Bill Text: IL SB2902 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Illinois Emergency Employment Development Act. Transfers Workforce Investment Act-related programs from the Department of Commerce and Economic Opportunity to the Department of Workforce Development. Amends the Department of Workforce Development Law of the Civil Administrative Code of Illinois. Renames the Department of Employment Security as the Department of Workforce Development. Adds provisions transferring responsibility for the programs from the Department of Commerce and Economic Opportunity to the Department of Workforce Development, including the Illinois Trade Adjustment Assistance Program and the notice required under the Illinois Worker Adjustment and Retraining Notification Act. Amends the School Code. Adds the Director of Workforce Development as an ex-officio member of the Illinois P-20 Council. Amends related provisions in specified Acts to facilitate these transfers. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB2902 Detail]

Download: Illinois-2013-SB2902-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB2902 Introduced 2/4/2014, by Sen. Mike Jacobs SYNOPSIS AS INTRODUCED:
See Index
Amends the Illinois Emergency Employment Development Act. Transfers Workforce Investment Act-related programs from the Department of Commerce and Economic Opportunity to the Department of Workforce Development. Amends the Department of Workforce Development Law of the Civil Administrative Code of Illinois. Renames the Department of Employment Security as the Department of Workforce Development. Adds provisions transferring responsibility for the programs from the Department of Commerce and Economic Opportunity to the Department of Workforce Development, including the Illinois Trade Adjustment Assistance Program and the notice required under the Illinois Worker Adjustment and Retraining Notification Act. Amends the School Code. Adds the Director of Workforce Development as an ex-officio member of the Illinois P-20 Council. Amends related provisions in specified Acts to facilitate these transfers. Effective immediately.
LRB098 16889 JWD 51964 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
SB2902 LRB098 16889 JWD 51964 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Statute on Statutes is amended by adding
Section 1.40 as follows:
(5 ILCS 70/1.40 new)
Sec. 1.40. Department of Commerce and Economic
Opportunity. On or after the effective date of this amendatory
Act of the 98th General Assembly, references to the Department
of Commerce and Economic Opportunity or the Department of
Commerce and Community Affairs with respect to the
administration of the federal Workforce Investment Act of 1998,
the federal Illinois Trade Adjustment Assistance Program and
the Illinois Worker Adjustment and Retraining Notification Act
shall be construed as references to the Illinois Department of
Workforce Development. On or after the effective date of this
amendatory Act of the 98th General Assembly, all references to
the Director of the Department of Commerce and Economic
Opportunity or the Department of Commerce and Community Affairs
with respect to the administration of the federal Workforce
Investment Act of 1998, the federal Illinois Trade Adjustment
Assistance Program and the Illinois Worker Adjustment and
Retraining Notification Act shall be construed as references to

SB2902 - 2 - LRB098 16889 JWD 51964 b
the Director of Workforce Development.
Section 10. The State Services Assurance Act for FY2008 is
amended by changing Section 3-15 as follows:
(5 ILCS 382/3-15)
Sec. 3-15. Staffing standards. On or before July 1, 2008
each named agency shall increase and maintain the number of
bilingual on-board frontline staff over the levels that it
maintained on June 30, 2007 as follows:
(1) The Department of Corrections shall have at least
40 additional bilingual on-board frontline staff.
(2) Mental health and developmental centers operated
by the Department of Human Services shall have at least 20
additional bilingual on-board frontline staff.
(3) Family and Community Resource Centers operated by
the Department of Human Services shall have at least 100
additional bilingual on-board frontline staff.
(4) The Department of Children and Family Services
shall have at least 40 additional bilingual on-board
frontline staff.
(5) The Department of Veterans Affairs shall have at
least 5 additional bilingual on-board frontline staff.
(6) The Environmental Protection Agency shall have at
least 5 additional bilingual on-board frontline staff.
(7) The Department of Workforce Development Employment

SB2902 - 3 - LRB098 16889 JWD 51964 b
Security shall have at least 10 additional bilingual
on-board frontline staff.
(8) The Department of Natural Resources shall have at
least 5 additional bilingual on-board frontline staff.
(9) The Department of Public Health shall have at least
5 additional bilingual on-board frontline staff.
(10) The Department of State Police shall have at least
5 additional bilingual on-board frontline staff.
(11) The Department of Juvenile Justice shall have at
least 25 additional bilingual on-board frontline staff.
(Source: P.A. 95-707, eff. 1-11-08.)
Section 15. The State Officials and Employees Ethics Act is
amended by changing Section 5-50 as follows:
(5 ILCS 430/5-50)
Sec. 5-50. Ex parte communications; special government
agents.
(a) This Section applies to ex parte communications made to
any agency listed in subsection (e).
(b) "Ex parte communication" means any written or oral
communication by any person that imparts or requests material
information or makes a material argument regarding potential
action concerning regulatory, quasi-adjudicatory, investment,
or licensing matters pending before or under consideration by
the agency. "Ex parte communication" does not include the

SB2902 - 4 - LRB098 16889 JWD 51964 b
following: (i) statements by a person publicly made in a public
forum; (ii) statements regarding matters of procedure and
practice, such as format, the number of copies required, the
manner of filing, and the status of a matter; and (iii)
statements made by a State employee of the agency to the agency
head or other employees of that agency.
(b-5) An ex parte communication received by an agency,
agency head, or other agency employee from an interested party
or his or her official representative or attorney shall
promptly be memorialized and made a part of the record.
(c) An ex parte communication received by any agency,
agency head, or other agency employee, other than an ex parte
communication described in subsection (b-5), shall immediately
be reported to that agency's ethics officer by the recipient of
the communication and by any other employee of that agency who
responds to the communication. The ethics officer shall require
that the ex parte communication be promptly made a part of the
record. The ethics officer shall promptly file the ex parte
communication with the Executive Ethics Commission, including
all written communications, all written responses to the
communications, and a memorandum prepared by the ethics officer
stating the nature and substance of all oral communications,
the identity and job title of the person to whom each
communication was made, all responses made, the identity and
job title of the person making each response, the identity of
each person from whom the written or oral ex parte

SB2902 - 5 - LRB098 16889 JWD 51964 b
communication was received, the individual or entity
represented by that person, any action the person requested or
recommended, and any other pertinent information. The
disclosure shall also contain the date of any ex parte
communication.
(d) "Interested party" means a person or entity whose
rights, privileges, or interests are the subject of or are
directly affected by a regulatory, quasi-adjudicatory,
investment, or licensing matter.
(e) This Section applies to the following agencies:
Executive Ethics Commission
Illinois Commerce Commission
Educational Labor Relations Board
State Board of Elections
Illinois Gaming Board
Health Facilities and Services Review Board
Illinois Workers' Compensation Commission
Illinois Labor Relations Board
Illinois Liquor Control Commission
Pollution Control Board
Property Tax Appeal Board
Illinois Racing Board
Illinois Purchased Care Review Board
Department of State Police Merit Board
Motor Vehicle Review Board
Prisoner Review Board

SB2902 - 6 - LRB098 16889 JWD 51964 b
Civil Service Commission
Personnel Review Board for the Treasurer
Merit Commission for the Secretary of State
Merit Commission for the Office of the Comptroller
Court of Claims
Board of Review of the Department of Workforce
Development Employment Security
Department of Insurance
Department of Professional Regulation and licensing boards
under the Department
Department of Public Health and licensing boards under the
Department
Office of Banks and Real Estate and licensing boards under
the Office
State Employees Retirement System Board of Trustees
Judges Retirement System Board of Trustees
General Assembly Retirement System Board of Trustees
Illinois Board of Investment
State Universities Retirement System Board of Trustees
Teachers Retirement System Officers Board of Trustees
(f) Any person who fails to (i) report an ex parte
communication to an ethics officer, (ii) make information part
of the record, or (iii) make a filing with the Executive Ethics
Commission as required by this Section or as required by
Section 5-165 of the Illinois Administrative Procedure Act
violates this Act.

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(Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09.)
Section 20. The Election Code is amended by changing
Sections 1A-17, 4-6.2, 5-16.2, and 6-50.2 as follows:
(10 ILCS 5/1A-17)
Sec. 1A-17. Voter registration outreach.
(a) The Secretary of State, the Department of Human
Services, the Department of Children and Family Services, the
Department of Public Aid, the Department of Workforce
Development Employment Security, and each public institution
of higher learning in Illinois must make available on its World
Wide Web site a downloadable, printable voter registration form
that complies with the requirements in subsection (d) of
Section 1A-16 for the State Board of Elections' voter
registration form.
(b) Each public institution of higher learning in Illinois
must include voter registration information and a voter
registration form supplied by the State Board of Elections
under subsection (e) of Section 1A-16 in any mailing of student
registration materials to an address located in Illinois. Each
public institution of higher learning must provide voter
registration information and a voter registration form
supplied by the State Board of Elections under subsection (e)
of Section 1A-16 to each person with whom the institution
conducts in-person student registration.

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(c) As used in this Section, a public institution of higher
learning means a public university, college, or community
college in Illinois.
(Source: P.A. 94-645, eff. 8-22-05; incorporates P.A. 94-492,
eff. 1-1-06; 95-331, eff. 8-21-07.)
(10 ILCS 5/4-6.2) (from Ch. 46, par. 4-6.2)
Sec. 4-6.2. (a) The county clerk shall appoint all
municipal and township or road district clerks or their duly
authorized deputies as deputy registrars who may accept the
registration of all qualified residents of the State.
The county clerk shall appoint all precinct
committeepersons in the county as deputy registrars who may
accept the registration of any qualified resident of the State,
except during the 27 days preceding an election.
The county clerk shall appoint each of the following named
persons as deputy registrars upon the written request of such
persons:
1. The chief librarian, or a qualified person
designated by the chief librarian, of any public library
situated within the election jurisdiction, who may accept
the registrations of any qualified resident of the State,
at such library.
2. The principal, or a qualified person designated by
the principal, of any high school, elementary school, or
vocational school situated within the election

SB2902 - 9 - LRB098 16889 JWD 51964 b
jurisdiction, who may accept the registrations of any
qualified resident of the State, at such school. The county
clerk shall notify every principal and vice-principal of
each high school, elementary school, and vocational school
situated within the election jurisdiction of their
eligibility to serve as deputy registrars and offer
training courses for service as deputy registrars at
conveniently located facilities at least 4 months prior to
every election.
3. The president, or a qualified person designated by
the president, of any university, college, community
college, academy or other institution of learning situated
within the election jurisdiction, who may accept the
registrations of any resident of the State, at such
university, college, community college, academy or
institution.
4. A duly elected or appointed official of a bona fide
labor organization, or a reasonable number of qualified
members designated by such official, who may accept the
registrations of any qualified resident of the State.
5. A duly elected or appointed official of a bonafide
State civic organization, as defined and determined by rule
of the State Board of Elections, or qualified members
designated by such official, who may accept the
registration of any qualified resident of the State. In
determining the number of deputy registrars that shall be

SB2902 - 10 - LRB098 16889 JWD 51964 b
appointed, the county clerk shall consider the population
of the jurisdiction, the size of the organization, the
geographic size of the jurisdiction, convenience for the
public, the existing number of deputy registrars in the
jurisdiction and their location, the registration
activities of the organization and the need to appoint
deputy registrars to assist and facilitate the
registration of non-English speaking individuals. In no
event shall a county clerk fix an arbitrary number
applicable to every civic organization requesting
appointment of its members as deputy registrars. The State
Board of Elections shall by rule provide for certification
of bonafide State civic organizations. Such appointments
shall be made for a period not to exceed 2 years,
terminating on the first business day of the month
following the month of the general election, and shall be
valid for all periods of voter registration as provided by
this Code during the terms of such appointments.
6. The Director of Healthcare and Family Services, or a
reasonable number of employees designated by the Director
and located at public aid offices, who may accept the
registration of any qualified resident of the county at any
such public aid office.
7. The Director of the Illinois Department of Workforce
Development Employment Security, or a reasonable number of
employees designated by the Director and located at

SB2902 - 11 - LRB098 16889 JWD 51964 b
unemployment offices, who may accept the registration of
any qualified resident of the county at any such
unemployment office.
8. The president of any corporation as defined by the
Business Corporation Act of 1983, or a reasonable number of
employees designated by such president, who may accept the
registrations of any qualified resident of the State.
If the request to be appointed as deputy registrar is
denied, the county clerk shall, within 10 days after the date
the request is submitted, provide the affected individual or
organization with written notice setting forth the specific
reasons or criteria relied upon to deny the request to be
appointed as deputy registrar.
The county clerk may appoint as many additional deputy
registrars as he considers necessary. The county clerk shall
appoint such additional deputy registrars in such manner that
the convenience of the public is served, giving due
consideration to both population concentration and area. Some
of the additional deputy registrars shall be selected so that
there are an equal number from each of the 2 major political
parties in the election jurisdiction. The county clerk, in
appointing an additional deputy registrar, shall make the
appointment from a list of applicants submitted by the Chairman
of the County Central Committee of the applicant's political
party. A Chairman of a County Central Committee shall submit a
list of applicants to the county clerk by November 30 of each

SB2902 - 12 - LRB098 16889 JWD 51964 b
year. The county clerk may require a Chairman of a County
Central Committee to furnish a supplemental list of applicants.
Deputy registrars may accept registrations at any time
other than the 27 day period preceding an election. All persons
appointed as deputy registrars shall be registered voters
within the county and shall take and subscribe to the following
oath or affirmation:
"I do solemnly swear (or affirm, as the case may be) that I
will support the Constitution of the United States, and the
Constitution of the State of Illinois, and that I will
faithfully discharge the duties of the office of deputy
registrar to the best of my ability and that I will register no
person nor cause the registration of any person except upon his
personal application before me.
............................
(Signature Deputy Registrar)"
This oath shall be administered by the county clerk, or by
one of his deputies, or by any person qualified to take
acknowledgement of deeds and shall immediately thereafter be
filed with the county clerk.
Appointments of deputy registrars under this Section,
except precinct committeemen, shall be for 2-year terms,
commencing on December 1 following the general election of each
even-numbered year; except that the terms of the initial
appointments shall be until December 1st following the next
general election. Appointments of precinct committeemen shall

SB2902 - 13 - LRB098 16889 JWD 51964 b
be for 2-year terms commencing on the date of the county
convention following the general primary at which they were
elected. The county clerk shall issue a certificate of
appointment to each deputy registrar, and shall maintain in his
office for public inspection a list of the names of all
appointees.
(b) The county clerk shall be responsible for training all
deputy registrars appointed pursuant to subsection (a), at
times and locations reasonably convenient for both the county
clerk and such appointees. The county clerk shall be
responsible for certifying and supervising all deputy
registrars appointed pursuant to subsection (a). Deputy
registrars appointed under subsection (a) shall be subject to
removal for cause.
(c) Completed registration materials under the control of
deputy registrars, appointed pursuant to subsection (a), shall
be returned to the appointing election authority by first-class
mail within 2 business days or personal delivery within 7 days,
except that completed registration materials received by the
deputy registrars during the period between the 35th and 28th
day preceding an election shall be returned by the deputy
registrars to the appointing election authority within 48 hours
after receipt thereof. The completed registration materials
received by the deputy registrars on the 28th day preceding an
election shall be returned by the deputy registrars within 24
hours after receipt thereof. Unused materials shall be returned

SB2902 - 14 - LRB098 16889 JWD 51964 b
by deputy registrars appointed pursuant to paragraph 4 of
subsection (a), not later than the next working day following
the close of registration.
(d) The county clerk or board of election commissioners, as
the case may be, must provide any additional forms requested by
any deputy registrar regardless of the number of unaccounted
registration forms the deputy registrar may have in his or her
possession.
(e) No deputy registrar shall engage in any electioneering
or the promotion of any cause during the performance of his or
her duties.
(f) The county clerk shall not be criminally or civilly
liable for the acts or omissions of any deputy registrar. Such
deputy registrars shall not be deemed to be employees of the
county clerk.
(g) Completed registration materials returned by deputy
registrars for persons residing outside the county shall be
transmitted by the county clerk within 2 days after receipt to
the election authority of the person's election jurisdiction of
residence.
(Source: P.A. 97-81, eff. 7-5-11.)
(10 ILCS 5/5-16.2) (from Ch. 46, par. 5-16.2)
Sec. 5-16.2. (a) The county clerk shall appoint all
municipal and township clerks or their duly authorized deputies
as deputy registrars who may accept the registration of all

SB2902 - 15 - LRB098 16889 JWD 51964 b
qualified residents of the State.
The county clerk shall appoint all precinct
committeepersons in the county as deputy registrars who may
accept the registration of any qualified resident of the State,
except during the 27 days preceding an election.
The county clerk shall appoint each of the following named
persons as deputy registrars upon the written request of such
persons:
1. The chief librarian, or a qualified person
designated by the chief librarian, of any public library
situated within the election jurisdiction, who may accept
the registrations of any qualified resident of the State,
at such library.
2. The principal, or a qualified person designated by
the principal, of any high school, elementary school, or
vocational school situated within the election
jurisdiction, who may accept the registrations of any
resident of the State, at such school. The county clerk
shall notify every principal and vice-principal of each
high school, elementary school, and vocational school
situated within the election jurisdiction of their
eligibility to serve as deputy registrars and offer
training courses for service as deputy registrars at
conveniently located facilities at least 4 months prior to
every election.
3. The president, or a qualified person designated by

SB2902 - 16 - LRB098 16889 JWD 51964 b
the president, of any university, college, community
college, academy or other institution of learning situated
within the election jurisdiction, who may accept the
registrations of any resident of the State, at such
university, college, community college, academy or
institution.
4. A duly elected or appointed official of a bona fide
labor organization, or a reasonable number of qualified
members designated by such official, who may accept the
registrations of any qualified resident of the State.
5. A duly elected or appointed official of a bona fide
State civic organization, as defined and determined by rule
of the State Board of Elections, or qualified members
designated by such official, who may accept the
registration of any qualified resident of the State. In
determining the number of deputy registrars that shall be
appointed, the county clerk shall consider the population
of the jurisdiction, the size of the organization, the
geographic size of the jurisdiction, convenience for the
public, the existing number of deputy registrars in the
jurisdiction and their location, the registration
activities of the organization and the need to appoint
deputy registrars to assist and facilitate the
registration of non-English speaking individuals. In no
event shall a county clerk fix an arbitrary number
applicable to every civic organization requesting

SB2902 - 17 - LRB098 16889 JWD 51964 b
appointment of its members as deputy registrars. The State
Board of Elections shall by rule provide for certification
of bona fide State civic organizations. Such appointments
shall be made for a period not to exceed 2 years,
terminating on the first business day of the month
following the month of the general election, and shall be
valid for all periods of voter registration as provided by
this Code during the terms of such appointments.
6. The Director of Healthcare and Family Services, or a
reasonable number of employees designated by the Director
and located at public aid offices, who may accept the
registration of any qualified resident of the county at any
such public aid office.
7. The Director of the Illinois Department of Workforce
Development Employment Security, or a reasonable number of
employees designated by the Director and located at
unemployment offices, who may accept the registration of
any qualified resident of the county at any such
unemployment office.
8. The president of any corporation as defined by the
Business Corporation Act of 1983, or a reasonable number of
employees designated by such president, who may accept the
registrations of any qualified resident of the State.
If the request to be appointed as deputy registrar is
denied, the county clerk shall, within 10 days after the date
the request is submitted, provide the affected individual or

SB2902 - 18 - LRB098 16889 JWD 51964 b
organization with written notice setting forth the specific
reasons or criteria relied upon to deny the request to be
appointed as deputy registrar.
The county clerk may appoint as many additional deputy
registrars as he considers necessary. The county clerk shall
appoint such additional deputy registrars in such manner that
the convenience of the public is served, giving due
consideration to both population concentration and area. Some
of the additional deputy registrars shall be selected so that
there are an equal number from each of the 2 major political
parties in the election jurisdiction. The county clerk, in
appointing an additional deputy registrar, shall make the
appointment from a list of applicants submitted by the Chairman
of the County Central Committee of the applicant's political
party. A Chairman of a County Central Committee shall submit a
list of applicants to the county clerk by November 30 of each
year. The county clerk may require a Chairman of a County
Central Committee to furnish a supplemental list of applicants.
Deputy registrars may accept registrations at any time
other than the 27 day period preceding an election. All persons
appointed as deputy registrars shall be registered voters
within the county and shall take and subscribe to the following
oath or affirmation:
"I do solemnly swear (or affirm, as the case may be) that I
will support the Constitution of the United States, and the
Constitution of the State of Illinois, and that I will

SB2902 - 19 - LRB098 16889 JWD 51964 b
faithfully discharge the duties of the office of deputy
registrar to the best of my ability and that I will register no
person nor cause the registration of any person except upon his
personal application before me.
...............................
(Signature of Deputy Registrar)"
This oath shall be administered by the county clerk, or by
one of his deputies, or by any person qualified to take
acknowledgement of deeds and shall immediately thereafter be
filed with the county clerk.
Appointments of deputy registrars under this Section,
except precinct committeemen, shall be for 2-year terms,
commencing on December 1 following the general election of each
even-numbered year, except that the terms of the initial
appointments shall be until December 1st following the next
general election. Appointments of precinct committeemen shall
be for 2-year terms commencing on the date of the county
convention following the general primary at which they were
elected. The county clerk shall issue a certificate of
appointment to each deputy registrar, and shall maintain in his
office for public inspection a list of the names of all
appointees.
(b) The county clerk shall be responsible for training all
deputy registrars appointed pursuant to subsection (a), at
times and locations reasonably convenient for both the county
clerk and such appointees. The county clerk shall be

SB2902 - 20 - LRB098 16889 JWD 51964 b
responsible for certifying and supervising all deputy
registrars appointed pursuant to subsection (a). Deputy
registrars appointed under subsection (a) shall be subject to
removal for cause.
(c) Completed registration materials under the control of
deputy registrars, appointed pursuant to subsection (a), shall
be returned to the appointing election authority by first-class
mail within 2 business days or personal delivery within 7 days,
except that completed registration materials received by the
deputy registrars during the period between the 35th and 28th
day preceding an election shall be returned by the deputy
registrars to the appointing election authority within 48 hours
after receipt thereof. The completed registration materials
received by the deputy registrars on the 28th day preceding an
election shall be returned by the deputy registrars within 24
hours after receipt thereof. Unused materials shall be returned
by deputy registrars appointed pursuant to paragraph 4 of
subsection (a), not later than the next working day following
the close of registration.
(d) The county clerk or board of election commissioners, as
the case may be, must provide any additional forms requested by
any deputy registrar regardless of the number of unaccounted
registration forms the deputy registrar may have in his or her
possession.
(e) No deputy registrar shall engage in any electioneering
or the promotion of any cause during the performance of his or

SB2902 - 21 - LRB098 16889 JWD 51964 b
her duties.
(f) The county clerk shall not be criminally or civilly
liable for the acts or omissions of any deputy registrar. Such
deputy registers shall not be deemed to be employees of the
county clerk.
(g) Completed registration materials returned by deputy
registrars for persons residing outside the county shall be
transmitted by the county clerk within 2 days after receipt to
the election authority of the person's election jurisdiction of
residence.
(Source: P.A. 97-81, eff. 7-5-11.)
(10 ILCS 5/6-50.2) (from Ch. 46, par. 6-50.2)
Sec. 6-50.2. (a) The board of election commissioners shall
appoint all precinct committeepersons in the election
jurisdiction as deputy registrars who may accept the
registration of any qualified resident of the State, except
during the 27 days preceding an election.
The board of election commissioners shall appoint each of
the following named persons as deputy registrars upon the
written request of such persons:
1. The chief librarian, or a qualified person
designated by the chief librarian, of any public library
situated within the election jurisdiction, who may accept
the registrations of any qualified resident of the State,
at such library.

SB2902 - 22 - LRB098 16889 JWD 51964 b
2. The principal, or a qualified person designated by
the principal, of any high school, elementary school, or
vocational school situated within the election
jurisdiction, who may accept the registrations of any
resident of the State, at such school. The board of
election commissioners shall notify every principal and
vice-principal of each high school, elementary school, and
vocational school situated in the election jurisdiction of
their eligibility to serve as deputy registrars and offer
training courses for service as deputy registrars at
conveniently located facilities at least 4 months prior to
every election.
3. The president, or a qualified person designated by
the president, of any university, college, community
college, academy or other institution of learning situated
within the State, who may accept the registrations of any
resident of the election jurisdiction, at such university,
college, community college, academy or institution.
4. A duly elected or appointed official of a bona fide
labor organization, or a reasonable number of qualified
members designated by such official, who may accept the
registrations of any qualified resident of the State.
5. A duly elected or appointed official of a bona fide
State civic organization, as defined and determined by rule
of the State Board of Elections, or qualified members
designated by such official, who may accept the

SB2902 - 23 - LRB098 16889 JWD 51964 b
registration of any qualified resident of the State. In
determining the number of deputy registrars that shall be
appointed, the board of election commissioners shall
consider the population of the jurisdiction, the size of
the organization, the geographic size of the jurisdiction,
convenience for the public, the existing number of deputy
registrars in the jurisdiction and their location, the
registration activities of the organization and the need to
appoint deputy registrars to assist and facilitate the
registration of non-English speaking individuals. In no
event shall a board of election commissioners fix an
arbitrary number applicable to every civic organization
requesting appointment of its members as deputy
registrars. The State Board of Elections shall by rule
provide for certification of bona fide State civic
organizations. Such appointments shall be made for a period
not to exceed 2 years, terminating on the first business
day of the month following the month of the general
election, and shall be valid for all periods of voter
registration as provided by this Code during the terms of
such appointments.
6. The Director of Healthcare and Family Services, or a
reasonable number of employees designated by the Director
and located at public aid offices, who may accept the
registration of any qualified resident of the election
jurisdiction at any such public aid office.

SB2902 - 24 - LRB098 16889 JWD 51964 b
7. The Director of the Illinois Department of Workforce
Development Employment Security, or a reasonable number of
employees designated by the Director and located at
unemployment offices, who may accept the registration of
any qualified resident of the election jurisdiction at any
such unemployment office. If the request to be appointed as
deputy registrar is denied, the board of election
commissioners shall, within 10 days after the date the
request is submitted, provide the affected individual or
organization with written notice setting forth the
specific reasons or criteria relied upon to deny the
request to be appointed as deputy registrar.
8. The president of any corporation, as defined by the
Business Corporation Act of 1983, or a reasonable number of
employees designated by such president, who may accept the
registrations of any qualified resident of the State.
The board of election commissioners may appoint as many
additional deputy registrars as it considers necessary. The
board of election commissioners shall appoint such additional
deputy registrars in such manner that the convenience of the
public is served, giving due consideration to both population
concentration and area. Some of the additional deputy
registrars shall be selected so that there are an equal number
from each of the 2 major political parties in the election
jurisdiction. The board of election commissioners, in
appointing an additional deputy registrar, shall make the

SB2902 - 25 - LRB098 16889 JWD 51964 b
appointment from a list of applicants submitted by the Chairman
of the County Central Committee of the applicant's political
party. A Chairman of a County Central Committee shall submit a
list of applicants to the board by November 30 of each year.
The board may require a Chairman of a County Central Committee
to furnish a supplemental list of applicants.
Deputy registrars may accept registrations at any time
other than the 27 day period preceding an election. All persons
appointed as deputy registrars shall be registered voters
within the election jurisdiction and shall take and subscribe
to the following oath or affirmation:
"I do solemnly swear (or affirm, as the case may be) that I
will support the Constitution of the United States, and the
Constitution of the State of Illinois, and that I will
faithfully discharge the duties of the office of registration
officer to the best of my ability and that I will register no
person nor cause the registration of any person except upon his
personal application before me.
....................................
(Signature of Registration Officer)"
This oath shall be administered and certified to by one of
the commissioners or by the executive director or by some
person designated by the board of election commissioners, and
shall immediately thereafter be filed with the board of
election commissioners. The members of the board of election
commissioners and all persons authorized by them under the

SB2902 - 26 - LRB098 16889 JWD 51964 b
provisions of this Article to take registrations, after
themselves taking and subscribing to the above oath, are
authorized to take or administer such oaths and execute such
affidavits as are required by this Article.
Appointments of deputy registrars under this Section,
except precinct committeemen, shall be for 2-year terms,
commencing on December 1 following the general election of each
even-numbered year, except that the terms of the initial
appointments shall be until December 1st following the next
general election. Appointments of precinct committeemen shall
be for 2-year terms commencing on the date of the county
convention following the general primary at which they were
elected. The county clerk shall issue a certificate of
appointment to each deputy registrar, and shall maintain in his
office for public inspection a list of the names of all
appointees.
(b) The board of election commissioners shall be
responsible for training all deputy registrars appointed
pursuant to subsection (a), at times and locations reasonably
convenient for both the board of election commissioners and
such appointees. The board of election commissioners shall be
responsible for certifying and supervising all deputy
registrars appointed pursuant to subsection (a). Deputy
registrars appointed under subsection (a) shall be subject to
removal for cause.
(c) Completed registration materials under the control of

SB2902 - 27 - LRB098 16889 JWD 51964 b
deputy registrars appointed pursuant to subsection (a) shall be
returned to the appointing election authority by first-class
mail within 2 business days or personal delivery within 7 days,
except that completed registration materials received by the
deputy registrars during the period between the 35th and 28th
day preceding an election shall be returned by the deputy
registrars to the appointing election authority within 48 hours
after receipt thereof. The completed registration materials
received by the deputy registrars on the 28th day preceding an
election shall be returned by the deputy registrars within 24
hours after receipt thereof. Unused materials shall be returned
by deputy registrars appointed pursuant to paragraph 4 of
subsection (a), not later than the next working day following
the close of registration.
(d) The county clerk or board of election commissioners, as
the case may be, must provide any additional forms requested by
any deputy registrar regardless of the number of unaccounted
registration forms the deputy registrar may have in his or her
possession.
(e) No deputy registrar shall engage in any electioneering
or the promotion of any cause during the performance of his or
her duties.
(f) The board of election commissioners shall not be
criminally or civilly liable for the acts or omissions of any
deputy registrar. Such deputy registrars shall not be deemed to
be employees of the board of election commissioners.

SB2902 - 28 - LRB098 16889 JWD 51964 b
(g) Completed registration materials returned by deputy
registrars for persons residing outside the election
jurisdiction shall be transmitted by the board of election
commissioners within 2 days after receipt to the election
authority of the person's election jurisdiction of residence.
(Source: P.A. 97-81, eff. 7-5-11.)
Section 25. The Illinois Literacy Act is amended by
changing Section 20 as follows:
(15 ILCS 322/20)
Sec. 20. Illinois Literacy Council.
(a) The Council shall facilitate the improvement of
literacy levels of Illinois citizens by providing a forum from
which representatives from throughout the State can promote
literacy, share expertise, and recommend policy.
(b) The Council shall be appointed by and be responsible to
the Governor. The Secretary of State shall serve as chairman.
The Council shall advise the Governor and other agencies on
strategies that address the literacy needs of the State,
especially with respect to the needs of workplace literacy,
family literacy, program evaluation, public awareness, and
public and private partnerships.
(c) The Council will determine its own procedures and the
number, time, place, and conduct of its meetings. It shall meet
at least 4 times a year. The Council may be assisted in its

SB2902 - 29 - LRB098 16889 JWD 51964 b
activities by the Literacy Office. Council members shall not
receive compensation for their services.
(d) The Council's membership shall consist of
representatives of public education, public and private sector
employment, labor organizations, community literacy
organizations, libraries, volunteer organizations, the Office
of the Secretary of State, the Department of Commerce and
Economic Opportunity, the Illinois Community College Board,
the Department of Workforce Development Employment Security,
the Department of Human Services, the State Board of Education,
the Department of Corrections, and the Prairie State 2000
Authority.
(e) The Council members representing State agencies shall
act as an interagency coordinating committee to improve the
system for delivery of literacy services, provide pertinent
information and agency comments to Council members, and
implement the recommendations forwarded by the Council and
approved by the Governor.
(f) The Secretary of State, in consultation with the
Council, shall expend moneys to perform Council functions as
authorized by this Act from the Literacy Advancement Fund, a
special fund hereby created in the State Treasury. All moneys
received from an income tax checkoff for the Literacy
Advancement Fund as provided in Section 507I of the Illinois
Income Tax Act shall be deposited into the Fund.
(Source: P.A. 94-793, eff. 5-19-06.)

SB2902 - 30 - LRB098 16889 JWD 51964 b
Section 30. The State Comptroller Act is amended by
changing Section 9.06 as follows:
(15 ILCS 405/9.06)
Sec. 9.06. Misclassification of employees as independent
contractors. The Department of Labor, the Department of
Workforce Development Employment Security, the Department of
Revenue, the Office of the State Comptroller, and the Illinois
Workers' Compensation Commission shall cooperate under the
Employee Classification Act by sharing information concerning
any suspected misclassification by an employer or entity, as
defined in the Employee Classification Act, or one or more
employees as independent contractors.
(Source: P.A. 95-26, eff. 1-1-08.)
Section 35. The Civil Administrative Code of Illinois is
amended by changing Sections 1-5, 5-15, 5-20, 5-125, 5-340, and
5-540 as follows:
(20 ILCS 5/1-5)
Sec. 1-5. Articles. The Civil Administrative Code of
Illinois consists of the following Articles:
Article 1. General Provisions (20 ILCS 5/1-1 and
following).
Article 5. Departments of State Government Law (20 ILCS

SB2902 - 31 - LRB098 16889 JWD 51964 b
5/5-1 and following).
Article 50. State Budget Law (15 ILCS 20/).
Article 110. Department on Aging Law (20 ILCS 110/).
Article 205. Department of Agriculture Law (20 ILCS 205/).
Article 250. State Fair Grounds Title Law (5 ILCS 620/).
Article 310. Department of Human Services (Alcoholism and
Substance Abuse) Law (20 ILCS 310/).
Article 405. Department of Central Management Services Law
(20 ILCS 405/).
Article 510. Department of Children and Family Services
Powers Law (20 ILCS 510/).
Article 605. Department of Commerce and Economic
Opportunity Law (20 ILCS 605/).
Article 805. Department of Natural Resources
(Conservation) Law (20 ILCS 805/).
Article 1005. Department of Workforce Development
Employment Security Law (20 ILCS 1005/).
Article 1405. Department of Insurance Law (20 ILCS 1405/).
Article 1505. Department of Labor Law (20 ILCS 1505/).
Article 1710. Department of Human Services (Mental Health
and Developmental Disabilities) Law (20 ILCS 1710/).
Article 1905. Department of Natural Resources (Mines and
Minerals) Law (20 ILCS 1905/).
Article 2105. Department of Professional Regulation Law
(20 ILCS 2105/).
Article 2205. Department of Healthcare and Family Services

SB2902 - 32 - LRB098 16889 JWD 51964 b
Law (20 ILCS 2205/).
Article 2310. Department of Public Health Powers and Duties
Law (20 ILCS 2310/).
Article 2505. Department of Revenue Law (20 ILCS 2505/).
Article 2510. Certified Audit Program Law (20 ILCS 2510/).
Article 2605. Department of State Police Law (20 ILCS
2605/).
Article 2705. Department of Transportation Law (20 ILCS
2705/).
Article 3000. University of Illinois Exercise of Functions
and Duties Law (110 ILCS 355/).
(Source: P.A. 95-331, eff. 8-21-07; 96-328, eff. 8-11-09.)
(20 ILCS 5/5-15) (was 20 ILCS 5/3)
Sec. 5-15. Departments of State government. The
Departments of State government are created as follows:
The Department on Aging.
The Department of Agriculture.
The Department of Central Management Services.
The Department of Children and Family Services.
The Department of Commerce and Economic Opportunity.
The Department of Corrections.
The Department of Workforce Development Employment
Security.
The Illinois Emergency Management Agency.
The Department of Financial and Professional Regulation.

SB2902 - 33 - LRB098 16889 JWD 51964 b
The Department of Healthcare and Family Services.
The Department of Human Rights.
The Department of Human Services.
The Department of Juvenile Justice.
The Department of Labor.
The Department of the Lottery.
The Department of Natural Resources.
The Department of Public Health.
The Department of Revenue.
The Department of State Police.
The Department of Transportation.
The Department of Veterans' Affairs.
(Source: P.A. 96-328, eff. 8-11-09; 97-618, eff. 10-26-11.)
(20 ILCS 5/5-20) (was 20 ILCS 5/4)
Sec. 5-20. Heads of departments. Each department shall have
an officer as its head who shall be known as director or
secretary and who shall, subject to the provisions of the Civil
Administrative Code of Illinois, execute the powers and
discharge the duties vested by law in his or her respective
department.
The following officers are hereby created:
Director of Aging, for the Department on Aging.
Director of Agriculture, for the Department of
Agriculture.
Director of Central Management Services, for the

SB2902 - 34 - LRB098 16889 JWD 51964 b
Department of Central Management Services.
Director of Children and Family Services, for the
Department of Children and Family Services.
Director of Commerce and Economic Opportunity, for the
Department of Commerce and Economic Opportunity.
Director of Corrections, for the Department of
Corrections.
Director of the Illinois Emergency Management Agency, for
the Illinois Emergency Management Agency.
Director of Workforce Development Employment Security, for
the Department of Workforce Development Employment Security.
Secretary of Financial and Professional Regulation, for
the Department of Financial and Professional Regulation.
Director of Healthcare and Family Services, for the
Department of Healthcare and Family Services.
Director of Human Rights, for the Department of Human
Rights.
Secretary of Human Services, for the Department of Human
Services.
Director of Juvenile Justice, for the Department of
Juvenile Justice.
Director of Labor, for the Department of Labor.
Director of the Lottery, for the Department of the Lottery.
Director of Natural Resources, for the Department of
Natural Resources.
Director of Public Health, for the Department of Public

SB2902 - 35 - LRB098 16889 JWD 51964 b
Health.
Director of Revenue, for the Department of Revenue.
Director of State Police, for the Department of State
Police.
Secretary of Transportation, for the Department of
Transportation.
Director of Veterans' Affairs, for the Department of
Veterans' Affairs.
(Source: P.A. 97-464, eff. 10-15-11; 97-618, eff. 10-26-11;
97-813, eff. 7-13-12; 98-499, eff. 8-16-13.)
(20 ILCS 5/5-125) (was 20 ILCS 5/5.13i)
Sec. 5-125. In the Department of Workforce Development
Employment Security. The board of review, which shall consist
of 5 members, 2 of whom shall be representative citizens chosen
from the employee class, 2 of whom shall be representative
citizens chosen from the employing class, and one of whom shall
be a representative citizen not identified with either the
employing or employee classes.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 5/5-340) (was 20 ILCS 5/9.30)
Sec. 5-340. In the Department of Workforce Development
Employment Security. The Director of Workforce Development
Employment Security shall receive an annual salary as set by
the Compensation Review Board.

SB2902 - 36 - LRB098 16889 JWD 51964 b
Each member of the Board of Review shall receive $15,000.
(Source: P.A. 96-800, eff. 10-30-09.)
(20 ILCS 5/5-540) (was 20 ILCS 5/6.28 and 5/7.01)
Sec. 5-540. In the Department of Workforce Development
Employment Security. A Workforce Development An Employment
Security Advisory Board, composed of 12 persons. Of the 12
members of the Workforce Development Employment Security
Advisory Board, 4 members shall be representative citizens
chosen from the employee class, 4 members shall be
representative citizens chosen from the employing class, and 4
members shall be representative citizens not identified with
either the employing class or the employee class.
(Source: P.A. 93-634, eff. 1-1-04.)
Section 40. The Illinois Act on the Aging is amended by
changing Section 4.01 as follows:
(20 ILCS 105/4.01) (from Ch. 23, par. 6104.01)
Sec. 4.01. Additional powers and duties of the Department.
In addition to powers and duties otherwise provided by law, the
Department shall have the following powers and duties:
(1) To evaluate all programs, services, and facilities for
the aged and for minority senior citizens within the State and
determine the extent to which present public or private
programs, services and facilities meet the needs of the aged.

SB2902 - 37 - LRB098 16889 JWD 51964 b
(2) To coordinate and evaluate all programs, services, and
facilities for the Aging and for minority senior citizens
presently furnished by State agencies and make appropriate
recommendations regarding such services, programs and
facilities to the Governor and/or the General Assembly.
(2-a) To request, receive, and share information
electronically through the use of data-sharing agreements for
the purpose of (i) establishing and verifying the initial and
continuing eligibility of older adults to participate in
programs administered by the Department; (ii) maximizing
federal financial participation in State assistance
expenditures; and (iii) investigating allegations of fraud or
other abuse of publicly funded benefits. Notwithstanding any
other law to the contrary, but only for the limited purposes
identified in the preceding sentence, this paragraph (2-a)
expressly authorizes the exchanges of income, identification,
and other pertinent eligibility information by and among the
Department and the Social Security Administration, the
Department of Workforce Development Employment Security, the
Department of Healthcare and Family Services, the Department of
Human Services, the Department of Revenue, the Secretary of
State, the U.S. Department of Veterans Affairs, and any other
governmental entity. The confidentiality of information
otherwise shall be maintained as required by law. In addition,
the Department on Aging shall verify employment information at
the request of a community care provider for the purpose of

SB2902 - 38 - LRB098 16889 JWD 51964 b
ensuring program integrity under the Community Care Program.
(3) To function as the sole State agency to develop a
comprehensive plan to meet the needs of the State's senior
citizens and the State's minority senior citizens.
(4) To receive and disburse State and federal funds made
available directly to the Department including those funds made
available under the Older Americans Act and the Senior
Community Service Employment Program for providing services
for senior citizens and minority senior citizens or for
purposes related thereto, and shall develop and administer any
State Plan for the Aging required by federal law.
(5) To solicit, accept, hold, and administer in behalf of
the State any grants or legacies of money, securities, or
property to the State of Illinois for services to senior
citizens and minority senior citizens or purposes related
thereto.
(6) To provide consultation and assistance to communities,
area agencies on aging, and groups developing local services
for senior citizens and minority senior citizens.
(7) To promote community education regarding the problems
of senior citizens and minority senior citizens through
institutes, publications, radio, television and the local
press.
(8) To cooperate with agencies of the federal government in
studies and conferences designed to examine the needs of senior
citizens and minority senior citizens and to prepare programs

SB2902 - 39 - LRB098 16889 JWD 51964 b
and facilities to meet those needs.
(9) To establish and maintain information and referral
sources throughout the State when not provided by other
agencies.
(10) To provide the staff support that may reasonably be
required by the Council.
(11) To make and enforce rules and regulations necessary
and proper to the performance of its duties.
(12) To establish and fund programs or projects or
experimental facilities that are specially designed as
alternatives to institutional care.
(13) To develop a training program to train the counselors
presently employed by the Department's aging network to provide
Medicare beneficiaries with counseling and advocacy in
Medicare, private health insurance, and related health care
coverage plans. The Department shall report to the General
Assembly on the implementation of the training program on or
before December 1, 1986.
(14) To make a grant to an institution of higher learning
to study the feasibility of establishing and implementing an
affirmative action employment plan for the recruitment,
hiring, training and retraining of persons 60 or more years old
for jobs for which their employment would not be precluded by
law.
(15) To present one award annually in each of the
categories of community service, education, the performance

SB2902 - 40 - LRB098 16889 JWD 51964 b
and graphic arts, and the labor force to outstanding Illinois
senior citizens and minority senior citizens in recognition of
their individual contributions to either community service,
education, the performance and graphic arts, or the labor
force. The awards shall be presented to 4 senior citizens and
minority senior citizens selected from a list of 44 nominees
compiled annually by the Department. Nominations shall be
solicited from senior citizens' service providers, area
agencies on aging, senior citizens' centers, and senior
citizens' organizations. The Department shall establish a
central location within the State to be designated as the
Senior Illinoisans Hall of Fame for the public display of all
the annual awards, or replicas thereof.
(16) To establish multipurpose senior centers through area
agencies on aging and to fund those new and existing
multipurpose senior centers through area agencies on aging, the
establishment and funding to begin in such areas of the State
as the Department shall designate by rule and as specifically
appropriated funds become available.
(17) To develop the content and format of the
acknowledgment regarding non-recourse reverse mortgage loans
under Section 6.1 of the Illinois Banking Act; to provide
independent consumer information on reverse mortgages and
alternatives; and to refer consumers to independent counseling
services with expertise in reverse mortgages.
(18) To develop a pamphlet in English and Spanish which may

SB2902 - 41 - LRB098 16889 JWD 51964 b
be used by physicians licensed to practice medicine in all of
its branches pursuant to the Medical Practice Act of 1987,
pharmacists licensed pursuant to the Pharmacy Practice Act, and
Illinois residents 65 years of age or older for the purpose of
assisting physicians, pharmacists, and patients in monitoring
prescriptions provided by various physicians and to aid persons
65 years of age or older in complying with directions for
proper use of pharmaceutical prescriptions. The pamphlet may
provide space for recording information including but not
limited to the following:
(a) name and telephone number of the patient;
(b) name and telephone number of the prescribing
physician;
(c) date of prescription;
(d) name of drug prescribed;
(e) directions for patient compliance; and
(f) name and telephone number of dispensing pharmacy.
In developing the pamphlet, the Department shall consult
with the Illinois State Medical Society, the Center for
Minority Health Services, the Illinois Pharmacists Association
and senior citizens organizations. The Department shall
distribute the pamphlets to physicians, pharmacists and
persons 65 years of age or older or various senior citizen
organizations throughout the State.
(19) To conduct a study of the feasibility of implementing
the Senior Companion Program throughout the State.

SB2902 - 42 - LRB098 16889 JWD 51964 b
(20) The reimbursement rates paid through the community
care program for chore housekeeping services and home care
aides shall be the same.
(21) From funds appropriated to the Department from the
Meals on Wheels Fund, a special fund in the State treasury that
is hereby created, and in accordance with State and federal
guidelines and the intrastate funding formula, to make grants
to area agencies on aging, designated by the Department, for
the sole purpose of delivering meals to homebound persons 60
years of age and older.
(22) To distribute, through its area agencies on aging,
information alerting seniors on safety issues regarding
emergency weather conditions, including extreme heat and cold,
flooding, tornadoes, electrical storms, and other severe storm
weather. The information shall include all necessary
instructions for safety and all emergency telephone numbers of
organizations that will provide additional information and
assistance.
(23) To develop guidelines for the organization and
implementation of Volunteer Services Credit Programs to be
administered by Area Agencies on Aging or community based
senior service organizations. The Department shall hold public
hearings on the proposed guidelines for public comment,
suggestion, and determination of public interest. The
guidelines shall be based on the findings of other states and
of community organizations in Illinois that are currently

SB2902 - 43 - LRB098 16889 JWD 51964 b
operating volunteer services credit programs or demonstration
volunteer services credit programs. The Department shall offer
guidelines for all aspects of the programs including, but not
limited to, the following:
(a) types of services to be offered by volunteers;
(b) types of services to be received upon the
redemption of service credits;
(c) issues of liability for the volunteers and the
administering organizations;
(d) methods of tracking service credits earned and
service credits redeemed;
(e) issues of time limits for redemption of service
credits;
(f) methods of recruitment of volunteers;
(g) utilization of community volunteers, community
service groups, and other resources for delivering
services to be received by service credit program clients;
(h) accountability and assurance that services will be
available to individuals who have earned service credits;
and
(i) volunteer screening and qualifications.
The Department shall submit a written copy of the guidelines to
the General Assembly by July 1, 1998.
(24) To function as the sole State agency to receive and
disburse State and federal funds for providing adult protective
services in a domestic living situation in accordance with the

SB2902 - 44 - LRB098 16889 JWD 51964 b
Adult Protective Services Act.
(25) (24) To hold conferences, trainings, and other
programs for which the Department shall determine by rule a
reasonable fee to cover related administrative costs. Rules to
implement the fee authority granted by this paragraph (25) (24)
must be adopted in accordance with all provisions of the
Illinois Administrative Procedure Act and all rules and
procedures of the Joint Committee on Administrative Rules; any
purported rule not so adopted, for whatever reason, is
unauthorized.
(Source: P.A. 98-8, eff. 5-3-13; 98-49, eff. 7-1-13; 98-380,
eff. 8-16-13; revised 9-4-13.)
Section 45. The Department of Central Management Services
Law of the Civil Administrative Code of Illinois is amended by
changing Sections 405-121 and 405-122 as follows:
(20 ILCS 405/405-121)
Sec. 405-121. Hispanic and Asian-American Employment Plan
Advisory Councils. The Hispanic Employment Plan Advisory
Council and the Asian-American Employment Plan Advisory
Council are hereby created to examine, as applicable:
(1) the prevalence and impact of Hispanics and
Asian-Americans employed by State government;
(2) the barriers faced by Hispanics and
Asian-Americans who seek employment or promotional

SB2902 - 45 - LRB098 16889 JWD 51964 b
opportunities in State government; and
(3) possible incentives that could be offered to foster
the employment of and the promotion of Hispanics and
Asian-Americans in State government.
The Hispanic Employment Plan Advisory Council and the
Asian-American Employment Plan Advisory Council shall each
meet quarterly and independently to provide consultation to
State agencies and the Department.
All members of the Hispanic Employment Plan Advisory
Council and the Asian-American Employment Plan Advisory
Council shall serve without compensation, but shall be
reimbursed for their reasonable and necessary expenses from
funds available for that purpose.
The Hispanic Employment Plan Advisory Council and the
Asian-American Employment Plan Advisory Council shall each
consist of 11 members, each of whom shall be a Latino or an
Asian-American subject matter expert, respectively, and shall
be appointed by the Governor.
The Hispanic Employment Plan Advisory Council shall have an
ex-officio liaison member appointed by the Director or
Secretary of each of the following agencies: the Department on
Aging, Department of Children and Family Services, Department
of Commerce and Economic Opportunity, Department of
Corrections, Department of Workforce Development Employment
Security, Department of Human Services, Department of Human
Rights, Department of Healthcare and Family Services,

SB2902 - 46 - LRB098 16889 JWD 51964 b
Department of Public Health, and the Department of
Transportation.
(Source: P.A. 97-856, eff. 7-27-12; 98-329, eff. 1-1-14.)
(20 ILCS 405/405-122)
Sec. 405-122. Employees with a disability. The Department,
in cooperation with the Department of Human Services, the
Department of Workforce Development Employment Security, and
other agencies of State government shall develop and implement
programs to increase the number of qualified employees with
disabilities working in the State. The programs shall include
provisions to increase the number of people with a disability
hired for positions with specific job titles for which they
have been assessed and awarded a passing grade. The Department
and the Department of Human Services must submit a report,
annually, to the Governor and the General Assembly concerning
their actions under this Section.
(Source: P.A. 96-78, eff. 7-24-09.)
Section 50. The Personnel Code is amended by changing
Sections 8b.17 and 24 as follows:
(20 ILCS 415/8b.17) (from Ch. 127, par. 63b108b.17)
Sec. 8b.17. For trainee programs, and for the appointment
of persons to positions in trainee programs, hereinafter called
"trainee appointments". Trainee appointments may be made with

SB2902 - 47 - LRB098 16889 JWD 51964 b
or without examination, with consideration of the needs of
Illinois residents, but may not be made to positions in any
class that is not in a trainee program approved by the Director
of Central Management Services. Trainee programs will be
developed with consideration of the need for employees with
linguistic abilities or cultural knowledge. The Director shall
work with the Department of Human Services and the Department
of Workforce Development Employment Security in trainee
position placements for those persons who receive benefits from
those Departments. Persons who receive trainee appointments do
not acquire any rights under jurisdiction B of the Personnel
Code by virtue of their appointments.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 415/24)
Sec. 24. Transfers under Executive Order 11 (2003).
(a) Personnel employed by the Prairie State 2000 Authority
and transferred to the Department of Commerce and Economic
Opportunity on July 1, 2003 pursuant to Executive Order 11
(2003) shall receive certified status under this Code.
(b) Personnel employed by the Department of Employment
Security (now the Department of Workforce Development) and
transferred to the Department of Commerce and Economic
Opportunity on July 1, 2003 pursuant to Executive Order 11
(2003) shall retain their status under this Code and any
applicable collective bargaining agreements.

SB2902 - 48 - LRB098 16889 JWD 51964 b
(Source: P.A. 93-382, eff. 7-25-03.)
Section 55. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois is
amended by changing Sections 605-807, 605-815, and 605-850 as
follows:
(20 ILCS 605/605-807)
Sec. 605-807. Federal Workforce Training Fund.
(a) The Federal Workforce Training Fund is created as a
special fund in the State treasury. The Department may accept
gifts, grants, awards, matching contributions, interest
income, appropriations, and cost sharings from individuals,
businesses, governments, and other third party sources, on
terms that the Director deems advisable. Moneys received under
this Section may be expended for purposes consistent with the
conditions under which those moneys are received, subject to
appropriations made by the General Assembly for those purposes.
(b) Beginning on the effective date of this amendatory Act
of the 93rd General Assembly, all moneys received by the State
pursuant to the federal Workforce Investment Act or Section
403(a)(5) of the federal Social Security Act, and any moneys
received pursuant to the federal Workforce Investment Act and
necessary to pay liabilities incurred in connection with that
Act on or after January 1, 2015, shall be deposited into the
Federal Workforce Training Fund, to be used for purposes

SB2902 - 49 - LRB098 16889 JWD 51964 b
consistent with the conditions under which those moneys are
received by the State, except that any moneys received pursuant
to the federal Workforce Investment Act and necessary to pay
liabilities incurred in connection with that Act and
outstanding as of June 30, 2003, or any moneys received
pursuant to Section 403(a)(5) of the federal Social Security
Act and necessary to pay liabilities incurred in connection
with that Act and outstanding as of June 30, 2003, shall be
deposited into the Title III Social Security and Employment
Fund.
On September 1, 2003, or as soon thereafter as may be
reasonably practical, the State Comptroller shall transfer all
unobligated moneys received by the State pursuant to the
federal Workforce Investment Act or Section 403(a)(5) of the
federal Social Security Act from the Title III Social Security
and Employment Fund to the Federal Workforce Training Fund. The
moneys transferred pursuant to this Amendatory Act of the 93rd
General Assembly may be used or expended for purposes
consistent with the conditions under which those moneys were
received by the State.
(c) Beginning on the effective date of this amendatory Act
of the 93rd General Assembly, all moneys received by the State
pursuant to the federal Illinois Trade Adjustment Assistance
Program, and any moneys received pursuant to the federal
Workforce Investment Act and necessary to pay liabilities
incurred in connection with that Act on or after January 1,

SB2902 - 50 - LRB098 16889 JWD 51964 b
2015, shall be deposited into the Federal Workforce Training
Fund, to be used for purposes consistent with the conditions
under which those moneys are received by the State, except that
any moneys received pursuant to the federal Illinois Trade
Adjustment Assistance Program and necessary to pay liabilities
incurred in connection with that program and outstanding as of
June 30, 2003, shall be deposited into the Title III Social
Security and Employment Fund.
On July 1, 2003 or as soon thereafter as may be reasonably
practical, the State Comptroller shall make one or more
transfers of all moneys received by the State pursuant to the
federal Illinois Trade Adjustment Assistance Program in excess
of those necessary to pay liabilities in connection with that
program and outstanding as of June 30, 2003 from the Title III
Social Security and Employment Fund to the Federal Workforce
Training Fund. The moneys transferred pursuant to this
amendatory Act of the 93rd General Assembly may be used or
expended for purposes consistent with the conditions under
which those moneys were received by the State.
(d) On and after the effective date of this amendatory Act
of the 98th General Assembly, funds in the Federal Workforce
Training Fund may only be paid to the Department of Workforce
Development.
(Source: P.A. 93-25, eff. 6-20-03.)
(20 ILCS 605/605-815) (was 20 ILCS 605/46.19a in part)

SB2902 - 51 - LRB098 16889 JWD 51964 b
Sec. 605-815. Unemployed and underemployed single parents.
The Department, in cooperation with the Departments of Human
Services and Workforce Development Employment Security, may
establish a program to encourage community action agencies to
establish programs that will help unemployed and underemployed
single parents to identify, access, and develop, through such
means as counseling or mentoring, internal and external
resources that will enable those single parents to become
emotionally and financially self-sufficient. The intended
primary beneficiaries of the local programs shall be female
heads of households who are at least 22 but less than 46 years
of age and who are physically able to work but are unemployed
or underemployed. The Department may make grants, subject to
the availability of funding, to communities and local agencies
for the purpose of establishing local programs as described in
this Section. A grant under this Section shall be made for a
period of one year and may be renewed if the Department
determines that the program is successful in meeting its
objectives. If the Department determines that implementation
of a program has resulted in a savings of State moneys that
otherwise would have been paid to beneficiaries of the program,
the Department, on renewing a grant, may adjust the grant
amount for those demonstrated savings.
For purposes of this Section, a person is underemployed if
his or her income from employment is less than 185% of the
federal official poverty income guideline.

SB2902 - 52 - LRB098 16889 JWD 51964 b
(Source: P.A. 90-454, eff. 8-16-97; 91-239, eff. 1-1-00.)
(20 ILCS 605/605-850) (was 20 ILCS 605/46.32a in part)
Sec. 605-850. Labor-management-community relations;
Labor-Management-Community Cooperation Committee.
(a) Because economic development investment programs must
be supplemented with efforts to maintain a skilled, stable, and
diverse workforce able to meet the needs of new and growing
business enterprises, the Department shall promote better
labor-management-community and government operations by
providing assistance in the development of local
labor-management-community committees and coalitions
established to address employment issues facing families and by
helping Illinois current and prospective employers attract and
retain a diverse and productive workforce through the promotion
and support of dependent care policies and programs in the
workplace and community.
(b) In the Department there shall be a
Labor-Management-Community Cooperation Committee composed of
18 public members appointed by the Governor with the advice and
consent of the Senate. Six members shall represent executive
level management of businesses, 6 members shall represent major
labor union leadership, and 6 members shall represent community
leadership. The Governor shall designate one business
representative and one labor representative as cochairmen.
Appointed members shall not be represented at a meeting by

SB2902 - 53 - LRB098 16889 JWD 51964 b
another person. There shall be 9 ex officio nonvoting members:
the Director, who shall serve as Secretary, the Director of
Labor, the Secretary of Human Services, the Director of Public
Health, the Director of Workforce Development Employment
Security, the President of the Senate, the Minority Leader of
the Senate, the Speaker of the House of Representatives, and
the Minority Leader of the House of Representatives. Each ex
officio member shall serve during the term of his or her
office. Ex officio members may be represented by duly
authorized substitutes.
In making the initial public member appointments to the
Committee, 3 of the business representatives and 3 of the labor
union representatives shall be appointed for terms expiring
July 1, 1987. The remaining public members shall be appointed
for terms expiring July 1, 1988. The public members appointed
under this amendatory Act of the 91st General Assembly shall be
divided into 2 groups with the first group having terms that
expire on July 1, 2002 and the second group having terms that
expire on July 1, 2003. Thereafter, public members of the
Committee shall be appointed for terms of 2 years expiring on
July 1, or until their successors are appointed and qualified.
The Governor may at any time, with the advice and consent of
the Senate, make appointments to fill vacancies for the balance
of an unexpired term. Public members shall serve without
compensation but shall be reimbursed by the Department for
necessary expenses incurred in the performance of their duties.

SB2902 - 54 - LRB098 16889 JWD 51964 b
The Department shall provide staff assistance to the Committee.
(c) The Committee shall have the following duties:
(1) To improve communications between labor,
management, and communities on significant economic
problems facing the State, especially with respect to
identifying new ways to attract and retain employees and
provide an environment in which employees can do their best
work.
(2) To encourage and support the development of local
labor, management, and community committees at the plant,
industry and area levels across the State and encourage and
support the development of local coalitions to support the
implementation of family-friendly policies in the
workplace.
(3) To assess the progress of area
labor-management-community committees and local coalitions
that have been formed across the State and provide input to
the Governor and General Assembly concerning grant
programs established in this Act.
(4) To convene a statewide conference on
labor-management-community concerns at least once every 2
years and to convene a series of regional work, family, and
community planning conferences throughout the State for
employers, unions, and community leaders to form local
coalitions to share information, pool resources, and
address work and family concerns in their own communities.

