Public Act 096-0328
 
SB1549 Enrolled LRB096 03048 NHT 13063 b

    AN ACT to revise the law by combining multiple enactments
and making technical corrections.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Nature of this Act.
    (a) This Act may be cited as the First 2009 General
Revisory Act.
    (b) This Act is not intended to make any substantive change
in the law. It reconciles conflicts that have arisen from
multiple amendments and enactments and makes technical
corrections and revisions in the law.
    This Act revises and, where appropriate, renumbers certain
Sections that have been added or amended by more than one
Public Act. In certain cases in which a repealed Act or Section
has been replaced with a successor law, this Act may
incorporate amendments to the repealed Act or Section into the
successor law. This Act also corrects errors, revises
cross-references, and deletes obsolete text.
    (c) In this Act, the reference at the end of each amended
Section indicates the sources in the Session Laws of Illinois
that were used in the preparation of the text of that Section.
The text of the Section included in this Act is intended to
include the different versions of the Section found in the
Public Acts included in the list of sources, but may not
include other versions of the Section to be found in Public
Acts not included in the list of sources. The list of sources
is not a part of the text of the Section.
    (d) Public Acts 95-703 through 95-1003 were considered in
the preparation of the combining revisories included in this
Act. Many of these combining revisories contain no striking or
underscoring because no additional changes are being made in
the material that is being combined.
 
    Section 5. The Regulatory Sunset Act is amended by changing
Section 4.28 as follows:
 
    (5 ILCS 80/4.28)
    Sec. 4.28. Acts repealed on January 1, 2018. The following
Acts are repealed on January 1, 2018:
    The Illinois Petroleum Education and Marketing Act.
    The Podiatric Medical Practice Act of 1987.
    The Acupuncture Practice Act.
    The Illinois Speech-Language Pathology and Audiology
Practice Act.
    The Interpreter for the Deaf Licensure Act of 2007.
    The Nurse Practice Act.
    The Clinical Social Work and Social Work Practice Act.
    The Pharmacy Practice Act.
    The Home Medical Equipment and Services Provider License
Act.
    The Marriage and Family Therapy Licensing Act.
    The Nursing Home Administrators Licensing and Disciplinary
Act.
    The Physician Assistant Practice Act of 1987.
(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07;
95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-617, eff.
9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689,
eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08;
revised 9-25-08.)
 
    Section 10. The Illinois Administrative Procedure Act is
amended by changing Section 10-65 as follows:
 
    (5 ILCS 100/10-65)  (from Ch. 127, par. 1010-65)
    Sec. 10-65. Licenses.
    (a) When any licensing is required by law to be preceded by
notice and an opportunity for a hearing, the provisions of this
Act concerning contested cases shall apply.
    (b) When a licensee has made timely and sufficient
application for the renewal of a license or a new license with
reference to any activity of a continuing nature, the existing
license shall continue in full force and effect until the final
agency decision on the application has been made unless a later
date is fixed by order of a reviewing court.
    (c) Except as provided in Section 1-17 1-27 of the
Department of Natural Resources Act, an application for the
renewal of a license or a new license shall include the
applicant's social security number. Each agency shall require
the licensee to certify on the application form, under penalty
of perjury, that he or she is not more than 30 days delinquent
in complying with a child support order. Every application
shall state that failure to so certify shall result in
disciplinary action, and that making a false statement may
subject the licensee to contempt of court. The agency shall
notify each applicant or licensee who acknowledges a
delinquency or who, contrary to his or her certification, is
found to be delinquent or who after receiving notice, fails to
comply with a subpoena or warrant relating to a paternity or a
child support proceeding, that the agency intends to take
disciplinary action. Accordingly, the agency shall provide
written notice of the facts or conduct upon which the agency
will rely to support its proposed action and the applicant or
licensee shall be given an opportunity for a hearing in
accordance with the provisions of the Act concerning contested
cases. Any delinquency in complying with a child support order
can be remedied by arranging for payment of past due and
current support. Any failure to comply with a subpoena or
warrant relating to a paternity or child support proceeding can
be remedied by complying with the subpoena or warrant. Upon a
final finding of delinquency or failure to comply with a
subpoena or warrant, the agency shall suspend, revoke, or
refuse to issue or renew the license. In cases in which the
Department of Healthcare and Family Services (formerly
Department of Public Aid) has previously determined that an
applicant or a licensee is more than 30 days delinquent in the
payment of child support and has subsequently certified the
delinquency to the licensing agency, and in cases in which a
court has previously determined that an applicant or licensee
has been in violation of the Non-Support Punishment Act for
more than 60 days, the licensing agency shall refuse to issue
or renew or shall revoke or suspend that person's license based
solely upon the certification of delinquency made by the
Department of Healthcare and Family Services (formerly
Department of Public Aid) or the certification of violation
made by the court. Further process, hearings, or
redetermination of the delinquency or violation by the
licensing agency shall not be required. The licensing agency
may issue or renew a license if the licensee has arranged for
payment of past and current child support obligations in a
manner satisfactory to the Department of Healthcare and Family
Services (formerly Department of Public Aid) or the court. The
licensing agency may impose conditions, restrictions, or
disciplinary action upon that license.
    (d) Except as provided in subsection (c), no agency shall
revoke, suspend, annul, withdraw, amend materially, or refuse
to renew any valid license without first giving written notice
to the licensee of the facts or conduct upon which the agency
will rely to support its proposed action and an opportunity for
a hearing in accordance with the provisions of this Act
concerning contested cases. At the hearing, the licensee shall
have the right to show compliance with all lawful requirements
for the retention, continuation, or renewal of the license. If,
however, the agency finds that the public interest, safety, or
welfare imperatively requires emergency action, and if the
agency incorporates a finding to that effect in its order,
summary suspension of a license may be ordered pending
proceedings for revocation or other action. Those proceedings
shall be promptly instituted and determined.
    (e) Any application for renewal of a license that contains
required and relevant information, data, material, or
circumstances that were not contained in an application for the
existing license shall be subject to the provisions of
subsection (a).
(Source: P.A. 94-40, eff. 1-1-06; 95-331, eff. 8-21-07; revised
10-28-08.)
 
    Section 15. The Freedom of Information Act is amended by
changing Section 7 as follows:
 
    (5 ILCS 140/7)  (from Ch. 116, par. 207)
    (Text of Section before amendment by P.A. 95-988)
    Sec. 7. Exemptions.
    (1) The following shall be exempt from inspection and
copying:
        (a) Information specifically prohibited from
    disclosure by federal or State law or rules and regulations
    adopted under federal or State law.
        (b) Information that, if disclosed, would constitute a
    clearly unwarranted invasion of personal privacy, unless
    the disclosure is consented to in writing by the individual
    subjects of the information. The disclosure of information
    that bears on the public duties of public employees and
    officials shall not be considered an invasion of personal
    privacy. Information exempted under this subsection (b)
    shall include but is not limited to:
            (i) files and personal information maintained with
        respect to clients, patients, residents, students or
        other individuals receiving social, medical,
        educational, vocational, financial, supervisory or
        custodial care or services directly or indirectly from
        federal agencies or public bodies;
            (ii) personnel files and personal information
        maintained with respect to employees, appointees or
        elected officials of any public body or applicants for
        those positions;
            (iii) files and personal information maintained
        with respect to any applicant, registrant or licensee
        by any public body cooperating with or engaged in
        professional or occupational registration, licensure
        or discipline;
            (iv) information required of any taxpayer in
        connection with the assessment or collection of any tax
        unless disclosure is otherwise required by State
        statute;
            (v) information revealing the identity of persons
        who file complaints with or provide information to
        administrative, investigative, law enforcement or
        penal agencies; provided, however, that identification
        of witnesses to traffic accidents, traffic accident
        reports, and rescue reports may be provided by agencies
        of local government, except in a case for which a
        criminal investigation is ongoing, without
        constituting a clearly unwarranted per se invasion of
        personal privacy under this subsection; and
            (vi) the names, addresses, or other personal
        information of participants and registrants in park
        district, forest preserve district, and conservation
        district programs.
        (c) Records compiled by any public body for
    administrative enforcement proceedings and any law
    enforcement or correctional agency for law enforcement
    purposes or for internal matters of a public body, but only
    to the extent that disclosure would:
            (i) interfere with pending or actually and
        reasonably contemplated law enforcement proceedings
        conducted by any law enforcement or correctional
        agency;
            (ii) interfere with pending administrative
        enforcement proceedings conducted by any public body;
            (iii) deprive a person of a fair trial or an
        impartial hearing;
            (iv) unavoidably disclose the identity of a
        confidential source or confidential information
        furnished only by the confidential source;
            (v) disclose unique or specialized investigative
        techniques other than those generally used and known or
        disclose internal documents of correctional agencies
        related to detection, observation or investigation of
        incidents of crime or misconduct;
            (vi) constitute an invasion of personal privacy
        under subsection (b) of this Section;
            (vii) endanger the life or physical safety of law
        enforcement personnel or any other person; or
            (viii) obstruct an ongoing criminal investigation.
        (d) Criminal history record information maintained by
    State or local criminal justice agencies, except the
    following which shall be open for public inspection and
    copying:
            (i) chronologically maintained arrest information,
        such as traditional arrest logs or blotters;
            (ii) the name of a person in the custody of a law
        enforcement agency and the charges for which that
        person is being held;
            (iii) court records that are public;
            (iv) records that are otherwise available under
        State or local law; or
            (v) records in which the requesting party is the
        individual identified, except as provided under part
        (vii) of paragraph (c) of subsection (1) of this
        Section.
        "Criminal history record information" means data
    identifiable to an individual and consisting of
    descriptions or notations of arrests, detentions,
    indictments, informations, pre-trial proceedings, trials,
    or other formal events in the criminal justice system or
    descriptions or notations of criminal charges (including
    criminal violations of local municipal ordinances) and the
    nature of any disposition arising therefrom, including
    sentencing, court or correctional supervision,
    rehabilitation and release. The term does not apply to
    statistical records and reports in which individuals are
    not identified and from which their identities are not
    ascertainable, or to information that is for criminal
    investigative or intelligence purposes.
        (e) Records that relate to or affect the security of
    correctional institutions and detention facilities.
        (f) Preliminary drafts, notes, recommendations,
    memoranda and other records in which opinions are
    expressed, or policies or actions are formulated, except
    that a specific record or relevant portion of a record
    shall not be exempt when the record is publicly cited and
    identified by the head of the public body. The exemption
    provided in this paragraph (f) extends to all those records
    of officers and agencies of the General Assembly that
    pertain to the preparation of legislative documents.
        (g) Trade secrets and commercial or financial
    information obtained from a person or business where the
    trade secrets or information are proprietary, privileged
    or confidential, or where disclosure of the trade secrets
    or information may cause competitive harm, including:
            (i) All information determined to be confidential
        under Section 4002 of the Technology Advancement and
        Development Act.
            (ii) All trade secrets and commercial or financial
        information obtained by a public body, including a
        public pension fund, from a private equity fund or a
        privately held company within the investment portfolio
        of a private equity fund as a result of either
        investing or evaluating a potential investment of
        public funds in a private equity fund. The exemption
        contained in this item does not apply to the aggregate
        financial performance information of a private equity
        fund, nor to the identity of the fund's managers or
        general partners. The exemption contained in this item
        does not apply to the identity of a privately held
        company within the investment portfolio of a private
        equity fund, unless the disclosure of the identity of a
        privately held company may cause competitive harm.
    Nothing contained in this paragraph (g) shall be construed
to prevent a person or business from consenting to disclosure.
        (h) Proposals and bids for any contract, grant, or
    agreement, including information which if it were
    disclosed would frustrate procurement or give an advantage
    to any person proposing to enter into a contractor
    agreement with the body, until an award or final selection
    is made. Information prepared by or for the body in
    preparation of a bid solicitation shall be exempt until an
    award or final selection is made.
        (i) Valuable formulae, computer geographic systems,
    designs, drawings and research data obtained or produced by
    any public body when disclosure could reasonably be
    expected to produce private gain or public loss. The
    exemption for "computer geographic systems" provided in
    this paragraph (i) does not extend to requests made by news
    media as defined in Section 2 of this Act when the
    requested information is not otherwise exempt and the only
    purpose of the request is to access and disseminate
    information regarding the health, safety, welfare, or
    legal rights of the general public.
        (j) Test questions, scoring keys and other examination
    data used to administer an academic examination or
    determined the qualifications of an applicant for a license
    or employment.
        (k) Architects' plans, engineers' technical
    submissions, and other construction related technical
    documents for projects not constructed or developed in
    whole or in part with public funds and the same for
    projects constructed or developed with public funds, but
    only to the extent that disclosure would compromise
    security, including but not limited to water treatment
    facilities, airport facilities, sport stadiums, convention
    centers, and all government owned, operated, or occupied
    buildings.
        (l) Library circulation and order records identifying
    library users with specific materials.
        (m) Minutes of meetings of public bodies closed to the
    public as provided in the Open Meetings Act until the
    public body makes the minutes available to the public under
    Section 2.06 of the Open Meetings Act.
        (n) Communications between a public body and an
    attorney or auditor representing the public body that would
    not be subject to discovery in litigation, and materials
    prepared or compiled by or for a public body in
    anticipation of a criminal, civil or administrative
    proceeding upon the request of an attorney advising the
    public body, and materials prepared or compiled with
    respect to internal audits of public bodies.
        (o) Information received by a primary or secondary
    school, college or university under its procedures for the
    evaluation of faculty members by their academic peers.
        (p) Administrative or technical information associated
    with automated data processing operations, including but
    not limited to software, operating protocols, computer
    program abstracts, file layouts, source listings, object
    modules, load modules, user guides, documentation
    pertaining to all logical and physical design of
    computerized systems, employee manuals, and any other
    information that, if disclosed, would jeopardize the
    security of the system or its data or the security of
    materials exempt under this Section.
        (q) Documents or materials relating to collective
    negotiating matters between public bodies and their
    employees or representatives, except that any final
    contract or agreement shall be subject to inspection and
    copying.
        (r) Drafts, notes, recommendations and memoranda
    pertaining to the financing and marketing transactions of
    the public body. The records of ownership, registration,
    transfer, and exchange of municipal debt obligations, and
    of persons to whom payment with respect to these
    obligations is made.
        (s) The records, documents and information relating to
    real estate purchase negotiations until those negotiations
    have been completed or otherwise terminated. With regard to
    a parcel involved in a pending or actually and reasonably
    contemplated eminent domain proceeding under the Eminent
    Domain Act, records, documents and information relating to
    that parcel shall be exempt except as may be allowed under
    discovery rules adopted by the Illinois Supreme Court. The
    records, documents and information relating to a real
    estate sale shall be exempt until a sale is consummated.
        (t) Any and all proprietary information and records
    related to the operation of an intergovernmental risk
    management association or self-insurance pool or jointly
    self-administered health and accident cooperative or pool.
        (u) Information concerning a university's adjudication
    of student or employee grievance or disciplinary cases, to
    the extent that disclosure would reveal the identity of the
    student or employee and information concerning any public
    body's adjudication of student or employee grievances or
    disciplinary cases, except for the final outcome of the
    cases.
        (v) Course materials or research materials used by
    faculty members.
        (w) Information related solely to the internal
    personnel rules and practices of a public body.
        (x) Information contained in or related to
    examination, operating, or condition reports prepared by,
    on behalf of, or for the use of a public body responsible
    for the regulation or supervision of financial
    institutions or insurance companies, unless disclosure is
    otherwise required by State law.
        (y) Information the disclosure of which is restricted
    under Section 5-108 of the Public Utilities Act.
        (z) Manuals or instruction to staff that relate to
    establishment or collection of liability for any State tax
    or that relate to investigations by a public body to
    determine violation of any criminal law.
        (aa) Applications, related documents, and medical
    records received by the Experimental Organ Transplantation
    Procedures Board and any and all documents or other records
    prepared by the Experimental Organ Transplantation
    Procedures Board or its staff relating to applications it
    has received.
        (bb) Insurance or self insurance (including any
    intergovernmental risk management association or self
    insurance pool) claims, loss or risk management
    information, records, data, advice or communications.
        (cc) Information and records held by the Department of
    Public Health and its authorized representatives relating
    to known or suspected cases of sexually transmissible
    disease or any information the disclosure of which is
    restricted under the Illinois Sexually Transmissible
    Disease Control Act.
        (dd) Information the disclosure of which is exempted
    under Section 30 of the Radon Industry Licensing Act.
        (ee) Firm performance evaluations under Section 55 of
    the Architectural, Engineering, and Land Surveying
    Qualifications Based Selection Act.
        (ff) Security portions of system safety program plans,
    investigation reports, surveys, schedules, lists, data, or
    information compiled, collected, or prepared by or for the
    Regional Transportation Authority under Section 2.11 of
    the Regional Transportation Authority Act or the St. Clair
    County Transit District under the Bi-State Transit Safety
    Act.
        (gg) Information the disclosure of which is restricted
    and exempted under Section 50 of the Illinois Prepaid
    Tuition Act.
        (hh) Information the disclosure of which is exempted
    under the State Officials and Employees Ethics Act.
        (ii) Beginning July 1, 1999, information that would
    disclose or might lead to the disclosure of secret or
    confidential information, codes, algorithms, programs, or
    private keys intended to be used to create electronic or
    digital signatures under the Electronic Commerce Security
    Act.
        (jj) Information contained in a local emergency energy
    plan submitted to a municipality in accordance with a local
    emergency energy plan ordinance that is adopted under
    Section 11-21.5-5 of the Illinois Municipal Code.
        (kk) Information and data concerning the distribution
    of surcharge moneys collected and remitted by wireless
    carriers under the Wireless Emergency Telephone Safety
    Act.
        (ll) Vulnerability assessments, security measures, and
    response policies or plans that are designed to identify,
    prevent, or respond to potential attacks upon a community's
    population or systems, facilities, or installations, the
    destruction or contamination of which would constitute a
    clear and present danger to the health or safety of the
    community, but only to the extent that disclosure could
    reasonably be expected to jeopardize the effectiveness of
    the measures or the safety of the personnel who implement
    them or the public. Information exempt under this item may
    include such things as details pertaining to the
    mobilization or deployment of personnel or equipment, to
    the operation of communication systems or protocols, or to
    tactical operations.
        (mm) Maps and other records regarding the location or
    security of generation, transmission, distribution,
    storage, gathering, treatment, or switching facilities
    owned by a utility or by the Illinois Power Agency.
        (nn) Law enforcement officer identification
    information or driver identification information compiled
    by a law enforcement agency or the Department of
    Transportation under Section 11-212 of the Illinois
    Vehicle Code.
        (oo) Records and information provided to a residential
    health care facility resident sexual assault and death
    review team or the Executive Council under the Abuse
    Prevention Review Team Act.
        (pp) Information provided to the predatory lending
    database created pursuant to Article 3 of the Residential
    Real Property Disclosure Act, except to the extent
    authorized under that Article.
        (qq) Defense budgets and petitions for certification
    of compensation and expenses for court appointed trial
    counsel as provided under Sections 10 and 15 of the Capital
    Crimes Litigation Act. This subsection (qq) shall apply
    until the conclusion of the trial of the case, even if the
    prosecution chooses not to pursue the death penalty prior
    to trial or sentencing.
        (rr) Information contained in or related to proposals,
    bids, or negotiations related to electric power
    procurement under Section 1-75 of the Illinois Power Agency
    Act and Section 16-111.5 of the Public Utilities Act that
    is determined to be confidential and proprietary by the
    Illinois Power Agency or by the Illinois Commerce
    Commission.
        (ss) Information that is prohibited from being
    disclosed under Section 4 of the Illinois Health and
    Hazardous Substances Registry Act.
    (2) This Section does not authorize withholding of
information or limit the availability of records to the public,
except as stated in this Section or otherwise provided in this
Act.
(Source: P.A. 94-280, eff. 1-1-06; 94-508, eff. 1-1-06; 94-664,
eff. 1-1-06; 94-931, eff. 6-26-06; 94-953, eff. 6-27-06;
94-1055, eff. 1-1-07; 95-331, eff. 8-21-07; 95-481, eff.
8-28-07; 95-941, eff. 8-29-08.)
 
    (Text of Section after amendment by P.A. 95-988)
    Sec. 7. Exemptions.
    (1) The following shall be exempt from inspection and
copying:
        (a) Information specifically prohibited from
    disclosure by federal or State law or rules and regulations
    adopted under federal or State law.
        (b) Information that, if disclosed, would constitute a
    clearly unwarranted invasion of personal privacy, unless
    the disclosure is consented to in writing by the individual
    subjects of the information. The disclosure of information
    that bears on the public duties of public employees and
    officials shall not be considered an invasion of personal
    privacy. Information exempted under this subsection (b)
    shall include but is not limited to:
            (i) files and personal information maintained with
        respect to clients, patients, residents, students or
        other individuals receiving social, medical,
        educational, vocational, financial, supervisory or
        custodial care or services directly or indirectly from
        federal agencies or public bodies;
            (ii) personnel files and personal information
        maintained with respect to employees, appointees or
        elected officials of any public body or applicants for
        those positions;
            (iii) files and personal information maintained
        with respect to any applicant, registrant or licensee
        by any public body cooperating with or engaged in
        professional or occupational registration, licensure
        or discipline;
            (iv) information required of any taxpayer in
        connection with the assessment or collection of any tax
        unless disclosure is otherwise required by State
        statute;
            (v) information revealing the identity of persons
        who file complaints with or provide information to
        administrative, investigative, law enforcement or
        penal agencies; provided, however, that identification
        of witnesses to traffic accidents, traffic accident
        reports, and rescue reports may be provided by agencies
        of local government, except in a case for which a
        criminal investigation is ongoing, without
        constituting a clearly unwarranted per se invasion of
        personal privacy under this subsection;
            (vi) the names, addresses, or other personal
        information of participants and registrants in park
        district, forest preserve district, and conservation
        district programs; and
            (vii) the Notarial Record or other medium
        containing the thumbprint or fingerprint required by
        Section 3-102(c)(6) of the Illinois Notary Public Act.
        (c) Records compiled by any public body for
    administrative enforcement proceedings and any law
    enforcement or correctional agency for law enforcement
    purposes or for internal matters of a public body, but only
    to the extent that disclosure would:
            (i) interfere with pending or actually and
        reasonably contemplated law enforcement proceedings
        conducted by any law enforcement or correctional
        agency;
            (ii) interfere with pending administrative
        enforcement proceedings conducted by any public body;
            (iii) deprive a person of a fair trial or an
        impartial hearing;
            (iv) unavoidably disclose the identity of a
        confidential source or confidential information
        furnished only by the confidential source;
            (v) disclose unique or specialized investigative
        techniques other than those generally used and known or
        disclose internal documents of correctional agencies
        related to detection, observation or investigation of
        incidents of crime or misconduct;
            (vi) constitute an invasion of personal privacy
        under subsection (b) of this Section;
            (vii) endanger the life or physical safety of law
        enforcement personnel or any other person; or
            (viii) obstruct an ongoing criminal investigation.
        (d) Criminal history record information maintained by
    State or local criminal justice agencies, except the
    following which shall be open for public inspection and
    copying:
            (i) chronologically maintained arrest information,
        such as traditional arrest logs or blotters;
            (ii) the name of a person in the custody of a law
        enforcement agency and the charges for which that
        person is being held;
            (iii) court records that are public;
            (iv) records that are otherwise available under
        State or local law; or
            (v) records in which the requesting party is the
        individual identified, except as provided under part
        (vii) of paragraph (c) of subsection (1) of this
        Section.
        "Criminal history record information" means data
    identifiable to an individual and consisting of
    descriptions or notations of arrests, detentions,
    indictments, informations, pre-trial proceedings, trials,
    or other formal events in the criminal justice system or
    descriptions or notations of criminal charges (including
    criminal violations of local municipal ordinances) and the
    nature of any disposition arising therefrom, including
    sentencing, court or correctional supervision,
    rehabilitation and release. The term does not apply to
    statistical records and reports in which individuals are
    not identified and from which their identities are not
    ascertainable, or to information that is for criminal
    investigative or intelligence purposes.
        (e) Records that relate to or affect the security of
    correctional institutions and detention facilities.
        (f) Preliminary drafts, notes, recommendations,
    memoranda and other records in which opinions are
    expressed, or policies or actions are formulated, except
    that a specific record or relevant portion of a record
    shall not be exempt when the record is publicly cited and
    identified by the head of the public body. The exemption
    provided in this paragraph (f) extends to all those records
    of officers and agencies of the General Assembly that
    pertain to the preparation of legislative documents.
        (g) Trade secrets and commercial or financial
    information obtained from a person or business where the
    trade secrets or information are proprietary, privileged
    or confidential, or where disclosure of the trade secrets
    or information may cause competitive harm, including:
            (i) All information determined to be confidential
        under Section 4002 of the Technology Advancement and
        Development Act.
            (ii) All trade secrets and commercial or financial
        information obtained by a public body, including a
        public pension fund, from a private equity fund or a
        privately held company within the investment portfolio
        of a private equity fund as a result of either
        investing or evaluating a potential investment of
        public funds in a private equity fund. The exemption
        contained in this item does not apply to the aggregate
        financial performance information of a private equity
        fund, nor to the identity of the fund's managers or
        general partners. The exemption contained in this item
        does not apply to the identity of a privately held
        company within the investment portfolio of a private
        equity fund, unless the disclosure of the identity of a
        privately held company may cause competitive harm.
    Nothing contained in this paragraph (g) shall be construed
to prevent a person or business from consenting to disclosure.
        (h) Proposals and bids for any contract, grant, or
    agreement, including information which if it were
    disclosed would frustrate procurement or give an advantage
    to any person proposing to enter into a contractor
    agreement with the body, until an award or final selection
    is made. Information prepared by or for the body in
    preparation of a bid solicitation shall be exempt until an
    award or final selection is made.
        (i) Valuable formulae, computer geographic systems,
    designs, drawings and research data obtained or produced by
    any public body when disclosure could reasonably be
    expected to produce private gain or public loss. The
    exemption for "computer geographic systems" provided in
    this paragraph (i) does not extend to requests made by news
    media as defined in Section 2 of this Act when the
    requested information is not otherwise exempt and the only
    purpose of the request is to access and disseminate
    information regarding the health, safety, welfare, or
    legal rights of the general public.
        (j) Test questions, scoring keys and other examination
    data used to administer an academic examination or
    determined the qualifications of an applicant for a license
    or employment.
        (k) Architects' plans, engineers' technical
    submissions, and other construction related technical
    documents for projects not constructed or developed in
    whole or in part with public funds and the same for
    projects constructed or developed with public funds, but
    only to the extent that disclosure would compromise
    security, including but not limited to water treatment
    facilities, airport facilities, sport stadiums, convention
    centers, and all government owned, operated, or occupied
    buildings.
        (l) Library circulation and order records identifying
    library users with specific materials.
        (m) Minutes of meetings of public bodies closed to the
    public as provided in the Open Meetings Act until the
    public body makes the minutes available to the public under
    Section 2.06 of the Open Meetings Act.
        (n) Communications between a public body and an
    attorney or auditor representing the public body that would
    not be subject to discovery in litigation, and materials
    prepared or compiled by or for a public body in
    anticipation of a criminal, civil or administrative
    proceeding upon the request of an attorney advising the
    public body, and materials prepared or compiled with
    respect to internal audits of public bodies.
        (o) Information received by a primary or secondary
    school, college or university under its procedures for the
    evaluation of faculty members by their academic peers.
        (p) Administrative or technical information associated
    with automated data processing operations, including but
    not limited to software, operating protocols, computer
    program abstracts, file layouts, source listings, object
    modules, load modules, user guides, documentation
    pertaining to all logical and physical design of
    computerized systems, employee manuals, and any other
    information that, if disclosed, would jeopardize the
    security of the system or its data or the security of
    materials exempt under this Section.
        (q) Documents or materials relating to collective
    negotiating matters between public bodies and their
    employees or representatives, except that any final
    contract or agreement shall be subject to inspection and
    copying.
        (r) Drafts, notes, recommendations and memoranda
    pertaining to the financing and marketing transactions of
    the public body. The records of ownership, registration,
    transfer, and exchange of municipal debt obligations, and
    of persons to whom payment with respect to these
    obligations is made.
        (s) The records, documents and information relating to
    real estate purchase negotiations until those negotiations
    have been completed or otherwise terminated. With regard to
    a parcel involved in a pending or actually and reasonably
    contemplated eminent domain proceeding under the Eminent
    Domain Act, records, documents and information relating to
    that parcel shall be exempt except as may be allowed under
    discovery rules adopted by the Illinois Supreme Court. The
    records, documents and information relating to a real
    estate sale shall be exempt until a sale is consummated.
        (t) Any and all proprietary information and records
    related to the operation of an intergovernmental risk
    management association or self-insurance pool or jointly
    self-administered health and accident cooperative or pool.
        (u) Information concerning a university's adjudication
    of student or employee grievance or disciplinary cases, to
    the extent that disclosure would reveal the identity of the
    student or employee and information concerning any public
    body's adjudication of student or employee grievances or
    disciplinary cases, except for the final outcome of the
    cases.
        (v) Course materials or research materials used by
    faculty members.
        (w) Information related solely to the internal
    personnel rules and practices of a public body.
        (x) Information contained in or related to
    examination, operating, or condition reports prepared by,
    on behalf of, or for the use of a public body responsible
    for the regulation or supervision of financial
    institutions or insurance companies, unless disclosure is
    otherwise required by State law.
        (y) Information the disclosure of which is restricted
    under Section 5-108 of the Public Utilities Act.
        (z) Manuals or instruction to staff that relate to
    establishment or collection of liability for any State tax
    or that relate to investigations by a public body to
    determine violation of any criminal law.
        (aa) Applications, related documents, and medical
    records received by the Experimental Organ Transplantation
    Procedures Board and any and all documents or other records
    prepared by the Experimental Organ Transplantation
    Procedures Board or its staff relating to applications it
    has received.
        (bb) Insurance or self insurance (including any
    intergovernmental risk management association or self
    insurance pool) claims, loss or risk management
    information, records, data, advice or communications.
        (cc) Information and records held by the Department of
    Public Health and its authorized representatives relating
    to known or suspected cases of sexually transmissible
    disease or any information the disclosure of which is
    restricted under the Illinois Sexually Transmissible
    Disease Control Act.
        (dd) Information the disclosure of which is exempted
    under Section 30 of the Radon Industry Licensing Act.
        (ee) Firm performance evaluations under Section 55 of
    the Architectural, Engineering, and Land Surveying
    Qualifications Based Selection Act.
        (ff) Security portions of system safety program plans,
    investigation reports, surveys, schedules, lists, data, or
    information compiled, collected, or prepared by or for the
    Regional Transportation Authority under Section 2.11 of
    the Regional Transportation Authority Act or the St. Clair
    County Transit District under the Bi-State Transit Safety
    Act.
        (gg) Information the disclosure of which is restricted
    and exempted under Section 50 of the Illinois Prepaid
    Tuition Act.
        (hh) Information the disclosure of which is exempted
    under the State Officials and Employees Ethics Act.
        (ii) Beginning July 1, 1999, information that would
    disclose or might lead to the disclosure of secret or
    confidential information, codes, algorithms, programs, or
    private keys intended to be used to create electronic or
    digital signatures under the Electronic Commerce Security
    Act.
        (jj) Information contained in a local emergency energy
    plan submitted to a municipality in accordance with a local
    emergency energy plan ordinance that is adopted under
    Section 11-21.5-5 of the Illinois Municipal Code.
        (kk) Information and data concerning the distribution
    of surcharge moneys collected and remitted by wireless
    carriers under the Wireless Emergency Telephone Safety
    Act.
        (ll) Vulnerability assessments, security measures, and
    response policies or plans that are designed to identify,
    prevent, or respond to potential attacks upon a community's
    population or systems, facilities, or installations, the
    destruction or contamination of which would constitute a
    clear and present danger to the health or safety of the
    community, but only to the extent that disclosure could
    reasonably be expected to jeopardize the effectiveness of
    the measures or the safety of the personnel who implement
    them or the public. Information exempt under this item may
    include such things as details pertaining to the
    mobilization or deployment of personnel or equipment, to
    the operation of communication systems or protocols, or to
    tactical operations.
        (mm) Maps and other records regarding the location or
    security of generation, transmission, distribution,
    storage, gathering, treatment, or switching facilities
    owned by a utility or by the Illinois Power Agency.
        (nn) Law enforcement officer identification
    information or driver identification information compiled
    by a law enforcement agency or the Department of
    Transportation under Section 11-212 of the Illinois
    Vehicle Code.
        (oo) Records and information provided to a residential
    health care facility resident sexual assault and death
    review team or the Executive Council under the Abuse
    Prevention Review Team Act.
        (pp) Information provided to the predatory lending
    database created pursuant to Article 3 of the Residential
    Real Property Disclosure Act, except to the extent
    authorized under that Article.
        (qq) Defense budgets and petitions for certification
    of compensation and expenses for court appointed trial
    counsel as provided under Sections 10 and 15 of the Capital
    Crimes Litigation Act. This subsection (qq) shall apply
    until the conclusion of the trial of the case, even if the
    prosecution chooses not to pursue the death penalty prior
    to trial or sentencing.
        (rr) Information contained in or related to proposals,
    bids, or negotiations related to electric power
    procurement under Section 1-75 of the Illinois Power Agency
    Act and Section 16-111.5 of the Public Utilities Act that
    is determined to be confidential and proprietary by the
    Illinois Power Agency or by the Illinois Commerce
    Commission.
        (ss) Information that is prohibited from being
    disclosed under Section 4 of the Illinois Health and
    Hazardous Substances Registry Act.
    (2) This Section does not authorize withholding of
information or limit the availability of records to the public,
except as stated in this Section or otherwise provided in this
Act.
(Source: P.A. 94-280, eff. 1-1-06; 94-508, eff. 1-1-06; 94-664,
eff. 1-1-06; 94-931, eff. 6-26-06; 94-953, eff. 6-27-06;
94-1055, eff. 1-1-07; 95-331, eff. 8-21-07; 95-481, eff.
8-28-07; 95-941, eff. 8-29-08; 95-988, eff. 6-1-09; revised
10-20-08.)
 
    Section 20. The State Employees Group Insurance Act of 1971
is amended by changing Section 6.11 as follows:
 
    (5 ILCS 375/6.11)
    (Text of Section before amendment by P.A. 95-958)
    Sec. 6.11. Required health benefits; Illinois Insurance
Code requirements. The program of health benefits shall provide
the post-mastectomy care benefits required to be covered by a
policy of accident and health insurance under Section 356t of
the Illinois Insurance Code. The program of health benefits
shall provide the coverage required under Sections 356g.5,
356u, 356w, 356x, 356z.2, 356z.4, 356z.6, 356z.9, 356z.10, and
356z.13 356z.11 of the Illinois Insurance Code. The program of
health benefits must comply with Section 155.37 of the Illinois
Insurance Code.
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07;
95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-978, eff.
1-1-09; revised 10-15-08.)
 
    (Text of Section after amendment by P.A. 95-958)
    Sec. 6.11. Required health benefits; Illinois Insurance
Code requirements. The program of health benefits shall provide
the post-mastectomy care benefits required to be covered by a
policy of accident and health insurance under Section 356t of
the Illinois Insurance Code. The program of health benefits
shall provide the coverage required under Sections 356g.5,
356u, 356w, 356x, 356z.2, 356z.4, 356z.6, 356z.9, 356z.10,
356z.11, and 356z.12, and 356z.13 356z.11 of the Illinois
Insurance Code. The program of health benefits must comply with
Section 155.37 of the Illinois Insurance Code.
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07;
95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-958, eff.
6-1-09; 95-978, eff. 1-1-09; revised 10-15-08.)
 
    Section 25. The Election Code is amended by changing
Sections 13-4 and 14-1 as follows:
 
    (10 ILCS 5/13-4)  (from Ch. 46, par. 13-4)
    Sec. 13-4. Qualifications.
    (a) All persons elected or chosen judge of election must:
(1) be citizens of the United States and entitled to vote at
the next election, except as provided in subsection (b) or (c);
(2) be of good repute and character and not subject to the
registration requirement of the Sex Offender Registration Act;
(3) be able to speak, read and write the English language; (4)
be skilled in the four fundamental rules of arithmetic; (5) be
of good understanding and capable; (6) not be candidates for
any office at the election and not be elected committeemen; and
(7) reside in the precinct in which they are selected to act,
except that in each precinct, not more than one judge of each
party may be appointed from outside such precinct. Any judge
selected to serve in any precinct in which he is not entitled
to vote must reside within and be entitled to vote elsewhere
within the county which encompasses the precinct in which such
judge is appointed, except as provided in subsection (b) or
(c). Such judge must meet the other qualifications of this
Section.
    (b) An election authority may establish a program to permit
a person who is not entitled to vote to be appointed as an
election judge if, as of the date of the election at which the
person serves as a judge, he or she:
        (1) is a U.S. citizen;
        (2) is a junior or senior in good standing enrolled in
    a public or private secondary school;
        (3) has a cumulative grade point average equivalent to
    at least 3.0 on a 4.0 scale;
        (4) has the written approval of the principal of the
    secondary school he or she attends at the time of
    appointment;
        (5) has the written approval of his or her parent or
    legal guardian;
        (6) has satisfactorily completed the training course
    for judges of election described in Sections 13-2.1 and
    13-2.2; and
        (7) meets all other qualifications for appointment and
    service as an election judge.
    No more than one election judge qualifying under this
subsection may serve per political party per precinct. Prior to
appointment, a judge qualifying under this subsection must
certify in writing to the election authority the political
party the judge chooses to affiliate with.
    Students appointed as election judges under this
subsection shall not be counted as absent from school on the
day they serve as judges.
    (c) An election authority may establish a program to permit
a person who is not entitled to vote in that precinct or county
to be appointed as an election judge if, as of the date of the
election at which the person serves as a judge, he or she:
        (1) is a U.S. citizen;
        (2) is currently enrolled in a community college, as
    defined in the Public Community College Act, or a public or
    private Illinois university or college;
        (3) has a cumulative grade point average equivalent to
    at least 3.0 on a 4.0 scale;
        (4) has satisfactorily completed the training course
    for judges of election described in Sections 13-2.1 and
    13-2.2; and
        (5) meets all other qualifications for appointment and
    service as an election judge.
    No more than one election judge qualifying under this
subsection may serve per political party per precinct. Prior to
appointment, a judge qualifying under this subsection must
certify in writing to the election authority the political
party the judge chooses to affiliate with.
    Students appointed as election judges under this
subsection shall not be counted as absent from school on the
day they serve as judges.
(Source: P.A. 95-699, eff. 11-9-07; 95-818, eff. 1-1-09;
revised 9-5-08.)
 
    (10 ILCS 5/14-1)  (from Ch. 46, par. 14-1)
    Sec. 14-1. (a) The board of election commissioners
established or existing under Article 6 shall, at the time and
in the manner provided in Section 14-3.1, select and choose 5
persons, men or women, as judges of election for each precinct
in such city, village or incorporated town.
    Where neither voting machines nor electronic, mechanical
or electric voting systems are used, the board of election
commissioners may, for any precinct with respect to which the
board considers such action necessary or desirable in view of
the number of voters, and shall for general elections for any
precinct containing more than 600 registered voters, appoint in
addition to the 5 judges of election a team of 5 tally judges.
In such precincts the judges of election shall preside over the
election during the hours the polls are open, and the tally
judges, with the assistance of the holdover judges designated
pursuant to Section 14-5.2, shall count the vote after the
closing of the polls. The tally judges shall possess the same
qualifications and shall be appointed in the same manner and
with the same division between political parties as is provided
for judges of election. The foregoing provisions relating to
the appointment of tally judges are inapplicable in counties
with a population of 1,000,000 or more.
    (b) To qualify as judges the persons must:
        (1) be citizens of the United States;
        (2) be of good repute and character and not subject to
    the registration requirement of the Sex Offender
    Registration Act;
        (3) be able to speak, read and write the English
    language;
        (4) be skilled in the 4 fundamental rules of
    arithmetic;
        (5) be of good understanding and capable;
        (6) not be candidates for any office at the election
    and not be elected committeemen;
        (7) reside and be entitled to vote in the precinct in
    which they are selected to serve, except that in each
    precinct not more than one judge of each party may be
    appointed from outside such precinct. Any judge so
    appointed to serve in any precinct in which he is not
    entitled to vote must be entitled to vote elsewhere within
    the county which encompasses the precinct in which such
    judge is appointed and such judge must otherwise meet the
    qualifications of this Section, except as provided in
    subsection (c) or (c-5).
    (c) An election authority may establish a program to permit
a person who is not entitled to vote to be appointed as an
election judge if, as of the date of the election at which the
person serves as a judge, he or she:
        (1) is a U.S. citizen;
        (2) is a junior or senior in good standing enrolled in
    a public or private secondary school;
        (3) has a cumulative grade point average equivalent to
    at least 3.0 on a 4.0 scale;
        (4) has the written approval of the principal of the
    secondary school he or she attends at the time of
    appointment;
        (5) has the written approval of his or her parent or
    legal guardian;
        (6) has satisfactorily completed the training course
    for judges of election described in Sections 13-2.1,
    13-2.2, and 14-4.1; and
        (7) meets all other qualifications for appointment and
    service as an election judge.
    No more than one election judge qualifying under this
subsection may serve per political party per precinct. Prior to
appointment, a judge qualifying under this subsection must
certify in writing to the election authority the political
party the judge chooses to affiliate with.
    Students appointed as election judges under this
subsection shall not be counted as absent from school on the
day they serve as judges.
    (c-5) An election authority may establish a program to
permit a person who is not entitled to vote in that precinct or
county to be appointed as an election judge if, as of the date
of the election at which the person serves as a judge, he or
she:
        (1) is a U.S. citizen;
        (2) is currently enrolled in a community college, as
    defined in the Public Community College Act, or a public or
    private Illinois university or college;
        (3) has a cumulative grade point average equivalent to
    at least 3.0 on a 4.0 scale;
        (4) has satisfactorily completed the training course
    for judges of election described in Sections 13-2.1,
    13-2.2, and 14-4.1; and
        (5) meets all other qualifications for appointment and
    service as an election judge.
    No more than one election judge qualifying under this
subsection may serve per political party per precinct. Prior to
appointment, a judge qualifying under this subsection must
certify in writing to the election authority the political
party the judge chooses to affiliate with.
    Students appointed as election judges under this
subsection shall not be counted as absent from school on the
day they serve as judges.
    (d) The board of election commissioners may select 2
additional judges of election, one from each of the major
political parties, for each 200 voters in excess of 600 in any
precinct having more than 600 voters as authorized by Section
11--3. These additional judges must meet the qualifications
prescribed in this Section.
(Source: P.A. 95-699, eff. 11-9-07; 95-818, eff. 1-1-09;
revised 9-5-08.)
 
    Section 30. The Illinois Identification Card Act is amended
by changing Section 4 as follows:
 
    (15 ILCS 335/4)  (from Ch. 124, par. 24)
    Sec. 4. Identification Card.
    (a) The Secretary of State shall issue a standard Illinois
Identification Card to any natural person who is a resident of
the State of Illinois who applies for such card, or renewal
thereof, or who applies for a standard Illinois Identification
Card upon release as a committed person on parole, mandatory
supervised release, final discharge, or pardon from the
Department of Corrections by submitting an identification card
issued by the Department of Corrections under Section 3-14-1 of
the Unified Code of Corrections, together with the prescribed
fees. No identification card shall be issued to any person who
holds a valid foreign state identification card, license, or
permit unless the person first surrenders to the Secretary of
State the valid foreign state identification card, license, or
permit. The card shall be prepared and supplied by the
Secretary of State and shall include a photograph of the
applicant. The applicant, upon receipt of a card and prior to
its use for any purpose, shall affix his signature thereon in
the space provided therefor. The Illinois Identification Card
may be used for identification purposes in any lawful situation
only by the person to whom it was issued. As used in this Act,
"photograph" means any color photograph or digitally produced
and captured image of an applicant for an identification card.
As used in this Act, "signature" means the name of a person as
written by that person and captured in a manner acceptable to
the Secretary of State.
    (b) The Secretary of State shall issue a special Illinois
Identification Card, which shall be known as an Illinois
Disabled Person Identification Card, to any natural person who
is a resident of the State of Illinois, who is a disabled
person as defined in Section 4A of this Act, who applies for
such card, or renewal thereof. No Disabled Person
Identification Card shall be issued to any person who holds a
valid foreign state identification card, license, or permit
unless the person first surrenders to the Secretary of State
the valid foreign state identification card, license, or
permit. The Secretary of State shall charge no fee to issue
such card. The card shall be prepared and supplied by the
Secretary of State, and shall include a photograph of the
applicant, a designation indicating that the card is an
Illinois Disabled Person Identification Card, and shall
include a comprehensible designation of the type and
classification of the applicant's disability as set out in
Section 4A of this Act. If the applicant so requests, the card
shall include a description of the applicant's disability and
any information about the applicant's disability or medical
history which the Secretary determines would be helpful to the
applicant in securing emergency medical care. The applicant,
upon receipt of such a card and prior to its use for any
purpose, shall have affixed thereon in the space provided
therefor his signature or mark. If a mark is used in lieu of a
signature, such mark shall be affixed to the card in the
presence of two witnesses who attest to the authenticity of the
mark. The Illinois Disabled Person Identification Card may be
used for identification purposes in any lawful situation by the
person to whom it was issued.
    The Illinois Disabled Person Identification Card may be
used as adequate documentation of disability in lieu of a
physician's determination of disability, a determination of
disability from a physician assistant who has been delegated
the authority to make this determination by his or her
supervising physician, a determination of disability from an
advanced practice nurse who has a written collaborative
agreement with a collaborating physician that authorizes the
advanced practice nurse to make this determination, or any
other documentation of disability whenever any State law
requires that a disabled person provide such documentation of
disability, however an Illinois Disabled Person Identification
Card shall not qualify the cardholder to participate in any
program or to receive any benefit which is not available to all
persons with like disabilities. Notwithstanding any other
provisions of law, an Illinois Disabled Person Identification
Card, or evidence that the Secretary of State has issued an
Illinois Disabled Person Identification Card, shall not be used
by any person other than the person named on such card to prove
that the person named on such card is a disabled person or for
any other purpose unless the card is used for the benefit of
the person named on such card, and the person named on such
card consents to such use at the time the card is so used.
    An optometrist's determination of a visual disability
under Section 4A of this Act is acceptable as documentation for
the purpose of issuing an Illinois Disabled Person
Identification Card.
    When medical information is contained on an Illinois
Disabled Person Identification Card, the Office of the
Secretary of State shall not be liable for any actions taken
based upon that medical information.
    (c) Beginning January 1, 1986, the Secretary of State shall
provide that each original or renewal Illinois Identification
Card or Illinois Disabled Person Identification Card issued to
a person under the age of 21, shall be of a distinct nature
from those Illinois Identification Cards or Illinois Disabled
Person Identification Cards issued to individuals 21 years of
age or older. The color designated for Illinois Identification
Cards or Illinois Disabled Person Identification Cards for
persons under the age of 21 shall be at the discretion of the
Secretary of State.
    (c-1) Beginning January 1, 2003, each original or renewal
Illinois Identification Card or Illinois Disabled Person
Identification Card issued to a person under the age of 21
shall display the date upon which the person becomes 18 years
of age and the date upon which the person becomes 21 years of
age.
    (d) The Secretary of State may issue a Senior Citizen
discount card, to any natural person who is a resident of the
State of Illinois who is 60 years of age or older and who
applies for such a card or renewal thereof. The Secretary of
State shall charge no fee to issue such card. The card shall be
issued in every county and applications shall be made available
at, but not limited to, nutrition sites, senior citizen centers
and Area Agencies on Aging. The applicant, upon receipt of such
card and prior to its use for any purpose, shall have affixed
thereon in the space provided therefor his signature or mark.
    (e) The Secretary of State, in his or her discretion, may
designate on each Illinois Identification Card or Illinois
Disabled Person Identification Card a space where the card
holder may place a sticker or decal, issued by the Secretary of
State, of uniform size as the Secretary may specify, that shall
indicate in appropriate language that the card holder has
renewed his or her Illinois Identification Card or Illinois
Disabled Person Identification Card.
(Source: P.A. 95-762, eff. 1-1-09; 95-779, eff. 1-1-09; revised
9-5-08.)
 
    Section 35. The Civil Administrative Code of Illinois is
amended by changing Sections 1-5, 5-15, and 5-20 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
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 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 2005. Department of Nuclear Safety Law (20 ILCS
2005/).
    Article 2105. Department of Professional Regulation Law
(20 ILCS 2105/).
    Article 2205. Department of Healthcare and Family Services
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; revised 11-6-08.)
 
    (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 Employment Security.
    The Illinois Emergency Management Agency.
    The Department of Financial and Professional Regulation.
    The Department of Financial Institutions.
    The Department of Healthcare and Family Services.
    The Department of Human Rights.
    The Department of Human Services.
    The Illinois Power Agency.
    The Department of Insurance.
    The Department of Juvenile Justice.
    The Department of Labor.
    The Department of the Lottery.
    The Department of Natural Resources.
    The Department of Professional Regulation.
    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. 94-696, eff. 6-1-06; 95-331, eff. 8-21-07;
95-481, eff. 8-28-07; 95-777, eff. 8-4-08; revised 10-23-08.)
 
    (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
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 Employment Security, for the Department of
Employment Security.
    Secretary of Financial and Professional Regulation, for
the Department of Financial and Professional Regulation.
    Director of Financial Institutions, for the Department of
Financial Institutions.
    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 the Illinois Power Agency, for the Illinois
Power Agency.
    Director of Insurance, for the Department of Insurance.
    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 Professional Regulation, for the Department of
Professional Regulation.
    Director of Public Health, for the Department of Public
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. 94-696, eff. 6-1-06; 95-331, eff. 8-21-07;
95-481, eff. 8-28-07; 95-777, eff. 8-4-08; revised 10-23-08.)
 
    Section 40. The Illinois Act on the Aging is amended by
changing Sections 4.03 and 4.04 as follows:
 
    (20 ILCS 105/4.03)  (from Ch. 23, par. 6104.03)
    Sec. 4.03. The Department on Aging, in cooperation with the
Department of Human Services and any other appropriate State,
local or federal agency, shall, without regard to income
guidelines, establish a nursing home prescreening program to
determine whether Alzheimer's Disease and related disorders
victims, and persons who are deemed as blind or disabled as
defined by the Social Security Act and who are in need of long
term care, may be satisfactorily cared for in their homes
through the use of home and community based services.
Responsibility for prescreening shall be vested with case
coordination units. Prescreening shall occur: (i) when
hospital discharge planners have advised the case coordination
unit of the imminent risk of nursing home placement of a
patient who meets the above criteria and in advance of
discharge of the patient; or (ii) when a case coordination unit
has been advised of the imminent risk of nursing home placement
of an individual in the community. The individual who is
prescreened shall be informed of all appropriate options,
including placement in a nursing home and the availability of
in-home and community-based services and shall be advised of
her or his right to refuse nursing home, in-home,
community-based, or all services. Case coordination units
under contract with the Department may charge a fee for the
prescreening provided under this Section and the fee shall be
no greater than the cost of such services to the case
coordination unit. At the time of each prescreening, case
coordination units shall provide information regarding the
Office of State Long Term Care Ombudsman's Residents Right to
Know database as authorized in subsection (c-5) of Section
4.04.
(Source: P.A. 95-80, eff. 8-13-07; 95-823, eff. 1-1-09; revised
9-5-08.)
 
    (20 ILCS 105/4.04)  (from Ch. 23, par. 6104.04)
    Sec. 4.04. Long Term Care Ombudsman Program.
    (a) Long Term Care Ombudsman Program. The Department shall
establish a Long Term Care Ombudsman Program, through the
Office of State Long Term Care Ombudsman ("the Office"), in
accordance with the provisions of the Older Americans Act of
1965, as now or hereafter amended.
    (b) Definitions. As used in this Section, unless the
context requires otherwise:
        (1) "Access" has the same meaning as in Section 1-104
    of the Nursing Home Care Act, as now or hereafter amended;
    that is, it means the right to:
            (i) Enter any long term care facility or assisted
        living or shared housing establishment or supportive
        living facility;
            (ii) Communicate privately and without restriction
        with any resident, regardless of age, who consents to
        the communication;
            (iii) Seek consent to communicate privately and
        without restriction with any resident, regardless of
        age;
            (iv) Inspect the clinical and other records of a
        resident, regardless of age, with the express written
        consent of the resident;
            (v) Observe all areas of the long term care
        facility or supportive living facilities, assisted
        living or shared housing establishment except the
        living area of any resident who protests the
        observation.
        (2) "Long Term Care Facility" means (i) any facility as
    defined by Section 1-113 of the Nursing Home Care Act, as
    now or hereafter amended; and (ii) any skilled nursing
    facility or a nursing facility which meets the requirements
    of Section 1819(a), (b), (c), and (d) or Section 1919(a),
    (b), (c), and (d) of the Social Security Act, as now or
    hereafter amended (42 U.S.C. 1395i-3(a), (b), (c), and (d)
    and 42 U.S.C. 1396r(a), (b), (c), and (d)).
        (2.5) "Assisted living establishment" and "shared
    housing establishment" have the meanings given those terms
    in Section 10 of the Assisted Living and Shared Housing
    Act.
        (2.7) "Supportive living facility" means a facility
    established under Section 5-5.01a of the Illinois Public
    Aid Code.
        (3) "State Long Term Care Ombudsman" means any person
    employed by the Department to fulfill the requirements of
    the Office of State Long Term Care Ombudsman as required
    under the Older Americans Act of 1965, as now or hereafter
    amended, and Departmental policy.
        (3.1) "Ombudsman" means any designated representative
    of a regional long term care ombudsman program; provided
    that the representative, whether he is paid for or
    volunteers his ombudsman services, shall be qualified and
    designated by the Office to perform the duties of an
    ombudsman as specified by the Department in rules and in
    accordance with the provisions of the Older Americans Act
    of 1965, as now or hereafter amended.
    (c) Ombudsman; rules. The Office of State Long Term Care
Ombudsman shall be composed of at least one full-time ombudsman
and shall include a system of designated regional long term
care ombudsman programs. Each regional program shall be
designated by the State Long Term Care Ombudsman as a
subdivision of the Office and any representative of a regional
program shall be treated as a representative of the Office.
    The Department, in consultation with the Office, shall
promulgate administrative rules in accordance with the
provisions of the Older Americans Act of 1965, as now or
hereafter amended, to establish the responsibilities of the
Department and the Office of State Long Term Care Ombudsman and
the designated regional Ombudsman programs. The administrative
rules shall include the responsibility of the Office and
designated regional programs to investigate and resolve
complaints made by or on behalf of residents of long term care
facilities, supportive living facilities, and assisted living
and shared housing establishments, including the option to
serve residents under the age of 60, relating to actions,
inaction, or decisions of providers, or their representatives,
of long term care facilities, of supported living facilities,
of assisted living and shared housing establishments, of public
agencies, or of social services agencies, which may adversely
affect the health, safety, welfare, or rights of such
residents. The Office and designated regional programs may
represent all residents, but are not required by this Act to
represent persons under 60 years of age, except to the extent
required by federal law. When necessary and appropriate,
representatives of the Office shall refer complaints to the
appropriate regulatory State agency. The Department, in
consultation with the Office, shall cooperate with the
Department of Human Services and other State agencies in
providing information and training to designated regional long
term care ombudsman programs about the appropriate assessment
and treatment (including information about appropriate
supportive services, treatment options, and assessment of
rehabilitation potential) of the residents they serve,
including children, persons with mental illness (other than
Alzheimer's disease and related disorders), and persons with
developmental disabilities.
    The State Long Term Care Ombudsman and all other ombudsmen,
as defined in paragraph (3.1) of subsection (b) must submit to
background checks under the Health Care Worker Background Check
Act and receive training, as prescribed by the Illinois
Department on Aging, before visiting facilities. The training
must include information specific to assisted living
establishments, supportive living facilities, and shared
housing establishments and to the rights of residents
guaranteed under the corresponding Acts and administrative
rules.
    (c-5) Consumer Choice Information Reports. The Office
shall:
        (1) In collaboration with the Attorney General, create
    a Consumer Choice Information Report form to be completed
    by all licensed long term care facilities to aid
    Illinoisans and their families in making informed choices
    about long term care. The Office shall create a Consumer
    Choice Information Report for each type of licensed long
    term care facility.
        (2) Develop a database of Consumer Choice Information
    Reports completed by licensed long term care facilities
    that includes information in the following consumer
    categories:
            (A) Medical Care, Services, and Treatment.
            (B) Special Services and Amenities.
            (C) Staffing.
            (D) Facility Statistics and Resident Demographics.
            (E) Ownership and Administration.
            (F) Safety and Security.
            (G) Meals and Nutrition.
            (H) Rooms, Furnishings, and Equipment.
            (I) Family, Volunteer, and Visitation Provisions.
        (3) Make this information accessible to the public,
    including on the Internet by means of a hyperlink labeled
    "Resident's Right to Know" on the Office's World Wide Web
    home page.
        (4) Have the authority, with the Attorney General, to
    verify that information provided by a facility is accurate.
        (5) Request a new report from any licensed facility
    whenever it deems necessary.
    (d) Access and visitation rights.
        (1) In accordance with subparagraphs (A) and (E) of
    paragraph (3) of subsection (c) of Section 1819 and
    subparagraphs (A) and (E) of paragraph (3) of subsection
    (c) of Section 1919 of the Social Security Act, as now or
    hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) and
    42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 of the
    Older Americans Act of 1965, as now or hereafter amended
    (42 U.S.C. 3058f), a long term care facility, supportive
    living facility, assisted living establishment, and shared
    housing establishment must:
            (i) permit immediate access to any resident,
        regardless of age, by a designated ombudsman; and
            (ii) permit representatives of the Office, with
        the permission of the resident's legal representative
        or legal guardian, to examine a resident's clinical and
        other records, regardless of the age of the resident,
        and if a resident is unable to consent to such review,
        and has no legal guardian, permit representatives of
        the Office appropriate access, as defined by the
        Department, in consultation with the Office, in
        administrative rules, to the resident's records.
        (2) Each long term care facility, supportive living
    facility, assisted living establishment, and shared
    housing establishment shall display, in multiple,
    conspicuous public places within the facility accessible
    to both visitors and residents and in an easily readable
    format, the address and phone number of the Office of the
    Long Term Care Ombudsman, in a manner prescribed by the
    Office.
    (e) Immunity. An ombudsman or any representative of the
Office participating in the good faith performance of his or
her official duties shall have immunity from any liability
(civil, criminal or otherwise) in any proceedings (civil,
criminal or otherwise) brought as a consequence of the
performance of his official duties.
    (f) Business offenses.
        (1) No person shall:
            (i) Intentionally prevent, interfere with, or
        attempt to impede in any way any representative of the
        Office in the performance of his official duties under
        this Act and the Older Americans Act of 1965; or
            (ii) Intentionally retaliate, discriminate
        against, or effect reprisals against any long term care
        facility resident or employee for contacting or
        providing information to any representative of the
        Office.
        (2) A violation of this Section is a business offense,
    punishable by a fine not to exceed $501.
        (3) The Director of Aging, in consultation with the
    Office, shall notify the State's Attorney of the county in
    which the long term care facility, supportive living
    facility, or assisted living or shared housing
    establishment is located, or the Attorney General, of any
    violations of this Section.
    (g) Confidentiality of records and identities. The
Department shall establish procedures for the disclosure by the
State Ombudsman or the regional ombudsmen entities of files
maintained by the program. The procedures shall provide that
the files and records may be disclosed only at the discretion
of the State Long Term Care Ombudsman or the person designated
by the State Ombudsman to disclose the files and records, and
the procedures shall prohibit the disclosure of the identity of
any complainant, resident, witness, or employee of a long term
care provider unless:
        (1) the complainant, resident, witness, or employee of
    a long term care provider or his or her legal
    representative consents to the disclosure and the consent
    is in writing;
        (2) the complainant, resident, witness, or employee of
    a long term care provider gives consent orally; and the
    consent is documented contemporaneously in writing in
    accordance with such requirements as the Department shall
    establish; or
        (3) the disclosure is required by court order.
    (h) Legal representation. The Attorney General shall
provide legal representation to any representative of the
Office against whom suit or other legal action is brought in
connection with the performance of the representative's
official duties, in accordance with the State Employee
Indemnification Act.
    (i) Treatment by prayer and spiritual means. Nothing in
this Act shall be construed to authorize or require the medical
supervision, regulation or control of remedial care or
treatment of any resident in a long term care facility operated
exclusively by and for members or adherents of any church or
religious denomination the tenets and practices of which
include reliance solely upon spiritual means through prayer for
healing.
(Source: P.A. 95-620, eff. 9-17-07; 95-823, eff. 1-1-09;
revised 9-5-08.)
 
    Section 45. The Child Death Review Team Act is amended by
changing Section 20 as follows:
 
    (20 ILCS 515/20)
    Sec. 20. Reviews of child deaths.
    (a) Every child death shall be reviewed by the team in the
subregion which has primary case management responsibility.
The deceased child must be one of the following:
        (1) A ward of the Department.
        (2) The subject of an open service case maintained by
    the Department.
        (3) The subject of a pending child abuse or neglect
    investigation.
        (4) A child who was the subject of an abuse or neglect
    investigation at any time during the 12 months preceding
    the child's death.
        (5) Any other child whose death is reported to the
    State central register as a result of alleged child abuse
    or neglect which report is subsequently indicated.
    A child death review team may, at its discretion, review
other sudden, unexpected, or unexplained child deaths, and
cases of serious or fatal injuries to a child identified under
the Children's Child Advocacy Center Act.
    (b) A child death review team's purpose in conducting
reviews of child deaths is to do the following:
        (1) Assist in determining the cause and manner of the
    child's death, when requested.
        (2) Evaluate means by which the death might have been
    prevented.
        (3) Report its findings to appropriate agencies and
    make recommendations that may help to reduce the number of
    child deaths caused by abuse or neglect.
        (4) Promote continuing education for professionals
    involved in investigating, treating, and preventing child
    abuse and neglect as a means of preventing child deaths due
    to abuse or neglect.
        (5) Make specific recommendations to the Director and
    the Inspector General of the Department concerning the
    prevention of child deaths due to abuse or neglect and the
    establishment of protocols for investigating child deaths.
    (c) A child death review team shall review a child death as
soon as practical and not later than 90 days following the
completion by the Department of the investigation of the death
under the Abused and Neglected Child Reporting Act. When there
has been no investigation by the Department, the child death
review team shall review a child's death within 90 days after
obtaining the information necessary to complete the review from
the coroner, pathologist, medical examiner, or law enforcement
agency, depending on the nature of the case. A child death
review team shall meet at least once in each calendar quarter.
    (d) The Director shall, within 90 days, review and reply to
recommendations made by a team under item (5) of subsection
(b). With respect to each recommendation made by a team, the
Director shall submit his or her reply both to the chairperson
of that team and to the chairperson of the Executive Council.
The Director's reply to each recommendation must include a
statement as to whether the Director intends to implement the
recommendation.
    The Director shall implement recommendations as feasible
and appropriate and shall respond in writing to explain the
implementation or nonimplementation of the recommendations.
    (e) Within 90 days after the Director submits a reply with
respect to a recommendation as required by subsection (d), the
Director must submit an additional report that sets forth in
detail the way, if any, in which the Director will implement
the recommendation and the schedule for implementing the
recommendation. The Director shall submit this report to the
chairperson of the team that made the recommendation and to the
chairperson of the Executive Council.
    (f) Within 180 days after the Director submits a report
under subsection (e) concerning the implementation of a
recommendation, the Director shall submit a further report to
the chairperson of the team that made the recommendation and to
the chairperson of the Executive Council. This report shall set
forth the specific changes in the Department's policies and
procedures that have been made in response to the
recommendation.
(Source: P.A. 95-405, eff. 6-1-08; 95-527, eff. 6-1-08; 95-876,
eff. 8-21-08; revised 10-23-08.)
 
    Section 50. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Sections 2310-76 and 2310-90 as follows:
 
    (20 ILCS 2310/2310-76)
    Sec. 2310-76. Chronic Disease Prevention and Health
Promotion Task Force.
    (a) In Illinois, as well as in other parts of the United
States, chronic diseases are a significant health and economic
problem for our citizens and State government. Chronic diseases
such as cancer, diabetes, cardiovascular disease, and
arthritis are largely preventable non-communicable conditions
associated with risk factors such as poor nutrition, physical
inactivity, tobacco or alcohol abuse, as well as other social
determinants of chronic illness. It is fully documented by
national and State data that significant disparity exists
between racial, ethnic, and socioeconomic groups and that the
incidence and impact of many of these conditions
disproportionately affect these populations.
    Chronic diseases can take away a person's quality of life
or his or her ability to work. The Centers for Disease Control
and Prevention reports that 7 out of 10 Americans who die each
year, or more than 1.7 million people, die of a chronic
disease. In Illinois, studies have indicated that during the
study period the State has spent more than $12.5 billion in
health care dollars to treat chronic diseases in our State. The
financial burden for Illinois from the impact of lost work days
and lower employee productivity during the same time period
related to chronic diseases resulted in an annual economic loss
of $43.6 billion. These same studies have concluded that
improvements in preventing and managing chronic diseases could
drastically reduce future costs associated with chronic
disease in Illinois and that the most effective way to trim
healthcare spending in Illinois and across the U.S. is to take
measures aimed at preventing diseases before we have to treat
them. Furthermore, by addressing health disparities and by
targeting chronic disease prevention and health promotion
services toward the highest risk groups, especially in
communities where racial, ethnic, and socioeconomic factors
indicate high rates of these diseases, the goals of improving
the overall health status for all Illinois residents can be
achieved. Health promotion and prevention programs and
activities are scattered throughout a number of State agencies
with various streams of funding and little coordination. While
the State has been looking at making significant changes to
healthcare coverage for a portion of the population, in order
to have the most effective impact, any changes to the
healthcare delivery system in Illinois should take into
consideration and integrate the role of prevention and health
promotion in that system.
    (b) Subject to appropriation, within 6 months after the
effective date of this amendatory Act of the 95th General
Assembly, a Task Force on Chronic Disease Prevention and Health
Promotion shall be convened to study and make recommendations
regarding the structure of the chronic disease prevention and
health promotion system in Illinois, as well as changes that
should be made to the system in order to integrate and
coordinate efforts in the State and ensure continuity and
consistency of purpose and the elimination of disparity in the
delivery of this care in Illinois.
    (c) The Department of Public Health shall have primary
responsibility for, and shall provide staffing and technical
and administrative support for the Task Force in its efforts.
The other State agencies represented on the Task Force shall
work cooperatively with the Department of Public Health to
provide administrative and technical support to the Task Force
in its efforts. Membership of the Task Force shall consist of
18 members as follows: the Director of Public Health, who shall
serve as Chair; the Secretary of Human Services or his or her
designee; the Director of Aging or his or her designee; the
Director of Healthcare and Family Services or his or her
designee; 4 members of the General Assembly, one from the State
Senate appointed by the President of the Senate, one from the
State Senate appointed by the Minority Leader of the Senate,
one from the House of Representatives appointed by the Speaker
of the House, and one from the House of Representatives
appointed by the Minority Leader of the House; and 10 members
appointed by the Director of Public Health and who shall be
representative of State associations and advocacy
organizations with a primary focus that includes chronic
disease prevention, public health delivery, medicine, health
care and disease management, or community health.
    (d) The Task Force shall seek input from interested parties
and shall hold a minimum of 3 public hearings across the State,
including one in northern Illinois, one in central Illinois,
and one in southern Illinois.
    (e) On or before July 1, 2010, the Task Force shall, at a
minimum, make recommendations to the Director of Public Health
on the following: reforming the delivery system for chronic
disease prevention and health promotion in Illinois; ensuring
adequate funding for infrastructure and delivery of programs;
addressing health disparity; and the role of health promotion
and chronic disease prevention in support of State spending on
health care.
(Source: P.A. 95-900, eff. 8-25-08; revised 9-10-08.)
 
    (20 ILCS 2310/2310-90)  (was 20 ILCS 2310/55.09)
    Sec. 2310-90. Laboratories; fees; Public Health Laboratory
Services Revolving Fund. To maintain physical, chemical,
bacteriological, and biological laboratories; to make
examinations of milk, water, atmosphere, sewage, wastes, and
other substances, and equipment and processes relating
thereto; to make diagnostic tests for diseases and tests for
the evaluation of health hazards considered necessary for the
protection of the people of the State; and to assess a
reasonable fee for services provided as established by
regulation, under the Illinois Administrative Procedure Act,
which shall not exceed the Department's actual costs to provide
these services.
    Excepting fees collected under the Newborn Metabolic
Screening Phenylketonuria Testing Act and the Lead Poisoning
Prevention Act, all fees shall be deposited into the Public
Health Laboratory Services Revolving Fund. Other State and
federal funds related to laboratory services may also be
deposited into the Fund, and all interest that accrues on the
moneys in the Fund shall be deposited into the Fund.
    Moneys shall be appropriated from the Fund solely for the
purposes of testing specimens submitted in support of
Department programs established for the protection of human
health, welfare, and safety, and for testing specimens
submitted by physicians and other health care providers, to
determine whether chemically hazardous, biologically
infectious substances, or other disease causing conditions are
present.
(Source: P.A. 91-239, eff. 1-1-00; revised 1-22-08.)
 
    Section 55. The Criminal Identification Act is amended by
changing Section 5 as follows:
 
    (20 ILCS 2630/5)  (from Ch. 38, par. 206-5)
    Sec. 5. Arrest reports; expungement.
    (a) All policing bodies of this State shall furnish to the
Department, daily, in the form and detail the Department
requires, fingerprints and descriptions of all persons who are
arrested on charges of violating any penal statute of this
State for offenses that are classified as felonies and Class A
or B misdemeanors and of all minors of the age of 10 and over
who have been arrested for an offense which would be a felony
if committed by an adult, and may forward such fingerprints and
descriptions for minors arrested for Class A or B misdemeanors.
Moving or nonmoving traffic violations under the Illinois
Vehicle Code shall not be reported except for violations of
Chapter 4, Section 11-204.1, or Section 11-501 of that Code. In
addition, conservation offenses, as defined in the Supreme
Court Rule 501(c), that are classified as Class B misdemeanors
shall not be reported.
    Whenever an adult or minor prosecuted as an adult, not
having previously been convicted of any criminal offense or
municipal ordinance violation, charged with a violation of a
municipal ordinance or a felony or misdemeanor, is acquitted or
released without being convicted, whether the acquittal or
release occurred before, on, or after the effective date of
this amendatory Act of 1991, 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
defendant's trial may upon verified petition of the defendant
order the record of arrest expunged from the official records
of the arresting authority and the Department and order that
the records of the clerk of the circuit court be sealed until
further order of the court upon good cause shown and the name
of the defendant 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. The Department may charge the petitioner a fee
equivalent to the cost of processing any order to expunge or
seal the records, and the fee shall be deposited into the State
Police Services Fund. The records of those arrests, however,
that result in a disposition of supervision for any offense
shall not be expunged from the records of the arresting
authority or the Department nor impounded by the court until 2
years after discharge and dismissal of supervision. Those
records that result from a supervision for a violation of
Section 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
Vehicle Code or a similar provision of a local ordinance, or
for a violation of Section 12-3.2, 12-15 or 16A-3 of the
Criminal Code of 1961, or 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 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 when the judgment of
conviction has been vacated, Section 40-10 of the Alcoholism
and Other Drug Abuse and Dependency Act when the judgment of
conviction has been vacated, or Section 10 of the Steroid
Control Act shall not be expunged from the records of the
arresting authority nor impounded by the court until 5 years
after termination of probation or supervision. Those records
that result from a supervision for a violation of Section
11-501 of the Illinois Vehicle Code or a similar provision of a
local ordinance, shall not be expunged. All records set out
above may be ordered by the court to be expunged from the
records of the arresting authority and impounded by the court
after 5 years, but shall not be expunged by the Department, but
shall, on court order be sealed by the Department and 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. Upon
conviction for any offense, the Department of Corrections shall
have access to all sealed records of the Department pertaining
to that individual.
    (a-5) 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.
    (b) Whenever a person has been convicted of a crime or of
the violation of a municipal ordinance, in the name of a person
whose identity he 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 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 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 clerk of the
circuit court clerk shall be sealed until 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.
For purposes of this Section, convictions for moving and
nonmoving traffic violations other than convictions for
violations of Chapter 4, Section 11-204.1 or Section 11-501 of
the Illinois Vehicle Code shall not be a bar to expunging the
record of arrest and court records for violation of a
misdemeanor or municipal ordinance.
    (c) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he 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, may 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 clerk of the circuit court 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
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 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 as required by law or 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 clerk of the circuit court shall
promptly mail a copy of the order to the person who was
pardoned.
    (c-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 defendant's trial to have a court
order entered to seal the records of the clerk of the circuit
court 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 clerk of the circuit court in
connection with the proceedings of the trial court concerning
the offense available for public inspection.
    (c-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 defendant was factually innocent
of the charge, the court shall enter an expungement order as
provided in subsection (b) of Section 5-5-4 of the Unified Code
of Corrections.
    (d) Notice of the petition for subsections (a), (b), and
(c) shall be served by the clerk upon the State's Attorney or
prosecutor charged with the duty of prosecuting the offense,
the Department of State Police, the arresting agency and the
chief legal officer of the unit of local government affecting
the arrest. Unless the State's Attorney or prosecutor, the
Department of State Police, the arresting agency or such chief
legal officer objects to the petition within 30 days from the
date of the notice, the court shall enter an order granting or
denying the petition. The clerk of the court shall promptly
mail a copy of the order to the person, the arresting agency,
the prosecutor, the Department of State Police and such other
criminal justice agencies as may be ordered by the judge.
    (e) Nothing herein 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 12-4.3 of the
Criminal Code of 1961, 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.
    (f) No court order issued under the expungement provisions
of this Section shall become final for purposes of appeal until
30 days after notice is received by the Department. Any court
order contrary to the provisions of this Section is void.
    (g) Except as otherwise provided in subsection (c-5) of
this Section, the court shall not order the sealing or
expungement of the arrest records and records of the circuit
court clerk of any person granted supervision for or convicted
of any sexual offense committed against a minor under 18 years
of age. For the purposes of this Section, "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.
    (h) (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) Sealable offenses. The following offenses may be
sealed:
        (A) All municipal ordinance violations and
    misdemeanors, with the exception of the following:
            (i) violations of Section 11-501 of the Illinois
        Vehicle Code or a similar provision of a local
        ordinance;
            (ii) violations of Article 11 of the Criminal Code
        of 1961 or a similar provision of a local ordinance,
        except Section 11-14 of the Criminal Code of 1961 as
        provided in clause B(i) of this subsection (h);
            (iii) violations of Section 12-15, 12-30, or 26-5
        of the Criminal Code of 1961 or a similar provision of
        a local ordinance;
            (iv) violations that are a crime of violence as
        defined in Section 2 of the Crime Victims Compensation
        Act or a similar provision of a local ordinance;
            (v) Class A misdemeanor violations of the Humane
        Care for Animals Act; and
            (vi) any offense or attempted offense that would
        subject a person to registration under the Sex Offender
        Registration Act.
        (B) Misdemeanor and Class 4 felony violations of:
            (i) Section 11-14 of the Criminal Code of 1961;
            (ii) Section 4 of the Cannabis Control Act;
            (iii) Section 402 of the Illinois Controlled
        Substances Act; and
            (iv) Section 60 of the Methamphetamine Control and
        Community Protection Act.
        However, for purposes of this subsection (h), a
    sentence of first offender probation under Section 10 of
    the Cannabis Control Act, Section 410 of the Illinois
    Controlled Substances Act, or Section 70 of the
    Methamphetamine Control and Community Protection Act shall
    be treated as a Class 4 felony conviction.
    (3) Requirements for sealing. Records identified as
sealable under clause (h) (2) may be sealed when the individual
was:
        (A) Acquitted of the offense or offenses or released
    without being convicted.
        (B) Convicted of the offense or offenses and the
    conviction or convictions were reversed.
        (C) Placed on misdemeanor supervision for an offense or
    offenses; and
            (i) at least 3 years have elapsed since the
        completion of the term of supervision, or terms of
        supervision, if more than one term has been ordered;
        and
            (ii) the individual has not been convicted of a
        felony or misdemeanor or placed on supervision for a
        misdemeanor or felony during the period specified in
        clause (i).
        (D) Convicted of an offense or offenses; and
            (i) at least 4 years have elapsed since the last
        such conviction or term of any sentence, probation,
        parole, or supervision, if any, whichever is last in
        time; and
            (ii) the individual has not been convicted of a
        felony or misdemeanor or placed on supervision for a
        misdemeanor or felony during the period specified in
        clause (i).
    (4) Requirements for sealing of records when more than one
charge and disposition have been filed. When multiple offenses
are petitioned to be sealed under this subsection (h), the
requirements of the relevant provisions of clauses (h)(3)(A)
through (D) each apply. In instances in which more than one
waiting period is applicable under clauses (h)(C)(i) and (ii)
and (h)(D)(i) and (ii), the longer applicable period applies,
and the requirements of clause (h) (3) shall be considered met
when the petition is filed after the passage of the longer
applicable waiting period. That period commences on the date of
the completion of the last sentence or the end of supervision,
probation, or parole, whichever is last in time.
    (5) Subsequent convictions. A person may not have
subsequent felony conviction records sealed as provided in this
subsection (h) if he or she is convicted of any felony offense
after the date of the sealing of prior felony records as
provided in this subsection (h).
    (6) Notice of eligibility for sealing. Upon acquittal,
release without conviction, or being placed on supervision for
a sealable offense, or upon conviction of a sealable offense,
the person shall be informed by the court of the right to have
the records sealed and the procedures for the sealing of the
records.
    (7) Procedure. Upon becoming eligible for the sealing of
records under this subsection (h), the person who seeks the
sealing of his or her records shall file a petition requesting
the sealing of records with the clerk of the court where the
charge or charges were brought. The records may be sealed by
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 defendant's trial, if any. If 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.
        (A) Contents of petition. The petition shall contain
    the petitioner's name, date of birth, current address, each
    charge, each case number, the date of each charge, 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
    clerk of the court of any change of address.
        (B) Drug test. A person filing a petition to have his
    or her records sealed for a Class 4 felony violation of
    Section 4 of the Cannabis Control Act or for a Class 4
    felony violation of Section 402 of the Illinois Controlled
    Substances Act must attach to the petition proof that the
    petitioner has passed a test taken within the previous 30
    days before the filing of the petition showing the absence
    within his or her body of all illegal substances in
    violation of either the Illinois Controlled Substances Act
    or the Cannabis Control Act.
        (C) Service of petition. The clerk shall promptly serve
    a copy of the petition on the State's Attorney or
    prosecutor charged with the duty 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.
        (D) Entry of order. Unless the State's Attorney or
    prosecutor, the Department of State Police, the arresting
    agency or such chief legal officer objects to sealing of
    the records within 90 days of notice the court shall enter
    an order sealing the defendant's records.
        (E) Hearing upon objection. If an objection is filed,
    the court shall set a date for a hearing and notify the
    petitioner and the parties on whom the petition had been
    served, and shall hear evidence on whether the sealing of
    the records should or should not be granted, and shall make
    a determination on whether to issue an order to seal the
    records based on the evidence presented at the hearing.
        (F) Service of order. After entering the order to seal
    records, the court must provide copies of the order to the
    Department, in a form and manner 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.
    (8) Fees. Notwithstanding any provision of the Clerk of the
Courts Act to the contrary, and subject to the approval of the
county board, the clerk may charge a fee equivalent to the cost
associated with the sealing of records by the clerk and the
Department of State Police. The clerk shall forward the
Department of State Police portion of the fee to the Department
and it shall be deposited into the State Police Services Fund.
    (i) 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
criminal records under Public Act 93-211, in accordance to
rules adopted by the Department. At the request of the Illinois
Department of Corrections, records of the Illinois Department
of 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, 2006.
    (j) Notwithstanding any provision of the Clerks of Courts
Act to the contrary, the clerk may charge a fee equivalent to
the cost associated with the sealing or expungement of records
by the clerk. From the total filing fee collected for the
Petition to seal or expunge, the 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 clerk shall
also charge a filing fee equivalent to the cost of sealing or
expunging the record by the Department of State Police. The
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.
(Source: P.A. 94-556, eff. 9-11-05; 95-955, eff. 1-1-09;
revised 10-28-08.)
 
    Section 60. The State Finance Act is amended by setting
forth and renumbering multiple versions of Sections 5.675,
5.676, 5.677, 5.678, 5.701, 5.708, 5.710, and 6z-69 as follows:
 
    (30 ILCS 105/5.675)
    Sec. 5.675. The Employee Classification Fund.
(Source: P.A. 95-26, eff. 1-1-08; 95-876, eff. 8-21-08.)
 
    (30 ILCS 105/5.676)
    Sec. 5.676. The Monitoring Device Driving Permit
Administration Fee Fund.
(Source: P.A. 95-400, eff. 1-1-09.)
 
    (30 ILCS 105/5.677)
    Sec. 5.677. The Sheet Metal Workers International
Association of Illinois Fund.
(Source: P.A. 95-531, eff. 1-1-08; 95-876, eff. 8-21-08.)
 
    (30 ILCS 105/5.678)
    Sec. 5.678. The Agriculture in the Classroom Fund.
(Source: P.A. 95-94, eff. 8-13-07; 95-876, eff. 8-21-08.)
 
    (30 ILCS 105/5.701)
    Sec. 5.701. Comprehensive Regional Planning Fund.
(Source: P.A. 95-677, eff. 10-11-07; 95-876, eff. 8-21-08.)
 
    (30 ILCS 105/5.703)
    Sec. 5.703 5.675. The Human Services Priority Capital
Program Fund.
(Source: P.A. 95-707, eff. 1-11-08; revised 1-23-08.)
 
    (30 ILCS 105/5.704)
    Sec. 5.704 5.676. The Predatory Lending Database Program
Fund.
(Source: P.A. 95-707, eff. 1-11-08; revised 1-23-08.)
 
    (30 ILCS 105/5.705)
    Sec. 5.705 5.677. The Secretary of State Identification
Security and Theft Prevention Fund.
(Source: P.A. 95-707, eff. 1-11-08; revised 1-23-08.)
 
    (30 ILCS 105/5.706)
    Sec. 5.706 5.678. The Franchise Tax and License Fee Amnesty
Administration Fund.
(Source: P.A. 95-707, eff. 1-11-08; revised 1-23-08.)
 
    (30 ILCS 105/5.707)
    Sec. 5.707 5.675. The Married Families Domestic Violence
Fund.
(Source: P.A. 95-711, eff. 6-1-08; revised 10-21-08.)
 
    (30 ILCS 105/5.708)
    Sec. 5.708. The Downstate Transit Improvement Fund.
(Source: P.A. 95-708, eff. 1-18-08.)
 
    (30 ILCS 105/5.709)
    Sec. 5.709 5.676. The Illinois Affordable Housing Capital
Fund.
(Source: P.A. 95-710, eff. 6-1-08; revised 10-21-08.)
 
    (30 ILCS 105/5.710)
    Sec. 5.710. The Money Follows the Person Budget Transfer
Fund.
(Source: P.A. 95-744, eff. 7-18-08.)
 
    (30 ILCS 105/5.711)
    Sec. 5.711 5.710. The Domestic Violence Surveillance Fund.
(Source: P.A. 95-773, eff. 1-1-09; revised 9-5-08.)
 
    (30 ILCS 105/5.712)
    Sec. 5.712 5.675. The Fire Service and Small Equipment
Fund.
(Source: P.A. 95-717, eff. 4-8-08; revised 9-25-08.)
 
    (30 ILCS 105/5.713)
    Sec. 5.713 5.675. Healthy Smiles Fund.
(Source: P.A. 95-940, eff. 8-29-08; revised 9-25-08.)
 
    (30 ILCS 105/5.714)
    Sec. 5.714 5.708. The Over Dimensional Load Police Escort
Fund.
(Source: P.A. 95-787, eff. 1-1-09; revised 9-25-08.)
 
    (30 ILCS 105/5.715)
    Sec. 5.715 5.708. The Illinois Police Association Fund.
(Source: P.A. 95-795, eff. 1-1-09; revised 9-25-08.)
 
    (30 ILCS 105/5.716)
    Sec. 5.716 5.708. The Electronics Recycling Fund.
(Source: P.A. 95-959, eff. 9-17-08; revised 9-25-08.)
 
    (30 ILCS 105/5.717)
    Sec. 5.717 5.701. The Responsible Fathers Fund.
(Source: P.A. 95-960, eff. 9-23-08; revised 10-14-08.)
 
    (30 ILCS 105/5.718)
    Sec. 5.718 5.710. The FY09 Budget Relief Fund.
(Source: P.A. 95-1000, eff. 10-7-08; revised 10-22-08.)
 
    (30 ILCS 105/6z-69)
    Sec. 6z-69. Comprehensive Regional Planning Fund.
    (a) As soon as possible after July 1, 2007, and on each
July 1 thereafter, the State Treasurer shall transfer
$5,000,000 from the General Revenue Fund to the Comprehensive
Regional Planning Fund.
    (b) Subject to appropriation, the Illinois Department of
Transportation shall make lump sum distributions from the
Comprehensive Regional Planning Fund as soon as possible after
each July 1 to the recipients and in the amounts specified in
subsection (c). The recipients must use the moneys for
comprehensive regional planning purposes.
    (c) Each year's distribution under subsection (b) shall be
as follows: (i) 70% to the Chicago Metropolitan Agency for
Planning (CMAP); (ii) 25% to the State's other Metropolitan
Planning Organizations (exclusive of CMAP), each Organization
receiving a percentage equal to the percent its area population
represents to the total population of the areas of all the
State's Metropolitan Planning Organizations (exclusive of
CMAP); and (iii) 5% to the State's Rural Planning Agencies,
each Agency receiving a percentage equal to the percent its
area population represents to the total population of the areas
of all the State's Rural Planning Agencies.
(Source: P.A. 95-677, eff. 10-11-07.)
 
    (30 ILCS 105/6z-72)
    Sec. 6z-72 6z-69. Married Families Domestic Violence Fund.
The Married Families Domestic Violence Fund is created as a
special fund in the State treasury. Subject to appropriation
and subject to approval by the Attorney General, the moneys in
the Fund shall be paid as grants to public or private nonprofit
agencies solely for the purposes of facilitating or providing
free domestic violence legal advocacy, assistance, or services
to married or formerly married victims of domestic violence
related to order of protection proceedings, dissolution of
marriage proceedings, declaration of invalidity of marriage
proceedings, legal separation proceedings, child custody
proceedings, visitation proceedings, or other proceedings for
civil remedies for domestic violence. The Attorney General
shall adopt rules concerning application for and disbursement
of the moneys in the Fund.
(Source: P.A. 95-711, eff. 6-1-08; revised 10-21-08.)
 
    Section 65. The State Mandates Act is amended by changing
Sections 8.31 and 8.32 as follows:
 
    (30 ILCS 805/8.31)
    Sec. 8.31. Exempt mandate.
    (a) Notwithstanding Sections 6 and 8 of this Act, no
reimbursement by the State is required for the implementation
of any mandate created by Public Act 95-9, 95-17, 95-148,
95-151, 95-194, 95-232, 95-241, 95-279, 95-349, 95-369,
95-483, 95-486, 95-504, 95-521, 95-530, 95-586, 95-644,
95-654, 95-671, 95-677, or 95-681, or 95-764 this amendatory
Act of the 95th General Assembly.
    (b) Notwithstanding Sections 6 and 8 of this Act, no
reimbursement by the State is required for the implementation
of any mandate created by the Green Cleaning Schools Act.
(Source: P.A. 95-9, eff. 6-30-07; 95-17, eff. 1-1-08; 95-84,
eff. 8-13-07; 95-148, eff. 8-14-07; 95-151, eff. 8-14-07;
95-194, eff. 1-1-08; 95-232, eff. 8-16-07; 95-241, eff.
8-17-07; 95-279, eff. 1-1-08; 95-349, eff. 8-23-07; 95-369,
eff. 8-23-07; 95-483, eff. 8-28-07; 95-486, eff. 8-28-07;
95-504, eff. 8-28-07; 95-521, eff. 8-28-07; 95-530, eff.
8-28-07; 95-586, eff. 8-31-07; 95-644, eff. 10-12-07; 95-654,
eff. 1-1-08; 95-671, eff. 1-1-08; 95-677, eff. 10-11-07;
95-681, eff. 10-11-07; 95-764, eff. 1-1-09; 95-876, eff.
8-21-08; revised 9-5-08.)
 
    (30 ILCS 805/8.32)
    Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by Public Act 95-741,
95-812, 95-875, 95-910, 95-950, or 95-978 this amendatory Act
of the 95th General Assembly.
(Source: P.A. 95-741, eff. 7-18-08; 95-812, eff. 8-13-08;
95-875, eff. 1-1-09; 95-910, eff. 8-26-08; 95-950, eff.
8-29-08; 95-978, eff. 1-1-09; revised 10-15-08.)
 
