers of attorney
chosen by the principal that comply with Section 4-5 of this
Article may offer powers and protection similar to the
statutory short form power of attorney for health care.
(Source: P.A. 85-1395.)

HB4049 Enrolled - 1935 - LRB099 03667 KTG 23678 b
Section 970. The Trusts and Trustees Act is amended by
changing Sections 15, 15.1, 16.1, and 16.4 as follows:
(760 ILCS 5/15) (from Ch. 17, par. 1685)
Sec. 15. Minor or person with a disability disabled
person-Authority of Representative. The representative of the
estate of a beneficiary under legal disability or a spouse,
parent, adult child, or guardian of the person of a beneficiary
for whose estate no representative has been appointed, may act
for the beneficiary in receiving and approving any account of
the trustee appointing a successor trustee and executing any
receipt and receiving any notice from the trustee.
(Source: P.A. 82-354.)
(760 ILCS 5/15.1) (from Ch. 17, par. 1685.1)
Sec. 15.1. Trust for a beneficiary with a disability
disabled beneficiary. A discretionary trust for the benefit of
an individual who has a disability that substantially impairs
the individual's ability to provide for his or her own care or
custody and constitutes a substantial disability handicap
shall not be liable to pay or reimburse the State or any public
agency for financial aid or services to the individual except
to the extent the trust was created by the individual or trust
property has been distributed directly to or is otherwise under
the control of the individual, provided that such exception

HB4049 Enrolled - 1936 - LRB099 03667 KTG 23678 b
shall not apply to a trust created with the disabled
individual's own property of the individual with a disability
or property within his or her control if the trust complies
with Medicaid reimbursement requirements of federal law.
Notwithstanding any other provisions to the contrary, a trust
created with the disabled individual's own property of the
individual with a disability or property within his or her
control shall be liable, after reimbursement of Medicaid
expenditures, to the State for reimbursement of any other
service charges outstanding at the death of the individual with
a disability disabled individual. Property, goods and services
purchased or owned by a trust for and used or consumed by a
beneficiary with a disability disabled beneficiary shall not be
considered trust property distributed to or under the control
of the beneficiary. A discretionary trust is one in which the
trustee has discretionary power to determine distributions to
be made under the trust.
(Source: P.A. 89-205, eff. 1-1-96.)
(760 ILCS 5/16.1)
Sec. 16.1. Virtual representation.
(a) Representation by a beneficiary with a substantially
similar interest, by the primary beneficiaries and by others.
(1) To the extent there is no conflict of interest
between the representative and the represented beneficiary
with respect to the particular question or dispute, a

HB4049 Enrolled - 1937 - LRB099 03667 KTG 23678 b
beneficiary who is a minor or a beneficiary with a
disability or an disabled or unborn beneficiary, or a
beneficiary whose identity or location is unknown and not
reasonably ascertainable (hereinafter referred to as an
"unascertainable beneficiary"), may for all purposes be
represented by and bound by another beneficiary having a
substantially similar interest with respect to the
particular question or dispute; provided, however, that
the represented beneficiary is not otherwise represented
by a guardian or agent in accordance with subdivision
(a)(4) or by a parent in accordance with subdivision
(a)(5).
(2) If all primary beneficiaries of a trust either have
legal capacity or have representatives in accordance with
this subsection (a) who have legal capacity, the actions of
such primary beneficiaries, in each case either by the
beneficiary or by the beneficiary's representative, shall
represent and bind all other beneficiaries who have a
successor, contingent, future, or other interest in the
trust.
(3) For purposes of this Act:
(A) "Primary beneficiary" means a beneficiary of a
trust who as of the date of determination is either:
(i) currently eligible to receive income or principal
from the trust, or (ii) a presumptive remainder
beneficiary.

HB4049 Enrolled - 1938 - LRB099 03667 KTG 23678 b
(B) "Presumptive remainder beneficiary" means a
beneficiary of a trust, as of the date of determination
and assuming nonexercise of all powers of appointment,
who either: (i) would be eligible to receive a
distribution of income or principal if the trust
terminated on that date, or (ii) would be eligible to
receive a distribution of income or principal if the
interests of all beneficiaries currently eligible to
receive income or principal from the trust ended on
that date without causing the trust to terminate.
(C) "Person with a disability" Disabled person" as
of any date means either a person with a disability
disabled person within the meaning of Section 11a-2 of
the Probate Act of 1975 or a person who, within the 365
days immediately preceding that date, was examined by a
licensed physician who determined that the person
lacked the capacity to make prudent financial
decisions, and the physician made a written record of
the physician's determination and signed the written
record within 90 days after the examination.
(D) A person has legal capacity unless the person
is a minor or a person with a disability disabled
person.
(4) If a trust beneficiary is represented by a court
appointed guardian of the estate or, if none, guardian of
the person, the guardian shall represent and bind the

HB4049 Enrolled - 1939 - LRB099 03667 KTG 23678 b
beneficiary. If a trust beneficiary is a person with a
disability disabled person, an agent under a power of
attorney for property who has authority to act with respect
to the particular question or dispute and who does not have
a conflict of interest with respect to the particular
question or dispute may represent and bind the principal.
An agent is deemed to have such authority if the power of
attorney grants the agent the power to settle claims and to
exercise powers with respect to trusts and estates, even if
the powers do not include powers to make a will, to revoke
or amend a trust, or to require the trustee to pay income
or principal. Absent a court order pursuant to the Illinois
Power of Attorney Act directing a guardian to exercise
powers of the principal under an agency that survives
disability, an agent under a power of attorney for property
who in accordance with this subdivision has authority to
represent and bind a principal with a disability disabled
principal takes precedence over a court appointed guardian
unless the court specifies otherwise. This subdivision
applies to all agencies, whenever and wherever executed.
(5) If a trust beneficiary is a minor or a person with
a disability or an disabled or unborn person and is not
represented by a guardian or agent in accordance with
subdivision (a)(4), then a parent of the beneficiary may
represent and bind the beneficiary, provided that there is
no conflict of interest between the represented person and

HB4049 Enrolled - 1940 - LRB099 03667 KTG 23678 b
either of the person's parents with respect to the
particular question or dispute. If a disagreement arises
between parents who otherwise qualify to represent a child
in accordance with this subsection (a) and who are seeking
to represent the same child, the parent who is a lineal
descendant of the settlor of the trust that is the subject
of the representation is entitled to represent the child;
or if none, the parent who is a beneficiary of the trust is
entitled to represent the child.
(6) A guardian, agent or parent who is the
representative for a beneficiary under subdivision (a)(4)
or (a)(5) may, for all purposes, represent and bind any
other beneficiary who is a minor or a beneficiary with a
disability or an disabled, unborn, or unascertainable
beneficiary who has an interest, with respect to the
particular question or dispute, that is substantially
similar to the interest of the beneficiary represented by
the representative, but only to the extent that there is no
conflict of interest between the beneficiary represented
by the representative and the other beneficiary with
respect to the particular question or dispute; provided,
however, that the other beneficiary is not otherwise
represented by a guardian or agent in accordance with
subdivision (a)(4) or by a parent in accordance with
subdivision (a)(5).
(7) The action or consent of a representative who may

HB4049 Enrolled - 1941 - LRB099 03667 KTG 23678 b
represent and bind a beneficiary in accordance with this
Section is binding on the beneficiary represented, and
notice or service of process to the representative has the
same effect as if the notice or service of process were
given directly to the beneficiary represented.
(8) Nothing in this Section limits the discretionary
power of a court in a judicial proceeding to appoint a
guardian ad litem for any beneficiary who is a minor,
beneficiary who has a disability, unborn beneficiary, or
unascertainable beneficiary minor, disabled, unborn, or
unascertainable beneficiary with respect to a particular
question or dispute, but appointment of a guardian ad litem
need not be considered and is not necessary if such
beneficiary is otherwise represented in accordance with
this Section.
(b) Total return trusts. This Section shall apply to enable
conversion to a total return trust by agreement in accordance
with subsection (b) of Section 5.3 of this Act, by agreement
between the trustee and all primary beneficiaries of the trust,
in each case either by the beneficiary or by the beneficiary's
representative in accordance with this Section.
(c) Representation of charity. If a trust provides a
beneficial interest or expectancy for one or more charities or
charitable purposes that are not specifically named or
otherwise represented (the "charitable interest"), the
Illinois Attorney General may, in accordance with this Section,

HB4049 Enrolled - 1942 - LRB099 03667 KTG 23678 b
represent, bind, and act on behalf of the charitable interest
with respect to any particular question or dispute, including
without limitation representing the charitable interest in a
nonjudicial settlement agreement or in an agreement to convert
a trust to a total return trust in accordance with subsection
(b) of Section 5.3 of this Act. A charity that is specifically
named as beneficiary of a trust or that otherwise has an
express beneficial interest in a trust may act for itself.
Notwithstanding any other provision, nothing in this Section
shall be construed to limit or affect the Illinois Attorney
General's authority to file an action or take other steps as he
or she deems advisable at any time to enforce or protect the
general public interest as to a trust that provides a
beneficial interest or expectancy for one or more charities or
charitable purposes whether or not a specific charity is named
in the trust. This subsection (c) shall be construed as being
declarative of existing law and not as a new enactment.
(d) Nonjudicial settlement agreements.
(1) For purposes of this Section, "interested persons"
means the trustee and all beneficiaries, or their
respective representatives determined after giving effect
to the preceding provisions of this Section, whose consent
or joinder would be required in order to achieve a binding
settlement were the settlement to be approved by the court.
"Interested persons" also includes a trust advisor,
investment advisor, distribution advisor, trust protector

HB4049 Enrolled - 1943 - LRB099 03667 KTG 23678 b
or other holder, or committee of holders, of fiduciary or
nonfiduciary powers, if the person then holds powers
material to a particular question or dispute to be resolved
or affected by a nonjudicial settlement agreement in
accordance with this Section or by the court.
(2) Interested persons, or their respective
representatives determined after giving effect to the
preceding provisions of this Section, may enter into a
binding nonjudicial settlement agreement with respect to
any matter involving a trust as provided in this Section.
(3) (Blank).
(4) The following matters may be resolved by a
nonjudicial settlement agreement:
(A) Validity, interpretation, or construction of
the terms of the trust.
(B) Approval of a trustee's report or accounting.
(C) Exercise or nonexercise of any power by a
trustee.
(D) The grant to a trustee of any necessary or
desirable administrative power, provided the grant
does not conflict with a clear material purpose of the
trust.
(E) Questions relating to property or an interest
in property held by the trust, provided the resolution
does not conflict with a clear material purpose of the
trust.

HB4049 Enrolled - 1944 - LRB099 03667 KTG 23678 b
(F) Removal, appointment, or removal and
appointment of a trustee, trust advisor, investment
advisor, distribution advisor, trust protector or
other holder, or committee of holders, of fiduciary or
nonfiduciary powers, including without limitation
designation of a plan of succession or procedure to
determine successors to any such office.
(G) Determination of a trustee's compensation.
(H) Transfer of a trust's principal place of
administration, including without limitation to change
the law governing administration of the trust.
(I) Liability or indemnification of a trustee for
an action relating to the trust.
(J) Resolution of bona fide disputes related to
administration, investment, distribution or other
matters.
(K) Modification of terms of the trust pertaining
to administration of the trust.
(L) Termination of the trust, provided that court
approval of such termination must be obtained in
accordance with subdivision (d)(5) of this Section,
and the court must conclude continuance of the trust is
not necessary to achieve any clear material purpose of
the trust. The court may consider spendthrift
provisions as a factor in making a decision under this
subdivision, but a spendthrift provision is not

HB4049 Enrolled - 1945 - LRB099 03667 KTG 23678 b
necessarily a clear material purpose of a trust, and
the court is not precluded from modifying or
terminating a trust because the trust instrument
contains a spendthrift provision. Upon such
termination the court may order the trust property
distributed as agreed by the parties to the agreement
or otherwise as the court determines equitable
consistent with the purposes of the trust.
(M) Any other matter involving a trust to the
extent the terms and conditions of the nonjudicial
settlement agreement could be properly approved under
applicable law by a court of competent jurisdiction.
(4.5) If a charitable interest or a specifically named
charity is a current beneficiary, is a presumptive
remainder beneficiary, or has any vested interest in a
trust, the parties to any proposed nonjudicial settlement
agreement affecting the trust shall deliver to the Attorney
General's Charitable Trust Bureau written notice of the
proposed agreement at least 60 days prior to its effective
date. The Bureau need take no action, but if it objects in
a writing delivered to one or more of the parties prior to
the proposed effective date, the agreement shall not take
effect unless the parties obtain court approval.
(5) Any beneficiary or other interested person may
request the court to approve any part or all of a
nonjudicial settlement agreement, including whether any

HB4049 Enrolled - 1946 - LRB099 03667 KTG 23678 b
representation is adequate and without conflict of
interest, provided that the petition for such approval must
be filed before or within 60 days after the effective date
of the agreement.
(6) An agreement entered into in accordance with this
Section shall be final and binding on the trustee, on all
beneficiaries of the trust, both current and future, and on
all other interested persons as if ordered by a court with
competent jurisdiction over the trust, the trust property,
and all parties in interest.
(7) In the trustee's sole discretion, the trustee may,
but is not required to, obtain and rely upon an opinion of
counsel on any matter relevant to this Section, including
without limitation: (i) where required by this Section,
that the agreement proposed to be made in accordance with
this Section does not conflict with a clear material
purpose of the trust or could be properly approved by the
court under applicable law; (ii) in the case of a trust
termination, that continuance of the trust is not necessary
to achieve any clear material purpose of the trust; (iii)
that there is no conflict of interest between a
representative and the person represented with respect to
the particular question or dispute; or (iv) that the
representative and the person represented have
substantially similar interests with respect to the
particular question or dispute.

HB4049 Enrolled - 1947 - LRB099 03667 KTG 23678 b
(e) Application. On and after its effective date, this
Section applies to all existing and future trusts, judicial
proceedings, or agreements entered into in accordance with this
Section on or after the effective date.
(f) This Section shall be construed as pertaining to the
administration of a trust and shall be available to any trust
that is administered in this State or that is governed by
Illinois law with respect to the meaning and effect of its
terms, except to the extent the governing instrument expressly
prohibits the use of this Section by specific reference to this
Section. A provision in the governing instrument in the form:
"Neither the provisions of Section 16.1 of the Illinois Trusts
and Trustees Act nor any corresponding provision of future law
may be used in the administration of this trust", or a similar
provision demonstrating that intent, is sufficient to preclude
the use of this Section.
(g) The changes made by this amendatory Act of the 98th
General Assembly apply to all trusts in existence on the
effective date of this amendatory Act of the 98th General
Assembly or created after that date, and are applicable to
judicial proceedings and nonjudicial matters involving such
trusts. For purposes of this Section:
(i) judicial proceedings include any proceeding before
a court or administrative tribunal of this State and any
arbitration or mediation proceedings; and
(ii) nonjudicial matters include, but are not limited

HB4049 Enrolled - 1948 - LRB099 03667 KTG 23678 b
to, nonjudicial settlement agreements entered into in
accordance with this Section and the grant of any consent,
release, ratification, or indemnification.
(Source: P.A. 98-946, eff. 1-1-15.)
(760 ILCS 5/16.4)
Sec. 16.4. Distribution of trust principal in further
trust.
(a) Definitions. In this Section:
"Absolute discretion" means the right to distribute
principal that is not limited or modified in any manner to or
for the benefit of one or more beneficiaries of the trust,
whether or not the term "absolute" is used. A power to
distribute principal that includes purposes such as best
interests, welfare, or happiness shall constitute absolute
discretion.
"Authorized trustee" means an entity or individual, other
than the settlor, who has authority under the terms of the
first trust to distribute the principal of the trust for the
benefit of one or more current beneficiaries.
"Code" means the United States Internal Revenue Code of
1986, as amended from time to time, including corresponding
provisions of subsequent internal revenue laws and
corresponding provisions of State law.
"Current beneficiary" means a person who is currently
receiving or eligible to receive a distribution of principal or

HB4049 Enrolled - 1949 - LRB099 03667 KTG 23678 b
income from the trustee on the date of the exercise of the
power.
"Distribute" means the power to pay directly to the
beneficiary of a trust or make application for the benefit of
the beneficiary.
"First trust" means an existing irrevocable inter vivos or
testamentary trust part or all of the principal of which is
distributed in further trust under subsection (c) or (d).
"Presumptive remainder beneficiary" means a beneficiary of
a trust, as of the date of determination and assuming
non-exercise of all powers of appointment, who either (i) would
be eligible to receive a distribution of income or principal if
the trust terminated on that date, or (ii) would be eligible to
receive a distribution of income or principal if the interests
of all beneficiaries currently eligible to receive income or
principal from the trust ended on that date without causing the
trust to terminate.
"Principal" includes the income of the trust at the time of
the exercise of the power that is not currently required to be
distributed, including accrued and accumulated income.
"Second trust" means any irrevocable trust to which
principal is distributed in accordance with subsection (c) or
(d).
"Successor beneficiary" means any beneficiary other than
the current and presumptive remainder beneficiaries, but does
not include a potential appointee of a power of appointment

HB4049 Enrolled - 1950 - LRB099 03667 KTG 23678 b
held by a beneficiary.
(b) Purpose. An independent trustee who has discretion to
make distributions to the beneficiaries shall exercise that
discretion in the trustee's fiduciary capacity, whether the
trustee's discretion is absolute or limited to ascertainable
standards, in furtherance of the purposes of the trust.
(c) Distribution to second trust if absolute discretion. An
authorized trustee who has the absolute discretion to
distribute the principal of a trust may distribute part or all
of the principal of the trust in favor of a trustee of a second
trust for the benefit of one, more than one, or all of the
current beneficiaries of the first trust and for the benefit of
one, more than one, or all of the successor and remainder
beneficiaries of the first trust.
(1) If the authorized trustee exercises the power under
this subsection, the authorized trustee may grant a power
of appointment (including a presently exercisable power of
appointment) in the second trust to one or more of the
current beneficiaries of the first trust, provided that the
beneficiary granted a power to appoint could receive the
principal outright under the terms of the first trust.
(2) If the authorized trustee grants a power of
appointment, the class of permissible appointees in favor
of whom a beneficiary may exercise the power of appointment
granted in the second trust may be broader than or
otherwise different from the current, successor, and

HB4049 Enrolled - 1951 - LRB099 03667 KTG 23678 b
presumptive remainder beneficiaries of the first trust.
(3) If the beneficiary or beneficiaries of the first
trust are described as a class of persons, the beneficiary
or beneficiaries of the second trust may include one or
more persons of such class who become includible in the
class after the distribution to the second trust.
(d) Distribution to second trust if no absolute discretion.
An authorized trustee who has the power to distribute the
principal of a trust but does not have the absolute discretion
to distribute the principal of the trust may distribute part or
all of the principal of the first trust in favor of a trustee
of a second trust, provided that the current beneficiaries of
the second trust shall be the same as the current beneficiaries
of the first trust and the successor and remainder
beneficiaries of the second trust shall be the same as the
successor and remainder beneficiaries of the first trust.
(1) If the authorized trustee exercises the power under
this subsection (d), the second trust shall include the
same language authorizing the trustee to distribute the
income or principal of a trust as set forth in the first
trust.
(2) If the beneficiary or beneficiaries of the first
trust are described as a class of persons, the beneficiary
or beneficiaries of the second trust shall include all
persons who become includible in the class after the
distribution to the second trust.

HB4049 Enrolled - 1952 - LRB099 03667 KTG 23678 b
(3) If the authorized trustee exercises the power under
this subsection (d) and if the first trust grants a power
of appointment to a beneficiary of the trust, the second
trust shall grant such power of appointment in the second
trust and the class of permissible appointees shall be the
same as in the first trust.
(4) Supplemental Needs Trusts.
(i) Notwithstanding the other provisions of this
subsection (d), the authorized trustee may distribute
part or all of the principal of the interest of a
beneficiary who has a disability a disabled
beneficiary's interest in the first trust in favor of a
trustee of a second trust which is a supplemental needs
trust if the authorized trustee determines that to do
so would be in the best interests of the beneficiary
who has a disability disabled beneficiary.
(ii) Definitions. For purposes of this subsection
(d):
"Best interests" of a beneficiary who has a
disability disabled beneficiary include, without
limitation, consideration of the financial impact
to the disabled beneficiary's family of the
beneficiary who has a disability.
"Beneficiary who has a disability Disabled
beneficiary" means a current beneficiary,
presumptive remainder beneficiary, or successor

HB4049 Enrolled - 1953 - LRB099 03667 KTG 23678 b
beneficiary of the first trust who the authorized
trustee determines has a disability that
substantially impairs the beneficiary's ability to
provide for his or her own care or custody and that
constitutes a substantial disability handicap,
whether or not the beneficiary has been
adjudicated a "person with a disability" disabled
person".
"Governmental benefits" means financial aid or
services from any State, Federal, or other public
agency.
"Supplemental needs second trust" means a
trust that complies with paragraph (iii) of this
paragraph (4) and that relative to the first trust
contains either lesser or greater restrictions on
the trustee's power to distribute trust income or
principal and which the trustee believes would, if
implemented, allow the beneficiary who has a
disability disabled beneficiary to receive a
greater degree of governmental benefits than the
beneficiary who has a disability disabled
beneficiary will receive if no distribution is
made.
(iii) Remainder beneficiaries. A supplemental
needs second trust may name remainder and successor
beneficiaries other than the disabled beneficiary's

HB4049 Enrolled - 1954 - LRB099 03667 KTG 23678 b
estate of the beneficiary with a disability, provided
that the second trust names the same presumptive
remainder beneficiaries and successor beneficiaries to
the disabled beneficiary's interest of the beneficiary
who has a disability, and in the same proportions, as
exist in the first trust. In addition to the foregoing,
where the first trust was created by the beneficiary
who has a disability disabled beneficiary or the trust
property has been distributed directly to or is
otherwise under the control of the beneficiary who has
a disability disabled beneficiary, the authorized
trustee may distribute to a "pooled trust" as defined
by federal Medicaid law for the benefit of the
beneficiary who has a disability disabled beneficiary
or the supplemental needs second trust must contain pay
back provisions complying with Medicaid reimbursement
requirements of federal law.
(iv) Reimbursement. A supplemental needs second
trust shall not be liable to pay or reimburse the State
or any public agency for financial aid or services to
the beneficiary who has a disability disabled
beneficiary except as provided in the supplemental
needs second trust.
(e) Notice. An authorized trustee may exercise the power to
distribute in favor of a second trust under subsections (c) and
(d) without the consent of the settlor or the beneficiaries of

HB4049 Enrolled - 1955 - LRB099 03667 KTG 23678 b
the first trust and without court approval if:
(1) there are one or more legally competent current
beneficiaries and one or more legally competent
presumptive remainder beneficiaries and the authorized
trustee sends written notice of the trustee's decision,
specifying the manner in which the trustee intends to
exercise the power and the prospective effective date for
the distribution, to all of the legally competent current
beneficiaries and presumptive remainder beneficiaries,
determined as of the date the notice is sent and assuming
non-exercise of all powers of appointment; and
(2) no beneficiary to whom notice was sent objects to
the distribution in writing delivered to the trustee within
60 days after the notice is sent ("notice period").
A trustee is not required to provide a copy of the notice
to a beneficiary who is known to the trustee but who cannot be
located by the trustee after reasonable diligence or who is not
known to the trustee.
If a charity is a current beneficiary or presumptive
remainder beneficiary of the trust, the notice shall also be
given to the Attorney General's Charitable Trust Bureau.
(f) Court involvement.
(1) The trustee may for any reason elect to petition
the court to order the distribution, including, without
limitation, the reason that the trustee's exercise of the
power to distribute under this Section is unavailable, such

HB4049 Enrolled - 1956 - LRB099 03667 KTG 23678 b
as:
(a) a beneficiary timely objects to the
distribution in a writing delivered to the trustee
within the time period specified in the notice; or
(b) there are no legally competent current
beneficiaries or legally competent presumptive
remainder beneficiaries.
(2) If the trustee receives a written objection within
the notice period, either the trustee or the beneficiary
may petition the court to approve, modify, or deny the
exercise of the trustee's powers. The trustee has the
burden of proving the proposed exercise of the power
furthers the purposes of the trust.
(3) In a judicial proceeding under this subsection (f),
the trustee may, but need not, present the trustee's
opinions and reasons for supporting or opposing the
proposed distribution, including whether the trustee
believes it would enable the trustee to better carry out
the purposes of the trust. A trustee's actions in
accordance with this Section shall not be deemed improper
or inconsistent with the trustee's duty of impartiality
unless the court finds from all the evidence that the
trustee acted in bad faith.
(g) Term of the second trust. The second trust to which an
authorized trustee distributes the assets of the first trust
may have a term that is longer than the term set forth in the

HB4049 Enrolled - 1957 - LRB099 03667 KTG 23678 b
first trust, including, but not limited to, a term measured by
the lifetime of a current beneficiary; provided, however, that
the second trust shall be limited to the same permissible
period of the rule against perpetuities that applied to the
first trust, unless the first trust expressly permits the
trustee to extend or lengthen its perpetuities period.
(h) Divided discretion. If an authorized trustee has
absolute discretion to distribute the principal of a trust and
the same trustee or another trustee has the power to distribute
principal under the trust instrument which power is not
absolute discretion, such authorized trustee having absolute
discretion may exercise the power to distribute under
subsection (c).
(i) Later discovered assets. To the extent the authorized
trustee does not provide otherwise:
(1) The distribution of all of the assets comprising
the principal of the first trust in favor of a second trust
shall be deemed to include subsequently discovered assets
otherwise belonging to the first trust and undistributed
principal paid to or acquired by the first trust subsequent
to the distribution in favor of the second trust.
(2) The distribution of part but not all of the assets
comprising the principal of the first trust in favor of a
second trust shall not include subsequently discovered
assets belonging to the first trust and principal paid to
or acquired by the first trust subsequent to the

HB4049 Enrolled - 1958 - LRB099 03667 KTG 23678 b
distribution in favor of a second trust; such assets shall
remain the assets of the first trust.
(j) Other authority to distribute in further trust. This
Section shall not be construed to abridge the right of any
trustee to distribute property in further trust that arises
under the terms of the governing instrument of a trust, any
provision of applicable law, or a court order. In addition,
distribution of trust principal to a second trust may be made
by agreement between a trustee and all primary beneficiaries of
a first trust, acting either individually or by their
respective representatives in accordance with Section 16.1 of
this Act.
(k) Need to distribute not required. An authorized trustee
may exercise the power to distribute in favor of a second trust
under subsections (c) and (d) whether or not there is a current
need to distribute principal under the terms of the first
trust.
(l) No duty to distribute. Nothing in this Section is
intended to create or imply a duty to exercise a power to
distribute principal, and no inference of impropriety shall be
made as a result of an authorized trustee not exercising the
power conferred under subsection (c) or (d). Notwithstanding
any other provision of this Section, a trustee has no duty to
inform beneficiaries about the availability of this Section and
no duty to review the trust to determine whether any action
should be taken under this Section.