SB2902 - 55 - LRB098 16889 JWD 51964 b
(5) To issue a report on labor-management-community
and employment-related family concerns to the Governor and
the General Assembly every 2 years. This report shall
outline the accomplishments of the Committee and specific
recommendations for improving statewide
labor-management-community relations and supporting the
adoption of family-friendly work practices throughout the
State.
(6) To advise the Department on dependent care and
other employment-related family initiatives.
(7) To advise the Department on other initiatives to
foster maintenance and development of productive, stable,
and diverse workforces to supplement and advance community
and State investment-based economic development programs.
(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
91-476, eff. 8-11-99; 92-16, eff. 6-28-01.)
Section 60. The Illinois Emergency Employment Development
Act is amended by changing Sections 7 and 14 as follows:
(20 ILCS 630/7) (from Ch. 48, par. 2407)
Sec. 7. Duties of State agencies.
(a) The Department of Workforce Development Employment
Security shall post information publicizing the program and
shall provide staff assistance as requested by employment
administrators in the collection of data about participants in

SB2902 - 56 - LRB098 16889 JWD 51964 b
the program.
(b) The Secretary of Human Services shall make available to
each employment administrator lists of local child care
providers through the Child Care Resource and Referral Network
available to persons employed under the program.
(c) The Secretary of Human Services shall post information
publicizing the program to applicants and recipients of public
aid.
(Source: P.A. 97-581, eff. 8-26-11.)
(20 ILCS 630/14)
Sec. 14. Employment Administrators; powers and duties.
(a) The Employment Administrator for each service delivery
area has the powers and duties given in this Section and any
additional duties given by the Coordinator.
(b) Each Employment Administrator shall develop an
emergency employment development plan for its service delivery
area under guidelines developed by the Advisory Committee and
submit it to the Coordinator within the period allowed by the
Coordinator. To the extent feasible, the Employment
Administrator shall seek input from potential eligible
employers and the public. The Employment Administrator shall
consult with local sources of information to identify current
local needs, including, but not limited to, local Workforce
Investment Boards, economic development councils, community
action agencies, and local Labor Market Information from the

SB2902 - 57 - LRB098 16889 JWD 51964 b
Department of Workforce Development Employment Security.
(c) Each Employment Administrator shall publicize the
program within its service delivery area to seek maximum
participation by eligible job applicants and employers.
(d) Each Employment Administrator shall enter into
contracts with eligible employers setting forth the terms of
their participation in the program as required by this Act.
(e) Each Employment Administrator shall screen job
applicants and employers to achieve the best possible placement
of eligible job applicants with eligible employers.
(f) Each Employment Administrator shall maintain a list of
eligible job applicants unable to secure employment under the
program at the time of application. The list shall prioritize
eligible job applicants and shall be used to fill jobs with
eligible employers as they become available. Each Employment
Administrator shall receive and coordinate referrals from
other local organizations.
(g) Each Employment Administrator shall cooperate with
local educational and training institutions to coordinate and
publicize the availability of their resources to assure that
applicants may receive training needed before or while employed
in jobs which are available under the program.
(h) Each Employment Administrator may disburse funds not to
exceed 1% of the amount allocated to its service delivery area
for the purchase of supplies and materials for projects
creating permanent improvements to public property.

SB2902 - 58 - LRB098 16889 JWD 51964 b
(Source: P.A. 97-581, eff. 8-26-11.)
Section 65. The Illinois Enterprise Zone Act is amended by
changing Sections 4 and 6 as follows:
(20 ILCS 655/4) (from Ch. 67 1/2, par. 604)
Sec. 4. Qualifications for Enterprise Zones.
(1) An area is qualified to become an enterprise zone
which:
(a) is a contiguous area, provided that a zone area may
exclude wholly surrounded territory within its boundaries;
(b) comprises a minimum of one-half square mile and not
more than 12 square miles, or 15 square miles if the zone
is located within the jurisdiction of 4 or more counties or
municipalities, in total area, exclusive of lakes and
waterways; however, in such cases where the enterprise zone
is a joint effort of three or more units of government, or
two or more units of government if situated in a township
which is divided by a municipality of 1,000,000 or more
inhabitants, and where the certification has been in effect
at least one year, the total area shall comprise a minimum
of one-half square mile and not more than thirteen square
miles in total area exclusive of lakes and waterways;
(c) (blank);
(d) (blank);
(e) is (1) entirely within a municipality or (2)

SB2902 - 59 - LRB098 16889 JWD 51964 b
entirely within the unincorporated areas of a county,
except where reasonable need is established for such zone
to cover portions of more than one municipality or county
or (3) both comprises (i) all or part of a municipality and
(ii) an unincorporated area of a county; and
(f) meets 3 or more of the following criteria:
(1) all or part of the local labor market area has
had an annual average unemployment rate of at least
120% of the State's annual average unemployment rate
for the most recent calendar year or the most recent
fiscal year as reported by the Department of Workforce
Development Employment Security;
(2) designation will result in the development of
substantial employment opportunities by creating or
retaining a minimum aggregate of 1,000 full-time
equivalent jobs due to an aggregate investment of
$100,000,000 or more, and will help alleviate the
effects of poverty and unemployment within the local
labor market area;
(3) all or part of the local labor market area has
a poverty rate of at least 20% according to the latest
federal decennial census, 50% or more of children in
the local labor market area participate in the federal
free lunch program according to reported statistics
from the State Board of Education, or 20% or more
households in the local labor market area receive food

SB2902 - 60 - LRB098 16889 JWD 51964 b
stamps according to the latest federal decennial
census;
(4) an abandoned coal mine or a brownfield (as
defined in Section 58.2 of the Environmental
Protection Act) is located in the proposed zone area,
or all or a portion of the proposed zone was declared a
federal disaster area in the 3 years preceding the date
of application;
(5) the local labor market area contains a presence
of large employers that have downsized over the years,
the labor market area has experienced plant closures in
the 5 years prior to the date of application affecting
more than 50 workers, or the local labor market area
has experienced State or federal facility closures in
the 5 years prior to the date of application affecting
more than 50 workers;
(6) based on data from Multiple Listing Service
information or other suitable sources, the local labor
market area contains a high floor vacancy rate of
industrial or commercial properties, vacant or
demolished commercial and industrial structures are
prevalent in the local labor market area, or industrial
structures in the local labor market area are not used
because of age, deterioration, relocation of the
former occupants, or cessation of operation;
(7) the applicant demonstrates a substantial plan

SB2902 - 61 - LRB098 16889 JWD 51964 b
for using the designation to improve the State and
local government tax base, including income, sales,
and property taxes;
(8) significant public infrastructure is present
in the local labor market area in addition to a plan
for infrastructure development and improvement;
(9) high schools or community colleges located
within the local labor market area are engaged in ACT
Work Keys, Manufacturing Skills Standard
Certification, or other industry-based credentials
that prepare students for careers; or
(10) the change in equalized assessed valuation of
industrial and/or commercial properties in the 5 years
prior to the date of application is equal to or less
than 50% of the State average change in equalized
assessed valuation for industrial and/or commercial
properties, as applicable, for the same period of time.
As provided in Section 10-5.3 of the River Edge
Redevelopment Zone Act, upon the expiration of the term of each
River Edge Redevelopment Zone in existence on the effective
date of this amendatory Act of the 97th General Assembly, that
River Edge Redevelopment Zone will become available for its
previous designee or a new applicant to compete for designation
as an enterprise zone. No preference for designation will be
given to the previous designee of the zone.
(2) Any criteria established by the Department or by law

SB2902 - 62 - LRB098 16889 JWD 51964 b
which utilize the rate of unemployment for a particular area
shall provide that all persons who are not presently employed
and have exhausted all unemployment benefits shall be
considered unemployed, whether or not such persons are actively
seeking employment.
(Source: P.A. 97-905, eff. 8-7-12.)
(20 ILCS 655/6) (from Ch. 67 1/2, par. 610)
Sec. 6. Powers and Duties of Department.
(A) General Powers. The Department shall administer this
Act and shall have the following powers and duties:
(1) To monitor the implementation of this Act and
submit reports evaluating the effectiveness of the program
and any suggestions for legislation to the Governor and
General Assembly by October 1 of every year preceding a
regular Session of the General Assembly and to annually
report to the General Assembly initial and current
population, employment, per capita income, number of
business establishments, dollar value of new construction
and improvements, and the aggregate value of each tax
incentive, based on information provided by the Department
of Revenue, for each Enterprise Zone.
(2) To promulgate all necessary rules and regulations
to carry out the purposes of this Act in accordance with
The Illinois Administrative Procedure Act.
(3) To assist municipalities and counties in obtaining

SB2902 - 63 - LRB098 16889 JWD 51964 b
Federal status as an Enterprise Zone.
(B) Specific Duties:
(1) The Department shall provide information and
appropriate assistance to persons desiring to locate and
engage in business in an enterprise zone, to persons
engaged in business in an enterprise zone and to designated
zone organizations operating there.
(2) The Department shall, in cooperation with
appropriate units of local government and State agencies,
coordinate and streamline existing State business
assistance programs and permit and license application
procedures for Enterprise Zone businesses.
(3) The Department shall publicize existing tax
incentives and economic development programs within the
Zone and upon request, offer technical assistance in
abatement and alternative revenue source development to
local units of government which have enterprise Zones
within their jurisdiction.
(4) The Department shall work together with the
responsible State and Federal agencies to promote the
coordination of other relevant programs, including but not
limited to housing, community and economic development,
small business, banking, financial assistance, and
employment training programs which are carried on in an
Enterprise Zone.
(5) In order to stimulate employment opportunities for

SB2902 - 64 - LRB098 16889 JWD 51964 b
Zone residents, the Department, in cooperation with the
Department of Human Services and the Department of
Workforce Development Employment Security, is to initiate
a test of the following 2 programs within the 12 month
period following designation and approval by the
Department of the first enterprise zones: (i) the use of
aid to families with dependent children benefits payable
under Article IV of the Illinois Public Aid Code, General
Assistance benefits payable under Article VI of the
Illinois Public Aid Code, the unemployment insurance
benefits payable under the Unemployment Insurance Act as
training or employment subsidies leading to unsubsidized
employment; and (ii) a program for voucher reimbursement of
the cost of training zone residents eligible under the
Targeted Jobs Tax Credit provisions of the Internal Revenue
Code for employment in private industry. These programs
shall not be designed to subsidize businesses, but are
intended to open up job and training opportunities not
otherwise available. Nothing in this paragraph (5) shall be
deemed to require zone businesses to utilize these
programs. These programs should be designed (i) for those
individuals whose opportunities for job-finding are
minimal without program participation, (ii) to minimize
the period of benefit collection by such individuals, and
(iii) to accelerate the transition of those individuals to
unsubsidized employment. The Department is to seek

SB2902 - 65 - LRB098 16889 JWD 51964 b
agreement with business, organized labor and the
appropriate State Department and agencies on the design,
operation and evaluation of the test programs.
A report with recommendations including representative
comments of these groups shall be submitted by the Department
to the county or municipality which designated the area as an
Enterprise Zone, Governor and General Assembly not later than
12 months after such test programs have commenced, or not later
than 3 months following the termination of such test programs,
whichever first occurs.
(Source: P.A. 97-905, eff. 8-7-12.)
Section 70. The Department of Employment Security Law of
the Civil Administrative Code of Illinois is amended by
changing the heading of Article 1005 and Sections 1005-1,
1005-5, 1005-47, 1005-130, 1005-150, 1005-155, and 1005-160
and by adding Sections 1005-170 and 1005-175 as follows:
(20 ILCS 1005/Art. 1005 heading)
ARTICLE 1005. DEPARTMENT OF WORKFORCE DEVELOPMENT EMPLOYMENT
SECURITY
(20 ILCS 1005/1005-1)
Sec. 1005-1. Article short title. This Article 1005 of the
Civil Administrative Code of Illinois may be cited as the
Department of Workforce Development Employment Security Law.

SB2902 - 66 - LRB098 16889 JWD 51964 b
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 1005/1005-5)
Sec. 1005-5. Definitions. In this Law:
"Department" means the Department of Workforce Development
Employment Security.
"Director" means the Director of Workforce Development
Employment Security.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 1005/1005-47)
Sec. 1005-47. IllinoisJobLink.com.
(a) The Department of Workforce Development Employment
Security, through its IllinoisJobLink.com System, or a
successor system, shall maintain a web site that allows job
seekers to search online for employment opportunities that
match the skills of the person seeking employment.
(b) Each executive branch State agency and any individual
or entity that is party to a contract with an executive branch
State agency, except those individuals or entities that are
party to a contract with a bona fide labor organization and
perform construction or construction-related services as
defined in Section 1-15.20 of the Illinois Procurement Code,
must either (i) post employment vacancies on the Department's
IllinoisJobLink.com System or its successor system or (ii)
provide an online link to its employment vacancies so that this

SB2902 - 67 - LRB098 16889 JWD 51964 b
link is accessible through the web page of the
IllinoisJobLink.com System or its successor system. "State
agency" has the meaning as defined in Section 1-5 of the State
Officials and Employees Ethics Act and, for purposes of this
Section, includes community colleges. "Contract" has the
meaning given to that term in Section 1-15.30 of the Illinois
Procurement Code. The Department of Central Management
Services shall comply with this Section on behalf of executive
branch State agencies with one or more positions subject to any
jurisdiction of the Personnel Code.
This Section does not apply to positions exempt from the
requirements of the Rutan decision or to construction-related
services as defined in Section 1-15.20 of the Illinois
Procurement Code.
(c) All units of local government, school districts, and
other public and private employers not subject to subsection
(b) may, and are encouraged to, post employment vacancies on
the IllinoisJobLink.com System or successor system.
(d) The Department may not charge any employer or any
person seeking employment a fee for using the
IllinoisJobLink.com System or successor system.
(e) The Department is authorized to adopt all rules
necessary to implement and administer the IllinoisJobLink.com
System or any successor system under this Section.
(Source: P.A. 98-107, eff. 7-23-13.)

SB2902 - 68 - LRB098 16889 JWD 51964 b
(20 ILCS 1005/1005-130) (was 20 ILCS 1005/43a.14)
Sec. 1005-130. Exchange of information for child support
enforcement.
(a) The Department has the power to exchange with the
Department of Healthcare and Family Services information that
may be necessary for the enforcement of child support orders
entered pursuant to the Illinois Public Aid Code, the Illinois
Marriage and Dissolution of Marriage Act, the Non-Support of
Spouse and Children Act, the Non-Support Punishment Act, the
Revised Uniform Reciprocal Enforcement of Support Act, the
Uniform Interstate Family Support Act, or the Illinois
Parentage Act of 1984.
(b) Notwithstanding any provisions in the Civil
Administrative Code of Illinois to the contrary, the Department
of Workforce Development Employment Security shall not be
liable to any person for any disclosure of information to the
Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid) under subsection (a) or for
any other action taken in good faith to comply with the
requirements of subsection (a).
(Source: P.A. 95-331, eff. 8-21-07.)
(20 ILCS 1005/1005-150) (was 20 ILCS 5/34.2)
Sec. 1005-150. Transfer from Department of Labor, Bureau of
Employment Security. The Department of Workforce Development
Employment Security shall assume all rights, powers, duties,

SB2902 - 69 - LRB098 16889 JWD 51964 b
and responsibilities of the Department of Labor, Bureau of
Employment Security as the successor to that Bureau. The Bureau
of Employment Security in the Department of Labor is hereby
abolished.
Personnel, books, records, papers, documents, property,
real and personal, unexpended appropriations, and pending
business in any way pertaining to the former Department of
Labor, Bureau of Employment Security are transferred to the
Department of Workforce Development Employment Security, but
any rights of employees or the State under the Personnel Code
or any other contract or plan shall be unaffected by this
transfer. No rule or regulation promulgated by the Department
of Labor pursuant to an exercise of any right, power, duty, or
responsibility transferred to the Department of Workforce
Development Employment Security shall be affected by this
amendatory Act of 1984, and all those rules and regulations
shall become the rules and regulations of the Department of
Employment Security.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 1005/1005-155)
Sec. 1005-155. Illinois Employment and Training Centers
report. The Department of Workforce Development 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

SB2902 - 70 - LRB098 16889 JWD 51964 b
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 disabled
individuals served by the Illinois Employment and Training
Centers; (iii) the number of 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 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.)
(20 ILCS 1005/1005-160)
Sec. 1005-160. Misclassification of employees as

SB2902 - 71 - LRB098 16889 JWD 51964 b
independent contractors. The Department of Labor, the
Department of Workforce Development Employment Security, the
Department of Revenue, the Office of the State Comptroller, and
the Illinois Workers' Compensation Commission shall cooperate
under the Employee Classification Act by sharing information
concerning any suspected misclassification by an employer or
entity, as defined in the Employee Classification Act, of one
or more employees as independent contractors.
(Source: P.A. 95-26, eff. 1-1-08.)
(20 ILCS 1005/1005-170 new)
Sec. 1005-170. Transfer from Department of Commerce and
Economic Opportunity.
(a) Notwithstanding any provision of law to the contrary,
all the powers, duties, rights and responsibilities vested in
the Department of Commerce and Economic Opportunity with
respect to the administration of the federal Workforce
Investment Act of 1998, the federal Illinois Trade Adjustment
Assistance Program and the Illinois Worker Adjustment and
Retraining Notification Act, including any liabilities arising
therefrom, are transferred to the Department of Workforce
Development.
(b) Personnel in the Department of Commerce and Economic
Opportunity who are assigned directly or indirectly to the
administration of the Acts listed in subsection (a) transferred
by this amendatory Act of the 98th General Assembly shall be

SB2902 - 72 - LRB098 16889 JWD 51964 b
transferred to the Department of Workforce Development
pursuant to the direction of the Director of Workforce
Development. The rights of the employees and the State of
Illinois and its agencies under the Personnel Code and
applicable collective bargaining agreements or under any
pension, retirement, or annuity plan shall not be affected by
this amendatory Act of the 98th General Assembly.
(c) All books, records, papers, documents, property (real
and personal), and pending business pertaining to the rights,
responsibilities, powers, and duties transferred by this
amendatory Act of the 98th General Assembly from the Department
of Commerce and Economic Opportunity to the Department of
Workforce Development, including but not limited to material in
electronic or magnetic format and necessary computer hardware
and software, shall be delivered to the Department of Workforce
Development pursuant to the direction of the Director of
Workforce Development.
(d) All unexpended appropriations and balances and other
funds available for use by the Department of Commerce and
Economic Opportunity for the exercise of the powers, duties,
rights, and responsibilities transferred herein shall be
transferred for use by the Department of Workforce Development
pursuant to the direction of the Director of Workforce
Development. Unexpended balances so transferred shall be
expended only for the purpose for which the appropriations were
originally made.

SB2902 - 73 - LRB098 16889 JWD 51964 b
(e) The powers, duties, rights, and responsibilities
transferred from the Department of Commerce and Economic
Opportunity by this amendatory Act of the 98th General Assembly
shall be vested in and shall be exercised by the Department of
Workforce Development.
(f) Whenever reports or notices are now required to be made
or given or papers or documents furnished or served by any
person to or upon the Department of Commerce and Economic
Opportunity in connection with any of the powers, duties,
rights, and responsibilities transferred by this amendatory
Act of the 98th General Assembly, the same shall be made,
given, furnished, or served in the same manner to or upon the
Department of Workforce Development.
(g) This amendatory Act of the 98th General Assembly does
not affect any act done, ratified, or canceled or any right
occurring or established or any action or proceeding had or
commenced in an administrative, civil, or criminal cause by the
Department of Commerce and Economic Opportunity before this
amendatory Act of the 98th General Assembly takes effect; such
actions or proceedings may be prosecuted and continued by the
Department of Workforce Development.
(h) Any rules of the Department of Commerce and Economic
Opportunity that relate to the powers, duties, rights, and
responsibilities transferred from the Department of Commerce
and Economic Opportunity by this amendatory Act of the 98th
General Assembly, and that are in full force on the effective

SB2902 - 74 - LRB098 16889 JWD 51964 b
date of this amendatory Act of the 98th General Assembly, shall
become the rules of the Department of Workforce Development.
This amendatory Act of the 98th General Assembly does not
affect the legality of any such rules in the Illinois
Administrative Code.
Any proposed rules filed with the Secretary of State by the
Department of Commerce and Economic Opportunity that are
pending in the rulemaking process on the effective date of this
amendatory Act of the 98th General Assembly and pertain to the
powers, duties, rights, and responsibilities transferred,
shall be deemed to have been filed by the Department of
Workforce Development. As soon as practicable hereafter, the
Department of Workforce Development shall revise and clarify
the rules transferred to it under this amendatory Act of the
98th General Assembly to reflect the reorganization of powers,
duties, rights, and responsibilities affected by this
amendatory Act of the 98th General Assembly, using the
procedures for recodification of rules available under the
Illinois Administrative Procedure Act, except that existing
title, part, and section numbering for the affected rules may
be retained. The Department of Workforce Development may
propose and adopt under the Illinois Administrative Procedure
Act such other rules of the Department of Commerce and Economic
Opportunity that will now be administered by the Department of
Workforce Development.
(i) Every person, corporation, or unit of government shall

SB2902 - 75 - LRB098 16889 JWD 51964 b
be subject to the same obligations and duties and any
penalties, civil or criminal, arising therefrom, and shall have
the same rights arising from the exercise of rights,
responsibilities, powers, and duties as had been exercised by
the Department of Commerce and Economic Opportunity, as they
pertain to the administration of the Acts listed in subsection
(a) transferred by this amendatory Act of the 98th General
Assembly.
(j) The Department must comply with the Internet posting
requirements set forth in Section 7.2 of the Illinois Workforce
Investment Board Act. The information must be posted on the
Department's Internet website no later than 30 days after the
Department receives the information from the Illinois
Workforce Investment Board.
(20 ILCS 1005/1005-175 new)
Sec. 1005-175. References to former name. On and after the
effective date of this amendatory Act of the 98th General
Assembly, all references in these statutes, in any rules
adopted under the Illinois Administrative Procedure Act, or
elsewhere to the Department of Employment Security shall be
construed as references to the Department of Workforce
Development, and to the Director of Employment Security shall
be construed as references to the Director of Workforce
Development.

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Section 75. The State and Federal Employment Cooperation
Act is amended by changing Sections 1 and 2 as follows:
(20 ILCS 1010/1) (from Ch. 48, par. 172a)
Sec. 1. All the privileges, benefits, obligations and
conditions of an Act of Congress entitled "An Act to provide
for the establishment of a National employment system and for
cooperation with the states in the promotion of such system,
and for other purposes," are hereby accepted by the State of
Illinois and the Department of Workforce Development
Employment Security is authorized and empowered and it shall be
its duty to cooperate with the United States Employment Service
and to coordinate the services and work of the public
employment offices of the State with the services and work of
such national employment system and to do all the things which
are necessary to obtain the benefits which are available under
the provisions of the aforementioned Federal Act.
(Source: P.A. 83-1503.)
(20 ILCS 1010/2) (from Ch. 48, par. 172b)
Sec. 2. The State Treasurer shall be ex-officio custodian
of all moneys apportioned to this State under the provisions of
the said Federal Act. Such moneys shall be expended by the
Department of Workforce Development Employment Security for
the purpose of establishing and maintaining public employment
offices in accordance with the provisions of the aforesaid

SB2902 - 77 - LRB098 16889 JWD 51964 b
Federal Act, and may be paid out by the State Treasurer upon
the order of the Department of Labor.
The State Treasurer shall deposit such moneys in banks
which have been approved as State depositaries under the
provisions of "An Act in relation to State moneys," approved
June 28, 1919, as amended, and for the safe keeping of such
moneys shall take securities as provided in said Act.
(Source: P.A. 83-1503.)
Section 80. The Public Employment Office Act is amended by
changing Sections 1, 1a, 1c, 1d, 3, 4, 5, 7, 8.1, 14, and 15 as
follows:
(20 ILCS 1015/1) (from Ch. 48, par. 173)
Sec. 1. Public employment offices; establishment. The
Department of Workforce Development Employment Security is
authorized to establish and maintain State employment offices
as provided in Section 1705 of the Unemployment Insurance Act
for the purpose of receiving applications of persons seeking
employment and applications of persons seeking to employ labor.
(Source: P.A. 97-621, eff. 11-18-11.)
(20 ILCS 1015/1a) (from Ch. 48, par. 174)
Sec. 1a. Unemployment; investigate and remedy. The State
Department of Workforce Development Employment Security shall
promote the efficiency of the Illinois Public Employment

SB2902 - 78 - LRB098 16889 JWD 51964 b
Offices, investigate the extent and causes of unemployment and
its remedies, and devise and adopt the most effectual means
within the Department's power to provide employment and to
prevent distress and involuntary idleness, and for that purpose
the Department may cooperate with similar bureaus and
commissions of other states, with the Federal employment office
in the Department of Labor, and with any municipal employment
bureaus and exchanges.
(Source: P.A. 90-372, eff. 7-1-98.)
(20 ILCS 1015/1c) (from Ch. 48, par. 176)
Sec. 1c. Cooperation of employers. The Department of
Workforce Development Employment Security shall place itself
in communication with large employers of labor, including
municipal and other public authorities, and attempt to bring
about such cooperation and coordination between them by the
dovetailing of industries, by long time contracts, or
otherwise, as will most effectually distribute and utilize the
available supply of labor and keep it employed with the
greatest possible constancy and regularity. The Department
shall devise plans of operation with this object in view and
shall seek to induce the organization of concerted movements in
this direction. The Department shall also endeavor to enlist
the aid of the federal government in extending these movements
beyond the State.
(Source: P.A. 90-372, eff. 7-1-98.)

SB2902 - 79 - LRB098 16889 JWD 51964 b
(20 ILCS 1015/1d) (from Ch. 48, par. 177)
Sec. 1d. The Department of Workforce Development
Employment Security, through the several free employment
offices, in cooperation with the Department of Corrections,
shall seek to provide proper employment opportunities for
discharged convicts or prisoners, and shall assist such
discharged prisoners to retain suitable employment for such
reasonable time as will afford such prisoners an opportunity to
become self-reliant. In no instance shall there be any
misrepresentation as to the records of persons for whom
employment is sought, under the provisions of this Section.
The Department of Workforce Development Employment
Security through the several free employment offices shall also
co-operate with the Department of Corrections to secure
suitable employment for paroled convicts or prisoners and to
help them retain such employment during the period of their
parole and for such reasonable time thereafter as shall afford
such convicts or prisoners an opportunity to become
self-reliant.
(Source: P.A. 97-136, eff. 7-14-11.)
(20 ILCS 1015/3) (from Ch. 48, par. 179)
Sec. 3. Employment offices; signs; registration. The
Department of Workforce Development Employment Security shall
open and maintain offices as appropriate for the purpose

SB2902 - 80 - LRB098 16889 JWD 51964 b
intended. Upon the outside of each office, in position and
manner to secure the fullest public attention, shall be placed
a sign that reads in the English language, "Illinois Public
Employment Office also known as the Job Service". The
Department shall receive and register the names of all persons
applying for employment or help, designating opposite the names
and addresses of each applicant the character of employment or
help desired together with such other facts as may be required
or used by the Department.
(Source: P.A. 90-372, eff. 7-1-98.)
(20 ILCS 1015/4) (from Ch. 48, par. 180)
Sec. 4. Reports to U.S. Department of Labor. The Department
of Workforce Development Employment Security shall make
available to the U.S. Department of Labor such reports of
application for labor or employment, and other details of the
work of each office and the expenses of maintaining the same,
and shall perform such other duties in the collection of
statistics of labor as the U.S. Department of Labor may
require.
(Source: P.A. 90-372, eff. 7-1-98.)
(20 ILCS 1015/5) (from Ch. 48, par. 182)
Sec. 5. Advertisements. The Department of Workforce
Development Employment Security shall immediately put itself
in communication with the principal manufacturers, merchants,

SB2902 - 81 - LRB098 16889 JWD 51964 b
and other employers of labor, and use all diligence in securing
the cooperation of those employers of labor, with the purpose
and objects of the employment offices. To this end the
Department may advertise in the columns of newspapers, or other
mediums, for such situations as it has applicants to fill, and
it may advertise in a general way for the cooperation of large
contractors and employers in such trade journals or special
publications as reach those employers, whether the trade or
special journals are published within the State of Illinois or
not.
Full information shall be given to applicants regarding the
existence of any strike or lockout in the establishment of any
employer seeking workers through the Illinois Public
Employment Offices.
(Source: P.A. 90-372, eff. 7-1-98.)
(20 ILCS 1015/7) (from Ch. 48, par. 183)
Sec. 7. No fee or compensation shall be charged or received
directly or indirectly from persons applying for employment or
help through said free employment offices, and any officer or
employee of the Department of Workforce Development Employment
Security who shall accept, directly or indirectly any fee or
compensation from any applicant or from his or her
representative shall be guilty of a Class C misdemeanor.
(Source: P.A. 83-1503.)

SB2902 - 82 - LRB098 16889 JWD 51964 b
(20 ILCS 1015/8.1) (from Ch. 48, par. 184.1)
Sec. 8.1. Farmworkers. The Department of Workforce
Development Employment Security shall proscribe the
recruitment by Illinois employers of farmworkers unless the
employer files a statement with the Job Service and the
Department setting forth the terms and conditions, and the
existence of any strike or other concerted stoppage, slowdown,
or interruption of operations by employees of that employer at
the site of the proposed employment, directly relating to the
employment offered to the farmworkers so recruited. A copy of
the statement in English and the language in which the
farmworker is fluent shall be given to each farmworker prior to
recruitment by the employer so recruiting. The statement shall
be made on a form provided to employers by the Job Service on
request. A copy of this statement, in both English and the
languages in which the farmworkers are fluent, shall be posted
by the employer in a conspicuous location at the place of
residence or employment of the recruited persons. As used in
this Section and Section 8.2, "farmworker" means any person who
moves seasonally from one place to another, within or without
the State, for the purpose of obtaining employment relating to
the planting, raising, or harvesting of any agricultural or
horticultural commodities, or the handling, packing, or
processing of those commodities on the farm where produced or
at the place of first processing after leaving that farm.
(Source: P.A. 90-372, eff. 7-1-98.)

SB2902 - 83 - LRB098 16889 JWD 51964 b
(20 ILCS 1015/14) (from Ch. 48, par. 186.1)
Sec. 14. The Department of Workforce Development
Employment Security shall cooperate and enter into any
necessary agreements with the Department of Human Services for
the provision of job placement and job referral services to the
rehabilitation services clients of the Department of Human
Services, including job service registration of such clients
with Illinois Employment Security offices and making job
listings maintained by the Department available to such
clients.
(Source: P.A. 89-507, eff. 7-1-97.)
(20 ILCS 1015/15) (from Ch. 48, par. 186.2)
Sec. 15. The Department of Workforce Development
Employment Security shall cooperate and enter into any
necessary agreements with any entity providing services as
prescribed under Section 1 of "An Act in relation to the
provision of assistance to certain persons, amending Acts named
therein", enacted by the 85th General Assembly, and Section
12-4.29 of the Illinois Public Aid Code for the provision of
job testing, job placement and job referral services to the
clients of such entities, including job service registration of
such clients with Illinois Employment Security offices and
making job listings maintained by the Department available to
such clients.

SB2902 - 84 - LRB098 16889 JWD 51964 b
(Source: P.A. 85-943.)
Section 85. The New Hire Reporting Act is amended by
changing Section 30 as follows:
(20 ILCS 1020/30)
Sec. 30. Toll-free telephone line; public service
announcements.
(a) The Department of Workforce Development Employment
Security shall establish a toll-free telephone line for new
hire reporting, employer follow-up to correct errors and
facilitate electronic transmission, and an expedited
administrative hearing process to determine reasonable cause
in non-compliance situations.
(b) The Department of Workforce Development Employment
Security shall issue public service announcements and mailings
to inform employers about the new hire reporting requirements
and procedures pursuant to Section 1801.1 of the Unemployment
Insurance Act, including simple instructions on completion of
the Form W-4 and information on electronic or magnetic
transmission of data.
(Source: P.A. 90-425, eff. 8-15-97.)
Section 90. The Department of Human Services Act is amended
by changing Section 10-27 as follows:

SB2902 - 85 - LRB098 16889 JWD 51964 b
(20 ILCS 1305/10-27)
Sec. 10-27. Information concerning federal tax credits and
deductions for hiring qualified employees with disabilities.
(a) The Department shall collect, during the period of July
1, 2009 through June 30, 2010, information regarding all of the
following:
(1) The number of employers that have claimed the Work
Opportunity Tax Credit and the amounts claimed during this
time frame.
(2) The size of the employer claiming the Work
Opportunity Tax Credit and whether the employer is a small
business or a large business.
(b) The Department shall cooperate with the Department of
Revenue, the Department of Workforce Development Employment
Security, and other appropriate agencies of State government to
gather the information required in items (1) and (2) of
subsection (a).
(c) For the purposes of this Section:
"Large business" means a business concern, including
affiliates, which is not a small business.
"Small business" means a business concern, including
affiliates, with fewer than 16 employees or has gross annual
sales of less than $3 million.
(d) The Department shall submit a report, annually, to the
Governor and the General Assembly concerning its actions under
this Section.

SB2902 - 86 - LRB098 16889 JWD 51964 b
(Source: P.A. 96-78, eff. 7-24-09.)
Section 95. The Department of Labor Law of the Civil
Administrative Code of Illinois is amended by changing Section
1505-125 as follows:
(20 ILCS 1505/1505-125)
Sec. 1505-125. Misclassification of employees as
independent contractors. The Department of Labor, the
Department of Workforce Development Employment Security, the
Department of Revenue, the Office of the State Comptroller and
the Illinois Workers' Compensation Commission shall cooperate
under the Employee Classification Act by sharing information
concerning any suspected misclassification by an employer or
entity, as defined in the Employee Classification Act, of one
or more employees as independent contractors.
(Source: P.A. 95-26, eff. 1-1-08.)
Section 100. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Section 2310-228 as follows:
(20 ILCS 2310/2310-228)
Sec. 2310-228. Nursing workforce database.
(a) The Department shall, subject to appropriation and in
consultation with the Illinois Coalition for Nursing

SB2902 - 87 - LRB098 16889 JWD 51964 b
Resources, the Illinois Nurses Association, and other nursing
associations, establish and administer a nursing workforce
database. The database shall be assembled from data currently
collected by State agencies or departments that may be released
under the Freedom of Information Act and shall be maintained
with the assistance of the Department of Professional
Regulation, the Department of Labor, the Department of
Workforce Development Employment Security, and any other State
agency or department with access to nursing workforce-related
information.
(b) The objective of establishing the database shall be to
compile the following data related to the nursing workforce
that is currently collected by State agencies or departments
that may be released under the Freedom of Information Act:
(1) Data on current and projected population
demographics and available health indicator data to
determine how the population needs relate to the demand for
nursing services.
(2) Data to create a dynamic system for projecting
nurse workforce supply and demand.
(3) Data related to the development of a nursing
workforce that considers the diversity, educational mix,
geographic distribution, and number of nurses needed
within the State.
(4) Data on the current and projected numbers of nurse
faculty who are needed to educate the nurses who will be

SB2902 - 88 - LRB098 16889 JWD 51964 b
needed to meet the needs of the residents of the State.
(5) Data on nursing education programs within the State
including number of nursing programs, applications,
enrollments, and graduation rates.
(6) Data needed to develop collaborative models
between nursing education and practice to identify
necessary competencies, educational strategies, and models
of professional practice.
(7) Data on nurse practice setting, practice
locations, and specialties.
(c) To accomplish the objectives set forth in subsection
(b), data compiled by the Department into a database may be
used by the Department, medical institutions and societies,
health care facilities and associations of health care
facilities, and nursing programs to assess current and
projected nursing workforce shortfalls and develop strategies
for overcoming them. Notwithstanding any other provision of
law, the Department may not disclose any data that it compiles
under this Section in a manner that would allow the
identification of any particular health care professional or
health care facility.
(d) Nothing in this Section shall be construed as requiring
any health care facility to file or submit any data,
information, or reports to the Department or any State agency
or department.
(e) No later than January 15, 2006, the Department shall

SB2902 - 89 - LRB098 16889 JWD 51964 b
submit a report to the Governor and to the members of the
General Assembly regarding the development of the database and
the effectiveness of its use.
(Source: P.A. 93-795, eff. 1-1-05.)
Section 105. The Comprehensive Healthcare Workforce
Planning Act is amended by changing Section 15 as follows:
(20 ILCS 2325/15)
Sec. 15. Members.
(a) The following 10 persons or their designees shall be
members of the Council: the Director of the Department; a
representative of the Governor's Office; the Secretary of Human
Services; the Directors of the Departments of Commerce and
Economic Opportunity, Workforce Development Employment
Security, Financial and Professional Regulation, and
Healthcare and Family Services; and the executive director of
the Illinois Board of Higher Education, the President of the
Illinois Community College Board, and the State Superintendent
of Education.
(b) The Governor shall appoint 8 additional members, who
shall be healthcare workforce experts, including
representatives of practicing physicians, nurses, pharmacists,
and dentists, State and local health professions
organizations, schools of medicine and osteopathy, nursing,
dental, allied health, and public health; public and private

SB2902 - 90 - LRB098 16889 JWD 51964 b
teaching hospitals; health insurers, business; and labor. The
Speaker of the Illinois House of Representatives, the President
of the Illinois Senate, the Minority Leader of the Illinois
House of Representatives, and the Minority Leader of the
Illinois Senate may each appoint 2 representatives to the
Council. Members appointed under this subsection (b) shall
serve 4-year terms and may be reappointed.
(c) The Director of the Department shall serve as Chair of
the Council. The Governor shall appoint a healthcare workforce
expert from the non-governmental sector to serve as Vice-Chair.
(Source: P.A. 97-424, eff. 7-1-12.)
Section 110. The Disabled Persons Rehabilitation Act is
amended by changing Section 3 as follows:
(20 ILCS 2405/3) (from Ch. 23, par. 3434)
(Text of Section from P.A. 97-732 and 97-1019)
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

SB2902 - 91 - LRB098 16889 JWD 51964 b
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.
(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

SB2902 - 92 - LRB098 16889 JWD 51964 b
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;
(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

SB2902 - 93 - LRB098 16889 JWD 51964 b
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
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

SB2902 - 94 - LRB098 16889 JWD 51964 b
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. The State shall engage in
collective bargaining with an exclusive representative of
personal assistants 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 personal assistants or
supervise them within the limitations set by the Home Services
Program. The State shall not be considered to be the employer
of personal assistants for any purposes not specifically
provided in this amendatory Act of the 93rd General Assembly,
including but not limited to, purposes of vicarious liability
in tort and purposes of statutory retirement or health
insurance benefits. Personal assistants 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

SB2902 - 95 - LRB098 16889 JWD 51964 b
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
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, blind, 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

SB2902 - 96 - LRB098 16889 JWD 51964 b
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 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

SB2902 - 97 - LRB098 16889 JWD 51964 b
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 Workforce Development Employment
Security for the provision of job placement and job referral
services to clients of the Department, including job service
registration of such clients with Illinois Employment Security
offices and making job listings maintained by the Department of
Workforce Development 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 disabled persons and
available privately owned housing accessible to disabled

SB2902 - 98 - LRB098 16889 JWD 51964 b
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 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;

SB2902 - 99 - LRB098 16889 JWD 51964 b
revised 8-23-12.)
(Text of Section from P.A. 97-732 and 97-1158)
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.
(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,

SB2902 - 100 - LRB098 16889 JWD 51964 b
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
unnecessary institutionalization of persons with Alzheimer's
disease and related disorders or persons in need of long term
care who are established as blind or disabled as defined by the
Social Security Act, thereby enabling them to remain in their
own homes or other living arrangements. Such preventive
services may include, but are not limited to, any or all of the
following:
(1) home health services;
(2) home nursing services;
(3) homemaker services;
(4) chore and housekeeping services;
(5) day care services;
(6) home-delivered meals;
(7) education in self-care;
(8) personal care services;
(9) adult day health services;

SB2902 - 101 - LRB098 16889 JWD 51964 b
(10) habilitation services;
(11) respite care; or
(12) other nonmedical social services that may enable
the person to become self-supporting.
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 have not more than $10,000 in assets to be eligible
for the services, and the Department may increase the asset
limitation by rule. Additionally, 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

SB2902 - 102 - LRB098 16889 JWD 51964 b
spouse's share of the marital property is not made available to
the person seeking such services.
The services shall be provided to eligible persons to
prevent unnecessary 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 care attendants shall be paid:
(i) A $5 per hour minimum rate beginning July 1, 1995.
(ii) A $5.30 per hour minimum rate beginning July 1,
1997.
(iii) A $5.40 per hour minimum rate beginning July 1,
1998.
Solely for the purposes of coverage under the Illinois
Public Labor Relations Act (5 ILCS 315/), personal care
attendants and 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

SB2902 - 103 - LRB098 16889 JWD 51964 b
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 care attendants, personal assistants,
and individual maintenance home health workers and 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 the effective date of this amendatory Act
of the 97th General Assembly, 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 care attendants, 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 care
attendants, personal assistants, and individual maintenance
home health workers working under the Home Services Program or

SB2902 - 104 - LRB098 16889 JWD 51964 b
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 care attendants, 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 this amendatory Act of the 97th General Assembly,
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 care attendants, 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 the nursing home
prescreening project, 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 Public Aid (now
Department of Healthcare and Family Services), to effect the
following: (i) intake procedures and common eligibility
criteria for those persons who are receiving non-institutional
services; and (ii) 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 18

SB2902 - 105 - LRB098 16889 JWD 51964 b
through 59 years of age shall be conducted by 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
recipient's share of the cost of services any money expended by
the recipient for disability-related expenses.
The Department, or the Department's authorized
representative, shall 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, blind, 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

SB2902 - 106 - LRB098 16889 JWD 51964 b
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 and the Department on Aging 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 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

SB2902 - 107 - LRB098 16889 JWD 51964 b
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 Workforce Development Employment
Security for the provision of job placement and job referral
services to clients of the Department, including job service
registration of such clients with Illinois Employment Security
offices and making job listings maintained by the Department of
Workforce Development 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) To establish a procedure whereby new providers of
personal care attendant services shall submit vouchers to the
State for payment two times during their first month of
employment and one time per month thereafter. In no case shall
the Department pay personal care attendants an hourly wage that
is less than the federal minimum wage.
(k) To provide adequate notice to providers of chore and

SB2902 - 108 - LRB098 16889 JWD 51964 b
housekeeping services informing them that they are entitled to
an interest payment on bills which are not promptly paid
pursuant to Section 3 of the State Prompt Payment Act.
(l) To establish, operate and maintain a Statewide Housing
Clearinghouse of information on available, government
subsidized housing accessible to disabled persons and
available privately owned housing accessible to 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 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

SB2902 - 109 - LRB098 16889 JWD 51964 b
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; 97-1158, eff. 1-29-13;
revised 2-21-13.)
Section 115. The Disabilities Services Act of 2003 is
amended by changing Section 20 as follows:
(20 ILCS 2407/20)
Sec. 20. Implementation.
(a) The Governor shall appoint an advisory committee to
assist in the development and implementation of a Disabilities
Services Implementation Plan that will ensure compliance by the
State of Illinois with the Americans with Disabilities Act and
the decision in Olmstead v. L.C., 119 S.Ct. 2176 (1999). The
advisory committee shall be known as the Illinois Disabilities
Services Advisory Committee and shall be composed of no more
than 33 members, including: persons who have a physical
disability, a developmental disability, or a mental illness;
senior citizens; advocates for persons with physical
disabilities; advocates for persons with developmental
disabilities; advocates for persons with mental illness;

SB2902 - 110 - LRB098 16889 JWD 51964 b
advocates for senior citizens; representatives of providers of
services to persons with physical disabilities, developmental
disabilities, and mental illness; representatives of providers
of services to senior citizens; and representatives of
organized labor.
In addition, the following State officials shall serve on
the committee as ex-officio non-voting members: the Secretary
of Human Services or his or her designee; the State
Superintendent of Education or his or her designee; the
Director of Aging or his or her designee; the Executive
Director of the Illinois Housing Development Authority or his
or her designee; the Director of Public Aid (now Director of
Healthcare and Family Services) or his or her designee; and the
Director of Workforce Development Employment Security or his or
her designee.
The advisory committee shall select officers, including a
chair and a vice-chair.
The advisory committee shall meet at least quarterly and
shall keep official meeting minutes. Committee members shall
not be compensated but shall be paid for their expenses related
to attendance at meetings.
(b) The implementation plan must include, but need not be
limited to, the following:
(1) Establishing procedures for completing
comprehensive evaluations, including provisions for
Department review and approval of need determinations. The

SB2902 - 111 - LRB098 16889 JWD 51964 b
Department may utilize independent evaluators and targeted
or sample reviews during this review and approval process,
as it deems appropriate.
(2) Establishing procedures for the development of an
individual service or treatment plan for each person with a
disability, including provisions for Department review and
authorization.
(3) Identifying core services to be provided by
agencies of the State of Illinois or other agencies.
(4) Establishing minimum standards for individualized
services.
(5) Establishing minimum standards for residential
services in the least restrictive environment.
(6) Establishing minimum standards for vocational
services.
(7) Establishing due process hearing procedures.
(8) Establishing minimum standards for family support
services.
(9) Securing financial resources necessary to fulfill
the purposes and requirements of this Act, including but
not limited to obtaining approval and implementing waivers
or demonstrations authorized under federal law.
(c) The Governor, with the assistance of the Illinois
Disabilities Services Advisory Committee and the Secretary of
Human Services, is responsible for the completion of the
implementation plan. The Governor must submit a report to the

SB2902 - 112 - LRB098 16889 JWD 51964 b
General Assembly by November 1, 2004, which must include the
following:
(1) The implementation plan.
(2) A description of current and planned programs and
services necessary to meet the requirements of the
individual service or treatment plans required by this Act,
together with the actions to be taken by the State of
Illinois to ensure that those plans will be implemented.
This description shall include a report of related program
and service improvements or expansions implemented by the
Department since the effective date of this Act.
(3) The estimated costs of current and planned programs
and services to be provided under the implementation plan.
(4) A report on the number of persons with disabilities
who may be eligible to receive services under this Act,
together with a report on the number of persons who are
currently receiving those services.
(5) Any proposed changes in State policies, laws, or
regulations necessary to fulfill the purposes and
requirements of this Act.
(d) The Governor, with the assistance of the Secretary of
Human Services, shall annually update the implementation plan
and report changes to the General Assembly by July 1 of each
year. Initial implementation of the plan is required by July 1,
2005. The requirement of annual updates and reports expires in
2008, unless otherwise extended by the General Assembly.

SB2902 - 113 - LRB098 16889 JWD 51964 b
(Source: P.A. 95-331, eff. 8-21-07.)
Section 120. The Criminal Identification Act is amended by
changing Section 5.2 as follows:
(20 ILCS 2630/5.2)
Sec. 5.2. Expungement and sealing.
(a) General Provisions.
(1) Definitions. In this Act, words and phrases have
the meanings set forth in this subsection, except when a
particular context clearly requires a different meaning.
(A) The following terms shall have the meanings
ascribed to them in the Unified Code of Corrections,
730 ILCS 5/5-1-2 through 5/5-1-22:
(i) Business Offense (730 ILCS 5/5-1-2),
(ii) Charge (730 ILCS 5/5-1-3),
(iii) Court (730 ILCS 5/5-1-6),
(iv) Defendant (730 ILCS 5/5-1-7),
(v) Felony (730 ILCS 5/5-1-9),
(vi) Imprisonment (730 ILCS 5/5-1-10),
(vii) Judgment (730 ILCS 5/5-1-12),
(viii) Misdemeanor (730 ILCS 5/5-1-14),
(ix) Offense (730 ILCS 5/5-1-15),
(x) Parole (730 ILCS 5/5-1-16),
(xi) Petty Offense (730 ILCS 5/5-1-17),
(xii) Probation (730 ILCS 5/5-1-18),

SB2902 - 114 - LRB098 16889 JWD 51964 b
(xiii) Sentence (730 ILCS 5/5-1-19),
(xiv) Supervision (730 ILCS 5/5-1-21), and
(xv) Victim (730 ILCS 5/5-1-22).
(B) As used in this Section, "charge not initiated
by arrest" means a charge (as defined by 730 ILCS
5/5-1-3) brought against a defendant where the
defendant is not arrested prior to or as a direct
result of the charge.
(C) "Conviction" means a judgment of conviction or
sentence entered upon a plea of guilty or upon a
verdict or finding of guilty of an offense, rendered by
a legally constituted jury or by a court of competent
jurisdiction authorized to try the case without a jury.
An order of supervision successfully completed by the
petitioner is not a conviction. An order of qualified
probation (as defined in subsection (a)(1)(J))
successfully completed by the petitioner is not a
conviction. An order of supervision or an order of
qualified probation that is terminated
unsatisfactorily is a conviction, unless the
unsatisfactory termination is reversed, vacated, or
modified and the judgment of conviction, if any, is
reversed or vacated.
(D) "Criminal offense" means a petty offense,
business offense, misdemeanor, felony, or municipal
ordinance violation (as defined in subsection

SB2902 - 115 - LRB098 16889 JWD 51964 b
(a)(1)(H)). As used in this Section, a minor traffic
offense (as defined in subsection (a)(1)(G)) shall not
be considered a criminal offense.
(E) "Expunge" means to physically destroy the
records or return them to the petitioner and to
obliterate the petitioner's name from any official
index or public record, or both. Nothing in this Act
shall require the physical destruction of the circuit
court file, but such records relating to arrests or
charges, or both, ordered expunged shall be impounded
as required by subsections (d)(9)(A)(ii) and
(d)(9)(B)(ii).
(F) As used in this Section, "last sentence" means
the sentence, order of supervision, or order of
qualified probation (as defined by subsection
(a)(1)(J)), for a criminal offense (as defined by
subsection (a)(1)(D)) that terminates last in time in
any jurisdiction, regardless of whether the petitioner
has included the criminal offense for which the
sentence or order of supervision or qualified
probation was imposed in his or her petition. If
multiple sentences, orders of supervision, or orders
of qualified probation terminate on the same day and
are last in time, they shall be collectively considered
the "last sentence" regardless of whether they were
ordered to run concurrently.

SB2902 - 116 - LRB098 16889 JWD 51964 b
(G) "Minor traffic offense" means a petty offense,
business offense, or Class C misdemeanor under the
Illinois Vehicle Code or a similar provision of a
municipal or local ordinance.
(H) "Municipal ordinance violation" means an
offense defined by a municipal or local ordinance that
is criminal in nature and with which the petitioner was
charged or for which the petitioner was arrested and
released without charging.
(I) "Petitioner" means an adult or a minor
prosecuted as an adult who has applied for relief under
this Section.
(J) "Qualified probation" means an order of
probation under Section 10 of the Cannabis Control Act,
Section 410 of the Illinois Controlled Substances Act,
Section 70 of the Methamphetamine Control and
Community Protection Act, Section 5-6-3.3 or 5-6-3.4
of the Unified Code of Corrections, Section
12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
those provisions existed before their deletion by
Public Act 89-313), Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section
40-10 of the Alcoholism and Other Drug Abuse and
Dependency Act, or Section 10 of the Steroid Control
Act. For the purpose of this Section, "successful
completion" of an order of qualified probation under

SB2902 - 117 - LRB098 16889 JWD 51964 b
Section 10-102 of the Illinois Alcoholism and Other
Drug Dependency Act and Section 40-10 of the Alcoholism
and Other Drug Abuse and Dependency Act means that the
probation was terminated satisfactorily and the
judgment of conviction was vacated.
(K) "Seal" means to physically and electronically
maintain the records, unless the records would
otherwise be destroyed due to age, but to make the
records unavailable without a court order, subject to
the exceptions in Sections 12 and 13 of this Act. The
petitioner's name shall also be obliterated from the
official index required to be kept by the circuit court
clerk under Section 16 of the Clerks of Courts Act, but
any index issued by the circuit court clerk before the
entry of the order to seal shall not be affected.
(L) "Sexual offense committed against a minor"
includes but is not limited to the offenses of indecent
solicitation of a child or criminal sexual abuse when
the victim of such offense is under 18 years of age.
(M) "Terminate" as it relates to a sentence or
order of supervision or qualified probation includes
either satisfactory or unsatisfactory termination of
the sentence, unless otherwise specified in this
Section.
(2) Minor Traffic Offenses. Orders of supervision or
convictions for minor traffic offenses shall not affect a

SB2902 - 118 - LRB098 16889 JWD 51964 b
petitioner's eligibility to expunge or seal records
pursuant to this Section.
(3) Exclusions. Except as otherwise provided in
subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
of this Section, the court shall not order:
(A) the sealing or expungement of the records of
arrests or charges not initiated by arrest that result
in an order of supervision for or conviction of: (i)
any sexual offense committed against a minor; (ii)
Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance; or (iii)
Section 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, unless the
arrest or charge is for a misdemeanor violation of
subsection (a) of Section 11-503 or a similar provision
of a local ordinance, that occurred prior to the
offender reaching the age of 25 years and the offender
has no other conviction for violating Section 11-501 or
11-503 of the Illinois Vehicle Code or a similar
provision of a local ordinance.
(B) the sealing or expungement of records of minor
traffic offenses (as defined in subsection (a)(1)(G)),
unless the petitioner was arrested and released
without charging.
(C) the sealing of the records of arrests or
charges not initiated by arrest which result in an

SB2902 - 119 - LRB098 16889 JWD 51964 b
order of supervision, an order of qualified probation
(as defined in subsection (a)(1)(J)), or a conviction
for the following offenses:
(i) offenses included in Article 11 of the
Criminal Code of 1961 or the Criminal Code of 2012
or a similar provision of a local ordinance, except
Section 11-14 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
26-5, or 48-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;
(iii) offenses defined as "crimes of violence"
in Section 2 of the Crime Victims Compensation Act
or a similar provision of a local ordinance;
(iv) offenses which are Class A misdemeanors
under the Humane Care for Animals Act; or
(v) any offense or attempted offense that
would subject a person to registration under the
Sex Offender Registration Act.
(D) the sealing of the records of an arrest which
results in the petitioner being charged with a felony
offense or records of a charge not initiated by arrest
for a felony offense unless:
(i) the charge is amended to a misdemeanor and

SB2902 - 120 - LRB098 16889 JWD 51964 b
is otherwise eligible to be sealed pursuant to
subsection (c);
(ii) the charge is brought along with another
charge as a part of one case and the charge results
in acquittal, dismissal, or conviction when the
conviction was reversed or vacated, and another
charge brought in the same case results in a
disposition for a misdemeanor offense that is
eligible to be sealed pursuant to subsection (c) or
a disposition listed in paragraph (i), (iii), or
(iv) of this subsection;
(iii) the charge results in first offender
probation as set forth in subsection (c)(2)(E);
(iv) the charge is for a felony offense listed
in subsection (c)(2)(F) or the charge is amended to
a felony offense listed in subsection (c)(2)(F);
(v) the charge results in acquittal,
dismissal, or the petitioner's release without
conviction; or
(vi) the charge results in a conviction, but
the conviction was reversed or vacated.
(b) Expungement.
(1) A petitioner may petition the circuit court to
expunge the records of his or her arrests and charges not
initiated by arrest when:
(A) He or she has never been convicted of a

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criminal offense; and
(B) Each arrest or charge not initiated by arrest
sought to be expunged resulted in: (i) acquittal,
dismissal, or the petitioner's release without
charging, unless excluded by subsection (a)(3)(B);
(ii) a conviction which was vacated or reversed, unless
excluded by subsection (a)(3)(B); (iii) an order of
supervision and such supervision was successfully
completed by the petitioner, unless excluded by
subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
qualified probation (as defined in subsection
(a)(1)(J)) and such probation was successfully
completed by the petitioner.
(2) Time frame for filing a petition to expunge.
(A) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an acquittal,
dismissal, the petitioner's release without charging,
or the reversal or vacation of a conviction, there is
no waiting period to petition for the expungement of
such records.
(B) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
supervision, successfully completed by the petitioner,
the following time frames will apply:
(i) Those arrests or charges that resulted in
orders of supervision under Section 3-707, 3-708,

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3-710, or 5-401.3 of the Illinois Vehicle Code or a
similar provision of a local ordinance, or under
Section 11-1.50, 12-3.2, or 12-15 of the Criminal
Code of 1961 or the Criminal Code of 2012, or a
similar provision of a local ordinance, shall not
be eligible for expungement until 5 years have
passed following the satisfactory termination of
the supervision.
(i-5) Those arrests or charges that resulted
in orders of supervision for a misdemeanor
violation of subsection (a) of Section 11-503 of
the Illinois Vehicle Code or a similar provision of
a local ordinance, that occurred prior to the
offender reaching the age of 25 years and the
offender has no other conviction for violating
Section 11-501 or 11-503 of the Illinois Vehicle
Code or a similar provision of a local ordinance
shall not be eligible for expungement until the
petitioner has reached the age of 25 years.
(ii) Those arrests or charges that resulted in
orders of supervision for any other offenses shall
not be eligible for expungement until 2 years have
passed following the satisfactory termination of
the supervision.
(C) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of

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qualified probation, successfully completed by the
petitioner, such records shall not be eligible for
expungement until 5 years have passed following the
satisfactory termination of the probation.
(3) Those records maintained by the Department for
persons arrested prior to their 17th birthday shall be
expunged as provided in Section 5-915 of the Juvenile Court
Act of 1987.
(4) Whenever a person has been arrested for or
convicted of any offense, in the name of a person whose
identity he or she has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization,
upon learning of the person having been arrested using his
or her identity, may, upon verified petition to the chief
judge of the circuit wherein the arrest was made, have a
court order entered nunc pro tunc by the Chief Judge to
correct the arrest record, conviction record, if any, and
all official records of the arresting authority, the
Department, other criminal justice agencies, the
prosecutor, and the trial court concerning such arrest, if
any, by removing his or her name from all such records in
connection with the arrest and conviction, if any, and by
inserting in the records the name of the offender, if known
or ascertainable, in lieu of the aggrieved's name. The
records of the circuit court clerk shall be sealed until

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further order of the court upon good cause shown and the
name of the aggrieved person obliterated on the official
index required to be kept by the circuit court clerk under
Section 16 of the Clerks of Courts Act, but the order shall
not affect any index issued by the circuit court clerk
before the entry of the order. Nothing in this Section
shall limit the Department of State Police or other
criminal justice agencies or prosecutors from listing
under an offender's name the false names he or she has
used.
(5) Whenever a person has been convicted of criminal
sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, criminal
sexual abuse, or aggravated criminal sexual abuse, the
victim of that offense may request that the State's
Attorney of the county in which the conviction occurred
file a verified petition with the presiding trial judge at
the petitioner's trial to have a court order entered to
seal the records of the circuit court clerk in connection
with the proceedings of the trial court concerning that
offense. However, the records of the arresting authority
and the Department of State Police concerning the offense
shall not be sealed. The court, upon good cause shown,
shall make the records of the circuit court clerk in
connection with the proceedings of the trial court
concerning the offense available for public inspection.