    Section 70. The Illinois Income Tax Act is amended by
changing Sections 203, 509, 510, and 901 and by setting forth
and renumbering multiple versions of Section 507PP as follows:
 
    (35 ILCS 5/203)  (from Ch. 120, par. 2-203)
    Sec. 203. Base income defined.
    (a) Individuals.
        (1) In general. In the case of an individual, base
    income means an amount equal to the taxpayer's adjusted
    gross income for the taxable year as modified by paragraph
    (2).
        (2) Modifications. The adjusted gross income referred
    to in paragraph (1) shall be modified by adding thereto the
    sum of the following amounts:
            (A) An amount equal to all amounts paid or accrued
        to the taxpayer as interest or dividends during the
        taxable year to the extent excluded from gross income
        in the computation of adjusted gross income, except
        stock dividends of qualified public utilities
        described in Section 305(e) of the Internal Revenue
        Code;
            (B) An amount equal to the amount of tax imposed by
        this Act to the extent deducted from gross income in
        the computation of adjusted gross income for the
        taxable year;
            (C) An amount equal to the amount received during
        the taxable year as a recovery or refund of real
        property taxes paid with respect to the taxpayer's
        principal residence under the Revenue Act of 1939 and
        for which a deduction was previously taken under
        subparagraph (L) of this paragraph (2) prior to July 1,
        1991, the retrospective application date of Article 4
        of Public Act 87-17. In the case of multi-unit or
        multi-use structures and farm dwellings, the taxes on
        the taxpayer's principal residence shall be that
        portion of the total taxes for the entire property
        which is attributable to such principal residence;
            (D) An amount equal to the amount of the capital
        gain deduction allowable under the Internal Revenue
        Code, to the extent deducted from gross income in the
        computation of adjusted gross income;
            (D-5) An amount, to the extent not included in
        adjusted gross income, equal to the amount of money
        withdrawn by the taxpayer in the taxable year from a
        medical care savings account and the interest earned on
        the account in the taxable year of a withdrawal
        pursuant to subsection (b) of Section 20 of the Medical
        Care Savings Account Act or subsection (b) of Section
        20 of the Medical Care Savings Account Act of 2000;
            (D-10) For taxable years ending after December 31,
        1997, an amount equal to any eligible remediation costs
        that the individual deducted in computing adjusted
        gross income and for which the individual claims a
        credit under subsection (l) of Section 201;
            (D-15) For taxable years 2001 and thereafter, an
        amount equal to the bonus depreciation deduction taken
        on the taxpayer's federal income tax return for the
        taxable year under subsection (k) of Section 168 of the
        Internal Revenue Code;
            (D-16) If the taxpayer sells, transfers, abandons,
        or otherwise disposes of property for which the
        taxpayer was required in any taxable year to make an
        addition modification under subparagraph (D-15), then
        an amount equal to the aggregate amount of the
        deductions taken in all taxable years under
        subparagraph (Z) with respect to that property.
            If the taxpayer continues to own property through
        the last day of the last tax year for which the
        taxpayer may claim a depreciation deduction for
        federal income tax purposes and for which the taxpayer
        was allowed in any taxable year to make a subtraction
        modification under subparagraph (Z), then an amount
        equal to that subtraction modification.
            The taxpayer is required to make the addition
        modification under this subparagraph only once with
        respect to any one piece of property;
            (D-17) An amount equal to the amount otherwise
        allowed as a deduction in computing base income for
        interest paid, accrued, or incurred, directly or
        indirectly, (i) for taxable years ending on or after
        December 31, 2004, to a foreign person who would be a
        member of the same unitary business group but for the
        fact that foreign person's business activity outside
        the United States is 80% or more of the foreign
        person's total business activity and (ii) for taxable
        years ending on or after December 31, 2008, to a person
        who would be a member of the same unitary business
        group but for the fact that the person is prohibited
        under Section 1501(a)(27) from being included in the
        unitary business group because he or she is ordinarily
        required to apportion business income under different
        subsections of Section 304. The addition modification
        required by this subparagraph shall be reduced to the
        extent that dividends were included in base income of
        the unitary group for the same taxable year and
        received by the taxpayer or by a member of the
        taxpayer's unitary business group (including amounts
        included in gross income under Sections 951 through 964
        of the Internal Revenue Code and amounts included in
        gross income under Section 78 of the Internal Revenue
        Code) with respect to the stock of the same person to
        whom the interest was paid, accrued, or incurred.
            This paragraph shall not apply to the following:
                (i) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person who
            is subject in a foreign country or state, other
            than a state which requires mandatory unitary
            reporting, to a tax on or measured by net income
            with respect to such interest; or
                (ii) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person if
            the taxpayer can establish, based on a
            preponderance of the evidence, both of the
            following:
                    (a) the person, during the same taxable
                year, paid, accrued, or incurred, the interest
                to a person that is not a related member, and
                    (b) the transaction giving rise to the
                interest expense between the taxpayer and the
                person did not have as a principal purpose the
                avoidance of Illinois income tax, and is paid
                pursuant to a contract or agreement that
                reflects an arm's-length interest rate and
                terms; or
                (iii) the taxpayer can establish, based on
            clear and convincing evidence, that the interest
            paid, accrued, or incurred relates to a contract or
            agreement entered into at arm's-length rates and
            terms and the principal purpose for the payment is
            not federal or Illinois tax avoidance; or
                (iv) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person if
            the taxpayer establishes by clear and convincing
            evidence that the adjustments are unreasonable; or
            if the taxpayer and the Director agree in writing
            to the application or use of an alternative method
            of apportionment under Section 304(f).
                Nothing in this subsection shall preclude the
            Director from making any other adjustment
            otherwise allowed under Section 404 of this Act for
            any tax year beginning after the effective date of
            this amendment provided such adjustment is made
            pursuant to regulation adopted by the Department
            and such regulations provide methods and standards
            by which the Department will utilize its authority
            under Section 404 of this Act;
            (D-18) An amount equal to the amount of intangible
        expenses and costs otherwise allowed as a deduction in
        computing base income, and that were paid, accrued, or
        incurred, directly or indirectly, (i) for taxable
        years ending on or after December 31, 2004, to a
        foreign person who would be a member of the same
        unitary business group but for the fact that the
        foreign person's business activity outside the United
        States is 80% or more of that person's total business
        activity and (ii) for taxable years ending on or after
        December 31, 2008, to a person who would be a member of
        the same unitary business group but for the fact that
        the person is prohibited under Section 1501(a)(27)
        from being included in the unitary business group
        because he or she is ordinarily required to apportion
        business income under different subsections of Section
        304. The addition modification required by this
        subparagraph shall be reduced to the extent that
        dividends were included in base income of the unitary
        group for the same taxable year and received by the
        taxpayer or by a member of the taxpayer's unitary
        business group (including amounts included in gross
        income under Sections 951 through 964 of the Internal
        Revenue Code and amounts included in gross income under
        Section 78 of the Internal Revenue Code) with respect
        to the stock of the same person to whom the intangible
        expenses and costs were directly or indirectly paid,
        incurred, or accrued. The preceding sentence does not
        apply to the extent that the same dividends caused a
        reduction to the addition modification required under
        Section 203(a)(2)(D-17) of this Act. As used in this
        subparagraph, the term "intangible expenses and costs"
        includes (1) expenses, losses, and costs for, or
        related to, the direct or indirect acquisition, use,
        maintenance or management, ownership, sale, exchange,
        or any other disposition of intangible property; (2)
        losses incurred, directly or indirectly, from
        factoring transactions or discounting transactions;
        (3) royalty, patent, technical, and copyright fees;
        (4) licensing fees; and (5) other similar expenses and
        costs. For purposes of this subparagraph, "intangible
        property" includes patents, patent applications, trade
        names, trademarks, service marks, copyrights, mask
        works, trade secrets, and similar types of intangible
        assets.
            This paragraph shall not apply to the following:
                (i) any item of intangible expenses or costs
            paid, accrued, or incurred, directly or
            indirectly, from a transaction with a person who is
            subject in a foreign country or state, other than a
            state which requires mandatory unitary reporting,
            to a tax on or measured by net income with respect
            to such item; or
                (ii) any item of intangible expense or cost
            paid, accrued, or incurred, directly or
            indirectly, if the taxpayer can establish, based
            on a preponderance of the evidence, both of the
            following:
                    (a) the person during the same taxable
                year paid, accrued, or incurred, the
                intangible expense or cost to a person that is
                not a related member, and
                    (b) the transaction giving rise to the
                intangible expense or cost between the
                taxpayer and the person did not have as a
                principal purpose the avoidance of Illinois
                income tax, and is paid pursuant to a contract
                or agreement that reflects arm's-length terms;
                or
                (iii) any item of intangible expense or cost
            paid, accrued, or incurred, directly or
            indirectly, from a transaction with a person if the
            taxpayer establishes by clear and convincing
            evidence, that the adjustments are unreasonable;
            or if the taxpayer and the Director agree in
            writing to the application or use of an alternative
            method of apportionment under Section 304(f);
                Nothing in this subsection shall preclude the
            Director from making any other adjustment
            otherwise allowed under Section 404 of this Act for
            any tax year beginning after the effective date of
            this amendment provided such adjustment is made
            pursuant to regulation adopted by the Department
            and such regulations provide methods and standards
            by which the Department will utilize its authority
            under Section 404 of this Act;
            (D-19) For taxable years ending on or after
        December 31, 2008, an amount equal to the amount of
        insurance premium expenses and costs otherwise allowed
        as a deduction in computing base income, and that were
        paid, accrued, or incurred, directly or indirectly, to
        a person who would be a member of the same unitary
        business group but for the fact that the person is
        prohibited under Section 1501(a)(27) from being
        included in the unitary business group because he or
        she is ordinarily required to apportion business
        income under different subsections of Section 304. The
        addition modification required by this subparagraph
        shall be reduced to the extent that dividends were
        included in base income of the unitary group for the
        same taxable year and received by the taxpayer or by a
        member of the taxpayer's unitary business group
        (including amounts included in gross income under
        Sections 951 through 964 of the Internal Revenue Code
        and amounts included in gross income under Section 78
        of the Internal Revenue Code) with respect to the stock
        of the same person to whom the premiums and costs were
        directly or indirectly paid, incurred, or accrued. The
        preceding sentence does not apply to the extent that
        the same dividends caused a reduction to the addition
        modification required under Section 203(a)(2)(D-17) or
        Section 203(a)(2)(D-18) of this Act.
            (D-20) For taxable years beginning on or after
        January 1, 2002 and ending on or before December 31,
        2006, in the case of a distribution from a qualified
        tuition program under Section 529 of the Internal
        Revenue Code, other than (i) a distribution from a
        College Savings Pool created under Section 16.5 of the
        State Treasurer Act or (ii) a distribution from the
        Illinois Prepaid Tuition Trust Fund, an amount equal to
        the amount excluded from gross income under Section
        529(c)(3)(B). For taxable years beginning on or after
        January 1, 2007, in the case of a distribution from a
        qualified tuition program under Section 529 of the
        Internal Revenue Code, other than (i) a distribution
        from a College Savings Pool created under Section 16.5
        of the State Treasurer Act, (ii) a distribution from
        the Illinois Prepaid Tuition Trust Fund, or (iii) a
        distribution from a qualified tuition program under
        Section 529 of the Internal Revenue Code that (I)
        adopts and determines that its offering materials
        comply with the College Savings Plans Network's
        disclosure principles and (II) has made reasonable
        efforts to inform in-state residents of the existence
        of in-state qualified tuition programs by informing
        Illinois residents directly and, where applicable, to
        inform financial intermediaries distributing the
        program to inform in-state residents of the existence
        of in-state qualified tuition programs at least
        annually, an amount equal to the amount excluded from
        gross income under Section 529(c)(3)(B).
            For the purposes of this subparagraph (D-20), a
        qualified tuition program has made reasonable efforts
        if it makes disclosures (which may use the term
        "in-state program" or "in-state plan" and need not
        specifically refer to Illinois or its qualified
        programs by name) (i) directly to prospective
        participants in its offering materials or makes a
        public disclosure, such as a website posting; and (ii)
        where applicable, to intermediaries selling the
        out-of-state program in the same manner that the
        out-of-state program distributes its offering
        materials;
                (D-21) For taxable years beginning on or after
        January 1, 2007, in the case of transfer of moneys from
        a qualified tuition program under Section 529 of the
        Internal Revenue Code that is administered by the State
        to an out-of-state program, an amount equal to the
        amount of moneys previously deducted from base income
        under subsection (a)(2)(Y) of this Section.
    and by deducting from the total so obtained the sum of the
    following amounts:
            (E) For taxable years ending before December 31,
        2001, any amount included in such total in respect of
        any compensation (including but not limited to any
        compensation paid or accrued to a serviceman while a
        prisoner of war or missing in action) paid to a
        resident by reason of being on active duty in the Armed
        Forces of the United States and in respect of any
        compensation paid or accrued to a resident who as a
        governmental employee was a prisoner of war or missing
        in action, and in respect of any compensation paid to a
        resident in 1971 or thereafter for annual training
        performed pursuant to Sections 502 and 503, Title 32,
        United States Code as a member of the Illinois National
        Guard or, beginning with taxable years ending on or
        after December 31, 2007, the National Guard of any
        other state. For taxable years ending on or after
        December 31, 2001, any amount included in such total in
        respect of any compensation (including but not limited
        to any compensation paid or accrued to a serviceman
        while a prisoner of war or missing in action) paid to a
        resident by reason of being a member of any component
        of the Armed Forces of the United States and in respect
        of any compensation paid or accrued to a resident who
        as a governmental employee was a prisoner of war or
        missing in action, and in respect of any compensation
        paid to a resident in 2001 or thereafter by reason of
        being a member of the Illinois National Guard or,
        beginning with taxable years ending on or after
        December 31, 2007, the National Guard of any other
        state. The provisions of this amendatory Act of the
        92nd General Assembly are exempt from the provisions of
        Section 250;
            (F) An amount equal to all amounts included in such
        total pursuant to the provisions of Sections 402(a),
        402(c), 403(a), 403(b), 406(a), 407(a), and 408 of the
        Internal Revenue Code, or included in such total as
        distributions under the provisions of any retirement
        or disability plan for employees of any governmental
        agency or unit, or retirement payments to retired
        partners, which payments are excluded in computing net
        earnings from self employment by Section 1402 of the
        Internal Revenue Code and regulations adopted pursuant
        thereto;
            (G) The valuation limitation amount;
            (H) An amount equal to the amount of any tax
        imposed by this Act which was refunded to the taxpayer
        and included in such total for the taxable year;
            (I) An amount equal to all amounts included in such
        total pursuant to the provisions of Section 111 of the
        Internal Revenue Code as a recovery of items previously
        deducted from adjusted gross income in the computation
        of taxable income;
            (J) An amount equal to those dividends included in
        such total which were paid by a corporation which
        conducts business operations in an Enterprise Zone or
        zones created under the Illinois Enterprise Zone Act or
        a River Edge Redevelopment Zone or zones created under
        the River Edge Redevelopment Zone Act, and conducts
        substantially all of its operations in an Enterprise
        Zone or zones or a River Edge Redevelopment Zone or
        zones. This subparagraph (J) is exempt from the
        provisions of Section 250;
            (K) An amount equal to those dividends included in
        such total that were paid by a corporation that
        conducts business operations in a federally designated
        Foreign Trade Zone or Sub-Zone and that is designated a
        High Impact Business located in Illinois; provided
        that dividends eligible for the deduction provided in
        subparagraph (J) of paragraph (2) of this subsection
        shall not be eligible for the deduction provided under
        this subparagraph (K);
            (L) For taxable years ending after December 31,
        1983, an amount equal to all social security benefits
        and railroad retirement benefits included in such
        total pursuant to Sections 72(r) and 86 of the Internal
        Revenue Code;
            (M) With the exception of any amounts subtracted
        under subparagraph (N), an amount equal to the sum of
        all amounts disallowed as deductions by (i) Sections
        171(a) (2), and 265(2) of the Internal Revenue Code of
        1954, as now or hereafter amended, and all amounts of
        expenses allocable to interest and disallowed as
        deductions by Section 265(1) of the Internal Revenue
        Code of 1954, as now or hereafter amended; and (ii) for
        taxable years ending on or after August 13, 1999,
        Sections 171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of
        the Internal Revenue Code; the provisions of this
        subparagraph are exempt from the provisions of Section
        250;
            (N) An amount equal to all amounts included in such
        total which are exempt from taxation by this State
        either by reason of its statutes or Constitution or by
        reason of the Constitution, treaties or statutes of the
        United States; provided that, in the case of any
        statute of this State that exempts income derived from
        bonds or other obligations from the tax imposed under
        this Act, the amount exempted shall be the interest net
        of bond premium amortization;
            (O) An amount equal to any contribution made to a
        job training project established pursuant to the Tax
        Increment Allocation Redevelopment Act;
            (P) An amount equal to the amount of the deduction
        used to compute the federal income tax credit for
        restoration of substantial amounts held under claim of
        right for the taxable year pursuant to Section 1341 of
        the Internal Revenue Code of 1986;
            (Q) An amount equal to any amounts included in such
        total, received by the taxpayer as an acceleration in
        the payment of life, endowment or annuity benefits in
        advance of the time they would otherwise be payable as
        an indemnity for a terminal illness;
            (R) An amount equal to the amount of any federal or
        State bonus paid to veterans of the Persian Gulf War;
            (S) An amount, to the extent included in adjusted
        gross income, equal to the amount of a contribution
        made in the taxable year on behalf of the taxpayer to a
        medical care savings account established under the
        Medical Care Savings Account Act or the Medical Care
        Savings Account Act of 2000 to the extent the
        contribution is accepted by the account administrator
        as provided in that Act;
            (T) An amount, to the extent included in adjusted
        gross income, equal to the amount of interest earned in
        the taxable year on a medical care savings account
        established under the Medical Care Savings Account Act
        or the Medical Care Savings Account Act of 2000 on
        behalf of the taxpayer, other than interest added
        pursuant to item (D-5) of this paragraph (2);
            (U) For one taxable year beginning on or after
        January 1, 1994, an amount equal to the total amount of
        tax imposed and paid under subsections (a) and (b) of
        Section 201 of this Act on grant amounts received by
        the taxpayer under the Nursing Home Grant Assistance
        Act during the taxpayer's taxable years 1992 and 1993;
            (V) Beginning with tax years ending on or after
        December 31, 1995 and ending with tax years ending on
        or before December 31, 2004, an amount equal to the
        amount paid by a taxpayer who is a self-employed
        taxpayer, a partner of a partnership, or a shareholder
        in a Subchapter S corporation for health insurance or
        long-term care insurance for that taxpayer or that
        taxpayer's spouse or dependents, to the extent that the
        amount paid for that health insurance or long-term care
        insurance may be deducted under Section 213 of the
        Internal Revenue Code of 1986, has not been deducted on
        the federal income tax return of the taxpayer, and does
        not exceed the taxable income attributable to that
        taxpayer's income, self-employment income, or
        Subchapter S corporation income; except that no
        deduction shall be allowed under this item (V) if the
        taxpayer is eligible to participate in any health
        insurance or long-term care insurance plan of an
        employer of the taxpayer or the taxpayer's spouse. The
        amount of the health insurance and long-term care
        insurance subtracted under this item (V) shall be
        determined by multiplying total health insurance and
        long-term care insurance premiums paid by the taxpayer
        times a number that represents the fractional
        percentage of eligible medical expenses under Section
        213 of the Internal Revenue Code of 1986 not actually
        deducted on the taxpayer's federal income tax return;
            (W) For taxable years beginning on or after January
        1, 1998, all amounts included in the taxpayer's federal
        gross income in the taxable year from amounts converted
        from a regular IRA to a Roth IRA. This paragraph is
        exempt from the provisions of Section 250;
            (X) For taxable year 1999 and thereafter, an amount
        equal to the amount of any (i) distributions, to the
        extent includible in gross income for federal income
        tax purposes, made to the taxpayer because of his or
        her status as a victim of persecution for racial or
        religious reasons by Nazi Germany or any other Axis
        regime or as an heir of the victim and (ii) items of
        income, to the extent includible in gross income for
        federal income tax purposes, attributable to, derived
        from or in any way related to assets stolen from,
        hidden from, or otherwise lost to a victim of
        persecution for racial or religious reasons by Nazi
        Germany or any other Axis regime immediately prior to,
        during, and immediately after World War II, including,
        but not limited to, interest on the proceeds receivable
        as insurance under policies issued to a victim of
        persecution for racial or religious reasons by Nazi
        Germany or any other Axis regime by European insurance
        companies immediately prior to and during World War II;
        provided, however, this subtraction from federal
        adjusted gross income does not apply to assets acquired
        with such assets or with the proceeds from the sale of
        such assets; provided, further, this paragraph shall
        only apply to a taxpayer who was the first recipient of
        such assets after their recovery and who is a victim of
        persecution for racial or religious reasons by Nazi
        Germany or any other Axis regime or as an heir of the
        victim. The amount of and the eligibility for any
        public assistance, benefit, or similar entitlement is
        not affected by the inclusion of items (i) and (ii) of
        this paragraph in gross income for federal income tax
        purposes. This paragraph is exempt from the provisions
        of Section 250;
            (Y) For taxable years beginning on or after January
        1, 2002 and ending on or before December 31, 2004,
        moneys contributed in the taxable year to a College
        Savings Pool account under Section 16.5 of the State
        Treasurer Act, except that amounts excluded from gross
        income under Section 529(c)(3)(C)(i) of the Internal
        Revenue Code shall not be considered moneys
        contributed under this subparagraph (Y). For taxable
        years beginning on or after January 1, 2005, a maximum
        of $10,000 contributed in the taxable year to (i) a
        College Savings Pool account under Section 16.5 of the
        State Treasurer Act or (ii) the Illinois Prepaid
        Tuition Trust Fund, except that amounts excluded from
        gross income under Section 529(c)(3)(C)(i) of the
        Internal Revenue Code shall not be considered moneys
        contributed under this subparagraph (Y). This
        subparagraph (Y) is exempt from the provisions of
        Section 250;
            (Z) For taxable years 2001 and thereafter, for the
        taxable year in which the bonus depreciation deduction
        is taken on the taxpayer's federal income tax return
        under subsection (k) of Section 168 of the Internal
        Revenue Code and for each applicable taxable year
        thereafter, an amount equal to "x", where:
                (1) "y" equals the amount of the depreciation
            deduction taken for the taxable year on the
            taxpayer's federal income tax return on property
            for which the bonus depreciation deduction was
            taken in any year under subsection (k) of Section
            168 of the Internal Revenue Code, but not including
            the bonus depreciation deduction;
                (2) for taxable years ending on or before
            December 31, 2005, "x" equals "y" multiplied by 30
            and then divided by 70 (or "y" multiplied by
            0.429); and
                (3) for taxable years ending after December
            31, 2005:
                    (i) for property on which a bonus
                depreciation deduction of 30% of the adjusted
                basis was taken, "x" equals "y" multiplied by
                30 and then divided by 70 (or "y" multiplied by
                0.429); and
                    (ii) for property on which a bonus
                depreciation deduction of 50% of the adjusted
                basis was taken, "x" equals "y" multiplied by
                1.0.
            The aggregate amount deducted under this
        subparagraph in all taxable years for any one piece of
        property may not exceed the amount of the bonus
        depreciation deduction taken on that property on the
        taxpayer's federal income tax return under subsection
        (k) of Section 168 of the Internal Revenue Code. This
        subparagraph (Z) is exempt from the provisions of
        Section 250;
            (AA) If the taxpayer sells, transfers, abandons,
        or otherwise disposes of property for which the
        taxpayer was required in any taxable year to make an
        addition modification under subparagraph (D-15), then
        an amount equal to that addition modification.
            If the taxpayer continues to own property through
        the last day of the last tax year for which the
        taxpayer may claim a depreciation deduction for
        federal income tax purposes and for which the taxpayer
        was required in any taxable year to make an addition
        modification under subparagraph (D-15), then an amount
        equal to that addition modification.
            The taxpayer is allowed to take the deduction under
        this subparagraph only once with respect to any one
        piece of property.
            This subparagraph (AA) is exempt from the
        provisions of Section 250;
            (BB) Any amount included in adjusted gross income,
        other than salary, received by a driver in a
        ridesharing arrangement using a motor vehicle;
            (CC) The amount of (i) any interest income (net of
        the deductions allocable thereto) taken into account
        for the taxable year with respect to a transaction with
        a taxpayer that is required to make an addition
        modification with respect to such transaction under
        Section 203(a)(2)(D-17), 203(b)(2)(E-12),
        203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
        the amount of that addition modification, and (ii) any
        income from intangible property (net of the deductions
        allocable thereto) taken into account for the taxable
        year with respect to a transaction with a taxpayer that
        is required to make an addition modification with
        respect to such transaction under Section
        203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
        203(d)(2)(D-8), but not to exceed the amount of that
        addition modification. This subparagraph (CC) is
        exempt from the provisions of Section 250;
            (DD) An amount equal to the interest income taken
        into account for the taxable year (net of the
        deductions allocable thereto) with respect to
        transactions with (i) a foreign person who would be a
        member of the taxpayer's unitary business group but for
        the fact that the foreign person's business activity
        outside the United States is 80% or more of that
        person's total business activity and (ii) for taxable
        years ending on or after December 31, 2008, to a person
        who would be a member of the same unitary business
        group but for the fact that the person is prohibited
        under Section 1501(a)(27) from being included in the
        unitary business group because he or she is ordinarily
        required to apportion business income under different
        subsections of Section 304, but not to exceed the
        addition modification required to be made for the same
        taxable year under Section 203(a)(2)(D-17) for
        interest paid, accrued, or incurred, directly or
        indirectly, to the same person. This subparagraph (DD)
        is exempt from the provisions of Section 250; and
            (EE) An amount equal to the income from intangible
        property taken into account for the taxable year (net
        of the deductions allocable thereto) with respect to
        transactions with (i) a foreign person who would be a
        member of the taxpayer's unitary business group but for
        the fact that the foreign person's business activity
        outside the United States is 80% or more of that
        person's total business activity and (ii) for taxable
        years ending on or after December 31, 2008, to a person
        who would be a member of the same unitary business
        group but for the fact that the person is prohibited
        under Section 1501(a)(27) from being included in the
        unitary business group because he or she is ordinarily
        required to apportion business income under different
        subsections of Section 304, but not to exceed the
        addition modification required to be made for the same
        taxable year under Section 203(a)(2)(D-18) for
        intangible expenses and costs paid, accrued, or
        incurred, directly or indirectly, to the same foreign
        person. This subparagraph (EE) is exempt from the
        provisions of Section 250.
 
    (b) Corporations.
        (1) In general. In the case of a corporation, base
    income means an amount equal to the taxpayer's taxable
    income for the taxable year as modified by paragraph (2).
        (2) Modifications. The taxable income referred to in
    paragraph (1) shall be modified by adding thereto the sum
    of the following amounts:
            (A) An amount equal to all amounts paid or accrued
        to the taxpayer as interest and all distributions
        received from regulated investment companies during
        the taxable year to the extent excluded from gross
        income in the computation of taxable income;
            (B) An amount equal to the amount of tax imposed by
        this Act to the extent deducted from gross income in
        the computation of taxable income for the taxable year;
            (C) In the case of a regulated investment company,
        an amount equal to the excess of (i) the net long-term
        capital gain for the taxable year, over (ii) the amount
        of the capital gain dividends designated as such in
        accordance with Section 852(b)(3)(C) of the Internal
        Revenue Code and any amount designated under Section
        852(b)(3)(D) of the Internal Revenue Code,
        attributable to the taxable year (this amendatory Act
        of 1995 (Public Act 89-89) is declarative of existing
        law and is not a new enactment);
            (D) The amount of any net operating loss deduction
        taken in arriving at taxable income, other than a net
        operating loss carried forward from a taxable year
        ending prior to December 31, 1986;
            (E) For taxable years in which a net operating loss
        carryback or carryforward from a taxable year ending
        prior to December 31, 1986 is an element of taxable
        income under paragraph (1) of subsection (e) or
        subparagraph (E) of paragraph (2) of subsection (e),
        the amount by which addition modifications other than
        those provided by this subparagraph (E) exceeded
        subtraction modifications in such earlier taxable
        year, with the following limitations applied in the
        order that they are listed:
                (i) the addition modification relating to the
            net operating loss carried back or forward to the
            taxable year from any taxable year ending prior to
            December 31, 1986 shall be reduced by the amount of
            addition modification under this subparagraph (E)
            which related to that net operating loss and which
            was taken into account in calculating the base
            income of an earlier taxable year, and
                (ii) the addition modification relating to the
            net operating loss carried back or forward to the
            taxable year from any taxable year ending prior to
            December 31, 1986 shall not exceed the amount of
            such carryback or carryforward;
            For taxable years in which there is a net operating
        loss carryback or carryforward from more than one other
        taxable year ending prior to December 31, 1986, the
        addition modification provided in this subparagraph
        (E) shall be the sum of the amounts computed
        independently under the preceding provisions of this
        subparagraph (E) for each such taxable year;
            (E-5) For taxable years ending after December 31,
        1997, an amount equal to any eligible remediation costs
        that the corporation deducted in computing adjusted
        gross income and for which the corporation claims a
        credit under subsection (l) of Section 201;
            (E-10) For taxable years 2001 and thereafter, an
        amount equal to the bonus depreciation deduction taken
        on the taxpayer's federal income tax return for the
        taxable year under subsection (k) of Section 168 of the
        Internal Revenue Code;
            (E-11) If the taxpayer sells, transfers, abandons,
        or otherwise disposes of property for which the
        taxpayer was required in any taxable year to make an
        addition modification under subparagraph (E-10), then
        an amount equal to the aggregate amount of the
        deductions taken in all taxable years under
        subparagraph (T) with respect to that property.
            If the taxpayer continues to own property through
        the last day of the last tax year for which the
        taxpayer may claim a depreciation deduction for
        federal income tax purposes and for which the taxpayer
        was allowed in any taxable year to make a subtraction
        modification under subparagraph (T), then an amount
        equal to that subtraction modification.
            The taxpayer is required to make the addition
        modification under this subparagraph only once with
        respect to any one piece of property;
            (E-12) An amount equal to the amount otherwise
        allowed as a deduction in computing base income for
        interest paid, accrued, or incurred, directly or
        indirectly, (i) for taxable years ending on or after
        December 31, 2004, to a foreign person who would be a
        member of the same unitary business group but for the
        fact the foreign person's business activity outside
        the United States is 80% or more of the foreign
        person's total business activity and (ii) for taxable
        years ending on or after December 31, 2008, to a person
        who would be a member of the same unitary business
        group but for the fact that the person is prohibited
        under Section 1501(a)(27) from being included in the
        unitary business group because he or she is ordinarily
        required to apportion business income under different
        subsections of Section 304. The addition modification
        required by this subparagraph shall be reduced to the
        extent that dividends were included in base income of
        the unitary group for the same taxable year and
        received by the taxpayer or by a member of the
        taxpayer's unitary business group (including amounts
        included in gross income pursuant to Sections 951
        through 964 of the Internal Revenue Code and amounts
        included in gross income under Section 78 of the
        Internal Revenue Code) with respect to the stock of the
        same person to whom the interest was paid, accrued, or
        incurred.
            This paragraph shall not apply to the following:
                (i) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person who
            is subject in a foreign country or state, other
            than a state which requires mandatory unitary
            reporting, to a tax on or measured by net income
            with respect to such interest; or
                (ii) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person if
            the taxpayer can establish, based on a
            preponderance of the evidence, both of the
            following:
                    (a) the person, during the same taxable
                year, paid, accrued, or incurred, the interest
                to a person that is not a related member, and
                    (b) the transaction giving rise to the
                interest expense between the taxpayer and the
                person did not have as a principal purpose the
                avoidance of Illinois income tax, and is paid
                pursuant to a contract or agreement that
                reflects an arm's-length interest rate and
                terms; or
                (iii) the taxpayer can establish, based on
            clear and convincing evidence, that the interest
            paid, accrued, or incurred relates to a contract or
            agreement entered into at arm's-length rates and
            terms and the principal purpose for the payment is
            not federal or Illinois tax avoidance; or
                (iv) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person if
            the taxpayer establishes by clear and convincing
            evidence that the adjustments are unreasonable; or
            if the taxpayer and the Director agree in writing
            to the application or use of an alternative method
            of apportionment under Section 304(f).
                Nothing in this subsection shall preclude the
            Director from making any other adjustment
            otherwise allowed under Section 404 of this Act for
            any tax year beginning after the effective date of
            this amendment provided such adjustment is made
            pursuant to regulation adopted by the Department
            and such regulations provide methods and standards
            by which the Department will utilize its authority
            under Section 404 of this Act;
            (E-13) An amount equal to the amount of intangible
        expenses and costs otherwise allowed as a deduction in
        computing base income, and that were paid, accrued, or
        incurred, directly or indirectly, (i) for taxable
        years ending on or after December 31, 2004, to a
        foreign person who would be a member of the same
        unitary business group but for the fact that the
        foreign person's business activity outside the United
        States is 80% or more of that person's total business
        activity and (ii) for taxable years ending on or after
        December 31, 2008, to a person who would be a member of
        the same unitary business group but for the fact that
        the person is prohibited under Section 1501(a)(27)
        from being included in the unitary business group
        because he or she is ordinarily required to apportion
        business income under different subsections of Section
        304. The addition modification required by this
        subparagraph shall be reduced to the extent that
        dividends were included in base income of the unitary
        group for the same taxable year and received by the
        taxpayer or by a member of the taxpayer's unitary
        business group (including amounts included in gross
        income pursuant to Sections 951 through 964 of the
        Internal Revenue Code and amounts included in gross
        income under Section 78 of the Internal Revenue Code)
        with respect to the stock of the same person to whom
        the intangible expenses and costs were directly or
        indirectly paid, incurred, or accrued. The preceding
        sentence shall not apply to the extent that the same
        dividends caused a reduction to the addition
        modification required under Section 203(b)(2)(E-12) of
        this Act. As used in this subparagraph, the term
        "intangible expenses and costs" includes (1) expenses,
        losses, and costs for, or related to, the direct or
        indirect acquisition, use, maintenance or management,
        ownership, sale, exchange, or any other disposition of
        intangible property; (2) losses incurred, directly or
        indirectly, from factoring transactions or discounting
        transactions; (3) royalty, patent, technical, and
        copyright fees; (4) licensing fees; and (5) other
        similar expenses and costs. For purposes of this
        subparagraph, "intangible property" includes patents,
        patent applications, trade names, trademarks, service
        marks, copyrights, mask works, trade secrets, and
        similar types of intangible assets.
            This paragraph shall not apply to the following:
                (i) any item of intangible expenses or costs
            paid, accrued, or incurred, directly or
            indirectly, from a transaction with a person who is
            subject in a foreign country or state, other than a
            state which requires mandatory unitary reporting,
            to a tax on or measured by net income with respect
            to such item; or
                (ii) any item of intangible expense or cost
            paid, accrued, or incurred, directly or
            indirectly, if the taxpayer can establish, based
            on a preponderance of the evidence, both of the
            following:
                    (a) the person during the same taxable
                year paid, accrued, or incurred, the
                intangible expense or cost to a person that is
                not a related member, and
                    (b) the transaction giving rise to the
                intangible expense or cost between the
                taxpayer and the person did not have as a
                principal purpose the avoidance of Illinois
                income tax, and is paid pursuant to a contract
                or agreement that reflects arm's-length terms;
                or
                (iii) any item of intangible expense or cost
            paid, accrued, or incurred, directly or
            indirectly, from a transaction with a person if the
            taxpayer establishes by clear and convincing
            evidence, that the adjustments are unreasonable;
            or if the taxpayer and the Director agree in
            writing to the application or use of an alternative
            method of apportionment under Section 304(f);
                Nothing in this subsection shall preclude the
            Director from making any other adjustment
            otherwise allowed under Section 404 of this Act for
            any tax year beginning after the effective date of
            this amendment provided such adjustment is made
            pursuant to regulation adopted by the Department
            and such regulations provide methods and standards
            by which the Department will utilize its authority
            under Section 404 of this Act;
            (E-14) For taxable years ending on or after
        December 31, 2008, an amount equal to the amount of
        insurance premium expenses and costs otherwise allowed
        as a deduction in computing base income, and that were
        paid, accrued, or incurred, directly or indirectly, to
        a person who would be a member of the same unitary
        business group but for the fact that the person is
        prohibited under Section 1501(a)(27) from being
        included in the unitary business group because he or
        she is ordinarily required to apportion business
        income under different subsections of Section 304. The
        addition modification required by this subparagraph
        shall be reduced to the extent that dividends were
        included in base income of the unitary group for the
        same taxable year and received by the taxpayer or by a
        member of the taxpayer's unitary business group
        (including amounts included in gross income under
        Sections 951 through 964 of the Internal Revenue Code
        and amounts included in gross income under Section 78
        of the Internal Revenue Code) with respect to the stock
        of the same person to whom the premiums and costs were
        directly or indirectly paid, incurred, or accrued. The
        preceding sentence does not apply to the extent that
        the same dividends caused a reduction to the addition
        modification required under Section 203(b)(2)(E-12) or
        Section 203(b)(2)(E-13) of this Act;
            (E-15) For taxable years beginning after December
        31, 2008, any deduction for dividends paid by a captive
        real estate investment trust that is allowed to a real
        estate investment trust under Section 857(b)(2)(B) of
        the Internal Revenue Code for dividends paid;
    and by deducting from the total so obtained the sum of the
    following amounts:
            (F) An amount equal to the amount of any tax
        imposed by this Act which was refunded to the taxpayer
        and included in such total for the taxable year;
            (G) An amount equal to any amount included in such
        total under Section 78 of the Internal Revenue Code;
            (H) In the case of a regulated investment company,
        an amount equal to the amount of exempt interest
        dividends as defined in subsection (b) (5) of Section
        852 of the Internal Revenue Code, paid to shareholders
        for the taxable year;
            (I) With the exception of any amounts subtracted
        under subparagraph (J), an amount equal to the sum of
        all amounts disallowed as deductions by (i) Sections
        171(a) (2), and 265(a)(2) and amounts disallowed as
        interest expense by Section 291(a)(3) of the Internal
        Revenue Code, as now or hereafter amended, and all
        amounts of expenses allocable to interest and
        disallowed as deductions by Section 265(a)(1) of the
        Internal Revenue Code, as now or hereafter amended; and
        (ii) for taxable years ending on or after August 13,
        1999, Sections 171(a)(2), 265, 280C, 291(a)(3), and
        832(b)(5)(B)(i) of the Internal Revenue Code; the
        provisions of this subparagraph are exempt from the
        provisions of Section 250;
            (J) An amount equal to all amounts included in such
        total which are exempt from taxation by this State
        either by reason of its statutes or Constitution or by
        reason of the Constitution, treaties or statutes of the
        United States; provided that, in the case of any
        statute of this State that exempts income derived from
        bonds or other obligations from the tax imposed under
        this Act, the amount exempted shall be the interest net
        of bond premium amortization;
            (K) An amount equal to those dividends included in
        such total which were paid by a corporation which
        conducts business operations in an Enterprise Zone or
        zones created under the Illinois Enterprise Zone Act or
        a River Edge Redevelopment Zone or zones created under
        the River Edge Redevelopment Zone Act and conducts
        substantially all of its operations in an Enterprise
        Zone or zones or a River Edge Redevelopment Zone or
        zones. This subparagraph (K) is exempt from the
        provisions of Section 250;
            (L) An amount equal to those dividends included in
        such total that were paid by a corporation that
        conducts business operations in a federally designated
        Foreign Trade Zone or Sub-Zone and that is designated a
        High Impact Business located in Illinois; provided
        that dividends eligible for the deduction provided in
        subparagraph (K) of paragraph 2 of this subsection
        shall not be eligible for the deduction provided under
        this subparagraph (L);
            (M) For any taxpayer that is a financial
        organization within the meaning of Section 304(c) of
        this Act, an amount included in such total as interest
        income from a loan or loans made by such taxpayer to a
        borrower, to the extent that such a loan is secured by
        property which is eligible for the Enterprise Zone
        Investment Credit or the River Edge Redevelopment Zone
        Investment Credit. To determine the portion of a loan
        or loans that is secured by property eligible for a
        Section 201(f) investment credit to the borrower, the
        entire principal amount of the loan or loans between
        the taxpayer and the borrower should be divided into
        the basis of the Section 201(f) investment credit
        property which secures the loan or loans, using for
        this purpose the original basis of such property on the
        date that it was placed in service in the Enterprise
        Zone or the River Edge Redevelopment Zone. The
        subtraction modification available to taxpayer in any
        year under this subsection shall be that portion of the
        total interest paid by the borrower with respect to
        such loan attributable to the eligible property as
        calculated under the previous sentence. This
        subparagraph (M) is exempt from the provisions of
        Section 250;
            (M-1) For any taxpayer that is a financial
        organization within the meaning of Section 304(c) of
        this Act, an amount included in such total as interest
        income from a loan or loans made by such taxpayer to a
        borrower, to the extent that such a loan is secured by
        property which is eligible for the High Impact Business
        Investment Credit. To determine the portion of a loan
        or loans that is secured by property eligible for a
        Section 201(h) investment credit to the borrower, the
        entire principal amount of the loan or loans between
        the taxpayer and the borrower should be divided into
        the basis of the Section 201(h) investment credit
        property which secures the loan or loans, using for
        this purpose the original basis of such property on the
        date that it was placed in service in a federally
        designated Foreign Trade Zone or Sub-Zone located in
        Illinois. No taxpayer that is eligible for the
        deduction provided in subparagraph (M) of paragraph
        (2) of this subsection shall be eligible for the
        deduction provided under this subparagraph (M-1). The
        subtraction modification available to taxpayers in any
        year under this subsection shall be that portion of the
        total interest paid by the borrower with respect to
        such loan attributable to the eligible property as
        calculated under the previous sentence;
            (N) Two times any contribution made during the
        taxable year to a designated zone organization to the
        extent that the contribution (i) qualifies as a
        charitable contribution under subsection (c) of
        Section 170 of the Internal Revenue Code and (ii) must,
        by its terms, be used for a project approved by the
        Department of Commerce and Economic Opportunity under
        Section 11 of the Illinois Enterprise Zone Act or under
        Section 10-10 of the River Edge Redevelopment Zone Act.
        This subparagraph (N) is exempt from the provisions of
        Section 250;
            (O) An amount equal to: (i) 85% for taxable years
        ending on or before December 31, 1992, or, a percentage
        equal to the percentage allowable under Section
        243(a)(1) of the Internal Revenue Code of 1986 for
        taxable years ending after December 31, 1992, of the
        amount by which dividends included in taxable income
        and received from a corporation that is not created or
        organized under the laws of the United States or any
        state or political subdivision thereof, including, for
        taxable years ending on or after December 31, 1988,
        dividends received or deemed received or paid or deemed
        paid under Sections 951 through 964 of the Internal
        Revenue Code, exceed the amount of the modification
        provided under subparagraph (G) of paragraph (2) of
        this subsection (b) which is related to such dividends,
        and including, for taxable years ending on or after
        December 31, 2008, dividends received from a captive
        real estate investment trust; plus (ii) 100% of the
        amount by which dividends, included in taxable income
        and received, including, for taxable years ending on or
        after December 31, 1988, dividends received or deemed
        received or paid or deemed paid under Sections 951
        through 964 of the Internal Revenue Code and including,
        for taxable years ending on or after December 31, 2008,
        dividends received from a captive real estate
        investment trust, from any such corporation specified
        in clause (i) that would but for the provisions of
        Section 1504 (b) (3) of the Internal Revenue Code be
        treated as a member of the affiliated group which
        includes the dividend recipient, exceed the amount of
        the modification provided under subparagraph (G) of
        paragraph (2) of this subsection (b) which is related
        to such dividends. This subparagraph (O) is exempt from
        the provisions of Section 250 of this Act;
            (P) An amount equal to any contribution made to a
        job training project established pursuant to the Tax
        Increment Allocation Redevelopment Act;
            (Q) An amount equal to the amount of the deduction
        used to compute the federal income tax credit for
        restoration of substantial amounts held under claim of
        right for the taxable year pursuant to Section 1341 of
        the Internal Revenue Code of 1986;
            (R) On and after July 20, 1999, in the case of an
        attorney-in-fact with respect to whom an interinsurer
        or a reciprocal insurer has made the election under
        Section 835 of the Internal Revenue Code, 26 U.S.C.
        835, an amount equal to the excess, if any, of the
        amounts paid or incurred by that interinsurer or
        reciprocal insurer in the taxable year to the
        attorney-in-fact over the deduction allowed to that
        interinsurer or reciprocal insurer with respect to the
        attorney-in-fact under Section 835(b) of the Internal
        Revenue Code for the taxable year; the provisions of
        this subparagraph are exempt from the provisions of
        Section 250;
            (S) For taxable years ending on or after December
        31, 1997, in the case of a Subchapter S corporation, an
        amount equal to all amounts of income allocable to a
        shareholder subject to the Personal Property Tax
        Replacement Income Tax imposed by subsections (c) and
        (d) of Section 201 of this Act, including amounts
        allocable to organizations exempt from federal income
        tax by reason of Section 501(a) of the Internal Revenue
        Code. This subparagraph (S) is exempt from the
        provisions of Section 250;
            (T) For taxable years 2001 and thereafter, for the
        taxable year in which the bonus depreciation deduction
        is taken on the taxpayer's federal income tax return
        under subsection (k) of Section 168 of the Internal
        Revenue Code and for each applicable taxable year
        thereafter, an amount equal to "x", where:
                (1) "y" equals the amount of the depreciation
            deduction taken for the taxable year on the
            taxpayer's federal income tax return on property
            for which the bonus depreciation deduction was
            taken in any year under subsection (k) of Section
            168 of the Internal Revenue Code, but not including
            the bonus depreciation deduction;
                (2) for taxable years ending on or before
            December 31, 2005, "x" equals "y" multiplied by 30
            and then divided by 70 (or "y" multiplied by
            0.429); and
                (3) for taxable years ending after December
            31, 2005:
                    (i) for property on which a bonus
                depreciation deduction of 30% of the adjusted
                basis was taken, "x" equals "y" multiplied by
                30 and then divided by 70 (or "y" multiplied by
                0.429); and
                    (ii) for property on which a bonus
                depreciation deduction of 50% of the adjusted
                basis was taken, "x" equals "y" multiplied by
                1.0.
            The aggregate amount deducted under this
        subparagraph in all taxable years for any one piece of
        property may not exceed the amount of the bonus
        depreciation deduction taken on that property on the
        taxpayer's federal income tax return under subsection
        (k) of Section 168 of the Internal Revenue Code. This
        subparagraph (T) is exempt from the provisions of
        Section 250;
            (U) If the taxpayer sells, transfers, abandons, or
        otherwise disposes of property for which the taxpayer
        was required in any taxable year to make an addition
        modification under subparagraph (E-10), then an amount
        equal to that addition modification.
            If the taxpayer continues to own property through
        the last day of the last tax year for which the
        taxpayer may claim a depreciation deduction for
        federal income tax purposes and for which the taxpayer
        was required in any taxable year to make an addition
        modification under subparagraph (E-10), then an amount
        equal to that addition modification.
            The taxpayer is allowed to take the deduction under
        this subparagraph only once with respect to any one
        piece of property.
            This subparagraph (U) is exempt from the
        provisions of Section 250;
            (V) The amount of: (i) any interest income (net of
        the deductions allocable thereto) taken into account
        for the taxable year with respect to a transaction with
        a taxpayer that is required to make an addition
        modification with respect to such transaction under
        Section 203(a)(2)(D-17), 203(b)(2)(E-12),
        203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
        the amount of such addition modification, (ii) any
        income from intangible property (net of the deductions
        allocable thereto) taken into account for the taxable
        year with respect to a transaction with a taxpayer that
        is required to make an addition modification with
        respect to such transaction under Section
        203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
        203(d)(2)(D-8), but not to exceed the amount of such
        addition modification, and (iii) any insurance premium
        income (net of deductions allocable thereto) taken
        into account for the taxable year with respect to a
        transaction with a taxpayer that is required to make an
        addition modification with respect to such transaction
        under Section 203(a)(2)(D-19), Section
        203(b)(2)(E-14), Section 203(c)(2)(G-14), or Section
        203(d)(2)(D-9), but not to exceed the amount of that
        addition modification. This subparagraph (V) is exempt
        from the provisions of Section 250;
            (W) An amount equal to the interest income taken
        into account for the taxable year (net of the
        deductions allocable thereto) with respect to
        transactions with (i) a foreign person who would be a
        member of the taxpayer's unitary business group but for
        the fact that the foreign person's business activity
        outside the United States is 80% or more of that
        person's total business activity and (ii) for taxable
        years ending on or after December 31, 2008, to a person
        who would be a member of the same unitary business
        group but for the fact that the person is prohibited
        under Section 1501(a)(27) from being included in the
        unitary business group because he or she is ordinarily
        required to apportion business income under different
        subsections of Section 304, but not to exceed the
        addition modification required to be made for the same
        taxable year under Section 203(b)(2)(E-12) for
        interest paid, accrued, or incurred, directly or
        indirectly, to the same person. This subparagraph (W)
        is exempt from the provisions of Section 250; and
            (X) An amount equal to the income from intangible
        property taken into account for the taxable year (net
        of the deductions allocable thereto) with respect to
        transactions with (i) a foreign person who would be a
        member of the taxpayer's unitary business group but for
        the fact that the foreign person's business activity
        outside the United States is 80% or more of that
        person's total business activity and (ii) for taxable
        years ending on or after December 31, 2008, to a person
        who would be a member of the same unitary business
        group but for the fact that the person is prohibited
        under Section 1501(a)(27) from being included in the
        unitary business group because he or she is ordinarily
        required to apportion business income under different
        subsections of Section 304, but not to exceed the
        addition modification required to be made for the same
        taxable year under Section 203(b)(2)(E-13) for
        intangible expenses and costs paid, accrued, or
        incurred, directly or indirectly, to the same foreign
        person. This subparagraph (X) is exempt from the
        provisions of Section 250. (Y)
        (3) Special rule. For purposes of paragraph (2) (A),
    "gross income" in the case of a life insurance company, for
    tax years ending on and after December 31, 1994, shall mean
    the gross investment income for the taxable year.
 
    (c) Trusts and estates.
        (1) In general. In the case of a trust or estate, base
    income means an amount equal to the taxpayer's taxable
    income for the taxable year as modified by paragraph (2).
        (2) Modifications. Subject to the provisions of
    paragraph (3), the taxable income referred to in paragraph
    (1) shall be modified by adding thereto the sum of the
    following amounts:
            (A) An amount equal to all amounts paid or accrued
        to the taxpayer as interest or dividends during the
        taxable year to the extent excluded from gross income
        in the computation of taxable income;
            (B) In the case of (i) an estate, $600; (ii) a
        trust which, under its governing instrument, is
        required to distribute all of its income currently,
        $300; and (iii) any other trust, $100, but in each such
        case, only to the extent such amount was deducted in
        the computation of taxable income;
            (C) An amount equal to the amount of tax imposed by
        this Act to the extent deducted from gross income in
        the computation of taxable income for the taxable year;
            (D) The amount of any net operating loss deduction
        taken in arriving at taxable income, other than a net
        operating loss carried forward from a taxable year
        ending prior to December 31, 1986;
            (E) For taxable years in which a net operating loss
        carryback or carryforward from a taxable year ending
        prior to December 31, 1986 is an element of taxable
        income under paragraph (1) of subsection (e) or
        subparagraph (E) of paragraph (2) of subsection (e),
        the amount by which addition modifications other than
        those provided by this subparagraph (E) exceeded
        subtraction modifications in such taxable year, with
        the following limitations applied in the order that
        they are listed:
                (i) the addition modification relating to the
            net operating loss carried back or forward to the
            taxable year from any taxable year ending prior to
            December 31, 1986 shall be reduced by the amount of
            addition modification under this subparagraph (E)
            which related to that net operating loss and which
            was taken into account in calculating the base
            income of an earlier taxable year, and
                (ii) the addition modification relating to the
            net operating loss carried back or forward to the
            taxable year from any taxable year ending prior to
            December 31, 1986 shall not exceed the amount of
            such carryback or carryforward;
            For taxable years in which there is a net operating
        loss carryback or carryforward from more than one other
        taxable year ending prior to December 31, 1986, the
        addition modification provided in this subparagraph
        (E) shall be the sum of the amounts computed
        independently under the preceding provisions of this
        subparagraph (E) for each such taxable year;
            (F) For taxable years ending on or after January 1,
        1989, an amount equal to the tax deducted pursuant to
        Section 164 of the Internal Revenue Code if the trust
        or estate is claiming the same tax for purposes of the
        Illinois foreign tax credit under Section 601 of this
        Act;
            (G) An amount equal to the amount of the capital
        gain deduction allowable under the Internal Revenue
        Code, to the extent deducted from gross income in the
        computation of taxable income;
            (G-5) For taxable years ending after December 31,
        1997, an amount equal to any eligible remediation costs
        that the trust or estate deducted in computing adjusted
        gross income and for which the trust or estate claims a
        credit under subsection (l) of Section 201;
            (G-10) For taxable years 2001 and thereafter, an
        amount equal to the bonus depreciation deduction taken
        on the taxpayer's federal income tax return for the
        taxable year under subsection (k) of Section 168 of the
        Internal Revenue Code; and
            (G-11) If the taxpayer sells, transfers, abandons,
        or otherwise disposes of property for which the
        taxpayer was required in any taxable year to make an
        addition modification under subparagraph (G-10), then
        an amount equal to the aggregate amount of the
        deductions taken in all taxable years under
        subparagraph (R) with respect to that property.
            If the taxpayer continues to own property through
        the last day of the last tax year for which the
        taxpayer may claim a depreciation deduction for
        federal income tax purposes and for which the taxpayer
        was allowed in any taxable year to make a subtraction
        modification under subparagraph (R), then an amount
        equal to that subtraction modification.
            The taxpayer is required to make the addition
        modification under this subparagraph only once with
        respect to any one piece of property;
            (G-12) An amount equal to the amount otherwise
        allowed as a deduction in computing base income for
        interest paid, accrued, or incurred, directly or
        indirectly, (i) for taxable years ending on or after
        December 31, 2004, to a foreign person who would be a
        member of the same unitary business group but for the
        fact that the foreign person's business activity
        outside the United States is 80% or more of the foreign
        person's total business activity and (ii) for taxable
        years ending on or after December 31, 2008, to a person
        who would be a member of the same unitary business
        group but for the fact that the person is prohibited
        under Section 1501(a)(27) from being included in the
        unitary business group because he or she is ordinarily
        required to apportion business income under different
        subsections of Section 304. The addition modification
        required by this subparagraph shall be reduced to the
        extent that dividends were included in base income of
        the unitary group for the same taxable year and
        received by the taxpayer or by a member of the
        taxpayer's unitary business group (including amounts
        included in gross income pursuant to Sections 951
        through 964 of the Internal Revenue Code and amounts
        included in gross income under Section 78 of the
        Internal Revenue Code) with respect to the stock of the
        same person to whom the interest was paid, accrued, or
        incurred.
            This paragraph shall not apply to the following:
                (i) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person who
            is subject in a foreign country or state, other
            than a state which requires mandatory unitary
            reporting, to a tax on or measured by net income
            with respect to such interest; or
                (ii) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person if
            the taxpayer can establish, based on a
            preponderance of the evidence, both of the
            following:
                    (a) the person, during the same taxable
                year, paid, accrued, or incurred, the interest
                to a person that is not a related member, and
                    (b) the transaction giving rise to the
                interest expense between the taxpayer and the
                person did not have as a principal purpose the
                avoidance of Illinois income tax, and is paid
                pursuant to a contract or agreement that
                reflects an arm's-length interest rate and
                terms; or
                (iii) the taxpayer can establish, based on
            clear and convincing evidence, that the interest
            paid, accrued, or incurred relates to a contract or
            agreement entered into at arm's-length rates and
            terms and the principal purpose for the payment is
            not federal or Illinois tax avoidance; or
                (iv) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person if
            the taxpayer establishes by clear and convincing
            evidence that the adjustments are unreasonable; or
            if the taxpayer and the Director agree in writing
            to the application or use of an alternative method
            of apportionment under Section 304(f).
                Nothing in this subsection shall preclude the
            Director from making any other adjustment
            otherwise allowed under Section 404 of this Act for
            any tax year beginning after the effective date of
            this amendment provided such adjustment is made
            pursuant to regulation adopted by the Department
            and such regulations provide methods and standards
            by which the Department will utilize its authority
            under Section 404 of this Act;
            (G-13) An amount equal to the amount of intangible
        expenses and costs otherwise allowed as a deduction in
        computing base income, and that were paid, accrued, or
        incurred, directly or indirectly, (i) for taxable
        years ending on or after December 31, 2004, to a
        foreign person who would be a member of the same
        unitary business group but for the fact that the
        foreign person's business activity outside the United
        States is 80% or more of that person's total business
        activity and (ii) for taxable years ending on or after
        December 31, 2008, to a person who would be a member of
        the same unitary business group but for the fact that
        the person is prohibited under Section 1501(a)(27)
        from being included in the unitary business group
        because he or she is ordinarily required to apportion
        business income under different subsections of Section
        304. The addition modification required by this
        subparagraph shall be reduced to the extent that
        dividends were included in base income of the unitary
        group for the same taxable year and received by the
        taxpayer or by a member of the taxpayer's unitary
        business group (including amounts included in gross
        income pursuant to Sections 951 through 964 of the
        Internal Revenue Code and amounts included in gross
        income under Section 78 of the Internal Revenue Code)
        with respect to the stock of the same person to whom
        the intangible expenses and costs were directly or
        indirectly paid, incurred, or accrued. The preceding
        sentence shall not apply to the extent that the same
        dividends caused a reduction to the addition
        modification required under Section 203(c)(2)(G-12) of
        this Act. As used in this subparagraph, the term
        "intangible expenses and costs" includes: (1)
        expenses, losses, and costs for or related to the
        direct or indirect acquisition, use, maintenance or
        management, ownership, sale, exchange, or any other
        disposition of intangible property; (2) losses
        incurred, directly or indirectly, from factoring
        transactions or discounting transactions; (3) royalty,
        patent, technical, and copyright fees; (4) licensing
        fees; and (5) other similar expenses and costs. For
        purposes of this subparagraph, "intangible property"
        includes patents, patent applications, trade names,
        trademarks, service marks, copyrights, mask works,
        trade secrets, and similar types of intangible assets.
            This paragraph shall not apply to the following:
                (i) any item of intangible expenses or costs
            paid, accrued, or incurred, directly or
            indirectly, from a transaction with a person who is
            subject in a foreign country or state, other than a
            state which requires mandatory unitary reporting,
            to a tax on or measured by net income with respect
            to such item; or
                (ii) any item of intangible expense or cost
            paid, accrued, or incurred, directly or
            indirectly, if the taxpayer can establish, based
            on a preponderance of the evidence, both of the
            following:
                    (a) the person during the same taxable
                year paid, accrued, or incurred, the
                intangible expense or cost to a person that is
                not a related member, and
                    (b) the transaction giving rise to the
                intangible expense or cost between the
                taxpayer and the person did not have as a
                principal purpose the avoidance of Illinois
                income tax, and is paid pursuant to a contract
                or agreement that reflects arm's-length terms;
                or
                (iii) any item of intangible expense or cost
            paid, accrued, or incurred, directly or
            indirectly, from a transaction with a person if the
            taxpayer establishes by clear and convincing
            evidence, that the adjustments are unreasonable;
            or if the taxpayer and the Director agree in
            writing to the application or use of an alternative
            method of apportionment under Section 304(f);
                Nothing in this subsection shall preclude the
            Director from making any other adjustment
            otherwise allowed under Section 404 of this Act for
            any tax year beginning after the effective date of
            this amendment provided such adjustment is made
            pursuant to regulation adopted by the Department
            and such regulations provide methods and standards
            by which the Department will utilize its authority
            under Section 404 of this Act;
            (G-14) For taxable years ending on or after
        December 31, 2008, an amount equal to the amount of
        insurance premium expenses and costs otherwise allowed
        as a deduction in computing base income, and that were
        paid, accrued, or incurred, directly or indirectly, to
        a person who would be a member of the same unitary
        business group but for the fact that the person is
        prohibited under Section 1501(a)(27) from being
        included in the unitary business group because he or
        she is ordinarily required to apportion business
        income under different subsections of Section 304. The
        addition modification required by this subparagraph
        shall be reduced to the extent that dividends were
        included in base income of the unitary group for the
        same taxable year and received by the taxpayer or by a
        member of the taxpayer's unitary business group
        (including amounts included in gross income under
        Sections 951 through 964 of the Internal Revenue Code
        and amounts included in gross income under Section 78
        of the Internal Revenue Code) with respect to the stock
        of the same person to whom the premiums and costs were
        directly or indirectly paid, incurred, or accrued. The
        preceding sentence does not apply to the extent that
        the same dividends caused a reduction to the addition
        modification required under Section 203(c)(2)(G-12) or
        Section 203(c)(2)(G-13) of this Act.
    and by deducting from the total so obtained the sum of the
    following amounts:
            (H) An amount equal to all amounts included in such
        total pursuant to the provisions of Sections 402(a),
        402(c), 403(a), 403(b), 406(a), 407(a) and 408 of the
        Internal Revenue Code or included in such total as
        distributions under the provisions of any retirement
        or disability plan for employees of any governmental
        agency or unit, or retirement payments to retired
        partners, which payments are excluded in computing net
        earnings from self employment by Section 1402 of the
        Internal Revenue Code and regulations adopted pursuant
        thereto;
            (I) The valuation limitation amount;
            (J) An amount equal to the amount of any tax
        imposed by this Act which was refunded to the taxpayer
        and included in such total for the taxable year;
            (K) An amount equal to all amounts included in
        taxable income as modified by subparagraphs (A), (B),
        (C), (D), (E), (F) and (G) which are exempt from
        taxation by this State either by reason of its statutes
        or Constitution or by reason of the Constitution,
        treaties or statutes of the United States; provided
        that, in the case of any statute of this State that
        exempts income derived from bonds or other obligations
        from the tax imposed under this Act, the amount
        exempted shall be the interest net of bond premium
        amortization;
            (L) With the exception of any amounts subtracted
        under subparagraph (K), an amount equal to the sum of
        all amounts disallowed as deductions by (i) Sections
        171(a) (2) and 265(a)(2) of the Internal Revenue Code,
        as now or hereafter amended, and all amounts of
        expenses allocable to interest and disallowed as
        deductions by Section 265(1) of the Internal Revenue
        Code of 1954, as now or hereafter amended; and (ii) for
        taxable years ending on or after August 13, 1999,
        Sections 171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of
        the Internal Revenue Code; the provisions of this
        subparagraph are exempt from the provisions of Section
        250;
            (M) An amount equal to those dividends included in
        such total which were paid by a corporation which
        conducts business operations in an Enterprise Zone or
        zones created under the Illinois Enterprise Zone Act or
        a River Edge Redevelopment Zone or zones created under
        the River Edge Redevelopment Zone Act and conducts
        substantially all of its operations in an Enterprise
        Zone or Zones or a River Edge Redevelopment Zone or
        zones. This subparagraph (M) is exempt from the
        provisions of Section 250;
            (N) An amount equal to any contribution made to a
        job training project established pursuant to the Tax
        Increment Allocation Redevelopment Act;
            (O) An amount equal to those dividends included in
        such total that were paid by a corporation that
        conducts business operations in a federally designated
        Foreign Trade Zone or Sub-Zone and that is designated a
        High Impact Business located in Illinois; provided
        that dividends eligible for the deduction provided in
        subparagraph (M) of paragraph (2) of this subsection
        shall not be eligible for the deduction provided under
        this subparagraph (O);
            (P) An amount equal to the amount of the deduction
        used to compute the federal income tax credit for
        restoration of substantial amounts held under claim of
        right for the taxable year pursuant to Section 1341 of
        the Internal Revenue Code of 1986;
            (Q) For taxable year 1999 and thereafter, an amount
        equal to the amount of any (i) distributions, to the
        extent includible in gross income for federal income
        tax purposes, made to the taxpayer because of his or
        her status as a victim of persecution for racial or
        religious reasons by Nazi Germany or any other Axis
        regime or as an heir of the victim and (ii) items of
        income, to the extent includible in gross income for
        federal income tax purposes, attributable to, derived
        from or in any way related to assets stolen from,
        hidden from, or otherwise lost to a victim of
        persecution for racial or religious reasons by Nazi
        Germany or any other Axis regime immediately prior to,
        during, and immediately after World War II, including,
        but not limited to, interest on the proceeds receivable
        as insurance under policies issued to a victim of
        persecution for racial or religious reasons by Nazi
        Germany or any other Axis regime by European insurance
        companies immediately prior to and during World War II;
        provided, however, this subtraction from federal
        adjusted gross income does not apply to assets acquired
        with such assets or with the proceeds from the sale of
        such assets; provided, further, this paragraph shall
        only apply to a taxpayer who was the first recipient of
        such assets after their recovery and who is a victim of
        persecution for racial or religious reasons by Nazi
        Germany or any other Axis regime or as an heir of the
        victim. The amount of and the eligibility for any
        public assistance, benefit, or similar entitlement is
        not affected by the inclusion of items (i) and (ii) of
        this paragraph in gross income for federal income tax
        purposes. This paragraph is exempt from the provisions
        of Section 250;
            (R) For taxable years 2001 and thereafter, for the
        taxable year in which the bonus depreciation deduction
        is taken on the taxpayer's federal income tax return
        under subsection (k) of Section 168 of the Internal
        Revenue Code and for each applicable taxable year
        thereafter, an amount equal to "x", where:
                (1) "y" equals the amount of the depreciation
            deduction taken for the taxable year on the
            taxpayer's federal income tax return on property
            for which the bonus depreciation deduction was
            taken in any year under subsection (k) of Section
            168 of the Internal Revenue Code, but not including
            the bonus depreciation deduction;
                (2) for taxable years ending on or before
            December 31, 2005, "x" equals "y" multiplied by 30
            and then divided by 70 (or "y" multiplied by
            0.429); and
                (3) for taxable years ending after December
            31, 2005:
                    (i) for property on which a bonus
                depreciation deduction of 30% of the adjusted
                basis was taken, "x" equals "y" multiplied by
                30 and then divided by 70 (or "y" multiplied by
                0.429); and
                    (ii) for property on which a bonus
                depreciation deduction of 50% of the adjusted
                basis was taken, "x" equals "y" multiplied by
                1.0.
            The aggregate amount deducted under this
        subparagraph in all taxable years for any one piece of
        property may not exceed the amount of the bonus
        depreciation deduction taken on that property on the
        taxpayer's federal income tax return under subsection
        (k) of Section 168 of the Internal Revenue Code. This
        subparagraph (R) is exempt from the provisions of
        Section 250;
            (S) If the taxpayer sells, transfers, abandons, or
        otherwise disposes of property for which the taxpayer
        was required in any taxable year to make an addition
        modification under subparagraph (G-10), then an amount
        equal to that addition modification.
            If the taxpayer continues to own property through
        the last day of the last tax year for which the
        taxpayer may claim a depreciation deduction for
        federal income tax purposes and for which the taxpayer
        was required in any taxable year to make an addition
        modification under subparagraph (G-10), then an amount
        equal to that addition modification.
            The taxpayer is allowed to take the deduction under
        this subparagraph only once with respect to any one
        piece of property.
            This subparagraph (S) is exempt from the
        provisions of Section 250;
            (T) The amount of (i) any interest income (net of
        the deductions allocable thereto) taken into account
        for the taxable year with respect to a transaction with
        a taxpayer that is required to make an addition
        modification with respect to such transaction under
        Section 203(a)(2)(D-17), 203(b)(2)(E-12),
        203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
        the amount of such addition modification and (ii) any
        income from intangible property (net of the deductions
        allocable thereto) taken into account for the taxable
        year with respect to a transaction with a taxpayer that
        is required to make an addition modification with
        respect to such transaction under Section
        203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
        203(d)(2)(D-8), but not to exceed the amount of such
        addition modification. This subparagraph (T) is exempt
        from the provisions of Section 250;
            (U) An amount equal to the interest income taken
        into account for the taxable year (net of the
        deductions allocable thereto) with respect to
        transactions with (i) a foreign person who would be a
        member of the taxpayer's unitary business group but for
        the fact the foreign person's business activity
        outside the United States is 80% or more of that
        person's total business activity and (ii) for taxable
        years ending on or after December 31, 2008, to a person
        who would be a member of the same unitary business
        group but for the fact that the person is prohibited
        under Section 1501(a)(27) from being included in the
        unitary business group because he or she is ordinarily
        required to apportion business income under different
        subsections of Section 304, but not to exceed the
        addition modification required to be made for the same
        taxable year under Section 203(c)(2)(G-12) for
        interest paid, accrued, or incurred, directly or
        indirectly, to the same person. This subparagraph (U)
        is exempt from the provisions of Section 250; and
            (V) An amount equal to the income from intangible
        property taken into account for the taxable year (net
        of the deductions allocable thereto) with respect to
        transactions with (i) a foreign person who would be a
        member of the taxpayer's unitary business group but for
        the fact that the foreign person's business activity
        outside the United States is 80% or more of that
        person's total business activity and (ii) for taxable
        years ending on or after December 31, 2008, to a person
        who would be a member of the same unitary business
        group but for the fact that the person is prohibited
        under Section 1501(a)(27) from being included in the
        unitary business group because he or she is ordinarily
        required to apportion business income under different
        subsections of Section 304, but not to exceed the
        addition modification required to be made for the same
        taxable year under Section 203(c)(2)(G-13) for
        intangible expenses and costs paid, accrued, or
        incurred, directly or indirectly, to the same foreign
        person. This subparagraph (V) is exempt from the
        provisions of Section 250. (W)
        (3) Limitation. The amount of any modification
    otherwise required under this subsection shall, under
    regulations prescribed by the Department, be adjusted by
    any amounts included therein which were properly paid,
    credited, or required to be distributed, or permanently set
    aside for charitable purposes pursuant to Internal Revenue
    Code Section 642(c) during the taxable year.
 
    (d) Partnerships.
        (1) In general. In the case of a partnership, base
    income means an amount equal to the taxpayer's taxable
    income for the taxable year as modified by paragraph (2).
        (2) Modifications. The taxable income referred to in
    paragraph (1) shall be modified by adding thereto the sum
    of the following amounts:
            (A) An amount equal to all amounts paid or accrued
        to the taxpayer as interest or dividends during the
        taxable year to the extent excluded from gross income
        in the computation of taxable income;
            (B) An amount equal to the amount of tax imposed by
        this Act to the extent deducted from gross income for
        the taxable year;
            (C) The amount of deductions allowed to the
        partnership pursuant to Section 707 (c) of the Internal
        Revenue Code in calculating its taxable income;
            (D) An amount equal to the amount of the capital
        gain deduction allowable under the Internal Revenue
        Code, to the extent deducted from gross income in the
        computation of taxable income;
            (D-5) For taxable years 2001 and thereafter, an
        amount equal to the bonus depreciation deduction taken
        on the taxpayer's federal income tax return for the
        taxable year under subsection (k) of Section 168 of the
        Internal Revenue Code;
            (D-6) If the taxpayer sells, transfers, abandons,
        or otherwise disposes of property for which the
        taxpayer was required in any taxable year to make an
        addition modification under subparagraph (D-5), then
        an amount equal to the aggregate amount of the
        deductions taken in all taxable years under
        subparagraph (O) with respect to that property.
            If the taxpayer continues to own property through
        the last day of the last tax year for which the
        taxpayer may claim a depreciation deduction for
        federal income tax purposes and for which the taxpayer
        was allowed in any taxable year to make a subtraction
        modification under subparagraph (O), then an amount
        equal to that subtraction modification.
            The taxpayer is required to make the addition
        modification under this subparagraph only once with
        respect to any one piece of property;
            (D-7) An amount equal to the amount otherwise
        allowed as a deduction in computing base income for
        interest paid, accrued, or incurred, directly or
        indirectly, (i) for taxable years ending on or after
        December 31, 2004, to a foreign person who would be a
        member of the same unitary business group but for the
        fact the foreign person's business activity outside
        the United States is 80% or more of the foreign
        person's total business activity and (ii) for taxable
        years ending on or after December 31, 2008, to a person
        who would be a member of the same unitary business
        group but for the fact that the person is prohibited
        under Section 1501(a)(27) from being included in the
        unitary business group because he or she is ordinarily
        required to apportion business income under different
        subsections of Section 304. The addition modification
        required by this subparagraph shall be reduced to the
        extent that dividends were included in base income of
        the unitary group for the same taxable year and
        received by the taxpayer or by a member of the
        taxpayer's unitary business group (including amounts
        included in gross income pursuant to Sections 951
        through 964 of the Internal Revenue Code and amounts
        included in gross income under Section 78 of the
        Internal Revenue Code) with respect to the stock of the
        same person to whom the interest was paid, accrued, or
        incurred.
            This paragraph shall not apply to the following:
                (i) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person who
            is subject in a foreign country or state, other
            than a state which requires mandatory unitary
            reporting, to a tax on or measured by net income
            with respect to such interest; or
                (ii) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person if
            the taxpayer can establish, based on a
            preponderance of the evidence, both of the
            following:
                    (a) the person, during the same taxable
                year, paid, accrued, or incurred, the interest
                to a person that is not a related member, and
                    (b) the transaction giving rise to the
                interest expense between the taxpayer and the
                person did not have as a principal purpose the
                avoidance of Illinois income tax, and is paid
                pursuant to a contract or agreement that
                reflects an arm's-length interest rate and
                terms; or
                (iii) the taxpayer can establish, based on
            clear and convincing evidence, that the interest
            paid, accrued, or incurred relates to a contract or
            agreement entered into at arm's-length rates and
            terms and the principal purpose for the payment is
            not federal or Illinois tax avoidance; or
                (iv) an item of interest paid, accrued, or
            incurred, directly or indirectly, to a person if
            the taxpayer establishes by clear and convincing
            evidence that the adjustments are unreasonable; or
            if the taxpayer and the Director agree in writing
            to the application or use of an alternative method
            of apportionment under Section 304(f).
                Nothing in this subsection shall preclude the
            Director from making any other adjustment
            otherwise allowed under Section 404 of this Act for
            any tax year beginning after the effective date of
            this amendment provided such adjustment is made
            pursuant to regulation adopted by the Department
            and such regulations provide methods and standards
            by which the Department will utilize its authority
            under Section 404 of this Act; and
            (D-8) An amount equal to the amount of intangible
        expenses and costs otherwise allowed as a deduction in
        computing base income, and that were paid, accrued, or
        incurred, directly or indirectly, (i) for taxable
        years ending on or after December 31, 2004, to a
        foreign person who would be a member of the same
        unitary business group but for the fact that the
        foreign person's business activity outside the United
        States is 80% or more of that person's total business
        activity and (ii) for taxable years ending on or after
        December 31, 2008, to a person who would be a member of
        the same unitary business group but for the fact that
        the person is prohibited under Section 1501(a)(27)
        from being included in the unitary business group
        because he or she is ordinarily required to apportion
        business income under different subsections of Section
        304. The addition modification required by this
        subparagraph shall be reduced to the extent that
        dividends were included in base income of the unitary
        group for the same taxable year and received by the
        taxpayer or by a member of the taxpayer's unitary
        business group (including amounts included in gross
        income pursuant to Sections 951 through 964 of the
        Internal Revenue Code and amounts included in gross
        income under Section 78 of the Internal Revenue Code)
        with respect to the stock of the same person to whom
        the intangible expenses and costs were directly or
        indirectly paid, incurred or accrued. The preceding
        sentence shall not apply to the extent that the same
        dividends caused a reduction to the addition
        modification required under Section 203(d)(2)(D-7) of
        this Act. As used in this subparagraph, the term
        "intangible expenses and costs" includes (1) expenses,
        losses, and costs for, or related to, the direct or
        indirect acquisition, use, maintenance or management,
        ownership, sale, exchange, or any other disposition of
        intangible property; (2) losses incurred, directly or
        indirectly, from factoring transactions or discounting
        transactions; (3) royalty, patent, technical, and
        copyright fees; (4) licensing fees; and (5) other
        similar expenses and costs. For purposes of this
        subparagraph, "intangible property" includes patents,
        patent applications, trade names, trademarks, service
        marks, copyrights, mask works, trade secrets, and
        similar types of intangible assets;
            This paragraph shall not apply to the following:
                (i) any item of intangible expenses or costs
            paid, accrued, or incurred, directly or
            indirectly, from a transaction with a person who is
            subject in a foreign country or state, other than a
            state which requires mandatory unitary reporting,
            to a tax on or measured by net income with respect
            to such item; or
                (ii) any item of intangible expense or cost
            paid, accrued, or incurred, directly or
            indirectly, if the taxpayer can establish, based
            on a preponderance of the evidence, both of the
            following:
                    (a) the person during the same taxable
                year paid, accrued, or incurred, the
                intangible expense or cost to a person that is
                not a related member, and
                    (b) the transaction giving rise to the
                intangible expense or cost between the
                taxpayer and the person did not have as a
                principal purpose the avoidance of Illinois
                income tax, and is paid pursuant to a contract
                or agreement that reflects arm's-length terms;
                or
                (iii) any item of intangible expense or cost
            paid, accrued, or incurred, directly or
            indirectly, from a transaction with a person if the
            taxpayer establishes by clear and convincing
            evidence, that the adjustments are unreasonable;
            or if the taxpayer and the Director agree in
            writing to the application or use of an alternative
            method of apportionment under Section 304(f);
                Nothing in this subsection shall preclude the
            Director from making any other adjustment
            otherwise allowed under Section 404 of this Act for
            any tax year beginning after the effective date of
            this amendment provided such adjustment is made
            pursuant to regulation adopted by the Department
            and such regulations provide methods and standards
            by which the Department will utilize its authority
            under Section 404 of this Act;
            (D-9) For taxable years ending on or after December
        31, 2008, an amount equal to the amount of insurance
        premium expenses and costs otherwise allowed as a
        deduction in computing base income, and that were paid,
        accrued, or incurred, directly or indirectly, to a
        person who would be a member of the same unitary
        business group but for the fact that the person is
        prohibited under Section 1501(a)(27) from being
        included in the unitary business group because he or
        she is ordinarily required to apportion business
        income under different subsections of Section 304. The
        addition modification required by this subparagraph
        shall be reduced to the extent that dividends were
        included in base income of the unitary group for the
        same taxable year and received by the taxpayer or by a
        member of the taxpayer's unitary business group
        (including amounts included in gross income under
        Sections 951 through 964 of the Internal Revenue Code
        and amounts included in gross income under Section 78
        of the Internal Revenue Code) with respect to the stock
        of the same person to whom the premiums and costs were
        directly or indirectly paid, incurred, or accrued. The
        preceding sentence does not apply to the extent that
        the same dividends caused a reduction to the addition
        modification required under Section 203(d)(2)(D-7) or
        Section 203(d)(2)(D-8) of this Act.
    and by deducting from the total so obtained the following
    amounts:
            (E) The valuation limitation amount;
            (F) An amount equal to the amount of any tax
        imposed by this Act which was refunded to the taxpayer
        and included in such total for the taxable year;
            (G) An amount equal to all amounts included in
        taxable income as modified by subparagraphs (A), (B),
        (C) and (D) which are exempt from taxation by this
        State either by reason of its statutes or Constitution
        or by reason of the Constitution, treaties or statutes
        of the United States; provided that, in the case of any
        statute of this State that exempts income derived from
        bonds or other obligations from the tax imposed under
        this Act, the amount exempted shall be the interest net
        of bond premium amortization;
            (H) Any income of the partnership which
        constitutes personal service income as defined in
        Section 1348 (b) (1) of the Internal Revenue Code (as
        in effect December 31, 1981) or a reasonable allowance
        for compensation paid or accrued for services rendered
        by partners to the partnership, whichever is greater;
            (I) An amount equal to all amounts of income
        distributable to an entity subject to the Personal
        Property Tax Replacement Income Tax imposed by
        subsections (c) and (d) of Section 201 of this Act
        including amounts distributable to organizations
        exempt from federal income tax by reason of Section
        501(a) of the Internal Revenue Code;
            (J) With the exception of any amounts subtracted
        under subparagraph (G), an amount equal to the sum of
        all amounts disallowed as deductions by (i) Sections
        171(a) (2), and 265(2) of the Internal Revenue Code of
        1954, as now or hereafter amended, and all amounts of
        expenses allocable to interest and disallowed as
        deductions by Section 265(1) of the Internal Revenue
        Code, as now or hereafter amended; and (ii) for taxable
        years ending on or after August 13, 1999, Sections
        171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
        Internal Revenue Code; the provisions of this
        subparagraph are exempt from the provisions of Section
        250;
            (K) An amount equal to those dividends included in
        such total which were paid by a corporation which
        conducts business operations in an Enterprise Zone or
        zones created under the Illinois Enterprise Zone Act,
        enacted by the 82nd General Assembly, or a River Edge
        Redevelopment Zone or zones created under the River
        Edge Redevelopment Zone Act and conducts substantially
        all of its operations in an Enterprise Zone or Zones or
        from a River Edge Redevelopment Zone or zones. This
        subparagraph (K) is exempt from the provisions of
        Section 250;
            (L) An amount equal to any contribution made to a
        job training project established pursuant to the Real
        Property Tax Increment Allocation Redevelopment Act;
            (M) An amount equal to those dividends included in
        such total that were paid by a corporation that
        conducts business operations in a federally designated
        Foreign Trade Zone or Sub-Zone and that is designated a
        High Impact Business located in Illinois; provided
        that dividends eligible for the deduction provided in
        subparagraph (K) of paragraph (2) of this subsection
        shall not be eligible for the deduction provided under
        this subparagraph (M);
            (N) An amount equal to the amount of the deduction
        used to compute the federal income tax credit for
        restoration of substantial amounts held under claim of
        right for the taxable year pursuant to Section 1341 of
        the Internal Revenue Code of 1986;
            (O) For taxable years 2001 and thereafter, for the
        taxable year in which the bonus depreciation deduction
        is taken on the taxpayer's federal income tax return
        under subsection (k) of Section 168 of the Internal
        Revenue Code and for each applicable taxable year
        thereafter, an amount equal to "x", where:
                (1) "y" equals the amount of the depreciation
            deduction taken for the taxable year on the
            taxpayer's federal income tax return on property
            for which the bonus depreciation deduction was
            taken in any year under subsection (k) of Section
            168 of the Internal Revenue Code, but not including
            the bonus depreciation deduction;
                (2) for taxable years ending on or before
            December 31, 2005, "x" equals "y" multiplied by 30
            and then divided by 70 (or "y" multiplied by
            0.429); and
                (3) for taxable years ending after December
            31, 2005:
                    (i) for property on which a bonus
                depreciation deduction of 30% of the adjusted
                basis was taken, "x" equals "y" multiplied by
                30 and then divided by 70 (or "y" multiplied by
                0.429); and
                    (ii) for property on which a bonus
                depreciation deduction of 50% of the adjusted
                basis was taken, "x" equals "y" multiplied by
                1.0.
            The aggregate amount deducted under this
        subparagraph in all taxable years for any one piece of
        property may not exceed the amount of the bonus
        depreciation deduction taken on that property on the
        taxpayer's federal income tax return under subsection
        (k) of Section 168 of the Internal Revenue Code. This
        subparagraph (O) is exempt from the provisions of
        Section 250;
            (P) If the taxpayer sells, transfers, abandons, or
        otherwise disposes of property for which the taxpayer
        was required in any taxable year to make an addition
        modification under subparagraph (D-5), then an amount
        equal to that addition modification.
            If the taxpayer continues to own property through
        the last day of the last tax year for which the
        taxpayer may claim a depreciation deduction for
        federal income tax purposes and for which the taxpayer
        was required in any taxable year to make an addition
        modification under subparagraph (D-5), then an amount
        equal to that addition modification.
            The taxpayer is allowed to take the deduction under
        this subparagraph only once with respect to any one
        piece of property.
            This subparagraph (P) is exempt from the
        provisions of Section 250;
            (Q) The amount of (i) any interest income (net of
        the deductions allocable thereto) taken into account
        for the taxable year with respect to a transaction with
        a taxpayer that is required to make an addition
        modification with respect to such transaction under
        Section 203(a)(2)(D-17), 203(b)(2)(E-12),
        203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
        the amount of such addition modification and (ii) any
        income from intangible property (net of the deductions
        allocable thereto) taken into account for the taxable
        year with respect to a transaction with a taxpayer that
        is required to make an addition modification with
        respect to such transaction under Section
        203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
        203(d)(2)(D-8), but not to exceed the amount of such
        addition modification. This subparagraph (Q) is exempt
        from Section 250;
            (R) An amount equal to the interest income taken
        into account for the taxable year (net of the
        deductions allocable thereto) with respect to
        transactions with (i) a foreign person who would be a
        member of the taxpayer's unitary business group but for
        the fact that the foreign person's business activity
        outside the United States is 80% or more of that
        person's total business activity and (ii) for taxable
        years ending on or after December 31, 2008, to a person
        who would be a member of the same unitary business
        group but for the fact that the person is prohibited
        under Section 1501(a)(27) from being included in the
        unitary business group because he or she is ordinarily
        required to apportion business income under different
        subsections of Section 304, but not to exceed the
        addition modification required to be made for the same
        taxable year under Section 203(d)(2)(D-7) for interest
        paid, accrued, or incurred, directly or indirectly, to
        the same person. This subparagraph (R) is exempt from
        Section 250; and
            (S) An amount equal to the income from intangible
        property taken into account for the taxable year (net
        of the deductions allocable thereto) with respect to
        transactions with (i) a foreign person who would be a
        member of the taxpayer's unitary business group but for
        the fact that the foreign person's business activity
        outside the United States is 80% or more of that
        person's total business activity and (ii) for taxable
        years ending on or after December 31, 2008, to a person
        who would be a member of the same unitary business
        group but for the fact that the person is prohibited
        under Section 1501(a)(27) from being included in the
        unitary business group because he or she is ordinarily
        required to apportion business income under different
        subsections of Section 304, but not to exceed the
        addition modification required to be made for the same
        taxable year under Section 203(d)(2)(D-8) for
        intangible expenses and costs paid, accrued, or
        incurred, directly or indirectly, to the same person.
        This subparagraph (S) is exempt from Section 250. (T)
 
    (e) Gross income; adjusted gross income; taxable income.
        (1) In general. Subject to the provisions of paragraph
    (2) and subsection (b) (3), for purposes of this Section
    and Section 803(e), a taxpayer's gross income, adjusted
    gross income, or taxable income for the taxable year shall
    mean the amount of gross income, adjusted gross income or
    taxable income properly reportable for federal income tax
    purposes for the taxable year under the provisions of the
    Internal Revenue Code. Taxable income may be less than
    zero. However, for taxable years ending on or after
    December 31, 1986, net operating loss carryforwards from
    taxable years ending prior to December 31, 1986, may not
    exceed the sum of federal taxable income for the taxable
    year before net operating loss deduction, plus the excess
    of addition modifications over subtraction modifications
    for the taxable year. For taxable years ending prior to
    December 31, 1986, taxable income may never be an amount in
    excess of the net operating loss for the taxable year as
    defined in subsections (c) and (d) of Section 172 of the
    Internal Revenue Code, provided that when taxable income of
    a corporation (other than a Subchapter S corporation),
    trust, or estate is less than zero and addition
    modifications, other than those provided by subparagraph
    (E) of paragraph (2) of subsection (b) for corporations or
    subparagraph (E) of paragraph (2) of subsection (c) for
    trusts and estates, exceed subtraction modifications, an
    addition modification must be made under those
    subparagraphs for any other taxable year to which the
    taxable income less than zero (net operating loss) is
    applied under Section 172 of the Internal Revenue Code or
    under subparagraph (E) of paragraph (2) of this subsection
    (e) applied in conjunction with Section 172 of the Internal
    Revenue Code.
        (2) Special rule. For purposes of paragraph (1) of this
    subsection, the taxable income properly reportable for
    federal income tax purposes shall mean:
            (A) Certain life insurance companies. In the case
        of a life insurance company subject to the tax imposed
        by Section 801 of the Internal Revenue Code, life
        insurance company taxable income, plus the amount of
        distribution from pre-1984 policyholder surplus
        accounts as calculated under Section 815a of the
        Internal Revenue Code;
            (B) Certain other insurance companies. In the case
        of mutual insurance companies subject to the tax
        imposed by Section 831 of the Internal Revenue Code,
        insurance company taxable income;
            (C) Regulated investment companies. In the case of
        a regulated investment company subject to the tax
        imposed by Section 852 of the Internal Revenue Code,
        investment company taxable income;
            (D) Real estate investment trusts. In the case of a
        real estate investment trust subject to the tax imposed
        by Section 857 of the Internal Revenue Code, real
        estate investment trust taxable income;
            (E) Consolidated corporations. In the case of a
        corporation which is a member of an affiliated group of
        corporations filing a consolidated income tax return
        for the taxable year for federal income tax purposes,
        taxable income determined as if such corporation had
        filed a separate return for federal income tax purposes
        for the taxable year and each preceding taxable year
        for which it was a member of an affiliated group. For
        purposes of this subparagraph, the taxpayer's separate
        taxable income shall be determined as if the election
        provided by Section 243(b) (2) of the Internal Revenue
        Code had been in effect for all such years;
            (F) Cooperatives. In the case of a cooperative
        corporation or association, the taxable income of such
        organization determined in accordance with the
        provisions of Section 1381 through 1388 of the Internal
        Revenue Code;
            (G) Subchapter S corporations. In the case of: (i)
        a Subchapter S corporation for which there is in effect
        an election for the taxable year under Section 1362 of
        the Internal Revenue Code, the taxable income of such
        corporation determined in accordance with Section
        1363(b) of the Internal Revenue Code, except that
        taxable income shall take into account those items
        which are required by Section 1363(b)(1) of the
        Internal Revenue Code to be separately stated; and (ii)
        a Subchapter S corporation for which there is in effect
        a federal election to opt out of the provisions of the
        Subchapter S Revision Act of 1982 and have applied
        instead the prior federal Subchapter S rules as in
        effect on July 1, 1982, the taxable income of such
        corporation determined in accordance with the federal
        Subchapter S rules as in effect on July 1, 1982; and
            (H) Partnerships. In the case of a partnership,
        taxable income determined in accordance with Section
        703 of the Internal Revenue Code, except that taxable
        income shall take into account those items which are
        required by Section 703(a)(1) to be separately stated
        but which would be taken into account by an individual
        in calculating his taxable income.
        (3) Recapture of business expenses on disposition of
    asset or business. Notwithstanding any other law to the
    contrary, if in prior years income from an asset or
    business has been classified as business income and in a
    later year is demonstrated to be non-business income, then
    all expenses, without limitation, deducted in such later
    year and in the 2 immediately preceding taxable years
    related to that asset or business that generated the
    non-business income shall be added back and recaptured as
    business income in the year of the disposition of the asset
    or business. Such amount shall be apportioned to Illinois
    using the greater of the apportionment fraction computed
    for the business under Section 304 of this Act for the
    taxable year or the average of the apportionment fractions
    computed for the business under Section 304 of this Act for
    the taxable year and for the 2 immediately preceding
    taxable years.
 
    (f) Valuation limitation amount.
        (1) In general. The valuation limitation amount
    referred to in subsections (a) (2) (G), (c) (2) (I) and
    (d)(2) (E) is an amount equal to:
            (A) The sum of the pre-August 1, 1969 appreciation
        amounts (to the extent consisting of gain reportable
        under the provisions of Section 1245 or 1250 of the
        Internal Revenue Code) for all property in respect of
        which such gain was reported for the taxable year; plus
            (B) The lesser of (i) the sum of the pre-August 1,
        1969 appreciation amounts (to the extent consisting of
        capital gain) for all property in respect of which such
        gain was reported for federal income tax purposes for
        the taxable year, or (ii) the net capital gain for the
        taxable year, reduced in either case by any amount of
        such gain included in the amount determined under
        subsection (a) (2) (F) or (c) (2) (H).
        (2) Pre-August 1, 1969 appreciation amount.
            (A) If the fair market value of property referred
        to in paragraph (1) was readily ascertainable on August
        1, 1969, the pre-August 1, 1969 appreciation amount for
        such property is the lesser of (i) the excess of such
        fair market value over the taxpayer's basis (for
        determining gain) for such property on that date
        (determined under the Internal Revenue Code as in
        effect on that date), or (ii) the total gain realized
        and reportable for federal income tax purposes in
        respect of the sale, exchange or other disposition of
        such property.
            (B) If the fair market value of property referred
        to in paragraph (1) was not readily ascertainable on
        August 1, 1969, the pre-August 1, 1969 appreciation
        amount for such property is that amount which bears the
        same ratio to the total gain reported in respect of the
        property for federal income tax purposes for the
        taxable year, as the number of full calendar months in
        that part of the taxpayer's holding period for the
        property ending July 31, 1969 bears to the number of
        full calendar months in the taxpayer's entire holding
        period for the property.
            (C) The Department shall prescribe such
        regulations as may be necessary to carry out the
        purposes of this paragraph.
 
    (g) Double deductions. Unless specifically provided
otherwise, nothing in this Section shall permit the same item
to be deducted more than once.
 
    (h) Legislative intention. Except as expressly provided by
this Section there shall be no modifications or limitations on
the amounts of income, gain, loss or deduction taken into
account in determining gross income, adjusted gross income or
taxable income for federal income tax purposes for the taxable
year, or in the amount of such items entering into the
computation of base income and net income under this Act for
such taxable year, whether in respect of property values as of
August 1, 1969 or otherwise.
(Source: P.A. 94-776, eff. 5-19-06; 94-789, eff. 5-19-06;
94-1021, eff. 7-12-06; 94-1074, eff. 12-26-06; 95-23, eff.
8-3-07; 95-233, eff. 8-16-07; 95-286, eff. 8-20-07; 95-331,
eff. 8-21-07; 95-707, eff. 1-11-08; 95-876, eff. 8-21-08;
revised 10-15-08.)
 
    (35 ILCS 5/507PP)
    Sec. 507PP. The lung cancer research checkoff. For taxable
years ending on or after December 31, 2007, the Department
shall print, on its standard individual income tax form, a
provision indicating that, if the taxpayer wishes to contribute
to the Lung Cancer Research Fund, as authorized by this
amendatory Act of the 95th General Assembly, then he or she may
do so by stating the amount of the contribution (not less than
$1) on the return and indicating that the contribution will
reduce the taxpayer's refund or increase the amount of payment
to accompany the return. The taxpayer's failure to remit any
amount of the increased payment reduces the contribution
accordingly. This Section does not apply to any amended return.
(Source: P.A. 95-434, eff. 8-27-07; 95-876, eff. 8-21-08.)
 
    (35 ILCS 5/507RR)
    Sec. 507RR 507PP. The Healthy Smiles Fund checkoff. For
taxable years ending on or after December 31, 2008, the
Department must print on its standard individual income tax
form a provision indicating that if the taxpayer wishes to
contribute to the Healthy Smiles Fund, as authorized by this
amendatory Act of the 95th General Assembly, he or she may do
so by stating the amount of the contribution (not less than $1)
on the return and that the contribution will reduce the
taxpayer's refund or increase the amount of payment to
accompany the return. Failure to remit any amount of increased
payment shall reduce the contribution accordingly. This
Section does not apply to any amended return.
(Source: P.A. 95-940, eff. 8-29-08; revised 9-25-08.)
 
    (35 ILCS 5/509)  (from Ch. 120, par. 5-509)
    Sec. 509. Tax checkoff explanations. All individual income
tax return forms shall contain appropriate explanations and
spaces to enable the taxpayers to designate contributions to
the funds to which contributions may be made under this Article
5. the Healthy Smiles Fund,
    Each form shall contain a statement that the contributions
will reduce the taxpayer's refund or increase the amount of
payment to accompany the return. Failure to remit any amount of
increased payment shall reduce the contribution accordingly.
    If, on October 1 of any year, the total contributions to
any one of the funds made under this Article 5 do not equal
$100,000 or more, the explanations and spaces for designating
contributions to the fund shall be removed from the individual
income tax return forms for the following and all subsequent
years and all subsequent contributions to the fund shall be
refunded to the taxpayer.
(Source: P.A. 94-73, eff. 6-23-05; 94-107, eff. 7-1-05; 94-141,
eff. 1-1-06; 94-142, eff. 1-1-06; 94-442, eff. 8-4-05; 94-602,
eff. 8-16-05; 94-649, eff. 8-22-05; 94-876, eff. 6-19-06;
95-331, eff. 8-21-07; 95-434, eff. 8-27-07; 95-435, eff.
8-27-07; 95-940, eff. 8-29-08; revised 9-25-08.)
 
    (35 ILCS 5/510)  (from Ch. 120, par. 5-510)
    Sec. 510. Determination of amounts contributed. The
Department shall determine the total amount contributed to each
of the funds under this Article 5 the Healthy Smiles Fund, and
shall notify the State Comptroller and the State Treasurer of
the amounts to be transferred from the General Revenue Fund to
each fund, and upon receipt of such notification the State
Treasurer and Comptroller shall transfer the amounts.
(Source: P.A. 94-73, eff. 6-23-05; 94-107, eff. 7-1-05; 94-141,
eff. 1-1-06; 94-142, eff. 1-1-06; 94-442, eff. 8-4-05; 94-602,
eff. 8-16-05; 94-649, eff. 8-22-05; 94-876, eff. 6-19-06;
95-331, eff. 8-21-07; 95-434, eff. 8-27-07; 95-435, eff.
8-27-07; 95-940, eff. 8-29-08; revised 9-25-08.)
 
    (35 ILCS 5/901)  (from Ch. 120, par. 9-901)
    Sec. 901. Collection Authority.
    (a) In general.
    The Department shall collect the taxes imposed by this Act.
The Department shall collect certified past due child support
amounts under Section 2505-650 of the Department of Revenue Law
(20 ILCS 2505/2505-650). Except as provided in subsections (c)
and (e) of this Section, money collected pursuant to
subsections (a) and (b) of Section 201 of this Act shall be
paid into the General Revenue Fund in the State treasury; money
collected pursuant to subsections (c) and (d) of Section 201 of
this Act shall be paid into the Personal Property Tax
Replacement Fund, a special fund in the State Treasury; and
money collected under Section 2505-650 of the Department of
Revenue Law (20 ILCS 2505/2505-650) shall be paid into the
Child Support Enforcement Trust Fund, a special fund outside
the State Treasury, or to the State Disbursement Unit
established under Section 10-26 of the Illinois Public Aid
Code, as directed by the Department of Healthcare and Family
Services.
    (b) Local Government Governmental Distributive Fund.
    Beginning August 1, 1969, and continuing through June 30,
1994, the Treasurer shall transfer each month from the General
Revenue Fund to a special fund in the State treasury, to be
known as the "Local Government Distributive Fund", an amount
equal to 1/12 of the net revenue realized from the tax imposed
by subsections (a) and (b) of Section 201 of this Act during
the preceding month. Beginning July 1, 1994, and continuing
through June 30, 1995, the Treasurer shall transfer each month
from the General Revenue Fund to the Local Government
Distributive Fund an amount equal to 1/11 of the net revenue
realized from the tax imposed by subsections (a) and (b) of
Section 201 of this Act during the preceding month. Beginning
July 1, 1995, the Treasurer shall transfer each month from the
General Revenue Fund to the Local Government Distributive Fund
an amount equal to the net of (i) 1/10 of the net revenue
realized from the tax imposed by subsections (a) and (b) of
Section 201 of the Illinois Income Tax Act during the preceding
month (ii) minus, beginning July 1, 2003 and ending June 30,
2004, $6,666,666, and beginning July 1, 2004, zero. Net revenue
realized for a month shall be defined as the revenue from the
tax imposed by subsections (a) and (b) of Section 201 of this
Act which is deposited in the General Revenue Fund, the
Educational Assistance Fund and the Income Tax Surcharge Local
Government Distributive Fund during the month minus the amount
paid out of the General Revenue Fund in State warrants during
that same month as refunds to taxpayers for overpayment of
liability under the tax imposed by subsections (a) and (b) of
Section 201 of this Act.
    (c) Deposits Into Income Tax Refund Fund.
        (1) Beginning on January 1, 1989 and thereafter, the
    Department shall deposit a percentage of the amounts
    collected pursuant to subsections (a) and (b)(1), (2), and
    (3), of Section 201 of this Act into a fund in the State
    treasury known as the Income Tax Refund Fund. The
    Department shall deposit 6% of such amounts during the
    period beginning January 1, 1989 and ending on June 30,
    1989. Beginning with State fiscal year 1990 and for each
    fiscal year thereafter, the percentage deposited into the
    Income Tax Refund Fund during a fiscal year shall be the
    Annual Percentage. For fiscal years 1999 through 2001, the
    Annual Percentage shall be 7.1%. For fiscal year 2003, the
    Annual Percentage shall be 8%. For fiscal year 2004, the
    Annual Percentage shall be 11.7%. Upon the effective date
    of this amendatory Act of the 93rd General Assembly, the
    Annual Percentage shall be 10% for fiscal year 2005. For
    fiscal year 2006, the Annual Percentage shall be 9.75%. For
    fiscal year 2007, the Annual Percentage shall be 9.75%. For
    fiscal year 2008, the Annual Percentage shall be 7.75%. For
    fiscal year 2009, the Annual Percentage shall be 9.75%. For
    all other fiscal years, the Annual Percentage shall be
    calculated as a fraction, the numerator of which shall be
    the amount of refunds approved for payment by the
    Department during the preceding fiscal year as a result of
    overpayment of tax liability under subsections (a) and
    (b)(1), (2), and (3) of Section 201 of this Act plus the
    amount of such refunds remaining approved but unpaid at the
    end of the preceding fiscal year, minus the amounts
    transferred into the Income Tax Refund Fund from the
    Tobacco Settlement Recovery Fund, and the denominator of
    which shall be the amounts which will be collected pursuant
    to subsections (a) and (b)(1), (2), and (3) of Section 201
    of this Act during the preceding fiscal year; except that
    in State fiscal year 2002, the Annual Percentage shall in
    no event exceed 7.6%. The Director of Revenue shall certify
    the Annual Percentage to the Comptroller on the last
    business day of the fiscal year immediately preceding the
    fiscal year for which it is to be effective.
        (2) Beginning on January 1, 1989 and thereafter, the
    Department shall deposit a percentage of the amounts
    collected pursuant to subsections (a) and (b)(6), (7), and
    (8), (c) and (d) of Section 201 of this Act into a fund in
    the State treasury known as the Income Tax Refund Fund. The
    Department shall deposit 18% of such amounts during the
    period beginning January 1, 1989 and ending on June 30,
    1989. Beginning with State fiscal year 1990 and for each
    fiscal year thereafter, the percentage deposited into the
    Income Tax Refund Fund during a fiscal year shall be the
    Annual Percentage. For fiscal years 1999, 2000, and 2001,
    the Annual Percentage shall be 19%. For fiscal year 2003,
    the Annual Percentage shall be 27%. For fiscal year 2004,
    the Annual Percentage shall be 32%. Upon the effective date
    of this amendatory Act of the 93rd General Assembly, the
    Annual Percentage shall be 24% for fiscal year 2005. For
    fiscal year 2006, the Annual Percentage shall be 20%. For
    fiscal year 2007, the Annual Percentage shall be 17.5%. For
    fiscal year 2008, the Annual Percentage shall be 15.5%. For
    fiscal year 2009, the Annual Percentage shall be 17.5%. For
    all other fiscal years, the Annual Percentage shall be
    calculated as a fraction, the numerator of which shall be
    the amount of refunds approved for payment by the
    Department during the preceding fiscal year as a result of
    overpayment of tax liability under subsections (a) and
    (b)(6), (7), and (8), (c) and (d) of Section 201 of this
    Act plus the amount of such refunds remaining approved but
    unpaid at the end of the preceding fiscal year, and the
    denominator of which shall be the amounts which will be
    collected pursuant to subsections (a) and (b)(6), (7), and
    (8), (c) and (d) of Section 201 of this Act during the
    preceding fiscal year; except that in State fiscal year
    2002, the Annual Percentage shall in no event exceed 23%.
    The Director of Revenue shall certify the Annual Percentage
    to the Comptroller on the last business day of the fiscal
    year immediately preceding the fiscal year for which it is
    to be effective.
        (3) The Comptroller shall order transferred and the
    Treasurer shall transfer from the Tobacco Settlement
    Recovery Fund to the Income Tax Refund Fund (i) $35,000,000
    in January, 2001, (ii) $35,000,000 in January, 2002, and
    (iii) $35,000,000 in January, 2003.
    (d) Expenditures from Income Tax Refund Fund.
        (1) Beginning January 1, 1989, money in the Income Tax
    Refund Fund shall be expended exclusively for the purpose
    of paying refunds resulting from overpayment of tax
    liability under Section 201 of this Act, for paying rebates
    under Section 208.1 in the event that the amounts in the
    Homeowners' Tax Relief Fund are insufficient for that
    purpose, and for making transfers pursuant to this
    subsection (d).
        (2) The Director shall order payment of refunds
    resulting from overpayment of tax liability under Section
    201 of this Act from the Income Tax Refund Fund only to the
    extent that amounts collected pursuant to Section 201 of
    this Act and transfers pursuant to this subsection (d) and
    item (3) of subsection (c) have been deposited and retained
    in the Fund.
        (3) As soon as possible after the end of each fiscal
    year, the Director shall order transferred and the State
    Treasurer and State Comptroller shall transfer from the
    Income Tax Refund Fund to the Personal Property Tax
    Replacement Fund an amount, certified by the Director to
    the Comptroller, equal to the excess of the amount
    collected pursuant to subsections (c) and (d) of Section
    201 of this Act deposited into the Income Tax Refund Fund
    during the fiscal year over the amount of refunds resulting
    from overpayment of tax liability under subsections (c) and
    (d) of Section 201 of this Act paid from the Income Tax
    Refund Fund during the fiscal year.
        (4) As soon as possible after the end of each fiscal
    year, the Director shall order transferred and the State
    Treasurer and State Comptroller shall transfer from the
    Personal Property Tax Replacement Fund to the Income Tax
    Refund Fund an amount, certified by the Director to the
    Comptroller, equal to the excess of the amount of refunds
    resulting from overpayment of tax liability under
    subsections (c) and (d) of Section 201 of this Act paid
    from the Income Tax Refund Fund during the fiscal year over
    the amount collected pursuant to subsections (c) and (d) of
    Section 201 of this Act deposited into the Income Tax
    Refund Fund during the fiscal year.
        (4.5) As soon as possible after the end of fiscal year
    1999 and of each fiscal year thereafter, the Director shall
    order transferred and the State Treasurer and State
    Comptroller shall transfer from the Income Tax Refund Fund
    to the General Revenue Fund any surplus remaining in the
    Income Tax Refund Fund as of the end of such fiscal year;
    excluding for fiscal years 2000, 2001, and 2002 amounts
    attributable to transfers under item (3) of subsection (c)
    less refunds resulting from the earned income tax credit.
        (5) This Act shall constitute an irrevocable and
    continuing appropriation from the Income Tax Refund Fund
    for the purpose of paying refunds upon the order of the
    Director in accordance with the provisions of this Section.
    (e) Deposits into the Education Assistance Fund and the
Income Tax Surcharge Local Government Distributive Fund.
    On July 1, 1991, and thereafter, of the amounts collected
pursuant to subsections (a) and (b) of Section 201 of this Act,
minus deposits into the Income Tax Refund Fund, the Department
shall deposit 7.3% into the Education Assistance Fund in the
State Treasury. Beginning July 1, 1991, and continuing through
January 31, 1993, of the amounts collected pursuant to
subsections (a) and (b) of Section 201 of the Illinois Income
Tax Act, minus deposits into the Income Tax Refund Fund, the
Department shall deposit 3.0% into the Income Tax Surcharge
Local Government Distributive Fund in the State Treasury.
Beginning February 1, 1993 and continuing through June 30,
1993, of the amounts collected pursuant to subsections (a) and
(b) of Section 201 of the Illinois Income Tax Act, minus
deposits into the Income Tax Refund Fund, the Department shall
deposit 4.4% into the Income Tax Surcharge Local Government
Distributive Fund in the State Treasury. Beginning July 1,
1993, and continuing through June 30, 1994, of the amounts
collected under subsections (a) and (b) of Section 201 of this
Act, minus deposits into the Income Tax Refund Fund, the
Department shall deposit 1.475% into the Income Tax Surcharge
Local Government Distributive Fund in the State Treasury.
(Source: P.A. 94-91, eff. 7-1-05; 94-839, eff. 6-6-06; 95-707,
eff. 1-11-08; 95-744, eff. 7-18-08; revised 10-23-08.)
 