HB4049 Enrolled - 1959 - LRB099 03667 KTG 23678 b
(m) Express prohibition. A power authorized by subsection
(c) or (d) may not be exercised if expressly prohibited by the
terms of the governing instrument, but a general prohibition of
the amendment or revocation of the first trust or a provision
that constitutes a spendthrift clause shall not preclude the
exercise of a power under subsection (c) or (d).
(n) Restrictions. An authorized trustee may not exercise a
power authorized by subsection (c) or (d) to affect any of the
following:
(1) to reduce, limit or modify any beneficiary's
current right to a mandatory distribution of income or
principal, a mandatory annuity or unitrust interest, a
right to withdraw a percentage of the value of the trust or
a right to withdraw a specified dollar amount provided that
such mandatory right has come into effect with respect to
the beneficiary, except with respect to a second trust
which is a supplemental needs trust;
(2) to decrease or indemnify against a trustee's
liability or exonerate a trustee from liability for failure
to exercise reasonable care, diligence, and prudence;
except to indemnify or exonerate one party from liability
for actions of another party with respect to distribution
that unbundles the governance structure of a trust to
divide and separate fiduciary and nonfiduciary
responsibilities among several parties, including without
limitation one or more trustees, distribution advisors,

HB4049 Enrolled - 1960 - LRB099 03667 KTG 23678 b
investment advisors, trust protectors, or other parties,
provided however that such modified governance structure
may reallocate fiduciary responsibilities from one party
to another but may not reduce them;
(3) to eliminate a provision granting another person
the right to remove or replace the authorized trustee
exercising the power under subsection (c) or (d); provided,
however, such person's right to remove or replace the
authorized trustee may be eliminated if a separate
independent, non-subservient individual or entity, such as
a trust protector, acting in a nonfiduciary capacity has
the right to remove or replace the authorized trustee;
(4) to reduce, limit or modify the perpetuities
provision specified in the first trust in the second trust,
unless the first trust expressly permits the trustee to do
so.
(o) Exception. Notwithstanding the provisions of paragraph
(1) of subsection (n) but subject to the other limitations in
this Section, an authorized trustee may exercise a power
authorized by subsection (c) or (d) to distribute to a second
trust; provided, however, that the exercise of such power does
not subject the second trust to claims of reimbursement by any
private or governmental body and does not at any time interfere
with, reduce the amount of, or jeopardize an individual's
entitlement to government benefits.
(p) Tax limitations. If any contribution to the first trust

HB4049 Enrolled - 1961 - LRB099 03667 KTG 23678 b
qualified for the annual exclusion under Section 2503(b) of the
Code, the marital deduction under Section 2056(a) or 2523(a) of
the Code, or the charitable deduction under Section 170(a),
642(c), 2055(a) or 2522(a) of the Code, is a direct skip
qualifying for treatment under Section 2642(c) of the Code, or
qualified for any other specific tax benefit that would be lost
by the existence of the authorized trustee's authority under
subsection (c) or (d) for income, gift, estate, or
generation-skipping transfer tax purposes under the Code, then
the authorized trustee shall not have the power to distribute
the principal of a trust pursuant to subsection (c) or (d) in a
manner that would prevent the contribution to the first trust
from qualifying for or would reduce the exclusion, deduction,
or other tax benefit that was originally claimed with respect
to that contribution.
(1) Notwithstanding the provisions of this subsection
(p), the authorized trustee may exercise the power to pay
the first trust to a trust as to which the settlor of the
first trust is not considered the owner under Subpart E of
Part I of Subchapter J of Chapter 1 of Subtitle A of the
Code even if the settlor is considered such owner of the
first trust. Nothing in this Section shall be construed as
preventing the authorized trustee from distributing part
or all of the first trust to a second trust that is a trust
as to which the settlor of the first trust is considered
the owner under Subpart E of Part I of Subchapter J of

HB4049 Enrolled - 1962 - LRB099 03667 KTG 23678 b
Chapter 1 of Subtitle A of the Code.
(2) During any period when the first trust owns
subchapter S corporation stock, an authorized trustee may
not exercise a power authorized by paragraph (c) or (d) to
distribute part or all of the S corporation stock to a
second trust that is not a permitted shareholder under
Section 1361(c)(2) of the Code.
(3) During any period when the first trust owns an
interest in property subject to the minimum distribution
rules of Section 401(a)(9) of the Code, an authorized
trustee may not exercise a power authorized by subsection
(c) or (d) to distribute part or all of the interest in
such property to a second trust that would result in the
shortening of the minimum distribution period to which the
property is subject in the first trust.
(q) Limits on compensation of trustee.
(1) Unless the court upon application of the trustee
directs otherwise, an authorized trustee may not exercise a
power authorized by subsection (c) or (d) solely to change
the provisions regarding the determination of the
compensation of any trustee; provided, however, an
authorized trustee may exercise the power authorized in
subsection (c) or (d) in conjunction with other valid and
reasonable purposes to bring the trustee's compensation
into accord with reasonable limits in accord with Illinois
law in effect at the time of the exercise.

HB4049 Enrolled - 1963 - LRB099 03667 KTG 23678 b
(2) The compensation payable to the trustee or trustees
of the first trust may continue to be paid to the trustees
of the second trust during the terms of the second trust
and may be determined in the same manner as otherwise would
have applied in the first trust; provided, however, that no
trustee shall receive any commission or other compensation
imposed upon assets distributed due to the distribution of
property from the first trust to a second trust pursuant to
subsection (c) or (d).
(r) Written instrument. The exercise of a power to
distribute principal under subsection (c) or (d) must be made
by an instrument in writing, signed and acknowledged by the
trustee, and filed with the records of the first trust and the
second trust.
(s) Terms of second trust. Any reference to the governing
instrument or terms of the governing instrument in this Act
includes the terms of a second trust established in accordance
with this Section.
(t) Settlor. The settlor of a first trust is considered for
all purposes to be the settlor of any second trust established
in accordance with this Section. If the settlor of a first
trust is not also the settlor of a second trust, then the
settlor of the first trust shall be considered the settlor of
the second trust, but only with respect to the portion of
second trust distributed from the first trust in accordance
with this Section.

HB4049 Enrolled - 1964 - LRB099 03667 KTG 23678 b
(u) Remedies. A trustee who reasonably and in good faith
takes or omits to take any action under this Section is not
liable to any person interested in the trust. An act or
omission by a trustee under this Section is presumed taken or
omitted reasonably and in good faith unless it is determined by
the court to have been an abuse of discretion. If a trustee
reasonably and in good faith takes or omits to take any action
under this Section and a person interested in the trust opposes
the act or omission, the person's exclusive remedy is to obtain
an order of the court directing the trustee to exercise
authority in accordance with this Section in such manner as the
court determines necessary or helpful for the proper
functioning of the trust, including without limitation
prospectively to modify or reverse a prior exercise of such
authority. Any claim by any person interested in the trust that
an act or omission by a trustee under this Section was an abuse
of discretion is barred if not asserted in a proceeding
commenced by or on behalf of the person within 2 years after
the trustee has sent to the person or the person's personal
representative a notice or report in writing sufficiently
disclosing facts fundamental to the claim such that the person
knew or reasonably should have known of the claim. Except for a
distribution of trust principal from a first trust to a second
trust made by agreement in accordance with Section 16.1 of this
Act, the preceding sentence shall not apply to a person who was
under a legal disability at the time the notice or report was

HB4049 Enrolled - 1965 - LRB099 03667 KTG 23678 b
sent and who then had no personal representative. For purposes
of this subsection (u), a personal representative refers to a
court appointed guardian or conservator of the estate of a
person.
(v) Application. This Section is available to trusts in
existence on the effective date of this amendatory Act of the
97th General Assembly or created on or after the effective date
of this amendatory Act of the 97th General Assembly. This
Section shall be construed as pertaining to the administration
of a trust and shall be available to any trust that is
administered in Illinois under Illinois law or that is governed
by Illinois law with respect to the meaning and effect of its
terms, including a trust whose governing law has been changed
to the laws of this State, unless the governing instrument
expressly prohibits use of this Section by specific reference
to this Section. A provision in the governing instrument in the
form: "Neither the provisions of Section 16.4 of the Trusts and
Trustees Act nor any corresponding provision of future law may
be used in the administration of this trust" or a similar
provision demonstrating that intent is sufficient to preclude
the use of this Section.
(Source: P.A. 97-920, eff. 1-1-13.)
Section 975. The Illinois Uniform Transfers to Minors Act
is amended by changing Section 19 as follows:

HB4049 Enrolled - 1966 - LRB099 03667 KTG 23678 b
(760 ILCS 20/19) (from Ch. 110 1/2, par. 269)
Sec. 19. Renunciation, Resignation, Death, or Removal of
Custodian; Designation of Successor Custodian. (a) A person
nominated under Section 4 or designated under Section 6 or
Section 10 as custodian may decline to serve by delivering a
valid disclaimer to the person who made the nomination or
designation or to the transferor or the transferor's
representative. If the event giving rise to a transfer has not
occurred and no substitute custodian able, willing, and
eligible to serve was nominated under Section 4, the person who
made the nomination or designation may nominate a substitute
custodian; otherwise the transferor or the transferor's
representative shall designate a substitute custodian at the
time of the transfer in either case from among the persons
eligible to serve as custodian for that kind of property under
Section 10(a). The custodian so designated has the rights of a
successor custodian.
(b) At any time or times a transferor or his representative
may designate an adult or a trust company as successor
custodian, single or successive, by executing and dating an
instrument of designation and delivering it to the custodian or
if he is deceased or is a person with a disability disabled to
his representative. A custodian at any time when a vacancy
would otherwise occur may designate a trust company or an adult
as successor custodian by executing and dating an instrument of
designation. If an instrument of designation does not contain

HB4049 Enrolled - 1967 - LRB099 03667 KTG 23678 b
or is not accompanied by the resignation of the custodian, the
designation of the successor does not take effect until the
custodian resigns, dies, becomes a person with a disability
disabled, or is removed. If a transferor or a custodian has
executed more than one instrument of designation, the
instrument dated on the earlier date shall be treated as
revoked by the instrument dated on the later date; however, a
designation by a transferor or his representative shall not be
revoked by a custodian. A successor custodian has all the
powers, duties and immunities of a custodian designated in a
manner prescribed by this Act.
(c) A custodian may resign at any time by delivering
written notice to the minor if the minor has attained the age
of 14 years and to the successor custodian and by delivering
the custodial property to the successor custodian.
(d) If a custodian is ineligible, dies, or becomes a person
with a disability disabled and no successor has been
effectively designated and the minor has attained the age of 14
years, the minor may designate as successor custodian, in the
manner prescribed in subsection (b), an adult member of the
minor's family, a guardian of the minor, or a trust company. If
the minor has not attained the age of 14 years or fails to act
within 60 days after the ineligibility, death, or incapacity,
the guardian of the minor becomes successor custodian. If the
minor has no guardian or the guardian declines to act, the
transferor, the representative of the transferor or of the

HB4049 Enrolled - 1968 - LRB099 03667 KTG 23678 b
custodian, an adult member of the minor's family, or any other
interested person may petition the court to designate a
successor custodian.
(e) A custodian who declines to serve under subsection (a)
or resigns under subsection (c), or the representative of a
deceased custodian or a custodian with a disability or disabled
custodian, as soon as practicable, shall put the custodial
property and records in the possession and control of the
successor custodian. The successor custodian by action may
enforce the obligations to deliver custodial property and
records and becomes responsible for each item as received.
(f) A transferor, the representative of a transferor, an
adult member of the minor's family, a guardian of the person of
the minor, the guardian of the minor, or the minor if the minor
has attained the age of 14 years may petition the court to
remove the custodian for cause and to designate a successor
custodian not inconsistent with an effective designation or to
require the custodian to give appropriate bond.
(Source: P.A. 84-1129.)
Section 980. The Charitable Trust Act is amended by
changing Section 7.5 as follows:
(760 ILCS 55/7.5)
Sec. 7.5. Charitable trust for the benefit of a minor or
person with a disability disabled person; report.

HB4049 Enrolled - 1969 - LRB099 03667 KTG 23678 b
(a) In the case of a charitable trust established for the
benefit of a minor or person with a disability disabled person,
the person or trustee responsible for the trust, if not the
guardian or parent, shall report its existence by certified or
registered United States mail to the parent or guardian of the
minor or person with a disability disabled person within 30
days after formation of the trust and every 6 months
thereafter. The written report shall include the name and
address of the trustee or trustees responsible for the trust,
the name and address of the financial institution at which
funds for the trust are held, the amount of funds raised for
the trust, and an itemized list of expenses for administration
of the trust.
The guardian of the estate of the minor or person with a
disability disabled person shall report the existence of the
trust as part of the ward's estate to the court that appointed
the guardian as part of its responsibility to manage the ward's
estate as established under Section 11-13 of the Probate Act of
1975. Compliance with this Section in no way affects other
requirements for trustee registration and reporting under this
Act or any accountings or authorizations required by the court
handling the ward's estate.
(b) If a person or trustee fails to report the existence of
the trust to the minor's or disabled person's parent or
guardian or to the parent or guardian of the person with a
disability as required in this Section, the person or trustee

HB4049 Enrolled - 1970 - LRB099 03667 KTG 23678 b
is subject to injunction, to removal, to account, and to other
appropriate relief before a court of competent jurisdiction
exercising chancery jurisdiction.
(c) For the purpose of this Section, a charitable trust for
the benefit of a minor or person with a disability disabled
person is a trust, including a special needs trust, that
receives funds solicited from the public under representations
that such will (i) benefit a needy minor or person with a
disability disabled person, (ii) pay the medical or living
expenses of the minor or person with a disability disabled
person, or (iii) be used to assist in family expenses of the
minor or person with a disability disabled person.
(d) Each and every trustee of a charitable trust for the
benefit of a minor or person with a disability disabled person
must register under this Act and in addition must file an
annual report as required by Section 7 of this Act.
(Source: P.A. 91-620, eff. 8-19-99.)
Section 985. The Real Estate Timeshare Act of 1999 is
amended by changing Section 1-25 as follows:
(765 ILCS 101/1-25)
Sec. 1-25. Local powers; construction.
(a) Except as specifically provided in this Section, the
regulation of timeshare plans and exchange programs is an
exclusive power and function of the State. A unit of local

HB4049 Enrolled - 1971 - LRB099 03667 KTG 23678 b
government, including a home rule unit, may not regulate
timeshare plans and exchange programs. This subsection is a
denial and limitation of home rule powers and functions under
subsection (h) of Section 6 of Article VII of the Illinois
Constitution.
(b) Notwithstanding subsection (a), no provision of this
Act invalidates or modifies any provision of any zoning,
subdivision, or building code or other real estate use law,
ordinance, or regulation.
Further, nothing in this Act shall be construed to affect
or impair the validity of Section 11-11.1-1 of the Illinois
Municipal Code or to deny to the corporate authorities of any
municipality the powers granted in that Code to enact
ordinances (i) prescribing fair housing practices, (ii)
defining unfair housing practices, (iii) establishing fair
housing or human relations commissions and standards for the
operation of such commissions in the administration and
enforcement of such ordinances, (iv) prohibiting
discrimination based on age, ancestry, color, creed, mental or
physical disability handicap, national origin, race, religion,
or sex in the listing, sale, assignment, exchange, transfer,
lease, rental, or financing of real property for the purpose of
the residential occupancy thereof, and (v) prescribing
penalties for violations of such ordinances.
(Source: P.A. 91-585, eff. 1-1-00.)

HB4049 Enrolled - 1972 - LRB099 03667 KTG 23678 b
Section 990. The Condominium Property Act is amended by
changing Section 18.4 as follows:
(765 ILCS 605/18.4) (from Ch. 30, par. 318.4)
Sec. 18.4. Powers and duties of board of managers. The
board of managers shall exercise for the association all
powers, duties and authority vested in the association by law
or the condominium instruments except for such powers, duties
and authority reserved by law to the members of the
association. The powers and duties of the board of managers
shall include, but shall not be limited to, the following:
(a) To provide for the operation, care, upkeep,
maintenance, replacement and improvement of the common
elements. Nothing in this subsection (a) shall be deemed to
invalidate any provision in a condominium instrument
placing limits on expenditures for the common elements,
provided, that such limits shall not be applicable to
expenditures for repair, replacement, or restoration of
existing portions of the common elements. The term "repair,
replacement or restoration" means expenditures to
deteriorated or damaged portions of the property related to
the existing decorating, facilities, or structural or
mechanical components, interior or exterior surfaces, or
energy systems and equipment with the functional
equivalent of the original portions of such areas.
Replacement of the common elements may result in an

HB4049 Enrolled - 1973 - LRB099 03667 KTG 23678 b
improvement over the original quality of such elements or
facilities; provided that, unless the improvement is
mandated by law or is an emergency as defined in item (iv)
of subparagraph (8) of paragraph (a) of Section 18, if the
improvement results in a proposed expenditure exceeding 5%
of the annual budget, the board of managers, upon written
petition by unit owners with 20% of the votes of the
association delivered to the board within 14 days of the
board action to approve the expenditure, shall call a
meeting of the unit owners within 30 days of the date of
delivery of the petition to consider the expenditure.
Unless a majority of the total votes of the unit owners are
cast at the meeting to reject the expenditure, it is
ratified.
(b) To prepare, adopt and distribute the annual budget
for the property.
(c) To levy and expend assessments.
(d) To collect assessments from unit owners.
(e) To provide for the employment and dismissal of the
personnel necessary or advisable for the maintenance and
operation of the common elements.
(f) To obtain adequate and appropriate kinds of
insurance.
(g) To own, convey, encumber, lease, and otherwise deal
with units conveyed to or purchased by it.
(h) To adopt and amend rules and regulations covering

HB4049 Enrolled - 1974 - LRB099 03667 KTG 23678 b
the details of the operation and use of the property, after
a meeting of the unit owners called for the specific
purpose of discussing the proposed rules and regulations.
Notice of the meeting shall contain the full text of the
proposed rules and regulations, and the meeting shall
conform to the requirements of Section 18(b) of this Act,
except that no quorum is required at the meeting of the
unit owners unless the declaration, bylaws or other
condominium instrument expressly provides to the contrary.
However, no rule or regulation may impair any rights
guaranteed by the First Amendment to the Constitution of
the United States or Section 4 of Article I of the Illinois
Constitution including, but not limited to, the free
exercise of religion, nor may any rules or regulations
conflict with the provisions of this Act or the condominium
instruments. No rule or regulation shall prohibit any
reasonable accommodation for religious practices,
including the attachment of religiously mandated objects
to the front-door area of a condominium unit.
(i) To keep detailed, accurate records of the receipts
and expenditures affecting the use and operation of the
property.
(j) To have access to each unit from time to time as
may be necessary for the maintenance, repair or replacement
of any common elements or for making emergency repairs
necessary to prevent damage to the common elements or to

HB4049 Enrolled - 1975 - LRB099 03667 KTG 23678 b
other units.
(k) To pay real property taxes, special assessments,
and any other special taxes or charges of the State of
Illinois or of any political subdivision thereof, or other
lawful taxing or assessing body, which are authorized by
law to be assessed and levied upon the real property of the
condominium.
(l) To impose charges for late payment of a unit
owner's proportionate share of the common expenses, or any
other expenses lawfully agreed upon, and after notice and
an opportunity to be heard, to levy reasonable fines for
violation of the declaration, by-laws, and rules and
regulations of the association.
(m) Unless the condominium instruments expressly
provide to the contrary, by a majority vote of the entire
board of managers, to assign the right of the association
to future income from common expenses or other sources, and
to mortgage or pledge substantially all of the remaining
assets of the association.
(n) To record the dedication of a portion of the common
elements to a public body for use as, or in connection
with, a street or utility where authorized by the unit
owners under the provisions of Section 14.2.
(o) To record the granting of an easement for the
laying of cable television or high speed Internet cable
where authorized by the unit owners under the provisions of

HB4049 Enrolled - 1976 - LRB099 03667 KTG 23678 b
Section 14.3; to obtain, if available and determined by the
board to be in the best interests of the association, cable
television or bulk high speed Internet service for all of
the units of the condominium on a bulk identical service
and equal cost per unit basis; and to assess and recover
the expense as a common expense and, if so determined by
the board, to assess each and every unit on the same equal
cost per unit basis.
(p) To seek relief on behalf of all unit owners when
authorized pursuant to subsection (c) of Section 10 from or
in connection with the assessment or levying of real
property taxes, special assessments, and any other special
taxes or charges of the State of Illinois or of any
political subdivision thereof or of any lawful taxing or
assessing body.
(q) To reasonably accommodate the needs of a unit owner
who is a person with a disability handicapped unit owner as
required by the federal Civil Rights Act of 1968, the Human
Rights Act and any applicable local ordinances in the
exercise of its powers with respect to the use of common
elements or approval of modifications in an individual
unit.
(r) To accept service of a notice of claim for purposes
of the Mechanics Lien Act on behalf of each respective
member of the Unit Owners' Association with respect to
improvements performed pursuant to any contract entered

HB4049 Enrolled - 1977 - LRB099 03667 KTG 23678 b
into by the Board of Managers or any contract entered into
prior to the recording of the condominium declaration
pursuant to this Act, for a property containing more than 8
units, and to distribute the notice to the unit owners
within 7 days of the acceptance of the service by the Board
of Managers. The service shall be effective as if each
individual unit owner had been served individually with
notice.
(s) To adopt and amend rules and regulations (l)
authorizing electronic delivery of notices and other
communications required or contemplated by this Act to each
unit owner who provides the association with written
authorization for electronic delivery and an electronic
address to which such communications are to be
electronically transmitted; and (2) authorizing each unit
owner to designate an electronic address or a U.S. Postal
Service address, or both, as the unit owner's address on
any list of members or unit owners which an association is
required to provide upon request pursuant to any provision
of this Act or any condominium instrument.
In the performance of their duties, the officers and
members of the board, whether appointed by the developer or
elected by the unit owners, shall exercise the care required of
a fiduciary of the unit owners.
The collection of assessments from unit owners by an
association, board of managers or their duly authorized agents

HB4049 Enrolled - 1978 - LRB099 03667 KTG 23678 b
shall not be considered acts constituting a collection agency
for purposes of the Collection Agency Act.
The provisions of this Section are applicable to all
condominium instruments recorded under this Act. Any portion of
a condominium instrument which contains provisions contrary to
these provisions shall be void as against public policy and
ineffective. Any such instrument that fails to contain the
provisions required by this Section shall be deemed to
incorporate such provisions by operation of law.
(Source: P.A. 97-751, eff. 1-1-13; 98-735, eff. 1-1-15.)
Section 995. The Notice of Prepayment of Federally
Subsidized Mortgage Act is amended by changing Section 4 as
follows:
(765 ILCS 925/4) (from Ch. 67 1/2, par. 904)
Sec. 4. (a) An owner of subsidized housing shall provide to
the clerk of the unit of local government and to IHDA notice of
the earliest date upon which he may exercise prepayment of
mortgage. Such notice shall be delivered at least 12 months
prior to the date upon which the owner may prepay the mortgage.
The notice shall include the following information:
(1) the name and address of the owner or managing agent of
the building;
(2) the earliest date of allowed prepayment;
(3) the number of subsidized housing units in the building

HB4049 Enrolled - 1979 - LRB099 03667 KTG 23678 b
subject to prepayment, and the number of subsidized housing
units occupied by persons age 62 or older, or by persons with
disabilities disabled persons, and households with children;
(4) the rental payment paid by each household occupying a
subsidized housing unit, not including any federal subsidy
received by the owner for such subsidized housing unit; and
(5) the rent schedule for the subsidized housing units as
approved by HUD or FmHA.
Such notice shall be available to the public upon request.
(b) Twelve months prior to the date upon which an owner may
exercise prepayment of mortgage, the owner shall:
(1) post a copy of such notice in a prominent location in
the affected building and leave the notice posted during the
entire notice period, and
(2) deliver, personally or by certified mail, copies of the
notice to all tenants residing in the building.
The owner shall provide a copy of the notice to all
prospective tenants. Such notices shall be on forms prescribed
by IHDA.
(Source: P.A. 85-1438.)
Section 1000. The Illinois Human Rights Act is amended by
changing Section 3-104.1 as follows:
(775 ILCS 5/3-104.1) (from Ch. 68, par. 3-104.1)
Sec. 3-104.1. Refusal to sell or rent because a person has

HB4049 Enrolled - 1980 - LRB099 03667 KTG 23678 b
a guide, hearing or support dog. It is a civil rights violation
for the owner or agent of any housing accommodation to:
(A) refuse to sell or rent after the making of a bonafide
offer, or to refuse to negotiate for the sale or rental of, or
otherwise make unavailable or deny property to any blind or ,
hearing impaired person or person with a physical disability or
physically disabled person because he has a guide, hearing or
support dog; or
(B) discriminate against any blind or , hearing impaired
person or person with a physical disability or physically
disabled person in the terms, conditions, or privileges of sale
or rental property, or in the provision of services or
facilities in connection therewith, because he has a guide,
hearing or support dog; or
(C) require, because a blind or , hearing impaired person
or person with a physical disability or physically disabled
person has a guide, hearing or support dog, an extra charge in
a lease, rental agreement, or contract of purchase or sale,
other than for actual damage done to the premises by the dog.
(Source: P.A. 95-668, eff. 10-10-07.)
Section 1005. The Public Works Employment Discrimination
Act is amended by changing Sections 4 and 8 as follows:
(775 ILCS 10/4) (from Ch. 29, par. 20)
Sec. 4. No contractor, subcontractor, nor any person on his

HB4049 Enrolled - 1981 - LRB099 03667 KTG 23678 b
or her behalf shall, in any manner, discriminate against or
intimidate any employee hired for the performance of work for
the benefit of the State or for any department, bureau,
commission, board, other political subdivision or agency,
officer or agent thereof, on account of race, color, creed,
sex, religion, physical or mental disability handicap
unrelated to ability, or national origin; and there may be
deducted from the amount payable to the contractor by the State
of Illinois or by any municipal corporation thereof, under this
contract, a penalty of five dollars for each person for each
calendar day during which such person was discriminated against
or intimidated in violation of the provisions of this Act.
(Source: P.A. 80-336.)
(775 ILCS 10/8) (from Ch. 29, par. 24)
Sec. 8. The invalidity or unconstitutionality of any one or
more provisions, parts, or sections of this Act shall not be
held or construed to invalidate the whole or any other
provision, part, or section thereof, it being intended that
this Act shall be sustained and enforced to the fullest extent
possible and that it shall be construed as liberally as
possible to prevent refusals, denials, and discriminations of
and with reference to the award of contracts and employment
thereunder, on the ground of race, color, creed, sex, religion,
physical or mental disability handicap unrelated to ability, or
national origin.