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(6) If a conviction has been set aside on direct review
or on collateral attack and the court determines by clear
and convincing evidence that the petitioner was factually
innocent of the charge, the court that finds the petitioner
factually innocent of the charge shall enter an expungement
order for the conviction for which the petitioner has been
determined to be innocent as provided in subsection (b) of
Section 5-5-4 of the Unified Code of Corrections.
(7) Nothing in this Section shall prevent the
Department of State Police from maintaining all records of
any person who is admitted to probation upon terms and
conditions and who fulfills those terms and conditions
pursuant to Section 10 of the Cannabis Control Act, Section
410 of the Illinois Controlled Substances Act, Section 70
of the Methamphetamine Control and Community Protection
Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
Corrections, Section 12-4.3 or subdivision (b)(1) of
Section 12-3.05 of the Criminal Code of 1961 or the
Criminal Code of 2012, Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section 40-10 of
the Alcoholism and Other Drug Abuse and Dependency Act, or
Section 10 of the Steroid Control Act.
(8) If the petitioner has been granted a certificate of
innocence under Section 2-702 of the Code of Civil
Procedure, the court that grants the certificate of
innocence shall also enter an order expunging the

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conviction for which the petitioner has been determined to
be innocent as provided in subsection (h) of Section 2-702
of the Code of Civil Procedure.
(c) Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any rights
to expungement of criminal records, this subsection
authorizes the sealing of criminal records of adults and of
minors prosecuted as adults.
(2) Eligible Records. The following records may be
sealed:
(A) All arrests resulting in release without
charging;
(B) Arrests or charges not initiated by arrest
resulting in acquittal, dismissal, or conviction when
the conviction was reversed or vacated, except as
excluded by subsection (a)(3)(B);
(C) Arrests or charges not initiated by arrest
resulting in orders of supervision successfully
completed by the petitioner, unless excluded by
subsection (a)(3);
(D) Arrests or charges not initiated by arrest
resulting in convictions unless excluded by subsection
(a)(3);
(E) Arrests or charges not initiated by arrest
resulting in orders of first offender probation under

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Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, Section 70 of
the Methamphetamine Control and Community Protection
Act, or Section 5-6-3.3 of the Unified Code of
Corrections; and
(F) Arrests or charges not initiated by arrest
resulting in felony convictions for the following
offenses:
(i) Class 4 felony convictions for:
Prostitution under Section 11-14 of the
Criminal Code of 1961 or the Criminal Code of
2012.
Possession of cannabis under Section 4 of
the Cannabis Control Act.
Possession of a controlled substance under
Section 402 of the Illinois Controlled
Substances Act.
Offenses under the Methamphetamine
Precursor Control Act.
Offenses under the Steroid Control Act.
Theft under Section 16-1 of the Criminal
Code of 1961 or the Criminal Code of 2012.
Retail theft under Section 16A-3 or
paragraph (a) of 16-25 of the Criminal Code of
1961 or the Criminal Code of 2012.
Deceptive practices under Section 17-1 of

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the Criminal Code of 1961 or the Criminal Code
of 2012.
Forgery under Section 17-3 of the Criminal
Code of 1961 or the Criminal Code of 2012.
Possession of burglary tools under Section
19-2 of the Criminal Code of 1961 or the
Criminal Code of 2012.
(ii) Class 3 felony convictions for:
Theft under Section 16-1 of the Criminal
Code of 1961 or the Criminal Code of 2012.
Retail theft under Section 16A-3 or
paragraph (a) of 16-25 of the Criminal Code of
1961 or the Criminal Code of 2012.
Deceptive practices under Section 17-1 of
the Criminal Code of 1961 or the Criminal Code
of 2012.
Forgery under Section 17-3 of the Criminal
Code of 1961 or the Criminal Code of 2012.
Possession with intent to manufacture or
deliver a controlled substance under Section
401 of the Illinois Controlled Substances Act.
(3) When Records Are Eligible to Be Sealed. Records
identified as eligible under subsection (c)(2) may be
sealed as follows:
(A) Records identified as eligible under
subsection (c)(2)(A) and (c)(2)(B) may be sealed at any

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time.
(B) Records identified as eligible under
subsection (c)(2)(C) may be sealed (i) 3 years after
the termination of petitioner's last sentence (as
defined in subsection (a)(1)(F)) if the petitioner has
never been convicted of a criminal offense (as defined
in subsection (a)(1)(D)); or (ii) 4 years after the
termination of the petitioner's last sentence (as
defined in subsection (a)(1)(F)) if the petitioner has
ever been convicted of a criminal offense (as defined
in subsection (a)(1)(D)).
(C) Records identified as eligible under
subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
sealed 4 years after the termination of the
petitioner's last sentence (as defined in subsection
(a)(1)(F)).
(D) Records identified in subsection
(a)(3)(A)(iii) may be sealed after the petitioner has
reached the age of 25 years.
(4) Subsequent felony convictions. A person may not
have subsequent felony conviction records sealed as
provided in this subsection (c) if he or she is convicted
of any felony offense after the date of the sealing of
prior felony convictions as provided in this subsection
(c). The court may, upon conviction for a subsequent felony
offense, order the unsealing of prior felony conviction

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records previously ordered sealed by the court.
(5) Notice of eligibility for sealing. Upon entry of a
disposition for an eligible record under this subsection
(c), the petitioner shall be informed by the court of the
right to have the records sealed and the procedures for the
sealing of the records.
(d) Procedure. The following procedures apply to
expungement under subsections (b), (e), and (e-6) and sealing
under subsections (c) and (e-5):
(1) Filing the petition. Upon becoming eligible to
petition for the expungement or sealing of records under
this Section, the petitioner shall file a petition
requesting the expungement or sealing of records with the
clerk of the court where the arrests occurred or the
charges were brought, or both. If arrests occurred or
charges were brought in multiple jurisdictions, a petition
must be filed in each such jurisdiction. The petitioner
shall pay the applicable fee, if not waived.
(2) Contents of petition. The petition shall be
verified and shall contain the petitioner's name, date of
birth, current address and, for each arrest or charge not
initiated by arrest sought to be sealed or expunged, the
case number, the date of arrest (if any), the identity of
the arresting authority, and such other information as the
court may require. During the pendency of the proceeding,
the petitioner shall promptly notify the circuit court

SB2902 - 131 - LRB098 16889 JWD 51964 b
clerk of any change of his or her address. If the
petitioner has received a certificate of eligibility for
sealing from the Prisoner Review Board under paragraph (10)
of subsection (a) of Section 3-3-2 of the Unified Code of
Corrections, the certificate shall be attached to the
petition.
(3) Drug test. The petitioner must attach to the
petition proof that the petitioner has passed a test taken
within 30 days before the filing of the petition showing
the absence within his or her body of all illegal
substances as defined by the Illinois Controlled
Substances Act, the Methamphetamine Control and Community
Protection Act, and the Cannabis Control Act if he or she
is petitioning to:
(A) seal felony records under clause (c)(2)(E);
(B) seal felony records for a violation of the
Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act,
or the Cannabis Control Act under clause (c)(2)(F);
(C) seal felony records under subsection (e-5); or
(D) expunge felony records of a qualified
probation under clause (b)(1)(B)(iv).
(4) Service of petition. The circuit court clerk shall
promptly serve a copy of the petition and documentation to
support the petition under subsection (e), (e-5), or (e-6)
on the State's Attorney or prosecutor charged with the duty

SB2902 - 132 - LRB098 16889 JWD 51964 b
of prosecuting the offense, the Department of State Police,
the arresting agency and the chief legal officer of the
unit of local government effecting the arrest.
(5) Objections.
(A) Any party entitled to notice of the petition
may file an objection to the petition. All objections
shall be in writing, shall be filed with the circuit
court clerk, and shall state with specificity the basis
of the objection.
(B) Objections to a petition to expunge or seal
must be filed within 60 days of the date of service of
the petition.
(6) Entry of order.
(A) The Chief Judge of the circuit wherein the
charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less
than 3,000,000 inhabitants, the presiding trial judge
at the petitioner's trial, if any, shall rule on the
petition to expunge or seal as set forth in this
subsection (d)(6).
(B) Unless the State's Attorney or prosecutor, the
Department of State Police, the arresting agency, or
the chief legal officer files an objection to the
petition to expunge or seal within 60 days from the
date of service of the petition, the court shall enter
an order granting or denying the petition.

SB2902 - 133 - LRB098 16889 JWD 51964 b
(7) Hearings. If an objection is filed, the court shall
set a date for a hearing and notify the petitioner and all
parties entitled to notice of the petition of the hearing
date at least 30 days prior to the hearing. Prior to the
hearing, the State's Attorney shall consult with the
Department as to the appropriateness of the relief sought
in the petition to expunge or seal. At the hearing, the
court shall hear evidence on whether the petition should or
should not be granted, and shall grant or deny the petition
to expunge or seal the records based on the evidence
presented at the hearing. The court may consider the
following:
(A) the strength of the evidence supporting the
defendant's conviction;
(B) the reasons for retention of the conviction
records by the State;
(C) the petitioner's age, criminal record history,
and employment history;
(D) the period of time between the petitioner's
arrest on the charge resulting in the conviction and
the filing of the petition under this Section; and
(E) the specific adverse consequences the
petitioner may be subject to if the petition is denied.
(8) Service of order. After entering an order to
expunge or seal records, the court must provide copies of
the order to the Department, in a form and manner

SB2902 - 134 - LRB098 16889 JWD 51964 b
prescribed by the Department, to the petitioner, to the
State's Attorney or prosecutor charged with the duty of
prosecuting the offense, to the arresting agency, to the
chief legal officer of the unit of local government
effecting the arrest, and to such other criminal justice
agencies as may be ordered by the court.
(9) Implementation of order.
(A) Upon entry of an order to expunge records
pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency,
the Department, and any other agency as ordered by
the court, within 60 days of the date of service of
the order, unless a motion to vacate, modify, or
reconsider the order is filed pursuant to
paragraph (12) of subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the court
upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
and
(iii) in response to an inquiry for expunged

SB2902 - 135 - LRB098 16889 JWD 51964 b
records, the court, the Department, or the agency
receiving such inquiry, shall reply as it does in
response to inquiries when no records ever
existed.
(B) Upon entry of an order to expunge records
pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed pursuant to paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the court
upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Department within 60 days of the date of service of
the order as ordered by the court, unless a motion
to vacate, modify, or reconsider the order is filed
pursuant to paragraph (12) of subsection (d) of

SB2902 - 136 - LRB098 16889 JWD 51964 b
this Section;
(iv) records impounded by the Department may
be disseminated by the Department only as required
by law or to the arresting authority, the State's
Attorney, and the court upon a later arrest for the
same or a similar offense or for the purpose of
sentencing for any subsequent felony, and to the
Department of Corrections upon conviction for any
offense; and
(v) in response to an inquiry for such records
from anyone not authorized by law to access such
records, the court, the Department, or the agency
receiving such inquiry shall reply as it does in
response to inquiries when no records ever
existed.
(B-5) Upon entry of an order to expunge records
under subsection (e-6):
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed under paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the court

SB2902 - 137 - LRB098 16889 JWD 51964 b
upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Department within 60 days of the date of service of
the order as ordered by the court, unless a motion
to vacate, modify, or reconsider the order is filed
under paragraph (12) of subsection (d) of this
Section;
(iv) records impounded by the Department may
be disseminated by the Department only as required
by law or to the arresting authority, the State's
Attorney, and the court upon a later arrest for the
same or a similar offense or for the purpose of
sentencing for any subsequent felony, and to the
Department of Corrections upon conviction for any
offense; and
(v) in response to an inquiry for these records
from anyone not authorized by law to access the
records, the court, the Department, or the agency
receiving the inquiry shall reply as it does in
response to inquiries when no records ever
existed.

SB2902 - 138 - LRB098 16889 JWD 51964 b
(C) Upon entry of an order to seal records under
subsection (c), the arresting agency, any other agency
as ordered by the court, the Department, and the court
shall seal the records (as defined in subsection
(a)(1)(K)). In response to an inquiry for such records
from anyone not authorized by law to access such
records, the court, the Department, or the agency
receiving such inquiry shall reply as it does in
response to inquiries when no records ever existed.
(D) The Department shall send written notice to the
petitioner of its compliance with each order to expunge
or seal records within 60 days of the date of service
of that order or, if a motion to vacate, modify, or
reconsider is filed, within 60 days of service of the
order resolving the motion, if that order requires the
Department to expunge or seal records. In the event of
an appeal from the circuit court order, the Department
shall send written notice to the petitioner of its
compliance with an Appellate Court or Supreme Court
judgment to expunge or seal records within 60 days of
the issuance of the court's mandate. The notice is not
required while any motion to vacate, modify, or
reconsider, or any appeal or petition for
discretionary appellate review, is pending.
(10) Fees. The Department may charge the petitioner a
fee equivalent to the cost of processing any order to

SB2902 - 139 - LRB098 16889 JWD 51964 b
expunge or seal records. Notwithstanding any provision of
the Clerks of Courts Act to the contrary, the circuit court
clerk may charge a fee equivalent to the cost associated
with the sealing or expungement of records by the circuit
court clerk. From the total filing fee collected for the
petition to seal or expunge, the circuit court clerk shall
deposit $10 into the Circuit Court Clerk Operation and
Administrative Fund, to be used to offset the costs
incurred by the circuit court clerk in performing the
additional duties required to serve the petition to seal or
expunge on all parties. The circuit court clerk shall
collect and forward the Department of State Police portion
of the fee to the Department and it shall be deposited in
the State Police Services Fund.
(11) Final Order. No court order issued under the
expungement or sealing provisions of this Section shall
become final for purposes of appeal until 30 days after
service of the order on the petitioner and all parties
entitled to notice of the petition.
(12) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner or any party entitled to notice may file a
motion to vacate, modify, or reconsider the order granting
or denying the petition to expunge or seal within 60 days
of service of the order. If filed more than 60 days after
service of the order, a petition to vacate, modify, or

SB2902 - 140 - LRB098 16889 JWD 51964 b
reconsider shall comply with subsection (c) of Section
2-1401 of the Code of Civil Procedure. Upon filing of a
motion to vacate, modify, or reconsider, notice of the
motion shall be served upon the petitioner and all parties
entitled to notice of the petition.
(13) Effect of Order. An order granting a petition
under the expungement or sealing provisions of this Section
shall not be considered void because it fails to comply
with the provisions of this Section or because of any error
asserted in a motion to vacate, modify, or reconsider. The
circuit court retains jurisdiction to determine whether
the order is voidable and to vacate, modify, or reconsider
its terms based on a motion filed under paragraph (12) of
this subsection (d).
(14) Compliance with Order Granting Petition to Seal
Records. Unless a court has entered a stay of an order
granting a petition to seal, all parties entitled to notice
of the petition must fully comply with the terms of the
order within 60 days of service of the order even if a
party is seeking relief from the order through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order.
(15) Compliance with Order Granting Petition to
Expunge Records. While a party is seeking relief from the
order granting the petition to expunge through a motion
filed under paragraph (12) of this subsection (d) or is

SB2902 - 141 - LRB098 16889 JWD 51964 b
appealing the order, and unless a court has entered a stay
of that order, the parties entitled to notice of the
petition must seal, but need not expunge, the records until
there is a final order on the motion for relief or, in the
case of an appeal, the issuance of that court's mandate.
(16) The changes to this subsection (d) made by Public
Act 98-163 this amendatory Act of the 98th General Assembly
apply to all petitions pending on August 5, 2013 (the
effective date of Public Act 98-163) this amendatory Act of
the 98th General Assembly and to all orders ruling on a
petition to expunge or seal on or after August 5, 2013 (the
effective date of Public Act 98-163) this amendatory Act of
the 98th General Assembly.
(e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the defendant's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Department be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the defendant
obliterated from the official index requested to be kept by the

SB2902 - 142 - LRB098 16889 JWD 51964 b
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense for which he or she had been pardoned but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Department may be disseminated by the Department only to the
arresting authority, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department pertaining
to that individual. Upon entry of the order of expungement, the
circuit court clerk shall promptly mail a copy of the order to
the person who was pardoned.
(e-5) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for sealing by
the Prisoner Review Board which specifically authorizes
sealing, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered sealing the record of arrest from the official records
of the arresting authority and order that the records of the
circuit court clerk and the Department be sealed until further
order of the court upon good cause shown or as otherwise

SB2902 - 143 - LRB098 16889 JWD 51964 b
provided herein, and the name of the petitioner obliterated
from the official index requested to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts Act in
connection with the arrest and conviction for the offense for
which he or she had been granted the certificate but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Department may be disseminated by the Department only as
required by this Act or to the arresting authority, a law
enforcement agency, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department pertaining
to that individual. Upon entry of the order of sealing, the
circuit court clerk shall promptly mail a copy of the order to
the person who was granted the certificate of eligibility for
sealing.
(e-6) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for expungement
by the Prisoner Review Board which specifically authorizes
expungement, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order

SB2902 - 144 - LRB098 16889 JWD 51964 b
entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Department be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the petitioner
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense for which he or she had been granted the certificate
but the order shall not affect any index issued by the circuit
court clerk before the entry of the order. All records sealed
by the Department may be disseminated by the Department only as
required by this Act or to the arresting authority, a law
enforcement agency, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all expunged records of the Department
pertaining to that individual. Upon entry of the order of
expungement, the circuit court clerk shall promptly mail a copy
of the order to the person who was granted the certificate of
eligibility for expungement.
(f) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their

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criminal records under Public Act 93-211. At the request of the
Illinois Department of Corrections, records of the Illinois
Department of Workforce Development Employment Security shall
be utilized as appropriate to assist in the study. The study
shall not disclose any data in a manner that would allow the
identification of any particular individual or employing unit.
The study shall be made available to the General Assembly no
later than September 1, 2010.
(Source: P.A. 97-443, eff. 8-19-11; 97-698, eff. 1-1-13;
97-1026, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff.
1-1-13; 97-1118, eff. 1-1-13; 97-1120, eff. 1-1-13; 97-1150,
eff. 1-25-13; 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163,
eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; revised
9-4-13.)
Section 125. The Department of Veterans Affairs Act is
amended by changing Section 15 as follows:
(20 ILCS 2805/15)
Sec. 15. Veterans advisory council.
(a) A veterans advisory council shall be established in the
State of Illinois. The council shall consist of at least 21
members as follows:
(1) Four members of the General Assembly, appointed one
each by the President of the Senate, the Minority Leader of
the Senate, the Speaker of the House of Representatives,

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and the Minority Leader of the House of Representatives,
preferably from a legislative or representative district
in which a State-operated veterans home is located.
(2) Six veterans appointed by the Director of Veterans'
Affairs.
(3) One veteran appointed by the commander or president
of each veterans service organization that is chartered by
the federal government and by the State of Illinois and
elects to appoint a member.
(4) One person appointed by the Adjutant General of the
Illinois National Guard.
(5) One person appointed by the Illinois Attorney
General.
(6) One person appointed by the Illinois Secretary of
State.
(7) One person appointed by the Director of the
Illinois Department of Workforce Development Employment
Security.
(8) One person appointed by each military family
organization that is chartered by the federal government.
No member of the council shall be an employee or
representative of the Department of Veterans' Affairs.
Members of the council shall serve without compensation or
reimbursement.
(b) At the initial meeting of the council, the members
shall elect from among themselves a chairman. The members shall

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draw lots to determine the length of their terms so that 9
members have terms that expire on July 1, 2005 and the
remaining members have terms that expire on July 1, 2006.
Thereafter, all members of the council shall be appointed for
terms of 2 years.
The appointing authority may at any time make an
appointment to fill a vacancy for the unexpired term of a
member.
(c) The council shall meet quarterly or at the call of the
chairman or at the call of the Director of Veterans' Affairs or
the Governor. The Department shall provide meeting space and
clerical and administrative support services for the council.
(d) The council has the power to do the following:
(1) Advise the Department of Veterans' Affairs with
respect to the fulfillment of its statutory duties.
(2) Review and study the issues and concerns that are
most significant to Illinois veterans and advise the
Department on those issues and concerns.
(3) Receive a report from the Director of Veterans'
Affairs or the Director's designee at each meeting with
respect to the general activities of the Department.
(4) Report to the Governor and the General Assembly
annually describing the issues addressed and the actions
taken by the council during the year as well as any
recommendations for future action.
(e) The council established under this Section replaces any

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Illinois Veterans Advisory Council established under Executive
Order No. 3 (1982).
(Source: P.A. 96-1266, eff. 7-26-10.)
Section 130. The Human Services 211 Collaboration Board Act
is amended by changing Sections 10 and 10.5 as follows:
(20 ILCS 3956/10)
(For Act repeal see Section 90)
Sec. 10. Human Services 211 Collaboration Board.
(a) The Human Services 211 Collaboration Board is
established to implement a non-emergency telephone number that
will provide human services information concerning the
availability of governmental and non-profit services and
provide referrals to human services agencies, which may include
referral to an appropriate web site. The Board shall consist of
9 members appointed by the Governor. The Governor shall appoint
one representative of each of the following Offices and
Departments as a member of the Board: the Office of the
Governor, the Department of Human Services, the Department of
Healthcare and Family Services, the Department of Public
Health, the Department of Children and Family Services, the
Department on Aging, the Department of Workforce Development
Employment Security, the Department of Human Rights, and the
Illinois Commerce Commission. The Governor shall designate one
of the members as Chairperson. Members of the Board shall serve

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3-year terms and may be reappointed to serve additional terms.
(b) The Board shall establish standards consistent with the
standards established by the National 211 Collaborative and the
Alliance of Information and Referral Systems for providing
information about and referrals to human services agencies to
211 callers. The standards shall prescribe the technology or
manner of delivering 211 calls and shall not exceed any
requirements for 211 systems set by the Federal Communications
Commission. The standards shall be consistent with the
Americans with Disabilities Act, ensuring accessibility for
users of Teletypewriters for the Deaf (TTY).
(Source: P.A. 94-427, eff. 1-1-06; 95-331, eff. 8-21-07.)
(20 ILCS 3956/10.5)
(For Act repeal see Section 90)
Sec. 10.5. Advisory panel. The Human Services 211
Collaborative Board advisory panel is created to advise the
Board on the implementation and administration of this Act.
The panel shall consist of members appointed by the
Governor. The Governor shall appoint one representative of each
of the following Offices and Departments as a member of the
advisory panel: the Office of the Governor, the Department of
Human Services, the Department of Public Aid, the Department of
Public Health, the Department of Children and Family Services,
the Department on Aging, the Department of Workforce
Development Employment Security, the Department of Human

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Rights, and the Illinois Commerce Commission. The Governor
shall appoint up to 14 representatives of not-for-profit human
services organizations in the State to the advisory panel. The
Governor shall designate one of the members as chairperson.
Members of the advisory panel shall serve 3-year terms and may
be reappointed to serve additional terms.
(Source: P.A. 94-427, eff. 1-1-06.)
Section 135. The Illinois Economic Development Board Act is
amended by changing Section 4.5 as follows:
(20 ILCS 3965/4.5)
Sec. 4.5. Additional duties. In addition to those duties
granted under Section 4, the Illinois Economic Development
Board shall:
(1) Establish a Business Investment Location
Development Committee for the purpose of making
recommendations for designated economic development
projects. At the request of the Board, the Director of
Commerce and Economic Opportunity or his or her designee;
the Director of the Governor's Office of Management and
Budget, or his or her designee; the Director of Revenue, or
his or her designee; the Director of Workforce Development
Employment Security, or his or her designee; and an elected
official of the affected locality, such as the chair of the
county board or the mayor, may serve as members of the

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Committee to assist with its analysis and deliberations.
(2) Establish a Business Regulatory Review Committee
to generate private sector analysis, input, and guidance on
methods of regulatory assistance and review. At the
determination of the Board, individual small business
owners and operators; national, State, and regional
organizations representative of small firms; and
representatives of existing State or regional councils of
business may be designated as members of this Business
Regulatory Review Committee.
(Source: P.A. 94-793, eff. 5-19-06.)
Section 140. The Interagency Coordinating Committee on
Transportation Act is amended by changing Section 15 as
follows:
(20 ILCS 3968/15)
Sec. 15. Committee. The Illinois Coordinating Committee on
Transportation is created and shall consist of the following
members:
(1) The Governor or his or her designee.
(2) The Secretary of Transportation or his or her
designee.
(3) The Secretary of Human Services or his or her
designee.
(4) The Director of Aging or his or her designee.

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(5) The Director of Healthcare and Family Services or
his or her designee.
(6) The Director of Commerce and Economic Opportunity
or his or her designee.
(7) A representative of the Illinois Rural Transit
Assistance Center.
(8) A person who is a member of a recognized statewide
organization representing older residents of Illinois.
(9) A representative of centers for independent
living.
(10) A representative of the Illinois Public
Transportation Association.
(11) A representative of an existing transportation
system that coordinates and provides transit services in a
multi-county area for the Department of Transportation,
Department of Human Services, Department of Commerce and
Economic Opportunity, or Department on Aging.
(12) A representative of a statewide organization of
rehabilitation facilities or other providers of services
for persons with one or more disabilities.
(13) A representative of a community-based
organization.
(14) A representative of the Department of Public
Health.
(15) A representative of the Rural Partners.
(16) The Director of Workforce Development Employment

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Security or his or her designee.
(17) A representative of a statewide business
association.
(18) A representative of the Illinois Council on
Developmental Disabilities.
The Governor shall appoint the members of the Committee
other than those named in paragraphs (1) through (6) and
paragraph (16) of this Section. The Governor or his or her
designee shall serve as chairperson of the Committee and shall
convene the meetings of the Committee. The Secretary of
Transportation and a representative of a community-based
organization involved in transportation or their designees,
shall serve as co-vice-chairpersons and shall be responsible
for staff support for the committee.
(Source: P.A. 94-793, eff. 5-19-06; 95-331, eff. 8-21-07.)
Section 145. The Interagency Coordinating Council Act is
amended by changing Section 2 as follows:
(20 ILCS 3970/2) (from Ch. 127, par. 3832)
Sec. 2. Interagency Coordinating Council. There is hereby
created an Interagency Coordinating Council which shall be
composed of the Directors, or their designees, of the Illinois
Department of Children and Family Services, Illinois
Department of Commerce and Economic Opportunity, Illinois
Department of Corrections, Illinois Department of Workforce

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Development Employment Security, and Illinois Department of
Healthcare and Family Services; the Secretary of Human Services
or his or her designee; the Executive Director, or a designee,
of the Illinois Community College Board, the Board of Higher
Education, and the Illinois Planning Council on Developmental
Disabilities; the State Superintendent of Education, or a
designee; and a designee representing the University of
Illinois - Division of Specialized Care for Children. The
Secretary of Human Services (or the member who is the designee
for the Secretary of Human Services) and the State
Superintendent of Education (or the member who is the designee
for the State Superintendent of Education) shall be co-chairs
of the Council. The co-chairs shall be responsible for ensuring
that the functions described in Section 3 of this Act are
carried out.
(Source: P.A. 94-793, eff. 5-19-06; 95-331, eff. 8-21-07.)
Section 150. The Illinois Workforce Investment Board Act is
amended by changing Section 7.2 as follows:
(20 ILCS 3975/7.2)
Sec. 7.2. Posting requirements; Department of Workforce
Development's Commerce and Economic Opportunity's website. On
and after the effective date of this amendatory Act of the 98th
97th General Assembly, the Illinois Workforce Investment Board
must annually submit to the Department of Workforce Development

SB2902 - 155 - LRB098 16889 JWD 51964 b
Commerce and Economic Opportunity the following information to
be posted on the Department's official Internet website:
(1) All agendas and meeting minutes for meetings of the
Illinois Workforce Investment Board.
(2) All line-item budgets for the local workforce
investment areas located within the State.
(3) A listing of all contracts and contract values for
all workforce development training and service providers.
The information required under this Section must be posted
on the Department of Workforce Development's Commerce and
Economic Opportunity's Internet website no later than 30 days
after the Department receives the information from the Illinois
Workforce Investment Board.
(Source: P.A. 97-356, eff. 1-1-12.)
Section 155. The Illinois Latino Family Commission Act is
amended by changing Sections 15 and 20 as follows:
(20 ILCS 3983/15)
Sec. 15. Purpose and objectives. The purpose of the
Illinois Latino Family Commission is to advise the Governor and
General Assembly, as well as work directly with State agencies
to improve and expand existing policies, services, programs,
and opportunities for Latino families. Subject to
appropriation, the Illinois Latino Family Commission shall
guide the efforts of and collaborate with State agencies,

SB2902 - 156 - LRB098 16889 JWD 51964 b
including: the Department on Aging, the Department of Children
and Family Services, the Department of Commerce and Economic
Opportunity, the Department of Corrections, the Department of
Human Services, the Department of Public Aid, the Department of
Public Health, the Department of Transportation, the
Department of Workforce Development Employment Security, and
others. This shall be achieved primarily by:
(1) monitoring and commenting on existing and proposed
legislation and programs designed to address the needs of
Latinos in Illinois;
(2) assisting State agencies in developing programs,
services, public policies, and research strategies that
will expand and enhance the social and economic well-being
of Latino children and families;
(3) facilitating the participation and representation
of Latinos in the development, implementation, and
planning of policies, programs, and services; and
(4) promoting research efforts to document the impact
of policies and programs on Latino families.
The work of the Illinois Latino Family Commission shall
include the use of existing reports, research, and planning
efforts, procedures, and programs.
(Source: P.A. 95-619, eff. 9-14-07; 95-876, eff. 8-21-08.)
(20 ILCS 3983/20)
Sec. 20. Appointment; terms. The Illinois Latino Family

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Commission shall be comprised of 15 members. The Governor, the
President of the Senate, the Minority Leader of the Senate, the
Speaker of the House of Representatives, and the Minority
Leader of the House of Representatives shall each appoint 3
members to the Commission. Each member shall have working
knowledge of human services, community development, and
economic public policies in Illinois. The Governor shall
appoint the chairperson or chairpersons.
The members shall reflect regional representation to
ensure that the needs of Latino families and children
throughout the State are met. The members shall be selected
from a variety of disciplines. They shall represent a
partnership and collaborative effort between public and
private agencies, the business sector, and community-based
human services organizations.
Members shall serve 3-year terms, except in the case of
initial appointments. Five members, as determined by lot, shall
be appointed to one-year terms; 5 members shall be appointed to
2-year terms; and 5 members shall be appointed to 3-year terms,
so that the terms are staggered. Members shall serve without
compensation, but shall be reimbursed for Commission-related
expenses.
The Department on Aging, the Department of Children and
Family Services, the Department of Commerce and Economic
Opportunity, the Department of Corrections, the Department of
Workforce Development Employment Security, the Department of

SB2902 - 158 - LRB098 16889 JWD 51964 b
Human Services, the Department of Healthcare and Family
Services, the Department of Public Health, the Illinois State
Board of Education, the Illinois State Board of Higher
Education, the Illinois Community College Board, the Illinois
Department of Human Rights, the Capital Development Board, the
Department of Labor, and the Department of Transportation shall
each appoint a liaison to serve ex-officio on the Commission.
The Office of the Governor, in cooperation with the State
agencies appointing liaisons to the Commission under this
paragraph, shall provide administrative support to the
Commission.
(Source: P.A. 98-32, eff. 1-1-14.)
Section 160. The Social Security Number Protection Task
Force Act is amended by changing Section 10 as follows:
(20 ILCS 4040/10)
Sec. 10. Social Security Number Protection Task Force.
(a) The Social Security Number Protection Task Force is
created within the Office of the Attorney General. The Attorney
General is responsible for administering the activities of the
Task Force. The Task Force shall consist of the following
members:
(1) Two members representing the House of
Representatives, appointed by the Speaker of the House of
Representatives;

SB2902 - 159 - LRB098 16889 JWD 51964 b
(2) Two members representing the House of
Representatives, appointed by the Minority Leader of the
House of Representatives;
(3) Two members representing the Senate, appointed by
the President of the Senate;
(4) Two members representing the Senate, appointed by
the Minority Leader of the Senate;
(5) One member, who shall serve as the chairperson of
the Task Force, representing the Office of the Attorney
General, appointed by the Attorney General;
(6) One member representing the Office of the Secretary
of State, appointed by the Secretary of State;
(7) One member representing the Office of the Governor,
appointed by the Governor;
(8) One member representing the Department of Natural
Resources, appointed by the Director of Natural Resources;
(9) One member representing the Department of
Healthcare and Family Services, appointed by the Director
of Healthcare and Family Services;
(10) One member representing the Department of
Revenue, appointed by the Director of Revenue;
(11) One member representing the Department of State
Police, appointed by the Director of State Police;
(12) One member representing the Department of
Workforce Development Employment Security, appointed by
the Director of Workforce Development Employment Security;

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(13) One member representing the Illinois Courts,
appointed by the Director of the Administrative Office of
Illinois Courts;
(14) One member representing the Department on Aging,
appointed by the Director of the Department on Aging;
(15) One member appointed by the Director of Central
Management Services;
(16) One member appointed by the Executive Director of
the Board of Higher Education;
(17) One member appointed by the Secretary of Human
Services;
(18) Three members appointed by the chairperson of the
Task Force, representing local-governmental organizations,
who may include representatives of clerks of the circuit
court, recorders of deeds, counties, and municipalities;
(19) One member representing the Office of the State
Comptroller, appointed by the Comptroller; and
(20) One member representing school administrators,
appointed by the State Superintendent of Education.
(b) The Task Force shall examine the procedures used by the
State to protect an individual against the unauthorized
disclosure of his or her social security number when the State
requires the individual to provide his or her social security
number to an officer or agency of the State.
(c) The Task Force shall report its findings and
recommendations, including its recommendations concerning a

SB2902 - 161 - LRB098 16889 JWD 51964 b
unique identification number system under Section 15, to the
Governor, the Attorney General, the Secretary of State, and the
General Assembly no later than December 31 of each year.
(Source: P.A. 94-611, eff. 8-18-05; 95-331, eff. 8-21-07;
95-482, eff. 8-28-07.)
Section 165. The Commission on Children and Youth Act is
amended by changing Section 15 as follows:
(20 ILCS 4075/15)
Sec. 15. Commission members; appointments. The Commission
shall be composed of the following members, to be appointed
within 60 days after the effective date of this Act:
(a) Four members of the General Assembly: 2 members of the
Illinois Senate, one member appointed by the President of the
Senate and one member appointed by the Senate Minority Leader;
2 members of the Illinois House of Representatives, one member
appointed by the Speaker of the House and one member appointed
by the House Minority Leader.
(b) A member of the Governor's leadership team appointed by
the Governor, who shall serve as one of the co-chairs of the
Commission.
(c) Up to 30 public members appointed by the Governor with
demonstrated interest and expertise in children and youth
across the major stages of child and adolescent development.
Public members shall include rural, suburban and urban

SB2902 - 162 - LRB098 16889 JWD 51964 b
entities; direct service providers; child advocates; human
rights organizations; faith-based service providers;
philanthropic organizations that invest in children and youth;
at least 3 parents of children under the age of 16; and at
least 3 young people between the ages of 16 and 24. A second
co-chair of the Commission shall be elected from among the
public members of the Commission by the public members.
(d) The following shall serve as ex-officio members of the
Commission: the Director of Children and Family Services or his
or her designee; the Director of Commerce and Economic
Opportunity or his or her designee; the Director of Corrections
or his or her designee; the Director of Workforce Development
Employment Security or his or her designee; the Director of
Healthcare and Family Services or his or her designee; the
Secretary of Human Services or his or her designee; the
Director of Juvenile Justice or his or her designee; the
Director of Public Health or his or her designee; the State
Superintendent of Education or his or her designee; the
Commissioner of the Chicago Department of Children and Youth
Services or his or her designee; the Executive Director of the
Illinois Violence Prevention Authority or his or her designee;
the Chair of the Illinois African-American Family Commission or
his or her designee; and the Chair of the Latino Family
Commission or his or her designee. In addition, there shall be
a representative of a local government entity coordinating
services for children and youth and a representative of the

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Illinois Early Learning Council, to be chosen by the chairs.
(Source: P.A. 95-781, eff. 8-5-08.)
Section 170. The Commission on the Elimination of Poverty
Act is amended by changing Section 15 as follows:
(20 ILCS 4080/15)
Sec. 15. Members. The Commission on the Elimination of
Poverty shall be composed of no more than 26 voting members
including 2 members of the Illinois House of Representatives,
one appointed by the Speaker of the House and one appointed by
the House Minority Leader; 2 members of the Illinois Senate,
one appointed by the Senate President and one appointed by the
Senate Minority Leader; one representative of the Office of the
Governor appointed by the Governor; one representative of the
Office of the Lieutenant Governor appointed by the Lieutenant
Governor; and 20 public members, 4 of whom shall be appointed
by the Governor, 4 of whom shall be appointed by the Speaker of
the House, 4 of whom shall be appointed by the House Minority
Leader, 4 of whom shall be appointed by the Senate President,
and 4 of whom shall be appointed by the Senate Minority Leader.
It shall be determined by lot who will appoint which public
members of the Commission. The public members shall include a
representative of a service-based human rights organization; 2
representatives from anti-poverty organizations, including one
that focuses on rural poverty; 2 individuals who have

SB2902 - 164 - LRB098 16889 JWD 51964 b
experienced extreme poverty; a representative of an
organization that advocates for health care access,
affordability and availability; a representative of an
organization that advocates for persons with mental illness; a
representative of an organization that advocates for children
and youth; a representative of an organization that advocates
for quality and equality in education; a representative of an
organization that advocates for people who are homeless; a
representative of a statewide anti-hunger organization; a
person with a disability; a representative of an organization
that advocates for persons with disabilities; a representative
of an organization that advocates for immigrants; a
representative of a statewide faith-based organization that
provides direct social services in Illinois; a representative
of an organization that advocates for economic security for
women; a representative of an organization that advocates for
older adults; a representative of a labor organization that
represents primarily low and middle-income wage earners; a
representative of a municipal or county government; and a
representative of township government. The appointed members
shall reflect the racial, gender, and geographic diversity of
the State and shall include representation from regions of the
State experiencing the highest rates of extreme poverty.
The following officials shall serve as ex-officio members:
the Secretary of Human Services or his or her designee; the
Director of Corrections or his or her designee; the Director of

SB2902 - 165 - LRB098 16889 JWD 51964 b
Healthcare and Family Services or his or her designee; the
Director of Human Rights or his or her designee; the Director
of Children and Family Services or his or her designee; the
Director of Commerce and Economic Opportunity or his or her
designee; the State Superintendent of Education or his or her
designee; the Director of Aging or his or her designee; the
Director of Public Health or his or her designee; and the
Director of Workforce Development Employment Security or his or
her designee. The State Workforce Investment Board, the
African-American Family Commission, and the Latino Family
Commission shall each designate a liaison to serve ex-officio
on the Commission.
Members shall serve without compensation, but, subject to
the availability of funds, public members may be reimbursed for
reasonable and necessary travel expenses connected to
Commission business.
Commission members shall be appointed within 60 days after
the effective date of this Act. The Commission shall hold its
initial meeting within 30 days after at least 50% of the
members have been appointed.
The representative of the Office of the Governor and the
representative of a service-based human rights organization
shall serve as co-chairs of the Commission.
At the first meeting of the Commission, the members shall
select a 7-person Steering Committee that includes the
co-chairs.

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The Commission may establish committees that address
specific issues or populations and may appoint individuals with
relevant expertise who are not appointed members of the
Commission to serve on committees as needed.
Subject to appropriation, the office of the Governor, or a
designee of the Governor's choosing, shall provide
administrative support to the Commission.
(Source: P.A. 95-833, eff. 8-15-08; 96-64, eff. 7-23-09.)
Section 175. The Employment and Economic Opportunity for
Persons with Disabilities Task Force Act is amended by changing
Section 10 as follows:
(20 ILCS 4095/10)
Sec. 10. Employment and Economic Opportunity for Persons
with Disabilities Task Force.
(a) The Employment and Economic Opportunity for Persons
with Disabilities Task Force is created.
(b) The Employment and Economic Opportunity for Persons
with Disabilities Task Force shall be appointed and hold its
first meeting within 90 days after the effective date of this
Act, be convened by the Governor, and operate with
administrative support from the Illinois Department of
Workforce Development Employment Security.
(c) The Task Force shall be comprised of the following
representatives of State Government: a high-ranking member of

SB2902 - 167 - LRB098 16889 JWD 51964 b
the Governor's management team, designated by the Governor;
representatives of each division of the Department of Human
Services, designated by the Secretary of Human Services; the
Director of Healthcare and Family Services, or his or her
designee; the Director of Veterans' Affairs or his or her
designee; the Director of Commerce and Economic Opportunity or
his or her designee; the Director of Workforce Development
Employment Security or his or her designee; the Executive
Director of the Illinois Council on Developmental Disabilities
or his or her designee; and the State Superintendent of
Education or his or her designee.
(d) The Task Force shall also consist of no more than 15
public members who shall be appointed by the Governor and who
represent the following constituencies: statewide
organizations that advocate for persons with physical,
developmental and psychiatric disabilities, entities with
expertise in assistive technology devices and services for
persons with disabilities, advocates for veterans with
disabilities, centers for independent living, disability
services providers, organized labor, higher education, the
private sector business community, entities that provide
employment and training services to persons with disabilities,
and at least 5 persons who have a disability.
(e) The Task Force shall be co-chaired by the
representative of the Governor and a public member who shall be
chosen by the other public members of the Task Force.

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(f) The Task Force members shall serve voluntarily and
without compensation. Persons with disabilities serving on the
Task Force shall be accommodated to enable them to fully
participate in Task Force activities.
(g) The co-chairs of the Task Force shall extend an
invitation to chairs and minority spokespersons of appropriate
legislative committees to attend all meetings of the Task
Force, and may invite other individuals who are not members of
the Task Force to participate in subcommittees of the Task
Force or to take part in discussions of topics for which those
individuals have particular expertise.
(h) The Task Force shall coordinate its work with existing
State advisory bodies whose work may include employment and
economic opportunity for persons with disabilities.
(Source: P.A. 96-368, eff. 8-13-09; 97-1066, eff. 8-24-12.)
Section 180. The Task Force on Inventorying Employment
Restrictions Act is amended by changing Sections 10 and 15 as
follows:
(20 ILCS 5000/10)
Sec. 10. Definitions. As used in this Act:
"State agencies" shall mean the following State agencies,
boards, and commissions: Department on Aging, Department of
Agriculture, Office of Appellate Defender, Office of the
State's Attorneys Appellate Prosecutor, Illinois Arts Council,

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Office of the Attorney General, Auditor General, Capital
Development Board, Department of Central Management Services,
Department of Children and Family Services, Civil Service
Commission, Illinois Department of Commerce and Economic
Opportunity, Illinois Commerce Commission, Illinois Community
College Board, State of Illinois Comprehensive Health
Insurance Plan, Office of the Comptroller, Department of
Corrections, Criminal Justice Information Authority, Illinois
Council on Developmental Disabilities, Illinois Deaf and Hard
of Hearing Commission, Commission on Discrimination and Hate
Crimes, State Board of Education, Illinois Educational Labor
Relations Board, State Board of Elections, Illinois Emergency
Management Agency, Department of Workforce Development
Employment Security, Environmental Protection Agency, Illinois
State Fair, Illinois Finance Authority, Department of
Financial and Professional Regulation, Office of the First
Lady, Illinois Gaming Board, Office of the Governor,
Guardianship and Advocacy Commission, Department of Healthcare
and Family Services, Board of Higher Education, Historic
Preservation Agency, Illinois Housing Development Authority,
Illinois Human Rights Commission, Department of Human Rights,
Department of Human Services, Illinois State Board of
Investment, Department of Juvenile Justice, Office of the
Lieutenant Governor, Department of Labor, Illinois Labor
Relations Board, Illinois Law Enforcement Training Standards
Board, Illinois Liquor Control Commission, Illinois Lottery,

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Governor's Office of Management and Budget, Illinois Medical
District Commission, Department of Military Affairs,
Department of Natural Resources, Pollution Control Board,
Prairie State 2000 Authority, Property Tax Appeal Board,
Department of Public Health, Illinois Prisoner Review Board,
Illinois Racing Board, Department of Revenue, Office of the
Secretary of State, State Fire Marshal, Illinois State Police,
State Police Merit Board, State Retirement Systems, Office of
the State Treasurer, State Universities Civil Service System,
State Universities Retirement System, Illinois Student
Assistance Commission, Illinois Supreme Court, Illinois
Teachers' Retirement System, Illinois State Toll Highway
Authority, Department of Transportation, Department of
Veterans Affairs', Governor's Office of Women's Affairs, and
Illinois Workers' Compensation Commission.
(Source: P.A. 96-593, eff. 8-18-09.)
(20 ILCS 5000/15)
Sec. 15. Task Force.
(a) The Task Force on Inventorying Employment Restrictions
is hereby created in the Illinois Criminal Justice Information
Authority. The purpose of the Task Force is to review the
statutes, administrative rules, policies and practices that
restrict employment of persons with a criminal history, as set
out in subsection (c) of this Section, and to report to the
Governor and the General Assembly those employment

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restrictions and their impact on employment opportunities for
people with criminal records. The report shall also identify
any employment restrictions that are not reasonably related to
public safety.
(b) Within 60 days after the effective date of this
amendatory Act of the 97th General Assembly, the President of
the Senate, the Speaker of the House of Representatives, the
Minority Leader of the Senate, and the Minority Leader of the
House of Representatives shall each appoint 2 members of the
General Assembly to the Task Force. The term of office of any
member of the public appointed by the President of the Senate,
the Speaker of the House of Representatives, the Minority
Leader of the Senate, or the Minority Leader of the House of
Representatives serving on the effective date of this
amendatory Act of the 97th General Assembly shall end on that
date. The Governor shall appoint the Task Force chairperson. In
addition, the Director or Secretary of each of the following,
or his or her designee, are members: the Department of Human
Services, the Department of Corrections, the Department of
Commerce and Economic Opportunity, the Department of Children
and Family Services, the Department of Human Rights, the
Department of Central Management Services, the Department of
Workforce Development Employment Security, the Department of
Public Health, the Department of State Police, the Illinois
State Board of Education, the Illinois Board of Higher
Education, the Illinois Community College Board, and the

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Illinois Criminal Justice Information Authority. Members shall
not receive compensation. The Illinois Criminal Justice
Information Authority shall provide staff and other assistance
to the Task Force.
(c) On or before November 1, 2011, all State agencies shall
produce a report for the Task Force that describes the
employment restrictions that are based on criminal records for
each occupation under the agency's jurisdiction and that of its
boards, if any, including, but not limited to, employment
within the agency; employment in facilities licensed,
regulated, supervised, or funded by the agency; employment
pursuant to contracts with the agency; and employment in
occupations that the agency licenses or provides
certifications to practice. For each occupation subject to a
criminal records-based restriction, the agency shall set forth
the following:
(1) the job title, occupation, job classification, or
restricted place of employment, including the range of
occupations affected in such places;
(2) the statute, regulation, policy, and procedure
that authorizes the restriction of applicants for
employment and licensure, current employees, and current
licenses;
(3) the substance and terms of the restriction, and
(A) if the statute, regulation, policy or practice
enumerates disqualifying offenses, a list of each

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disqualifying offense, the time limits for each
offense, and the point in time when the time limit
begins;
(B) if the statute, regulation, policy or practice
does not enumerate disqualifying offenses and instead
provides for agency discretion in determining
disqualifying offenses, the criteria the agency has
adopted to apply the disqualification to individual
cases. Restrictions based on agency discretion
include, but are not limited to, restrictions based on
an offense "related to" the practice of a given
profession; an offense or act of "moral turpitude"; and
an offense evincing a lack of "good moral character".
(4) the procedures used by the agency to identify an
individual's criminal history, including but not limited
to disclosures on applications and background checks
conducted by law enforcement or private entities;
(5) the procedures used by the agency to determine and
review whether an individual's criminal history
disqualifies that individual;
(6) the year the restriction was adopted, and its
rationale;
(7) any exemption, waiver, or review mechanisms
available to seek relief from the disqualification based on
a showing of rehabilitation or otherwise, including the
terms of the mechanism, the nature of the relief it

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affords, and whether an administrative and judicial appeal
is authorized;
(8) any statute, rule, policy and practice that
requires an individual convicted of a felony to have his
civil rights restored to become qualified for the job; and
9 copies of the following documents:
(A) forms, applications, and instructions provided
to applicants and those denied or terminated from jobs
or licenses based on their criminal record;
(B) forms, rules, and procedures that the agency
employs to provide notice of disqualification, to
review applications subject to disqualification, and
to provide for exemptions and appeals of
disqualification;
(C) memos, guidance, instructions to staff,
scoring criteria and other materials used by the agency
to evaluate the criminal histories of applicants,
licensees, and employees; and
(D) forms and notices used to explain waiver,
exemption and appeals procedures for denial,
suspensions and terminations of employment or
licensure based on criminal history.
(d) Each State agency shall participate in a review to
determine the impact of the employment restrictions based on
criminal records and the effectiveness of existing
case-by-case review mechanisms. The information required under

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this subsection (d) shall be limited to the data and
information in the possession of the State agency on the
effective date of this amendatory Act of the 97th General
Assembly. With respect to compliance with the requirements of
this subsection (d), a State agency is under no obligation to
collect additional data or information. For each occupation
under the agency's jurisdiction for which there are employment
restrictions based on criminal records, each State agency must
provide the Task Force with a report, on or before February 1,
2012, for the previous 2-year period, setting forth:
(1) the total number of people currently employed in
the occupation whose employment or licensure required
criminal history disclosure, background checks or
restrictions;
(2) the number and percentage of individuals who
underwent a criminal history background check;
(3) the number and percentage of individuals who were
merely required to disclose their criminal history without
a criminal history background check;
(4) the number and percentage of individuals who were
found disqualified based on criminal history disclosure by
the applicant;
(5) the number and percentage of individuals who were
found disqualified based on a criminal history background
check;
(6) the number and percentage of individuals who sought

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an exemption or waiver from the disqualification;
(7) the number and percentage of individuals who sought
an exemption or waiver who were subsequently granted the
exemption or waiver at the first level of agency review (if
multiple levels of review are available);
(8) the number and percentage of individuals who sought
an exemption or waiver who were subsequently granted the
exemption or waiver at the next level of agency review (if
multiple levels of review are available);
(9) the number and percentage of individuals who were
denied an exemption or waiver at the final level of agency
review, and then sought review through an administrative
appeal;
(10) the number and percentage of individuals who were
denied an exemption or waiver at the final level of agency
review, and then sought review through an administrative
appeal and were then found qualified after such a review;
(11) the number and percentage of individuals who were
found disqualified where no waiver or exemption process is
available;
(12) the number and percentage of individuals who were
found disqualified where no waiver or exemption process is
available and who sought administrative review and then
were found qualified; and
(13) if the agency maintains records of active licenses
or certifications, the executive agency shall provide the

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total number of employees in occupations subject to
criminal history restrictions.
(e) (Blank).
(f) The Task Force shall report to the Governor and the
General Assembly its findings, including recommendations as to
any employment restrictions that are not reasonably related to
public safety, by July 1, 2013.
(Source: P.A. 96-593, eff. 8-18-09; 96-1360, eff. 7-28-10;
97-501, eff. 8-23-11; 97-1132, eff. 8-28-12.)
Section 185. The Commission to End the Disparities Facing
the African-American Community Act is amended by changing
Section 5 as follows:
(20 ILCS 5020/5)
(Section scheduled to be repealed on July 1, 2014)
Sec. 5. Commission; creation; members. There is created a
Commission to End the Disparities Facing the African-American
Community, to consist of members as follows:
(1) 2 members of the Senate appointed by the Senate
President, one of whom the President shall designate to
serve as co-chair, and 2 members of the Senate appointed by
the Minority Leader of the Senate;
(2) 2 members of the House of Representatives appointed
by the Speaker of the House of Representatives, one of whom
the Speaker shall designate to serve as co-chair, and 2

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members of the House of Representatives appointed by the
Minority Leader of the House of Representatives;
(3) the following Illinois officials or their
designees:
(i) the Director of Human Services,
(ii) the Director of Healthcare and Family
Services,
(iii) the Director of Children and Family
Services,
(iv) the Director of Public Health,
(v) the Director of Aging,
(vi) the Director of Labor,
(vii) the Director of Workforce Development
Employment Security,
(viii) the Director of Commerce and Economic
Opportunity,
(ix) the State Superintendent of Education,
(x) the Executive Director of the Board of Higher
Education,
(xi) the Director of Corrections,
(xii) the Director of Juvenile Justice, and
(xiii) the Executive Director of the Illinois
African-American Family Commission; and
(4) up to 10 persons, named by the co-chairs,
representing African-American communities within Illinois
in the areas of healthcare, healthcare services,

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employment, education, criminal justice, housing, and
other interested parties.
(Source: P.A. 97-360, eff. 8-15-11.)
Section 190. The Uncollected State Claims Act is amended by
changing Section 2.1 as follows:
(30 ILCS 205/2.1)
Sec. 2.1. Sale of debts certified as uncollectible. After
accounts have been certified by the Attorney General, or the
State agency for accounts of less than $1,000, as uncollectible
pursuant to this Act, the Department of Revenue may sell the
debts to one or more outside private vendors. Sales shall be
conducted under rules adopted by the Department of Revenue
using a request for proposals procedure similar to that
procedure under the Illinois Procurement Code. The outside
private vendors shall remit to the Department of Revenue the
purchase price for debts sold under this Section. The
Department of Revenue shall deposit the money received under
this Section into the General Revenue Fund. The State
Comptroller shall provide the Department of Revenue with any
information that the Department requests for the purpose of
administering this Section. This Section does not apply to any
tax debt owing to the Department of Revenue. This Section does
not apply to (i) debts, in the case of a public university,
when the debt is less than 8 years old; (ii) child support

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debts enforced by the Department of Healthcare and Family
Services pursuant to Title IV-D of the federal Social Security
Act and Article X of the Illinois Public Aid Code; and (iii)
debts that are enforced by the Department of Workforce
Development Employment Security and owed to any federal
account, including but not limited to the Unemployment Trust
Fund, and penalties and interest assessed under the
Unemployment Insurance Act.
(Source: P.A. 96-1435, eff. 8-16-10; 97-444, eff. 8-19-11.)
Section 195. The Illinois State Collection Act of 1986 is
amended by changing Sections 5, 10, and 10.2 as follows:
(30 ILCS 210/5) (from Ch. 15, par. 155)
Sec. 5. Rules; payment plans; offsets.
(a) Until July 1, 2004 for the Department of Public Aid and
July 1, 2005 for Universities and all other State agencies,
State agencies shall adopt rules establishing formal due dates
for amounts owing to the State and for the referral of
seriously past due accounts to private collection agencies,
unless otherwise expressly provided by law or rule, except that
on and after July 1, 2005, the Department of Employment
Security (now Workforce Development) may continue to refer to
private collection agencies past due amounts that are exempt
from subsection (g). Such procedures shall be established in
accord with sound business practices.