    Section 75. The Retailers' Occupation Tax Act is amended by
changing Section 2-45 as follows:
 
    (35 ILCS 120/2-45)  (from Ch. 120, par. 441-45)
    Sec. 2-45. Manufacturing and assembly exemption. The
manufacturing and assembly machinery and equipment exemption
includes machinery and equipment that replaces machinery and
equipment in an existing manufacturing facility as well as
machinery and equipment that are for use in an expanded or new
manufacturing facility.
    The machinery and equipment exemption also includes
machinery and equipment used in the general maintenance or
repair of exempt machinery and equipment or for in-house
manufacture of exempt machinery and equipment. For the purposes
of this exemption, terms have the following meanings:
        (1) "Manufacturing process" means the production of an
    article of tangible personal property, whether the article
    is a finished product or an article for use in the process
    of manufacturing or assembling a different article of
    tangible personal property, by a procedure commonly
    regarded as manufacturing, processing, fabricating, or
    refining that changes some existing material or materials
    into a material with a different form, use, or name. In
    relation to a recognized integrated business composed of a
    series of operations that collectively constitute
    manufacturing, or individually constitute manufacturing
    operations, the manufacturing process commences with the
    first operation or stage of production in the series and
    does not end until the completion of the final product in
    the last operation or stage of production in the series.
    For purposes of this exemption, photoprocessing is a
    manufacturing process of tangible personal property for
    wholesale or retail sale.
        (2) "Assembling process" means the production of an
    article of tangible personal property, whether the article
    is a finished product or an article for use in the process
    of manufacturing or assembling a different article of
    tangible personal property, by the combination of existing
    materials in a manner commonly regarded as assembling that
    results in a material of a different form, use, or name.
        (3) "Machinery" means major mechanical machines or
    major components of those machines contributing to a
    manufacturing or assembling process.
        (4) "Equipment" includes an independent device or tool
    separate from machinery but essential to an integrated
    manufacturing or assembly process; including computers
    used primarily in a manufacturer's computer assisted
    design, computer assisted manufacturing (CAD/CAM) system;
    any subunit or assembly comprising a component of any
    machinery or auxiliary, adjunct, or attachment parts of
    machinery, such as tools, dies, jigs, fixtures, patterns,
    and molds; and any parts that require periodic replacement
    in the course of normal operation; but does not include
    hand tools. Equipment includes chemicals or chemicals
    acting as catalysts but only if the chemicals or chemicals
    acting as catalysts effect a direct and immediate change
    upon a product being manufactured or assembled for
    wholesale or retail sale or lease.
        (5) "Production related tangible personal property"
    means all tangible personal property that is used or
    consumed by the purchaser in a manufacturing facility in
    which a manufacturing process takes place and includes,
    without limitation, tangible personal property that is
    purchased for incorporation into real estate within a
    manufacturing facility and tangible personal property that
    is used or consumed in activities such as research and
    development, preproduction material handling, receiving,
    quality control, inventory control, storage, staging, and
    packaging for shipping and transportation purposes.
    "Production related tangible personal property" does not
    include (i) tangible personal property that is used, within
    or without a manufacturing facility, in sales, purchasing,
    accounting, fiscal management, marketing, personnel
    recruitment or selection, or landscaping or (ii) tangible
    personal property that is required to be titled or
    registered with a department, agency, or unit of federal,
    State, or local government.
    The manufacturing and assembling machinery and equipment
exemption includes production related tangible personal
property that is purchased on or after July 1, 2007 and on or
before June 30, 2008. The exemption for production related
tangible personal property is subject to both of the following
limitations:
        (1) The maximum amount of the exemption for any one
    taxpayer may not exceed 5% of the purchase price of
    production related tangible personal property that is
    purchased on or after July 1, 2007 and on or before June
    30, 2008. A credit under Section 3-85 of this Act may not
    be earned by the purchase of production related tangible
    personal property for which an exemption is received under
    this Section.
        (2) The maximum aggregate amount of the exemptions for
    production related tangible personal property awarded
    under this Act and the Use Retailers' Occupation Tax Act to
    all taxpayers may not exceed $10,000,000. If the claims for
    the exemption exceed $10,000,000, then the Department
    shall reduce the amount of the exemption to each taxpayer
    on a pro rata basis.
The Department may adopt rules to implement and administer the
exemption for production related tangible personal property.
    The manufacturing and assembling machinery and equipment
exemption includes the sale of materials to a purchaser who
produces exempted types of machinery, equipment, or tools and
who rents or leases that machinery, equipment, or tools to a
manufacturer of tangible personal property. This exemption
also includes the sale of materials to a purchaser who
manufactures those materials into an exempted type of
machinery, equipment, or tools that the purchaser uses himself
or herself in the manufacturing of tangible personal property.
The purchaser of the machinery and equipment who has an active
resale registration number shall furnish that number to the
seller at the time of purchase. A purchaser of the machinery,
equipment, and tools without an active resale registration
number shall furnish to the seller a certificate of exemption
for each transaction stating facts establishing the exemption
for that transaction, and that certificate shall be available
to the Department for inspection or audit. Informal rulings,
opinions, or letters issued by the Department in response to an
inquiry or request for an opinion from any person regarding the
coverage and applicability of this exemption to specific
devices shall be published, maintained as a public record, and
made available for public inspection and copying. If the
informal ruling, opinion, or letter contains trade secrets or
other confidential information, where possible, the Department
shall delete that information before publication. Whenever
informal rulings, opinions, or letters contain a policy of
general applicability, the Department shall formulate and
adopt that policy as a rule in accordance with the Illinois
Administrative Procedure Act.
(Source: P.A. 95-707, eff. 1-11-08; revised 10-23-08.)
 
    Section 80. The Illinois Pension Code is amended by
changing the heading of Division 8 of Article 22 as follows:
 
    (40 ILCS 5/Art. 22 Div. 8 heading)
DIVISION 8. COMMISSION ON GOVERNMENT
FORECASTING AND ACCOUNTABILITY
PENSION LAWS COMMISSION

 
    Section 85. The Contractor Unified License and Permit Bond
Act is amended by changing Section 20 as follows:
 
    (50 ILCS 830/20)
    Sec. 20. Unified license and permit bond.
    (a) A contractor seeking to do work or doing work in a
county or municipality may obtain a unified license and permit
bond. This unified license and permit bond may be used by the
contractor, at the contractor's discretion, instead of any
other license or permit bond, or both, required of a contractor
by the county or a municipality within that county. The bond
shall be in the amount of at least $50,000 for counties
included within the provisions of the Northeastern Illinois
Planning Act (now repealed) and in the amount of at least
$25,000 for all other counties.
    (b) The unified license and permit bond shall be held for
compliance with the ordinances and regulations governing
contractors in the county or any municipality within that
county where the contractor seeks to do work or is doing work.
The unified bond required by this Act shall be filed by the
contractor with the county clerk. At the time of filing, the
county clerk may charge a reasonable administration fee,
determined by the county board or board of county
commissioners.
    (c) If a contractor elects to use a unified license and
permit bond under this Act and the territory of a municipality
where a contractor seeks to do or is doing work is included
within more than one county, then the contractor shall obtain a
unified license and permit bond from each county and shall file
a unified bond with each of the respective county clerks
whether or not the contractor seeks to do or is doing work in
that part of the municipality included in only one of the
counties.
    In addition, the contractor shall file a certified copy of
the unified bond with the clerk in the municipality within that
county where the contractor seeks to do work or is doing work.
At the time of the filing, the clerk may charge a reasonable
administration fee, determined by the corporate authorities of
the municipality.
(Source: P.A. 90-712, eff. 8-7-98; revised 1-22-08.)
 
    Section 90. The Counties Code is amended by changing
Sections 3-6038, 4-4001, 5-1069.3, and 5-1101, by setting forth
and renumbering multiple versions of Section 5-1129, by adding
Division headings 4-8, 5-42, and 6-34, and by renumbering
Sections 5-29 and 42000 as follows:
 
    (55 ILCS 5/3-6038)
    Sec. 3-6038. County impact incarceration program.
    (a) With the approval of the county board, the sheriff in
any county with 3,000,000 or fewer inhabitants may operate an
impact incarceration program for persons who would otherwise be
sentenced to serve a term of imprisonment. In order to be
eligible to participate in the impact incarceration program, a
person convicted of a felony or a misdemeanor must meet the
requirements set forth in subsection (b) of Section 5-8-1.1 of
the Unified Code of Corrections.
    (b) The impact incarceration program shall include, among
other matters, mandatory physical training and labor, military
formation and drills, regimented activities, uniformity of
dress and appearance, and drug or other counseling where
appropriate.
    (c) Participation in the impact incarceration program by a
committed person serving a sentence for a misdemeanor shall be
for a period of at least 7 days for each 30 days of his or her
term of imprisonment as set forth by the court in its
sentencing order. If the sentence of imprisonment is less than
30 days, participation in the impact incarceration program
shall be for a period as determined by the court.
    Participation in the impact incarceration program by a
committed person serving a sentence for a felony, including a
person transferred from the Illinois Department of Corrections
under subsection (f), shall be for a period of 120 to 180 days.
    The period of time a committed person shall serve in the
impact incarceration program shall not be reduced by the
accumulation of good time.
    (d) The committed person shall serve a term of mandatory
supervised release as set forth in subsection (d) of Section
5-8-1 of the Unified Code of Corrections, if otherwise
applicable.
    (e) If the sheriff accepts the offender in the program and
determines that the offender has successfully completed the
impact incarceration program, the sentence shall be reduced to
time considered served upon certification to the court by the
sheriff that the offender has successfully completed the
program. In the event the offender is not accepted for
placement in the impact incarceration program or the offender
does not successfully complete the program, his or her term of
imprisonment shall be as set forth by the court in its
sentencing order.
    (f) The sheriff, with the approval of the county board,
shall have the power to enter into intergovernmental
cooperation agreements with the Illinois Department of
Corrections under which persons in the custody of the Illinois
Department may participate in the county impact incarceration
program. No person shall be eligible for participation who does
not meet the criteria set forth in subsection (b) of Section
5-8-1.1 of the Unified Code of Corrections. An offender who
successfully completes the county impact incarceration program
shall have his or her sentence reduced to time considered
served upon certification to the court by the Illinois
Department of Corrections that the offender has successfully
completed the program.
    (g) The sheriff, with the approval of the county board,
shall have the power to enter into intergovernmental agreements
with the Illinois Department of Corrections to receive funding,
land, services, equipment, or any other form of economic
contribution for construction, operation, and maintenance of a
regional impact incarceration program that serves 2 or more
counties.
(Source: P.A. 89-110, eff. 1-1-96; 89-258, eff. 1-1-96; 89-626,
eff. 8-9-96; revised 10-23-08.)
 
    (55 ILCS 5/4-4001)  (from Ch. 34, par. 4-4001)
    Sec. 4-4001. County Clerks; counties of first and second
class. The fees of the county clerk in counties of the first
and second class, except when increased by county ordinance
pursuant to the provisions of this Section, shall be:
    For each official copy of any process, file, record or
other instrument of and pertaining to his office, 50¢ for each
100 words, and $1 additional for certifying and sealing the
same.
    For filing any paper not herein otherwise provided for, $1,
except that no fee shall be charged for filing a Statement of
economic interest pursuant to the Illinois Governmental Ethics
Act or reports made pursuant to Article 9 of The Election Code.
    For issuance of fireworks permits, $2.
    For issuance of liquor licenses, $5.
    For filing and recording of the appointment and oath of
each public official, $3.
    For officially certifying and sealing each copy of any
process, file, record or other instrument of and pertaining to
his office, $1.
    For swearing any person to an affidavit, $1.
    For issuing each license in all matters except where the
fee for the issuance thereof is otherwise fixed, $4.
    For issuing each marriage license, the certificate
thereof, and for recording the same, including the recording of
the parent's or guardian's consent where indicated, $20. $5
from all marriage license fees shall be remitted by the clerk
to the State Treasurer for deposit into the Married Families
Domestic Violence Fund.
    For taking and certifying acknowledgments to any
instrument, except where herein otherwise provided for, $1.
    For issuing each certificate of appointment or commission,
the fee for which is not otherwise fixed by law, $1.
    For cancelling tax sale and issuing and sealing
certificates of redemption, $3.
    For issuing order to county treasurer for redemption of
forfeited tax, $2.
    For trying and sealing weights and measures by county
standard, together with all actual expenses in connection
therewith, $1.
    For services in case of estrays, $2.
    The following fees shall be allowed for services attending
the sale of land for taxes, and shall be charged as costs
against the delinquent property and be collected with the taxes
thereon:
    For services in attending the tax sale and issuing
certificate of sale and sealing the same, for each tract or
town lot sold, $4.
    For making list of delinquent lands and town lots sold, to
be filed with the Comptroller, for each tract or town lot sold,
10¢.
    The foregoing fees allowed by this Section are the maximum
fees that may be collected from any officer, agency, department
or other instrumentality of the State. The county board may,
however, by ordinance, increase the fees allowed by this
Section and collect such increased fees from all persons and
entities other than officers, agencies, departments and other
instrumentalities of the State if the increase is justified by
an acceptable cost study showing that the fees allowed by this
Section are not sufficient to cover the cost of providing the
service.
    A Statement of the costs of providing each service, program
and activity shall be prepared by the county board. All
supporting documents shall be public record and subject to
public examination and audit. All direct and indirect costs, as
defined in the United States Office of Management and Budget
Circular A-87, may be included in the determination of the
costs of each service, program and activity.
    The county clerk in all cases may demand and receive the
payment of all fees for services in advance so far as the same
can be ascertained.
    The county board of any county of the first or second class
may by ordinance authorize the county clerk to impose an
additional $2 charge for certified copies of vital records as
defined in Section 1 of the Vital Records Act, for the purpose
of developing, maintaining, and improving technology in the
office of the County Clerk.
    The county board of any county of the first or second class
may by ordinance authorize the county treasurer to establish a
special fund for deposit of the additional charge. Moneys in
the special fund shall be used solely to provide the equipment,
material and necessary expenses incurred to help defray the
cost of implementing and maintaining such document storage
system.
(Source: P.A. 95-711, eff. 6-1-08; 95-837, eff. 1-1-09; revised
9-5-08.)
 
    (55 ILCS 5/Div. 4-8 heading)
Division 4-8. Officers' Salaries in Cook County

 
    (55 ILCS 5/5-1069.3)
    (Text of Section before amendment by P.A. 95-958)
    Sec. 5-1069.3. Required health benefits. If a county,
including a home rule county, is a self-insurer for purposes of
providing health insurance coverage for its employees, the
coverage shall include coverage for the post-mastectomy care
benefits required to be covered by a policy of accident and
health insurance under Section 356t and the coverage required
under Sections 356g.5, 356u, 356w, 356x, 356z.6, 356z.9,
356z.10, and 356z.13 356z.11 of the Illinois Insurance Code.
The requirement that health benefits be covered as provided in
this Section is an exclusive power and function of the State
and is a denial and limitation under Article VII, Section 6,
subsection (h) of the Illinois Constitution. A home rule county
to which this Section applies must comply with every provision
of this Section.
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07;
95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-978, eff.
1-1-09; revised 10-15-08.)
 
    (Text of Section after amendment by P.A. 95-958)
    Sec. 5-1069.3. Required health benefits. If a county,
including a home rule county, is a self-insurer for purposes of
providing health insurance coverage for its employees, the
coverage shall include coverage for the post-mastectomy care
benefits required to be covered by a policy of accident and
health insurance under Section 356t and the coverage required
under Sections 356g.5, 356u, 356w, 356x, 356z.6, 356z.9,
356z.10, 356z.11, and 356z.12, and 356z.13 356z.11 of the
Illinois Insurance Code. The requirement that health benefits
be covered as provided in this Section is an exclusive power
and function of the State and is a denial and limitation under
Article VII, Section 6, subsection (h) of the Illinois
Constitution. A home rule county to which this Section applies
must comply with every provision of this Section.
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07;
95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-958, eff.
6-1-09; 95-978, eff. 1-1-09; revised 10-15-08.)
 
    (55 ILCS 5/5-1101)  (from Ch. 34, par. 5-1101)
    Sec. 5-1101. Additional fees to finance court system. A
county board may enact by ordinance or resolution the following
fees:
    (a) A $5 fee to be paid by the defendant on a judgment of
guilty or a grant of supervision for violation of the Illinois
Vehicle Code other than Section 11-501 or violations of similar
provisions contained in county or municipal ordinances
committed in the county, and up to a $30 fee to be paid by the
defendant on a judgment of guilty or a grant of supervision for
violation of Section 11-501 of the Illinois Vehicle Code or a
violation of a similar provision contained in county or
municipal ordinances committed in the county.
    (b) In the case of a county having a population of
1,000,000 or less, a $5 fee to be collected in all civil cases
by the clerk of the circuit court.
    (c) A fee to be paid by the defendant on a judgment of
guilty or a grant of supervision under Section 5-9-1 of the
Unified Code of Corrections, as follows:
        (1) for a felony, $50;
        (2) for a class A misdemeanor, $25;
        (3) for a class B or class C misdemeanor, $15;
        (4) for a petty offense, $10;
        (5) for a business offense, $10.
    (d) A $100 fee for the second and subsequent violations of
Section 11-501 of the Illinois Vehicle Code or violations of
similar provisions contained in county or municipal ordinances
committed in the county. The proceeds of this fee shall be
placed in the county general fund and used to finance education
programs related to driving under the influence of alcohol or
drugs.
    (d-5) A $10 fee to be paid by the defendant on a judgment
of guilty or a grant of supervision under Section 5-9-1 of the
Unified Code of Corrections to be placed in the county general
fund and used to finance the county mental health court, the
county drug court, or both.
    (e) In each county in which a teen court, peer court, peer
jury, youth court, or other youth diversion program has been
created, a county may adopt a mandatory fee of up to $5 to be
assessed as provided in this subsection. Assessments collected
by the clerk of the circuit court pursuant to this subsection
must be deposited into an account specifically for the
operation and administration of a teen court, peer court, peer
jury, youth court, or other youth diversion program. The clerk
of the circuit court shall collect the fees established in this
subsection and must remit the fees to the teen court, peer
court, peer jury, youth court, or other youth diversion program
monthly, less 5%, which is to be retained as fee income to the
office of the clerk of the circuit court. The fees are to be
paid as follows:
        (1) a fee of up to $5 paid by the defendant on a
    judgment of guilty or grant of supervision for violation of
    the Illinois Vehicle Code or violations of similar
    provisions contained in county or municipal ordinances
    committed in the county;
        (2) a fee of up to $5 paid by the defendant on a
    judgment of guilty or grant of supervision under Section
    5-9-1 of the Unified Code of Corrections for a felony; for
    a Class A, Class B, or Class C misdemeanor; for a petty
    offense; and for a business offense.
    (f) In each county in which a drug court has been created,
the county may adopt a mandatory fee of up to $5 to be assessed
as provided in this subsection. Assessments collected by the
clerk of the circuit court pursuant to this subsection must be
deposited into an account specifically for the operation and
administration of the drug court. The clerk of the circuit
court shall collect the fees established in this subsection and
must remit the fees to the drug court, less 5%, which is to be
retained as fee income to the office of the clerk of the
circuit court. The fees are to be paid as follows:
        (1) a fee of up to $5 paid by the defendant on a
    judgment of guilty or grant of supervision for a violation
    of the Illinois Vehicle Code or a violation of a similar
    provision contained in a county or municipal ordinance
    committed in the county; or
        (2) a fee of up to $5 paid by the defendant on a
    judgment of guilty or a grant of supervision under Section
    5-9-1 of the Unified Code of Corrections for a felony; for
    a Class A, Class B, or Class C misdemeanor; for a petty
    offense; and for a business offense.
     The clerk of the circuit court shall deposit the 5%
retained under this subsection into the Circuit Court Clerk
Operation and Administrative Fund to be used to defray the
costs of collection and disbursement of the drug court fee.
    (f-5) In each county in which a Children's Advocacy Center
provides services, the county board may adopt a mandatory fee
of between $5 and $30 to be paid by the defendant on a judgment
of guilty or a grant of supervision under Section 5-9-1 of the
Unified Code of Corrections for a felony; for a Class A, Class
B, or Class C misdemeanor; for a petty offense; and for a
business offense. Assessments shall be collected by the clerk
of the circuit court and must be deposited into an account
specifically for the operation and administration of the
Children's Advocacy Center. The clerk of the circuit court
shall collect the fees as provided in this subsection, and must
remit the fees to the Children's Advocacy Center.
    (g) The proceeds of all fees enacted under this Section
must, except as provided in subsections (d), (d-5), (e), and
(f), be placed in the county general fund and used to finance
the court system in the county, unless the fee is subject to
disbursement by the circuit clerk as provided under Section
27.5 of the Clerks of Courts Act.
(Source: P.A. 94-862, eff. 6-16-06; 94-980, eff. 6-30-06;
95-103, eff. 1-1-08; 95-331, eff. 8-21-07; revised 10-28-08.)
 
    (55 ILCS 5/5-1129)
    Sec. 5-1129. Annexation agreements. The county board of a
county referenced in subsection (c) of Section 11-15.1-2.1 of
the Illinois Municipal Code may, in accordance with subsection
(c) of Section 11-15.1-2.1 of the Illinois Municipal Code,
retain jurisdiction over land that is the subject of an
annexation agreement and is located more than 1.5 miles from
the corporate boundaries of the municipality.
(Source: P.A. 95-175, eff. 1-1-08.)
 
    (55 ILCS 5/5-1130)
    Sec. 5-1130 5-1129. Leases of equipment and machinery. The
county board of each county may, upon the affirmative vote of
two-thirds of its members, enter into one or more leases for a
period of not to exceed 5 years for computer equipment, data
processing machinery, and software, as may be required for its
corporate purposes.
(Source: P.A. 95-810, eff. 1-1-09; revised 9-5-08.)
 
    (55 ILCS 5/5-29001)  (from Ch. 34, par. 5-29001)
    Sec. 5-29001 5-29. Authorization. A county board may, by
resolution, authorize the compilation, publication and
maintenance of a county code consisting of ordinances and
regulations duly adopted by the county board.
(Source: P.A. 86-962; revised 10-23-08.)
 
    (55 ILCS 5/Div. 5-42 heading)
DIVISION 5-42. WIND FARMS

 
    (55 ILCS 5/5-42000)
    Sec. 5-42000 42000. Wind farms. A county may own and
operate a wind generation turbine farm, either individually or
jointly with another unit of local government, school district,
or community college district that is authorized to own and
operate a wind generation turbine farm, that directly or
indirectly reduces the energy or other operating costs of the
county. The county may ask for the assistance of any State
agency, including without limitation the Department of
Commerce and Economic Opportunity, the Illinois Power Agency,
or the Environmental Protection Agency, in obtaining financing
options for a wind generation turbine farm.
(Source: P.A. 95-805, eff. 8-12-08; revised 9-16-08.)
 
    (55 ILCS 5/Div. 6-34 heading)
DIVISION 6-34. REPORT OF RTA OCCUPATION TAXES

 
    Section 95. The Township Code is amended by changing
Section 105-40 as follows:
 
    (60 ILCS 1/105-40)
    Sec. 105-40. Clean indoor air. Every public enclosed indoor
area in the township shall be subject to the Smoke Free
Illinois Act Illinois Clean Indoor Air Act.
(Source: P.A. 88-62; revised 1-22-08.)
 
    Section 100. The Illinois Municipal Code is amended by
changing Sections 10-4-2.3, 11-74.4-3, 11-74.4-3.5, and
11-74.4-7 and by adding Division heading 15.3 of Article 11 as
follows:
 
    (65 ILCS 5/10-4-2.3)
    (Text of Section before amendment by P.A. 95-958)
    Sec. 10-4-2.3. Required health benefits. If a
municipality, including a home rule municipality, is a
self-insurer for purposes of providing health insurance
coverage for its employees, the coverage shall include coverage
for the post-mastectomy care benefits required to be covered by
a policy of accident and health insurance under Section 356t
and the coverage required under Sections 356g.5, 356u, 356w,
356x, 356z.6, 356z.9, 356z.10, and 356z.13 356z.11 of the
Illinois Insurance Code. The requirement that health benefits
be covered as provided in this is an exclusive power and
function of the State and is a denial and limitation under
Article VII, Section 6, subsection (h) of the Illinois
Constitution. A home rule municipality to which this Section
applies must comply with every provision of this Section.
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07;
95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-978, eff.
1-1-09; revised 10-15-08.)
 
    (Text of Section after amendment by P.A. 95-958)
    Sec. 10-4-2.3. Required health benefits. If a
municipality, including a home rule municipality, is a
self-insurer for purposes of providing health insurance
coverage for its employees, the coverage shall include coverage
for the post-mastectomy care benefits required to be covered by
a policy of accident and health insurance under Section 356t
and the coverage required under Sections 356g.5, 356u, 356w,
356x, 356z.6, 356z.9, 356z.10, 356z.11, and 356z.12, and
356z.13 356z.11 of the Illinois Insurance Code. The requirement
that health benefits be covered as provided in this is an
exclusive power and function of the State and is a denial and
limitation under Article VII, Section 6, subsection (h) of the
Illinois Constitution. A home rule municipality to which this
Section applies must comply with every provision of this
Section.
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07;
95-520, eff. 8-28-07; 95-876, eff. 8-21-08; 95-958, eff.
6-1-09; 95-978, eff. 1-1-09; revised 10-15-08.)
 
    (65 ILCS 5/Art. 11 Div. 15.3 heading)
DIVISION 15.3. WIND FARMS

 
    (65 ILCS 5/11-74.4-3)  (from Ch. 24, par. 11-74.4-3)
    Sec. 11-74.4-3. Definitions. The following terms, wherever
used or referred to in this Division 74.4 shall have the
following respective meanings, unless in any case a different
meaning clearly appears from the context.
    (a) For any redevelopment project area that has been
designated pursuant to this Section by an ordinance adopted
prior to November 1, 1999 (the effective date of Public Act
91-478), "blighted area" shall have the meaning set forth in
this Section prior to that date.
    On and after November 1, 1999, "blighted area" means any
improved or vacant area within the boundaries of a
redevelopment project area located within the territorial
limits of the municipality where:
        (1) If improved, industrial, commercial, and
    residential buildings or improvements are detrimental to
    the public safety, health, or welfare because of a
    combination of 5 or more of the following factors, each of
    which is (i) present, with that presence documented, to a
    meaningful extent so that a municipality may reasonably
    find that the factor is clearly present within the intent
    of the Act and (ii) reasonably distributed throughout the
    improved part of the redevelopment project area:
            (A) Dilapidation. An advanced state of disrepair
        or neglect of necessary repairs to the primary
        structural components of buildings or improvements in
        such a combination that a documented building
        condition analysis determines that major repair is
        required or the defects are so serious and so extensive
        that the buildings must be removed.
            (B) Obsolescence. The condition or process of
        falling into disuse. Structures have become ill-suited
        for the original use.
            (C) Deterioration. With respect to buildings,
        defects including, but not limited to, major defects in
        the secondary building components such as doors,
        windows, porches, gutters and downspouts, and fascia.
        With respect to surface improvements, that the
        condition of roadways, alleys, curbs, gutters,
        sidewalks, off-street parking, and surface storage
        areas evidence deterioration, including, but not
        limited to, surface cracking, crumbling, potholes,
        depressions, loose paving material, and weeds
        protruding through paved surfaces.
            (D) Presence of structures below minimum code
        standards. All structures that do not meet the
        standards of zoning, subdivision, building, fire, and
        other governmental codes applicable to property, but
        not including housing and property maintenance codes.
            (E) Illegal use of individual structures. The use
        of structures in violation of applicable federal,
        State, or local laws, exclusive of those applicable to
        the presence of structures below minimum code
        standards.
            (F) Excessive vacancies. The presence of buildings
        that are unoccupied or under-utilized and that
        represent an adverse influence on the area because of
        the frequency, extent, or duration of the vacancies.
            (G) Lack of ventilation, light, or sanitary
        facilities. The absence of adequate ventilation for
        light or air circulation in spaces or rooms without
        windows, or that require the removal of dust, odor,
        gas, smoke, or other noxious airborne materials.
        Inadequate natural light and ventilation means the
        absence of skylights or windows for interior spaces or
        rooms and improper window sizes and amounts by room
        area to window area ratios. Inadequate sanitary
        facilities refers to the absence or inadequacy of
        garbage storage and enclosure, bathroom facilities,
        hot water and kitchens, and structural inadequacies
        preventing ingress and egress to and from all rooms and
        units within a building.
            (H) Inadequate utilities. Underground and overhead
        utilities such as storm sewers and storm drainage,
        sanitary sewers, water lines, and gas, telephone, and
        electrical services that are shown to be inadequate.
        Inadequate utilities are those that are: (i) of
        insufficient capacity to serve the uses in the
        redevelopment project area, (ii) deteriorated,
        antiquated, obsolete, or in disrepair, or (iii)
        lacking within the redevelopment project area.
            (I) Excessive land coverage and overcrowding of
        structures and community facilities. The
        over-intensive use of property and the crowding of
        buildings and accessory facilities onto a site.
        Examples of problem conditions warranting the
        designation of an area as one exhibiting excessive land
        coverage are: (i) the presence of buildings either
        improperly situated on parcels or located on parcels of
        inadequate size and shape in relation to present-day
        standards of development for health and safety and (ii)
        the presence of multiple buildings on a single parcel.
        For there to be a finding of excessive land coverage,
        these parcels must exhibit one or more of the following
        conditions: insufficient provision for light and air
        within or around buildings, increased threat of spread
        of fire due to the close proximity of buildings, lack
        of adequate or proper access to a public right-of-way,
        lack of reasonably required off-street parking, or
        inadequate provision for loading and service.
            (J) Deleterious land use or layout. The existence
        of incompatible land-use relationships, buildings
        occupied by inappropriate mixed-uses, or uses
        considered to be noxious, offensive, or unsuitable for
        the surrounding area.
            (K) Environmental clean-up. The proposed
        redevelopment project area has incurred Illinois
        Environmental Protection Agency or United States
        Environmental Protection Agency remediation costs for,
        or a study conducted by an independent consultant
        recognized as having expertise in environmental
        remediation has determined a need for, the clean-up of
        hazardous waste, hazardous substances, or underground
        storage tanks required by State or federal law,
        provided that the remediation costs constitute a
        material impediment to the development or
        redevelopment of the redevelopment project area.
            (L) Lack of community planning. The proposed
        redevelopment project area was developed prior to or
        without the benefit or guidance of a community plan.
        This means that the development occurred prior to the
        adoption by the municipality of a comprehensive or
        other community plan or that the plan was not followed
        at the time of the area's development. This factor must
        be documented by evidence of adverse or incompatible
        land-use relationships, inadequate street layout,
        improper subdivision, parcels of inadequate shape and
        size to meet contemporary development standards, or
        other evidence demonstrating an absence of effective
        community planning.
            (M) The total equalized assessed value of the
        proposed redevelopment project area has declined for 3
        of the last 5 calendar years prior to the year in which
        the redevelopment project area is designated or is
        increasing at an annual rate that is less than the
        balance of the municipality for 3 of the last 5
        calendar years for which information is available or is
        increasing at an annual rate that is less than the
        Consumer Price Index for All Urban Consumers published
        by the United States Department of Labor or successor
        agency for 3 of the last 5 calendar years prior to the
        year in which the redevelopment project area is
        designated.
        (2) If vacant, the sound growth of the redevelopment
    project area is impaired by a combination of 2 or more of
    the following factors, each of which is (i) present, with
    that presence documented, to a meaningful extent so that a
    municipality may reasonably find that the factor is clearly
    present within the intent of the Act and (ii) reasonably
    distributed throughout the vacant part of the
    redevelopment project area to which it pertains:
            (A) Obsolete platting of vacant land that results
        in parcels of limited or narrow size or configurations
        of parcels of irregular size or shape that would be
        difficult to develop on a planned basis and in a manner
        compatible with contemporary standards and
        requirements, or platting that failed to create
        rights-of-ways for streets or alleys or that created
        inadequate right-of-way widths for streets, alleys, or
        other public rights-of-way or that omitted easements
        for public utilities.
            (B) Diversity of ownership of parcels of vacant
        land sufficient in number to retard or impede the
        ability to assemble the land for development.
            (C) Tax and special assessment delinquencies exist
        or the property has been the subject of tax sales under
        the Property Tax Code within the last 5 years.
            (D) Deterioration of structures or site
        improvements in neighboring areas adjacent to the
        vacant land.
            (E) The area has incurred Illinois Environmental
        Protection Agency or United States Environmental
        Protection Agency remediation costs for, or a study
        conducted by an independent consultant recognized as
        having expertise in environmental remediation has
        determined a need for, the clean-up of hazardous waste,
        hazardous substances, or underground storage tanks
        required by State or federal law, provided that the
        remediation costs constitute a material impediment to
        the development or redevelopment of the redevelopment
        project area.
            (F) The total equalized assessed value of the
        proposed redevelopment project area has declined for 3
        of the last 5 calendar years prior to the year in which
        the redevelopment project area is designated or is
        increasing at an annual rate that is less than the
        balance of the municipality for 3 of the last 5
        calendar years for which information is available or is
        increasing at an annual rate that is less than the
        Consumer Price Index for All Urban Consumers published
        by the United States Department of Labor or successor
        agency for 3 of the last 5 calendar years prior to the
        year in which the redevelopment project area is
        designated.
        (3) If vacant, the sound growth of the redevelopment
    project area is impaired by one of the following factors
    that (i) is present, with that presence documented, to a
    meaningful extent so that a municipality may reasonably
    find that the factor is clearly present within the intent
    of the Act and (ii) is reasonably distributed throughout
    the vacant part of the redevelopment project area to which
    it pertains:
            (A) The area consists of one or more unused
        quarries, mines, or strip mine ponds.
            (B) The area consists of unused rail yards, rail
        tracks, or railroad rights-of-way.
            (C) The area, prior to its designation, is subject
        to (i) chronic flooding that adversely impacts on real
        property in the area as certified by a registered
        professional engineer or appropriate regulatory agency
        or (ii) surface water that discharges from all or a
        part of the area and contributes to flooding within the
        same watershed, but only if the redevelopment project
        provides for facilities or improvements to contribute
        to the alleviation of all or part of the flooding.
            (D) The area consists of an unused or illegal
        disposal site containing earth, stone, building
        debris, or similar materials that were removed from
        construction, demolition, excavation, or dredge sites.
            (E) Prior to November 1, 1999, the area is not less
        than 50 nor more than 100 acres and 75% of which is
        vacant (notwithstanding that the area has been used for
        commercial agricultural purposes within 5 years prior
        to the designation of the redevelopment project area),
        and the area meets at least one of the factors itemized
        in paragraph (1) of this subsection, the area has been
        designated as a town or village center by ordinance or
        comprehensive plan adopted prior to January 1, 1982,
        and the area has not been developed for that designated
        purpose.
            (F) The area qualified as a blighted improved area
        immediately prior to becoming vacant, unless there has
        been substantial private investment in the immediately
        surrounding area.
    (b) For any redevelopment project area that has been
designated pursuant to this Section by an ordinance adopted
prior to November 1, 1999 (the effective date of Public Act
91-478), "conservation area" shall have the meaning set forth
in this Section prior to that date.
    On and after November 1, 1999, "conservation area" means
any improved area within the boundaries of a redevelopment
project area located within the territorial limits of the
municipality in which 50% or more of the structures in the area
have an age of 35 years or more. Such an area is not yet a
blighted area but because of a combination of 3 or more of the
following factors is detrimental to the public safety, health,
morals or welfare and such an area may become a blighted area:
        (1) Dilapidation. An advanced state of disrepair or
    neglect of necessary repairs to the primary structural
    components of buildings or improvements in such a
    combination that a documented building condition analysis
    determines that major repair is required or the defects are
    so serious and so extensive that the buildings must be
    removed.
        (2) Obsolescence. The condition or process of falling
    into disuse. Structures have become ill-suited for the
    original use.
        (3) Deterioration. With respect to buildings, defects
    including, but not limited to, major defects in the
    secondary building components such as doors, windows,
    porches, gutters and downspouts, and fascia. With respect
    to surface improvements, that the condition of roadways,
    alleys, curbs, gutters, sidewalks, off-street parking, and
    surface storage areas evidence deterioration, including,
    but not limited to, surface cracking, crumbling, potholes,
    depressions, loose paving material, and weeds protruding
    through paved surfaces.
        (4) Presence of structures below minimum code
    standards. All structures that do not meet the standards of
    zoning, subdivision, building, fire, and other
    governmental codes applicable to property, but not
    including housing and property maintenance codes.
        (5) Illegal use of individual structures. The use of
    structures in violation of applicable federal, State, or
    local laws, exclusive of those applicable to the presence
    of structures below minimum code standards.
        (6) Excessive vacancies. The presence of buildings
    that are unoccupied or under-utilized and that represent an
    adverse influence on the area because of the frequency,
    extent, or duration of the vacancies.
        (7) Lack of ventilation, light, or sanitary
    facilities. The absence of adequate ventilation for light
    or air circulation in spaces or rooms without windows, or
    that require the removal of dust, odor, gas, smoke, or
    other noxious airborne materials. Inadequate natural light
    and ventilation means the absence or inadequacy of
    skylights or windows for interior spaces or rooms and
    improper window sizes and amounts by room area to window
    area ratios. Inadequate sanitary facilities refers to the
    absence or inadequacy of garbage storage and enclosure,
    bathroom facilities, hot water and kitchens, and
    structural inadequacies preventing ingress and egress to
    and from all rooms and units within a building.
        (8) Inadequate utilities. Underground and overhead
    utilities such as storm sewers and storm drainage, sanitary
    sewers, water lines, and gas, telephone, and electrical
    services that are shown to be inadequate. Inadequate
    utilities are those that are: (i) of insufficient capacity
    to serve the uses in the redevelopment project area, (ii)
    deteriorated, antiquated, obsolete, or in disrepair, or
    (iii) lacking within the redevelopment project area.
        (9) Excessive land coverage and overcrowding of
    structures and community facilities. The over-intensive
    use of property and the crowding of buildings and accessory
    facilities onto a site. Examples of problem conditions
    warranting the designation of an area as one exhibiting
    excessive land coverage are: the presence of buildings
    either improperly situated on parcels or located on parcels
    of inadequate size and shape in relation to present-day
    standards of development for health and safety and the
    presence of multiple buildings on a single parcel. For
    there to be a finding of excessive land coverage, these
    parcels must exhibit one or more of the following
    conditions: insufficient provision for light and air
    within or around buildings, increased threat of spread of
    fire due to the close proximity of buildings, lack of
    adequate or proper access to a public right-of-way, lack of
    reasonably required off-street parking, or inadequate
    provision for loading and service.
        (10) Deleterious land use or layout. The existence of
    incompatible land-use relationships, buildings occupied by
    inappropriate mixed-uses, or uses considered to be
    noxious, offensive, or unsuitable for the surrounding
    area.
        (11) Lack of community planning. The proposed
    redevelopment project area was developed prior to or
    without the benefit or guidance of a community plan. This
    means that the development occurred prior to the adoption
    by the municipality of a comprehensive or other community
    plan or that the plan was not followed at the time of the
    area's development. This factor must be documented by
    evidence of adverse or incompatible land-use
    relationships, inadequate street layout, improper
    subdivision, parcels of inadequate shape and size to meet
    contemporary development standards, or other evidence
    demonstrating an absence of effective community planning.
        (12) The area has incurred Illinois Environmental
    Protection Agency or United States Environmental
    Protection Agency remediation costs for, or a study
    conducted by an independent consultant recognized as
    having expertise in environmental remediation has
    determined a need for, the clean-up of hazardous waste,
    hazardous substances, or underground storage tanks
    required by State or federal law, provided that the
    remediation costs constitute a material impediment to the
    development or redevelopment of the redevelopment project
    area.
        (13) The total equalized assessed value of the proposed
    redevelopment project area has declined for 3 of the last 5
    calendar years for which information is available or is
    increasing at an annual rate that is less than the balance
    of the municipality for 3 of the last 5 calendar years for
    which information is available or is increasing at an
    annual rate that is less than the Consumer Price Index for
    All Urban Consumers published by the United States
    Department of Labor or successor agency for 3 of the last 5
    calendar years for which information is available.
    (c) "Industrial park" means an area in a blighted or
conservation area suitable for use by any manufacturing,
industrial, research or transportation enterprise, of
facilities to include but not be limited to factories, mills,
processing plants, assembly plants, packing plants,
fabricating plants, industrial distribution centers,
warehouses, repair overhaul or service facilities, freight
terminals, research facilities, test facilities or railroad
facilities.
    (d) "Industrial park conservation area" means an area
within the boundaries of a redevelopment project area located
within the territorial limits of a municipality that is a labor
surplus municipality or within 1 1/2 miles of the territorial
limits of a municipality that is a labor surplus municipality
if the area is annexed to the municipality; which area is zoned
as industrial no later than at the time the municipality by
ordinance designates the redevelopment project area, and which
area includes both vacant land suitable for use as an
industrial park and a blighted area or conservation area
contiguous to such vacant land.
    (e) "Labor surplus municipality" means a municipality in
which, at any time during the 6 months before the municipality
by ordinance designates an industrial park conservation area,
the unemployment rate was over 6% and was also 100% or more of
the national average unemployment rate for that same time as
published in the United States Department of Labor Bureau of
Labor Statistics publication entitled "The Employment
Situation" or its successor publication. For the purpose of
this subsection, if unemployment rate statistics for the
municipality are not available, the unemployment rate in the
municipality shall be deemed to be the same as the unemployment
rate in the principal county in which the municipality is
located.
    (f) "Municipality" shall mean a city, village,
incorporated town, or a township that is located in the
unincorporated portion of a county with 3 million or more
inhabitants, if the county adopted an ordinance that approved
the township's redevelopment plan.
    (g) "Initial Sales Tax Amounts" means the amount of taxes
paid under the Retailers' Occupation Tax Act, Use Tax Act,
Service Use Tax Act, the Service Occupation Tax Act, the
Municipal Retailers' Occupation Tax Act, and the Municipal
Service Occupation Tax Act by retailers and servicemen on
transactions at places located in a State Sales Tax Boundary
during the calendar year 1985.
    (g-1) "Revised Initial Sales Tax Amounts" means the amount
of taxes paid under the Retailers' Occupation Tax Act, Use Tax
Act, Service Use Tax Act, the Service Occupation Tax Act, the
Municipal Retailers' Occupation Tax Act, and the Municipal
Service Occupation Tax Act by retailers and servicemen on
transactions at places located within the State Sales Tax
Boundary revised pursuant to Section 11-74.4-8a(9) of this Act.
    (h) "Municipal Sales Tax Increment" means an amount equal
to the increase in the aggregate amount of taxes paid to a
municipality from the Local Government Tax Fund arising from
sales by retailers and servicemen within the redevelopment
project area or State Sales Tax Boundary, as the case may be,
for as long as the redevelopment project area or State Sales
Tax Boundary, as the case may be, exist over and above the
aggregate amount of taxes as certified by the Illinois
Department of Revenue and paid under the Municipal Retailers'
Occupation Tax Act and the Municipal Service Occupation Tax Act
by retailers and servicemen, on transactions at places of
business located in the redevelopment project area or State
Sales Tax Boundary, as the case may be, during the base year
which shall be the calendar year immediately prior to the year
in which the municipality adopted tax increment allocation
financing. For purposes of computing the aggregate amount of
such taxes for base years occurring prior to 1985, the
Department of Revenue shall determine the Initial Sales Tax
Amounts for such taxes and deduct therefrom an amount equal to
4% of the aggregate amount of taxes per year for each year the
base year is prior to 1985, but not to exceed a total deduction
of 12%. The amount so determined shall be known as the
"Adjusted Initial Sales Tax Amounts". For purposes of
determining the Municipal Sales Tax Increment, the Department
of Revenue shall for each period subtract from the amount paid
to the municipality from the Local Government Tax Fund arising
from sales by retailers and servicemen on transactions located
in the redevelopment project area or the State Sales Tax
Boundary, as the case may be, the certified Initial Sales Tax
Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
Initial Sales Tax Amounts for the Municipal Retailers'
Occupation Tax Act and the Municipal Service Occupation Tax
Act. For the State Fiscal Year 1989, this calculation shall be
made by utilizing the calendar year 1987 to determine the tax
amounts received. For the State Fiscal Year 1990, this
calculation shall be made by utilizing the period from January
1, 1988, until September 30, 1988, to determine the tax amounts
received from retailers and servicemen pursuant to the
Municipal Retailers' Occupation Tax and the Municipal Service
Occupation Tax Act, which shall have deducted therefrom
nine-twelfths of the certified Initial Sales Tax Amounts, the
Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
Tax Amounts as appropriate. For the State Fiscal Year 1991,
this calculation shall be made by utilizing the period from
October 1, 1988, to June 30, 1989, to determine the tax amounts
received from retailers and servicemen pursuant to the
Municipal Retailers' Occupation Tax and the Municipal Service
Occupation Tax Act which shall have deducted therefrom
nine-twelfths of the certified Initial Sales Tax Amounts,
Adjusted Initial Sales Tax Amounts or the Revised Initial Sales
Tax Amounts as appropriate. For every State Fiscal Year
thereafter, the applicable period shall be the 12 months
beginning July 1 and ending June 30 to determine the tax
amounts received which shall have deducted therefrom the
certified Initial Sales Tax Amounts, the Adjusted Initial Sales
Tax Amounts or the Revised Initial Sales Tax Amounts, as the
case may be.
    (i) "Net State Sales Tax Increment" means the sum of the
following: (a) 80% of the first $100,000 of State Sales Tax
Increment annually generated within a State Sales Tax Boundary;
(b) 60% of the amount in excess of $100,000 but not exceeding
$500,000 of State Sales Tax Increment annually generated within
a State Sales Tax Boundary; and (c) 40% of all amounts in
excess of $500,000 of State Sales Tax Increment annually
generated within a State Sales Tax Boundary. If, however, a
municipality established a tax increment financing district in
a county with a population in excess of 3,000,000 before
January 1, 1986, and the municipality entered into a contract
or issued bonds after January 1, 1986, but before December 31,
1986, to finance redevelopment project costs within a State
Sales Tax Boundary, then the Net State Sales Tax Increment
means, for the fiscal years beginning July 1, 1990, and July 1,
1991, 100% of the State Sales Tax Increment annually generated
within a State Sales Tax Boundary; and notwithstanding any
other provision of this Act, for those fiscal years the
Department of Revenue shall distribute to those municipalities
100% of their Net State Sales Tax Increment before any
distribution to any other municipality and regardless of
whether or not those other municipalities will receive 100% of
their Net State Sales Tax Increment. For Fiscal Year 1999, and
every year thereafter until the year 2007, for any municipality
that has not entered into a contract or has not issued bonds
prior to June 1, 1988 to finance redevelopment project costs
within a State Sales Tax Boundary, the Net State Sales Tax
Increment shall be calculated as follows: By multiplying the
Net State Sales Tax Increment by 90% in the State Fiscal Year
1999; 80% in the State Fiscal Year 2000; 70% in the State
Fiscal Year 2001; 60% in the State Fiscal Year 2002; 50% in the
State Fiscal Year 2003; 40% in the State Fiscal Year 2004; 30%
in the State Fiscal Year 2005; 20% in the State Fiscal Year
2006; and 10% in the State Fiscal Year 2007. No payment shall
be made for State Fiscal Year 2008 and thereafter.
    Municipalities that issued bonds in connection with a
redevelopment project in a redevelopment project area within
the State Sales Tax Boundary prior to July 29, 1991, or that
entered into contracts in connection with a redevelopment
project in a redevelopment project area before June 1, 1988,
shall continue to receive their proportional share of the
Illinois Tax Increment Fund distribution until the date on
which the redevelopment project is completed or terminated. If,
however, a municipality that issued bonds in connection with a
redevelopment project in a redevelopment project area within
the State Sales Tax Boundary prior to July 29, 1991 retires the
bonds prior to June 30, 2007 or a municipality that entered
into contracts in connection with a redevelopment project in a
redevelopment project area before June 1, 1988 completes the
contracts prior to June 30, 2007, then so long as the
redevelopment project is not completed or is not terminated,
the Net State Sales Tax Increment shall be calculated,
beginning on the date on which the bonds are retired or the
contracts are completed, as follows: By multiplying the Net
State Sales Tax Increment by 60% in the State Fiscal Year 2002;
50% in the State Fiscal Year 2003; 40% in the State Fiscal Year
2004; 30% in the State Fiscal Year 2005; 20% in the State
Fiscal Year 2006; and 10% in the State Fiscal Year 2007. No
payment shall be made for State Fiscal Year 2008 and
thereafter. Refunding of any bonds issued prior to July 29,
1991, shall not alter the Net State Sales Tax Increment.
    (j) "State Utility Tax Increment Amount" means an amount
equal to the aggregate increase in State electric and gas tax
charges imposed on owners and tenants, other than residential
customers, of properties located within the redevelopment
project area under Section 9-222 of the Public Utilities Act,
over and above the aggregate of such charges as certified by
the Department of Revenue and paid by owners and tenants, other
than residential customers, of properties within the
redevelopment project area during the base year, which shall be
the calendar year immediately prior to the year of the adoption
of the ordinance authorizing tax increment allocation
financing.
    (k) "Net State Utility Tax Increment" means the sum of the
following: (a) 80% of the first $100,000 of State Utility Tax
Increment annually generated by a redevelopment project area;
(b) 60% of the amount in excess of $100,000 but not exceeding
$500,000 of the State Utility Tax Increment annually generated
by a redevelopment project area; and (c) 40% of all amounts in
excess of $500,000 of State Utility Tax Increment annually
generated by a redevelopment project area. For the State Fiscal
Year 1999, and every year thereafter until the year 2007, for
any municipality that has not entered into a contract or has
not issued bonds prior to June 1, 1988 to finance redevelopment
project costs within a redevelopment project area, the Net
State Utility Tax Increment shall be calculated as follows: By
multiplying the Net State Utility Tax Increment by 90% in the
State Fiscal Year 1999; 80% in the State Fiscal Year 2000; 70%
in the State Fiscal Year 2001; 60% in the State Fiscal Year
2002; 50% in the State Fiscal Year 2003; 40% in the State
Fiscal Year 2004; 30% in the State Fiscal Year 2005; 20% in the
State Fiscal Year 2006; and 10% in the State Fiscal Year 2007.
No payment shall be made for the State Fiscal Year 2008 and
thereafter.
    Municipalities that issue bonds in connection with the
redevelopment project during the period from June 1, 1988 until
3 years after the effective date of this Amendatory Act of 1988
shall receive the Net State Utility Tax Increment, subject to
appropriation, for 15 State Fiscal Years after the issuance of
such bonds. For the 16th through the 20th State Fiscal Years
after issuance of the bonds, the Net State Utility Tax
Increment shall be calculated as follows: By multiplying the
Net State Utility Tax Increment by 90% in year 16; 80% in year
17; 70% in year 18; 60% in year 19; and 50% in year 20.
Refunding of any bonds issued prior to June 1, 1988, shall not
alter the revised Net State Utility Tax Increment payments set
forth above.
    (l) "Obligations" mean bonds, loans, debentures, notes,
special certificates or other evidence of indebtedness issued
by the municipality to carry out a redevelopment project or to
refund outstanding obligations.
    (m) "Payment in lieu of taxes" means those estimated tax
revenues from real property in a redevelopment project area
derived from real property that has been acquired by a
municipality which according to the redevelopment project or
plan is to be used for a private use which taxing districts
would have received had a municipality not acquired the real
property and adopted tax increment allocation financing and
which would result from levies made after the time of the
adoption of tax increment allocation financing to the time the
current equalized value of real property in the redevelopment
project area exceeds the total initial equalized value of real
property in said area.
    (n) "Redevelopment plan" means the comprehensive program
of the municipality for development or redevelopment intended
by the payment of redevelopment project costs to reduce or
eliminate those conditions the existence of which qualified the
redevelopment project area as a "blighted area" or
"conservation area" or combination thereof or "industrial park
conservation area," and thereby to enhance the tax bases of the
taxing districts which extend into the redevelopment project
area. On and after November 1, 1999 (the effective date of
Public Act 91-478), no redevelopment plan may be approved or
amended that includes the development of vacant land (i) with a
golf course and related clubhouse and other facilities or (ii)
designated by federal, State, county, or municipal government
as public land for outdoor recreational activities or for
nature preserves and used for that purpose within 5 years prior
to the adoption of the redevelopment plan. For the purpose of
this subsection, "recreational activities" is limited to mean
camping and hunting. Each redevelopment plan shall set forth in
writing the program to be undertaken to accomplish the
objectives and shall include but not be limited to:
        (A) an itemized list of estimated redevelopment
    project costs;
        (B) evidence indicating that the redevelopment project
    area on the whole has not been subject to growth and
    development through investment by private enterprise;
        (C) an assessment of any financial impact of the
    redevelopment project area on or any increased demand for
    services from any taxing district affected by the plan and
    any program to address such financial impact or increased
    demand;
        (D) the sources of funds to pay costs;
        (E) the nature and term of the obligations to be
    issued;
        (F) the most recent equalized assessed valuation of the
    redevelopment project area;
        (G) an estimate as to the equalized assessed valuation
    after redevelopment and the general land uses to apply in
    the redevelopment project area;
        (H) a commitment to fair employment practices and an
    affirmative action plan;
        (I) if it concerns an industrial park conservation
    area, the plan shall also include a general description of
    any proposed developer, user and tenant of any property, a
    description of the type, structure and general character of
    the facilities to be developed, a description of the type,
    class and number of new employees to be employed in the
    operation of the facilities to be developed; and
        (J) if property is to be annexed to the municipality,
    the plan shall include the terms of the annexation
    agreement.
    The provisions of items (B) and (C) of this subsection (n)
shall not apply to a municipality that before March 14, 1994
(the effective date of Public Act 88-537) had fixed, either by
its corporate authorities or by a commission designated under
subsection (k) of Section 11-74.4-4, a time and place for a
public hearing as required by subsection (a) of Section
11-74.4-5. No redevelopment plan shall be adopted unless a
municipality complies with all of the following requirements:
        (1) The municipality finds that the redevelopment
    project area on the whole has not been subject to growth
    and development through investment by private enterprise
    and would not reasonably be anticipated to be developed
    without the adoption of the redevelopment plan.
        (2) The municipality finds that the redevelopment plan
    and project conform to the comprehensive plan for the
    development of the municipality as a whole, or, for
    municipalities with a population of 100,000 or more,
    regardless of when the redevelopment plan and project was
    adopted, the redevelopment plan and project either: (i)
    conforms to the strategic economic development or
    redevelopment plan issued by the designated planning
    authority of the municipality, or (ii) includes land uses
    that have been approved by the planning commission of the
    municipality.
        (3) The redevelopment plan establishes the estimated
    dates of completion of the redevelopment project and
    retirement of obligations issued to finance redevelopment
    project costs. Those dates may not be later than the dates
    set forth under Section 11-74.4-3.5., or (DDD) (EEE), or
    (FFF), or (GGG), or (HHH), or (III), or (JJJ), (KKK), (LLL)
    (MMM), or (NNN) if the ordinance was adopted on December
    23, 1986 by the Village of Libertyville.
        A municipality may by municipal ordinance amend an
    existing redevelopment plan to conform to this paragraph
    (3) as amended by Public Act 91-478, which municipal
    ordinance may be adopted without further hearing or notice
    and without complying with the procedures provided in this
    Act pertaining to an amendment to or the initial approval
    of a redevelopment plan and project and designation of a
    redevelopment project area.
        (3.5) The municipality finds, in the case of an
    industrial park conservation area, also that the
    municipality is a labor surplus municipality and that the
    implementation of the redevelopment plan will reduce
    unemployment, create new jobs and by the provision of new
    facilities enhance the tax base of the taxing districts
    that extend into the redevelopment project area.
        (4) If any incremental revenues are being utilized
    under Section 8(a)(1) or 8(a)(2) of this Act in
    redevelopment project areas approved by ordinance after
    January 1, 1986, the municipality finds: (a) that the
    redevelopment project area would not reasonably be
    developed without the use of such incremental revenues, and
    (b) that such incremental revenues will be exclusively
    utilized for the development of the redevelopment project
    area.
        (5) If the redevelopment plan will not result in
    displacement of residents from 10 or more inhabited
    residential units, and the municipality certifies in the
    plan that such displacement will not result from the plan,
    a housing impact study need not be performed. If, however,
    the redevelopment plan would result in the displacement of
    residents from 10 or more inhabited residential units, or
    if the redevelopment project area contains 75 or more
    inhabited residential units and no certification is made,
    then the municipality shall prepare, as part of the
    separate feasibility report required by subsection (a) of
    Section 11-74.4-5, a housing impact study.
        Part I of the housing impact study shall include (i)
    data as to whether the residential units are single family
    or multi-family units, (ii) the number and type of rooms
    within the units, if that information is available, (iii)
    whether the units are inhabited or uninhabited, as
    determined not less than 45 days before the date that the
    ordinance or resolution required by subsection (a) of
    Section 11-74.4-5 is passed, and (iv) data as to the racial
    and ethnic composition of the residents in the inhabited
    residential units. The data requirement as to the racial
    and ethnic composition of the residents in the inhabited
    residential units shall be deemed to be fully satisfied by
    data from the most recent federal census.
        Part II of the housing impact study shall identify the
    inhabited residential units in the proposed redevelopment
    project area that are to be or may be removed. If inhabited
    residential units are to be removed, then the housing
    impact study shall identify (i) the number and location of
    those units that will or may be removed, (ii) the
    municipality's plans for relocation assistance for those
    residents in the proposed redevelopment project area whose
    residences are to be removed, (iii) the availability of
    replacement housing for those residents whose residences
    are to be removed, and shall identify the type, location,
    and cost of the housing, and (iv) the type and extent of
    relocation assistance to be provided.
        (6) On and after November 1, 1999, the housing impact
    study required by paragraph (5) shall be incorporated in
    the redevelopment plan for the redevelopment project area.
        (7) On and after November 1, 1999, no redevelopment
    plan shall be adopted, nor an existing plan amended, nor
    shall residential housing that is occupied by households of
    low-income and very low-income persons in currently
    existing redevelopment project areas be removed after
    November 1, 1999 unless the redevelopment plan provides,
    with respect to inhabited housing units that are to be
    removed for households of low-income and very low-income
    persons, affordable housing and relocation assistance not
    less than that which would be provided under the federal
    Uniform Relocation Assistance and Real Property
    Acquisition Policies Act of 1970 and the regulations under
    that Act, including the eligibility criteria. Affordable
    housing may be either existing or newly constructed
    housing. For purposes of this paragraph (7), "low-income
    households", "very low-income households", and "affordable
    housing" have the meanings set forth in the Illinois
    Affordable Housing Act. The municipality shall make a good
    faith effort to ensure that this affordable housing is
    located in or near the redevelopment project area within
    the municipality.
        (8) On and after November 1, 1999, if, after the
    adoption of the redevelopment plan for the redevelopment
    project area, any municipality desires to amend its
    redevelopment plan to remove more inhabited residential
    units than specified in its original redevelopment plan,
    that change shall be made in accordance with the procedures
    in subsection (c) of Section 11-74.4-5.
        (9) For redevelopment project areas designated prior
    to November 1, 1999, the redevelopment plan may be amended
    without further joint review board meeting or hearing,
    provided that the municipality shall give notice of any
    such changes by mail to each affected taxing district and
    registrant on the interested party registry, to authorize
    the municipality to expend tax increment revenues for
    redevelopment project costs defined by paragraphs (5) and
    (7.5), subparagraphs (E) and (F) of paragraph (11), and
    paragraph (11.5) of subsection (q) of Section 11-74.4-3, so
    long as the changes do not increase the total estimated
    redevelopment project costs set out in the redevelopment
    plan by more than 5% after adjustment for inflation from
    the date the plan was adopted.
    (o) "Redevelopment project" means any public and private
development project in furtherance of the objectives of a
redevelopment plan. On and after November 1, 1999 (the
effective date of Public Act 91-478), no redevelopment plan may
be approved or amended that includes the development of vacant
land (i) with a golf course and related clubhouse and other
facilities or (ii) designated by federal, State, county, or
municipal government as public land for outdoor recreational
activities or for nature preserves and used for that purpose
within 5 years prior to the adoption of the redevelopment plan.
For the purpose of this subsection, "recreational activities"
is limited to mean camping and hunting.
    (p) "Redevelopment project area" means an area designated
by the municipality, which is not less in the aggregate than 1
1/2 acres and in respect to which the municipality has made a
finding that there exist conditions which cause the area to be
classified as an industrial park conservation area or a
blighted area or a conservation area, or a combination of both
blighted areas and conservation areas.
    (q) "Redevelopment project costs" mean and include the sum
total of all reasonable or necessary costs incurred or
estimated to be incurred, and any such costs incidental to a
redevelopment plan and a redevelopment project. Such costs
include, without limitation, the following:
        (1) Costs of studies, surveys, development of plans,
    and specifications, implementation and administration of
    the redevelopment plan including but not limited to staff
    and professional service costs for architectural,
    engineering, legal, financial, planning or other services,
    provided however that no charges for professional services
    may be based on a percentage of the tax increment
    collected; except that on and after November 1, 1999 (the
    effective date of Public Act 91-478), no contracts for
    professional services, excluding architectural and
    engineering services, may be entered into if the terms of
    the contract extend beyond a period of 3 years. In
    addition, "redevelopment project costs" shall not include
    lobbying expenses. After consultation with the
    municipality, each tax increment consultant or advisor to a
    municipality that plans to designate or has designated a
    redevelopment project area shall inform the municipality
    in writing of any contracts that the consultant or advisor
    has entered into with entities or individuals that have
    received, or are receiving, payments financed by tax
    increment revenues produced by the redevelopment project
    area with respect to which the consultant or advisor has
    performed, or will be performing, service for the
    municipality. This requirement shall be satisfied by the
    consultant or advisor before the commencement of services
    for the municipality and thereafter whenever any other
    contracts with those individuals or entities are executed
    by the consultant or advisor;
        (1.5) After July 1, 1999, annual administrative costs
    shall not include general overhead or administrative costs
    of the municipality that would still have been incurred by
    the municipality if the municipality had not designated a
    redevelopment project area or approved a redevelopment
    plan;
        (1.6) The cost of marketing sites within the
    redevelopment project area to prospective businesses,
    developers, and investors;
        (2) Property assembly costs, including but not limited
    to acquisition of land and other property, real or
    personal, or rights or interests therein, demolition of
    buildings, site preparation, site improvements that serve
    as an engineered barrier addressing ground level or below
    ground environmental contamination, including, but not
    limited to parking lots and other concrete or asphalt
    barriers, and the clearing and grading of land;
        (3) Costs of rehabilitation, reconstruction or repair
    or remodeling of existing public or private buildings,
    fixtures, and leasehold improvements; and the cost of
    replacing an existing public building if pursuant to the
    implementation of a redevelopment project the existing
    public building is to be demolished to use the site for
    private investment or devoted to a different use requiring
    private investment;
        (4) Costs of the construction of public works or
    improvements, except that on and after November 1, 1999,
    redevelopment project costs shall not include the cost of
    constructing a new municipal public building principally
    used to provide offices, storage space, or conference
    facilities or vehicle storage, maintenance, or repair for
    administrative, public safety, or public works personnel
    and that is not intended to replace an existing public
    building as provided under paragraph (3) of subsection (q)
    of Section 11-74.4-3 unless either (i) the construction of
    the new municipal building implements a redevelopment
    project that was included in a redevelopment plan that was
    adopted by the municipality prior to November 1, 1999 or
    (ii) the municipality makes a reasonable determination in
    the redevelopment plan, supported by information that
    provides the basis for that determination, that the new
    municipal building is required to meet an increase in the
    need for public safety purposes anticipated to result from
    the implementation of the redevelopment plan;
        (5) Costs of job training and retraining projects,
    including the cost of "welfare to work" programs
    implemented by businesses located within the redevelopment
    project area;
        (6) Financing costs, including but not limited to all
    necessary and incidental expenses related to the issuance
    of obligations and which may include payment of interest on
    any obligations issued hereunder including interest
    accruing during the estimated period of construction of any
    redevelopment project for which such obligations are
    issued and for not exceeding 36 months thereafter and
    including reasonable reserves related thereto;
        (7) To the extent the municipality by written agreement
    accepts and approves the same, all or a portion of a taxing
    district's capital costs resulting from the redevelopment
    project necessarily incurred or to be incurred within a
    taxing district in furtherance of the objectives of the
    redevelopment plan and project.
        (7.5) For redevelopment project areas designated (or
    redevelopment project areas amended to add or increase the
    number of tax-increment-financing assisted housing units)
    on or after November 1, 1999, an elementary, secondary, or
    unit school district's increased costs attributable to
    assisted housing units located within the redevelopment
    project area for which the developer or redeveloper
    receives financial assistance through an agreement with
    the municipality or because the municipality incurs the
    cost of necessary infrastructure improvements within the
    boundaries of the assisted housing sites necessary for the
    completion of that housing as authorized by this Act, and
    which costs shall be paid by the municipality from the
    Special Tax Allocation Fund when the tax increment revenue
    is received as a result of the assisted housing units and
    shall be calculated annually as follows:
            (A) for foundation districts, excluding any school
        district in a municipality with a population in excess
        of 1,000,000, by multiplying the district's increase
        in attendance resulting from the net increase in new
        students enrolled in that school district who reside in
        housing units within the redevelopment project area
        that have received financial assistance through an
        agreement with the municipality or because the
        municipality incurs the cost of necessary
        infrastructure improvements within the boundaries of
        the housing sites necessary for the completion of that
        housing as authorized by this Act since the designation
        of the redevelopment project area by the most recently
        available per capita tuition cost as defined in Section
        10-20.12a of the School Code less any increase in
        general State aid as defined in Section 18-8.05 of the
        School Code attributable to these added new students
        subject to the following annual limitations:
                (i) for unit school districts with a district
            average 1995-96 Per Capita Tuition Charge of less
            than $5,900, no more than 25% of the total amount
            of property tax increment revenue produced by
            those housing units that have received tax
            increment finance assistance under this Act;
                (ii) for elementary school districts with a
            district average 1995-96 Per Capita Tuition Charge
            of less than $5,900, no more than 17% of the total
            amount of property tax increment revenue produced
            by those housing units that have received tax
            increment finance assistance under this Act; and
                (iii) for secondary school districts with a
            district average 1995-96 Per Capita Tuition Charge
            of less than $5,900, no more than 8% of the total
            amount of property tax increment revenue produced
            by those housing units that have received tax
            increment finance assistance under this Act.
            (B) For alternate method districts, flat grant
        districts, and foundation districts with a district
        average 1995-96 Per Capita Tuition Charge equal to or
        more than $5,900, excluding any school district with a
        population in excess of 1,000,000, by multiplying the
        district's increase in attendance resulting from the
        net increase in new students enrolled in that school
        district who reside in housing units within the
        redevelopment project area that have received
        financial assistance through an agreement with the
        municipality or because the municipality incurs the
        cost of necessary infrastructure improvements within
        the boundaries of the housing sites necessary for the
        completion of that housing as authorized by this Act
        since the designation of the redevelopment project
        area by the most recently available per capita tuition
        cost as defined in Section 10-20.12a of the School Code
        less any increase in general state aid as defined in
        Section 18-8.05 of the School Code attributable to
        these added new students subject to the following
        annual limitations:
                (i) for unit school districts, no more than 40%
            of the total amount of property tax increment
            revenue produced by those housing units that have
            received tax increment finance assistance under
            this Act;
                (ii) for elementary school districts, no more
            than 27% of the total amount of property tax
            increment revenue produced by those housing units
            that have received tax increment finance
            assistance under this Act; and
                (iii) for secondary school districts, no more
            than 13% of the total amount of property tax
            increment revenue produced by those housing units
            that have received tax increment finance
            assistance under this Act.
            (C) For any school district in a municipality with
        a population in excess of 1,000,000, the following
        restrictions shall apply to the reimbursement of
        increased costs under this paragraph (7.5):
                (i) no increased costs shall be reimbursed
            unless the school district certifies that each of
            the schools affected by the assisted housing
            project is at or over its student capacity;
                (ii) the amount reimbursable shall be reduced
            by the value of any land donated to the school
            district by the municipality or developer, and by
            the value of any physical improvements made to the
            schools by the municipality or developer; and
                (iii) the amount reimbursed may not affect
            amounts otherwise obligated by the terms of any
            bonds, notes, or other funding instruments, or the
            terms of any redevelopment agreement.
        Any school district seeking payment under this
        paragraph (7.5) shall, after July 1 and before
        September 30 of each year, provide the municipality
        with reasonable evidence to support its claim for
        reimbursement before the municipality shall be
        required to approve or make the payment to the school
        district. If the school district fails to provide the
        information during this period in any year, it shall
        forfeit any claim to reimbursement for that year.
        School districts may adopt a resolution waiving the
        right to all or a portion of the reimbursement
        otherwise required by this paragraph (7.5). By
        acceptance of this reimbursement the school district
        waives the right to directly or indirectly set aside,
        modify, or contest in any manner the establishment of
        the redevelopment project area or projects;
        (7.7) For redevelopment project areas designated (or
    redevelopment project areas amended to add or increase the
    number of tax-increment-financing assisted housing units)
    on or after January 1, 2005 (the effective date of Public
    Act 93-961), a public library district's increased costs
    attributable to assisted housing units located within the
    redevelopment project area for which the developer or
    redeveloper receives financial assistance through an
    agreement with the municipality or because the
    municipality incurs the cost of necessary infrastructure
    improvements within the boundaries of the assisted housing
    sites necessary for the completion of that housing as
    authorized by this Act shall be paid to the library
    district by the municipality from the Special Tax
    Allocation Fund when the tax increment revenue is received
    as a result of the assisted housing units. This paragraph
    (7.7) applies only if (i) the library district is located
    in a county that is subject to the Property Tax Extension
    Limitation Law or (ii) the library district is not located
    in a county that is subject to the Property Tax Extension
    Limitation Law but the district is prohibited by any other
    law from increasing its tax levy rate without a prior voter
    referendum.
        The amount paid to a library district under this
    paragraph (7.7) shall be calculated by multiplying (i) the
    net increase in the number of persons eligible to obtain a
    library card in that district who reside in housing units
    within the redevelopment project area that have received
    financial assistance through an agreement with the
    municipality or because the municipality incurs the cost of
    necessary infrastructure improvements within the
    boundaries of the housing sites necessary for the
    completion of that housing as authorized by this Act since
    the designation of the redevelopment project area by (ii)
    the per-patron cost of providing library services so long
    as it does not exceed $120. The per-patron cost shall be
    the Total Operating Expenditures Per Capita as stated in
    the most recent Illinois Public Library Statistics
    produced by the Library Research Center at the University
    of Illinois. The municipality may deduct from the amount
    that it must pay to a library district under this paragraph
    any amount that it has voluntarily paid to the library
    district from the tax increment revenue. The amount paid to
    a library district under this paragraph (7.7) shall be no
    more than 2% of the amount produced by the assisted housing
    units and deposited into the Special Tax Allocation Fund.
        A library district is not eligible for any payment
    under this paragraph (7.7) unless the library district has
    experienced an increase in the number of patrons from the
    municipality that created the tax-increment-financing
    district since the designation of the redevelopment
    project area.
        Any library district seeking payment under this
    paragraph (7.7) shall, after July 1 and before September 30
    of each year, provide the municipality with convincing
    evidence to support its claim for reimbursement before the
    municipality shall be required to approve or make the
    payment to the library district. If the library district
    fails to provide the information during this period in any
    year, it shall forfeit any claim to reimbursement for that
    year. Library districts may adopt a resolution waiving the
    right to all or a portion of the reimbursement otherwise
    required by this paragraph (7.7). By acceptance of such
    reimbursement, the library district shall forfeit any
    right to directly or indirectly set aside, modify, or
    contest in any manner whatsoever the establishment of the
    redevelopment project area or projects;
        (8) Relocation costs to the extent that a municipality
    determines that relocation costs shall be paid or is
    required to make payment of relocation costs by federal or
    State law or in order to satisfy subparagraph (7) of
    subsection (n);
        (9) Payment in lieu of taxes;
        (10) Costs of job training, retraining, advanced
    vocational education 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, provided that such costs
    (i) are related to the 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 a redevelopment project
    area; and (ii) when incurred by a taxing district or taxing
    districts other than the municipality, are set forth in a
    written agreement by or among the municipality and the
    taxing district or taxing districts, which agreement
    describes the program to be undertaken, including but not
    limited to 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 for the same, and the term of the agreement.
    Such 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 10-22.20a
    and 10-23.3a of The School Code;
        (11) Interest cost incurred by a redeveloper related to
    the construction, renovation or rehabilitation of a
    redevelopment project provided that:
            (A) such costs are to be paid directly from the
        special tax allocation fund established pursuant to
        this Act;
            (B) such payments in any one year may not exceed
        30% of the annual interest costs incurred by the
        redeveloper with regard to the redevelopment project
        during that year;
            (C) if there are not sufficient funds available in
        the special tax allocation fund to make the payment
        pursuant to this paragraph (11) then the amounts so due
        shall accrue and be payable when sufficient funds are
        available in the special tax allocation fund;
            (D) the total of such interest payments paid
        pursuant to this Act may not exceed 30% of the total
        (i) cost paid or incurred by the redeveloper for the
        redevelopment project plus (ii) redevelopment project
        costs excluding any property assembly costs and any
        relocation costs incurred by a municipality pursuant
        to this Act; and
            (E) the cost limits set forth in subparagraphs (B)
        and (D) of paragraph (11) shall be modified for the
        financing of rehabilitated or new housing units for
        low-income households and very low-income households,
        as defined in Section 3 of the Illinois Affordable
        Housing Act. The percentage of 75% shall be substituted
        for 30% in subparagraphs (B) and (D) of paragraph (11).
            (F) Instead of the eligible costs provided by
        subparagraphs (B) and (D) of paragraph (11), as
        modified by this subparagraph, and notwithstanding any
        other provisions of this Act to the contrary, the
        municipality may pay from tax increment revenues up to
        50% of the cost of construction of new housing units to
        be occupied by low-income households and very
        low-income households as defined in Section 3 of the
        Illinois Affordable Housing Act. The cost of
        construction of those units may be derived from the
        proceeds of bonds issued by the municipality under this
        Act or other constitutional or statutory authority or
        from other sources of municipal revenue that may be
        reimbursed from tax increment revenues or the proceeds
        of bonds issued to finance the construction of that
        housing.
            The eligible costs provided under this
        subparagraph (F) of paragraph (11) shall be an eligible
        cost for the construction, renovation, and
        rehabilitation of all low and very low-income housing
        units, as defined in Section 3 of the Illinois
        Affordable Housing Act, within the redevelopment
        project area. If the low and very low-income units are
        part of a residential redevelopment project that
        includes units not affordable to low and very
        low-income households, only the low and very
        low-income units shall be eligible for benefits under
        subparagraph (F) of paragraph (11). The standards for
        maintaining the occupancy by low-income households and
        very low-income households, as defined in Section 3 of
        the Illinois Affordable Housing Act, of those units
        constructed with eligible costs made available under
        the provisions of this subparagraph (F) of paragraph
        (11) shall be established by guidelines adopted by the
        municipality. The responsibility for annually
        documenting the initial occupancy of the units by
        low-income households and very low-income households,
        as defined in Section 3 of the Illinois Affordable
        Housing Act, shall be that of the then current owner of
        the property. For ownership units, the guidelines will
        provide, at a minimum, for a reasonable recapture of
        funds, or other appropriate methods designed to
        preserve the original affordability of the ownership
        units. For rental units, the guidelines will provide,
        at a minimum, for the affordability of rent to low and
        very low-income households. As units become available,
        they shall be rented to income-eligible tenants. The
        municipality may modify these guidelines from time to
        time; the guidelines, however, shall be in effect for
        as long as tax increment revenue is being used to pay
        for costs associated with the units or for the
        retirement of bonds issued to finance the units or for
        the life of the redevelopment project area, whichever
        is later.
        (11.5) If the redevelopment project area is located
    within a municipality with a population of more than
    100,000, the cost of day care services for children of
    employees from low-income families working for businesses
    located within the redevelopment project area and all or a
    portion of the cost of operation of day care centers
    established by redevelopment project area businesses to
    serve employees from low-income families working in
    businesses located in the redevelopment project area. For
    the purposes of this paragraph, "low-income families"
    means families whose annual income does not exceed 80% of
    the municipal, county, or regional median income, adjusted
    for family size, as the annual income and municipal,
    county, or regional median income are determined from time
    to time by the United States Department of Housing and
    Urban Development.
        (12) Unless explicitly stated herein the cost of
    construction of new privately-owned buildings shall not be
    an eligible redevelopment project cost.
        (13) After November 1, 1999 (the effective date of
    Public Act 91-478), none of the redevelopment project costs
    enumerated in this subsection shall be eligible
    redevelopment project costs if those costs would provide
    direct financial support to a retail entity initiating
    operations in the redevelopment project area while
    terminating operations at another Illinois location within
    10 miles of the redevelopment project area but outside the
    boundaries of the redevelopment project area municipality.
    For purposes of this paragraph, termination means a closing
    of a retail operation that is directly related to the
    opening of the same operation or like retail entity owned
    or operated by more than 50% of the original ownership in a
    redevelopment project area, but it does not mean closing an
    operation for reasons beyond the control of the retail
    entity, as documented by the retail entity, subject to a
    reasonable finding by the municipality that the current
    location contained inadequate space, had become
    economically obsolete, or was no longer a viable location
    for the retailer or serviceman.
        (14) No cost shall be a redevelopment project cost in a
    redevelopment project area if used to demolish, remove, or
    substantially modify a historic resource, after August 26,
    2008 (the effective date of Public Act 95-934) this
    amendatory Act of the 95th General Assembly, unless no
    prudent and feasible alternative exists. "Historic
    resource" for the purpose of this item (14) means (i) a
    place or structure that is included or eligible for
    inclusion on the National Register of Historic Places or
    (ii) a contributing structure in a district on the National
    Register of Historic Places. This item (14) does not apply
    to a place or structure for which demolition, removal, or
    modification is subject to review by the preservation
    agency of a Certified Local Government designated as such
    by the National Park Service of the United States
    Department of the Interior.
    If a special service area has been established pursuant to
the Special Service Area Tax Act or Special Service Area Tax
Law, then any tax increment revenues derived from the tax
imposed pursuant to the Special Service Area Tax Act or Special
Service Area Tax Law may be used within the redevelopment
project area for the purposes permitted by that Act or Law as
well as the purposes permitted by this Act.
    (r) "State Sales Tax Boundary" means the redevelopment
project area or the amended redevelopment project area
boundaries which are determined pursuant to subsection (9) of
Section 11-74.4-8a of this Act. The Department of Revenue shall
certify pursuant to subsection (9) of Section 11-74.4-8a the
appropriate boundaries eligible for the determination of State
Sales Tax Increment.
    (s) "State Sales Tax Increment" means an amount equal to
the increase in the aggregate amount of taxes paid by retailers
and servicemen, other than retailers and servicemen subject to
the Public Utilities Act, on transactions at places of business
located within a State Sales Tax Boundary pursuant to the
Retailers' Occupation Tax Act, the Use Tax Act, the Service Use
Tax Act, and the Service Occupation Tax Act, except such
portion of such increase that is paid into the State and Local
Sales Tax Reform Fund, the Local Government Distributive Fund,
the Local Government Tax Fund and the County and Mass Transit
District Fund, for as long as State participation exists, over
and above the Initial Sales Tax Amounts, Adjusted Initial Sales
Tax Amounts or the Revised Initial Sales Tax Amounts for such
taxes as certified by the Department of Revenue and paid under
those Acts by retailers and servicemen on transactions at
places of business located within the State Sales Tax Boundary
during the base year which shall be the calendar year
immediately prior to the year in which the municipality adopted
tax increment allocation financing, less 3.0% of such amounts
generated under the Retailers' Occupation Tax Act, Use Tax Act
and Service Use Tax Act and the Service Occupation Tax Act,
which sum shall be appropriated to the Department of Revenue to
cover its costs of administering and enforcing this Section.
For purposes of computing the aggregate amount of such taxes
for base years occurring prior to 1985, the Department of
Revenue shall compute the Initial Sales Tax Amount for such
taxes and deduct therefrom an amount equal to 4% of the
aggregate amount of taxes per year for each year the base year
is prior to 1985, but not to exceed a total deduction of 12%.
The amount so determined shall be known as the "Adjusted
Initial Sales Tax Amount". For purposes of determining the
State Sales Tax Increment the Department of Revenue shall for
each period subtract from the tax amounts received from
retailers and servicemen on transactions located in the State
Sales Tax Boundary, the certified Initial Sales Tax Amounts,
Adjusted Initial Sales Tax Amounts or Revised Initial Sales Tax
Amounts for the Retailers' Occupation Tax Act, the Use Tax Act,
the Service Use Tax Act and the Service Occupation Tax Act. For
the State Fiscal Year 1989 this calculation shall be made by
utilizing the calendar year 1987 to determine the tax amounts
received. For the State Fiscal Year 1990, this calculation
shall be made by utilizing the period from January 1, 1988,
until September 30, 1988, to determine the tax amounts received
from retailers and servicemen, which shall have deducted
therefrom nine-twelfths of the certified Initial Sales Tax
Amounts, Adjusted Initial Sales Tax Amounts or the Revised
Initial Sales Tax Amounts as appropriate. For the State Fiscal
Year 1991, this calculation shall be made by utilizing the
period from October 1, 1988, until June 30, 1989, to determine
the tax amounts received from retailers and servicemen, which
shall have deducted therefrom nine-twelfths of the certified
Initial State Sales Tax Amounts, Adjusted Initial Sales Tax
Amounts or the Revised Initial Sales Tax Amounts as
appropriate. For every State Fiscal Year thereafter, the
applicable period shall be the 12 months beginning July 1 and
ending on June 30, to determine the tax amounts received which
shall have deducted therefrom the certified Initial Sales Tax
Amounts, Adjusted Initial Sales Tax Amounts or the Revised
Initial Sales Tax Amounts. Municipalities intending to receive
a distribution of State Sales Tax Increment must report a list
of retailers to the Department of Revenue by October 31, 1988
and by July 31, of each year thereafter.
    (t) "Taxing districts" means counties, townships, cities
and incorporated towns and villages, school, road, park,
sanitary, mosquito abatement, forest preserve, public health,
fire protection, river conservancy, tuberculosis sanitarium
and any other municipal corporations or districts with the
power to levy taxes.
    (u) "Taxing districts' capital costs" means those costs of
taxing districts for capital improvements that are found by the
municipal corporate authorities to be necessary and directly
result from the redevelopment project.
    (v) As used in subsection (a) of Section 11-74.4-3 of this
Act, "vacant land" means any parcel or combination of parcels
of real property without industrial, commercial, and
residential buildings which has not been used for commercial
agricultural purposes within 5 years prior to the designation
of the redevelopment project area, unless the parcel is
included in an industrial park conservation area or the parcel
has been subdivided; provided that if the parcel was part of a
larger tract that has been divided into 3 or more smaller
tracts that were accepted for recording during the period from
1950 to 1990, then the parcel shall be deemed to have been
subdivided, and all proceedings and actions of the municipality
taken in that connection with respect to any previously
approved or designated redevelopment project area or amended
redevelopment project area are hereby validated and hereby
declared to be legally sufficient for all purposes of this Act.
For purposes of this Section and only for land subject to the
subdivision requirements of the Plat Act, land is subdivided
when the original plat of the proposed Redevelopment Project
Area or relevant portion thereof has been properly certified,
acknowledged, approved, and recorded or filed in accordance
with the Plat Act and a preliminary plat, if any, for any
subsequent phases of the proposed Redevelopment Project Area or
relevant portion thereof has been properly approved and filed
in accordance with the applicable ordinance of the
municipality.
    (w) "Annual Total Increment" means the sum of each
municipality's annual Net Sales Tax Increment and each
municipality's annual Net Utility Tax Increment. The ratio of
the Annual Total Increment of each municipality to the Annual
Total Increment for all municipalities, as most recently
calculated by the Department, shall determine the proportional
shares of the Illinois Tax Increment Fund to be distributed to
each municipality.
(Source: P.A. 94-260, eff. 7-19-05; 94-268, eff. 7-19-05;
94-297, eff. 7-21-05; 94-302, eff. 7-21-05; 94-702, eff.
6-1-06; 94-704, eff. 12-5-05; 94-711, eff. 6-1-06; 94-778, eff.
5-19-06; 94-782, eff. 5-19-06; 94-783, eff. 5-19-06; 94-810,
eff. 5-26-06; 94-903, eff. 6-22-06; 94-1091, eff. 1-26-07;
94-1092, eff. 1-26-07; 95-15, eff. 7-16-07; 95-164, eff.
1-1-08; 95-331, eff. 8-21-07; 95-346, eff. 8-21-07; 95-459,
eff. 8-27-07; 95-653, eff. 1-1-08; 95-662, eff. 10-11-07;
95-683, eff. 10-19-07; 95-709, eff. 1-29-08; 95-876, eff.
8-21-08; 95-932, eff. 8-26-08; 95-934, eff. 8-26-08; 95-964,
eff. 9-23-08; 95-977, eff. 9-22-08; revised 10-16-08.)
 
    (65 ILCS 5/11-74.4-3.5)
    Sec. 11-74.4-3.5. Completion dates for redevelopment
projects.
    (a) Unless otherwise stated in this Section, the estimated
dates of completion of the redevelopment project and retirement
of obligations issued to finance redevelopment project costs
(including refunding bonds under Section 11-74.4-7) may not be
later than December 31 of the year in which the payment to the
municipal treasurer, as provided in subsection (b) of Section
11-74.4-8 of this Act, is to be made with respect to ad valorem
taxes levied in the 23rd calendar year after the year in which
the ordinance approving the redevelopment project area was
adopted if the ordinance was adopted on or after January 15,
1981.
    (b) The estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may not be later than December 31 of the
year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is
to be made with respect to ad valorem taxes levied in the 33rd
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted, if the ordinance
was adopted on May 20, 1985 by the Village of Wheeling.
    (c) The estimated dates of completion of the redevelopment
project and retirement of obligations issued to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may not be later than December 31 of the
year in which the payment to the municipal treasurer as
provided in subsection (b) of Section 11-74.4-8 of this Act is
to be made with respect to ad valorem taxes levied in the 35th
calendar year after the year in which the ordinance approving
the redevelopment project area was adopted:
        (1) if the ordinance was adopted before January 15,
    1981;
        (2) if the ordinance was adopted in December 1983,
    April 1984, July 1985, or December 1989;
        (3) if the ordinance was adopted in December 1987 and
    the redevelopment project is located within one mile of
    Midway Airport;
        (4) if the ordinance was adopted before January 1, 1987
    by a municipality in Mason County;
        (5) if the municipality is subject to the Local
    Government Financial Planning and Supervision Act or the
    Financially Distressed City Law;
        (6) if the ordinance was adopted in December 1984 by
    the Village of Rosemont;
        (7) if the ordinance was adopted on December 31, 1986
    by a municipality located in Clinton County for which at
    least $250,000 of tax increment bonds were authorized on
    June 17, 1997, or if the ordinance was adopted on December
    31, 1986 by a municipality with a population in 1990 of
    less than 3,600 that is located in a county with a
    population in 1990 of less than 34,000 and for which at
    least $250,000 of tax increment bonds were authorized on
    June 17, 1997;
        (8) if the ordinance was adopted on October 5, 1982 by
    the City of Kankakee, or if the ordinance was adopted on
    December 29, 1986 by East St. Louis;
        (9) if the ordinance was adopted on November 12, 1991
    by the Village of Sauget;
        (10) if the ordinance was adopted on February 11, 1985
    by the City of Rock Island;
        (11) if the ordinance was adopted before December 18,
    1986 by the City of Moline;
        (12) if the ordinance was adopted in September 1988 by
    Sauk Village;
        (13) if the ordinance was adopted in October 1993 by
    Sauk Village;
        (14) if the ordinance was adopted on December 29, 1986
    by the City of Galva;
        (15) if the ordinance was adopted in March 1991 by the
    City of Centreville;
        (16) if the ordinance was adopted on January 23, 1991
    by the City of East St. Louis;
        (17) if the ordinance was adopted on December 22, 1986
    by the City of Aledo;
        (18) if the ordinance was adopted on February 5, 1990
    by the City of Clinton;
        (19) if the ordinance was adopted on September 6, 1994
    by the City of Freeport;
        (20) if the ordinance was adopted on December 22, 1986
    by the City of Tuscola;
        (21) if the ordinance was adopted on December 23, 1986
    by the City of Sparta;
        (22) if the ordinance was adopted on December 23, 1986
    by the City of Beardstown;
        (23) if the ordinance was adopted on April 27, 1981,
    October 21, 1985, or December 30, 1986 by the City of
    Belleville;
        (24) if the ordinance was adopted on December 29, 1986
    by the City of Collinsville;
        (25) if the ordinance was adopted on September 14, 1994
    by the City of Alton;
        (26) if the ordinance was adopted on November 11, 1996
    by the City of Lexington;
        (27) if the ordinance was adopted on November 5, 1984
    by the City of LeRoy;
        (28) if the ordinance was adopted on April 3, 1991 or
    June 3, 1992 by the City of Markham;
        (29) if the ordinance was adopted on November 11, 1986
    by the City of Pekin;
        (30) if the ordinance was adopted on December 15, 1981
    by the City of Champaign;
        (31) if the ordinance was adopted on December 15, 1986
    by the City of Urbana;
        (32) if the ordinance was adopted on December 15, 1986
    by the Village of Heyworth;
        (33) if the ordinance was adopted on February 24, 1992
    by the Village of Heyworth;
        (34) if the ordinance was adopted on March 16, 1995 by
    the Village of Heyworth;
        (35) if the ordinance was adopted on December 23, 1986
    by the Town of Cicero;
        (36) if the ordinance was adopted on December 30, 1986
    by the City of Effingham;
        (37) if the ordinance was adopted on May 9, 1991 by the
    Village of Tilton;
        (38) if the ordinance was adopted on October 20, 1986
    by the City of Elmhurst;
        (39) if the ordinance was adopted on January 19, 1988
    by the City of Waukegan;
        (40) if the ordinance was adopted on September 21, 1998
    by the City of Waukegan;
        (41) if the ordinance was adopted on December 31, 1986
    by the City of Sullivan;
        (42) if the ordinance was adopted on December 23, 1991
    by the City of Sullivan;
        (43) if the ordinance was adopted on December 31, 1986
    by the City of Oglesby;
        (44) if the ordinance was adopted on July 28, 1987 by
    the City of Marion;
        (45) if the ordinance was adopted on April 23, 1990 by
    the City of Marion;
        (46) if the ordinance was adopted on August 20, 1985 by
    the Village of Mount Prospect;
        (47) if the ordinance was adopted on February 2, 1998
    by the Village of Woodhull;
        (48) if the ordinance was adopted on April 20, 1993 by
    the Village of Princeville;
        (49) if the ordinance was adopted on July 1, 1986 by
    the City of Granite City;
        (50) if the ordinance was adopted on February 2, 1989
    by the Village of Lombard;
        (51) if the ordinance was adopted on December 29, 1986
    by the Village of Gardner;
        (52) if the ordinance was adopted on July 14, 1999 by
    the Village of Paw Paw;
        (53) if the ordinance was adopted on November 17, 1986
    by the Village of Franklin Park;
        (54) if the ordinance was adopted on November 20, 1989
    by the Village of South Holland;
        (55) if the ordinance was adopted on July 14, 1992 by
    the Village of Riverdale;
        (56) if the ordinance was adopted on December 29, 1986
    by the City of Galesburg;
        (57) if the ordinance was adopted on April 1, 1985 by
    the City of Galesburg;
        (58) if the ordinance was adopted on May 21, 1990 by
    the City of West Chicago;
        (59) if the ordinance was adopted on December 16, 1986
    by the City of Oak Forest;
        (60) if the ordinance was adopted in 1999 by the City
    of Villa Grove;
        (61) if the ordinance was adopted on January 13, 1987
    by the Village of Mt. Zion;
        (62) if the ordinance was adopted on December 30, 1986
    by the Village of Manteno;
        (63) if the ordinance was adopted on April 3, 1989 by
    the City of Chicago Heights;
        (64) if the ordinance was adopted on January 6, 1999 by
    the Village of Rosemont;
        (65) if the ordinance was adopted on December 19, 2000
    by the Village of Stone Park;
        (66) if the ordinance was adopted on December 22, 1986
    by the City of DeKalb; or
        (67) if the ordinance was adopted on December 2, 1986
    by the City of Aurora; .
        (68) (67) if the ordinance was adopted on December 31,
    1986 by the Village of Milan; or
        (69) (68) if the ordinance was adopted on September 8,
    1994 by the City of West Frankfort; or .
        (70) if the ordinance was adopted on December 23, 1986
    by the Village of Libertyville.
    (d) For redevelopment project areas for which bonds were
issued before July 29, 1991, or for which contracts were
entered into before June 1, 1988, in connection with a
redevelopment project in the area within the State Sales Tax
Boundary, the estimated dates of completion of the
redevelopment project and retirement of obligations to finance
redevelopment project costs (including refunding bonds under
Section 11-74.4-7) may be extended by municipal ordinance to
December 31, 2013. The termination procedures of subsection (b)
of Section 11-74.4-8 are not required for these redevelopment
project areas in 2009 but are required in 2013. The extension
allowed by Public Act 87-1272 shall not apply to real property
tax increment allocation financing under Section 11-74.4-8.
    (e) Those dates, for purposes of real property tax
increment allocation financing pursuant to Section 11-74.4-8
only, shall be not more than 35 years for redevelopment project
areas that were adopted on or after December 16, 1986 and for
which at least $8 million worth of municipal bonds were
authorized on or after December 19, 1989 but before January 1,
1990; provided that the municipality elects to extend the life
of the redevelopment project area to 35 years by the adoption
of an ordinance after at least 14 but not more than 30 days'
written notice to the taxing bodies, that would otherwise
constitute the joint review board for the redevelopment project
area, before the adoption of the ordinance.
    (f) Those dates, for purposes of real property tax
increment allocation financing pursuant to Section 11-74.4-8
only, shall be not more than 35 years for redevelopment project
areas that were established on or after December 1, 1981 but
before January 1, 1982 and for which at least $1,500,000 worth
of tax increment revenue bonds were authorized on or after
September 30, 1990 but before July 1, 1991; provided that the
municipality elects to extend the life of the redevelopment
project area to 35 years by the adoption of an ordinance after
at least 14 but not more than 30 days' written notice to the
taxing bodies, that would otherwise constitute the joint review
board for the redevelopment project area, before the adoption
of the ordinance.
    (g) In consolidating the material relating to completion
dates from Sections 11-74.4-3 and 11-74.4-7 into this Section,
it is not the intent of the 95th General Assembly to make any
substantive change in the law, except for the extension of the
completion dates date for the City of Aurora, the Village of
Milan, and the City of West Frankfort, and the Village of
Libertyville set forth under items item (67), and (68), (69),
and (70) of subsection (c) of this Section.
(Source: P.A. 95-932, eff. 8-26-08; 95-964, eff. 9-23-08;
incorporates P.A. 95-777, eff. 9-22-08; revised 10-14-08.)
 
    (65 ILCS 5/11-74.4-7)  (from Ch. 24, par. 11-74.4-7)
    Sec. 11-74.4-7. Obligations secured by the special tax
allocation fund set forth in Section 11-74.4-8 for the
redevelopment project area may be issued to provide for
redevelopment project costs. Such obligations, when so issued,
shall be retired in the manner provided in the ordinance
authorizing the issuance of such obligations by the receipts of
taxes levied as specified in Section 11-74.4-9 against the
taxable property included in the area, by revenues as specified
by Section 11-74.4-8a and other revenue designated by the
municipality. A municipality may in the ordinance pledge all or
any part of the funds in and to be deposited in the special tax
allocation fund created pursuant to Section 11-74.4-8 to the
payment of the redevelopment project costs and obligations. Any
pledge of funds in the special tax allocation fund shall
provide for distribution to the taxing districts and to the
Illinois Department of Revenue of moneys not required, pledged,
earmarked, or otherwise designated for payment and securing of
the obligations and anticipated redevelopment project costs
and such excess funds shall be calculated annually and deemed
to be "surplus" funds. In the event a municipality only applies
or pledges a portion of the funds in the special tax allocation
fund for the payment or securing of anticipated redevelopment
project costs or of obligations, any such funds remaining in
the special tax allocation fund after complying with the
requirements of the application or pledge, shall also be
calculated annually and deemed "surplus" funds. All surplus
funds in the special tax allocation fund shall be distributed
annually within 180 days after the close of the municipality's
fiscal year by being paid by the municipal treasurer to the
County Collector, to the Department of Revenue and to the
municipality in direct proportion to the tax incremental
revenue received as a result of an increase in the equalized
assessed value of property in the redevelopment project area,
tax incremental revenue received from the State and tax
incremental revenue received from the municipality, but not to
exceed as to each such source the total incremental revenue
received from that source. The County Collector shall
thereafter make distribution to the respective taxing
districts in the same manner and proportion as the most recent
distribution by the county collector to the affected districts
of real property taxes from real property in the redevelopment
project area.
    Without limiting the foregoing in this Section, the
municipality may in addition to obligations secured by the
special tax allocation fund pledge for a period not greater
than the term of the obligations towards payment of such
obligations any part or any combination of the following: (a)
net revenues of all or part of any redevelopment project; (b)
taxes levied and collected on any or all property in the
municipality; (c) the full faith and credit of the
municipality; (d) a mortgage on part or all of the
redevelopment project; or (e) any other taxes or anticipated
receipts that the municipality may lawfully pledge.
    Such obligations may be issued in one or more series
bearing interest at such rate or rates as the corporate
authorities of the municipality shall determine by ordinance.
Such obligations shall bear such date or dates, mature at such
time or times not exceeding 20 years from their respective
dates, be in such denomination, carry such registration
privileges, be executed in such manner, be payable in such
medium of payment at such place or places, contain such
covenants, terms and conditions, and be subject to redemption
as such ordinance shall provide. Obligations issued pursuant to
this Act may be sold at public or private sale at such price as
shall be determined by the corporate authorities of the
municipalities. No referendum approval of the electors shall be
required as a condition to the issuance of obligations pursuant
to this Division except as provided in this Section.
    In the event the municipality authorizes issuance of
obligations pursuant to the authority of this Division secured
by the full faith and credit of the municipality, which
obligations are other than obligations which may be issued
under home rule powers provided by Article VII, Section 6 of
the Illinois Constitution, or pledges taxes pursuant to (b) or
(c) of the second paragraph of this section, the ordinance
authorizing the issuance of such obligations or pledging such
taxes shall be published within 10 days after such ordinance
has been passed in one or more newspapers, with general
circulation within such municipality. The publication of the
ordinance shall be accompanied by a notice of (1) the specific
number of voters required to sign a petition requesting the
question of the issuance of such obligations or pledging taxes
to be submitted to the electors; (2) the time in which such
petition must be filed; and (3) the date of the prospective
referendum. The municipal clerk shall provide a petition form
to any individual requesting one.
    If no petition is filed with the municipal clerk, as
hereinafter provided in this Section, within 30 days after the
publication of the ordinance, the ordinance shall be in effect.
But, if within that 30 day period a petition is filed with the
municipal clerk, signed by electors in the municipality
numbering 10% or more of the number of registered voters in the
municipality, asking that the question of issuing obligations
using full faith and credit of the municipality as security for
the cost of paying for redevelopment project costs, or of
pledging taxes for the payment of such obligations, or both, be
submitted to the electors of the municipality, the corporate
authorities of the municipality shall call a special election
in the manner provided by law to vote upon that question, or,
if a general, State or municipal election is to be held within
a period of not less than 30 or more than 90 days from the date
such petition is filed, shall submit the question at the next
general, State or municipal election. If it appears upon the
canvass of the election by the corporate authorities that a
majority of electors voting upon the question voted in favor
thereof, the ordinance shall be in effect, but if a majority of
the electors voting upon the question are not in favor thereof,
the ordinance shall not take effect.
    The ordinance authorizing the obligations may provide that
the obligations shall contain a recital that they are issued
pursuant to this Division, which recital shall be conclusive
evidence of their validity and of the regularity of their
issuance.
    In the event the municipality authorizes issuance of
obligations pursuant to this Section secured by the full faith
and credit of the municipality, the ordinance authorizing the
obligations may provide for the levy and collection of a direct
annual tax upon all taxable property within the municipality
sufficient to pay the principal thereof and interest thereon as
it matures, which levy may be in addition to and exclusive of
the maximum of all other taxes authorized to be levied by the
municipality, which levy, however, shall be abated to the
extent that monies from other sources are available for payment
of the obligations and the municipality certifies the amount of
said monies available to the county clerk.
    A certified copy of such ordinance shall be filed with the
county clerk of each county in which any portion of the
municipality is situated, and shall constitute the authority
for the extension and collection of the taxes to be deposited
in the special tax allocation fund.
    A municipality may also issue its obligations to refund in
whole or in part, obligations theretofore issued by such
municipality under the authority of this Act, whether at or
prior to maturity, provided however, that the last maturity of
the refunding obligations may not be later than the dates set
forth under Section 11-74.4-3.5. DDD (EEE) (FFF) (GGG), (HHH)
(III)(JJJ) (KKK) (LLL) (MMM), or (NNN) if the ordinance was
adopted on December 23, 1986 by the Village of Libertyville
    In the event a municipality issues obligations under home
rule powers or other legislative authority the proceeds of
which are pledged to pay for redevelopment project costs, the
municipality may, if it has followed the procedures in
conformance with this division, retire said obligations from
funds in the special tax allocation fund in amounts and in such
manner as if such obligations had been issued pursuant to the
provisions of this division.
    All obligations heretofore or hereafter issued pursuant to
this Act shall not be regarded as indebtedness of the
municipality issuing such obligations or any other taxing
district for the purpose of any limitation imposed by law.
(Source: P.A. 94-260, eff. 7-19-05; 94-297, eff. 7-21-05;
94-302, eff. 7-21-05; 94-702, eff. 6-1-06; 94-704, eff.
12-5-05; 94-711, eff. 6-1-06; 94-778, eff. 5-19-06; 94-782,
eff. 5-19-06; 94-783, eff. 5-19-06; 94-810, eff. 5-26-06;
94-903, eff. 6-22-06; 94-1091, eff. 1-26-07; 94-1092, eff.
1-26-07; 95-15, eff. 7-16-07; 95-164, eff. 1-1-08; 95-331, eff.
8-21-07; 95-346, eff. 8-21-07; 95-459, eff. 8-27-07; 95-653,
eff. 1-1-08; 95-662, eff. 10-11-07; 95-683, eff. 10-19-07;
95-709, eff. 1-29-08; 95-876, eff. 8-21-08; 95-932, eff.
8-26-08; 95-964, eff. 9-23-08; 95-977, eff. 9-22-08; revised
10-16-08.)
 