HB4049 Enrolled - 1982 - LRB099 03667 KTG 23678 b
(Source: P.A. 80-336.)
Section 1010. The Defense Contract Employment
Discrimination Act is amended by changing Sections 1, 3, and 7
as follows:
(775 ILCS 20/1) (from Ch. 29, par. 24a)
Sec. 1. In the construction of this act the public policy
of the state of Illinois is hereby declared as follows: To
facilitate the rearmament and defense program of the Federal
government by the integration into the war defense industries
of the state of Illinois all available types of labor, skilled,
semi-skilled and common shall participate without
discrimination as to race, color, creed, sex, religion,
physical or mental disability handicap unrelated to ability, or
national origin whatsoever.
(Source: P.A. 80-337.)
(775 ILCS 20/3) (from Ch. 29, par. 24c)
Sec. 3. It shall be unlawful for any war defense
contractor, its officers or agents or employees to discriminate
against any citizen of the state of Illinois because of race,
color, creed, sex, religion, physical or mental disability
handicap unrelated to ability, or national origin in the hiring
of employees and training for skilled or semi-skilled
employment, and every such discrimination shall be deemed a

HB4049 Enrolled - 1983 - LRB099 03667 KTG 23678 b
violation of this act.
(Source: P.A. 80-337.)
(775 ILCS 20/7) (from Ch. 29, par. 24g)
Sec. 7. Whereas, each day a national defense emergency
exists, persons of health, ability and skill are hourly being
deprived of training and employment solely because of
discrimination of color, race, creed, sex, religion, physical
or mental disability handicap unrelated to ability, or national
origin. The penalty set out in paragraph 6 shall be a separate
offense for each day and the offender shall be fined for each
day's violation separately.
(Source: P.A. 80-337.)
Section 1015. The White Cane Law is amended by changing the
title of the Act and Sections 2, 3, 4, 5, and 6 as follows:
(775 ILCS 30/Act title)
An Act in relation to the rights of persons who are blind
or who have other disabilities otherwise physically disabled.
(775 ILCS 30/2) (from Ch. 23, par. 3362)
Sec. 2. It is the policy of this State to encourage and
enable persons who are blind, persons who have a visual
disability, and persons who have other physical disabilities
the blind, the visually handicapped and the otherwise

HB4049 Enrolled - 1984 - LRB099 03667 KTG 23678 b
physically disabled to participate fully in the social and
economic life of the State and to engage in remunerative
employment.
(Source: P.A. 76-663.)
(775 ILCS 30/3) (from Ch. 23, par. 3363)
Sec. 3. The blind, persons who have a visual disability the
visually handicapped, the hearing impaired, persons who are
subject to epilepsy or other seizure disorders, and persons who
have other physical disabilities the otherwise physically
disabled have the same right as the able-bodied to the full and
free use of the streets, highways, sidewalks, walkways, public
buildings, public facilities and other public places.
The blind, persons who have a visual disability the
visually handicapped, the hearing impaired, persons who are
subject to epilepsy or other seizure disorders, and persons who
have other physical disabilities the otherwise physically
disabled are entitled to full and equal accommodations,
advantages, facilities and privileges of all common carriers,
airplanes, motor vehicles, railroad trains, motor buses,
street cars, boats or any other public conveyances or modes of
transportation, hotels, lodging places, places of public
accommodation, amusement or resort and other places to which
the general public is invited, subject only to the conditions
and limitations established by law and applicable alike to all
persons.

HB4049 Enrolled - 1985 - LRB099 03667 KTG 23678 b
Every totally or partially blind or , hearing impaired
person, person who is subject to epilepsy or other seizure
disorders, or person who has any other physical disability
otherwise physically disabled person or a trainer of support
dogs, guide dogs, seizure-alert dogs, seizure-response dogs,
or hearing dogs shall have the right to be accompanied by a
support dog or guide dog especially trained for the purpose, or
a dog that is being trained to be a support dog, guide dog,
seizure-alert dog, seizure-response dog, or hearing dog, in any
of the places listed in this Section without being required to
pay an extra charge for the guide, support, seizure-alert,
seizure-response, or hearing dog; provided that he shall be
liable for any damage done to the premises or facilities by
such dog.
(Source: P.A. 92-187, eff. 1-1-02; 93-532, eff. 1-1-04.)
(775 ILCS 30/4) (from Ch. 23, par. 3364)
Sec. 4. Any person or persons, firm or corporation, or the
agent of any person or persons, firm or corporation who denies
or interferes with admittance to or enjoyment of the public
facilities enumerated in Section 3 of this Act or otherwise
interferes with the rights of a totally or partially blind
person or a person who has any other disability or otherwise
disabled person under Section 3 of this Act shall be guilty of
a Class A misdemeanor.
(Source: P.A. 77-2830.)

HB4049 Enrolled - 1986 - LRB099 03667 KTG 23678 b
(775 ILCS 30/5) (from Ch. 23, par. 3365)
Sec. 5. It is the policy of this State that persons who are
blind, persons who have a visual disability, and persons with
other physical disabilities the blind, the visually
handicapped and the otherwise physically disabled shall be
employed in the State Service, the service of the political
subdivisions of the State, in the public schools and in all
other employment supported in whole or in part by public funds
on the same terms and conditions as the able-bodied, unless it
is shown that the particular disability prevents the
performance of the work involved.
(Source: P.A. 76-663.)
(775 ILCS 30/6) (from Ch. 23, par. 3366)
Sec. 6. Each year, the Governor is authorized and requested
to designate and take suitable public notice of White Cane
Safety Day and to issue a proclamation in which:
(a) he comments upon the significance of the white cane;
(b) he calls upon the citizens of the State to observe the
provisions of the White Cane Law and to take precautions
necessary to the safety of persons with disabilities the
disabled;
(c) he reminds the citizens of the State of the policies
with respect to the disabled herein declared and urges the
citizens to cooperate in giving effect to them;

HB4049 Enrolled - 1987 - LRB099 03667 KTG 23678 b
(d) he emphasizes the need of the citizens to be aware of
the presence of disabled persons in the community and to keep
safe and functional for the disabled the streets, highways,
sidewalks, walkways, public buildings, public facilities,
other public places, places of public accommodation, amusement
and resort, and other places to which the public is invited,
and to offer assistance to disabled persons upon appropriate
occasions.
(Source: P.A. 76-663.)
Section 1020. The Disposition of Remains Act is amended by
changing Section 10 as follows:
(755 ILCS 65/10)
Sec. 10. Form. The written instrument authorizing the
disposition of remains under paragraph (1) of Section 5 of this
Act shall be in substantially the following form:
"APPOINTMENT OF AGENT TO CONTROL DISPOSITION OF REMAINS
I, ................................, being of sound
mind, willfully and voluntarily make known my desire that,
upon my death, the disposition of my remains shall be
controlled by ................... (name of agent first
named below) and, with respect to that subject only, I
hereby appoint such person as my agent (attorney-in-fact).

HB4049 Enrolled - 1988 - LRB099 03667 KTG 23678 b
All decisions made by my agent with respect to the
disposition of my remains, including cremation, shall be
binding.
SPECIAL DIRECTIONS:
Set forth below are any special directions limiting
the power granted to my agent:
..............................
..............................
..............................
If the disposition of my remains is by cremation, then:
( ) I do not wish to allow any of my survivors the option of
canceling my cremation and selecting alternative arrangements,
regardless of whether my survivors deem a change to be
appropriate.
( ) I wish to allow only the survivors I have designated below
the option of canceling my cremation and selecting alternative
arrangements, if they deem a change to be appropriate:
......................................................
......................................................
......................................................
ASSUMPTION:

HB4049 Enrolled - 1989 - LRB099 03667 KTG 23678 b
THE AGENT, AND EACH SUCCESSOR AGENT, BY ACCEPTING THIS
APPOINTMENT, AGREES TO AND ASSUMES THE OBLIGATIONS
PROVIDED HEREIN. AN AGENT MAY SIGN AT ANY TIME, BUT AN
AGENT'S AUTHORITY TO ACT IS NOT EFFECTIVE UNTIL THE AGENT
SIGNS BELOW TO INDICATE THE ACCEPTANCE OF APPOINTMENT. ANY
NUMBER OF AGENTS MAY SIGN, BUT ONLY THE SIGNATURE OF THE
AGENT ACTING AT ANY TIME IS REQUIRED.
AGENT:
Name: ......................................
Address: ...................................
Telephone Number: ..........................
Signature Indicating Acceptance of Appointment: .........
Date of Signature: .........................
SUCCESSORS:
If my agent dies, is determined by a court to be under
a legal disability becomes legally disabled, resigns, or
refuses to act, I hereby appoint the following persons
(each to act alone and successively, in the order named) to
serve as my agent (attorney-in-fact) to control the
disposition of my remains as authorized by this document:
1. First Successor

HB4049 Enrolled - 1990 - LRB099 03667 KTG 23678 b
Name: ......................................
Address: ...................................
Telephone Number: ..........................
Signature Indicating Acceptance of Appointment: .........
Date of Signature: ....................
2. Second Successor
Name: ......................................
Address: ...................................
Telephone Number: ..........................
Signature Indicating Acceptance of Appointment: .........
Date of Signature: .............
DURATION:
This appointment becomes effective upon my death.
PRIOR APPOINTMENTS REVOKED:
I hereby revoke any prior appointment of any person to
control the disposition of my remains.
RELIANCE:
I hereby agree that any hospital, cemetery
organization, business operating a crematory or
columbarium or both, funeral director or embalmer, or
funeral establishment who receives a copy of this document

HB4049 Enrolled - 1991 - LRB099 03667 KTG 23678 b
may act under it. Any modification or revocation of this
document is not effective as to any such party until that
party receives actual notice of the modification or
revocation. No such party shall be liable because of
reliance on a copy of this document.
Signed this ...... day of .............., ...........
.........................................
STATE OF ..................
COUNTY OF .................
BEFORE ME, the undersigned, a Notary Public, on this
day personally appeared ...................., proved to me
on the basis of satisfactory evidence to be the person
whose name is subscribed to the foregoing instrument and
acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ..... day
of ................, 2........
..........................................
Printed Name: .............................

HB4049 Enrolled - 1992 - LRB099 03667 KTG 23678 b
Notary Public, State of ...................
My Commission Expires:
....................".
(Source: P.A. 94-561, eff. 1-1-06; 94-1051, eff. 7-24-06.)
Section 1025. The Credit Card Issuance Act is amended by
changing Section 1b as follows:
(815 ILCS 140/1b) (from Ch. 17, par. 6003)
Sec. 1b. All credit card applications shall contain the
following words verbatim:
a. No applicant may be denied a credit card on account of
race, color, religion, national origin, ancestry, age (between
40 and 70), sex, marital status, physical or mental disability
handicap unrelated to the ability to pay or unfavorable
discharge from military service.
b. The applicant may request the reason for rejection of
his or her application for a credit card.
c. No person need reapply for a credit card solely because
of a change in marital status unless the change in marital
status has caused a deterioration in the person's financial
position.
d. A person may hold a credit card in any name permitted by
law that he or she regularly uses and is generally known by, so
long as no fraud is intended thereby.

HB4049 Enrolled - 1993 - LRB099 03667 KTG 23678 b
(Source: P.A. 81-1216.)
Section 1030. The Motor Fuel Sales Act is amended by
changing Section 2 as follows:
(815 ILCS 365/2) (from Ch. 121 1/2, par. 1502)
Sec. 2. Assistance at stations with self-service and
full-service islands.
(a) Any attendant on duty at a gasoline station or service
station offering to the public retail sales of motor fuel at
both self-service and full-service islands shall, upon
request, dispense motor fuel for the driver of a car which is
parked at a self-service island and displays: (1) registration
plates issued to a person with a physical disability physically
disabled person pursuant to Section 3-616 of the Illinois
Vehicle Code; (2) registration plates issued to a veteran with
a disability disabled veteran pursuant to Section 3-609 or
3-609.01 of such Code; or (3) a special decal or device issued
pursuant to Section 11-1301.2 of such Code; and shall only
charge such driver prices as offered to the general public for
motor fuel dispensed at the self-service island. However, such
attendant shall not be required to perform other services which
are offered at the full-service island.
(b) Gasoline stations and service stations in this State
are subject to the federal Americans with Disabilities Act and
must:

HB4049 Enrolled - 1994 - LRB099 03667 KTG 23678 b
(1) provide refueling assistance upon the request of an
individual with a disability (A gasoline station or service
station is not required to provide such service at any time
that it is operating on a remote control basis with a
single employee on duty at the motor fuel site, but is
encouraged to do so, if feasible.);
(2) by January 1, 2014, provide and display at least
one ADA compliant motor fuel dispenser with a direct
telephone number to the station that allows an a disabled
operator of a motor vehicle who has a disability to request
refueling assistance, with the telephone number posted in
close proximity to the International Symbol of
Accessibility required by the federal Americans with
Disabilities Act, however, if the station does not have at
least one ADA compliant motor fuel dispenser, the station
must display on at least one motor fuel dispenser a direct
telephone number to the station that allows an a disabled
operator of a motor vehicle who has a disability to request
refueling assistance; and
(3) provide the refueling assistance without any
charge beyond the self-serve price.
(c) The signage required under paragraph (2) of subsection
(b) shall be designated by the station owner and shall be
posted in a prominently visible place. The sign shall be
clearly visible to customers.
(d) The Secretary of State shall provide to persons with

HB4049 Enrolled - 1995 - LRB099 03667 KTG 23678 b
disabilities information regarding the availability of
refueling assistance under this Section by the following
methods:
(1) by posting information about that availability on
the Secretary of State's Internet website, along with a
link to the Department of Human Services website; and
(2) by publishing a brochure containing information
about that availability, which shall be made available at
all Secretary of State offices throughout the State.
(e) The Department of Human Services shall post on its
Internet website information regarding the availability of
refueling assistance for persons with disabilities and the
addresses and telephone numbers of all gasoline and service
stations in Illinois.
(f) A person commits a Class C misdemeanor if he or she
telephones a gasoline station or service station to request
refueling assistance and he or she:
(1) is not actually physically present at the gasoline
or service station; or
(2) is physically present at the gasoline or service
station but does not actually require refueling
assistance.
(g) The Department of Transportation shall work in
cooperation with appropriate representatives of gasoline and
service station trade associations and the petroleum industry
to increase the signage at gasoline and service stations on

HB4049 Enrolled - 1996 - LRB099 03667 KTG 23678 b
interstate highways in this State with regard to the
availability of refueling assistance for persons with
disabilities.
(h) If an owner of a gas station or service station is
found by the Illinois Department of Agriculture, Bureau of
Weights and Measures, to be in violation of this Act, the owner
shall pay an administrative fine of $250. Any moneys collected
by the Department shall be deposited into the Motor Fuel and
Petroleum Standards Fund. The Department of Agriculture shall
have the same authority and powers as provided for in the Motor
Fuel and Petroleum Standards Act in enforcing this Act.
(Source: P.A. 97-1152, eff. 6-1-13.)
Section 1035. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Sections 2FF and 2MM as
follows:
(815 ILCS 505/2FF)
Sec. 2FF. Electric service fraud; elderly persons or
persons with disabilities disabled persons; additional
penalties. With respect to the advertising, sale, provider
selection, billings, or collections relating to the provision
of electric service, where the consumer is an elderly person or
person with a disability disabled person, a civil penalty of
$50,000 may be imposed for each violation. For purposes of this
Section:

HB4049 Enrolled - 1997 - LRB099 03667 KTG 23678 b
(1) "Elderly person" means a person 60 years of age or
older.
(2) "Person with a disability Disabled person" means a
person who suffers from a permanent physical or mental
impairment resulting from disease, injury, functional disorder
or congenital condition.
(3) "Electric service" shall have the meaning given that
term in Section 6.5 of the Attorney General Act.
(Source: P.A. 90-561, eff. 12-16-97.)
(815 ILCS 505/2MM)
Sec. 2MM. Verification of accuracy of consumer reporting
information used to extend consumers credit and security freeze
on credit reports.
(a) A credit card issuer who mails an offer or solicitation
to apply for a credit card and who receives a completed
application in response to the offer or solicitation which
lists an address that is not substantially the same as the
address on the offer or solicitation may not issue a credit
card based on that application until reasonable steps have been
taken to verify the applicant's change of address.
(b) Any person who uses a consumer credit report in
connection with the approval of credit based on the application
for an extension of credit, and who has received notification
of a police report filed with a consumer reporting agency that
the applicant has been a victim of financial identity theft, as

HB4049 Enrolled - 1998 - LRB099 03667 KTG 23678 b
defined in Section 16-30 or 16G-15 of the Criminal Code of 1961
or the Criminal Code of 2012, may not lend money or extend
credit without taking reasonable steps to verify the consumer's
identity and confirm that the application for an extension of
credit is not the result of financial identity theft.
(c) A consumer may request that a security freeze be placed
on his or her credit report by sending a request in writing by
certified mail to a consumer reporting agency at an address
designated by the consumer reporting agency to receive such
requests.
The following persons may request that a security freeze be
placed on the credit report of a person with a disability
disabled person:
(1) a guardian of the person with a disability disabled
person that is the subject of the request, appointed under
Article XIa of the Probate Act of 1975; and
(2) an agent of the person with a disability disabled
person that is the subject of the request, under a written
durable power of attorney that complies with the Illinois
Power of Attorney Act.
The following persons may request that a security freeze
be placed on the credit report of a minor:
(1) a guardian of the minor that is the subject of the
request, appointed under Article XI of the Probate Act of
1975;
(2) a parent of the minor that is the subject of the

HB4049 Enrolled - 1999 - LRB099 03667 KTG 23678 b
request; and
(3) a guardian appointed under the Juvenile Court Act
of 1987 for a minor under the age of 18 who is the subject
of the request or, with a court order authorizing the
guardian consent power, for a youth who is the subject of
the request who has attained the age of 18, but who is
under the age of 21.
This subsection (c) does not prevent a consumer reporting
agency from advising a third party that a security freeze is in
effect with respect to the consumer's credit report.
(d) A consumer reporting agency shall place a security
freeze on a consumer's credit report no later than 5 business
days after receiving a written request from the consumer:
(1) a written request described in subsection (c);
(2) proper identification; and
(3) payment of a fee, if applicable.
(e) Upon placing the security freeze on the consumer's
credit report, the consumer reporting agency shall send to the
consumer within 10 business days a written confirmation of the
placement of the security freeze and a unique personal
identification number or password or similar device, other than
the consumer's Social Security number, to be used by the
consumer when providing authorization for the release of his or
her credit report for a specific party or period of time.
(f) If the consumer wishes to allow his or her credit
report to be accessed for a specific party or period of time

HB4049 Enrolled - 2000 - LRB099 03667 KTG 23678 b
while a freeze is in place, he or she shall contact the
consumer reporting agency using a point of contact designated
by the consumer reporting agency, request that the freeze be
temporarily lifted, and provide the following:
(1) Proper identification;
(2) The unique personal identification number or
password or similar device provided by the consumer
reporting agency;
(3) The proper information regarding the third party or
time period for which the report shall be available to
users of the credit report; and
(4) A fee, if applicable.
A security freeze for a minor may not be temporarily
lifted. This Section does not require a consumer reporting
agency to provide to a minor or a parent or guardian of a minor
on behalf of the minor a unique personal identification number,
password, or similar device provided by the consumer reporting
agency for the minor, or parent or guardian of the minor, to
use to authorize the consumer reporting agency to release
information from a minor.
(g) A consumer reporting agency shall develop a contact
method to receive and process a request from a consumer to
temporarily lift a freeze on a credit report pursuant to
subsection (f) in an expedited manner.
A contact method under this subsection shall include: (i) a
postal address; and (ii) an electronic contact method chosen by

HB4049 Enrolled - 2001 - LRB099 03667 KTG 23678 b
the consumer reporting agency, which may include the use of
telephone, fax, Internet, or other electronic means.
(h) A consumer reporting agency that receives a request
from a consumer to temporarily lift a freeze on a credit report
pursuant to subsection (f), shall comply with the request no
later than 3 business days after receiving the request.
(i) A consumer reporting agency shall remove or temporarily
lift a freeze placed on a consumer's credit report only in the
following cases:
(1) upon consumer request, pursuant to subsection (f)
or subsection (l) of this Section; or
(2) if the consumer's credit report was frozen due to a
material misrepresentation of fact by the consumer.
If a consumer reporting agency intends to remove a freeze
upon a consumer's credit report pursuant to this subsection,
the consumer reporting agency shall notify the consumer in
writing prior to removing the freeze on the consumer's credit
report.
(j) If a third party requests access to a credit report on
which a security freeze is in effect, and this request is in
connection with an application for credit or any other use, and
the consumer does not allow his or her credit report to be
accessed for that specific party or period of time, the third
party may treat the application as incomplete.
(k) If a consumer requests a security freeze, the credit
reporting agency shall disclose to the consumer the process of