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(b) Until July 1, 2004 for the Department of Public Aid and
July 1, 2005 for Universities and all other State agencies,
agencies may enter deferred payment plans for debtors of the
agency and documentation of this fact retained by the agency,
where the deferred payment plan is likely to increase the net
amount collected by the State, except that, on and after July
1, 2005, the Department of Employment Security (now Workforce
Development) may continue to enter deferred payment plans for
debts that are exempt from subsection (g).
(c) Until July 1, 2004 for the Department of Public Aid and
July 1, 2005 for Universities and all other State agencies,
State agencies may use the Comptroller's Offset System provided
in Section 10.05 of the State Comptroller Act for the
collection of debts owed to the agency, except that, on and
after July 1, 2005, the Department of Employment Security (now
Workforce Development) may continue to use the Comptroller's
offset system to collect amounts that are exempt from
subsection (g).
(c-1) All debts that exceed $250 and are more than 90 days
past due shall be placed in the Comptroller's Offset System,
unless (i) the State agency shall have entered into a deferred
payment plan or demonstrates to the Comptroller's satisfaction
that referral for offset is not cost effective; or (ii) the
State agency is a university that elects to place in the
Comptroller's Offset System only debts that exceed $1,000 and
are more than 90 days past due. All debt, and maintenance of

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that debt, that is placed in the Comptroller's Offset System
must be submitted electronically to the office of the
Comptroller. Any exception to this requirement must be approved
in writing by the Comptroller.
(c-2) Upon processing a deduction to satisfy a debt owed to
a university or a State agency and placed in the Comptroller's
Offset System in accordance with subsection (c-1), the
Comptroller shall give written notice to the person subject to
the offset. The notice shall inform the person that he or she
may make a written protest to the Comptroller within 60 days
after the Comptroller has given notice. The protest shall
include the reason for contesting the deduction and any other
information that will enable the Comptroller to determine the
amount due and payable. If the person subject to the offset has
not made a written protest within 60 days after the Comptroller
has given notice, or if a final disposition is made concerning
the deduction, the Comptroller shall pay the deduction to the
university or the State agency.
(c-3) For a debt owed to a university or a State agency and
placed in the Comptroller's Offset System in accordance with
subsection (c-1), the Comptroller shall deduct, from a warrant
or other payment, its processing charge and the amount
certified as necessary to satisfy, in whole or in part, the
debt owed to the university or the State agency. The
Comptroller shall deduct a processing charge of up to $15 per
transaction for each offset and such charges shall be deposited

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into the Comptroller Debt Recovery Trust Fund.
(d) State agencies shall develop internal procedures
whereby agency initiated payments to its debtors may be offset
without referral to the Comptroller's Offset System.
(e) State agencies or the Comptroller may remove claims
from the Comptroller's Offset System, where such claims have
been inactive for more than one year.
(f) State agencies may use the Comptroller's Offset System
to determine if any State agency is attempting to collect debt
from a contractor, bidder, or other proposed contracting party.
(g) Beginning July 1, 2004 for the Departments of Public
Aid (now Healthcare and Family Services) and Employment
Security (now Workforce Development) and July 1, 2005 for
Universities and other State agencies, State agencies shall
refer to the Department of Revenue Debt Collection Bureau (the
Bureau) all debt to the State, provided that the debt satisfies
the requirements for referral of delinquent debt as established
by rule by the Department of Revenue.
(h) The Department of Healthcare and Family Services shall
be exempt from the requirements of this Section with regard to
child support debts, the collection of which is governed by the
requirements of Title IV, Part D of the federal Social Security
Act. The Department of Healthcare and Family Services may refer
child support debts to the Bureau, provided that the debt
satisfies the requirements for referral of delinquent debt as
established by rule by the Department of Revenue. The Bureau

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shall use all legal means available to collect child support
debt, including those authorizing the Department of Revenue to
collect debt and those authorizing the Department of Healthcare
and Family Services to collect debt. All such referred debt
shall remain an obligation under the Department of Healthcare
and Family Services' Child Support Enforcement Program subject
to the requirements of Title IV, Part D of the federal Social
Security Act, including the continued use of federally mandated
enforcement remedies and techniques by the Department of
Healthcare and Family Services.
(h-1) The Department of Workforce Development Employment
Security is exempt from subsection (g) with regard to debts to
any federal account, including but not limited to the
Unemployment Trust Fund, and penalties and interest assessed
under the Unemployment Insurance Act. The Department of
Workforce Development Employment Security may refer those
debts to the Bureau, provided the debt satisfies the
requirements for referral of delinquent debt as established by
rule by the Department of Revenue. The Bureau shall use all
legal means available to collect the debts, including those
authorizing the Department of Revenue to collect debt and those
authorizing the Department of Workforce Development Employment
Security to collect debt. All referred debt shall remain an
obligation to the account to which it is owed.
(i) All debt referred to the Bureau for collection shall
remain the property of the referring agency. The Bureau shall

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collect debt on behalf of the referring agency using all legal
means available, including those authorizing the Department of
Revenue to collect debt and those authorizing the referring
agency to collect debt.
(j) No debt secured by an interest in real property granted
by the debtor in exchange for the creation of the debt shall be
referred to the Bureau. The Bureau shall have no obligation to
collect debts secured by an interest in real property.
(k) Beginning July 1, 2003, each agency shall collect and
provide the Bureau information regarding the nature and details
of its debt in such form and manner as the Department of
Revenue shall require.
(l) For all debt accruing after July 1, 2003, each agency
shall collect and transmit such debtor identification
information as the Department of Revenue shall require.
(Source: P.A. 97-759, eff. 7-6-12.)
(30 ILCS 210/10)
Sec. 10. Department of Revenue Debt Collection Bureau to
assume collection duties.
(a) The Department of Revenue's Debt Collection Bureau
shall serve as the primary debt collecting entity for the State
and in that role shall collect debts on behalf of agencies of
the State. All debts owed the State of Illinois shall be
referred to the Bureau, subject to such limitations as the
Department of Revenue shall by rule establish. The Bureau shall

SB2902 - 186 - LRB098 16889 JWD 51964 b
utilize the Comptroller's offset system and private collection
agencies, as well as its own collections personnel, and may use
the offset system of the Department of the Treasury of the
United States for the collection of State debt pursuant to
Sections 10.05 and 10.05c of the State Comptroller Act and
subsection (i-1) of Section 10 of the Illinois State Collection
Act of 1986. The Bureau shall collect debt using all legal
authority available to the Department of Revenue to collect
debt and all legal authority available to the referring agency.
(b) The Bureau shall have the sole authority to let
contracts with persons specializing in debt collection for the
collection of debt referred to and accepted by the Bureau. Any
contract with the debt collector shall specify that the
collector's fee shall be on a contingency basis and that the
debt collector shall not be entitled to collect a contingency
fee for any debt collected through the efforts of any State
offset system.
(c) The Department of Revenue shall adopt rules for the
certification of debt from referring agencies and shall adopt
rules for the certification of collection specialists to be
employed by the Bureau.
(d) The Department of Revenue shall adopt rules for
determining when a debt referred by an agency shall be deemed
by the Bureau to be uncollectible.
(e) Once an agency's debt is deemed by the Bureau to be
uncollectible, the Bureau shall return the debt to the

SB2902 - 187 - LRB098 16889 JWD 51964 b
referring agency which shall then write the debt off as
uncollectible in accordance with the requirements of the
Uncollected State Claims Act or return the debt to the Bureau
for additional collection efforts. The Bureau shall refuse to
accept debt that has been deemed uncollectible absent factual
assertions from the referring agency that due to circumstances
not known at the time the debt was deemed uncollectible that
the debt is worthy of additional collection efforts.
(f) For each debt referred, the State agency shall retain
all documents and records relating to or supporting the debt.
In the event a debtor shall raise a reasonable doubt as to the
validity of the debt, the Bureau may in its discretion refer
the debt back to the referring agency for further review and
recommendation.
(g) The Department of Healthcare and Family Services shall
be exempt from the requirements of this Section with regard to
child support debts, the collection of which is governed by the
requirements of Title IV, Part D of the federal Social Security
Act. The Department of Healthcare and Family Services may refer
child support debts to the Bureau, provided that the debt
satisfies the requirements for referral of delinquent debt as
established by rule by the Department of Revenue. The Bureau
shall use all legal means available to collect child support
debt, including those authorizing the Department of Revenue to
collect debt and those authorizing the Department of Healthcare
and Family Services to collect debt. All such referred debt

SB2902 - 188 - LRB098 16889 JWD 51964 b
shall remain an obligation under the Department of Healthcare
and Family Services' Child Support Enforcement Program subject
to the requirements of Title IV, Part D of the federal Social
Security Act, including the continued use of federally mandated
enforcement remedies and techniques by the Department of
Healthcare and Family Services.
(g-1) The Department of Workforce Development Employment
Security is exempt from subsection (a) with regard to debts to
any federal account, including but not limited to the
Unemployment Trust Fund, and penalties and interest assessed
under the Unemployment Insurance Act. The Department of
Workforce Development Employment Security may refer those
debts to the Bureau, provided the debt satisfies the
requirements for referral of delinquent debt as established by
rule by the Department of Revenue. The Bureau shall use all
legal means available to collect the debts, including those
authorizing the Department of Revenue to collect debt and those
authorizing the Department of Workforce Development Employment
Security to collect debt. All referred debt shall remain an
obligation to the account to which it is owed.
(h) The Bureau may collect its costs of collecting debts on
behalf of other State agencies from those agencies in a manner
to be determined by the Director of Revenue, except that the
Bureau shall not recover any such cost on any accounts referred
by the General Assembly, the Supreme Court and other courts of
this State, and the State executive branch constitutional

SB2902 - 189 - LRB098 16889 JWD 51964 b
officers. The provisions of this subsection do not apply to
debt that is exempt from subsection (a) pursuant to subsection
(g-1) or child support debt referred to the Bureau by the
Department of Healthcare and Family Services (formerly
Department of Public Aid) pursuant to this amendatory Act of
the 93rd General Assembly. Collections arising from referrals
from the Department of Healthcare and Family Services (formerly
Department of Public Aid) shall be deposited into such fund or
funds as the Department of Healthcare and Family Services shall
direct, in accordance with the requirements of Title IV, Part D
of the federal Social Security Act, applicable provisions of
State law, and the rules of the Department of Healthcare and
Family Services. Collections arising from referrals from the
Department of Employment Security shall be deposited into the
fund or funds that the Department of Employment Security shall
direct, in accordance with the requirements of Section
3304(a)(3) of the federal Unemployment Tax Act, Section
303(a)(4) of the federal Social Security Act, and the
Unemployment Insurance Act.
(i) The Attorney General and the State Comptroller may
assist in the debt collection efforts of the Bureau, as
requested by the Department of Revenue.
(i-1) The Department may enter into a reciprocal offset
agreement with the Office of the State Comptroller and the
Secretary of the Treasury of the United States, or his or her
delegate, which provides for (i) the use of the Comptroller's

SB2902 - 190 - LRB098 16889 JWD 51964 b
offset system to offset State payments to collect federal
nontax debts and for the Comptroller to charge a fee up to $25
per transaction for such offsets; and (ii) offsetting federal
payments, as authorized by federal law, to collect State debts,
State tax, and nontax obligations, and for the Comptroller to
collect the offset cost from the Department of the Treasury of
the United States to cover the full cost of offsets taken, to
the extent allowed by federal law, or, if not allowed by
federal law, from the debtor by offset of the overpayment. The
agreement shall provide that the Department of the Treasury of
the United States may deduct a fee from each administrative
offset and State payment offset. Any offset fees collected by
the Comptroller under this subsection for administrative
offset or State payment offset shall be deposited into the
Comptroller's Administrative Fund.
For purposes of this subsection, "administrative offset"
is any offset of federal payments to collect State debts.
For purposes of this subsection, "State payment offset" is
any offset of State payments to collect federal nontax debts.
(j) The Director of Revenue shall report annually to the
General Assembly and State Comptroller upon the debt collection
efforts of the Bureau. Each report shall include an analysis of
the overdue debts owed to the State.
(k) The Department of Revenue shall adopt rules and
procedures for the administration of this amendatory Act of the
93rd General Assembly. The rules shall be adopted under the

SB2902 - 191 - LRB098 16889 JWD 51964 b
Department of Revenue's emergency rulemaking authority within
90 days following the effective date of this amendatory Act of
the 93rd General Assembly due to the budget crisis threatening
the public interest.
(l) The Department of Revenue's Debt Collection Bureau's
obligations under this Section 10 shall be subject to
appropriation by the General Assembly.
(Source: P.A. 96-493, eff. 1-1-10; 96-1383, eff. 1-1-11;
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).)
(30 ILCS 210/10.2)
Sec. 10.2. Deferral and compromise of past due debt.
(a) In this Section, "past due debt" means any debt owed to
the State that has been outstanding for more than 12 months.
"Past due debt" does not include any debt if any of the actions
required under this Section would violate federal law or
regulation.
(b) State agencies may enter into a deferred payment plan
for the purpose of satisfying a past due debt. Except for a
deferred payment plan entered into by any Illinois public
university, as defined in Section 10 of the Illinois Prepaid
Tuition Act, or by the Illinois Department of Transportation or
for debts owed to the Illinois Department of Transportation for
deposit into the Road Fund, the deferred payment plan must meet
the following requirements:

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(1) The term of the deferred payment plan may not
exceed 2 years.
(2) The first payment of the deferred payment plan must
be at least 10% of the total amount due.
(3) All subsequent monthly payments for the deferred
payment plan must be assessed as equal monthly principal
payments, together with interest.
(4) The deferred payment plan must include interest at
a rate that is the same as the interest required under the
State Prompt Payment Act.
(5) The deferred payment plan must be approved by the
Secretary or Director of the State agency.
(c) State agencies may compromise past due debts. Any
action taken by a State agency to compromise a past due debt,
other than an action taken by an Illinois public university, as
defined in Section 10 of the Illinois Prepaid Tuition Act, to
compromise past due debt, must meet the following requirements:
(1) The amount of the compromised debt shall be no less
than 80% of the total of the past due debt.
(2) Once a past due debt has been compromised, the
debtor must remit to the State agency the total amount of
the compromised debt. However, the State agency may collect
the compromised debt through a payment plan not to exceed 6
months. If the State agency accepts the compromised debt
through a payment plan, then the compromised debt shall be
subject to the same rate of interest as required under the

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State Prompt Payment Act.
(3) Before a State agency accepts a compromised debt,
the amount of the compromised debt must be approved by the
Secretary or Director of the agency.
(d) State agencies may sell a past due debt to one or more
outside private vendors. Sales shall be conducted under rules
adopted by the Department of Revenue using a request for
proposals procedure similar to that procedure under the
Illinois Procurement Code. The outside private vendors shall
remit to the State agency the purchase price for debts sold
under this subsection.
(e) The State agency shall deposit all amounts received
under this Section into the General Revenue Fund. For Illinois
public universities, as defined in Section 10 of the Illinois
Prepaid Tuition Act, the requirement of this subsection (e)
applies to amounts received from the sale of past due debt and
does not apply to amounts received under a deferred payment
plan or a compromised debt payment plan.
(f) This Section does not apply to any tax debt owing to
the Department of Revenue.
(g) This Section does not apply to child support debts
enforced by the Department of Healthcare and Family Services
pursuant to Title IV-D of the federal Social Security Act and
Article X of the Illinois Public Aid Code.
(h) This Section does not apply to debts that are enforced
by the Department of Workforce Development Employment Security

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and owed to any federal account, including but not limited to
the Unemployment Trust Fund, and penalties and interest
assessed under the Unemployment Insurance Act.
(Source: P.A. 96-1435, eff. 8-16-10; 97-333, eff. 8-12-11;
97-444, eff. 8-19-11.)
Section 200. The Illinois Unemployment Insurance Trust
Fund Financing Act is amended by changing Sections 3 and 4 as
follows:
(30 ILCS 440/3)
Sec. 3. Definitions. For purposes of this Act:
A. "Act" shall mean the Illinois Unemployment Insurance
Trust Fund Financing Act.
B. "Benefits" shall have the meaning provided in the
Unemployment Insurance Act.
C. "Bond" means any type of revenue obligation, including,
without limitation, fixed rate, variable rate, auction rate or
similar bond, note, certificate, or other instrument,
including, without limitation, an interest rate exchange
agreement, an interest rate lock agreement, a currency exchange
agreement, a forward payment conversion agreement, an
agreement to provide payments based on levels of or changes in
interest rates or currency exchange rates, an agreement to
exchange cash flows or a series of payments, an option, put, or
call to hedge payment, currency, interest rate, or other

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exposure, payable from and secured by a pledge of Fund Building
Receipts collected pursuant to the Unemployment Insurance Act,
and all interest and other earnings upon such amounts held in
the Master Bond Fund, to the extent provided in the proceedings
authorizing the obligation.
D. "Bond Administrative Expenses" means expenses and fees
incurred to administer and issue, upon a conversion of any of
the Bonds from one mode to another and from taxable to
tax-exempt, the Bonds issued pursuant to this Act, including
fees for paying agents, trustees, financial advisors,
underwriters, remarketing agents, attorneys and for other
professional services necessary to ensure compliance with
applicable state or federal law.
E. "Bond Obligations" means the principal of a Bond and any
premium and interest on a Bond issued pursuant to this Act,
together with any amount owed under a related Credit Agreement.
F. "Credit Agreement" means, without limitation, a loan
agreement, a revolving credit agreement, an agreement
establishing a line of credit, a letter of credit, notes,
municipal bond insurance, standby bond purchase agreements,
surety bonds, remarketing agreements and the like, by which the
Department may borrow funds to pay or redeem or purchase and
hold its bonds, agreements for the purchase or remarketing of
bonds or any other agreement that enhances the marketability,
security, or creditworthiness of a Bond issued under this Act.
1. Such Credit Agreement shall provide the following:

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a. The choice of law for the obligations of a
financial provider may be made for any state of these
United States, but the law which shall apply to the
Bonds shall be the law of the State of Illinois, and
jurisdiction to enforce such Credit Agreement as
against the Department shall be exclusively in the
courts of the State of Illinois or in the applicable
federal court having jurisdiction and located within
the State of Illinois.
b. Any such Credit Agreement shall be fully
enforceable as a valid and binding contract as and to
the extent provided by applicable law.
2. Without limiting the foregoing, such Credit
Agreement, may include any of the following:
a. Interest rates on the Bonds may vary from time
to time depending upon criteria established by the
Director, which may include, without limitation:
(i) A variation in interest rates as may be
necessary to cause the Bonds to be remarketed from
time to time at a price equal to their principal
amount plus any accrued interest;
(ii) Rates set by auctions; or
(iii) Rates set by formula.
b. A national banking association, bank, trust
company, investment banker or other financial
institution may be appointed to serve as a remarketing

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agent in that connection, and such remarketing agent
may be delegated authority by the Department to
determine interest rates in accordance with criteria
established by the Department.
c. Alternative interest rates or provisions may
apply during such times as the Bonds are held by the
financial providers or similar persons or entities
providing a Credit Agreement for those Bonds and,
during such times, the interest on the Bonds may be
deemed not exempt from income taxation under the
Internal Revenue Code for purposes of State law, as
contained in the Bond Authorization Act, relating to
the permissible rate of interest to be borne thereon.
d. Fees may be paid to the financial providers or
similar persons or entities providing a Credit
Agreement, including all reasonably related costs,
including therein costs of enforcement and litigation
(all such fees and costs being financial provider
payments) and financial provider payments may be paid,
without limitation, from proceeds of the Bonds being
the subject of such agreements, or from Bonds issued to
refund such Bonds, provided that such financial
provider payments shall be made subordinate to the
payments on the Bonds.
e. The Bonds need not be held in physical form by
the financial providers or similar persons or entities

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providing a Credit Agreement when providing funds to
purchase or carry the Bonds from others but may be
represented in uncertificated form in the Credit
Agreement.
f. The debt or obligation of the Department
represented by a Bond tendered for purchase to or
otherwise made available to the Department thereupon
acquired by either the Department or a financial
provider shall not be deemed to be extinguished for
purposes of State law until cancelled by the Department
or its agent.
g. Such Credit Agreement may provide for
acceleration of the principal amounts due on the Bonds.
G. "Department" means the Illinois Department of Workforce
Development Employment Security.
H. "Director" means the Director of the Illinois Department
of Workforce Development Employment Security.
I. "Fund Building Rates" are those rates imposed pursuant
to Section 1506.3 of the Unemployment Insurance Act.
J. "Fund Building Receipts" shall have the meaning provided
in the Unemployment Insurance Act and includes earnings on such
receipts.
K. "Master Bond Fund" shall mean, for any particular
issuance of Bonds under this Act, the fund established for the
deposit of Fund Building Receipts upon or prior to the issuance
of Bonds under this Act, and during the time that any Bonds are

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outstanding under this Act and from which the payment of Bond
Obligations and the related Bond Administrative Expenses
incurred in connection with such Bonds shall be made. That
portion of the Master Bond Fund containing the Required Fund
Building Receipts Amount shall be irrevocably pledged to the
timely payment of Bond Obligations and Bond Administrative
Expenses due on any Bonds issued pursuant to this Act and any
Credit Agreement entered in connection with the Bonds. The
Master Bond Fund shall be held separate and apart from all
other State funds. Moneys in the Master Bond Fund shall not be
commingled with other State funds, but they shall be deposited
as required by law and maintained in a separate account on the
books of a savings and loan association, bank or other
qualified financial institution. All interest earnings on
amounts within the Master Bond Fund shall accrue to the Master
Bond Fund. The Master Bond Fund may include such funds and
accounts as are necessary for the deposit of bond proceeds,
Fund Building Receipts, payment of principal, interest,
administrative expenses, costs of issuance, in the case of
bonds which are exempt from Federal taxation, rebate payments,
and such other funds and accounts which may be necessary for
the implementation and administration of this Act. The Director
shall be liable on her or his general official bond for the
faithful performance of her or his duties as custodian of the
Master Bond Fund. Such liability on her or his official bond
shall exist in addition to the liability upon any separate bond

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given by her or him. All sums recovered for losses sustained by
the Master Bond Fund shall be deposited into the Fund.
The Director shall report quarterly in writing to the
Employment Security Advisory Board concerning the actual and
anticipated deposits into and expenditures and transfers made
from the Master Bond Fund. Notwithstanding any other provision
to the contrary, no report is required under this subsection K
if (i) the Master Bond Fund held a net balance of zero as of the
close of the immediately preceding calendar quarter, (ii) there
have been no deposits into the Master Bond Fund within any of
the immediately preceding 4 calendar quarters, and (iii) there
have been no expenditures or transfers from the Master Bond
Fund within any of the immediately preceding 4 calendar
quarters.
L. "Required Fund Building Receipts Amount" means the
aggregate amount of Fund Building Receipts required to be
maintained in the Master Bond Fund as set forth in Section 4I
of this Act.
(Source: P.A. 97-621, eff. 11-18-11.)
(30 ILCS 440/4)
Sec. 4. Authority to Issue Revenue Bonds.
A. The Department shall have the continuing power to borrow
money for the purpose of carrying out the following:
1. To reduce or avoid the need to borrow or obtain a
federal advance under Section 1201, et seq., of the Social

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Security Act (42 U.S.C. Section 1321), as amended, or any
similar federal law; or
2. To refinance a previous advance received by the
Department with respect to the payment of Benefits; or
3. To refinance, purchase, redeem, refund, advance
refund or defease (including, any combination of the
foregoing) any outstanding Bonds issued pursuant to this
Act; or
4. To fund a surplus in Illinois' account in the
Unemployment Trust Fund of the United States Treasury.
Paragraphs 1, 2 and 4 are inoperative on and after January
1, 2022.
B. As evidence of the obligation of the Department to repay
money borrowed for the purposes set forth in Section 4A above,
the Department may issue and dispose of its interest bearing
revenue Bonds and may also, from time-to-time, issue and
dispose of its interest bearing revenue Bonds to purchase,
redeem, refund, advance refund or defease (including, any
combination of the foregoing) any Bonds at maturity or pursuant
to redemption provisions or at any time before maturity. The
Director, in consultation with the Department's Workforce
Development Employment Security Advisory Board, shall have the
power to direct that the Bonds be issued. Bonds may be issued
in one or more series and under terms and conditions as needed
in furtherance of the purposes of this Act. The Illinois
Finance Authority shall provide any technical, legal, or

SB2902 - 202 - LRB098 16889 JWD 51964 b
administrative services if and when requested by the Director
and the Workforce Development Employment Security Advisory
Board with regard to the issuance of Bonds. The Governor's
Office of Management and Budget may, upon the written request
of the Director, issue the bonds authorized pursuant to this
Act on behalf of the Department and, for that purpose, may
retain such underwriters, financial advisors, and counsel as
may be appropriate from the Office's then-existing roster of
prequalified vendors. Such Bonds shall be issued in the name of
the State of Illinois for the benefit of the Department and
shall be executed by the Director. In case any Director whose
signature appears on any Bond ceases (after attaching his or
her signature) to hold that office, her or his signature shall
nevertheless be valid and effective for all purposes.
C. No Bonds shall be issued without the Director's written
certification that, based upon a reasonable financial
analysis, the issuance of Bonds is reasonably expected to:
(i) Result in a savings to the State as compared to the
cost of borrowing or obtaining an advance under Section
1201, et seq., Social Security Act (42 U.S.C. Section
1321), as amended, or any similar federal law;
(ii) Result in terms which are advantageous to the
State through refunding, advance refunding or other
similar restructuring of outstanding Bonds;
(iii) Allow the State to avoid an anticipated
deficiency in the State's account in the Unemployment Trust

SB2902 - 203 - LRB098 16889 JWD 51964 b
Fund of the United States Treasury by funding a surplus in
the State's account in the Unemployment Trust Fund of the
United States Treasury; or
(iv) Prevent the reduction of the employer credit
provided under Section 3302 of the Federal Unemployment Tax
Act with respect to employers subject to the Unemployment
Insurance Act.
D. All such Bonds shall be payable from Fund Building
Receipts. Bonds may also be paid from (i) to the extent
allowable by law, from monies in the State's account in the
Unemployment Trust Fund of the United States Treasury; and (ii)
to the extent allowable by law, a federal advance under Section
1201, et seq., of the Social Security Act (42 U.S.C. Section
1321); and (iii) proceeds of Bonds and receipts from related
credit and exchange agreements to the extent allowed by this
Act and applicable legal requirements.
E. The maximum principal amount of the Bonds, when combined
with the outstanding principal of all other Bonds issued
pursuant to this Act, shall not at any time exceed
$2,400,000,000, excluding all of the outstanding principal of
any other Bonds issued pursuant to this Act for which payment
has been irrevocably provided by refunding or other manner of
defeasance. It is the intent of this Act that the outstanding
Bond authorization limits provided for in this Section 4E shall
be revolving in nature, such that the amount of Bonds
outstanding that are not refunded or otherwise defeased shall

SB2902 - 204 - LRB098 16889 JWD 51964 b
be included in determining the maximum amount of Bonds
authorized to be issued pursuant to the Act.
F. Such Bonds and refunding Bonds issued pursuant to this
Act may bear such date or dates, may mature at such time or
times not exceeding 10 years from their respective dates of
issuance, and may bear interest at such rate or rates not
exceeding the maximum rate authorized by the Bond Authorization
Act, as amended and in effect at the time of the issuance of
the Bonds.
G. The Department may enter into a Credit Agreement
pertaining to the issuance of the Bonds, upon terms which are
not inconsistent with this Act and any other laws, provided
that the term of such Credit Agreement shall not exceed the
term of the Bonds, plus any time period necessary to cure any
defaults under such Credit Agreement.
H. Interest earnings paid to holders of the Bonds shall not
be exempt from income taxes imposed by the State.
I. While any Bond Obligations are outstanding or
anticipated to come due as a result of Bonds expected to be
issued in either or both of the 2 immediately succeeding
calendar quarters, the Department shall collect and deposit
Fund Building Receipts into the Master Bond Fund in an amount
necessary to satisfy the Required Fund Building Receipts Amount
prior to expending Fund Building Receipts for any other
purpose. The Required Fund Building Receipts Amount shall be
that amount necessary to ensure the marketability of the Bonds,

SB2902 - 205 - LRB098 16889 JWD 51964 b
which shall be specified in the Bond Sale Order executed by the
Director in connection with the issuance of the Bonds.
J. Holders of the Bonds shall have a first and priority
claim on all Fund Building Receipts in the Master Bond Fund in
parity with all other holders of the Bonds, provided that such
claim may be subordinated to the provider of any Credit
Agreement for any of the Bonds.
K. To the extent that Fund Building Receipts in the Master
Bond Fund are not otherwise needed to satisfy the requirements
of this Act and the instruments authorizing the issuance of the
Bonds, such monies shall be used by the Department, in such
amounts as determined by the Director to do any one or a
combination of the following:
1. To purchase, refinance, redeem, refund, advance
refund or defease (or any combination of the foregoing)
outstanding Bonds, to the extent such action is legally
available and does not impair the tax exempt status of any
of the Bonds which are, in fact, exempt from Federal income
taxation; or
2. As a deposit in the State's account in the
Unemployment Trust Fund of the United States Treasury; or
3. As a deposit into the Special Programs Fund provided
for under Section 2107 of the Unemployment Insurance Act.
L. The Director shall determine the method of sale, type of
bond, bond form, redemption provisions and other terms of the
Bonds that, in the Director's judgment, best achieve the

SB2902 - 206 - LRB098 16889 JWD 51964 b
purposes of this Act and effect the borrowing at the lowest
practicable cost, provided that those determinations are not
inconsistent with this Act or other applicable legal
requirements. Those determinations shall be set forth in a
document entitled "Bond Sale Order" acceptable, in form and
substance, to the attorney or attorneys acting as bond counsel
for the Bonds in connection with the rendering of opinions
necessary for the issuance of the Bonds and executed by the
Director.
(Source: P.A. 96-30, eff. 6-30-09; 97-621, eff. 11-18-11.)
Section 205. The Illinois Procurement Code is amended by
changing Sections 45-67 and 45-70 as follows:
(30 ILCS 500/45-67)
Sec. 45-67. Encouragement to hire qualified veterans. A
chief procurement officer may, as part of any solicitation,
encourage prospective vendors to consider hiring qualified
veterans and to notify them of any available financial
incentives or other advantages associated with hiring such
persons. In establishing internal guidelines in furtherance of
this Section, the Department of Central Management Services may
work with an interagency advisory committee consisting of
representatives from the Department of Veterans Affairs, the
Department of Workforce Development Employment Security, the
Department of Commerce and Economic Opportunity, and the

SB2902 - 207 - LRB098 16889 JWD 51964 b
Department of Revenue and consisting of 8 members of the
General Assembly, 2 of whom are appointed by the Speaker of the
House of Representatives, 2 of whom are appointed by the
President of the Senate, 2 of whom are appointed by the
Minority Leader of the House of Representatives, and 2 of whom
are appointed by the Minority Leader of the Senate.
For the purposes of this Section, "qualified veteran" means
an Illinois resident who: (i) was a member of the Armed Forces
of the United States, a member of the Illinois National Guard,
or a member of any reserve component of the Armed Forces of the
United States; (ii) served on active duty in connection with
Operation Desert Storm, Operation Enduring Freedom, or
Operation Iraqi Freedom; and (iii) was honorably discharged.
The Department of Central Management Services must report
to the Governor and to the General Assembly by December 31 of
each year on the activities undertaken by chief procurement
officers and the Department of Central Management Services to
encourage prospective vendors to consider hiring qualified
veterans. The report must include the number of vendors who
have hired qualified veterans.
(Source: P.A. 94-1067, eff. 8-1-06.)
(30 ILCS 500/45-70)
Sec. 45-70. Encouragement to hire ex-offenders. A chief
procurement officer may, as part of any solicitation, encourage
prospective vendors to consider hiring Illinois residents

SB2902 - 208 - LRB098 16889 JWD 51964 b
discharged from any Illinois adult correctional center, in
appropriate circumstances, and to notify them of any available
financial incentives or other advantages associated with
hiring such persons. In establishing internal guidelines in
furtherance of this Section, the Department of Central
Management Services may work with an interagency advisory
committee consisting of representatives from the Department of
Corrections, the Department of Workforce Development
Employment Security, the Department of Juvenile Justice, the
Department of Commerce and Economic Opportunity, and the
Department of Revenue and consisting of 8 members of the
General Assembly, 2 of whom are appointed by the Speaker of the
House of Representatives, 2 of whom are appointed by the
President of the Senate, 2 of whom are appointed by the
Minority Leader of the House of Representatives, and 2 of whom
are appointed by the Minority Leader of the Senate.
The Department of Central Management Services must report
to the Governor and to the General Assembly by December 31 of
each year on the activities undertaken by chief procurement
officers and the Department of Central Management Services to
encourage prospective vendors to consider hiring Illinois
residents who have been discharged from an Illinois adult
correctional center. The report must include the number of
vendors who have hired Illinois residents who have been
discharged from any Illinois adult correctional center.
(Source: P.A. 94-1067, eff. 8-1-06.)

SB2902 - 209 - LRB098 16889 JWD 51964 b
Section 210. The Illinois Income Tax Act is amended by
changing Sections 201, 303, 701, and 917 as follows:
(35 ILCS 5/201) (from Ch. 120, par. 2-201)
Sec. 201. Tax Imposed.
(a) In general. A tax measured by net income is hereby
imposed on every individual, corporation, trust and estate for
each taxable year ending after July 31, 1969 on the privilege
of earning or receiving income in or as a resident of this
State. Such tax shall be in addition to all other occupation or
privilege taxes imposed by this State or by any municipal
corporation or political subdivision thereof.
(b) Rates. The tax imposed by subsection (a) of this
Section shall be determined as follows, except as adjusted by
subsection (d-1):
(1) In the case of an individual, trust or estate, for
taxable years ending prior to July 1, 1989, an amount equal
to 2 1/2% of the taxpayer's net income for the taxable
year.
(2) In the case of an individual, trust or estate, for
taxable years beginning prior to July 1, 1989 and ending
after June 30, 1989, an amount equal to the sum of (i) 2
1/2% of the taxpayer's net income for the period prior to
July 1, 1989, as calculated under Section 202.3, and (ii)
3% of the taxpayer's net income for the period after June

SB2902 - 210 - LRB098 16889 JWD 51964 b
30, 1989, as calculated under Section 202.3.
(3) In the case of an individual, trust or estate, for
taxable years beginning after June 30, 1989, and ending
prior to January 1, 2011, an amount equal to 3% of the
taxpayer's net income for the taxable year.
(4) In the case of an individual, trust, or estate, for
taxable years beginning prior to January 1, 2011, and
ending after December 31, 2010, an amount equal to the sum
of (i) 3% of the taxpayer's net income for the period prior
to January 1, 2011, as calculated under Section 202.5, and
(ii) 5% of the taxpayer's net income for the period after
December 31, 2010, as calculated under Section 202.5.
(5) In the case of an individual, trust, or estate, for
taxable years beginning on or after January 1, 2011, and
ending prior to January 1, 2015, an amount equal to 5% of
the taxpayer's net income for the taxable year.
(5.1) In the case of an individual, trust, or estate,
for taxable years beginning prior to January 1, 2015, and
ending after December 31, 2014, an amount equal to the sum
of (i) 5% of the taxpayer's net income for the period prior
to January 1, 2015, as calculated under Section 202.5, and
(ii) 3.75% of the taxpayer's net income for the period
after December 31, 2014, as calculated under Section 202.5.
(5.2) In the case of an individual, trust, or estate,
for taxable years beginning on or after January 1, 2015,
and ending prior to January 1, 2025, an amount equal to

SB2902 - 211 - LRB098 16889 JWD 51964 b
3.75% of the taxpayer's net income for the taxable year.
(5.3) In the case of an individual, trust, or estate,
for taxable years beginning prior to January 1, 2025, and
ending after December 31, 2024, an amount equal to the sum
of (i) 3.75% of the taxpayer's net income for the period
prior to January 1, 2025, as calculated under Section
202.5, and (ii) 3.25% of the taxpayer's net income for the
period after December 31, 2024, as calculated under Section
202.5.
(5.4) In the case of an individual, trust, or estate,
for taxable years beginning on or after January 1, 2025, an
amount equal to 3.25% of the taxpayer's net income for the
taxable year.
(6) In the case of a corporation, for taxable years
ending prior to July 1, 1989, an amount equal to 4% of the
taxpayer's net income for the taxable year.
(7) In the case of a corporation, for taxable years
beginning prior to July 1, 1989 and ending after June 30,
1989, an amount equal to the sum of (i) 4% of the
taxpayer's net income for the period prior to July 1, 1989,
as calculated under Section 202.3, and (ii) 4.8% of the
taxpayer's net income for the period after June 30, 1989,
as calculated under Section 202.3.
(8) In the case of a corporation, for taxable years
beginning after June 30, 1989, and ending prior to January
1, 2011, an amount equal to 4.8% of the taxpayer's net

SB2902 - 212 - LRB098 16889 JWD 51964 b
income for the taxable year.
(9) In the case of a corporation, for taxable years
beginning prior to January 1, 2011, and ending after
December 31, 2010, an amount equal to the sum of (i) 4.8%
of the taxpayer's net income for the period prior to
January 1, 2011, as calculated under Section 202.5, and
(ii) 7% of the taxpayer's net income for the period after
December 31, 2010, as calculated under Section 202.5.
(10) In the case of a corporation, for taxable years
beginning on or after January 1, 2011, and ending prior to
January 1, 2015, an amount equal to 7% of the taxpayer's
net income for the taxable year.
(11) In the case of a corporation, for taxable years
beginning prior to January 1, 2015, and ending after
December 31, 2014, an amount equal to the sum of (i) 7% of
the taxpayer's net income for the period prior to January
1, 2015, as calculated under Section 202.5, and (ii) 5.25%
of the taxpayer's net income for the period after December
31, 2014, as calculated under Section 202.5.
(12) In the case of a corporation, for taxable years
beginning on or after January 1, 2015, and ending prior to
January 1, 2025, an amount equal to 5.25% of the taxpayer's
net income for the taxable year.
(13) In the case of a corporation, for taxable years
beginning prior to January 1, 2025, and ending after
December 31, 2024, an amount equal to the sum of (i) 5.25%

SB2902 - 213 - LRB098 16889 JWD 51964 b
of the taxpayer's net income for the period prior to
January 1, 2025, as calculated under Section 202.5, and
(ii) 4.8% of the taxpayer's net income for the period after
December 31, 2024, as calculated under Section 202.5.
(14) In the case of a corporation, for taxable years
beginning on or after January 1, 2025, an amount equal to
4.8% of the taxpayer's net income for the taxable year.
The rates under this subsection (b) are subject to the
provisions of Section 201.5.
(c) Personal Property Tax Replacement Income Tax.
Beginning on July 1, 1979 and thereafter, in addition to such
income tax, there is also hereby imposed the Personal Property
Tax Replacement Income Tax measured by net income on every
corporation (including Subchapter S corporations), partnership
and trust, for each taxable year ending after June 30, 1979.
Such taxes are imposed on the privilege of earning or receiving
income in or as a resident of this State. The Personal Property
Tax Replacement Income Tax shall be in addition to the income
tax imposed by subsections (a) and (b) of this Section and in
addition to all other occupation or privilege taxes imposed by
this State or by any municipal corporation or political
subdivision thereof.
(d) Additional Personal Property Tax Replacement Income
Tax Rates. The personal property tax replacement income tax
imposed by this subsection and subsection (c) of this Section
in the case of a corporation, other than a Subchapter S

SB2902 - 214 - LRB098 16889 JWD 51964 b
corporation and except as adjusted by subsection (d-1), shall
be an additional amount equal to 2.85% of such taxpayer's net
income for the taxable year, except that beginning on January
1, 1981, and thereafter, the rate of 2.85% specified in this
subsection shall be reduced to 2.5%, and in the case of a
partnership, trust or a Subchapter S corporation shall be an
additional amount equal to 1.5% of such taxpayer's net income
for the taxable year.
(d-1) Rate reduction for certain foreign insurers. In the
case of a foreign insurer, as defined by Section 35A-5 of the
Illinois Insurance Code, whose state or country of domicile
imposes on insurers domiciled in Illinois a retaliatory tax
(excluding any insurer whose premiums from reinsurance assumed
are 50% or more of its total insurance premiums as determined
under paragraph (2) of subsection (b) of Section 304, except
that for purposes of this determination premiums from
reinsurance do not include premiums from inter-affiliate
reinsurance arrangements), beginning with taxable years ending
on or after December 31, 1999, the sum of the rates of tax
imposed by subsections (b) and (d) shall be reduced (but not
increased) to the rate at which the total amount of tax imposed
under this Act, net of all credits allowed under this Act,
shall equal (i) the total amount of tax that would be imposed
on the foreign insurer's net income allocable to Illinois for
the taxable year by such foreign insurer's state or country of
domicile if that net income were subject to all income taxes

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and taxes measured by net income imposed by such foreign
insurer's state or country of domicile, net of all credits
allowed or (ii) a rate of zero if no such tax is imposed on such
income by the foreign insurer's state of domicile. For the
purposes of this subsection (d-1), an inter-affiliate includes
a mutual insurer under common management.
(1) For the purposes of subsection (d-1), in no event
shall the sum of the rates of tax imposed by subsections
(b) and (d) be reduced below the rate at which the sum of:
(A) the total amount of tax imposed on such foreign
insurer under this Act for a taxable year, net of all
credits allowed under this Act, plus
(B) the privilege tax imposed by Section 409 of the
Illinois Insurance Code, the fire insurance company
tax imposed by Section 12 of the Fire Investigation
Act, and the fire department taxes imposed under
Section 11-10-1 of the Illinois Municipal Code,
equals 1.25% for taxable years ending prior to December 31,
2003, or 1.75% for taxable years ending on or after
December 31, 2003, of the net taxable premiums written for
the taxable year, as described by subsection (1) of Section
409 of the Illinois Insurance Code. This paragraph will in
no event increase the rates imposed under subsections (b)
and (d).
(2) Any reduction in the rates of tax imposed by this
subsection shall be applied first against the rates imposed

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by subsection (b) and only after the tax imposed by
subsection (a) net of all credits allowed under this
Section other than the credit allowed under subsection (i)
has been reduced to zero, against the rates imposed by
subsection (d).
This subsection (d-1) is exempt from the provisions of
Section 250.
(e) Investment credit. A taxpayer shall be allowed a credit
against the Personal Property Tax Replacement Income Tax for
investment in qualified property.
(1) A taxpayer shall be allowed a credit equal to .5%
of the basis of qualified property placed in service during
the taxable year, provided such property is placed in
service on or after July 1, 1984. There shall be allowed an
additional credit equal to .5% of the basis of qualified
property placed in service during the taxable year,
provided such property is placed in service on or after
July 1, 1986, and the taxpayer's base employment within
Illinois has increased by 1% or more over the preceding
year as determined by the taxpayer's employment records
filed with the Illinois Department of Workforce
Development Employment Security. Taxpayers who are new to
Illinois shall be deemed to have met the 1% growth in base
employment for the first year in which they file employment
records with the Illinois Department of Workforce
Development Employment Security. The provisions added to

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this Section by Public Act 85-1200 (and restored by Public
Act 87-895) shall be construed as declaratory of existing
law and not as a new enactment. If, in any year, the
increase in base employment within Illinois over the
preceding year is less than 1%, the additional credit shall
be limited to that percentage times a fraction, the
numerator of which is .5% and the denominator of which is
1%, but shall not exceed .5%. The investment credit shall
not be allowed to the extent that it would reduce a
taxpayer's liability in any tax year below zero, nor may
any credit for qualified property be allowed for any year
other than the year in which the property was placed in
service in Illinois. For tax years ending on or after
December 31, 1987, and on or before December 31, 1988, the
credit shall be allowed for the tax year in which the
property is placed in service, or, if the amount of the
credit exceeds the tax liability for that year, whether it
exceeds the original liability or the liability as later
amended, such excess may be carried forward and applied to
the tax liability of the 5 taxable years following the
excess credit years if the taxpayer (i) makes investments
which cause the creation of a minimum of 2,000 full-time
equivalent jobs in Illinois, (ii) is located in an
enterprise zone established pursuant to the Illinois
Enterprise Zone Act and (iii) is certified by the
Department of Commerce and Community Affairs (now

SB2902 - 218 - LRB098 16889 JWD 51964 b
Department of Commerce and Economic Opportunity) as
complying with the requirements specified in clause (i) and
(ii) by July 1, 1986. The Department of Commerce and
Community Affairs (now Department of Commerce and Economic
Opportunity) shall notify the Department of Revenue of all
such certifications immediately. For tax years ending
after December 31, 1988, the credit shall be allowed for
the tax year in which the property is placed in service,
or, if the amount of the credit exceeds the tax liability
for that year, whether it exceeds the original liability or
the liability as later amended, such excess may be carried
forward and applied to the tax liability of the 5 taxable
years following the excess credit years. The credit shall
be applied to the earliest year for which there is a
liability. If there is credit from more than one tax year
that is available to offset a liability, earlier credit
shall be applied first.
(2) The term "qualified property" means property
which:
(A) is tangible, whether new or used, including
buildings and structural components of buildings and
signs that are real property, but not including land or
improvements to real property that are not a structural
component of a building such as landscaping, sewer
lines, local access roads, fencing, parking lots, and
other appurtenances;

SB2902 - 219 - LRB098 16889 JWD 51964 b
(B) is depreciable pursuant to Section 167 of the
Internal Revenue Code, except that "3-year property"
as defined in Section 168(c)(2)(A) of that Code is not
eligible for the credit provided by this subsection
(e);
(C) is acquired by purchase as defined in Section
179(d) of the Internal Revenue Code;
(D) is used in Illinois by a taxpayer who is
primarily engaged in manufacturing, or in mining coal
or fluorite, or in retailing, or was placed in service
on or after July 1, 2006 in a River Edge Redevelopment
Zone established pursuant to the River Edge
Redevelopment Zone Act; and
(E) has not previously been used in Illinois in
such a manner and by such a person as would qualify for
the credit provided by this subsection (e) or
subsection (f).
(3) For purposes of this subsection (e),
"manufacturing" means the material staging and production
of tangible personal property by procedures commonly
regarded as manufacturing, processing, fabrication, or
assembling which changes some existing material into new
shapes, new qualities, or new combinations. For purposes of
this subsection (e) the term "mining" shall have the same
meaning as the term "mining" in Section 613(c) of the
Internal Revenue Code. For purposes of this subsection (e),

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the term "retailing" means the sale of tangible personal
property for use or consumption and not for resale, or
services rendered in conjunction with the sale of tangible
personal property for use or consumption and not for
resale. For purposes of this subsection (e), "tangible
personal property" has the same meaning as when that term
is used in the Retailers' Occupation Tax Act, and, for
taxable years ending after December 31, 2008, does not
include the generation, transmission, or distribution of
electricity.
(4) The basis of qualified property shall be the basis
used to compute the depreciation deduction for federal
income tax purposes.
(5) If the basis of the property for federal income tax
depreciation purposes is increased after it has been placed
in service in Illinois by the taxpayer, the amount of such
increase shall be deemed property placed in service on the
date of such increase in basis.
(6) The term "placed in service" shall have the same
meaning as under Section 46 of the Internal Revenue Code.
(7) If during any taxable year, any property ceases to
be qualified property in the hands of the taxpayer within
48 months after being placed in service, or the situs of
any qualified property is moved outside Illinois within 48
months after being placed in service, the Personal Property
Tax Replacement Income Tax for such taxable year shall be

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increased. Such increase shall be determined by (i)
recomputing the investment credit which would have been
allowed for the year in which credit for such property was
originally allowed by eliminating such property from such
computation and, (ii) subtracting such recomputed credit
from the amount of credit previously allowed. For the
purposes of this paragraph (7), a reduction of the basis of
qualified property resulting from a redetermination of the
purchase price shall be deemed a disposition of qualified
property to the extent of such reduction.
(8) Unless the investment credit is extended by law,
the basis of qualified property shall not include costs
incurred after December 31, 2018, except for costs incurred
pursuant to a binding contract entered into on or before
December 31, 2018.
(9) Each taxable year ending before December 31, 2000,
a partnership may elect to pass through to its partners the
credits to which the partnership is entitled under this
subsection (e) for the taxable year. A partner may use the
credit allocated to him or her under this paragraph only
against the tax imposed in subsections (c) and (d) of this
Section. If the partnership makes that election, those
credits shall be allocated among the partners in the
partnership in accordance with the rules set forth in
Section 704(b) of the Internal Revenue Code, and the rules
promulgated under that Section, and the allocated amount of

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the credits shall be allowed to the partners for that
taxable year. The partnership shall make this election on
its Personal Property Tax Replacement Income Tax return for
that taxable year. The election to pass through the credits
shall be irrevocable.
For taxable years ending on or after December 31, 2000,
a partner that qualifies its partnership for a subtraction
under subparagraph (I) of paragraph (2) of subsection (d)
of Section 203 or a shareholder that qualifies a Subchapter
S corporation for a subtraction under subparagraph (S) of
paragraph (2) of subsection (b) of Section 203 shall be
allowed a credit under this subsection (e) equal to its
share of the credit earned under this subsection (e) during
the taxable year by the partnership or Subchapter S
corporation, determined in accordance with the
determination of income and distributive share of income
under Sections 702 and 704 and Subchapter S of the Internal
Revenue Code. This paragraph is exempt from the provisions
of Section 250.
(f) Investment credit; Enterprise Zone; River Edge
Redevelopment Zone.
(1) A taxpayer shall be allowed a credit against the
tax imposed by subsections (a) and (b) of this Section for
investment in qualified property which is placed in service
in an Enterprise Zone created pursuant to the Illinois
Enterprise Zone Act or, for property placed in service on

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or after July 1, 2006, a River Edge Redevelopment Zone
established pursuant to the River Edge Redevelopment Zone
Act. For partners, shareholders of Subchapter S
corporations, and owners of limited liability companies,
if the liability company is treated as a partnership for
purposes of federal and State income taxation, there shall
be allowed a credit under this subsection (f) to be
determined in accordance with the determination of income
and distributive share of income under Sections 702 and 704
and Subchapter S of the Internal Revenue Code. The credit
shall be .5% of the basis for such property. The credit
shall be available only in the taxable year in which the
property is placed in service in the Enterprise Zone or
River Edge Redevelopment Zone and shall not be allowed to
the extent that it would reduce a taxpayer's liability for
the tax imposed by subsections (a) and (b) of this Section
to below zero. For tax years ending on or after December
31, 1985, the credit shall be allowed for the tax year in
which the property is placed in service, or, if the amount
of the credit exceeds the tax liability for that year,
whether it exceeds the original liability or the liability
as later amended, such excess may be carried forward and
applied to the tax liability of the 5 taxable years
following the excess credit year. The credit shall be
applied to the earliest year for which there is a
liability. If there is credit from more than one tax year

SB2902 - 224 - LRB098 16889 JWD 51964 b
that is available to offset a liability, the credit
accruing first in time shall be applied first.
(2) The term qualified property means property which:
(A) is tangible, whether new or used, including
buildings and structural components of buildings;
(B) is depreciable pursuant to Section 167 of the
Internal Revenue Code, except that "3-year property"
as defined in Section 168(c)(2)(A) of that Code is not
eligible for the credit provided by this subsection
(f);
(C) is acquired by purchase as defined in Section
179(d) of the Internal Revenue Code;
(D) is used in the Enterprise Zone or River Edge
Redevelopment Zone by the taxpayer; and
(E) has not been previously used in Illinois in
such a manner and by such a person as would qualify for
the credit provided by this subsection (f) or
subsection (e).
(3) The basis of qualified property shall be the basis
used to compute the depreciation deduction for federal
income tax purposes.
(4) If the basis of the property for federal income tax
depreciation purposes is increased after it has been placed
in service in the Enterprise Zone or River Edge
Redevelopment Zone by the taxpayer, the amount of such
increase shall be deemed property placed in service on the

SB2902 - 225 - LRB098 16889 JWD 51964 b
date of such increase in basis.
(5) The term "placed in service" shall have the same
meaning as under Section 46 of the Internal Revenue Code.
(6) If during any taxable year, any property ceases to
be qualified property in the hands of the taxpayer within
48 months after being placed in service, or the situs of
any qualified property is moved outside the Enterprise Zone
or River Edge Redevelopment Zone within 48 months after
being placed in service, the tax imposed under subsections
(a) and (b) of this Section for such taxable year shall be
increased. Such increase shall be determined by (i)
recomputing the investment credit which would have been
allowed for the year in which credit for such property was
originally allowed by eliminating such property from such
computation, and (ii) subtracting such recomputed credit
from the amount of credit previously allowed. For the
purposes of this paragraph (6), a reduction of the basis of
qualified property resulting from a redetermination of the
purchase price shall be deemed a disposition of qualified
property to the extent of such reduction.
(7) There shall be allowed an additional credit equal
to 0.5% of the basis of qualified property placed in
service during the taxable year in a River Edge
Redevelopment Zone, provided such property is placed in
service on or after July 1, 2006, and the taxpayer's base
employment within Illinois has increased by 1% or more over

SB2902 - 226 - LRB098 16889 JWD 51964 b
the preceding year as determined by the taxpayer's
employment records filed with the Illinois Department of
Workforce Development Employment Security. Taxpayers who
are new to Illinois shall be deemed to have met the 1%
growth in base employment for the first year in which they
file employment records with the Illinois Department of
Workforce Development Employment Security. If, in any
year, the increase in base employment within Illinois over
the preceding year is less than 1%, the additional credit
shall be limited to that percentage times a fraction, the
numerator of which is 0.5% and the denominator of which is
1%, but shall not exceed 0.5%.
(g) (Blank).
(h) Investment credit; High Impact Business.
(1) Subject to subsections (b) and (b-5) of Section 5.5
of the Illinois Enterprise Zone Act, a taxpayer shall be
allowed a credit against the tax imposed by subsections (a)
and (b) of this Section for investment in qualified
property which is placed in service by a Department of
Commerce and Economic Opportunity designated High Impact
Business. The credit shall be .5% of the basis for such
property. The credit shall not be available (i) until the
minimum investments in qualified property set forth in
subdivision (a)(3)(A) of Section 5.5 of the Illinois
Enterprise Zone Act have been satisfied or (ii) until the
time authorized in subsection (b-5) of the Illinois

SB2902 - 227 - LRB098 16889 JWD 51964 b
Enterprise Zone Act for entities designated as High Impact
Businesses under subdivisions (a)(3)(B), (a)(3)(C), and
(a)(3)(D) of Section 5.5 of the Illinois Enterprise Zone
Act, and shall not be allowed to the extent that it would
reduce a taxpayer's liability for the tax imposed by
subsections (a) and (b) of this Section to below zero. The
credit applicable to such investments shall be taken in the
taxable year in which such investments have been completed.
The credit for additional investments beyond the minimum
investment by a designated high impact business authorized
under subdivision (a)(3)(A) of Section 5.5 of the Illinois
Enterprise Zone Act shall be available only in the taxable
year in which the property is placed in service and shall
not be allowed to the extent that it would reduce a
taxpayer's liability for the tax imposed by subsections (a)
and (b) of this Section to below zero. For tax years ending
on or after December 31, 1987, the credit shall be allowed
for the tax year in which the property is placed in
service, or, if the amount of the credit exceeds the tax
liability for that year, whether it exceeds the original
liability or the liability as later amended, such excess
may be carried forward and applied to the tax liability of
the 5 taxable years following the excess credit year. The
credit shall be applied to the earliest year for which
there is a liability. If there is credit from more than one
tax year that is available to offset a liability, the

SB2902 - 228 - LRB098 16889 JWD 51964 b
credit accruing first in time shall be applied first.
Changes made in this subdivision (h)(1) by Public Act
88-670 restore changes made by Public Act 85-1182 and
reflect existing law.
(2) The term qualified property means property which:
(A) is tangible, whether new or used, including
buildings and structural components of buildings;
(B) is depreciable pursuant to Section 167 of the
Internal Revenue Code, except that "3-year property"
as defined in Section 168(c)(2)(A) of that Code is not
eligible for the credit provided by this subsection
(h);
(C) is acquired by purchase as defined in Section
179(d) of the Internal Revenue Code; and
(D) is not eligible for the Enterprise Zone
Investment Credit provided by subsection (f) of this
Section.
(3) The basis of qualified property shall be the basis
used to compute the depreciation deduction for federal
income tax purposes.
(4) If the basis of the property for federal income tax
depreciation purposes is increased after it has been placed
in service in a federally designated Foreign Trade Zone or
Sub-Zone located in Illinois by the taxpayer, the amount of
such increase shall be deemed property placed in service on
the date of such increase in basis.

SB2902 - 229 - LRB098 16889 JWD 51964 b
(5) The term "placed in service" shall have the same
meaning as under Section 46 of the Internal Revenue Code.
(6) If during any taxable year ending on or before
December 31, 1996, any property ceases to be qualified
property in the hands of the taxpayer within 48 months
after being placed in service, or the situs of any
qualified property is moved outside Illinois within 48
months after being placed in service, the tax imposed under
subsections (a) and (b) of this Section for such taxable
year shall be increased. Such increase shall be determined
by (i) recomputing the investment credit which would have
been allowed for the year in which credit for such property
was originally allowed by eliminating such property from
such computation, and (ii) subtracting such recomputed
credit from the amount of credit previously allowed. For
the purposes of this paragraph (6), a reduction of the
basis of qualified property resulting from a
redetermination of the purchase price shall be deemed a
disposition of qualified property to the extent of such
reduction.
(7) Beginning with tax years ending after December 31,
1996, if a taxpayer qualifies for the credit under this
subsection (h) and thereby is granted a tax abatement and
the taxpayer relocates its entire facility in violation of
the explicit terms and length of the contract under Section
18-183 of the Property Tax Code, the tax imposed under

SB2902 - 230 - LRB098 16889 JWD 51964 b
subsections (a) and (b) of this Section shall be increased
for the taxable year in which the taxpayer relocated its
facility by an amount equal to the amount of credit
received by the taxpayer under this subsection (h).
(i) Credit for Personal Property Tax Replacement Income
Tax. For tax years ending prior to December 31, 2003, a credit
shall be allowed against the tax imposed by subsections (a) and
(b) of this Section for the tax imposed by subsections (c) and
(d) of this Section. This credit shall be computed by
multiplying the tax imposed by subsections (c) and (d) of this
Section by a fraction, the numerator of which is base income
allocable to Illinois and the denominator of which is Illinois
base income, and further multiplying the product by the tax
rate imposed by subsections (a) and (b) of this Section.
Any credit earned on or after December 31, 1986 under this
subsection which is unused in the year the credit is computed
because it exceeds the tax liability imposed by subsections (a)
and (b) for that year (whether it exceeds the original
liability or the liability as later amended) may be carried
forward and applied to the tax liability imposed by subsections
(a) and (b) of the 5 taxable years following the excess credit
year, provided that no credit may be carried forward to any
year ending on or after December 31, 2003. This credit shall be
applied first to the earliest year for which there is a
liability. If there is a credit under this subsection from more
than one tax year that is available to offset a liability the

SB2902 - 231 - LRB098 16889 JWD 51964 b
earliest credit arising under this subsection shall be applied
first.
If, during any taxable year ending on or after December 31,
1986, the tax imposed by subsections (c) and (d) of this
Section for which a taxpayer has claimed a credit under this
subsection (i) is reduced, the amount of credit for such tax
shall also be reduced. Such reduction shall be determined by
recomputing the credit to take into account the reduced tax
imposed by subsections (c) and (d). If any portion of the
reduced amount of credit has been carried to a different
taxable year, an amended return shall be filed for such taxable
year to reduce the amount of credit claimed.
(j) Training expense credit. Beginning with tax years
ending on or after December 31, 1986 and prior to December 31,
2003, a taxpayer shall be allowed a credit against the tax
imposed by subsections (a) and (b) under this Section for all
amounts paid or accrued, on behalf of all persons employed by
the taxpayer in Illinois or Illinois residents employed outside
of Illinois by a taxpayer, for educational or vocational
training in semi-technical or technical fields or semi-skilled
or skilled fields, which were deducted from gross income in the
computation of taxable income. The credit against the tax
imposed by subsections (a) and (b) shall be 1.6% of such
training expenses. For partners, shareholders of subchapter S
corporations, and owners of limited liability companies, if the
liability company is treated as a partnership for purposes of

SB2902 - 232 - LRB098 16889 JWD 51964 b
federal and State income taxation, there shall be allowed a
credit under this subsection (j) to be determined in accordance
with the determination of income and distributive share of
income under Sections 702 and 704 and subchapter S of the
Internal Revenue Code.
Any credit allowed under this subsection which is unused in
the year the credit is earned may be carried forward to each of
the 5 taxable years following the year for which the credit is
first computed until it is used. This credit shall be applied
first to the earliest year for which there is a liability. If
there is a credit under this subsection from more than one tax
year that is available to offset a liability the earliest
credit arising under this subsection shall be applied first. No
carryforward credit may be claimed in any tax year ending on or
after December 31, 2003.
(k) Research and development credit. For tax years ending
after July 1, 1990 and prior to December 31, 2003, and
beginning again for tax years ending on or after December 31,
2004, and ending prior to January 1, 2016, a taxpayer shall be
allowed a credit against the tax imposed by subsections (a) and
(b) of this Section for increasing research activities in this
State. The credit allowed against the tax imposed by
subsections (a) and (b) shall be equal to 6 1/2% of the
qualifying expenditures for increasing research activities in
this State. For partners, shareholders of subchapter S
corporations, and owners of limited liability companies, if the

SB2902 - 233 - LRB098 16889 JWD 51964 b
liability company is treated as a partnership for purposes of
federal and State income taxation, there shall be allowed a
credit under this subsection to be determined in accordance
with the determination of income and distributive share of
income under Sections 702 and 704 and subchapter S of the
Internal Revenue Code.
For purposes of this subsection, "qualifying expenditures"
means the qualifying expenditures as defined for the federal
credit for increasing research activities which would be
allowable under Section 41 of the Internal Revenue Code and
which are conducted in this State, "qualifying expenditures for
increasing research activities in this State" means the excess
of qualifying expenditures for the taxable year in which
incurred over qualifying expenditures for the base period,
"qualifying expenditures for the base period" means the average
of the qualifying expenditures for each year in the base
period, and "base period" means the 3 taxable years immediately
preceding the taxable year for which the determination is being
made.
Any credit in excess of the tax liability for the taxable
year may be carried forward. A taxpayer may elect to have the
unused credit shown on its final completed return carried over
as a credit against the tax liability for the following 5
taxable years or until it has been fully used, whichever occurs
first; provided that no credit earned in a tax year ending
prior to December 31, 2003 may be carried forward to any year

SB2902 - 234 - LRB098 16889 JWD 51964 b
ending on or after December 31, 2003.
If an unused credit is carried forward to a given year from
2 or more earlier years, that credit arising in the earliest
year will be applied first against the tax liability for the
given year. If a tax liability for the given year still
remains, the credit from the next earliest year will then be
applied, and so on, until all credits have been used or no tax
liability for the given year remains. Any remaining unused
credit or credits then will be carried forward to the next
following year in which a tax liability is incurred, except
that no credit can be carried forward to a year which is more
than 5 years after the year in which the expense for which the
credit is given was incurred.
No inference shall be drawn from this amendatory Act of the
91st General Assembly in construing this Section for taxable
years beginning before January 1, 1999.
(l) Environmental Remediation Tax Credit.
(i) For tax years ending after December 31, 1997 and on
or before December 31, 2001, a taxpayer shall be allowed a
credit against the tax imposed by subsections (a) and (b)
of this Section for certain amounts paid for unreimbursed
eligible remediation costs, as specified in this
subsection. For purposes of this Section, "unreimbursed
eligible remediation costs" means costs approved by the
Illinois Environmental Protection Agency ("Agency") under
Section 58.14 of the Environmental Protection Act that were

SB2902 - 235 - LRB098 16889 JWD 51964 b
paid in performing environmental remediation at a site for
which a No Further Remediation Letter was issued by the
Agency and recorded under Section 58.10 of the
Environmental Protection Act. The credit must be claimed
for the taxable year in which Agency approval of the
eligible remediation costs is granted. The credit is not
available to any taxpayer if the taxpayer or any related
party caused or contributed to, in any material respect, a
release of regulated substances on, in, or under the site
that was identified and addressed by the remedial action
pursuant to the Site Remediation Program of the
Environmental Protection Act. After the Pollution Control
Board rules are adopted pursuant to the Illinois
Administrative Procedure Act for the administration and
enforcement of Section 58.9 of the Environmental
Protection Act, determinations as to credit availability
for purposes of this Section shall be made consistent with
those rules. For purposes of this Section, "taxpayer"
includes a person whose tax attributes the taxpayer has
succeeded to under Section 381 of the Internal Revenue Code
and "related party" includes the persons disallowed a
deduction for losses by paragraphs (b), (c), and (f)(1) of
Section 267 of the Internal Revenue Code by virtue of being
a related taxpayer, as well as any of its partners. The
credit allowed against the tax imposed by subsections (a)
and (b) shall be equal to 25% of the unreimbursed eligible

SB2902 - 236 - LRB098 16889 JWD 51964 b
remediation costs in excess of $100,000 per site, except
that the $100,000 threshold shall not apply to any site
contained in an enterprise zone as determined by the
Department of Commerce and Community Affairs (now
Department of Commerce and Economic Opportunity). The
total credit allowed shall not exceed $40,000 per year with
a maximum total of $150,000 per site. For partners and
shareholders of subchapter S corporations, there shall be
allowed a credit under this subsection to be determined in
accordance with the determination of income and
distributive share of income under Sections 702 and 704 and
subchapter S of the Internal Revenue Code.
(ii) A credit allowed under this subsection that is
unused in the year the credit is earned may be carried
forward to each of the 5 taxable years following the year
for which the credit is first earned until it is used. The
term "unused credit" does not include any amounts of
unreimbursed eligible remediation costs in excess of the
maximum credit per site authorized under paragraph (i).
This credit shall be applied first to the earliest year for
which there is a liability. If there is a credit under this
subsection from more than one tax year that is available to
offset a liability, the earliest credit arising under this
subsection shall be applied first. A credit allowed under
this subsection may be sold to a buyer as part of a sale of
all or part of the remediation site for which the credit

SB2902 - 237 - LRB098 16889 JWD 51964 b
was granted. The purchaser of a remediation site and the
tax credit shall succeed to the unused credit and remaining
carry-forward period of the seller. To perfect the
transfer, the assignor shall record the transfer in the
chain of title for the site and provide written notice to
the Director of the Illinois Department of Revenue of the
assignor's intent to sell the remediation site and the
amount of the tax credit to be transferred as a portion of
the sale. In no event may a credit be transferred to any
taxpayer if the taxpayer or a related party would not be
eligible under the provisions of subsection (i).
(iii) For purposes of this Section, the term "site"
shall have the same meaning as under Section 58.2 of the
Environmental Protection Act.
(m) Education expense credit. Beginning with tax years
ending after December 31, 1999, a taxpayer who is the custodian
of one or more qualifying pupils shall be allowed a credit
against the tax imposed by subsections (a) and (b) of this
Section for qualified education expenses incurred on behalf of
the qualifying pupils. The credit shall be equal to 25% of
qualified education expenses, but in no event may the total
credit under this subsection claimed by a family that is the
custodian of qualifying pupils exceed $500. In no event shall a
credit under this subsection reduce the taxpayer's liability
under this Act to less than zero. This subsection is exempt
from the provisions of Section 250 of this Act.