    Section 105. The Chanute-Rantoul National Aviation Center
Redevelopment Commission Act is amended by changing Section 25
as follows:
 
    (70 ILCS 503/25)
    Sec. 25. Powers.
    (a) The Commission possesses all the powers of a body
corporate necessary and convenient to accomplish the purposes
of this Act, including, but not limited to, the following
powers:
        (1) to sue and be sued in its corporate name;
        (2) to apply for and accept gifts, grants, or loans of
    funds or property, financial, or other aid from any public
    agency or private entity;
        (3) to acquire, hold, sell, lease as lessor or lessee,
    deal in, lend, transfer, convey, donate or otherwise
    dispose of real or personal property, or interests in the
    property, under procedures set by the Commission and for
    consideration in the best interests of the Rantoul National
    Aviation Center Airport and the community;
        (4) to enter into loans, contracts, agreements, and
    mortgages in any matter connected with any of its corporate
    purposes and to invest its funds;
        (5) to implement the comprehensive plan for the
    redevelopment of the area within the territorial
    jurisdiction of the Commission that is adopted by the
    Village and to assist the Village in updating the
    comprehensive plan;
        (6) to create, develop, and implement redevelopment
    plans for the territorial jurisdiction of the Commission,
    which may include commercial and industrial uses;
        (7) to prepare, submit, and administer plans, and to
    participate in projects or intergovernmental agreements,
    or both, and to create reserves for planning, constructing,
    reconstructing, acquiring, owning, managing, insuring,
    leasing, equipping, extending, improving, operating,
    maintaining, and repairing land and projects that the
    Commission owns or leases;
        (8) to provide for the insurance, including
    self-insurance, of any property or operations of the
    Commission or its members, directors, and employees,
    against any risk or hazard, and to indemnify its members,
    agents, independent contractors, directors, and employees
    against any risk or hazard;
        (9) to appoint, retain, employ, and set compensation
    rates for its agents, independent contractors, and
    employees to carry out its powers and functions;
    specifically the administrative officer of the Village
    shall serve as Executive Director of the Commission, and
    the Comptroller of the Village shall serve as the Financial
    Officer of the Commission;
        (10) to acquire and accept by purchase, lease, gift, or
    otherwise any property or rights from any persons, any
    municipal corporation, body politic, or agency of the State
    or of the federal government or directly from the State or
    the federal government, useful for the purposes of the
    Commission, and apply for and accept grants, matching
    grants, loans, or appropriations from the State or the
    federal government, or any agency or instrumentality of the
    State or the federal government to be used for any of the
    purposes of the Commission, and to enter into any agreement
    with the State or federal government in relation to those
    grants, matching grants, loans, or appropriations;
        (11) to exercise the right of eminent domain by
    condemnation proceedings, in the manner provided by the
    Eminent Domain Act Article VII of the Illinois Code of
    Civil Procedure, to acquire private property for the lawful
    purposes of the Commission or to carry out a comprehensive
    plan or redevelopment plan;
        (12) to fix and collect just, reasonable, and
    nondiscriminatory charges and rents for the use of
    Commission property and services. The charges collected
    may be used to defray the reasonable expenses of the
    Commission and to pay the principal of and the interest on
    any bonds issued by the Commission;
        (13) to install, repair, construct, reconstruct, or
    relocate streets, roads, alleys, sidewalks, utilities, and
    site improvements essential to the preparation of the area
    within the territorial jurisdiction of the Commission for
    use in accordance with the redevelopment plan;
        (14) to enter into redevelopment agreements with other
    units of local government relating to sharing taxes and
    other revenues and sharing, limiting, and transferring
    land use planning, subdivision, and zoning powers; and
        (15) to borrow money for the corporate purposes of the
    Commission and, in evidence of its obligations to repay the
    borrowing, issue its negotiable revenue bonds or notes for
    any of its corporate purposes, including, but not limited
    to, the following: paying for costs of planning,
    constructing, reconstructing, acquiring, owning, leasing,
    equipping, or improving any publicly-owned land within the
    territorial jurisdiction of the Commission, paying
    interest and principal on bonds, paying for legal,
    financial, and administrative consulting costs related to
    any debt financing, and creating reserves.
    (b) Any financial arrangements made by the Commission must
expressly benefit the operations in order to keep the Aviation
Center a viable and financially stable entity of the Village of
Rantoul.
(Source: P.A. 94-908, eff. 6-23-06; revised 1-30-08.)
 
    Section 110. The Mid-Illinois Medical District Act is
amended by changing Section 90 as follows:
 
    (70 ILCS 925/90)
    Sec. 90. Disposition of money; income fund. All money
received by the Commission from the sale or lease of any
property, in excess of the amount expended by the Commission
for authorized purposes under this Act or as may be necessary
to satisfy the obligation of any revenue bond issued pursuant
to Section 35, shall be paid into the State treasury for
deposit into the Mid-Illinois Illinois Medical District at
Springfield Income Fund. The Commission is authorized to use
all money received as rentals for the purposes of planning,
acquisition, and development of property within the District,
for the operation, maintenance, and improvement of property of
the Commission, and for all purposes and powers set forth in
this Act. All moneys held pursuant to this Section shall be
maintained in a depository approved by the State Treasurer. The
Auditor General shall, at least biennially, audit or cause to
be audited all records and accounts of the Commission
pertaining to the operation of the District.
(Source: P.A. 92-870, eff. 1-3-03; revised 1-22-08.)
 
    Section 115. The Mid-America Medical District Act is
amended by changing Sections 20 and 80 as follows:
 
    (70 ILCS 930/20)
    Sec. 20. Property; acquisition. The Commission is
authorized to acquire the fee simple title to real property
lying within the District and personal property required for
its purposes, by gift, purchase, or otherwise. Title shall be
taken in the corporate name of the Commission. The Commission
may acquire by lease any real property located within the
District and personal property found by the Commission to be
necessary for its purposes and to which the Commission finds
that it need not acquire the fee simple title for carrying out
of those purposes. All real and personal property within the
District, except that owned and used for purposes authorized
under this Act by medical institutions or allied educational
institutions, hospitals, dispensaries, clinics, dormitories or
homes for the nurses, doctors, students, instructors, or other
officers or employees of those institutions located in the
District, or any real property that is used for offices or for
recreational purposes in connection with those institutions,
or any improved residential property within a currently
effective historical district properly designated under a
federal statute or a State or local statute that has been
certified by the Secretary of the Interior to the Secretary of
the Treasury as containing criteria that will substantially
achieve the purpose of preserving and rehabilitating buildings
of historical significance to the district, may be acquired by
the Commission in its corporate name under the provisions for
the exercise of the right of eminent domain under the Eminent
Domain Act Article VII of the Code of Civil Procedure. The
Commission has no quick-take powers, no zoning powers, and no
power to establish or enforce building codes. The Commission
may not acquire any property pursuant to this Section before a
comprehensive master plan has been approved under Section 65.
(Source: P.A. 94-1036, eff. 1-1-07; revised 1-30-08.)
 
    (70 ILCS 930/80)
    Sec. 80. Jurisdiction. This Act shall not be construed to
limit the jurisdiction of the City of East St. Louis to
territory outside the limits of the District nor to impair any
power now possessed by or hereafter granted to the City of East
St. Louis or to cities generally. Property owned by and
exclusively used by the Commission shall be exempt from
taxation and shall be subject to condemnation by the State and
any municipal corporation or agency of the State for any State
or municipal purpose under the provisions for the exercise of
the right of eminent domain under the Eminent Domain Act
Article VII of the Code of Civil Procedure.
(Source: P.A. 94-1036, eff. 1-1-07; revised 1-30-08.)
 
    Section 120. The Southwest Regional Port District Act is
amended by changing Section 5 as follows:
 
    (70 ILCS 1855/5)  (from Ch. 19, par. 455)
    Sec. 5. The District has power to acquire and accept by
purchase, lease, gift, grant or otherwise any property and
rights useful for its purposes and to provide for the
development of channels, ports, harbors, airports, airfields,
terminals, port facilities, terminal facilities, aquariums,
museums, planetariums, climatrons and any other building or
facility which the District has the power to acquire,
construct, reconstruct, extend or improve, to serve the needs
of commerce within the District. The District may acquire real
or personal property or any rights therein in the manner, as
near as may be, as is provided for the exercise of the right of
eminent domain under the Eminent Domain Act Article VII of the
Code of Civil Procedure, as heretofore or hereafter amended;
except that no rights or property of any kind or character now
or hereafter owned, leased, controlled or operated and used by,
or necessary for the actual operations of any common carrier
engaged in interstate commerce, or of any other public utility
subject to the jurisdiction of the Illinois Commerce
Commission, shall be taken or appropriated by the District
without first obtaining the approval of the Illinois Commerce
Commission; and except that no property owned by any city
within the District shall be taken or appropriated without
first obtaining the consent of the governing body of such city.
    Also, the District may lease to others for any period of
time, not to exceed 99 years, upon such terms as its Board may
determine, any of its real property, rights of way or
privileges, or any interest therein, or any part thereof, for
industrial, manufacturing, commercial or harbor purposes,
which is in the opinion of the Port District Board no longer
required for its primary purposes in the development of port
and harbor facilities for the use of public transportation, or
which may not be immediately needed for such purposes, but
where such leases will in the opinion of the Port District
Board aid and promote such purposes, and in conjunction with
such leases, the District may grant rights of way and
privileges across the property of the District, which rights of
way and privileges may be assignable and irrevocable during the
term of any such lease and may include the right to enter upon
the property of the District to do such things as may be
necessary for the enjoyment of such leases, rights of way and
privileges, and such leases may contain such conditions and
retain such interest therein as may be deemed for the best
interest of the District by such Board.
    Also, the District shall have the right to grant easements
and permits for the use of any such real property, rights of
way or privileges which in the opinion of the Board will not
interfere with the use thereof by the District for its primary
purposes and such easements and permits may contain such
conditions and retain such interest therein as may be deemed
for the best interest of the District by the Board.
    With respect to any and all leases, easements, rights of
way, privileges and permits made or granted by the Board, the
Board may agree upon and collect the rentals, charges and fees
that may be deemed for the best interest of the District. Such
rentals, charges and fees shall be used to defray the
reasonable expenses of the District and to pay the principal of
and interest on any revenue bonds issued by the District.
(Source: P.A. 82-783; revised 1-30-08.)
 
    Section 125. The Sanitary District Act of 1917 is amended
by changing Sections 8 and 15 as follows:
 
    (70 ILCS 2405/8)  (from Ch. 42, par. 307)
    Sec. 8. (a) The sanitary district may acquire by purchase,
condemnation, or otherwise all real and personal property,
right of way and privilege, either within or without its
corporate limits that may be required for its corporate
purposes. If real property is acquired by condemnation, the
sanitary district may not sell or lease any portion of the
property for a period of 10 years after acquisition by
condemnation is completed. If, after such 10-year period, the
sanitary district decides to sell or lease the property, it
must first offer the property for sale or lease to the previous
owner of the land from whom the sanitary district acquired the
property. If the sanitary district and such previous owner do
not execute a contract for purchase or lease of the property
within 60 days from the initial offer, the sanitary district
then may offer the property for sale or lease to any other
person. If any district formed under this Act is unable to
agree with any other sanitary district upon the terms whereby
it shall be permitted to use the drains, channels or ditches of
such other sanitary district, the right to such use may be
acquired by condemnation in any circuit court by proceedings as
provided in Section 4-17 of the Illinois Drainage Code. The
compensation to be paid for such use may be a gross sum, or it
may be in the form of an annual rental, to be paid in yearly
installments as provided by the judgment of the court wherein
such proceedings may be had. However, when such compensation is
fixed at a gross sum all moneys for the purchase and
condemnation of any property shall be paid before possession is
taken or any work done on the premises damaged by the
construction of such channel or outlet, and in case of an
appeal from the circuit court taken by either party whereby the
amount of damages is not finally determined, then possession
may be taken, if the amount of judgment in such court is
deposited at some bank or savings and loan association to be
designated by the court, subject to the payment of such damages
on orders signed by the circuit court, whenever the amount of
damages is finally determined. The sanitary district may sell,
convey, vacate and release the real or personal property, right
of way and privileges acquired by it when no longer required
for the purposes of the district.
    (b) A sanitary district may exercise its powers of eminent
domain to acquire a public utility only if the Illinois
Commerce Commission, following petition by the sanitary
district, has granted approval for the sanitary district to
proceed in accordance with the Eminent Domain Act Article VII
of the Code of Civil Procedure. The following procedures must
be followed when a sanitary district exercises its power of
eminent domain to acquire a public utility.
        (1) The sanitary district shall petition the
    Commission for approval of the acquisition of a public
    utility by the exercise of eminent domain powers. The
    petition filed by the sanitary district shall state the
    following:
            (A) the caption of the case;
            (B) the date of the filing of the application;
            (C) the name and address of the condemnee;
            (D) the name and address of the condemnor;
            (E) a specific reference to the statute under which
        the condemnation action is authorized;
            (F) a specific reference to the action, whether by
        ordinance, resolution, or otherwise, by which the
        declaration of taking was authorized, including the
        date when such action was taken, and the place where
        the record may be examined;
            (G) a description of the purpose of the
        condemnation;
            (H) a reasonable description of the property to be
        condemned;
            (I) a statement of how just compensation will be
        made;
            (J) a statement that, if the condemnee wishes to
        challenge the proceeding, the condemnee shall file
        objections within 45 days after its receipt of the
        notice.
        (2) Within 30 days after the filing of a petition by
    the sanitary district of its intent to acquire by eminent
    domain all real and personal property, rights of way, and
    privileges of a public utility, the sanitary district shall
    serve a copy of the petition on the public utility and
    shall publish a notice of the filing of the petition in a
    newspaper of general circulation in the area served by the
    sanitary district. The sanitary district shall file a
    certificate of publication with the Commission as proof of
    publication.
        (3) Within 45 days after being served with the notice
    required by this Section, the condemnee may file objections
    to the petition with the Commission. All objections shall
    state specifically the grounds relied upon. All objections
    shall be raised at one time and in one document. The
    condemnee shall serve a copy of the objections upon the
    condemnor within 72 hours after the objections are filed
    with the Commission.
        (4) The Commission shall make a determination
    regarding the petition and any objections to the petition
    and shall make such orders and decrees as justice and law
    shall require. The Commission may take evidence by
    deposition or otherwise and shall entertain oral argument
    on all objections. The Commission shall make its
    determination within 105 days after its receipt of the
    objections of the condemnee, unless the Commission, in its
    discretion, extends the determination period for a further
    period not exceeding 6 months.
    (c) The Illinois Commerce Commission shall approve the
taking of any property by a sanitary district under subsection
(b), within or outside its boundaries, if it is in the public
interest. The taking shall be considered to be in the public
interest if the sanitary district establishes by a
preponderance of the evidence:
        (1) that the sanitary district has been in existence as
    the operator of a wastewater system for at least 20 years;
        (2) that it will provide wastewater treatment service
    within the proposed area subject to condemnation at the
    same level of wastewater treatment service provided
    throughout the district;
        (3) that it will provide the wastewater collection,
    treatment, and disposal at the same or less operational and
    maintenance volumetric or bulk rate as the public utility
    whose property is subject to condemnation; and
        (4) that it is not financially impractical for the
    public utility to serve its remaining customers who are not
    in the area subject to condemnation.
(Source: P.A. 94-1106, eff. 2-9-07; revised 1-30-08.)
 
    (70 ILCS 2405/15)  (from Ch. 42, par. 314)
    Sec. 15. Whenever the board of trustees of any sanitary
district shall pass an ordinance for the making of any
improvement which such district is authorized to make, the
making of which will require that private property should be
taken or damaged, such district may cause compensation therefor
to be ascertained, and may condemn and acquire possession
thereof in the same manner as nearly as may be as is provided
for the exercise of the right of eminent domain under the
Eminent Domain Act, as amended, except Article VII of the Code
of Civil Procedure, and all amendments thereto: Provided,
however, that (i) proceedings to ascertain the compensation to
be paid for taking or damaging private property shall in all
cases be instituted in the county where the property sought to
be taken or damaged is situated, and (ii) : And, provided, that
all damages to property, whether determined by agreement or by
final judgment of court, shall be paid, prior to the payment of
any other debt or obligation.
(Source: P.A. 82-783; revised 1-30-08.)
 
    Section 130. The Metropolitan Water Reclamation District
Act is amended by changing Section 7a and by setting forth and
renumbering multiple versions of Section 302 as follows:
 
    (70 ILCS 2605/7a)  (from Ch. 42, par. 326a)
    Sec. 7a. Discharge into sewers of a sanitary district.
    (a) The terms used in this Section are defined as follows:
    "Board of Commissioners" means the Board of Commissioners
of the sanitary district.
    "Sewage" means water-carried human wastes or a combination
of water-carried wastes from residences, buildings,
businesses, industrial establishments, institutions, or other
places together with any ground, surface, storm, or other water
that may be present.
    "Industrial Wastes" means all solids, liquids, or gaseous
wastes resulting from any commercial, industrial,
manufacturing, agricultural, trade, or business operation or
process, or from the development, recovery, or processing of
natural resources.
    "Other Wastes" means decayed wood, sawdust, shavings,
bark, lime, refuse, ashes, garbage, offal, oil, tar, chemicals,
and all other substances except sewage and industrial wastes.
    "Person" means any individual, firm, association, joint
venture, sole proprietorship, company, partnership, estate
copartnership, corporation, joint stock company, trust, school
district, unit of local government, or private corporation
organized or existing under the laws of this or any other state
or country.
    "Executive Director" means the executive director of the
sanitary district.
    (b) It shall be unlawful for any person to discharge
sewage, industrial waste, or other wastes into the sewerage
system of a sanitary district or into any sewer connected
therewith, except upon the terms and conditions that the
sanitary district might reasonably impose by way of ordinance,
permit, or otherwise.
    Any sanitary district, in addition to all other powers
vested in it and in the interest of public health and safety,
or as authorized by subsections (b) and (c) of Section 46 of
the Environmental Protection Act, is hereby empowered to pass
all ordinances, rules, or regulations necessary to implement
this Section, including but not limited to, the imposition of
charges based on factors that influence the cost of treatment,
including strength and volume, and including the right of
access during reasonable hours to the premises of a person for
enforcement of adopted ordinances, rules, or regulations.
    (c) Whenever the sanitary district acting through the
executive director determines that sewage, industrial wastes,
or other wastes are being discharged into the sewerage system
and when, in the opinion of the executive director the
discharge is in violation of an ordinance, rules, or
regulations adopted by the Board of Commissioners under this
Section governing industrial wastes or other wastes, the
executive director shall order the offending party to cease and
desist. The order shall be served by certified mail or
personally on the owner, officer, registered agent, or
individual designated by permit.
    In the event the offending party fails or refuses to
discontinue the discharge within 90 days after notification of
the cease and desist order, the executive director may order
the offending party to show cause before the Board of
Commissioners of the sanitary district why the discharge should
not be discontinued. A notice shall be served on the offending
party directing him, her, or it to show cause before the Board
of Commissioners why an order should not be entered directing
the discontinuance of the discharge. The notice shall specify
the time and place where a hearing will be held and shall be
served personally or by registered or certified mail at least
10 days before the hearing; and in the case of a unit of local
government or a corporation the service shall be upon an
officer or agent thereof. After reviewing the evidence, the
Board of Commissioners may issue an order to the party
responsible for the discharge, directing that within a
specified period of time the discharge be discontinued. The
Board of Commissioners may also order the party responsible for
the discharge to pay a civil penalty in an amount specified by
the Board of Commissioners that is not less than $100 nor more
than $2,000 per day for each day of discharge of effluent in
violation of this Act as provided in subsection (d). The Board
of Commissioners may also order the party responsible for the
violation to pay court reporter costs and hearing officer fees
in a total amount not exceeding $3,000.
    (d) The Board of Commissioners shall establish procedures
for assessing civil penalties and issuing orders under
subsection (c) as follows:
        (1) In making its orders and determinations, the Board
    of Commissioners shall take into consideration all the
    facts and circumstances bearing on the activities involved
    and the assessment of civil penalties as shown by the
    record produced at the hearing.
        (2) The Board of Commissioners shall establish a panel
    of independent hearing officers to conduct all hearings on
    the assessment of civil penalties and issuance of orders
    under subsection (c). The hearing officers shall be
    attorneys licensed to practice law in this State.
        (3) The Board of Commissioners shall promulgate
    procedural rules governing the proceedings, the assessment
    of civil penalties, and the issuance of orders.
        (4) All hearings shall be on the record, and testimony
    taken must be under oath and recorded stenographically.
    Transcripts so recorded must be made available to any
    member of the public or any party to the hearing upon
    payment of the usual charges for transcripts. At the
    hearing, the hearing officer may issue, in the name of the
    Board of Commissioners, notices of hearing requesting the
    attendance and testimony of witnesses and the production of
    evidence relevant to any matter involved in the hearing and
    may examine witnesses.
        (5) The hearing officer shall conduct a full and
    impartial hearing on the record, with an opportunity for
    the presentation of evidence and cross-examination of the
    witnesses. The hearing officer shall issue findings of
    fact, conclusions of law, a recommended civil penalty, and
    an order based solely on the record. The hearing officer
    may also recommend, as part of the order, that the
    discharge of industrial waste be discontinued within a
    specified time.
        (6) The findings of fact, conclusions of law,
    recommended civil penalty, and order shall be transmitted
    to the Board of Commissioners along with a complete record
    of the hearing.
        (7) The Board of Commissioners shall either approve or
    disapprove the findings of fact, conclusions of law,
    recommended civil penalty, and order. If the findings of
    fact, conclusions of law, recommended civil penalty, or
    order are rejected, the Board of Commissioners shall remand
    the matter to the hearing officer for further proceedings.
    If the order is accepted by the Board of Commissioners, it
    shall constitute the final order of the Board of
    Commissioners.
        (8) (Blank).
        (9) The civil penalty specified by the Board of
    Commissioners shall be paid within 35 days after the party
    on whom it is imposed receives a written copy of the order
    of the Board of Commissioners, unless the person or persons
    to whom the order is issued seeks judicial review under
    paragraph (8).
        (10) If the respondent seeks judicial review of the
    order assessing civil penalties, the respondent shall,
    within 35 days after the date of the final order, pay the
    amount of the civil penalties into an escrow account
    maintained by the district for that purpose or file a bond
    guaranteeing payment of the civil penalties if the civil
    penalties are upheld on review.
        (11) Civil penalties not paid by the times specified
    above shall be delinquent and subject to a lien recorded
    against the property of the person ordered to pay the
    penalty. The foregoing provisions for asserting liens
    against real estate by the sanitary district shall be in
    addition to and not in derogation of any other remedy or
    right of recovery, in law or equity, that the sanitary
    district may have with respect to the collection or
    recovery of penalties and charges imposed by the sanitary
    district. Judgment in a civil action brought by the
    sanitary district to recover or collect the charges shall
    not operate as a release and waiver of the lien upon the
    real estate for the amount of the judgment. Only
    satisfaction of the judgment or the filing of a release or
    satisfaction of lien shall release the lien.
    (e) The executive director may order a person to cease the
discharge of industrial waste upon a finding by the executive
director that the final order of the Board of Commissioners
entered after a hearing to show cause has been violated. The
executive director shall serve the person with a copy of his or
her order either by certified mail or personally by serving the
owner, officer, registered agent, or individual designated by
permit. The order of the executive director shall also schedule
an expedited hearing before a hearing officer designated by the
Board of Commissioners for the purpose of determining whether
the company has violated the final order of the Board of
Commissioners. The Board of Commissioners shall adopt rules of
procedure governing expedited hearings. In no event shall the
hearing be conducted less than 7 days after receipt by the
person of the executive director's order.
    At the conclusion of the expedited hearing, the hearing
officer shall prepare a report with his or her findings and
recommendations and transmit it to the Board of Commissioners.
If the Board of Commissioners, after reviewing the findings and
recommendations, and the record produced at the hearings,
determines that the person has violated the Board of
Commissioner's final order, the Board of Commissioners may
authorize the plugging of the sewer. The executive director
shall give not less than 10 days written notice of the Board of
Commissioner's order to the owner, officer, registered agent,
or individual designated by permit, as well as the owner of
record of the real estate and other parties known to be
affected, that the sewer will be plugged.
    The foregoing provision for plugging a sewer shall be in
addition to and not in derogation of any other remedy, in law
or in equity, that the district may have to prevent violation
of its ordinances and orders of its Board of Commissioners.
    (f) A violation of the final order of the Board of
Commissioners shall be considered a nuisance. If any person
discharges sewage, industrial wastes, or other wastes into any
waters contrary to the final order of the Board of
Commissioners, the sanitary district acting through the
executive director has the power to commence an action or
proceeding in the circuit court in and for the county in which
the sanitary district is located for the purpose of having the
discharge stopped either by mandamus or injunction, or to
remedy the violation in any manner provided for in this
Section.
    The court shall specify a time, not exceeding 20 days after
the service of the copy of the complaint, in which the party
complained of must plead to the complaint, and in the meantime,
the party may be restrained. In case of default or after
pleading, the court shall immediately inquire into the facts
and circumstances of the case and enter an appropriate judgment
in respect to the matters complained of. Appeals may be taken
as in other civil cases.
    (g) The sanitary district, acting through the executive
director, has the power to commence an action or proceeding for
mandamus or injunction in the circuit court ordering a person
to cease its discharge, when, in the opinion of the executive
director, the person's discharge presents an imminent danger to
the public health, welfare, or safety, presents or may present
an endangerment to the environment, or threatens to interfere
with the operation of the sewerage system or a water
reclamation plant under the jurisdiction of the sanitary
district. The initiation of a show cause hearing is not a
prerequisite to the commencement by the sanitary district of an
action or proceeding for mandamus or injunction in the circuit
court. The court shall specify a time, not exceeding 20 days
after the service of a copy of the petition, in which the party
complained of must answer the petition, and in the meantime,
the party may be restrained. In case of default in answer or
after answer, the court shall immediately inquire into the
facts and circumstances of the case and enter an appropriate
judgment order in respect to the matters complained of. An
appeal may be taken from the final judgment in the same manner
and with the same effect as appeals are taken from judgment of
the circuit court in other actions for mandamus or injunction.
    (h) Whenever the sanitary district commences an action
under subsection (f) of this Section, the court shall assess a
civil penalty of not less than $1,000 nor more than $10,000 for
each day the person violates a Board order. Whenever the
sanitary district commences an action under subsection (g) of
this Section, the court shall assess a civil penalty of not
less than $1,000 nor more than $10,000 for each day the person
violates the ordinance. Each day's continuance of the violation
is a separate offense. The penalties provided in this Section
plus interest at the rate set forth in the Interest Act on
unpaid penalties, costs, and fees, imposed by the Board of
Commissioners under subsection (d), the reasonable costs to the
sanitary district of removal or other remedial action caused by
discharges in violation of this Act, reasonable attorney's
fees, court costs, and other expenses of litigation together
with costs for inspection, sampling, analysis, and
administration related to the enforcement action against the
offending party are recoverable by the sanitary district in a
civil action.
    (i) The Board of Commissioners may establish fees for late
filing of reports with the sanitary district required by an
ordinance governing discharges. The sanitary district shall
provide by certified mail a written notice of the fee
assessment that states the person has 30 days after the receipt
of the notice to request a conference with the executive
director's designee to discuss or dispute the appropriateness
of the assessed fee. Unless a person objects to paying the fee
for filing a report late by timely requesting in writing a
conference with a designee of the executive director, that
person waives his or her right to a conference and the sanitary
district may impose a lien recorded against the property of the
person for the amount of the unpaid fee.
    If a person requests a conference and the matter is not
resolved at the conference, the person subject to the fee may
request an administrative hearing before an impartial hearing
officer appointed under subsection (d) to determine the
person's liability for and the amount of the fee.
    If the hearing officer finds that the late filing fees are
owed to the sanitary district, the sanitary district shall
notify the responsible person or persons of the hearing
officer's decision. If payment is not made within 30 days after
the notice, the sanitary district may impose a lien on the
property of the person or persons.
    Any liens filed under this subsection shall apply only to
the property to which the late filing fees are related. A claim
for lien shall be filed in the office of the recorder of the
county in which the property is located. The filing of a claim
for lien by the district does not prevent the sanitary district
from pursuing other means for collecting late filing fees. If a
claim for lien is filed, the sanitary district shall notify the
person whose property is subject to the lien, and the person
may challenge the lien by filing an action in the circuit
court. The action shall be filed within 90 days after the
person receives the notice of the filing of the claim for lien.
The court shall hear evidence concerning the underlying reasons
for the lien only if an administrative hearing has not been
held under this subsection.
    (j) If the provisions of any paragraph of this Section are
declared unconstitutional or invalid by the final decision of
any court of competent jurisdiction, the provisions of the
remaining paragraphs continue in effect.
    (k) Nothing in this Section eliminates any of the powers
now granted to municipalities having a population of 500,000 or
more as to design, preparation of plans, and construction,
maintenance, and operation of sewers and sewerage systems, or
for the control and elimination or prevention of the pollution
of their waters or waterways, in the Illinois Municipal Code or
any other Act of the State of Illinois.
    (l) The provisions of the Administrative Review Law and all
amendments and rules adopted pursuant to that Law apply to and
govern all proceedings for the judicial review of final
administrative decisions of the Board of Commissioners in the
enforcement of any ordinance, rule, or regulation adopted under
this Act.
(Source: P.A. 95-923, eff. 1-1-09; revised 9-23-08.)
 
    (70 ILCS 2605/302)
    Sec. 302. District enlarged. Upon the effective date of
this amendatory Act of the 95th General Assembly, the corporate
limits of the Metropolitan Water Reclamation District are
extended to include within those limits the following described
tract of land and the tract is annexed to the District.
 
    That part of Fractional Section 4, Township 41 North, Range
    9 East of the Third Principal Meridian and that part of the
    Southeast 1/4 of Section 31, and that part of the Southwest
    1/4 of Section 32, all in Township 42 North, Range 9, East
    of the Third Principal Meridian, described as follows:
 
    Commencing at a point marking the Northeast corner of the
    Northeast 1/4 of Fractional Section 4, Township 41 North,
    Range 9, East of the Third Principal Meridian;
 
    Thence North 89° 42'33" West along the North line thereof
    175.06 feet to a point marking the intersection of said
    North line and the Westerly right-of-way line of Elgin,
    Joliet and Eastern Railway Company for a place of
    beginning;
 
    Thence South 11° 12'47" West along said Westerly
    right-of-way line, a distance of 44.74 feet to a concrete
    monument marking the point of intersection of said Westerly
    railway right-of-way line and Northerly right-of-way line
    of Northern Illinois Toll Highway;
 
    Thence North 87° 29'33" West along the Northerly line of
    property conveyed to the Illinois State Toll Highway
    Commission per Document No. 17,566,128 recorded June 11,
    1959, a distance of 427.34 feet to an iron stake on the
    West line of North 10.82 chains (714.12 feet) of the East
    9.25 chains (610.50 feet) of Fractional Section 4;
 
    Thence South 0° 23'47" West along said West line, a
    distance of 1.63 feet to a point;
 
    Thence North 89° 43'22" West, a distance of 208.43 feet to
    a point;
 
    Thence South 0° 16'38" West, a distance of 30.00 feet to a
    point of intersection with the North line of property
    conveyed to the Illinois State Toll Highway Commission per
    Document No. 16,651,218 recorded July 26, 1956;
 
    Thence North 89° 43'22" West along said North line, a
    distance of 2,125.27 feet along the North line of property
    conveyed to the Illinois State Toll Highway Commission per
    Document No. 16,646,806 recorded July 23, 1956 and Document
    No. 16,651,218 recorded July 26, 1956;
 
    Thence North 0° 16'38" East, a distance of 60.01 feet to a
    point of intersection with the North line of Fractional
    Section 4, being also the South line of the Southwest 1/4
    of Section 32;
 
    Thence North 89° 41'27" West along said South line, a
    distance of 325.43 feet to a point;
 
    Thence North 85° 21'24" West, a distance of 300.88 feet to
    a point;
 
    Thence North 85° 27'21" West, a distance of 401.12 feet to
    a point;
 
    Thence North 79° 49'07" West, a distance of 363.42 feet to
    a point of intersection with the property conveyed to the
    Illinois State Toll Highway Commission per Document No.
    17,400,695 recorded December 10, 1958;
 
    Thence along said property conveyed to the Illinois State
    Toll Highway Commission the following four courses:
 
            (1) North 54° 08'29" East, a distance of 314.04
        feet;
 
            (2) South 89° 41'27" East, a distance of 550.00
        feet;
 
            (3) South 53° 26'13" East, a distance of 372.02
        feet;
 
            (4) South 73° 44'44" East, a distance of 291.20
        feet to a point of intersection with the North line of
        Fractional Section 4;
 
    Thence South 89° 41'27" East along said North line, a
    distance of 1,343.48 feet to the Southwest corner of the
    Southeast 1/4 of Section 32;
 
    Thence South 89° 42'33" East along said North line of
    Fractional Section 4, a distance of 1,425.69 feet to the
    place of beginning;
 
    Containing 385,295.6 square feet or 8.845 acres, more or
    less, all in Cook County, Illinois.
(Source: P.A. 95-716, eff. 4-8-08.)
 
    (70 ILCS 2605/304)
    Sec. 304 302. District enlarged. Upon the effective date of
this amendatory Act of the 95th General Assembly, the corporate
limits of the Metropolitan Water Reclamation District are
extended to include within those limits the following described
tract of land and the tract is annexed to the District.
 
    THAT PART OF THE NORTHEAST 1/4 OF SECTION 32 AND OF THE
    NORTHWEST 1/4 OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 9
    EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED
    AS FOLLOWS:
 
    COMMENCING AT THE NORTHEAST CORNER OF SECTION 32: THENCE
    SOUTH ALONG THE WEST LINE OF SECTION 33, FOR A DISTANCE OF
    111.37 FEET TO A POINT IN THE EASTERLY LINE OF THE ELGIN,
    JOLIET AND EASTERN RAILWAY RIGHT OF WAY, FOR A PLACE OF
    BEGINNING; THENCE SOUTH ALONG THE WEST LINE OF SECTION 33
    FOR A DISTANCE OF 1,208.29 FEET TO THE NORTH LINE OF THE
    SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 33, THENCE EAST
    ALONG THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHWEST 1/4
    OF SECTION 33 FOR A DISTANCE OF 1,291.45 FEET TO THE CENTER
    LINE OF SUTTON ROAD; THENCE SOUTH ALONG THE CENTER LINE OF
    PUBLIC HIGHWAY KNOWN AS SUTTON ROAD, TO THE INTERSECTION OF
    SAID CENTER LINE OF SUTTON ROAD WITH THE NORTH LINE OF THE
    RIGHT OF WAY OF THE ILLINOIS STATE ROUTE 72, AS NOW
    LOCATED; THENCE NORTHWESTERLY ALONG THE NORTH LINE OF STATE
    ROUTE 72 TO ITS INTERSECTION WITH THE EAST LINE OF RIGHT OF
    WAY OF THE ELGIN, JOLIET AND EASTERN RAILWAY AND THENCE
    NORTHERLY ALONG SAID EAST LINE OF THE RAILWAY RIGHT OF WAY,
    TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS.
(Source: P.A. 95-825, eff. 8-14-08; revised 9-5-08.)
 
    Section 135. The Metropolitan Transit Authority Act is
amended by changing Section 12a as follows:
 
    (70 ILCS 3605/12a)  (from Ch. 111 2/3, par. 312a)
    Sec. 12a. In addition to other powers provided in Section
12b, the Authority may issue its notes from time to time, in
anticipation of tax receipts of the Regional Transportation
Authority allocated to the Authority or of other revenues or
receipts of the Authority, in order to provide money for the
Authority to cover any cash flow deficit which the Authority
anticipates incurring. Provided, however, that no such notes
may be issued unless the annual cost thereof is incorporated in
a budget or revised budget of the Authority which has been
approved by the Regional Transportation Authority. Any such
notes are referred to as "Working Cash Notes". Provided further
that, the board shall not issue and have outstanding or demand
and direct that the Board of the Regional Transportation
Authority issue and have outstanding more than an aggregate of
$40,000,000 in Working Cash Notes. No Working Cash Notes shall
be issued for a term of longer than 18 months. Proceeds of
Working Cash Notes may be used to pay day to day operating
expenses of the Authority, consisting of wages, salaries and
fringe benefits, professional and technical services
(including legal, audit, engineering and other consulting
services), office rental, furniture, fixtures and equipment,
insurance premiums, claims for self-insured amounts under
insurance policies, public utility obligations for telephone,
light, heat and similar items, travel expenses, office
supplies, postage, dues, subscriptions, public hearings and
information expenses, fuel purchases, and payments of grants
and payments under purchase of service agreements for
operations of transportation agencies, prior to the receipt by
the Authority from time to time of funds for paying such
expenses. Proceeds of the Working Cash Notes shall not be used
(i) to increase or provide a debt service reserve fund for any
bonds or notes other than Working Cash Notes of the same
Series, or (ii) to pay principal of or interest or redemption
premium on any capital bonds or notes, whether as such amounts
become due or by earlier redemption, issued by the Authority or
a transportation agency to construct or acquire public
transportation facilities, or to provide funds to purchase such
capital bonds or notes.
    (b) The ordinance providing for the issuance of any such
notes shall fix the date or dates of maturity, the dates on
which interest is payable, any sinking fund account or reserve
fund account provisions and all other details of such notes and
may provide for such covenants or agreements necessary or
desirable with regard to the issue, sale and security of such
notes. The Authority shall determine and fix the rate or rates
of interest of its notes issued under this Act in an ordinance
adopted by the Board prior to the issuance thereof, none of
which rates of interest shall exceed that permitted in "An Act
to authorize public corporations to issue bonds, other
evidences of indebtedness and tax anticipation warrants
subject to interest rate limitations set forth therein",
approved May 26, 1970, as now or hereafter amended. Interest
may be payable annually or semi-annually, or at such other
times as determined by the Board. Notes issued under this
Section may be issued as serial or term obligations, shall be
of such denomination or denominations and form, including
interest coupons to be attached thereto, be executed in such
manner, shall be payable at such place or places and bear such
date as the Board shall fix by the ordinance authorizing such
note and shall mature at such time or times, within a period
not to exceed 18 months from the date of issue, and may be
redeemable prior to maturity with or without premium, at the
option of the Board, upon such terms and conditions as the
Board shall fix by the ordinance authorizing the issuance of
such notes. The Board may provide for the registration of notes
in the name of the owner as to the principal alone or as to both
principal and interest, upon such terms and conditions as the
Board may determine. The ordinance authorizing notes may
provide for the exchange of such notes which are fully
registered, as to both principal and interest, with notes which
are registerable as to principal only. All notes issued under
this Section by the Board shall be sold at a price which may be
at a premium or discount but such that the interest cost
(excluding any redemption premium) to the Board of the proceeds
of an issue of such notes, computed to stated maturity
according to standard tables of bond values, shall not exceed
that permitted in "An Act to authorize public corporations to
issue bonds, other evidences of indebtedness and tax
anticipation warrants subject to interest rate limitations set
forth therein", approved May 26, 1970, as now or hereafter
amended. Such notes shall be sold at such time or times as the
Board shall determine. The notes may be sold either upon
competitive bidding or by negotiated sale (without any
requirement of publication of intention to negotiate the sale
of such notes), as the Board shall determine by ordinance
adopted with the affirmative votes of at least 4 Directors. In
case any officer whose signature appears on any notes or
coupons authorized pursuant to this Section shall cease to be
such officer before delivery of such notes, such signature
shall nevertheless be valid and sufficient for all purposes,
the same as if such officer had remained in office until such
delivery. Neither the Directors of the Regional Transportation
Authority, the Directors of the Authority nor any person
executing any bonds or notes thereof shall be liable personally
on any such bonds or notes or coupons by reason of the issuance
thereof.
    (c) All notes of the Authority issued pursuant to this
Section shall be general obligations of the Authority to which
shall be pledged the full faith and credit of the Authority, as
provided in this Section. Such notes shall be secured as
provided in the authorizing ordinance, which may,
notwithstanding any other provision of this Act, include in
addition to any other security, a specific pledge or assignment
of and lien on or security interest in any or all tax receipts
of the Regional Transportation Authority allocated to the
Authority and on any or all other revenues or moneys of the
Authority from whatever source which may by law be utilized for
debt service purposes and a specific pledge or assignment of
and lien on or security interest in any funds or accounts
established or provided for by the ordinance of the Board
authorizing the issuance of such notes. Any such pledge,
assignment, lien or security interest for the benefit of
holders of notes of the Authority shall be valid and binding
from the time the notes are issued without any physical
delivery or further act, and shall be valid and binding as
against and prior to the claims of all other parties having
claims of any kind against the Authority or any other person
irrespective of whether such other parties have notice of such
pledge, assignment, lien or security interest. The obligations
of the Authority incurred pursuant to this Section shall be
superior to and have priority over any other obligations of the
Authority except for obligations under Section 12. The Board
may provide in the ordinance authorizing the issuance of any
notes issued pursuant to this Section for the creation of,
deposits in, and regulation and disposition of sinking fund or
reserve accounts relating to such notes. The ordinance
authorizing the issuance of any notes pursuant to this Section
may contain provisions as part of the contract with the holders
of the notes, for the creation of a separate fund to provide
for the payment of principal and interest on such notes and for
the deposit in such fund from any or all the tax receipts of
the Regional Transportation Authority allocated to the
Authority and from any or all such other moneys or revenues of
the Authority from whatever source which may by law be utilized
for debt service purposes, all as provided in such ordinance,
of amounts to meet the debt service requirements on such notes,
including principal and interest, and any sinking fund or
reserve fund account requirements as may be provided by such
ordinance, and all expenses incident to or in connection with
such fund and accounts or the payment of such notes. Such
ordinance may also provide limitations on the issuance of
additional notes of the Authority. No such notes of the
Authority shall constitute a debt of the State of Illinois.
    (d) The ordinance of the Board authorizing the issuance of
any notes may provide additional security for such notes by
providing for appointment of a corporate trustee (which may be
any trust company or bank having the powers of a trust company
within the State) with respect to such notes. The ordinance
shall prescribe the rights, duties and powers of the trustee to
be exercised for the benefit of the Authority and the
protection of the holders of such notes. The ordinance may
provide for the trustee to hold in and trust, invest and use
amounts in funds and accounts created as provided by the
ordinance with respect to the notes. The ordinance shall
provide that amounts so paid to the trustee which are not
required to be deposited, held or invested in funds and
accounts created by the ordinance with respect to notes or used
for paying notes to be paid by the trustee to the Authority.
    (e) Any notes of the Authority issued pursuant to this
Section shall constitute a contract between the Authority and
the holders from time to time of such notes. In issuing any
note, the Board may include in the ordinance authorizing such
issue a covenant as part of the contract with the holders of
the notes, that as long as such obligations are outstanding, it
shall make such deposits, as provided in paragraph (c) of this
Section. A certified copy of the ordinance authorizing the
issuance of any such obligations shall be filed at or prior to
the issuance of such obligations with the Regional
Transportation Authority, Comptroller of the State of Illinois
and the Illinois Department of Revenue.
    (f) The State of Illinois pledges to and agrees with the
holders of the notes of the Authority issued pursuant to this
Section that the State will not limit or alter the rights and
powers vested in the Authority by this Act or in the Regional
Transportation Authority by the "Regional Transportation
Authority Act" so as to impair the terms of any contract made
by the Authority with such holders or in any way impair the
rights and remedies of such holders until such notes, together
with interest thereon, with interest on any unpaid installments
of interest, and all costs and expenses in connection with any
action or proceedings by or on behalf of such holders, are
fully met and discharged. In addition, the State pledges to and
agrees with the holders of the notes of the Authority issued
pursuant to this Section that the State will not limit or alter
the basis on which State funds are to be paid to the Authority
as provided in the Regional Transportation Authority Act, or
the use of such funds, so as to impair the terms of any such
contract. The Board is authorized to include these pledges and
agreements of the State in any contract with the holders of
bonds or notes issued pursuant to this Section.
    (g) The Board shall not at any time issue, sell or deliver
any Interim Financing Notes pursuant to this Section which will
cause it to have issued and outstanding at any time in excess
of $40,000,000 of Working Cash Notes. Notes which are being
paid or retired by such issuance, sale or delivery of notes,
and notes for which sufficient funds have been deposited with
the paying agency of such notes to provide for payment of
principal and interest thereon or to provide for the redemption
thereof, all pursuant to the ordinance authorizing the issuance
of such notes, shall not be considered to be outstanding for
the purposes of this paragraph.
    (h) The Board, subject to the terms of any agreements with
noteholders as may then exist, shall have power, out of any
funds available therefor, to purchase notes of the Authority
which shall thereupon be cancelled.
    (i) In addition to any other authority granted by law, the
State Treasurer may, with the approval of the Governor, invest
or reinvest, at a price not to exceed par, any State money in
the State Treasury which is not needed for current expenditures
due or about to become due in Interim Financing Notes.
(Source: P.A. 83-885; 83-886; revised 10-23-08.)
 
    Section 140. The Local Mass Transit District Act is amended
by changing Section 5.01 as follows:
 
    (70 ILCS 3610/5.01)   (from Ch. 111 2/3, par. 355.01)
    Sec. 5.01. Metro East Mass Transit District; use and
occupation taxes.
    (a) The Board of Trustees of any Metro East Mass Transit
District may, by ordinance adopted with the concurrence of
two-thirds of the then trustees, impose throughout the District
any or all of the taxes and fees provided in this Section. All
taxes and fees imposed under this Section shall be used only
for public mass transportation systems, and the amount used to
provide mass transit service to unserved areas of the District
shall be in the same proportion to the total proceeds as the
number of persons residing in the unserved areas is to the
total population of the District. Except as otherwise provided
in this Act, taxes imposed under this Section and civil
penalties imposed incident thereto shall be collected and
enforced by the State Department of Revenue. The Department
shall have the power to administer and enforce the taxes and to
determine all rights for refunds for erroneous payments of the
taxes.
    (b) The Board may impose a Metro East Mass Transit District
Retailers' Occupation Tax upon all persons engaged in the
business of selling tangible personal property at retail in the
district at a rate of 1/4 of 1%, or as authorized under
subsection (d-5) of this Section, of the gross receipts from
the sales made in the course of such business within the
district. The tax imposed under this Section and all civil
penalties that may be assessed as an incident thereof shall be
collected and enforced by the State Department of Revenue. The
Department shall have full power to administer and enforce this
Section; to collect all taxes and penalties so collected in the
manner hereinafter provided; and to determine all rights to
credit memoranda arising on account of the erroneous payment of
tax or penalty hereunder. In the administration of, and
compliance with, this Section, the Department and persons who
are subject to this Section shall have the same rights,
remedies, privileges, immunities, powers and duties, and be
subject to the same conditions, restrictions, limitations,
penalties, exclusions, exemptions and definitions of terms and
employ the same modes of procedure, as are prescribed in
Sections 1, 1a, 1a-1, 1c, 1d, 1e, 1f, 1i, 1j, 2 through 2-65
(in respect to all provisions therein other than the State rate
of tax), 2c, 3 (except as to the disposition of taxes and
penalties collected), 4, 5, 5a, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j,
5k, 5l, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, 12, 13, and 14 of the
Retailers' Occupation Tax Act and Section 3-7 of the Uniform
Penalty and Interest Act, as fully as if those provisions were
set forth herein.
    Persons subject to any tax imposed under the Section may
reimburse themselves for their seller's tax liability
hereunder by separately stating the tax as an additional
charge, which charge may be stated in combination, in a single
amount, with State taxes that sellers are required to collect
under the Use Tax Act, in accordance with such bracket
schedules as the Department may prescribe.
    Whenever the Department determines that a refund should be
made under this Section to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the warrant to be drawn for the
amount specified, and to the person named, in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Metro East Mass Transit District tax fund
established under paragraph (h) (g) of this Section.
    If a tax is imposed under this subsection (b), a tax shall
also be imposed under subsections (c) and (d) of this Section.
    For the purpose of determining whether a tax authorized
under this Section is applicable, a retail sale, by a producer
of coal or other mineral mined in Illinois, is a sale at retail
at the place where the coal or other mineral mined in Illinois
is extracted from the earth. This paragraph does not apply to
coal or other mineral when it is delivered or shipped by the
seller to the purchaser at a point outside Illinois so that the
sale is exempt under the Federal Constitution as a sale in
interstate or foreign commerce.
    No tax shall be imposed or collected under this subsection
on the sale of a motor vehicle in this State to a resident of
another state if that motor vehicle will not be titled in this
State.
    Nothing in this Section shall be construed to authorize the
Metro East Mass Transit District to impose a tax upon the
privilege of engaging in any business which under the
Constitution of the United States may not be made the subject
of taxation by this State.
    (c) If a tax has been imposed under subsection (b), a Metro
East Mass Transit District Service Occupation Tax shall also be
imposed upon all persons engaged, in the district, in the
business of making sales of service, who, as an incident to
making those sales of service, transfer tangible personal
property within the District, either in the form of tangible
personal property or in the form of real estate as an incident
to a sale of service. The tax rate shall be 1/4%, or as
authorized under subsection (d-5) of this Section, of the
selling price of tangible personal property so transferred
within the district. The tax imposed under this paragraph and
all civil penalties that may be assessed as an incident thereof
shall be collected and enforced by the State Department of
Revenue. The Department shall have full power to administer and
enforce this paragraph; to collect all taxes and penalties due
hereunder; to dispose of taxes and penalties so collected in
the manner hereinafter provided; and to determine all rights to
credit memoranda arising on account of the erroneous payment of
tax or penalty hereunder. In the administration of, and
compliance with this paragraph, the Department and persons who
are subject to this paragraph shall have the same rights,
remedies, privileges, immunities, powers and duties, and be
subject to the same conditions, restrictions, limitations,
penalties, exclusions, exemptions and definitions of terms and
employ the same modes of procedure as are prescribed in
Sections 1a-1, 2 (except that the reference to State in the
definition of supplier maintaining a place of business in this
State shall mean the Authority), 2a, 3 through 3-50 (in respect
to all provisions therein other than the State rate of tax), 4
(except that the reference to the State shall be to the
Authority), 5, 7, 8 (except that the jurisdiction to which the
tax shall be a debt to the extent indicated in that Section 8
shall be the District), 9 (except as to the disposition of
taxes and penalties collected, and except that the returned
merchandise credit for this tax may not be taken against any
State tax), 10, 11, 12 (except the reference therein to Section
2b of the Retailers' Occupation Tax Act), 13 (except that any
reference to the State shall mean the District), the first
paragraph of Section 15, 16, 17, 18, 19 and 20 of the Service
Occupation Tax Act and Section 3-7 of the Uniform Penalty and
Interest Act, as fully as if those provisions were set forth
herein.
    Persons subject to any tax imposed under the authority
granted in this paragraph may reimburse themselves for their
serviceman's tax liability hereunder by separately stating the
tax as an additional charge, which charge may be stated in
combination, in a single amount, with State tax that servicemen
are authorized to collect under the Service Use Tax Act, in
accordance with such bracket schedules as the Department may
prescribe.
    Whenever the Department determines that a refund should be
made under this paragraph to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the warrant to be drawn for the
amount specified, and to the person named, in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Metro East Mass Transit District tax fund
established under paragraph (h) (g) of this Section.
    Nothing in this paragraph shall be construed to authorize
the District to impose a tax upon the privilege of engaging in
any business which under the Constitution of the United States
may not be made the subject of taxation by the State.
    (d) If a tax has been imposed under subsection (b), a Metro
East Mass Transit District Use Tax shall also be imposed upon
the privilege of using, in the district, any item of tangible
personal property that is purchased outside the district at
retail from a retailer, and that is titled or registered with
an agency of this State's government, at a rate of 1/4%, or as
authorized under subsection (d-5) of this Section, of the
selling price of the tangible personal property within the
District, as "selling price" is defined in the Use Tax Act. The
tax shall be collected from persons whose Illinois address for
titling or registration purposes is given as being in the
District. The tax shall be collected by the Department of
Revenue for the Metro East Mass Transit District. The tax must
be paid to the State, or an exemption determination must be
obtained from the Department of Revenue, before the title or
certificate of registration for the property may be issued. The
tax or proof of exemption may be transmitted to the Department
by way of the State agency with which, or the State officer
with whom, the tangible personal property must be titled or
registered if the Department and the State agency or State
officer determine that this procedure will expedite the
processing of applications for title or registration.
    The Department shall have full power to administer and
enforce this paragraph; to collect all taxes, penalties and
interest due hereunder; to dispose of taxes, penalties and
interest so collected in the manner hereinafter provided; and
to determine all rights to credit memoranda or refunds arising
on account of the erroneous payment of tax, penalty or interest
hereunder. In the administration of, and compliance with, this
paragraph, the Department and persons who are subject to this
paragraph shall have the same rights, remedies, privileges,
immunities, powers and duties, and be subject to the same
conditions, restrictions, limitations, penalties, exclusions,
exemptions and definitions of terms and employ the same modes
of procedure, as are prescribed in Sections 2 (except the
definition of "retailer maintaining a place of business in this
State"), 3 through 3-80 (except provisions pertaining to the
State rate of tax, and except provisions concerning collection
or refunding of the tax by retailers), 4, 11, 12, 12a, 14, 15,
19 (except the portions pertaining to claims by retailers and
except the last paragraph concerning refunds), 20, 21 and 22 of
the Use Tax Act and Section 3-7 of the Uniform Penalty and
Interest Act, that are not inconsistent with this paragraph, as
fully as if those provisions were set forth herein.
    Whenever the Department determines that a refund should be
made under this paragraph to a claimant instead of issuing a
credit memorandum, the Department shall notify the State
Comptroller, who shall cause the order to be drawn for the
amount specified, and to the person named, in the notification
from the Department. The refund shall be paid by the State
Treasurer out of the Metro East Mass Transit District tax fund
established under paragraph (h) (g) of this Section.
    (d-5) (A) The county board of any county participating in
the Metro East Mass Transit District may authorize, by
ordinance, a referendum on the question of whether the tax
rates for the Metro East Mass Transit District Retailers'
Occupation Tax, the Metro East Mass Transit District Service
Occupation Tax, and the Metro East Mass Transit District Use
Tax for the District should be increased from 0.25% to 0.75%.
Upon adopting the ordinance, the county board shall certify the
proposition to the proper election officials who shall submit
the proposition to the voters of the District at the next
election, in accordance with the general election law.
    The proposition shall be in substantially the following
form:
        Shall the tax rates for the Metro East Mass Transit
    District Retailers' Occupation Tax, the Metro East Mass
    Transit District Service Occupation Tax, and the Metro East
    Mass Transit District Use Tax be increased from 0.25% to
    0.75%?
    (B) Two thousand five hundred electors of any Metro East
Mass Transit District may petition the Chief Judge of the
Circuit Court, or any judge of that Circuit designated by the
Chief Judge, in which that District is located to cause to be
submitted to a vote of the electors the question whether the
tax rates for the Metro East Mass Transit District Retailers'
Occupation Tax, the Metro East Mass Transit District Service
Occupation Tax, and the Metro East Mass Transit District Use
Tax for the District should be increased from 0.25% to 0.75%.
    Upon submission of such petition the court shall set a date
not less than 10 nor more than 30 days thereafter for a hearing
on the sufficiency thereof. Notice of the filing of such
petition and of such date shall be given in writing to the
District and the County Clerk at least 7 days before the date
of such hearing.
    If such petition is found sufficient, the court shall enter
an order to submit that proposition at the next election, in
accordance with general election law.
    The form of the petition shall be in substantially the
following form: To the Circuit Court of the County of (name of
county):
        We, the undersigned electors of the (name of transit
    district), respectfully petition your honor to submit to a
    vote of the electors of (name of transit district) the
    following proposition:
        Shall the tax rates for the Metro East Mass Transit
    District Retailers' Occupation Tax, the Metro East Mass
    Transit District Service Occupation Tax, and the Metro East
    Mass Transit District Use Tax be increased from 0.25% to
    0.75%?
        Name                Address, with Street and Number.
..............................................................
..............................................................
    (C) The votes shall be recorded as "YES" or "NO". If a
majority of all votes cast on the proposition are for the
increase in the tax rates, the Metro East Mass Transit District
shall begin imposing the increased rates in the District, and
the Department of Revenue shall begin collecting the increased
amounts, as provided under this Section. An ordinance imposing
or discontinuing a tax hereunder or effecting a change in the
rate thereof shall be adopted and a certified copy thereof
filed with the Department on or before the first day of
October, whereupon the Department shall proceed to administer
and enforce this Section as of the first day of January next
following the adoption and filing, or on or before the first
day of April, whereupon the Department shall proceed to
administer and enforce this Section as of the first day of July
next following the adoption and filing.
    (D) If the voters have approved a referendum under this
subsection, before November 1, 1994, to increase the tax rate
under this subsection, the Metro East Mass Transit District
Board of Trustees may adopt by a majority vote an ordinance at
any time before January 1, 1995 that excludes from the rate
increase tangible personal property that is titled or
registered with an agency of this State's government. The
ordinance excluding titled or registered tangible personal
property from the rate increase must be filed with the
Department at least 15 days before its effective date. At any
time after adopting an ordinance excluding from the rate
increase tangible personal property that is titled or
registered with an agency of this State's government, the Metro
East Mass Transit District Board of Trustees may adopt an
ordinance applying the rate increase to that tangible personal
property. The ordinance shall be adopted, and a certified copy
of that ordinance shall be filed with the Department, on or
before October 1, whereupon the Department shall proceed to
administer and enforce the rate increase against tangible
personal property titled or registered with an agency of this
State's government as of the following January 1. After
December 31, 1995, any reimposed rate increase in effect under
this subsection shall no longer apply to tangible personal
property titled or registered with an agency of this State's
government. Beginning January 1, 1996, the Board of Trustees of
any Metro East Mass Transit District may never reimpose a
previously excluded tax rate increase on tangible personal
property titled or registered with an agency of this State's
government. After July 1, 2004, if the voters have approved a
referendum under this subsection to increase the tax rate under
this subsection, the Metro East Mass Transit District Board of
Trustees may adopt by a majority vote an ordinance that
excludes from the rate increase tangible personal property that
is titled or registered with an agency of this State's
government. The ordinance excluding titled or registered
tangible personal property from the rate increase shall be
adopted, and a certified copy of that ordinance shall be filed
with the Department on or before October 1, whereupon the
Department shall administer and enforce this exclusion from the
rate increase as of the following January 1, or on or before
April 1, whereupon the Department shall administer and enforce
this exclusion from the rate increase as of the following July
1. The Board of Trustees of any Metro East Mass Transit
District may never reimpose a previously excluded tax rate
increase on tangible personal property titled or registered
with an agency of this State's government.
    (d-6) If the Board of Trustees of any Metro East Mass
Transit District has imposed a rate increase under subsection
(d-5) and filed an ordinance with the Department of Revenue
excluding titled property from the higher rate, then that Board
may, by ordinance adopted with the concurrence of two-thirds of
the then trustees, impose throughout the District a fee. The
fee on the excluded property shall not exceed $20 per retail
transaction or an amount equal to the amount of tax excluded,
whichever is less, on tangible personal property that is titled
or registered with an agency of this State's government.
Beginning July 1, 2004, the fee shall apply only to titled
property that is subject to either the Metro East Mass Transit
District Retailers' Occupation Tax or the Metro East Mass
Transit District Service Occupation Tax. No fee shall be
imposed or collected under this subsection on the sale of a
motor vehicle in this State to a resident of another state if
that motor vehicle will not be titled in this State.
    (d-7) Until June 30, 2004, if a fee has been imposed under
subsection (d-6), a fee shall also be imposed upon the
privilege of using, in the district, any item of tangible
personal property that is titled or registered with any agency
of this State's government, in an amount equal to the amount of
the fee imposed under subsection (d-6).
    (d-7.1) Beginning July 1, 2004, any fee imposed by the
Board of Trustees of any Metro East Mass Transit District under
subsection (d-6) and all civil penalties that may be assessed
as an incident of the fees shall be collected and enforced by
the State Department of Revenue. Reference to "taxes" in this
Section shall be construed to apply to the administration,
payment, and remittance of all fees under this Section. For
purposes of any fee imposed under subsection (d-6), 4% of the
fee, penalty, and interest received by the Department in the
first 12 months that the fee is collected and enforced by the
Department and 2% of the fee, penalty, and interest following
the first 12 months shall be deposited into the Tax Compliance
and Administration Fund and shall be used by the Department,
subject to appropriation, to cover the costs of the Department.
No retailers' discount shall apply to any fee imposed under
subsection (d-6).
    (d-8) No item of titled property shall be subject to both
the higher rate approved by referendum, as authorized under
subsection (d-5), and any fee imposed under subsection (d-6) or
(d-7).
    (d-9) (Blank).
    (d-10) (Blank).
    (e) A certificate of registration issued by the State
Department of Revenue to a retailer under the Retailers'
Occupation Tax Act or under the Service Occupation Tax Act
shall permit the registrant to engage in a business that is
taxed under the tax imposed under paragraphs (b), (c) or (d) of
this Section and no additional registration shall be required
under the tax. A certificate issued under the Use Tax Act or
the Service Use Tax Act shall be applicable with regard to any
tax imposed under paragraph (c) of this Section.
    (f) (Blank).
    (g) Any ordinance imposing or discontinuing any tax under
this Section shall be adopted and a certified copy thereof
filed with the Department on or before June 1, whereupon the
Department of Revenue shall proceed to administer and enforce
this Section on behalf of the Metro East Mass Transit District
as of September 1 next following such adoption and filing.
Beginning January 1, 1992, an ordinance or resolution imposing
or discontinuing the tax hereunder shall be adopted and a
certified copy thereof filed with the Department on or before
the first day of July, whereupon the Department shall proceed
to administer and enforce this Section as of the first day of
October next following such adoption and filing. Beginning
January 1, 1993, except as provided in subsection (d-5) of this
Section, an ordinance or resolution imposing or discontinuing
the tax hereunder shall be adopted and a certified copy thereof
filed with the Department on or before the first day of
October, whereupon the Department shall proceed to administer
and enforce this Section as of the first day of January next
following such adoption and filing, or, beginning January 1,
2004, on or before the first day of April, whereupon the
Department shall proceed to administer and enforce this Section
as of the first day of July next following the adoption and
filing.
    (h) Except as provided in subsection (d-7.1), the State
Department of Revenue shall, upon collecting any taxes as
provided in this Section, pay the taxes over to the State
Treasurer as trustee for the District. The taxes shall be held
in a trust fund outside the State Treasury. On or before the
25th day of each calendar month, the State Department of
Revenue shall prepare and certify to the Comptroller of the
State of Illinois the amount to be paid to the District, which
shall be the then balance in the fund, less any amount
determined by the Department to be necessary for the payment of
refunds. Within 10 days after receipt by the Comptroller of the
certification of the amount to be paid to the District, the
Comptroller shall cause an order to be drawn for payment for
the amount in accordance with the direction in the
certification.
(Source: P.A. 94-776, eff. 5-19-06; 95-331, eff. 8-21-07;
revised 10-23-08.)
 
    Section 145. The School Code is amended by changing
Sections 1A-2, 10-21.3a, 10-22.3f, 10-22.34c, 11E-135, 13-45,
and 18-8.05 and by setting forth and renumbering multiple
versions of Sections 10-20.40 and 10-20.41 as follows:
 
    (105 ILCS 5/1A-2)  (from Ch. 122, par. 1A-2)
    Sec. 1A-2. Qualifications. The members of the State Board
of Education shall be citizens of the United States and
residents of the State of Illinois and shall be selected as far
as may be practicable on the basis of their knowledge of, or
interest and experience in, problems of public education. No
member of the State Board of Education shall be gainfully
employed or administratively connected with any school system,
nor have any interest in or benefit from funds provided by the
State Board of Education to an institution of higher learning,
public or private, within Illinois, nor shall they be members
of a school board or board of school trustees of a public or
nonpublic school, college, university or technical institution
within Illinois. No member shall be appointed to more than 2
4-year six year terms. Members shall be reimbursed for all
ordinary and necessary expenses incurred in performing their
duties as members of the Board. Expenses shall be approved by
the Board and be consistent with the laws, policies, and
requirements of the State of Illinois regarding such
expenditures, plus any member may include in his claim for
expenses $50 per day for meeting days.
(Source: P.A. 90-548, eff. 1-1-98; revised 10-23-08.)
 
    (105 ILCS 5/10-20.40)
    Sec. 10-20.40. Student biometric information.
    (a) For the purposes of this Section, "biometric
information" means any information that is collected through an
identification process for individuals based on their unique
behavioral or physiological characteristics, including
fingerprint, hand geometry, voice, or facial recognition or
iris or retinal scans.
    (b) School districts that collect biometric information
from students shall adopt policies that require, at a minimum,
all of the following:
        (1) Written permission from the individual who has
    legal custody of the student, as defined in Section
    10-20.12b of this Code, or from the student if he or she
    has reached the age of 18.
        (2) The discontinuation of use of a student's biometric
    information under either of the following conditions:
            (A) upon the student's graduation or withdrawal
        from the school district; or
            (B) upon receipt in writing of a request for
        discontinuation by the individual having legal custody
        of the student or by the student if he or she has
        reached the age of 18.
        (3) The destruction of all of a student's biometric
    information within 30 days after the use of the biometric
    information is discontinued in accordance with item (2) of
    this subsection (b).
        (4) The use of biometric information solely for
    identification or fraud prevention.
        (5) A prohibition on the sale, lease, or other
    disclosure of biometric information to another person or
    entity, unless:
            (A) the individual who has legal custody of the
        student or the student, if he or she has reached the
        age of 18, consents to the disclosure; or
            (B) the disclosure is required by court order.
        (6) The storage, transmittal, and protection of all
    biometric information from disclosure.
    (c) Failure to provide written consent under item (1) of
subsection (b) of this Section by the individual who has legal
custody of the student or by the student, if he or she has
reached the age of 18, must not be the basis for refusal of any
services otherwise available to the student.
    (d) Student biometric information may be destroyed without
notification to or the approval of a local records commission
under the Local Records Act if destroyed within 30 days after
the use of the biometric information is discontinued in
accordance with item (2) of subsection (b) of this Section.
(Source: P.A. 95-232, eff. 8-16-07; 95-793, eff. 1-1-09;
95-876, eff. 8-21-08.)
 
    (105 ILCS 5/10-20.41)
    Sec. 10-20.41. Use of facilities by community
organizations. School boards are encouraged to allow community
organizations to use school facilities during non-school
hours. If a school board allows a community organization to use
school facilities during non-school hours, the board must adopt
a formal policy governing the use of school facilities by
community organizations during non-school hours. The policy
shall prohibit such use if it interferes with any school
functions or the safety of students or school personnel or
affects the property or liability of the school district.
(Source: P.A. 95-308, eff. 8-20-07; 95-876, eff. 8-21-08.)
 
    (105 ILCS 5/10-20.44)
    Sec. 10-20.44 10-20.40. Report on contracts.
    (a) This Section applies to all school districts, including
a school district organized under Article 34 of this Code.
    (b) A school board must list on the district's Internet
website, if any, all contracts over $25,000 and any contract
that the school board enters into with an exclusive bargaining
representative.
    (c) Each year, in conjunction with the submission of the
Statement of Affairs to the State Board of Education prior to
December, 1, provided for in Section 10-17, each school
district shall submit to the State Board of Education an annual
report on all contracts over $25,000 awarded by the school
district during the previous fiscal year. The report shall
include at least the following:
        (1) the total number of all contracts awarded by the
    school district;
        (2) the total value of all contracts awarded;
        (3) the number of contracts awarded to minority owned
    businesses, female owned businesses, and businesses owned
    by persons with disabilities, as defined in the Business
    Enterprise for Minorities, Females and Persons with
    Disabilities Act, and locally owned businesses; and
        (4) the total value of contracts awarded to minority
    owned businesses, female owned businesses, and businesses
    owned by persons with disabilities, as defined in the
    Business Enterprise for Minorities, Females and Persons
    with Disabilities Act, and locally owned businesses.
    The report shall be made available to the public, including
publication on the school district's Internet website, if any.
(Source: P.A. 95-707, eff. 1-11-08; revised 1-23-08.)
 
    (105 ILCS 5/10-20.45)
    Sec. 10-20.45 10-20.41. Pay for performance.
    (a) Beginning with all newly-negotiated collective
bargaining agreements entered into after the effective date of
this amendatory Act of the 95th General Assembly, a school
board and the exclusive bargaining representative, if any, may
include a performance-based teacher compensation plan in the
subject of its collective bargaining agreement. Nothing in this
Section shall preclude the school board and the exclusive
bargaining representative from agreeing to and implementing a
new performance-based teacher compensation plan prior to the
termination of the current collective bargaining agreement.
    (b) The new teacher compensation plan bargained and agreed
to by the school board and the exclusive bargaining
representative under subsection (a) of this Section shall
provide certificated personnel with base salaries and shall
also provide that any increases in the compensation of
individual teachers or groups of teachers beyond base salaries
shall be pursuant, but not limited to, any of the following
elements:
        (1) Superior teacher evaluations based on multiple
    evaluations of their classroom teaching.
        (2) Evaluation of a teacher's student classroom-level
    achievement growth as measured using a value-added model.
    "Value-added" means the improvement gains in student
    achievement that are made each year based on pre-test and
    post-test outcomes.
        (3) Evaluation of school-level achievement growth as
    measured using a value-added model. "Value-added" means
    the improvement gains in student achievement that are made
    each year based on pre-test and post-test outcomes.
        (4) Demonstration of superior, outstanding performance
    by an individual teacher or groups of teachers through the
    meeting of unique and specific teaching practice
    objectives defined and agreed to in advance in any given
    school year.
        (5) Preparation for meeting and contribution to the
    broader needs of the school organization (e.g., curriculum
    development, family liaison and community outreach,
    implementation of a professional development program for
    faculty, and participation in school management).
    (c) A school board and exclusive bargaining representative
that initiate their own performance-based teacher compensation
program shall submit the new plan to the State Board of
Education for review not later than 150 days before the plan is
to become effective. If the plan does not conform to this
Section, the State Board of Education shall return the plan to
the school board and the exclusive bargaining representative
for modification. The school board and the exclusive bargaining
representative shall then have 30 days after the plan is
returned to them to submit a modified plan.
(Source: P.A. 95-707, eff. 1-11-08; revised 1-23-08.)
 
    (105 ILCS 5/10-21.3a)
    Sec. 10-21.3a. Transfer of students.
    (a) Each school board shall establish and implement a
policy governing the transfer of a student from one attendance
center to another within the school district upon the request
of the student's parent or guardian. Any request by a parent or
guardian to transfer his or her child from one attendance
center to another within the school district pursuant to
Section 1116 of the federal Elementary and Secondary Education
Act of 1965 (20 U.S.C. Sec. 6316 6317) must be made no later
than 30 days after the parent or guardian receives notice of
the right to transfer pursuant to that law. A student may not
transfer to any of the following attendance centers, except by
change in residence if the policy authorizes enrollment based
on residence in an attendance area or unless approved by the
board on an individual basis:
        (1) An attendance center that exceeds or as a result of
    the transfer would exceed its attendance capacity.
        (2) An attendance center for which the board has
    established academic criteria for enrollment if the
    student does not meet the criteria, provided that the
    transfer must be permitted if the attendance center is the
    only attendance center serving the student's grade that has
    not been identified for school improvement, corrective
    action, or restructuring under Section 1116 of the federal
    Elementary and Secondary Education Act of 1965 (20 U.S.C.
    Sec. 6316 6317).
        (3) Any attendance center if the transfer would prevent
    the school district from meeting its obligations under a
    State or federal law, court order, or consent decree
    applicable to the school district.
    (b) Each school board shall establish and implement a
policy governing the transfer of students within a school
district from a persistently dangerous school to another public
school in that district that is not deemed to be persistently
dangerous. In order to be considered a persistently dangerous
school, the school must meet all of the following criteria for
2 consecutive years:
        (1) Have greater than 3% of the students enrolled in
    the school expelled for violence-related conduct.
        (2) Have one or more students expelled for bringing a
    firearm to school as defined in 18 U.S.C. 921.
        (3) Have at least 3% of the students enrolled in the
    school exercise the individual option to transfer schools
    pursuant to subsection (c) of this Section.
    (c) A student may transfer from one public school to
another public school in that district if the student is a
victim of a violent crime as defined in Section 3 of the Rights
of Crime Victims and Witnesses Act. The violent crime must have
occurred on school grounds during regular school hours or
during a school-sponsored event.
    (d) Transfers made pursuant to subsections (b) and (c) of
this Section shall be made in compliance with the federal No
Child Left Behind Act of 2001 (Public Law 107-110).
(Source: P.A. 92-604, eff. 7-1-02; 93-633, eff. 12-23-03;
revised 10-28-08.)
 
    (105 ILCS 5/10-22.3f)
    (Text of Section before amendment by P.A. 95-958)
    Sec. 10-22.3f. Required health benefits. Insurance
protection and benefits for employees shall provide the
post-mastectomy care benefits required to be covered by a
policy of accident and health insurance under Section 356t and
the coverage required under Sections 356g.5, 356u, 356w, 356x,
356z.6, 356z.9, and 356z.13 356z.11 of the Illinois Insurance
Code.
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07;
95-876, eff. 8-21-08; 95-978, eff. 1-1-09; revised 10-15-08.)
 
    (Text of Section after amendment by P.A. 95-958)
    Sec. 10-22.3f. Required health benefits. Insurance
protection and benefits for employees shall provide the
post-mastectomy care benefits required to be covered by a
policy of accident and health insurance under Section 356t and
the coverage required under Sections 356g.5, 356u, 356w, 356x,
356z.6, 356z.9, 356z.11, and 356z.12, and 356z.13 356z.11 of
the Illinois Insurance Code.
(Source: P.A. 95-189, eff. 8-16-07; 95-422, eff. 8-24-07;
95-876, eff. 8-21-08; 95-958, eff. 6-1-09; 95-978, eff. 1-1-09;
revised 10-15-08.)
 
    (105 ILCS 5/10-22.34c)
    Sec. 10-22.34c. Third party non-instructional services.
    (a) A board of education may enter into a contract with a
third party for non-instructional services currently performed
by any employee or bargaining unit member or lay off those
educational support personnel employees upon 90 days written
notice to the affected employees, provided that:
        (1) a contract must not be entered into and become
    effective during the term of a collective bargaining
    agreement, as that term is set forth in the agreement,
    covering any employees who perform the non-instructional
    services;
        (2) a contract may only take effect upon the expiration
    of an existing collective bargaining agreement;
        (3) any third party that submits a bid to perform the
    non-instructional services shall provide the following:
            (A) evidence of liability insurance in scope and
        amount equivalent to the liability insurance provided
        by the school board pursuant to Section 10-22.3 of this
        Code;
            (B) a benefits package for the third party's
        employees who will perform the non-instructional
        services comparable to the benefits package provided
        to school board employees who perform those services;
            (C) a list of the number of employees who will
        provide the non-instructional services, the job
        classifications of those employees, and the wages the
        third party will pay those employees;
            (D) a minimum 3-year cost projection, using
        generally accepted accounting principles and which the
        third party is prohibited from increasing if the bid is
        accepted by the school board, for each and every
        expenditure category and account for performing the
        non-instructional services;
            (E) composite information about the criminal and
        disciplinary records, including alcohol or other
        substance abuse, Department of Children and Family
        Services complaints and investigations, traffic
        violations, and license revocations or any other
        licensure problems, of any employees who may perform
        the non-instructional services, provided that the
        individual names and other identifying information of
        employees need not be provided with the submission of
        the bid, but must be made available upon request of the
        school board; and
            (F) an affidavit, notarized by the president or
        chief executive officer of the third party, that each
        of its employees has completed a criminal background
        check as required by Section 10-21.9 of this Code
        within 3 months prior to submission of the bid,
        provided that the results of such background checks
        need not be provided with the submission of the bid,
        but must be made available upon request of the school
        board; .
        (4) a contract must not be entered into unless the
    school board provides a cost comparison, using generally
    accepted accounting principles, of each and every
    expenditure category and account that the school board
    projects it would incur over the term of the contract if it
    continued to perform the non-instructional services using
    its own employees with each and every expenditure category
    and account that is projected a third party would incur if
    a third party performed the non-instructional services;
        (5) review and consideration of all bids by third
    parties to perform the non-instructional services shall
    take place in open session of a regularly scheduled school
    board meeting, unless the exclusive bargaining
    representative of the employees who perform the
    non-instructional services, if any such exclusive
    bargaining representative exists, agrees in writing that
    such review and consideration can take place in open
    session at a specially scheduled school board meeting;
        (6) a minimum of one public hearing, conducted by the
    school board prior to a regularly scheduled school board
    meeting, to discuss the school board's proposal to contract
    with a third party to perform the non-instructional
    services must be held before the school board may enter
    into such a contract; the school board must provide notice
    to the public of the date, time, and location of the first
    public hearing on or before the initial date that bids to
    provide the non-instructional services are solicited or a
    minimum of 30 days prior to entering into such a contract,
    whichever provides a greater period of notice;
        (7) a contract shall contain provisions requiring the
    contractor to offer available employee positions pursuant
    to the contract to qualified school district employees
    whose employment is terminated because of the contract; and
        (8) a contract shall contain provisions requiring the
    contractor to comply with a policy of nondiscrimination and
    equal employment opportunity for all persons and to take
    affirmative steps to provide equal opportunity for all
    persons.
    (b) Notwithstanding subsection (a) of this Section, a board
of education may enter into a contract, of no longer than 3
months in duration, with a third party for non-instructional
services currently performed by an employee or bargaining unit
member for the purpose of augmenting the current workforce in
an emergency situation that threatens the safety or health of
the school district's students or staff, provided that the
school board meets all of its obligations under the Illinois
Educational Labor Relations Act.
    (c) The changes to this Section made by this amendatory Act
of the 95th General Assembly are not applicable to
non-instructional services of a school district that on the
effective date of this amendatory Act of the 95th General
Assembly are performed for the school district by a third
party.
(Source: P.A. 95-241, eff. 8-17-07; revised 10-23-08.)
 
    (105 ILCS 5/11E-135)
    Sec. 11E-135. Incentives. For districts reorganizing under
this Article and for a district or districts that annex all of
the territory of one or more entire other school districts in
accordance with Article 7 of this Code, the following payments
shall be made from appropriations made for these purposes:
    (a)(1) For a combined school district, as defined in
Section 11E-20 of this Code, or for a unit district, as defined
in Section 11E-25 of this Code, for its first year of
existence, the general State aid and supplemental general State
aid calculated under Section 18-8.05 of this Code shall be
computed for the new district and for the previously existing
districts for which property is totally included within the new
district. If the computation on the basis of the previously
existing districts is greater, a supplementary payment equal to
the difference shall be made for the first 4 years of existence
of the new district.
    (2) For a school district that annexes all of the territory
of one or more entire other school districts as defined in
Article 7 of this Code, for the first year during which the
change of boundaries attributable to the annexation becomes
effective for all purposes, as determined under Section 7-9 of
this Code, the general State aid and supplemental general State
aid calculated under Section 18-8.05 of this Code shall be
computed for the annexing district as constituted after the
annexation and for the annexing and each annexed district as
constituted prior to the annexation; and if the computation on
the basis of the annexing and annexed districts as constituted
prior to the annexation is greater, then a supplementary
payment equal to the difference shall be made for the first 4
years of existence of the annexing school district as
constituted upon the annexation.
    (3) For 2 or more school districts that annex all of the
territory of one or more entire other school districts, as
defined in Article 7 of this Code, for the first year during
which the change of boundaries attributable to the annexation
becomes effective for all purposes, as determined under Section
7-9 of this Code, the general State aid and supplemental
general State aid calculated under Section 18-8.05 of this Code
shall be computed for each annexing district as constituted
after the annexation and for each annexing and annexed district
as constituted prior to the annexation; and if the aggregate of
the general State aid and supplemental general State aid as so
computed for the annexing districts as constituted after the
annexation is less than the aggregate of the general State aid
and supplemental general State aid as so computed for the
annexing and annexed districts, as constituted prior to the
annexation, then a supplementary payment equal to the
difference shall be made and allocated between or among the
annexing districts, as constituted upon the annexation, for the
first 4 years of their existence. The total difference payment
shall be allocated between or among the annexing districts in
the same ratio as the pupil enrollment from that portion of the
annexed district or districts that is annexed to each annexing
district bears to the total pupil enrollment from the entire
annexed district or districts, as such pupil enrollment is
determined for the school year last ending prior to the date
when the change of boundaries attributable to the annexation
becomes effective for all purposes. The amount of the total
difference payment and the amount thereof to be allocated to
the annexing districts shall be computed by the State Board of
Education on the basis of pupil enrollment and other data that
shall be certified to the State Board of Education, on forms
that it shall provide for that purpose, by the regional
superintendent of schools for each educational service region
in which the annexing and annexed districts are located.
    (4) For a school district conversion, as defined in Section
11E-15 of this Code, or a multi-unit conversion, as defined in
subsection (b) of Section 11E-30 of this Code, if in their
first year of existence the newly created elementary districts
and the newly created high school district, from a school
district conversion, or the newly created elementary district
or districts and newly created combined high school - unit
district, from a multi-unit conversion, qualify for less
general State aid under Section 18-8.05 of this Code than would
have been payable under Section 18-8.05 for that same year to
the previously existing districts, then a supplementary
payment equal to that difference shall be made for the first 4
years of existence of the newly created districts. The
aggregate amount of each supplementary payment shall be
allocated among the newly created districts in the proportion
that the deemed pupil enrollment in each district during its
first year of existence bears to the actual aggregate pupil
enrollment in all of the districts during their first year of
existence. For purposes of each allocation:
        (A) the deemed pupil enrollment of the newly created
    high school district from a school district conversion
    shall be an amount equal to its actual pupil enrollment for
    its first year of existence multiplied by 1.25;
        (B) the deemed pupil enrollment of each newly created
    elementary district from a school district conversion
    shall be an amount equal to its actual pupil enrollment for
    its first year of existence reduced by an amount equal to
    the product obtained when the amount by which the newly
    created high school district's deemed pupil enrollment
    exceeds its actual pupil enrollment for its first year of
    existence is multiplied by a fraction, the numerator of
    which is the actual pupil enrollment of the newly created
    elementary district for its first year of existence and the
    denominator of which is the actual aggregate pupil
    enrollment of all of the newly created elementary districts
    for their first year of existence;
        (C) the deemed high school pupil enrollment of the
    newly created combined high school - unit district from a
    multi-unit conversion shall be an amount equal to its
    actual grades 9 through 12 pupil enrollment for its first
    year of existence multiplied by 1.25; and
        (D) the deemed elementary pupil enrollment of each
    newly created district from a multi-unit conversion shall
    be an amount equal to each district's actual grade K
    through 8 pupil enrollment for its first year of existence,
    reduced by an amount equal to the product obtained when the
    amount by which the newly created combined high school -
    unit district's deemed high school pupil enrollment
    exceeds its actual grade 9 through 12 pupil enrollment for
    its first year of existence is multiplied by a fraction,
    the numerator of which is the actual grade K through 8
    pupil enrollment of each newly created district for its
    first year of existence and the denominator of which is the
    actual aggregate grade K through 8 pupil enrollment of all
    such newly created districts for their first year of
    existence.
     The aggregate amount of each supplementary payment under
this subdivision (4) and the amount thereof to be allocated to
the newly created districts shall be computed by the State
Board of Education on the basis of pupil enrollment and other
data, which shall be certified to the State Board of Education,
on forms that it shall provide for that purpose, by the
regional superintendent of schools for each educational
service region in which the newly created districts are
located.
    (5) For a partial elementary unit district, as defined in
subsection (a) or (c) of Section 11E-30 of this Code, if, in
the first year of existence, the newly created partial
elementary unit district qualifies for less general State aid
and supplemental general State aid under Section 18-8.05 of
this Code than would have been payable under that Section for
that same year to the previously existing districts that formed
the partial elementary unit district, then a supplementary
payment equal to that difference shall be made to the partial
elementary unit district for the first 4 years of existence of
that newly created district.
    (6) For an elementary opt-in, as described in subsection
(d) of Section 11E-30 of this Code, the general State aid
difference shall be computed in accordance with paragraph (5)
of this subsection (a) as if the elementary opt-in was included
in an optional elementary unit district at the optional
elementary unit district's original effective date. If the
calculation in this paragraph (6) is less than that calculated
in paragraph (5) of this subsection (a) at the optional
elementary unit district's original effective date, then no
adjustments may be made. If the calculation in this paragraph
(6) is more than that calculated in paragraph (5) of this
subsection (a) at the optional elementary unit district's
original effective date, then the excess must be paid as
follows:
        (A) If the effective date for the elementary opt-in is
    one year after the effective date for the optional
    elementary unit district, 100% of the calculated excess
    shall be paid to the optional elementary unit district in
    each of the first 4 years after the effective date of the
    elementary opt-in.
        (B) If the effective date for the elementary opt-in is
    2 years after the effective date for the optional
    elementary unit district, 75% of the calculated excess
    shall be paid to the optional elementary unit district in
    each of the first 4 years after the effective date of the
    elementary opt-in.
        (C) If the effective date for the elementary opt-in is
    3 years after the effective date for the optional
    elementary unit district, 50% of the calculated excess
    shall be paid to the optional elementary unit district in
    each of the first 4 years after the effective date of the
    elementary opt-in.
        (D) If the effective date for the elementary opt-in is
    4 years after the effective date for the optional
    elementary unit district, 25% of the calculated excess
    shall be paid to the optional elementary unit district in
    each of the first 4 years after the effective date of the
    elementary opt-in.
        (E) If the effective date for the elementary opt-in is
    5 years after the effective date for the optional
    elementary unit district, the optional elementary unit
    district is not eligible for any additional incentives due
    to the elementary opt-in.
    (6.5) For a school district that annexes territory detached
from another school district whereby the enrollment of the
annexing district increases by 90% or more as a result of the
annexation, for the first year during which the change of
boundaries attributable to the annexation becomes effective
for all purposes as determined under Section 7-9 of this Code,
the general State aid and supplemental general State aid
calculated under this Section shall be computed for the
district gaining territory and the district losing territory as
constituted after the annexation and for the same districts as
constituted prior to the annexation; and if the aggregate of
the general State aid and supplemental general State aid as so
computed for the district gaining territory and the district
losing territory as constituted after the annexation is less
than the aggregate of the general State aid and supplemental
general State aid as so computed for the district gaining
territory and the district losing territory as constituted
prior to the annexation, then a supplementary payment shall be
made to the annexing district for the first 4 years of
existence after the annexation, equal to the difference
multiplied by the ratio of student enrollment in the territory
detached to the total student enrollment in the district losing
territory for the year prior to the effective date of the
annexation. The amount of the total difference and the
proportion paid to the annexing district shall be computed by
the State Board of Education on the basis of pupil enrollment
and other data that must be submitted to the State Board of
Education in accordance with Section 7-14A of this Code. The
changes to this Section made by Public Act 95-707 this
amendatory Act of the 95th General Assembly are intended to be
retroactive and applicable to any annexation taking effect on
or after July 1, 2004. For annexations that are eligible for
payments under this paragraph (6.5) and that are effective on
or after July 1, 2004, but before January 11, 2008 (the
effective date of Public Act 95-707) this amendatory Act of the
95th General Assembly, the first required yearly payment under
this paragraph (6.5) shall be paid in the fiscal year of
January 11, 2008 (the effective date of Public Act 95-707) this
amendatory Act of the 95th General Assembly. Subsequent
required yearly payments shall be paid in subsequent fiscal
years until the payment obligation under this paragraph (6.5)
is complete.
    (7) Claims for financial assistance under this subsection
(a) may not be recomputed except as expressly provided under
Section 18-8.05 of this Code.
    (8) Any supplementary payment made under this subsection
(a) must be treated as separate from all other payments made
pursuant to Section 18-8.05 of this Code.
    (b)(1) After the formation of a combined school district,
as defined in Section 11E-20 of this Code, or a unit district,
as defined in Section 11E-25 of this Code, a computation shall
be made to determine the difference between the salaries
effective in each of the previously existing districts on June
30, prior to the creation of the new district. For the first 4
years after the formation of the new district, a supplementary
State aid reimbursement shall be paid to the new district equal
to the difference between the sum of the salaries earned by
each of the certificated members of the new district, while
employed in one of the previously existing districts during the
year immediately preceding the formation of the new district,
and the sum of the salaries those certificated members would
have been paid during the year immediately prior to the
formation of the new district if placed on the salary schedule
of the previously existing district with the highest salary
schedule.
    (2) After the territory of one or more school districts is
annexed by one or more other school districts as defined in
Article 7 of this Code, a computation shall be made to
determine the difference between the salaries effective in each
annexed district and in the annexing district or districts as
they were each constituted on June 30 preceding the date when
the change of boundaries attributable to the annexation became
effective for all purposes, as determined under Section 7-9 of
this Code. For the first 4 years after the annexation, a
supplementary State aid reimbursement shall be paid to each
annexing district as constituted after the annexation equal to
the difference between the sum of the salaries earned by each
of the certificated members of the annexing district as
constituted after the annexation, while employed in an annexed
or annexing district during the year immediately preceding the
annexation, and the sum of the salaries those certificated
members would have been paid during the immediately preceding
year if placed on the salary schedule of whichever of the
annexing or annexed districts had the highest salary schedule
during the immediately preceding year.
    (3) For each new high school district formed under a school
district conversion, as defined in Section 11E-15 of this Code,
the State shall make a supplementary payment for 4 years equal
to the difference between the sum of the salaries earned by
each certified member of the new high school district, while
employed in one of the previously existing districts, and the
sum of the salaries those certified members would have been
paid if placed on the salary schedule of the previously
existing district with the highest salary schedule.
    (4) For each newly created partial elementary unit
district, the State shall make a supplementary payment for 4
years equal to the difference between the sum of the salaries
earned by each certified member of the newly created partial
elementary unit district, while employed in one of the
previously existing districts that formed the partial
elementary unit district, and the sum of the salaries those
certified members would have been paid if placed on the salary
schedule of the previously existing district with the highest
salary schedule. The salary schedules used in the calculation
shall be those in effect in the previously existing districts
for the school year prior to the creation of the new partial
elementary unit district.
    (5) For an elementary district opt-in, as described in
subsection (d) of Section 11E-30 of this Code, the salary
difference incentive shall be computed in accordance with
paragraph (4) of this subsection (b) as if the opted-in
elementary district was included in the optional elementary
unit district at the optional elementary unit district's
original effective date. If the calculation in this paragraph
(5) is less than that calculated in paragraph (4) of this
subsection (b) at the optional elementary unit district's
original effective date, then no adjustments may be made. If
the calculation in this paragraph (5) is more than that
calculated in paragraph (4) of this subsection (b) at the
optional elementary unit district's original effective date,
then the excess must be paid as follows:
        (A) If the effective date for the elementary opt-in is
    one year after the effective date for the optional
    elementary unit district, 100% of the calculated excess
    shall be paid to the optional elementary unit district in
    each of the first 4 years after the effective date of the
    elementary opt-in.
        (B) If the effective date for the elementary opt-in is
    2 years after the effective date for the optional
    elementary unit district, 75% of the calculated excess
    shall be paid to the optional elementary unit district in
    each of the first 4 years after the effective date of the
    elementary opt-in.
        (C) If the effective date for the elementary opt-in is
    3 years after the effective date for the optional
    elementary unit district, 50% of the calculated excess
    shall be paid to the optional elementary unit district in
    each of the first 4 years after the effective date of the
    elementary opt-in.
        (D) If the effective date for the elementary opt-in is
    4 years after the effective date for the partial elementary
    unit district, 25% of the calculated excess shall be paid
    to the optional elementary unit district in each of the
    first 4 years after the effective date of the elementary
    opt-in.
        (E) If the effective date for the elementary opt-in is
    5 years after the effective date for the optional
    elementary unit district, the optional elementary unit
    district is not eligible for any additional incentives due
    to the elementary opt-in.
    (5.5) After the formation of a cooperative high school by 2
or more school districts under Section 10-22.22c of this Code,
a computation shall be made to determine the difference between
the salaries effective in each of the previously existing high
schools on June 30 prior to the formation of the cooperative
high school. For the first 4 years after the formation of the
cooperative high school, a supplementary State aid
reimbursement shall be paid to the cooperative high school
equal to the difference between the sum of the salaries earned
by each of the certificated members of the cooperative high
school while employed in one of the previously existing high
schools during the year immediately preceding the formation of
the cooperative high school and the sum of the salaries those
certificated members would have been paid during the year
immediately prior to the formation of the cooperative high
school if placed on the salary schedule of the previously
existing high school with the highest salary schedule.
    (5.10) After the annexation of territory detached from
another school district whereby the enrollment of the annexing
district increases by 90% or more as a result of the
annexation, a computation shall be made to determine the
difference between the salaries effective in the district
gaining territory and the district losing territory as they
each were constituted on June 30 preceding the date when the
change of boundaries attributable to the annexation became
effective for all purposes as determined under Section 7-9 of
this Code. For the first 4 years after the annexation, a
supplementary State aid reimbursement shall be paid to the
annexing district equal to the difference between the sum of
the salaries earned by each of the certificated members of the
annexing district as constituted after the annexation while
employed in the district gaining territory or the district
losing territory during the year immediately preceding the
annexation and the sum of the salaries those certificated
members would have been paid during such immediately preceding
year if placed on the salary schedule of whichever of the
district gaining territory or district losing territory had the
highest salary schedule during the immediately preceding year.
To be eligible for supplementary State aid reimbursement under
this Section, the intergovernmental agreement to be submitted
pursuant to Section 7-14A of this Code must show that staff
members were transferred from the control of the district
losing territory to the control of the district gaining
territory in the annexation. The changes to this Section made
by Public Act 95-707 this amendatory Act of the 95th General
Assembly are intended to be retroactive and applicable to any
annexation taking effect on or after July 1, 2004. For
annexations that are eligible for payments under this paragraph
(5.10) and that are effective on or after July 1, 2004, but
before January 11, 2008 (the effective date of Public Act
95-707) this amendatory Act of the 95th General Assembly, the
first required yearly payment under this paragraph (5.10) shall
be paid in the fiscal year of January 11, 2008 (the effective
date of Public Act 95-707) this amendatory Act of the 95th
General Assembly. Subsequent required yearly payments shall be
paid in subsequent fiscal years until the payment obligation
under this paragraph (5.10) is complete.
    (5.15) (5.10) After the deactivation of a school facility
in accordance with Section 10-22.22b of this Code, a
computation shall be made to determine the difference between
the salaries effective in the sending school district and each
receiving school district on June 30 prior to the deactivation
of the school facility. For the lesser of the first 4 years
after the deactivation of the school facility or the length of
the deactivation agreement, including any renewals of the
original deactivation agreement, a supplementary State aid
reimbursement shall be paid to each receiving district equal to
the difference between the sum of the salaries earned by each
of the certificated members transferred to that receiving
district as a result of the deactivation while employed in the
sending district during the year immediately preceding the
deactivation and the sum of the salaries those certificated
members would have been paid during the year immediately
preceding the deactivation if placed on the salary schedule of
the sending or receiving district with the highest salary
schedule.
    (6) The supplementary State aid reimbursement under this
subsection (b) shall be treated as separate from all other
payments made pursuant to Section 18-8.05 of this Code. In the
case of the formation of a new district or cooperative high
school or a deactivation, reimbursement shall begin during the
first year of operation of the new district or cooperative high
school or the first year of the deactivation, and in the case
of an annexation of the territory of one or more school
districts by one or more other school districts or the
annexation of territory detached from a school district whereby
the enrollment of the annexing district increases by 90% or
more as a result of the annexation, reimbursement shall begin
during the first year when the change in boundaries
attributable to the annexation becomes effective for all
purposes as determined pursuant to Section 7-9 of this Code,
except that for an annexation of territory detached from a
school district that is effective on or after July 1, 2004, but
before January 11, 2008 (the effective date of Public Act
95-707) this amendatory Act of the 95th General Assembly,
whereby the enrollment of the annexing district increases by
90% or more as a result of the annexation, reimbursement shall
begin during the fiscal year of January 11, 2008 (the effective
date of Public Act 95-707) this amendatory Act of the 95th
General Assembly. Each year that the new, annexing, or
receiving district or cooperative high school, as the case may
be, is entitled to receive reimbursement, the number of
eligible certified members who are employed on October 1 in the
district or cooperative high school shall be certified to the
State Board of Education on prescribed forms by October 15 and
payment shall be made on or before November 15 of that year.
    (c)(1) For the first year after the formation of a combined
school district, as defined in Section 11E-20 of this Code or a
unit district, as defined in Section 11E-25 of this Code, a
computation shall be made totaling each previously existing
district's audited fund balances in the educational fund,
working cash fund, operations and maintenance fund, and
transportation fund for the year ending June 30 prior to the
referendum for the creation of the new district. The new
district shall be paid supplementary State aid equal to the sum
of the differences between the deficit of the previously
existing district with the smallest deficit and the deficits of
each of the other previously existing districts.
    (2) For the first year after the annexation of all of the
territory of one or more entire school districts by another
school district, as defined in Article 7 of this Code,
computations shall be made, for the year ending June 30 prior
to the date that the change of boundaries attributable to the
annexation is allowed by the affirmative decision issued by the
regional board of school trustees under Section 7-6 of this
Code, notwithstanding any effort to seek administrative review
of the decision, totaling the annexing district's and totaling
each annexed district's audited fund balances in their
respective educational, working cash, operations and
maintenance, and transportation funds. The annexing district
as constituted after the annexation shall be paid supplementary
State aid equal to the sum of the differences between the
deficit of whichever of the annexing or annexed districts as
constituted prior to the annexation had the smallest deficit
and the deficits of each of the other districts as constituted
prior to the annexation.
    (3) For the first year after the annexation of all of the
territory of one or more entire school districts by 2 or more
other school districts, as defined by Article 7 of this Code,
computations shall be made, for the year ending June 30 prior
to the date that the change of boundaries attributable to the
annexation is allowed by the affirmative decision of the
regional board of school trustees under Section 7-6 of this
Code, notwithstanding any action for administrative review of
the decision, totaling each annexing and annexed district's
audited fund balances in their respective educational, working
cash, operations and maintenance, and transportation funds.
The annexing districts as constituted after the annexation
shall be paid supplementary State aid, allocated as provided in
this paragraph (3), in an aggregate amount equal to the sum of
the differences between the deficit of whichever of the
annexing or annexed districts as constituted prior to the
annexation had the smallest deficit and the deficits of each of
the other districts as constituted prior to the annexation. The
aggregate amount of the supplementary State aid payable under
this paragraph (3) shall be allocated between or among the
annexing districts as follows:
        (A) the regional superintendent of schools for each
    educational service region in which an annexed district is
    located prior to the annexation shall certify to the State
    Board of Education, on forms that it shall provide for that
    purpose, the value of all taxable property in each annexed
    district, as last equalized or assessed by the Department
    of Revenue prior to the annexation, and the equalized
    assessed value of each part of the annexed district that
    was annexed to or included as a part of an annexing
    district;
        (B) using equalized assessed values as certified by the
    regional superintendent of schools under clause (A) of this
    paragraph (3), the combined audited fund balance deficit of
    each annexed district as determined under this Section
    shall be apportioned between or among the annexing
    districts in the same ratio as the equalized assessed value
    of that part of the annexed district that was annexed to or
    included as a part of an annexing district bears to the
    total equalized assessed value of the annexed district; and
        (C) the aggregate supplementary State aid payment
    under this paragraph (3) shall be allocated between or
    among, and shall be paid to, the annexing districts in the
    same ratio as the sum of the combined audited fund balance
    deficit of each annexing district as constituted prior to
    the annexation, plus all combined audited fund balance
    deficit amounts apportioned to that annexing district
    under clause (B) of this subsection, bears to the aggregate
    of the combined audited fund balance deficits of all of the
    annexing and annexed districts as constituted prior to the
    annexation.
    (4) For the new elementary districts and new high school
district formed through a school district conversion, as
defined in Section 11E-15 of this Code or the new elementary
district or districts and new combined high school - unit
district formed through a multi-unit conversion, as defined in
subsection (b) of Section 11E-30 of this Code, a computation
shall be made totaling each previously existing district's
audited fund balances in the educational fund, working cash
fund, operations and maintenance fund, and transportation fund
for the year ending June 30 prior to the referendum
establishing the new districts. In the first year of the new
districts, the State shall make a one-time supplementary
payment equal to the sum of the differences between the deficit
of the previously existing district with the smallest deficit
and the deficits of each of the other previously existing
districts. A district with a combined balance among the 4 funds
that is positive shall be considered to have a deficit of zero.
The supplementary payment shall be allocated among the newly
formed high school and elementary districts in the manner
provided by the petition for the formation of the districts, in
the form in which the petition is approved by the regional
superintendent of schools or State Superintendent of Education
under Section 11E-50 of this Code.
    (5) For each newly created partial elementary unit
district, as defined in subsection (a) or (c) of Section 11E-30
of this Code, a computation shall be made totaling the audited
fund balances of each previously existing district that formed
the new partial elementary unit district in the educational
fund, working cash fund, operations and maintenance fund, and
transportation fund for the year ending June 30 prior to the
referendum for the formation of the partial elementary unit
district. In the first year of the new partial elementary unit
district, the State shall make a one-time supplementary payment
to the new district equal to the sum of the differences between
the deficit of the previously existing district with the
smallest deficit and the deficits of each of the other
previously existing districts. A district with a combined
balance among the 4 funds that is positive shall be considered
to have a deficit of zero.
    (6) For an elementary opt-in as defined in subsection (d)
of Section 11E-30 of this Code, the deficit fund balance
incentive shall be computed in accordance with paragraph (5) of
this subsection (c) as if the opted-in elementary was included
in the optional elementary unit district at the optional
elementary unit district's original effective date. If the
calculation in this paragraph (6) is less than that calculated
in paragraph (5) of this subsection (c) at the optional
elementary unit district's original effective date, then no
adjustments may be made. If the calculation in this paragraph
(6) is more than that calculated in paragraph (5) of this
subsection (c) at the optional elementary unit district's
original effective date, then the excess must be paid as
follows:
        (A) If the effective date for the elementary opt-in is
    one year after the effective date for the optional
    elementary unit district, 100% of the calculated excess
    shall be paid to the optional elementary unit district in
    the first year after the effective date of the elementary
    opt-in.
        (B) If the effective date for the elementary opt-in is
    2 years after the effective date for the optional
    elementary unit district, 75% of the calculated excess
    shall be paid to the optional elementary unit district in
    the first year after the effective date of the elementary
    opt-in.
        (C) If the effective date for the elementary opt-in is
    3 years after the effective date for the optional
    elementary unit district, 50% of the calculated excess
    shall be paid to the optional elementary unit district in
    the first year after the effective date of the elementary
    opt-in.
        (D) If the effective date for the elementary opt-in is
    4 years after the effective date for the optional
    elementary unit district, 25% of the calculated excess
    shall be paid to the optional elementary unit district in
    the first year after the effective date of the elementary
    opt-in.
        (E) If the effective date for the elementary opt-in is
    5 years after the effective date for the optional
    elementary unit district, the optional elementary unit
    district is not eligible for any additional incentives due
    to the elementary opt-in.
    (6.5) For the first year after the annexation of territory
detached from another school district whereby the enrollment of
the annexing district increases by 90% or more as a result of
the annexation, a computation shall be made totaling the
audited fund balances of the district gaining territory and the
audited fund balances of the district losing territory in the
educational fund, working cash fund, operations and
maintenance fund, and transportation fund for the year ending
June 30 prior to the date that the change of boundaries
attributable to the annexation is allowed by the affirmative
decision of the regional board of school trustees under Section
7-6 of this Code, notwithstanding any action for administrative
review of the decision. The annexing district as constituted
after the annexation shall be paid supplementary State aid
equal to the difference between the deficit of whichever
district included in this calculation as constituted prior to
the annexation had the smallest deficit and the deficit of each
other district included in this calculation as constituted
prior to the annexation, multiplied by the ratio of equalized
assessed value of the territory detached to the total equalized
assessed value of the district losing territory. The regional
superintendent of schools for the educational service region in
which a district losing territory is located prior to the
annexation shall certify to the State Board of Education the
value of all taxable property in the district losing territory
and the value of all taxable property in the territory being
detached, as last equalized or assessed by the Department of
Revenue prior to the annexation. To be eligible for
supplementary State aid reimbursement under this Section, the
intergovernmental agreement to be submitted pursuant to
Section 7-14A of this Code must show that fund balances were
transferred from the district losing territory to the district
gaining territory in the annexation. The changes to this
Section made by Public Act 95-707 this amendatory Act of the
95th General Assembly are intended to be retroactive and
applicable to any annexation taking effect on or after July 1,
2004. For annexations that are eligible for payments under this
paragraph (6.5) and that are effective on or after July 1,
2004, but before January 11, 2008 (the effective date of Public
Act 95-707) this amendatory Act of the 95th General Assembly,
the required payment under this paragraph (6.5) shall be paid
in the fiscal year of January 11, 2008 (the effective date of
Public Act 95-707) this amendatory Act of the 95th General
Assembly.
    (7) For purposes of any calculation required under
paragraph (1), (2), (3), (4), (5), (6), or (6.5) of this
subsection (c), a district with a combined fund balance that is
positive shall be considered to have a deficit of zero. For
purposes of determining each district's audited fund balances
in its educational fund, working cash fund, operations and
maintenance fund, and transportation fund for the specified
year ending June 30, as provided in paragraphs (1), (2), (3),
(4), (5), (6), and (6.5) of this subsection (c), the balance of
each fund shall be deemed decreased by an amount equal to the
amount of the annual property tax theretofore levied in the
fund by the district for collection and payment to the district
during the calendar year in which the June 30 fell, but only to
the extent that the tax so levied in the fund actually was
received by the district on or before or comprised a part of
the fund on such June 30. For purposes of determining each
district's audited fund balances, a calculation shall be made
for each fund to determine the average for the 3 years prior to
the specified year ending June 30, as provided in paragraphs
(1), (2), (3), (4), (5), (6), and (6.5) of this subsection (c),
of the district's expenditures in the categories "purchased
services", "supplies and materials", and "capital outlay", as
those categories are defined in rules of the State Board of
Education. If this 3-year average is less than the district's
expenditures in these categories for the specified year ending
June 30, as provided in paragraphs (1), (2), (3), (4), (5),
(6), and (6.5) of this subsection (c), then the 3-year average
shall be used in calculating the amounts payable under this
Section in place of the amounts shown in these categories for
the specified year ending June 30, as provided in paragraphs
(1), (2), (3), (4), (5), (6), and (6.5) of this subsection (c).
Any deficit because of State aid not yet received may not be
considered in determining the June 30 deficits. The same basis
of accounting shall be used by all previously existing
districts and by all annexing or annexed districts, as
constituted prior to the annexation, in making any computation
required under paragraphs (1), (2), (3), (4), (5), (6), and
(6.5) of this subsection (c).
    (8) The supplementary State aid payments under this
subsection (c) shall be treated as separate from all other
payments made pursuant to Section 18-8.05 of this Code.
    (d)(1) Following the formation of a combined school
district, as defined in Section 11E-20 of this Code, a new unit
district, as defined in Section 11E-25 of this Code, a new
elementary district or districts and a new high school district
formed through a school district conversion, as defined in
Section 11E-15 of this Code, a new partial elementary unit
district, as defined in Section 11E-30 of this Code, or a new
elementary district or districts formed through a multi-unit
conversion, as defined in subsection (b) of Section 11E-30 of
this Code, or the annexation of all of the territory of one or
more entire school districts by one or more other school
districts, as defined in Article 7 of this Code, a
supplementary State aid reimbursement shall be paid for the
number of school years determined under the following table to
each new or annexing district equal to the sum of $4,000 for
each certified employee who is employed by the district on a
full-time basis for the regular term of the school year:
 