HB4049 Enrolled - 2002 - LRB099 03667 KTG 23678 b
placing and temporarily lifting a security freeze, and the
process for allowing access to information from the consumer's
credit report for a specific party or period of time while the
freeze is in place.
(l) A security freeze shall remain in place until the
consumer or person authorized under subsection (c) to act on
behalf of the minor or person with a disability disabled person
that is the subject of the security freeze requests, using a
point of contact designated by the consumer reporting agency,
that the security freeze be removed. A credit reporting agency
shall remove a security freeze within 3 business days of
receiving a request for removal from the consumer, who
provides:
(1) Proper identification;
(2) The unique personal identification number or
password or similar device provided by the consumer
reporting agency; and
(3) A fee, if applicable.
(m) A consumer reporting agency shall require proper
identification of the person making a request to place or
remove a security freeze and may require proper identification
and proper authority from the person making the request to
place or remove a freeze on behalf of the person with a
disability disabled person or minor.
(n) The provisions of subsections (c) through (m) of this
Section do not apply to the use of a consumer credit report by

HB4049 Enrolled - 2003 - LRB099 03667 KTG 23678 b
any of the following:
(1) A person or entity, or a subsidiary, affiliate, or
agent of that person or entity, or an assignee of a
financial obligation owing by the consumer to that person
or entity, or a prospective assignee of a financial
obligation owing by the consumer to that person or entity
in conjunction with the proposed purchase of the financial
obligation, with which the consumer has or had prior to
assignment an account or contract, including a demand
deposit account, or to whom the consumer issued a
negotiable instrument, for the purposes of reviewing the
account or collecting the financial obligation owing for
the account, contract, or negotiable instrument. For
purposes of this subsection, "reviewing the account"
includes activities related to account maintenance,
monitoring, credit line increases, and account upgrades
and enhancements.
(2) A subsidiary, affiliate, agent, assignee, or
prospective assignee of a person to whom access has been
granted under subsection (f) of this Section for purposes
of facilitating the extension of credit or other
permissible use.
(3) Any state or local agency, law enforcement agency,
trial court, or private collection agency acting pursuant
to a court order, warrant, or subpoena.
(4) A child support agency acting pursuant to Title

HB4049 Enrolled - 2004 - LRB099 03667 KTG 23678 b
IV-D of the Social Security Act.
(5) The State or its agents or assigns acting to
investigate fraud.
(6) The Department of Revenue or its agents or assigns
acting to investigate or collect delinquent taxes or unpaid
court orders or to fulfill any of its other statutory
responsibilities.
(7) The use of credit information for the purposes of
prescreening as provided for by the federal Fair Credit
Reporting Act.
(8) Any person or entity administering a credit file
monitoring subscription or similar service to which the
consumer has subscribed.
(9) Any person or entity for the purpose of providing a
consumer with a copy of his or her credit report or score
upon the consumer's request.
(10) Any person using the information in connection
with the underwriting of insurance.
(n-5) This Section does not prevent a consumer reporting
agency from charging a fee of no more than $10 to a consumer
for each freeze, removal, or temporary lift of the freeze,
regarding access to a consumer credit report, except that a
consumer reporting agency may not charge a fee to (i) a
consumer 65 years of age or over for placement and removal of a
freeze, or (ii) a victim of identity theft who has submitted to
the consumer reporting agency a valid copy of a police report,

HB4049 Enrolled - 2005 - LRB099 03667 KTG 23678 b
investigative report, or complaint that the consumer has filed
with a law enforcement agency about unlawful use of his or her
personal information by another person.
(o) If a security freeze is in place, a consumer reporting
agency shall not change any of the following official
information in a credit report without sending a written
confirmation of the change to the consumer within 30 days of
the change being posted to the consumer's file: (i) name, (ii)
date of birth, (iii) Social Security number, and (iv) address.
Written confirmation is not required for technical
modifications of a consumer's official information, including
name and street abbreviations, complete spellings, or
transposition of numbers or letters. In the case of an address
change, the written confirmation shall be sent to both the new
address and to the former address.
(p) The following entities are not required to place a
security freeze in a consumer report, however, pursuant to
paragraph (3) of this subsection, a consumer reporting agency
acting as a reseller shall honor any security freeze placed on
a consumer credit report by another consumer reporting agency:
(1) A check services or fraud prevention services
company, which issues reports on incidents of fraud or
authorizations for the purpose of approving or processing
negotiable instruments, electronic funds transfers, or
similar methods of payment.
(2) A deposit account information service company,

HB4049 Enrolled - 2006 - LRB099 03667 KTG 23678 b
which issues reports regarding account closures due to
fraud, substantial overdrafts, ATM abuse, or similar
negative information regarding a consumer to inquiring
banks or other financial institutions for use only in
reviewing a consumer request for a deposit account at the
inquiring bank or financial institution.
(3) A consumer reporting agency that:
(A) acts only to resell credit information by
assembling and merging information contained in a
database of one or more consumer reporting agencies;
and
(B) does not maintain a permanent database of
credit information from which new credit reports are
produced.
(q) For purposes of this Section:
"Credit report" has the same meaning as "consumer report",
as ascribed to it in 15 U.S.C. Sec. 1681a(d).
"Consumer reporting agency" has the meaning ascribed to it
in 15 U.S.C. Sec. 1681a(f).
"Security freeze" means a notice placed in a consumer's
credit report, at the request of the consumer and subject to
certain exceptions, that prohibits the consumer reporting
agency from releasing the consumer's credit report or score
relating to an extension of credit, without the express
authorization of the consumer.
"Extension of credit" does not include an increase in an

HB4049 Enrolled - 2007 - LRB099 03667 KTG 23678 b
existing open-end credit plan, as defined in Regulation Z of
the Federal Reserve System (12 C.F.R. 226.2), or any change to
or review of an existing credit account.
"Proper authority" means documentation that shows that a
parent, guardian, or agent has authority to act on behalf of a
minor or person with a disability disabled person. "Proper
authority" includes (1) an order issued by a court of law that
shows that a guardian has authority to act on behalf of a minor
or person with a disability disabled person, (2) a written,
notarized statement signed by a parent that expressly describes
the authority of the parent to act on behalf of the minor, or
(3) a durable power of attorney that complies with the Illinois
Power of Attorney Act.
"Proper identification" means information generally deemed
sufficient to identify a person. Only if the consumer is unable
to reasonably identify himself or herself with the information
described above, may a consumer reporting agency require
additional information concerning the consumer's employment
and personal or family history in order to verify his or her
identity.
(r) Any person who violates this Section commits an
unlawful practice within the meaning of this Act.
(Source: P.A. 97-597, eff. 1-1-12; 97-1150, eff. 1-25-13;
98-486, eff. 1-1-14; 98-756, eff. 7-16-14.)
Section 1040. The Home Repair Fraud Act is amended by

HB4049 Enrolled - 2008 - LRB099 03667 KTG 23678 b
changing Section 5 as follows:
(815 ILCS 515/5) (from Ch. 121 1/2, par. 1605)
Sec. 5. Aggravated Home Repair Fraud. A person commits the
offense of aggravated home repair fraud when he commits home
repair fraud:
(i) against an elderly person or a person with a
disability as defined in Section 17-56 of the Criminal Code
of 2012; or
(ii) in connection with a home repair project intended
to assist a person with a disability disabled person.
(a) Aggravated violation of paragraphs (1) or (2) of
subsection (a) of Section 3 of this Act shall be a Class 2
felony when the amount of the contract or agreement is more
than $500, a Class 3 felony when the amount of the contract or
agreement is $500 or less, and a Class 2 felony for a second or
subsequent offense when the amount of the contract or agreement
is $500 or less. If 2 or more contracts or agreements for home
repair exceed an aggregate amount of $500 or more and such
contracts or agreements are entered into with the same victim
by one or more of the defendants as part of or in furtherance
of a common fraudulent scheme, design or intention, the
violation shall be a Class 2 felony.
(b) Aggravated violation of paragraph (3) of subsection (a)
of Section 3 of this Act shall be a Class 2 felony when the
amount of the contract or agreement is more than $5,000 and a

HB4049 Enrolled - 2009 - LRB099 03667 KTG 23678 b
Class 3 felony when the amount of the contract or agreement is
$5,000 or less.
(c) Aggravated violation of paragraph (4) of subsection (a)
of Section 3 of this Act shall be a Class 3 felony when the
amount of the contract or agreement is more than $500, a Class
4 felony when the amount of the contract or agreement is $500
or less and a Class 3 felony for a second or subsequent offense
when the amount of the contract or agreement is $500 or less.
(d) Aggravated violation of paragraphs (1) or (2) of
subsection (b) of Section 3 of this Act shall be a Class 3
felony.
(e) If a person commits aggravated home repair fraud, then
any State or local license or permit held by that person that
relates to the business of home repair may be appropriately
suspended or revoked by the issuing authority, commensurate
with the severity of the offense.
(f) A defense to aggravated home repair fraud does not
exist merely because the accused reasonably believed the victim
to be a person less than 60 years of age.
(Source: P.A. 96-1026, eff. 7-12-10; 96-1551, eff. 7-1-11;
97-1150, eff. 1-25-13.)
Section 1045. The Motor Vehicle Franchise Act is amended by
changing Section 4 as follows:
(815 ILCS 710/4) (from Ch. 121 1/2, par. 754)

HB4049 Enrolled - 2010 - LRB099 03667 KTG 23678 b
Sec. 4. Unfair competition and practices.
(a) The unfair methods of competition and unfair and
deceptive acts or practices listed in this Section are hereby
declared to be unlawful. In construing the provisions of this
Section, the courts may be guided by the interpretations of the
Federal Trade Commission Act (15 U.S.C. 45 et seq.), as from
time to time amended.
(b) It shall be deemed a violation for any manufacturer,
factory branch, factory representative, distributor or
wholesaler, distributor branch, distributor representative or
motor vehicle dealer to engage in any action with respect to a
franchise which is arbitrary, in bad faith or unconscionable
and which causes damage to any of the parties or to the public.
(c) It shall be deemed a violation for a manufacturer, a
distributor, a wholesaler, a distributor branch or division, a
factory branch or division, or a wholesale branch or division,
or officer, agent or other representative thereof, to coerce,
or attempt to coerce, any motor vehicle dealer:
(1) to accept, buy or order any motor vehicle or
vehicles, appliances, equipment, parts or accessories
therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not
voluntarily ordered or requested except items required by
applicable local, state or federal law; or to require a
motor vehicle dealer to accept, buy, order or purchase such
items in order to obtain any motor vehicle or vehicles or

HB4049 Enrolled - 2011 - LRB099 03667 KTG 23678 b
any other commodity or commodities which have been ordered
or requested by such motor vehicle dealer;
(2) to order or accept delivery of any motor vehicle
with special features, appliances, accessories or
equipment not included in the list price of the motor
vehicles as publicly advertised by the manufacturer
thereof, except items required by applicable law; or
(3) to order for anyone any parts, accessories,
equipment, machinery, tools, appliances or any commodity
whatsoever, except items required by applicable law.
(d) It shall be deemed a violation for a manufacturer, a
distributor, a wholesaler, a distributor branch or division, or
officer, agent or other representative thereof:
(1) to adopt, change, establish or implement a plan or
system for the allocation and distribution of new motor
vehicles to motor vehicle dealers which is arbitrary or
capricious or to modify an existing plan so as to cause the
same to be arbitrary or capricious;
(2) to fail or refuse to advise or disclose to any
motor vehicle dealer having a franchise or selling
agreement, upon written request therefor, the basis upon
which new motor vehicles of the same line make are
allocated or distributed to motor vehicle dealers in the
State and the basis upon which the current allocation or
distribution is being made or will be made to such motor
vehicle dealer;

HB4049 Enrolled - 2012 - LRB099 03667 KTG 23678 b
(3) to refuse to deliver in reasonable quantities and
within a reasonable time after receipt of dealer's order,
to any motor vehicle dealer having a franchise or selling
agreement for the retail sale of new motor vehicles sold or
distributed by such manufacturer, distributor, wholesaler,
distributor branch or division, factory branch or division
or wholesale branch or division, any such motor vehicles as
are covered by such franchise or selling agreement
specifically publicly advertised in the State by such
manufacturer, distributor, wholesaler, distributor branch
or division, factory branch or division, or wholesale
branch or division to be available for immediate delivery.
However, the failure to deliver any motor vehicle shall not
be considered a violation of this Act if such failure is
due to an act of God, a work stoppage or delay due to a
strike or labor difficulty, a shortage of materials, a lack
of manufacturing capacity, a freight embargo or other cause
over which the manufacturer, distributor, or wholesaler,
or any agent thereof has no control;
(4) to coerce, or attempt to coerce, any motor vehicle
dealer to enter into any agreement with such manufacturer,
distributor, wholesaler, distributor branch or division,
factory branch or division, or wholesale branch or
division, or officer, agent or other representative
thereof, or to do any other act prejudicial to the dealer
by threatening to reduce his allocation of motor vehicles

HB4049 Enrolled - 2013 - LRB099 03667 KTG 23678 b
or cancel any franchise or any selling agreement existing
between such manufacturer, distributor, wholesaler,
distributor branch or division, or factory branch or
division, or wholesale branch or division, and the dealer.
However, notice in good faith to any motor vehicle dealer
of the dealer's violation of any terms or provisions of
such franchise or selling agreement or of any law or
regulation applicable to the conduct of a motor vehicle
dealer shall not constitute a violation of this Act;
(5) to require a franchisee to participate in an
advertising campaign or contest or any promotional
campaign, or to purchase or lease any promotional
materials, training materials, show room or other display
decorations or materials at the expense of the franchisee;
(6) to cancel or terminate the franchise or selling
agreement of a motor vehicle dealer without good cause and
without giving notice as hereinafter provided; to fail or
refuse to extend the franchise or selling agreement of a
motor vehicle dealer upon its expiration without good cause
and without giving notice as hereinafter provided; or, to
offer a renewal, replacement or succeeding franchise or
selling agreement containing terms and provisions the
effect of which is to substantially change or modify the
sales and service obligations or capital requirements of
the motor vehicle dealer arbitrarily and without good cause
and without giving notice as hereinafter provided

HB4049 Enrolled - 2014 - LRB099 03667 KTG 23678 b
notwithstanding any term or provision of a franchise or
selling agreement.
(A) If a manufacturer, distributor, wholesaler,
distributor branch or division, factory branch or
division or wholesale branch or division intends to
cancel or terminate a franchise or selling agreement or
intends not to extend or renew a franchise or selling
agreement on its expiration, it shall send a letter by
certified mail, return receipt requested, to the
affected franchisee at least 60 days before the
effective date of the proposed action, or not later
than 10 days before the proposed action when the reason
for the action is based upon either of the following:
(i) the business operations of the franchisee
have been abandoned or the franchisee has failed to
conduct customary sales and service operations
during customary business hours for at least 7
consecutive business days unless such closing is
due to an act of God, strike or labor difficulty or
other cause over which the franchisee has no
control; or
(ii) the conviction of or plea of nolo
contendere by the motor vehicle dealer or any
operator thereof in a court of competent
jurisdiction to an offense punishable by
imprisonment for more than two years.

HB4049 Enrolled - 2015 - LRB099 03667 KTG 23678 b
Each notice of proposed action shall include a
detailed statement setting forth the specific grounds
for the proposed cancellation, termination, or refusal
to extend or renew and shall state that the dealer has
only 30 days from receipt of the notice to file with
the Motor Vehicle Review Board a written protest
against the proposed action.
(B) If a manufacturer, distributor, wholesaler,
distributor branch or division, factory branch or
division or wholesale branch or division intends to
change substantially or modify the sales and service
obligations or capital requirements of a motor vehicle
dealer as a condition to extending or renewing the
existing franchise or selling agreement of such motor
vehicle dealer, it shall send a letter by certified
mail, return receipt requested, to the affected
franchisee at least 60 days before the date of
expiration of the franchise or selling agreement. Each
notice of proposed action shall include a detailed
statement setting forth the specific grounds for the
proposed action and shall state that the dealer has
only 30 days from receipt of the notice to file with
the Motor Vehicle Review Board a written protest
against the proposed action.
(C) Within 30 days from receipt of the notice under
subparagraphs (A) and (B), the franchisee may file with

HB4049 Enrolled - 2016 - LRB099 03667 KTG 23678 b
the Board a written protest against the proposed
action.
When the protest has been timely filed, the Board
shall enter an order, fixing a date (within 60 days of
the date of the order), time, and place of a hearing on
the protest required under Sections 12 and 29 of this
Act, and send by certified mail, return receipt
requested, a copy of the order to the manufacturer that
filed the notice of intention of the proposed action
and to the protesting dealer or franchisee.
The manufacturer shall have the burden of proof to
establish that good cause exists to cancel or
terminate, or fail to extend or renew the franchise or
selling agreement of a motor vehicle dealer or
franchisee, and to change substantially or modify the
sales and service obligations or capital requirements
of a motor vehicle dealer as a condition to extending
or renewing the existing franchise or selling
agreement. The determination whether good cause exists
to cancel, terminate, or refuse to renew or extend the
franchise or selling agreement, or to change or modify
the obligations of the dealer as a condition to offer
renewal, replacement, or succession shall be made by
the Board under subsection (d) of Section 12 of this
Act.
(D) Notwithstanding the terms, conditions, or

HB4049 Enrolled - 2017 - LRB099 03667 KTG 23678 b
provisions of a franchise or selling agreement, the
following shall not constitute good cause for
cancelling or terminating or failing to extend or renew
the franchise or selling agreement: (i) the change of
ownership or executive management of the franchisee's
dealership; or (ii) the fact that the franchisee or
owner of an interest in the franchise owns, has an
investment in, participates in the management of, or
holds a license for the sale of the same or any other
line make of new motor vehicles.
(E) The manufacturer may not cancel or terminate,
or fail to extend or renew a franchise or selling
agreement or change or modify the obligations of the
franchisee as a condition to offering a renewal,
replacement, or succeeding franchise or selling
agreement before the hearing process is concluded as
prescribed by this Act, and thereafter, if the Board
determines that the manufacturer has failed to meet its
burden of proof and that good cause does not exist to
allow the proposed action;
(7) notwithstanding the terms of any franchise
agreement, to fail to indemnify and hold harmless its
franchised dealers against any judgment or settlement for
damages, including, but not limited to, court costs, expert
witness fees, reasonable attorneys' fees of the new motor
vehicle dealer, and other expenses incurred in the

HB4049 Enrolled - 2018 - LRB099 03667 KTG 23678 b
litigation, so long as such fees and costs are reasonable,
arising out of complaints, claims or lawsuits including,
but not limited to, strict liability, negligence,
misrepresentation, warranty (express or implied), or
recision of the sale as defined in Section 2-608 of the
Uniform Commercial Code, to the extent that the judgment or
settlement relates to the alleged defective or negligent
manufacture, assembly or design of new motor vehicles,
parts or accessories or other functions by the
manufacturer, beyond the control of the dealer; provided
that, in order to provide an adequate defense, the
manufacturer receives notice of the filing of a complaint,
claim, or lawsuit within 60 days after the filing;
(8) to require or otherwise coerce a motor vehicle
dealer to underutilize the motor vehicle dealer's
facilities by requiring or otherwise coercing the motor
vehicle dealer to exclude or remove from the motor vehicle
dealer's facilities operations for selling or servicing of
any vehicles for which the motor vehicle dealer has a
franchise agreement with another manufacturer,
distributor, wholesaler, distribution branch or division,
or officer, agent, or other representative thereof;
provided, however, that, in light of all existing
circumstances, (i) the motor vehicle dealer maintains a
reasonable line of credit for each make or line of new
motor vehicle, (ii) the new motor vehicle dealer remains in

HB4049 Enrolled - 2019 - LRB099 03667 KTG 23678 b
compliance with any reasonable facilities requirements of
the manufacturer, (iii) no change is made in the principal
management of the new motor vehicle dealer, and (iv) the
addition of the make or line of new motor vehicles would be
reasonable. The reasonable facilities requirement set
forth in item (ii) of subsection (d)(8) shall not include
any requirement that a franchisee establish or maintain
exclusive facilities, personnel, or display space. Any
decision by a motor vehicle dealer to sell additional makes
or lines at the motor vehicle dealer's facility shall be
presumed to be reasonable, and the manufacturer shall have
the burden to overcome that presumption. A motor vehicle
dealer must provide a written notification of its intent to
add a make or line of new motor vehicles to the
manufacturer. If the manufacturer does not respond to the
motor vehicle dealer, in writing, objecting to the addition
of the make or line within 60 days after the date that the
motor vehicle dealer sends the written notification, then
the manufacturer shall be deemed to have approved the
addition of the make or line; or
(9) to use or consider the performance of a motor
vehicle dealer relating to the sale of the manufacturer's,
distributor's, or wholesaler's vehicles or the motor
vehicle dealer's ability to satisfy any minimum sales or
market share quota or responsibility relating to the sale
of the manufacturer's, distributor's, or wholesaler's new

HB4049 Enrolled - 2020 - LRB099 03667 KTG 23678 b
vehicles in determining:
(A) the motor vehicle dealer's eligibility to
purchase program, certified, or other used motor
vehicles from the manufacturer, distributor, or
wholesaler;
(B) the volume, type, or model of program,
certified, or other used motor vehicles that a motor
vehicle dealer is eligible to purchase from the
manufacturer, distributor, or wholesaler;
(C) the price of any program, certified, or other
used motor vehicle that the dealer is eligible to
purchase from the manufacturer, distributor, or
wholesaler; or
(D) the availability or amount of any discount,
credit, rebate, or sales incentive that the dealer is
eligible to receive from the manufacturer,
distributor, or wholesaler for the purchase of any
program, certified, or other used motor vehicle
offered for sale by the manufacturer, distributor, or
wholesaler.
(e) It shall be deemed a violation for a manufacturer, a
distributor, a wholesaler, a distributor branch or division or
officer, agent or other representative thereof:
(1) to resort to or use any false or misleading
advertisement in connection with his business as such
manufacturer, distributor, wholesaler, distributor branch

HB4049 Enrolled - 2021 - LRB099 03667 KTG 23678 b
or division or officer, agent or other representative
thereof;
(2) to offer to sell or lease, or to sell or lease, any
new motor vehicle to any motor vehicle dealer at a lower
actual price therefor than the actual price offered to any
other motor vehicle dealer for the same model vehicle
similarly equipped or to utilize any device including, but
not limited to, sales promotion plans or programs which
result in such lesser actual price or fail to make
available to any motor vehicle dealer any preferential
pricing, incentive, rebate, finance rate, or low interest
loan program offered to competing motor vehicle dealers in
other contiguous states. However, the provisions of this
paragraph shall not apply to sales to a motor vehicle
dealer for resale to any unit of the United States
Government, the State or any of its political subdivisions;
(3) to offer to sell or lease, or to sell or lease, any
new motor vehicle to any person, except a wholesaler,
distributor or manufacturer's employees at a lower actual
price therefor than the actual price offered and charged to
a motor vehicle dealer for the same model vehicle similarly
equipped or to utilize any device which results in such
lesser actual price. However, the provisions of this
paragraph shall not apply to sales to a motor vehicle
dealer for resale to any unit of the United States
Government, the State or any of its political subdivisions;

HB4049 Enrolled - 2022 - LRB099 03667 KTG 23678 b
(4) to prevent or attempt to prevent by contract or
otherwise any motor vehicle dealer or franchisee from
changing the executive management control of the motor
vehicle dealer or franchisee unless the franchiser, having
the burden of proof, proves that such change of executive
management will result in executive management control by a
person or persons who are not of good moral character or
who do not meet the franchiser's existing and, with
consideration given to the volume of sales and service of
the dealership, uniformly applied minimum business
experience standards in the market area. However where the
manufacturer rejects a proposed change in executive
management control, the manufacturer shall give written
notice of his reasons to the dealer within 60 days of
notice to the manufacturer by the dealer of the proposed
change. If the manufacturer does not send a letter to the
franchisee by certified mail, return receipt requested,
within 60 days from receipt by the manufacturer of the
proposed change, then the change of the executive
management control of the franchisee shall be deemed
accepted as proposed by the franchisee, and the
manufacturer shall give immediate effect to such change;
(5) to prevent or attempt to prevent by contract or
otherwise any motor vehicle dealer from establishing or
changing the capital structure of his dealership or the
means by or through which he finances the operation

HB4049 Enrolled - 2023 - LRB099 03667 KTG 23678 b
thereof; provided the dealer meets any reasonable capital
standards agreed to between the dealer and the
manufacturer, distributor or wholesaler, who may require
that the sources, method and manner by which the dealer
finances or intends to finance its operation, equipment or
facilities be fully disclosed;
(6) to refuse to give effect to or prevent or attempt
to prevent by contract or otherwise any motor vehicle
dealer or any officer, partner or stockholder of any motor
vehicle dealer from selling or transferring any part of the
interest of any of them to any other person or persons or
party or parties unless such sale or transfer is to a
transferee who would not otherwise qualify for a new motor
vehicle dealers license under "The Illinois Vehicle Code"
or unless the franchiser, having the burden of proof,
proves that such sale or transfer is to a person or party
who is not of good moral character or does not meet the
franchiser's existing and reasonable capital standards
and, with consideration given to the volume of sales and
service of the dealership, uniformly applied minimum
business experience standards in the market area. However,
nothing herein shall be construed to prevent a franchiser
from implementing affirmative action programs providing
business opportunities for minorities or from complying
with applicable federal, State or local law:
(A) If the manufacturer intends to refuse to

HB4049 Enrolled - 2024 - LRB099 03667 KTG 23678 b
approve the sale or transfer of all or a part of the
interest, then it shall, within 60 days from receipt of
the completed application forms generally utilized by
a manufacturer to conduct its review and a copy of all
agreements regarding the proposed transfer, send a
letter by certified mail, return receipt requested,
advising the franchisee of any refusal to approve the
sale or transfer of all or part of the interest and
shall state that the dealer only has 30 days from the
receipt of the notice to file with the Motor Vehicle
Review Board a written protest against the proposed
action. The notice shall set forth specific criteria
used to evaluate the prospective transferee and the
grounds for refusing to approve the sale or transfer to
that transferee. Within 30 days from the franchisee's
receipt of the manufacturer's notice, the franchisee
may file with the Board a written protest against the
proposed action.
When a protest has been timely filed, the Board
shall enter an order, fixing the date (within 60 days
of the date of such order), time, and place of a
hearing on the protest, required under Sections 12 and
29 of this Act, and send by certified mail, return
receipt requested, a copy of the order to the
manufacturer that filed notice of intention of the
proposed action and to the protesting franchisee.