SB2902 - 238 - LRB098 16889 JWD 51964 b
For purposes of this subsection:
"Qualifying pupils" means individuals who (i) are
residents of the State of Illinois, (ii) are under the age of
21 at the close of the school year for which a credit is
sought, and (iii) during the school year for which a credit is
sought were full-time pupils enrolled in a kindergarten through
twelfth grade education program at any school, as defined in
this subsection.
"Qualified education expense" means the amount incurred on
behalf of a qualifying pupil in excess of $250 for tuition,
book fees, and lab fees at the school in which the pupil is
enrolled during the regular school year.
"School" means any public or nonpublic elementary or
secondary school in Illinois that is in compliance with Title
VI of the Civil Rights Act of 1964 and attendance at which
satisfies the requirements of Section 26-1 of the School Code,
except that nothing shall be construed to require a child to
attend any particular public or nonpublic school to qualify for
the credit under this Section.
"Custodian" means, with respect to qualifying pupils, an
Illinois resident who is a parent, the parents, a legal
guardian, or the legal guardians of the qualifying pupils.
(n) River Edge Redevelopment Zone site remediation tax
credit.
(i) For tax years ending on or after December 31, 2006,
a taxpayer shall be allowed a credit against the tax

SB2902 - 239 - LRB098 16889 JWD 51964 b
imposed by subsections (a) and (b) of this Section for
certain amounts paid for unreimbursed eligible remediation
costs, as specified in this subsection. For purposes of
this Section, "unreimbursed eligible remediation costs"
means costs approved by the Illinois Environmental
Protection Agency ("Agency") under Section 58.14a of the
Environmental Protection Act that were paid in performing
environmental remediation at a site within a River Edge
Redevelopment Zone for which a No Further Remediation
Letter was issued by the Agency and recorded under Section
58.10 of the Environmental Protection Act. The credit must
be claimed for the taxable year in which Agency approval of
the eligible remediation costs is granted. The credit is
not available to any taxpayer if the taxpayer or any
related party caused or contributed to, in any material
respect, a release of regulated substances on, in, or under
the site that was identified and addressed by the remedial
action pursuant to the Site Remediation Program of the
Environmental Protection Act. Determinations as to credit
availability for purposes of this Section shall be made
consistent with rules adopted by the Pollution Control
Board pursuant to the Illinois Administrative Procedure
Act for the administration and enforcement of Section 58.9
of the Environmental Protection Act. For purposes of this
Section, "taxpayer" includes a person whose tax attributes
the taxpayer has succeeded to under Section 381 of the

SB2902 - 240 - LRB098 16889 JWD 51964 b
Internal Revenue Code and "related party" includes the
persons disallowed a deduction for losses by paragraphs
(b), (c), and (f)(1) of Section 267 of the Internal Revenue
Code by virtue of being a related taxpayer, as well as any
of its partners. The credit allowed against the tax imposed
by subsections (a) and (b) shall be equal to 25% of the
unreimbursed eligible remediation costs in excess of
$100,000 per site.
(ii) A credit allowed under this subsection that is
unused in the year the credit is earned may be carried
forward to each of the 5 taxable years following the year
for which the credit is first earned until it is used. This
credit shall be applied first to the earliest year for
which there is a liability. If there is a credit under this
subsection from more than one tax year that is available to
offset a liability, the earliest credit arising under this
subsection shall be applied first. A credit allowed under
this subsection may be sold to a buyer as part of a sale of
all or part of the remediation site for which the credit
was granted. The purchaser of a remediation site and the
tax credit shall succeed to the unused credit and remaining
carry-forward period of the seller. To perfect the
transfer, the assignor shall record the transfer in the
chain of title for the site and provide written notice to
the Director of the Illinois Department of Revenue of the
assignor's intent to sell the remediation site and the

SB2902 - 241 - LRB098 16889 JWD 51964 b
amount of the tax credit to be transferred as a portion of
the sale. In no event may a credit be transferred to any
taxpayer if the taxpayer or a related party would not be
eligible under the provisions of subsection (i).
(iii) For purposes of this Section, the term "site"
shall have the same meaning as under Section 58.2 of the
Environmental Protection Act.
(o) For each of taxable years during the Compassionate Use
of Medical Cannabis Pilot Program, a surcharge is imposed on
all taxpayers on income arising from the sale or exchange of
capital assets, depreciable business property, real property
used in the trade or business, and Section 197 intangibles of
an organization registrant under the Compassionate Use of
Medical Cannabis Pilot Program Act. The amount of the surcharge
is equal to the amount of federal income tax liability for the
taxable year attributable to those sales and exchanges. The
surcharge imposed does not apply if:
(1) the medical cannabis cultivation center
registration, medical cannabis dispensary registration, or
the property of a registration is transferred as a result
of any of the following:
(A) bankruptcy, a receivership, or a debt
adjustment initiated by or against the initial
registration or the substantial owners of the initial
registration;
(B) cancellation, revocation, or termination of

SB2902 - 242 - LRB098 16889 JWD 51964 b
any registration by the Illinois Department of Public
Health;
(C) a determination by the Illinois Department of
Public Health that transfer of the registration is in
the best interests of Illinois qualifying patients as
defined by the Compassionate Use of Medical Cannabis
Pilot Program Act;
(D) the death of an owner of the equity interest in
a registrant;
(E) the acquisition of a controlling interest in
the stock or substantially all of the assets of a
publicly traded company;
(F) a transfer by a parent company to a wholly
owned subsidiary; or
(G) the transfer or sale to or by one person to
another person where both persons were initial owners
of the registration when the registration was issued;
or
(2) the cannabis cultivation center registration,
medical cannabis dispensary registration, or the
controlling interest in a registrant's property is
transferred in a transaction to lineal descendants in which
no gain or loss is recognized or as a result of a
transaction in accordance with Section 351 of the Internal
Revenue Code in which no gain or loss is recognized.
(Source: P.A. 97-2, eff. 5-6-11; 97-636, eff. 6-1-12; 97-905,

SB2902 - 243 - LRB098 16889 JWD 51964 b
eff. 8-7-12; 98-109, eff. 7-25-13; 98-122, eff. 1-1-14; revised
8-9-13.)
(35 ILCS 5/303) (from Ch. 120, par. 3-303)
Sec. 303. (a) In general. Any item of capital gain or loss,
and any item of income from rents or royalties from real or
tangible personal property, interest, dividends, and patent or
copyright royalties, and prizes awarded under the Illinois
Lottery Law, to the extent such item constitutes nonbusiness
income, together with any item of deduction directly allocable
thereto, shall be allocated by any person other than a resident
as provided in this Section.
(b) Capital gains and losses.
(1) Real property. Capital gains and losses from sales
or exchanges of real property are allocable to this State
if the property is located in this State.
(2) Tangible personal property. Capital gains and
losses from sales or exchanges of tangible personal
property are allocable to this State if, at the time of
such sale or exchange:
(A) The property had its situs in this State; or
(B) The taxpayer had its commercial domicile in
this State and was not taxable in the state in which
the property had its situs.
(3) Intangibles. Capital gains and losses from sales or
exchanges of intangible personal property are allocable to

SB2902 - 244 - LRB098 16889 JWD 51964 b
this State if the taxpayer had its commercial domicile in
this State at the time of such sale or exchange.
(c) Rents and royalties.
(1) Real property. Rents and royalties from real
property are allocable to this State if the property is
located in this State.
(2) Tangible personal property. Rents and royalties
from tangible personal property are allocable to this
State:
(A) If and to the extent that the property is
utilized in this State; or
(B) In their entirety if, at the time such rents or
royalties were paid or accrued, the taxpayer had its
commercial domicile in this State and was not organized
under the laws of or taxable with respect to such rents
or royalties in the state in which the property was
utilized. The extent of utilization of tangible
personal property in a state is determined by
multiplying the rents or royalties derived from such
property by a fraction, the numerator of which is the
number of days of physical location of the property in
the state during the rental or royalty period in the
taxable year and the denominator of which is the number
of days of physical location of the property everywhere
during all rental or royalty periods in the taxable
year. If the physical location of the property during

SB2902 - 245 - LRB098 16889 JWD 51964 b
the rental or royalty period is unknown or
unascertainable by the taxpayer, tangible personal
property is utilized in the state in which the property
was located at the time the rental or royalty payer
obtained possession.
(d) Patent and copyright royalties.
(1) Allocation. Patent and copyright royalties are
allocable to this State:
(A) If and to the extent that the patent or
copyright is utilized by the payer in this State; or
(B) If and to the extent that the patent or
copyright is utilized by the payer in a state in which
the taxpayer is not taxable with respect to such
royalties and, at the time such royalties were paid or
accrued, the taxpayer had its commercial domicile in
this State.
(2) Utilization.
(A) A patent is utilized in a state to the extent
that it is employed in production, fabrication,
manufacturing or other processing in the state or to
the extent that a patented product is produced in the
state. If the basis of receipts from patent royalties
does not permit allocation to states or if the
accounting procedures do not reflect states of
utilization, the patent is utilized in this State if
the taxpayer has its commercial domicile in this State.

SB2902 - 246 - LRB098 16889 JWD 51964 b
(B) A copyright is utilized in a state to the
extent that printing or other publication originates
in the state. If the basis of receipts from copyright
royalties does not permit allocation to states or if
the accounting procedures do not reflect states of
utilization, the copyright is utilized in this State if
the taxpayer has its commercial domicile in this State.
(e) Illinois lottery prizes. Prizes awarded under the
Illinois Lottery Law are allocable to this State. Payments
received in taxable years ending on or after December 31, 2013,
from the assignment of a prize under Section 13.1 of the
Illinois Lottery Law are allocable to this State.
(e-5) Unemployment benefits. Unemployment benefits paid by
the Illinois Department of Workforce Development Employment
Security are allocable to this State.
(f) Taxability in other state. For purposes of allocation
of income pursuant to this Section, a taxpayer is taxable in
another state if:
(1) In that state he is subject to a net income tax, a
franchise tax measured by net income, a franchise tax for
the privilege of doing business, or a corporate stock tax;
or
(2) That state has jurisdiction to subject the taxpayer
to a net income tax regardless of whether, in fact, the
state does or does not.
(g) Cross references.

SB2902 - 247 - LRB098 16889 JWD 51964 b
(1) For allocation of interest and dividends by persons
other than residents, see Section 301(c)(2).
(2) For allocation of nonbusiness income by residents,
see Section 301(a).
(Source: P.A. 97-709, eff. 7-1-12; 98-496, eff. 1-1-14.)
(35 ILCS 5/701) (from Ch. 120, par. 7-701)
Sec. 701. Requirement and Amount of Withholding.
(a) In General. Every employer maintaining an office or
transacting business within this State and required under the
provisions of the Internal Revenue Code to withhold a tax on:
(1) compensation paid in this State (as determined
under Section 304(a)(2)(B) to an individual; or
(2) payments described in subsection (b) shall deduct
and withhold from such compensation for each payroll period
(as defined in Section 3401 of the Internal Revenue Code)
an amount equal to the amount by which such individual's
compensation exceeds the proportionate part of this
withholding exemption (computed as provided in Section
702) attributable to the payroll period for which such
compensation is payable multiplied by a percentage equal to
the percentage tax rate for individuals provided in
subsection (b) of Section 201.
(b) Payment to Residents. Any payment (including
compensation, but not including a payment from which
withholding is required under Section 710 of this Act) to a

SB2902 - 248 - LRB098 16889 JWD 51964 b
resident by a payor maintaining an office or transacting
business within this State (including any agency, officer, or
employee of this State or of any political subdivision of this
State) and on which withholding of tax is required under the
provisions of the Internal Revenue Code shall be deemed to be
compensation paid in this State by an employer to an employee
for the purposes of Article 7 and Section 601(b)(1) to the
extent such payment is included in the recipient's base income
and not subjected to withholding by another state.
Notwithstanding any other provision to the contrary, no amount
shall be withheld from unemployment insurance benefit payments
made to an individual pursuant to the Unemployment Insurance
Act unless the individual has voluntarily elected the
withholding pursuant to rules promulgated by the Director of
Workforce Development Employment Security.
(c) Special Definitions. Withholding shall be considered
required under the provisions of the Internal Revenue Code to
the extent the Internal Revenue Code either requires
withholding or allows for voluntary withholding the payor and
recipient have entered into such a voluntary withholding
agreement. For the purposes of Article 7 and Section 1002(c)
the term "employer" includes any payor who is required to
withhold tax pursuant to this Section.
(d) Reciprocal Exemption. The Director may enter into an
agreement with the taxing authorities of any state which
imposes a tax on or measured by income to provide that

SB2902 - 249 - LRB098 16889 JWD 51964 b
compensation paid in such state to residents of this State
shall be exempt from withholding of such tax; in such case, any
compensation paid in this State to residents of such state
shall be exempt from withholding. All reciprocal agreements
shall be subject to the requirements of Section 2505-575 of the
Department of Revenue Law (20 ILCS 2505/2505-575).
(e) Notwithstanding subsection (a)(2) of this Section, no
withholding is required on payments for which withholding is
required under Section 3405 or 3406 of the Internal Revenue
Code.
(Source: P.A. 97-507, eff. 8-23-11; 98-496, eff. 1-1-14.)
(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

SB2902 - 250 - LRB098 16889 JWD 51964 b
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
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

SB2902 - 251 - LRB098 16889 JWD 51964 b
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
Code, and any other health benefit program administered by the
State. The Director may exchange information with the Director
of the Department of Workforce Development 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
Workforce Development 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 Disabled Persons Property Tax Relief and
Pharmaceutical Assistance Act.
The Director may make available to any State agency,

SB2902 - 252 - LRB098 16889 JWD 51964 b
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
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

SB2902 - 253 - LRB098 16889 JWD 51964 b
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.
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

SB2902 - 254 - LRB098 16889 JWD 51964 b
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
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

SB2902 - 255 - LRB098 16889 JWD 51964 b
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 215. The Economic Development for a Growing Economy
Tax Credit Act is amended by changing Section 5-25 as follows:
(35 ILCS 10/5-25)
Sec. 5-25. Review of Application.
(a) In addition to those duties granted under the Illinois
Economic Development Board Act, the Illinois Economic
Development Board shall form a Business Investment Committee
for the purpose of making recommendations for applications. At
the request of the Board, the Director of Commerce and Economic
Opportunity or his or her designee, the Director of the
Governor's Office of Management and Budget or his or her
designee, the Director of Revenue or his or her designee, the
Director of Workforce Development Employment Security or his or
her designee, and an elected official of the affected locality,
such as the chair of the county board or the mayor, may serve
as members of the Committee to assist with its analysis and
deliberations.
(b) At the Department's request, the Committee shall
convene, make inquiries, and conduct studies in the manner and
by the methods as it deems desirable, review information with
respect to Applicants, and make recommendations for projects to

SB2902 - 256 - LRB098 16889 JWD 51964 b
benefit the State. In making its recommendation that an
Applicant's application for Credit should or should not be
accepted, which shall occur within a reasonable time frame as
determined by the nature of the application, the Committee
shall determine that all the following conditions exist:
(1) The Applicant's project intends, as required by
subsection (b) of Section 5-20 to make the required
investment in the State and intends to hire the required
number of New Employees in Illinois as a result of that
project.
(2) The Applicant's project is economically sound and
will benefit the people of the State of Illinois by
increasing opportunities for employment and strengthen the
economy of Illinois.
(3) That, if not for the Credit, the project would not
occur in Illinois, which may be demonstrated by any means
including, but not limited to, evidence the Applicant has
multi-state location options and could reasonably and
efficiently locate outside of the State, or demonstration
that at least one other state is being considered for the
project, or evidence the receipt of the Credit is a major
factor in the Applicant's decision and that without the
Credit, the Applicant likely would not create new jobs in
Illinois, or demonstration that receiving the Credit is
essential to the Applicant's decision to create or retain
new jobs in the State.

SB2902 - 257 - LRB098 16889 JWD 51964 b
(4) A cost differential is identified, using best
available data, in the projected costs for the Applicant's
project compared to the costs in the competing state,
including the impact of the competing state's incentive
programs. The competing state's incentive programs shall
include state, local, private, and federal funds
available.
(5) The political subdivisions affected by the project
have committed local incentives with respect to the
project, considering local ability to assist.
(6) Awarding the Credit will result in an overall
positive fiscal impact to the State, as certified by the
Committee using the best available data.
(7) The Credit is not prohibited by Section 5-35 of
this Act.
(Source: P.A. 94-793, eff. 5-19-06.)
Section 220. The Business Location Efficiency Incentive
Act is amended by changing Section 10 as follows:
(35 ILCS 11/10)
(Section scheduled to be repealed on December 31, 2016)
Sec. 10. Economic development assistance awards.
(a) An applicant that also wants to be considered for
increased economic development assistance under this Act shall
submit a location efficiency report.

SB2902 - 258 - LRB098 16889 JWD 51964 b
(b) DCEO may give an applicant an increased tax credit or
extension if the applicant's location efficiency report
demonstrates that the applicant is seeking assistance for a
project to be located in an area that satisfies this Act's
standards for affordable workforce housing or affordable and
accessible mass transit. If the Department determines from the
location efficiency report that the applicant is seeking
assistance in an area that is not location efficient, the
Department may award an increase in State economic development
assistance if an applicant (i) submits, and the Department
accepts, an applicant's employee housing and transportation
remediation plan or (ii) creates jobs in a labor surplus area
as defined by the Department of Workforce Development
Employment Security at the end of each calendar year.
(c) Applicants locating or expanding at location-efficient
sites, with approved location efficiency plans, or creating
jobs in labor surplus areas may receive (i) up to 10% more than
the maximum allowable tax credits for which they are eligible
under the Economic Development for a Growing Economy Tax Credit
Act (EDGE), but not to equal or exceed 100% of the applicant's
tax liability, or (ii) such other adjustment of those tax
credits, including but not limited to extensions, as the
Department deems appropriate.
(d) The Department may provide technical assistance to
employers requesting assistance in developing an appropriate
employee housing or transportation plan.

SB2902 - 259 - LRB098 16889 JWD 51964 b
(Source: P.A. 97-1097, eff. 8-24-12.)
Section 225. The Illinois Pension Code is amended by
changing Section 14-103.05 as follows:
(40 ILCS 5/14-103.05) (from Ch. 108 1/2, par. 14-103.05)
Sec. 14-103.05. Employee.
(a) Any person employed by a Department who receives salary
for personal services rendered to the Department on a warrant
issued pursuant to a payroll voucher certified by a Department
and drawn by the State Comptroller upon the State Treasurer,
including an elected official described in subparagraph (d) of
Section 14-104, shall become an employee for purpose of
membership in the Retirement System on the first day of such
employment.
A person entering service on or after January 1, 1972 and
prior to January 1, 1984 shall become a member as a condition
of employment and shall begin making contributions as of the
first day of employment.
A person entering service on or after January 1, 1984
shall, upon completion of 6 months of continuous service which
is not interrupted by a break of more than 2 months, become a
member as a condition of employment. Contributions shall begin
the first of the month after completion of the qualifying
period.
A person employed by the Chicago Metropolitan Agency for

SB2902 - 260 - LRB098 16889 JWD 51964 b
Planning on the effective date of this amendatory Act of the
95th General Assembly who was a member of this System as an
employee of the Chicago Area Transportation Study and makes an
election under Section 14-104.13 to participate in this System
for his or her employment with the Chicago Metropolitan Agency
for Planning.
The qualifying period of 6 months of service is not
applicable to: (1) a person who has been granted credit for
service in a position covered by the State Universities
Retirement System, the Teachers' Retirement System of the State
of Illinois, the General Assembly Retirement System, or the
Judges Retirement System of Illinois unless that service has
been forfeited under the laws of those systems; (2) a person
entering service on or after July 1, 1991 in a noncovered
position; (3) a person to whom Section 14-108.2a or 14-108.2b
applies; or (4) a person to whom subsection (a-5) of this
Section applies.
(a-5) A person entering service on or after December 1,
2010 shall become a member as a condition of employment and
shall begin making contributions as of the first day of
employment. A person serving in the qualifying period on
December 1, 2010 will become a member on December 1, 2010 and
shall begin making contributions as of December 1, 2010.
(b) The term "employee" does not include the following:
(1) members of the State Legislature, and persons
electing to become members of the General Assembly

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Retirement System pursuant to Section 2-105;
(2) incumbents of offices normally filled by vote of
the people;
(3) except as otherwise provided in this Section, any
person appointed by the Governor with the advice and
consent of the Senate unless that person elects to
participate in this system;
(3.1) any person serving as a commissioner of an ethics
commission created under the State Officials and Employees
Ethics Act unless that person elects to participate in this
system with respect to that service as a commissioner;
(3.2) any person serving as a part-time employee in any
of the following positions: Legislative Inspector General,
Special Legislative Inspector General, employee of the
Office of the Legislative Inspector General, Executive
Director of the Legislative Ethics Commission, or staff of
the Legislative Ethics Commission, regardless of whether
he or she is in active service on or after July 8, 2004
(the effective date of Public Act 93-685), unless that
person elects to participate in this System with respect to
that service; in this item (3.2), a "part-time employee" is
a person who is not required to work at least 35 hours per
week;
(3.3) any person who has made an election under Section
1-123 and who is serving either as legal counsel in the
Office of the Governor or as Chief Deputy Attorney General;

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(4) except as provided in Section 14-108.2 or
14-108.2c, any person who is covered or eligible to be
covered by the Teachers' Retirement System of the State of
Illinois, the State Universities Retirement System, or the
Judges Retirement System of Illinois;
(5) an employee of a municipality or any other
political subdivision of the State;
(6) any person who becomes an employee after June 30,
1979 as a public service employment program participant
under the Federal Comprehensive Employment and Training
Act and whose wages or fringe benefits are paid in whole or
in part by funds provided under such Act;
(7) enrollees of the Illinois Young Adult Conservation
Corps program, administered by the Department of Natural
Resources, authorized grantee pursuant to Title VIII of the
"Comprehensive Employment and Training Act of 1973", 29 USC
993, as now or hereafter amended;
(8) enrollees and temporary staff of programs
administered by the Department of Natural Resources under
the Youth Conservation Corps Act of 1970;
(9) any person who is a member of any professional
licensing or disciplinary board created under an Act
administered by the Department of Professional Regulation
or a successor agency or created or re-created after the
effective date of this amendatory Act of 1997, and who
receives per diem compensation rather than a salary,

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notwithstanding that such per diem compensation is paid by
warrant issued pursuant to a payroll voucher; such persons
have never been included in the membership of this System,
and this amendatory Act of 1987 (P.A. 84-1472) is not
intended to effect any change in the status of such
persons;
(10) any person who is a member of the Illinois Health
Care Cost Containment Council, and receives per diem
compensation rather than a salary, notwithstanding that
such per diem compensation is paid by warrant issued
pursuant to a payroll voucher; such persons have never been
included in the membership of this System, and this
amendatory Act of 1987 is not intended to effect any change
in the status of such persons;
(11) any person who is a member of the Oil and Gas
Board created by Section 1.2 of the Illinois Oil and Gas
Act, and receives per diem compensation rather than a
salary, notwithstanding that such per diem compensation is
paid by warrant issued pursuant to a payroll voucher;
(12) a person employed by the State Board of Higher
Education in a position with the Illinois Century Network
as of June 30, 2004, who remains continuously employed
after that date by the Department of Central Management
Services in a position with the Illinois Century Network
and participates in the Article 15 system with respect to
that employment;

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(13) any person who first becomes a member of the Civil
Service Commission on or after January 1, 2012;
(14) any person, other than the Director of Employment
Security, (now Workforce Development) who first becomes a
member of the Board of Review of the Department of
Employment Security (now Workforce Development) on or
after January 1, 2012;
(15) any person who first becomes a member of the Civil
Service Commission on or after January 1, 2012;
(16) any person who first becomes a member of the
Illinois Liquor Control Commission on or after January 1,
2012;
(17) any person who first becomes a member of the
Secretary of State Merit Commission on or after January 1,
2012;
(18) any person who first becomes a member of the Human
Rights Commission on or after January 1, 2012;
(19) any person who first becomes a member of the State
Mining Board on or after January 1, 2012;
(20) any person who first becomes a member of the
Property Tax Appeal Board on or after January 1, 2012;
(21) any person who first becomes a member of the
Illinois Racing Board on or after January 1, 2012;
(22) any person who first becomes a member of the
Department of State Police Merit Board on or after January
1, 2012;

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(23) any person who first becomes a member of the
Illinois State Toll Highway Authority on or after January
1, 2012; or
(24) any person who first becomes a member of the
Illinois State Board of Elections on or after January 1,
2012.
(c) An individual who represents or is employed as an
officer or employee of a statewide labor organization that
represents members of this System may participate in the System
and shall be deemed an employee, provided that (1) the
individual has previously earned creditable service under this
Article, (2) the individual files with the System an
irrevocable election to become a participant within 6 months
after the effective date of this amendatory Act of the 94th
General Assembly, and (3) the individual does not receive
credit for that employment under any other provisions of this
Code. An employee under this subsection (c) is responsible for
paying to the System both (i) employee contributions based on
the actual compensation received for service with the labor
organization and (ii) employer contributions based on the
percentage of payroll certified by the board; all or any part
of these contributions may be paid on the employee's behalf or
picked up for tax purposes (if authorized under federal law) by
the labor organization.
A person who is an employee as defined in this subsection
(c) may establish service credit for similar employment prior

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to becoming an employee under this subsection by paying to the
System for that employment the contributions specified in this
subsection, plus interest at the effective rate from the date
of service to the date of payment. However, credit shall not be
granted under this subsection (c) for any such prior employment
for which the applicant received credit under any other
provision of this Code or during which the applicant was on a
leave of absence.
(Source: P.A. 96-1490, eff. 1-1-11; 97-609, eff. 1-1-12.)
Section 230. The Military Family Interstate Compact
Implementation Statute Drafting Advisory Committee Act is
amended by changing Section 5 as follows:
(45 ILCS 175/5)
Sec. 5. Committee; created; mandate. The Military Family
Interstate Compact Implementation Statute Drafting Advisory
Committee is created as an interagency advisory committee to
develop a comprehensive statute to implement the Interstate
Compact on Educational Opportunity for Military Children, a
document developed by the National Military Family
Association. The Lieutenant Governor is the chair of the
Committee, which shall be composed of the following individuals
or agency designees:
(1) The Lieutenant Governor.
(2) The Illinois State Board of Education.

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(3) The Department of Commerce and Economic
Opportunity.
(4) The Department of Healthcare and Family Services.
(5) The Housing Development Authority.
(6) The Department of Veterans' Affairs.
(7) The Department of Military Affairs.
(8) The Department of Workforce Development Employment
Security.
(9) Any other interested stakeholder, at the
discretion of the chair.
The Committee shall meet at a time and place designated by
the chair, but in no case shall the Committee meet less often
than once each month, until it has fulfilled all the
obligations delineated in this Act.
All meetings of the Committee are subject to the provisions
of the Open Meetings Act.
All proceedings of the Committee and documents produced by
the Committee are subject to the provisions of the Freedom of
Information Act.
The Committee shall draft and submit to the General
Assembly a model implementation statute and a report outlining
all the issues raised by the implementation by no later than
December 31, 2008 or within 90 days after the effective date of
this Act, whichever is later.
The Office of the Lieutenant Governor shall provide staff
and administrative support to the Committee.

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(Source: P.A. 95-736, eff. 7-16-08.)
Section 235. The County Economic Development Project Area
Tax Increment Allocation Act of 1991 is amended by changing
Section 10 as follows:
(55 ILCS 90/10) (from Ch. 34, par. 8010)
Sec. 10. Definitions. In this Act, words or terms have the
following meanings:
(a) "Economic development plan" means the written plan of a
county that sets forth an economic development program for an
economic development project area. Each economic development
plan shall include but not be limited to (i) estimated economic
development project costs, (ii) the sources of funds to pay
those costs, (iii) the nature and term of any obligations to be
issued by the county to pay those costs, (iv) the most recent
equalized assessed valuation of the economic development
project area, (v) an estimate of the equalized assessed
valuation of the economic development project area after
completion of an economic development project, (vi) the
estimated date of completion of any economic development
project proposed to be undertaken, (vii) a general description
of any proposed developer, user, or tenant of any property to
be located or improved within the economic development project
area, (viii) a description of the type, structure, and general
character of the facilities to be developed or improved, (ix) a

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report, which may be in preliminary form, of an independent
engineer, architect, or other professional indicating that any
proposed manufacturing, industrial, research, or similar
facility included in a proposed economic development project
for a proposed economic development project area uses proven
technology or uses innovative technology for which there is
reasonable evidence of technological feasibility, (x) a
description of the general land uses to apply in the economic
development project area, (xi) a description of the type,
class, and number of employees to be employed in the operation
of the facilities to be developed or improved, and (xii) a
commitment by the county to fair employment practices and an
affirmative action plan with respect to any economic
development program to be undertaken by the county.
(b) "Economic development project" means any development
project in furtherance of the objectives of this Act.
(c) "Economic development project area" means any improved
or vacant area that (i) is located in a county of significant
unemployment as defined in subsection (e) of this Section, (ii)
is contiguous, (iii) is not less in the aggregate than 5000
acres, (iv) is suitable for siting by a commercial,
manufacturing, industrial, research, or transportation
enterprise or facilities to include but not be limited to
commercial businesses, offices, factories, mills, processing
plants, industrial or commercial distribution centers,
warehouses, repair overhaul or service facilities, freight

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terminals, research facilities, test facilities, or
transportation facilities, regardless of whether the area has
been used at any time for those facilities and regardless of
whether the area has been used or is suitable for other uses,
including commercial agricultural purposes, and (v) has been
approved and certified by the corporate authorities of the
county pursuant to this Act.
(d) "Economic development project costs" means and
includes the total of all reasonable or necessary costs
incurred or to be incurred by a county or by a nongovernmental
person pursuant to an economic development project, including,
without limitation, the following:
(1) Costs of studies, surveys, development of plans and
specifications, and implementation and administration of
an economic development plan and personnel and
professional service costs for architectural, engineering,
legal, marketing, financial, planning, police, fire,
public works, or other services. No charges for
professional services, however, may be based on a
percentage of incremental tax revenues.
(2) Property assembly costs within an economic
development project area, including but not limited to
acquisition of land and other real or personal property or
rights or interests in property.
(3) Site preparation costs, including but not limited
to clearance of any area within an economic development

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project area by demolition or removal of any existing
buildings, structures, fixtures, utilities, and
improvements and clearing and grading; and including
installation, repair, construction, reconstruction, or
relocation of public streets, public utilities, and other
public site improvements located outside the boundaries of
an economic development project area that are essential to
the preparation of the economic development project area
for use in accordance with an economic development plan.
(4) Costs of renovation, rehabilitation,
reconstruction, relocation, repair, or remodeling of any
existing buildings, improvements, and fixtures within an
economic development project area.
(5) Costs of installation or construction within an
economic development project area of any buildings,
structures, works, streets, improvements, utilities, or
fixtures, whether publicly or privately owned or operated.
(6) Financing costs, including but not limited to all
necessary and incidental expenses related to the issuance
of obligations, payment of any interest on any obligations
issued under this Act that accrues during the estimated
period of construction of any economic development project
for which the obligations are issued and for not more than
36 months after that period, and any reasonable reserves
related to the issuance of the obligations.
(7) All or a portion of a taxing district's capital

SB2902 - 272 - LRB098 16889 JWD 51964 b
costs resulting from an economic development project
necessarily incurred or estimated to be incurred by a
taxing district in the furtherance of the objectives of an
economic development project, to the extent that the county
by written agreement accepts and approves those costs.
(8) Relocation costs to the extent that a county
determines that relocation costs shall be paid or is
required to pay relocation costs by federal or State law.
(9) The estimated tax revenues from real property in an
economic development project area acquired by a county
that, according to the economic development plan, is to be
used for a private use (i) that any taxing district would
have received had the county not adopted tax increment
allocation financing for an economic development project
area and (ii) that would result from the taxing district's
levies made after the time of the adoption by the county of
tax increment allocation financing to the time the current
equalized assessed value of real property in the economic
development project area exceeds the total initial
equalized value of real property.
(10) Costs of rebating ad valorem taxes paid by any
developer or other nongovernmental person in whose name the
general taxes were paid for the last preceding year on any
lot, block, tract, or parcel of land in the economic
development project area, provided that:
(A) the economic development project area is

SB2902 - 273 - LRB098 16889 JWD 51964 b
located in an enterprise zone created under the
Illinois Enterprise Zone Act;
(B) the ad valorem taxes shall be rebated only in
amounts and for a tax year or years as the county and
any one or more affected taxing districts have agreed
by prior written agreement;
(C) any amount of rebate of taxes shall not exceed
the portion, if any, of taxes levied by the county or
taxing district or districts that is attributable to
the increase in the current equalized assessed
valuation of each taxable lot, block, tract, or parcel
of real property in the economic development project
area over and above the initial equalized assessed
value of each property existing at the time property
tax allocation financing was adopted for the economic
development project area; and
(D) costs of rebating ad valorem taxes shall be
paid by a county solely from the special tax allocation
fund established under this Act and shall not be paid
from the proceeds of any obligations issued by a
county.
(11) Costs of job training or advanced vocational or
career education, including but not limited to courses in
occupational, semi-technical, or technical fields leading
directly to employment, incurred by one or more taxing
districts, but only if the costs are related to the

SB2902 - 274 - LRB098 16889 JWD 51964 b
establishment and maintenance of additional job training,
advanced vocational education, or career education
programs for persons employed or to be employed by
employers located in the economic development project area
and only if, when the costs are incurred by a taxing
district or taxing districts other than the county, they
shall be set forth in a written agreement by or among the
county and the taxing district or taxing districts that
describes the program to be undertaken, including without
limitation the number of employees to be trained, a
description of the training and services to be provided,
the number and type of positions available or to be
available, itemized costs of the program and sources of
funds to pay the costs, and the term of the agreement.
These costs include, specifically, the payment by
community college districts of costs pursuant to Sections
3-37, 3-38, 3-40 and 3-40.1 of the Public Community College
Act and by school districts of costs pursuant to Sections
10-22.20 and 10-23.3a of the School Code.
(12) Private financing costs incurred by a developer or
other nongovernmental person in connection with an
economic development project, provided that:
(A) private financing costs shall be paid or
reimbursed by a county only pursuant to the prior
official action of the county evidencing an intent to
pay or reimburse such private financing costs;

SB2902 - 275 - LRB098 16889 JWD 51964 b
(B) except as provided in subparagraph (D), the
aggregate amount of the costs paid or reimbursed by a
county in any one year shall not exceed 30% of the
costs paid or incurred by the developer or other
nongovernmental person in that year;
(C) private financing costs shall be paid or
reimbursed by a county solely from the special tax
allocation fund established under this Act and shall
not be paid from the proceeds of any obligations issued
by a county; and
(D) if there are not sufficient funds available in
the special tax allocation fund in any year to make the
payment or reimbursement in full, any amount of the
interest costs remaining to be paid or reimbursed by a
county shall accrue and be payable when funds are
available in the special tax allocation fund to make
the payment.
(e) "A county with significant unemployment" means a county
in which the average annual unemployment rate for the previous
calendar year equaled or exceeded 12%. For purposes of this
subsection, the unemployment rate of a county shall be the rate
as certified by the Illinois Department of Workforce
Development Employment Security.
(f) "Obligations" means any instrument evidencing the
obligation of a county to pay money, including without
limitation bonds, notes, installment or financing contracts,

SB2902 - 276 - LRB098 16889 JWD 51964 b
certificates, tax anticipation warrants or notes, vouchers,
and any other evidence of indebtedness.
(g) "Taxing districts" means counties, townships, and
school, road, park, sanitary, mosquito abatement, forest
preserve, public health, fire protection, river conservancy,
tuberculosis sanitarium, and any other districts or other
municipal corporations with the power to levy taxes.
(Source: P.A. 87-1.)
Section 240. The Illinois Municipal Code is amended by
changing Section 11-76-4.2 as follows:
(65 ILCS 5/11-76-4.2) (from Ch. 24, par. 11-76-4.2)
Sec. 11-76-4.2. Surplus property; alternative method of
sale.
(a) This Section applies to any municipality with a
population of less than 20,000 which is situated wholly or
partially within a county that has an unemployment rate, as
determined by the Illinois Department of Workforce Development
Employment Security, higher than the national unemployment
average, as determined by the U.S. Department of Labor, for at
least one month during the 6 months preceding the adoption of a
resolution to sell real estate under this Section.
(b) If a municipality has either (1) adopted an ordinance
to sell surplus real estate under Section 11-76-2 and has
received no bid on a particular parcel or (2) adopted a

SB2902 - 277 - LRB098 16889 JWD 51964 b
resolution to sell surplus real estate under Section 11-76-4.1
and has received no acceptable offer on a particular parcel
within 6 months after adoption of the resolution, then that
parcel of surplus real estate may be sold in the manner set
forth in subsection (c) of this Section.
(c) If the requirements of subsections (a) and (b) of this
Section are met, then the corporate authorities may, by
resolution, authorize the sale of a parcel of surplus public
real estate in either of the following manners: (1) by the
staff of the municipality; (2) by listing with local licensed
real estate agencies; or (3) by public auction. The terms of
the sale, the compensation of the agent, if any, the time and
the place of the auction, if applicable, a legal description of
the property and its size, use and zoning shall be included in
the resolution. The resolution shall be published once each
week for 3 successive weeks in a daily or weekly newspaper
published in the municipality or, if none, in a newspaper
published in the county in which the municipality is located.
No sale may be conducted until at least 30 days after the first
publication. The corporate authorities may accept any offer or
bid determined by them to be in the best interest of the
municipality by a vote of three-fourths of the corporate
authorities then holding office.
(Source: P.A. 86-331.)
Section 245. The School Code is amended by changing Section

SB2902 - 278 - LRB098 16889 JWD 51964 b
2-3.39 and 22-45 as follows:
(105 ILCS 5/2-3.39) (from Ch. 122, par. 2-3.39)
Sec. 2-3.39. Department of Transitional Bilingual
Education. To establish a Department of Transitional Bilingual
Education. In selecting staff for the Department of
Transitional Bilingual Education the State Board of Education
shall give preference to persons who are natives of foreign
countries where languages to be used in transitional bilingual
education programs are the predominant languages. The
Department of Transitional Bilingual Education has the power
and duty to:
(1) Administer and enforce the provisions of Article 14C of
this Code including the power to promulgate any necessary rules
and regulations.
(2) Study, review, and evaluate all available resources and
programs that, in whole or in part, are or could be directed
towards meeting the language capability needs of children and
adults of limited English-speaking ability residing in the
State.
(3) Gather information about the theory and practice of
bilingual education in this State and elsewhere, and encourage
experimentation and innovation in the field of bilingual
education.
(4) Provide for the maximum practical involvement of
parents of bilingual children, transitional bilingual

SB2902 - 279 - LRB098 16889 JWD 51964 b
education teachers, representatives of community groups,
educators, and laymen knowledgeable in the field of bilingual
education in the formulation of policy and procedures relating
to the administration of Article 14C of this Code.
(5) Consult with other public departments and agencies,
including but not limited to the Department of Community
Affairs, the Department of Public Welfare, the Department
Division of Workforce Development Employment Security, the
Commission Against Discrimination, and the United States
Department of Health, Education, and Welfare in connection with
the administration of Article 14C of this Code.
(6) Make recommendations in the areas of preservice and
in-service training for transitional bilingual education
teachers, curriculum development, testing and testing
mechanisms, and the development of materials for transitional
bilingual education programs.
(7) Undertake any further activities which may assist in
the full implementation of Article 14C of this Code and to make
an annual report to the General Assembly to include an
evaluation of the program, the need for continuing such a
program, and recommendations for improvement.
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

SB2902 - 280 - LRB098 16889 JWD 51964 b
required by Section 3.1 of "An Act to revise the law in
relation to the General Assembly", approved February 25, 1874,
as amended, 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.
(Source: P.A. 84-1438.)
(105 ILCS 5/22-45)
Sec. 22-45. Illinois P-20 Council.
(a) The General Assembly finds that preparing Illinoisans
for success in school and the workplace requires a continuum of
quality education from preschool through graduate school. This
State needs a framework to guide education policy and integrate
education at every level. A statewide coordinating council to
study and make recommendations concerning education at all
levels can avoid fragmentation of policies, promote improved
teaching and learning, and continue to cultivate and
demonstrate strong accountability and efficiency. Establishing
an Illinois P-20 Council will develop a statewide agenda that
will move the State towards the common goals of improving
academic achievement, increasing college access and success,
improving use of existing data and measurements, developing
improved accountability, fostering innovative approaches to
education, promoting lifelong learning, easing the transition
to college, and reducing remediation. A pre-kindergarten

SB2902 - 281 - LRB098 16889 JWD 51964 b
through grade 20 agenda will strengthen this State's economic
competitiveness by producing a highly-skilled workforce. In
addition, lifelong learning plans will enhance this State's
ability to leverage funding.
(b) There is created the Illinois P-20 Council. The
Illinois P-20 Council shall include all of the following
members:
(1) The Governor or his or her designee, to serve as
chairperson.
(2) Four members of the General Assembly, one appointed
by the Speaker of the House of Representatives, one
appointed by the Minority Leader of the House of
Representatives, one appointed by the President of the
Senate, and one appointed by the Minority Leader of the
Senate.
(3) Six at-large members appointed by the Governor as
follows, with 2 members being from the City of Chicago, 2
members being from Lake County, McHenry County, Kane
County, DuPage County, Will County, or that part of Cook
County outside of the City of Chicago, and 2 members being
from the remainder of the State:
(A) one representative of civic leaders;
(B) one representative of local government;
(C) one representative of trade unions;
(D) one representative of nonprofit organizations
or foundations;

SB2902 - 282 - LRB098 16889 JWD 51964 b
(E) one representative of parents' organizations;
and
(F) one education research expert.
(4) Five members appointed by statewide business
organizations and business trade associations.
(5) Six members appointed by statewide professional
organizations and associations representing
pre-kindergarten through grade 20 teachers, community
college faculty, and public university faculty.
(6) Two members appointed by associations representing
local school administrators and school board members. One
of these members must be a special education administrator.
(7) One member representing community colleges,
appointed by the Illinois Council of Community College
Presidents.
(8) One member representing 4-year independent
colleges and universities, appointed by a statewide
organization representing private institutions of higher
learning.
(9) One member representing public 4-year
universities, appointed jointly by the university
presidents and chancellors.
(10) Ex-officio members as follows:
(A) The State Superintendent of Education or his or
her designee.
(B) The Executive Director of the Board of Higher

SB2902 - 283 - LRB098 16889 JWD 51964 b
Education or his or her designee.
(C) The President and Chief Executive Officer of
the Illinois Community College Board or his or her
designee.
(D) The Executive Director of the Illinois Student
Assistance Commission or his or her designee.
(E) The Co-chairpersons of the Illinois Workforce
Investment Board or their designee.
(F) The Director of Commerce and Economic
Opportunity or his or her designee.
(G) The Chairperson of the Illinois Early Learning
Council or his or her designee.
(H) The President of the Illinois Mathematics and
Science Academy or his or her designee.
(I) The president of an association representing
educators of adult learners or his or her designee.
(J) The Director of Workforce Development or his or
her designee.
Ex-officio members shall have no vote on the Illinois P-20
Council.
Appointed members shall serve for staggered terms expiring
on July 1 of the first, second, or third calendar year
following their appointments or until their successors are
appointed and have qualified. Staggered terms shall be
determined by lot at the organizing meeting of the Illinois
P-20 Council.

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Vacancies shall be filled in the same manner as original
appointments, and any member so appointed shall serve during
the remainder of the term for which the vacancy occurred.
(c) The Illinois P-20 Council shall be funded through State
appropriations to support staff activities, research,
data-collection, and dissemination. The Illinois P-20 Council
shall be staffed by the Office of the Governor, in coordination
with relevant State agencies, boards, and commissions. The
Illinois Education Research Council shall provide research and
coordinate research collection activities for the Illinois
P-20 Council.
(d) The Illinois P-20 Council shall have all of the
following duties:
(1) To make recommendations to do all of the following:
(A) Coordinate pre-kindergarten through grade 20
(graduate school) education in this State through
working at the intersections of educational systems to
promote collaborative infrastructure.
(B) Coordinate and leverage strategies, actions,
legislation, policies, and resources of all
stakeholders to support fundamental and lasting
improvement in this State's public schools, community
colleges, and universities.
(C) Better align the high school curriculum with
postsecondary expectations.
(D) Better align assessments across all levels of

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education.
(E) Reduce the need for students entering
institutions of higher education to take remedial
courses.
(F) Smooth the transition from high school to
college.
(G) Improve high school and college graduation
rates.
(H) Improve the rigor and relevance of academic
standards for college and workforce readiness.
(I) Better align college and university teaching
programs with the needs of Illinois schools.
(2) To advise the Governor, the General Assembly, the
State's education and higher education agencies, and the
State's workforce and economic development boards and
agencies on policies related to lifelong learning for
Illinois students and families.
(3) To articulate a framework for systemic educational
improvement and innovation that will enable every student
to meet or exceed Illinois learning standards and be
well-prepared to succeed in the workforce and community.
(4) To provide an estimated fiscal impact for
implementation of all Council recommendations.
(e) The chairperson of the Illinois P-20 Council may
authorize the creation of working groups focusing on areas of
interest to Illinois educational and workforce development,

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including without limitation the following areas:
(1) Preparation, recruitment, and certification of
highly qualified teachers.
(2) Mentoring and induction of highly qualified
teachers.
(3) The diversity of highly qualified teachers.
(4) Funding for highly qualified teachers, including
developing a strategic and collaborative plan to seek
federal and private grants to support initiatives
targeting teacher preparation and its impact on student
achievement.
(5) Highly effective administrators.
(6) Illinois birth through age 3 education,
pre-kindergarten, and early childhood education.
(7) The assessment, alignment, outreach, and network
of college and workforce readiness efforts.
(8) Alternative routes to college access.
(9) Research data and accountability.
(10) Community schools, community participation, and
other innovative approaches to education that foster
community partnerships.
The chairperson of the Illinois P-20 Council may designate
Council members to serve as working group chairpersons. Working
groups may invite organizations and individuals representing
pre-kindergarten through grade 20 interests to participate in
discussions, data collection, and dissemination.

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(Source: P.A. 98-463, eff. 8-16-13.)
Section 250. The Adult Education Act is amended by changing
Section 2-2 as follows:
(105 ILCS 405/2-2) (from Ch. 122, par. 202-2)
Sec. 2-2. Agreement with public or private agencies. The
State Board shall enter into agreements with public or private
welfare, educational, or other agencies, other than the public
common schools, competent to provide the education or training
defined in said Section, for the establishment of such special
classes by such agencies.
The Board shall establish the standards for such courses of
instruction and supervise the administration thereof. The
Board shall determine the cost of such instruction, including
therein such incidental costs of student transportation,
facilities, or provision for child care for students who are
parents, and other special needs of the students, as authorized
by Section 10-22.20 of the School Code.
The provisions of Section 10-22.20 of the School Code
respecting the reimbursement of the total cost of such
instruction or training by the Department of Workforce
Development Employment Security for students who may be
authorized under the Illinois Public Aid Code, approved April
11, 1967, shall be applicable to classes established under this
Act. Each agency entering into an agreement shall keep accurate

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and detailed accounts of students assigned to it and receiving
instruction in such special classes and submit claims for
reimbursement in the manner provided for school districts or
community college districts under said Section 10-22.20, and
claims for reimbursement shall be processed as therein
provided.
Any such agreement may be terminated by the Board when it
determines (1) that such classes are no longer necessary, or
(2) that the instruction or training established by an agency
fails to meet the established standards, or (3) that the
classes established by a school district or community college
district, within whose geographical limits the agency is
located, pursuant to Section 10-22.20 of the School Code, are
adequate for the purpose.
(Source: P.A. 91-830, eff. 7-1-00.)
Section 255. The Public Community College Act is amended by
changing Section 2-12 as follows:
(110 ILCS 805/2-12) (from Ch. 122, par. 102-12)
Sec. 2-12. The State Board shall have the power and it
shall be its duty:
(a) To provide statewide planning for community colleges as
institutions of higher education and co-ordinate the programs,
services and activities of all community colleges in the State
so as to encourage and establish a system of locally initiated

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and administered comprehensive community colleges.
(b) To organize and conduct feasibility surveys for new
community colleges or for the inclusion of existing
institutions as community colleges and the locating of new
institutions.
(c) To approve all locally funded capital projects for
which no State monies are required, in accordance with
standards established by rule.
(d) To cooperate with the community colleges in continuing
studies of student characteristics, admission standards,
grading policies, performance of transfer students,
qualification and certification of facilities and any other
problem of community college education.
(e) To enter into contracts with other governmental
agencies and eligible providers, such as local educational
agencies, community-based organizations of demonstrated
effectiveness, volunteer literacy organizations of
demonstrated effectiveness, institutions of higher education,
public and private nonprofit agencies, libraries, and public
housing authorities; to accept federal funds and to plan with
other State agencies when appropriate for the allocation of
such federal funds for instructional programs and student
services including such funds for adult education and adult
literacy, vocational and technical education, and retraining
as may be allocated by state and federal agencies for the aid
of community colleges. To receive, receipt for, hold in trust,

SB2902 - 290 - LRB098 16889 JWD 51964 b
expend and administer, for all purposes of this Act, funds and
other aid made available by the federal government or by other
agencies public or private, subject to appropriation by the
General Assembly. The changes to this subdivision (e) made by
this amendatory Act of the 91st General Assembly apply on and
after July 1, 2001.
(f) To determine efficient and adequate standards for
community colleges for the physical plant, heating, lighting,
ventilation, sanitation, safety, equipment and supplies,
instruction and teaching, curriculum, library, operation,
maintenance, administration and supervision, and to grant
recognition certificates to community colleges meeting such
standards.
(g) To determine the standards for establishment of
community colleges and the proper location of the site in
relation to existing institutions of higher education offering
academic, occupational and technical training curricula,
possible enrollment, assessed valuation, industrial, business,
agricultural, and other conditions reflecting educational
needs in the area to be served; however, no community college
may be considered as being recognized nor may the establishment
of any community college be authorized in any district which
shall be deemed inadequate for the maintenance, in accordance
with the desirable standards thus determined, of a community
college offering the basic subjects of general education and
suitable vocational and semiprofessional and technical

SB2902 - 291 - LRB098 16889 JWD 51964 b
curricula.
(h) To approve or disapprove new units of instruction,
research or public service as defined in Section 3-25.1 of this
Act submitted by the boards of trustees of the respective
community college districts of this State. The State Board may
discontinue programs which fail to reflect the educational
needs of the area being served. The community college district
shall be granted 60 days following the State Board staff
recommendation and prior to the State Board's action to respond
to concerns regarding the program in question. If the State
Board acts to abolish a community college program, the
community college district has a right to appeal the decision
in accordance with administrative rules promulgated by the
State Board under the provisions of the Illinois Administrative
Procedure Act.
(i) To participate in, to recommend approval or
disapproval, and to assist in the coordination of the programs
of community colleges participating in programs of
interinstitutional cooperation with other public or nonpublic
institutions of higher education. If the State Board does not
approve a particular cooperative agreement, the community
college district has a right to appeal the decision in
accordance with administrative rules promulgated by the State
Board under the provisions of the Illinois Administrative
Procedure Act.
(j) To establish guidelines regarding sabbatical leaves.

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(k) To establish guidelines for the admission into special,
appropriate programs conducted or created by community
colleges for elementary and secondary school dropouts who have
received truant status from the school districts of this State
in compliance with Section 26-14 of The School Code.
(l) The Community College Board shall conduct a study of
community college teacher education courses to determine how
the community college system can increase its participation in
the preparation of elementary and secondary teachers.
(m) To establish by July 1, 1997 uniform financial
accounting and reporting standards and principles for
community colleges and develop procedures and systems for
community colleges for reporting financial data to the State
Board.
(n) To create and participate in the conduct and operation
of any corporation, joint venture, partnership, association,
or other organizational entity that has the power: (i) to
acquire land, buildings, and other capital equipment for the
use and benefit of the community colleges or their students;
(ii) to accept gifts and make grants for the use and benefit of
the community colleges or their students; (iii) to aid in the
instruction and education of students of community colleges;
and (iv) to promote activities to acquaint members of the
community with the facilities of the various community
colleges.
(o) On and after July 1, 2001, to ensure the effective

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teaching of adults and to prepare them for success in
employment and lifelong learning by administering a network of
providers, programs, and services to provide adult basic
education, adult secondary/general education development,
English as a second language, and any other instruction
designed to prepare adult students to function successfully in
society and to experience success in postsecondary education
and the world of work.
(p) On and after July 1, 2001, to supervise the
administration of adult education and adult literacy programs,
to establish the standards for such courses of instruction and
supervise the administration thereof, to contract with other
State and local agencies and eligible providers, such as local
educational agencies, community-based organizations of
demonstrated effectiveness, volunteer literacy organizations
of demonstrated effectiveness, institutions of higher
education, public and private nonprofit agencies, libraries,
and public housing authorities, for the purpose of promoting
and establishing classes for instruction under these programs,
to contract with other State and local agencies to accept and
expend appropriations for educational purposes to reimburse
local eligible providers for the cost of these programs, and to
establish an advisory council consisting of all categories of
eligible providers; agency partners, such as the State Board of
Education, the Department of Human Services, the Department of
Workforce Development Employment Security, and the Secretary

SB2902 - 294 - LRB098 16889 JWD 51964 b
of State literacy program; and other stakeholders to identify,
deliberate, and make recommendations to the State Board on
adult education policy and priorities. The State Board shall
support statewide geographic distribution; diversity of
eligible providers; and the adequacy, stability, and
predictability of funding so as not to disrupt or diminish, but
rather to enhance, adult education by this change of
administration.
(Source: P.A. 94-1105, eff. 6-1-07.)
Section 260. The Children's Health Insurance Program Act is
amended by changing Section 7 as follows:
(215 ILCS 106/7)
Sec. 7. Eligibility verification. Notwithstanding any
other provision of this Act, with respect to applications for
benefits provided under the Program, eligibility shall be
determined in a manner that ensures program integrity and that
complies with federal law and regulations while minimizing
unnecessary barriers to enrollment. To this end, as soon as
practicable, and unless the Department receives written denial
from the federal government, this Section shall be implemented:
(a) The Department of Healthcare and Family Services or its
designees shall:
(1) By no later than July 1, 2011, require verification
of, at a minimum, one month's income from all sources

SB2902 - 295 - LRB098 16889 JWD 51964 b
required for determining the eligibility of applicants to
the Program. Such verification shall take the form of pay
stubs, business or income and expense records for
self-employed persons, letters from employers, and any
other valid documentation of income including data
obtained electronically by the Department or its designees
from other sources as described in subsection (b) of this
Section.
(2) By no later than October 1, 2011, require
verification of, at a minimum, one month's income from all
sources required for determining the continued eligibility
of recipients at their annual review of eligibility under
the Program. Such verification shall take the form of pay
stubs, business or income and expense records for
self-employed persons, letters from employers, and any
other valid documentation of income including data
obtained electronically by the Department or its designees
from other sources as described in subsection (b) of this
Section. The Department shall send a notice to the
recipient at least 60 days prior to the end of the period
of eligibility that informs them of the requirements for
continued eligibility. If a recipient does not fulfill the
requirements for continued eligibility by the deadline
established in the notice, a notice of cancellation shall
be issued to the recipient and coverage shall end on the
last day of the eligibility period. A recipient's

SB2902 - 296 - LRB098 16889 JWD 51964 b
eligibility may be reinstated without requiring a new
application if the recipient fulfills the requirements for
continued eligibility prior to the end of the month
following the last date of coverage. Nothing in this
Section shall prevent an individual whose coverage has been
cancelled from reapplying for health benefits at any time.
(3) By no later than July 1, 2011, require verification
of Illinois residency.
(b) The Department shall establish or continue cooperative
arrangements with the Social Security Administration, the
Illinois Secretary of State, the Department of Human Services,
the Department of Revenue, the Department of Workforce
Development Employment Security, and any other appropriate
entity to gain electronic access, to the extent allowed by law,
to information available to those entities that may be
appropriate for electronically verifying any factor of
eligibility for benefits under the Program. Data relevant to
eligibility shall be provided for no other purpose than to
verify the eligibility of new applicants or current recipients
of health benefits under the Program. Data will be requested or
provided for any new applicant or current recipient only
insofar as that individual's circumstances are relevant to that
individual's or another individual's eligibility.
(c) Within 90 days of the effective date of this amendatory
Act of the 96th General Assembly, the Department of Healthcare
and Family Services shall send notice to current recipients

SB2902 - 297 - LRB098 16889 JWD 51964 b
informing them of the changes regarding their eligibility
verification.
(Source: P.A. 96-1501, eff. 1-25-11.)
Section 265. The Covering ALL KIDS Health Insurance Act is
amended by changing Section 7 as follows:
(215 ILCS 170/7)
(Section scheduled to be repealed on July 1, 2016)
Sec. 7. Eligibility verification. Notwithstanding any
other provision of this Act, with respect to applications for
benefits provided under the Program, eligibility shall be
determined in a manner that ensures program integrity and that
complies with federal law and regulations while minimizing
unnecessary barriers to enrollment. To this end, as soon as
practicable, and unless the Department receives written denial
from the federal government, this Section shall be implemented:
(a) The Department of Healthcare and Family Services or its
designees shall:
(1) By July 1, 2011, require verification of, at a
minimum, one month's income from all sources required for
determining the eligibility of applicants to the Program.
Such verification shall take the form of pay stubs,
business or income and expense records for self-employed
persons, letters from employers, and any other valid
documentation of income including data obtained

SB2902 - 298 - LRB098 16889 JWD 51964 b
electronically by the Department or its designees from
other sources as described in subsection (b) of this
Section.
(2) By October 1, 2011, require verification of, at a
minimum, one month's income from all sources required for
determining the continued eligibility of recipients at
their annual review of eligibility under the Program. Such
verification shall take the form of pay stubs, business or
income and expense records for self-employed persons,
letters from employers, and any other valid documentation
of income including data obtained electronically by the
Department or its designees from other sources as described
in subsection (b) of this Section. The Department shall
send a notice to recipients at least 60 days prior to the
end of their period of eligibility that informs them of the
requirements for continued eligibility. If a recipient
does not fulfill the requirements for continued
eligibility by the deadline established in the notice, a
notice of cancellation shall be issued to the recipient and
coverage shall end on the last day of the eligibility
period. A recipient's eligibility may be reinstated
without requiring a new application if the recipient
fulfills the requirements for continued eligibility prior
to the end of the month following the last date of
coverage. Nothing in this Section shall prevent an
individual whose coverage has been cancelled from

SB2902 - 299 - LRB098 16889 JWD 51964 b
reapplying for health benefits at any time.
(3) By July 1, 2011, require verification of Illinois
residency.
(b) The Department shall establish or continue cooperative
arrangements with the Social Security Administration, the
Illinois Secretary of State, the Department of Human Services,
the Department of Revenue, the Department of Workforce
Development Employment Security, and any other appropriate
entity to gain electronic access, to the extent allowed by law,
to information available to those entities that may be
appropriate for electronically verifying any factor of
eligibility for benefits under the Program. Data relevant to
eligibility shall be provided for no other purpose than to
verify the eligibility of new applicants or current recipients
of health benefits under the Program. Data will be requested or
provided for any new applicant or current recipient only
insofar as that individual's circumstances are relevant to that
individual's or another individual's eligibility.
(c) Within 90 days of the effective date of this amendatory
Act of the 96th General Assembly, the Department of Healthcare
and Family Services shall send notice to current recipients
informing them of the changes regarding their eligibility
verification.
(Source: P.A. 96-1501, eff. 1-25-11.)
Section 270. The Illinois Public Aid Code is amended by

SB2902 - 300 - LRB098 16889 JWD 51964 b
changing Sections 5-11a, 9A-3, 10-11.1, 10-15, 11-5.1, 11-5.2,
and 11-20 as follows:
(305 ILCS 5/5-11a)
Sec. 5-11a. Health Benefit Information Systems.
(a) It is the intent of the General Assembly to support
unified electronic systems initiatives that will improve
management of information related to medical assistance
programs. This will include improved management capabilities
and new systems for Eligibility, Verification, and Enrollment
(EVE) that will simplify and increase efficiencies in and
access to the medical assistance programs and ensure program
integrity. The Department of Healthcare and Family Services, in
coordination with the Department of Human Services and other
appropriate state agencies, shall develop a plan by July 1,
2011, that will:
(1) Subject to federal and State privacy and
confidentiality laws and regulations, meet standards for
timely eligibility verification and enrollment, and annual
redetermination of eligibility, of applicants for and
recipients of means-tested health benefits sponsored by
the State, including medical assistance under this Code.
(2) Receive and update data electronically from the
Social Security Administration, the U.S. Postal Service,
the Illinois Secretary of State, the Department of Revenue,
the Department of Workforce Development Employment

SB2902 - 301 - LRB098 16889 JWD 51964 b
Security, and other governmental entities, as appropriate
and to the extent allowed by law, for verification of any
factor of eligibility for medical assistance and for
updating addresses of applicants and recipients of medical
assistance and other health benefit programs administered
by the Department. Data relevant to eligibility shall be
provided for no other purpose than to verify the
eligibility of new applicants or current recipients of
health benefits provided by the State. Data shall be
requested or provided for any individual only insofar as
that new applicant or current recipient's circumstances
are relevant to that individual's or another individual's
eligibility for State-sponsored health benefits.
(3) Meet federal requirements for timely installation
by January 1, 2014 to provide integration with a Health
Benefits Exchange pursuant to the requirements of the
federal Affordable Care Act and the Reconciliation Act and
any subsequent amendments thereto and to ensure capture of
the maximum available federal financial participation
(FFP).
(4) Meet federal requirements for compliance with
architectural standards, including, but not limited to,
(i) the use of a module development as outlined by the
Medicaid Information Technology Architecture standards,
(ii) the use of federally approved open-interfaces where
they exist, (iii) the use or the creation of

SB2902 - 302 - LRB098 16889 JWD 51964 b
open-interfaces where necessary, and (iv) the use of rules
technology that can dynamically accept and modify rules in
standard formats.
(5) Include plans to ensure coordination with the State
of Illinois Framework Project that will (i) expedite and
simplify access to services provided by Illinois human
services programs; (ii) streamline administration and data
sharing; (iii) enhance planning capacity, program
evaluation, and fraud detection or prevention with access
to cross-agency data; and (iv) simplify service reporting
for contracted providers.
(b) The Department of Healthcare and Family Services shall
continue to plan for and implement a new Medicaid Management
Information System (MMIS) and upgrade the capabilities of the
MMIS data warehouse. Upgrades shall include, among other
things, enhanced capabilities in data analysis including the
ability to identify risk factors that could impact the
treatment and resulting quality of care, and tools that perform
predictive analytics on data applying to newborns, women with
high risk pregnancies, and other populations served by the
Department.
(c) The Department of Healthcare and Family Services shall
report in its annual Medical Assistance program report each
April through April, 2015 on the progress and implementation of
this plan.
(Source: P.A. 96-1501, eff. 1-25-11.)