Reorganized District's RankReorganized District's Rank
by type of district (unit,in Average Daily Attendance

 
high school, elementary)By Quintile
in Equalized Assessed Value
Per Pupil by Quintile
3rd, 4th,
1st2ndor 5th
QuintileQuintileQuintile
    1st Quintile1 year1 year1 year
    2nd Quintile1 year2 years2 years
    3rd Quintile2 years3 years3 years
    4th Quintile2 years3 years3 years
    5th Quintile2 years3 years3 years
The State Board of Education shall make a one-time calculation
of a reorganized district's quintile ranks. The average daily
attendance used in this calculation shall be the best 3 months'
average daily attendance for the district's first year. The
equalized assessed value per pupil shall be the district's real
property equalized assessed value used in calculating the
district's first-year general State aid claim, under Section
18-8.05 of this Code, divided by the best 3 months' average
daily attendance.
    No annexing or resulting school district shall be entitled
to supplementary State aid under this subsection (d) unless the
district acquires at least 30% of the average daily attendance
of the district from which the territory is being detached or
divided.
    If a district results from multiple reorganizations that
would otherwise qualify the district for multiple payments
under this subsection (d) in any year, then the district shall
receive a single payment only for that year based solely on the
most recent reorganization.
    (2) For an elementary opt-in, as defined in subsection (d)
of Section 11E-30 of this Code, the full-time certified staff
incentive shall be computed in accordance with paragraph (1) of
this subsection (d), equal to the sum of $4,000 for each
certified employee of the elementary district that opts-in who
is employed by the optional elementary unit district on a
full-time basis for the regular term of the school year. The
calculation from this paragraph (2) must be paid as follows:
        (A) If the effective date for the elementary opt-in is
    one year after the effective date for the optional
    elementary unit district, 100% of the amount calculated in
    this paragraph (2) shall be paid to the optional elementary
    unit district for the number of years calculated in
    paragraph (1) of this subsection (d) at the optional
    elementary unit district's original effective date,
    starting in the second year after the effective date of the
    elementary opt-in.
        (B) If the effective date for the elementary opt-in is
    2 years after the effective date for the optional
    elementary unit district, 75% of the amount calculated in
    this paragraph (2) shall be paid to the optional elementary
    unit district for the number of years calculated in
    paragraph (1) of this subsection (d) at the optional
    elementary unit district's original effective date,
    starting in the second year after the effective date of the
    elementary opt-in.
        (C) If the effective date for the elementary opt-in is
    3 years after the effective date for the optional
    elementary unit district, 50% of the amount calculated in
    this paragraph (2) shall be paid to the optional elementary
    unit district for the number of years calculated in
    paragraph (1) of this subsection (d) at the optional
    elementary unit district's original effective date,
    starting in the second year after the effective date of the
    elementary opt-in.
        (D) If the effective date for the elementary opt-in is
    4 years after the effective date for the optional
    elementary unit district, 25% of the amount calculated in
    this paragraph (2) shall be paid to the optional elementary
    unit district for the number of years calculated in
    paragraph (1) of this subsection (d) at the optional
    elementary unit district's original effective date,
    starting in the second year after the effective date of the
    elementary opt-in.
        (E) If the effective date for the elementary opt-in is
    5 years after the effective date for the optional
    elementary unit district, the optional elementary unit
    district is not eligible for any additional incentives due
    to the elementary opt-in.
    (2.5) Following the formation of a cooperative high school
by 2 or more school districts under Section 10-22.22c of this
Code, a supplementary State aid reimbursement shall be paid for
3 school years to the cooperative high school equal to the sum
of $4,000 for each certified employee who is employed by the
cooperative high school on a full-time basis for the regular
term of any such school year. If a cooperative high school
results from multiple agreements that would otherwise qualify
the cooperative high school for multiple payments under this
Section in any year, the cooperative high school shall receive
a single payment for that year based solely on the most recent
agreement.
    (2.10) Following the annexation of territory detached from
another school district whereby the enrollment of the annexing
district increases 90% or more as a result of the annexation, a
supplementary State aid reimbursement shall be paid to the
annexing district equal to the sum of $4,000 for each certified
employee who is employed by the annexing district on a
full-time basis and shall be calculated in accordance with
subsection (a) of this Section. To be eligible for
supplementary State aid reimbursement under this Section, the
intergovernmental agreement to be submitted pursuant to
Section 7-14A of this Code must show that certified staff
members were transferred from the control of the district
losing territory to the control of the district gaining
territory in the annexation. The changes to this Section made
by Public Act 95-707 this amendatory Act of the 95th General
Assembly are intended to be retroactive and applicable to any
annexation taking effect on or after July 1, 2004. For
annexations that are eligible for payments under this paragraph
(2.10) and that are effective on or after July 1, 2004, but
before January 11, 2008 (the effective date of Public Act
95-707) this amendatory Act of the 95th General Assembly, the
first required yearly payment under this paragraph (2.10) shall
be paid in the second fiscal year after January 11, 2008 (the
effective date of Public Act 95-707) this amendatory Act of the
95th General Assembly. Any subsequent required yearly payments
shall be paid in subsequent fiscal years until the payment
obligation under this paragraph (2.10) is complete.
    (2.15) (2.10) Following the deactivation of a school
facility in accordance with Section 10-22.22b of this Code, a
supplementary State aid reimbursement shall be paid for the
lesser of 3 school years or the length of the deactivation
agreement, including any renewals of the original deactivation
agreement, to each receiving school district equal to the sum
of $4,000 for each certified employee who is employed by that
receiving district on a full-time basis for the regular term of
any such school year who was originally transferred to the
control of that receiving district as a result of the
deactivation. Receiving districts are eligible for payments
under this paragraph (2.15) (2.10) based on the certified
employees transferred to that receiving district as a result of
the deactivation and are not required to receive at least 30%
of the deactivating district's average daily attendance as
required under paragraph (1) of this subsection (d) to be
eligible for payments.
    (3) The supplementary State aid reimbursement payable
under this subsection (d) shall be separate from and in
addition to all other payments made to the district pursuant to
any other Section of this Article.
    (4) During May of each school year for which a
supplementary State aid reimbursement is to be paid to a new,
annexing, or receiving school district or cooperative high
school pursuant to this subsection (d), the school board or
governing board shall certify to the State Board of Education,
on forms furnished to the school board or governing board by
the State Board of Education for purposes of this subsection
(d), the number of certified employees for which the district
or cooperative high school is entitled to reimbursement under
this Section, together with the names, certificate numbers, and
positions held by the certified employees.
    (5) Upon certification by the State Board of Education to
the State Comptroller of the amount of the supplementary State
aid reimbursement to which a school district or cooperative
high school is entitled under this subsection (d), the State
Comptroller shall draw his or her warrant upon the State
Treasurer for the payment thereof to the school district or
cooperative high school and shall promptly transmit the payment
to the school district or cooperative high school through the
appropriate school treasurer.
(Source: P.A. 94-1019, eff. 7-10-06; incorporates P.A. 94-902,
eff. 7-1-06; 95-331, eff. 8-21-07; 95-707, eff. 1-11-08;
95-903, eff. 8-25-08; revised 9-5-08.)
 
    (105 ILCS 5/13-45)  (from Ch. 122, par. 13-45)
    Sec. 13-45. Other provisions of this Code shall not apply
to the Department of Juvenile Justice School District being all
of the following Articles and Sections: Articles 7, 8, 9, those
sections of Article 10 in conflict with any provisions of
Sections 13-40 through 13-45, and Articles 11, 12, 15, 17, 18,
19, 19A, 20, 22, 24, 26, 31, 32, 33, and 34, 35. Also Article 28
shall not apply except that this School District may use any
funds available from State, Federal and other funds for the
purchase of textbooks, apparatus and equipment.
(Source: P.A. 94-696, eff. 6-1-06; revised 1-30-08.)
 
    (105 ILCS 5/18-8.05)
    Sec. 18-8.05. Basis for apportionment of general State
financial aid and supplemental general State aid to the common
schools for the 1998-1999 and subsequent school years.
 
(A) General Provisions.
    (1) The provisions of this Section apply to the 1998-1999
and subsequent school years. The system of general State
financial aid provided for in this Section is designed to
assure that, through a combination of State financial aid and
required local resources, the financial support provided each
pupil in Average Daily Attendance equals or exceeds a
prescribed per pupil Foundation Level. This formula approach
imputes a level of per pupil Available Local Resources and
provides for the basis to calculate a per pupil level of
general State financial aid that, when added to Available Local
Resources, equals or exceeds the Foundation Level. The amount
of per pupil general State financial aid for school districts,
in general, varies in inverse relation to Available Local
Resources. Per pupil amounts are based upon each school
district's Average Daily Attendance as that term is defined in
this Section.
    (2) In addition to general State financial aid, school
districts with specified levels or concentrations of pupils
from low income households are eligible to receive supplemental
general State financial aid grants as provided pursuant to
subsection (H). The supplemental State aid grants provided for
school districts under subsection (H) shall be appropriated for
distribution to school districts as part of the same line item
in which the general State financial aid of school districts is
appropriated under this Section.
    (3) To receive financial assistance under this Section,
school districts are required to file claims with the State
Board of Education, subject to the following requirements:
        (a) Any school district which fails for any given
    school year to maintain school as required by law, or to
    maintain a recognized school is not eligible to file for
    such school year any claim upon the Common School Fund. In
    case of nonrecognition of one or more attendance centers in
    a school district otherwise operating recognized schools,
    the claim of the district shall be reduced in the
    proportion which the Average Daily Attendance in the
    attendance center or centers bear to the Average Daily
    Attendance in the school district. A "recognized school"
    means any public school which meets the standards as
    established for recognition by the State Board of
    Education. A school district or attendance center not
    having recognition status at the end of a school term is
    entitled to receive State aid payments due upon a legal
    claim which was filed while it was recognized.
        (b) School district claims filed under this Section are
    subject to Sections 18-9 and 18-12, except as otherwise
    provided in this Section.
        (c) If a school district operates a full year school
    under Section 10-19.1, the general State aid to the school
    district shall be determined by the State Board of
    Education in accordance with this Section as near as may be
    applicable.
        (d) (Blank).
    (4) Except as provided in subsections (H) and (L), the
board of any district receiving any of the grants provided for
in this Section may apply those funds to any fund so received
for which that board is authorized to make expenditures by law.
    School districts are not required to exert a minimum
Operating Tax Rate in order to qualify for assistance under
this Section.
    (5) As used in this Section the following terms, when
capitalized, shall have the meaning ascribed herein:
        (a) "Average Daily Attendance": A count of pupil
    attendance in school, averaged as provided for in
    subsection (C) and utilized in deriving per pupil financial
    support levels.
        (b) "Available Local Resources": A computation of
    local financial support, calculated on the basis of Average
    Daily Attendance and derived as provided pursuant to
    subsection (D).
        (c) "Corporate Personal Property Replacement Taxes":
    Funds paid to local school districts pursuant to "An Act in
    relation to the abolition of ad valorem personal property
    tax and the replacement of revenues lost thereby, and
    amending and repealing certain Acts and parts of Acts in
    connection therewith", certified August 14, 1979, as
    amended (Public Act 81-1st S.S.-1).
        (d) "Foundation Level": A prescribed level of per pupil
    financial support as provided for in subsection (B).
        (e) "Operating Tax Rate": All school district property
    taxes extended for all purposes, except Bond and Interest,
    Summer School, Rent, Capital Improvement, and Vocational
    Education Building purposes.
 
(B) Foundation Level.
    (1) The Foundation Level is a figure established by the
State representing the minimum level of per pupil financial
support that should be available to provide for the basic
education of each pupil in Average Daily Attendance. As set
forth in this Section, each school district is assumed to exert
a sufficient local taxing effort such that, in combination with
the aggregate of general State financial aid provided the
district, an aggregate of State and local resources are
available to meet the basic education needs of pupils in the
district.
    (2) For the 1998-1999 school year, the Foundation Level of
support is $4,225. For the 1999-2000 school year, the
Foundation Level of support is $4,325. For the 2000-2001 school
year, the Foundation Level of support is $4,425. For the
2001-2002 school year and 2002-2003 school year, the Foundation
Level of support is $4,560. For the 2003-2004 school year, the
Foundation Level of support is $4,810. For the 2004-2005 school
year, the Foundation Level of support is $4,964. For the
2005-2006 school year, the Foundation Level of support is
$5,164. For the 2006-2007 school year, the Foundation Level of
support is $5,334. For the 2007-2008 school year, the
Foundation Level of support is $5,734.
    (3) For the 2008-2009 school year and each school year
thereafter, the Foundation Level of support is $5,959 or such
greater amount as may be established by law by the General
Assembly.
 
(C) Average Daily Attendance.
    (1) For purposes of calculating general State aid pursuant
to subsection (E), an Average Daily Attendance figure shall be
utilized. The Average Daily Attendance figure for formula
calculation purposes shall be the monthly average of the actual
number of pupils in attendance of each school district, as
further averaged for the best 3 months of pupil attendance for
each school district. In compiling the figures for the number
of pupils in attendance, school districts and the State Board
of Education shall, for purposes of general State aid funding,
conform attendance figures to the requirements of subsection
(F).
    (2) The Average Daily Attendance figures utilized in
subsection (E) shall be the requisite attendance data for the
school year immediately preceding the school year for which
general State aid is being calculated or the average of the
attendance data for the 3 preceding school years, whichever is
greater. The Average Daily Attendance figures utilized in
subsection (H) shall be the requisite attendance data for the
school year immediately preceding the school year for which
general State aid is being calculated.
 
(D) Available Local Resources.
    (1) For purposes of calculating general State aid pursuant
to subsection (E), a representation of Available Local
Resources per pupil, as that term is defined and determined in
this subsection, shall be utilized. Available Local Resources
per pupil shall include a calculated dollar amount representing
local school district revenues from local property taxes and
from Corporate Personal Property Replacement Taxes, expressed
on the basis of pupils in Average Daily Attendance. Calculation
of Available Local Resources shall exclude any tax amnesty
funds received as a result of Public Act 93-26.
    (2) In determining a school district's revenue from local
property taxes, the State Board of Education shall utilize the
equalized assessed valuation of all taxable property of each
school district as of September 30 of the previous year. The
equalized assessed valuation utilized shall be obtained and
determined as provided in subsection (G).
    (3) For school districts maintaining grades kindergarten
through 12, local property tax revenues per pupil shall be
calculated as the product of the applicable equalized assessed
valuation for the district multiplied by 3.00%, and divided by
the district's Average Daily Attendance figure. For school
districts maintaining grades kindergarten through 8, local
property tax revenues per pupil shall be calculated as the
product of the applicable equalized assessed valuation for the
district multiplied by 2.30%, and divided by the district's
Average Daily Attendance figure. For school districts
maintaining grades 9 through 12, local property tax revenues
per pupil shall be the applicable equalized assessed valuation
of the district multiplied by 1.05%, and divided by the
district's Average Daily Attendance figure.
    For partial elementary unit districts created pursuant to
Article 11E of this Code, local property tax revenues per pupil
shall be calculated as the product of the equalized assessed
valuation for property within the partial elementary unit
district for elementary purposes, as defined in Article 11E of
this Code, multiplied by 2.06% and divided by the district's
Average Daily Attendance figure, plus the product of the
equalized assessed valuation for property within the partial
elementary unit district for high school purposes, as defined
in Article 11E of this Code, multiplied by 0.94% and divided by
the district's Average Daily Attendance figure.
    (4) The Corporate Personal Property Replacement Taxes paid
to each school district during the calendar year 2 years before
the calendar year in which a school year begins, divided by the
Average Daily Attendance figure for that district, shall be
added to the local property tax revenues per pupil as derived
by the application of the immediately preceding paragraph (3).
The sum of these per pupil figures for each school district
shall constitute Available Local Resources as that term is
utilized in subsection (E) in the calculation of general State
aid.
 
(E) Computation of General State Aid.
    (1) For each school year, the amount of general State aid
allotted to a school district shall be computed by the State
Board of Education as provided in this subsection.
    (2) For any school district for which Available Local
Resources per pupil is less than the product of 0.93 times the
Foundation Level, general State aid for that district shall be
calculated as an amount equal to the Foundation Level minus
Available Local Resources, multiplied by the Average Daily
Attendance of the school district.
    (3) For any school district for which Available Local
Resources per pupil is equal to or greater than the product of
0.93 times the Foundation Level and less than the product of
1.75 times the Foundation Level, the general State aid per
pupil shall be a decimal proportion of the Foundation Level
derived using a linear algorithm. Under this linear algorithm,
the calculated general State aid per pupil shall decline in
direct linear fashion from 0.07 times the Foundation Level for
a school district with Available Local Resources equal to the
product of 0.93 times the Foundation Level, to 0.05 times the
Foundation Level for a school district with Available Local
Resources equal to the product of 1.75 times the Foundation
Level. The allocation of general State aid for school districts
subject to this paragraph 3 shall be the calculated general
State aid per pupil figure multiplied by the Average Daily
Attendance of the school district.
    (4) For any school district for which Available Local
Resources per pupil equals or exceeds the product of 1.75 times
the Foundation Level, the general State aid for the school
district shall be calculated as the product of $218 multiplied
by the Average Daily Attendance of the school district.
    (5) The amount of general State aid allocated to a school
district for the 1999-2000 school year meeting the requirements
set forth in paragraph (4) of subsection (G) shall be increased
by an amount equal to the general State aid that would have
been received by the district for the 1998-1999 school year by
utilizing the Extension Limitation Equalized Assessed
Valuation as calculated in paragraph (4) of subsection (G) less
the general State aid allotted for the 1998-1999 school year.
This amount shall be deemed a one time increase, and shall not
affect any future general State aid allocations.
 
(F) Compilation of Average Daily Attendance.
    (1) Each school district shall, by July 1 of each year,
submit to the State Board of Education, on forms prescribed by
the State Board of Education, attendance figures for the school
year that began in the preceding calendar year. The attendance
information so transmitted shall identify the average daily
attendance figures for each month of the school year. Beginning
with the general State aid claim form for the 2002-2003 school
year, districts shall calculate Average Daily Attendance as
provided in subdivisions (a), (b), and (c) of this paragraph
(1).
        (a) In districts that do not hold year-round classes,
    days of attendance in August shall be added to the month of
    September and any days of attendance in June shall be added
    to the month of May.
        (b) In districts in which all buildings hold year-round
    classes, days of attendance in July and August shall be
    added to the month of September and any days of attendance
    in June shall be added to the month of May.
        (c) In districts in which some buildings, but not all,
    hold year-round classes, for the non-year-round buildings,
    days of attendance in August shall be added to the month of
    September and any days of attendance in June shall be added
    to the month of May. The average daily attendance for the
    year-round buildings shall be computed as provided in
    subdivision (b) of this paragraph (1). To calculate the
    Average Daily Attendance for the district, the average
    daily attendance for the year-round buildings shall be
    multiplied by the days in session for the non-year-round
    buildings for each month and added to the monthly
    attendance of the non-year-round buildings.
    Except as otherwise provided in this Section, days of
attendance by pupils shall be counted only for sessions of not
less than 5 clock hours of school work per day under direct
supervision of: (i) teachers, or (ii) non-teaching personnel or
volunteer personnel when engaging in non-teaching duties and
supervising in those instances specified in subsection (a) of
Section 10-22.34 and paragraph 10 of Section 34-18, with pupils
of legal school age and in kindergarten and grades 1 through
12.
    Days of attendance by tuition pupils shall be accredited
only to the districts that pay the tuition to a recognized
school.
    (2) Days of attendance by pupils of less than 5 clock hours
of school shall be subject to the following provisions in the
compilation of Average Daily Attendance.
        (a) Pupils regularly enrolled in a public school for
    only a part of the school day may be counted on the basis
    of 1/6 day for every class hour of instruction of 40
    minutes or more attended pursuant to such enrollment,
    unless a pupil is enrolled in a block-schedule format of 80
    minutes or more of instruction, in which case the pupil may
    be counted on the basis of the proportion of minutes of
    school work completed each day to the minimum number of
    minutes that school work is required to be held that day.
        (b) Days of attendance may be less than 5 clock hours
    on the opening and closing of the school term, and upon the
    first day of pupil attendance, if preceded by a day or days
    utilized as an institute or teachers' workshop.
        (c) A session of 4 or more clock hours may be counted
    as a day of attendance upon certification by the regional
    superintendent, and approved by the State Superintendent
    of Education to the extent that the district has been
    forced to use daily multiple sessions.
        (d) A session of 3 or more clock hours may be counted
    as a day of attendance (1) when the remainder of the school
    day or at least 2 hours in the evening of that day is
    utilized for an in-service training program for teachers,
    up to a maximum of 5 days per school year of which a
    maximum of 4 days of such 5 days may be used for
    parent-teacher conferences, provided a district conducts
    an in-service training program for teachers which has been
    approved by the State Superintendent of Education; or, in
    lieu of 4 such days, 2 full days may be used, in which
    event each such day may be counted as a day of attendance;
    and (2) when days in addition to those provided in item (1)
    are scheduled by a school pursuant to its school
    improvement plan adopted under Article 34 or its revised or
    amended school improvement plan adopted under Article 2,
    provided that (i) such sessions of 3 or more clock hours
    are scheduled to occur at regular intervals, (ii) the
    remainder of the school days in which such sessions occur
    are utilized for in-service training programs or other
    staff development activities for teachers, and (iii) a
    sufficient number of minutes of school work under the
    direct supervision of teachers are added to the school days
    between such regularly scheduled sessions to accumulate
    not less than the number of minutes by which such sessions
    of 3 or more clock hours fall short of 5 clock hours. Any
    full days used for the purposes of this paragraph shall not
    be considered for computing average daily attendance. Days
    scheduled for in-service training programs, staff
    development activities, or parent-teacher conferences may
    be scheduled separately for different grade levels and
    different attendance centers of the district.
        (e) A session of not less than one clock hour of
    teaching hospitalized or homebound pupils on-site or by
    telephone to the classroom may be counted as 1/2 day of
    attendance, however these pupils must receive 4 or more
    clock hours of instruction to be counted for a full day of
    attendance.
        (f) A session of at least 4 clock hours may be counted
    as a day of attendance for first grade pupils, and pupils
    in full day kindergartens, and a session of 2 or more hours
    may be counted as 1/2 day of attendance by pupils in
    kindergartens which provide only 1/2 day of attendance.
        (g) For children with disabilities who are below the
    age of 6 years and who cannot attend 2 or more clock hours
    because of their disability or immaturity, a session of not
    less than one clock hour may be counted as 1/2 day of
    attendance; however for such children whose educational
    needs so require a session of 4 or more clock hours may be
    counted as a full day of attendance.
        (h) A recognized kindergarten which provides for only
    1/2 day of attendance by each pupil shall not have more
    than 1/2 day of attendance counted in any one day. However,
    kindergartens may count 2 1/2 days of attendance in any 5
    consecutive school days. When a pupil attends such a
    kindergarten for 2 half days on any one school day, the
    pupil shall have the following day as a day absent from
    school, unless the school district obtains permission in
    writing from the State Superintendent of Education.
    Attendance at kindergartens which provide for a full day of
    attendance by each pupil shall be counted the same as
    attendance by first grade pupils. Only the first year of
    attendance in one kindergarten shall be counted, except in
    case of children who entered the kindergarten in their
    fifth year whose educational development requires a second
    year of kindergarten as determined under the rules and
    regulations of the State Board of Education.
        (i) On the days when the Prairie State Achievement
    Examination is administered under subsection (c) of
    Section 2-3.64 of this Code, the day of attendance for a
    pupil whose school day must be shortened to accommodate
    required testing procedures may be less than 5 clock hours
    and shall be counted towards the 176 days of actual pupil
    attendance required under Section 10-19 of this Code,
    provided that a sufficient number of minutes of school work
    in excess of 5 clock hours are first completed on other
    school days to compensate for the loss of school work on
    the examination days.
 
(G) Equalized Assessed Valuation Data.
    (1) For purposes of the calculation of Available Local
Resources required pursuant to subsection (D), the State Board
of Education shall secure from the Department of Revenue the
value as equalized or assessed by the Department of Revenue of
all taxable property of every school district, together with
(i) the applicable tax rate used in extending taxes for the
funds of the district as of September 30 of the previous year
and (ii) the limiting rate for all school districts subject to
property tax extension limitations as imposed under the
Property Tax Extension Limitation Law.
    The Department of Revenue shall add to the equalized
assessed value of all taxable property of each school district
situated entirely or partially within a county that is or was
subject to the provisions of Section 15-176 or 15-177 of the
Property Tax Code (a) an amount equal to the total amount by
which the homestead exemption allowed under Section 15-176 or
15-177 of the Property Tax Code for real property situated in
that school district exceeds the total amount that would have
been allowed in that school district if the maximum reduction
under Section 15-176 was (i) $4,500 in Cook County or $3,500 in
all other counties in tax year 2003 or (ii) $5,000 in all
counties in tax year 2004 and thereafter and (b) an amount
equal to the aggregate amount for the taxable year of all
additional exemptions under Section 15-175 of the Property Tax
Code for owners with a household income of $30,000 or less. The
county clerk of any county that is or was subject to the
provisions of Section 15-176 or 15-177 of the Property Tax Code
shall annually calculate and certify to the Department of
Revenue for each school district all homestead exemption
amounts under Section 15-176 or 15-177 of the Property Tax Code
and all amounts of additional exemptions under Section 15-175
of the Property Tax Code for owners with a household income of
$30,000 or less. It is the intent of this paragraph that if the
general homestead exemption for a parcel of property is
determined under Section 15-176 or 15-177 of the Property Tax
Code rather than Section 15-175, then the calculation of
Available Local Resources shall not be affected by the
difference, if any, between the amount of the general homestead
exemption allowed for that parcel of property under Section
15-176 or 15-177 of the Property Tax Code and the amount that
would have been allowed had the general homestead exemption for
that parcel of property been determined under Section 15-175 of
the Property Tax Code. It is further the intent of this
paragraph that if additional exemptions are allowed under
Section 15-175 of the Property Tax Code for owners with a
household income of less than $30,000, then the calculation of
Available Local Resources shall not be affected by the
difference, if any, because of those additional exemptions.
    This equalized assessed valuation, as adjusted further by
the requirements of this subsection, shall be utilized in the
calculation of Available Local Resources.
    (2) The equalized assessed valuation in paragraph (1) shall
be adjusted, as applicable, in the following manner:
        (a) For the purposes of calculating State aid under
    this Section, with respect to any part of a school district
    within a redevelopment project area in respect to which a
    municipality has adopted tax increment allocation
    financing pursuant to the Tax Increment Allocation
    Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11
    of the Illinois Municipal Code or the Industrial Jobs
    Recovery Law, Sections 11-74.6-1 through 11-74.6-50 of the
    Illinois Municipal Code, no part of the current equalized
    assessed valuation of real property located in any such
    project area which is attributable to an increase above the
    total initial equalized assessed valuation of such
    property shall be used as part of the equalized assessed
    valuation of the district, until such time as all
    redevelopment project costs have been paid, as provided in
    Section 11-74.4-8 of the Tax Increment Allocation
    Redevelopment Act or in Section 11-74.6-35 of the
    Industrial Jobs Recovery Law. For the purpose of the
    equalized assessed valuation of the district, the total
    initial equalized assessed valuation or the current
    equalized assessed valuation, whichever is lower, shall be
    used until such time as all redevelopment project costs
    have been paid.
        (b) The real property equalized assessed valuation for
    a school district shall be adjusted by subtracting from the
    real property value as equalized or assessed by the
    Department of Revenue for the district an amount computed
    by dividing the amount of any abatement of taxes under
    Section 18-170 of the Property Tax Code by 3.00% for a
    district maintaining grades kindergarten through 12, by
    2.30% for a district maintaining grades kindergarten
    through 8, or by 1.05% for a district maintaining grades 9
    through 12 and adjusted by an amount computed by dividing
    the amount of any abatement of taxes under subsection (a)
    of Section 18-165 of the Property Tax Code by the same
    percentage rates for district type as specified in this
    subparagraph (b).
    (3) For the 1999-2000 school year and each school year
thereafter, if a school district meets all of the criteria of
this subsection (G)(3), the school district's Available Local
Resources shall be calculated under subsection (D) using the
district's Extension Limitation Equalized Assessed Valuation
as calculated under this subsection (G)(3).
    For purposes of this subsection (G)(3) the following terms
shall have the following meanings:
        "Budget Year": The school year for which general State
    aid is calculated and awarded under subsection (E).
        "Base Tax Year": The property tax levy year used to
    calculate the Budget Year allocation of general State aid.
        "Preceding Tax Year": The property tax levy year
    immediately preceding the Base Tax Year.
        "Base Tax Year's Tax Extension": The product of the
    equalized assessed valuation utilized by the County Clerk
    in the Base Tax Year multiplied by the limiting rate as
    calculated by the County Clerk and defined in the Property
    Tax Extension Limitation Law.
        "Preceding Tax Year's Tax Extension": The product of
    the equalized assessed valuation utilized by the County
    Clerk in the Preceding Tax Year multiplied by the Operating
    Tax Rate as defined in subsection (A).
        "Extension Limitation Ratio": A numerical ratio,
    certified by the County Clerk, in which the numerator is
    the Base Tax Year's Tax Extension and the denominator is
    the Preceding Tax Year's Tax Extension.
        "Operating Tax Rate": The operating tax rate as defined
    in subsection (A).
    If a school district is subject to property tax extension
limitations as imposed under the Property Tax Extension
Limitation Law, the State Board of Education shall calculate
the Extension Limitation Equalized Assessed Valuation of that
district. For the 1999-2000 school year, the Extension
Limitation Equalized Assessed Valuation of a school district as
calculated by the State Board of Education shall be equal to
the product of the district's 1996 Equalized Assessed Valuation
and the district's Extension Limitation Ratio. For the
2000-2001 school year and each school year thereafter, the
Extension Limitation Equalized Assessed Valuation of a school
district as calculated by the State Board of Education shall be
equal to the product of the Equalized Assessed Valuation last
used in the calculation of general State aid and the district's
Extension Limitation Ratio. If the Extension Limitation
Equalized Assessed Valuation of a school district as calculated
under this subsection (G)(3) is less than the district's
equalized assessed valuation as calculated pursuant to
subsections (G)(1) and (G)(2), then for purposes of calculating
the district's general State aid for the Budget Year pursuant
to subsection (E), that Extension Limitation Equalized
Assessed Valuation shall be utilized to calculate the
district's Available Local Resources under subsection (D).
    Partial elementary unit districts created in accordance
with Article 11E of this Code shall not be eligible for the
adjustment in this subsection (G)(3) until the fifth year
following the effective date of the reorganization.
    (4) For the purposes of calculating general State aid for
the 1999-2000 school year only, if a school district
experienced a triennial reassessment on the equalized assessed
valuation used in calculating its general State financial aid
apportionment for the 1998-1999 school year, the State Board of
Education shall calculate the Extension Limitation Equalized
Assessed Valuation that would have been used to calculate the
district's 1998-1999 general State aid. This amount shall equal
the product of the equalized assessed valuation used to
calculate general State aid for the 1997-1998 school year and
the district's Extension Limitation Ratio. If the Extension
Limitation Equalized Assessed Valuation of the school district
as calculated under this paragraph (4) is less than the
district's equalized assessed valuation utilized in
calculating the district's 1998-1999 general State aid
allocation, then for purposes of calculating the district's
general State aid pursuant to paragraph (5) of subsection (E),
that Extension Limitation Equalized Assessed Valuation shall
be utilized to calculate the district's Available Local
Resources.
    (5) For school districts having a majority of their
equalized assessed valuation in any county except Cook, DuPage,
Kane, Lake, McHenry, or Will, if the amount of general State
aid allocated to the school district for the 1999-2000 school
year under the provisions of subsection (E), (H), and (J) of
this Section is less than the amount of general State aid
allocated to the district for the 1998-1999 school year under
these subsections, then the general State aid of the district
for the 1999-2000 school year only shall be increased by the
difference between these amounts. The total payments made under
this paragraph (5) shall not exceed $14,000,000. Claims shall
be prorated if they exceed $14,000,000.
 
(H) Supplemental General State Aid.
    (1) In addition to the general State aid a school district
is allotted pursuant to subsection (E), qualifying school
districts shall receive a grant, paid in conjunction with a
district's payments of general State aid, for supplemental
general State aid based upon the concentration level of
children from low-income households within the school
district. Supplemental State aid grants provided for school
districts under this subsection shall be appropriated for
distribution to school districts as part of the same line item
in which the general State financial aid of school districts is
appropriated under this Section. If the appropriation in any
fiscal year for general State aid and supplemental general
State aid is insufficient to pay the amounts required under the
general State aid and supplemental general State aid
calculations, then the State Board of Education shall ensure
that each school district receives the full amount due for
general State aid and the remainder of the appropriation shall
be used for supplemental general State aid, which the State
Board of Education shall calculate and pay to eligible
districts on a prorated basis.
    (1.5) This paragraph (1.5) applies only to those school
years preceding the 2003-2004 school year. For purposes of this
subsection (H), the term "Low-Income Concentration Level"
shall be the low-income eligible pupil count from the most
recently available federal census divided by the Average Daily
Attendance of the school district. If, however, (i) the
percentage decrease from the 2 most recent federal censuses in
the low-income eligible pupil count of a high school district
with fewer than 400 students exceeds by 75% or more the
percentage change in the total low-income eligible pupil count
of contiguous elementary school districts, whose boundaries
are coterminous with the high school district, or (ii) a high
school district within 2 counties and serving 5 elementary
school districts, whose boundaries are coterminous with the
high school district, has a percentage decrease from the 2 most
recent federal censuses in the low-income eligible pupil count
and there is a percentage increase in the total low-income
eligible pupil count of a majority of the elementary school
districts in excess of 50% from the 2 most recent federal
censuses, then the high school district's low-income eligible
pupil count from the earlier federal census shall be the number
used as the low-income eligible pupil count for the high school
district, for purposes of this subsection (H). The changes made
to this paragraph (1) by Public Act 92-28 shall apply to
supplemental general State aid grants for school years
preceding the 2003-2004 school year that are paid in fiscal
year 1999 or thereafter and to any State aid payments made in
fiscal year 1994 through fiscal year 1998 pursuant to
subsection 1(n) of Section 18-8 of this Code (which was
repealed on July 1, 1998), and any high school district that is
affected by Public Act 92-28 is entitled to a recomputation of
its supplemental general State aid grant or State aid paid in
any of those fiscal years. This recomputation shall not be
affected by any other funding.
    (1.10) This paragraph (1.10) applies to the 2003-2004
school year and each school year thereafter. For purposes of
this subsection (H), the term "Low-Income Concentration Level"
shall, for each fiscal year, be the low-income eligible pupil
count as of July 1 of the immediately preceding fiscal year (as
determined by the Department of Human Services based on the
number of pupils who are eligible for at least one of the
following low income programs: Medicaid, KidCare, TANF, or Food
Stamps, excluding pupils who are eligible for services provided
by the Department of Children and Family Services, averaged
over the 2 immediately preceding fiscal years for fiscal year
2004 and over the 3 immediately preceding fiscal years for each
fiscal year thereafter) divided by the Average Daily Attendance
of the school district.
    (2) Supplemental general State aid pursuant to this
subsection (H) shall be provided as follows for the 1998-1999,
1999-2000, and 2000-2001 school years only:
        (a) For any school district with a Low Income
    Concentration Level of at least 20% and less than 35%, the
    grant for any school year shall be $800 multiplied by the
    low income eligible pupil count.
        (b) For any school district with a Low Income
    Concentration Level of at least 35% and less than 50%, the
    grant for the 1998-1999 school year shall be $1,100
    multiplied by the low income eligible pupil count.
        (c) For any school district with a Low Income
    Concentration Level of at least 50% and less than 60%, the
    grant for the 1998-99 school year shall be $1,500
    multiplied by the low income eligible pupil count.
        (d) For any school district with a Low Income
    Concentration Level of 60% or more, the grant for the
    1998-99 school year shall be $1,900 multiplied by the low
    income eligible pupil count.
        (e) For the 1999-2000 school year, the per pupil amount
    specified in subparagraphs (b), (c), and (d) immediately
    above shall be increased to $1,243, $1,600, and $2,000,
    respectively.
        (f) For the 2000-2001 school year, the per pupil
    amounts specified in subparagraphs (b), (c), and (d)
    immediately above shall be $1,273, $1,640, and $2,050,
    respectively.
    (2.5) Supplemental general State aid pursuant to this
subsection (H) shall be provided as follows for the 2002-2003
school year:
        (a) For any school district with a Low Income
    Concentration Level of less than 10%, the grant for each
    school year shall be $355 multiplied by the low income
    eligible pupil count.
        (b) For any school district with a Low Income
    Concentration Level of at least 10% and less than 20%, the
    grant for each school year shall be $675 multiplied by the
    low income eligible pupil count.
        (c) For any school district with a Low Income
    Concentration Level of at least 20% and less than 35%, the
    grant for each school year shall be $1,330 multiplied by
    the low income eligible pupil count.
        (d) For any school district with a Low Income
    Concentration Level of at least 35% and less than 50%, the
    grant for each school year shall be $1,362 multiplied by
    the low income eligible pupil count.
        (e) For any school district with a Low Income
    Concentration Level of at least 50% and less than 60%, the
    grant for each school year shall be $1,680 multiplied by
    the low income eligible pupil count.
        (f) For any school district with a Low Income
    Concentration Level of 60% or more, the grant for each
    school year shall be $2,080 multiplied by the low income
    eligible pupil count.
    (2.10) Except as otherwise provided, supplemental general
State aid pursuant to this subsection (H) shall be provided as
follows for the 2003-2004 school year and each school year
thereafter:
        (a) For any school district with a Low Income
    Concentration Level of 15% or less, the grant for each
    school year shall be $355 multiplied by the low income
    eligible pupil count.
        (b) For any school district with a Low Income
    Concentration Level greater than 15%, the grant for each
    school year shall be $294.25 added to the product of $2,700
    and the square of the Low Income Concentration Level, all
    multiplied by the low income eligible pupil count.
    For the 2003-2004 school year and each school year
thereafter through the 2008-2009 school year only, the grant
shall be no less than the grant for the 2002-2003 school year.
For the 2009-2010 school year only, the grant shall be no less
than the grant for the 2002-2003 school year multiplied by
0.66. For the 2010-2011 school year only, the grant shall be no
less than the grant for the 2002-2003 school year multiplied by
0.33. Notwithstanding the provisions of this paragraph to the
contrary, if for any school year supplemental general State aid
grants are prorated as provided in paragraph (1) of this
subsection (H), then the grants under this paragraph shall be
prorated.
    For the 2003-2004 school year only, the grant shall be no
greater than the grant received during the 2002-2003 school
year added to the product of 0.25 multiplied by the difference
between the grant amount calculated under subsection (a) or (b)
of this paragraph (2.10), whichever is applicable, and the
grant received during the 2002-2003 school year. For the
2004-2005 school year only, the grant shall be no greater than
the grant received during the 2002-2003 school year added to
the product of 0.50 multiplied by the difference between the
grant amount calculated under subsection (a) or (b) of this
paragraph (2.10), whichever is applicable, and the grant
received during the 2002-2003 school year. For the 2005-2006
school year only, the grant shall be no greater than the grant
received during the 2002-2003 school year added to the product
of 0.75 multiplied by the difference between the grant amount
calculated under subsection (a) or (b) of this paragraph
(2.10), whichever is applicable, and the grant received during
the 2002-2003 school year.
    (3) School districts with an Average Daily Attendance of
more than 1,000 and less than 50,000 that qualify for
supplemental general State aid pursuant to this subsection
shall submit a plan to the State Board of Education prior to
October 30 of each year for the use of the funds resulting from
this grant of supplemental general State aid for the
improvement of instruction in which priority is given to
meeting the education needs of disadvantaged children. Such
plan shall be submitted in accordance with rules and
regulations promulgated by the State Board of Education.
    (4) School districts with an Average Daily Attendance of
50,000 or more that qualify for supplemental general State aid
pursuant to this subsection shall be required to distribute
from funds available pursuant to this Section, no less than
$261,000,000 in accordance with the following requirements:
        (a) The required amounts shall be distributed to the
    attendance centers within the district in proportion to the
    number of pupils enrolled at each attendance center who are
    eligible to receive free or reduced-price lunches or
    breakfasts under the federal Child Nutrition Act of 1966
    and under the National School Lunch Act during the
    immediately preceding school year.
        (b) The distribution of these portions of supplemental
    and general State aid among attendance centers according to
    these requirements shall not be compensated for or
    contravened by adjustments of the total of other funds
    appropriated to any attendance centers, and the Board of
    Education shall utilize funding from one or several sources
    in order to fully implement this provision annually prior
    to the opening of school.
        (c) Each attendance center shall be provided by the
    school district a distribution of noncategorical funds and
    other categorical funds to which an attendance center is
    entitled under law in order that the general State aid and
    supplemental general State aid provided by application of
    this subsection supplements rather than supplants the
    noncategorical funds and other categorical funds provided
    by the school district to the attendance centers.
        (d) Any funds made available under this subsection that
    by reason of the provisions of this subsection are not
    required to be allocated and provided to attendance centers
    may be used and appropriated by the board of the district
    for any lawful school purpose.
        (e) Funds received by an attendance center pursuant to
    this subsection shall be used by the attendance center at
    the discretion of the principal and local school council
    for programs to improve educational opportunities at
    qualifying schools through the following programs and
    services: early childhood education, reduced class size or
    improved adult to student classroom ratio, enrichment
    programs, remedial assistance, attendance improvement, and
    other educationally beneficial expenditures which
    supplement the regular and basic programs as determined by
    the State Board of Education. Funds provided shall not be
    expended for any political or lobbying purposes as defined
    by board rule.
        (f) Each district subject to the provisions of this
    subdivision (H)(4) shall submit an acceptable plan to meet
    the educational needs of disadvantaged children, in
    compliance with the requirements of this paragraph, to the
    State Board of Education prior to July 15 of each year.
    This plan shall be consistent with the decisions of local
    school councils concerning the school expenditure plans
    developed in accordance with part 4 of Section 34-2.3. The
    State Board shall approve or reject the plan within 60 days
    after its submission. If the plan is rejected, the district
    shall give written notice of intent to modify the plan
    within 15 days of the notification of rejection and then
    submit a modified plan within 30 days after the date of the
    written notice of intent to modify. Districts may amend
    approved plans pursuant to rules promulgated by the State
    Board of Education.
        Upon notification by the State Board of Education that
    the district has not submitted a plan prior to July 15 or a
    modified plan within the time period specified herein, the
    State aid funds affected by that plan or modified plan
    shall be withheld by the State Board of Education until a
    plan or modified plan is submitted.
        If the district fails to distribute State aid to
    attendance centers in accordance with an approved plan, the
    plan for the following year shall allocate funds, in
    addition to the funds otherwise required by this
    subsection, to those attendance centers which were
    underfunded during the previous year in amounts equal to
    such underfunding.
        For purposes of determining compliance with this
    subsection in relation to the requirements of attendance
    center funding, each district subject to the provisions of
    this subsection shall submit as a separate document by
    December 1 of each year a report of expenditure data for
    the prior year in addition to any modification of its
    current plan. If it is determined that there has been a
    failure to comply with the expenditure provisions of this
    subsection regarding contravention or supplanting, the
    State Superintendent of Education shall, within 60 days of
    receipt of the report, notify the district and any affected
    local school council. The district shall within 45 days of
    receipt of that notification inform the State
    Superintendent of Education of the remedial or corrective
    action to be taken, whether by amendment of the current
    plan, if feasible, or by adjustment in the plan for the
    following year. Failure to provide the expenditure report
    or the notification of remedial or corrective action in a
    timely manner shall result in a withholding of the affected
    funds.
        The State Board of Education shall promulgate rules and
    regulations to implement the provisions of this
    subsection. No funds shall be released under this
    subdivision (H)(4) to any district that has not submitted a
    plan that has been approved by the State Board of
    Education.
 
(I) (Blank).
 
(J) Supplementary Grants in Aid.
    (1) Notwithstanding any other provisions of this Section,
the amount of the aggregate general State aid in combination
with supplemental general State aid under this Section for
which each school district is eligible shall be no less than
the amount of the aggregate general State aid entitlement that
was received by the district under Section 18-8 (exclusive of
amounts received under subsections 5(p) and 5(p-5) of that
Section) for the 1997-98 school year, pursuant to the
provisions of that Section as it was then in effect. If a
school district qualifies to receive a supplementary payment
made under this subsection (J), the amount of the aggregate
general State aid in combination with supplemental general
State aid under this Section which that district is eligible to
receive for each school year shall be no less than the amount
of the aggregate general State aid entitlement that was
received by the district under Section 18-8 (exclusive of
amounts received under subsections 5(p) and 5(p-5) of that
Section) for the 1997-1998 school year, pursuant to the
provisions of that Section as it was then in effect.
    (2) If, as provided in paragraph (1) of this subsection
(J), a school district is to receive aggregate general State
aid in combination with supplemental general State aid under
this Section for the 1998-99 school year and any subsequent
school year that in any such school year is less than the
amount of the aggregate general State aid entitlement that the
district received for the 1997-98 school year, the school
district shall also receive, from a separate appropriation made
for purposes of this subsection (J), a supplementary payment
that is equal to the amount of the difference in the aggregate
State aid figures as described in paragraph (1).
    (3) (Blank).
 
(K) Grants to Laboratory and Alternative Schools.
    In calculating the amount to be paid to the governing board
of a public university that operates a laboratory school under
this Section or to any alternative school that is operated by a
regional superintendent of schools, the State Board of
Education shall require by rule such reporting requirements as
it deems necessary.
    As used in this Section, "laboratory school" means a public
school which is created and operated by a public university and
approved by the State Board of Education. The governing board
of a public university which receives funds from the State
Board under this subsection (K) may not increase the number of
students enrolled in its laboratory school from a single
district, if that district is already sending 50 or more
students, except under a mutual agreement between the school
board of a student's district of residence and the university
which operates the laboratory school. A laboratory school may
not have more than 1,000 students, excluding students with
disabilities in a special education program.
    As used in this Section, "alternative school" means a
public school which is created and operated by a Regional
Superintendent of Schools and approved by the State Board of
Education. Such alternative schools may offer courses of
instruction for which credit is given in regular school
programs, courses to prepare students for the high school
equivalency testing program or vocational and occupational
training. A regional superintendent of schools may contract
with a school district or a public community college district
to operate an alternative school. An alternative school serving
more than one educational service region may be established by
the regional superintendents of schools of the affected
educational service regions. An alternative school serving
more than one educational service region may be operated under
such terms as the regional superintendents of schools of those
educational service regions may agree.
    Each laboratory and alternative school shall file, on forms
provided by the State Superintendent of Education, an annual
State aid claim which states the Average Daily Attendance of
the school's students by month. The best 3 months' Average
Daily Attendance shall be computed for each school. The general
State aid entitlement shall be computed by multiplying the
applicable Average Daily Attendance by the Foundation Level as
determined under this Section.
 
(L) Payments, Additional Grants in Aid and Other Requirements.
    (1) For a school district operating under the financial
supervision of an Authority created under Article 34A, the
general State aid otherwise payable to that district under this
Section, but not the supplemental general State aid, shall be
reduced by an amount equal to the budget for the operations of
the Authority as certified by the Authority to the State Board
of Education, and an amount equal to such reduction shall be
paid to the Authority created for such district for its
operating expenses in the manner provided in Section 18-11. The
remainder of general State school aid for any such district
shall be paid in accordance with Article 34A when that Article
provides for a disposition other than that provided by this
Article.
    (2) (Blank).
    (3) Summer school. Summer school payments shall be made as
provided in Section 18-4.3.
 
(M) Education Funding Advisory Board.
    The Education Funding Advisory Board, hereinafter in this
subsection (M) referred to as the "Board", is hereby created.
The Board shall consist of 5 members who are appointed by the
Governor, by and with the advice and consent of the Senate. The
members appointed shall include representatives of education,
business, and the general public. One of the members so
appointed shall be designated by the Governor at the time the
appointment is made as the chairperson of the Board. The
initial members of the Board may be appointed any time after
the effective date of this amendatory Act of 1997. The regular
term of each member of the Board shall be for 4 years from the
third Monday of January of the year in which the term of the
member's appointment is to commence, except that of the 5
initial members appointed to serve on the Board, the member who
is appointed as the chairperson shall serve for a term that
commences on the date of his or her appointment and expires on
the third Monday of January, 2002, and the remaining 4 members,
by lots drawn at the first meeting of the Board that is held
after all 5 members are appointed, shall determine 2 of their
number to serve for terms that commence on the date of their
respective appointments and expire on the third Monday of
January, 2001, and 2 of their number to serve for terms that
commence on the date of their respective appointments and
expire on the third Monday of January, 2000. All members
appointed to serve on the Board shall serve until their
respective successors are appointed and confirmed. Vacancies
shall be filled in the same manner as original appointments. If
a vacancy in membership occurs at a time when the Senate is not
in session, the Governor shall make a temporary appointment
until the next meeting of the Senate, when he or she shall
appoint, by and with the advice and consent of the Senate, a
person to fill that membership for the unexpired term. If the
Senate is not in session when the initial appointments are
made, those appointments shall be made as in the case of
vacancies.
    The Education Funding Advisory Board shall be deemed
established, and the initial members appointed by the Governor
to serve as members of the Board shall take office, on the date
that the Governor makes his or her appointment of the fifth
initial member of the Board, whether those initial members are
then serving pursuant to appointment and confirmation or
pursuant to temporary appointments that are made by the
Governor as in the case of vacancies.
    The State Board of Education shall provide such staff
assistance to the Education Funding Advisory Board as is
reasonably required for the proper performance by the Board of
its responsibilities.
    For school years after the 2000-2001 school year, the
Education Funding Advisory Board, in consultation with the
State Board of Education, shall make recommendations as
provided in this subsection (M) to the General Assembly for the
foundation level under subdivision (B)(3) of this Section and
for the supplemental general State aid grant level under
subsection (H) of this Section for districts with high
concentrations of children from poverty. The recommended
foundation level shall be determined based on a methodology
which incorporates the basic education expenditures of
low-spending schools exhibiting high academic performance. The
Education Funding Advisory Board shall make such
recommendations to the General Assembly on January 1 of odd
numbered years, beginning January 1, 2001.
 
(N) (Blank).
 
(O) References.
    (1) References in other laws to the various subdivisions of
Section 18-8 as that Section existed before its repeal and
replacement by this Section 18-8.05 shall be deemed to refer to
the corresponding provisions of this Section 18-8.05, to the
extent that those references remain applicable.
    (2) References in other laws to State Chapter 1 funds shall
be deemed to refer to the supplemental general State aid
provided under subsection (H) of this Section.
 
(P) Public Act 93-838 and Public Act 93-808 make inconsistent
changes to this Section. Under Section 6 of the Statute on
Statutes there is an irreconcilable conflict between Public Act
93-808 and Public Act 93-838. Public Act 93-838, being the last
acted upon, is controlling. The text of Public Act 93-838 is
the law regardless of the text of Public Act 93-808.
(Source: P.A. 94-69, eff. 7-1-05; 94-438, eff. 8-4-05; 94-835,
eff. 6-6-06; 94-1019, eff. 7-10-06; 94-1105, eff. 6-1-07;
95-331, eff. 8-21-07; 95-644, eff. 10-12-07; 95-707, eff.
1-11-08; 95-744, eff. 7-18-08; 95-903, eff. 8-25-08; revised
9-5-08.)
 
    Section 150. The Critical Health Problems and
Comprehensive Health Education Act is amended by changing
Section 3 as follows:
 
    (105 ILCS 110/3)  (from Ch. 122, par. 863)
    Sec. 3. Comprehensive Health Education Program. The
program established under this Act shall include, but not be
limited to, the following major educational areas as a basis
for curricula in all elementary and secondary schools in this
State: human ecology and health, human growth and development,
the emotional, psychological, physiological, hygienic and
social responsibilities of family life, including sexual
abstinence until marriage, prevention and control of disease,
including instruction in grades 6 through 12 on the prevention,
transmission and spread of AIDS, sexual assault awareness in
secondary schools, public and environmental health, consumer
health, safety education and disaster survival, mental health
and illness, personal health habits, alcohol, drug use, and
abuse including the medical and legal ramifications of alcohol,
drug, and tobacco use, abuse during pregnancy, sexual
abstinence until marriage, tobacco, nutrition, and dental
health. The program shall also provide course material and
instruction to advise pupils of the Abandoned Newborn Infant
Protection Act. Notwithstanding the above educational areas,
the following areas may also be included as a basis for
curricula in all elementary and secondary schools in this
State: basic first aid (including, but not limited to,
cardiopulmonary resuscitation and the Heimlich maneuver),
early prevention and detection of cancer, heart disease,
diabetes, stroke, and the prevention of child abuse, neglect,
and suicide.
    The school board of each public elementary and secondary
school in the State shall encourage all teachers and other
school personnel to acquire, develop, and maintain the
knowledge and skills necessary to properly administer
life-saving techniques, including without limitation the
Heimlich maneuver and rescue breathing. The training shall be
in accordance with standards of the American Red Cross, the
American Heart Association, or another nationally recognized
certifying organization. A school board may use the services of
non-governmental entities whose personnel have expertise in
life-saving techniques to instruct teachers and other school
personnel in these techniques. Each school board is encouraged
to have in its employ, or on its volunteer staff, at least one
person who is certified, by the American Red Cross or by
another qualified certifying agency, as qualified to
administer first aid and cardiopulmonary resuscitation. In
addition, each school board is authorized to allocate
appropriate portions of its institute or inservice days to
conduct training programs for teachers and other school
personnel who have expressed an interest in becoming qualified
to administer emergency first aid or cardiopulmonary
resuscitation. School boards are urged to encourage their
teachers and other school personnel who coach school athletic
programs and other extracurricular school activities to
acquire, develop, and maintain the knowledge and skills
necessary to properly administer first aid and cardiopulmonary
resuscitation in accordance with standards and requirements
established by the American Red Cross or another qualified
certifying agency. Subject to appropriation, the State Board of
Education shall establish and administer a matching grant
program to pay for half of the cost that a school district
incurs in training those teachers and other school personnel
who express an interest in becoming qualified to administer
cardiopulmonary resuscitation (which training must be in
accordance with standards of the American Red Cross, the
American Heart Association, or another nationally recognized
certifying organization) or in learning how to use an automated
external defibrillator. A school district that applies for a
grant must demonstrate that it has funds to pay half of the
cost of the training for which matching grant money is sought.
The State Board of Education shall award the grants on a
first-come, first-serve basis.
    No pupil shall be required to take or participate in any
class or course on AIDS or family life instruction if his
parent or guardian submits written objection thereto, and
refusal to take or participate in the course or program shall
not be reason for suspension or expulsion of the pupil.
    Curricula developed under programs established in
accordance with this Act in the major educational area of
alcohol and drug use and abuse shall include classroom
instruction in grades 5 through 12. The instruction, which
shall include matters relating to both the physical and legal
effects and ramifications of drug and substance abuse, shall be
integrated into existing curricula; and the State Board of
Education shall develop and make available to all elementary
and secondary schools in this State instructional materials and
guidelines which will assist the schools in incorporating the
instruction into their existing curricula. In addition, school
districts may offer, as part of existing curricula during the
school day or as part of an after school program, support
services and instruction for pupils or pupils whose parent,
parents, or guardians are chemically dependent.
(Source: P.A. 94-933, eff. 6-26-06; 95-43, eff. 1-1-08; 95-764,
eff. 1-1-09; revised 9-5-08.)
 
    Section 155. The Vocational Education Act is amended by
changing Section 2 as follows:
 
    (105 ILCS 435/2)  (from Ch. 122, par. 697)
    Sec. 2. Upon the effective date of this amendatory Act of
1975 and thereafter, any reference in this Act or any other
Illinois statute to the Board of Vocational Education and
Rehabilitation, as such reference pertains to vocational and
technical education, means and refers to the State Board of
Education. Notwithstanding the provisions of any Act or statute
to the contrary, upon the effective date of this amendatory Act
of 1975, the State Board of Education shall assume all powers
and duties pertaining to vocational and technical education.
The State Board of Education shall be responsible for policy
and guidelines pertaining to vocational and technical
education and shall exercise the following powers and duties:
        (a) to co-operate with the federal government in the
    administration of the provisions of the Federal Vocational
    Education Law, to the extent and in the manner therein
    provided;
        (b) to promote and aid in the establishment of schools
    and classes of the types and standards provided for in the
    plans of the Board, as approved by the federal government,
    and to co-operate with State agencies maintaining such
    schools or classes and with State and local school
    authorities in the maintenance of such schools and classes;
        (c) to conduct and prepare investigations and studies
    in relation to vocational education and to publish the
    results of such investigations and studies;
        (d) to promulgate reasonable rules and regulations
    relating to vocational and technical education;
        (e) to report, in writing, to the Governor annually on
    or before the fourteenth day of January. The annual report
    shall contain (1) a statement to the extent to which
    vocational education has been established and maintained
    in the State; (2) a statement of the existing condition of
    vocational education in the State; (3) a statement of
    suggestions and recommendations with reference to the
    development of vocational education in the State; (4)
    (blank); and (5) an itemized statement of the amounts of
    money received from Federal and State sources, and of the
    objects and purposes to which the respective items of these
    several amounts have been devoted; and
        (f) to make such reports to the federal government as
    may be required by the provisions of the Federal Vocational
    Education Law, and by the rules and regulations of the
    federal agency administering the Federal Vocational
    Education Law; and .
        (g) to make grants subject to appropriation and to
    administer and promulgate rules and regulations to
    implement a vocational equipment program. The use of such
    grant funds shall be limited to obtaining equipment for
    vocational education programs, school shops and
    laboratories. The State Board of Education shall adopt
    appropriate regulations to administer this paragraph.
(Source: P.A. 95-793, eff. 1-1-09; revised 9-23-08.)
 
    Section 160. The Illinois Health Policy Center Act is
amended by changing Section 20 as follows:
 
    (110 ILCS 430/20)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 20. Advisory Panel.
    (a) The Illinois Health Policy Center Advisory Panel is
created. The Advisory Panel shall consist of 13 members as
follows:
        (1) Four legislators, appointed one each by 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.
        (2) One representative of each of the following groups,
    appointed by consensus of 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 upon the recommendations of those 4
    legislative leaders: hospitals; medical societies; managed
    care companies; and insurance companies.
        (3) One representative of patient advocacy groups,
    appointed by the Governor.
        (4) The Secretary Director of the Department of Human
    Services, or his or her designee.
        (5) The Director of the Department of Healthcare and
    Family Services, or his or her designee.
        (6) The Director of the Department of Public Health, or
    his or her designee.
        (7) One additional member, appointed by the Governor.
    (b) The Advisory Panel shall provide advice and oversight
concerning the creation and operation of the Illinois Health
Policy Center.
    (c) The Illinois Health Policy Center shall submit a report
each calendar year to the Governor and the General Assembly.
The report shall contain:
        (1) An itemized list of the source and amount of funds
    of the Illinois Health Policy Center.
        (2) An itemized list of expenditures made by the
    Illinois Health Policy Center.
        (3) A summary of research activities undertaken since
    the submission of the preceding report.
        (4) A description of advocacy activities undertaken
    since the submission of the preceding report.
(Source: P.A. 95-986, eff. 6-1-09; revised 10-23-08.)
 
    Section 165. The Higher Education Student Assistance Act is
amended by changing Section 25 as follows:
 
    (110 ILCS 947/25)
    Sec. 25. State scholar program.
    (a) An applicant is eligible to be designated a State
Scholar when the Commission finds the candidate:
        (1) is a resident of this State and a citizen or
    permanent resident of the United States;
        (2) has successfully completed the program of
    instruction at an approved high school, or is a student in
    good standing at such a school and is engaged in a program
    which in due course will be completed by the end of the
    academic year, and in either event that the candidate's
    academic standing is above the class median; and that the
    candidate has not had any university, college, normal
    school, private junior college or public community
    college, or other advanced training subsequent to
    graduation from high school; and
        (3) has superior capacity to profit by a higher
    education.
    (b) In determining an applicant's superior capacity to
profit by a higher education, the Commission shall consider the
candidate's scholastic record in high school and the results of
the examination conducted under the provisions of this Act. The
Commission shall establish by rule the minimum conditions of
eligibility in terms of the foregoing factors, and the relative
weight to be accorded to those factors.
    (c) The Commission shall base its State Scholar
designations upon the eligibility formula prescribed in its
rules, except that notwithstanding those rules or any other
provision of this Section, a student nominated by his or her
school shall be designated a State Scholar if that student
achieves an Illinois Standard Test Score at or above the 95th
percentile among students taking the designated examinations
in Illinois that year, as determined by the Commission.
    (d) The Commission shall obtain the results of a
competitive examination from the applicants. The examination
shall provide a measure of each candidate's ability to perform
college work and shall have demonstrated utility in such a
selection program. The Commission shall select, and designate
by rule, the specific examinations to be used in determining
the applicant's superior capacity to profit from a higher
education. Candidates may be asked by the Commission to take
those steps necessary to provide results of the designated
examination as part of their applications. Any nominal cost of
obtaining or providing the examination results shall be paid by
the candidate to the agency designated by the Commission to
provide the examination service. In the event that a candidate
or candidates are unable to participate in the examination for
financial reasons, the Commission may choose to pay the
examination fee on the candidate's or candidates' behalf. Any
notary fee which may also be required as part of the total
application shall be paid by the applicant.
    (e) The Commission shall award to each State Scholar a
certificate or other suitable form of recognition. The decision
to attend a non-qualified institution of higher learning shall
not disqualify applicants who are otherwise fully qualified.
    (f) Subject to appropriation, each State Scholar who
enrolls or is enrolled in an institution of higher learning in
this State shall also receive a one-time grant of $1,000 to be
applied to tuition and mandatory fees and paid directly to the
institution of higher learning. However, a student who has been
awarded a Merit Recognition Scholarship under Section 31 of
this Act may not be awarded a grant under this subsection (f),
although he or she may still be designated a State Scholar.
    (g) (f) The Commission shall conduct a study detailing all
of the following information:
        (1) The number of students designated State Scholars in
    2008 and 2009.
        (2) The number of State Scholars who applied to State
    universities in 2008 and 2009.
        (3) The number of State Scholars who were denied
    admittance into the State universities to which they
    applied in 2008 and 2009.
    All data collected from a State university in regards to
the study conducted under this subsection (g) (f) must be
verified by that university.
    On or before January 1, 2010, the Commission must submit a
report to the General Assembly that contains the findings of
the study conducted under this subsection (g) (f) and the
Commission's recommendations on how to make State universities
more accessible to State Scholars.
    (h) (g) The Commission shall adopt all necessary and proper
rules not inconsistent with this Section for its effective
implementation.
(Source: P.A. 95-715, eff. 1-1-09; 95-760, eff. 7-28-08;
revised 9-5-08.)
 
    Section 170. The Nursing Education Scholarship Law is
amended by changing Section 8 as follows:
 
    (110 ILCS 975/8)  (from Ch. 144, par. 2758)
    Sec. 8. Advisory Council. The Nurse Scholarship and
Baccalaureate Nursing Assistance Advisory Council created by
the Baccalaureate Assistance Law for Registered Nurses (now
repealed) shall assist and advise the Department in the
administration of this Article.
(Source: P.A. 86-1467; revised 1-22-08.)
 
    Section 175. The Nursing Home Care Act is amended by
changing Section 3-210 as follows:
 
    (210 ILCS 45/3-210)  (from Ch. 111 1/2, par. 4153-210)
    Sec. 3-210. A facility shall retain the following for
public inspection:
        (1) a complete copy of every inspection report of the
    facility received from the Department during the past 5
    years;
        (2) a copy of every order pertaining to the facility
    issued by the Department or a court during the past 5
    years;
        (3) a description of the services provided by the
    facility and the rates charged for those services and items
    for which a resident may be separately charged;
        (4) a copy of the statement of ownership required by
    Section 3-207;
        (5) a record of personnel employed or retained by the
    facility who are licensed, certified or registered by the
    Department of Professional Regulation; and
        (6) a complete copy of the most recent inspection
    report of the facility received from the Department; and .
        (7) a copy of the current Consumer Choice Information
    Report required by Section 2-214.
(Source: P.A. 95-823, eff. 1-1-09; revised 9-10-08.)
 
    Section 180. The Hospital Licensing Act is amended by
changing Section 10.10 as follows:
 
    (210 ILCS 85/10.10)
    Sec. 10.10. Nurse Staffing by Patient Acuity.
    (a) Findings. The Legislature finds and declares all of the
following:
        (1) The State of Illinois has a substantial interest in
    promoting quality care and improving the delivery of health
    care services.
        (2) Evidence-based studies have shown that the basic
    principles of staffing in the acute care setting should be
    based on the complexity of patients' care needs aligned
    with available nursing skills to promote quality patient
    care consistent with professional nursing standards.
        (3) Compliance with this Section promotes an
    organizational climate that values registered nurses'
    input in meeting the health care needs of hospital
    patients.
    (b) Definitions. As used in this Section:
    "Acuity model" means an assessment tool selected and
implemented by a hospital, as recommended by a nursing care
committee, that assesses the complexity of patient care needs
requiring professional nursing care and skills and aligns
patient care needs and nursing skills consistent with
professional nursing standards.
    "Department" means the Department of Public Health.
    "Direct patient care" means care provided by a registered
professional nurse with direct responsibility to oversee or
carry out medical regimens or nursing care for one or more
patients.
    "Nursing care committee" means an existing or newly created
hospital-wide committee or committees of nurses whose
functions, in part or in whole, contribute to the development,
recommendation, and review of the hospital's nurse staffing
plan established pursuant to subsection (d).
    "Registered professional nurse" means a person licensed as
a Registered Nurse under the Nurse Nursing and Advanced
Practice Nursing Act.
    "Written staffing plan for nursing care services" means a
written plan for guiding the assignment of patient care nursing
staff based on multiple nurse and patient considerations that
yield minimum staffing levels for inpatient care units and the
adopted acuity model aligning patient care needs with nursing
skills required for quality patient care consistent with
professional nursing standards.
    (c) Written staffing plan.
        (1) Every hospital shall implement a written
    hospital-wide staffing plan, recommended by a nursing care
    committee or committees, that provides for minimum direct
    care professional registered nurse-to-patient staffing
    needs for each inpatient care unit. The written
    hospital-wide staffing plan shall include, but need not be
    limited to, the following considerations:
            (A) The complexity of complete care, assessment on
        patient admission, volume of patient admissions,
        discharges and transfers, evaluation of the progress
        of a patient's problems, ongoing physical assessments,
        planning for a patient's discharge, assessment after a
        change in patient condition, and assessment of the need
        for patient referrals.
            (B) The complexity of clinical professional
        nursing judgment needed to design and implement a
        patient's nursing care plan, the need for specialized
        equipment and technology, the skill mix of other
        personnel providing or supporting direct patient care,
        and involvement in quality improvement activities,
        professional preparation, and experience.
            (C) Patient acuity and the number of patients for
        whom care is being provided.
            (D) The ongoing assessments of a unit's patient
        acuity levels and nursing staff needed shall be
        routinely made by the unit nurse manager or his or her
        designee.
            (E) The identification of additional registered
        nurses available for direct patient care when
        patients' unexpected needs exceed the planned workload
        for direct care staff.
        (2) In order to provide staffing flexibility to meet
    patient needs, every hospital shall identify an acuity
    model for adjusting the staffing plan for each inpatient
    care unit.
        (3) The written staffing plan shall be posted in a
    conspicuous and accessible location for both patients and
    direct care staff, as required under the Hospital Report
    Card Act.
    (d) Nursing care committee.
        (1) Every hospital shall have a nursing care committee.
    A hospital shall appoint members of a committee whereby at
    least 50% of the members are registered professional nurses
    providing direct patient care.
        (2) A nursing care committee's recommendations must be
    given significant regard and weight in the hospital's
    adoption and implementation of a written staffing plan.
        (3) A nursing care committee or committees shall
    recommend a written staffing plan for the hospital based on
    the principles from the staffing components set forth in
    subsection (c). In particular, a committee or committees
    shall provide input and feedback on the following:
            (A) Selection, implementation, and evaluation of
        minimum staffing levels for inpatient care units.
            (B) Selection, implementation, and evaluation of
        an acuity model to provide staffing flexibility that
        aligns changing patient acuity with nursing skills
        required.
            (C) Selection, implementation, and evaluation of a
        written staffing plan incorporating the items
        described in subdivisions (c)(1) and (c)(2) of this
        Section.
            (D) Review the following: nurse-to-patient
        staffing guidelines for all inpatient areas; and
        current acuity tools and measures in use.
        (4) A nursing care committee must address the items
    described in subparagraphs (A) through (D) of paragraph (3)
    semi-annually.
    (e) Nothing is this Section 10.10 shall be construed to
limit, alter, or modify any of the terms, conditions, or
provisions of a collective bargaining agreement entered into by
the hospital.
(Source: P.A. 95-401, eff. 1-1-08; revised 1-22-08.)
 
    Section 185. The Illinois Insurance Code is amended by
changing Sections 1, 80, 370c, and 511.108 and by setting forth
and renumbering multiple versions of Section 356z.11 as
follows:
 
    (215 ILCS 5/1)  (from Ch. 73, par. 613)
    Sec. 1. Short title. This Act shall be known and may be
cited as the "Illinois Insurance Code."
(Source: Laws 1937, p. 696; revised 10-28-08.)
 
    (215 ILCS 5/80)  (from Ch. 73, par. 692)
    (Section scheduled to be repealed on January 1, 2017)
    Sec. 80. Amendments to power of attorney and other
documents.
    (1) The attorney-in-fact of any reciprocal subject to the
provisions of this article may amend the declaration of
organization or power of attorney in any respect not in
violation of law, but may not amend such documents to insert
any provision prohibited, or to delete any provision required,
in original declarations of organization or powers of attorney
of a similar domestic reciprocal organized under this Code.
    (2) Amendments of the declarations of organization or
powers of attorney, shall be made in the following manner:
        (a) Amendment of declaration of organization. The
    attorney-in-fact shall sign and acknowledge, before an
    officer authorized to take acknowledgments, an amendment
    to the declaration of organization, in duplicate. When the
    attorney-in-fact is a corporation, such amendment shall be
    acknowledged by an officer thereof. The attorney-in-fact
    shall deliver such duplicate originals of the amendment to
    the Director. Such amendment may be approved or disapproved
    by the Director in the same manner as the original
    declaration of organization. If approved, the Director
    shall place on file in his office one of the duplicate
    originals of the amendment and shall endorse upon the other
    duplicate original his approval thereof and the month, day
    and year of such approval, and deliver it to the
    attorney-in-fact. The amendment shall be effective as of
    the date of the approval thereof by the Director.
        (b) Amendment of power of attorney. The
    attorney-in-fact shall deliver to the Director a copy of
    any form of power of attorney under or by virtue of which
    it is proposed that insurance is to be effected or
    exchanged, which varies from the form of any power of
    attorney previously filed with the Director by such
    attorney-in-fact, before the same shall be used by any
    reciprocal. Such power of attorney may be approved or
    disapproved by the Director in the same manner as the
    original power of attorney. If approved, the Director shall
    place on file in his office a duplicate original of the
    power of attorney and shall endorse upon the other
    duplicate original his approval thereof and the month, day
    and year of such approval, and deliver it to the
    attorney-in-fact. The amendment shall be effective as of
    the date of approval thereof by the Director.
(Source: Laws 1959, p. 627; revised 10-31-08.)
 
    (215 ILCS 5/356z.11)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 356z.11. Dependent students; medical leave of
absence. A group or individual policy of accident and health
insurance or managed care plan amended, delivered, issued, or
renewed after the effective date of this amendatory Act of the
95th General Assembly must continue to provide coverage for a
dependent college student who takes a medical leave of absence
or reduces his or her course load to part-time status because
of a catastrophic illness or injury.
    Continuation of coverage under this Section is subject to
all of the policy's terms and conditions applicable to those
forms of insurance. Continuation of insurance under the policy
shall terminate 12 months after notice of the illness or injury
or until the coverage would have otherwise lapsed pursuant to
the terms and conditions of the policy, whichever comes first,
provided the need for part-time status or medical leave of
absence is supported by a clinical certification of need from a
physician licensed to practice medicine in all its branches.
    The provisions of this Section do not apply to short-term
travel, accident-only, limited, or specified disease policies
or to policies or contracts designed for issuance to persons
eligible for coverage under Title XVIII of the Social Security
Act, known as Medicare, or any other similar coverage under
State or federal governmental plans.
(Source: P.A. 95-958, eff. 6-1-09.)
 
    (215 ILCS 5/356z.13)
    Sec. 356z.13 356z.11. Shingles vaccine. A group or
individual policy of accident and health insurance or managed
care plan amended, delivered, issued, or renewed after the
effective date of the amendatory Act of this 95th General
Assembly must provide coverage for a vaccine for shingles that
is approved for marketing by the federal Food and Drug
Administration if the vaccine is ordered by a physician
licensed to practice medicine in all its branches and the
enrollee is 60 years of age or older.
(Source: P.A. 95-978, eff. 1-1-09; revised 10-14-08.)
 
    (215 ILCS 5/370c)  (from Ch. 73, par. 982c)
    Sec. 370c. Mental and emotional disorders.
    (a) (1) On and after the effective date of this Section,
every insurer which delivers, issues for delivery or renews or
modifies group A&H policies providing coverage for hospital or
medical treatment or services for illness on an
expense-incurred basis shall offer to the applicant or group
policyholder subject to the insurers standards of
insurability, coverage for reasonable and necessary treatment
and services for mental, emotional or nervous disorders or
conditions, other than serious mental illnesses as defined in
item (2) of subsection (b), up to the limits provided in the
policy for other disorders or conditions, except (i) the
insured may be required to pay up to 50% of expenses incurred
as a result of the treatment or services, and (ii) the annual
benefit limit may be limited to the lesser of $10,000 or 25% of
the lifetime policy limit.
    (2) Each insured that is covered for mental, emotional or
nervous disorders or conditions shall be free to select the
physician licensed to practice medicine in all its branches,
licensed clinical psychologist, licensed clinical social
worker, licensed clinical professional counselor, or licensed
marriage and family therapist of his choice to treat such
disorders, and the insurer shall pay the covered charges of
such physician licensed to practice medicine in all its
branches, licensed clinical psychologist, licensed clinical
social worker, licensed clinical professional counselor, or
licensed marriage and family therapist up to the limits of
coverage, provided (i) the disorder or condition treated is
covered by the policy, and (ii) the physician, licensed
psychologist, licensed clinical social worker, licensed
clinical professional counselor, or licensed marriage and
family therapist is authorized to provide said services under
the statutes of this State and in accordance with accepted
principles of his profession.
    (3) Insofar as this Section applies solely to licensed
clinical social workers, licensed clinical professional
counselors, and licensed marriage and family therapists, those
persons who may provide services to individuals shall do so
after the licensed clinical social worker, licensed clinical
professional counselor, or licensed marriage and family
therapist has informed the patient of the desirability of the
patient conferring with the patient's primary care physician
and the licensed clinical social worker, licensed clinical
professional counselor, or licensed marriage and family
therapist has provided written notification to the patient's
primary care physician, if any, that services are being
provided to the patient. That notification may, however, be
waived by the patient on a written form. Those forms shall be
retained by the licensed clinical social worker, licensed
clinical professional counselor, or licensed marriage and
family therapist for a period of not less than 5 years.
    (b) (1) An insurer that provides coverage for hospital or
medical expenses under a group policy of accident and health
insurance or health care plan amended, delivered, issued, or
renewed after the effective date of this amendatory Act of the
92nd General Assembly shall provide coverage under the policy
for treatment of serious mental illness under the same terms
and conditions as coverage for hospital or medical expenses
related to other illnesses and diseases. The coverage required
under this Section must provide for same durational limits,
amount limits, deductibles, and co-insurance requirements for
serious mental illness as are provided for other illnesses and
diseases. This subsection does not apply to coverage provided
to employees by employers who have 50 or fewer employees.
    (2) "Serious mental illness" means the following
psychiatric illnesses as defined in the most current edition of
the Diagnostic and Statistical Manual (DSM) published by the
American Psychiatric Association:
        (A) schizophrenia;
        (B) paranoid and other psychotic disorders;
        (C) bipolar disorders (hypomanic, manic, depressive,
    and mixed);
        (D) major depressive disorders (single episode or
    recurrent);
        (E) schizoaffective disorders (bipolar or depressive);
        (F) pervasive developmental disorders;
        (G) obsessive-compulsive disorders;
        (H) depression in childhood and adolescence;
        (I) panic disorder;
        (J) post-traumatic stress disorders (acute, chronic,
    or with delayed onset); and
        (K) anorexia nervosa and bulimia nervosa.
    (3) Upon request of the reimbursing insurer, a provider of
treatment of serious mental illness shall furnish medical
records or other necessary data that substantiate that initial
or continued treatment is at all times medically necessary. An
insurer shall provide a mechanism for the timely review by a
provider holding the same license and practicing in the same
specialty as the patient's provider, who is unaffiliated with
the insurer, jointly selected by the patient (or the patient's
next of kin or legal representative if the patient is unable to
act for himself or herself), the patient's provider, and the
insurer in the event of a dispute between the insurer and
patient's provider regarding the medical necessity of a
treatment proposed by a patient's provider. If the reviewing
provider determines the treatment to be medically necessary,
the insurer shall provide reimbursement for the treatment.
Future contractual or employment actions by the insurer
regarding the patient's provider may not be based on the
provider's participation in this procedure. Nothing prevents
the insured from agreeing in writing to continue treatment at
his or her expense. When making a determination of the medical
necessity for a treatment modality for serous mental illness,
an insurer must make the determination in a manner that is
consistent with the manner used to make that determination with
respect to other diseases or illnesses covered under the
policy, including an appeals process.
    (4) A group health benefit plan:
        (A) shall provide coverage based upon medical
    necessity for the following treatment of mental illness in
    each calendar year:
            (i) 45 days of inpatient treatment; and
            (ii) beginning on June 26, 2006 (the effective date
        of Public Act 94-921), 60 visits for outpatient
        treatment including group and individual outpatient
        treatment; and
            (iii) for plans or policies delivered, issued for
        delivery, renewed, or modified after January 1, 2007
        (the effective date of Public Act 94-906), 20
        additional outpatient visits for speech therapy for
        treatment of pervasive developmental disorders that
        will be in addition to speech therapy provided pursuant
        to item (ii) of this subparagraph (A);
        (B) may not include a lifetime limit on the number of
    days of inpatient treatment or the number of outpatient
    visits covered under the plan; and
        (C) shall include the same amount limits, deductibles,
    copayments, and coinsurance factors for serious mental
    illness as for physical illness.
    (5) An issuer of a group health benefit plan may not count
toward the number of outpatient visits required to be covered
under this Section an outpatient visit for the purpose of
medication management and shall cover the outpatient visits
under the same terms and conditions as it covers outpatient
visits for the treatment of physical illness.
    (6) An issuer of a group health benefit plan may provide or
offer coverage required under this Section through a managed
care plan.
    (7) This Section shall not be interpreted to require a
group health benefit plan to provide coverage for treatment of:
        (A) an addiction to a controlled substance or cannabis
    that is used in violation of law; or
        (B) mental illness resulting from the use of a
    controlled substance or cannabis in violation of law.
    (8) (Blank).
(Source: P.A. 94-402, eff. 8-2-05; 94-584, eff. 8-15-05;
94-906, eff. 1-1-07; 94-921, eff. 6-26-06; 95-331, eff.
8-21-07; 95-972, eff. 9-22-08; 95-973, eff. 1-1-09; revised
10-14-08.)
 
    (215 ILCS 5/511.108)  (from Ch. 73, par. 1065.58-108)
    (Section scheduled to be repealed on January 1, 2017)
    Sec. 511.108. Felony Convictions. (a) Any administrator
and any individual listed on the application as required by
Section 511.103, who is convicted of a felony shall report such
conviction to the Director within 30 days of the entry date of
the judgment. Within that 30-day 30 day period, the
administrator shall also provide the Director with a copy of
the judgment, the probation or commitment order and any other
relevant documents.
(Source: P.A. 84-887; revised 10-31-08.)
 
    Section 190. The Children's Health Insurance Program Act is
amended by changing Section 40 as follows:
 
    (215 ILCS 106/40)
    Sec. 40. Waivers.
    (a) The Department shall request any necessary waivers of
federal requirements in order to allow receipt of federal
funding for:
        (1) the coverage of families with eligible children
    under this Act; and
        (2) for the coverage of children who would otherwise be
    eligible under this Act, but who have health insurance.
    (b) The failure of the responsible federal agency to
approve a waiver for children who would otherwise be eligible
under this Act but who have health insurance shall not prevent
the implementation of any Section of this Act provided that
there are sufficient appropriated funds.
    (c) Eligibility of a person under an approved waiver due to
the relationship with a child pursuant to Article V of the
Illinois Public Aid Code or this Act shall be limited to such a
person whose countable income is determined by the Department
to be at or below such income eligibility standard as the
Department by rule shall establish. The income level
established by the Department shall not be below 90% of the
federal poverty level. Such persons who are determined to be
eligible must reapply, or otherwise establish eligibility, at
least annually. An eligible person shall be required, as
determined by the Department by rule, to report promptly those
changes in income and other circumstances that affect
eligibility. The eligibility of a person may be redetermined
based on the information reported or may be terminated based on
the failure to report or failure to report accurately. A person
may also be held liable to the Department for any payments made
by the Department on such person's behalf that were
inappropriate. An applicant shall be provided with notice of
these obligations.
(Source: P.A. 92-597, eff. 6-28-02; 93-63, eff. 6-30-03;
revised 10-23-08.)
 
    Section 195. The Health Maintenance Organization Act is
amended by changing Section 5-3 as follows:
 
    (215 ILCS 125/5-3)  (from Ch. 111 1/2, par. 1411.2)
    (Text of Section before amendment by P.A. 95-958)
    Sec. 5-3. Insurance Code provisions.
    (a) Health Maintenance Organizations shall be subject to
the provisions of Sections 133, 134, 137, 140, 141.1, 141.2,
141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5,
154.6, 154.7, 154.8, 155.04, 355.2, 356m, 356v, 356w, 356x,
356y, 356z.2, 356z.4, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10,
356z.13 356z.11, 364.01, 367.2, 367.2-5, 367i, 368a, 368b,
368c, 368d, 368e, 370c, 401, 401.1, 402, 403, 403A, 408, 408.2,
409, 412, 444, and 444.1, paragraph (c) of subsection (2) of
Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2, XIII,
XIII 1/2, XXV, and XXVI of the Illinois Insurance Code.
    (b) For purposes of the Illinois Insurance Code, except for
Sections 444 and 444.1 and Articles XIII and XIII 1/2, Health
Maintenance Organizations in the following categories are
deemed to be "domestic companies":
        (1) a corporation authorized under the Dental Service
    Plan Act or the Voluntary Health Services Plans Act;
        (2) a corporation organized under the laws of this
    State; or
        (3) a corporation organized under the laws of another
    state, 30% or more of the enrollees of which are residents
    of this State, except a corporation subject to
    substantially the same requirements in its state of
    organization as is a "domestic company" under Article VIII
    1/2 of the Illinois Insurance Code.
    (c) In considering the merger, consolidation, or other
acquisition of control of a Health Maintenance Organization
pursuant to Article VIII 1/2 of the Illinois Insurance Code,
        (1) the Director shall give primary consideration to
    the continuation of benefits to enrollees and the financial
    conditions of the acquired Health Maintenance Organization
    after the merger, consolidation, or other acquisition of
    control takes effect;
        (2)(i) the criteria specified in subsection (1)(b) of
    Section 131.8 of the Illinois Insurance Code shall not
    apply and (ii) the Director, in making his determination
    with respect to the merger, consolidation, or other
    acquisition of control, need not take into account the
    effect on competition of the merger, consolidation, or
    other acquisition of control;
        (3) the Director shall have the power to require the
    following information:
            (A) certification by an independent actuary of the
        adequacy of the reserves of the Health Maintenance
        Organization sought to be acquired;
            (B) pro forma financial statements reflecting the
        combined balance sheets of the acquiring company and
        the Health Maintenance Organization sought to be
        acquired as of the end of the preceding year and as of
        a date 90 days prior to the acquisition, as well as pro
        forma financial statements reflecting projected
        combined operation for a period of 2 years;
            (C) a pro forma business plan detailing an
        acquiring party's plans with respect to the operation
        of the Health Maintenance Organization sought to be
        acquired for a period of not less than 3 years; and
            (D) such other information as the Director shall
        require.
    (d) The provisions of Article VIII 1/2 of the Illinois
Insurance Code and this Section 5-3 shall apply to the sale by
any health maintenance organization of greater than 10% of its
enrollee population (including without limitation the health
maintenance organization's right, title, and interest in and to
its health care certificates).
    (e) In considering any management contract or service
agreement subject to Section 141.1 of the Illinois Insurance
Code, the Director (i) shall, in addition to the criteria
specified in Section 141.2 of the Illinois Insurance Code, take
into account the effect of the management contract or service
agreement on the continuation of benefits to enrollees and the
financial condition of the health maintenance organization to
be managed or serviced, and (ii) need not take into account the
effect of the management contract or service agreement on
competition.
    (f) Except for small employer groups as defined in the
Small Employer Rating, Renewability and Portability Health
Insurance Act and except for medicare supplement policies as
defined in Section 363 of the Illinois Insurance Code, a Health
Maintenance Organization may by contract agree with a group or
other enrollment unit to effect refunds or charge additional
premiums under the following terms and conditions:
        (i) the amount of, and other terms and conditions with
    respect to, the refund or additional premium are set forth
    in the group or enrollment unit contract agreed in advance
    of the period for which a refund is to be paid or
    additional premium is to be charged (which period shall not
    be less than one year); and
        (ii) the amount of the refund or additional premium
    shall not exceed 20% of the Health Maintenance
    Organization's profitable or unprofitable experience with
    respect to the group or other enrollment unit for the
    period (and, for purposes of a refund or additional
    premium, the profitable or unprofitable experience shall
    be calculated taking into account a pro rata share of the
    Health Maintenance Organization's administrative and
    marketing expenses, but shall not include any refund to be
    made or additional premium to be paid pursuant to this
    subsection (f)). The Health Maintenance Organization and
    the group or enrollment unit may agree that the profitable
    or unprofitable experience may be calculated taking into
    account the refund period and the immediately preceding 2
    plan years.
    The Health Maintenance Organization shall include a
statement in the evidence of coverage issued to each enrollee
describing the possibility of a refund or additional premium,
and upon request of any group or enrollment unit, provide to
the group or enrollment unit a description of the method used
to calculate (1) the Health Maintenance Organization's
profitable experience with respect to the group or enrollment
unit and the resulting refund to the group or enrollment unit
or (2) the Health Maintenance Organization's unprofitable
experience with respect to the group or enrollment unit and the
resulting additional premium to be paid by the group or
enrollment unit.
    In no event shall the Illinois Health Maintenance
Organization Guaranty Association be liable to pay any
contractual obligation of an insolvent organization to pay any
refund authorized under this Section.
(Source: P.A. 94-906, eff. 1-1-07; 94-1076, eff. 12-29-06;
95-422, eff. 8-24-07; 95-520, eff. 8-28-07; 95-876, eff.
8-21-08; 95-978, eff. 1-1-09; revised 10-15-08.)
 