HB4049 Enrolled - 2025 - LRB099 03667 KTG 23678 b
The manufacturer shall have the burden of proof to
establish that good cause exists to refuse to approve
the sale or transfer to the transferee. The
determination whether good cause exists to refuse to
approve the sale or transfer shall be made by the Board
under subdivisions (6)(B). The manufacturer shall not
refuse to approve the sale or transfer by a dealer or
an officer, partner, or stockholder of a franchise or
any part of the interest to any person or persons
before the hearing process is concluded as prescribed
by this Act, and thereafter if the Board determines
that the manufacturer has failed to meet its burden of
proof and that good cause does not exist to refuse to
approve the sale or transfer to the transferee.
(B) Good cause to refuse to approve such sale or
transfer under this Section is established when such
sale or transfer is to a transferee who would not
otherwise qualify for a new motor vehicle dealers
license under "The Illinois Vehicle Code" or such sale
or transfer is to a person or party who is not of good
moral character or does not meet the franchiser's
existing and reasonable capital standards and, with
consideration given to the volume of sales and service
of the dealership, uniformly applied minimum business
experience standards in the market area.
(7) to obtain money, goods, services, anything of

HB4049 Enrolled - 2026 - LRB099 03667 KTG 23678 b
value, or any other benefit from any other person with whom
the motor vehicle dealer does business, on account of or in
relation to the transactions between the dealer and the
other person as compensation, except for services actually
rendered, unless such benefit is promptly accounted for and
transmitted to the motor vehicle dealer;
(8) to grant an additional franchise in the relevant
market area of an existing franchise of the same line make
or to relocate an existing motor vehicle dealership within
or into a relevant market area of an existing franchise of
the same line make. However, if the manufacturer wishes to
grant such an additional franchise to an independent person
in a bona fide relationship in which such person is
prepared to make a significant investment subject to loss
in such a dealership, or if the manufacturer wishes to
relocate an existing motor vehicle dealership, then the
manufacturer shall send a letter by certified mail, return
receipt requested, to each existing dealer or dealers of
the same line make whose relevant market area includes the
proposed location of the additional or relocated franchise
at least 60 days before the manufacturer grants an
additional franchise or relocates an existing franchise of
the same line make within or into the relevant market area
of an existing franchisee of the same line make. Each
notice shall set forth the specific grounds for the
proposed grant of an additional or relocation of an

HB4049 Enrolled - 2027 - LRB099 03667 KTG 23678 b
existing franchise and shall state that the dealer has only
30 days from the date of receipt of the notice to file with
the Motor Vehicle Review Board a written protest against
the proposed action. Unless the parties agree upon the
grant or establishment of the additional or relocated
franchise within 30 days from the date the notice was
received by the existing franchisee of the same line make
or any person entitled to receive such notice, the
franchisee or other person may file with the Board a
written protest against the grant or establishment of the
proposed additional or relocated franchise.
When a protest has been timely filed, the Board shall
enter an order fixing a date (within 60 days of the date of
the order), time, and place of a hearing on the protest,
required under Sections 12 and 29 of this Act, and send by
certified or registered mail, return receipt requested, a
copy of the order to the manufacturer that filed the notice
of intention to grant or establish the proposed additional
or relocated franchise and to the protesting dealer or
dealers of the same line make whose relevant market area
includes the proposed location of the additional or
relocated franchise.
When more than one protest is filed against the grant
or establishment of the additional or relocated franchise
of the same line make, the Board may consolidate the
hearings to expedite disposition of the matter. The

HB4049 Enrolled - 2028 - LRB099 03667 KTG 23678 b
manufacturer shall have the burden of proof to establish
that good cause exists to allow the grant or establishment
of the additional or relocated franchise. The manufacturer
may not grant or establish the additional franchise or
relocate the existing franchise before the hearing process
is concluded as prescribed by this Act, and thereafter if
the Board determines that the manufacturer has failed to
meet its burden of proof and that good cause does not exist
to allow the grant or establishment of the additional
franchise or relocation of the existing franchise.
The determination whether good cause exists for
allowing the grant or establishment of an additional
franchise or relocated existing franchise, shall be made by
the Board under subsection (c) of Section 12 of this Act.
If the manufacturer seeks to enter into a contract,
agreement or other arrangement with any person,
establishing any additional motor vehicle dealership or
other facility, limited to the sale of factory repurchase
vehicles or late model vehicles, then the manufacturer
shall follow the notice procedures set forth in this
Section and the determination whether good cause exists for
allowing the proposed agreement shall be made by the Board
under subsection (c) of Section 12, with the manufacturer
having the burden of proof.
A. (Blank).
B. For the purposes of this Section, appointment of

HB4049 Enrolled - 2029 - LRB099 03667 KTG 23678 b
a successor motor vehicle dealer at the same location
as its predecessor, or within 2 miles of such location,
or the relocation of an existing dealer or franchise
within 2 miles of the relocating dealer's or
franchisee's existing location, shall not be construed
as a grant, establishment or the entering into of an
additional franchise or selling agreement, or a
relocation of an existing franchise. The reopening of a
motor vehicle dealership that has not been in operation
for 18 months or more shall be deemed the grant of an
additional franchise or selling agreement.
C. This Section does not apply to the relocation of
an existing dealership or franchise in a county having
a population of more than 300,000 persons when the new
location is within the dealer's current relevant
market area, provided the new location is more than 7
miles from the nearest dealer of the same line make.
This Section does not apply to the relocation of an
existing dealership or franchise in a county having a
population of less than 300,000 persons when the new
location is within the dealer's current relevant
market area, provided the new location is more than 12
miles from the nearest dealer of the same line make. A
dealer that would be farther away from the new location
of an existing dealership or franchise of the same line
make after a relocation may not file a written protest

HB4049 Enrolled - 2030 - LRB099 03667 KTG 23678 b
against the relocation with the Motor Vehicle Review
Board.
D. Nothing in this Section shall be construed to
prevent a franchiser from implementing affirmative
action programs providing business opportunities for
minorities or from complying with applicable federal,
State or local law;
(9) to require a motor vehicle dealer to assent to a
release, assignment, novation, waiver or estoppel which
would relieve any person from liability imposed by this
Act;
(10) to prevent or refuse to give effect to the
succession to the ownership or management control of a
dealership by any legatee under the will of a dealer or to
an heir under the laws of descent and distribution of this
State unless the franchisee has designated a successor to
the ownership or management control under the succession
provisions of the franchise. Unless the franchiser, having
the burden of proof, proves that the successor is a person
who is not of good moral character or does not meet the
franchiser's existing and reasonable capital standards
and, with consideration given to the volume of sales and
service of the dealership, uniformly applied minimum
business experience standards in the market area, any
designated successor of a dealer or franchisee may succeed
to the ownership or management control of a dealership

HB4049 Enrolled - 2031 - LRB099 03667 KTG 23678 b
under the existing franchise if:
(i) The designated successor gives the
franchiser written notice by certified mail,
return receipt requested, of his or her intention
to succeed to the ownership of the dealer within 60
days of the dealer's death or incapacity; and
(ii) The designated successor agrees to be
bound by all the terms and conditions of the
existing franchise.
Notwithstanding the foregoing, in the event the motor
vehicle dealer or franchisee and manufacturer have duly
executed an agreement concerning succession rights prior
to the dealer's death or incapacitation, the agreement
shall be observed.
(A) If the franchiser intends to refuse to honor
the successor to the ownership of a deceased or
incapacitated dealer or franchisee under an existing
franchise agreement, the franchiser shall send a
letter by certified mail, return receipt requested, to
the designated successor within 60 days from receipt of
a proposal advising of its intent to refuse to honor
the succession and to discontinue the existing
franchise agreement and shall state that the
designated successor only has 30 days from the receipt
of the notice to file with the Motor Vehicle Review
Board a written protest against the proposed action.

HB4049 Enrolled - 2032 - LRB099 03667 KTG 23678 b
The notice shall set forth the specific grounds for the
refusal to honor the succession and discontinue the
existing franchise agreement.
If notice of refusal is not timely served upon the
designated successor, the franchise agreement shall
continue in effect subject to termination only as
otherwise permitted by paragraph (6) of subsection (d)
of Section 4 of this Act.
Within 30 days from the date the notice was
received by the designated successor or any other
person entitled to notice, the designee or other person
may file with the Board a written protest against the
proposed action.
When a protest has been timely filed, the Board
shall enter an order, fixing a date (within 60 days of
the date of the order), time, and place of a hearing on
the protest, required under Sections 12 and 29 of this
Act, and send by certified mail, return receipt
requested, a copy of the order to the franchiser that
filed the notice of intention of the proposed action
and to the protesting designee or such other person.
The manufacturer shall have the burden of proof to
establish that good cause exists to refuse to honor the
succession and discontinue the existing franchise
agreement. The determination whether good cause exists
to refuse to honor the succession shall be made by the

HB4049 Enrolled - 2033 - LRB099 03667 KTG 23678 b
Board under subdivision (B) of this paragraph (10). The
manufacturer shall not refuse to honor the succession
or discontinue the existing franchise agreement before
the hearing process is concluded as prescribed by this
Act, and thereafter if the Board determines that it has
failed to meet its burden of proof and that good cause
does not exist to refuse to honor the succession and
discontinue the existing franchise agreement.
(B) No manufacturer shall impose any conditions
upon honoring the succession and continuing the
existing franchise agreement with the designated
successor other than that the franchisee has
designated a successor to the ownership or management
control under the succession provisions of the
franchise, or that the designated successor is of good
moral character or meets the reasonable capital
standards and, with consideration given to the volume
of sales and service of the dealership, uniformly
applied minimum business experience standards in the
market area;
(11) to prevent or refuse to approve a proposal to
establish a successor franchise at a location previously
approved by the franchiser when submitted with the
voluntary termination by the existing franchisee unless
the successor franchisee would not otherwise qualify for a
new motor vehicle dealer's license under the Illinois

HB4049 Enrolled - 2034 - LRB099 03667 KTG 23678 b
Vehicle Code or unless the franchiser, having the burden of
proof, proves that such proposed successor is not of good
moral character or does not meet the franchiser's existing
and reasonable capital standards and, with consideration
given to the volume of sales and service of the dealership,
uniformly applied minimum business experience standards in
the market area. However, when such a rejection of a
proposal is made, the manufacturer shall give written
notice of its reasons to the franchisee within 60 days of
receipt by the manufacturer of the proposal. However,
nothing herein shall be construed to prevent a franchiser
from implementing affirmative action programs providing
business opportunities for minorities, or from complying
with applicable federal, State or local law;
(12) to prevent or refuse to grant a franchise to a
person because such person owns, has investment in or
participates in the management of or holds a franchise for
the sale of another make or line of motor vehicles within 7
miles of the proposed franchise location in a county having
a population of more than 300,000 persons, or within 12
miles of the proposed franchise location in a county having
a population of less than 300,000 persons; or
(13) to prevent or attempt to prevent any new motor
vehicle dealer from establishing any additional motor
vehicle dealership or other facility limited to the sale of
factory repurchase vehicles or late model vehicles or

HB4049 Enrolled - 2035 - LRB099 03667 KTG 23678 b
otherwise offering for sale factory repurchase vehicles of
the same line make at an existing franchise by failing to
make available any contract, agreement or other
arrangement which is made available or otherwise offered to
any person.
(f) It is deemed a violation for a manufacturer, a
distributor, a wholesale, a distributor branch or division, a
factory branch or division, or a wholesale branch or division,
or officer, agent, broker, shareholder, except a shareholder of
1% or less of the outstanding shares of any class of securities
of a manufacturer, distributor, or wholesaler which is a
publicly traded corporation, or other representative, directly
or indirectly, to own or operate a place of business as a motor
vehicle franchisee or motor vehicle financing affiliate,
except that, this subsection shall not prohibit the ownership
or operation of a place of business by a manufacturer,
distributor, or wholesaler for a period, not to exceed 18
months, during the transition from one motor vehicle franchisee
to another; or the investment in a motor vehicle franchisee by
a manufacturer, distributor, or wholesaler if the investment is
for the sole purpose of enabling a partner or shareholder in
that motor vehicle franchisee to acquire an interest in that
motor vehicle franchisee and that partner or shareholder is not
otherwise employed by or associated with the manufacturer,
distributor, or wholesaler and would not otherwise have the
requisite capital investment funds to invest in the motor

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vehicle franchisee, and has the right to purchase the entire
equity interest of the manufacturer, distributor, or
wholesaler in the motor vehicle franchisee within a reasonable
period of time not to exceed 5 years.
(g) Notwithstanding the terms, provisions, or conditions
of any agreement or waiver, it shall be deemed a violation for
a manufacturer, a distributor, a wholesaler, a distributor
branch or division, a factory branch or division, or a
wholesale branch or division, or officer, agent or other
representative thereof, to directly or indirectly condition
the awarding of a franchise to a prospective new motor vehicle
dealer, the addition of a line make or franchise to an existing
dealer, the renewal of a franchise of an existing dealer, the
approval of the relocation of an existing dealer's facility, or
the approval of the sale or transfer of the ownership of a
franchise on the willingness of a dealer, proposed new dealer,
or owner of an interest in the dealership facility to enter
into a site control agreement or exclusive use agreement unless
separate and reasonable consideration was offered and accepted
for that agreement.
For purposes of this subsection (g), the terms "site
control agreement" and "exclusive use agreement" include any
agreement that has the effect of either (i) requiring that the
dealer establish or maintain exclusive dealership facilities;
or (ii) restricting the ability of the dealer, or the ability
of the dealer's lessor in the event the dealership facility is

HB4049 Enrolled - 2037 - LRB099 03667 KTG 23678 b
being leased, to transfer, sell, lease, or change the use of
the dealership premises, whether by sublease, lease,
collateral pledge of lease, or other similar agreement. "Site
control agreement" and "exclusive use agreement" also include a
manufacturer restricting the ability of a dealer to transfer,
sell, or lease the dealership premises by right of first
refusal to purchase or lease, option to purchase, or option to
lease if the transfer, sale, or lease of the dealership
premises is to a person who is an immediate family member of
the dealer. For the purposes of this subsection (g), "immediate
family member" means a spouse, parent, son, daughter,
son-in-law, daughter-in-law, brother, and sister.
If a manufacturer exercises any right of first refusal to
purchase or lease or option to purchase or lease with regard to
a transfer, sale, or lease of the dealership premises to a
person who is not an immediate family member of the dealer,
then (1) within 60 days from the receipt of the completed
application forms generally utilized by a manufacturer to
conduct its review and a copy of all agreements regarding the
proposed transfer, the manufacturer must notify the dealer of
its intent to exercise the right of first refusal to purchase
or lease or option to purchase or lease and (2) the exercise of
the right of first refusal to purchase or lease or option to
purchase or lease must result in the dealer receiving
consideration, terms, and conditions that either are the same
as or greater than that which they have contracted to receive

HB4049 Enrolled - 2038 - LRB099 03667 KTG 23678 b
in connection with the proposed transfer, sale, or lease of the
dealership premises.
Any provision contained in any agreement entered into on or
after the effective date of this amendatory Act of the 96th
General Assembly that is inconsistent with the provisions of
this subsection (g) shall be voidable at the election of the
affected dealer, prospective dealer, or owner of an interest in
the dealership facility.
(h) For purposes of this subsection:
"Successor manufacturer" means any motor vehicle
manufacturer that, on or after January 1, 2009, acquires,
succeeds to, or assumes any part of the business of another
manufacturer, referred to as the "predecessor manufacturer",
as the result of any of the following:
(i) A change in ownership, operation, or control of the
predecessor manufacturer by sale or transfer of assets,
corporate stock or other equity interest, assignment,
merger, consolidation, combination, joint venture,
redemption, court-approved sale, operation of law or
otherwise.
(ii) The termination, suspension, or cessation of a
part or all of the business operations of the predecessor
manufacturer.
(iii) The discontinuance of the sale of the product
line.
(iv) A change in distribution system by the predecessor

HB4049 Enrolled - 2039 - LRB099 03667 KTG 23678 b
manufacturer, whether through a change in distributor or
the predecessor manufacturer's decision to cease
conducting business through a distributor altogether.
"Former Franchisee" means a new motor vehicle dealer that
has entered into a franchise with a predecessor manufacturer
and that has either:
(i) entered into a termination agreement or deferred
termination agreement with a predecessor or successor
manufacturer related to such franchise; or
(ii) has had such franchise canceled, terminated,
nonrenewed, noncontinued, rejected, nonassumed, or
otherwise ended.
For a period of 3 years from: (i) the date that a successor
manufacturer acquires, succeeds to, or assumes any part of the
business of a predecessor manufacturer; (ii) the last day that
a former franchisee is authorized to remain in business as a
franchised dealer with respect to a particular franchise under
a termination agreement or deferred termination agreement with
a predecessor or successor manufacturer; (iii) the last day
that a former franchisee that was cancelled, terminated,
nonrenewed, noncontinued, rejected, nonassumed, or otherwise
ended by a predecessor or successor manufacturer is authorized
to remain in business as a franchised dealer with respect to a
particular franchise; or (iv) the effective date of this
amendatory Act of the 96th General Assembly, whichever is
latest, it shall be unlawful for such successor manufacturer to

HB4049 Enrolled - 2040 - LRB099 03667 KTG 23678 b
enter into a same line make franchise with any person or to
permit the relocation of any existing same line make franchise,
for a line make of the predecessor manufacturer that would be
located or relocated within the relevant market area of a
former franchisee who owned or leased a dealership facility in
that relevant market area without first offering the additional
or relocated franchise to the former franchisee, or the
designated successor of such former franchisee in the event the
former franchisee is deceased or a person with a disability
disabled, at no cost and without any requirements or
restrictions other than those imposed generally on the
manufacturer's other franchisees at that time, unless one of
the following applies:
(1) As a result of the former franchisee's
cancellation, termination, noncontinuance, or nonrenewal
of the franchise, the predecessor manufacturer had
consolidated the line make with another of its line makes
for which the predecessor manufacturer had a franchisee
with a then-existing dealership facility located within
that relevant market area.
(2) The successor manufacturer has paid the former
franchisee, or the designated successor of such former
franchisee in the event the former franchisee is deceased
or a person with a disability disabled, the fair market
value of the former franchisee's franchise on (i) the date
the franchisor announces the action which results in the

HB4049 Enrolled - 2041 - LRB099 03667 KTG 23678 b
termination, cancellation, or nonrenewal; or (ii) the date
the action which results in termination, cancellation, or
nonrenewal first became general knowledge; or (iii) the day
12 months prior to the date on which the notice of
termination, cancellation, or nonrenewal is issued,
whichever amount is higher. Payment is due within 90 days
of the effective date of the termination, cancellation, or
nonrenewal. If the termination, cancellation, or
nonrenewal is due to a manufacturer's change in
distributors, the manufacturer may avoid paying fair
market value to the dealer if the new distributor or the
manufacturer offers the dealer a franchise agreement with
terms acceptable to the dealer.
(3) The successor manufacturer proves that it would
have had good cause to terminate the franchise agreement of
the former franchisee, or the successor of the former
franchisee under item (e)(10) in the event that the former
franchisee is deceased or a person with a disability
disabled. The determination of whether the successor
manufacturer would have had good cause to terminate the
franchise agreement of the former franchisee, or the
successor of the former franchisee, shall be made by the
Board under subsection (d) of Section 12. A successor
manufacturer that seeks to assert that it would have had
good cause to terminate a former franchisee, or the
successor of the former franchisee, must file a petition

HB4049 Enrolled - 2042 - LRB099 03667 KTG 23678 b
seeking a hearing on this issue before the Board and shall
have the burden of proving that it would have had good
cause to terminate the former franchisee or the successor
of the former franchisee. No successor dealer, other than
the former franchisee, may be appointed or franchised by
the successor manufacturer within the relevant market area
of the former franchisee until the Board has held a hearing
and rendered a determination on the issue of whether the
successor manufacturer would have had good cause to
terminate the former franchisee.
In the event that a successor manufacturer attempts to
enter into a same line make franchise with any person or to
permit the relocation of any existing line make franchise under
this subsection (h) at a location that is within the relevant
market area of 2 or more former franchisees, then the successor
manufacturer may not offer it to any person other than one of
those former franchisees unless the successor manufacturer can
prove that at least one of the 3 exceptions in items (1), (2),
and (3) of this subsection (h) applies to each of those former
franchisees.
(Source: P.A. 96-11, eff. 5-22-09; 96-824, eff. 11-25-09.)
Section 1050. The Minimum Wage Law is amended by changing
Sections 4 and 10 as follows:
(820 ILCS 105/4) (from Ch. 48, par. 1004)

HB4049 Enrolled - 2043 - LRB099 03667 KTG 23678 b
Sec. 4. (a)(1) Every employer shall pay to each of his
employees in every occupation wages of not less than $2.30 per
hour or in the case of employees under 18 years of age wages of
not less than $1.95 per hour, except as provided in Sections 5
and 6 of this Act, and on and after January 1, 1984, every
employer shall pay to each of his employees in every occupation
wages of not less than $2.65 per hour or in the case of
employees under 18 years of age wages of not less than $2.25
per hour, and on and after October 1, 1984 every employer shall
pay to each of his employees in every occupation wages of not
less than $3.00 per hour or in the case of employees under 18
years of age wages of not less than $2.55 per hour, and on or
after July 1, 1985 every employer shall pay to each of his
employees in every occupation wages of not less than $3.35 per
hour or in the case of employees under 18 years of age wages of
not less than $2.85 per hour, and from January 1, 2004 through
December 31, 2004 every employer shall pay to each of his or
her employees who is 18 years of age or older in every
occupation wages of not less than $5.50 per hour, and from
January 1, 2005 through June 30, 2007 every employer shall pay
to each of his or her employees who is 18 years of age or older
in every occupation wages of not less than $6.50 per hour, and
from July 1, 2007 through June 30, 2008 every employer shall
pay to each of his or her employees who is 18 years of age or
older in every occupation wages of not less than $7.50 per
hour, and from July 1, 2008 through June 30, 2009 every

HB4049 Enrolled - 2044 - LRB099 03667 KTG 23678 b
employer shall pay to each of his or her employees who is 18
years of age or older in every occupation wages of not less
than $7.75 per hour, and from July 1, 2009 through June 30,
2010 every employer shall pay to each of his or her employees
who is 18 years of age or older in every occupation wages of
not less than $8.00 per hour, and on and after July 1, 2010
every employer shall pay to each of his or her employees who is
18 years of age or older in every occupation wages of not less
than $8.25 per hour.
(2) Unless an employee's wages are reduced under Section 6,
then in lieu of the rate prescribed in item (1) of this
subsection (a), an employer may pay an employee who is 18 years
of age or older, during the first 90 consecutive calendar days
after the employee is initially employed by the employer, a
wage that is not more than 50¢ less than the wage prescribed in
item (1) of this subsection (a); however, an employer shall pay
not less than the rate prescribed in item (1) of this
subsection (a) to:
(A) a day or temporary laborer, as defined in Section 5
of the Day and Temporary Labor Services Act, who is 18
years of age or older; and
(B) an employee who is 18 years of age or older and
whose employment is occasional or irregular and requires
not more than 90 days to complete.
(3) At no time shall the wages paid to any employee under
18 years of age be more than 50¢ less than the wage required to

HB4049 Enrolled - 2045 - LRB099 03667 KTG 23678 b
be paid to employees who are at least 18 years of age under
item (1) of this subsection (a).
(b) No employer shall discriminate between employees on the
basis of sex or mental or physical disability handicap, except
as otherwise provided in this Act by paying wages to employees
at a rate less than the rate at which he pays wages to
employees for the same or substantially similar work on jobs
the performance of which requires equal skill, effort, and
responsibility, and which are performed under similar working
conditions, except where such payment is made pursuant to (1) a
seniority system; (2) a merit system; (3) a system which
measures earnings by quantity or quality of production; or (4)
a differential based on any other factor other than sex or
mental or physical disability handicap, except as otherwise
provided in this Act.
(c) Every employer of an employee engaged in an occupation
in which gratuities have customarily and usually constituted
and have been recognized as part of the remuneration for hire
purposes is entitled to an allowance for gratuities as part of
the hourly wage rate provided in Section 4, subsection (a) in
an amount not to exceed 40% of the applicable minimum wage
rate. The Director shall require each employer desiring an
allowance for gratuities to provide substantial evidence that
the amount claimed, which may not exceed 40% of the applicable
minimum wage rate, was received by the employee in the period
for which the claim of exemption is made, and no part thereof