SB2902 - 303 - LRB098 16889 JWD 51964 b
(305 ILCS 5/9A-3) (from Ch. 23, par. 9A-3)
Sec. 9A-3. Establishment of Program and Level of Services.
(a) The Illinois Department shall establish and maintain a
program to provide recipients with services consistent with the
purposes and provisions of this Article. The program offered in
different counties of the State may vary depending on the
resources available to the State to provide a program under
this Article, and no program may be offered in some counties,
depending on the resources available. Services may be provided
directly by the Illinois Department or through contract.
References to the Illinois Department or staff of the Illinois
Department shall include contractors when the Illinois
Department has entered into contracts for these purposes. The
Illinois Department shall provide each recipient who
participates with such services available under the program as
are necessary to achieve his employability plan as specified in
the plan.
(b) The Illinois Department, in operating the program,
shall cooperate with public and private education and
vocational training or retraining agencies or facilities, the
Illinois State Board of Education, the Illinois Community
College Board, the Departments of Workforce Development
Employment Security and Commerce and Economic Opportunity or
other sponsoring organizations funded under the federal
Workforce Investment Act and other public or licensed private

SB2902 - 304 - LRB098 16889 JWD 51964 b
employment agencies.
(Source: P.A. 93-598, eff. 8-26-03; 94-793, eff. 5-19-06.)
(305 ILCS 5/10-11.1) (from Ch. 23, par. 10-11.1)
Sec. 10-11.1. (a) Whenever it is determined in a proceeding
under Sections 10-6, 10-7, 10-11 or 10-17.1 that the
responsible relative is unemployed, and support is sought on
behalf of applicants for or recipients of financial aid under
Article IV of this Code or other persons who are given access
to the child support enforcement services of this Article as
provided in Section 10-1, the administrative enforcement unit
may order the responsible relative to report to the Illinois
Department for participation in job search, training or work
programs established under Section 9-6 and Article IXA of this
Code or to the Illinois Department of Workforce Development
Employment Security for job search services or to make
application with the local Job Training Partnership Act
provider for participation in job search, training or work
programs.
(b) Whenever it is determined that a responsible relative
owes past-due support for a child under an administrative
support order entered under subsection (b) of Section 10-7 or
under Section 10-11 or 10-17.1 and the child is receiving
assistance under this Code, the administrative enforcement
unit shall order the following:
(1) that the responsible relative pay the past-due

SB2902 - 305 - LRB098 16889 JWD 51964 b
support in accordance with a plan approved by the
administrative enforcement unit; or
(2) if the responsible relative owing past-due support
is unemployed, is subject to such a plan, and is not
incapacitated, that the responsible relative participate
in job search, training, or work programs established under
Section 9-6 and Article IXA of this Code.
(Source: P.A. 92-16, eff. 6-28-01; 92-590, eff. 7-1-02.)
(305 ILCS 5/10-15) (from Ch. 23, par. 10-15)
Sec. 10-15. Enforcement of administrative order; costs and
fees. If a responsible relative refuses, neglects, or fails to
comply with a final administrative support or reimbursement
order of the Illinois Department entered by the Child and
Spouse Support Unit pursuant to Sections 10-11 or 10-11.1 or
registered pursuant to Section 10-17.1, the Child and Spouse
Support Unit may file suit against the responsible relative or
relatives to secure compliance with the administrative order.
Suits shall be instituted in the name of the People of the
State of Illinois on the relation of the Department of
Healthcare and Family Services of the State of Illinois and the
spouse or dependent children for whom the support order has
been issued.
The court shall order the payment of the support
obligation, or orders for reimbursement of moneys for support
provided, directly to the Illinois Department but the order

SB2902 - 306 - LRB098 16889 JWD 51964 b
shall permit the Illinois Department to direct the responsible
relative or relatives to make payments of support directly to
the spouse or dependent children, or to some person or agency
in his or their behalf, as provided in Section 10-8 or 10-10,
as applicable.
Whenever it is determined in a proceeding to enforce an
administrative order that the responsible relative is
unemployed, and support is sought on behalf of applicants for
or recipients of financial aid under Article IV of this Code or
other persons who are given access to the child support
enforcement services of this Article as provided in Section
10-1, the court may order the responsible relative to seek
employment and report periodically to the court with a diary,
listing or other memorandum of his or her efforts in accordance
with such order. In addition, the court may order the
unemployed responsible relative to report to the Illinois
Department for participation in job search, training or work
programs established under Section 9-6 of this Code or to the
Illinois Department of Workforce Development Employment
Security for job search services or to make application with
the local Job Training Partnership Act provider for
participation in job search, training or work programs.
Charges imposed in accordance with the provisions of
Section 10-21 shall be enforced by the Court in a suit filed
under this Section.
To the extent the provisions of this Section are

SB2902 - 307 - LRB098 16889 JWD 51964 b
inconsistent with the requirements pertaining to the State
Disbursement Unit under Sections 10-10.4 and 10-26 of this
Code, the requirements pertaining to the State Disbursement
Unit shall apply.
(Source: P.A. 95-331, eff. 8-21-07.)
(305 ILCS 5/11-5.1)
Sec. 11-5.1. Eligibility verification. Notwithstanding any
other provision of this Code, with respect to applications for
medical assistance provided under Article V of this Code,
eligibility shall be determined in a manner that ensures
program integrity and complies with federal laws and
regulations while minimizing unnecessary barriers to
enrollment. To this end, as soon as practicable, and unless the
Department receives written denial from the federal
government, this Section shall be implemented:
(a) The Department of Healthcare and Family Services or its
designees shall:
(1) By no later than July 1, 2011, require verification
of, at a minimum, one month's income from all sources
required for determining the eligibility of applicants for
medical assistance under this Code. Such verification
shall take the form of pay stubs, business or income and
expense records for self-employed persons, letters from
employers, and any other valid documentation of income
including data obtained electronically by the Department

SB2902 - 308 - LRB098 16889 JWD 51964 b
or its designees from other sources as described in
subsection (b) of this Section.
(2) By no later than October 1, 2011, require
verification of, at a minimum, one month's income from all
sources required for determining the continued eligibility
of recipients at their annual review of eligibility for
medical assistance under this Code. Such verification
shall take the form of pay stubs, business or income and
expense records for self-employed persons, letters from
employers, and any other valid documentation of income
including data obtained electronically by the Department
or its designees from other sources as described in
subsection (b) of this Section. The Department shall send a
notice to recipients at least 60 days prior to the end of
their period of eligibility that informs them of the
requirements for continued eligibility. If a recipient
does not fulfill the requirements for continued
eligibility by the deadline established in the notice a
notice of cancellation shall be issued to the recipient and
coverage shall end on the last day of the eligibility
period. A recipient's eligibility may be reinstated
without requiring a new application if the recipient
fulfills the requirements for continued eligibility prior
to the end of the month following the last date of
coverage. Nothing in this Section shall prevent an
individual whose coverage has been cancelled from

SB2902 - 309 - LRB098 16889 JWD 51964 b
reapplying for health benefits at any time.
(3) By no later than July 1, 2011, require verification
of Illinois residency.
(b) The Department shall establish or continue cooperative
arrangements with the Social Security Administration, the
Illinois Secretary of State, the Department of Human Services,
the Department of Revenue, the Department of Workforce
Development Employment Security, and any other appropriate
entity to gain electronic access, to the extent allowed by law,
to information available to those entities that may be
appropriate for electronically verifying any factor of
eligibility for benefits under the Program. Data relevant to
eligibility shall be provided for no other purpose than to
verify the eligibility of new applicants or current recipients
of health benefits under the Program. Data shall be requested
or provided for any new applicant or current recipient only
insofar as that individual's circumstances are relevant to that
individual's or another individual's eligibility.
(c) Within 90 days of the effective date of this amendatory
Act of the 96th General Assembly, the Department of Healthcare
and Family Services shall send notice to current recipients
informing them of the changes regarding their eligibility
verification.
(Source: P.A. 96-1501, eff. 1-25-11.)
(305 ILCS 5/11-5.2)

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Sec. 11-5.2. Income, Residency, and Identity Verification
System.
(a) The Department shall ensure that its proposed
integrated eligibility system shall include the computerized
functions of income, residency, and identity eligibility
verification to verify eligibility, eliminate duplication of
medical assistance, and deter fraud. Until the integrated
eligibility system is operational, the Department may enter
into a contract with the vendor selected pursuant to Section
11-5.3 as necessary to obtain the electronic data matching
described in this Section. This contract shall be exempt from
the Illinois Procurement Code pursuant to subsection (h) of
Section 1-10 of that Code.
(b) Prior to awarding medical assistance at application
under Article V of this Code, the Department shall, to the
extent such databases are available to the Department, conduct
data matches using the name, date of birth, address, and Social
Security Number of each applicant or recipient or responsible
relative of an applicant or recipient against the following:
(1) Income tax information.
(2) Employer reports of income and unemployment
insurance payment information maintained by the Department
of Workforce Development Employment Security.
(3) Earned and unearned income, citizenship and death,
and other relevant information maintained by the Social
Security Administration.

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(4) Immigration status information maintained by the
United States Citizenship and Immigration Services.
(5) Wage reporting and similar information maintained
by states contiguous to this State.
(6) Employment information maintained by the
Department of Workforce Development Employment Security in
its New Hire Directory database.
(7) Employment information maintained by the United
States Department of Health and Human Services in its
National Directory of New Hires database.
(8) Veterans' benefits information maintained by the
United States Department of Health and Human Services, in
coordination with the Department of Health and Human
Services and the Department of Veterans' Affairs, in the
federal Public Assistance Reporting Information System
(PARIS) database.
(9) Residency information maintained by the Illinois
Secretary of State.
(10) A database which is substantially similar to or a
successor of a database described in this Section that
contains information relevant for verifying eligibility
for medical assistance.
(c) (Blank).
(d) If a discrepancy results between information provided
by an applicant, recipient, or responsible relative and
information contained in one or more of the databases or

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information tools listed under subsection (b) or (c) of this
Section or subsection (c) of Section 11-5.3 and that
discrepancy calls into question the accuracy of information
relevant to a condition of eligibility provided by the
applicant, recipient, or responsible relative, the Department
or its contractor shall review the applicant's or recipient's
case using the following procedures:
(1) If the information discovered under subsection (b)
(c) of this Section or subsection (c) of Section 11-5.3
does not result in the Department finding the applicant or
recipient ineligible for assistance under Article V of this
Code, the Department shall finalize the determination or
redetermination of eligibility.
(2) If the information discovered results in the
Department finding the applicant or recipient ineligible
for assistance, the Department shall provide notice as set
forth in Section 11-7 of this Article.
(3) If the information discovered is insufficient to
determine that the applicant or recipient is eligible or
ineligible, the Department shall provide written notice to
the applicant or recipient which shall describe in
sufficient detail the circumstances of the discrepancy,
the information or documentation required, the manner in
which the applicant or recipient may respond, and the
consequences of failing to take action. The applicant or
recipient shall have 10 business days to respond.

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(4) If the applicant or recipient does not respond to
the notice, the Department shall deny assistance for
failure to cooperate, in which case the Department shall
provide notice as set forth in Section 11-7. Eligibility
for assistance shall not be established until the
discrepancy has been resolved.
(5) If an applicant or recipient responds to the
notice, the Department shall determine the effect of the
information or documentation provided on the applicant's
or recipient's case and shall take appropriate action.
Written notice of the Department's action shall be provided
as set forth in Section 11-7 of this Article.
(6) Suspected cases of fraud shall be referred to the
Department's Inspector General.
(e) The Department shall adopt any rules necessary to
implement this Section.
(Source: P.A. 97-689, eff. 6-14-12; revised 11-12-13.)
(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

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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 Workforce
Development Employment Security under the Public Employment
Office Act and shall 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 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".

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(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
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

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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
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.)
Section 275. The Veterans' Employment Act is amended by
changing Section 5 as follows:
(330 ILCS 25/5) (from Ch. 126 1/2, par. 205)
Sec. 5. Service centers.
(a) The Director shall designate multipurpose service
centers for veterans operated by community nonprofit agencies
or organizations. To the greatest extent possible, the Director
shall rely on such agencies or organizations whose major
emphasis has been to provide social services.
(b) The Director shall search for such nonprofit agencies
or organizations to carry out the programs created under this
Act.
(c) The Director shall designate the agencies or

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organizations to carry out such programs.
(d) Subject to appropriation, the Director shall begin to
provide the necessary funds to the nonprofit agencies or
organizations to set up and begin the operation of the
multipurpose service centers. Thereafter the Director shall
provide the funds appropriated for grants to the centers as the
costs of the centers are incurred.
(e) The Director shall, with the advice of the staff of the
centers, promulgate rules and regulations to implement this
Act. Such rules and regulations shall include eligibility of
persons for job training programs, the level of stipends for
the job training programs, and a sliding fee scale for the
service programs.
(f) In performing his duties pursuant to this Act, the
Director shall consult and cooperate with such State agencies
as may be appropriate, including but not limited to the
Department of Workforce Development Employment Security and
the Department of Veterans' Affairs to ensure that there is no
duplication of services.
(Source: P.A. 94-99, eff. 1-1-06.)
Section 280. The Veterans' Employment Representative Act
is amended by changing Section 1 as follows:
(330 ILCS 50/1) (from Ch. 48, par. 186a)
Sec. 1. Veteran services; representative. The Department

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of Workforce Development Employment Security shall assign at
least one full time Veterans' Employment Representative,
defined by title and classification under the Personnel Code of
Illinois, to each full service office of the employment
service, to work exclusively in job counseling, training, and
placement of veterans. Preference for these positions shall be
given to qualified persons who have been members of the armed
forces of the United States in times of hostilities with a
foreign country. Any candidate for these positions shall be
deemed to have met and satisfied examination admission
requirements if the candidate served in the armed forces during
times of hostilities with a foreign country and was honorably
discharged therefrom due to a combat-related disability. The
holder of such a position shall be administratively responsible
to the local office manager, and his or her first line
responsibility is functional supervision of all local office
services to veterans. He or she may also be delegated line
supervision of veteran units, assistant local veterans'
employment representative, or veteran aid. Individualized
veterans' services such as application taking, counseling, job
referral, or training will continue to be provided to veterans
on a priority basis by all local office staff.
(Source: P.A. 98-107, eff. 7-23-13.)
Section 285. The Developmental Disability and Mental
Disability Services Act is amended by changing Section 10-5 as

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follows:
(405 ILCS 80/10-5)
Sec. 10-5. Task force created. A workforce task force for
persons with disabilities is created, consisting of 16 members.
The task force shall consist of the following members:
(1) Two members of the Senate, appointed one each by
the President of the Senate and the Minority Leader of the
Senate.
(2) Two members of the House of Representatives,
appointed one each by the Speaker of the House of
Representatives and the Minority Leader of the House of
Representatives.
(3) Three members appointed by the Secretary of Human
Services or his or her designee, one each representing the
Office of Developmental Disabilities, the Office of
Rehabilitation Services, and the Office of Mental Health
within the Department.
(4) One member representing the Illinois Council on
Developmental Disabilities, selected by the Council.
(5) One member appointed by the Director of Aging or
his or her designee.
(6) One member appointed by the Director of Workforce
Development Employment Security or his or her designee.
(7) One member appointed by the Director of Commerce
and Economic Opportunity or his or her designee.

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(8) Two members representing private businesses, one
of the 2 representing the Business Leaders Network,
appointed by the Secretary of Human Services.
(9) One member representing the Illinois Network of
Centers for Independent Living, selected by the Network.
(10) One member representing the Coalition of Citizens
with Disabilities in Illinois, selected by the Coalition.
(11) One member representing People First of Illinois,
selected by that organization.
(Source: P.A. 94-793, eff. 5-19-06.)
Section 290. The Illinois Veteran, Youth, and Young Adult
Conservation Jobs Act is amended by changing Sections 5, 7,
7.5, 8, and 9 as follows:
(525 ILCS 50/5) (from Ch. 48, par. 2555)
Sec. 5. Cooperation. The Department of Natural Resources
shall have the full cooperation of the Illinois Department of
Veterans' Affairs, the Department of Commerce and Economic
Opportunity, the Illinois State Job Coordinating Council
created by the Federal Job Training Partnership Act (Public Law
97-300), and the Department of Workforce Development
Employment Security to carry out the purposes of this Act.
(Source: P.A. 97-738, eff. 7-5-12; 98-463, eff. 8-16-13.)
(525 ILCS 50/7) (from Ch. 48, par. 2557)

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Sec. 7. Illinois Young Adult Conservation Corps. With
respect to the Illinois Young Adult Conservation Corps program:
(a) Enrollment. The Illinois Young Adult Conservation
Corps shall be limited to citizens of this State who at the
time of enrollment are 18 through 25 years of age inclusive and
who are unemployed.
The Department shall make public notification of the
availability of jobs for young adults in the Illinois Young
Adult Conservation Corps by the means of newspapers, electronic
media, educational facilities, units of local government and
the Department of Workforce Development Employment Security
offices.
The Department shall promulgate reasonable rules
pertaining to application for jobs with the Illinois Young
Adult Conservation Corps.
Any applicant who knowingly and purposely provides
wrongful information regarding age, employment or educational
records shall be deemed ineligible to participate in the
program. Any applicant who successfully gains employment in the
program and is later proven to have falsified his or her
application shall be dismissed immediately from the program.
(b) Terms of Employment. Once enrolled in the Illinois
Young Adult Conservation Corps, each enrollee shall receive at
least the standard minimum wage as set by the State of Illinois
and shall work normal working hours as determined by the
Department. The enrollees shall not be classified as employees

SB2902 - 322 - LRB098 16889 JWD 51964 b
of the State for purposes of contributions to the State
Employees' Retirement System of Illinois or any other public
employment retirement system of the State.
(c) Permissible Activities. The Director shall designate
suitable projects in which enrollees of the program shall
participate. No project designated for enrollee participation
shall result in the displacement of individuals currently
employed or positions currently existing, either directly or
under contract with any private contractor, by the Department
through the reduction of overtime or nonovertime hours, wages
or employment benefits.
Projects so designated by the Director shall be for the
purpose of enhancing public lands owned or leased by the
Department or developing and enhancing projects or initiatives
undertaken in whole or part by the Department. Such projects
shall include improving the habitat of fauna and flora;
improving utilization of conservation or recreation facilities
and lands by the public; improving water quality; and any other
project deemed by the Department to improve the environmental,
economic and recreational quality of the State owned or leased
lands.
All projects designated for activity by the Director shall
be within a reasonable commuting time for each enrollee. To the
extent possible, the Director shall designate areas where a
pool of enrollees may work. In no circumstance shall enrollees
be required to spend more than 1 1/2 hours of commuting time to

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a project or a designated area; provided, an enrollee may agree
to spend more than 1 1/2 hours of commuting time to a project
or a designated area.
(Source: P.A. 97-738, eff. 7-5-12.)
(525 ILCS 50/7.5)
Sec. 7.5. Illinois Veteran Conservation Corps. With
respect to the Illinois Veteran Conservation Corps program:
(a) Enrollment. The Illinois Veteran Conservation Corps
shall be limited to citizens of this State who at the time of
enrollment are veterans who are unemployed. Preference may be
given to veterans with a disability.
The Department shall make public notification of the
availability of jobs for eligible veterans in the Illinois
Veteran Conservation Corps by the means of newspapers,
electronic media, educational facilities, units of local
government, and the Department of Workforce Development
Employment Security offices.
The Department shall adopt reasonable rules pertaining to
application for jobs with the Illinois Veteran Conservation
Corps.
Any applicant who knowingly and purposely provides
wrongful information regarding employment or veteran status
shall be deemed ineligible to participate in the program. Any
applicant who successfully gains employment in the program and
is later proven to have falsified his or her application shall

SB2902 - 324 - LRB098 16889 JWD 51964 b
be dismissed immediately from the program.
(b) Terms of employment. Once enrolled in the Illinois
Veteran Conservation Corps, each enrollee shall receive at
least the standard minimum wage as set by the State and shall
work normal working hours as determined by the Department. The
enrollees shall not be classified as employees of the State for
purposes of contributions to the State Employees' Retirement
System of Illinois or any other public employment retirement
system of the State.
(c) Permissible activities. The Director shall designate
suitable projects in which enrollees of the program shall
participate. No project designated for enrollee participation
shall result in the displacement of individuals currently
employed or positions currently existing, either directly or
under contract with any private contractor, by the Department,
or unit of local government through the reduction of overtime
or non-overtime hours, wages, or employment benefits.
Projects so designated by the Director shall be for the
purpose of enhancing public lands owned or leased by the
Department or developing and enhancing projects or initiatives
undertaken in whole or part by the Department. Such projects
shall include improving the habitat of fauna and flora;
improving utilization of conservation or recreation facilities
and lands by the public; improving water quality; and any other
project deemed by the Department to improve the environmental,
economic, and recreational quality of the State owned or leased

SB2902 - 325 - LRB098 16889 JWD 51964 b
lands.
All projects designated for activity by the Director shall
be within a reasonable commuting time for each enrollee. To the
extent possible, the Director shall designate areas where a
pool of enrollees may work. In no circumstance shall enrollees
be required to spend more than 1 1/2 hours of commuting time to
a project or a designated area; provided, an enrollee may agree
to spend more than 1 1/2 hours of commuting time to a project
or a designated area.
(Source: P.A. 97-738, eff. 7-5-12.)
(525 ILCS 50/8) (from Ch. 48, par. 2558)
Sec. 8. Illinois Youth Recreation Corps. With respect to
the Illinois Youth Recreation Corps:
(a) Purpose. The Illinois Youth Recreation Corps is
established for the purpose of making grants to local sponsors
to provide wages to youth operating and instructing in
conservation or recreational programs. Such programs shall
provide conservation or recreational opportunities and shall
include, but are not limited to, the coordination and teaching
of natural resource conservation and management, physical
activities, or learning activities directly related to natural
resource conservation management or recreation. Such programs
may charge user fees, but such fees shall be designed to
promote as much community involvement as possible, as
determined by the Department.

SB2902 - 326 - LRB098 16889 JWD 51964 b
(b) Application. Local sponsors who can provide necessary
facilities, materials and management for summer conservation
or recreational activities within the community and who desire
a grant under this Act for the purpose of hiring managing
supervisors as necessary and eligible youth for such
conservation or recreational programs may make application to
the Department of Natural Resources. Applications shall be
evaluated on the basis of program content, location, need,
local commitment of resources, and consistency with the
purposes of this Act.
(c) Enrollment. The Illinois Youth Recreation Corps shall
be limited to citizens of this State who at the time of
enrollment are 14 through 18 years of age inclusive and who
have skills that can be utilized in the summer conservation or
recreational program. The ratio of youth employee enrollees to
a managing supervisor must not be less than 10 to 1 for any
local sponsor with a total number of youth employee enrollees
of 10 or more. Any local sponsor program with a total number of
youth employee enrollees of less than 10 must be limited to one
managing supervisor.
The local sponsors shall make public notification of the
availability of jobs for eligible youth in the Illinois Youth
Recreation Corps by the means of newspapers, electronic media,
educational facilities, units of local government and
Department of Workforce Development Employment Security
offices. Application for employment shall be made directly to

SB2902 - 327 - LRB098 16889 JWD 51964 b
the local sponsor.
The Department shall adopt reasonable rules pertaining to
the administration of the Illinois Youth Recreation Corps.
(d) Terms of Employment. The enrollment period for any
successful applicant of the program shall not be longer than 60
working days during the months of June, July and August. Once
enrolled in the program, each enrollee shall receive a
reasonable wage as set by the Department and shall work hours
as required by the conservation or recreation program but not
in excess of a maximum number of hours as determined by the
Department, except that an enrollee working as a managing
supervisor shall receive a higher wage than an enrollee working
in any other capacity on the conservation or recreation
program. Enrollees shall be employees of the local sponsor and
not contractual hires for the purpose of employment taxes,
except that enrollees shall not be classified as employees of
the State or the local sponsor for purposes of contributions to
the State Employees' Retirement System of Illinois or any other
public employee retirement system.
(Source: P.A. 97-738, eff. 7-5-12.)
(525 ILCS 50/9)
Sec. 9. Illinois Veteran Recreation Corps. With respect to
the Illinois Veteran Recreation Corps:
(a) Purpose. The Illinois Veteran Recreation Corps is
established for the purpose of making grants to local sponsors

SB2902 - 328 - LRB098 16889 JWD 51964 b
to provide wages to veterans of any age operating and
instructing in conservation or recreational programs. Such
programs shall provide conservation or recreational
opportunities and shall include, but are not limited to, the
coordination and teaching of natural resource conservation and
management, physical activities, or learning activities
directly related to natural resource conservation management
or recreation. Such programs may charge user fees, but such
fees shall be designed to promote as much community involvement
as possible, as determined by the Department.
(b) Application. Local sponsors who can provide necessary
facilities, materials, and management for summer conservation
or recreational activities within the community and who desire
a grant under this Act for the purpose of hiring managing
supervisors as necessary and eligible veterans for such
conservation or recreational programs may make application to
the Department. Applications shall be evaluated on the basis of
program content, location, need, local commitment of
resources, and consistency with the purposes of this Act.
(c) Enrollment. The Illinois Veteran Recreation Corps
shall be limited to citizens of this State who at the time of
enrollment are veterans of any age and are unemployed and who
have skills that can be utilized in the summer conservation or
recreational program. Preference may be given to veterans with
a disability.
The ratio of veterans employee enrollees to a managing

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supervisor must not be less than 10 to 1 for any local sponsor
with a total number of veterans employee enrollees of 10 or
more. Any local sponsor program with a total number of veteran
employee enrollees of less than 10 must be limited to one
managing supervisor. Veterans who are unemployed shall be given
preference for employment as managing supervisors.
The local sponsors shall make public notification of the
availability of jobs for eligible veterans in the Illinois
Veteran Recreation Corps by the means of newspapers, electronic
media, educational facilities, units of local government, and
Department of Workforce Development Employment Security
offices. Application for employment shall be made directly to
the local sponsor.
The Department shall adopt reasonable rules pertaining to
the administration of the Illinois Veteran Recreation Corps.
(d) Terms of employment. The enrollment period for any
successful applicant of the program shall not be longer than 6
total months. Once enrolled in the program, each enrollee shall
receive a reasonable wage as set by the Department and shall
work hours as required by the conservation or recreation
program but not in excess of a maximum number of hours as
determined by the Department, except that an enrollee working
as a managing supervisor shall receive a higher wage than an
enrollee working in any other capacity on the conservation or
recreation program. Enrollees shall be employees of the local
sponsor and not contractual hires for the purpose of employment

SB2902 - 330 - LRB098 16889 JWD 51964 b
taxes, except that enrollees shall not be classified as
employees of the State or the local sponsor for purposes of
contributions to the State Employees' Retirement System of
Illinois or any other public employee retirement system.
(Source: P.A. 97-738, eff. 7-5-12; 98-463, eff. 8-16-13.)
Section 295. The Jury Act is amended by changing Section
1a-1 as follows:
(705 ILCS 305/1a-1)
Sec. 1a-1. List of claimants for unemployment insurance.
The Director of the Department of Workforce Development
Employment Security shall annually compile a list of persons
age 18 or older, who, in the prior 12 months, filed a claim for
unemployment insurance and shall furnish this list to the
Administrative Office of the Illinois Courts and the
Administrative Office of the Illinois Courts shall furnish that
list to the county board of each county, except those counties
which have jury commissions as provided in the Jury Commission
Act, for use in the preparation of jury lists as provided in
Section 1 of this Act. The list shall be in the format
currently prescribed by the Administrative Office of the
Illinois Courts and shall be provided subject to federal
regulations.
(Source: P.A. 97-34, eff. 1-1-12.)

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Section 300. The Jury Commission Act is amended by changing
Section 2 as follows:
(705 ILCS 310/2) (from Ch. 78, par. 25)
Sec. 2. In a county with a population of at least 3,000,000
in which a jury administrator or jury commissioners have been
appointed, the jury administrator or commissioners, upon
entering upon the duties of their office, and every 4 years
thereafter, shall prepare a list of all legal voters and all
Illinois driver's license, Illinois Identification Card, and
Illinois Person with a Disability Identification Card holders,
and claimants for unemployment insurance of each town or
precinct of the county possessing the necessary legal
qualifications for jury duty, to be known as the jury list. In
a county with a population of less than 3,000,000 in which a
jury administrator or jury commissioners have been appointed,
the jury administrator or jury commissioners upon entering upon
the duties of their office, and each year thereafter, shall
prepare a list of all Illinois driver's license, Illinois
Identification Card, and Illinois Person with a Disability
Identification Card holders, all claimants for unemployment
insurance, and all registered voters of the county to be known
as the jury list.
The jury list may be revised and amended annually in the
discretion of the commissioners or jury administrator. Any
record kept by the jury commissioners or jury administrator for

SB2902 - 332 - LRB098 16889 JWD 51964 b
over 4 years may be destroyed at their discretion. The name of
each person on the list shall be entered in a book or books to
be kept for that purpose, and opposite the name shall be
entered his or her age and place of residence, giving street
and number, if any.
The Director of Workforce Development the Department of
Employment Security shall annually compile a list of persons
who, in the prior 12 months, filed a claim for unemployment
insurance which shall be sent to the Administrative Office of
the Illinois Courts and the Administrative Office of the
Illinois Courts shall furnish that list to the jury
administrator or jury commissioners, as provided in Section
1a-1 of the Jury Act. The list shall be in the format currently
prescribed by the Administrative Office of the Illinois Courts
and shall be provided subject to federal regulations. The jury
administrator, jury commissioners, or the Administrative
Office of the Illinois Courts shall receive an up-to-date list
of Illinois driver's license, Illinois Identification Card,
and Illinois Person with a Disability Identification Card
holders from the Secretary of State as provided in Section 1a
of the Jury Act. In compiling the jury list, duplication of
names shall be avoided to the extent practicable.
Whenever the name of a registered voter or an Illinois
driver's license, Illinois Identification Card, or Illinois
Person with a Disability Identification Card holder, or a
claimant for unemployment insurance appearing upon this jury

SB2902 - 333 - LRB098 16889 JWD 51964 b
list is transferred to the active jury list in the manner
prescribed by Section 8 of this Act, the following additional
information shall be recorded after the name of the voter: the
age of the voter, his or her occupation, if any, whether or not
he or she is a resident residing with his or her family and
whether or not he or she is an owner or life tenant of real
estate in the county.
(Source: P.A. 97-34, eff. 1-1-12; 97-1064, eff. 1-1-13.)
Section 305. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Sections 505 and 505.1 as
follows:
(750 ILCS 5/505) (from Ch. 40, par. 505)
Sec. 505. Child support; contempt; penalties.
(a) In a proceeding for dissolution of marriage, legal
separation, declaration of invalidity of marriage, a
proceeding for child support following dissolution of the
marriage by a court that lacked personal jurisdiction over the
absent spouse, a proceeding for modification of a previous
order for child support under Section 510 of this Act, or any
proceeding authorized under Section 501 or 601 of this Act, the
court may order either or both parents owing a duty of support
to a child of the marriage to pay an amount reasonable and
necessary for the support of the child, without regard to
marital misconduct. The duty of support owed to a child

SB2902 - 334 - LRB098 16889 JWD 51964 b
includes the obligation to provide for the reasonable and
necessary educational, physical, mental and emotional health
needs of the child. For purposes of this Section, the term
"child" shall include any child under age 18 and any child
under age 19 who is still attending high school.
(1) The Court shall determine the minimum amount of
support by using the following guidelines:
Number of Children Percent of Supporting Party's
Net Income
1 20%
2 28%
3 32%
4 40%
5 45%
6 or more 50%
(2) The above guidelines shall be applied in each case
unless the court finds that a deviation from the guidelines
is appropriate after considering the best interest of the
child in light of the evidence, including, but not limited
to, one or more of the following relevant factors:
(a) the financial resources and needs of the child;
(b) the financial resources and needs of the
custodial parent;
(c) the standard of living the child would have
enjoyed had the marriage not been dissolved;
(d) the physical, mental, and emotional needs of

SB2902 - 335 - LRB098 16889 JWD 51964 b
the child;
(d-5) the educational needs of the child; and
(e) the financial resources and needs of the
non-custodial parent.
If the court deviates from the guidelines, the court's
finding shall state the amount of support that would have
been required under the guidelines, if determinable. The
court shall include the reason or reasons for the variance
from the guidelines.
(2.5) The court, in its discretion, in addition to
setting child support pursuant to the guidelines and
factors, may order either or both parents owing a duty of
support to a child of the marriage to contribute to the
following expenses, if determined by the court to be
reasonable:
(a) health needs not covered by insurance;
(b) child care;
(c) education; and
(d) extracurricular activities.
(3) "Net income" is defined as the total of all income
from all sources, minus the following deductions:
(a) Federal income tax (properly calculated
withholding or estimated payments);
(b) State income tax (properly calculated
withholding or estimated payments);
(c) Social Security (FICA payments);

SB2902 - 336 - LRB098 16889 JWD 51964 b
(d) Mandatory retirement contributions required by
law or as a condition of employment;
(e) Union dues;
(f) Dependent and individual
health/hospitalization insurance premiums and premiums
for life insurance ordered by the court to reasonably
secure payment of ordered child support;
(g) Prior obligations of support or maintenance
actually paid pursuant to a court order;
(h) Expenditures for repayment of debts that
represent reasonable and necessary expenses for the
production of income, medical expenditures necessary
to preserve life or health, reasonable expenditures
for the benefit of the child and the other parent,
exclusive of gifts. The court shall reduce net income
in determining the minimum amount of support to be
ordered only for the period that such payments are due
and shall enter an order containing provisions for its
self-executing modification upon termination of such
payment period;
(i) Foster care payments paid by the Department of
Children and Family Services for providing licensed
foster care to a foster child.
(4) In cases where the court order provides for
health/hospitalization insurance coverage pursuant to
Section 505.2 of this Act, the premiums for that insurance,

SB2902 - 337 - LRB098 16889 JWD 51964 b
or that portion of the premiums for which the supporting
party is responsible in the case of insurance provided
through an employer's health insurance plan where the
employer pays a portion of the premiums, shall be
subtracted from net income in determining the minimum
amount of support to be ordered.
(4.5) In a proceeding for child support following
dissolution of the marriage by a court that lacked personal
jurisdiction over the absent spouse, and in which the court
is requiring payment of support for the period before the
date an order for current support is entered, there is a
rebuttable presumption that the supporting party's net
income for the prior period was the same as his or her net
income at the time the order for current support is
entered.
(5) If the net income cannot be determined because of
default or any other reason, the court shall order support
in an amount considered reasonable in the particular case.
The final order in all cases shall state the support level
in dollar amounts. However, if the court finds that the
child support amount cannot be expressed exclusively as a
dollar amount because all or a portion of the payor's net
income is uncertain as to source, time of payment, or
amount, the court may order a percentage amount of support
in addition to a specific dollar amount and enter such
other orders as may be necessary to determine and enforce,

SB2902 - 338 - LRB098 16889 JWD 51964 b
on a timely basis, the applicable support ordered.
(6) If (i) the non-custodial parent was properly served
with a request for discovery of financial information
relating to the non-custodial parent's ability to provide
child support, (ii) the non-custodial parent failed to
comply with the request, despite having been ordered to do
so by the court, and (iii) the non-custodial parent is not
present at the hearing to determine support despite having
received proper notice, then any relevant financial
information concerning the non-custodial parent's ability
to provide child support that was obtained pursuant to
subpoena and proper notice shall be admitted into evidence
without the need to establish any further foundation for
its admission.
(a-5) In an action to enforce an order for support based on
the respondent's failure to make support payments as required
by the order, notice of proceedings to hold the respondent in
contempt for that failure may be served on the respondent by
personal service or by regular mail addressed to the
respondent's last known address. The respondent's last known
address may be determined from records of the clerk of the
court, from the Federal Case Registry of Child Support Orders,
or by any other reasonable means.
(b) Failure of either parent to comply with an order to pay
support shall be punishable as in other cases of contempt. In
addition to other penalties provided by law the Court may,

SB2902 - 339 - LRB098 16889 JWD 51964 b
after finding the parent guilty of contempt, order that the
parent be:
(1) placed on probation with such conditions of
probation as the Court deems advisable;
(2) sentenced to periodic imprisonment for a period not
to exceed 6 months; provided, however, that the Court may
permit the parent to be released for periods of time during
the day or night to:
(A) work; or
(B) conduct a business or other self-employed
occupation.
The Court may further order any part or all of the earnings
of a parent during a sentence of periodic imprisonment paid to
the Clerk of the Circuit Court or to the parent having custody
or to the guardian having custody of the children of the
sentenced parent for the support of said children until further
order of the Court.
If a parent who is found guilty of contempt for failure to
comply with an order to pay support is a person who conducts a
business or who is self-employed, the court in addition to
other penalties provided by law may order that the parent do
one or more of the following: (i) provide to the court monthly
financial statements showing income and expenses from the
business or the self-employment; (ii) seek employment and
report periodically to the court with a diary, listing, or
other memorandum of his or her employment search efforts; or

SB2902 - 340 - LRB098 16889 JWD 51964 b
(iii) report to the Department of Workforce Development
Employment Security for job search services to find employment
that will be subject to withholding for child support.
If there is a unity of interest and ownership sufficient to
render no financial separation between a non-custodial parent
and another person or persons or business entity, the court may
pierce the ownership veil of the person, persons, or business
entity to discover assets of the non-custodial parent held in
the name of that person, those persons, or that business
entity. The following circumstances are sufficient to
authorize a court to order discovery of the assets of a person,
persons, or business entity and to compel the application of
any discovered assets toward payment on the judgment for
support:
(1) the non-custodial parent and the person, persons,
or business entity maintain records together.
(2) the non-custodial parent and the person, persons,
or business entity fail to maintain an arm's length
relationship between themselves with regard to any assets.
(3) the non-custodial parent transfers assets to the
person, persons, or business entity with the intent to
perpetrate a fraud on the custodial parent.
With respect to assets which are real property, no order
entered under this paragraph shall affect the rights of bona
fide purchasers, mortgagees, judgment creditors, or other lien
holders who acquire their interests in the property prior to

SB2902 - 341 - LRB098 16889 JWD 51964 b
the time a notice of lis pendens pursuant to the Code of Civil
Procedure or a copy of the order is placed of record in the
office of the recorder of deeds for the county in which the
real property is located.
The court may also order in cases where the parent is 90
days or more delinquent in payment of support or has been
adjudicated in arrears in an amount equal to 90 days obligation
or more, that the parent's Illinois driving privileges be
suspended until the court determines that the parent is in
compliance with the order of support. The court may also order
that the parent be issued a family financial responsibility
driving permit that would allow limited driving privileges for
employment and medical purposes in accordance with Section
7-702.1 of the Illinois Vehicle Code. The clerk of the circuit
court shall certify the order suspending the driving privileges
of the parent or granting the issuance of a family financial
responsibility driving permit to the Secretary of State on
forms prescribed by the Secretary. Upon receipt of the
authenticated documents, the Secretary of State shall suspend
the parent's driving privileges until further order of the
court and shall, if ordered by the court, subject to the
provisions of Section 7-702.1 of the Illinois Vehicle Code,
issue a family financial responsibility driving permit to the
parent.
In addition to the penalties or punishment that may be
imposed under this Section, any person whose conduct

SB2902 - 342 - LRB098 16889 JWD 51964 b
constitutes a violation of Section 15 of the Non-Support
Punishment Act may be prosecuted under that Act, and a person
convicted under that Act may be sentenced in accordance with
that Act. The sentence may include but need not be limited to a
requirement that the person perform community service under
Section 50 of that Act or participate in a work alternative
program under Section 50 of that Act. A person may not be
required to participate in a work alternative program under
Section 50 of that Act if the person is currently participating
in a work program pursuant to Section 505.1 of this Act.
A support obligation, or any portion of a support
obligation, which becomes due and remains unpaid as of the end
of each month, excluding the child support that was due for
that month to the extent that it was not paid in that month,
shall accrue simple interest as set forth in Section 12-109 of
the Code of Civil Procedure. An order for support entered or
modified on or after January 1, 2006 shall contain a statement
that a support obligation required under the order, or any
portion of a support obligation required under the order, that
becomes due and remains unpaid as of the end of each month,
excluding the child support that was due for that month to the
extent that it was not paid in that month, shall accrue simple
interest as set forth in Section 12-109 of the Code of Civil
Procedure. Failure to include the statement in the order for
support does not affect the validity of the order or the
accrual of interest as provided in this Section.

SB2902 - 343 - LRB098 16889 JWD 51964 b
(c) A one-time charge of 20% is imposable upon the amount
of past-due child support owed on July 1, 1988 which has
accrued under a support order entered by the court. The charge
shall be imposed in accordance with the provisions of Section
10-21 of the Illinois Public Aid Code and shall be enforced by
the court upon petition.
(d) Any new or existing support order entered by the court
under this Section shall be deemed to be a series of judgments
against the person obligated to pay support thereunder, each
such judgment to be in the amount of each payment or
installment of support and each such judgment to be deemed
entered as of the date the corresponding payment or installment
becomes due under the terms of the support order. Each such
judgment shall have the full force, effect and attributes of
any other judgment of this State, including the ability to be
enforced. Notwithstanding any other State or local law to the
contrary, a lien arises by operation of law against the real
and personal property of the noncustodial parent for each
installment of overdue support owed by the noncustodial parent.
(e) When child support is to be paid through the clerk of
the court in a county of 1,000,000 inhabitants or less, the
order shall direct the obligor to pay to the clerk, in addition
to the child support payments, all fees imposed by the county
board under paragraph (3) of subsection (u) of Section 27.1 of
the Clerks of Courts Act. Unless paid in cash or pursuant to an
order for withholding, the payment of the fee shall be by a

SB2902 - 344 - LRB098 16889 JWD 51964 b
separate instrument from the support payment and shall be made
to the order of the Clerk.
(f) All orders for support, when entered or modified, shall
include a provision requiring the obligor to notify the court
and, in cases in which a party is receiving child and spouse
services under Article X of the Illinois Public Aid Code, the
Department of Healthcare and Family Services, within 7 days,
(i) of the name and address of any new employer of the obligor,
(ii) whether the obligor has access to health insurance
coverage through the employer or other group coverage and, if
so, the policy name and number and the names of persons covered
under the policy, and (iii) of any new residential or mailing
address or telephone number of the non-custodial parent. In any
subsequent action to enforce a support order, upon a sufficient
showing that a diligent effort has been made to ascertain the
location of the non-custodial parent, service of process or
provision of notice necessary in the case may be made at the
last known address of the non-custodial parent in any manner
expressly provided by the Code of Civil Procedure or this Act,
which service shall be sufficient for purposes of due process.
(g) An order for support shall include a date on which the
current support obligation terminates. The termination date
shall be no earlier than the date on which the child covered by
the order will attain the age of 18. However, if the child will
not graduate from high school until after attaining the age of
18, then the termination date shall be no earlier than the

SB2902 - 345 - LRB098 16889 JWD 51964 b
earlier of the date on which the child's high school graduation
will occur or the date on which the child will attain the age
of 19. The order for support shall state that the termination
date does not apply to any arrearage that may remain unpaid on
that date. Nothing in this subsection shall be construed to
prevent the court from modifying the order or terminating the
order in the event the child is otherwise emancipated.
(g-5) If there is an unpaid arrearage or delinquency (as
those terms are defined in the Income Withholding for Support
Act) equal to at least one month's support obligation on the
termination date stated in the order for support or, if there
is no termination date stated in the order, on the date the
child attains the age of majority or is otherwise emancipated,
the periodic amount required to be paid for current support of
that child immediately prior to that date shall automatically
continue to be an obligation, not as current support but as
periodic payment toward satisfaction of the unpaid arrearage or
delinquency. That periodic payment shall be in addition to any
periodic payment previously required for satisfaction of the
arrearage or delinquency. The total periodic amount to be paid
toward satisfaction of the arrearage or delinquency may be
enforced and collected by any method provided by law for
enforcement and collection of child support, including but not
limited to income withholding under the Income Withholding for
Support Act. Each order for support entered or modified on or
after the effective date of this amendatory Act of the 93rd

SB2902 - 346 - LRB098 16889 JWD 51964 b
General Assembly must contain a statement notifying the parties
of the requirements of this subsection. Failure to include the
statement in the order for support does not affect the validity
of the order or the operation of the provisions of this
subsection with regard to the order. This subsection shall not
be construed to prevent or affect the establishment or
modification of an order for support of a minor child or the
establishment or modification of an order for support of a
non-minor child or educational expenses under Section 513 of
this Act.
(h) An order entered under this Section shall include a
provision requiring the obligor to report to the obligee and to
the clerk of court within 10 days each time the obligor obtains
new employment, and each time the obligor's employment is
terminated for any reason. The report shall be in writing and
shall, in the case of new employment, include the name and
address of the new employer. Failure to report new employment
or the termination of current employment, if coupled with
nonpayment of support for a period in excess of 60 days, is
indirect criminal contempt. For any obligor arrested for
failure to report new employment bond shall be set in the
amount of the child support that should have been paid during
the period of unreported employment. An order entered under
this Section shall also include a provision requiring the
obligor and obligee parents to advise each other of a change in
residence within 5 days of the change except when the court

SB2902 - 347 - LRB098 16889 JWD 51964 b
finds that the physical, mental, or emotional health of a party
or that of a child, or both, would be seriously endangered by
disclosure of the party's address.
(i) The court does not lose the powers of contempt,
driver's license suspension, or other child support
enforcement mechanisms, including, but not limited to,
criminal prosecution as set forth in this Act, upon the
emancipation of the minor child or children.
(Source: P.A. 97-186, eff. 7-22-11; 97-608, eff. 1-1-12;
97-813, eff. 7-13-12; 97-878, eff. 8-2-12; 97-941, eff. 1-1-13;
97-1029, eff. 1-1-13; 98-463, eff. 8-16-13.)
(750 ILCS 5/505.1) (from Ch. 40, par. 505.1)
Sec. 505.1. (a) Whenever it is determined in a proceeding
to establish or enforce a child support or maintenance
obligation that the person owing a duty of support is
unemployed, the court may order the person to seek employment
and report periodically to the court with a diary, listing or
other memorandum of his or her efforts in accordance with such
order. Additionally, the court may order the unemployed person
to report to the Department of Workforce Development Employment
Security for job search services or to make application with
the local Job Training Partnership Act provider for
participation in job search, training or work programs and
where the duty of support is owed to a child receiving child
support enforcement services under Article X of the Illinois

SB2902 - 348 - LRB098 16889 JWD 51964 b
Public Aid Code, as amended, the court may order the unemployed
person to report to the Department of Healthcare and Family
Services for participation in job search, training or work
programs established under Section 9-6 and Article IXA of that
Code.
(b) Whenever it is determined that a person owes past-due
support for a child or for a child and the parent with whom the
child is living, and the child is receiving assistance under
the Illinois Public Aid Code, the court shall order at the
request of the Department of Healthcare and Family Services:
(1) that the person pay the past-due support in
accordance with a plan approved by the court; or
(2) if the person owing past-due support is unemployed,
is subject to such a plan, and is not incapacitated, that
the person participate in such job search, training, or
work programs established under Section 9-6 and Article IXA
of the Illinois Public Aid Code as the court deems
appropriate.
(Source: P.A. 95-331, eff. 8-21-07.)
Section 310. The Non-Support Punishment Act is amended by
changing Sections 20 and 60 as follows:
(750 ILCS 16/20)
Sec. 20. Entry of order for support; income withholding.
(a) In a case in which no court or administrative order for

SB2902 - 349 - LRB098 16889 JWD 51964 b
support is in effect against the defendant:
(1) at any time before the trial, upon motion of the
State's Attorney, or of the Attorney General if the action
has been instituted by his office, and upon notice to the
defendant, or at the time of arraignment or as a condition
of postponement of arraignment, the court may enter such
temporary order for support as may seem just, providing for
the support or maintenance of the spouse or child or
children of the defendant, or both, pendente lite; or
(2) before trial with the consent of the defendant, or
at the trial on entry of a plea of guilty, or after
conviction, instead of imposing the penalty provided in
this Act, or in addition thereto, the court may enter an
order for support, subject to modification by the court
from time to time as circumstances may require, directing
the defendant to pay a certain sum for maintenance of the
spouse, or for support of the child or children, or both.
(b) The court shall determine the amount of child support
by using the guidelines and standards set forth in subsection
(a) of Section 505 and in Section 505.2 of the Illinois
Marriage and Dissolution of Marriage Act.
If (i) the non-custodial parent was properly served with a
request for discovery of financial information relating to the
non-custodial parent's ability to provide child support, (ii)
the non-custodial parent failed to comply with the request,
despite having been ordered to do so by the court, and (iii)

SB2902 - 350 - LRB098 16889 JWD 51964 b
the non-custodial parent is not present at the hearing to
determine support despite having received proper notice, then
any relevant financial information concerning the
non-custodial parent's ability to provide support that was
obtained pursuant to subpoena and proper notice shall be
admitted into evidence without the need to establish any
further foundation for its admission.
(c) The court shall determine the amount of maintenance
using the standards set forth in Section 504 of the Illinois
Marriage and Dissolution of Marriage Act.
(d) The court may, for violation of any order under this
Section, punish the offender as for a contempt of court, but no
pendente lite order shall remain in effect longer than 4
months, or after the discharge of any panel of jurors summoned
for service thereafter in such court, whichever is sooner.
(d-5) If a person who is found guilty of contempt for
failure to comply with an order to pay support is a person who
conducts a business or who is self-employed, the court may
order in addition to other penalties provided by law that the
person do one or more of the following: (i) provide to the
court monthly financial statements showing income and expenses
from the business or the self-employment; (ii) seek employment
and report periodically to the court with a diary, listing, or
other memorandum of his or her employment search efforts; or
(iii) report to the Department of Workforce Development
Employment Security for job search services to find employment

SB2902 - 351 - LRB098 16889 JWD 51964 b
that will be subject to withholding of child support.
(e) Any order for support entered by the court under this
Section shall be deemed to be a series of judgments against the
person obligated to pay support under the judgments, each such
judgment to be in the amount of each payment or installment of
support and each judgment to be deemed entered as of the date
the corresponding payment or installment becomes due under the
terms of the support order. Each judgment shall have the full
force, effect, and attributes of any other judgment of this
State, including the ability to be enforced. Each judgment is
subject to modification or termination only in accordance with
Section 510 of the Illinois Marriage and Dissolution of
Marriage Act. Notwithstanding any other State or local law to
the contrary, a lien arises by operation of law against the
real and personal property of the noncustodial parent for each
installment of overdue support owed by the noncustodial parent.
(f) An order for support entered under this Section shall
include a provision requiring the obligor to report to the
obligee and to the clerk of the court within 10 days each time
the obligor obtains new employment, and each time the obligor's
employment is terminated for any reason. The report shall be in
writing and shall, in the case of new employment, include the
name and address of the new employer.
Failure to report new employment or the termination of
current employment, if coupled with nonpayment of support for a
period in excess of 60 days, is indirect criminal contempt. For

SB2902 - 352 - LRB098 16889 JWD 51964 b
any obligor arrested for failure to report new employment, bond
shall be set in the amount of the child support that should
have been paid during the period of unreported employment.
An order for support entered under this Section shall also
include a provision requiring the obligor and obligee parents
to advise each other of a change in residence within 5 days of
the change except when the court finds that the physical,
mental, or emotional health of a party or of a minor child, or
both, would be seriously endangered by disclosure of the
party's address.
(g) An order for support entered or modified in a case in
which a party is receiving child support enforcement services
under Article X of the Illinois Public Aid Code shall include a
provision requiring the noncustodial parent to notify the
Department of Healthcare and Family Services, within 7 days, of
the name and address of any new employer of the noncustodial
parent, whether the noncustodial parent has access to health
insurance coverage through the employer or other group coverage
and, if so, the policy name and number and the names of persons
covered under the policy.
(h) In any subsequent action to enforce an order for
support entered under this Act, upon sufficient showing that
diligent effort has been made to ascertain the location of the
noncustodial parent, service of process or provision of notice
necessary in that action may be made at the last known address
of the noncustodial parent, in any manner expressly provided by

SB2902 - 353 - LRB098 16889 JWD 51964 b
the Code of Civil Procedure or in this Act, which service shall
be sufficient for purposes of due process.
(i) An order for support shall include a date on which the
current support obligation terminates. The termination date
shall be no earlier than the date on which the child covered by
the order will attain the age of 18. However, if the child will
not graduate from high school until after attaining the age of
18, then the termination date shall be no earlier than the
earlier of the date on which the child's high school graduation
will occur or the date on which the child will attain the age
of 19. The order for support shall state that the termination
date does not apply to any arrearage that may remain unpaid on
that date. Nothing in this subsection shall be construed to
prevent the court from modifying the order or terminating the
order in the event the child is otherwise emancipated.
(i-5) If there is an unpaid arrearage or delinquency (as
those terms are defined in the Income Withholding for Support
Act) equal to at least one month's support obligation on the
termination date stated in the order for support or, if there
is no termination date stated in the order, on the date the
child attains the age of majority or is otherwise emancipated,
the periodic amount required to be paid for current support of
that child immediately prior to that date shall automatically
continue to be an obligation, not as current support but as
periodic payment toward satisfaction of the unpaid arrearage or
delinquency. That periodic payment shall be in addition to any

SB2902 - 354 - LRB098 16889 JWD 51964 b
periodic payment previously required for satisfaction of the
arrearage or delinquency. The total periodic amount to be paid
toward satisfaction of the arrearage or delinquency may be
enforced and collected by any method provided by law for
enforcement and collection of child support, including but not
limited to income withholding under the Income Withholding for
Support Act. Each order for support entered or modified on or
after the effective date of this amendatory Act of the 93rd
General Assembly must contain a statement notifying the parties
of the requirements of this subsection. Failure to include the
statement in the order for support does not affect the validity
of the order or the operation of the provisions of this
subsection with regard to the order. This subsection shall not
be construed to prevent or affect the establishment or
modification of an order for support of a minor child or the
establishment or modification of an order for support of a
non-minor child or educational expenses under Section 513 of
the Illinois Marriage and Dissolution of Marriage Act.
(j) A support obligation, or any portion of a support
obligation, which becomes due and remains unpaid as of the end
of each month, excluding the child support that was due for
that month to the extent that it was not paid in that month,
shall accrue simple interest as set forth in Section 12-109 of
the Code of Civil Procedure. An order for support entered or
modified on or after January 1, 2006 shall contain a statement
that a support obligation required under the order, or any