    (Text of Section after amendment by P.A. 95-958)
    Sec. 5-3. Insurance Code provisions.
    (a) Health Maintenance Organizations shall be subject to
the provisions of Sections 133, 134, 137, 140, 141.1, 141.2,
141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154, 154.5,
154.6, 154.7, 154.8, 155.04, 355.2, 356m, 356v, 356w, 356x,
356y, 356z.2, 356z.4, 356z.5, 356z.6, 356z.8, 356z.9, 356z.10,
356z.11, 356z.12, 356z.13 356z.11, 364.01, 367.2, 367.2-5,
367i, 368a, 368b, 368c, 368d, 368e, 370c, 401, 401.1, 402, 403,
403A, 408, 408.2, 409, 412, 444, and 444.1, paragraph (c) of
subsection (2) of Section 367, and Articles IIA, VIII 1/2, XII,
XII 1/2, XIII, XIII 1/2, XXV, and XXVI of the Illinois
Insurance Code.
    (b) For purposes of the Illinois Insurance Code, except for
Sections 444 and 444.1 and Articles XIII and XIII 1/2, Health
Maintenance Organizations in the following categories are
deemed to be "domestic companies":
        (1) a corporation authorized under the Dental Service
    Plan Act or the Voluntary Health Services Plans Act;
        (2) a corporation organized under the laws of this
    State; or
        (3) a corporation organized under the laws of another
    state, 30% or more of the enrollees of which are residents
    of this State, except a corporation subject to
    substantially the same requirements in its state of
    organization as is a "domestic company" under Article VIII
    1/2 of the Illinois Insurance Code.
    (c) In considering the merger, consolidation, or other
acquisition of control of a Health Maintenance Organization
pursuant to Article VIII 1/2 of the Illinois Insurance Code,
        (1) the Director shall give primary consideration to
    the continuation of benefits to enrollees and the financial
    conditions of the acquired Health Maintenance Organization
    after the merger, consolidation, or other acquisition of
    control takes effect;
        (2)(i) the criteria specified in subsection (1)(b) of
    Section 131.8 of the Illinois Insurance Code shall not
    apply and (ii) the Director, in making his determination
    with respect to the merger, consolidation, or other
    acquisition of control, need not take into account the
    effect on competition of the merger, consolidation, or
    other acquisition of control;
        (3) the Director shall have the power to require the
    following information:
            (A) certification by an independent actuary of the
        adequacy of the reserves of the Health Maintenance
        Organization sought to be acquired;
            (B) pro forma financial statements reflecting the
        combined balance sheets of the acquiring company and
        the Health Maintenance Organization sought to be
        acquired as of the end of the preceding year and as of
        a date 90 days prior to the acquisition, as well as pro
        forma financial statements reflecting projected
        combined operation for a period of 2 years;
            (C) a pro forma business plan detailing an
        acquiring party's plans with respect to the operation
        of the Health Maintenance Organization sought to be
        acquired for a period of not less than 3 years; and
            (D) such other information as the Director shall
        require.
    (d) The provisions of Article VIII 1/2 of the Illinois
Insurance Code and this Section 5-3 shall apply to the sale by
any health maintenance organization of greater than 10% of its
enrollee population (including without limitation the health
maintenance organization's right, title, and interest in and to
its health care certificates).
    (e) In considering any management contract or service
agreement subject to Section 141.1 of the Illinois Insurance
Code, the Director (i) shall, in addition to the criteria
specified in Section 141.2 of the Illinois Insurance Code, take
into account the effect of the management contract or service
agreement on the continuation of benefits to enrollees and the
financial condition of the health maintenance organization to
be managed or serviced, and (ii) need not take into account the
effect of the management contract or service agreement on
competition.
    (f) Except for small employer groups as defined in the
Small Employer Rating, Renewability and Portability Health
Insurance Act and except for medicare supplement policies as
defined in Section 363 of the Illinois Insurance Code, a Health
Maintenance Organization may by contract agree with a group or
other enrollment unit to effect refunds or charge additional
premiums under the following terms and conditions:
        (i) the amount of, and other terms and conditions with
    respect to, the refund or additional premium are set forth
    in the group or enrollment unit contract agreed in advance
    of the period for which a refund is to be paid or
    additional premium is to be charged (which period shall not
    be less than one year); and
        (ii) the amount of the refund or additional premium
    shall not exceed 20% of the Health Maintenance
    Organization's profitable or unprofitable experience with
    respect to the group or other enrollment unit for the
    period (and, for purposes of a refund or additional
    premium, the profitable or unprofitable experience shall
    be calculated taking into account a pro rata share of the
    Health Maintenance Organization's administrative and
    marketing expenses, but shall not include any refund to be
    made or additional premium to be paid pursuant to this
    subsection (f)). The Health Maintenance Organization and
    the group or enrollment unit may agree that the profitable
    or unprofitable experience may be calculated taking into
    account the refund period and the immediately preceding 2
    plan years.
    The Health Maintenance Organization shall include a
statement in the evidence of coverage issued to each enrollee
describing the possibility of a refund or additional premium,
and upon request of any group or enrollment unit, provide to
the group or enrollment unit a description of the method used
to calculate (1) the Health Maintenance Organization's
profitable experience with respect to the group or enrollment
unit and the resulting refund to the group or enrollment unit
or (2) the Health Maintenance Organization's unprofitable
experience with respect to the group or enrollment unit and the
resulting additional premium to be paid by the group or
enrollment unit.
    In no event shall the Illinois Health Maintenance
Organization Guaranty Association be liable to pay any
contractual obligation of an insolvent organization to pay any
refund authorized under this Section.
(Source: P.A. 94-906, eff. 1-1-07; 94-1076, eff. 12-29-06;
95-422, eff. 8-24-07; 95-520, eff. 8-28-07; 95-876, eff.
8-21-08; 95-958, eff. 6-1-09; 95-978, eff. 1-1-09; revised
10-15-08.)
 
    Section 200. The Voluntary Health Services Plans Act is
amended by changing Section 10 as follows:
 
    (215 ILCS 165/10)  (from Ch. 32, par. 604)
    (Text of Section before amendment by P.A. 95-958)
    Sec. 10. Application of Insurance Code provisions. Health
services plan corporations and all persons interested therein
or dealing therewith shall be subject to the provisions of
Articles IIA and XII 1/2 and Sections 3.1, 133, 140, 143, 143c,
149, 155.37, 354, 355.2, 356g.5, 356r, 356t, 356u, 356v, 356w,
356x, 356y, 356z.1, 356z.2, 356z.4, 356z.5, 356z.6, 356z.8,
356z.9, 356z.10, 356z.13 356z.11, 364.01, 367.2, 368a, 401,
401.1, 402, 403, 403A, 408, 408.2, and 412, and paragraphs (7)
and (15) of Section 367 of the Illinois Insurance Code.
(Source: P.A. 94-1076, eff. 12-29-06; 95-189, eff. 8-16-07;
95-331, eff. 8-21-07; 95-422, eff. 8-24-07; 95-520, eff.
8-28-07; 95-876, eff. 8-21-08; 95-978, eff. 1-1-09; revised
10-15-08.)
 
    (Text of Section after amendment by P.A. 95-958)
    Sec. 10. Application of Insurance Code provisions. Health
services plan corporations and all persons interested therein
or dealing therewith shall be subject to the provisions of
Articles IIA and XII 1/2 and Sections 3.1, 133, 140, 143, 143c,
149, 155.37, 354, 355.2, 356g.5, 356r, 356t, 356u, 356v, 356w,
356x, 356y, 356z.1, 356z.2, 356z.4, 356z.5, 356z.6, 356z.8,
356z.9, 356z.10, 356z.11, 356z.12, 356z.13 356z.11, 364.01,
367.2, 368a, 401, 401.1, 402, 403, 403A, 408, 408.2, and 412,
and paragraphs (7) and (15) of Section 367 of the Illinois
Insurance Code.
(Source: P.A. 94-1076, eff. 12-29-06; 95-189, eff. 8-16-07;
95-331, eff. 8-21-07; 95-422, eff. 8-24-07; 95-520, eff.
8-28-07; 95-876, eff. 8-21-08; 95-958, eff. 6-1-09; 95-978,
eff. 1-1-09; revised 10-15-08.)
 
    Section 205. The Illinois Dental Practice Act is amended by
changing Sections 8.1 and 44 as follows:
 
    (225 ILCS 25/8.1)  (from Ch. 111, par. 2308.1)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 8.1. Permit for the administration of anesthesia and
sedation.
    (a) No licensed dentist shall administer general
anesthesia, deep sedation, or conscious sedation without first
applying for and obtaining a permit for such purpose from the
Department. The Department shall issue such permit only after
ascertaining that the applicant possesses the minimum
qualifications necessary to protect public safety. A person
with a dental degree who administers anesthesia, deep sedation,
or conscious sedation in an approved hospital training program
under the supervision of either a licensed dentist holding such
permit or a physician licensed to practice medicine in all its
branches shall not be required to obtain such permit.
    (b) In determining the minimum permit qualifications that
are necessary to protect public safety, the Department, by
rule, shall:
        (1) establish the minimum educational and training
    requirements necessary for a dentist to be issued an
    appropriate permit;
        (2) establish the standards for properly equipped
    dental facilities (other than licensed hospitals and
    ambulatory surgical treatment centers) in which general
    anesthesia, deep sedation, or conscious sedation is
    administered, as necessary to protect public safety;
        (3) establish minimum requirements for all persons who
    assist the dentist in the administration of general
    anesthesia, deep sedation, or conscious sedation,
    including minimum training requirements for each member of
    the dental team, monitoring requirements, recordkeeping
    requirements, and emergency procedures; and
        (4) ensure that the dentist and all persons assisting
    the dentist or monitoring the administration of general
    anesthesia, deep sedation, or conscious sedation maintain
    current certification in Basic Life Support (BLS).
        (5) establish continuing education requirements in
    sedation techniques for dentists who possess a permit under
    this Section.
When establishing requirements under this Section, the
Department shall consider the current American Dental
Association guidelines on sedation and general anesthesia, the
current "Guidelines for Monitoring and Management of Pediatric
Patients During and After Sedation for Diagnostic and
Therapeutic Procedures" established by the American Academy of
Pediatrics and the American Academy of Pediatric Dentistry, and
the current parameters of care and Office Anesthesia Evaluation
(OAE) Manual established by the American Association of Oral
and Maxillofacial Surgeons.
    (c) A licensed dentist must hold an appropriate permit
issued under this Section in order to perform dentistry while a
nurse anesthetist administers conscious sedation, and a valid
written collaborative agreement must exist between the dentist
and the nurse anesthetist, in accordance with the Nurse Nursing
and Advanced Practice Nursing Act.
    A licensed dentist must hold an appropriate permit issued
under this Section in order to perform dentistry while a nurse
anesthetist administers deep sedation or general anesthesia,
and a valid written collaborative agreement must exist between
the dentist and the nurse anesthetist, in accordance with the
Nurse Nursing and Advanced Practice Nursing Act.
    For the purposes of this subsection (c), "nurse
anesthetist" means a licensed certified registered nurse
anesthetist who holds a license as an advanced practice nurse.
(Source: P.A. 95-399, eff. 1-1-08; 95-639, eff. 1-1-08; revised
1-22-08.)
 
    (225 ILCS 25/44)  (from Ch. 111, par. 2344)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 44. Practice by Corporations Prohibited. Exceptions.
No corporation shall practice dentistry or engage therein, or
hold itself out as being entitled to practice dentistry, or
furnish dental services or dentists, or advertise under or
assume the title of dentist or dental surgeon or equivalent
title, or furnish dental advice for any compensation, or
advertise or hold itself out with any other person or alone,
that it has or owns a dental office or can furnish dental
service or dentists, or solicit through itself, or its agents,
officers, employees, directors or trustees, dental patronage
for any dentist employed by any corporation.
    Nothing contained in this Act, however, shall:
        (a) prohibit a corporation from employing a dentist or
    dentists to render dental services to its employees,
    provided that such dental services shall be rendered at no
    cost or charge to the employees;
        (b) prohibit a corporation or association from
    providing dental services upon a wholly charitable basis to
    deserving recipients;
        (c) prohibit a corporation or association from
    furnishing information or clerical services which can be
    furnished by persons not licensed to practice dentistry, to
    any dentist when such dentist assumes full responsibility
    for such information or services;
        (d) prohibit dental corporations as authorized by the
    Professional Service Corporation Act, dental associations
    as authorized by the Professional Association Act, or
    dental limited liability companies as authorized by the
    Limited Liability Company Act;
        (e) prohibit dental limited liability partnerships as
    authorized by the Uniform Partnership Act (1997);
        (f) prohibit hospitals, public health clinics,
    federally qualified health centers, or other entities
    specified by rule of the Department from providing dental
    services; or
        (g) prohibit dental management service organizations
    from providing non-clinical business services that do not
    violate the provisions of this Act.
    Any corporation violating the provisions of this Section is
guilty of a Class A misdemeanor and each day that this Act is
violated shall be considered a separate offense.
(Source: P.A. 91-520, eff. 1-1-00; revised 1-29-08.)
 
    Section 210. The Hearing Instrument Consumer Protection
Act is amended by changing Section 34 as follows:
 
    (225 ILCS 50/34)  (from Ch. 111, par. 7434)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 34. All remedies, penalties and authority granted to
the Attorney General by the "Consumer Fraud and Deceptive
Business Practices Act", approved July 24, 1961, as now or
hereafter amended, shall be available to him for the
enforcement of this Act, and Sections 3, 4, 5, 6, 6.1, 7 and 10
of that Act are hereby incorporated by reference into this Act.
In addition, in any action brought by the Attorney General to
enforce this Act, the court may order that persons who incurred
actual damages be awarded the amount at which actual damages
are assessed.
(Source: P.A. 83-928; revised 11-3-08.)
 
    Section 215. The Home Medical Equipment and Services
Provider License Act is amended by changing Section 1 as
follows:
 
    (225 ILCS 51/1)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 1. Short title. This Act may be cited as the the Home
Medical Equipment and Services Provider License Act.
(Source: P.A. 90-532, eff. 11-14-97; revised 10-23-08.)
 
    Section 220. The Nurse Practice Act is amended by changing
Section 70-50 as follows:
 
    (225 ILCS 65/70-50)   (was 225 ILCS 65/20-40)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 70-50. Fund.
    (a) There is hereby created within the State Treasury the
Nursing Dedicated and Professional Fund. The monies in the Fund
may be used by and at the direction of the Department for the
administration and enforcement of this Act, including but not
limited to:
        (1) Distribution and publication of this Act and rules.
        (2) Employment of secretarial, nursing,
    administrative, enforcement, and other staff for the
    administration of this Act.
    (b) Disposition of fees:
        (1) $5 of every licensure fee shall be placed in a fund
    for assistance to nurses enrolled in a diversionary program
    as approved by the Department.
        (2) All of the fees, fines, and penalties collected
    pursuant to this Act shall be deposited in the Nursing
    Dedicated and Professional Fund.
        (3) Each fiscal year, the moneys deposited in the
    Nursing Dedicated and Professional Fund shall be
    appropriated to the Department for expenses of the
    Department and the Board in the administration of this Act.
    All earnings received from investment of moneys in the
    Nursing Dedicated and Professional Fund shall be deposited
    in the Nursing Dedicated and Professional Fund and shall be
    used for the same purposes as fees deposited in the Fund.
        (4) For the fiscal year beginning July 1, 2004 and for
    each fiscal year thereafter, $1,200,000 of the moneys
    deposited in the Nursing Dedicated and Professional Fund
    each year shall be set aside and appropriated to the
    Department of Public Health for nursing scholarships
    awarded pursuant to the Nursing Education Scholarship Law.
    Representatives of the Department and the Nursing
    Education Scholarship Program Advisory Council shall
    review this requirement and the scholarship awards every 2
    years.
        (5) Moneys in the Fund may be transferred to the
    Professions Indirect Cost Fund as authorized under Section
    2105-300 of the Department of Professional Regulation Law
    (20 ILCS 2105/2105-300).
    (c) (f) Moneys set aside for nursing scholarships awarded
pursuant to the Nursing Education Scholarship Law as provided
in item (4) (iv) of subsection (b) (e) of this Section may not
be transferred under Section 8h of the State Finance Act.
(Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07;
revised 10-23-08.)
 
    Section 225. The Nursing Home Administrators Licensing and
Disciplinary Act is amended by changing Section 4 as follows:
 
    (225 ILCS 70/4)  (from Ch. 111, par. 3654)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 4. Definitions. For purposes of this Act, the
following definitions shall have the following meanings,
except where the context requires otherwise:
        (1) "Act" means the Nursing Home Administrators
    Licensing and Disciplinary Act.
        (2) "Department" means the Department of Financial and
    Professional Regulation.
        (3) "Secretary" means the Secretary of Financial and
    Professional Regulation.
        (4) "Board" means the Nursing Home Administrators
    Licensing and Disciplinary Board appointed by the
    Governor.
        (5) "Nursing home administrator" means the individual
    licensed under this Act and directly responsible for
    planning, organizing, directing and supervising the
    operation of a nursing home, or who in fact performs such
    functions, whether or not such functions are delegated to
    one or more other persons.
        (6) "Nursing home" or "facility" means any entity that
    is required to be licensed by the Department of Public
    Health under the Nursing Home Care Act, as amended, other
    than a sheltered care home as defined thereunder, and
    includes private homes, institutions, buildings,
    residences, or other places, whether operated for profit or
    not, irrespective of the names attributed to them, county
    homes for the infirm and chronically ill operated pursuant
    to the County Nursing Home Act, as amended, and any similar
    institutions operated by a political subdivision of the
    State of Illinois that provide, though their ownership or
    management, maintenance, personal care, and nursing for 3
    or more persons, not related to the owner by blood or
    marriage, or any similar facilities in which maintenance is
    provided to 3 or more persons who by reason of illness of
    physical infirmity require personal care and nursing.
        (7) "Maintenance" means food, shelter and laundry.
        (8) "Personal care" means assistance with meals,
    dressing, movement, bathing, or other personal needs, or
    general supervision of the physical and mental well-being
    of an individual who because of age, physical, or mental
    disability, emotion or behavior disorder, or mental
    retardation is incapable of managing his or her person,
    whether or not a guardian has been appointed for such
    individual. For the purposes of this Act, this definition
    does not include the professional services of a nurse.
        (9) "Nursing" means professional nursing or practical
    nursing, as those terms are defined in the Nurse Practice
    Act, for sick or infirm persons who are under the care and
    supervision of licensed physicians or dentists.
        (10) "Disciplinary action" means revocation,
    suspension, probation, supervision, reprimand, required
    education, fines or any other action taken by the
    Department against a person holding a license.
        (11) "Impaired" means the inability to practice with
    reasonable skill and safety due to physical or mental
    disabilities as evidenced by a written determination or
    written consent based on clinical evidence including
    deterioration through the aging process or loss of motor
    skill, or abuse of drugs or alcohol, of sufficient degree
    to diminish a person's ability to administer a nursing
    home.
        (12) "Address of record" means the designated address
    recorded by the Department in the applicant's or licensee's
    application file or license file maintained by the
    Department's licensure maintenance unit. It is the duty of
    the applicant or licensee to inform the Department of any
    change of address, and such changes must be made either
    through the Department's website or by contacting the
    Department's licensure maintenance unit.
(Source: P.A. 95-639, eff. 10-5-07; 95-703, eff. 12-31-07;
revised 1-7-08.)
 
    Section 230. The Private Sewage Disposal Licensing Act is
amended by changing Section 8 as follows:
 
    (225 ILCS 225/8)  (from Ch. 111 1/2, par. 116.308)
    Sec. 8. (a) In addition to promulgating and publishing the
private sewage disposal code, the Department has the following
powers and duties:
        (1) Make such inspections as are necessary to determine
    satisfactory compliance with this Act and the private
    sewage disposal code.
        (2) Cause investigations to be made when a violation of
    any provisions of this Act or the private sewage disposal
    code is reported to the Department.
        (3) Subject to constitutional limitations, by its
    representatives after identification, enter at reasonable
    times upon private or public property for the purpose of
    inspecting and investigating conditions relating to the
    administration and enforcement of this Act and the private
    sewage disposal code.
        (4) Institute or cause to be instituted legal
    proceedings in the circuit court by the State's Attorney of
    the county where such non-compliance occurred or by the
    Attorney General of the State of Illinois in cases of
    non-compliance with the provisions of this Act and the
    private sewage disposal code.
        (5) Evaluate all Experimental Use Permits in existence
    on August 14, 2008 (the effective date of Public Act
    95-824) this amendatory Act of the 95th General Assembly,
    in accordance with the established conditions of approval
    for each permit. After the date of approval, the Department
    shall not issue any new Experimental Use Permits, but may
    instead issue site specific approval for performance-based
    systems in accordance with this Section.
        (6) Adopt minimum performance standards for private
    sewage disposal system contractors.
        (7) Issue an annual license to every applicant who
    complies with the requirements of this Act and the private
    sewage disposal code and who pays the required annual
    license fee.
        (8) Collect an annual license fee in an amount
    determined by the Department from each contractor and any
    examination and reinstatement fees.
        (9) Prescribe rules of procedure for hearings
    following denial, suspension or revocation of licenses as
    provided in this Act.
        (10) Authorize the use of alternative private sewage
    disposal systems that are designed by a professional
    engineer licensed under the Professional Engineering
    Practice Act of 1989 or an environmental health
    practitioner licensed under the Environmental Health
    Practitioner Licensing Act and accepted by the Department
    on a case-by-case basis where the proposed design
    reasonably addresses issues particular to the proposed
    system, including without limitation flow volume
    projections, wastewater composition and pretreatment,
    treatment and flow in the subsurface environment, and
    system ownership and maintenance responsibility.
    (b) (10) The Department may review alternative technology
and operational data from the appropriate state agency of
another state, from another government entity, or from an
independent testing organization to determine whether approval
of components or private sewage disposal systems within the
State is appropriate. The request for approval shall be made on
forms approved by the Department.
    (c) (b) The Director shall authorize the use of appropriate
new innovative wastewater treatment systems to best protect
public health, the environment, and the natural resources of
the State.
(Source: P.A. 95-656, eff. 10-11-07; 95-824, eff. 8-14-08;
revised 9-5-08.)
 
    Section 235. The Structural Pest Control Act is amended by
changing Section 16 as follows:
 
    (225 ILCS 235/16)  (from Ch. 111 1/2, par. 2216)
    (Section scheduled to be repealed on December 31, 2009)
    Sec. 16. Subpoena powers of Department or hearing officer).
The Director or of Hearing Officer may compel by subpoena or
subpoena duces tecum the attendance and testimony of witnesses
and the production of books and papers and administer oaths to
witnesses. All subpoenas issued by the Director or Hearing
Officer may be served as provided for in a civil action. The
fees of witnesses for attendance and travel shall be the same
as the fees for witnesses before the circuit court and shall be
paid by the party to such proceeding at whose request the
subpoena is issued. If such subpoena is issued at the request
of the Department, the witness fee shall be paid as an
administrative expense.
    In the cases of refusal of a witness to attend or testify,
or to produce books or papers, concerning any matter upon which
he might be lawfully examined, the circuit court of the county
where the hearing is held, upon application of any party to the
proceeding, may compel obedience by proceeding as for contempt.
(Source: P.A. 83-334; reenacted by P.A. 95-786, eff. 8-7-08;
revised 9-10-08.)
 
    Section 240. The Real Estate License Act of 2000 is amended
by changing Section 5-20 as follows:
 
    (225 ILCS 454/5-20)
    (Section scheduled to be repealed on January 1, 2010)
    Sec. 5-20. Exemptions from broker, salesperson, or leasing
agent license requirement. The requirement for holding a
license under this Article 5 shall not apply to:
    (1) Any person, partnership, or corporation that as owner
or lessor performs any of the acts described in the definition
of "broker" under Section 1-10 of this Act with reference to
property owned or leased by it, or to the regular employees
thereof with respect to the property so owned or leased, where
such acts are performed in the regular course of or as an
incident to the management, sale, or other disposition of such
property and the investment therein, provided that such regular
employees do not perform any of the acts described in the
definition of "broker" under Section 1-10 of this Act in
connection with a vocation of selling or leasing any real
estate or the improvements thereon not so owned or leased.
    (2) An attorney in fact acting under a duly executed and
recorded power of attorney to convey real estate from the owner
or lessor or the services rendered by an attorney at law in the
performance of the attorney's duty as an attorney at law.
    (3) Any person acting as receiver, trustee in bankruptcy,
administrator, executor, or guardian or while acting under a
court order or under the authority of a will or testamentary
trust.
    (4) Any person acting as a resident manager for the owner
or any employee acting as the resident manager for a broker
managing an apartment building, duplex, or apartment complex,
when the resident manager resides on the premises, the premises
is his or her primary residence, and the resident manager is
engaged in the leasing of the property of which he or she is
the resident manager.
    (5) Any officer or employee of a federal agency in the
conduct of official duties.
    (6) Any officer or employee of the State government or any
political subdivision thereof performing official duties.
    (7) Any multiple listing service or other information
exchange that is engaged in the collection and dissemination of
information concerning real estate available for sale,
purchase, lease, or exchange along with which no other licensed
activities are provided.
    (8) Railroads and other public utilities regulated by the
State of Illinois, or the officers or full time employees
thereof, unless the performance of any licensed activities is
in connection with the sale, purchase, lease, or other
disposition of real estate or investment therein not needing
the approval of the appropriate State regulatory authority.
    (9) Any medium of advertising in the routine course of
selling or publishing advertising along with which no other
licensed activities are provided.
    (10) Any resident lessee of a residential dwelling unit who
refers for compensation to the owner of the dwelling unit, or
to the owner's agent, prospective lessees of dwelling units in
the same building or complex as the resident lessee's unit, but
only if the resident lessee (i) refers no more than 3
prospective lessees in any 12-month period, (ii) receives
compensation of no more than $1,000 or the equivalent of one
month's rent, whichever is less, in any 12-month period, and
(iii) limits his or her activities to referring prospective
lessees to the owner, or the owner's agent, and does not show a
residential dwelling unit to a prospective lessee, discuss
terms or conditions of leasing a dwelling unit with a
prospective lessee, or otherwise participate in the
negotiation of the leasing of a dwelling unit.
    (11) An exchange company registered under the Real Estate
Timeshare Act of 1999 and the regular employees of that
registered exchange company but only when conducting an
exchange program as defined in that Act.
    (12) An existing timeshare owner who, for compensation,
refers prospective purchasers, but only if the existing
timeshare owner (i) refers no more than 20 prospective
purchasers in any calendar year, (ii) receives no more than
$1,000, or its equivalent, for referrals in any calendar year
and (iii) limits his or her activities to referring prospective
purchasers of timeshare interests to the developer or the
developer's employees or agents, and does not show, discuss
terms or conditions of purchase or otherwise participate in
negotiations with regard to timeshare interests.
    (13) Any person who is licensed without examination under
Section 10-25 (now repealed) of the Auction License Act is
exempt from holding a broker's or salesperson's license under
this Act for the limited purpose of selling or leasing real
estate at auction, so long as:
            (A) that person has made application for said
        exemption by July 1, 2000;
            (B) that person verifies to OBRE that he or she has
        sold real estate at auction for a period of 5 years
        prior to licensure as an auctioneer;
            (C) the person has had no lapse in his or her
        license as an auctioneer; and
            (D) the license issued under the Auction License
        Act has not been disciplined for violation of those
        provisions of Article 20 of the Auction License Act
        dealing with or related to the sale or lease of real
        estate at auction.
    (14) A hotel operator who is registered with the Illinois
Department of Revenue and pays taxes under the Hotel Operators'
Occupation Tax Act and rents a room or rooms in a hotel as
defined in the Hotel Operators' Occupation Tax Act for a period
of not more than 30 consecutive days and not more than 60 days
in a calendar year.
(Source: P.A. 91-245, eff. 12-31-99; 91-585, eff. 1-1-00;
91-603, eff. 1-1-00; 92-16, eff. 6-28-01; 92-217, eff. 8-2-01;
revised 10-24-08.)
 
    Section 245. The Coal Mining Act is amended by changing the
headings of Articles 4, 38, and 39 and by changing Sections
20.04, 20.05, and 21.07 as follows:
 
    (225 ILCS 705/Art. 4 heading)
ARTICLE 4.
STATE AND COUNTY MINE INSPECTORS
AND MINE INSPECTION.

 
    (225 ILCS 705/20.04)  (from Ch. 96 1/2, par. 2004)
    Sec. 20.04. State Mine Inspectors, county mine inspectors,
and the accredited representatives of the coal operators and
coal miners shall have authority to sample explosives used for
blasting purposes in coal mines in the State of Illinois or
kept on hand for sale or intended for shipment for use in such
mines, and for such purposes they may enter upon the premises
of any person, firm or corporation.
(Source: Laws 1953, p. 701; revised 10-24-08.)
 
    (225 ILCS 705/20.05)  (from Ch. 96 1/2, par. 2005)
    Sec. 20.05. If the State Mine Inspector, county mine
inspector, or the accredited representatives of the coal
operators or coal miners shall desire to have said sample
tested for content, they shall send the same to the United
States Bureau of Mines for that purpose.
(Source: Laws 1953, p. 701; revised 10-24-08.)
 
    (225 ILCS 705/21.07)  (from Ch. 96 1/2, par. 2107)
    Sec. 21.07. The carrying of matches or other flame-making
devices, and smoking underground is prohibited in gassy mines,
except as provided by Section 21.08 of this Act. If, in the
judgment of either the State Mine Inspector, county mine
inspector acting for the State Mine Inspector, or the operator,
underground employees are violating the law, they shall have
the right to search such employees. When prosecution is
intended, 2 witnesses shall be present at the time of search.
(Source: Laws 1953, p. 701; revised 10-24-08.)
 
    (225 ILCS 705/Art. 38 heading)
ARTICLE 38 .
SURFACE MINING REGULATIONS .

 
    (225 ILCS 705/Art. 39 heading)
ARTICLE 39 . ,
MINERS' REMEDIES .

 
    Section 255. The Illinois Public Aid Code is amended by
changing Section 5-2 as follows:
 
    (305 ILCS 5/5-2)  (from Ch. 23, par. 5-2)
    Sec. 5-2. Classes of Persons Eligible. Medical assistance
under this Article shall be available to any of the following
classes of persons in respect to whom a plan for coverage has
been submitted to the Governor by the Illinois Department and
approved by him:
        1. Recipients of basic maintenance grants under
    Articles III and IV.
        2. Persons otherwise eligible for basic maintenance
    under Articles III and IV but who fail to qualify
    thereunder on the basis of need, and who have insufficient
    income and resources to meet the costs of necessary medical
    care, including but not limited to the following:
            (a) All persons otherwise eligible for basic
        maintenance under Article III but who fail to qualify
        under that Article on the basis of need and who meet
        either of the following requirements:
                (i) their income, as determined by the
            Illinois Department in accordance with any federal
            requirements, is equal to or less than 70% in
            fiscal year 2001, equal to or less than 85% in
            fiscal year 2002 and until a date to be determined
            by the Department by rule, and equal to or less
            than 100% beginning on the date determined by the
            Department by rule, of the nonfarm income official
            poverty line, as defined by the federal Office of
            Management and Budget and revised annually in
            accordance with Section 673(2) of the Omnibus
            Budget Reconciliation Act of 1981, applicable to
            families of the same size; or
                (ii) their income, after the deduction of
            costs incurred for medical care and for other types
            of remedial care, is equal to or less than 70% in
            fiscal year 2001, equal to or less than 85% in
            fiscal year 2002 and until a date to be determined
            by the Department by rule, and equal to or less
            than 100% beginning on the date determined by the
            Department by rule, of the nonfarm income official
            poverty line, as defined in item (i) of this
            subparagraph (a).
            (b) All persons who would be determined eligible
        for such basic maintenance under Article IV by
        disregarding the maximum earned income permitted by
        federal law.
        3. Persons who would otherwise qualify for Aid to the
    Medically Indigent under Article VII.
        4. Persons not eligible under any of the preceding
    paragraphs who fall sick, are injured, or die, not having
    sufficient money, property or other resources to meet the
    costs of necessary medical care or funeral and burial
    expenses.
        5.(a) Women during pregnancy, after the fact of
    pregnancy has been determined by medical diagnosis, and
    during the 60-day period beginning on the last day of the
    pregnancy, together with their infants and children born
    after September 30, 1983, whose income and resources are
    insufficient to meet the costs of necessary medical care to
    the maximum extent possible under Title XIX of the Federal
    Social Security Act.
        (b) The Illinois Department and the Governor shall
    provide a plan for coverage of the persons eligible under
    paragraph 5(a) by April 1, 1990. Such plan shall provide
    ambulatory prenatal care to pregnant women during a
    presumptive eligibility period and establish an income
    eligibility standard that is equal to 133% of the nonfarm
    income official poverty line, as defined by the federal
    Office of Management and Budget and revised annually in
    accordance with Section 673(2) of the Omnibus Budget
    Reconciliation Act of 1981, applicable to families of the
    same size, provided that costs incurred for medical care
    are not taken into account in determining such income
    eligibility.
        (c) The Illinois Department may conduct a
    demonstration in at least one county that will provide
    medical assistance to pregnant women, together with their
    infants and children up to one year of age, where the
    income eligibility standard is set up to 185% of the
    nonfarm income official poverty line, as defined by the
    federal Office of Management and Budget. The Illinois
    Department shall seek and obtain necessary authorization
    provided under federal law to implement such a
    demonstration. Such demonstration may establish resource
    standards that are not more restrictive than those
    established under Article IV of this Code.
        6. Persons under the age of 18 who fail to qualify as
    dependent under Article IV and who have insufficient income
    and resources to meet the costs of necessary medical care
    to the maximum extent permitted under Title XIX of the
    Federal Social Security Act.
        7. Persons who are under 21 years of age and would
    qualify as disabled as defined under the Federal
    Supplemental Security Income Program, provided medical
    service for such persons would be eligible for Federal
    Financial Participation, and provided the Illinois
    Department determines that:
            (a) the person requires a level of care provided by
        a hospital, skilled nursing facility, or intermediate
        care facility, as determined by a physician licensed to
        practice medicine in all its branches;
            (b) it is appropriate to provide such care outside
        of an institution, as determined by a physician
        licensed to practice medicine in all its branches;
            (c) the estimated amount which would be expended
        for care outside the institution is not greater than
        the estimated amount which would be expended in an
        institution.
        8. Persons who become ineligible for basic maintenance
    assistance under Article IV of this Code in programs
    administered by the Illinois Department due to employment
    earnings and persons in assistance units comprised of
    adults and children who become ineligible for basic
    maintenance assistance under Article VI of this Code due to
    employment earnings. The plan for coverage for this class
    of persons shall:
            (a) extend the medical assistance coverage for up
        to 12 months following termination of basic
        maintenance assistance; and
            (b) offer persons who have initially received 6
        months of the coverage provided in paragraph (a) above,
        the option of receiving an additional 6 months of
        coverage, subject to the following:
                (i) such coverage shall be pursuant to
            provisions of the federal Social Security Act;
                (ii) such coverage shall include all services
            covered while the person was eligible for basic
            maintenance assistance;
                (iii) no premium shall be charged for such
            coverage; and
                (iv) such coverage shall be suspended in the
            event of a person's failure without good cause to
            file in a timely fashion reports required for this
            coverage under the Social Security Act and
            coverage shall be reinstated upon the filing of
            such reports if the person remains otherwise
            eligible.
        9. Persons with acquired immunodeficiency syndrome
    (AIDS) or with AIDS-related conditions with respect to whom
    there has been a determination that but for home or
    community-based services such individuals would require
    the level of care provided in an inpatient hospital,
    skilled nursing facility or intermediate care facility the
    cost of which is reimbursed under this Article. Assistance
    shall be provided to such persons to the maximum extent
    permitted under Title XIX of the Federal Social Security
    Act.
        10. Participants in the long-term care insurance
    partnership program established under the Illinois
    Long-Term Care Partnership Program Act Partnership for
    Long-Term Care Act who meet the qualifications for
    protection of resources described in Section 15 25 of that
    Act.
        11. Persons with disabilities who are employed and
    eligible for Medicaid, pursuant to Section
    1902(a)(10)(A)(ii)(xv) of the Social Security Act, as
    provided by the Illinois Department by rule. In
    establishing eligibility standards under this paragraph
    11, the Department shall, subject to federal approval:
            (a) set the income eligibility standard at not
        lower than 350% of the federal poverty level;
            (b) exempt retirement accounts that the person
        cannot access without penalty before the age of 59 1/2,
        and medical savings accounts established pursuant to
        26 U.S.C. 220;
            (c) allow non-exempt assets up to $25,000 as to
        those assets accumulated during periods of eligibility
        under this paragraph 11; and
            (d) continue to apply subparagraphs (b) and (c) in
        determining the eligibility of the person under this
        Article even if the person loses eligibility under this
        paragraph 11.
        12. Subject to federal approval, persons who are
    eligible for medical assistance coverage under applicable
    provisions of the federal Social Security Act and the
    federal Breast and Cervical Cancer Prevention and
    Treatment Act of 2000. Those eligible persons are defined
    to include, but not be limited to, the following persons:
            (1) persons who have been screened for breast or
        cervical cancer under the U.S. Centers for Disease
        Control and Prevention Breast and Cervical Cancer
        Program established under Title XV of the federal
        Public Health Services Act in accordance with the
        requirements of Section 1504 of that Act as
        administered by the Illinois Department of Public
        Health; and
            (2) persons whose screenings under the above
        program were funded in whole or in part by funds
        appropriated to the Illinois Department of Public
        Health for breast or cervical cancer screening.
        "Medical assistance" under this paragraph 12 shall be
    identical to the benefits provided under the State's
    approved plan under Title XIX of the Social Security Act.
    The Department must request federal approval of the
    coverage under this paragraph 12 within 30 days after the
    effective date of this amendatory Act of the 92nd General
    Assembly.
        13. Subject to appropriation and to federal approval,
    persons living with HIV/AIDS who are not otherwise eligible
    under this Article and who qualify for services covered
    under Section 5-5.04 as provided by the Illinois Department
    by rule.
        14. Subject to the availability of funds for this
    purpose, the Department may provide coverage under this
    Article to persons who reside in Illinois who are not
    eligible under any of the preceding paragraphs and who meet
    the income guidelines of paragraph 2(a) of this Section and
    (i) have an application for asylum pending before the
    federal Department of Homeland Security or on appeal before
    a court of competent jurisdiction and are represented
    either by counsel or by an advocate accredited by the
    federal Department of Homeland Security and employed by a
    not-for-profit organization in regard to that application
    or appeal, or (ii) are receiving services through a
    federally funded torture treatment center. Medical
    coverage under this paragraph 14 may be provided for up to
    24 continuous months from the initial eligibility date so
    long as an individual continues to satisfy the criteria of
    this paragraph 14. If an individual has an appeal pending
    regarding an application for asylum before the Department
    of Homeland Security, eligibility under this paragraph 14
    may be extended until a final decision is rendered on the
    appeal. The Department may adopt rules governing the
    implementation of this paragraph 14.
    The Illinois Department and the Governor shall provide a
plan for coverage of the persons eligible under paragraph 7 as
soon as possible after July 1, 1984.
    The eligibility of any such person for medical assistance
under this Article is not affected by the payment of any grant
under the Senior Citizens and Disabled Persons Property Tax
Relief and Pharmaceutical Assistance Act or any distributions
or items of income described under subparagraph (X) of
paragraph (2) of subsection (a) of Section 203 of the Illinois
Income Tax Act. The Department shall by rule establish the
amounts of assets to be disregarded in determining eligibility
for medical assistance, which shall at a minimum equal the
amounts to be disregarded under the Federal Supplemental
Security Income Program. The amount of assets of a single
person to be disregarded shall not be less than $2,000, and the
amount of assets of a married couple to be disregarded shall
not be less than $3,000.
    To the extent permitted under federal law, any person found
guilty of a second violation of Article VIIIA shall be
ineligible for medical assistance under this Article, as
provided in Section 8A-8.
    The eligibility of any person for medical assistance under
this Article shall not be affected by the receipt by the person
of donations or benefits from fundraisers held for the person
in cases of serious illness, as long as neither the person nor
members of the person's family have actual control over the
donations or benefits or the disbursement of the donations or
benefits.
(Source: P.A. 94-629, eff. 1-1-06; 94-1043, eff. 7-24-06;
95-546, eff. 8-29-07; revised 1-22-08.)
 
    Section 260. The Neighborhood Redevelopment Corporation
Law is amended by changing Section 42 as follows:
 
    (315 ILCS 20/42)  (from Ch. 67 1/2, par. 292)
    Sec. 42. Proceedings to condemn real property.
    (1) Before a condemnation proceeding may be instituted by a
Neighborhood Redevelopment Corporation, such Neighborhood
Redevelopment Corporation shall present to the Redevelopment
Commission an application requesting approval of the proposed
condemnation proceeding, which shall contain, among other
things:
        (a) The legal description, and the description thereof
    by city blocks, street and number, if any, of the real
    property proposed to be condemned, and the character of the
    estates, in fee-simple or otherwise, thus to be acquired.
        (b) Proof that such real property is within the
    Development Area of the applicant Neighborhood
    Redevelopment Corporation.
        (c) Proof that the Neighborhood Redevelopment
    Corporation has acquired by purchase or has secured options
    to purchase sixty per centum or more in area of the land
    within the Development Area, or, in alternative, that the
    owners of sixty percentum or more in the area of the land
    within the Development Area have, by an instrument in
    writing duly signed and acknowledged and delivered to the
    Neighborhood Redevelopment Corporation, assented to and
    consented to be bound by the terms and provisions of the
    Development Plan of the Neighborhood Redevelopment
    Corporation as to themselves and their property.
        (d) A copy of any proposed contract or contracts with
    contractors for the work proposed to be done in the
    development of the Development Area, and a copy of any bond
    or bonds to be required by the Neighborhood Redevelopment
    Corporation from the contractors to insure the performance
    of the contract or contracts.
    (2) The Redevelopment Commission shall determine within a
reasonable time thereafter the sufficiency of the statements in
the application and the verity of the copies of the contracts
and bonds appended to the application. If the Redevelopment
Commission finds:
        (a) That the determination should be in the
    affirmative;
        (b) That the bond or bonds are sufficient in form,
    amount and security; and
        (c) That the Development Plan of the applicant
    Neighborhood Redevelopment Corporation has been approved
    by the Redevelopment Commission and the procedure for
    judicial review thereof has not been initiated within the
    time prescribed by this Act, or, if a judicial review has
    been so initiated, that a final order shall have been had,
    as specified in Section 18 of this Act, whereby the
    Development Plan was "Approved", then the Redevelopment
    Commission shall issue to the applicant Neighborhood
    Redevelopment Corporation a certificate of approval of the
    institution of the proposed condemnation proceedings,
    which certificate shall contain a legal description of the
    real property proposed to be condemned and the character of
    the estates, in fee-simple or otherwise, thus to be
    acquired, the facts so determined with respect thereto, and
    a statement that the real property proposed to be condemned
    is required for a public use and that its acquisition for
    such use is necessary and convenient.
    (3) The acquisition by condemnation of real property by a
Neighborhood Redevelopment Corporation shall be in the manner
provided for the exercise of the right of eminent domain under
the Eminent Domain Act Article VII of the Code of Civil
Procedure, as amended.
    (4) The provisions of this section shall be applicable to
any proceeding to condemn real property pursuant to a
Development Plan amended in accordance with Section 23 of this
Act; Provided, however, that in the instance of the increase of
a Development Area pursuant to Section 24 of this Act, the
provisions of subparagraph (c) of Paragraph 1 of this section
shall not apply to the additional area forming the increase.
(Source: P.A. 83-333; revised 1-30-08.)
 
    Section 265. The Senior Citizens and Disabled Persons
Property Tax Relief and Pharmaceutical Assistance Act is
amended by changing Section 6 as follows:
 
    (320 ILCS 25/6)  (from Ch. 67 1/2, par. 406)
    Sec. 6. Administration.
    (a) In general. Upon receipt of a timely filed claim, the
Department shall determine whether the claimant is a person
entitled to a grant under this Act and the amount of grant to
which he is entitled under this Act. The Department may require
the claimant to furnish reasonable proof of the statements of
domicile, household income, rent paid, property taxes accrued
and other matters on which entitlement is based, and may
withhold payment of a grant until such additional proof is
furnished.
    (b) Rental determination. If the Department finds that the
gross rent used in the computation by a claimant of rent
constituting property taxes accrued exceeds the fair rental
value for the right to occupy that residence, the Department
may determine the fair rental value for that residence and
recompute rent constituting property taxes accrued
accordingly.
    (c) Fraudulent claims. The Department shall deny claims
which have been fraudulently prepared or when it finds that the
claimant has acquired title to his residence or has paid rent
for his residence primarily for the purpose of receiving a
grant under this Act.
    (d) Pharmaceutical Assistance. The Department shall allow
all pharmacies licensed under the Pharmacy Practice Act of 1987
to participate as authorized pharmacies unless they have been
removed from that status for cause pursuant to the terms of
this Section. The Director of the Department may enter into a
written contract with any State agency, instrumentality or
political subdivision, or a fiscal intermediary for the purpose
of making payments to authorized pharmacies for covered
prescription drugs and coordinating the program of
pharmaceutical assistance established by this Act with other
programs that provide payment for covered prescription drugs.
Such agreement shall establish procedures for properly
contracting for pharmacy services, validating reimbursement
claims, validating compliance of dispensing pharmacists with
the contracts for participation required under this Section,
validating the reasonable costs of covered prescription drugs,
and otherwise providing for the effective administration of
this Act.
    The Department shall promulgate rules and regulations to
implement and administer the program of pharmaceutical
assistance required by this Act, which shall include the
following:
        (1) Execution of contracts with pharmacies to dispense
    covered prescription drugs. Such contracts shall stipulate
    terms and conditions for authorized pharmacies
    participation and the rights of the State to terminate such
    participation for breach of such contract or for violation
    of this Act or related rules and regulations of the
    Department;
        (2) Establishment of maximum limits on the size of
    prescriptions, new or refilled, which shall be in amounts
    sufficient for 34 days, except as otherwise specified by
    rule for medical or utilization control reasons;
        (3) Establishment of liens upon any and all causes of
    action which accrue to a beneficiary as a result of
    injuries for which covered prescription drugs are directly
    or indirectly required and for which the Director made
    payment or became liable for under this Act;
        (4) Charge or collection of payments from third parties
    or private plans of assistance, or from other programs of
    public assistance for any claim that is properly chargeable
    under the assignment of benefits executed by beneficiaries
    as a requirement of eligibility for the pharmaceutical
    assistance identification card under this Act;
        (4.5) Provision for automatic enrollment of
    beneficiaries into a Medicare Discount Card program
    authorized under the federal Medicare Modernization Act of
    2003 (P.L. 108-391) to coordinate coverage including
    Medicare Transitional Assistance;
        (5) Inspection of appropriate records and audit of
    participating authorized pharmacies to ensure contract
    compliance, and to determine any fraudulent transactions
    or practices under this Act;
        (6) Annual determination of the reasonable costs of
    covered prescription drugs for which payments are made
    under this Act, as provided in Section 3.16;
        (7) Payment to pharmacies under this Act in accordance
    with the State Prompt Payment Act.
    The Department shall annually report to the Governor and
the General Assembly by March 1st of each year on the
administration of pharmaceutical assistance under this Act. By
the effective date of this Act the Department shall determine
the reasonable costs of covered prescription drugs in
accordance with Section 3.16 of this Act.
(Source: P.A. 92-651, eff. 7-11-02; 93-841, eff. 7-30-04;
revised 1-22-08.)
 
    Section 270. The Sexual Assault Survivors Emergency
Treatment Act is amended by changing Section 1a as follows:
 
    (410 ILCS 70/1a)  (from Ch. 111 1/2, par. 87-1a)
    Sec. 1a. Definitions. In this Act:
    "Ambulance provider" means an individual or entity that
owns and operates a business or service using ambulances or
emergency medical services vehicles to transport emergency
patients.
    "Areawide sexual assault treatment plan" means a plan,
developed by the hospitals in the community or area to be
served, which provides for hospital emergency services to
sexual assault survivors that shall be made available by each
of the participating hospitals.
    "Department" means the Department of Public Health.
    "Emergency contraception" means medication as approved by
the federal Food and Drug Administration (FDA) that can
significantly reduce the risk of pregnancy if taken within 72
hours after sexual assault.
    "Follow-up healthcare" means healthcare services related
to a sexual assault, including laboratory services and pharmacy
services, rendered within 90 days of the initial visit for
hospital emergency services.
    "Forensic services" means the collection of evidence
pursuant to a statewide sexual assault evidence collection
program administered by the Department of State Police, using
the Illinois State Police Sexual Assault Evidence Collection
Kit.
    "Health care professional" means a physician, a physician
assistant, or an advanced practice nurse.
    "Hospital" has the meaning given to that term in the
Hospital Licensing Act.
    "Hospital emergency services" means healthcare delivered
to outpatients within or under the care and supervision of
personnel working in a designated emergency department of a
hospital, including, but not limited to, care ordered by such
personnel for a sexual assault survivor in the emergency
department.
    "Illinois State Police Sexual Assault Evidence Collection
Kit" means a prepackaged set of materials and forms to be used
for the collection of evidence relating to sexual assault. The
standardized evidence collection kit for the State of Illinois
shall be the Illinois State Police Sexual Assault Evidence
Collection Kit.
    "Nurse" means a nurse licensed under the Nurse Nursing and
Advanced Practice Nursing Act.
    "Physician" means a person licensed to practice medicine in
all its branches.
    "Sexual assault" means an act of nonconsensual sexual
conduct or sexual penetration, as defined in Section 12-12 of
the Criminal Code of 1961, including, without limitation, acts
prohibited under Sections 12-13 through 12-16 of the Criminal
Code of 1961.
    "Sexual assault survivor" means a person who presents for
hospital emergency services in relation to injuries or trauma
resulting from a sexual assault.
    "Sexual assault transfer plan" means a written plan
developed by a hospital and approved by the Department, which
describes the hospital's procedures for transferring sexual
assault survivors to another hospital in order to receive
emergency treatment.
    "Sexual assault treatment plan" means a written plan
developed by a hospital that describes the hospital's
procedures and protocols for providing hospital emergency
services and forensic services to sexual assault survivors who
present themselves for such services, either directly or
through transfer from another hospital.
    "Transfer services" means the appropriate medical
screening examination and necessary stabilizing treatment
prior to the transfer of a sexual assault survivor to a
hospital that provides hospital emergency services and
forensic services to sexual assault survivors pursuant to a
sexual assault treatment plan or areawide sexual assault
treatment plan.
(Source: P.A. 95-432, eff. 1-1-08; revised 1-22-08.)
 
    Section 275. The AIDS Confidentiality Act is amended by
changing Section 9 as follows:
 
    (410 ILCS 305/9)  (from Ch. 111 1/2, par. 7309)
    Sec. 9. No person may disclose or be compelled to disclose
the identity of any person upon whom a test is performed, or
the results of such a test in a manner which permits
identification of the subject of the test, except to the
following persons:
    (a) The subject of the test or the subject's legally
authorized representative. A physician may notify the spouse of
the test subject, if the test result is positive and has been
confirmed pursuant to rules adopted by the Department, provided
that the physician has first sought unsuccessfully to persuade
the patient to notify the spouse or that, a reasonable time
after the patient has agreed to make the notification, the
physician has reason to believe that the patient has not
provided the notification. This paragraph shall not create a
duty or obligation under which a physician must notify the
spouse of the test results, nor shall such duty or obligation
be implied. No civil liability or criminal sanction under this
Act shall be imposed for any disclosure or non-disclosure of a
test result to a spouse by a physician acting in good faith
under this paragraph. For the purpose of any proceedings, civil
or criminal, the good faith of any physician acting under this
paragraph shall be presumed.
    (b) Any person designated in a legally effective release of
the test results executed by the subject of the test or the
subject's legally authorized representative.
    (c) An authorized agent or employee of a health facility or
health care provider if the health facility or health care
provider itself is authorized to obtain the test results, the
agent or employee provides patient care or handles or processes
specimens of body fluids or tissues, and the agent or employee
has a need to know such information.
    (d) The Department and local health authorities serving a
population of over 1,000,000 residents or other local health
authorities as designated by the Department, in accordance with
rules for reporting and controlling the spread of disease, as
otherwise provided by State law. The Department, local health
authorities, and authorized representatives shall not disclose
information and records held by them relating to known or
suspected cases of AIDS or HIV infection, publicly or in any
action of any kind in any court or before any tribunal, board,
or agency. AIDS and HIV infection data shall be protected from
disclosure in accordance with the provisions of Sections 8-2101
through 8-2105 of the Code of Civil Procedure.
    (e) A health facility or health care provider which
procures, processes, distributes or uses: (i) a human body part
from a deceased person with respect to medical information
regarding that person; or (ii) semen provided prior to the
effective date of this Act for the purpose of artificial
insemination.
    (f) Health facility staff committees for the purposes of
conducting program monitoring, program evaluation or service
reviews.
    (g) (Blank).
    (h) Any health care provider or employee of a health
facility, and any firefighter or EMT-A, EMT-P, or EMT-I,
involved in an accidental direct skin or mucous membrane
contact with the blood or bodily fluids of an individual which
is of a nature that may transmit HIV, as determined by a
physician in his medical judgment.
    (i) Any law enforcement officer, as defined in subsection
(c) of Section 7, involved in the line of duty in a direct skin
or mucous membrane contact with the blood or bodily fluids of
an individual which is of a nature that may transmit HIV, as
determined by a physician in his medical judgment.
    (j) A temporary caretaker of a child taken into temporary
protective custody by the Department of Children and Family
Services pursuant to Section 5 of the Abused and Neglected
Child Reporting Act, as now or hereafter amended.
    (k) In the case of a minor under 18 years of age whose test
result is positive and has been confirmed pursuant to rules
adopted by the Department, the health care provider who ordered
the test shall make a reasonable effort to notify the minor's
parent or legal guardian if, in the professional judgment
judgement of the health care provider, notification would be in
the best interest of the child and the health care provider has
first sought unsuccessfully to persuade the minor to notify the
parent or legal guardian or a reasonable time after the minor
has agreed to notify the parent or legal guardian, the health
care provider has reason to believe that the minor has not made
the notification. This subsection shall not create a duty or
obligation under which a health care provider must notify the
minor's parent or legal guardian of the test results, nor shall
a duty or obligation be implied. No civil liability or criminal
sanction under this Act shall be imposed for any notification
or non-notification of a minor's test result by a health care
provider acting in good faith under this subsection. For the
purpose of any proceeding, civil or criminal, the good faith of
any health care provider acting under this subsection shall be
presumed.
(Source: P.A. 93-482, eff. 8-8-03; 94-102, eff. 1-1-06; revised
10-28-08.)
 
    Section 280. The Hemophilia Care Act is amended by changing
Section 2.5 as follows:
 
    (410 ILCS 420/2.5)
    Sec. 2.5. Hemophilia Advisory Review Board.
    (a) The Director of Public Health in collaboration and in
consultation with the Director of Insurance, shall establish an
independent advisory board known as the Hemophilia Advisory
Review Board. The Board shall review, may comment upon, and
make recommendations to the Directors with regard to, but not
limited to the following:
        (1) Proposed legislative or administrative changes to
    policies and programs that are integral to the health and
    wellness of individuals with hemophilia and other bleeding
    disorders.
        (2) Standards of care and treatment for persons living
    with hemophilia and other bleeding disorders. In examining
    standards of care, the Board shall protect open access to
    any and all treatments for hemophilia and other bleeding
    disorders, in accordance with federal guidelines and
    standards of care guidelines developed by the Medical and
    Scientific Advisory Council (MASAC) of the National
    Hemophilia Foundation (NHF), an internationally recognized
    body whose guidelines set the standards of care for
    hemophilia and other bleeding disorders around the world.
        (3) The development of community-based initiatives to
    increase awareness of care and treatment for persons living
    with hemophilia and other bleeding disorders. The
    Department of Health may provide such services through
    cooperative agreements with Hemophilia Treatment Centers,
    medical facilities, schools, nonprofit organizations
    servicing the bleeding disorder community, or other
    appropriate means.
        (4) Facilitating linkages for persons with hemophilia
    and other bleeding disorders.
        (5) Protecting the rights of people living with
    hemophilia and other bleeding disorders to appropriate
    health insurance coverage be it under a private or
    State-sponsored health insurance provider.
    (b) The Board shall consist of the Director of Healthcare
and Family Services and the Director of Insurance or their
designee, who shall serve as non-voting members, and 7 voting
members appointed by the Governor in consultation and in
collaboration with the Directors. The voting members shall be
selected from among the following member groups:
        (1) one board-certified physician licensed, practicing
    and currently treating individuals with hemophilia or
    other bleeding disorders;
        (2) one nurse licensed, practicing and currently
    treating individuals with hemophilia or other bleeding
    disorders;
        (3) one social worker licensed, practicing and
    currently treating individuals with hemophilia or other
    bleeding disorders;
        (4) one representative of a federally funded
    Hemophilia Treatment Center;
        (5) one representative of an organization established
    under the Illinois Insurance Code for the purpose of
    providing health insurance;
        (6) one representative of a voluntary health
    organization that currently services the hemophilia and
    other bleeding disorders community; and
        (7) one patient or caregiver of a patient with
    hemophilia or other bleeding disorder.
The Board may also have up to 5 additional nonvoting members as
determined appropriate by the Directors. Nonvoting members may
be persons with or caregivers of a patient with hemophilia or a
bleeding disorder other than hemophilia or persons experienced
in the diagnosis, treatment, care, and support of individuals
with hemophilia or other bleeding disorders.
    No more than a majority of the voting members may be of the
same political party. Members of the Board shall elect one of
its members to act as chair for a term of 3 years. The chair
shall retain all voting rights. If there is a vacancy on the
Board, such position may be filled in the same manner as the
original appointment. Members of the Board shall receive no
compensation, but may be reimbursed for actual expenses
incurred in the carrying out of their duties. The Board shall
meet no less than 4 times per year and follow all policies and
procedures of the State of Illinois Open Meetings Law.
    (c) No later than 6 months after the date of enactment of
this amendatory Act, the Board shall submit to the Governor and
the General Assembly a report with recommendations for
maintaining access to care and obtaining appropriate health
insurance coverage for individuals with hemophilia and other
bleeding disorders. The report shall be subject to public
review and comment prior to adoption. No later than 6 months
after adoption by the Governor and Legislature and annually
thereafter, the Director of Healthcare and Family Services
shall issue a report, which shall be made available to the
public, on the status of implementing the recommendations as
proposed by the Board and on any state and national activities
with regard to hemophilia and other bleeding disorders.
(Source: P.A. 95-12, eff. 7-2-07; revised 10-23-08.)
 
    Section 285. The Genetic Information Privacy Act is amended
by changing Section 30 as follows:
 
    (410 ILCS 513/30)
    Sec. 30. Disclosure of person tested and test results.
    (a) No person may disclose or be compelled to disclose the
identity of any person upon whom a genetic test is performed or
the results of a genetic test in a manner that permits
identification of the subject of the test, except to the
following persons:
        (1) The subject of the test or the subject's legally
    authorized representative. This paragraph does not create
    a duty or obligation under which a health care provider
    must notify the subject's spouse or legal guardian of the
    test results, and no such duty or obligation shall be
    implied. No civil liability or criminal sanction under this
    Act shall be imposed for any disclosure or nondisclosure of
    a test result to a spouse by a physician acting in good
    faith under this paragraph. For the purpose of any
    proceedings, civil or criminal, the good faith of any
    physician acting under this paragraph shall be presumed.
        (2) Any person designated in a specific written legally
    effective release of the test results executed by the
    subject of the test or the subject's legally authorized
    representative.
        (3) An authorized agent or employee of a health
    facility or health care provider if the health facility or
    health care provider itself is authorized to obtain the
    test results, the agent or employee provides patient care,
    and the agent or employee has a need to know the
    information in order to conduct the tests or provide care
    or treatment.
        (4) A health facility or health care provider that
    procures, processes, distributes, or uses:
            (A) a human body part from a deceased person with
        respect to medical information regarding that person;
        or
            (B) semen provided prior to the effective date of
        this Act for the purpose of artificial insemination.
        (5) Health facility staff committees for the purposes
    of conducting program monitoring, program evaluation, or
    service reviews.
        (6) In the case of a minor under 18 years of age, the
    health care provider who ordered the test shall make a
    reasonable effort to notify the minor's parent or legal
    guardian if, in the professional judgment of the health
    care provider, notification would be in the best interest
    of the minor and the health care provider has first sought
    unsuccessfully to persuade the minor to notify the parent
    or legal guardian or after a reasonable time after the
    minor has agreed to notify the parent or legal guardian,
    the health care provider has reason to believe that the
    minor has not made the notification. This paragraph shall
    not create a duty or obligation under which a health care
    provider must notify the minor's parent or legal guardian
    of the test results, nor shall a duty or obligation be
    implied. No civil liability or criminal sanction under this
    Act shall be imposed for any notification or
    non-notification of a minor's test result by a health care
    provider acting in good faith under this paragraph. For the
    purpose of any proceeding, civil or criminal, the good
    faith of any health care provider acting under this
    paragraph shall be presumed.
        (7) All information and records held by a State agency
    or local health authority pertaining to genetic
    information shall be strictly confidential and exempt from
    copying and inspection under the Freedom of Information
    Act. The information and records shall not be released or
    made public by the State agency or local health authority
    and shall not be admissible as evidence nor discoverable in
    any action of any kind in any court or before any tribunal,
    board, agency, or person and shall be treated in the same
    manner as the information and those records subject to the
    provisions of Part 21 of Article VIII of the Code of Civil
    Procedure except under the following circumstances:
            (A) when made with the written consent of all
        persons to whom the information pertains;
            (B) when authorized by Section 5-4-3 of the Unified
        Code of Corrections;
            (C) when made for the sole purpose of implementing
        the Newborn Metabolic Screening Phenylketonuria
        Testing Act and rules; or
            (D) when made under the authorization of the
        Illinois Parentage Act of 1984.
    Disclosure shall be limited to those who have a need to
know the information, and no additional disclosures may be
made.
    (b) Disclosure by an insurer in accordance with the
requirements of the Article XL of the Illinois Insurance Code
shall be deemed compliance with this Section.
(Source: P.A. 90-25, eff. 1-1-98; revised 1-22-08.)
 
    Section 290. The Electronic Products Recycling and Reuse
Act is amended by changing Section 20 as follows:
 
    (415 ILCS 150/20)
    Sec. 20. Agency responsibilities.
    (a) The Agency has the authority to monitor compliance with
this Act and to refer violations of this Act to the Attorney
General.
    (b) No later than October 1 of each program year, the
Agency shall post on its website a list of underserved counties
in the State for the next program year. The list of underserved
counties for the first program year is set forth in subsection
(a) of Section 60.
    (c) By July 1, 2009, the Agency shall implement a county
and municipal government education campaign to inform those
entities about this Act and the implications on solid waste
collection in their localities.
    (d) By July 1, 2011 for the first program year, and by
April 1 for all subsequent program years, the Agency shall
report to the Governor and to the General Assembly annually on
the previous program year's performance. The report must be
posted on the Agency's website. The report must include, but
not be limited to, the following:
        (1) the total overall weight of CEDs, as well as the
    sub-total weight of computers, the sub-total weight of
    computer monitors, the sub-total weight of printers, the
    sub-total weight of televisions, and the total weight of
    EEDs that were recycled or processed for reuse in the State
    during the program year, as reported by manufacturers and
    collectors under Sections 30 and 55;
        (2) a listing of all collection sites as set forth
    under subsection (e) of Section 55;
        (3) a statement of the manufacturers' progress toward
    achieving the statewide recycling goal set forth in Section
    15 (calculated from the manufacturer reports pursuant to
    Section 30 and the collector reports pursuant to Section
    55) and any identified State actions that may help expand
    collection opportunities to help manufacturers achieve the
    statewide recycling goal;
        (4) a listing of any manufacturers whom the Agency
    referred to the Attorney General's Office for enforcement
    as a result of a violation of this Act;
        (5) a discussion of the Agency's education and outreach
    activities; and
        (6) a discussion of the penalties, if any, incurred by
    manufacturers for failure to achieve recycling goals, and a
    recommendation to the General Assembly of any necessary or
    appropriate changes to the statewide recycling goals,
    manufacturer's recycling goals, or penalty provisions
    included in this Act.
    (e) The Agency shall post on its website (1) a list of
manufacturers that have paid the current year's registration
fee as set forth in Section 30(b) and (2) a list of registered
collectors to whom Illinois residents can bring CEDs and EEDs
for recycling or processing for reuse, including links to the
collectors' websites and the collectors' phone numbers.
    (f) In program years 2012, 2013, and 2014, and at its
discretion thereafter, the Agency shall convene and host an
Electronic Products Recycling Conference. The Agency may host
the conferences alone or with other public entities or with
organizations associated with electronic products recycling.
    (g) No later than October 1 of each program year, the
Agency must post on its website the following information for
the next program year:
        (1) The overall statewide recycling and reuse goal for
    CEDs, as well as the sub-goals for televisions, and
    computers, computer monitors, and printers as set forth in
    Section 15.
        (2) The market shares of television manufacturers and
    the return shares of computer, computer monitor, and
    printer manufacturers, as set forth in Section 18, and
        (3) The individual recycling and reuse goals for each
    manufacturer, as set forth in Section 19.
    (h) By April 1, 2011, and by April 1 of all subsequent
years, the Agency shall recognize those manufacturers that have
met or exceeded their recycling or reuse goals for the previous
program year. Such recognition shall be the awarding to all
such manufacturers of an Electronic Industry Recycling Award,
which shall be recognized on the Agency website and other media
as appropriate.
    (i) By March 1, 2011, and by March 1 of each subsequent
year, the Agency shall post on its website a list of registered
manufacturers that have not met their annual recycling and
reuse goal for the previous program year.
    (j) By July 1, 2012, the Agency shall solicit written
comments regarding all aspects of the program codified in this
Act, for the purpose of determining if the program requires any
modifications.
        (1) Issues to be reviewed by the Agency are, but not
    limited to, the following:
            (A) Sufficiency of the annual statewide recycling
        goals.
            (B) Fairness of the formulas used to determine
        individual manufacturer goals.
            (C) Adequacy of, or the need for, continuation of
        the credits outlined in Section 30(d)(1) through (3).
            (D) Any temporary recissions of county landfill
        bans granted by the Illinois Pollution Control Board
        pursuant to Section 95(e).
            (E) Adequacy of, or the need for, the penalties
        listed in Section 80 of this Act, which are scheduled
        to take effect on January 1, 2013.
            (F) Adequacy of the collection systems that have
        been implemented as a result of this Act, with a
        particular focus on promoting the most cost-effective
        and convenient collection system possible for Illinois
        residents.
        (2) By July 1, 2012, the Agency shall complete its
    review of the written comments received, as well as its own
    reports on program years 2010 and 2011. By August 1, 2012,
    the Agency shall hold a public hearing to present its
    findings and solicit additional comments. All additional
    comments shall be submitted to the Agency in writing no
    later than October 1, 2012.
        (3) The Agency's final report, which shall be issued no
    later than February 1, 2013, shall be submitted to the
    Governor and the General Assembly and shall include
    specific recommendations for any necessary or appropriate
    modifications to the program.
(Source: P.A. 95-959, eff. 9-17-08; revised 9-23-08.)
 
    Section 295. The Illinois Low-Level Radioactive Waste
Management Act is amended by changing Sections 3, 15, and 18 as
follows:
 
    (420 ILCS 20/3)  (from Ch. 111 1/2, par. 241-3)
    Sec. 3. Definitions.
    "Agency" means the Illinois Emergency Management Agency.
    "Broker" means any person who takes possession of low-level
waste for purposes of consolidation and shipment.
    "Compact" means the Central Midwest Interstate Low-Level
Radioactive Waste Compact.
    "Decommissioning" means the measures taken at the end of a
facility's operating life to assure the continued protection of
the public from any residual radioactivity or other potential
hazards present at a facility.
    "Director" means the Director of the Illinois Emergency
Management Agency.
    "Disposal" means the isolation of waste from the biosphere
in a permanent facility designed for that purpose.
    "Facility" means a parcel of land or site, together with
structures, equipment and improvements on or appurtenant to the
land or site, which is used or is being developed for the
treatment, storage or disposal of low-level radioactive waste.
"Facility" does not include lands, sites, structures or
equipment used by a generator in the generation of low-level
radioactive wastes.
    "Generator" means any person who produces or possesses
low-level radioactive waste in the course of or incident to
manufacturing, power generation, processing, medical diagnosis
and treatment, research, education or other activity.
    "Hazardous waste" means a waste, or combination of wastes,
which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause or
significantly contribute to an increase in mortality or an
increase in serious, irreversible, or incapacitating
reversible, illness; or pose a substantial present or potential
hazard to human health or the environment when improperly
treated, stored, transported, or disposed of, or otherwise
managed, and which has been identified, by characteristics or
listing, as hazardous under Section 3001 of the Resource
Conservation and Recovery Act of 1976, P.L. 94-580 or under
regulations of the Pollution Control Board.
    "High-level radioactive waste" means:
        (1) the highly radioactive material resulting from the
    reprocessing of spent nuclear fuel including liquid waste
    produced directly in reprocessing and any solid material
    derived from the liquid waste that contains fission
    products in sufficient concentrations; and
        (2) the highly radioactive material that the Nuclear
    Regulatory Commission has determined, on the effective
    date of this Amendatory Act of 1988, to be high-level
    radioactive waste requiring permanent isolation.
    "Low-level radioactive waste" or "waste" means radioactive
waste not classified as high-level radioactive waste,
transuranic waste, spent nuclear fuel or byproduct material as
defined in Section 11e(2) of the Atomic Energy Act of 1954 (42
U.S.C. 2014).
    "Mixed waste" means waste that is both "hazardous waste"
and "low-level radioactive waste" as defined in this Act.
    "Person" means an individual, corporation, business
enterprise or other legal entity either public or private and
any legal successor, representative, agent or agency of that
individual, corporation, business enterprise, or legal entity.
    "Post-closure care" means the continued monitoring of the
regional disposal facility after closure for the purposes of
detecting a need for maintenance, ensuring environmental
safety, and determining compliance with applicable licensure
and regulatory requirements, and includes undertaking any
remedial actions necessary to protect public health and the
environment from radioactive releases from the facility.
    "Regional disposal facility" or "disposal facility" means
the facility established by the State of Illinois under this
Act for disposal away from the point of generation of waste
generated in the region of the Compact.
    "Release" means any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping,
leaching, dumping or disposing into the environment of
low-level radioactive waste.
    "Remedial action" means those actions taken in the event of
a release or threatened release of low-level radioactive waste
into the environment, to prevent or minimize the release of the
waste so that it does not migrate to cause substantial danger
to present or future public health or welfare or the
environment. The term includes, but is not limited to, actions
at the location of the release such as storage, confinement,
perimeter protection using dikes, trenches or ditches, clay
cover, neutralization, cleanup of released low-level
radioactive wastes, recycling or reuse, dredging or
excavations, repair or replacement of leaking containers,
collection of leachate and runoff, onsite treatment or
incineration, provision of alternative water supplies and any
monitoring reasonably required to assure that these actions
protect human health and the environment.
    "Scientific Surveys" means, collectively, the State
Geological Survey and the State Water Survey of the University
of Illinois.
    "Shallow land burial" means a land disposal facility in
which radioactive waste is disposed of in or within the upper
30 meters of the earth's surface. However, this definition
shall not include an enclosed, engineered, structurally
re-enforced and solidified bunker that extends below the
earth's surface.
    "Storage" means the temporary holding of waste for
treatment or disposal for a period determined by Agency
regulations.
    "Treatment" means any method, technique or process,
including storage for radioactive decay, designed to change the
physical, chemical or biological characteristics or
composition of any waste in order to render the waste safer for
transport, storage or disposal, amenable to recovery,
convertible to another usable material or reduced in volume.
    "Waste management" means the storage, transportation,
treatment or disposal of waste.
(Source: P.A. 95-728, eff. date - See Sec. 999; 95-777, eff.
8-4-08; revised 9-5-08.)
 
    (420 ILCS 20/15)  (from Ch. 111 1/2, par. 241-15)
    Sec. 15. Compensation.
    (a) Any person may apply to the Agency pursuant to this
Section for compensation of a loss caused by the release, in
Illinois, of radioactivity from the regional disposal
facility. The Agency Department shall prescribe appropriate
forms and procedures for claims filed pursuant to this Section,
which shall include, as a minimum, the following:
        (1) Provisions requiring the claimant to make a sworn
    verification of the claim to the best of his or her
    knowledge.
        (2) A full description, supported by appropriate
    evidence from government agencies, of the release of the
    radioactivity claimed to be the cause of the physical
    injury, illness, loss of income or property damage.
        (3) If making a claim based upon physical injury or
    illness, certification of the medical history of the
    claimant for the 5 years preceding the date of the claim,
    along with certification of the alleged physical injury or
    illness, and expenses for the physical injury or illness,
    made by hospitals, physicians or other qualified medical
    authorities.
        (4) If making a claim for lost income, information on
    the claimant's income as reported on his or her federal
    income tax return or other document for the preceding 3
    years in order to compute lost wages or income.
    (b) The Agency shall hold at least one hearing, if
requested by the claimant, within 60 days of submission of a
claim to the Agency. The Director shall render a decision on a
claim within 30 days of the hearing unless all of the parties
to the claim agree in writing to an extension of time. All
decisions rendered by the Director shall be in writing, with
notification to all appropriate parties. The decision shall be
considered a final administrative decision for the purposes of
judicial review.
    (c) The following losses shall be compensable under this
Section, provided that the Agency has found that the claimant
has established, by the weight of the evidence, that the losses
were proximately caused by the designated release and are not
otherwise compensable under law:
        (1) One hundred percent of uninsured, out-of-pocket
    medical expenses, for up to 3 years from the onset of
    treatment;
        (2) Eighty percent of any uninsured, actual lost wages,
    or business income in lieu of wages, caused by injury to
    the claimant or the claimant's property, not to exceed
    $15,000 per year for 3 years;
        (3) Eighty percent of any losses or damages to real or
    personal property; and
        (4) One hundred percent of costs of any remedial
    actions on such property necessary to protect human health
    and the environment.
    (d) No claim may be presented to the Agency under this
Section later than 5 years from the date of discovery of the
damage or loss.
    (e) Compensation for any damage or loss under this Section
shall preclude indemnification or reimbursement from any other
source for the identical damage or loss, and indemnification or
reimbursement from any other source shall preclude
compensation under this Section.
    (f) The Agency shall adopt, and revise when appropriate,
rules and regulations necessary to implement the provisions of
this Section, including methods that provide for establishing
that a claimant has exercised reasonable diligence in
satisfying the conditions of the application requirements, for
specifying the proof necessary to establish a damage or loss
compensable under this Section and for establishing the
administrative procedures to be followed in reviewing claims.
    (g) Claims approved by the Director shall be paid from the
Low-Level Radioactive Waste Facility Closure, Post-Closure
Care and Compensation Fund, except that claims shall not be
paid in excess of the amount available in the Fund. In the case
of insufficient amounts in the Fund to satisfy claims against
the Fund, the General Assembly may appropriate monies to the
Fund in amounts it deems necessary to pay the claims.
(Source: P.A. 95-777, eff. 8-4-08; revised 9-16-08.)
 
    (420 ILCS 20/18)  (from Ch. 111 1/2, par. 241-18)
    Sec. 18. Judicial review. Any person affected by a final
order or determination of the Agency Department under this Act
may obtain judicial review, by filing a petition for review
within 90 days after the entry of the order or other final
action complained of.
    The review proceeding shall be conducted in accordance with
the Administrative Review Law, except that the proceeding shall
originate in the appellate court rather than in the circuit
court.
(Source: P.A. 86-1044; 86-1050; 86-1475; 87-1244; 87-1267;
revised 9-16-08.)
 
    Section 300. The Livestock Management Facilities Act is
amended by changing Section 13 as follows:
 
    (510 ILCS 77/13)
    Sec. 13. Livestock waste handling facilities other than
earthen livestock waste lagoons; construction standards;
certification; inspection; removal-from-service requirements.
    (a) After the effective date of this amendatory Act of
1999, livestock waste handling facilities other than earthen
livestock waste lagoons used for the storage of livestock waste
shall be constructed in accordance with this Section.
        (1) Livestock waste handling facilities constructed of
    concrete shall meet the strength and load factors set forth
    in the Midwest Plan Service's Concrete Manure Storage
    Handbook (MWPS-36) and future updates. In addition, those
    structures shall meet the following requirements:
            (A) Waterstops shall be incorporated into the
        design of the storage structure when consistent with
        the requirements of paragraph (1) of this subsection;
            (B) Storage structures that handle waste in a
        liquid form shall be designed to contain a volume of
        not less than the amount of waste generated during 150
        days of facility operation at design capacity; the
        owner or operator of a livestock waste handling
        facility constructed with concrete with a design
        capacity of less than 300 animal units may demonstrate
        to the Department that a reduced storage volume, not
        less than 60 days, is feasible due to (i) the
        availability of land application areas that can
        receive manure at agronomic rates or (ii) another
        manure disposal method is proposed that will allow for
        the reduced manure storage design capacity; the
        Department shall evaluate the proposal and determine
        whether a reduced manure storage design capacity is
        appropriate for the site; and
            (C) Storage structures not covered or otherwise
        protected from precipitation shall, in addition to the
        waste storage volume requirements of subparagraph (B)
        of paragraph (1) of this subsection, include a 2-foot
        freeboard.
        (2) A livestock waste handling facility in a
    prefabricated form shall meet the strength, load, and
    compatibility factors for its intended use. Those factors
    shall be verified by the manufacturer's specifications.
        (3) Livestock waste handling facilities holding
    semi-solid livestock waste, including but not limited to
    picket dam structures, shall be constructed according to
    the requirements set forth in the Midwest Plan Service's
    Livestock Waste Facilities Handbook (MWPS-18) and future
    updates or similar standards used by the Natural Resources
    Conservation Service of the United States Department of
    Agriculture.
        (4) Livestock waste handling facilities holding solid
    livestock waste shall be constructed according to the
    requirements set forth in the Midwest Plan Service's
    Livestock Waste Facilities Handbook (MWPS-18) and future
    updates or similar standards used by the Natural Resources
    Conservation Service of the United States Department of
    Agriculture. In addition, solid livestock waste stacking
    structures shall be sized to store not less than the amount
    of waste generated during 6 months of facility operation at
    design capacity. The owner or operator of a livestock waste
    handling facility holding solid livestock waste with a
    design capacity of less than 300 animal units may
    demonstrate to the Department that a reduced storage
    volume, not less than 2 months, is feasible due to (i) the
    availability of land application areas that can receive
    manure at agronomic rates or (ii) another manure disposal
    method is proposed that will allow for the reduced storage
    design capacity. The Department shall evaluate the
    proposal and determine whether a reduced manure storage
    design capacity is appropriate for the site.
        (5) Holding ponds used for the temporary storage of
    livestock feedlot run-off shall be constructed according
    to the requirements set forth in the Midwest Plan Service's
    Livestock Waste Facilities Handbook (MWPS-18) and future
    updates or similar standards used by the Natural Resources
    Conservation Service of the United States Department of
    Agriculture.
    (b) New livestock management facilities and livestock
waste handling facilities constructed after the effective date
of this amendatory Act of 1999 shall be subject to the
additional construction requirements and siting prohibitions
provided in this subsection (b).
        (1) No new non-lagoon livestock management facility or
    livestock waste handling facility may be constructed
    within the floodway of a 100-year floodplain. A new
    livestock management facility or livestock waste handling
    facility may be constructed within the portion of a
    100-year floodplain that is within the flood fringe and
    outside the floodway provided that the facility is designed
    and constructed to be protected from flooding and meets the
    requirements set forth in the Rivers, Lakes, and Streams
    Act, Section 5-40001 of the Counties Code, and Executive
    Order Number 4 (1979). The delineation of floodplains,
    floodways, and flood fringes shall be in compliance with
    the National Flood Insurance Program. Protection from
    flooding shall be consistent with the National Flood
    Insurance Program and shall be designed so that stored
    livestock waste is not readily removed.
        (2) A new non-lagoon livestock waste handling facility
    constructed in a karst area shall be designed to prevent
    seepage of the stored material into groundwater in
    accordance with ASAE 393.2 or future updates. Owners or
    operators of proposed facilities should consult with the
    local soil and water conservation district, the University
    of Illinois Cooperative Extension Service, or other local,
    county, or State resources relative to determining the
    possible presence or absence of such areas.
    Notwithstanding the other provisions of this paragraph
    (2), after the effective date of this amendatory Act of
    1999, no non-lagoon livestock waste handling facility may
    be constructed within 400 feet of any natural depression in
    a karst area formed as a result of subsurface removal of
    soil or rock materials that has caused the formation of a
    collapse feature that exhibits internal drainage. For the
    purposes of this paragraph (2), the existence of such a
    natural depression in a karst area shall be indicated by
    the uppermost closed depression contour lines on a USGS 7
    1/2 minute quadrangle topographic map or as determined by
    Department field investigation in a karst area.
        (3) A new non-lagoon livestock waste handling facility
    constructed in an area where aquifer material is present
    within 5 feet of the bottom of the facility shall be
    designed to ensure the structural integrity of the
    containment structure and to prevent seepage of the stored
    material to groundwater. Footings and underlying structure
    support shall be incorporated into the design standards of
    the storage structure in accordance with the requirements
    of Section 4.1 of the American Society of Agricultural
    Engineers (ASAE) EP 393.2 or future updates.
    (c) A livestock waste handling facility owner may rely on
guidance from the local soil and water conservation district,
the Natural Resources Conservation Service of the United States
Department of Agriculture, or the University of Illinois
Cooperative Extension Service for soil type and associated
information.
    (d) The standards in subsections (a) and (b) shall serve as
interim construction standards until such time as permanent
rules promulgated pursuant to Section 55 of this Act become
effective. In addition, the Department and the Board shall
utilize the interim standards in subsections (a) and (b) as a
basis for the development of such permanent rules.
    (e) The owner or operator of a livestock management
facility or livestock waste handling facility may, with the
approval of the Department, elect to exceed the strength and
load requirements as set forth in this Section.
    (f) The owner or operator of a livestock management
facility or livestock waste handling facility shall send, by
certified mail or in person, to the Department a certification
of compliance together with copies of verification documents
upon completion of construction. In the case of structures
constructed with the design standards used by the Natural
Resources Conservation Service of the United States Department
of Agriculture, copies of the design standards and a statement
of verification signed by a representative of the United States
Department of Agriculture shall accompany the owner's or
operator's certification of compliance. The certification
shall state that the structure meets or exceeds the
requirements in subsection (a) of this Section. A $250 filing
fee shall accompany the statement.
    (g) The Department shall inspect the construction site
prior to construction, during construction, and within 10
business days following receipt of the certification of
compliance to determine compliance with the construction
standards.
    (h) The Department shall require modification when
necessary to bring the construction into compliance with the
standards set forth in this Section. The person making the
inspection shall discuss with the owner, operator, or certified
livestock manager an evaluation of the livestock waste handling
facility construction and shall (i) provide on-site written
recommendations to the owner, operator, or certified livestock
manager of what modifications are necessary or (ii) inform the
owner, operator, or certified livestock manager that the
facility meets the standards set forth in this Section. On the
day of the inspection, the person making the inspection shall
give the owner, operator, or certified livestock manager a
written report of findings based on the inspection together
with an explanation of remedial measures necessary to enable
the livestock waste handling facility to meet the standards set
forth in this Section. The Department shall, within 5 business
days of the date of inspection, send an official written notice
to the owner or operator of the livestock waste handling
facility by certified mail, return receipt requested,
indicating that the facility meets the standards set forth in
this Section or identifying the remedial measures necessary to
enable the livestock waste handling facility to meet the
standards set forth in this Section. The owner or operator
shall, within 10 business days of receipt of an official
written notice of deficiencies, contact the Department to
develop the principles of an agreement of compliance. The owner
or operator and the Department shall enter into an agreement of
compliance setting forth the specific changes to be made to
bring the construction into compliance with the standards
required under this Section. If an agreement of compliance
cannot be achieved, the Department shall issue a compliance
order to the owner or operator outlining the specific changes
to be made to bring the construction into compliance with the
standards required under this Section. The owner or operator
can request an administrative hearing to contest the provisions
of the Department's compliance order.
    (i) (Blank).
    (j) If any owner or operator operates in violation of an
agreement of compliance, the Department shall seek an
injunction in circuit court to prohibit the operation of the
facility until construction and certification of the livestock
waste handling facility are in compliance with the provisions
of this Section.
    (k) When any livestock management facility not using an
earthen livestock waste lagoon is removed from service, the
accumulated livestock waste remaining within the facility
shall be removed and applied to land at rates consistent with a
waste management plan for the facility. Removal of the waste
shall occur within 12 months after the date livestock
production at the facility ceases. In addition, the owner or
operator shall make provisions to prevent the accumulation of
precipitation within the livestock waste handling facility.
Upon completion of the removal of manure, the owner or operator
of the facility shall notify the Department that the facility
is being removed from service and the remaining manure has been
removed. The Department shall conduct an inspection of the
livestock waste handling facility and inform the owner or
operator in writing that the requirements imposed under this
subsection (k) have been met or that additional actions are
necessary. Commencement of operations at a facility that has
livestock shelters left intact and that has completed the
requirements imposed under this subsection (k) and that has
been operated as a livestock management facility or livestock
waste handling facility for 4 consecutive months at any time
within the previous 10 years shall not be considered a new or
expanded livestock management or waste handling facility. A new
facility constructed after May 21, 1996 that has been removed
from service for a period of 2 or more years shall not be
placed back into service prior to an inspection of the
livestock waste handling facility and receipt of written
approval by the Department.
(Source: P.A. 95-38, eff. 1-1-08; revised 10-28-08.)
 
    Section 305. The Illinois Natural Areas Preservation Act is
amended by changing Section 7.05 as follows:
 
    (525 ILCS 30/7.05)  (from Ch. 105, par. 707.05)
    Sec. 7.05. To acquire by gift, legacy, purchase, transfer,
grant, agreement, dedication, or condemnation under the
Eminent Domain Act Article VII of the Code of Civil Procedure,
approved August 19, 1981, as amended, or other method, the fee
simple title to real property or any lesser estates, interests
or rights therein, including but not limited to leasehold
estates, easements either appurtenant or in gross and either
granting the Department specified rights of use or denying to
the grantor specified rights of use or both (which easements
may be perpetual and shall not be extinguished by conveyance of
the servient estate), licenses, covenants, and other
contractual rights in real property and to hold and manage the
same for the purposes of this Act, and with or without public
access.
(Source: P.A. 83-388; revised 1-30-08.)
 
    Section 310. The Illinois Highway Code is amended by
changing Section 5-409 as follows:
 
    (605 ILCS 5/5-409)  (from Ch. 121, par. 5-409)
    Sec. 5-409. Partial payments on contracts let by a county
for highway work may be made as the work progresses but no
payment in excess of 90% of the value of the work then
completed may be made until 50% of the work has been completed.
After 50% of the work is completed, the county may, in its
discretion, make partial payments without any further
retention, provided that satisfactory progress is being made
and provided that the amount retained is not less than 5% of
the total adjusted contract price.
    At the discretion of the county and with the consent of the
surety, a semi-final payment may be made when the principal
items of the work have been satisfactorily completed. Such
payment shall not exceed 90% of the amount retained nor reduce
the amount retained to less than 1% of the adjusted contract
price nor less than $500.00.
    Final payment under the contract shall not be made until it
is shown that all money due for any labor, material, apparatus,
fixtures or machinery furnished to the contractor or other
indebtedness of the contractor incurred in connection with such
work has been paid.
    Furthermore, if the contract is one that was approved by
the Department, no final payment shall be made until the county
has received approval by the Department to do so.
    This Section is also subject to the provisions of Section
23 of the Mechanics Lien Act "An Act to revise the law in
relation to mechanics' liens", approved May 18, 1903, as
heretofore or hereafter amended.
(Source: Laws 1963, p. 2796; revised 10-28-08.)
 
    Section 315. The Illinois Aeronautics Act is amended by
changing Section 82 as follows:
 
    (620 ILCS 5/82)  (from Ch. 15 1/2, par. 22.82)
    Sec. 82. "Short title". This Act may be cited as the
"Illinois Aeronautics Act".
(Source: Laws 1945, p. 335; revised 11-5-08.)
 
    Section 320. The Illinois Vehicle Code is amended by
changing Sections 1-101.5, 3-819, 5-403, 6-205, 6-206,
11-204.1, and 12-610.5 and by setting forth and renumbering
multiple versions of Sections 3-674 and 3-680 as follows:
 
    (625 ILCS 5/1-101.5)
    Sec. 1-101.5. Agency. For the purposes of Chapter Chapters
13B and 13C, "Agency" means the Illinois Environmental
Protection Agency.
(Source: P.A. 94-526, eff. 1-1-06; revised 11-6-08.)
 
    (625 ILCS 5/3-674)
    Sec. 3-674. Sheet Metal Workers International Association
license plates.
    (a) The Secretary, upon receipt of all applicable fees and
applications made in the form prescribed by the Secretary, may
issue special registration plates designated as Sheet Metal
Workers International Association license plates. The special
plates issued under this Section shall be affixed only to
passenger vehicles of the first division or motor vehicles of
the second division weighing not more than 8,000 pounds. Plates
issued under this Section shall expire according to the
multi-year procedure established by Section 3-414.1 of this
Code.
    (b) The design and color of the special plates shall be
wholly within the discretion of the Secretary. Appropriate
documentation, as determined by the Secretary, shall accompany
each application. The Secretary may allow the plates to be
issued as vanity plates or personalized plates under Section
3-405.1 of this Code. The Secretary shall prescribe stickers or
decals as provided under Section 3-412 of this Code.
    (c) An applicant for the special plate shall be charged a
$25 fee for original issuance in addition to the appropriate
registration fee. Of this fee, $10 shall be deposited into the
Sheet Metal Workers International Association of Illinois Fund
and $15 shall be deposited into the Secretary of State Special
License Plate Fund, to be used by the Secretary to help defray
the administrative processing costs.
    For each registration renewal period, a $25 fee, in
addition to the appropriate registration fee, shall be charged.
Of this fee, $23 shall be deposited into the Sheet Metal
Workers International Association of Illinois Fund and $2 shall
be deposited into the Secretary of State Special License Plate
Fund.
    (d) The Sheet Metal Workers International Association of
Illinois Fund is created as a special fund in the State
treasury. All moneys in the Sheet Metal Workers International
Association of Illinois Fund shall be paid, subject to
appropriation by the General Assembly and approval by the
Secretary, as grants for charitable purposes sponsored by
Illinois local chapters of the Sheet Metal Workers
International Association.
(Source: P.A. 95-531, eff. 1-1-08; 95-876, eff. 8-21-08.)
 
    (625 ILCS 5/3-680)
    Sec. 3-680. U.S. Army Veteran license plates.
    (a) In addition to any other special license plate, the
Secretary, upon receipt of all applicable fees and applications
made in the form prescribed by the Secretary of State, may
issue U.S. Army Veteran license plates to residents of Illinois
who meet eligibility requirements prescribed by the Secretary
of State. The special U.S. Army Veteran plate issued under this
Section shall be affixed only to passenger vehicles of the
first division, motorcycles, and motor vehicles of the second
division weighing not more than 8,000 pounds. Plates issued
under this Section shall expire according to the staggered
multi-year procedure established by Section 3-414.1 of this
Code.
    (b) The design, color, and format of the plates shall be
wholly within the discretion of the Secretary of State. The
Secretary may, in his or her discretion, allow the plates to be
issued as vanity or personalized plates in accordance with
Section 3-405.1 of this Code. The plates are not required to
designate "Land Of Lincoln", as prescribed in subsection (b) of
Section 3-412 of this Code. The Secretary shall prescribe the
eligibility requirements and, in his or her discretion, shall
approve and prescribe stickers or decals as provided under
Section 3-412.
    (c) An applicant shall be charged a $15 fee for original
issuance in addition to the applicable registration fee. This
additional fee shall be deposited into the Secretary of State
Special License Plate Fund. For each registration renewal
period, a $2 fee, in addition to the applicable registration
fee, shall be charged and shall be deposited into the Secretary
of State Special License Plate Fund.
(Source: P.A. 95-796, eff. 8-11-08.)
 
    (625 ILCS 5/3-682)
    Sec. 3-682 3-680. Illinois Police Association license
plates.
    (a) The Secretary, upon receipt of an application made in
the form prescribed by the Secretary, may issue special
registration plates designated as Illinois Police Association
license plates. The special plates issued under this Section
shall be affixed only to passenger vehicles of the first
division and motor vehicles of the second division weighing not
more than 8,000 pounds. Plates issued under this Section shall
expire according to the multi-year procedure established by
Section 3-414.1 of this Code.
    (b) The design and color of the plates is wholly within the
discretion of the Secretary. The Secretary may allow the plates
to be issued as vanity plates or personalized under Section
3-405.1 of the Code. The Secretary shall prescribe stickers or
decals as provided under Section 3-412 of this Code. The
Secretary may, in his or her discretion, allow the plates to be
issued as vanity or personalized plates in accordance with
Section 3-405.1 of this Code.
    (c) An applicant for the special plate shall be charged a
$25 fee for original issuance in addition to the appropriate
registration fee. Of this fee, $10 shall be deposited into the
Illinois Police Association Fund and $15 shall be deposited
into the Secretary of State Special License Plate Fund, to be
used by the Secretary to help defray the administrative
processing costs.
    For each registration renewal period, a $25 fee, in
addition to the appropriate registration fee, shall be charged.
Of this fee, $23 shall be deposited into the Illinois Police
Association Fund and $2 shall be deposited into the Secretary
of State Special License Plate Fund.
    (d) The Illinois Police Association Fund is created as a
special fund in the State treasury. All money in the Illinois
Police Association Fund shall be used, subject to
appropriation, for providing death benefits for the families of
police officers killed in the line of duty, and for providing
scholarships, for graduate study, undergraduate study, or
both, to children and spouses of police officers killed in the
line of duty.
(Source: P.A. 95-795, eff. 1-1-09; revised 9-5-08.)
 
    (625 ILCS 5/3-683)
    Sec. 3-683 3-674. Distinguished Service Cross license
plates. The Secretary, upon receipt of an application made in
the form prescribed by the Secretary of State, shall issue
special registration plates to any Illinois resident who has
been awarded the Distinguished Service Cross by a branch of the
armed forces of the United States. The Secretary, upon receipt
of the proper application, shall also issue these special
registration plates to an Illinois resident who is the
surviving spouse of a person who was awarded the Distinguished
Service Cross by a branch of the armed forces of the United
States. The special plates issued under this Section should be
affixed only to passenger vehicles of the first division,
including motorcycles, or motor vehicles of the second division
weighing not more than 8,000 pounds.
    The design and color of the plates shall be wholly within
the discretion of the Secretary of State. Appropriate
documentation, as determined by the Secretary, and the
appropriate registration fee shall accompany the application.
However, for an individual who has been issued Distinguished
Service Cross plates for a vehicle and who has been approved
for benefits under the Senior Citizens and Disabled Persons
Property Tax Relief and Pharmaceutical Assistance Act, the
annual fee for the registration of the vehicle shall be as
provided in Section 3-806.3 of this Code.
(Source: P.A. 95-794, eff. 1-1-09; revised 9-25-08.)
 
    (625 ILCS 5/3-819)  (from Ch. 95 1/2, par. 3-819)
    Sec. 3-819. Trailer; Flat weight tax.
    (a) Farm Trailer. Any farm trailer drawn by a motor vehicle
of the second division registered under paragraph (a) or (c) of
Section 3-815 and used exclusively by the owner for his own
agricultural, horticultural or livestock raising operations
and not used for hire, or any farm trailer utilized only in the
transportation for-hire of seasonal, fresh, perishable fruit
or vegetables from farm to the point of first processing, and
any trailer used with a farm tractor that is not an implement
of husbandry may be registered under this paragraph in lieu of
registration under paragraph (b) of this Section upon the
filing of a proper application and the payment of the $10
registration fee and the highway use tax herein for use of the
public highways of this State, at the following rates which
include the $10 registration fee:
SCHEDULE OF FEES AND TAXES
Gross Weight in Lbs.ClassTotal Amount
Including Vehicleeach
and Maximum LoadFiscal Year
10,000 lbs. or lessVDD $60
10,001 to 14,000 lbs.VDE106
14,001 to 20,000 lbs.VDG166
20,001 to 28,000 lbs.VDJ378
28,001 to 36,000 lbs.VDL650
    An owner may only apply for and receive two farm trailer
registrations.
    (b) All other owners of trailers, other than apportionable
trailers registered under Section 3-402.1 of this Code, used
with a motor vehicle on the public highways, shall pay to the
Secretary of State for each registration year a flat weight
tax, for the use of the public highways of this State, at the
following rates (which includes the registration fee of $10
required by Section 3-813):
SCHEDULE OF TRAILER FLAT
WEIGHT TAX REQUIRED
BY LAW
Gross Weight in Lbs.Total Fees
Including Vehicle andeach
Maximum LoadClassFiscal Year
3,000 lbs. and lessTA$18
5,000 lbs. and more than 3,000TB54
8,000 lbs. and more than 5,000TC58
10,000 lbs. and more than 8,000TD106
14,000 lbs. and more than 10,000TE170
20,000 lbs. and and more than 14,000TG258
32,000 lbs. and more than 20,000TK722
36,000 lbs. and more than 32,000TL1,082
40,000 lbs. and more than 36,000TN1,502
    (c) The number of axles necessary to carry the maximum load
provided shall be determined from Chapter 15 of this Code.
(Source: P.A. 91-37, eff. 7-1-99; revised 10-23-08.)
 
    (625 ILCS 5/5-403)  (from Ch. 95 1/2, par. 5-403)
    Sec. 5-403. (1) Authorized representatives of the
Secretary of State including officers of the Secretary of
State's Department of Police, other peace officers, and such
other individuals as the Secretary may designate from time to
time shall make inspections of individuals and facilities
licensed or required to be licensed under Chapter 5 of the
Illinois Vehicle Code for the purpose of reviewing records
required to be maintained under Chapter 5 for accuracy and
completeness and reviewing and examining the premises of the
licensee's established or additional place of business for the
purpose of determining the accuracy of the required records.
Premises that may be inspected in order to determine the
accuracy of the books and records required to be kept includes
all premises used by the licensee to store vehicles and parts
that are reflected by the required books and records.
    (2) Persons having knowledge of or conducting inspections
pursuant to this Chapter shall not in advance of such
inspections knowingly notify a licensee or representative of a
licensee of the contemplated inspection unless the Secretary or
an individual designated by him for this purpose authorizes
such notification. Any individual who, without authorization,
knowingly violates this subparagraph shall be guilty of a Class
A misdemeanor.
    (3) The licensee or a representative of the licensee shall
be entitled to be present during an inspection conducted
pursuant to Chapter 5, however, the presence of the licensee or
an authorized representative of the licensee is not a condition
precedent to such an inspection.
    (4) Inspection conducted pursuant to Chapter 5 may be
initiated at any time that business is being conducted or work
is being performed, whether or not open to the public or when
the licensee or a representative of the licensee, other than a
mere custodian or watchman, is present. The fact that a
licensee or representative of the licensee leaves the licensed
premises after an inspection has been initiated shall not
require the termination of the inspection.
    (5) Any inspection conducted pursuant to Chapter 5 shall
not continue for more than 24 hours after initiation.
    (6) In the event information comes to the attention of the
individuals conducting an inspection that may give rise to the
necessity of obtaining a search warrant, and in the event steps
are initiated for the procurement of a search warrant, the
individuals conducting such inspection may take all necessary
steps to secure the premises under inspection until the warrant
application is acted upon by a judicial officer.
    (7) No more than 6 inspections of a premises may be
conducted pursuant to Chapter 5 within any 6 month period
except pursuant to a search warrant. Notwithstanding this
limitation, nothing in this subparagraph (7) shall be construed
to limit the authority of law enforcement agents to respond to
public complaints of violations of the Code. For the purpose of
this subparagraph (7), a public complaint is one in which the
complainant identifies himself or herself and sets forth, in
writing, the specific basis for their complaint against the
licensee. For the purpose of this subparagraph (7), the
inspection of records pertaining only to recyclable metals, as
provided in subdivision (a)(5) of Section 5-401.3 of this Code,
shall not be counted as an inspection of a premises.
    (8) Nothing in this Section shall be construed to limit the
authority of individuals by the Secretary pursuant to this
Section to conduct searches of licensees pursuant to a duly
issued and authorized search warrant.
    (9) Any licensee who, having been informed by a person
authorized to make inspections and examine records under this
Section that he desires to inspect records and the licensee's
premises as authorized by this Section, refuses either to
produce for that person records required to be kept by this
Chapter or to permit such authorized person to make an
inspection of the premises in accordance with this Section
shall subject the license to immediate suspension by the
Secretary of State.
    (10) Beginning July 1, 1988, any person referenced under
Section 5-302 shall produce for inspection upon demand those
records pertaining to the acquisition of salvage vehicles in
this State.
(Source: P.A. 95-253, eff. 1-1-08; 95-783, eff. 1-1-09; 95-979,
eff. 1-2-09; revised 10-14-08.)
 