HB4049 Enrolled - 2046 - LRB099 03667 KTG 23678 b
was returned to the employer.
(d) No camp counselor who resides on the premises of a
seasonal camp of an organized not-for-profit corporation shall
be subject to the adult minimum wage if the camp counselor (1)
works 40 or more hours per week, and (2) receives a total
weekly salary of not less than the adult minimum wage for a
40-hour week. If the counselor works less than 40 hours per
week, the counselor shall be paid the minimum hourly wage for
each hour worked. Every employer of a camp counselor under this
subsection is entitled to an allowance for meals and lodging as
part of the hourly wage rate provided in Section 4, subsection
(a), in an amount not to exceed 25% of the minimum wage rate.
(e) A camp counselor employed at a day camp is not subject
to the adult minimum wage if the camp counselor is paid a
stipend on a onetime or periodic basis and, if the camp
counselor is a minor, the minor's parent, guardian or other
custodian has consented in writing to the terms of payment
before the commencement of such employment.
(Source: P.A. 94-1072, eff. 7-1-07; 94-1102, eff. 7-1-07;
95-945, eff. 1-1-09.)
(820 ILCS 105/10) (from Ch. 48, par. 1010)
Sec. 10. (a) The Director shall make and revise
administrative regulations, including definitions of terms, as
he deems appropriate to carry out the purposes of this Act, to
prevent the circumvention or evasion thereof, and to safeguard

HB4049 Enrolled - 2047 - LRB099 03667 KTG 23678 b
the minimum wage established by the Act. Regulations governing
employment of learners may be issued only after notice and
opportunity for public hearing, as provided in subsection (c)
of this Section.
(b) In order to prevent curtailment of opportunities for
employment, avoid undue hardship, and safeguard the minimum
wage rate under this Act, the Director may also issue
regulations providing for the employment of workers with
disabilities handicapped workers at wages lower than the wage
rate applicable under this Act, under permits and for such
periods of time as specified therein; and providing for the
employment of learners at wages lower than the wage rate
applicable under this Act. However, such regulation shall not
permit lower wages for persons with disabilities the
handicapped on any basis that is unrelated to such person's
ability resulting from his disability handicap, and such
regulation may be issued only after notice and opportunity for
public hearing as provided in subsection (c) of this Section.
(c) Prior to the adoption, amendment or repeal of any rule
or regulation by the Director under this Act, except
regulations which concern only the internal management of the
Department of Labor and do not affect any public right provided
by this Act, the Director shall give proper notice to persons
in any industry or occupation that may be affected by the
proposed rule or regulation, and hold a public hearing on his
proposed action at which any such affected person, or his duly

HB4049 Enrolled - 2048 - LRB099 03667 KTG 23678 b
authorized representative, may attend and testify or present
other evidence for or against such proposed rule or regulation.
Rules and regulations adopted under this Section shall be filed
with the Secretary of State in compliance with "An Act
concerning administrative rules", as now or hereafter amended.
Such adopted and filed rules and regulations shall become
effective 10 days after copies thereof have been mailed by the
Department to persons in industries affected thereby at their
last known address.
(d) The commencement of proceedings by any person aggrieved
by an administrative regulation issued under this Act does not,
unless specifically ordered by the Court, operate as a stay of
that administrative regulation against other persons. The
Court shall not grant any stay of an administrative regulation
unless the person complaining of such regulation files in the
Court an undertaking with a surety or sureties satisfactory to
the Court for the payment to the employees affected by the
regulation, in the event such regulation is affirmed, of the
amount by which the compensation such employees are entitled to
receive under the regulation exceeds the compensation they
actually receive while such stay is in effect.
(Source: P.A. 77-1451.)
Section 1055. The Workers' Compensation Act is amended by
changing Sections 6 and 17 as follows:

HB4049 Enrolled - 2049 - LRB099 03667 KTG 23678 b
(820 ILCS 305/6) (from Ch. 48, par. 138.6)
Sec. 6. (a) Every employer within the provisions of this
Act, shall, under the rules and regulations prescribed by the
Commission, post printed notices in their respective places of
employment in such number and at such places as may be
determined by the Commission, containing such information
relative to this Act as in the judgment of the Commission may
be necessary to aid employees to safeguard their rights under
this Act in event of injury.
In addition thereto, the employer shall post in a
conspicuous place on the place of the employment a printed or
typewritten notice stating whether he is insured or whether he
has qualified and is operating as a self-insured employer. In
the event the employer is insured, the notice shall state the
name and address of his insurance carrier, the number of the
insurance policy, its effective date and the date of
termination. In the event of the termination of the policy for
any reason prior to the termination date stated, the posted
notice shall promptly be corrected accordingly. In the event
the employer is operating as a self-insured employer the notice
shall state the name and address of the company, if any,
servicing the compensation payments of the employer, and the
name and address of the person in charge of making compensation
payments.
(b) Every employer subject to this Act shall maintain
accurate records of work-related deaths, injuries and illness

HB4049 Enrolled - 2050 - LRB099 03667 KTG 23678 b
other than minor injuries requiring only first aid treatment
and which do not involve medical treatment, loss of
consciousness, restriction of work or motion, or transfer to
another job and file with the Commission, in writing, a report
of all accidental deaths, injuries and illnesses arising out of
and in the course of the employment resulting in the loss of
more than 3 scheduled work days. In the case of death such
report shall be made no later than 2 working days following the
accidental death. In all other cases such report shall be made
between the 15th and 25th of each month unless required to be
made sooner by rule of the Commission. In case the injury
results in permanent disability, a further report shall be made
as soon as it is determined that such permanent disability has
resulted or will result from the injury. All reports shall
state the date of the injury, including the time of day or
night, the nature of the employer's business, the name,
address, age, sex, conjugal condition of the injured person,
the specific occupation of the injured person, the direct cause
of the injury and the nature of the accident, the character of
the injury, the length of disability, and in case of death the
length of disability before death, the wages of the injured
person, whether compensation has been paid to the injured
person, or to his or her legal representative or his heirs or
next of kin, the amount of compensation paid, the amount paid
for physicians', surgeons' and hospital bills, and by whom
paid, and the amount paid for funeral or burial expenses if

HB4049 Enrolled - 2051 - LRB099 03667 KTG 23678 b
known. The reports shall be made on forms and in the manner as
prescribed by the Commission and shall contain such further
information as the Commission shall deem necessary and require.
The making of these reports releases the employer from making
such reports to any other officer of the State and shall
satisfy the reporting provisions as contained in the Safety
Inspection and Education Act, the Health and Safety Act, and
the Occupational Safety and Health Act. The reports filed with
the Commission pursuant to this Section shall be made available
by the Commission to the Director of Labor or his
representatives and to all other departments of the State of
Illinois which shall require such information for the proper
discharge of their official duties. Failure to file with the
Commission any of the reports required in this Section is a
petty offense.
Except as provided in this paragraph, all reports filed
hereunder shall be confidential and any person having access to
such records filed with the Illinois Workers' Compensation
Commission as herein required, who shall release any
information therein contained including the names or otherwise
identify any persons sustaining injuries or disabilities, or
give access to such information to any unauthorized person,
shall be subject to discipline or discharge, and in addition
shall be guilty of a Class B misdemeanor. The Commission shall
compile and distribute to interested persons aggregate
statistics, taken from the reports filed hereunder. The

HB4049 Enrolled - 2052 - LRB099 03667 KTG 23678 b
aggregate statistics shall not give the names or otherwise
identify persons sustaining injuries or disabilities or the
employer of any injured person or person with a disability or
disabled person.
(c) Notice of the accident shall be given to the employer
as soon as practicable, but not later than 45 days after the
accident. Provided:
(1) In case of the legal disability of the employee or
any dependent of a deceased employee who may be entitled to
compensation under the provisions of this Act, the
limitations of time by this Act provided do not begin to
run against such person under legal disability until a
guardian has been appointed.
(2) In cases of injuries sustained by exposure to
radiological materials or equipment, notice shall be given
to the employer within 90 days subsequent to the time that
the employee knows or suspects that he has received an
excessive dose of radiation.
No defect or inaccuracy of such notice shall be a bar to
the maintenance of proceedings on arbitration or otherwise by
the employee unless the employer proves that he is unduly
prejudiced in such proceedings by such defect or inaccuracy.
Notice of the accident shall give the approximate date and
place of the accident, if known, and may be given orally or in
writing.
(d) Every employer shall notify each injured employee who

HB4049 Enrolled - 2053 - LRB099 03667 KTG 23678 b
has been granted compensation under the provisions of Section 8
of this Act of his rights to rehabilitation services and advise
him of the locations of available public rehabilitation centers
and any other such services of which the employer has
knowledge.
In any case, other than one where the injury was caused by
exposure to radiological materials or equipment or asbestos
unless the application for compensation is filed with the
Commission within 3 years after the date of the accident, where
no compensation has been paid, or within 2 years after the date
of the last payment of compensation, where any has been paid,
whichever shall be later, the right to file such application
shall be barred.
In any case of injury caused by exposure to radiological
materials or equipment or asbestos, unless application for
compensation is filed with the Commission within 25 years after
the last day that the employee was employed in an environment
of hazardous radiological activity or asbestos, the right to
file such application shall be barred.
If in any case except one where the injury was caused by
exposure to radiological materials or equipment or asbestos,
the accidental injury results in death application for
compensation for death may be filed with the Commission within
3 years after the date of death where no compensation has been
paid or within 2 years after the date of the last payment of
compensation where any has been paid, whichever shall be later,

HB4049 Enrolled - 2054 - LRB099 03667 KTG 23678 b
but not thereafter.
If an accidental injury caused by exposure to radiological
material or equipment or asbestos results in death within 25
years after the last day that the employee was so exposed
application for compensation for death may be filed with the
Commission within 3 years after the date of death, where no
compensation has been paid, or within 2 years after the date of
the last payment of compensation where any has been paid,
whichever shall be later, but not thereafter.
(e) Any contract or agreement made by any employer or his
agent or attorney with any employee or any other beneficiary of
any claim under the provisions of this Act within 7 days after
the injury shall be presumed to be fraudulent.
(f) Any condition or impairment of health of an employee
employed as a firefighter, emergency medical technician (EMT),
emergency medical technician-intermediate (EMT-I), advanced
emergency medical technician (A-EMT), or paramedic which
results directly or indirectly from any bloodborne pathogen,
lung or respiratory disease or condition, heart or vascular
disease or condition, hypertension, tuberculosis, or cancer
resulting in any disability (temporary, permanent, total, or
partial) to the employee shall be rebuttably presumed to arise
out of and in the course of the employee's firefighting, EMT,
or paramedic employment and, further, shall be rebuttably
presumed to be causally connected to the hazards or exposures
of the employment. This presumption shall also apply to any

HB4049 Enrolled - 2055 - LRB099 03667 KTG 23678 b
hernia or hearing loss suffered by an employee employed as a
firefighter, EMT, EMT-I, A-EMT, or paramedic. However, this
presumption shall not apply to any employee who has been
employed as a firefighter, EMT, or paramedic for less than 5
years at the time he or she files an Application for Adjustment
of Claim concerning this condition or impairment with the
Illinois Workers' Compensation Commission. The rebuttable
presumption established under this subsection, however, does
not apply to an emergency medical technician (EMT), emergency
medical technician-intermediate (EMT-I), advanced emergency
medical technician (A-EMT), or paramedic employed by a private
employer if the employee spends the preponderance of his or her
work time for that employer engaged in medical transfers
between medical care facilities or non-emergency medical
transfers to or from medical care facilities. The changes made
to this subsection by Public Act 98-291 shall be narrowly
construed. The Finding and Decision of the Illinois Workers'
Compensation Commission under only the rebuttable presumption
provision of this subsection shall not be admissible or be
deemed res judicata in any disability claim under the Illinois
Pension Code arising out of the same medical condition;
however, this sentence makes no change to the law set forth in
Krohe v. City of Bloomington, 204 Ill.2d 392.
(Source: P.A. 98-291, eff. 1-1-14; 98-874, eff. 1-1-15; 98-973,
eff. 8-15-14; revised 10-1-14.)

HB4049 Enrolled - 2056 - LRB099 03667 KTG 23678 b
(820 ILCS 305/17) (from Ch. 48, par. 138.17)
Sec. 17. The Commission shall cause to be printed and
furnish free of charge upon request by any employer or employee
such blank forms as may facilitate or promote efficient
administration and the performance of the duties of the
Commission. It shall provide a proper record in which shall be
entered and indexed the name of any employer who shall file a
notice of declination or withdrawal under this Act, and the
date of the filing thereof; and a proper record in which shall
be entered and indexed the name of any employee who shall file
such notice of declination or withdrawal, and the date of the
filing thereof; and such other notices as may be required by
this Act; and records in which shall be recorded all
proceedings, orders and awards had or made by the Commission or
by the arbitration committees, and such other books or records
as it shall deem necessary, all such records to be kept in the
office of the Commission.
The Commission may destroy all papers and documents which
have been on file for more than 5 years where there is no claim
for compensation pending or where more than 2 years have
elapsed since the termination of the compensation period.
The Commission shall compile and distribute to interested
persons aggregate statistics, taken from any records and
reports in the possession of the Commission. The aggregate
statistics shall not give the names or otherwise identify
persons sustaining injuries or disabilities or the employer of

HB4049 Enrolled - 2057 - LRB099 03667 KTG 23678 b
any injured person or person with a disability or disabled
person.
The Commission is authorized to establish reasonable fees
and methods of payment limited to covering only the costs to
the Commission for processing, maintaining and generating
records or data necessary for the computerized production of
documents, records and other materials except to the extent of
any salaries or compensation of Commission officers or
employees.
All fees collected by the Commission under this Section
shall be deposited in the Statistical Services Revolving Fund
and credited to the account of the Illinois Workers'
Compensation Commission.
(Source: P.A. 93-721, eff. 1-1-05.)
Section 1060. The Workers' Occupational Diseases Act is
amended by changing Sections 5, 6, 10, and 17 as follows:
(820 ILCS 310/5) (from Ch. 48, par. 172.40)
(Text of Section WITH the changes made by P.A. 89-7, which
has been held unconstitutional)
Sec. 5. (a) There is no common law or statutory right to
recover compensation or damages from the employer, his insurer,
his broker, any service organization retained by the employer,
his insurer or his broker to provide safety service, advice or
recommendations for the employer or the agents or employees of

HB4049 Enrolled - 2058 - LRB099 03667 KTG 23678 b
any of them for or on account of any injury to health, disease,
or death therefrom, other than for the compensation herein
provided or for damages as provided in Section 3 of this Act.
This Section shall not affect any right to compensation under
the "Workers' Compensation Act".
No compensation is payable under this Act for any condition
of physical or mental ill-being, disability, disablement, or
death for which compensation is recoverable on account of
accidental injury under the "Workers' Compensation Act".
(b) Where the disablement or death for which compensation
is payable under this Act was caused under circumstances
creating a legal liability for damages on the part of some
person other than his employer to pay damages, then legal
proceedings may be taken against such other person to recover
damages notwithstanding such employer's payment of or
liability to pay compensation under this Act. In such case,
however, if the action against such other person is brought by
the employee with a disability disabled employee or his
personal representative and judgment is obtained and paid or
settlement is made with such other person, either with or
without suit, then from the amount received by such employee or
personal representative there shall be paid to the employer the
amount of compensation paid or to be paid by him to such
employee or personal representative, including amounts paid or
to be paid pursuant to paragraph (a) of Section 8 of the
Workers' Compensation Act as required under Section 7 of this

HB4049 Enrolled - 2059 - LRB099 03667 KTG 23678 b
Act. If the employee or personal representative brings an
action against another person and the other person then brings
an action for contribution against the employer, the amount, if
any, that shall be paid to the employer by the employee or
personal representative pursuant to this Section shall be
reduced by an amount equal to the amount found by the trier of
fact to be the employer's pro rata share of the common
liability in the action.
Out of any reimbursement received by the employer, pursuant
to this Section the employer shall pay his pro rata share of
all costs and reasonably necessary expenses in connection with
such third party claim, action or suit, and where the services
of an attorney at law of the employee or dependents have
resulted in or substantially contributed to the procurement by
suit, settlement or otherwise of the proceeds out of which the
employer is reimbursed, then, in the absence of other
agreement, the employer shall pay such attorney 25% of the
gross amount of such reimbursement.
If the employee with a disability disabled employee or his
personal representative agrees to receive compensation from
the employer or accept from the employer any payment on account
of such compensation, or to institute proceedings to recover
the same, the employer may have or claim a lien upon any award,
judgment or fund out of which such employee might be
compensated from such third party.
In such actions brought by the employee or his personal

HB4049 Enrolled - 2060 - LRB099 03667 KTG 23678 b
representative, he shall forthwith notify his employer by
personal service or registered mail, of such fact and of the
name of the court in which the suit is brought, filing proof
thereof in the action. The employer may, at any time thereafter
join in the action upon his motion so that all orders of court
after hearing and judgment shall be made for his protection. No
release or settlement of claim for damages by reason of such
disability or death, and no satisfaction of judgment in such
proceedings, are valid without the written consent of both
employer and employee or his personal representative, except in
the case of the employers, such consent is not required where
the employer has been fully indemnified or protected by court
order.
In the event the employee or his personal representative
fails to institute a proceeding against such third person at
any time prior to 3 months before such action would be barred
at law the employer may in his own name, or in the name of the
employee or his personal representative, commence a proceeding
against such other person for the recovery of damages on
account of such disability or death to the employee, and out of
any amount recovered the employer shall pay over to the injured
employee or his personal representative all sums collected from
such other person by judgment or otherwise in excess of the
amount of such compensation paid or to be paid under this Act,
including amounts paid or to be paid pursuant to paragraph (a)
of Section 8 of the Workers' Compensation Act as required by

HB4049 Enrolled - 2061 - LRB099 03667 KTG 23678 b
Section 7 of this Act, and costs, attorney's fees and
reasonable expenses as may be incurred by such employer in
making such collection or in enforcing such liability.
This amendatory Act of 1995 applies to causes of action
accruing on or after its effective date.
(Source: P.A. 89-7, eff. 3-9-95.)
(Text of Section WITHOUT the changes made by P.A. 89-7,
which has been held unconstitutional)
Sec. 5. (a) There is no common law or statutory right to
recover compensation or damages from the employer, his insurer,
his broker, any service organization retained by the employer,
his insurer or his broker to provide safety service, advice or
recommendations for the employer or the agents or employees of
any of them for or on account of any injury to health, disease,
or death therefrom, other than for the compensation herein
provided or for damages as provided in Section 3 of this Act.
This Section shall not affect any right to compensation under
the "Workers' Compensation Act".
No compensation is payable under this Act for any condition
of physical or mental ill-being, disability, disablement, or
death for which compensation is recoverable on account of
accidental injury under the "Workers' Compensation Act".
(b) Where the disablement or death for which compensation
is payable under this Act was caused under circumstances
creating a legal liability for damages on the part of some

HB4049 Enrolled - 2062 - LRB099 03667 KTG 23678 b
person other than his employer to pay damages, then legal
proceedings may be taken against such other person to recover
damages notwithstanding such employer's payment of or
liability to pay compensation under this Act. In such case,
however, if the action against such other person is brought by
the employee with a disability disabled employee or his
personal representative and judgment is obtained and paid or
settlement is made with such other person, either with or
without suit, then from the amount received by such employee or
personal representative there shall be paid to the employer the
amount of compensation paid or to be paid by him to such
employee or personal representative, including amounts paid or
to be paid pursuant to paragraph (a) of Section 8 of this Act.
Out of any reimbursement received by the employer, pursuant
to this Section the employer shall pay his pro rata share of
all costs and reasonably necessary expenses in connection with
such third party claim, action or suit, and where the services
of an attorney at law of the employee or dependents have
resulted in or substantially contributed to the procurement by
suit, settlement or otherwise of the proceeds out of which the
employer is reimbursed, then, in the absence of other
agreement, the employer shall pay such attorney 25% of the
gross amount of such reimbursement.
If the employee with a disability disabled employee or his
personal representative agrees to receive compensation from
the employer or accept from the employer any payment on account

HB4049 Enrolled - 2063 - LRB099 03667 KTG 23678 b
of such compensation, or to institute proceedings to recover
the same, the employer may have or claim a lien upon any award,
judgment or fund out of which such employee might be
compensated from such third party.
In such actions brought by the employee or his personal
representative, he shall forthwith notify his employer by
personal service or registered mail, of such fact and of the
name of the court in which the suit is brought, filing proof
thereof in the action. The employer may, at any time thereafter
join in the action upon his motion so that all orders of court
after hearing and judgment shall be made for his protection. No
release or settlement of claim for damages by reason of such
disability or death, and no satisfaction of judgment in such
proceedings, are valid without the written consent of both
employer and employee or his personal representative, except in
the case of the employers, such consent is not required where
the employer has been fully indemnified or protected by court
order.
In the event the employee or his personal representative
fails to institute a proceeding against such third person at
any time prior to 3 months before such action would be barred
at law the employer may in his own name, or in the name of the
employee or his personal representative, commence a proceeding
against such other person for the recovery of damages on
account of such disability or death to the employee, and out of
any amount recovered the employer shall pay over to the injured

HB4049 Enrolled - 2064 - LRB099 03667 KTG 23678 b
employee or his personal representative all sums collected from
such other person by judgment or otherwise in excess of the
amount of such compensation paid or to be paid under this Act,
including amounts paid or to be paid pursuant to paragraph (a)
of Section 8 of this Act, and costs, attorney's fees and
reasonable expenses as may be incurred by such employer in
making such collection or in enforcing such liability.
(Source: P.A. 81-992.)
(820 ILCS 310/6) (from Ch. 48, par. 172.41)
Sec. 6. (a) Every employer operating under the compensation
provisions of this Act, shall post printed notices in their
respective places of employment in conspicuous places and in
such number and at such places as may be determined by the
Commission, containing such information relative to this Act as
in the judgment of the Commission may be necessary to aid
employees to safeguard their rights under this Act.
In addition thereto, the employer shall post in a
conspicuous place on the premises of the employment a printed
or typewritten notice stating whether he is insured or whether
he has qualified and is operating as a self-insured employer.
In the event the employer is insured, the notice shall state
the name and address of his or her insurance carrier, the
number of the insurance policy, its effective date and the date
of termination. In the event of the termination of the policy
for any reason prior to the termination date stated, the posted

HB4049 Enrolled - 2065 - LRB099 03667 KTG 23678 b
notice shall promptly be corrected accordingly. In the event
the employer is operating as a self-insured employer the notice
shall state the name and address of the company, if any,
servicing the compensation payments of the employer, and the
name and address of the person in charge of making compensation
payments.
(b) Every employer subject to this Act shall maintain
accurate records of work-related deaths, injuries and
illnesses other than minor injuries requiring only first aid
treatment and which do not involve medical treatment, loss of
consciousness, restriction of work or motion or transfer to
another job and file with the Illinois Workers' Compensation
Commission, in writing, a report of all occupational diseases
arising out of and in the course of the employment and
resulting in death, or disablement or illness resulting in the
loss of more than 3 scheduled work days. In the case of death
such report shall be made no later than 2 working days
following the occupational death. In all other cases such
report shall be made between the 15th and 25th of each month
unless required to be made sooner by rule of the Illinois
Workers' Compensation Commission. In case the occupational
disease results in permanent disability, a further report shall
be made as soon as it is determined that such permanent
disability has resulted or will result therefrom. All reports
shall state the date of the disablement, the nature of the
employer's business, the name, address, the age, sex, conjugal

HB4049 Enrolled - 2066 - LRB099 03667 KTG 23678 b
condition of the person with a disability disabled person, the
specific occupation of the person, the nature and character of
the occupational disease, the length of disability, and, in
case of death, the length of disability before death, the wages
of the employee, whether compensation has been paid to the
employee, or to his legal representative or his heirs or next
of kin, the amount of compensation paid, the amount paid for
physicians', surgeons' and hospital bills, and by whom paid,
and the amount paid for funeral or burial expenses, if known.
The reports shall be made on forms and in the manner as
prescribed by the Illinois Workers' Compensation Commission
and shall contain such further information as the Commission
shall deem necessary and require. The making of such reports
releases the employer from making such reports to any other
officer of the State and shall satisfy the reporting provisions
as contained in the Safety Inspection and Education Act, the
Health And Safety Act, and the Occupational Safety and Health
Act. The report filed with the Illinois Workers' Compensation
Commission pursuant to the provisions of this Section shall be
made available by the Illinois Workers' Compensation
Commission to the Director of Labor or his representatives, to
the Department of Public Health pursuant to the Illinois Health
and Hazardous Substances Registry Act, and to all other
departments of the State of Illinois which shall require such
information for the proper discharge of their official duties.
Failure to file with the Commission any of the reports required

HB4049 Enrolled - 2067 - LRB099 03667 KTG 23678 b
in this Section is a petty offense.
Except as provided in this paragraph, all reports filed
hereunder shall be confidential and any person having access to
such records filed with the Illinois Workers' Compensation
Commission as herein required, who shall release the names or
otherwise identify any persons sustaining injuries or
disabilities, or gives access to such information to any
unauthorized person, shall be subject to discipline or
discharge, and in addition shall be guilty of a Class B
misdemeanor. The Commission shall compile and distribute to
interested persons aggregate statistics, taken from the
reports filed hereunder. The aggregate statistics shall not
give the names or otherwise identify persons sustaining
injuries or disabilities or the employer of any injured person
or person with a disability or disabled person.
(c) There shall be given notice to the employer of
disablement arising from an occupational disease as soon as
practicable after the date of the disablement. If the
Commission shall find that the failure to give such notice
substantially prejudices the rights of the employer the
Commission in its discretion may order that the right of the
employee to proceed under this Act shall be barred.
In case of legal disability of the employee or any
dependent of a deceased employee who may be entitled to
compensation, under the provisions of this Act, the limitations
of time in this Section of this Act provided shall not begin to

HB4049 Enrolled - 2068 - LRB099 03667 KTG 23678 b
run against such person who is under legal disability until a
conservator or guardian has been appointed. No defect or
inaccuracy of such notice shall be a bar to the maintenance of
proceedings on arbitration or otherwise by the employee unless
the employer proves that he or she is unduly prejudiced in such
proceedings by such defect or inaccuracy. Notice of the
disabling disease may be given orally or in writing. In any
case, other than injury or death caused by exposure to
radiological materials or equipment or asbestos, unless
application for compensation is filed with the Commission
within 3 years after the date of the disablement, where no
compensation has been paid, or within 2 years after the date of
the last payment of compensation, where any has been paid,
whichever shall be later, the right to file such application
shall be barred. If the occupational disease results in death,
application for compensation for death may be filed with the
Commission within 3 years after the date of death where no
compensation has been paid, or within 3 years after the last
payment of compensation, where any has been paid, whichever is
later, but not thereafter.
Effective July 1, 1973 in cases of disability caused by
coal miners pneumoconiosis unless application for compensation
is filed with the Commission within 5 years after the employee
was last exposed where no compensation has been paid, or within
5 years after the last payment of compensation where any has
been paid, the right to file such application shall be barred.