SB2902 - 355 - LRB098 16889 JWD 51964 b
portion of a support obligation required under the order, that
becomes due and remains unpaid as of the end of each month,
excluding the child support that was due for that month to the
extent that it was not paid in that month, shall accrue simple
interest as set forth in Section 12-109 of the Code of Civil
Procedure. Failure to include the statement in the order for
support does not affect the validity of the order or the
accrual of interest as provided in this Section.
(Source: P.A. 97-186, eff. 7-22-11; 97-1029, eff. 1-1-13.)
(750 ILCS 16/60)
Sec. 60. Unemployed persons owing duty of support.
(a) Whenever it is determined in a proceeding to establish
or enforce a child support or maintenance obligation that the
person owing a duty of support is unemployed, the court may
order the person to seek employment and report periodically to
the court with a diary, listing or other memorandum of his or
her efforts in accordance with such order. Additionally, the
court may order the unemployed person to report to the
Department of Workforce Development Employment Security for
job search services or to make application with the local Job
Training Partnership Act provider for participation in job
search, training, or work programs and where the duty of
support is owed to a child receiving child support enforcement
services under Article X of the Illinois Public Aid Code the
court may order the unemployed person to report to the

SB2902 - 356 - LRB098 16889 JWD 51964 b
Department of Healthcare and Family Services for participation
in job search, training, or work programs established under
Section 9-6 and Article IXA of that Code.
(b) Whenever it is determined that a person owes past due
support for a child or for a child and the parent with whom the
child is living, and the child is receiving assistance under
the Illinois Public Aid Code, the court shall order at the
request of the Department of Healthcare and Family Services:
(1) that the person pay the past-due support in
accordance with a plan approved by the court; or
(2) if the person owing past-due support is unemployed,
is subject to such a plan, and is not incapacitated, that
the person participate in such job search, training, or
work programs established under Section 9-6 and Article IXA
of the Illinois Public Aid Code as the court deems
appropriate.
(Source: P.A. 95-331, eff. 8-21-07.)
Section 315. The Expedited Child Support Act of 1990 is
amended by changing Section 6 as follows:
(750 ILCS 25/6) (from Ch. 40, par. 2706)
Sec. 6. Authority of hearing officers.
(a) With the exception of judicial functions exclusively
retained by the court in Section 8 of this Act and in
accordance with Supreme Court rules promulgated pursuant to

SB2902 - 357 - LRB098 16889 JWD 51964 b
this Act, Administrative Hearing Officers shall be authorized
to:
(1) Accept voluntary agreements reached by the parties
setting the amount of child support to be paid and medical
support liability and recommend the entry of orders
incorporating such agreements.
(2) Accept voluntary acknowledgments of parentage and
recommend entry of an order establishing parentage based on
such acknowledgement. Prior to accepting such
acknowledgment, the Administrative Hearing Officer shall
advise the putative father of his rights and obligations in
accordance with Supreme Court rules promulgated pursuant
to this Act.
(3) Manage all stages of discovery, including setting
deadlines by which discovery must be completed; and
directing the parties to submit to appropriate tests
pursuant to Section 11 of the Illinois Parentage Act of
1984.
(4) Cause notices to be issued requiring the Obligor to
appear either before the Administrative Hearing Officer or
in court.
(5) Administer the oath or affirmation and take
testimony under oath or affirmation.
(6) Analyze the evidence and prepare written
recommendations based on such evidence, including but not
limited to: (i) proposed findings as to the amount of the

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Obligor's income; (ii) proposed findings as to the amount
and nature of appropriate deductions from the Obligor's
income to determine the Obligor's net income; (iii)
proposed findings as to the existence of relevant factors
as set forth in subsection (a)(2) of Section 505 of the
Illinois Marriage and Dissolution of Marriage Act, which
justify setting child support payment levels above or below
the guidelines; (iv) recommended orders for temporary
child support; (v) recommended orders setting the amount of
current child support to be paid; (vi) proposed findings as
to the existence and amount of any arrearages; (vii)
recommended orders reducing any arrearages to judgement
and for the payment of amounts towards such arrearages;
(viii) proposed findings as to whether there has been a
substantial change of circumstances since the entry of the
last child support order, or other circumstances
justifying a modification of the child support order; and
(ix) proposed findings as to whether the Obligor is
employed.
(7) With respect to any unemployed Obligor who is not
making child support payments or is otherwise unable to
provide support, recommend that the Obligor be ordered to
seek employment and report periodically of his or her
efforts in accordance with such order. Additionally, the
Administrative Hearing Officer may recommend that the
Obligor be ordered to report to the Department of Workforce

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Development Employment Security for job search services or
to make application with the local Job Training Partnership
Act provider for participation in job search, training or
work programs and, where the duty of support is owed to a
child receiving child support enforcement services under
Article X of the Illinois Public Aid Code, the
Administrative Hearing Officer may recommend that the
Obligor be ordered to report to the Department of
Healthcare and Family Services for participation in the job
search, training or work programs established under
Section 9-6 of the Illinois Public Aid Code.
(8) Recommend the registration of any foreign support
judgments or orders as the judgments or orders of Illinois.
(b) In any case in which the Obligee is not participating
in the IV-D program or has not applied to participate in the
IV-D program, the Administrative Hearing Officer shall:
(1) inform the Obligee of the existence of the IV-D
program and provide applications on request; and
(2) inform the Obligee and the Obligor of the option of
requesting payment to be made through the Clerk of the
Circuit Court.
If a request for payment through the Clerk is made, the
Administrative Hearing Officer shall note this fact in the
recommendations to the court.
(c) The Administrative Hearing Officer may make
recommendations in addition to the proposed findings of fact

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and recommended order to which the parties have agreed.
(Source: P.A. 95-331, eff. 8-21-07.)
Section 320. The Illinois Parentage Act of 1984 is amended
by changing Sections 15 and 15.1 as follows:
(750 ILCS 45/15) (from Ch. 40, par. 2515)
Sec. 15. Enforcement of Judgment or Order.
(a) If existence of the parent and child relationship is
declared, or paternity or duty of support has been established
under this Act or under prior law or under the law of any other
jurisdiction, the judgment rendered thereunder may be enforced
in the same or other proceedings by any party or any person or
agency that has furnished or may furnish financial assistance
or services to the child. The Income Withholding for Support
Act and Sections 14 and 16 of this Act shall also be applicable
with respect to entry, modification and enforcement of any
support judgment entered under provisions of the "Paternity
Act", approved July 5, 1957, as amended, repealed July 1, 1985.
(b) Failure to comply with any order of the court shall be
punishable as contempt as in other cases of failure to comply
under the "Illinois Marriage and Dissolution of Marriage Act",
as now or hereafter amended. In addition to other penalties
provided by law, the court may, after finding the party guilty
of contempt, order that the party be:
(1) Placed on probation with such conditions of

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probation as the court deems advisable;
(2) Sentenced to periodic imprisonment for a period not
to exceed 6 months. However, the court may permit the party
to be released for periods of time during the day or night
to work or conduct business or other self-employed
occupation. The court may further order any part of all the
earnings of a party during a sentence of periodic
imprisonment to be paid to the Clerk of the Circuit Court
or to the person or parent having custody of the minor
child for the support of said child until further order of
the court.
(c) (2.5) The court may also pierce the ownership veil of a
person, persons, or business entity to discover assets of a
non-custodial parent held in the name of that person, those
persons, or that business entity if there is a unity of
interest and ownership sufficient to render no financial
separation between the non-custodial parent and that person,
those persons, or the business entity. The following
circumstances are sufficient for a court to order discovery of
the assets of a person, persons, or business entity and to
compel the application of any discovered assets toward payment
on the judgment for support:
(1) The (A) the non-custodial parent and the person,
persons, or business entity maintain records together.
(2) The (B) the non-custodial parent and the person,
persons, or business entity fail to maintain an arms length

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relationship between themselves with regard to any assets.
(3) The (C) the non-custodial parent transfers assets
to the person, persons, or business entity with the intent
to perpetrate a fraud on the custodial parent.
With respect to assets which are real property, no order
entered under this subsection (c) subdivision (2.5) shall
affect the rights of bona fide purchasers, mortgagees, judgment
creditors, or other lien holders who acquire their interests in
the property prior to the time a notice of lis pendens pursuant
to the Code of Civil Procedure or a copy of the order is placed
of record in the office of the recorder of deeds for the county
in which the real property is located.
(d) (3) The court may also order that, in cases where the
party is 90 days or more delinquent in payment of support or
has been adjudicated in arrears in an amount equal to 90 days
obligation or more, that the party's Illinois driving
privileges be suspended until the court determines that the
party is in compliance with the judgement or duty of support.
The court may also order that the parent be issued a family
financial responsibility driving permit that would allow
limited driving privileges for employment and medical purposes
in accordance with Section 7-702.1 of the Illinois Vehicle
Code. The clerk of the circuit court shall certify the order
suspending the driving privileges of the parent or granting the
issuance of a family financial responsibility driving permit to
the Secretary of State on forms prescribed by the Secretary.

SB2902 - 363 - LRB098 16889 JWD 51964 b
Upon receipt of the authenticated documents, the Secretary of
State shall suspend the party's driving privileges until
further order of the court and shall, if ordered by the court,
subject to the provisions of Section 7-702.1 of the Illinois
Vehicle Code, issue a family financial responsibility driving
permit to the parent.
(e) In addition to the penalties or punishment that may be
imposed under this Section, any person whose conduct
constitutes a violation of Section 15 of the Non-Support
Punishment Act may be prosecuted under that Act, and a person
convicted under that Act may be sentenced in accordance with
that Act. The sentence may include but need not be limited to a
requirement that the person perform community service under
Section 50 of that Act or participate in a work alternative
program under Section 50 of that Act. A person may not be
required to participate in a work alternative program under
Section 50 of that Act if the person is currently participating
in a work program pursuant to Section 15.1 of this Act.
(f) (b-5) If a party who is found guilty of contempt for a
failure to comply with an order to pay support is a person who
conducts a business or who is self-employed, the court may in
addition to other penalties provided by law order that the
party do one or more of the following: (i) provide to the court
monthly financial statements showing income and expenses from
the business or the self-employment; (ii) seek employment and
report periodically to the court with a diary, listing, or

SB2902 - 364 - LRB098 16889 JWD 51964 b
other memorandum of his or her employment search efforts; or
(iii) report to the Department of Workforce Development
Employment Security for job search services to find employment
that will be subject to withholding of child support.
(g) (c) In any post-judgment proceeding to enforce or
modify the judgment the parties shall continue to be designated
as in the original proceeding.
(Source: P.A. 97-1029, eff. 1-1-13; revised 11-22-13.)
(750 ILCS 45/15.1) (from Ch. 40, par. 2515.1)
Sec. 15.1. (a) Whenever it is determined in a proceeding to
establish or enforce a child support obligation that the person
owing a duty of support is unemployed, the court may order the
person to seek employment and report periodically to the court
with a diary, listing or other memorandum of his or her efforts
in accordance with such order. Additionally, the court may
order the unemployed person to report to the Department of
Workforce Development Employment Security for job search
services or to make application with the local Job Training
Partnership Act provider for participation in job search,
training or work programs and where the duty of support is owed
to a child receiving child support enforcement services under
Article X of the Illinois Public Aid Code, as amended, the
court may order the unemployed person to report to the
Department of Healthcare and Family Services for participation
in job search, training or work programs established under

SB2902 - 365 - LRB098 16889 JWD 51964 b
Section 9-6 and Article IXA of that Code.
(b) Whenever it is determined that a person owes past-due
support for a child, and the child is receiving assistance
under the Illinois Public Aid Code, the court shall order the
following at the request of the Department of Healthcare and
Family Services:
(1) that the person pay the past-due support in
accordance with a plan approved by the court; or
(2) if the person owing past-due support is unemployed,
is subject to such a plan, and is not incapacitated, that
the person participate in such job search, training, or
work programs established under Section 9-6 and Article IXA
of the Illinois Public Aid Code as the court deems
appropriate.
(Source: P.A. 95-331, eff. 8-21-07.)
Section 325. The Illinois Human Rights Act is amended by
changing Section 2-105 as follows:
(775 ILCS 5/2-105) (from Ch. 68, par. 2-105)
Sec. 2-105. Equal Employment Opportunities; Affirmative
Action.
(A) Public Contracts. Every party to a public contract and
every eligible bidder shall:
(1) Refrain from unlawful discrimination and
discrimination based on citizenship status in employment

SB2902 - 366 - LRB098 16889 JWD 51964 b
and undertake affirmative action to assure equality of
employment opportunity and eliminate the effects of past
discrimination;
(2) Comply with the procedures and requirements of the
Department's regulations concerning equal employment
opportunities and affirmative action;
(3) Provide such information, with respect to its
employees and applicants for employment, and assistance as
the Department may reasonably request;
(4) Have written sexual harassment policies that shall
include, at a minimum, the following information: (i) the
illegality of sexual harassment; (ii) the definition of
sexual harassment under State law; (iii) a description of
sexual harassment, utilizing examples; (iv) the vendor's
internal complaint process including penalties; (v) the
legal recourse, investigative and complaint process
available through the Department and the Commission; (vi)
directions on how to contact the Department and Commission;
and (vii) protection against retaliation as provided by
Section 6-101 of this Act. A copy of the policies shall be
provided to the Department upon request.
(B) State Agencies. Every State executive department,
State agency, board, commission, and instrumentality shall:
(1) Comply with the procedures and requirements of the
Department's regulations concerning equal employment
opportunities and affirmative action;

SB2902 - 367 - LRB098 16889 JWD 51964 b
(2) Provide such information and assistance as the
Department may request.
(3) Establish, maintain, and carry out a continuing
affirmative action plan consistent with this Act and the
regulations of the Department designed to promote equal
opportunity for all State residents in every aspect of
agency personnel policy and practice. For purposes of these
affirmative action plans, the race and national origin
categories to be included in the plans are: American Indian
or Alaska Native, Asian, Black or African American,
Hispanic or Latino, Native Hawaiian or Other Pacific
Islander.
This plan shall include a current detailed status
report:
(a) indicating, by each position in State service,
the number, percentage, and average salary of
individuals employed by race, national origin, sex and
disability, and any other category that the Department
may require by rule;
(b) identifying all positions in which the
percentage of the people employed by race, national
origin, sex and disability, and any other category that
the Department may require by rule, is less than
four-fifths of the percentage of each of those
components in the State work force;
(c) specifying the goals and methods for

SB2902 - 368 - LRB098 16889 JWD 51964 b
increasing the percentage by race, national origin,
sex and disability, and any other category that the
Department may require by rule, in State positions;
(d) indicating progress and problems toward
meeting equal employment opportunity goals, including,
if applicable, but not limited to, Department of
Central Management Services recruitment efforts,
publicity, promotions, and use of options designating
positions by linguistic abilities;
(e) establishing a numerical hiring goal for the
employment of qualified persons with disabilities in
the agency as a whole, to be based on the proportion of
people with work disabilities in the Illinois labor
force as reflected in the most recent decennial Census.
(4) If the agency has 1000 or more employees, appoint a
full-time Equal Employment Opportunity officer, subject to
the Department's approval, whose duties shall include:
(a) Advising the head of the particular State
agency with respect to the preparation of equal
employment opportunity programs, procedures,
regulations, reports, and the agency's affirmative
action plan.
(b) Evaluating in writing each fiscal year the
sufficiency of the total agency program for equal
employment opportunity and reporting thereon to the
head of the agency with recommendations as to any

SB2902 - 369 - LRB098 16889 JWD 51964 b
improvement or correction in recruiting, hiring or
promotion needed, including remedial or disciplinary
action with respect to managerial or supervisory
employees who have failed to cooperate fully or who are
in violation of the program.
(c) Making changes in recruitment, training and
promotion programs and in hiring and promotion
procedures designed to eliminate discriminatory
practices when authorized.
(d) Evaluating tests, employment policies,
practices and qualifications and reporting to the head
of the agency and to the Department any policies,
practices and qualifications that have unequal impact
by race, national origin as required by Department
rule, sex or disability or any other category that the
Department may require by rule, and to assist in the
recruitment of people in underrepresented
classifications. This function shall be performed in
cooperation with the State Department of Central
Management Services.
(e) Making any aggrieved employee or applicant for
employment aware of his or her remedies under this Act.
In any meeting, investigation, negotiation,
conference, or other proceeding between a State
employee and an Equal Employment Opportunity officer,
a State employee (1) who is not covered by a collective

SB2902 - 370 - LRB098 16889 JWD 51964 b
bargaining agreement and (2) who is the complaining
party or the subject of such proceeding may be
accompanied, advised and represented by (1) an
attorney licensed to practice law in the State of
Illinois or (2) a representative of an employee
organization whose membership is composed of employees
of the State and of which the employee is a member. A
representative of an employee, other than an attorney,
may observe but may not actively participate, or advise
the State employee during the course of such meeting,
investigation, negotiation, conference or other
proceeding. Nothing in this Section shall be construed
to permit any person who is not licensed to practice
law in Illinois to deliver any legal services or
otherwise engage in any activities that would
constitute the unauthorized practice of law. Any
representative of an employee who is present with the
consent of the employee, shall not, during or after
termination of the relationship permitted by this
Section with the State employee, use or reveal any
information obtained during the course of the meeting,
investigation, negotiation, conference or other
proceeding without the consent of the complaining
party and any State employee who is the subject of the
proceeding and pursuant to rules and regulations
governing confidentiality of such information as

SB2902 - 371 - LRB098 16889 JWD 51964 b
promulgated by the appropriate State agency.
Intentional or reckless disclosure of information in
violation of these confidentiality requirements shall
constitute a Class B misdemeanor.
(5) Establish, maintain and carry out a continuing
sexual harassment program that shall include the
following:
(a) Develop a written sexual harassment policy
that includes at a minimum the following information:
(i) the illegality of sexual harassment; (ii) the
definition of sexual harassment under State law; (iii)
a description of sexual harassment, utilizing
examples; (iv) the agency's internal complaint process
including penalties; (v) the legal recourse,
investigative and complaint process available through
the Department and the Commission; (vi) directions on
how to contact the Department and Commission; and (vii)
protection against retaliation as provided by Section
6-101 of this Act. The policy shall be reviewed
annually.
(b) Post in a prominent and accessible location and
distribute in a manner to assure notice to all agency
employees without exception the agency's sexual
harassment policy. Such documents may meet, but shall
not exceed, the 6th grade literacy level. Distribution
shall be effectuated within 90 days of the effective

SB2902 - 372 - LRB098 16889 JWD 51964 b
date of this amendatory Act of 1992 and shall occur
annually thereafter.
(c) Provide training on sexual harassment
prevention and the agency's sexual harassment policy
as a component of all ongoing or new employee training
programs.
(6) Notify the Department 30 days before effecting any
layoff. Once notice is given, the following shall occur:
(a) No layoff may be effective earlier than 10
working days after notice to the Department, unless an
emergency layoff situation exists.
(b) The State executive department, State agency,
board, commission, or instrumentality in which the
layoffs are to occur must notify each employee targeted
for layoff, the employee's union representative (if
applicable), and the State Dislocated Worker Unit at
the Department of Commerce and Economic Opportunity.
(c) The State executive department, State agency,
board, commission, or instrumentality in which the
layoffs are to occur must conform to applicable
collective bargaining agreements.
(d) The State executive department, State agency,
board, commission, or instrumentality in which the
layoffs are to occur should notify each employee
targeted for layoff that transitional assistance may
be available to him or her under the Economic

SB2902 - 373 - LRB098 16889 JWD 51964 b
Dislocation and Worker Adjustment Assistance Act
administered by the Department of Workforce
Development Commerce and Economic Opportunity. Failure
to give such notice shall not invalidate the layoff or
postpone its effective date.
As used in this subsection (B), "disability" shall be
defined in rules promulgated under the Illinois Administrative
Procedure Act.
(C) Civil Rights Violations. It is a civil rights violation
for any public contractor or eligible bidder to:
(1) fail to comply with the public contractor's or
eligible bidder's duty to refrain from unlawful
discrimination and discrimination based on citizenship
status in employment under subsection (A)(1) of this
Section; or
(2) fail to comply with the public contractor's or
eligible bidder's duties of affirmative action under
subsection (A) of this Section, provided however, that the
Department has notified the public contractor or eligible
bidder in writing by certified mail that the public
contractor or eligible bidder may not be in compliance with
affirmative action requirements of subsection (A). A
minimum of 60 days to comply with the requirements shall be
afforded to the public contractor or eligible bidder before
the Department may issue formal notice of non-compliance.
(D) As used in this Section:

SB2902 - 374 - LRB098 16889 JWD 51964 b
(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
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.
(Source: P.A. 97-396, eff. 1-1-12.)
Section 330. The Defense Contract Employment
Discrimination Act is amended by changing Sections 4 and 6 as
follows:
(775 ILCS 20/4) (from Ch. 29, par. 24d)

SB2902 - 375 - LRB098 16889 JWD 51964 b
Sec. 4. Upon the filing of a verified complaint, setting
out the facts of the alleged discrimination in the office of
the Department of Workforce Development Employment Security of
the State of Illinois, and the state's attorneys of the
respective counties of the State of Illinois and the Attorney
General attorney general of Illinois on the relation of the
State of Illinois, it shall be the duty of said respective
officers or their assistants to enforce the prosecution of any
violation of this act.
(Source: P.A. 83-1503.)
(775 ILCS 20/6) (from Ch. 29, par. 24f)
Sec. 6. A copy of this Act shall be furnished by the
Department of Workforce Development Employment Security and
shall be prominently displayed by each war defense contractor
in its employment office and room where applicants for
employment or training are interviewed. This shall be done by
such war defense contractor within thirty days after the
effective date of this Act and any violation of this Section
shall be deemed a petty offense punishable by a fine in the sum
of twenty-five dollars.
(Source: P.A. 83-1503.)
Section 335. The Illinois Worker Adjustment and Retraining
Notification Act is amended by changing Sections 10 and 45, as
follows:

SB2902 - 376 - LRB098 16889 JWD 51964 b
(820 ILCS 65/10)
Sec. 10. Notice.
(a) An employer may not order a mass layoff, relocation, or
employment loss unless, 60 days before the order takes effect,
the employer gives written notice of the order to the
following:
(1) affected employees and representatives of affected
employees; and
(2) the Department of Workforce Development Commerce
and Economic Opportunity and the chief elected official of
each municipal and county government within which the
employment loss, relocation, or mass layoff occurs.
(b) An employer required to give notice of any mass layoff,
relocation, or employment loss under this Act shall include in
its notice the elements required by the federal Worker
Adjustment and Retraining Notification Act (29 U.S.C. 2101 et
seq.).
(c) Notwithstanding the requirements of subsection (a), an
employer is not required to provide notice if a mass layoff,
relocation, or employment loss is necessitated by a physical
calamity or an act of terrorism or war.
(d) The mailing of notice to an employee's last known
address or inclusion of notice in the employee's paycheck shall
be considered acceptable methods for fulfillment of the
employer's obligation to give notice to each affected employee

SB2902 - 377 - LRB098 16889 JWD 51964 b
under this Act.
(e) In the case of a sale of part or all of an employer's
business, the seller shall be responsible for providing notice
for any plant closing or mass layoff in accordance with this
Section, up to and including the effective date of the sale.
After the effective date of the sale of part or all of an
employer's business, the purchaser shall be responsible for
providing notice for any plant closing or mass layoff in
accordance with this Section. Notwithstanding any other
provision of this Act, any person who is an employee of the
seller (other than a part-time employee) as of the effective
date of the sale shall be considered an employee of the
purchaser immediately after the effective date of the sale.
(f) An employer which is receiving State or local economic
development incentives for doing or continuing to do business
in this State may be required to provide additional notice
pursuant to Section 15 of the Business Economic Support Act.
(g) The rights and remedies provided to employees by this
Act are in addition to, and not in lieu of, any other
contractual or statutory rights and remedies of the employees,
and are not intended to alter or affect such rights and
remedies, except that the period of notification required by
this Act shall run concurrently with any period of notification
required by contract or by any other law.
(h) It is the sense of the General Assembly that an
employer who is not required to comply with the notice

SB2902 - 378 - LRB098 16889 JWD 51964 b
requirements of this Section should, to the extent possible,
provide notice to its employees about a proposal to close a
plant or permanently reduce its workforce.
(Source: P.A. 93-915, eff. 1-1-05.)
(820 ILCS 65/45)
Sec. 45. Advisory notice from Department of Workforce
Development Commerce and Economic Opportunity. Before
September 30 of each year, the Department of Workforce
Development Commerce and Economic Opportunity, with the
cooperation of the Department of Employment Security, must
issue a written notice to each employer that reported to the
Department of Employment Security that the employer paid wages
to 75 or more individuals with respect to any quarter in the
immediately preceding calendar year. The notice must indicate
that the employer may be subject to this Act and must generally
advise the employer about the requirements of this Act and the
remedies provided for violations of this Act.
(Source: P.A. 93-915, eff. 1-1-05.)
Section 340. The Day and Temporary Labor Services Act is
amended by changing Section 45 as follows:
(820 ILCS 175/45)
Sec. 45. Registration; Department of Labor.
(a) A day and temporary labor service agency which is

SB2902 - 379 - LRB098 16889 JWD 51964 b
located, operates or transacts business within this State shall
register with the Department of Labor in accordance with rules
adopted by the Department for day and temporary labor service
agencies and shall be subject to this Act and any rules adopted
under this Act. Each day and temporary labor service agency
shall provide proof of an employer account number issued by the
Department of Workforce Development Employment Security for
the payment of unemployment insurance contributions as
required under the Unemployment Insurance Act, and proof of
valid workers' compensation insurance in effect at the time of
registration covering all of its employees. If, at any time, a
day and temporary labor service agency's workers' compensation
insurance coverage lapses, the agency shall have an affirmative
duty to report the lapse of such coverage to the Department and
the agency's registration shall be suspended until the agency's
workers' compensation insurance is reinstated. The Department
may assess each day and temporary labor service agency a
non-refundable registration fee not exceeding $1,000 per year
per agency and a non-refundable fee not to exceed $250 for each
branch office or other location where the agency regularly
contracts with day or temporary laborers for services. The fee
may be paid by check or money order and the Department may not
refuse to accept a check on the basis that it is not a
certified check or a cashier's check. The Department may charge
an additional fee to be paid by a day and temporary labor
service agency if the agency, or any person on the agency's

SB2902 - 380 - LRB098 16889 JWD 51964 b
behalf, issues or delivers a check to the Department that is
not honored by the financial institution upon which it is
drawn. The Department shall also adopt rules for violation
hearings and penalties for violations of this Act or the
Department's rules in conjunction with the penalties set forth
in this Act.
(b) It is a violation of this Act to operate a day and
temporary labor service agency without first registering with
the Department in accordance with subsection (a) of this
Section. The Department shall create and maintain at regular
intervals on its website, accessible to the public: (1) a list
of all registered day and temporary labor service agencies in
the State whose registration is in good standing; (2) a list of
day and temporary labor service agencies in the State whose
registration has been suspended, including the reason for the
suspension, the date the suspension was initiated, and the
date, if known, the suspension is to be lifted; and (3) a list
of day and temporary labor service agencies in the State whose
registration has been revoked, including the reason for the
revocation and the date the registration was revoked. The
Department has the authority to assess a penalty against any
day and temporary labor service agency that fails to register
with the Department of Labor in accordance with this Act or any
rules adopted under this Act of $500 for each violation. Each
day during which a day and temporary labor service agency
operates without registering with the Department shall be a

SB2902 - 381 - LRB098 16889 JWD 51964 b
separate and distinct violation of this Act.
(c) An applicant is not eligible to register to operate a
day and temporary labor service agency under this Act if the
applicant or any of its officers, directors, partners, or
managers or any owner of 25% or greater beneficial interest:
(1) has been involved, as owner, officer, director,
partner, or manager, of any day and temporary labor service
agency whose registration has been revoked or has been
suspended without being reinstated within the 5 years
immediately preceding the filing of the application; or
(2) is under the age of 18.
(d) Every agency shall post and keep posted at each
location, in a position easily accessible to all employees,
notices as supplied and required by the Department containing a
copy or summary of the provisions of the Act and a notice which
informs the public of a toll-free telephone number for day or
temporary laborers and the public to file wage dispute
complaints and other alleged violations by day and temporary
labor service agencies. Such notices shall be in English or any
other language generally understood in the locale of the day
and temporary labor service agency.
(Source: P.A. 94-511, eff. 1-1-06.)
Section 345. The Employee Classification Act is amended by
changing Section 75 as follows:

SB2902 - 382 - LRB098 16889 JWD 51964 b
(820 ILCS 185/75)
Sec. 75. Cooperation. The Department of Labor, the
Department of Workforce Development Employment Security, the
Department of Revenue, and the Illinois Workers' Compensation
Commission shall cooperate under this Act by sharing
information concerning any suspected misclassification by an
employer or entity of one or more of its employees as
independent contractors. Upon determining that an employer or
entity has misclassified employees as independent contractors
in violation of this Act, the Department shall notify the
Department of Employment Security, the Department of Revenue,
the Office of the State Comptroller, and the Illinois Workers'
Compensation Commission who shall be obliged to check such
employer or entity's compliance with their laws, utilizing
their own definitions, standards, and procedures.
(Source: P.A. 95-26, eff. 1-1-08.)
Section 350. The Workers' Compensation Act is amended by
changing Sections 8 and 26.1 as follows:
(820 ILCS 305/8) (from Ch. 48, par. 138.8)
Sec. 8. The amount of compensation which shall be paid to
the employee for an accidental injury not resulting in death
is:
(a) The employer shall provide and pay the negotiated rate,
if applicable, or the lesser of the health care provider's

SB2902 - 383 - LRB098 16889 JWD 51964 b
actual charges or according to a fee schedule, subject to
Section 8.2, in effect at the time the service was rendered for
all the necessary first aid, medical and surgical services, and
all necessary medical, surgical and hospital services
thereafter incurred, limited, however, to that which is
reasonably required to cure or relieve from the effects of the
accidental injury, even if a health care provider sells,
transfers, or otherwise assigns an account receivable for
procedures, treatments, or services covered under this Act. If
the employer does not dispute payment of first aid, medical,
surgical, and hospital services, the employer shall make such
payment to the provider on behalf of the employee. The employer
shall also pay for treatment, instruction and training
necessary for the physical, mental and vocational
rehabilitation of the employee, including all maintenance
costs and expenses incidental thereto. If as a result of the
injury the employee is unable to be self-sufficient the
employer shall further pay for such maintenance or
institutional care as shall be required.
The employee may at any time elect to secure his own
physician, surgeon and hospital services at the employer's
expense, or,
Upon agreement between the employer and the employees, or
the employees' exclusive representative, and subject to the
approval of the Illinois Workers' Compensation Commission, the
employer shall maintain a list of physicians, to be known as a

SB2902 - 384 - LRB098 16889 JWD 51964 b
Panel of Physicians, who are accessible to the employees. The
employer shall post this list in a place or places easily
accessible to his employees. The employee shall have the right
to make an alternative choice of physician from such Panel if
he is not satisfied with the physician first selected. If, due
to the nature of the injury or its occurrence away from the
employer's place of business, the employee is unable to make a
selection from the Panel, the selection process from the Panel
shall not apply. The physician selected from the Panel may
arrange for any consultation, referral or other specialized
medical services outside the Panel at the employer's expense.
Provided that, in the event the Commission shall find that a
doctor selected by the employee is rendering improper or
inadequate care, the Commission may order the employee to
select another doctor certified or qualified in the medical
field for which treatment is required. If the employee refuses
to make such change the Commission may relieve the employer of
his obligation to pay the doctor's charges from the date of
refusal to the date of compliance.
Any vocational rehabilitation counselors who provide
service under this Act shall have appropriate certifications
which designate the counselor as qualified to render opinions
relating to vocational rehabilitation. Vocational
rehabilitation may include, but is not limited to, counseling
for job searches, supervising a job search program, and
vocational retraining including education at an accredited

SB2902 - 385 - LRB098 16889 JWD 51964 b
learning institution. The employee or employer may petition to
the Commission to decide disputes relating to vocational
rehabilitation and the Commission shall resolve any such
dispute, including payment of the vocational rehabilitation
program by the employer.
The maintenance benefit shall not be less than the
temporary total disability rate determined for the employee. In
addition, maintenance shall include costs and expenses
incidental to the vocational rehabilitation program.
When the employee is working light duty on a part-time
basis or full-time basis and earns less than he or she would be
earning if employed in the full capacity of the job or jobs,
then the employee shall be entitled to temporary partial
disability benefits. Temporary partial disability benefits
shall be equal to two-thirds of the difference between the
average amount that the employee would be able to earn in the
full performance of his or her duties in the occupation in
which he or she was engaged at the time of accident and the
gross amount which he or she is earning in the modified job
provided to the employee by the employer or in any other job
that the employee is working.
Every hospital, physician, surgeon or other person
rendering treatment or services in accordance with the
provisions of this Section shall upon written request furnish
full and complete reports thereof to, and permit their records
to be copied by, the employer, the employee or his dependents,

SB2902 - 386 - LRB098 16889 JWD 51964 b
as the case may be, or any other party to any proceeding for
compensation before the Commission, or their attorneys.
Notwithstanding the foregoing, the employer's liability to
pay for such medical services selected by the employee shall be
limited to:
(1) all first aid and emergency treatment; plus
(2) all medical, surgical and hospital services
provided by the physician, surgeon or hospital initially
chosen by the employee or by any other physician,
consultant, expert, institution or other provider of
services recommended by said initial service provider or
any subsequent provider of medical services in the chain of
referrals from said initial service provider; plus
(3) all medical, surgical and hospital services
provided by any second physician, surgeon or hospital
subsequently chosen by the employee or by any other
physician, consultant, expert, institution or other
provider of services recommended by said second service
provider or any subsequent provider of medical services in
the chain of referrals from said second service provider.
Thereafter the employer shall select and pay for all
necessary medical, surgical and hospital treatment and the
employee may not select a provider of medical services at
the employer's expense unless the employer agrees to such
selection. At any time the employee may obtain any medical
treatment he desires at his own expense. This paragraph

SB2902 - 387 - LRB098 16889 JWD 51964 b
shall not affect the duty to pay for rehabilitation
referred to above.
(4) The following shall apply for injuries occurring on
or after June 28, 2011 (the effective date of Public Act
97-18) and only when an employer has an approved preferred
provider program pursuant to Section 8.1a on the date the
employee sustained his or her accidental injuries:
(A) The employer shall, in writing, on a form
promulgated by the Commission, inform the employee of
the preferred provider program;
(B) Subsequent to the report of an injury by an
employee, the employee may choose in writing at any
time to decline the preferred provider program, in
which case that would constitute one of the two choices
of medical providers to which the employee is entitled
under subsection (a)(2) or (a)(3); and
(C) Prior to the report of an injury by an
employee, when an employee chooses non-emergency
treatment from a provider not within the preferred
provider program, that would constitute the employee's
one choice of medical providers to which the employee
is entitled under subsection (a)(2) or (a)(3).
When an employer and employee so agree in writing, nothing
in this Act prevents an employee whose injury or disability has
been established under this Act, from relying in good faith, on
treatment by prayer or spiritual means alone, in accordance

SB2902 - 388 - LRB098 16889 JWD 51964 b
with the tenets and practice of a recognized church or
religious denomination, by a duly accredited practitioner
thereof, and having nursing services appropriate therewith,
without suffering loss or diminution of the compensation
benefits under this Act. However, the employee shall submit to
all physical examinations required by this Act. The cost of
such treatment and nursing care shall be paid by the employee
unless the employer agrees to make such payment.
Where the accidental injury results in the amputation of an
arm, hand, leg or foot, or the enucleation of an eye, or the
loss of any of the natural teeth, the employer shall furnish an
artificial of any such members lost or damaged in accidental
injury arising out of and in the course of employment, and
shall also furnish the necessary braces in all proper and
necessary cases. In cases of the loss of a member or members by
amputation, the employer shall, whenever necessary, maintain
in good repair, refit or replace the artificial limbs during
the lifetime of the employee. Where the accidental injury
accompanied by physical injury results in damage to a denture,
eye glasses or contact eye lenses, or where the accidental
injury results in damage to an artificial member, the employer
shall replace or repair such denture, glasses, lenses, or
artificial member.
The furnishing by the employer of any such services or
appliances is not an admission of liability on the part of the
employer to pay compensation.

SB2902 - 389 - LRB098 16889 JWD 51964 b
The furnishing of any such services or appliances or the
servicing thereof by the employer is not the payment of
compensation.
(b) If the period of temporary total incapacity for work
lasts more than 3 working days, weekly compensation as
hereinafter provided shall be paid beginning on the 4th day of
such temporary total incapacity and continuing as long as the
total temporary incapacity lasts. In cases where the temporary
total incapacity for work continues for a period of 14 days or
more from the day of the accident compensation shall commence
on the day after the accident.
1. The compensation rate for temporary total
incapacity under this paragraph (b) of this Section shall
be equal to 66 2/3% of the employee's average weekly wage
computed in accordance with Section 10, provided that it
shall be not less than 66 2/3% of the sum of the Federal
minimum wage under the Fair Labor Standards Act, or the
Illinois minimum wage under the Minimum Wage Law, whichever
is more, multiplied by 40 hours. This percentage rate shall
be increased by 10% for each spouse and child, not to
exceed 100% of the total minimum wage calculation,
nor exceed the employee's average weekly wage computed in
accordance with the provisions of Section 10, whichever is
less.
2. The compensation rate in all cases other than for
temporary total disability under this paragraph (b), and

SB2902 - 390 - LRB098 16889 JWD 51964 b
other than for serious and permanent disfigurement under
paragraph (c) and other than for permanent partial
disability under subparagraph (2) of paragraph (d) or under
paragraph (e), of this Section shall be equal to 66 2/3% of
the employee's average weekly wage computed in accordance
with the provisions of Section 10, provided that it shall
be not less than 66 2/3% of the sum of the Federal minimum
wage under the Fair Labor Standards Act, or the Illinois
minimum wage under the Minimum Wage Law, whichever is more,
multiplied by 40 hours. This percentage rate shall be
increased by 10% for each spouse and child, not to exceed
100% of the total minimum wage calculation,
nor exceed the employee's average weekly wage computed in
accordance with the provisions of Section 10, whichever is
less.
2.1. The compensation rate in all cases of serious and
permanent disfigurement under paragraph (c) and of
permanent partial disability under subparagraph (2) of
paragraph (d) or under paragraph (e) of this Section shall
be equal to 60% of the employee's average weekly wage
computed in accordance with the provisions of Section 10,
provided that it shall be not less than 66 2/3% of the sum
of the Federal minimum wage under the Fair Labor Standards
Act, or the Illinois minimum wage under the Minimum Wage
Law, whichever is more, multiplied by 40 hours. This
percentage rate shall be increased by 10% for each spouse

SB2902 - 391 - LRB098 16889 JWD 51964 b
and child, not to exceed 100% of the total minimum wage
calculation,
nor exceed the employee's average weekly wage computed in
accordance with the provisions of Section 10, whichever is
less.
3. As used in this Section the term "child" means a
child of the employee including any child legally adopted
before the accident or whom at the time of the accident the
employee was under legal obligation to support or to whom
the employee stood in loco parentis, and who at the time of
the accident was under 18 years of age and not emancipated.
The term "children" means the plural of "child".
4. All weekly compensation rates provided under
subparagraphs 1, 2 and 2.1 of this paragraph (b) of this
Section shall be subject to the following limitations:
The maximum weekly compensation rate from July 1, 1975,
except as hereinafter provided, shall be 100% of the
State's average weekly wage in covered industries under the
Unemployment Insurance Act, that being the wage that most
closely approximates the State's average weekly wage.
The maximum weekly compensation rate, for the period
July 1, 1984, through June 30, 1987, except as hereinafter
provided, shall be $293.61. Effective July 1, 1987 and on
July 1 of each year thereafter the maximum weekly
compensation rate, except as hereinafter provided, shall
be determined as follows: if during the preceding 12 month

SB2902 - 392 - LRB098 16889 JWD 51964 b
period there shall have been an increase in the State's
average weekly wage in covered industries under the
Unemployment Insurance Act, the weekly compensation rate
shall be proportionately increased by the same percentage
as the percentage of increase in the State's average weekly
wage in covered industries under the Unemployment
Insurance Act during such period.
The maximum weekly compensation rate, for the period
January 1, 1981 through December 31, 1983, except as
hereinafter provided, shall be 100% of the State's average
weekly wage in covered industries under the Unemployment
Insurance Act in effect on January 1, 1981. Effective
January 1, 1984 and on January 1, of each year thereafter
the maximum weekly compensation rate, except as
hereinafter provided, shall be determined as follows: if
during the preceding 12 month period there shall have been
an increase in the State's average weekly wage in covered
industries under the Unemployment Insurance Act, the
weekly compensation rate shall be proportionately
increased by the same percentage as the percentage of
increase in the State's average weekly wage in covered
industries under the Unemployment Insurance Act during
such period.
From July 1, 1977 and thereafter such maximum weekly
compensation rate in death cases under Section 7, and
permanent total disability cases under paragraph (f) or

SB2902 - 393 - LRB098 16889 JWD 51964 b
subparagraph 18 of paragraph (3) of this Section and for
temporary total disability under paragraph (b) of this
Section and for amputation of a member or enucleation of an
eye under paragraph (e) of this Section shall be increased
to 133-1/3% of the State's average weekly wage in covered
industries under the Unemployment Insurance Act.
For injuries occurring on or after February 1, 2006,
the maximum weekly benefit under paragraph (d)1 of this
Section shall be 100% of the State's average weekly wage in
covered industries under the Unemployment Insurance Act.
4.1. Any provision herein to the contrary
notwithstanding, the weekly compensation rate for
compensation payments under subparagraph 18 of paragraph
(e) of this Section and under paragraph (f) of this Section
and under paragraph (a) of Section 7 and for amputation of
a member or enucleation of an eye under paragraph (e) of
this Section, shall in no event be less than 50% of the
State's average weekly wage in covered industries under the
Unemployment Insurance Act.
4.2. Any provision to the contrary notwithstanding,
the total compensation payable under Section 7 shall not
exceed the greater of $500,000 or 25 years.
5. For the purpose of this Section this State's average
weekly wage in covered industries under the Unemployment
Insurance Act on July 1, 1975 is hereby fixed at $228.16
per week and the computation of compensation rates shall be

SB2902 - 394 - LRB098 16889 JWD 51964 b
based on the aforesaid average weekly wage until modified
as hereinafter provided.
6. The Department of Employment Security (now
Workforce Development) of the State shall on or before the
first day of December, 1977, and on or before the first day
of June, 1978, and on the first day of each December and
June of each year thereafter, publish the State's average
weekly wage in covered industries under the Unemployment
Insurance Act and the Illinois Workers' Compensation
Commission shall on the 15th day of January, 1978 and on
the 15th day of July, 1978 and on the 15th day of each
January and July of each year thereafter, post and publish
the State's average weekly wage in covered industries under
the Unemployment Insurance Act as last determined and
published by the Department of Employment Security (now
Workforce Development). The amount when so posted and
published shall be conclusive and shall be applicable as
the basis of computation of compensation rates until the
next posting and publication as aforesaid.
7. The payment of compensation by an employer or his
insurance carrier to an injured employee shall not
constitute an admission of the employer's liability to pay
compensation.
(c) For any serious and permanent disfigurement to the
hand, head, face, neck, arm, leg below the knee or the chest
above the axillary line, the employee is entitled to

SB2902 - 395 - LRB098 16889 JWD 51964 b
compensation for such disfigurement, the amount determined by
agreement at any time or by arbitration under this Act, at a
hearing not less than 6 months after the date of the accidental
injury, which amount shall not exceed 150 weeks (if the
accidental injury occurs on or after the effective date of this
amendatory Act of the 94th General Assembly but before February
1, 2006) or 162 weeks (if the accidental injury occurs on or
after February 1, 2006) at the applicable rate provided in
subparagraph 2.1 of paragraph (b) of this Section.
No compensation is payable under this paragraph where
compensation is payable under paragraphs (d), (e) or (f) of
this Section.
A duly appointed member of a fire department in a city, the
population of which exceeds 500,000 according to the last
federal or State census, is eligible for compensation under
this paragraph only where such serious and permanent
disfigurement results from burns.
(d) 1. If, after the accidental injury has been sustained,
the employee as a result thereof becomes partially
incapacitated from pursuing his usual and customary line of
employment, he shall, except in cases compensated under the
specific schedule set forth in paragraph (e) of this Section,
receive compensation for the duration of his disability,
subject to the limitations as to maximum amounts fixed in
paragraph (b) of this Section, equal to 66-2/3% of the
difference between the average amount which he would be able to

SB2902 - 396 - LRB098 16889 JWD 51964 b
earn in the full performance of his duties in the occupation in
which he was engaged at the time of the accident and the
average amount which he is earning or is able to earn in some
suitable employment or business after the accident. For
accidental injuries that occur on or after September 1, 2011,
an award for wage differential under this subsection shall be
effective only until the employee reaches the age of 67 or 5
years from the date the award becomes final, whichever is
later.
2. If, as a result of the accident, the employee sustains
serious and permanent injuries not covered by paragraphs (c)
and (e) of this Section or having sustained injuries covered by
the aforesaid paragraphs (c) and (e), he shall have sustained
in addition thereto other injuries which injuries do not
incapacitate him from pursuing the duties of his employment but
which would disable him from pursuing other suitable
occupations, or which have otherwise resulted in physical
impairment; or if such injuries partially incapacitate him from
pursuing the duties of his usual and customary line of
employment but do not result in an impairment of earning
capacity, or having resulted in an impairment of earning
capacity, the employee elects to waive his right to recover
under the foregoing subparagraph 1 of paragraph (d) of this
Section then in any of the foregoing events, he shall receive
in addition to compensation for temporary total disability
under paragraph (b) of this Section, compensation at the rate

SB2902 - 397 - LRB098 16889 JWD 51964 b
provided in subparagraph 2.1 of paragraph (b) of this Section
for that percentage of 500 weeks that the partial disability
resulting from the injuries covered by this paragraph bears to
total disability. If the employee shall have sustained a
fracture of one or more vertebra or fracture of the skull, the
amount of compensation allowed under this Section shall be not
less than 6 weeks for a fractured skull and 6 weeks for each
fractured vertebra, and in the event the employee shall have
sustained a fracture of any of the following facial bones:
nasal, lachrymal, vomer, zygoma, maxilla, palatine or
mandible, the amount of compensation allowed under this Section
shall be not less than 2 weeks for each such fractured bone,
and for a fracture of each transverse process not less than 3
weeks. In the event such injuries shall result in the loss of a
kidney, spleen or lung, the amount of compensation allowed
under this Section shall be not less than 10 weeks for each
such organ. Compensation awarded under this subparagraph 2
shall not take into consideration injuries covered under
paragraphs (c) and (e) of this Section and the compensation
provided in this paragraph shall not affect the employee's
right to compensation payable under paragraphs (b), (c) and (e)
of this Section for the disabilities therein covered.
(e) For accidental injuries in the following schedule, the
employee shall receive compensation for the period of temporary
total incapacity for work resulting from such accidental
injury, under subparagraph 1 of paragraph (b) of this Section,

SB2902 - 398 - LRB098 16889 JWD 51964 b
and shall receive in addition thereto compensation for a
further period for the specific loss herein mentioned, but
shall not receive any compensation under any other provisions
of this Act. The following listed amounts apply to either the
loss of or the permanent and complete loss of use of the member
specified, such compensation for the length of time as follows:
1. Thumb-
70 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
76 weeks if the accidental injury occurs on or
after February 1, 2006.
2. First, or index finger-
40 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
43 weeks if the accidental injury occurs on or
after February 1, 2006.
3. Second, or middle finger-
35 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
38 weeks if the accidental injury occurs on or
after February 1, 2006.
4. Third, or ring finger-
25 weeks if the accidental injury occurs on or

SB2902 - 399 - LRB098 16889 JWD 51964 b
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
27 weeks if the accidental injury occurs on or
after February 1, 2006.
5. Fourth, or little finger-
20 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
22 weeks if the accidental injury occurs on or
after February 1, 2006.
6. Great toe-
35 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
38 weeks if the accidental injury occurs on or
after February 1, 2006.
7. Each toe other than great toe-
12 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
13 weeks if the accidental injury occurs on or
after February 1, 2006.
8. The loss of the first or distal phalanx of the thumb
or of any finger or toe shall be considered to be equal to
the loss of one-half of such thumb, finger or toe and the
compensation payable shall be one-half of the amount above

SB2902 - 400 - LRB098 16889 JWD 51964 b
specified. The loss of more than one phalanx shall be
considered as the loss of the entire thumb, finger or toe.
In no case shall the amount received for more than one
finger exceed the amount provided in this schedule for the
loss of a hand.
9. Hand-
190 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
205 weeks if the accidental injury occurs on or
after February 1, 2006.
190 weeks if the accidental injury occurs on or
after June 28, 2011 (the effective date of Public Act
97-18) and if the accidental injury involves carpal
tunnel syndrome due to repetitive or cumulative
trauma, in which case the permanent partial disability
shall not exceed 15% loss of use of the hand, except
for cause shown by clear and convincing evidence and in
which case the award shall not exceed 30% loss of use
of the hand.
The loss of 2 or more digits, or one or more phalanges
of 2 or more digits, of a hand may be compensated on the
basis of partial loss of use of a hand, provided, further,
that the loss of 4 digits, or the loss of use of 4 digits,
in the same hand shall constitute the complete loss of a
hand.

SB2902 - 401 - LRB098 16889 JWD 51964 b
10. Arm-
235 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
253 weeks if the accidental injury occurs on or
after February 1, 2006.
Where an accidental injury results in the amputation of
an arm below the elbow, such injury shall be compensated as
a loss of an arm. Where an accidental injury results in the
amputation of an arm above the elbow, compensation for an
additional 15 weeks (if the accidental injury occurs on or
after the effective date of this amendatory Act of the 94th
General Assembly but before February 1, 2006) or an
additional 17 weeks (if the accidental injury occurs on or
after February 1, 2006) shall be paid, except where the
accidental injury results in the amputation of an arm at
the shoulder joint, or so close to shoulder joint that an
artificial arm cannot be used, or results in the
disarticulation of an arm at the shoulder joint, in which
case compensation for an additional 65 weeks (if the
accidental injury occurs on or after the effective date of
this amendatory Act of the 94th General Assembly but before
February 1, 2006) or an additional 70 weeks (if the
accidental injury occurs on or after February 1, 2006)
shall be paid.
11. Foot-

SB2902 - 402 - LRB098 16889 JWD 51964 b
155 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
167 weeks if the accidental injury occurs on or
after February 1, 2006.
12. Leg-
200 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
215 weeks if the accidental injury occurs on or
after February 1, 2006.
Where an accidental injury results in the amputation of
a leg below the knee, such injury shall be compensated as
loss of a leg. Where an accidental injury results in the
amputation of a leg above the knee, compensation for an
additional 25 weeks (if the accidental injury occurs on or
after the effective date of this amendatory Act of the 94th
General Assembly but before February 1, 2006) or an
additional 27 weeks (if the accidental injury occurs on or
after February 1, 2006) shall be paid, except where the
accidental injury results in the amputation of a leg at the
hip joint, or so close to the hip joint that an artificial
leg cannot be used, or results in the disarticulation of a
leg at the hip joint, in which case compensation for an
additional 75 weeks (if the accidental injury occurs on or
after the effective date of this amendatory Act of the 94th

SB2902 - 403 - LRB098 16889 JWD 51964 b
General Assembly but before February 1, 2006) or an
additional 81 weeks (if the accidental injury occurs on or
after February 1, 2006) shall be paid.
13. Eye-
150 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
162 weeks if the accidental injury occurs on or
after February 1, 2006.
Where an accidental injury results in the enucleation
of an eye, compensation for an additional 10 weeks (if the
accidental injury occurs on or after the effective date of
this amendatory Act of the 94th General Assembly but before
February 1, 2006) or an additional 11 weeks (if the
accidental injury occurs on or after February 1, 2006)
shall be paid.
14. Loss of hearing of one ear-
50 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
54 weeks if the accidental injury occurs on or
after February 1, 2006.
Total and permanent loss of hearing of both ears-
200 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.

SB2902 - 404 - LRB098 16889 JWD 51964 b
215 weeks if the accidental injury occurs on or
after February 1, 2006.
15. Testicle-
50 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
54 weeks if the accidental injury occurs on or
after February 1, 2006.
Both testicles-
150 weeks if the accidental injury occurs on or
after the effective date of this amendatory Act of the
94th General Assembly but before February 1, 2006.
162 weeks if the accidental injury occurs on or
after February 1, 2006.
16. For the permanent partial loss of use of a member
or sight of an eye, or hearing of an ear, compensation
during that proportion of the number of weeks in the
foregoing schedule provided for the loss of such member or
sight of an eye, or hearing of an ear, which the partial
loss of use thereof bears to the total loss of use of such
member, or sight of eye, or hearing of an ear.
(a) Loss of hearing for compensation purposes
shall be confined to the frequencies of 1,000, 2,000
and 3,000 cycles per second. Loss of hearing ability
for frequency tones above 3,000 cycles per second are
not to be considered as constituting disability for

SB2902 - 405 - LRB098 16889 JWD 51964 b
hearing.
(b) The percent of hearing loss, for purposes of
the determination of compensation claims for
occupational deafness, shall be calculated as the
average in decibels for the thresholds of hearing for
the frequencies of 1,000, 2,000 and 3,000 cycles per
second. Pure tone air conduction audiometric
instruments, approved by nationally recognized
authorities in this field, shall be used for measuring
hearing loss. If the losses of hearing average 30
decibels or less in the 3 frequencies, such losses of
hearing shall not then constitute any compensable
hearing disability. If the losses of hearing average 85
decibels or more in the 3 frequencies, then the same
shall constitute and be total or 100% compensable
hearing loss.
(c) In measuring hearing impairment, the lowest
measured losses in each of the 3 frequencies shall be
added together and divided by 3 to determine the
average decibel loss. For every decibel of loss
exceeding 30 decibels an allowance of 1.82% shall be
made up to the maximum of 100% which is reached at 85
decibels.
(d) If a hearing loss is established to have
existed on July 1, 1975 by audiometric testing the
employer shall not be liable for the previous loss so

SB2902 - 406 - LRB098 16889 JWD 51964 b
established nor shall he be liable for any loss for
which compensation has been paid or awarded.
(e) No consideration shall be given to the question
of whether or not the ability of an employee to
understand speech is improved by the use of a hearing
aid.
(f) No claim for loss of hearing due to industrial
noise shall be brought against an employer or allowed
unless the employee has been exposed for a period of
time sufficient to cause permanent impairment to noise
levels in excess of the following:
Sound Level DBA
Slow Response Hours Per Day
90 8
92 6
95 4
97 3
100 2
102 1-1/2
105 1
110 1/2
115 1/4
This subparagraph (f) shall not be applied in cases of
hearing loss resulting from trauma or explosion.
17. In computing the compensation to be paid to any
employee who, before the accident for which he claims

SB2902 - 407 - LRB098 16889 JWD 51964 b
compensation, had before that time sustained an injury
resulting in the loss by amputation or partial loss by
amputation of any member, including hand, arm, thumb or
fingers, leg, foot or any toes, such loss or partial loss
of any such member shall be deducted from any award made
for the subsequent injury. For the permanent loss of use or
the permanent partial loss of use of any such member or the
partial loss of sight of an eye, for which compensation has
been paid, then such loss shall be taken into consideration
and deducted from any award for the subsequent injury.
18. The specific case of loss of both hands, both arms,
or both feet, or both legs, or both eyes, or of any two
thereof, or the permanent and complete loss of the use
thereof, constitutes total and permanent disability, to be
compensated according to the compensation fixed by
paragraph (f) of this Section. These specific cases of
total and permanent disability do not exclude other cases.
Any employee who has previously suffered the loss or
permanent and complete loss of the use of any of such
members, and in a subsequent independent accident loses
another or suffers the permanent and complete loss of the
use of any one of such members the employer for whom the
injured employee is working at the time of the last
independent accident is liable to pay compensation only for
the loss or permanent and complete loss of the use of the
member occasioned by the last independent accident.

SB2902 - 408 - LRB098 16889 JWD 51964 b
19. In a case of specific loss and the subsequent death
of such injured employee from other causes than such injury
leaving a widow, widower, or dependents surviving before
payment or payment in full for such injury, then the amount
due for such injury is payable to the widow or widower and,
if there be no widow or widower, then to such dependents,
in the proportion which such dependency bears to total
dependency.
Beginning July 1, 1980, and every 6 months thereafter, the
Commission shall examine the Second Injury Fund and when, after
deducting all advances or loans made to such Fund, the amount
therein is $500,000 then the amount required to be paid by
employers pursuant to paragraph (f) of Section 7 shall be
reduced by one-half. When the Second Injury Fund reaches the
sum of $600,000 then the payments shall cease entirely.
However, when the Second Injury Fund has been reduced to
$400,000, payment of one-half of the amounts required by
paragraph (f) of Section 7 shall be resumed, in the manner
herein provided, and when the Second Injury Fund has been
reduced to $300,000, payment of the full amounts required by
paragraph (f) of Section 7 shall be resumed, in the manner
herein provided. The Commission shall make the changes in
payment effective by general order, and the changes in payment
become immediately effective for all cases coming before the
Commission thereafter either by settlement agreement or final
order, irrespective of the date of the accidental injury.

SB2902 - 409 - LRB098 16889 JWD 51964 b
On August 1, 1996 and on February 1 and August 1 of each
subsequent year, the Commission shall examine the special fund
designated as the "Rate Adjustment Fund" and when, after
deducting all advances or loans made to said fund, the amount
therein is $4,000,000, the amount required to be paid by
employers pursuant to paragraph (f) of Section 7 shall be
reduced by one-half. When the Rate Adjustment Fund reaches the
sum of $5,000,000 the payment therein shall cease entirely.
However, when said Rate Adjustment Fund has been reduced to
$3,000,000 the amounts required by paragraph (f) of Section 7
shall be resumed in the manner herein provided.
(f) In case of complete disability, which renders the
employee wholly and permanently incapable of work, or in the
specific case of total and permanent disability as provided in
subparagraph 18 of paragraph (e) of this Section, compensation
shall be payable at the rate provided in subparagraph 2 of
paragraph (b) of this Section for life.
An employee entitled to benefits under paragraph (f) of
this Section shall also be entitled to receive from the Rate
Adjustment Fund provided in paragraph (f) of Section 7 of the
supplementary benefits provided in paragraph (g) of this
Section 8.
If any employee who receives an award under this paragraph
afterwards returns to work or is able to do so, and earns or is
able to earn as much as before the accident, payments under
such award shall cease. If such employee returns to work, or is

SB2902 - 410 - LRB098 16889 JWD 51964 b
able to do so, and earns or is able to earn part but not as much
as before the accident, such award shall be modified so as to
conform to an award under paragraph (d) of this Section. If
such award is terminated or reduced under the provisions of
this paragraph, such employees have the right at any time
within 30 months after the date of such termination or
reduction to file petition with the Commission for the purpose
of determining whether any disability exists as a result of the
original accidental injury and the extent thereof.
Disability as enumerated in subdivision 18, paragraph (e)
of this Section is considered complete disability.
If an employee who had previously incurred loss or the
permanent and complete loss of use of one member, through the
loss or the permanent and complete loss of the use of one hand,
one arm, one foot, one leg, or one eye, incurs permanent and
complete disability through the loss or the permanent and
complete loss of the use of another member, he shall receive,
in addition to the compensation payable by the employer and
after such payments have ceased, an amount from the Second
Injury Fund provided for in paragraph (f) of Section 7, which,
together with the compensation payable from the employer in
whose employ he was when the last accidental injury was
incurred, will equal the amount payable for permanent and
complete disability as provided in this paragraph of this
Section.
The custodian of the Second Injury Fund provided for in

SB2902 - 411 - LRB098 16889 JWD 51964 b
paragraph (f) of Section 7 shall be joined with the employer as
a party respondent in the application for adjustment of claim.
The application for adjustment of claim shall state briefly and
in general terms the approximate time and place and manner of
the loss of the first member.
In its award the Commission or the Arbitrator shall
specifically find the amount the injured employee shall be
weekly paid, the number of weeks compensation which shall be
paid by the employer, the date upon which payments begin out of
the Second Injury Fund provided for in paragraph (f) of Section
7 of this Act, the length of time the weekly payments continue,
the date upon which the pension payments commence and the
monthly amount of the payments. The Commission shall 30 days
after the date upon which payments out of the Second Injury
Fund have begun as provided in the award, and every month
thereafter, prepare and submit to the State Comptroller a
voucher for payment for all compensation accrued to that date
at the rate fixed by the Commission. The State Comptroller
shall draw a warrant to the injured employee along with a
receipt to be executed by the injured employee and returned to
the Commission. The endorsed warrant and receipt is a full and
complete acquittance to the Commission for the payment out of
the Second Injury Fund. No other appropriation or warrant is
necessary for payment out of the Second Injury Fund. The Second
Injury Fund is appropriated for the purpose of making payments
according to the terms of the awards.