    (625 ILCS 5/6-205)  (from Ch. 95 1/2, par. 6-205)
    Sec. 6-205. Mandatory revocation of license or permit;
Hardship cases.
    (a) Except as provided in this Section, the Secretary of
State shall immediately revoke the license, permit, or driving
privileges of any driver upon receiving a report of the
driver's conviction of any of the following offenses:
        1. Reckless homicide resulting from the operation of a
    motor vehicle;
        2. Violation of Section 11-501 of this Code or a
    similar provision of a local ordinance relating to the
    offense of operating or being in physical control of a
    vehicle while under the influence of alcohol, other drug or
    drugs, intoxicating compound or compounds, or any
    combination thereof;
        3. Any felony under the laws of any State or the
    federal government in the commission of which a motor
    vehicle was used;
        4. Violation of Section 11-401 of this Code relating to
    the offense of leaving the scene of a traffic accident
    involving death or personal injury;
        5. Perjury or the making of a false affidavit or
    statement under oath to the Secretary of State under this
    Code or under any other law relating to the ownership or
    operation of motor vehicles;
        6. Conviction upon 3 charges of violation of Section
    11-503 of this Code relating to the offense of reckless
    driving committed within a period of 12 months;
        7. Conviction of any offense defined in Section 4-102
    of this Code;
        8. Violation of Section 11-504 of this Code relating to
    the offense of drag racing;
        9. Violation of Chapters 8 and 9 of this Code;
        10. Violation of Section 12-5 of the Criminal Code of
    1961 arising from the use of a motor vehicle;
        11. Violation of Section 11-204.1 of this Code relating
    to aggravated fleeing or attempting to elude a peace
    officer;
        12. Violation of paragraph (1) of subsection (b) of
    Section 6-507, or a similar law of any other state,
    relating to the unlawful operation of a commercial motor
    vehicle;
        13. Violation of paragraph (a) of Section 11-502 of
    this Code or a similar provision of a local ordinance if
    the driver has been previously convicted of a violation of
    that Section or a similar provision of a local ordinance
    and the driver was less than 21 years of age at the time of
    the offense;
        14. Violation of Section 11-506 of this Code or a
    similar provision of a local ordinance relating to the
    offense of street racing.
    (b) The Secretary of State shall also immediately revoke
the license or permit of any driver in the following
situations:
        1. Of any minor upon receiving the notice provided for
    in Section 5-901 of the Juvenile Court Act of 1987 that the
    minor has been adjudicated under that Act as having
    committed an offense relating to motor vehicles prescribed
    in Section 4-103 of this Code;
        2. Of any person when any other law of this State
    requires either the revocation or suspension of a license
    or permit;
        3. Of any person adjudicated under the Juvenile Court
    Act of 1987 based on an offense determined to have been
    committed in furtherance of the criminal activities of an
    organized gang as provided in Section 5-710 of that Act,
    and that involved the operation or use of a motor vehicle
    or the use of a driver's license or permit. The revocation
    shall remain in effect for the period determined by the
    court. Upon the direction of the court, the Secretary shall
    issue the person a judicial driving permit, also known as a
    JDP. The JDP shall be subject to the same terms as a JDP
    issued under Section 6-206.1, except that the court may
    direct that a JDP issued under this subdivision (b)(3) be
    effective immediately.
    (c)(1) Except as provided in subsection (c-5), whenever a
person is convicted of any of the offenses enumerated in this
Section, the court may recommend and the Secretary of State in
his discretion, without regard to whether the recommendation is
made by the court may, upon application, issue to the person a
restricted driving permit granting the privilege of driving a
motor vehicle between the petitioner's residence and
petitioner's place of employment or within the scope of the
petitioner's employment related duties, or to allow the
petitioner to transport himself or herself or a family member
of the petitioner's household to a medical facility for the
receipt of necessary medical care or to allow the petitioner to
transport himself or herself to and from alcohol or drug
remedial or rehabilitative activity recommended by a licensed
service provider, or to allow the petitioner to transport
himself or herself or a family member of the petitioner's
household to classes, as a student, at an accredited
educational institution, or to allow the petitioner to
transport children living in the petitioner's household to and
from daycare; if the petitioner is able to demonstrate that no
alternative means of transportation is reasonably available
and that the petitioner will not endanger the public safety or
welfare; provided that the Secretary's discretion shall be
limited to cases where undue hardship, as defined by the rules
of the Secretary of State, would result from a failure to issue
the restricted driving permit. Those multiple offenders
identified in subdivision (b)4 of Section 6-208 of this Code,
however, shall not be eligible for the issuance of a restricted
driving permit.
        (2) If a person's license or permit is revoked or
    suspended due to 2 or more convictions of violating Section
    11-501 of this Code or a similar provision of a local
    ordinance or a similar out-of-state offense, or Section 9-3
    of the Criminal Code of 1961, where the use of alcohol or
    other drugs is recited as an element of the offense, or a
    similar out-of-state offense, or a combination of these
    offenses, arising out of separate occurrences, that
    person, if issued a restricted driving permit, may not
    operate a vehicle unless it has been equipped with an
    ignition interlock device as defined in Section 1-129.1.
        (3) If:
            (A) a person's license or permit is revoked or
        suspended 2 or more times within a 10 year period due
        to any combination of:
                (i) a single conviction of violating Section
            11-501 of this Code or a similar provision of a
            local ordinance or a similar out-of-state offense,
            or Section 9-3 of the Criminal Code of 1961, where
            the use of alcohol or other drugs is recited as an
            element of the offense, or a similar out-of-state
            offense; or
                (ii) a statutory summary suspension under
            Section 11-501.1; or
                (iii) a suspension pursuant to Section
            6-203.1;
        arising out of separate occurrences; or
            (B) a person has been convicted of one violation of
        Section 6-303 of this Code committed while his or her
        driver's license, permit, or privilege was revoked
        because of a violation of Section 9-3 of the Criminal
        Code of 1961, relating to the offense of reckless
        homicide, or a similar provision of a law of another
        state; ,
    that person, if issued a restricted driving permit, may not
    operate a vehicle unless it has been equipped with an
    ignition interlock device as defined in Section 1-129.1.
        (4) The person issued a permit conditioned on the use
    of an ignition interlock device must pay to the Secretary
    of State DUI Administration Fund an amount not to exceed
    $30 per month. The Secretary shall establish by rule the
    amount and the procedures, terms, and conditions relating
    to these fees.
        (5) If the restricted driving permit is issued for
    employment purposes, then the prohibition against
    operating a motor vehicle that is not equipped with an
    ignition interlock device does not apply to the operation
    of an occupational vehicle owned or leased by that person's
    employer when used solely for employment purposes.
        (6) In each case the Secretary of State may issue a
    restricted driving permit for a period he deems
    appropriate, except that the permit shall expire within one
    year from the date of issuance. The Secretary may not,
    however, issue a restricted driving permit to any person
    whose current revocation is the result of a second or
    subsequent conviction for a violation of Section 11-501 of
    this Code or a similar provision of a local ordinance or
    any similar out-of-state offense, or Section 9-3 of the
    Criminal Code of 1961, where the use of alcohol or other
    drugs is recited as an element of the offense, or any
    similar out-of-state offense, or any combination of these
    offenses, until the expiration of at least one year from
    the date of the revocation. A restricted driving permit
    issued under this Section shall be subject to cancellation,
    revocation, and suspension by the Secretary of State in
    like manner and for like cause as a driver's license issued
    under this Code may be cancelled, revoked, or suspended;
    except that a conviction upon one or more offenses against
    laws or ordinances regulating the movement of traffic shall
    be deemed sufficient cause for the revocation, suspension,
    or cancellation of a restricted driving permit. The
    Secretary of State may, as a condition to the issuance of a
    restricted driving permit, require the petitioner to
    participate in a designated driver remedial or
    rehabilitative program. The Secretary of State is
    authorized to cancel a restricted driving permit if the
    permit holder does not successfully complete the program.
    However, if an individual's driving privileges have been
    revoked in accordance with paragraph 13 of subsection (a)
    of this Section, no restricted driving permit shall be
    issued until the individual has served 6 months of the
    revocation period.
    (c-5) The Secretary may not issue a restricted driving
permit to any person who has been convicted of a second or
subsequent violation of Section 6-303 of this Code committed
while his or her driver's license, permit, or privilege was
revoked because of a violation of Section 9-3 of the Criminal
Code of 1961, relating to the offense of reckless homicide, or
a similar provision of a law of another state.
    (d)(1) Whenever a person under the age of 21 is convicted
under Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense, the
Secretary of State shall revoke the driving privileges of that
person. One year after the date of revocation, and upon
application, the Secretary of State may, if satisfied that the
person applying will not endanger the public safety or welfare,
issue a restricted driving permit granting the privilege of
driving a motor vehicle only between the hours of 5 a.m. and 9
p.m. or as otherwise provided by this Section for a period of
one year. After this one year period, and upon reapplication
for a license as provided in Section 6-106, upon payment of the
appropriate reinstatement fee provided under paragraph (b) of
Section 6-118, the Secretary of State, in his discretion, may
reinstate the petitioner's driver's license and driving
privileges, or extend the restricted driving permit as many
times as the Secretary of State deems appropriate, by
additional periods of not more than 12 months each.
        (2) If a person's license or permit is revoked or
    suspended due to 2 or more convictions of violating Section
    11-501 of this Code or a similar provision of a local
    ordinance or a similar out-of-state offense, or Section 9-3
    of the Criminal Code of 1961, where the use of alcohol or
    other drugs is recited as an element of the offense, or a
    similar out-of-state offense, or a combination of these
    offenses, arising out of separate occurrences, that
    person, if issued a restricted driving permit, may not
    operate a vehicle unless it has been equipped with an
    ignition interlock device as defined in Section 1-129.1.
        (3) If a person's license or permit is revoked or
    suspended 2 or more times within a 10 year period due to
    any combination of:
            (A) a single conviction of violating Section
        11-501 of this Code or a similar provision of a local
        ordinance or a similar out-of-state offense, or
        Section 9-3 of the Criminal Code of 1961, where the use
        of alcohol or other drugs is recited as an element of
        the offense, or a similar out-of-state offense; or
            (B) a statutory summary suspension under Section
        11-501.1; or
            (C) a suspension pursuant to Section 6-203.1;
    arising out of separate occurrences, that person, if issued
    a restricted driving permit, may not operate a vehicle
    unless it has been equipped with an ignition interlock
    device as defined in Section 1-129.1.
        (4) The person issued a permit conditioned upon the use
    of an interlock device must pay to the Secretary of State
    DUI Administration Fund an amount not to exceed $30 per
    month. The Secretary shall establish by rule the amount and
    the procedures, terms, and conditions relating to these
    fees.
        (5) If the restricted driving permit is issued for
    employment purposes, then the prohibition against driving
    a vehicle that is not equipped with an ignition interlock
    device does not apply to the operation of an occupational
    vehicle owned or leased by that person's employer when used
    solely for employment purposes.
        (6) A restricted driving permit issued under this
    Section shall be subject to cancellation, revocation, and
    suspension by the Secretary of State in like manner and for
    like cause as a driver's license issued under this Code may
    be cancelled, revoked, or suspended; except that a
    conviction upon one or more offenses against laws or
    ordinances regulating the movement of traffic shall be
    deemed sufficient cause for the revocation, suspension, or
    cancellation of a restricted driving permit.
    (d-5) The revocation of the license, permit, or driving
privileges of a person convicted of a third or subsequent
violation of Section 6-303 of this Code committed while his or
her driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961,
relating to the offense of reckless homicide, or a similar
provision of a law of another state, is permanent. The
Secretary may not, at any time, issue a license or permit to
that person.
    (e) This Section is subject to the provisions of the Driver
License Compact.
    (f) Any revocation imposed upon any person under
subsections 2 and 3 of paragraph (b) that is in effect on
December 31, 1988 shall be converted to a suspension for a like
period of time.
    (g) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been revoked under any provisions of
this Code.
    (h) The Secretary of State shall require the use of
ignition interlock devices on all vehicles owned by a person
who has been convicted of a second or subsequent offense under
Section 11-501 of this Code or a similar provision of a local
ordinance. The person must pay to the Secretary of State DUI
Administration Fund an amount not to exceed $30 for each month
that he or she uses the device. The Secretary shall establish
by rule and regulation the procedures for certification and use
of the interlock system, the amount of the fee, and the
procedures, terms, and conditions relating to these fees.
    (i) (Blank).
    (j) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been revoked, suspended,
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 94-307, eff. 9-30-05; 95-310, eff. 1-1-08;
95-337, eff. 6-1-08; 95-377, eff. 1-1-08; 95-382, eff. 8-23-07;
95-627, eff. 6-1-08; 95-848, eff. 1-1-09; 95-876, eff. 8-21-08;
revised 9-10-08.)
 
    (625 ILCS 5/6-206)  (from Ch. 95 1/2, par. 6-206)
    Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; Right to a hearing.
    (a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without preliminary
hearing upon a showing of the person's records or other
sufficient evidence that the person:
        1. Has committed an offense for which mandatory
    revocation of a driver's license or permit is required upon
    conviction;
        2. Has been convicted of not less than 3 offenses
    against traffic regulations governing the movement of
    vehicles committed within any 12 month period. No
    revocation or suspension shall be entered more than 6
    months after the date of last conviction;
        3. Has been repeatedly involved as a driver in motor
    vehicle collisions or has been repeatedly convicted of
    offenses against laws and ordinances regulating the
    movement of traffic, to a degree that indicates lack of
    ability to exercise ordinary and reasonable care in the
    safe operation of a motor vehicle or disrespect for the
    traffic laws and the safety of other persons upon the
    highway;
        4. Has by the unlawful operation of a motor vehicle
    caused or contributed to an accident resulting in death or
    injury requiring immediate professional treatment in a
    medical facility or doctor's office to any person, except
    that any suspension or revocation imposed by the Secretary
    of State under the provisions of this subsection shall
    start no later than 6 months after being convicted of
    violating a law or ordinance regulating the movement of
    traffic, which violation is related to the accident, or
    shall start not more than one year after the date of the
    accident, whichever date occurs later;
        5. Has permitted an unlawful or fraudulent use of a
    driver's license, identification card, or permit;
        6. Has been lawfully convicted of an offense or
    offenses in another state, including the authorization
    contained in Section 6-203.1, which if committed within
    this State would be grounds for suspension or revocation;
        7. Has refused or failed to submit to an examination
    provided for by Section 6-207 or has failed to pass the
    examination;
        8. Is ineligible for a driver's license or permit under
    the provisions of Section 6-103;
        9. Has made a false statement or knowingly concealed a
    material fact or has used false information or
    identification in any application for a license,
    identification card, or permit;
        10. Has possessed, displayed, or attempted to
    fraudulently use any license, identification card, or
    permit not issued to the person;
        11. Has operated a motor vehicle upon a highway of this
    State when the person's driving privilege or privilege to
    obtain a driver's license or permit was revoked or
    suspended unless the operation was authorized by a
    monitoring device driving permit, judicial driving permit
    issued prior to January 1, 2009, probationary license to
    drive, or a restricted driving permit issued under this
    Code;
        12. Has submitted to any portion of the application
    process for another person or has obtained the services of
    another person to submit to any portion of the application
    process for the purpose of obtaining a license,
    identification card, or permit for some other person;
        13. Has operated a motor vehicle upon a highway of this
    State when the person's driver's license or permit was
    invalid under the provisions of Sections 6-107.1 and 6-110;
        14. Has committed a violation of Section 6-301,
    6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
    of the Illinois Identification Card Act;
        15. Has been convicted of violating Section 21-2 of the
    Criminal Code of 1961 relating to criminal trespass to
    vehicles in which case, the suspension shall be for one
    year;
        16. Has been convicted of violating Section 11-204 of
    this Code relating to fleeing from a peace officer;
        17. Has refused to submit to a test, or tests, as
    required under Section 11-501.1 of this Code and the person
    has not sought a hearing as provided for in Section
    11-501.1;
        18. Has, since issuance of a driver's license or
    permit, been adjudged to be afflicted with or suffering
    from any mental disability or disease;
        19. Has committed a violation of paragraph (a) or (b)
    of Section 6-101 relating to driving without a driver's
    license;
        20. Has been convicted of violating Section 6-104
    relating to classification of driver's license;
        21. Has been convicted of violating Section 11-402 of
    this Code relating to leaving the scene of an accident
    resulting in damage to a vehicle in excess of $1,000, in
    which case the suspension shall be for one year;
        22. Has used a motor vehicle in violating paragraph
    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
    the Criminal Code of 1961 relating to unlawful use of
    weapons, in which case the suspension shall be for one
    year;
        23. Has, as a driver, been convicted of committing a
    violation of paragraph (a) of Section 11-502 of this Code
    for a second or subsequent time within one year of a
    similar violation;
        24. Has been convicted by a court-martial or punished
    by non-judicial punishment by military authorities of the
    United States at a military installation in Illinois of or
    for a traffic related offense that is the same as or
    similar to an offense specified under Section 6-205 or
    6-206 of this Code;
        25. Has permitted any form of identification to be used
    by another in the application process in order to obtain or
    attempt to obtain a license, identification card, or
    permit;
        26. Has altered or attempted to alter a license or has
    possessed an altered license, identification card, or
    permit;
        27. Has violated Section 6-16 of the Liquor Control Act
    of 1934;
        28. Has been convicted of the illegal possession, while
    operating or in actual physical control, as a driver, of a
    motor vehicle, of any controlled substance prohibited
    under the Illinois Controlled Substances Act, any cannabis
    prohibited under the Cannabis Control Act, or any
    methamphetamine prohibited under the Methamphetamine
    Control and Community Protection Act, in which case the
    person's driving privileges shall be suspended for one
    year, and any driver who is convicted of a second or
    subsequent offense, within 5 years of a previous
    conviction, for the illegal possession, while operating or
    in actual physical control, as a driver, of a motor
    vehicle, of any controlled substance prohibited under the
    Illinois Controlled Substances Act, any cannabis
    prohibited under the Cannabis Control Act, or any
    methamphetamine prohibited under the Methamphetamine
    Control and Community Protection Act shall be suspended for
    5 years. Any defendant found guilty of this offense while
    operating a motor vehicle, shall have an entry made in the
    court record by the presiding judge that this offense did
    occur while the defendant was operating a motor vehicle and
    order the clerk of the court to report the violation to the
    Secretary of State;
        29. Has been convicted of the following offenses that
    were committed while the person was operating or in actual
    physical control, as a driver, of a motor vehicle: criminal
    sexual assault, predatory criminal sexual assault of a
    child, aggravated criminal sexual assault, criminal sexual
    abuse, aggravated criminal sexual abuse, juvenile pimping,
    soliciting for a juvenile prostitute and the manufacture,
    sale or delivery of controlled substances or instruments
    used for illegal drug use or abuse in which case the
    driver's driving privileges shall be suspended for one
    year;
        30. Has been convicted a second or subsequent time for
    any combination of the offenses named in paragraph 29 of
    this subsection, in which case the person's driving
    privileges shall be suspended for 5 years;
        31. Has refused to submit to a test as required by
    Section 11-501.6 or has submitted to a test resulting in an
    alcohol concentration of 0.08 or more or any amount of a
    drug, substance, or compound resulting from the unlawful
    use or consumption of cannabis as listed in the Cannabis
    Control Act, a controlled substance as listed in the
    Illinois Controlled Substances Act, an intoxicating
    compound as listed in the Use of Intoxicating Compounds
    Act, or methamphetamine as listed in the Methamphetamine
    Control and Community Protection Act, in which case the
    penalty shall be as prescribed in Section 6-208.1;
        32. Has been convicted of Section 24-1.2 of the
    Criminal Code of 1961 relating to the aggravated discharge
    of a firearm if the offender was located in a motor vehicle
    at the time the firearm was discharged, in which case the
    suspension shall be for 3 years;
        33. Has as a driver, who was less than 21 years of age
    on the date of the offense, been convicted a first time of
    a violation of paragraph (a) of Section 11-502 of this Code
    or a similar provision of a local ordinance;
        34. Has committed a violation of Section 11-1301.5 of
    this Code;
        35. Has committed a violation of Section 11-1301.6 of
    this Code;
        36. Is under the age of 21 years at the time of arrest
    and has been convicted of not less than 2 offenses against
    traffic regulations governing the movement of vehicles
    committed within any 24 month period. No revocation or
    suspension shall be entered more than 6 months after the
    date of last conviction;
        37. Has committed a violation of subsection (c) of
    Section 11-907 of this Code that resulted in damage to the
    property of another or the death or injury of another;
        38. Has been convicted of a violation of Section 6-20
    of the Liquor Control Act of 1934 or a similar provision of
    a local ordinance;
        39. Has committed a second or subsequent violation of
    Section 11-1201 of this Code;
        40. Has committed a violation of subsection (a-1) of
    Section 11-908 of this Code;
        41. Has committed a second or subsequent violation of
    Section 11-605.1 of this Code within 2 years of the date of
    the previous violation, in which case the suspension shall
    be for 90 days;
        42. Has committed a violation of subsection (a-1) of
    Section 11-1301.3 of this Code;
        43. Has received a disposition of court supervision for
    a violation of subsection (a), (d), or (e) of Section 6-20
    of the Liquor Control Act of 1934 or a similar provision of
    a local ordinance, in which case the suspension shall be
    for a period of 3 months;
        44. Is under the age of 21 years at the time of arrest
    and has been convicted of an offense against traffic
    regulations governing the movement of vehicles after
    having previously had his or her driving privileges
    suspended or revoked pursuant to subparagraph 36 of this
    Section; or
        45. Has, in connection with or during the course of a
    formal hearing conducted under Section 2-118 of this Code:
    (i) committed perjury; (ii) submitted fraudulent or
    falsified documents; (iii) submitted documents that have
    been materially altered; or (iv) submitted, as his or her
    own, documents that were in fact prepared or composed for
    another person.
    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's license,
any traffic ticket issued when the person's driver's license is
deposited in lieu of bail, a suspension notice issued by the
Secretary of State, a duplicate or corrected driver's license,
a probationary driver's license or a temporary driver's
license.
    (b) If any conviction forming the basis of a suspension or
revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be, provided
that a certified copy of a stay order of a court is filed with
the Secretary of State. If the conviction is affirmed on
appeal, the date of the conviction shall relate back to the
time the original judgment of conviction was entered and the 6
month limitation prescribed shall not apply.
    (c) 1. Upon suspending or revoking the driver's license or
permit of any person as authorized in this Section, the
Secretary of State shall immediately notify the person in
writing of the revocation or suspension. The notice to be
deposited in the United States mail, postage prepaid, to the
last known address of the person.
        2. If the Secretary of State suspends the driver's
    license of a person under subsection 2 of paragraph (a) of
    this Section, a person's privilege to operate a vehicle as
    an occupation shall not be suspended, provided an affidavit
    is properly completed, the appropriate fee received, and a
    permit issued prior to the effective date of the
    suspension, unless 5 offenses were committed, at least 2 of
    which occurred while operating a commercial vehicle in
    connection with the driver's regular occupation. All other
    driving privileges shall be suspended by the Secretary of
    State. Any driver prior to operating a vehicle for
    occupational purposes only must submit the affidavit on
    forms to be provided by the Secretary of State setting
    forth the facts of the person's occupation. The affidavit
    shall also state the number of offenses committed while
    operating a vehicle in connection with the driver's regular
    occupation. The affidavit shall be accompanied by the
    driver's license. Upon receipt of a properly completed
    affidavit, the Secretary of State shall issue the driver a
    permit to operate a vehicle in connection with the driver's
    regular occupation only. Unless the permit is issued by the
    Secretary of State prior to the date of suspension, the
    privilege to drive any motor vehicle shall be suspended as
    set forth in the notice that was mailed under this Section.
    If an affidavit is received subsequent to the effective
    date of this suspension, a permit may be issued for the
    remainder of the suspension period.
        The provisions of this subparagraph shall not apply to
    any driver required to possess a CDL for the purpose of
    operating a commercial motor vehicle.
        Any person who falsely states any fact in the affidavit
    required herein shall be guilty of perjury under Section
    6-302 and upon conviction thereof shall have all driving
    privileges revoked without further rights.
        3. At the conclusion of a hearing under Section 2-118
    of this Code, the Secretary of State shall either rescind
    or continue an order of revocation or shall substitute an
    order of suspension; or, good cause appearing therefor,
    rescind, continue, change, or extend the order of
    suspension. If the Secretary of State does not rescind the
    order, the Secretary may upon application, to relieve undue
    hardship (as defined by the rules of the Secretary of
    State), issue a restricted driving permit granting the
    privilege of driving a motor vehicle between the
    petitioner's residence and petitioner's place of
    employment or within the scope of the petitioner's
    employment related duties, or to allow the petitioner to
    transport himself or herself, or a family member of the
    petitioner's household to a medical facility, to receive
    necessary medical care, to allow the petitioner to
    transport himself or herself to and from alcohol or drug
    remedial or rehabilitative activity recommended by a
    licensed service provider, or to allow the petitioner to
    transport himself or herself or a family member of the
    petitioner's household to classes, as a student, at an
    accredited educational institution, or to allow the
    petitioner to transport children living in the
    petitioner's household to and from daycare. The petitioner
    must demonstrate that no alternative means of
    transportation is reasonably available and that the
    petitioner will not endanger the public safety or welfare.
    Those multiple offenders identified in subdivision (b)4 of
    Section 6-208 of this Code, however, shall not be eligible
    for the issuance of a restricted driving permit.
             (A) If a person's license or permit is revoked or
        suspended due to 2 or more convictions of violating
        Section 11-501 of this Code or a similar provision of a
        local ordinance or a similar out-of-state offense, or
        Section 9-3 of the Criminal Code of 1961, where the use
        of alcohol or other drugs is recited as an element of
        the offense, or a similar out-of-state offense, or a
        combination of these offenses, arising out of separate
        occurrences, that person, if issued a restricted
        driving permit, may not operate a vehicle unless it has
        been equipped with an ignition interlock device as
        defined in Section 1-129.1.
            (B) If a person's license or permit is revoked or
        suspended 2 or more times within a 10 year period due
        to any combination of:
                (i) a single conviction of violating Section
            11-501 of this Code or a similar provision of a
            local ordinance or a similar out-of-state offense
            or Section 9-3 of the Criminal Code of 1961, where
            the use of alcohol or other drugs is recited as an
            element of the offense, or a similar out-of-state
            offense; or
                (ii) a statutory summary suspension under
            Section 11-501.1; or
                (iii) a suspension under Section 6-203.1;
        arising out of separate occurrences; that person, if
        issued a restricted driving permit, may not operate a
        vehicle unless it has been equipped with an ignition
        interlock device as defined in Section 1-129.1.
            (C) The person issued a permit conditioned upon the
        use of an ignition interlock device must pay to the
        Secretary of State DUI Administration Fund an amount
        not to exceed $30 per month. The Secretary shall
        establish by rule the amount and the procedures, terms,
        and conditions relating to these fees.
            (D) If the restricted driving permit is issued for
        employment purposes, then the prohibition against
        operating a motor vehicle that is not equipped with an
        ignition interlock device does not apply to the
        operation of an occupational vehicle owned or leased by
        that person's employer when used solely for employment
        purposes.
            (E) In each case the Secretary may issue a
        restricted driving permit for a period deemed
        appropriate, except that all permits shall expire
        within one year from the date of issuance. The
        Secretary may not, however, issue a restricted driving
        permit to any person whose current revocation is the
        result of a second or subsequent conviction for a
        violation of Section 11-501 of this Code or a similar
        provision of a local ordinance or any similar
        out-of-state offense, or Section 9-3 of the Criminal
        Code of 1961, where the use of alcohol or other drugs
        is recited as an element of the offense, or any similar
        out-of-state offense, or any combination of those
        offenses, until the expiration of at least one year
        from the date of the revocation. A restricted driving
        permit issued under this Section shall be subject to
        cancellation, revocation, and suspension by the
        Secretary of State in like manner and for like cause as
        a driver's license issued under this Code may be
        cancelled, revoked, or suspended; except that a
        conviction upon one or more offenses against laws or
        ordinances regulating the movement of traffic shall be
        deemed sufficient cause for the revocation,
        suspension, or cancellation of a restricted driving
        permit. The Secretary of State may, as a condition to
        the issuance of a restricted driving permit, require
        the applicant to participate in a designated driver
        remedial or rehabilitative program. The Secretary of
        State is authorized to cancel a restricted driving
        permit if the permit holder does not successfully
        complete the program.
    (c-3) In the case of a suspension under paragraph 43 of
subsection (a), reports received by the Secretary of State
under this Section shall, except during the actual time the
suspension is in effect, be privileged information and for use
only by the courts, police officers, prosecuting authorities,
the driver licensing administrator of any other state, or the
Secretary of State. However, beginning January 1, 2008, if the
person is a CDL holder, the suspension shall also be made
available to the driver licensing administrator of any other
state, the U.S. Department of Transportation, and the affected
driver or motor carrier or prospective motor carrier upon
request.
    (c-4) In the case of a suspension under paragraph 43 of
subsection (a), the Secretary of State shall notify the person
by mail that his or her driving privileges and driver's license
will be suspended one month after the date of the mailing of
the notice.
    (c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he
or she reached the age of 18 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.
    (d) This Section is subject to the provisions of the
Drivers License Compact.
    (e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
    (f) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been suspended, revoked,
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 94-307, eff. 9-30-05; 94-556, eff. 9-11-05;
94-930, eff. 6-26-06; 95-166, eff. 1-1-08; 95-310, eff. 1-1-08;
95-382, eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08;
95-848, eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09;
revised 9-5-08.)
 
    (625 ILCS 5/11-204.1)  (from Ch. 95 1/2, par. 11-204.1)
    Sec. 11-204.1. Aggravated fleeing or attempting attempt to
elude a peace officer.
    (a) The offense of aggravated fleeing or attempting to
elude a peace officer is committed by any driver or operator of
a motor vehicle who flees or attempts to elude a peace officer,
after being given a visual or audible signal by a peace officer
in the manner prescribed in subsection (a) of Section 11-204 of
this Code, and such flight or attempt to elude:
        (1) is at a rate of speed at least 21 miles per hour
    over the legal speed limit;
        (2) causes bodily injury to any individual;
        (3) causes damage in excess of $300 to property; or
        (4) involves disobedience of 2 or more official traffic
    control devices.
    (b) Any person convicted of a first violation of this
Section shall be guilty of a Class 4 felony. Upon notice of
such a conviction the Secretary of State shall forthwith revoke
the driver's license of the person so convicted, as provided in
Section 6-205 of this Code. Any person convicted of a second or
subsequent violation of this Section shall be guilty of a Class
3 felony, and upon notice of such a conviction the Secretary of
State shall forthwith revoke the driver's license of the person
convicted, as provided in Section 6-205 of the Code.
    (c) The motor vehicle used in a violation of this Section
is subject to seizure and forfeiture as provided in Sections
36-1 and 36-2 of the Criminal Code of 1961.
(Source: P.A. 93-120, eff. 1-1-04; revised 10-30-08.)
 
    (625 ILCS 5/12-610.5)
    Sec. 12-610.5. Registration plate covers.
    (a) In this Section, "registration plate cover" means any
tinted, colored, painted, marked, clear, or illuminated object
that is designed to:
        (1) cover any of the characters of a motor vehicle's
    registration plate; or
        (2) distort a recorded image of any of the characters
    of a motor vehicle's registration plate recorded by an
    automated traffic law red light enforcement system as
    defined in Section 11-208.6 1-105.5 of this Code or
    recorded by an automated traffic control system as defined
    in Section 15 of the Automated Traffic Control Systems in
    Highway Construction or Maintenance Zones Act.
    (b) It shall be unlawful to operate any motor vehicle that
is equipped with registration plate covers.
    (c) A person may not sell or offer for sale a registration
plate cover.
    (d) A person may not advertise for the purpose of promoting
the sale of registration plate covers.
    (e) A violation of this Section or a similar provision of a
local ordinance shall be an offense against laws and ordinances
regulating the movement of traffic.
(Source: P.A. 94-304, eff. 1-1-06; revised 10-28-08.)
 
    Section 325. The Court of Claims Act is amended by changing
Sections 11, 22, and 24 as follows:
 
    (705 ILCS 505/11)  (from Ch. 37, par. 439.11)
    Sec. 11. Filing claims.
    (a) Except as otherwise provided in subsection (b) of this
Section and subsection (4) (3) of Section 24, the claimant
shall in all cases set forth fully in his petition the claim,
the action thereon, if any, on behalf of the State, what
persons are owners thereof or interested therein, when and upon
what consideration such persons became so interested; that no
assignment or transfer of the claim or any part thereof or
interest therein has been made, except as stated in the
petition; that the claimant is justly entitled to the amount
therein claimed from the State of Illinois, after allowing all
just credits; and that claimant believes the facts stated in
the petition to be true. The petition shall be verified, as to
statements of facts, by the affidavit of the claimant, his
agent, or attorney.
    (b) Whenever a person has served a term of imprisonment and
has received a pardon by the Governor stating that such pardon
was issued on the ground of innocence of the crime for which he
or she was imprisoned, the Prisoner Review Board shall transmit
this information to the clerk of the Court of Claims, together
with the claimant's current address. Whenever a person has
served a term of imprisonment and has received a certificate of
innocence from the Circuit Court as provided in Section 2-702
of the Code of Civil Procedure, the clerk of the issuing
Circuit Court shall transmit this information to the clerk of
the Court of Claims, together with the claimant's current
address. The clerk of the Court of Claims shall immediately
docket the case for consideration by the Court of Claims, and
shall provide notice to the claimant of such docketing together
with all hearing dates and applicable deadlines. The Court of
Claims shall hear the case and render a decision within 90 days
after its docketing.
(Source: P.A. 95-970, eff. 9-22-08; revised 10-15-08.)
 
    (705 ILCS 505/22)  (from Ch. 37, par. 439.22)
    Sec. 22. Every claim cognizable by the Court and not
otherwise sooner barred by law shall be forever barred from
prosecution therein unless it is filed with the Clerk of the
Court within the time set forth as follows:
    (a) All claims arising out of a contract must be filed
within 5 years after it first accrues, saving to minors, and
persons under legal disability at the time the claim accrues,
in which cases the claim must be filed within 5 years from the
time the disability ceases.
    (b) All claims cognizable against the State by vendors of
goods or services under "The Illinois Public Aid Code",
approved April 11, 1967, as amended, must file within one year
after the accrual of the cause of action, as provided in
Section 11-13 of that Code.
    (c) All claims arising under paragraph (c) of Section 8 of
this Act must be automatically heard by the court within 120
days after the person asserting such claim is either issued a
certificate of innocence from the Circuit Court as provided in
Section 2-702 of the Code of Civil Procedure, or is granted a
pardon by the Governor, whichever occurs later, without the
person asserting the claim being required to file a petition
under Section 11 of this Act, except as otherwise provided by
the Crime Victims Compensation Act. Any claims filed by the
claimant under paragraph (c) of Section 8 of this Act must be
filed within 2 years after the person asserting such claim is
either issued a certificate of innocence as provided in Section
2-702 of the Code of Civil Procedure, or is granted a pardon by
the Governor, whichever occurs later.
    (d) All claims arising under paragraph (f) of Section 8 of
this Act must be filed within the time set forth in Section 3
of the Line of Duty Compensation Act.
    (e) All claims arising under paragraph (h) of Section 8 of
this Act must be filed within one year of the date of the death
of the guardsman or militiaman as provided in Section 3 of the
"Illinois National Guardsman's and Naval Militiaman's
Compensation Act", approved August 12, 1971, as amended.
    (f) All claims arising under paragraph (g) of Section 8 of
this Act must be filed within one year of the crime on which a
claim is based as provided in Section 6.1 of the "Crime Victims
Compensation Act", approved August 23, 1973, as amended.
    (g) All claims arising from the Comptroller's refusal to
issue a replacement warrant pursuant to Section 10.10 of the
State Comptroller Act must be filed within 5 years after the
issue date of such warrant.
    (h) All other claims must be filed within 2 years after it
first accrues, saving to minors, and persons under legal
disability at the time the claim accrues, in which case the
claim must be filed within 2 years from the time the disability
ceases.
    (i) The changes made by this amendatory Act of 1989 shall
apply to all warrants issued within the 5 year period preceding
the effective date of this amendatory Act of 1989.
    (j) All time limitations established under this Act and the
rules promulgated under this Act shall be binding and
jurisdictional, except upon extension authorized by law or rule
and granted pursuant to a motion timely filed.
(Source: P.A. 95-928, eff. 8-26-08; 95-970, eff. 9-22-08;
revised 10-14-08.)
 
    (705 ILCS 505/24)  (from Ch. 37, par. 439.24)
    Sec. 24. Payment of awards.
    (1) From funds appropriated by the General Assembly for the
purposes of this Section the Court may direct immediate payment
of:
        (a) All claims arising solely as a result of the
    lapsing of an appropriation out of which the obligation
    could have been paid.
        (b) All claims pursuant to the Line of Duty
    Compensation Act.
        (c) All claims pursuant to the "Illinois National
    Guardsman's and Naval Militiaman's Compensation Act",
    approved August 12, 1971, as amended.
        (d) All claims pursuant to the "Crime Victims
    Compensation Act", approved August 23, 1973, as amended.
        (e) All other claims wherein the amount of the award of
    the Court is less than $5,000.
    (2) The court may, from funds specifically appropriated
from the General Revenue Fund for this purpose, direct the
payment of awards less than $50,000 solely as a result of the
lapsing of an appropriation originally made from any fund held
by the State Treasurer. For any such award paid from the
General Revenue Fund, the court shall thereafter seek an
appropriation from the fund from which the liability originally
accrued in reimbursement of the General Revenue Fund.
    (3) In directing payment of a claim pursuant to the Line of
Duty Compensation Act, the Court must direct the Comptroller to
add an interest penalty if payment of a claim is not made
within 6 months after a claim is filed in accordance with
Section 3 of the Line of Duty Compensation Act and all
information has been submitted as required under Section 4 of
the Line of Duty Compensation Act. If payment is not issued
within the 6-month period, an interest penalty of 1% of the
amount of the award shall be added for each month or fraction
thereof after the end of the 6-month period, until final
payment is made. This interest penalty shall be added
regardless of whether the payment is not issued within the
6-month period because of the appropriation process, the
consideration of the matter by the Court, or any other reason.
    (4) (3) From funds appropriated by the General Assembly for
the purposes of paying claims under paragraph (c) of Section 8,
the court must direct payment of each claim and the payment
must be received by the claimant within 60 days after the date
that the funds are appropriated for that purpose.
(Source: P.A. 95-928, eff. 8-26-08; 95-970, eff. 9-22-08;
revised 10-14-08.)
 
    Section 330. The Criminal Code of 1961 is amended by
changing Sections 9-3, 11-9.3, 11-9.4, 12-4.2, 12-4.2-5,
12-7.5, 17-2, 24-1, 31-6, 31-7, and 31A-1.2 as follows:
 
    (720 ILCS 5/9-3)  (from Ch. 38, par. 9-3)
    Sec. 9-3. Involuntary Manslaughter and Reckless Homicide.
    (a) A person who unintentionally kills an individual
without lawful justification commits involuntary manslaughter
if his acts whether lawful or unlawful which cause the death
are such as are likely to cause death or great bodily harm to
some individual, and he performs them recklessly, except in
cases in which the cause of the death consists of the driving
of a motor vehicle or operating a snowmobile, all-terrain
vehicle, or watercraft, in which case the person commits
reckless homicide. A person commits reckless homicide if he or
she unintentionally kills an individual while driving a vehicle
and using an incline in a roadway, such as a railroad crossing,
bridge approach, or hill, to cause the vehicle to become
airborne.
    (b) (Blank).
    (c) (Blank).
    (d) Sentence.
        (1) Involuntary manslaughter is a Class 3 felony.
        (2) Reckless homicide is a Class 3 felony.
    (e) (Blank).
    (e-2) Except as provided in subsection (e-3), in cases
involving reckless homicide in which the offense is committed
upon a public thoroughfare where children pass going to and
from school when a school crossing guard is performing official
duties, the penalty is a Class 2 felony, for which a person, if
sentenced to a term of imprisonment, shall be sentenced to a
term of not less than 3 years and not more than 14 years.
    (e-3) In cases involving reckless homicide in which (i) the
offense is committed upon a public thoroughfare where children
pass going to and from school when a school crossing guard is
performing official duties and (ii) the defendant causes the
deaths of 2 or more persons as part of a single course of
conduct, the penalty is a Class 2 felony, for which a person,
if sentenced to a term of imprisonment, shall be sentenced to a
term of not less than 6 years and not more than 28 years.
    (e-5) (Blank).
    (e-7) Except as otherwise provided in subsection (e-8), in
cases involving reckless homicide in which the defendant: (1)
was driving in a construction or maintenance zone, as defined
in Section 11-605.1 of the Illinois Vehicle Code, or (2) was
operating a vehicle while failing or refusing to comply with
any lawful order or direction of any authorized police officer
or traffic control aide engaged in traffic control, the penalty
is a Class 2 felony, for which a person, if sentenced to a term
of imprisonment, shall be sentenced to a term of not less than
3 years and not more than 14 years.
    (e-8) In cases involving reckless homicide in which the
defendant caused the deaths of 2 or more persons as part of a
single course of conduct and: (1) was driving in a construction
or maintenance zone, as defined in Section 11-605.1 of the
Illinois Vehicle Code, or (2) was operating a vehicle while
failing or refusing to comply with any lawful order or
direction of any authorized police officer or traffic control
aide engaged in traffic control, the penalty is a Class 2
felony, for which a person, if sentenced to a term of
imprisonment, shall be sentenced to a term of not less than 6
years and not more than 28 years.
    (e-9) In cases involving reckless homicide in which the
defendant drove a vehicle and used an incline in a roadway,
such as a railroad crossing, bridge approach, or hill, to cause
the vehicle to become airborne, and caused the deaths of 2 or
more persons as part of a single course of conduct, the penalty
is a Class 2 felony.
    (e-10) In cases involving involuntary manslaughter or
reckless homicide resulting in the death of a peace officer
killed in the performance of his or her duties as a peace
officer, the penalty is a Class 2 felony.
    (e-11) In cases involving reckless homicide in which the
defendant unintentionally kills an individual while driving in
a posted school zone, as defined in Section 11-605 of the
Illinois Vehicle Code, while children are present or in a
construction or maintenance zone, as defined in Section
11-605.1 of the Illinois Vehicle Code, when construction or
maintenance workers are present the trier of fact may infer
that the defendant's actions were performed recklessly where he
or she was also either driving at a speed of more than 20 miles
per hour in excess of the posted speed limit or violating
Section 11-501 of the Illinois Vehicle Code.
    (e-12) Except as otherwise provided in subsection (e-13),
in cases involving reckless homicide in which the offense was
committed as result of a violation of subsection (c) of Section
11-907 of the Illinois Vehicle Code, the penalty is a Class 2
felony, for which a person, if sentenced to a term of
imprisonment, shall be sentenced to a term of not less than 3
years and not more than 14 years.
    (e-13) In cases involving reckless homicide in which the
offense was committed as result of a violation of subsection
(c) of Section 11-907 of the Illinois Vehicle Code and the
defendant caused the deaths of 2 or more persons as part of a
single course of conduct, the penalty is a Class 2 felony, for
which a person, if sentenced to a term of imprisonment, shall
be sentenced to a term of not less than 6 years and not more
than 28 years.
    (e-14) (e-12) In cases involving reckless homicide in which
the defendant unintentionally kills an individual, the trier of
fact may infer that the defendant's actions were performed
recklessly where he or she was also violating subsection (c) of
Section 11-907 of the Illinois Vehicle Code. The penalty for a
reckless homicide in which the driver also violated subsection
(c) of Section 11-907 of the Illinois Vehicle Code is a Class 2
felony, for which a person, if sentenced to a term of
imprisonment, shall be sentenced to a term of not less than 3
years and not more than 14 years.
    (f) In cases involving involuntary manslaughter in which
the victim was a family or household member as defined in
paragraph (3) of Section 112A-3 of the Code of Criminal
Procedure of 1963, the penalty shall be a Class 2 felony, for
which a person if sentenced to a term of imprisonment, shall be
sentenced to a term of not less than 3 years and not more than
14 years.
(Source: P.A. 95-467, eff. 6-1-08; 95-551, eff. 6-1-08; 95-587,
eff. 6-1-08; 95-591, eff. 9-10-07; 95-803, eff. 1-1-09; 95-876,
eff. 8-21-08; 95-884, eff. 1-1-09; revised 12-9-08.)
 
    (720 ILCS 5/11-9.3)
    Sec. 11-9.3. Presence within school zone by child sex
offenders prohibited.
    (a) It is unlawful for a child sex offender to knowingly be
present in any school building, on real property comprising any
school, or in any conveyance owned, leased, or contracted by a
school to transport students to or from school or a school
related activity when persons under the age of 18 are present
in the building, on the grounds or in the conveyance, unless
the offender is a parent or guardian of a student attending the
school and the parent or guardian is: (i) attending a
conference at the school with school personnel to discuss the
progress of his or her child academically or socially, (ii)
participating in child review conferences in which evaluation
and placement decisions may be made with respect to his or her
child regarding special education services, or (iii) attending
conferences to discuss other student issues concerning his or
her child such as retention and promotion and notifies the
principal of the school of his or her presence at the school or
unless the offender has permission to be present from the
superintendent or the school board or in the case of a private
school from the principal. In the case of a public school, if
permission is granted, the superintendent or school board
president must inform the principal of the school where the sex
offender will be present. Notification includes the nature of
the sex offender's visit and the hours in which the sex
offender will be present in the school. The sex offender is
responsible for notifying the principal's office when he or she
arrives on school property and when he or she departs from
school property. If the sex offender is to be present in the
vicinity of children, the sex offender has the duty to remain
under the direct supervision of a school official. A child sex
offender who violates this provision is guilty of a Class 4
felony.
    (a-5) It is unlawful for a child sex offender to knowingly
be present within 100 feet of a site posted as a pick-up or
discharge stop for a conveyance owned, leased, or contracted by
a school to transport students to or from school or a school
related activity when one or more persons under the age of 18
are present at the site.
    (b) It is unlawful for a child sex offender to knowingly
loiter within 500 feet of a school building or real property
comprising any school while persons under the age of 18 are
present in the building or on the grounds, unless the offender
is a parent or guardian of a student attending the school and
the parent or guardian is: (i) attending a conference at the
school with school personnel to discuss the progress of his or
her child academically or socially, (ii) participating in child
review conferences in which evaluation and placement decisions
may be made with respect to his or her child regarding special
education services, or (iii) attending conferences to discuss
other student issues concerning his or her child such as
retention and promotion and notifies the principal of the
school of his or her presence at the school or has permission
to be present from the superintendent or the school board or in
the case of a private school from the principal. In the case of
a public school, if permission is granted, the superintendent
or school board president must inform the principal of the
school where the sex offender will be present. Notification
includes the nature of the sex offender's visit and the hours
in which the sex offender will be present in the school. The
sex offender is responsible for notifying the principal's
office when he or she arrives on school property and when he or
she departs from school property. If the sex offender is to be
present in the vicinity of children, the sex offender has the
duty to remain under the direct supervision of a school
official. A child sex offender who violates this provision is
guilty of a Class 4 felony.
    (b-5) It is unlawful for a child sex offender to knowingly
reside within 500 feet of a school building or the real
property comprising any school that persons under the age of 18
attend. Nothing in this subsection (b-5) prohibits a child sex
offender from residing within 500 feet of a school building or
the real property comprising any school that persons under 18
attend if the property is owned by the child sex offender and
was purchased before the effective date of this amendatory Act
of the 91st General Assembly.
    (c) Definitions. In this Section:
        (1) "Child sex offender" means any person who:
            (i) has been charged under Illinois law, or any
        substantially similar federal law or law of another
        state, with a sex offense set forth in paragraph (2) of
        this subsection (c) or the attempt to commit an
        included sex offense, and:
                (A) is convicted of such offense or an attempt
            to commit such offense; or
                (B) is found not guilty by reason of insanity
            of such offense or an attempt to commit such
            offense; or
                (C) is found not guilty by reason of insanity
            pursuant to subsection (c) of Section 104-25 of the
            Code of Criminal Procedure of 1963 of such offense
            or an attempt to commit such offense; or
                (D) is the subject of a finding not resulting
            in an acquittal at a hearing conducted pursuant to
            subsection (a) of Section 104-25 of the Code of
            Criminal Procedure of 1963 for the alleged
            commission or attempted commission of such
            offense; or
                (E) is found not guilty by reason of insanity
            following a hearing conducted pursuant to a
            federal law or the law of another state
            substantially similar to subsection (c) of Section
            104-25 of the Code of Criminal Procedure of 1963 of
            such offense or of the attempted commission of such
            offense; or
                (F) is the subject of a finding not resulting
            in an acquittal at a hearing conducted pursuant to
            a federal law or the law of another state
            substantially similar to subsection (a) of Section
            104-25 of the Code of Criminal Procedure of 1963
            for the alleged violation or attempted commission
            of such offense; or
            (ii) is certified as a sexually dangerous person
        pursuant to the Illinois Sexually Dangerous Persons
        Act, or any substantially similar federal law or the
        law of another state, when any conduct giving rise to
        such certification is committed or attempted against a
        person less than 18 years of age; or
            (iii) is subject to the provisions of Section 2 of
        the Interstate Agreements on Sexually Dangerous
        Persons Act.
        Convictions that result from or are connected with the
    same act, or result from offenses committed at the same
    time, shall be counted for the purpose of this Section as
    one conviction. Any conviction set aside pursuant to law is
    not a conviction for purposes of this Section.
        (2) Except as otherwise provided in paragraph (2.5),
    "sex offense" means:
            (i) A violation of any of the following Sections of
        the Criminal Code of 1961: 10-7 (aiding and abetting
        child abduction under Section 10-5(b)(10)),
        10-5(b)(10) (child luring), 11-6 (indecent
        solicitation of a child), 11-6.5 (indecent
        solicitation of an adult), 11-9 (public indecency when
        committed in a school, on the real property comprising
        a school, or on a conveyance, owned, leased, or
        contracted by a school to transport students to or from
        school or a school related activity), 11-9.1 (sexual
        exploitation of a child), 11-15.1 (soliciting for a
        juvenile prostitute), 11-17.1 (keeping a place of
        juvenile prostitution), 11-18.1 (patronizing a
        juvenile prostitute), 11-19.1 (juvenile pimping),
        11-19.2 (exploitation of a child), 11-20.1 (child
        pornography), 11-20.3 (aggravated child pornography),
        11-21 (harmful material), 12-14.1 (predatory criminal
        sexual assault of a child), 12-33 (ritualized abuse of
        a child), 11-20 (obscenity) (when that offense was
        committed in any school, on real property comprising
        any school, in any conveyance owned, leased, or
        contracted by a school to transport students to or from
        school or a school related activity). An attempt to
        commit any of these offenses.
            (ii) A violation of any of the following Sections
        of the Criminal Code of 1961, when the victim is a
        person under 18 years of age: 12-13 (criminal sexual
        assault), 12-14 (aggravated criminal sexual assault),
        12-15 (criminal sexual abuse), 12-16 (aggravated
        criminal sexual abuse). An attempt to commit any of
        these offenses.
            (iii) A violation of any of the following Sections
        of the Criminal Code of 1961, when the victim is a
        person under 18 years of age and the defendant is not a
        parent of the victim:
            10-1 (kidnapping),
            10-2 (aggravated kidnapping),
            10-3 (unlawful restraint),
            10-3.1 (aggravated unlawful restraint).
            An attempt to commit any of these offenses.
            (iv) A violation of any former law of this State
        substantially equivalent to any offense listed in
        clause (2)(i) of subsection (c) of this Section.
        (2.5) For the purposes of subsection (b-5) only, a sex
    offense means:
            (i) A violation of any of the following Sections of
        the Criminal Code of 1961:
            10-5(b)(10) (child luring), 10-7 (aiding and
        abetting child abduction under Section 10-5(b)(10)),
        11-6 (indecent solicitation of a child), 11-6.5
        (indecent solicitation of an adult), 11-15.1
        (soliciting for a juvenile prostitute), 11-17.1
        (keeping a place of juvenile prostitution), 11-18.1
        (patronizing a juvenile prostitute), 11-19.1 (juvenile
        pimping), 11-19.2 (exploitation of a child), 11-20.1
        (child pornography), 11-20.3 (aggravated child
        pornography), 12-14.1 (predatory criminal sexual
        assault of a child), or 12-33 (ritualized abuse of a
        child). An attempt to commit any of these offenses.
            (ii) A violation of any of the following Sections
        of the Criminal Code of 1961, when the victim is a
        person under 18 years of age: 12-13 (criminal sexual
        assault), 12-14 (aggravated criminal sexual assault),
        12-16 (aggravated criminal sexual abuse), and
        subsection (a) of Section 12-15 (criminal sexual
        abuse). An attempt to commit any of these offenses.
            (iii) A violation of any of the following Sections
        of the Criminal Code of 1961, when the victim is a
        person under 18 years of age and the defendant is not a
        parent of the victim:
            10-1 (kidnapping),
            10-2 (aggravated kidnapping),
            10-3 (unlawful restraint),
            10-3.1 (aggravated unlawful restraint).
            An attempt to commit any of these offenses.
            (iv) A violation of any former law of this State
        substantially equivalent to any offense listed in this
        paragraph (2.5) of this subsection.
        (3) A conviction for an offense of federal law or the
    law of another state that is substantially equivalent to
    any offense listed in paragraph (2) of subsection (c) of
    this Section shall constitute a conviction for the purpose
    of this Article. A finding or adjudication as a sexually
    dangerous person under any federal law or law of another
    state that is substantially equivalent to the Sexually
    Dangerous Persons Act shall constitute an adjudication for
    the purposes of this Section.
        (4) "School" means a public or private pre-school,
    elementary, or secondary school.
        (5) "Loiter" means:
            (i) Standing, sitting idly, whether or not the
        person is in a vehicle or remaining in or around school
        property.
            (ii) Standing, sitting idly, whether or not the
        person is in a vehicle or remaining in or around school
        property, for the purpose of committing or attempting
        to commit a sex offense.
            (iii) Entering or remaining in a building in or
        around school property, other than the offender's
        residence.
        (6) "School official" means the principal, a teacher,
    or any other certified employee of the school, the
    superintendent of schools or a member of the school board.
    (c-5) For the purposes of this Section, the 500 feet
distance shall be measured from the edge of the property of the
school building or the real property comprising the school that
is closest to the edge of the property of the child sex
offender's residence or where he or she is loitering.
    (d) Sentence. A person who violates this Section is guilty
of a Class 4 felony.
(Source: P.A. 94-158, eff. 7-11-05; 94-164, eff. 1-1-06;
94-170, eff. 7-11-05; 95-331, eff. 8-21-07; 95-440, eff.
8-27-07; 95-640, eff. 6-1-08; 95-819, eff. 1-1-09; 95-876, eff.
8-21-08; revised 9-23-08.)
 
    (720 ILCS 5/11-9.4)
    (Text of Section before amendment by P.A. 95-983)
    Sec. 11-9.4. Approaching, contacting, residing, or
communicating with a child within certain places by child sex
offenders prohibited.
    (a) It is unlawful for a child sex offender to knowingly be
present in any public park building or on real property
comprising any public park when persons under the age of 18 are
present in the building or on the grounds and to approach,
contact, or communicate with a child under 18 years of age,
unless the offender is a parent or guardian of a person under
18 years of age present in the building or on the grounds.
    (b) It is unlawful for a child sex offender to knowingly
loiter on a public way within 500 feet of a public park
building or real property comprising any public park while
persons under the age of 18 are present in the building or on
the grounds and to approach, contact, or communicate with a
child under 18 years of age, unless the offender is a parent or
guardian of a person under 18 years of age present in the
building or on the grounds.
    (b-5) It is unlawful for a child sex offender to knowingly
reside within 500 feet of a playground, child care institution,
day care center, part day child care facility, day care home,
group day care home, or a facility providing programs or
services exclusively directed toward persons under 18 years of
age. Nothing in this subsection (b-5) prohibits a child sex
offender from residing within 500 feet of a playground or a
facility providing programs or services exclusively directed
toward persons under 18 years of age if the property is owned
by the child sex offender and was purchased before the
effective date of this amendatory Act of the 91st General
Assembly. Nothing in this subsection (b-5) prohibits a child
sex offender from residing within 500 feet of a child care
institution, day care center, or part day child care facility
if the property is owned by the child sex offender and was
purchased before the effective date of this amendatory Act of
the 94th General Assembly. Nothing in this subsection (b-5)
prohibits a child sex offender from residing within 500 feet of
a day care home or group day care home if the property is owned
by the child sex offender and was purchased before August 14,
2008 (the effective date of Public Act 95-821) this amendatory
Act of the 95th General Assembly.
    (b-6) It is unlawful for a child sex offender to knowingly
reside within 500 feet of the victim of the sex offense.
Nothing in this subsection (b-6) prohibits a child sex offender
from residing within 500 feet of the victim if the property in
which the child sex offender resides is owned by the child sex
offender and was purchased before the effective date of this
amendatory Act of the 92nd General Assembly.
    This subsection (b-6) does not apply if the victim of the
sex offense is 21 years of age or older.
    (c) It is unlawful for a child sex offender to knowingly
operate, manage, be employed by, volunteer at, be associated
with, or knowingly be present at any: (i) facility providing
programs or services exclusively directed towards persons
under the age of 18; (ii) day care center; (iii) part day child
care facility; (iv) child care institution; (v) school
providing before and after school programs for children under
18 years of age; (vi) day care home; or (vii) group day care
home. This does not prohibit a child sex offender from owning
the real property upon which the programs or services are
offered or upon which the day care center, part day child care
facility, child care institution, or school providing before
and after school programs for children under 18 years of age is
located, provided the child sex offender refrains from being
present on the premises for the hours during which: (1) the
programs or services are being offered or (2) the day care
center, part day child care facility, child care institution,
school providing before and after school programs for children
under 18 years of age, day care home, or group day care home is
operated.
    (c-5) It is unlawful for a child sex offender to knowingly
operate, manage, be employed by, or be associated with any
county fair when persons under the age of 18 are present.
    (c-6) It is unlawful for a child sex offender who owns and
resides at residential real estate to knowingly rent any
residential unit within the same building in which he or she
resides to a person who is the parent or guardian of a child or
children under 18 years of age. This subsection shall apply
only to leases or other rental arrangements entered into after
January 1, 2009 (the effective date of Public Act 95-820) this
amendatory Act of the 95th General Assembly.
    (c-7) (c-6) It is unlawful for a child sex offender to
knowingly offer or provide any programs or services to persons
under 18 years of age in his or her residence or the residence
of another or in any facility for the purpose of offering or
providing such programs or services, whether such programs or
services are offered or provided by contract, agreement,
arrangement, or on a volunteer basis.
    (d) Definitions. In this Section:
        (1) "Child sex offender" means any person who:
            (i) has been charged under Illinois law, or any
        substantially similar federal law or law of another
        state, with a sex offense set forth in paragraph (2) of
        this subsection (d) or the attempt to commit an
        included sex offense, and:
                (A) is convicted of such offense or an attempt
            to commit such offense; or
                (B) is found not guilty by reason of insanity
            of such offense or an attempt to commit such
            offense; or
                (C) is found not guilty by reason of insanity
            pursuant to subsection (c) of Section 104-25 of the
            Code of Criminal Procedure of 1963 of such offense
            or an attempt to commit such offense; or
                (D) is the subject of a finding not resulting
            in an acquittal at a hearing conducted pursuant to
            subsection (a) of Section 104-25 of the Code of
            Criminal Procedure of 1963 for the alleged
            commission or attempted commission of such
            offense; or
                (E) is found not guilty by reason of insanity
            following a hearing conducted pursuant to a
            federal law or the law of another state
            substantially similar to subsection (c) of Section
            104-25 of the Code of Criminal Procedure of 1963 of
            such offense or of the attempted commission of such
            offense; or
                (F) is the subject of a finding not resulting
            in an acquittal at a hearing conducted pursuant to
            a federal law or the law of another state
            substantially similar to subsection (a) of Section
            104-25 of the Code of Criminal Procedure of 1963
            for the alleged violation or attempted commission
            of such offense; or
            (ii) is certified as a sexually dangerous person
        pursuant to the Illinois Sexually Dangerous Persons
        Act, or any substantially similar federal law or the
        law of another state, when any conduct giving rise to
        such certification is committed or attempted against a
        person less than 18 years of age; or
            (iii) is subject to the provisions of Section 2 of
        the Interstate Agreements on Sexually Dangerous
        Persons Act.
        Convictions that result from or are connected with the
    same act, or result from offenses committed at the same
    time, shall be counted for the purpose of this Section as
    one conviction. Any conviction set aside pursuant to law is
    not a conviction for purposes of this Section.
        (2) Except as otherwise provided in paragraph (2.5),
    "sex offense" means:
            (i) A violation of any of the following Sections of
        the Criminal Code of 1961: 10-7 (aiding and abetting
        child abduction under Section 10-5(b)(10)),
        10-5(b)(10) (child luring), 11-6 (indecent
        solicitation of a child), 11-6.5 (indecent
        solicitation of an adult), 11-9 (public indecency when
        committed in a school, on the real property comprising
        a school, on a conveyance owned, leased, or contracted
        by a school to transport students to or from school or
        a school related activity, or in a public park), 11-9.1
        (sexual exploitation of a child), 11-15.1 (soliciting
        for a juvenile prostitute), 11-17.1 (keeping a place of
        juvenile prostitution), 11-18.1 (patronizing a
        juvenile prostitute), 11-19.1 (juvenile pimping),
        11-19.2 (exploitation of a child), 11-20.1 (child
        pornography), 11-20.3 (aggravated child pornography),
        11-21 (harmful material), 12-14.1 (predatory criminal
        sexual assault of a child), 12-33 (ritualized abuse of
        a child), 11-20 (obscenity) (when that offense was
        committed in any school, on real property comprising
        any school, on any conveyance owned, leased, or
        contracted by a school to transport students to or from
        school or a school related activity, or in a public
        park). An attempt to commit any of these offenses.
            (ii) A violation of any of the following Sections
        of the Criminal Code of 1961, when the victim is a
        person under 18 years of age: 12-13 (criminal sexual
        assault), 12-14 (aggravated criminal sexual assault),
        12-15 (criminal sexual abuse), 12-16 (aggravated
        criminal sexual abuse). An attempt to commit any of
        these offenses.
            (iii) A violation of any of the following Sections
        of the Criminal Code of 1961, when the victim is a
        person under 18 years of age and the defendant is not a
        parent of the victim:
            10-1 (kidnapping),
            10-2 (aggravated kidnapping),
            10-3 (unlawful restraint),
            10-3.1 (aggravated unlawful restraint).
            An attempt to commit any of these offenses.
            (iv) A violation of any former law of this State
        substantially equivalent to any offense listed in
        clause (2)(i) of this subsection (d).
        (2.5) For the purposes of subsection (b-5) only, a sex
    offense means:
            (i) A violation of any of the following Sections of
        the Criminal Code of 1961:
                10-5(b)(10) (child luring), 10-7 (aiding and
            abetting child abduction under Section
            10-5(b)(10)), 11-6 (indecent solicitation of a
            child), 11-6.5 (indecent solicitation of an
            adult), 11-15.1 (soliciting for a juvenile
            prostitute), 11-17.1 (keeping a place of juvenile
            prostitution), 11-18.1 (patronizing a juvenile
            prostitute), 11-19.1 (juvenile pimping), 11-19.2
            (exploitation of a child), 11-20.1 (child
            pornography), 11-20.3 (aggravated child
            pornography), 12-14.1 (predatory criminal sexual
            assault of a child), or 12-33 (ritualized abuse of
            a child). An attempt to commit any of these
            offenses.
            (ii) A violation of any of the following Sections
        of the Criminal Code of 1961, when the victim is a
        person under 18 years of age: 12-13 (criminal sexual
        assault), 12-14 (aggravated criminal sexual assault),
        12-16 (aggravated criminal sexual abuse), and
        subsection (a) of Section 12-15 (criminal sexual
        abuse). An attempt to commit any of these offenses.
            (iii) A violation of any of the following Sections
        of the Criminal Code of 1961, when the victim is a
        person under 18 years of age and the defendant is not a
        parent of the victim:
            10-1 (kidnapping),
            10-2 (aggravated kidnapping),
            10-3 (unlawful restraint),
            10-3.1 (aggravated unlawful restraint).
            An attempt to commit any of these offenses.
            (iv) A violation of any former law of this State
        substantially equivalent to any offense listed in this
        paragraph (2.5) of this subsection.
        (3) A conviction for an offense of federal law or the
    law of another state that is substantially equivalent to
    any offense listed in paragraph (2) of this subsection (d)
    shall constitute a conviction for the purpose of this
    Section. A finding or adjudication as a sexually dangerous
    person under any federal law or law of another state that
    is substantially equivalent to the Sexually Dangerous
    Persons Act shall constitute an adjudication for the
    purposes of this Section.
        (4) "Public park" includes a park, forest preserve, or
    conservation area under the jurisdiction of the State or a
    unit of local government.
        (5) "Facility providing programs or services directed
    towards persons under the age of 18" means any facility
    providing programs or services exclusively directed
    towards persons under the age of 18.
        (6) "Loiter" means:
            (i) Standing, sitting idly, whether or not the
        person is in a vehicle or remaining in or around public
        park property.
            (ii) Standing, sitting idly, whether or not the
        person is in a vehicle or remaining in or around public
        park property, for the purpose of committing or
        attempting to commit a sex offense.
        (7) "Playground" means a piece of land owned or
    controlled by a unit of local government that is designated
    by the unit of local government for use solely or primarily
    for children's recreation.
        (8) "Child care institution" has the meaning ascribed
    to it in Section 2.06 of the Child Care Act of 1969.
        (9) "Day care center" has the meaning ascribed to it in
    Section 2.09 of the Child Care Act of 1969.
        (10) "Part day child care facility" has the meaning
    ascribed to it in Section 2.10 of the Child Care Act of
    1969.
        (11) "Day care home" has the meaning ascribed to it in
    Section 2.18 of the Child Care Act of 1969.
        (12) "Group day care home" has the meaning ascribed to
    it in Section 2.20 of the Child Care Act of 1969.
    (d-5) For the purposes of this Section, the 500 feet
distance shall be measured from the edge of the property
comprising the public park building or the real property
comprising the public park, playground, child care
institution, day care center, part day child care facility, or
a facility providing programs or services exclusively directed
toward persons under 18 years of age, or a victim of the sex
offense who is under 21 years of age to the edge of the child
sex offender's place of residence or where he or she is
loitering.
    (e) Sentence. A person who violates this Section is guilty
of a Class 4 felony.
(Source: P.A. 94-925, eff. 6-26-06; 95-32, eff. 1-1-08; 95-640,
eff. 6-1-08; 95-819, eff. 1-1-09; 95-820, eff. 1-1-09; 95-821,
eff. 8-14-08; 95-876, eff. 8-21-08; revised 10-20-08.)
 
    (Text of Section after amendment by P.A. 95-983)
    Sec. 11-9.4. Approaching, contacting, residing, or
communicating with a child within certain places by child sex
offenders prohibited.
    (a) It is unlawful for a child sex offender to knowingly be
present in any public park building or on real property
comprising any public park when persons under the age of 18 are
present in the building or on the grounds and to approach,
contact, or communicate with a child under 18 years of age,
unless the offender is a parent or guardian of a person under
18 years of age present in the building or on the grounds.
    (b) It is unlawful for a child sex offender to knowingly
loiter on a public way within 500 feet of a public park
building or real property comprising any public park while
persons under the age of 18 are present in the building or on
the grounds and to approach, contact, or communicate with a
child under 18 years of age, unless the offender is a parent or
guardian of a person under 18 years of age present in the
building or on the grounds.
    (b-5) It is unlawful for a child sex offender to knowingly
reside within 500 feet of a playground, child care institution,
day care center, part day child care facility, day care home,
group day care home, or a facility providing programs or
services exclusively directed toward persons under 18 years of
age. Nothing in this subsection (b-5) prohibits a child sex
offender from residing within 500 feet of a playground or a
facility providing programs or services exclusively directed
toward persons under 18 years of age if the property is owned
by the child sex offender and was purchased before the
effective date of this amendatory Act of the 91st General
Assembly. Nothing in this subsection (b-5) prohibits a child
sex offender from residing within 500 feet of a child care
institution, day care center, or part day child care facility
if the property is owned by the child sex offender and was
purchased before the effective date of this amendatory Act of
the 94th General Assembly. Nothing in this subsection (b-5)
prohibits a child sex offender from residing within 500 feet of
a day care home or group day care home if the property is owned
by the child sex offender and was purchased before August 14,
2008 (the effective date of Public Act 95-821) this amendatory
Act of the 95th General Assembly.
    (b-6) It is unlawful for a child sex offender to knowingly
reside within 500 feet of the victim of the sex offense.
Nothing in this subsection (b-6) prohibits a child sex offender
from residing within 500 feet of the victim if the property in
which the child sex offender resides is owned by the child sex
offender and was purchased before the effective date of this
amendatory Act of the 92nd General Assembly.
    This subsection (b-6) does not apply if the victim of the
sex offense is 21 years of age or older.
    (b-7) It is unlawful for a child sex offender to knowingly
communicate, other than for a lawful purpose under Illinois
law, using the Internet or any other digital media, with a
person under 18 years of age or with a person whom he or she
believes to be a person under 18 years of age, unless the
offender is a parent or guardian of the person under 18 years
of age.
    (c) It is unlawful for a child sex offender to knowingly
operate, manage, be employed by, volunteer at, be associated
with, or knowingly be present at any: (i) facility providing
programs or services exclusively directed towards persons
under the age of 18; (ii) day care center; (iii) part day child
care facility; (iv) child care institution; (v) school
providing before and after school programs for children under
18 years of age; (vi) day care home; or (vii) group day care
home. This does not prohibit a child sex offender from owning
the real property upon which the programs or services are
offered or upon which the day care center, part day child care
facility, child care institution, or school providing before
and after school programs for children under 18 years of age is
located, provided the child sex offender refrains from being
present on the premises for the hours during which: (1) the
programs or services are being offered or (2) the day care
center, part day child care facility, child care institution,
school providing before and after school programs for children
under 18 years of age, day care home, or group day care home is
operated.
    (c-5) It is unlawful for a child sex offender to knowingly
operate, manage, be employed by, or be associated with any
county fair when persons under the age of 18 are present.
    (c-6) It is unlawful for a child sex offender who owns and
resides at residential real estate to knowingly rent any
residential unit within the same building in which he or she
resides to a person who is the parent or guardian of a child or
children under 18 years of age. This subsection shall apply
only to leases or other rental arrangements entered into after
January 1, 2009 (the effective date of Public Act 95-820) this
amendatory Act of the 95th General Assembly.
    (c-7) (c-6) It is unlawful for a child sex offender to
knowingly offer or provide any programs or services to persons
under 18 years of age in his or her residence or the residence
of another or in any facility for the purpose of offering or
providing such programs or services, whether such programs or
services are offered or provided by contract, agreement,
arrangement, or on a volunteer basis.
    (d) Definitions. In this Section:
        (1) "Child sex offender" means any person who:
            (i) has been charged under Illinois law, or any
        substantially similar federal law or law of another
        state, with a sex offense set forth in paragraph (2) of
        this subsection (d) or the attempt to commit an
        included sex offense, and:
                (A) is convicted of such offense or an attempt
            to commit such offense; or
                (B) is found not guilty by reason of insanity
            of such offense or an attempt to commit such
            offense; or
                (C) is found not guilty by reason of insanity
            pursuant to subsection (c) of Section 104-25 of the
            Code of Criminal Procedure of 1963 of such offense
            or an attempt to commit such offense; or
                (D) is the subject of a finding not resulting
            in an acquittal at a hearing conducted pursuant to
            subsection (a) of Section 104-25 of the Code of
            Criminal Procedure of 1963 for the alleged
            commission or attempted commission of such
            offense; or
                (E) is found not guilty by reason of insanity
            following a hearing conducted pursuant to a
            federal law or the law of another state
            substantially similar to subsection (c) of Section
            104-25 of the Code of Criminal Procedure of 1963 of
            such offense or of the attempted commission of such
            offense; or
                (F) is the subject of a finding not resulting
            in an acquittal at a hearing conducted pursuant to
            a federal law or the law of another state
            substantially similar to subsection (a) of Section
            104-25 of the Code of Criminal Procedure of 1963
            for the alleged violation or attempted commission
            of such offense; or
            (ii) is certified as a sexually dangerous person
        pursuant to the Illinois Sexually Dangerous Persons
        Act, or any substantially similar federal law or the
        law of another state, when any conduct giving rise to
        such certification is committed or attempted against a
        person less than 18 years of age; or
            (iii) is subject to the provisions of Section 2 of
        the Interstate Agreements on Sexually Dangerous
        Persons Act.
        Convictions that result from or are connected with the
    same act, or result from offenses committed at the same
    time, shall be counted for the purpose of this Section as
    one conviction. Any conviction set aside pursuant to law is
    not a conviction for purposes of this Section.
        (2) Except as otherwise provided in paragraph (2.5),
    "sex offense" means:
            (i) A violation of any of the following Sections of
        the Criminal Code of 1961: 10-7 (aiding and abetting
        child abduction under Section 10-5(b)(10)),
        10-5(b)(10) (child luring), 11-6 (indecent
        solicitation of a child), 11-6.5 (indecent
        solicitation of an adult), 11-9 (public indecency when
        committed in a school, on the real property comprising
        a school, on a conveyance owned, leased, or contracted
        by a school to transport students to or from school or
        a school related activity, or in a public park), 11-9.1
        (sexual exploitation of a child), 11-15.1 (soliciting
        for a juvenile prostitute), 11-17.1 (keeping a place of
        juvenile prostitution), 11-18.1 (patronizing a
        juvenile prostitute), 11-19.1 (juvenile pimping),
        11-19.2 (exploitation of a child), 11-20.1 (child
        pornography), 11-20.3 (aggravated child pornography),
        11-21 (harmful material), 12-14.1 (predatory criminal
        sexual assault of a child), 12-33 (ritualized abuse of
        a child), 11-20 (obscenity) (when that offense was
        committed in any school, on real property comprising
        any school, on any conveyance owned, leased, or
        contracted by a school to transport students to or from
        school or a school related activity, or in a public
        park). An attempt to commit any of these offenses.
            (ii) A violation of any of the following Sections
        of the Criminal Code of 1961, when the victim is a
        person under 18 years of age: 12-13 (criminal sexual
        assault), 12-14 (aggravated criminal sexual assault),
        12-15 (criminal sexual abuse), 12-16 (aggravated
        criminal sexual abuse). An attempt to commit any of
        these offenses.
            (iii) A violation of any of the following Sections
        of the Criminal Code of 1961, when the victim is a
        person under 18 years of age and the defendant is not a
        parent of the victim:
            10-1 (kidnapping),
            10-2 (aggravated kidnapping),
            10-3 (unlawful restraint),
            10-3.1 (aggravated unlawful restraint).
            An attempt to commit any of these offenses.
            (iv) A violation of any former law of this State
        substantially equivalent to any offense listed in
        clause (2)(i) of this subsection (d).
        (2.5) For the purposes of subsection (b-5) only, a sex
    offense means:
            (i) A violation of any of the following Sections of
        the Criminal Code of 1961:
                10-5(b)(10) (child luring), 10-7 (aiding and
            abetting child abduction under Section
            10-5(b)(10)), 11-6 (indecent solicitation of a
            child), 11-6.5 (indecent solicitation of an
            adult), 11-15.1 (soliciting for a juvenile
            prostitute), 11-17.1 (keeping a place of juvenile
            prostitution), 11-18.1 (patronizing a juvenile
            prostitute), 11-19.1 (juvenile pimping), 11-19.2
            (exploitation of a child), 11-20.1 (child
            pornography), 11-20.3 (aggravated child
            pornography), 12-14.1 (predatory criminal sexual
            assault of a child), or 12-33 (ritualized abuse of
            a child). An attempt to commit any of these
            offenses.
            (ii) A violation of any of the following Sections
        of the Criminal Code of 1961, when the victim is a
        person under 18 years of age: 12-13 (criminal sexual
        assault), 12-14 (aggravated criminal sexual assault),
        12-16 (aggravated criminal sexual abuse), and
        subsection (a) of Section 12-15 (criminal sexual
        abuse). An attempt to commit any of these offenses.
            (iii) A violation of any of the following Sections
        of the Criminal Code of 1961, when the victim is a
        person under 18 years of age and the defendant is not a
        parent of the victim:
            10-1 (kidnapping),
            10-2 (aggravated kidnapping),
            10-3 (unlawful restraint),
            10-3.1 (aggravated unlawful restraint).
            An attempt to commit any of these offenses.
            (iv) A violation of any former law of this State
        substantially equivalent to any offense listed in this
        paragraph (2.5) of this subsection.
        (3) A conviction for an offense of federal law or the
    law of another state that is substantially equivalent to
    any offense listed in paragraph (2) of this subsection (d)
    shall constitute a conviction for the purpose of this
    Section. A finding or adjudication as a sexually dangerous
    person under any federal law or law of another state that
    is substantially equivalent to the Sexually Dangerous
    Persons Act shall constitute an adjudication for the
    purposes of this Section.
        (4) "Public park" includes a park, forest preserve, or
    conservation area under the jurisdiction of the State or a
    unit of local government.
        (5) "Facility providing programs or services directed
    towards persons under the age of 18" means any facility
    providing programs or services exclusively directed
    towards persons under the age of 18.
        (6) "Loiter" means:
            (i) Standing, sitting idly, whether or not the
        person is in a vehicle or remaining in or around public
        park property.
            (ii) Standing, sitting idly, whether or not the
        person is in a vehicle or remaining in or around public
        park property, for the purpose of committing or
        attempting to commit a sex offense.
        (7) "Playground" means a piece of land owned or
    controlled by a unit of local government that is designated
    by the unit of local government for use solely or primarily
    for children's recreation.
        (8) "Child care institution" has the meaning ascribed
    to it in Section 2.06 of the Child Care Act of 1969.
        (9) "Day care center" has the meaning ascribed to it in
    Section 2.09 of the Child Care Act of 1969.
        (10) "Part day child care facility" has the meaning
    ascribed to it in Section 2.10 of the Child Care Act of
    1969.
        (11) "Day care home" has the meaning ascribed to it in
    Section 2.18 of the Child Care Act of 1969.
        (12) "Group day care home" has the meaning ascribed to
    it in Section 2.20 of the Child Care Act of 1969.
        (13) (11) "Internet" means an interactive computer
    service or system or an information service, system, or
    access software provider that provides or enables computer
    access by multiple users to a computer server, and
    includes, but is not limited to, an information service,
    system, or access software provider that provides access to
    a network system commonly known as the Internet, or any
    comparable system or service and also includes, but is not
    limited to, a World Wide Web page, newsgroup, message
    board, mailing list, or chat area on any interactive
    computer service or system or other online service.
    (d-5) For the purposes of this Section, the 500 feet
distance shall be measured from the edge of the property
comprising the public park building or the real property
comprising the public park, playground, child care
institution, day care center, part day child care facility, or
a facility providing programs or services exclusively directed
toward persons under 18 years of age, or a victim of the sex
offense who is under 21 years of age to the edge of the child
sex offender's place of residence or where he or she is
loitering.
    (e) Sentence. A person who violates this Section is guilty
of a Class 4 felony.
(Source: P.A. 94-925, eff. 6-26-06; 95-32, eff. 1-1-08; 95-640,
eff. 6-1-08; 95-819, eff. 1-1-09; 95-820, eff. 1-1-09; 95-821,
eff. 8-14-08; 95-876, eff. 8-21-08; 95-983, eff. 6-1-09;
revised 10-20-08.)
 
    (720 ILCS 5/12-4.2)  (from Ch. 38, par. 12-4.2)
    Sec. 12-4.2. Aggravated Battery with a firearm.
    (a) A person commits aggravated battery with a firearm when
he, in committing a battery, knowingly or intentionally by
means of the discharging of a firearm (1) causes any injury to
another person, or (2) causes any injury to a person he knows
to be a peace officer, a private security officer, a community
policing volunteer, a correctional institution employee or a
fireman while the officer, volunteer, employee or fireman is
engaged in the execution of any of his official duties, or to
prevent the officer, volunteer, employee or fireman from
performing his official duties, or in retaliation for the
officer, volunteer, employee or fireman performing his
official duties, or (3) causes any injury to a person he knows
to be an emergency medical technician - ambulance, emergency
medical technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other medical
assistance or first aid personnel, employed by a municipality
or other governmental unit, while the emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first aid
personnel is engaged in the execution of any of his official
duties, or to prevent the emergency medical technician -
ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance driver, or
other medical assistance or first aid personnel from performing
his official duties, or in retaliation for the emergency
medical technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first aid
personnel performing his official duties, (4) causes any injury
to a person he or she knows to be a teacher or other person
employed in a school and the teacher or other employee is upon
grounds of a school or grounds adjacent to a school, or is in
any part of a building used for school purposes, or (5) causes
any injury to a person he or she knows to be an emergency
management worker while the emergency management worker is
engaged in the execution of any of his or her official duties,
or to prevent the emergency management worker from performing
his or her official duties, or in retaliation for the emergency
management worker performing his or her official duties.
    (b) A violation of subsection (a)(1) of this Section is a
Class X felony. A violation of subsection (a)(2), subsection
(a)(3), subsection (a)(4), or subsection (a)(5) of this Section
is a Class X felony for which the sentence shall be a term of
imprisonment of no less than 15 years and no more than 60
years.
    (c) For purposes of this Section:
        "Firearm" is defined as in the Firearm Owners
    Identification Card Act.
        "Private security officer" means a registered employee
    of a private security contractor agency under the Private
    Detective, Private Alarm, Private Security, Fingerprint
    Vendor, and Locksmith Act of 2004.
(Source: P.A. 94-243, eff. 1-1-06; 95-236, eff. 1-1-08; revised
1-22-08.)
 
    (720 ILCS 5/12-4.2-5)
    Sec. 12-4.2-5. Aggravated battery with a machine gun or a
firearm equipped with any device or attachment designed or used
for silencing the report of a firearm.
    (a) A person commits aggravated battery with a machine gun
or a firearm equipped with a device designed or used for
silencing the report of a firearm when he or she, in committing
a battery, knowingly or intentionally by means of the
discharging of a machine gun or a firearm equipped with a
device designed or used for silencing the report of a firearm
(1) causes any injury to another person, or (2) causes any
injury to a person he or she knows to be a peace officer, a
private security officer, a person summoned by a peace officer,
a correctional institution employee or a fireman while the
officer, employee or fireman is engaged in the execution of any
of his or her official duties, or to prevent the officer,
employee or fireman from performing his or her official duties,
or in retaliation for the officer, employee or fireman
performing his or her official duties, or (3) causes any injury
to a person he or she knows to be an emergency medical
technician - ambulance, emergency medical technician -
intermediate, emergency medical technician - paramedic,
ambulance driver, or other medical assistance or first aid
personnel, employed by a municipality or other governmental
unit, while the emergency medical technician - ambulance,
emergency medical technician - intermediate, emergency medical
technician - paramedic, ambulance driver, or other medical
assistance or first aid personnel is engaged in the execution
of any of his or her official duties, or to prevent the
emergency medical technician - ambulance, emergency medical
technician - intermediate, emergency medical technician -
paramedic, ambulance driver, or other medical assistance or
first aid personnel from performing his or her official duties,
or in retaliation for the emergency medical technician -
ambulance, emergency medical technician - intermediate,
emergency medical technician - paramedic, ambulance driver, or
other medical assistance or first aid personnel performing his
or her official duties, or (4) causes any injury to a person he
or she knows to be an emergency management worker while the
emergency management worker is engaged in the execution of any
of his or her official duties, or to prevent the emergency
management worker from performing his or her official duties,
or in retaliation for the emergency management worker
performing his or her official duties.
    (b) A violation of subsection (a)(1) of this Section is a
Class X felony for which the person shall be sentenced to a
term of imprisonment of no less than 12 years and no more than
45 years. A violation of subsection (a)(2), subsection (a)(3),
or subsection (a)(4) of this Section is a Class X felony for
which the sentence shall be a term of imprisonment of no less
than 20 years and no more than 60 years.
    (c) For purposes of this Section, "firearm" is defined as
in the Firearm Owners Identification Card Act.
    (d) For purposes of this Section:
        "Machine gun" has the meaning ascribed to it in clause
    (i) of paragraph (7) of subsection (a) of Section 24-1 of
    this Code.
        "Private security officer" means a registered employee
    of a private security contractor agency under the Private
    Detective, Private Alarm, Private Security, Fingerprint
    Vendor, and Locksmith Act of 2004.
(Source: P.A. 94-243, eff. 1-1-06; 95-236, eff. 1-1-08; revised
1-22-08.)
 
    (720 ILCS 5/12-7.5)
    Sec. 12-7.5. Cyberstalking.
    (a) A person commits cyberstalking when he or she,
knowingly and without lawful justification, on at least 2
separate occasions, harasses another person through the use of
electronic communication and:
        (1) at any time transmits a threat of immediate or
    future bodily harm, sexual assault, confinement, or
    restraint and the threat is directed towards that person or
    a family member of that person; , or
        (2) places that person or a family member of that
    person in reasonable apprehension of immediate or future
    bodily harm, sexual assault, confinement, or restraint; or
        (3) at any time knowingly solicits the commission of an
    act by any person which would be a violation of this Code
    directed towards that person or a family member of that
    person.
    (a-5) A person commits cyberstalking when he or she,
knowingly and without lawful justification, creates and
maintains an Internet website or webpage which is accessible to
one or more third parties for a period of at least 24 hours,
and which contains statements harassing another person and:
        (1) which communicates a threat of immediate or future
    bodily harm, sexual assault, confinement, or restraint,
    where the threat is directed towards that person or a
    family member of that person, or
        (2) which places that person or a family member of that
    person in reasonable apprehension of immediate or future
    bodily harm, sexual assault, confinement, or restraint, or
        (3) which knowingly solicits the commission of an act
    by any person which would be a violation of this Code
    directed towards that person or a family member of that
    person.
    (b) As used in this Section:
    "Harass" means to engage in a knowing and willful course of
conduct directed at a specific person that alarms, torments, or
terrorizes that person.
    "Third party" means any person other than the person
violating these provisions and the person or persons towards
whom the violator's actions are directed.
    "Electronic communication" means any transfer of signs,
signals, writings, sounds, data, or intelligence of any nature
transmitted in whole or in part by a wire, radio,
electronmagnetic, photoelectric, or photo-optical system.
"Electronic communication" includes transmissions by a
computer through the Internet to another computer.
    (c) Sentence. Cyberstalking is a Class 4 felony. A second
or subsequent conviction for cyberstalking is a Class 3 felony.
    (d) Telecommunications carriers, commercial mobile service
providers, and providers of information services, including,
but not limited to, Internet service providers and hosting
service providers, are not liable under this Section, except
for willful and wanton misconduct, by virtue of the
transmission, storage, or caching of electronic communications
or messages of others or by virtue of the provision of other
related telecommunications, commercial mobile services, or
information services used by others in violation of this
Section.
(Source: P.A. 95-849, eff. 1-1-09; revised 9-10-08.)
 
    (720 ILCS 5/17-2)  (from Ch. 38, par. 17-2)
    Sec. 17-2. False personation; use of title; solicitation;
certain entities.
    (a) A person commits a false personation when he or she
falsely represents himself or herself to be a member or
representative of any veterans' or public safety personnel
organization or a representative of any charitable
organization, or when any person exhibits or uses in any manner
any decal, badge or insignia of any charitable, public safety
personnel, or veterans' organization when not authorized to do
so by the charitable, public safety personnel, or veterans'
organization. "Public safety personnel organization" has the
meaning ascribed to that term in Section 1 of the Solicitation
for Charity Act.
    (a-5) A person commits a false personation when he or she
falsely represents himself or herself to be a veteran in
seeking employment or public office. In this subsection,
"veteran" means a person who has served in the Armed Services
or Reserve Reserved Forces of the United States.
    (a-6) A person commits a false personation when he or she
falsely represents himself or herself to be a recipient of, or
wears on his or her person, any of the following medals if that
medal was not awarded to that person by the United States
government, irrespective of branch of service: the
Congressional Medal of Honor, the Distinguished Service Cross,
the Navy Cross, the Air Force Cross, the Silver Star, the
Bronze Star, or the Purple Heart.
    It is a defense to a prosecution under this subsection
(a-6) that the medal is used, or is intended to be used,
exclusively:
        (1) for a dramatic presentation, such as a theatrical,
    film, or television production, or a historical
    re-enactment; or
        (2) for a costume worn, or intended to be worn, by a
    person under 18 years of age.
    (b) No person shall use the words "Chicago Police,"
"Chicago Police Department," "Chicago Patrolman," "Chicago
Sergeant," "Chicago Lieutenant," "Chicago Peace Officer" or
any other words to the same effect in the title of any
organization, magazine, or other publication without the
express approval of the Chicago Police Board.
    (b-5) No person shall use the words "Cook County Sheriff's
Police" or "Cook County Sheriff" or any other words to the same
effect in the title of any organization, magazine, or other
publication without the express approval of the office of the
Cook County Sheriff's Merit Board. The references to names and
titles in this Section may not be construed as authorizing use
of the names and titles of other organizations or public safety
personnel organizations otherwise prohibited by this Section
or the Solicitation for Charity Act.
    (b-10) No person may use, in the title of any organization,
magazine, or other publication, the words "officer", "peace
officer", "police", "law enforcement", "trooper", "sheriff",
"deputy", "deputy sheriff", or "state police" in combination
with the name of any state, state agency, public university, or
unit of local government without the express written
authorization of that state, state agency, or unit of local
government.
    (c) (Blank).
    (c-1) No person may claim or represent that he or she is
acting on behalf of any police department, chief of a police
department, fire department, chief of a fire department,
sheriff's department, or sheriff when soliciting financial
contributions or selling or delivering or offering to sell or
deliver any merchandise, goods, services, memberships, or
advertisements unless the chief of the police department, fire
department, and the corporate or municipal authority thereof,
or the sheriff has first entered into a written agreement with
the person or with an organization with which the person is
affiliated and the agreement permits the activity.
    (c-2) No person, when soliciting financial contributions
or selling or delivering or offering to sell or deliver any
merchandise, goods, services, memberships, or advertisements
may claim or represent that he or she is representing or acting
on behalf of any nongovernmental organization by any name which
includes "officer", "peace officer", "police", "law
enforcement", "trooper", "sheriff", "deputy", "deputy
sheriff", "State police", or any other word or words which
would reasonably be understood to imply that the organization
is composed of law enforcement personnel unless the person is
actually representing or acting on behalf of the
nongovernmental organization, and the nongovernmental
organization is controlled by and governed by a membership of
and represents a group or association of active duty peace
officers, retired peace officers, or injured peace officers and
before commencing the solicitation or the sale or the offers to
sell any merchandise, goods, services, memberships, or
advertisements, a written contract between the soliciting or
selling person and the nongovernmental organization has been
entered into.
    (c-3) No person may solicit financial contributions or sell
or deliver or offer to sell or deliver any merchandise, goods,
services, memberships, or advertisements on behalf of a police,
sheriff, or other law enforcement department unless that person
is actually representing or acting on behalf of the department
or governmental organization and has entered into a written
contract with the police chief, or head of the law enforcement
department, and the corporate or municipal authority thereof,
or the sheriff, which specifies and states clearly and fully
the purposes for which the proceeds of the solicitation,
contribution, or sale will be used.
    (c-4) No person, when soliciting financial contributions
or selling or delivering or offering to sell or deliver any
merchandise, goods, services, memberships, or advertisements,
may claim or represent that he or she is representing or acting
on behalf of any nongovernmental organization by any name which
includes the term "fireman", "fire fighter", "paramedic", or
any other word or words which would reasonably be understood to
imply that the organization is composed of fire fighter or
paramedic personnel unless the person is actually representing
or acting on behalf of the nongovernmental organization, and
the nongovernmental organization is controlled by and governed
by a membership of and represents a group or association of
active duty, retired, or injured fire fighters (for the
purposes of this Section, "fire fighter" has the meaning
ascribed to that term in Section 2 of the Illinois Fire
Protection Training Act) or active duty, retired, or injured
emergency medical technicians - ambulance, emergency medical
technicians - intermediate, emergency medical technicians -
paramedic, ambulance drivers, or other medical assistance or
first aid personnel, and before commencing the solicitation or
the sale or delivery or the offers to sell or deliver any
merchandise, goods, services, memberships, or advertisements,
a written contract between the soliciting or selling person and
the nongovernmental organization has been entered into.
    (c-5) No person may solicit financial contributions or sell
or deliver or offer to sell or deliver any merchandise, goods,
services, memberships, or advertisements on behalf of a
department or departments of fire fighters unless that person
is actually representing or acting on behalf of the department
or departments and has entered into a written contract with the
department chief and corporate or municipal authority thereof
which specifies and states clearly and fully the purposes for
which the proceeds of the solicitation, contribution, or sale
will be used.
    (c-6) No person may claim or represent that he or she is an
airman, airline employee, airport employee, or contractor at an
airport in order to obtain the uniform, identification card,
license, or other identification paraphernalia of an airman,
airline employee, airport employee, or contractor at an
airport.
    (d) Sentence. False personation, unapproved use of a name
or title, or solicitation in violation of subsection (a), (b),
(b-5), or (b-10) of this Section is a Class C misdemeanor.
False personation in violation of subsections (a-5) and (c-6)
is a Class A misdemeanor. False personation in violation of
subsection (a-6) of this Section is a petty offense for which
the offender shall be fined at least $100 and not exceeding
$200. Engaging in any activity in violation of subsection
(c-1), (c-2), (c-3), (c-4), or (c-5) of this Section is a Class
4 felony.
(Source: P.A. 94-548, eff. 8-11-05; 94-755, eff. 1-1-07;
94-984, eff. 6-30-06; 95-331, eff. 8-21-07; revised 10-28-08.)
 
    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
    Sec. 24-1. Unlawful Use of Weapons.
    (a) A person commits the offense of unlawful use of weapons
when he knowingly:
        (1) Sells, manufactures, purchases, possesses or
    carries any bludgeon, black-jack, slung-shot, sand-club,
    sand-bag, metal knuckles or other knuckle weapon
    regardless of its composition, throwing star, or any knife,
    commonly referred to as a switchblade knife, which has a
    blade that opens automatically by hand pressure applied to
    a button, spring or other device in the handle of the
    knife, or a ballistic knife, which is a device that propels
    a knifelike blade as a projectile by means of a coil
    spring, elastic material or compressed gas; or
        (2) Carries or possesses with intent to use the same
    unlawfully against another, a dagger, dirk, billy,
    dangerous knife, razor, stiletto, broken bottle or other
    piece of glass, stun gun or taser or any other dangerous or
    deadly weapon or instrument of like character; or
        (3) Carries on or about his person or in any vehicle, a
    tear gas gun projector or bomb or any object containing
    noxious liquid gas or substance, other than an object
    containing a non-lethal noxious liquid gas or substance
    designed solely for personal defense carried by a person 18
    years of age or older; or
        (4) Carries or possesses in any vehicle or concealed on
    or about his person except when on his land or in his own
    abode or fixed place of business any pistol, revolver, stun
    gun or taser or other firearm, except that this subsection
    (a) (4) does not apply to or affect transportation of
    weapons that meet one of the following conditions:
            (i) are broken down in a non-functioning state; or
            (ii) are not immediately accessible; or
            (iii) are unloaded and enclosed in a case, firearm
        carrying box, shipping box, or other container by a
        person who has been issued a currently valid Firearm
        Owner's Identification Card; or
        (5) Sets a spring gun; or
        (6) Possesses any device or attachment of any kind
    designed, used or intended for use in silencing the report
    of any firearm; or
        (7) Sells, manufactures, purchases, possesses or
    carries:
            (i) a machine gun, which shall be defined for the
        purposes of this subsection as any weapon, which
        shoots, is designed to shoot, or can be readily
        restored to shoot, automatically more than one shot
        without manually reloading by a single function of the
        trigger, including the frame or receiver of any such
        weapon, or sells, manufactures, purchases, possesses,
        or carries any combination of parts designed or
        intended for use in converting any weapon into a
        machine gun, or any combination or parts from which a
        machine gun can be assembled if such parts are in the
        possession or under the control of a person;
            (ii) any rifle having one or more barrels less than
        16 inches in length or a shotgun having one or more
        barrels less than 18 inches in length or any weapon
        made from a rifle or shotgun, whether by alteration,
        modification, or otherwise, if such a weapon as
        modified has an overall length of less than 26 inches;
        or
            (iii) any bomb, bomb-shell, grenade, bottle or
        other container containing an explosive substance of
        over one-quarter ounce for like purposes, such as, but
        not limited to, black powder bombs and Molotov
        cocktails or artillery projectiles; or
        (8) Carries or possesses any firearm, stun gun or taser
    or other deadly weapon in any place which is licensed to
    sell intoxicating beverages, or at any public gathering
    held pursuant to a license issued by any governmental body
    or any public gathering at which an admission is charged,
    excluding a place where a showing, demonstration or lecture
    involving the exhibition of unloaded firearms is
    conducted.
        This subsection (a)(8) does not apply to any auction or
    raffle of a firearm held pursuant to a license or permit
    issued by a governmental body, nor does it apply to persons
    engaged in firearm safety training courses; or
        (9) Carries or possesses in a vehicle or on or about
    his person any pistol, revolver, stun gun or taser or
    firearm or ballistic knife, when he is hooded, robed or
    masked in such manner as to conceal his identity; or
        (10) Carries or possesses on or about his person, upon
    any public street, alley, or other public lands within the
    corporate limits of a city, village or incorporated town,
    except when an invitee thereon or therein, for the purpose
    of the display of such weapon or the lawful commerce in
    weapons, or except when on his land or in his own abode or
    fixed place of business, any pistol, revolver, stun gun or
    taser or other firearm, except that this subsection (a)
    (10) does not apply to or affect transportation of weapons
    that meet one of the following conditions:
            (i) are broken down in a non-functioning state; or
            (ii) are not immediately accessible; or
            (iii) are unloaded and enclosed in a case, firearm
        carrying box, shipping box, or other container by a
        person who has been issued a currently valid Firearm
        Owner's Identification Card.
        A "stun gun or taser", as used in this paragraph (a)
    means (i) any device which is powered by electrical
    charging units, such as, batteries, and which fires one or
    several barbs attached to a length of wire and which, upon
    hitting a human, can send out a current capable of
    disrupting the person's nervous system in such a manner as
    to render him incapable of normal functioning or (ii) any
    device which is powered by electrical charging units, such
    as batteries, and which, upon contact with a human or
    clothing worn by a human, can send out current capable of
    disrupting the person's nervous system in such a manner as
    to render him incapable of normal functioning; or
        (11) Sells, manufactures or purchases any explosive
    bullet. For purposes of this paragraph (a) "explosive
    bullet" means the projectile portion of an ammunition
    cartridge which contains or carries an explosive charge
    which will explode upon contact with the flesh of a human
    or an animal. "Cartridge" means a tubular metal case having
    a projectile affixed at the front thereof and a cap or
    primer at the rear end thereof, with the propellant
    contained in such tube between the projectile and the cap;
    or
        (12) (Blank); or
        (13) Carries or possesses on or about his or her person
    while in a building occupied by a unit of government, a
    billy club, other weapon of like character, or other
    instrument of like character intended for use as a weapon.
    For the purposes of this Section, "billy club" means a
    short stick or club commonly carried by police officers
    which is either telescopic or constructed of a solid piece
    of wood or other man-made material.
    (b) Sentence. A person convicted of a violation of
subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
Class A misdemeanor. A person convicted of a violation of
subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
person convicted of a violation of subsection 24-1(a)(6) or
24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
convicted of a violation of subsection 24-1(a)(7)(i) commits a
Class 2 felony and shall be sentenced to a term of imprisonment
of not less than 3 years and not more than 7 years, unless the
weapon is possessed in the passenger compartment of a motor
vehicle as defined in Section 1-146 of the Illinois Vehicle
Code, or on the person, while the weapon is loaded, in which
case it shall be a Class X felony. A person convicted of a
second or subsequent violation of subsection 24-1(a)(4),
24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
felony. The possession of each weapon in violation of this
Section constitutes a single and separate violation.
    (c) Violations in specific places.
        (1) A person who violates subsection 24-1(a)(6) or
    24-1(a)(7) in any school, regardless of the time of day or
    the time of year, in residential property owned, operated
    or managed by a public housing agency or leased by a public
    housing agency as part of a scattered site or mixed-income
    development, in a public park, in a courthouse, on the real
    property comprising any school, regardless of the time of
    day or the time of year, on residential property owned,
    operated or managed by a public housing agency or leased by
    a public housing agency as part of a scattered site or
    mixed-income development, on the real property comprising
    any public park, on the real property comprising any
    courthouse, in any conveyance owned, leased or contracted
    by a school to transport students to or from school or a
    school related activity, or on any public way within 1,000
    feet of the real property comprising any school, public
    park, courthouse, or residential property owned, operated,
    or managed by a public housing agency or leased by a public
    housing agency as part of a scattered site or mixed-income
    development commits a Class 2 felony and shall be sentenced
    to a term of imprisonment of not less than 3 years and not
    more than 7 years.
        (1.5) A person who violates subsection 24-1(a)(4),
    24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
    time of day or the time of year, in residential property
    owned, operated, or managed by a public housing agency or
    leased by a public housing agency as part of a scattered
    site or mixed-income development, in a public park, in a
    courthouse, on the real property comprising any school,
    regardless of the time of day or the time of year, on
    residential property owned, operated, or managed by a
    public housing agency or leased by a public housing agency
    as part of a scattered site or mixed-income development, on
    the real property comprising any public park, on the real
    property comprising any courthouse, in any conveyance
    owned, leased, or contracted by a school to transport
    students to or from school or a school related activity, or
    on any public way within 1,000 feet of the real property
    comprising any school, public park, courthouse, or
    residential property owned, operated, or managed by a
    public housing agency or leased by a public housing agency
    as part of a scattered site or mixed-income development
    commits a Class 3 felony.
        (2) A person who violates subsection 24-1(a)(1),
    24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
    time of day or the time of year, in residential property
    owned, operated or managed by a public housing agency or
    leased by a public housing agency as part of a scattered
    site or mixed-income development, in a public park, in a
    courthouse, on the real property comprising any school,
    regardless of the time of day or the time of year, on
    residential property owned, operated or managed by a public
    housing agency or leased by a public housing agency as part
    of a scattered site or mixed-income development, on the
    real property comprising any public park, on the real
    property comprising any courthouse, in any conveyance
    owned, leased or contracted by a school to transport
    students to or from school or a school related activity, or
    on any public way within 1,000 feet of the real property
    comprising any school, public park, courthouse, or
    residential property owned, operated, or managed by a
    public housing agency or leased by a public housing agency
    as part of a scattered site or mixed-income development
    commits a Class 4 felony. "Courthouse" means any building
    that is used by the Circuit, Appellate, or Supreme Court of
    this State for the conduct of official business.
        (3) Paragraphs (1), (1.5), and (2) of this subsection
    (c) shall not apply to law enforcement officers or security
    officers of such school, college, or university or to
    students carrying or possessing firearms for use in
    training courses, parades, hunting, target shooting on
    school ranges, or otherwise with the consent of school
    authorities and which firearms are transported unloaded
    enclosed in a suitable case, box, or transportation
    package.
        (4) For the purposes of this subsection (c), "school"
    means any public or private elementary or secondary school,
    community college, college, or university.
    (d) The presence in an automobile other than a public
omnibus of any weapon, instrument or substance referred to in
subsection (a)(7) is prima facie evidence that it is in the
possession of, and is being carried by, all persons occupying
such automobile at the time such weapon, instrument or
substance is found, except under the following circumstances:
(i) if such weapon, instrument or instrumentality is found upon
the person of one of the occupants therein; or (ii) if such
weapon, instrument or substance is found in an automobile
operated for hire by a duly licensed driver in the due, lawful
and proper pursuit of his trade, then such presumption shall
not apply to the driver.
    (e) Exemptions. Crossbows, Common or Compound bows and
Underwater Spearguns are exempted from the definition of
ballistic knife as defined in paragraph (1) of subsection (a)
of this Section.
(Source: P.A. 94-72, eff. 1-1-06; 94-284, eff. 7-21-05; 95-331,
eff. 8-21-07; 95-809, eff. 1-1-09; 95-885, eff. 1-1-09; revised
9-5-08.)
 