HB4049 Enrolled - 2069 - LRB099 03667 KTG 23678 b
In cases of disability caused by exposure to radiological
materials or equipment or asbestos, unless application for
compensation is filed with the Commission within 25 years after
the employee was so exposed, the right to file such application
shall be barred.
In cases of death occurring within 25 years from the last
exposure to radiological material or equipment or asbestos,
application for compensation must be filed within 3 years of
death where no compensation has been paid, or within 3 years,
after the date of the last payment where any has been paid, but
not thereafter.
(d) Any contract or agreement made by any employer or his
agent or attorney with any employee or any other beneficiary of
any claim under the provisions of this Act within 7 days after
the disablement shall be presumed to be fraudulent.
(Source: P.A. 98-874, eff. 1-1-15.)
(820 ILCS 310/10) (from Ch. 48, par. 172.45)
Sec. 10. The basis for computing the compensation provided
for in Sections 7 and 8 of the Act shall be as follows:
(a) The compensation shall be computed on the basis of the
annual earnings which the person with a disability disabled
person received as salary, wages or earnings if in the
employment of the same employer continuously during the year
next preceding the day of last exposure.
(b) Employment by the same employer shall be taken to mean

HB4049 Enrolled - 2070 - LRB099 03667 KTG 23678 b
employment by the same employer in the grade in which the
employee was employed at the time of the last day of the last
exposure, uninterrupted by absence from work due to illness or
any other unavoidable cause.
(c) If such person has not been engaged in the employment
of the same employer for the full year immediately preceding
the last day of the last exposure, the compensation shall be
computed according to the annual earnings which persons of the
same class in the same employment and same location, (or if
that be impracticable, of neighboring employments of the same
kind) have earned during such period.
(d) As to employees in employments in which it is the
custom to operate throughout the working days of the year, the
annual earnings, if not otherwise determinable, shall be
regarded as 300 times the average daily earnings in such
computation.
(e) As to employees in employments in which it is the
custom to operate for a part of the whole number of working
days in each year, such number, if the annual earnings are not
otherwise determinable, shall be used instead of 300 as a basis
for computing the annual earnings, provided the minimum number
of days which shall be so used for the basis of the year's work
shall be not less than 200.
(f) In the case of injured employees who earn either no
wage or less than the earnings of adult day laborers in the
same line of employment in that locality, the yearly wage shall

HB4049 Enrolled - 2071 - LRB099 03667 KTG 23678 b
be reckoned according to the average annual earnings of adults
of the same class in the same (or if that is impracticable,
then of neighboring) employments.
(g) Earnings, for the purpose of this section, shall be
based on the earnings for the number of hours commonly regarded
as a day's work for that employment, and shall include overtime
earnings. The earnings shall not include any sum which the
employer has been accustomed to pay the employee to cover any
special expense entailed on him by the nature of his
employment.
(h) In computing the compensation to be paid to any
employee, who, before the disablement for which he claims
compensation, was a person with a disability disabled and
drawing compensation under the terms of this Act, the
compensation for each subsequent disablement shall be
apportioned according to the proportion of incapacity and
disability caused by the respective disablements which he may
have suffered.
(i) To determine the amount of compensation for each
installment period, the amount per annum shall be ascertained
pursuant hereto, and such amount divided by the number of
installment periods per annum.
(Source: P.A. 79-78.)
(820 ILCS 310/17) (from Ch. 48, par. 172.52)
Sec. 17. The Commission shall cause to be printed and shall

HB4049 Enrolled - 2072 - LRB099 03667 KTG 23678 b
furnish free of charge upon request by any employer or employee
such blank forms as it shall deem requisite to facilitate or
promote the efficient administration of this Act, and the
performance of the duties of the Commission. It shall provide a
proper record in which shall be entered and indexed the name of
any employer who shall file a notice of election under this
Act, and the date of the filing thereof; and a proper record in
which shall be entered and indexed the name of any employee who
shall file a notice of election, and the date of the filing
thereof; and such other notices as may be required by this Act;
and records in which shall be recorded all proceedings, orders
and awards had or made by the Commission, or by the arbitration
committees, and such other books or records as it shall deem
necessary, all such records to be kept in the office of the
Commission. The Commission, in its discretion, may destroy all
papers and documents except notices of election and waivers
which have been on file for more than five years where there is
no claim for compensation pending, or where more than two years
have elapsed since the termination of the compensation period.
The Commission shall compile and distribute to interested
persons aggregate statistics, taken from any records and
reports in the possession of the Commission. The aggregate
statistics shall not give the names or otherwise identify
persons sustaining injuries or disabilities or the employer of
any injured person or person with a disability or disabled
person.

HB4049 Enrolled - 2073 - LRB099 03667 KTG 23678 b
The Commission is authorized to establish reasonable fees
and methods of payment limited to covering only the costs to
the Commission for processing, maintaining and generating
records or data necessary for the computerized production of
documents, records and other materials except to the extent of
any salaries or compensation of Commission officers or
employees.
All fees collected by the Commission under this Section
shall be deposited in the Statistical Services Revolving Fund
and credited to the account of the Illinois Workers'
Compensation Commission.
(Source: P.A. 93-721, eff. 1-1-05.)
Section 1065. The Unemployment Insurance Act is amended by
changing Section 601 as follows:
(820 ILCS 405/601) (from Ch. 48, par. 431)
Sec. 601. Voluntary leaving.
A. An individual shall be ineligible for benefits for the
week in which he or she has left work voluntarily without good
cause attributable to the employing unit and, thereafter, until
he or she has become reemployed and has had earnings equal to
or in excess of his or her current weekly benefit amount in
each of four calendar weeks which are either for services in
employment, or have been or will be reported pursuant to the
provisions of the Federal Insurance Contributions Act by each

HB4049 Enrolled - 2074 - LRB099 03667 KTG 23678 b
employing unit for which such services are performed and which
submits a statement certifying to that fact.
B. The provisions of this Section shall not apply to an
individual who has left work voluntarily:
1. Because he or she is deemed physically unable to
perform his or her work by a licensed and practicing
physician, or because the individual's assistance is
necessary for the purpose of caring for his or her spouse,
child, or parent who, according to a licensed and
practicing physician or as otherwise reasonably verified,
is in poor physical or mental health or is a person with a
mental or physical disability mentally or physically
disabled and the employer is unable to accommodate the
individual's need to provide such assistance;
2. To accept other bona fide work and, after such
acceptance, the individual is either not unemployed in each
of 2 weeks, or earns remuneration for such work equal to at
least twice his or her current weekly benefit amount;
3. In lieu of accepting a transfer to other work
offered to the individual by the employing unit under the
terms of a collective bargaining agreement or pursuant to
an established employer plan, program, or policy, if the
acceptance of such other work by the individual would
require the separation from that work of another individual
currently performing it;
4. Solely because of the sexual harassment of the

HB4049 Enrolled - 2075 - LRB099 03667 KTG 23678 b
individual by another employee. Sexual harassment means
(1) unwelcome sexual advances, requests for sexual favors,
sexually motivated physical contact or other conduct or
communication which is made a term or condition of the
employment or (2) the employee's submission to or rejection
of such conduct or communication which is the basis for
decisions affecting employment, or (3) when such conduct or
communication has the purpose or effect of substantially
interfering with an individual's work performance or
creating an intimidating, hostile, or offensive working
environment and the employer knows or should know of the
existence of the harassment and fails to take timely and
appropriate action;
5. Which he or she had accepted after separation from
other work, and the work which he or she left voluntarily
would be deemed unsuitable under the provisions of Section
603;
6. (a) Because the individual left work due to verified
domestic violence as defined in Section 103 of the Illinois
Domestic Violence Act of 1986 where the domestic violence
caused the individual to reasonably believe that his or her
continued employment would jeopardize his or her safety or
the safety of his or her spouse, minor child, or parent
if the individual provides the following:
(i) notice to the employing unit of the reason for
the individual's voluntarily leaving; and

HB4049 Enrolled - 2076 - LRB099 03667 KTG 23678 b
(ii) to the Department provides:
(A) an order of protection or other
documentation of equitable relief issued by a
court of competent jurisdiction; or
(B) a police report or criminal charges
documenting the domestic violence; or
(C) medical documentation of the domestic
violence; or
(D) evidence of domestic violence from a
member of the clergy, attorney, counselor, social
worker, health worker or domestic violence shelter
worker.
(b) If the individual does not meet the provisions of
subparagraph (a), the individual shall be held to have
voluntarily terminated employment for the purpose of
determining the individual's eligibility for benefits
pursuant to subsection A.
(c) Notwithstanding any other provision to the
contrary, evidence of domestic violence experienced by an
individual, or his or her spouse, minor child, or parent,
including the individual's statement and corroborating
evidence, shall not be disclosed by the Department unless
consent for disclosure is given by the individual.
7. Because, due to a change in location of employment
of the individual's spouse, the individual left work to
accompany his or her spouse to a place from which it is