SB2902 - 412 - LRB098 16889 JWD 51964 b
As of July 1, 1980 to July 1, 1982, all claims against and
obligations of the Second Injury Fund shall become claims
against and obligations of the Rate Adjustment Fund to the
extent there is insufficient money in the Second Injury Fund to
pay such claims and obligations. In that case, all references
to "Second Injury Fund" in this Section shall also include the
Rate Adjustment Fund.
(g) Every award for permanent total disability entered by
the Commission on and after July 1, 1965 under which
compensation payments shall become due and payable after the
effective date of this amendatory Act, and every award for
death benefits or permanent total disability entered by the
Commission on and after the effective date of this amendatory
Act shall be subject to annual adjustments as to the amount of
the compensation rate therein provided. Such adjustments shall
first be made on July 15, 1977, and all awards made and entered
prior to July 1, 1975 and on July 15 of each year thereafter.
In all other cases such adjustment shall be made on July 15 of
the second year next following the date of the entry of the
award and shall further be made on July 15 annually thereafter.
If during the intervening period from the date of the entry of
the award, or the last periodic adjustment, there shall have
been an increase in the State's average weekly wage in covered
industries under the Unemployment Insurance Act, the weekly
compensation rate shall be proportionately increased by the
same percentage as the percentage of increase in the State's

SB2902 - 413 - LRB098 16889 JWD 51964 b
average weekly wage in covered industries under the
Unemployment Insurance Act. The increase in the compensation
rate under this paragraph shall in no event bring the total
compensation rate to an amount greater than the prevailing
maximum rate at the time that the annual adjustment is made.
Such increase shall be paid in the same manner as herein
provided for payments under the Second Injury Fund to the
injured employee, or his dependents, as the case may be, out of
the Rate Adjustment Fund provided in paragraph (f) of Section 7
of this Act. Payments shall be made at the same intervals as
provided in the award or, at the option of the Commission, may
be made in quarterly payment on the 15th day of January, April,
July and October of each year. In the event of a decrease in
such average weekly wage there shall be no change in the then
existing compensation rate. The within paragraph shall not
apply to cases where there is disputed liability and in which a
compromise lump sum settlement between the employer and the
injured employee, or his dependents, as the case may be, has
been duly approved by the Illinois Workers' Compensation
Commission.
Provided, that in cases of awards entered by the Commission
for injuries occurring before July 1, 1975, the increases in
the compensation rate adjusted under the foregoing provision of
this paragraph (g) shall be limited to increases in the State's
average weekly wage in covered industries under the
Unemployment Insurance Act occurring after July 1, 1975.

SB2902 - 414 - LRB098 16889 JWD 51964 b
For every accident occurring on or after July 20, 2005 but
before the effective date of this amendatory Act of the 94th
General Assembly (Senate Bill 1283 of the 94th General
Assembly), the annual adjustments to the compensation rate in
awards for death benefits or permanent total disability, as
provided in this Act, shall be paid by the employer. The
adjustment shall be made by the employer on July 15 of the
second year next following the date of the entry of the award
and shall further be made on July 15 annually thereafter. If
during the intervening period from the date of the entry of the
award, or the last periodic adjustment, there shall have been
an increase in the State's average weekly wage in covered
industries under the Unemployment Insurance Act, the employer
shall increase the weekly compensation rate proportionately by
the same percentage as the percentage of increase in the
State's average weekly wage in covered industries under the
Unemployment Insurance Act. The increase in the compensation
rate under this paragraph shall in no event bring the total
compensation rate to an amount greater than the prevailing
maximum rate at the time that the annual adjustment is made. In
the event of a decrease in such average weekly wage there shall
be no change in the then existing compensation rate. Such
increase shall be paid by the employer in the same manner and
at the same intervals as the payment of compensation in the
award. This paragraph shall not apply to cases where there is
disputed liability and in which a compromise lump sum

SB2902 - 415 - LRB098 16889 JWD 51964 b
settlement between the employer and the injured employee, or
his or her dependents, as the case may be, has been duly
approved by the Illinois Workers' Compensation Commission.
The annual adjustments for every award of death benefits or
permanent total disability involving accidents occurring
before July 20, 2005 and accidents occurring on or after the
effective date of this amendatory Act of the 94th General
Assembly (Senate Bill 1283 of the 94th General Assembly) shall
continue to be paid from the Rate Adjustment Fund pursuant to
this paragraph and Section 7(f) of this Act.
(h) In case death occurs from any cause before the total
compensation to which the employee would have been entitled has
been paid, then in case the employee leaves any widow, widower,
child, parent (or any grandchild, grandparent or other lineal
heir or any collateral heir dependent at the time of the
accident upon the earnings of the employee to the extent of 50%
or more of total dependency) such compensation shall be paid to
the beneficiaries of the deceased employee and distributed as
provided in paragraph (g) of Section 7.
(h-1) In case an injured employee is under legal disability
at the time when any right or privilege accrues to him or her
under this Act, a guardian may be appointed pursuant to law,
and may, on behalf of such person under legal disability, claim
and exercise any such right or privilege with the same effect
as if the employee himself or herself had claimed or exercised
the right or privilege. No limitations of time provided by this

SB2902 - 416 - LRB098 16889 JWD 51964 b
Act run so long as the employee who is under legal disability
is without a conservator or guardian.
(i) In case the injured employee is under 16 years of age
at the time of the accident and is illegally employed, the
amount of compensation payable under paragraphs (b), (c), (d),
(e) and (f) of this Section is increased 50%.
However, where an employer has on file an employment
certificate issued pursuant to the Child Labor Law or work
permit issued pursuant to the Federal Fair Labor Standards Act,
as amended, or a birth certificate properly and duly issued,
such certificate, permit or birth certificate is conclusive
evidence as to the age of the injured minor employee for the
purposes of this Section.
Nothing herein contained repeals or amends the provisions
of the Child Labor Law relating to the employment of minors
under the age of 16 years.
(j) 1. In the event the injured employee receives benefits,
including medical, surgical or hospital benefits under any
group plan covering non-occupational disabilities contributed
to wholly or partially by the employer, which benefits should
not have been payable if any rights of recovery existed under
this Act, then such amounts so paid to the employee from any
such group plan as shall be consistent with, and limited to,
the provisions of paragraph 2 hereof, shall be credited to or
against any compensation payment for temporary total
incapacity for work or any medical, surgical or hospital

SB2902 - 417 - LRB098 16889 JWD 51964 b
benefits made or to be made under this Act. In such event, the
period of time for giving notice of accidental injury and
filing application for adjustment of claim does not commence to
run until the termination of such payments. This paragraph does
not apply to payments made under any group plan which would
have been payable irrespective of an accidental injury under
this Act. Any employer receiving such credit shall keep such
employee safe and harmless from any and all claims or
liabilities that may be made against him by reason of having
received such payments only to the extent of such credit.
Any excess benefits paid to or on behalf of a State
employee by the State Employees' Retirement System under
Article 14 of the Illinois Pension Code on a death claim or
disputed disability claim shall be credited against any
payments made or to be made by the State of Illinois to or on
behalf of such employee under this Act, except for payments for
medical expenses which have already been incurred at the time
of the award. The State of Illinois shall directly reimburse
the State Employees' Retirement System to the extent of such
credit.
2. Nothing contained in this Act shall be construed to give
the employer or the insurance carrier the right to credit for
any benefits or payments received by the employee other than
compensation payments provided by this Act, and where the
employee receives payments other than compensation payments,
whether as full or partial salary, group insurance benefits,

SB2902 - 418 - LRB098 16889 JWD 51964 b
bonuses, annuities or any other payments, the employer or
insurance carrier shall receive credit for each such payment
only to the extent of the compensation that would have been
payable during the period covered by such payment.
3. The extension of time for the filing of an Application
for Adjustment of Claim as provided in paragraph 1 above shall
not apply to those cases where the time for such filing had
expired prior to the date on which payments or benefits
enumerated herein have been initiated or resumed. Provided
however that this paragraph 3 shall apply only to cases wherein
the payments or benefits hereinabove enumerated shall be
received after July 1, 1969.
(Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11; 97-813,
eff. 7-13-12.)
(820 ILCS 305/26.1)
Sec. 26.1. Misclassification of employees as independent
contractors. The Department of Labor, the Department of
Workforce Development Employment Security, the Department of
Revenue, the Office of the State Comptroller, and the Illinois
Workers' Compensation Commission shall cooperate under the
Employee Classification Act by sharing information concerning
any suspected misclassification by an employer or entity, as
defined in the Employee Classification Act, of one or more
employees as independent contractors.
(Source: P.A. 95-26, eff. 1-1-08.)

SB2902 - 419 - LRB098 16889 JWD 51964 b
Section 355. The Unemployment Insurance Act is amended by
changing Sections 201, 702, 801, 1003, 1403, 1500, 1511,
1511.1, 1700, 1703, 1704.1, 1705, 1800, 2100, 2101, 2103, 2302,
2405, and 2600 as follows:
(820 ILCS 405/201) (from Ch. 48, par. 311)
Sec. 201. "Director" means the Director of Workforce
Development the Department of Employment Security, and
"Department" means the Department of Workforce Development
Employment Security.
(Source: P.A. 83-1503.)
(820 ILCS 405/702) (from Ch. 48, par. 452)
Sec. 702. Determinations. The claims adjudicator shall for
each week with respect to which the claimant claims benefits or
waiting period credit, make a "determination" which shall state
whether or not the claimant is eligible for such benefits or
waiting period credit and the sum to be paid the claimant with
respect to such week. The claims adjudicator shall promptly
notify the claimant and such employing unit as shall, within
the time and in the manner prescribed by the Director, have
filed a sufficient allegation that the claimant is ineligible
to receive benefits or waiting period credit for said week, of
his "determination" and the reasons therefor. The Director may,
by rule adopted with the advice and aid of the Workforce

SB2902 - 420 - LRB098 16889 JWD 51964 b
Development Employment Security Advisory Board, require that
an employing unit with 50 or more individuals in its employ
during the prior calendar year, or an entity representing 5 or
more employing units during the prior calendar year, file an
allegation of ineligibility electronically in a manner
prescribed by the Director. In making his "determination," the
claims adjudicator shall give consideration to the
information, if any, contained in the employing unit's
allegation, whether or not the allegation is sufficient. The
claims adjudicator shall deem an employing unit's allegation
sufficient only if it contains a reason or reasons therefor
(other than general conclusions of law, and statements such as
"not actively seeking work" or "not available for work" shall
be deemed, for this purpose, to be conclusions of law). If the
claims adjudicator deems an allegation insufficient, he shall
make a decision accordingly, and shall notify the employing
unit of such decision and the reasons therefor. Such decision
may be appealed by the employing unit to a Referee within the
time limits prescribed by Section 800 for appeal from a
"determination". Any such appeal, and any appeal from the
Referee's decision thereon, shall be governed by the applicable
provisions of Sections 801, 803, 804 and 805.
(Source: P.A. 97-621, eff. 11-18-11.)
(820 ILCS 405/801) (from Ch. 48, par. 471)
Sec. 801. Decision of referee or director.

SB2902 - 421 - LRB098 16889 JWD 51964 b
A. Unless such appeal is withdrawn, a Referee or the
Director, as the case may be, shall afford the parties
reasonable opportunity for a fair hearing. At any hearing, the
record of the claimant's registration for work, or of the
claimant's certification that, during the week or weeks
affected by the hearing, he was able to work, available for
work, and actively seeking work, or any document in the files
of the Department of Workforce Development Employment Security
submitted to it by any of the parties, shall be a part of the
record, and shall be competent evidence bearing upon the
issues. The failure of the claimant or other party to appear at
a hearing, unless he is the appellant, shall not preclude a
decision in his favor if, on the basis of all the information
in the record, he is entitled to such decision. The Referee or
the Director, as the case may be, shall affirm, modify, or set
aside the claims adjudicator's "finding" or "determination,"
or both, as the case may be, or may remand the case, in whole or
in part, to the claims adjudicator, and, in such event, shall
state the questions requiring further consideration, and give
such other instructions as may be necessary. The parties shall
be duly notified of such decision, together with the reasons
therefor. The decision of the Referee shall be final, unless,
within 30 calendar days after the date of mailing of such
decision, further appeal to the Board of Review is initiated
pursuant to Section 803.
B. Except as otherwise provided in this subsection, the

SB2902 - 422 - LRB098 16889 JWD 51964 b
Director may by regulation allow the Referee, upon the request
of a party for good cause shown, before or after the Referee
issues his decision, to reopen the record to take additional
evidence or to reconsider the Referee's decision or both to
reopen the record and reconsider the Referee's decision. Where
the Referee issues a decision, he shall not reconsider his
decision or reopen the record to take additional evidence after
an appeal of the decision is initiated pursuant to Section 803
or if the request is made more than 30 calendar days, or fewer
days if prescribed by the Director, after the date of mailing
of the Referee's decision. The allowance or denial of a request
to reopen the record, where the request is made before the
Referee issues a decision, is not separately appealable but may
be raised as part of the appeal of the Referee's decision. The
allowance of a request to reconsider is not separately
appealable but may be raised as part of the appeal of the
Referee's reconsidered decision. A party may appeal the denial
of a timely request to reconsider a decision within 30 calendar
days after the date of mailing of notice of such denial, and
any such appeal shall constitute a timely appeal of both the
denial of the request to reconsider and the Referee's decision.
Whenever reference is made in this Act to the Referee's
decision, the term "decision" includes a reconsidered decision
under this subsection.
(Source: P.A. 88-655, eff. 9-16-94.)

SB2902 - 423 - LRB098 16889 JWD 51964 b
(820 ILCS 405/1003) (from Ch. 48, par. 503)
Sec. 1003. Depositions. The deposition of any witness
residing within or without the State may be taken at the
instance of any claims adjudicator, Referee, member of the
Board of Review, field auditor, Director's representative, or
any of the parties to any proceeding arising under the
provisions of this Act in the manner prescribed by law for the
taking of like depositions in civil cases in the courts of this
State. The Director may, at the request of any such person,
issue a dedimus potestatem or commission under the seal of the
Department of Workforce Development Employment Security in the
same manner as the proper clerk's office is authorized to issue
such dedimus potestatem or commission under the seal of the
court in connection with any matter pending in the circuit
courts of this State.
(Source: P.A. 83-1503.)
(820 ILCS 405/1403) (from Ch. 48, par. 553)
Sec. 1403. Financing benefits paid to state employees.
Benefits paid to individuals with respect to whom this State or
any of its wholly owned instrumentalities is the last employer
as provided in Section 1502.1 shall be financed by
appropriations to the Department of Workforce Development
Employment Security.
The State Treasurer shall be liable on his general official
bond for the faithful performance of his duties with regard to

SB2902 - 424 - LRB098 16889 JWD 51964 b
such moneys as may come into his hands by virtue of this
Section. Such liability on his official bond shall exist in
addition to the liability upon any separate bond given by him.
All sums recovered for losses sustained by the clearing account
herein described shall be deposited therein.
In lieu of contributions required of other employers under
this Act, the State Treasurer shall transfer to and deposit in
the clearing account an amount equal to 100% of regular
benefits, including dependents' allowances, and 100% of
extended benefits, including dependents' allowances paid to an
individual, but only if the State: (a) is the last employer as
provided in Section 1502.1 and (b) paid, to the individual
receiving benefits, wages for insured work during his base
period. If the State meets the requirements of (a) but not (b),
it shall be required to make payments in an amount equal to 50%
of regular benefits, including dependents' allowances, and 50%
of extended benefits, including dependents' allowances, paid
to an individual.
On and after July 1, 2005, transfers to the clearing
account pursuant to this Section shall be made directly from
such funds and accounts as the appropriations to the Department
authorize, as designated by the Director. On July 1, 2005, or
as soon thereafter as may be reasonably practicable, all
remaining funds in the State Employees' Unemployment Benefit
Fund shall be transferred to the clearing account, and, upon
the transfer of those funds, the State Employees' Unemployment

SB2902 - 425 - LRB098 16889 JWD 51964 b
Benefit Fund is abolished.
The Director shall ascertain the amount to be so
transferred and deposited by the State Treasurer as soon as
practicable after the end of each calendar quarter. The
provisions of paragraphs 4 and 5 of Section 1404B shall be
applicable to a determination of the amount to be so
transferred and deposited. Such deposit shall be made by the
State Treasurer at such times and in such manner as the
Director may determine and direct.
Every department, institution, agency and instrumentality
of the State of Illinois shall make available to the Director
such information with respect to any individual who has
performed insured work for it as the Director may find
practicable and necessary for the determination of such
individual's rights under this Act. Each such department,
institution, agency and instrumentality shall file such
reports with the Director as he may by regulation prescribe.
(Source: P.A. 94-233, eff. 7-14-05.)
(820 ILCS 405/1500) (from Ch. 48, par. 570)
Sec. 1500. Rate of contribution.
A. For the six months' period beginning July 1, 1937, and
for each of the calendar years 1938 to 1959, inclusive, each
employer shall pay contributions on wages at the percentages
specified in or determined in accordance with the provisions of
this Act as amended and in effect on July 11, 1957.

SB2902 - 426 - LRB098 16889 JWD 51964 b
B. For the calendar years 1960 through 1983, each employer
shall pay contributions equal to 2.7 percent with respect to
wages for insured work paid during each such calendar year,
except that the contribution rate of each employer who has
incurred liability for the payment of contributions within each
of the three calendar years immediately preceding the calendar
year for which a rate is being determined, shall be determined
as provided in Sections 1501 to 1507, inclusive.
For the calendar year 1984 and each calendar year
thereafter, each employer shall pay contributions at a
percentage rate equal to the greatest of 2.7%, or 2.7%
multiplied by the current adjusted State experience factor, as
determined for each calendar year by the Director in accordance
with the provisions of Sections 1504 and 1505, or the average
contribution rate for his major classification in the Standard
Industrial Code, or another classification sanctioned by the
United States Department of Labor and prescribed by the
Director by rule, with respect to wages for insured work paid
during such year. The Director of Employment Security (now
Workforce Development) shall determine for calendar year 1984
and each calendar year thereafter by a method pursuant to
adopted rules each individual employer's industrial code and
the average contribution rate for each major classification in
the Standard Industrial Code, or each other classification
sanctioned by the United States Department of Labor and
prescribed by the Director by rule. Notwithstanding the

SB2902 - 427 - LRB098 16889 JWD 51964 b
preceding provisions of this paragraph, the contribution rate
for calendar years 1984, 1985 and 1986 of each employer who has
incurred liability for the payment of contributions within each
of the two calendar years immediately preceding the calendar
year for which a rate is being determined, and the contribution
rate for calendar year 1987 and each calendar year thereafter
of each employer who has incurred liability for the payment of
contributions within each of the three calendar years
immediately preceding the calendar year for which a rate is
being determined shall be determined as provided in Sections
1501 to 1507.1, inclusive. Provided, however, that the
contribution rate for calendar years 1989 and 1990 of each
employer who has had experience with the risk of unemployment
for at least 13 consecutive months ending June 30 of the
preceding calendar year shall be a rate determined in
accordance with this Section or a rate determined as if it had
been calculated in accordance with Sections 1501 through 1507,
inclusive, whichever is greater, except that for purposes of
calculating the benefit wage ratio as provided in Section 1503,
such benefit wage ratio shall be a percentage equal to the
total of benefit wages for the 12 consecutive calendar month
period ending on the above preceding June 30, divided by the
total wages for insured work subject to the payment of
contributions under Sections 234, 235 and 245 for the same
period and provided, further, however, that the contribution
rate for calendar year 1991 and for each calendar year

SB2902 - 428 - LRB098 16889 JWD 51964 b
thereafter of each employer who has had experience with the
risk of unemployment for at least 13 consecutive months ending
June 30 of the preceding calendar year shall be a rate
determined in accordance with this Section or a rate determined
as if it had been calculated in accordance with Sections 1501
through 1507.1, inclusive, whichever is greater, except that
for purposes of calculating the benefit ratio as provided in
Section 1503.1, such benefit ratio shall be a percentage equal
to the total of benefit charges for the 12 consecutive calendar
month period ending on the above preceding June 30, multiplied
by the benefit conversion factor applicable to such year,
divided by the total wages for insured work subject to the
payment of contributions under Sections 234, 235 and 245 for
the same period.
C. Except as expressly provided in this Act, the provisions
of Sections 1500 to 1510, inclusive, do not apply to any
nonprofit organization for any period with respect to which it
does not incur liability for the payment of contributions by
reason of having elected to make payments in lieu of
contributions, or to any political subdivision or municipal
corporation for any period with respect to which it is not
subject to payments in lieu of contributions under the
provisions of paragraph 1 of Section 302C by reason of having
elected to make payments in lieu of contributions under
paragraph 2 of that Section or to any governmental entity
referred to in clause (B) of Section 211.1. Wages paid to an

SB2902 - 429 - LRB098 16889 JWD 51964 b
individual which are subject to contributions under Section
1405 A, or on the basis of which benefits are paid to him which
are subject to payment in lieu of contributions under Sections
1403, 1404, or 1405 B, or under paragraph 2 of Section 302C,
shall not become benefit wages or benefit charges under the
provisions of Sections 1501 or 1501.1, respectively, except for
purposes of determining a rate of contribution for 1984 and
each calendar year thereafter for any governmental entity
referred to in clause (B) of Section 211.1 which does not elect
to make payments in lieu of contributions.
D. If an employer's business is closed solely because of
the entrance of one or more of the owners, partners, officers,
or the majority stockholder into the armed forces of the United
States, or of any of its allies, or of the United Nations, and,
if the business is resumed within two years after the discharge
or release of such person or persons from active duty in the
armed forces, the employer will be deemed to have incurred
liability for the payment of contributions continuously
throughout such period. Such an employer, for the purposes of
Section 1506.1, will be deemed to have paid contributions upon
wages for insured work during the applicable period specified
in Section 1503 on or before the date designated therein,
provided that no wages became benefit wages during the
applicable period specified in Section 1503.
(Source: P.A. 94-301, eff. 1-1-06.)

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(820 ILCS 405/1511) (from Ch. 48, par. 581)
Sec. 1511. Study of experience rating. The Workforce
Development Employment Security Advisory Board, created by
Section 5-540 of the Departments of State Government Law (20
ILCS 5/5-540), is hereby authorized and directed to study and
examine the present provisions of this Act providing for
experience rating, in order to determine whether the rates of
contribution will operate to replenish the amount of benefits
paid and to determine the effect of experience rating upon
labor and industry in this State.
The Board shall submit its findings and recommendations
based thereon to the General Assembly. The Board may employ
such experts and assistants as may be necessary to carry out
the provisions of this Section. All expenses incurred in the
making of this study, including the preparation and submission
of its findings and recommendations, shall be paid in the same
manner as is provided for the payment of costs of
administration of this Act.
(Source: P.A. 90-372, eff. 7-1-98; 91-239, eff. 1-1-00.)
(820 ILCS 405/1511.1)
Sec. 1511.1. Effects of 2004 Solvency Legislation. The
Workforce Development Employment Security Advisory Board shall
hold public hearings on the progress toward meeting the Trust
Fund solvency projections made in accordance with this
amendatory Act of the 93d General Assembly. The hearings shall

SB2902 - 431 - LRB098 16889 JWD 51964 b
also consider issues related to benefit eligibility, benefit
levels, employer contributions, and future trust fund solvency
goals. The Board shall, in accordance with its operating
resolutions, approve and report findings from the hearings to
the Illinois General Assembly by April 1, 2007. A copy of the
findings shall be available to the public on the Department's
website.
(Source: P.A. 93-634, eff. 1-1-04.)
(820 ILCS 405/1700) (from Ch. 48, par. 610)
Sec. 1700. Duties and powers of Director. It shall be the
duty of the Director to administer this Act. To effect such
administration, there is created the Department of Workforce
Development Employment Security, under the supervision and
direction of a Director of Employment Security. The Department
of Workforce Development Employment Security shall administer
programs for unemployment compensation and a State employment
service. The Director shall determine all questions of general
policy, promulgate rules and regulations and be responsible for
the administration of this Act.
(Source: P.A. 84-26.)
(820 ILCS 405/1703) (from Ch. 48, par. 613)
Sec. 1703. Advisory councils.
The Director may appoint local or industry advisory
councils, composed in each case of an equal number of employer

SB2902 - 432 - LRB098 16889 JWD 51964 b
representatives and employee representatives who may fairly be
regarded as such because of their vocation, employment, or
affiliations, and of such members representing the general
public as the Director may designate. The Workforce Development
Employment Security Advisory Board and the local councils
appointed by the Director pursuant to this Section shall aid
the Director in formulating policies and discussing problems
related to the administration of this Act and in assuring
impartiality and freedom from political influence in the
solution of such problems. The Workforce Development
Employment Security Advisory Board and such local advisory
councils shall serve without compensation, but shall be
reimbursed for any necessary expenses.
(Source: P.A. 76-1063.)
(820 ILCS 405/1704.1) (from Ch. 48, par. 614.1)
Sec. 1704.1. Earnfare Program.
(a) The Department of Workforce Development Employment
Security shall cooperate and enter into or continue any
necessary agreements with the Department of Human Services
(acting as successor to the Department of Public Aid under the
Department of Human Services Act) to advertise and promote the
Earnfare Program to all employers, recruit public and private
employers to participate in the Earnfare Program, refer
recruited employers to the Department of Human Services for
contract negotiations, and to notify the Department of Human

SB2902 - 433 - LRB098 16889 JWD 51964 b
Services of available job listings as they occur.
(b) The Department of Human Services will furnish terminals
or terminal access of its Job Listings to community based
organizations in the most cost effective manner to both.
(Source: P.A. 89-507, eff. 7-1-97.)
(820 ILCS 405/1705) (from Ch. 48, par. 615)
Sec. 1705. Employment offices; State employment service.
The Director shall create as many employment districts and
establish and maintain as many State employment offices as he
or she deems necessary to carry out the provisions of this Act.
All such offices and agencies so created and established shall
constitute the State employment service within the meaning of
this Act. The Department of Workforce Development Employment
Security and the Director thereof may continue to be the State
agency for cooperation with the United States Employment
Service under an Act of Congress entitled "An Act to provide
for the establishment of a national employment system and for
cooperation with the States in the promotion of such system,
and for other purposes," approved June 6, 1933, as amended.
The Director may cooperate with or enter into agreements
with the Railroad Retirement Board with respect to the
establishment, maintenance, and use of free employment service
facilities. For the purpose of establishing and maintaining
free public employment offices, the Director is authorized to
enter into agreements with the Railroad Retirement Board, or

SB2902 - 434 - LRB098 16889 JWD 51964 b
any other agency of the United States charged with the
administration of an unemployment compensation law, or with any
political subdivision of this State, and as a part of any such
agreement the Director may accept moneys, services, or quarters
as a contribution, to be treated in the same manner as funds
received pursuant to Section 2103.
Pursuant to Sections 4-6.2, 5-16.2, and 6-50.2 of the
general election law of the State, the Director shall make
unemployment offices available for use as temporary places of
registration. Registration within the offices shall be in the
most public, orderly, and convenient portions thereof, and
Sections 4-3, 5-3, and 11-4 of the general election law
relative to the attendance of police officers during the
conduct of registration shall apply. Registration under this
Section shall be made in the manner provided by Sections 4-8,
4-10, 5-7, 5-9, 6-34, 6-35, and 6-37 of the general election
law. Employees of the Department in those offices are eligible
to serve as deputy registrars.
(Source: P.A. 97-621, eff. 11-18-11.)
(820 ILCS 405/1800) (from Ch. 48, par. 630)
Sec. 1800. Records and reports required of employing units -
Inspection. Each employing unit shall keep such true and
accurate records with respect to services performed for it as
may be required by the rules and regulations of the Director
promulgated pursuant to the provisions of this Act. Such

SB2902 - 435 - LRB098 16889 JWD 51964 b
records together with such other books and documents as may be
necessary to verify the entries in such records shall be open
to inspection by the Director or his authorized representative
at any reasonable time and as often as may be necessary. Every
employer who is delinquent in the payment of contributions
shall also permit the Director or his representative to enter
upon his premises, inspect his books and records, and inventory
his personal property and rights thereto, for the purpose of
ascertaining and listing the personal property owned by such
employer which is subject to the lien created by this Act in
favor of the Director of Workforce Development Employment
Security. Each employing unit which has paid no contributions
for employment in any calendar year shall, prior to January 30
of the succeeding calendar year, file with the Director, on
forms to be furnished by the Director at the request of such
employing unit, a report of its employment experience for such
periods as the Director shall designate on such forms, together
with such other information as the Director shall require on
such forms, for the purpose of determining the liability of
such employing unit for the payment of contributions; in
addition, every newly created employing unit shall file such
report with the Director within 30 days of the date upon which
it commences business. The Director, the Board of Review, or
any Referee may require from any employing unit any sworn or
unsworn reports concerning such records as he or the Board of
Review deems necessary for the effective administration of this

SB2902 - 436 - LRB098 16889 JWD 51964 b
Act, and every such employing unit or person shall fully,
correctly, and promptly furnish the Director all information
required by him to carry out the purposes and provisions of
this Act.
(Source: P.A. 83-1503.)
(820 ILCS 405/2100) (from Ch. 48, par. 660)
Sec. 2100. Handling of funds - Bond - Accounts.
A. All contributions and payments in lieu of contributions
collected under this Act, including but not limited to fund
building receipts and receipts attributable to the surcharge
established pursuant to Section 1506.5, together with any
interest thereon; all penalties collected pursuant to this Act;
any property or securities acquired through the use thereof;
all moneys advanced to this State's account in the unemployment
trust fund pursuant to the provisions of Title XII of the
Social Security Act, as amended; all moneys directed for
transfer from the Master Bond Fund or the Title XII Interest
Fund to this State's account in the unemployment trust fund;
all moneys received from the Federal government as
reimbursements pursuant to Section 204 of the Federal-State
Extended Unemployment Compensation Act of 1970, as amended; all
moneys credited to this State's account in the unemployment
trust fund pursuant to Section 903 of the Federal Social
Security Act, as amended; all administrative fees collected
from individuals pursuant to Section 900 or from employing

SB2902 - 437 - LRB098 16889 JWD 51964 b
units pursuant to Section 2206.1; and all earnings of such
property or securities and any interest earned upon any such
moneys shall be paid or turned over to the Department and held
by the Director, as ex-officio custodian of the clearing
account, the unemployment trust fund account and the benefit
account, and by the State Treasurer, as ex-officio custodian of
the special administrative account, separate and apart from all
public moneys or funds of this State, as hereinafter provided.
Such moneys shall be administered by the Director exclusively
for the purposes of this Act.
No such moneys shall be paid or expended except upon the
direction of the Director in accordance with such regulations
as he shall prescribe pursuant to the provisions of this Act.
The State Treasurer shall be liable on his general official
bond for the faithful performance of his duties in connection
with the moneys in the special administrative account provided
for under this Act. Such liability on his official bond shall
exist in addition to the liability upon any separate bond given
by him. All sums recovered for losses sustained by the account
shall be deposited in that account.
The Director shall be liable on his general official bond
for the faithful performance of his duties in connection with
the moneys in the clearing account, the benefit account and
unemployment trust fund account provided for under this Act.
Such liability on his official bond shall exist in addition to
the liability upon any separate bond given by him. All sums

SB2902 - 438 - LRB098 16889 JWD 51964 b
recovered for losses sustained by any one of the accounts shall
be deposited in the account that sustained such loss.
The Treasurer shall maintain for such moneys a special
administrative account. The Director shall maintain for such
moneys 3 separate accounts: a clearing account, a benefit
account, and an unemployment trust fund account. All moneys
payable under this Act (except moneys requisitioned from this
State's account in the unemployment trust fund and deposited in
the benefit account and moneys directed for deposit into the
Special Programs Fund provided for under Section 2107),
including but not limited to moneys directed for transfer from
the Master Bond Fund or the Title XII Interest Fund to this
State's account in the unemployment trust fund, upon receipt
thereof, shall be immediately deposited in the clearing
account; provided, however, that, except as is otherwise
provided in this Section, interest and penalties shall not be
deemed a part of the clearing account but shall be transferred
immediately upon clearance thereof to the special
administrative account; further provided that an amount not to
exceed $90,000,000 in payments attributable to the surcharge
established pursuant to Section 1506.5, including any interest
thereon, shall not be deemed a part of the clearing account but
shall be transferred immediately upon clearance thereof to the
Title XII Interest Fund.
After clearance thereof, all other moneys in the clearing
account shall be immediately deposited by the Director with the

SB2902 - 439 - LRB098 16889 JWD 51964 b
Secretary of the Treasury of the United States of America to
the credit of the account of this State in the unemployment
trust fund, established and maintained pursuant to the Federal
Social Security Act, as amended, except fund building receipts,
which shall be deposited into the Master Bond Fund. The benefit
account shall consist of all moneys requisitioned from this
State's account in the unemployment trust fund. The moneys in
the benefit account shall be expended in accordance with
regulations prescribed by the Director and solely for the
payment of benefits, refunds of contributions, interest and
penalties under the provisions of the Act, the payment of
health insurance in accordance with Section 410 of this Act,
and the transfer or payment of funds to any Federal or State
agency pursuant to reciprocal arrangements entered into by the
Director under the provisions of Section 2700E, except that
moneys credited to this State's account in the unemployment
trust fund pursuant to Section 903 of the Federal Social
Security Act, as amended, shall be used exclusively as provided
in subsection B. For purposes of this Section only, to the
extent allowed by applicable legal requirements, the payment of
benefits includes but is not limited to the payment of
principal on any bonds issued pursuant to the Illinois
Unemployment Insurance Trust Fund Financing Act, exclusive of
any interest or administrative expenses in connection with the
bonds. The Director shall, from time to time, requisition from
the unemployment trust fund such amounts, not exceeding the

SB2902 - 440 - LRB098 16889 JWD 51964 b
amounts standing to the State's account therein, as he deems
necessary solely for the payment of such benefits, refunds, and
funds, for a reasonable future period. The Director, as
ex-officio custodian of the benefit account, which shall be
kept separate and apart from all other public moneys, shall
issue payment of such benefits, refunds, health insurance and
funds solely from the moneys so received into the benefit
account. However, after January 1, 1987, no payment shall be
drawn on such benefit account unless at the time of drawing
there is sufficient money in the account to make the payment.
The Director shall retain in the clearing account an amount of
interest and penalties equal to the amount of interest and
penalties to be refunded from the benefit account. After
clearance thereof, the amount so retained shall be immediately
deposited by the Director, as are all other moneys in the
clearing account, with the Secretary of the Treasury of the
United States. If, at any time, an insufficient amount of
interest and penalties is available for retention in the
clearing account, no refund of interest or penalties shall be
made from the benefit account until a sufficient amount is
available for retention and is so retained, or until the State
Treasurer, upon the direction of the Director, transfers to the
Director a sufficient amount from the special administrative
account, for immediate deposit in the benefit account.
Any balance of moneys requisitioned from the unemployment
trust fund which remains unclaimed or unpaid in the benefit

SB2902 - 441 - LRB098 16889 JWD 51964 b
account after the expiration of the period for which such sums
were requisitioned shall either be deducted from estimates of
and may be utilized for authorized expenditures during
succeeding periods, or, in the discretion of the Director,
shall be redeposited with the Secretary of the Treasury of the
United States to the credit of the State's account in the
unemployment trust fund.
Moneys in the clearing, benefit and special administrative
accounts shall not be commingled with other State funds but
they shall be deposited as required by law and maintained in
separate accounts on the books of a savings and loan
association or bank.
No bank or savings and loan association shall receive
public funds as permitted by this Section, unless it has
complied with the requirements established pursuant to Section
6 of "An Act relating to certain investments of public funds by
public agencies", approved July 23, 1943, as now or hereafter
amended.
B. Moneys credited to the account of this State in the
unemployment trust fund by the Secretary of the Treasury of the
United States pursuant to Section 903 of the Social Security
Act may be requisitioned from this State's account and used as
authorized by Section 903. Any interest required to be paid on
advances under Title XII of the Social Security Act shall be
paid in a timely manner and shall not be paid, directly or
indirectly, by an equivalent reduction in contributions or

SB2902 - 442 - LRB098 16889 JWD 51964 b
payments in lieu of contributions from amounts in this State's
account in the unemployment trust fund. Such moneys may be
requisitioned and used for the payment of expenses incurred for
the administration of this Act, but only pursuant to a specific
appropriation by the General Assembly and only if the expenses
are incurred and the moneys are requisitioned after the
enactment of an appropriation law which:
1. Specifies the purpose or purposes for which such
moneys are appropriated and the amount or amounts
appropriated therefor;
2. Limits the period within which such moneys may be
obligated to a period ending not more than 2 years after
the date of the enactment of the appropriation law; and
3. Limits the amount which may be obligated during any
fiscal year to an amount which does not exceed the amount
by which (a) the aggregate of the amounts transferred to
the account of this State pursuant to Section 903 of the
Social Security Act exceeds (b) the aggregate of the
amounts used by this State pursuant to this Act and charged
against the amounts transferred to the account of this
State.
For purposes of paragraph (3) above, amounts obligated for
administrative purposes pursuant to an appropriation shall be
chargeable against transferred amounts at the exact time the
obligation is entered into. The appropriation, obligation, and
expenditure or other disposition of money appropriated under

SB2902 - 443 - LRB098 16889 JWD 51964 b
this subsection shall be accounted for in accordance with
standards established by the United States Secretary of Labor.
Moneys appropriated as provided herein for the payment of
expenses of administration shall be requisitioned by the
Director as needed for the payment of obligations incurred
under such appropriation. Upon requisition, such moneys shall
be deposited with the State Treasurer, who shall hold such
moneys, as ex-officio custodian thereof, in accordance with the
requirements of Section 2103 and, upon the direction of the
Director, shall make payments therefrom pursuant to such
appropriation. Moneys so deposited shall, until expended,
remain a part of the unemployment trust fund and, if any will
not be expended, shall be returned promptly to the account of
this State in the unemployment trust fund.
C. The Governor is authorized to apply to the United States
Secretary of Labor for an advance or advances to this State's
account in the unemployment trust fund pursuant to the
conditions set forth in Title XII of the Federal Social
Security Act, as amended. The amount of any such advance may be
repaid from this State's account in the unemployment trust
fund.
D. The Director shall annually on or before the first day
of March report in writing to the Workforce Development
Employment Security Advisory Board concerning the deposits
into and expenditures from this State's account in the
Unemployment Trust Fund.

SB2902 - 444 - LRB098 16889 JWD 51964 b
(Source: P.A. 97-1, eff. 3-31-11; 97-621, eff. 11-18-11;
97-791, eff. 1-1-13.)
(820 ILCS 405/2101) (from Ch. 48, par. 661)
Sec. 2101. Special administrative account. Except as
provided in Section 2100, all interest and penalties collected
pursuant to this Act shall be deposited in the special
administrative account. The amount in this account in excess of
$100,000 on the close of business of the last day of each
calendar quarter shall be immediately transferred to this
State's account in the unemployment trust fund. However,
subject to Section 2101.1, such funds shall not be transferred
where it is determined by the Director that it is necessary to
accumulate funds in the account in order to have sufficient
funds to pay interest that may become due under the terms of
Section 1202 (b) of the Federal Social Security Act, as
amended, upon advances made to the Illinois Unemployment
Insurance Trust Fund under Title XII of the Federal Social
Security Act or where it is determined by the Director that it
is necessary to accumulate funds in the special administrative
account in order to have sufficient funds to expend for any
other purpose authorized by this Section. The moneys available
in the special administrative account shall be expended upon
the direction of the Director whenever it appears to him that
such expenditure is necessary for:
A. 1. The proper administration of this Act and no Federal

SB2902 - 445 - LRB098 16889 JWD 51964 b
funds are available for the specific purpose for which such
expenditure is to be made, provided the moneys are not
substituted for appropriations from Federal funds, which in the
absence of such moneys would be available and provided the
monies are appropriated by the General Assembly.
2. The proper administration of this Act for which purpose
appropriations from Federal funds have been requested but not
yet received, provided the special administrative account will
be reimbursed upon receipt of the requested Federal
appropriation.
B. To the extent possible, the repayment to the fund
established for financing the cost of administration of this
Act of moneys found by the Secretary of Labor of the United
States of America, or other appropriate Federal agency, to have
been lost or expended for purposes other than, or in amounts in
excess of, those found necessary by the Secretary of Labor, or
other appropriate Federal agency, for the administration of
this Act.
C. The payment of refunds or adjustments of interest or
penalties, paid pursuant to Sections 901 or 2201.
D. The payment of interest on refunds of erroneously paid
contributions, penalties and interest pursuant to Section
2201.1.
E. The payment or transfer of interest or penalties to any
Federal or State agency, pursuant to reciprocal arrangements
entered into by the Director under the provisions of Section

SB2902 - 446 - LRB098 16889 JWD 51964 b
2700E.
F. The payment of any costs incurred, pursuant to Section
1700.1.
G. Beginning January 1, 1989, for the payment for the legal
services authorized by subsection B of Section 802, up to
$1,000,000 per year for the representation of the individual
claimants and up to $1,000,000 per year for the representation
of "small employers".
H. The payment of any fees for collecting past due
contributions, payments in lieu of contributions, penalties,
and interest shall be paid (without an appropriation) from
interest and penalty monies received from collection agents
that have contracted with the Department under Section 2206 to
collect such amounts, provided however, that the amount of such
payment shall not exceed the amount of past due interest and
penalty collected.
I. The payment of interest that may become due under the
terms of Section 1202 (b) of the Federal Social Security Act,
as amended, for advances made to the Illinois Unemployment
Insurance Trust Fund.
The Director shall annually on or before the first day of
March report in writing to the Workforce Development Employment
Security Advisory Board concerning the expenditures made from
the special administrative account and the purposes for which
funds are being accumulated.
If Federal legislation is enacted which will permit the use

SB2902 - 447 - LRB098 16889 JWD 51964 b
by the Director of some part of the contributions collected or
to be collected under this Act, for the financing of
expenditures incurred in the proper administration of this Act,
then, upon the availability of such contributions for such
purpose, the provisions of this Section shall be inoperative
and interest and penalties collected pursuant to this Act shall
be deposited in and be deemed a part of the clearing account.
In the event of the enactment of the foregoing Federal
legislation, and within 90 days after the date upon which
contributions become available for expenditure for costs of
administration, the total amount in the special administrative
account shall be transferred to the clearing account, and after
clearance thereof shall be deposited with the Secretary of the
Treasury of the United States of America to the credit of the
account of this State in the unemployment trust fund,
established and maintained pursuant to the Federal Social
Security Act, as amended.
(Source: P.A. 94-1083, eff. 1-19-07.)
(820 ILCS 405/2103) (from Ch. 48, par. 663)
Sec. 2103. Unemployment compensation administration and
other workforce development costs. All moneys received by the
State or by the Department from any source for the financing of
the cost of administration of this Act, including all federal
moneys allotted or apportioned to the State or to the
Department for that purpose, including moneys received

SB2902 - 448 - LRB098 16889 JWD 51964 b
directly or indirectly from the federal government under the
Job Training Partnership Act, and including moneys received
from the Railroad Retirement Board as compensation for services
or facilities supplied to said Board, or any moneys made
available by this State or its political subdivisions and
matched by moneys granted to this State pursuant to the
provisions of the Wagner-Peyser Act, shall be received and held
by the State Treasurer as ex-officio custodian thereof,
separate and apart from all other State moneys, in the Title
III Social Security and Employment Fund, and such funds shall
be distributed or expended upon the direction of the Director
and, except money received pursuant to the last paragraph of
Section 2100B, shall be distributed or expended solely for the
purposes and in the amounts found necessary by the Secretary of
Labor of the United States of America, or other appropriate
federal agency, for the proper and efficient administration of
this Act. Notwithstanding any provision of this Section, all
money requisitioned and deposited with the State Treasurer
pursuant to the last paragraph of Section 2100B shall remain
part of the unemployment trust fund and shall be used only in
accordance with the conditions specified in the last paragraph
of Section 2100B.
If any moneys received from the Secretary of Labor, or
other appropriate federal agency, under Title III of the Social
Security Act, or any moneys granted to this State pursuant to
the provisions of the Wagner-Peyser Act, or any moneys made

SB2902 - 449 - LRB098 16889 JWD 51964 b
available by this State or its political subdivisions and
matched by moneys granted to this State pursuant to the
provisions of the Wagner-Peyser Act, are found by the Secretary
of Labor, or other appropriate Federal agency, because of any
action or contingency, to have been lost or expended for
purposes other than, or in amounts in excess of, those found
necessary, by the Secretary of Labor, or other appropriate
Federal agency, for the proper administration of this Act, it
is the policy of this State that such moneys shall be replaced
by moneys appropriated for such purpose from the general funds
of this State for expenditure as provided in the first
paragraph of this Section. The Director shall report to the
Governor's Office of Management and Budget, in the same manner
as is provided generally for the submission by State
Departments of financial requirements for the ensuing fiscal
year, and the Governor shall include in his budget report to
the next regular session of the General Assembly, the amount
required for such replacement.
Moneys in the Title III Social Security and Employment Fund
shall not be commingled with other State funds, but they shall
be deposited as required by law and maintained in a separate
account on the books of a savings and loan association or bank.
The State Treasurer shall be liable on his general official
bond for the faithful performance of his duties as custodian of
all moneys in the Title III Social Security and Employment
Fund. Such liability on his official bond shall exist in

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addition to the liability upon any separate bond given by him.
All sums recovered for losses sustained by the fund herein
described shall be deposited therein.
Upon the effective date of this amendatory Act of 1987
(January 1, 1988), the Comptroller shall transfer all
unobligated funds from the Job Training Fund into the Title III
Social Security and Employment Fund.
On September 1, 2000, or as soon thereafter as may be
reasonably practicable, the State Comptroller shall transfer
all unobligated moneys from the Job Training Partnership Fund
into the Title III Social Security and Employment Fund. The
moneys transferred pursuant to this amendatory Act may be used
or expended for purposes consistent with the conditions under
which those moneys were received by the State.
Beginning on the effective date of this amendatory Act of
the 91st General Assembly, all moneys that would otherwise be
deposited into the Job Training Partnership Fund shall instead
be deposited into the Title III Social Security and Employment
Fund, to be used for purposes consistent with the conditions
under which those moneys are received by the State, except that
any moneys that may be necessary to pay liabilities outstanding
as of June 30, 2000 shall be deposited into the Job Training
Partnership Fund.
On September 1, 2014, or as soon thereafter as may be
reasonably practicable, the State Comptroller shall certify
and the State Treasurer shall transfer all unobligated moneys

SB2902 - 451 - LRB098 16889 JWD 51964 b
in the Federal Workforce Training Fund to the Title III Social
Security and Employment Fund. The moneys transferred pursuant
to this paragraph may be used for purposes consistent with the
conditions under which those moneys were received by the State.
On and after January 1, 2015 all moneys that would
otherwise be deposited into the Federal Workforce Training Fund
shall be deposited into the Title III Social Security and
Employment Fund, to be used for purposes consistent with the
conditions under which those moneys were received by the State,
except that any moneys that may be necessary to pay liabilities
outstanding as of January 1, 2015 that would otherwise be
payable from the Federal Workforce Training Fund shall be
deposited into the Federal Workforce Training Fund.
(Source: P.A. 97-791, eff. 1-1-13.)
(820 ILCS 405/2302) (from Ch. 48, par. 702)
Sec. 2302. Admissibility of certified copies. A copy of any
document or record on file with the Director certified to be a
true copy by the Director, or the Commissioner of Unemployment
Compensation, under the seal of the Department of Workforce
Development Employment Security, shall be admissible in
evidence at any hearing conducted pursuant to the provisions of
this Act and in all judicial proceedings, in the same manner as
are public documents.
(Source: P.A. 83-1503.)

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(820 ILCS 405/2405)
Sec. 2405. Process; failure to file reports or make
payments. The process available to the Department of Revenue
pursuant to Section 3-7 of the Uniform Penalty and Interest Act
with respect to an unpaid trust tax, interest, or penalties
shall be available to the Department of Workforce Development
Employment Security with respect to unpaid contributions,
payments in lieu of contributions, penalties, and interest due
pursuant to this Act where any officer or employee of the
employer who has the control, supervision, or responsibility of
filing wage or contribution reports and making payment of
contributions or payments in lieu of contributions pursuant to
this Act willfully fails to file the report or make the payment
or willfully attempts in any other manner to evade or defeat a
liability pursuant to this Act. For purposes of this Section,
references to the Department or Director of Revenue in Section
3-7 of the Uniform Penalty and Interest Act shall be deemed to
be references to the Department or Director of Workforce
Development Employment Security. Procedures for protest and
review of a notice of penalty liability under this Section
shall be the same as those prescribed for protest and review of
a determination and assessment under Section 2200.
(Source: P.A. 97-621, eff. 11-18-11.)
(820 ILCS 405/2600) (from Ch. 48, par. 750)
Sec. 2600. Every assignee, receiver, trustee in

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bankruptcy, liquidator, administrator, executor, sheriff,
mortgagee, conditional vendor, or any other person who shall
sell substantially all of (A) the business, or (B) the stock of
goods, or (C) the furniture or fixtures, or (D) the machinery
and equipment, or (E) the goodwill of any employing unit shall,
at least 7 days prior to the date of such sale, notify the
Director of the name and address of the person conducting such
sale, the date, the place and the terms of such sale and a
description of the property to be sold. Any assignee, receiver,
trustee in bankruptcy, liquidator, administrator, executor,
sheriff, mortgagee, conditional vendor, or any other person who
shall fail to observe the requirements of this section shall be
personally responsible for all loss in contributions,
penalties and interest attributable to such failure to notify
the Director as herein provided.
Any employing unit which shall, outside the usual course of
its business, sell or transfer substantially all or any one of
the classes of its assets hereinabove enumerated and shall
cease to own said business, shall, within 10 days after such
sale or transfer, file such reports as the Director shall
prescribe and pay the contributions, interest and penalties
required by this Act with respect to wages for employment up to
the date of said sale or transfer. The purchaser or transferee
shall withhold sufficient of the purchase money to cover the
amount of all contributions, interest and penalties due and
unpaid by the seller or transferor or, if the payment of money

SB2902 - 454 - LRB098 16889 JWD 51964 b
is not involved, shall withhold the performance of the
condition that constitutes the consideration for the transfer,
until such time as the seller shall produce a receipt from the
Director showing that the contributions, interest and
penalties have been paid or a certificate that no
contributions, interest or penalties are due. If the seller or
transferor shall fail to pay such contributions within the 10
days specified, then the purchaser or transferee shall pay the
money so withheld to the Director of Workforce Development
Employment Security. If such seller or transferor shall fail to
pay the aforementioned contributions, interest or penalties
within the 10 days and said purchaser or transferee shall
either fail to withhold such purchase money as above required
or fail to pay the same to the Director immediately after the
expiration of 10 days from the date of such sale as above
required, or shall fail to withhold the performance of the
condition that constitutes the consideration for the transfer
in cases where the payment of money is not involved or is not
the sole consideration, such purchaser or transferee shall be
personally liable to the Director for the payment to the
Director of the contributions, interest and penalties incurred
by the seller or transferor up to the amount of the reasonable
value of the property acquired by him.
Any person who shall acquire any property or rights thereto
which at the time of such acquisition is subject to a valid
lien in favor of the Director shall be personally liable to the

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Director for a sum equal to the amount of contributions secured
by such lien but not to exceed the reasonable value of such
property acquired by him.
(Source: P.A. 83-1503.)
(20 ILCS 605/605-750 rep.)
Section 375. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois is
amended by repealing Section 605-750.
Section 997. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 999. Effective date. This Act takes effect upon
becoming law.
SB2902 - 456 - LRB098 16889 JWD 51964 b
INDEX
Statutes amended in order of appearance
5 ILCS 70/1.40 new
5 ILCS 382/3-15
5 ILCS 430/5-50
10 ILCS 5/1A-17
10 ILCS 5/4-6.2 from Ch. 46, par. 4-6.2
10 ILCS 5/5-16.2 from Ch. 46, par. 5-16.2
10 ILCS 5/6-50.2 from Ch. 46, par. 6-50.2
15 ILCS 322/20
15 ILCS 405/9.06
20 ILCS 5/1-5
20 ILCS 5/5-15 was 20 ILCS 5/3
20 ILCS 5/5-20 was 20 ILCS 5/4
20 ILCS 5/5-125 was 20 ILCS 5/5.13i
20 ILCS 5/5-340 was 20 ILCS 5/9.30
20 ILCS 5/5-540 was 20 ILCS 5/6.28 and 5/7.01
20 ILCS 105/4.01 from Ch. 23, par. 6104.01
20 ILCS 405/405-121
20 ILCS 405/405-122
20 ILCS 415/8b.17 from Ch. 127, par. 63b108b.17
20 ILCS 415/24
20 ILCS 605/605-807
20 ILCS 605/605-815 was 20 ILCS 605/46.19a in part
20 ILCS 605/605-850 was 20 ILCS 605/46.32a in part
SB2902 - 457 - LRB098 16889 JWD 51964 b
20 ILCS 630/7 from Ch. 48, par. 2407
20 ILCS 630/14
20 ILCS 655/4 from Ch. 67 1/2, par. 604
20 ILCS 655/6 from Ch. 67 1/2, par. 610
20 ILCS 1005/Art. 1005
heading
20 ILCS 1005/1005-1
20 ILCS 1005/1005-5
20 ILCS 1005/1005-47
20 ILCS 1005/1005-130 was 20 ILCS 1005/43a.14
20 ILCS 1005/1005-150 was 20 ILCS 5/34.2
20 ILCS 1005/1005-155
20 ILCS 1005/1005-160
20 ILCS 1005/1005-170 new
20 ILCS 1005/1005-175 new
20 ILCS 1010/1 from Ch. 48, par. 172a
20 ILCS 1010/2 from Ch. 48, par. 172b
20 ILCS 1015/1 from Ch. 48, par. 173
20 ILCS 1015/1a from Ch. 48, par. 174
20 ILCS 1015/1c from Ch. 48, par. 176
20 ILCS 1015/1d from Ch. 48, par. 177
20 ILCS 1015/3 from Ch. 48, par. 179
20 ILCS 1015/4 from Ch. 48, par. 180
20 ILCS 1015/5 from Ch. 48, par. 182
20 ILCS 1015/7 from Ch. 48, par. 183
20 ILCS 1015/8.1 from Ch. 48, par. 184.1
SB2902 - 458 - LRB098 16889 JWD 51964 b
20 ILCS 1015/14 from Ch. 48, par. 186.1
20 ILCS 1015/15 from Ch. 48, par. 186.2
20 ILCS 1020/30
20 ILCS 1305/10-27
20 ILCS 1505/1505-125
20 ILCS 2310/2310-228
20 ILCS 2325/15
20 ILCS 2405/3 from Ch. 23, par. 3434
20 ILCS 2407/20
20 ILCS 2630/5.2
20 ILCS 2805/15
20 ILCS 3956/10
20 ILCS 3956/10.5
20 ILCS 3965/4.5
20 ILCS 3968/15
20 ILCS 3970/2 from Ch. 127, par. 3832
20 ILCS 3975/7.2
20 ILCS 3983/15
20 ILCS 3983/20
20 ILCS 4040/10
20 ILCS 4075/15
20 ILCS 4080/15
20 ILCS 4095/10
20 ILCS 5000/10
20 ILCS 5000/15
20 ILCS 5020/5
SB2902 - 459 - LRB098 16889 JWD 51964 b
30 ILCS 205/2.1
30 ILCS 210/5 from Ch. 15, par. 155
30 ILCS 210/10
30 ILCS 210/10.2
30 ILCS 440/3
30 ILCS 440/4
30 ILCS 500/45-67
30 ILCS 500/45-70
35 ILCS 5/201 from Ch. 120, par. 2-201
35 ILCS 5/303 from Ch. 120, par. 3-303
35 ILCS 5/701 from Ch. 120, par. 7-701
35 ILCS 5/917 from Ch. 120, par. 9-917
35 ILCS 10/5-25
35 ILCS 11/10
40 ILCS 5/14-103.05 from Ch. 108 1/2, par. 14-103.05
45 ILCS 175/5
55 ILCS 90/10 from Ch. 34, par. 8010
65 ILCS 5/11-76-4.2 from Ch. 24, par. 11-76-4.2
105 ILCS 5/2-3.39 from Ch. 122, par. 2-3.39
105 ILCS 5/22-45
105 ILCS 405/2-2 from Ch. 122, par. 202-2
110 ILCS 805/2-12 from Ch. 122, par. 102-12
215 ILCS 106/7
215 ILCS 170/7
305 ILCS 5/5-11a
305 ILCS 5/9A-3 from Ch. 23, par. 9A-3
SB2902 - 460 - LRB098 16889 JWD 51964 b
305 ILCS 5/10-11.1 from Ch. 23, par. 10-11.1
305 ILCS 5/10-15 from Ch. 23, par. 10-15
305 ILCS 5/11-5.1
305 ILCS 5/11-5.2
305 ILCS 5/11-20 from Ch. 23, par. 11-20
330 ILCS 25/5 from Ch. 126 1/2, par. 205
330 ILCS 50/1 from Ch. 48, par. 186a
405 ILCS 80/10-5
525 ILCS 50/5 from Ch. 48, par. 2555
525 ILCS 50/7 from Ch. 48, par. 2557
525 ILCS 50/7.5
525 ILCS 50/8 from Ch. 48, par. 2558
525 ILCS 50/9
705 ILCS 305/1a-1
705 ILCS 310/2 from Ch. 78, par. 25
750 ILCS 5/505 from Ch. 40, par. 505
750 ILCS 5/505.1 from Ch. 40, par. 505.1
750 ILCS 16/20
750 ILCS 16/60
750 ILCS 25/6 from Ch. 40, par. 2706
750 ILCS 45/15 from Ch. 40, par. 2515
750 ILCS 45/15.1 from Ch. 40, par. 2515.1
775 ILCS 5/2-105 from Ch. 68, par. 2-105
775 ILCS 20/4 from Ch. 29, par. 24d
775 ILCS 20/6 from Ch. 29, par. 24f
820 ILCS 65/10
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