HB4049 Enrolled - 2077 - LRB099 03667 KTG 23678 b
impractical to commute or because the individual left
employment to accompany a spouse who has been reassigned
from one military assignment to another. The employer's
account, however, shall not be charged for any benefits
paid out to the individual who leaves work under a
circumstance described in this paragraph.
C. Within 90 days of the effective date of this amendatory
Act of the 96th General Assembly, the Department shall
promulgate rules, pursuant to the Illinois Administrative
Procedure Act and consistent with Section 903(f)(3)(B) of the
Social Security Act, to clarify and provide guidance regarding
eligibility and the prevention of fraud.
(Source: P.A. 95-736, eff. 7-16-08; 96-30, eff. 6-30-09.)
Section 9999. Effective date. This Act takes effect upon
becoming law.
HB4049 Enrolled - 2078 - LRB099 03667 KTG 23678 b
INDEX
Statutes amended in order of appearance
5 ILCS 70/1.37
5 ILCS 70/1.38
5 ILCS 70/1.40 new
5 ILCS 70/1.41 new
5 ILCS 70/1.42 new
5 ILCS 100/5-45 from Ch. 127, par. 1005-45
5 ILCS 100/5-146
5 ILCS 100/5-147
5 ILCS 100/5-148 new
5 ILCS 315/3 from Ch. 48, par. 1603
5 ILCS 340/3 from Ch. 15, par. 503
5 ILCS 345/1 from Ch. 70, par. 91
5 ILCS 375/3 from Ch. 127, par. 523
5 ILCS 410/5
5 ILCS 410/15
5 ILCS 510/0.01 from Ch. 1, par. 3700
10 ILCS 5/1-3 from Ch. 46, par. 1-3
10 ILCS 5/1-10
10 ILCS 5/4-6 from Ch. 46, par. 4-6
10 ILCS 5/4-8.01 from Ch. 46, par. 4-8.01
10 ILCS 5/4-8.02 from Ch. 46, par. 4-8.02
10 ILCS 5/5-5 from Ch. 46, par. 5-5
10 ILCS 5/5-7.01 from Ch. 46, par. 5-7.01
HB4049 Enrolled - 2079 - LRB099 03667 KTG 23678 b
10 ILCS 5/5-7.02 from Ch. 46, par. 5-7.02
10 ILCS 5/6-29 from Ch. 46, par. 6-29
10 ILCS 5/6-35.01 from Ch. 46, par. 6-35.01
10 ILCS 5/6-35.02 from Ch. 46, par. 6-35.02
10 ILCS 5/6-50 from Ch. 46, par. 6-50
10 ILCS 5/7-15 from Ch. 46, par. 7-15
10 ILCS 5/11-4.1 from Ch. 46, par. 11-4.1
10 ILCS 5/11-4.2 from Ch. 46, par. 11-4.2
10 ILCS 5/11-4.3 from Ch. 46, par. 11-4.3
10 ILCS 5/12-1 from Ch. 46, par. 12-1
10 ILCS 5/17-13 from Ch. 46, par. 17-13
10 ILCS 5/17-14 from Ch. 46, par. 17-14
10 ILCS 5/17-17 from Ch. 46, par. 17-17
10 ILCS 5/18-5.1 from Ch. 46, par. 18-5.1
10 ILCS 5/19-5 from Ch. 46, par. 19-5
10 ILCS 5/19-12.1 from Ch. 46, par. 19-12.1
10 ILCS 5/19A-21
10 ILCS 5/19A-40
10 ILCS 5/24-9 from Ch. 46, par. 24-9
10 ILCS 5/24C-11
15 ILCS 20/50-10 was 15 ILCS 20/38.1
15 ILCS 210/1 from Ch. 14, par. 9
15 ILCS 310/18a from Ch. 124, par. 118a
15 ILCS 310/18b from Ch. 124, par. 118b
15 ILCS 310/18c from Ch. 124, par. 118c
15 ILCS 320/18 from Ch. 128, par. 118
HB4049 Enrolled - 2080 - LRB099 03667 KTG 23678 b
15 ILCS 323/5
15 ILCS 323/10
15 ILCS 323/15
15 ILCS 335/2 from Ch. 124, par. 22
15 ILCS 335/4 from Ch. 124, par. 24
15 ILCS 335/4A from Ch. 124, par. 24A
15 ILCS 335/13 from Ch. 124, par. 33
15 ILCS 405/10.05 from Ch. 15, par. 210.05
15 ILCS 405/23.9
15 ILCS 410/18a from Ch. 15, par. 454
15 ILCS 410/18b from Ch. 15, par. 455
15 ILCS 505/16.5
20 ILCS 5/5-550 was 20 ILCS 5/6.23
20 ILCS 40/10
20 ILCS 105/4.02 from Ch. 23, par. 6104.02
20 ILCS 105/4.03 from Ch. 23, par. 6104.03
20 ILCS 105/4.15
20 ILCS 235/15
20 ILCS 301/30-5
20 ILCS 405/405-300 was 20 ILCS 405/67.02
20 ILCS 430/2 from Ch. 127, par. 176d2
20 ILCS 505/5 from Ch. 23, par. 5005
20 ILCS 505/7 from Ch. 23, par. 5007
20 ILCS 505/12.1 from Ch. 23, par. 5012.1
20 ILCS 505/12.2 from Ch. 23, par. 5012.2
20 ILCS 655/9.2 from Ch. 67 1/2, par. 615
HB4049 Enrolled - 2081 - LRB099 03667 KTG 23678 b
20 ILCS 805/805-305 was 20 ILCS 805/63a23
20 ILCS 835/4a from Ch. 105, par. 468.1
20 ILCS 862/34
20 ILCS 1005/1005-155
20 ILCS 1305/1-17
20 ILCS 1305/10-40
20 ILCS 1510/50
20 ILCS 1705/2 from Ch. 91 1/2, par. 100-2
20 ILCS 1705/4 from Ch. 91 1/2, par. 100-4
20 ILCS 1705/7 from Ch. 91 1/2, par. 100-7
20 ILCS 1705/7.2 from Ch. 91 1/2, par. 100-7.2
20 ILCS 1705/11.2 from Ch. 91 1/2, par. 100-11.2
20 ILCS 1705/14 from Ch. 91 1/2, par. 100-14
20 ILCS 1705/15b from Ch. 91 1/2, par. 100-15b
20 ILCS 1705/15.4
20 ILCS 1705/18.2 from Ch. 91 1/2, par. 100-18.2
20 ILCS 1705/21.2 from Ch. 91 1/2, par. 100-21.2
20 ILCS 1705/33.3 from Ch. 91 1/2, par. 100-33.3
20 ILCS 1705/43 from Ch. 91 1/2, par. 100-43
20 ILCS 1705/46 from Ch. 91 1/2, par. 100-46
20 ILCS 1705/54.5
20 ILCS 1705/66 from Ch. 91 1/2, par. 100-66
20 ILCS 1805/28.6
20 ILCS 1805/52 from Ch. 129, par. 220.52
20 ILCS 1815/16 from Ch. 129, par. 244
20 ILCS 1920/2.08 from Ch. 96 1/2, par. 8002.08
HB4049 Enrolled - 2082 - LRB099 03667 KTG 23678 b
20 ILCS 2305/4 from Ch. 111 1/2, par. 22.02
20 ILCS 2310/2310-680
20 ILCS 2405/0.01 from Ch. 23, par. 3429
20 ILCS 2405/3 from Ch. 23, par. 3434
20 ILCS 2405/5b
20 ILCS 2405/10 from Ch. 23, par. 3441
20 ILCS 2405/13 from Ch. 23, par. 3444
20 ILCS 2407/Act title
20 ILCS 2407/52
20 ILCS 2410/7 from Ch. 23, par. 3417
20 ILCS 2421/25
20 ILCS 2705/2705-305
20 ILCS 2705/2705-310
20 ILCS 2705/2705-321
20 ILCS 2805/2.01 from Ch. 126 1/2, par. 67.01
20 ILCS 2805/5 from Ch. 126 1/2, par. 70
20 ILCS 3805/13 from Ch. 67 1/2, par. 313
20 ILCS 3855/1-127
20 ILCS 3955/Act title
20 ILCS 3955/2 from Ch. 91 1/2, par. 702
30 ILCS 105/5.779
30 ILCS 105/6z-71
30 ILCS 105/6z-83
30 ILCS 105/6z-95
30 ILCS 105/8.8 from Ch. 127, par. 144.8
30 ILCS 230/1 from Ch. 127, par. 170
HB4049 Enrolled - 2083 - LRB099 03667 KTG 23678 b
30 ILCS 330/3 from Ch. 127, par. 653
30 ILCS 420/3 from Ch. 127, par. 753
30 ILCS 500/25-60
30 ILCS 575/2
30 ILCS 608/5-10
30 ILCS 740/2-5.1
30 ILCS 740/2-15.2
30 ILCS 740/2-15.3
30 ILCS 750/9-4.3 from Ch. 127, par. 2709-4.3
35 ILCS 5/507XX
35 ILCS 5/917 from Ch. 120, par. 9-917
35 ILCS 105/3-8
35 ILCS 105/3-10
35 ILCS 110/3-8
35 ILCS 110/3-10 from Ch. 120, par. 439.33-10
35 ILCS 115/3-8
35 ILCS 115/3-10 from Ch. 120, par. 439.103-10
35 ILCS 120/2-9
35 ILCS 120/2-10
35 ILCS 143/99-99
35 ILCS 200/9-275
35 ILCS 200/15-10
35 ILCS 200/15-86
35 ILCS 200/15-165
35 ILCS 200/15-168
35 ILCS 200/15-169
HB4049 Enrolled - 2084 - LRB099 03667 KTG 23678 b
35 ILCS 200/15-172
35 ILCS 200/15-175
35 ILCS 200/18-185
35 ILCS 200/20-15
35 ILCS 200/21-27
35 ILCS 405/12 from Ch. 120, par. 405A-12
35 ILCS 515/7 from Ch. 120, par. 1207
35 ILCS 515/7.5
50 ILCS 350/15
50 ILCS 470/31
50 ILCS 750/15.2a from Ch. 134, par. 45.2a
55 ILCS 5/5-1006.7
55 ILCS 105/Act title
55 ILCS 105/1 from Ch. 91 1/2, par. 201
55 ILCS 105/1.1
55 ILCS 105/1.2
60 ILCS 1/30-145
60 ILCS 1/Art. 185 heading
60 ILCS 1/190-10
60 ILCS 1/Art. 225 heading
60 ILCS 1/225-5
60 ILCS 1/260-5
65 ILCS 5/8-3-7a from Ch. 24, par. 8-3-7a
65 ILCS 5/10-5-2 from Ch. 24, par. 10-5-2
65 ILCS 5/11-11.1-1 from Ch. 24, par. 11-11.1-1
65 ILCS 5/11-20-14
HB4049 Enrolled - 2085 - LRB099 03667 KTG 23678 b
65 ILCS 5/11-74.3-6
65 ILCS 5/11-95-13 from Ch. 24, par. 11-95-13
65 ILCS 5/11-95-14 from Ch. 24, par. 11-95-14
70 ILCS 750/25
70 ILCS 805/6 from Ch. 96 1/2, par. 6309
70 ILCS 810/8 from Ch. 96 1/2, par. 6411
70 ILCS 1205/5-8 from Ch. 105, par. 5-8
70 ILCS 1205/5-10 from Ch. 105, par. 5-10
70 ILCS 1205/8-10a from Ch. 105, par. 8-10.1
70 ILCS 1205/8-10b from Ch. 105, par. 8-10.2
70 ILCS 1505/7.06
70 ILCS 1605/15
70 ILCS 1750/10
70 ILCS 2605/9.6d
70 ILCS 3605/27a from Ch. 111 2/3, par. 327a
70 ILCS 3605/28 from Ch. 111 2/3, par. 328
70 ILCS 3605/28a from Ch. 111 2/3, par. 328a
70 ILCS 3605/51
70 ILCS 3605/52
70 ILCS 3610/8.6
70 ILCS 3610/8.7
70 ILCS 3615/1.02 from Ch. 111 2/3, par. 701.02
70 ILCS 3615/3A.15
70 ILCS 3615/3A.16
70 ILCS 3615/3B.14
70 ILCS 3615/3B.15
HB4049 Enrolled - 2086 - LRB099 03667 KTG 23678 b
105 ILCS 5/2-3.83 from Ch. 122, par. 2-3.83
105 ILCS 5/2-3.98 from Ch. 122, par. 2-3.98
105 ILCS 5/10-22.11 from Ch. 122, par. 10-22.11
105 ILCS 5/10-22.33B
105 ILCS 5/14-6.01 from Ch. 122, par. 14-6.01
105 ILCS 5/14-7.02 from Ch. 122, par. 14-7.02
105 ILCS 5/14-7.03 from Ch. 122, par. 14-7.03
105 ILCS 5/14-8.01 from Ch. 122, par. 14-8.01
105 ILCS 5/14-8.02 from Ch. 122, par. 14-8.02
105 ILCS 5/14-8.04 from Ch. 122, par. 14-8.04
105 ILCS 5/14-11.01 from Ch. 122, par. 14-11.01
105 ILCS 5/17-2.11 from Ch. 122, par. 17-2.11
105 ILCS 5/19-1
105 ILCS 5/21B-20
105 ILCS 5/30-14.2 from Ch. 122, par. 30-14.2
105 ILCS 5/34-2.4 from Ch. 122, par. 34-2.4
105 ILCS 5/34-18 from Ch. 122, par. 34-18
105 ILCS 5/34-128 from Ch. 122, par. 34-128
110 ILCS 70/36d from Ch. 24 1/2, par. 38b3
110 ILCS 70/36s from Ch. 24 1/2, par. 38b18
110 ILCS 205/9.16 from Ch. 144, par. 189.16
110 ILCS 305/9 from Ch. 144, par. 30
110 ILCS 330/6 from Ch. 23, par. 1376
110 ILCS 345/1 from Ch. 144, par. 67.1
110 ILCS 345/3 from Ch. 144, par. 67.3
110 ILCS 805/3-20.3.01 from Ch. 122, par. 103-20.3.01
HB4049 Enrolled - 2087 - LRB099 03667 KTG 23678 b
110 ILCS 805/3-49 from Ch. 122, par. 103-49
110 ILCS 947/50
110 ILCS 947/52
110 ILCS 947/55
110 ILCS 947/60
110 ILCS 947/65.15
110 ILCS 947/65.70
110 ILCS 947/105
110 ILCS 967/15-30
110 ILCS 990/1 from Ch. 144, par. 1801
205 ILCS 5/48.1 from Ch. 17, par. 360
205 ILCS 205/4013 from Ch. 17, par. 7304-13
205 ILCS 305/10 from Ch. 17, par. 4411
210 ILCS 9/75
210 ILCS 30/6 from Ch. 111 1/2, par. 4166
210 ILCS 45/2-202 from Ch. 111 1/2, par. 4152-202
210 ILCS 45/3-807
210 ILCS 45/3A-101
210 ILCS 47/1-101.05
210 ILCS 47/1-113
210 ILCS 47/2-202
210 ILCS 65/20 from Ch. 111 1/2, par. 9020
210 ILCS 85/6.09 from Ch. 111 1/2, par. 147.09
210 ILCS 85/6.11 from Ch. 111 1/2, par. 147.11
210 ILCS 135/Act title
210 ILCS 135/3 from Ch. 91 1/2, par. 1703
HB4049 Enrolled - 2088 - LRB099 03667 KTG 23678 b
215 ILCS 5/4 from Ch. 73, par. 616
215 ILCS 5/143.24 from Ch. 73, par. 755.24
215 ILCS 5/143.24a from Ch. 73, par. 755.24a
215 ILCS 5/155.52 from Ch. 73, par. 767.52
215 ILCS 5/236 from Ch. 73, par. 848
215 ILCS 5/356b from Ch. 73, par. 968b
215 ILCS 5/356z.2
215 ILCS 5/357.3 from Ch. 73, par. 969.3
215 ILCS 5/362a from Ch. 73, par. 974a
215 ILCS 5/364 from Ch. 73, par. 976
215 ILCS 5/367b from Ch. 73, par. 979b
215 ILCS 5/367i from Ch. 73, par. 979i
215 ILCS 5/424 from Ch. 73, par. 1031
215 ILCS 5/500-50
215 ILCS 5/500-60
215 ILCS 105/2 from Ch. 73, par. 1302
215 ILCS 125/4-9.1 from Ch. 111 1/2, par. 1409.2-1
215 ILCS 159/50
215 ILCS 165/15a from Ch. 32, par. 609a
220 ILCS 5/13-703 from Ch. 111 2/3, par. 13-703
220 ILCS 5/16-108.5
220 ILCS 10/9 from Ch. 111 2/3, par. 909
225 ILCS 10/2.06 from Ch. 23, par. 2212.06
225 ILCS 10/2.09 from Ch. 23, par. 2212.09
225 ILCS 10/4.2 from Ch. 23, par. 2214.2
225 ILCS 10/7 from Ch. 23, par. 2217
HB4049 Enrolled - 2089 - LRB099 03667 KTG 23678 b
225 ILCS 25/13 from Ch. 111, par. 2313
225 ILCS 46/5
225 ILCS 51/10
225 ILCS 60/23 from Ch. 111, par. 4400-23
225 ILCS 65/65-65 was 225 ILCS 65/15-55
225 ILCS 70/17.1
225 ILCS 100/26 from Ch. 111, par. 4826
225 ILCS 210/2005 from Ch. 96 1/2, par. 1-2005
225 ILCS 410/3B-15
225 ILCS 454/25-40
225 ILCS 460/1 from Ch. 23, par. 5101
225 ILCS 460/11 from Ch. 23, par. 5111
230 ILCS 5/28 from Ch. 8, par. 37-28
230 ILCS 10/6 from Ch. 120, par. 2406
230 ILCS 25/1.3
305 ILCS 5/4-1.1 from Ch. 23, par. 4-1.1
305 ILCS 5/4-1.6 from Ch. 23, par. 4-1.6
305 ILCS 5/4-2 from Ch. 23, par. 4-2
305 ILCS 5/4-3a from Ch. 23, par. 4-3a
305 ILCS 5/5-1 from Ch. 23, par. 5-1
305 ILCS 5/5-1.1 from Ch. 23, par. 5-1.1
305 ILCS 5/5-2 from Ch. 23, par. 5-2
305 ILCS 5/5-4 from Ch. 23, par. 5-4
305 ILCS 5/5-5.4f
305 ILCS 5/5-5.17 from Ch. 23, par. 5-5.17
305 ILCS 5/5-5a from Ch. 23, par. 5-5a
HB4049 Enrolled - 2090 - LRB099 03667 KTG 23678 b
305 ILCS 5/5-13 from Ch. 23, par. 5-13
305 ILCS 5/Art. V-C
heading
305 ILCS 5/5C-1 from Ch. 23, par. 5C-1
305 ILCS 5/5C-2 from Ch. 23, par. 5C-2
305 ILCS 5/5C-3 from Ch. 23, par. 5C-3
305 ILCS 5/5C-4 from Ch. 23, par. 5C-4
305 ILCS 5/5C-5 from Ch. 23, par. 5C-5
305 ILCS 5/5C-6 from Ch. 23, par. 5C-6
305 ILCS 5/5C-7 from Ch. 23, par. 5C-7
305 ILCS 5/5C-8 from Ch. 23, par. 5C-8
305 ILCS 5/5C-10
305 ILCS 5/6-1.2 from Ch. 23, par. 6-1.2
305 ILCS 5/6-2 from Ch. 23, par. 6-2
305 ILCS 5/6-11 from Ch. 23, par. 6-11
305 ILCS 5/11-20 from Ch. 23, par. 11-20
305 ILCS 5/12-4.42
305 ILCS 5/12-5 from Ch. 23, par. 12-5
305 ILCS 20/6 from Ch. 111 2/3, par. 1406
305 ILCS 35/1-2 from Ch. 23, par. 7051-2
305 ILCS 42/10
310 ILCS 10/8.15 from Ch. 67 1/2, par. 8.15
310 ILCS 65/8 from Ch. 67 1/2, par. 1258
310 ILCS 75/2 from Ch. 67 1/2, par. 1352
310 ILCS 75/3 from Ch. 67 1/2, par. 1353
310 ILCS 75/4 from Ch. 67 1/2, par. 1354
HB4049 Enrolled - 2091 - LRB099 03667 KTG 23678 b
310 ILCS 95/10
310 ILCS 95/20
310 ILCS 100/25
315 ILCS 5/20 from Ch. 67 1/2, par. 82
315 ILCS 25/6 from Ch. 67 1/2, par. 91.13
315 ILCS 30/26 from Ch. 67 1/2, par. 91.126
320 ILCS 10/Act title
320 ILCS 10/1.5 from Ch. 23, par. 6201.5
320 ILCS 10/2 from Ch. 23, par. 6202
320 ILCS 10/3 from Ch. 23, par. 6203
320 ILCS 10/5 from Ch. 23, par. 6205
320 ILCS 10/11 from Ch. 23, par. 6211
320 ILCS 20/3.5
320 ILCS 20/8 from Ch. 23, par. 6608
320 ILCS 20/9.5
320 ILCS 20/15.5
320 ILCS 25/Act title
320 ILCS 25/1 from Ch. 67 1/2, par. 401
320 ILCS 25/2 from Ch. 67 1/2, par. 402
320 ILCS 25/3.14 from Ch. 67 1/2, par. 403.14
320 ILCS 25/4 from Ch. 67 1/2, par. 404
320 ILCS 25/9 from Ch. 67 1/2, par. 409
320 ILCS 30/2 from Ch. 67 1/2, par. 452
320 ILCS 30/8 from Ch. 67 1/2, par. 458
320 ILCS 50/5
320 ILCS 55/30
HB4049 Enrolled - 2092 - LRB099 03667 KTG 23678 b
325 ILCS 5/4.4a
325 ILCS 5/7.1 from Ch. 23, par. 2057.1
325 ILCS 5/11.1 from Ch. 23, par. 2061.1
325 ILCS 5/11.5 from Ch. 23, par. 2061.5
325 ILCS 5/11.7 from Ch. 23, par. 2061.7
325 ILCS 25/1 from Ch. 23, par. 6551
330 ILCS 32/20
330 ILCS 35/4 from Ch. 126 1/2, par. 57.64
330 ILCS 45/6 from Ch. 23, par. 3086
330 ILCS 65/Act title
330 ILCS 65/0.01 from Ch. 126 1/2, par. 57.90
330 ILCS 105/1 from Ch. 126 1/2, par. 26
405 ILCS 5/1-106 from Ch. 91 1/2, par. 1-106
405 ILCS 5/1-125 from Ch. 91 1/2, par. 1-125
405 ILCS 5/2-101 from Ch. 91 1/2, par. 2-101
405 ILCS 5/2-108 from Ch. 91 1/2, par. 2-108
405 ILCS 5/2-114 from Ch. 91 1/2, par. 2-114
405 ILCS 5/3-200 from Ch. 91 1/2, par. 3-200
405 ILCS 5/3-400 from Ch. 91 1/2, par. 3-400
405 ILCS 5/Ch. IV heading
405 ILCS 5/4-201 from Ch. 91 1/2, par. 4-201
405 ILCS 5/4-201.1 from Ch. 91 1/2, par. 4-201.1
405 ILCS 5/Ch. IV Art. III
heading
405 ILCS 5/Ch. IV Art. IV
heading
HB4049 Enrolled - 2093 - LRB099 03667 KTG 23678 b
405 ILCS 5/4-400 from Ch. 91 1/2, par. 4-400
405 ILCS 5/Ch. IV Art. V
heading
405 ILCS 5/4-500 from Ch. 91 1/2, par. 4-500
405 ILCS 5/4-701 from Ch. 91 1/2, par. 4-701
405 ILCS 5/5-105 from Ch. 91 1/2, par. 5-105
405 ILCS 5/6-103.1
405 ILCS 5/6-103.2
405 ILCS 20/Act title
405 ILCS 25/Act title
405 ILCS 25/2.03 from Ch. 91 1/2, par. 602.03
405 ILCS 30/Act title
405 ILCS 30/1 from Ch. 91 1/2, par. 901
405 ILCS 30/2 from Ch. 91 1/2, par. 902
405 ILCS 30/3 from Ch. 91 1/2, par. 903
405 ILCS 30/4.4
405 ILCS 40/0.01 from Ch. 91 1/2, par. 1150
405 ILCS 80/2-1 from Ch. 91 1/2, par. 1802-1
405 ILCS 80/2-2 from Ch. 91 1/2, par. 1802-2
405 ILCS 80/2-3 from Ch. 91 1/2, par. 1802-3
405 ILCS 80/2-4 from Ch. 91 1/2, par. 1802-4
405 ILCS 80/2-5 from Ch. 91 1/2, par. 1802-5
405 ILCS 80/2-6 from Ch. 91 1/2, par. 1802-6
405 ILCS 80/2-8 from Ch. 91 1/2, par. 1802-8
405 ILCS 80/2-10 from Ch. 91 1/2, par. 1802-10
405 ILCS 80/2-11 from Ch. 91 1/2, par. 1802-11
HB4049 Enrolled - 2094 - LRB099 03667 KTG 23678 b
405 ILCS 80/2-16 from Ch. 91 1/2, par. 1802-16
405 ILCS 80/3-1 from Ch. 91 1/2, par. 1803-1
405 ILCS 80/3-2 from Ch. 91 1/2, par. 1803-2
405 ILCS 80/3-3 from Ch. 91 1/2, par. 1803-3
405 ILCS 80/3-4 from Ch. 91 1/2, par. 1803-4
405 ILCS 80/3-9.1 from Ch. 91 1/2, par. 1803-9.1
405 ILCS 80/3-11 from Ch. 91 1/2, par. 1803-11
405 ILCS 80/4-1 from Ch. 91 1/2, par. 1804-1
405 ILCS 80/5-1 from Ch. 91 1/2, par. 1805-1
405 ILCS 82/5
405 ILCS 82/15
405 ILCS 82/40
405 ILCS 85/3 from Ch. 91 1/2, par. 2003
410 ILCS 30/1 from Ch. 111 1/2, par. 3901
410 ILCS 205/3 from Ch. 23, par. 2333
410 ILCS 205/7 from Ch. 23, par. 2337
410 ILCS 250/1 from Ch. 111 1/2, par. 2101
410 ILCS 250/2 from Ch. 111 1/2, par. 2102
410 ILCS 250/3 from Ch. 111 1/2, par. 2103
410 ILCS 250/11 from Ch. 111 1/2, par. 2111
425 ILCS 65/9 from Ch. 127 1/2, par. 709
430 ILCS 40/4 from Ch. 111 1/2, par. 294
430 ILCS 65/1.1 from Ch. 38, par. 83-1.1
430 ILCS 65/4 from Ch. 38, par. 83-4
430 ILCS 65/8 from Ch. 38, par. 83-8
430 ILCS 65/8.1 from Ch. 38, par. 83-8.1
HB4049 Enrolled - 2095 - LRB099 03667 KTG 23678 b
430 ILCS 130/10
430 ILCS 130/15
430 ILCS 132/15
510 ILCS 5/15 from Ch. 8, par. 365
510 ILCS 5/15.1
510 ILCS 70/2.01c
510 ILCS 70/7.15
515 ILCS 5/15-5 from Ch. 56, par. 15-5
515 ILCS 5/20-5 from Ch. 56, par. 20-5
520 ILCS 5/2.5
520 ILCS 5/2.33 from Ch. 61, par. 2.33
520 ILCS 5/3.1 from Ch. 61, par. 3.1
625 ILCS 5/3-609 from Ch. 95 1/2, par. 3-609
625 ILCS 5/3-611 from Ch. 95 1/2, par. 3-611
625 ILCS 5/3-616 from Ch. 95 1/2, par. 3-616
625 ILCS 5/3-623 from Ch. 95 1/2, par. 3-623
625 ILCS 5/3-626
625 ILCS 5/3-667
625 ILCS 5/3-683
625 ILCS 5/3-806.3 from Ch. 95 1/2, par. 3-806.3
625 ILCS 5/6-205
625 ILCS 5/6-206
625 ILCS 5/11-208 from Ch. 95 1/2, par. 11-208
625 ILCS 5/11-209 from Ch. 95 1/2, par. 11-209
625 ILCS 5/11-501.7 from Ch. 95 1/2, par. 11-501.7
625 ILCS 5/11-1301.1 from Ch. 95 1/2, par. 11-1301.1
HB4049 Enrolled - 2096 - LRB099 03667 KTG 23678 b
625 ILCS 5/11-1301.2 from Ch. 95 1/2, par. 11-1301.2
625 ILCS 5/11-1301.3 from Ch. 95 1/2, par. 11-1301.3
625 ILCS 5/11-1301.4 from Ch. 95 1/2, par. 11-1301.4
625 ILCS 5/11-1301.5
625 ILCS 5/11-1301.6
625 ILCS 5/11-1301.7
625 ILCS 5/12-401 from Ch. 95 1/2, par. 12-401
625 ILCS 45/3A-15 from Ch. 95 1/2, par. 313A-15
705 ILCS 405/2-3 from Ch. 37, par. 802-3
720 ILCS 5/2-10.1 from Ch. 38, par. 2-10.1
720 ILCS 5/2-15a from Ch. 38, par. 2-15a
720 ILCS 5/9-1 from Ch. 38, par. 9-1
720 ILCS 5/10-1 from Ch. 38, par. 10-1
720 ILCS 5/10-2 from Ch. 38, par. 10-2
720 ILCS 5/10-5 from Ch. 38, par. 10-5
720 ILCS 5/11-1.30 was 720 ILCS 5/12-14
720 ILCS 5/11-1.60 was 720 ILCS 5/12-16
720 ILCS 5/11-14.1
720 ILCS 5/11-14.4
720 ILCS 5/11-18.1 from Ch. 38, par. 11-18.1
720 ILCS 5/11-20.1 from Ch. 38, par. 11-20.1
720 ILCS 5/12-0.1
720 ILCS 5/12-2 from Ch. 38, par. 12-2
720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
720 ILCS 5/12C-10 was 720 ILCS 5/12-21.5
720 ILCS 5/16-30
HB4049 Enrolled - 2097 - LRB099 03667 KTG 23678 b
720 ILCS 5/17-2 from Ch. 38, par. 17-2
720 ILCS 5/17-6 from Ch. 38, par. 17-6
720 ILCS 5/17-6.5
720 ILCS 5/17-10.2 was 720 ILCS 5/17-29
720 ILCS 5/18-1 from Ch. 38, par. 18-1
720 ILCS 5/18-4
720 ILCS 5/24-3 from Ch. 38, par. 24-3
720 ILCS 5/24-3.1 from Ch. 38, par. 24-3.1
720 ILCS 5/48-10
720 ILCS 590/1 from Ch. 38, par. 70-51
725 ILCS 5/102-23
725 ILCS 5/Art. 106B
heading
725 ILCS 5/106B-5
725 ILCS 5/110-5 from Ch. 38, par. 110-5
725 ILCS 5/114-15
725 ILCS 5/115-10 from Ch. 38, par. 115-10
725 ILCS 5/122-2.2
725 ILCS 120/3 from Ch. 38, par. 1403
725 ILCS 207/90
725 ILCS 210/4.10 from Ch. 14, par. 204.10
730 ILCS 5/3-12-16
730 ILCS 5/5-1-8 from Ch. 38, par. 1005-1-8
730 ILCS 5/5-1-13 from Ch. 38, par. 1005-1-13
730 ILCS 5/5-5-3 from Ch. 38, par. 1005-5-3
730 ILCS 5/5-5-3.1 from Ch. 38, par. 1005-5-3.1
HB4049 Enrolled - 2098 - LRB099 03667 KTG 23678 b
730 ILCS 5/5-5-3.2
730 ILCS 5/5-6-3 from Ch. 38, par. 1005-6-3
730 ILCS 5/5-6-3.1 from Ch. 38, par. 1005-6-3.1
730 ILCS 5/5-7-1 from Ch. 38, par. 1005-7-1
735 ILCS 5/13-114 from Ch. 110, par. 13-114
740 ILCS 45/6.1 from Ch. 70, par. 76.1
740 ILCS 110/4 from Ch. 91 1/2, par. 804
740 ILCS 110/12 from Ch. 91 1/2, par. 812
745 ILCS 80/1 from Ch. 70, par. 701
740 ILCS 128/10
750 ILCS 5/216 from Ch. 40, par. 216
750 ILCS 5/513 from Ch. 40, par. 513
750 ILCS 5/601 from Ch. 40, par. 601
750 ILCS 5/607 from Ch. 40, par. 607
750 ILCS 50/12 from Ch. 40, par. 1514
750 ILCS 61/15
750 ILCS 70/10
755 ILCS 5/1-2.17 from Ch. 110 1/2, par. 1-2.17
755 ILCS 5/1-2.23
755 ILCS 5/1-2.24
755 ILCS 5/2-6.2
755 ILCS 5/2-6.6
755 ILCS 5/6-2 from Ch. 110 1/2, par. 6-2
755 ILCS 5/6-6 from Ch. 110 1/2, par. 6-6
755 ILCS 5/6-10 from Ch. 110 1/2, par. 6-10
755 ILCS 5/6-12 from Ch. 110 1/2, par. 6-12
HB4049 Enrolled - 2099 - LRB099 03667 KTG 23678 b
755 ILCS 5/6-13 from Ch. 110 1/2, par. 6-13
755 ILCS 5/6-20 from Ch. 110 1/2, par. 6-20
755 ILCS 5/9-1 from Ch. 110 1/2, par. 9-1
755 ILCS 5/9-3 from Ch. 110 1/2, par. 9-3
755 ILCS 5/9-4 from Ch. 110 1/2, par. 9-4
755 ILCS 5/9-5 from Ch. 110 1/2, par. 9-5
755 ILCS 5/9-6 from Ch. 110 1/2, par. 9-6
755 ILCS 5/9-8 from Ch. 110 1/2, par. 9-8
755 ILCS 5/11-3 from Ch. 110 1/2, par. 11-3
755 ILCS 5/Art. XIa
heading
755 ILCS 5/11a-1 from Ch. 110 1/2, par. 11a-1
755 ILCS 5/11a-2 from Ch. 110 1/2, par. 11a-2
755 ILCS 5/11a-3 from Ch. 110 1/2, par. 11a-3
755 ILCS 5/11a-3.1
755 ILCS 5/11a-3.2
755 ILCS 5/11a-4 from Ch. 110 1/2, par. 11a-4
755 ILCS 5/11a-5 from Ch. 110 1/2, par. 11a-5
755 ILCS 5/11a-6 from Ch. 110 1/2, par. 11a-6
755 ILCS 5/11a-8 from Ch. 110 1/2, par. 11a-8
755 ILCS 5/11a-8.1
755 ILCS 5/11a-10 from Ch. 110 1/2, par. 11a-10
755 ILCS 5/11a-10.2
755 ILCS 5/11a-11 from Ch. 110 1/2, par. 11a-11
755 ILCS 5/11a-12 from Ch. 110 1/2, par. 11a-12
755 ILCS 5/11a-13 from Ch. 110 1/2, par. 11a-13
HB4049 Enrolled - 2100 - LRB099 03667 KTG 23678 b
755 ILCS 5/11a-16 from Ch. 110 1/2, par. 11a-16
755 ILCS 5/11a-17 from Ch. 110 1/2, par. 11a-17
755 ILCS 5/11a-18 from Ch. 110 1/2, par. 11a-18
755 ILCS 5/11a-18.1 from Ch. 110 1/2, par. 11a-18.1
755 ILCS 5/11a-18.2
755 ILCS 5/11a-18.3
755 ILCS 5/11a-20 from Ch. 110 1/2, par. 11a-20
755 ILCS 5/11a-22 from Ch. 110 1/2, par. 11a-22
755 ILCS 5/11a-24
755 ILCS 5/12-2 from Ch. 110 1/2, par. 12-2
755 ILCS 5/12-4 from Ch. 110 1/2, par. 12-4
755 ILCS 5/13-2 from Ch. 110 1/2, par. 13-2
755 ILCS 5/13-3.1 from Ch. 110 1/2, par. 13-3.1
755 ILCS 5/13-5 from Ch. 110 1/2, par. 13-5
755 ILCS 5/18-1.1 from Ch. 110 1/2, par. 18-1.1
755 ILCS 5/18-8 from Ch. 110 1/2, par. 18-8
755 ILCS 5/23-2 from Ch. 110 1/2, par. 23-2
755 ILCS 5/26-3
755 ILCS 5/28-2 from Ch. 110 1/2, par. 28-2
755 ILCS 5/28-3 from Ch. 110 1/2, par. 28-3
755 ILCS 5/28-10 from Ch. 110 1/2, par. 28-10
755 ILCS 45/2-3 from Ch. 110 1/2, par. 802-3
755 ILCS 45/2-6 from Ch. 110 1/2, par. 802-6
755 ILCS 45/3-3 from Ch. 110 1/2, par. 803-3
755 ILCS 45/4-1 from Ch. 110 1/2, par. 804-1
760 ILCS 5/15 from Ch. 17, par. 1685
HB4049 Enrolled - 2101 - LRB099 03667 KTG 23678 b
760 ILCS 5/15.1 from Ch. 17, par. 1685.1
760 ILCS 5/16.1
760 ILCS 5/16.4
760 ILCS 20/19 from Ch. 110 1/2, par. 269
760 ILCS 55/7.5
765 ILCS 101/1-25
765 ILCS 605/18.4 from Ch. 30, par. 318.4
765 ILCS 925/4 from Ch. 67 1/2, par. 904
775 ILCS 5/3-104.1 from Ch. 68, par. 3-104.1
775 ILCS 10/4 from Ch. 29, par. 20
775 ILCS 10/8 from Ch. 29, par. 24
775 ILCS 20/1 from Ch. 29, par. 24a
775 ILCS 20/3 from Ch. 29, par. 24c
775 ILCS 20/7 from Ch. 29, par. 24g
775 ILCS 30/Act title
775 ILCS 30/2 from Ch. 23, par. 3362
775 ILCS 30/3 from Ch. 23, par. 3363
775 ILCS 30/4 from Ch. 23, par. 3364
775 ILCS 30/5 from Ch. 23, par. 3365
775 ILCS 30/6 from Ch. 23, par. 3366
755 ILCS 65/10
815 ILCS 140/1b from Ch. 17, par. 6003
815 ILCS 365/2 from Ch. 121 1/2, par. 1502
815 ILCS 505/2FF
815 ILCS 505/2MM
815 ILCS 515/5 from Ch. 121 1/2, par. 1605
HB4049 Enrolled - 2102 - LRB099 03667 KTG 23678 b