    (720 ILCS 5/31-6)  (from Ch. 38, par. 31-6)
    Sec. 31-6. Escape; failure to report to a penal institution
or to report for periodic imprisonment.
    (a) A person convicted of a felony, adjudicated a
delinquent minor for the commission of a felony offense under
the Juvenile Court Act of 1987, or charged with the commission
of a felony, or charged with or adjudicated delinquent for an
act which, if committed by an adult, would constitute a felony,
who intentionally escapes from any penal institution or from
the custody of an employee of that institution commits a Class
2 felony; however, a person convicted of a felony, or
adjudicated delinquent for an act which, if committed by an
adult, would constitute a felony, or adjudicated a delinquent
minor for the commission of a felony offense under the Juvenile
Court Act of 1987 who knowingly fails to report to a penal
institution or to report for periodic imprisonment at any time
or knowingly fails to return from furlough or from work and day
release or who knowingly fails to abide by the terms of home
confinement is guilty of a Class 3 felony.
    (b) A person convicted of a misdemeanor, adjudicated a
delinquent minor for the commission of a misdemeanor offense
under the Juvenile Court Act of 1987, or charged with the
commission of a misdemeanor, or charged with or adjudicated
delinquent for an act which, if committed by an adult, would
constitute a misdemeanor, who intentionally escapes from any
penal institution or from the custody of an employee of that
institution commits a Class A misdemeanor; however, a person
convicted of a misdemeanor, or adjudicated delinquent for an
act which, if committed by an adult, would constitute a
misdemeanor, or adjudicated a delinquent minor for the
commission of a misdemeanor offense under the Juvenile Court
Act of 1987 who knowingly fails to report to a penal
institution or to report for periodic imprisonment at any time
or knowingly fails to return from furlough or from work and day
release or who knowingly fails to abide by the terms of home
confinement is guilty of a Class B misdemeanor.
    (b-1) A person committed to the Department of Human
Services under the provisions of the Sexually Violent Persons
Commitment Act or in detention with the Department of Human
Services awaiting such a commitment who intentionally escapes
from any secure residential facility or from the custody of an
employee of that facility commits a Class 2 felony.
    (c) A person in the lawful custody of a peace officer for
the alleged commission of a felony offense or an act which, if
committed by an adult, would constitute a felony, and who
intentionally escapes from custody commits a Class 2 felony;
however, a person in the lawful custody of a peace officer for
the alleged commission of a misdemeanor offense or an act
which, if committed by an adult, would constitute a
misdemeanor, who intentionally escapes from custody commits a
Class A misdemeanor.
    (c-5) A person in the lawful custody of a peace officer for
an alleged violation of a term or condition of probation,
conditional discharge, parole, or mandatory supervised release
for a felony or an act which, if committed by an adult, would
constitute a felony, who intentionally escapes from custody is
guilty of a Class 2 felony.
    (c-6) A person in the lawful custody of a peace officer for
an alleged violation of a term or condition of supervision,
probation, or conditional discharge for a misdemeanor or an act
which, if committed by an adult, would constitute a
misdemeanor, who intentionally escapes from custody is guilty
of a Class A misdemeanor.
    (d) A person who violates this Section while armed with a
dangerous weapon commits a Class 1 felony.
(Source: P.A. 95-839, eff. 8-15-08; 95-921, eff. 1-1-09;
revised 9-25-08.)
 
    (720 ILCS 5/31-7)  (from Ch. 38, par. 31-7)
    Sec. 31-7. Aiding escape.
    (a) Whoever, with intent to aid any prisoner in escaping
from any penal institution, conveys into the institution or
transfers to the prisoner anything for use in escaping commits
a Class A misdemeanor.
    (b) Whoever knowingly aids a person convicted of a felony,
adjudicated a delinquent minor for the commission of a felony
offense under the Juvenile Court Act of 1987, or charged with
the commission of a felony, or charged with or adjudicated
delinquent for an act which, if committed by an adult, would
constitute a felony, in escaping from any penal institution or
from the custody of any employee of that institution commits a
Class 2 felony; however, whoever knowingly aids a person
convicted of a felony, adjudicated a delinquent minor for the
commission of a felony offense under the Juvenile Court Act of
1987, or charged with the commission of a felony, or charged
with or adjudicated delinquent for an act which, if committed
by an adult, would constitute a felony, in failing to return
from furlough or from work and day release is guilty of a Class
3 felony.
    (c) Whoever knowingly aids a person convicted of a
misdemeanor, adjudicated a delinquent minor for the commission
of a misdemeanor offense under the Juvenile Court Act of 1987,
or charged with the commission of a misdemeanor, or charged
with or adjudicated delinquent for an act which, if committed
by an adult, would constitute a misdemeanor, in escaping from
any penal institution or from the custody of an employee of
that institution commits a Class A misdemeanor; however,
whoever knowingly aids a person convicted of a misdemeanor,
adjudicated a delinquent minor for the commission of a
misdemeanor offense under the Juvenile Court Act of 1987, or
charged with the commission of a misdemeanor, or charged with
or adjudicated delinquent for an act which, if committed by an
adult, would constitute a misdemeanor, in failing to return
from furlough or from work and day release is guilty of a Class
B misdemeanor.
    (d) Whoever knowingly aids a person in escaping from any
public institution, other than a penal institution, in which he
is lawfully detained, or from the custody of an employee of
that institution, commits a Class A misdemeanor.
    (e) Whoever knowingly aids a person in the lawful custody
of a peace officer for the alleged commission of a felony
offense or an act which, if committed by an adult, would
constitute a felony, in escaping from custody commits a Class 2
felony; however, whoever knowingly aids a person in the lawful
custody of a peace officer for the alleged commission of a
misdemeanor offense or an act which, if committed by an adult,
would constitute a misdemeanor, in escaping from custody
commits a Class A misdemeanor.
    (f) An officer or employee of any penal institution who
recklessly permits any prisoner in his custody to escape
commits a Class A misdemeanor.
    (f-5) With respect to a person in the lawful custody of a
peace officer for an alleged violation of a term or condition
of probation, conditional discharge, parole, or mandatory
supervised release for a felony, whoever intentionally aids
that person to escape from that custody is guilty of a Class 2
felony.
    (f-6) With respect to a person who is in the lawful custody
of a peace officer for an alleged violation of a term or
condition of supervision, probation, or conditional discharge
for a misdemeanor, whoever intentionally aids that person to
escape from that custody is guilty of a Class A misdemeanor.
    (g) A person who violates this Section while armed with a
dangerous weapon commits a Class 2 felony.
(Source: P.A. 95-839, eff. 8-15-08; 95-921, eff. 1-1-09;
revised 9-25-08.)
 
    (720 ILCS 5/31A-1.2)  (from Ch. 38, par. 31A-1.2)
    Sec. 31A-1.2. Unauthorized bringing of contraband into a
penal institution by an employee; unauthorized possessing of
contraband in a penal institution by an employee; unauthorized
delivery of contraband in a penal institution by an employee.
    (a) A person commits the offense of unauthorized bringing
of contraband into a penal institution by an employee when a
person who is an employee knowingly and without authority of or
any person designated or authorized to grant such authority:
        (1) brings or attempts to bring an item of contraband
    listed in subsection (d)(4) into a penal institution, or
        (2) causes or permits another to bring an item of
    contraband listed in subsection (d)(4) into a penal
    institution.
    (b) A person commits the offense of unauthorized possession
of contraband in a penal institution by an employee when a
person who is an employee knowingly and without authority of
any person designated or authorized to grant such authority
possesses contraband listed in subsection (d)(4) in a penal
institution, regardless of the intent with which he possesses
it.
    (c) A person commits the offense of unauthorized delivery
of contraband in a penal institution by an employee when a
person who is an employee knowingly and without authority of
any person designated or authorized to grant such authority:
        (1) delivers or possesses with intent to deliver an
    item of contraband to any inmate of a penal institution, or
        (2) conspires to deliver or solicits the delivery of an
    item of contraband to any inmate of a penal institution, or
        (3) causes or permits the delivery of an item of
    contraband to any inmate of a penal institution, or
        (4) permits another person to attempt to deliver an
    item of contraband to any inmate of a penal institution.
    (d) For purpose of this Section, the words and phrases
listed below shall be defined as follows:
        (1) "Penal Institution" shall have the meaning
    ascribed to it in subsection (c)(1) of Section 31A-1.1 of
    this Code;
        (2) "Employee" means any elected or appointed officer,
    trustee or employee of a penal institution or of the
    governing authority of the penal institution, or any person
    who performs services for the penal institution pursuant to
    contract with the penal institution or its governing
    authority.
        (3) "Deliver" or "delivery" means the actual,
    constructive or attempted transfer of possession of an item
    of contraband, with or without consideration, whether or
    not there is an agency relationship;
        (4) "Item of contraband" means any of the following:
            (i) "Alcoholic liquor" as such term is defined in
        Section 1-3.05 of the Liquor Control Act of 1934.
            (ii) "Cannabis" as such term is defined in
        subsection (a) of Section 3 of the Cannabis Control
        Act.
            (iii) "Controlled substance" as such term is
        defined in the Illinois Controlled Substances Act.
            (iii-a) "Methamphetamine" as such term is defined
        in the Illinois Controlled Substances Act or the
        Methamphetamine Control and Community Protection Act.
            (iv) "Hypodermic syringe" or hypodermic needle, or
        any instrument adapted for use of controlled
        substances or cannabis by subcutaneous injection.
            (v) "Weapon" means any knife, dagger, dirk, billy,
        razor, stiletto, broken bottle, or other piece of glass
        which could be used as a dangerous weapon. Such term
        includes any of the devices or implements designated in
        subsections (a)(1), (a)(3) and (a)(6) of Section 24-1
        of this Act, or any other dangerous weapon or
        instrument of like character.
            (vi) "Firearm" means any device, by whatever name
        known, which is designed to expel a projectile or
        projectiles by the action of an explosion, expansion of
        gas or escape of gas, including but not limited to:
                (A) any pneumatic gun, spring gun, or B-B gun
            which expels a single globular projectile not
            exceeding .18 inch in diameter; or
                (B) any device used exclusively for signaling
            or safety and required or recommended by the United
            States Coast Guard or the Interstate Commerce
            Commission; or
                (C) any device used exclusively for the firing
            of stud cartridges, explosive rivets or industrial
            ammunition; or
                (D) any device which is powered by electrical
            charging units, such as batteries, and which fires
            one or several barbs attached to a length of wire
            and which, upon hitting a human, can send out
            current capable of disrupting the person's nervous
            system in such a manner as to render him incapable
            of normal functioning, commonly referred to as a
            stun gun or taser.
            (vii) "Firearm ammunition" means any
        self-contained cartridge or shotgun shell, by whatever
        name known, which is designed to be used or adaptable
        to use in a firearm, including but not limited to:
                (A) any ammunition exclusively designed for
            use with a device used exclusively for signaling or
            safety and required or recommended by the United
            States Coast Guard or the Interstate Commerce
            Commission; or
                (B) any ammunition designed exclusively for
            use with a stud or rivet driver or other similar
            industrial ammunition.
            (viii) "Explosive" means, but is not limited to,
        bomb, bombshell, grenade, bottle or other container
        containing an explosive substance of over one-quarter
        ounce for like purposes such as black powder bombs and
        Molotov cocktails or artillery projectiles.
            (ix) "Tool to defeat security mechanisms" means,
        but is not limited to, handcuff or security restraint
        key, tool designed to pick locks, or device or
        instrument capable of unlocking handcuff or security
        restraints, doors to cells, rooms, gates or other areas
        of the penal institution.
            (x) "Cutting tool" means, but is not limited to,
        hacksaw blade, wirecutter, or device, instrument or
        file capable of cutting through metal.
            (xi) "Electronic contraband" means, but is not
        limited to, any electronic, video recording device,
        computer, or cellular communications equipment,
        including, but not limited to, cellular telephones,
        cellular telephone batteries, videotape recorders,
        pagers, computers, and computer peripheral equipment.
    For a violation of subsection (a) or (b) involving a
cellular telephone or cellular telephone battery, the
defendant must intend to provide the cellular telephone or
cellular telephone battery to any inmate in a penal
institution, or to use the cellular telephone or cellular
telephone battery at the direction of an inmate or for the
benefit of any inmate of a penal institution.
    (e) A violation of paragraphs (a) or (b) of this Section
involving alcohol is a Class 4 felony. A violation of paragraph
(a) or (b) of this Section involving cannabis is a Class 2
felony. A violation of paragraph (a) or (b) involving any
amount of a controlled substance classified in Schedules III,
IV or V of Article II of the Illinois Controlled Substances Act
is a Class 1 felony. A violation of paragraph (a) or (b) of
this Section involving any amount of a controlled substance
classified in Schedules I or II of Article II of the Illinois
Controlled Substances Act is a Class X felony. A violation of
paragraph (a) or (b) involving an item of contraband listed in
paragraph (iv) of subsection (d)(4) is a Class X felony. A
violation of paragraph (a) or (b) involving an item of
contraband listed in paragraph (v) or (xi) of subsection (d)(4)
is a Class 1 felony. A violation of paragraph (a) or (b)
involving an item of contraband listed in paragraphs (vi),
(vii) or (viii) of subsection (d)(4) is a Class X felony.
    (f) A violation of paragraph (c) of this Section involving
alcoholic liquor is a Class 3 felony. A violation of paragraph
(c) involving cannabis is a Class 1 felony. A violation of
paragraph (c) involving any amount of a controlled substance
classified in Schedules III, IV or V of Article II of the
Illinois Controlled Substances Act is a Class X felony. A
violation of paragraph (c) involving any amount of a controlled
substance classified in Schedules I or II of Article II of the
Illinois Controlled Substances Act is a Class X felony for
which the minimum term of imprisonment shall be 8 years. A
violation of paragraph (c) involving an item of contraband
listed in paragraph (iv) of subsection (d)(4) is a Class X
felony for which the minimum term of imprisonment shall be 8
years. A violation of paragraph (c) involving an item of
contraband listed in paragraph (v), (ix) or (x) of subsection
(d)(4) is a Class X felony for which the minimum term of
imprisonment shall be 10 years. A violation of paragraph (c)
involving an item of contraband listed in paragraphs (vi),
(vii) or (viii) of subsection (d)(4) is a Class X felony for
which the minimum term of imprisonment shall be 12 years.
    (g) Items confiscated may be retained for use by the
Department of Corrections or disposed of as deemed appropriate
by the Chief Administrative Officer in accordance with
Department rules or disposed of as required by law.
    (h) For a violation of subsection (a) or (b) involving
items described in clause (i), (v), (vi), (vii), (ix), (x), or
(xi) of paragraph (4) of subsection (d), such items shall not
be considered to be in a penal institution when they are
secured in an employee's locked, private motor vehicle parked
on the grounds of a penal institution.
(Source: P.A. 94-556, eff. 9-11-05; 94-1017, eff. 7-7-06;
95-962, eff. 1-1-09; revised 10-23-08.)
 
    Section 335. The Harassing and Obscene Communications Act
is amended by changing Section 1-2 as follows:
 
    (720 ILCS 135/1-2)
    (Text of Section before amendment by P.A. 95-984)
    Sec. 1-2. Harassment through electronic communications.
    (a) Harassment through electronic communications is the
use of electronic communication for any of the following
purposes:
        (1) Making any comment, request, suggestion or
    proposal which is obscene with an intent to offend;
        (2) Interrupting, with the intent to harass, the
    telephone service or the electronic communication service
    of any person;
        (3) Transmitting to any person, with the intent to
    harass and regardless of whether the communication is read
    in its entirety or at all, any file, document, or other
    communication which prevents that person from using his or
    her telephone service or electronic communications device;
        (3.1) Transmitting an electronic communication or
    knowingly inducing a person to transmit an electronic
    communication for the purpose of harassing another person
    who is under 13 years of age, regardless of whether the
    person under 13 years of age consents to the harassment, if
    the defendant is at least 16 years of age at the time of
    the commission of the offense;
        (4) Threatening injury to the person or to the property
    of the person to whom an electronic communication is
    directed or to any of his or her family or household
    members; or
        (5) Knowingly permitting any electronic communications
    device to be used for any of the purposes mentioned in this
    subsection (a).
    (b) As used in this Act:
        (1) "Electronic communication" means any transfer of
    signs, signals, writings, images, sounds, data or
    intelligence of any nature transmitted in whole or in part
    by a wire, radio, electromagnetic, photoelectric or
    photo-optical system. "Electronic communication" includes
    transmissions by a computer through the Internet to another
    computer.
        (2) "Family or household member" includes spouses,
    former spouses, parents, children, stepchildren and other
    persons related by blood or by present or prior marriage,
    persons who share or formerly shared a common dwelling,
    persons who have or allegedly share a blood relationship
    through a child, persons who have or have had a dating or
    engagement relationship, and persons with disabilities and
    their personal assistants. For purposes of this Act,
    neither a casual acquaintanceship nor ordinary
    fraternization between 2 individuals in business or social
    contexts shall be deemed to constitute a dating
    relationship.
    (c) Telecommunications carriers, commercial mobile service
providers, and providers of information services, including,
but not limited to, Internet service providers and hosting
service providers, are not liable under this Section, except
for willful and wanton misconduct, by virtue of the
transmission, storage, or caching of electronic communications
or messages of others or by virtue of the provision of other
related telecommunications, commercial mobile services, or
information services used by others in violation of this
Section.
(Source: P.A. 90-578, eff. 6-1-98; 91-878, eff. 1-1-01; 95-849,
eff. 1-1-09.)
 
    (Text of Section after amendment by P.A. 95-984)
    Sec. 1-2. Harassment through electronic communications.
    (a) Harassment through electronic communications is the
use of electronic communication for any of the following
purposes:
        (1) Making any comment, request, suggestion or
    proposal which is obscene with an intent to offend;
        (2) Interrupting, with the intent to harass, the
    telephone service or the electronic communication service
    of any person;
        (3) Transmitting to any person, with the intent to
    harass and regardless of whether the communication is read
    in its entirety or at all, any file, document, or other
    communication which prevents that person from using his or
    her telephone service or electronic communications device;
        (3.1) Transmitting an electronic communication or
    knowingly inducing a person to transmit an electronic
    communication for the purpose of harassing another person
    who is under 13 years of age, regardless of whether the
    person under 13 years of age consents to the harassment, if
    the defendant is at least 16 years of age at the time of
    the commission of the offense;
        (4) Threatening injury to the person or to the property
    of the person to whom an electronic communication is
    directed or to any of his or her family or household
    members; or
        (5) Knowingly permitting any electronic communications
    device to be used for any of the purposes mentioned in this
    subsection (a).
    (a-5) Telecommunications carriers, commercial mobile
service providers, and providers of information services,
including, but not limited to, Internet service providers and
hosting service providers, are not liable under this Section,
except for willful and wanton misconduct, by virtue of the
transmission, storage, or caching of electronic communications
or messages of others or by virtue of the provision of other
related telecommunications, commercial mobile services, or
information services used by others in violation of this
Section.
    (b) As used in this Act:
        (1) "Electronic communication" means any transfer of
    signs, signals, writings, images, sounds, data or
    intelligence of any nature transmitted in whole or in part
    by a wire, radio, electromagnetic, photoelectric or
    photo-optical system. "Electronic communication" includes
    transmissions by a computer through the Internet to another
    computer.
        (2) "Family or household member" includes spouses,
    former spouses, parents, children, stepchildren and other
    persons related by blood or by present or prior marriage,
    persons who share or formerly shared a common dwelling,
    persons who have or allegedly share a blood relationship
    through a child, persons who have or have had a dating or
    engagement relationship, and persons with disabilities and
    their personal assistants. For purposes of this Act,
    neither a casual acquaintanceship nor ordinary
    fraternization between 2 individuals in business or social
    contexts shall be deemed to constitute a dating
    relationship.
    (c) Telecommunications carriers, commercial mobile service
providers, and providers of information services, including,
but not limited to, Internet service providers and hosting
service providers, are not liable under this Section, except
for willful and wanton misconduct, by virtue of the
transmission, storage, or caching of electronic communications
or messages of others or by virtue of the provision of other
related telecommunications, commercial mobile services, or
information services used by others in violation of this
Section.
(Source: P.A. 90-578, eff. 6-1-98; 91-878, eff. 1-1-01; 95-849,
eff. 1-1-09; 95-984, eff. 6-1-09; revised 10-20-08.)
 
    Section 340. The Illinois Controlled Substances Act is
amended by changing Sections 208 and 508 as follows:
 
    (720 ILCS 570/208)  (from Ch. 56 1/2, par. 1208)
    Sec. 208. (a) The controlled substances listed in this
Section are included in Schedule III.
    (b) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous
system, including its salts, isomers (whether optical
position, or geometric), and salts of such isomers whenever the
existence of such salts, isomers, and salts of isomers is
possible within the specific chemical designation;
        (1) Those compounds, mixtures, or preparations in
    dosage unit form containing any stimulant substances
    listed in Schedule II which compounds, mixtures, or
    preparations were listed on August 25, 1971, as excepted
    compounds under Title 21, Code of Federal Regulations,
    Section 308.32, and any other drug of the quantitative
    composition shown in that list for those drugs or which is
    the same except that it contains a lesser quantity of
    controlled substances;
        (2) Benzphetamine;
        (3) Chlorphentermine;
        (4) Clortermine;
        (5) Phendimetrazine.
    (c) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation which contains any quantity of the following
substances having a potential for abuse associated with a
depressant effect on the central nervous system:
        (1) Any compound, mixture, or preparation containing
    amobarbital, secobarbital, pentobarbital or any salt
    thereof and one or more other active medicinal ingredients
    which are not listed in any schedule;
        (2) Any suppository dosage form containing
    amobarbital, secobarbital, pentobarbital or any salt of
    any of these drugs and approved by the Federal Food and
    Drug Administration for marketing only as a suppository;
        (3) Any substance which contains any quantity of a
    derivative of barbituric acid, or any salt thereof:
        (4) Chlorhexadol;
        (5) Methyprylon;
        (6) Sulfondiethylmethane;
        (7) Sulfonethylmethane;
        (8) Sulfonmethane;
        (9) Lysergic acid;
        (10) Lysergic acid amide;
        (10.1) Tiletamine or zolazepam or both, or any salt of
    either of them.
    Some trade or other names for a tiletamine-zolazepam
    combination product: Telazol.
    Some trade or other names for Tiletamine:
    2-(ethylamino)-2-(2-thienyl)-cyclohexanone.
    Some trade or other names for zolazepam:
    4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-
    [3,4-e], [1,4]-diazepin-7(1H)-one, and flupyrazapon.
        (11) Any material, compound, mixture or preparation
    containing not more than 12.5 milligrams of pentazocine or
    any of its salts, per 325 milligrams of aspirin;
        (12) Any material, compound, mixture or preparation
    containing not more than 12.5 milligrams of pentazocine or
    any of its salts, per 325 milligrams of acetaminophen;
        (13) Any material, compound, mixture or preparation
    containing not more than 50 milligrams of pentazocine or
    any of its salts plus naloxone HCl USP 0.5 milligrams, per
    dosage unit;
        (14) Ketamine.
    (d) Nalorphine.
    (e) Unless specifically excepted or unless listed in
another schedule, any material, compound, mixture, or
preparation containing limited quantities of any of the
following narcotic drugs, or their salts calculated as the free
anhydrous base or alkaloid, as set forth below:
        (1) not more than 1.8 grams of codeine per 100
    milliliters or not more than 90 milligrams per dosage unit,
    with an equal or greater quantity of an isoquinoline
    alkaloid of opium;
        (2) not more than 1.8 grams of codeine per 100
    milliliters or not more than 90 milligrams per dosage unit,
    with one or more active non-narcotic ingredients in
    recognized therapeutic amounts;
        (3) not more than 300 milligrams of dihydrocodeinone
    per 100 milliliters or not more than 15 milligrams per
    dosage unit, with a fourfold or greater quantity of an
    isoquinoline alkaloid of opium;
        (4) not more than 300 milligrams of dihydrocodeinone
    per 100 milliliters or not more than 15 milligrams per
    dosage unit, with one or more active, non-narcotic
    ingredients in recognized therapeutic amounts;
        (5) not more than 1.8 grams of dihydrocodeine per 100
    milliliters or not more than 90 milligrams per dosage unit,
    with one or more active, non-narcotic ingredients in
    recognized therapeutic amounts;
        (6) not more than 300 milligrams of ethylmorphine per
    100 milliliters or not more than 15 milligrams per dosage
    unit, with one or more active, non-narcotic ingredients in
    recognized therapeutic amounts;
        (7) not more than 500 milligrams of opium per 100
    milliliters or per 100 grams, or not more than 25
    milligrams per dosage unit, with one or more active,
    non-narcotic ingredients in recognized therapeutic
    amounts;
        (8) not more than 50 milligrams of morphine per 100
    milliliters or per 100 grams with one or more active,
    non-narcotic ingredients in recognized therapeutic
    amounts.
    (f) Anabolic steroids, except the following anabolic
steroids that are exempt:
        (1) Androgyn L.A.;
        (2) Andro-Estro 90-4;
        (3) depANDROGYN;
        (4) DEPO-T.E.;
        (5) depTESTROGEN;
        (6) Duomone;
        (7) DURATESTRIN;
        (8) DUO-SPAN II;
        (9) Estratest;
        (10) Estratest H.S.;
        (11) PAN ESTRA TEST;
        (12) Premarin with Methyltestosterone;
        (13) TEST-ESTRO Cypionates;
        (14) Testosterone Cyp 50 Estradiol Cyp 2;
        (15) Testosterone Cypionate-Estradiol Cypionate
    injection; and
        (16) Testosterone Enanthate-Estradiol Valerate
    injection.
    (g) Hallucinogenic Hallucenogenic substances.
        (1) Dronabinol (synthetic) in sesame oil and
    encapsulated in a soft gelatin capsule in a U.S. Food and
    Drug Administration approved product. Some other names for
    dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-
    6,6,9-trimetjyl-3-pentyl-6H-debenzo (b,d) pyran-1-ol) or
    (-)-delta-9-(trans)-tetrahydrocannibinol.
        (2) (Reserved).
    (h) The Department may except by rule any compound,
mixture, or preparation containing any stimulant or depressant
substance listed in subsection (b) from the application of all
or any part of this Act if the compound, mixture, or
preparation contains one or more active medicinal ingredients
not having a stimulant or depressant effect on the central
nervous system, and if the admixtures are included therein in
combinations, quantity, proportion, or concentration that
vitiate the potential for abuse of the substances which have a
stimulant or depressant effect on the central nervous system.
(Source: P.A. 90-382, eff. 8-15-97; 91-714, eff. 6-2-00;
revised 10-28-08.)
 
    (720 ILCS 570/508)  (from Ch. 56 1/2, par. 1508)
    Sec. 508. (a) The Department shall encourage research on
controlled substances. In connection with the research, and in
furtherance of the purposes of this Act, the Department may:
        (1) establish methods to assess accurately the effect
    of controlled substances and identify and characterize
    those with potential for abuse;
        (2) make studies and undertake programs of research to:
            (i) develop new or improved approaches,
        techniques, systems, equipment and devices to
        strengthen the enforcement of this Act;
            (ii) determine patterns of use, misuse, and abuse
        of controlled substances and their social effects; and
            (iii) improve methods for preventing, predicting,
        understanding, and dealing with the use, misuse and
        abuse of controlled substances; and
        (3) enter into contracts with public agencies,
    educational institutions, and private organizations or
    individuals for the purpose of conducting research,
    demonstrations, or special projects which relate to the
    use, misuse and abuse of controlled substances.
    (b) Persons authorized to engage in research may be
authorized by the Department to protect the privacy of
individuals who are the subjects of such research by
withholding from all persons not connected with the conduct of
the research the names and other identifying characteristics of
such individuals. Persons who are given this authorization
shall not be compelled in any civil, criminal, administrative,
legislative or other proceeding to identify the individuals who
are the subjects of research for which the authorization was
granted, except to the extent necessary to permit the
Department to determine whether the research is being conducted
in accordance with the authorization.
    (c) The Department may authorize the possession and
dispensing of controlled substances by persons engaged in
research, upon such terms and conditions as may be consistent
with the public health and safety. The Department may also
approve research and treatment programs involving the
administration of Methadone. The use of Methadone, or any
similar controlled substance by any person is prohibited in
this State except as approved and authorized by the Department
in accordance with its rules and regulations. To the extent of
the applicable authorization, persons are exempt from
prosecution in this State for possession, manufacture or
delivery of controlled substances.
    (d) Practitioners registered under Federal law to conduct
research with Schedule I substances may conduct research with
Schedule I substances within this State upon furnishing
evidence of that Federal registration and notification of the
scope and purpose of such research to the Department.
(Source: P.A. 83-969; revised 10-23-08.)
 
    Section 345. The Rights of Crime Victims and Witnesses Act
is amended by changing Section 4.5 as follows:
 
    (725 ILCS 120/4.5)
    Sec. 4.5. Procedures to implement the rights of crime
victims. To afford crime victims their rights, law enforcement,
prosecutors, judges and corrections will provide information,
as appropriate of the following procedures:
    (a) At the request of the crime victim, law enforcement
authorities investigating the case shall provide notice of the
status of the investigation, except where the State's Attorney
determines that disclosure of such information would
unreasonably interfere with the investigation, until such time
as the alleged assailant is apprehended or the investigation is
closed.
    (b) The office of the State's Attorney:
        (1) shall provide notice of the filing of information,
    the return of an indictment by which a prosecution for any
    violent crime is commenced, or the filing of a petition to
    adjudicate a minor as a delinquent for a violent crime;
        (2) shall provide notice of the date, time, and place
    of trial;
        (3) or victim advocate personnel shall provide
    information of social services and financial assistance
    available for victims of crime, including information of
    how to apply for these services and assistance;
        (4) shall assist in having any stolen or other personal
    property held by law enforcement authorities for
    evidentiary or other purposes returned as expeditiously as
    possible, pursuant to the procedures set out in Section
    115-9 of the Code of Criminal Procedure of 1963;
        (5) or victim advocate personnel shall provide
    appropriate employer intercession services to ensure that
    employers of victims will cooperate with the criminal
    justice system in order to minimize an employee's loss of
    pay and other benefits resulting from court appearances;
        (6) shall provide information whenever possible, of a
    secure waiting area during court proceedings that does not
    require victims to be in close proximity to defendant or
    juveniles accused of a violent crime, and their families
    and friends;
        (7) shall provide notice to the crime victim of the
    right to have a translator present at all court proceedings
    and, in compliance with the federal Americans with
    Disabilities Act of 1990, the right to communications
    access through a sign language interpreter or by other
    means;
        (8) in the case of the death of a person, which death
    occurred in the same transaction or occurrence in which
    acts occurred for which a defendant is charged with an
    offense, shall notify the spouse, parent, child or sibling
    of the decedent of the date of the trial of the person or
    persons allegedly responsible for the death;
        (9) shall inform the victim of the right to have
    present at all court proceedings, subject to the rules of
    evidence, an advocate or other support person of the
    victim's choice, and the right to retain an attorney, at
    the victim's own expense, who, upon written notice filed
    with the clerk of the court and State's Attorney, is to
    receive copies of all notices, motions and court orders
    filed thereafter in the case, in the same manner as if the
    victim were a named party in the case;
        (10) at the sentencing hearing shall make a good faith
    attempt to explain the minimum amount of time during which
    the defendant may actually be physically imprisoned. The
    Office of the State's Attorney shall further notify the
    crime victim of the right to request from the Prisoner
    Review Board information concerning the release of the
    defendant under subparagraph (d)(1) of this Section;
        (11) shall request restitution at sentencing and shall
    consider restitution in any plea negotiation, as provided
    by law; and
        (12) shall, upon the court entering a verdict of not
    guilty by reason of insanity, inform the victim of the
    notification services available from the Department of
    Human Services, including the statewide telephone number,
    under subparagraph (d)(2) of this Section.
    (c) At the written request of the crime victim, the office
of the State's Attorney shall:
        (1) provide notice a reasonable time in advance of the
    following court proceedings: preliminary hearing, any
    hearing the effect of which may be the release of defendant
    from custody, or to alter the conditions of bond and the
    sentencing hearing. The crime victim shall also be notified
    of the cancellation of the court proceeding in sufficient
    time, wherever possible, to prevent an unnecessary
    appearance in court;
        (2) provide notice within a reasonable time after
    receipt of notice from the custodian, of the release of the
    defendant on bail or personal recognizance or the release
    from detention of a minor who has been detained for a
    violent crime;
        (3) explain in nontechnical language the details of any
    plea or verdict of a defendant, or any adjudication of a
    juvenile as a delinquent for a violent crime;
        (4) where practical, consult with the crime victim
    before the Office of the State's Attorney makes an offer of
    a plea bargain to the defendant or enters into negotiations
    with the defendant concerning a possible plea agreement,
    and shall consider the written victim impact statement, if
    prepared prior to entering into a plea agreement;
        (5) provide notice of the ultimate disposition of the
    cases arising from an indictment or an information, or a
    petition to have a juvenile adjudicated as a delinquent for
    a violent crime;
        (6) provide notice of any appeal taken by the defendant
    and information on how to contact the appropriate agency
    handling the appeal;
        (7) provide notice of any request for post-conviction
    review filed by the defendant under Article 122 of the Code
    of Criminal Procedure of 1963, and of the date, time and
    place of any hearing concerning the petition. Whenever
    possible, notice of the hearing shall be given in advance;
        (8) forward a copy of any statement presented under
    Section 6 to the Prisoner Review Board to be considered by
    the Board in making its determination under subsection (b)
    of Section 3-3-8 of the Unified Code of Corrections.
    (d) (1) The Prisoner Review Board shall inform a victim or
any other concerned citizen, upon written request, of the
prisoner's release on parole, mandatory supervised release,
electronic detention, work release, international transfer or
exchange, or by the custodian of the discharge of any
individual who was adjudicated a delinquent for a violent crime
from State custody and by the sheriff of the appropriate county
of any such person's final discharge from county custody. The
Prisoner Review Board, upon written request, shall provide to a
victim or any other concerned citizen a recent photograph of
any person convicted of a felony, upon his or her release from
custody. The Prisoner Review Board, upon written request, shall
inform a victim or any other concerned citizen when feasible at
least 7 days prior to the prisoner's release on furlough of the
times and dates of such furlough. Upon written request by the
victim or any other concerned citizen, the State's Attorney
shall notify the person once of the times and dates of release
of a prisoner sentenced to periodic imprisonment. Notification
shall be based on the most recent information as to victim's or
other concerned citizen's residence or other location
available to the notifying authority. For purposes of this
paragraph (1) of subsection (d), "concerned citizen" includes
relatives of the victim, friends of the victim, witnesses to
the crime, or any other person associated with the victim or
prisoner.
        (2) When the defendant has been committed to the
    Department of Human Services pursuant to Section 5-2-4 or
    any other provision of the Unified Code of Corrections, the
    victim may request to be notified by the releasing
    authority of the defendant's furloughs, temporary release,
    or final discharge from State custody. The Department of
    Human Services shall establish and maintain a statewide
    telephone number to be used by victims to make notification
    requests under these provisions, and shall publicize this
    telephone number on its website and to the State's Attorney
    of each county.
        (3) In the event of an escape from State custody, the
    Department of Corrections or the Department of Juvenile
    Justice immediately shall notify the Prisoner Review Board
    of the escape and the Prisoner Review Board shall notify
    the victim. The notification shall be based upon the most
    recent information as to the victim's residence or other
    location available to the Board. When no such information
    is available, the Board shall make all reasonable efforts
    to obtain the information and make the notification. When
    the escapee is apprehended, the Department of Corrections
    or the Department of Juvenile Justice immediately shall
    notify the Prisoner Review Board and the Board shall notify
    the victim.
        (4) The victim of the crime for which the prisoner has
    been sentenced shall receive reasonable written notice not
    less than 15 days prior to the parole hearing and may
    submit, in writing, on film, videotape or other electronic
    means or in the form of a recording or in person at the
    parole hearing or if a victim of a violent crime, by
    calling the toll-free number established in subsection (f)
    of this Section, information for consideration by the
    Prisoner Review Board. The victim shall be notified within
    7 days after the prisoner has been granted parole and shall
    be informed of the right to inspect the registry of parole
    decisions, established under subsection (g) of Section
    3-3-5 of the Unified Code of Corrections. The provisions of
    this paragraph (4) are subject to the Open Parole Hearings
    Act.
        (5) If a statement is presented under Section 6, the
    Prisoner Review Board shall inform the victim of any order
    of discharge entered by the Board pursuant to Section 3-3-8
    of the Unified Code of Corrections.
        (6) At the written request of the victim of the crime
    for which the prisoner was sentenced, the Prisoner Review
    Board shall notify the victim of the death of the prisoner
    if the prisoner died while on parole or mandatory
    supervised release.
        (7) When a defendant who has been committed to the
    Department of Corrections, the Department of Juvenile
    Justice, or the Department of Human Services is released or
    discharged and subsequently committed to the Department of
    Human Services as a sexually violent person and the victim
    had requested to be notified by the releasing authority of
    the defendant's discharge from State custody, the
    releasing authority shall provide to the Department of
    Human Services such information that would allow the
    Department of Human Services to contact the victim.
        (8) When a defendant has been convicted of a sex
    offense as defined in Section 2 of the Sex Offender
    Registration Act and has been sentenced to the Department
    of Corrections or the Department of Juvenile Justice, the
    Prisoner Review Board shall notify the victim of the sex
    offense of the prisoner's eligibility for release on
    parole, mandatory supervised release, electronic
    detention, work release, international transfer or
    exchange, or by the custodian of the discharge of any
    individual who was adjudicated a delinquent for a sex
    offense from State custody and by the sheriff of the
    appropriate county of any such person's final discharge
    from county custody. The notification shall be made to the
    victim at least 30 days, whenever possible, before release
    of the sex offender.
    (e) The officials named in this Section may satisfy some or
all of their obligations to provide notices and other
information through participation in a statewide victim and
witness notification system established by the Attorney
General under Section 8.5 of this Act.
    (f) To permit a victim of a violent crime to provide
information to the Prisoner Review Board for consideration by
the Board at a parole hearing of a person who committed the
crime against the victim in accordance with clause (d)(4) of
this Section or at a proceeding to determine the conditions of
mandatory supervised release of a person sentenced to a
determinate sentence or at a hearing on revocation of mandatory
supervised release of a person sentenced to a determinate
sentence, the Board shall establish a toll-free number that may
be accessed by the victim of a violent crime to present that
information to the Board.
(Source: P.A. 94-696, eff. 6-1-06; 95-317, eff. 8-21-07;
95-896, eff. 1-1-09; 95-897, eff. 1-1-09; 95-904, eff. 1-1-09;
revised 9-25-08.)
 
    Section 350. The Firearm Seizure Act is amended by changing
Section 4 as follows:
 
    (725 ILCS 165/4)  (from Ch. 38, par. 161-4)
    Sec. 4. In lieu of requiring the surrender of any firearm,
the court may require the defendant to give a recognizance as
provided in Article 110A of the Code of Criminal Procedure of
1963 Division V of "An Act to revise the law in relation to
criminal jurisprudence".
(Source: Laws 1965, p. 2693; revised 10-28-08.)
 
    Section 355. The Sexually Violent Persons Commitment Act is
amended by changing Section 5 as follows:
 
    (725 ILCS 207/5)
    Sec. 5. Definitions. As used in this Act, the term:
    (a) "Department" means the Department of Human Services.
    (b) "Mental disorder" means a congenital or acquired
condition affecting the emotional or volitional capacity that
predisposes a person to engage in acts of sexual violence.
    (c) "Secretary" means the Secretary of Human Services.
    (d) "Sexually motivated" means that one of the purposes for
an act is for the actor's sexual arousal or gratification.
    (e) "Sexually violent offense" means any of the following:
        (1) Any crime specified in Section 11-6, 12-13, 12-14,
    12-14.1, or 12-16 of the Criminal Code of 1961; or
        (1.5) Any former law of this State specified in Section
    11-1 (rape), 11-3 (deviate sexual assault), 11-4 (indecent
    liberties with a child) or 11-4.1 11-4 (aggravated indecent
    liberties with a child) of the Criminal Code of 1961; or
        (2) First degree murder, if it is determined by the
    agency with jurisdiction to have been sexually motivated;
    or
        (3) Any solicitation, conspiracy or attempt to commit a
    crime under paragraph (e)(1) or (e)(2) of this Section.
    (f) "Sexually violent person" means a person who has been
convicted of a sexually violent offense, has been adjudicated
delinquent for a sexually violent offense, or has been found
not guilty of a sexually violent offense by reason of insanity
and who is dangerous because he or she suffers from a mental
disorder that makes it substantially probable that the person
will engage in acts of sexual violence.
(Source: P.A. 94-746, eff. 5-8-06; revised 10-23-08.)
 
    Section 360. The Unified Code of Corrections is amended by
changing Sections 3-3-7, 5-5-3.2, 5-6-1, and 5-6-3 as follows:
 
    (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
    (Text of Section before amendment by P.A. 95-983)
    Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
Release.
    (a) The conditions of parole or mandatory supervised
release shall be such as the Prisoner Review Board deems
necessary to assist the subject in leading a law-abiding life.
The conditions of every parole and mandatory supervised release
are that the subject:
        (1) not violate any criminal statute of any
    jurisdiction during the parole or release term;
        (2) refrain from possessing a firearm or other
    dangerous weapon;
        (3) report to an agent of the Department of
    Corrections;
        (4) permit the agent to visit him or her at his or her
    home, employment, or elsewhere to the extent necessary for
    the agent to discharge his or her duties;
        (5) attend or reside in a facility established for the
    instruction or residence of persons on parole or mandatory
    supervised release;
        (6) secure permission before visiting or writing a
    committed person in an Illinois Department of Corrections
    facility;
        (7) report all arrests to an agent of the Department of
    Corrections as soon as permitted by the arresting authority
    but in no event later than 24 hours after release from
    custody;
        (7.5) if convicted of a sex offense as defined in the
    Sex Offender Management Board Act, the individual shall
    undergo and successfully complete sex offender treatment
    conducted in conformance with the standards developed by
    the Sex Offender Management Board Act by a treatment
    provider approved by the Board;
        (7.6) if convicted of a sex offense as defined in the
    Sex Offender Management Board Act, refrain from residing at
    the same address or in the same condominium unit or
    apartment unit or in the same condominium complex or
    apartment complex with another person he or she knows or
    reasonably should know is a convicted sex offender or has
    been placed on supervision for a sex offense; the
    provisions of this paragraph do not apply to a person
    convicted of a sex offense who is placed in a Department of
    Corrections licensed transitional housing facility for sex
    offenders, or is in any facility operated or licensed by
    the Department of Children and Family Services or by the
    Department of Human Services, or is in any licensed medical
    facility;
        (7.7) if convicted for an offense that would qualify
    the accused as a sexual predator under the Sex Offender
    Registration Act on or after the effective date of this
    amendatory Act of the 94th General Assembly, wear an
    approved electronic monitoring device as defined in
    Section 5-8A-2 for the duration of the person's parole,
    mandatory supervised release term, or extended mandatory
    supervised release term;
        (7.8) if convicted for an offense committed on or after
    the effective date of this amendatory Act of the 95th
    General Assembly that would qualify the accused as a child
    sex offender as defined in Section 11-9.3 or 11-9.4 of the
    Criminal Code of 1961, refrain from communicating with or
    contacting, by means of the Internet, a person who is not
    related to the accused and whom the accused reasonably
    believes to be under 18 years of age; for purposes of this
    paragraph (7.8), "Internet" has the meaning ascribed to it
    in Section 16J-5 of the Criminal Code of 1961; and a person
    is not related to the accused if the person is not: (i) the
    spouse, brother, or sister of the accused; (ii) a
    descendant of the accused; (iii) a first or second cousin
    of the accused; or (iv) a step-child or adopted child of
    the accused;
        (7.9) if convicted under Section 11-6, 11-20.1,
    11-20.3, or 11-21 of the Criminal Code of 1961, consent to
    search of computers, PDAs, cellular phones, and other
    devices under his or her control that are capable of
    accessing the Internet or storing electronic files, in
    order to confirm Internet protocol addresses reported in
    accordance with the Sex Offender Registration Act and
    compliance with conditions in this Act;
        (7.10) if convicted for an offense that would qualify
    the accused as a sex offender or sexual predator under the
    Sex Offender Registration Act on or after the effective
    date of this amendatory Act of the 95th General Assembly,
    not possess prescription drugs for erectile dysfunction;
        (8) obtain permission of an agent of the Department of
    Corrections before leaving the State of Illinois;
        (9) obtain permission of an agent of the Department of
    Corrections before changing his or her residence or
    employment;
        (10) consent to a search of his or her person,
    property, or residence under his or her control;
        (11) refrain from the use or possession of narcotics or
    other controlled substances in any form, or both, or any
    paraphernalia related to those substances and submit to a
    urinalysis test as instructed by a parole agent of the
    Department of Corrections;
        (12) not frequent places where controlled substances
    are illegally sold, used, distributed, or administered;
        (13) not knowingly associate with other persons on
    parole or mandatory supervised release without prior
    written permission of his or her parole agent and not
    associate with persons who are members of an organized gang
    as that term is defined in the Illinois Streetgang
    Terrorism Omnibus Prevention Act;
        (14) provide true and accurate information, as it
    relates to his or her adjustment in the community while on
    parole or mandatory supervised release or to his or her
    conduct while incarcerated, in response to inquiries by his
    or her parole agent or of the Department of Corrections;
        (15) follow any specific instructions provided by the
    parole agent that are consistent with furthering
    conditions set and approved by the Prisoner Review Board or
    by law, exclusive of placement on electronic detention, to
    achieve the goals and objectives of his or her parole or
    mandatory supervised release or to protect the public.
    These instructions by the parole agent may be modified at
    any time, as the agent deems appropriate;
        (16) if convicted of a sex offense as defined in
    subsection (a-5) of Section 3-1-2 of this Code, unless the
    offender is a parent or guardian of the person under 18
    years of age present in the home and no non-familial minors
    are present, not participate in a holiday event involving
    children under 18 years of age, such as distributing candy
    or other items to children on Halloween, wearing a Santa
    Claus costume on or preceding Christmas, being employed as
    a department store Santa Claus, or wearing an Easter Bunny
    costume on or preceding Easter; and
        (17) if convicted of a violation of an order of
    protection under Section 12-30 of the Criminal Code of
    1961, be placed under electronic surveillance as provided
    in Section 5-8A-7 of this Code.
    (b) The Board may in addition to other conditions require
that the subject:
        (1) work or pursue a course of study or vocational
    training;
        (2) undergo medical or psychiatric treatment, or
    treatment for drug addiction or alcoholism;
        (3) attend or reside in a facility established for the
    instruction or residence of persons on probation or parole;
        (4) support his dependents;
        (5) (blank);
        (6) (blank);
        (7) comply with the terms and conditions of an order of
    protection issued pursuant to the Illinois Domestic
    Violence Act of 1986, enacted by the 84th General Assembly,
    or an order of protection issued by the court of another
    state, tribe, or United States territory;
        (7.5) if convicted for an offense committed on or after
    the effective date of this amendatory Act of the 95th
    General Assembly that would qualify the accused as a child
    sex offender as defined in Section 11-9.3 or 11-9.4 of the
    Criminal Code of 1961, refrain from communicating with or
    contacting, by means of the Internet, a person who is
    related to the accused and whom the accused reasonably
    believes to be under 18 years of age; for purposes of this
    paragraph (7.5), "Internet" has the meaning ascribed to it
    in Section 16J-5 of the Criminal Code of 1961; and a person
    is related to the accused if the person is: (i) the spouse,
    brother, or sister of the accused; (ii) a descendant of the
    accused; (iii) a first or second cousin of the accused; or
    (iv) a step-child or adopted child of the accused; and
        (8) in addition, if a minor:
            (i) reside with his parents or in a foster home;
            (ii) attend school;
            (iii) attend a non-residential program for youth;
        or
            (iv) contribute to his own support at home or in a
        foster home.
    (b-1) In addition to the conditions set forth in
subsections (a) and (b), persons required to register as sex
offenders pursuant to the Sex Offender Registration Act, upon
release from the custody of the Illinois Department of
Corrections, may be required by the Board to comply with the
following specific conditions of release:
        (1) reside only at a Department approved location;
        (2) comply with all requirements of the Sex Offender
    Registration Act;
        (3) notify third parties of the risks that may be
    occasioned by his or her criminal record;
        (4) obtain the approval of an agent of the Department
    of Corrections prior to accepting employment or pursuing a
    course of study or vocational training and notify the
    Department prior to any change in employment, study, or
    training;
        (5) not be employed or participate in any volunteer
    activity that involves contact with children, except under
    circumstances approved in advance and in writing by an
    agent of the Department of Corrections;
        (6) be electronically monitored for a minimum of 12
    months from the date of release as determined by the Board;
        (7) refrain from entering into a designated geographic
    area except upon terms approved in advance by an agent of
    the Department of Corrections. The terms may include
    consideration of the purpose of the entry, the time of day,
    and others accompanying the person;
        (8) refrain from having any contact, including written
    or oral communications, directly or indirectly, personally
    or by telephone, letter, or through a third party with
    certain specified persons including, but not limited to,
    the victim or the victim's family without the prior written
    approval of an agent of the Department of Corrections;
        (9) refrain from all contact, directly or indirectly,
    personally, by telephone, letter, or through a third party,
    with minor children without prior identification and
    approval of an agent of the Department of Corrections;
        (10) neither possess or have under his or her control
    any material that is sexually oriented, sexually
    stimulating, or that shows male or female sex organs or any
    pictures depicting children under 18 years of age nude or
    any written or audio material describing sexual
    intercourse or that depicts or alludes to sexual activity,
    including but not limited to visual, auditory, telephonic,
    or electronic media, or any matter obtained through access
    to any computer or material linked to computer access use;
        (11) not patronize any business providing sexually
    stimulating or sexually oriented entertainment nor utilize
    "900" or adult telephone numbers;
        (12) not reside near, visit, or be in or about parks,
    schools, day care centers, swimming pools, beaches,
    theaters, or any other places where minor children
    congregate without advance approval of an agent of the
    Department of Corrections and immediately report any
    incidental contact with minor children to the Department;
        (13) not possess or have under his or her control
    certain specified items of contraband related to the
    incidence of sexually offending as determined by an agent
    of the Department of Corrections;
        (14) may be required to provide a written daily log of
    activities if directed by an agent of the Department of
    Corrections;
        (15) comply with all other special conditions that the
    Department may impose that restrict the person from
    high-risk situations and limit access to potential
    victims;
        (16) take an annual polygraph exam;
        (17) maintain a log of his or her travel; or
        (18) obtain prior approval of his or her parole officer
    before driving alone in a motor vehicle.
    (c) The conditions under which the parole or mandatory
supervised release is to be served shall be communicated to the
person in writing prior to his release, and he shall sign the
same before release. A signed copy of these conditions,
including a copy of an order of protection where one had been
issued by the criminal court, shall be retained by the person
and another copy forwarded to the officer in charge of his
supervision.
    (d) After a hearing under Section 3-3-9, the Prisoner
Review Board may modify or enlarge the conditions of parole or
mandatory supervised release.
    (e) The Department shall inform all offenders committed to
the Department of the optional services available to them upon
release and shall assist inmates in availing themselves of such
optional services upon their release on a voluntary basis.
    (f) When the subject is in compliance with all conditions
of his or her parole or mandatory supervised release, the
subject shall receive a reduction of the period of his or her
parole or mandatory supervised release of 90 days upon passage
of the high school level Test of General Educational
Development during the period of his or her parole or mandatory
supervised release. This reduction in the period of a subject's
term of parole or mandatory supervised release shall be
available only to subjects who have not previously earned a
high school diploma or who have not previously passed the high
school level Test of General Educational Development.
(Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05;
94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08;
95-579, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09;
95-876, eff. 8-21-08.)
 
    (Text of Section after amendment by P.A. 95-983)
    Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
Release.
    (a) The conditions of parole or mandatory supervised
release shall be such as the Prisoner Review Board deems
necessary to assist the subject in leading a law-abiding life.
The conditions of every parole and mandatory supervised release
are that the subject:
        (1) not violate any criminal statute of any
    jurisdiction during the parole or release term;
        (2) refrain from possessing a firearm or other
    dangerous weapon;
        (3) report to an agent of the Department of
    Corrections;
        (4) permit the agent to visit him or her at his or her
    home, employment, or elsewhere to the extent necessary for
    the agent to discharge his or her duties;
        (5) attend or reside in a facility established for the
    instruction or residence of persons on parole or mandatory
    supervised release;
        (6) secure permission before visiting or writing a
    committed person in an Illinois Department of Corrections
    facility;
        (7) report all arrests to an agent of the Department of
    Corrections as soon as permitted by the arresting authority
    but in no event later than 24 hours after release from
    custody;
        (7.5) if convicted of a sex offense as defined in the
    Sex Offender Management Board Act, the individual shall
    undergo and successfully complete sex offender treatment
    conducted in conformance with the standards developed by
    the Sex Offender Management Board Act by a treatment
    provider approved by the Board;
        (7.6) if convicted of a sex offense as defined in the
    Sex Offender Management Board Act, refrain from residing at
    the same address or in the same condominium unit or
    apartment unit or in the same condominium complex or
    apartment complex with another person he or she knows or
    reasonably should know is a convicted sex offender or has
    been placed on supervision for a sex offense; the
    provisions of this paragraph do not apply to a person
    convicted of a sex offense who is placed in a Department of
    Corrections licensed transitional housing facility for sex
    offenders, or is in any facility operated or licensed by
    the Department of Children and Family Services or by the
    Department of Human Services, or is in any licensed medical
    facility;
        (7.7) if convicted for an offense that would qualify
    the accused as a sexual predator under the Sex Offender
    Registration Act on or after the effective date of this
    amendatory Act of the 94th General Assembly, wear an
    approved electronic monitoring device as defined in
    Section 5-8A-2 for the duration of the person's parole,
    mandatory supervised release term, or extended mandatory
    supervised release term;
        (7.8) if convicted for an offense committed on or after
    the effective date of this amendatory Act of the 95th
    General Assembly that would qualify the accused as a child
    sex offender as defined in Section 11-9.3 or 11-9.4 of the
    Criminal Code of 1961, refrain from communicating with or
    contacting, by means of the Internet, a person who is not
    related to the accused and whom the accused reasonably
    believes to be under 18 years of age; for purposes of this
    paragraph (7.8), "Internet" has the meaning ascribed to it
    in Section 16J-5 of the Criminal Code of 1961; and a person
    is not related to the accused if the person is not: (i) the
    spouse, brother, or sister of the accused; (ii) a
    descendant of the accused; (iii) a first or second cousin
    of the accused; or (iv) a step-child or adopted child of
    the accused;
        (7.9) if convicted under Section 11-6, 11-20.1,
    11-20.3, or 11-21 of the Criminal Code of 1961, consent to
    search of computers, PDAs, cellular phones, and other
    devices under his or her control that are capable of
    accessing the Internet or storing electronic files, in
    order to confirm Internet protocol addresses reported in
    accordance with the Sex Offender Registration Act and
    compliance with conditions in this Act;
        (7.10) if convicted for an offense that would qualify
    the accused as a sex offender or sexual predator under the
    Sex Offender Registration Act on or after the effective
    date of this amendatory Act of the 95th General Assembly,
    not possess prescription drugs for erectile dysfunction;
        (7.11) if convicted for an offense under Section 11-6,
    11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal
    Code of 1961, or any attempt to commit any of these
    offenses, committed on or after June 1, 2009 (the effective
    date of Public Act 95-983) this amendatory Act of the 95th
    General Assembly:
            (i) not access or use a computer or any other
        device with Internet capability without the prior
        written approval of the Department;
            (ii) submit to periodic unannounced examinations
        of the offender's computer or any other device with
        Internet capability by the offender's supervising
        agent, a law enforcement officer, or assigned computer
        or information technology specialist, including the
        retrieval and copying of all data from the computer or
        device and any internal or external peripherals and
        removal of such information, equipment, or device to
        conduct a more thorough inspection;
            (iii) submit to the installation on the offender's
        computer or device with Internet capability, at the
        offender's expense, of one or more hardware or software
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions
        concerning the offender's use of or access to a
        computer or any other device with Internet capability
        imposed by the Board, the Department or the offender's
        supervising agent;
        (8) obtain permission of an agent of the Department of
    Corrections before leaving the State of Illinois;
        (9) obtain permission of an agent of the Department of
    Corrections before changing his or her residence or
    employment;
        (10) consent to a search of his or her person,
    property, or residence under his or her control;
        (11) refrain from the use or possession of narcotics or
    other controlled substances in any form, or both, or any
    paraphernalia related to those substances and submit to a
    urinalysis test as instructed by a parole agent of the
    Department of Corrections;
        (12) not frequent places where controlled substances
    are illegally sold, used, distributed, or administered;
        (13) not knowingly associate with other persons on
    parole or mandatory supervised release without prior
    written permission of his or her parole agent and not
    associate with persons who are members of an organized gang
    as that term is defined in the Illinois Streetgang
    Terrorism Omnibus Prevention Act;
        (14) provide true and accurate information, as it
    relates to his or her adjustment in the community while on
    parole or mandatory supervised release or to his or her
    conduct while incarcerated, in response to inquiries by his
    or her parole agent or of the Department of Corrections;
        (15) follow any specific instructions provided by the
    parole agent that are consistent with furthering
    conditions set and approved by the Prisoner Review Board or
    by law, exclusive of placement on electronic detention, to
    achieve the goals and objectives of his or her parole or
    mandatory supervised release or to protect the public.
    These instructions by the parole agent may be modified at
    any time, as the agent deems appropriate;
        (16) if convicted of a sex offense as defined in
    subsection (a-5) of Section 3-1-2 of this Code, unless the
    offender is a parent or guardian of the person under 18
    years of age present in the home and no non-familial minors
    are present, not participate in a holiday event involving
    children under 18 years of age, such as distributing candy
    or other items to children on Halloween, wearing a Santa
    Claus costume on or preceding Christmas, being employed as
    a department store Santa Claus, or wearing an Easter Bunny
    costume on or preceding Easter; and
        (17) if convicted of a violation of an order of
    protection under Section 12-30 of the Criminal Code of
    1961, be placed under electronic surveillance as provided
    in Section 5-8A-7 of this Code.
    (b) The Board may in addition to other conditions require
that the subject:
        (1) work or pursue a course of study or vocational
    training;
        (2) undergo medical or psychiatric treatment, or
    treatment for drug addiction or alcoholism;
        (3) attend or reside in a facility established for the
    instruction or residence of persons on probation or parole;
        (4) support his dependents;
        (5) (blank);
        (6) (blank);
        (7) comply with the terms and conditions of an order of
    protection issued pursuant to the Illinois Domestic
    Violence Act of 1986, enacted by the 84th General Assembly,
    or an order of protection issued by the court of another
    state, tribe, or United States territory;
        (7.5) if convicted for an offense committed on or after
    the effective date of this amendatory Act of the 95th
    General Assembly that would qualify the accused as a child
    sex offender as defined in Section 11-9.3 or 11-9.4 of the
    Criminal Code of 1961, refrain from communicating with or
    contacting, by means of the Internet, a person who is
    related to the accused and whom the accused reasonably
    believes to be under 18 years of age; for purposes of this
    paragraph (7.5), "Internet" has the meaning ascribed to it
    in Section 16J-5 of the Criminal Code of 1961; and a person
    is related to the accused if the person is: (i) the spouse,
    brother, or sister of the accused; (ii) a descendant of the
    accused; (iii) a first or second cousin of the accused; or
    (iv) a step-child or adopted child of the accused;
        (7.6) if convicted for an offense committed on or after
    June 1, 2009 (the effective date of Public Act 95-983) this
    amendatory Act of the 95th General Assembly that would
    qualify as a sex offense as defined in the Sex Offender
    Registration Act:
            (i) not access or use a computer or any other
        device with Internet capability without the prior
        written approval of the Department;
            (ii) submit to periodic unannounced examinations
        of the offender's computer or any other device with
        Internet capability by the offender's supervising
        agent, a law enforcement officer, or assigned computer
        or information technology specialist, including the
        retrieval and copying of all data from the computer or
        device and any internal or external peripherals and
        removal of such information, equipment, or device to
        conduct a more thorough inspection;
            (iii) submit to the installation on the offender's
        computer or device with Internet capability, at the
        offender's expense, of one or more hardware or software
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions
        concerning the offender's use of or access to a
        computer or any other device with Internet capability
        imposed by the Board, the Department or the offender's
        supervising agent; and
        (8) in addition, if a minor:
            (i) reside with his parents or in a foster home;
            (ii) attend school;
            (iii) attend a non-residential program for youth;
        or
            (iv) contribute to his own support at home or in a
        foster home.
    (b-1) In addition to the conditions set forth in
subsections (a) and (b), persons required to register as sex
offenders pursuant to the Sex Offender Registration Act, upon
release from the custody of the Illinois Department of
Corrections, may be required by the Board to comply with the
following specific conditions of release:
        (1) reside only at a Department approved location;
        (2) comply with all requirements of the Sex Offender
    Registration Act;
        (3) notify third parties of the risks that may be
    occasioned by his or her criminal record;
        (4) obtain the approval of an agent of the Department
    of Corrections prior to accepting employment or pursuing a
    course of study or vocational training and notify the
    Department prior to any change in employment, study, or
    training;
        (5) not be employed or participate in any volunteer
    activity that involves contact with children, except under
    circumstances approved in advance and in writing by an
    agent of the Department of Corrections;
        (6) be electronically monitored for a minimum of 12
    months from the date of release as determined by the Board;
        (7) refrain from entering into a designated geographic
    area except upon terms approved in advance by an agent of
    the Department of Corrections. The terms may include
    consideration of the purpose of the entry, the time of day,
    and others accompanying the person;
        (8) refrain from having any contact, including written
    or oral communications, directly or indirectly, personally
    or by telephone, letter, or through a third party with
    certain specified persons including, but not limited to,
    the victim or the victim's family without the prior written
    approval of an agent of the Department of Corrections;
        (9) refrain from all contact, directly or indirectly,
    personally, by telephone, letter, or through a third party,
    with minor children without prior identification and
    approval of an agent of the Department of Corrections;
        (10) neither possess or have under his or her control
    any material that is sexually oriented, sexually
    stimulating, or that shows male or female sex organs or any
    pictures depicting children under 18 years of age nude or
    any written or audio material describing sexual
    intercourse or that depicts or alludes to sexual activity,
    including but not limited to visual, auditory, telephonic,
    or electronic media, or any matter obtained through access
    to any computer or material linked to computer access use;
        (11) not patronize any business providing sexually
    stimulating or sexually oriented entertainment nor utilize
    "900" or adult telephone numbers;
        (12) not reside near, visit, or be in or about parks,
    schools, day care centers, swimming pools, beaches,
    theaters, or any other places where minor children
    congregate without advance approval of an agent of the
    Department of Corrections and immediately report any
    incidental contact with minor children to the Department;
        (13) not possess or have under his or her control
    certain specified items of contraband related to the
    incidence of sexually offending as determined by an agent
    of the Department of Corrections;
        (14) may be required to provide a written daily log of
    activities if directed by an agent of the Department of
    Corrections;
        (15) comply with all other special conditions that the
    Department may impose that restrict the person from
    high-risk situations and limit access to potential
    victims;
        (16) take an annual polygraph exam;
        (17) maintain a log of his or her travel; or
        (18) obtain prior approval of his or her parole officer
    before driving alone in a motor vehicle.
    (c) The conditions under which the parole or mandatory
supervised release is to be served shall be communicated to the
person in writing prior to his release, and he shall sign the
same before release. A signed copy of these conditions,
including a copy of an order of protection where one had been
issued by the criminal court, shall be retained by the person
and another copy forwarded to the officer in charge of his
supervision.
    (d) After a hearing under Section 3-3-9, the Prisoner
Review Board may modify or enlarge the conditions of parole or
mandatory supervised release.
    (e) The Department shall inform all offenders committed to
the Department of the optional services available to them upon
release and shall assist inmates in availing themselves of such
optional services upon their release on a voluntary basis.
    (f) When the subject is in compliance with all conditions
of his or her parole or mandatory supervised release, the
subject shall receive a reduction of the period of his or her
parole or mandatory supervised release of 90 days upon passage
of the high school level Test of General Educational
Development during the period of his or her parole or mandatory
supervised release. This reduction in the period of a subject's
term of parole or mandatory supervised release shall be
available only to subjects who have not previously earned a
high school diploma or who have not previously passed the high
school level Test of General Educational Development.
(Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05;
94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08;
95-579, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09;
95-876, eff. 8-21-08; 95-983, eff. 6-1-09; revised 10-20-08.)
 
    (730 ILCS 5/5-5-3.2)  (from Ch. 38, par. 1005-5-3.2)
    Sec. 5-5-3.2. Factors in Aggravation.
    (a) The following factors shall be accorded weight in favor
of imposing a term of imprisonment or may be considered by the
court as reasons to impose a more severe sentence under Section
5-8-1:
        (1) the defendant's conduct caused or threatened
    serious harm;
        (2) the defendant received compensation for committing
    the offense;
        (3) the defendant has a history of prior delinquency or
    criminal activity;
        (4) the defendant, by the duties of his office or by
    his position, was obliged to prevent the particular offense
    committed or to bring the offenders committing it to
    justice;
        (5) the defendant held public office at the time of the
    offense, and the offense related to the conduct of that
    office;
        (6) the defendant utilized his professional reputation
    or position in the community to commit the offense, or to
    afford him an easier means of committing it;
        (7) the sentence is necessary to deter others from
    committing the same crime;
        (8) the defendant committed the offense against a
    person 60 years of age or older or such person's property;
        (9) the defendant committed the offense against a
    person who is physically handicapped or such person's
    property;
        (10) by reason of another individual's actual or
    perceived race, color, creed, religion, ancestry, gender,
    sexual orientation, physical or mental disability, or
    national origin, the defendant committed the offense
    against (i) the person or property of that individual; (ii)
    the person or property of a person who has an association
    with, is married to, or has a friendship with the other
    individual; or (iii) the person or property of a relative
    (by blood or marriage) of a person described in clause (i)
    or (ii). For the purposes of this Section, "sexual
    orientation" means heterosexuality, homosexuality, or
    bisexuality;
        (11) the offense took place in a place of worship or on
    the grounds of a place of worship, immediately prior to,
    during or immediately following worship services. For
    purposes of this subparagraph, "place of worship" shall
    mean any church, synagogue or other building, structure or
    place used primarily for religious worship;
        (12) the defendant was convicted of a felony committed
    while he was released on bail or his own recognizance
    pending trial for a prior felony and was convicted of such
    prior felony, or the defendant was convicted of a felony
    committed while he was serving a period of probation,
    conditional discharge, or mandatory supervised release
    under subsection (d) of Section 5-8-1 for a prior felony;
        (13) the defendant committed or attempted to commit a
    felony while he was wearing a bulletproof vest. For the
    purposes of this paragraph (13), a bulletproof vest is any
    device which is designed for the purpose of protecting the
    wearer from bullets, shot or other lethal projectiles;
        (14) the defendant held a position of trust or
    supervision such as, but not limited to, family member as
    defined in Section 12-12 of the Criminal Code of 1961,
    teacher, scout leader, baby sitter, or day care worker, in
    relation to a victim under 18 years of age, and the
    defendant committed an offense in violation of Section
    11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
    12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
    against that victim;
        (15) the defendant committed an offense related to the
    activities of an organized gang. For the purposes of this
    factor, "organized gang" has the meaning ascribed to it in
    Section 10 of the Streetgang Terrorism Omnibus Prevention
    Act;
        (16) the defendant committed an offense in violation of
    one of the following Sections while in a school, regardless
    of the time of day or time of year; on any conveyance
    owned, leased, or contracted by a school to transport
    students to or from school or a school related activity; on
    the real property of a school; or on a public way within
    1,000 feet of the real property comprising any school:
    Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
    12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
    33A-2 of the Criminal Code of 1961;
        (16.5) the defendant committed an offense in violation
    of one of the following Sections while in a day care
    center, regardless of the time of day or time of year; on
    the real property of a day care center, regardless of the
    time of day or time of year; or on a public way within
    1,000 feet of the real property comprising any day care
    center, regardless of the time of day or time of year:
    Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
    12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
    33A-2 of the Criminal Code of 1961;
        (17) the defendant committed the offense by reason of
    any person's activity as a community policing volunteer or
    to prevent any person from engaging in activity as a
    community policing volunteer. For the purpose of this
    Section, "community policing volunteer" has the meaning
    ascribed to it in Section 2-3.5 of the Criminal Code of
    1961;
        (18) the defendant committed the offense in a nursing
    home or on the real property comprising a nursing home. For
    the purposes of this paragraph (18), "nursing home" means a
    skilled nursing or intermediate long term care facility
    that is subject to license by the Illinois Department of
    Public Health under the Nursing Home Care Act;
        (19) the defendant was a federally licensed firearm
    dealer and was previously convicted of a violation of
    subsection (a) of Section 3 of the Firearm Owners
    Identification Card Act and has now committed either a
    felony violation of the Firearm Owners Identification Card
    Act or an act of armed violence while armed with a firearm;
        (20) the defendant (i) committed the offense of
    reckless homicide under Section 9-3 of the Criminal Code of
    1961 or the offense of driving under the influence of
    alcohol, other drug or drugs, intoxicating compound or
    compounds or any combination thereof under Section 11-501
    of the Illinois Vehicle Code or a similar provision of a
    local ordinance and (ii) was operating a motor vehicle in
    excess of 20 miles per hour over the posted speed limit as
    provided in Article VI of Chapter 11 of the Illinois
    Vehicle Code;
        (21) the defendant (i) committed the offense of
    reckless driving or aggravated reckless driving under
    Section 11-503 of the Illinois Vehicle Code and (ii) was
    operating a motor vehicle in excess of 20 miles per hour
    over the posted speed limit as provided in Article VI of
    Chapter 11 of the Illinois Vehicle Code;
        (22) the defendant committed the offense against a
    person that the defendant knew, or reasonably should have
    known, was a member of the Armed Forces of the United
    States serving on active duty. For purposes of this clause
    (22), the term "Armed Forces" means any of the Armed Forces
    of the United States, including a member of any reserve
    component thereof or National Guard unit called to active
    duty; or
        (23) the defendant committed the offense against a
    person who was elderly, disabled, or infirm by taking
    advantage of a family or fiduciary relationship with the
    elderly, disabled, or infirm person; or .
        (24) (22) the defendant committed any offense under
    Section 11-20.1 of the Criminal Code of 1961 and possessed
    100 or more images.
    For the purposes of this Section:
    "School" is defined as a public or private elementary or
secondary school, community college, college, or university.
    "Day care center" means a public or private State certified
and licensed day care center as defined in Section 2.09 of the
Child Care Act of 1969 that displays a sign in plain view
stating that the property is a day care center.
    (b) The following factors may be considered by the court as
reasons to impose an extended term sentence under Section 5-8-2
upon any offender:
        (1) When a defendant is convicted of any felony, after
    having been previously convicted in Illinois or any other
    jurisdiction of the same or similar class felony or greater
    class felony, when such conviction has occurred within 10
    years after the previous conviction, excluding time spent
    in custody, and such charges are separately brought and
    tried and arise out of different series of acts; or
        (2) When a defendant is convicted of any felony and the
    court finds that the offense was accompanied by
    exceptionally brutal or heinous behavior indicative of
    wanton cruelty; or
        (3) When a defendant is convicted of voluntary
    manslaughter, second degree murder, involuntary
    manslaughter or reckless homicide in which the defendant
    has been convicted of causing the death of more than one
    individual; or
        (4) When a defendant is convicted of any felony
    committed against:
            (i) a person under 12 years of age at the time of
        the offense or such person's property;
            (ii) a person 60 years of age or older at the time
        of the offense or such person's property; or
            (iii) a person physically handicapped at the time
        of the offense or such person's property; or
        (5) In the case of a defendant convicted of aggravated
    criminal sexual assault or criminal sexual assault, when
    the court finds that aggravated criminal sexual assault or
    criminal sexual assault was also committed on the same
    victim by one or more other individuals, and the defendant
    voluntarily participated in the crime with the knowledge of
    the participation of the others in the crime, and the
    commission of the crime was part of a single course of
    conduct during which there was no substantial change in the
    nature of the criminal objective; or
        (6) When a defendant is convicted of any felony and the
    offense involved any of the following types of specific
    misconduct committed as part of a ceremony, rite,
    initiation, observance, performance, practice or activity
    of any actual or ostensible religious, fraternal, or social
    group:
            (i) the brutalizing or torturing of humans or
        animals;
            (ii) the theft of human corpses;
            (iii) the kidnapping of humans;
            (iv) the desecration of any cemetery, religious,
        fraternal, business, governmental, educational, or
        other building or property; or
            (v) ritualized abuse of a child; or
        (7) When a defendant is convicted of first degree
    murder, after having been previously convicted in Illinois
    of any offense listed under paragraph (c)(2) of Section
    5-5-3, when such conviction has occurred within 10 years
    after the previous conviction, excluding time spent in
    custody, and such charges are separately brought and tried
    and arise out of different series of acts; or
        (8) When a defendant is convicted of a felony other
    than conspiracy and the court finds that the felony was
    committed under an agreement with 2 or more other persons
    to commit that offense and the defendant, with respect to
    the other individuals, occupied a position of organizer,
    supervisor, financier, or any other position of management
    or leadership, and the court further finds that the felony
    committed was related to or in furtherance of the criminal
    activities of an organized gang or was motivated by the
    defendant's leadership in an organized gang; or
        (9) When a defendant is convicted of a felony violation
    of Section 24-1 of the Criminal Code of 1961 and the court
    finds that the defendant is a member of an organized gang;
    or
        (10) When a defendant committed the offense using a
    firearm with a laser sight attached to it. For purposes of
    this paragraph (10), "laser sight" has the meaning ascribed
    to it in Section 24.6-5 of the Criminal Code of 1961; or
        (11) When a defendant who was at least 17 years of age
    at the time of the commission of the offense is convicted
    of a felony and has been previously adjudicated a
    delinquent minor under the Juvenile Court Act of 1987 for
    an act that if committed by an adult would be a Class X or
    Class 1 felony when the conviction has occurred within 10
    years after the previous adjudication, excluding time
    spent in custody; or
        (12) When a defendant commits an offense involving the
    illegal manufacture of a controlled substance under
    Section 401 of the Illinois Controlled Substances Act, the
    illegal manufacture of methamphetamine under Section 25 of
    the Methamphetamine Control and Community Protection Act,
    or the illegal possession of explosives and an emergency
    response officer in the performance of his or her duties is
    killed or injured at the scene of the offense while
    responding to the emergency caused by the commission of the
    offense. In this paragraph (12), "emergency" means a
    situation in which a person's life, health, or safety is in
    jeopardy; and "emergency response officer" means a peace
    officer, community policing volunteer, fireman, emergency
    medical technician-ambulance, emergency medical
    technician-intermediate, emergency medical
    technician-paramedic, ambulance driver, other medical
    assistance or first aid personnel, or hospital emergency
    room personnel; or
        (13) When a defendant commits any felony and the
    defendant used, possessed, exercised control over, or
    otherwise directed an animal to assault a law enforcement
    officer engaged in the execution of his or her official
    duties or in furtherance of the criminal activities of an
    organized gang in which the defendant is engaged.
    (b-1) For the purposes of this Section, "organized gang"
has the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
    (c) The court may impose an extended term sentence under
Section 5-8-2 upon any offender who was convicted of aggravated
criminal sexual assault or predatory criminal sexual assault of
a child under subsection (a)(1) of Section 12-14.1 of the
Criminal Code of 1961 where the victim was under 18 years of
age at the time of the commission of the offense.
    (d) The court may impose an extended term sentence under
Section 5-8-2 upon any offender who was convicted of unlawful
use of weapons under Section 24-1 of the Criminal Code of 1961
for possessing a weapon that is not readily distinguishable as
one of the weapons enumerated in Section 24-1 of the Criminal
Code of 1961.
    (e) The court may impose an extended term sentence under
Section 5-8-2 upon an offender who has been convicted of first
degree murder when the offender has previously been convicted
of domestic battery or aggravated domestic battery committed
against the murdered individual or has previously been
convicted of violation of an order of protection in which the
murdered individual was the protected person.
(Source: P.A. 94-131, eff. 7-7-05; 94-375, eff. 1-1-06; 94-556,
eff. 9-11-05; 94-819, eff. 5-31-06; 95-85, eff. 1-1-08; 95-362,
eff. 1-1-08; 95-569, eff. 6-1-08; 95-876, eff. 8-21-08; 95-942,
eff. 1-1-09; revised 9-23-08.)
 
    (730 ILCS 5/5-6-1)  (from Ch. 38, par. 1005-6-1)
    Sec. 5-6-1. Sentences of Probation and of Conditional
Discharge and Disposition of Supervision. The General Assembly
finds that in order to protect the public, the criminal justice
system must compel compliance with the conditions of probation
by responding to violations with swift, certain and fair
punishments and intermediate sanctions. The Chief Judge of each
circuit shall adopt a system of structured, intermediate
sanctions for violations of the terms and conditions of a
sentence of probation, conditional discharge or disposition of
supervision.
    (a) Except where specifically prohibited by other
provisions of this Code, the court shall impose a sentence of
probation or conditional discharge upon an offender unless,
having regard to the nature and circumstance of the offense,
and to the history, character and condition of the offender,
the court is of the opinion that:
        (1) his imprisonment or periodic imprisonment is
    necessary for the protection of the public; or
        (2) probation or conditional discharge would deprecate
    the seriousness of the offender's conduct and would be
    inconsistent with the ends of justice; or
        (3) a combination of imprisonment with concurrent or
    consecutive probation when an offender has been admitted
    into a drug court program under Section 20 of the Drug
    Court Treatment Act is necessary for the protection of the
    public and for the rehabilitation of the offender.
    The court shall impose as a condition of a sentence of
probation, conditional discharge, or supervision, that the
probation agency may invoke any sanction from the list of
intermediate sanctions adopted by the chief judge of the
circuit court for violations of the terms and conditions of the
sentence of probation, conditional discharge, or supervision,
subject to the provisions of Section 5-6-4 of this Act.
    (b) The court may impose a sentence of conditional
discharge for an offense if the court is of the opinion that
neither a sentence of imprisonment nor of periodic imprisonment
nor of probation supervision is appropriate.
    (b-1) Subsections (a) and (b) of this Section do not apply
to a defendant charged with a misdemeanor or felony under the
Illinois Vehicle Code or reckless homicide under Section 9-3 of
the Criminal Code of 1961 if the defendant within the past 12
months has been convicted of or pleaded guilty to a misdemeanor
or felony under the Illinois Vehicle Code or reckless homicide
under Section 9-3 of the Criminal Code of 1961.
    (c) The court may, upon a plea of guilty or a stipulation
by the defendant of the facts supporting the charge or a
finding of guilt, defer further proceedings and the imposition
of a sentence, and enter an order for supervision of the
defendant, if the defendant is not charged with: (i) a Class A
misdemeanor, as defined by the following provisions of the
Criminal Code of 1961: Sections 11-9.1; 12-3.2; 12-15; 26-5;
31-1; 31-6; 31-7; subsections (b) and (c) of Section 21-1;
paragraph (1) through (5), (8), (10), and (11) of subsection
(a) of Section 24-1; (ii) a Class A misdemeanor violation of
Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals
Act; or (iii) a felony. If the defendant is not barred from
receiving an order for supervision as provided in this
subsection, the court may enter an order for supervision after
considering the circumstances of the offense, and the history,
character and condition of the offender, if the court is of the
opinion that:
        (1) the offender is not likely to commit further
    crimes;
        (2) the defendant and the public would be best served
    if the defendant were not to receive a criminal record; and
        (3) in the best interests of justice an order of
    supervision is more appropriate than a sentence otherwise
    permitted under this Code.
    (c-5) Subsections (a), (b), and (c) of this Section do not
apply to a defendant charged with a second or subsequent
violation of Section 6-303 of the Illinois Vehicle Code
committed while his or her driver's license, permit or
privileges were revoked because of a violation of Section 9-3
of the Criminal Code of 1961, relating to the offense of
reckless homicide, or a similar provision of a law of another
state.
    (d) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance when
the defendant has previously been:
        (1) convicted for a violation of Section 11-501 of the
    Illinois Vehicle Code or a similar provision of a local
    ordinance or any similar law or ordinance of another state;
    or
        (2) assigned supervision for a violation of Section
    11-501 of the Illinois Vehicle Code or a similar provision
    of a local ordinance or any similar law or ordinance of
    another state; or
        (3) pleaded guilty to or stipulated to the facts
    supporting a charge or a finding of guilty to a violation
    of Section 11-503 of the Illinois Vehicle Code or a similar
    provision of a local ordinance or any similar law or
    ordinance of another state, and the plea or stipulation was
    the result of a plea agreement.
    The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
    (e) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 16A-3 of the Criminal
Code of 1961 if said defendant has within the last 5 years
been:
        (1) convicted for a violation of Section 16A-3 of the
    Criminal Code of 1961; or
        (2) assigned supervision for a violation of Section
    16A-3 of the Criminal Code of 1961.
    The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
    (f) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Sections 15-111, 15-112,
15-301, paragraph (b) of Section 6-104, Section 11-605, Section
11-1002.5, or Section 11-1414 of the Illinois Vehicle Code or a
similar provision of a local ordinance.
    (g) Except as otherwise provided in paragraph (i) of this
Section, the provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle Code or a similar provision
of a local ordinance if the defendant has within the last 5
years been:
        (1) convicted for a violation of Section 3-707, 3-708,
    3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
    provision of a local ordinance; or
        (2) assigned supervision for a violation of Section
    3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
    Code or a similar provision of a local ordinance.
    The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
    (h) The provisions of paragraph (c) shall not apply to a
defendant under the age of 21 years charged with violating a
serious traffic offense as defined in Section 1-187.001 of the
Illinois Vehicle Code:
        (1) unless the defendant, upon payment of the fines,
    penalties, and costs provided by law, agrees to attend and
    successfully complete a traffic safety program approved by
    the court under standards set by the Conference of Chief
    Circuit Judges. The accused shall be responsible for
    payment of any traffic safety program fees. If the accused
    fails to file a certificate of successful completion on or
    before the termination date of the supervision order, the
    supervision shall be summarily revoked and conviction
    entered. The provisions of Supreme Court Rule 402 relating
    to pleas of guilty do not apply in cases when a defendant
    enters a guilty plea under this provision; or
        (2) if the defendant has previously been sentenced
    under the provisions of paragraph (c) on or after January
    1, 1998 for any serious traffic offense as defined in
    Section 1-187.001 of the Illinois Vehicle Code.
    (h-1) The provisions of paragraph (c) shall not apply to a
defendant under the age of 21 years charged with an offense
against traffic regulations governing the movement of vehicles
or any violation of Section 6-107 or Section 12-603.1 of the
Illinois Vehicle Code, unless the defendant, upon payment of
the fines, penalties, and costs provided by law, agrees to
attend and successfully complete a traffic safety program
approved by the court under standards set by the Conference of
Chief Circuit Judges. The accused shall be responsible for
payment of any traffic safety program fees. If the accused
fails to file a certificate of successful completion on or
before the termination date of the supervision order, the
supervision shall be summarily revoked and conviction entered.
The provisions of Supreme Court Rule 402 relating to pleas of
guilty do not apply in cases when a defendant enters a guilty
plea under this provision.
    (i) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 3-707 of the Illinois
Vehicle Code or a similar provision of a local ordinance if the
defendant has been assigned supervision for a violation of
Section 3-707 of the Illinois Vehicle Code or a similar
provision of a local ordinance.
    (j) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 6-303 of the Illinois
Vehicle Code or a similar provision of a local ordinance when
the revocation or suspension was for a violation of Section
11-501 or a similar provision of a local ordinance or a
violation of Section 11-501.1 or paragraph (b) of Section
11-401 of the Illinois Vehicle Code if the defendant has within
the last 10 years been:
        (1) convicted for a violation of Section 6-303 of the
    Illinois Vehicle Code or a similar provision of a local
    ordinance; or
        (2) assigned supervision for a violation of Section
    6-303 of the Illinois Vehicle Code or a similar provision
    of a local ordinance.
    (k) The provisions of paragraph (c) shall not apply to a
defendant charged with violating any provision of the Illinois
Vehicle Code or a similar provision of a local ordinance that
governs the movement of vehicles if, within the 12 months
preceding the date of the defendant's arrest, the defendant has
been assigned court supervision on 2 occasions for a violation
that governs the movement of vehicles under the Illinois
Vehicle Code or a similar provision of a local ordinance.
    (l) A defendant charged with violating any provision of the
Illinois Vehicle Code or a similar provision of a local
ordinance who, after a court appearance in the same matter,
receives a disposition of supervision under subsection (c)
shall pay an additional fee of $20, to be collected as provided
in Sections 27.5 and 27.6 of the Clerks of Courts Act. In
addition to the $20 fee, the person shall also pay a fee of $5,
which, if not waived by the court, shall be collected as
provided in Sections 27.5 and 27.6 of the Clerks of Courts Act.
The $20 fee shall be disbursed as provided in Section 16-104c
of the Illinois Vehicle Code. If the $5 fee is collected, $4.50
of the fee shall be deposited into the Circuit Court Clerk
Operation and Administrative Fund created by the Clerk of the
Circuit Court and 50 cents of the fee shall be deposited into
the Prisoner Review Board Vehicle and Equipment Fund in the
State treasury.
    (m) Any person convicted of or pleading guilty to a serious
traffic violation, as defined in Section 1-187.001 of the
Illinois Vehicle Code, shall pay an additional fee of $20, to
be disbursed as provided in Section 16-104d of that Code.
    This subsection (m) becomes inoperative 7 years after
October 13, 2007 (the effective date of Public Act 95-154).
    (n) The provisions of paragraph (c) shall not apply to any
person under the age of 18 who commits an offense against
traffic regulations governing the movement of vehicles or any
violation of Section 6-107 or Section 12-603.1 of the Illinois
Vehicle Code, except upon personal appearance of the defendant
in court and upon the written consent of the defendant's parent
or legal guardian, executed before the presiding judge. The
presiding judge shall have the authority to waive this
requirement upon the showing of good cause by the defendant.
    (o) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 6-303 of the Illinois
Vehicle Code or a similar provision of a local ordinance when
the suspension was for a violation of Section 11-501.1 of the
Illinois Vehicle Code and when:
        (1) at the time of the violation of Section 11-501.1 of
    the Illinois Vehicle Code, the defendant was a first
    offender pursuant to Section 11-500 of the Illinois Vehicle
    Code and the defendant failed to obtain a monitoring device
    driving permit; or
        (2) at the time of the violation of Section 11-501.1 of
    the Illinois Vehicle Code, the defendant was a first
    offender pursuant to Section 11-500 of the Illinois Vehicle
    Code, had subsequently obtained a monitoring device
    driving permit, but was driving a vehicle not equipped with
    a breath alcohol ignition interlock device as defined in
    Section 1-129.1 of the Illinois Vehicle Code.
(Source: P.A. 94-169, eff. 1-1-06; 94-330, eff. 1-1-06; 94-375,
eff. 1-1-06; 94-1009, eff. 1-1-07; 95-154, eff. 10-13-07;
95-302, eff. 1-1-08; 95-310, eff. 1-1-08; 95-377, eff. 1-1-08;
95-400, eff. 1-1-09; 95-428, 8-24-07; 95-876, eff. 8-21-08;
revised 10-30-08.)
 
    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
    (Text of Section before amendment by P.A. 95-983)
    Sec. 5-6-3. Conditions of Probation and of Conditional
Discharge.
    (a) The conditions of probation and of conditional
discharge shall be that the person:
        (1) not violate any criminal statute of any
    jurisdiction;
        (2) report to or appear in person before such person or
    agency as directed by the court;
        (3) refrain from possessing a firearm or other
    dangerous weapon;
        (4) not leave the State without the consent of the
    court or, in circumstances in which the reason for the
    absence is of such an emergency nature that prior consent
    by the court is not possible, without the prior
    notification and approval of the person's probation
    officer. Transfer of a person's probation or conditional
    discharge supervision to another state is subject to
    acceptance by the other state pursuant to the Interstate
    Compact for Adult Offender Supervision;
        (5) permit the probation officer to visit him at his
    home or elsewhere to the extent necessary to discharge his
    duties;
        (6) perform no less than 30 hours of community service
    and not more than 120 hours of community service, if
    community service is available in the jurisdiction and is
    funded and approved by the county board where the offense
    was committed, where the offense was related to or in
    furtherance of the criminal activities of an organized gang
    and was motivated by the offender's membership in or
    allegiance to an organized gang. The community service
    shall include, but not be limited to, the cleanup and
    repair of any damage caused by a violation of Section
    21-1.3 of the Criminal Code of 1961 and similar damage to
    property located within the municipality or county in which
    the violation occurred. When possible and reasonable, the
    community service should be performed in the offender's
    neighborhood. For purposes of this Section, "organized
    gang" has the meaning ascribed to it in Section 10 of the
    Illinois Streetgang Terrorism Omnibus Prevention Act;
        (7) if he or she is at least 17 years of age and has
    been sentenced to probation or conditional discharge for a
    misdemeanor or felony in a county of 3,000,000 or more
    inhabitants and has not been previously convicted of a
    misdemeanor or felony, may be required by the sentencing
    court to attend educational courses designed to prepare the
    defendant for a high school diploma and to work toward a
    high school diploma or to work toward passing the high
    school level Test of General Educational Development (GED)
    or to work toward completing a vocational training program
    approved by the court. The person on probation or
    conditional discharge must attend a public institution of
    education to obtain the educational or vocational training
    required by this clause (7). The court shall revoke the
    probation or conditional discharge of a person who wilfully
    fails to comply with this clause (7). The person on
    probation or conditional discharge shall be required to pay
    for the cost of the educational courses or GED test, if a
    fee is charged for those courses or test. The court shall
    resentence the offender whose probation or conditional
    discharge has been revoked as provided in Section 5-6-4.
    This clause (7) does not apply to a person who has a high
    school diploma or has successfully passed the GED test.
    This clause (7) does not apply to a person who is
    determined by the court to be developmentally disabled or
    otherwise mentally incapable of completing the educational
    or vocational program;
        (8) if convicted of possession of a substance
    prohibited by the Cannabis Control Act, the Illinois
    Controlled Substances Act, or the Methamphetamine Control
    and Community Protection Act after a previous conviction or
    disposition of supervision for possession of a substance
    prohibited by the Cannabis Control Act or Illinois
    Controlled Substances Act or after a sentence of probation
    under Section 10 of the Cannabis Control Act, Section 410
    of the Illinois Controlled Substances Act, or Section 70 of
    the Methamphetamine Control and Community Protection Act
    and upon a finding by the court that the person is
    addicted, undergo treatment at a substance abuse program
    approved by the court;
        (8.5) if convicted of a felony sex offense as defined
    in the Sex Offender Management Board Act, the person shall
    undergo and successfully complete sex offender treatment
    by a treatment provider approved by the Board and conducted
    in conformance with the standards developed under the Sex
    Offender Management Board Act;
        (8.6) if convicted of a sex offense as defined in the
    Sex Offender Management Board Act, refrain from residing at
    the same address or in the same condominium unit or
    apartment unit or in the same condominium complex or
    apartment complex with another person he or she knows or
    reasonably should know is a convicted sex offender or has
    been placed on supervision for a sex offense; the
    provisions of this paragraph do not apply to a person
    convicted of a sex offense who is placed in a Department of
    Corrections licensed transitional housing facility for sex
    offenders;
        (8.7) if convicted for an offense committed on or after
    the effective date of this amendatory Act of the 95th
    General Assembly that would qualify the accused as a child
    sex offender as defined in Section 11-9.3 or 11-9.4 of the
    Criminal Code of 1961, refrain from communicating with or
    contacting, by means of the Internet, a person who is not
    related to the accused and whom the accused reasonably
    believes to be under 18 years of age; for purposes of this
    paragraph (8.7), "Internet" has the meaning ascribed to it
    in Section 16J-5 of the Criminal Code of 1961; and a person
    is not related to the accused if the person is not: (i) the
    spouse, brother, or sister of the accused; (ii) a
    descendant of the accused; (iii) a first or second cousin
    of the accused; or (iv) a step-child or adopted child of
    the accused;
        (9) if convicted of a felony, physically surrender at a
    time and place designated by the court, his or her Firearm
    Owner's Identification Card and any and all firearms in his
    or her possession; and
        (10) if convicted of a sex offense as defined in
    subsection (a-5) of Section 3-1-2 of this Code, unless the
    offender is a parent or guardian of the person under 18
    years of age present in the home and no non-familial minors
    are present, not participate in a holiday event involving
    children under 18 years of age, such as distributing candy
    or other items to children on Halloween, wearing a Santa
    Claus costume on or preceding Christmas, being employed as
    a department store Santa Claus, or wearing an Easter Bunny
    costume on or preceding Easter.
    (b) The Court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the Court require that
the person:
        (1) serve a term of periodic imprisonment under Article
    7 for a period not to exceed that specified in paragraph
    (d) of Section 5-7-1;
        (2) pay a fine and costs;
        (3) work or pursue a course of study or vocational
    training;
        (4) undergo medical, psychological or psychiatric
    treatment; or treatment for drug addiction or alcoholism;
        (5) attend or reside in a facility established for the
    instruction or residence of defendants on probation;
        (6) support his dependents;
        (7) and in addition, if a minor:
            (i) reside with his parents or in a foster home;
            (ii) attend school;
            (iii) attend a non-residential program for youth;
            (iv) contribute to his own support at home or in a
        foster home;
            (v) with the consent of the superintendent of the
        facility, attend an educational program at a facility
        other than the school in which the offense was
        committed if he or she is convicted of a crime of
        violence as defined in Section 2 of the Crime Victims
        Compensation Act committed in a school, on the real
        property comprising a school, or within 1,000 feet of
        the real property comprising a school;
        (8) make restitution as provided in Section 5-5-6 of
    this Code;
        (9) perform some reasonable public or community
    service;
        (10) serve a term of home confinement. In addition to
    any other applicable condition of probation or conditional
    discharge, the conditions of home confinement shall be that
    the offender:
            (i) remain within the interior premises of the
        place designated for his confinement during the hours
        designated by the court;
            (ii) admit any person or agent designated by the
        court into the offender's place of confinement at any
        time for purposes of verifying the offender's
        compliance with the conditions of his confinement; and
            (iii) if further deemed necessary by the court or
        the Probation or Court Services Department, be placed
        on an approved electronic monitoring device, subject
        to Article 8A of Chapter V;
            (iv) for persons convicted of any alcohol,
        cannabis or controlled substance violation who are
        placed on an approved monitoring device as a condition
        of probation or conditional discharge, the court shall
        impose a reasonable fee for each day of the use of the
        device, as established by the county board in
        subsection (g) of this Section, unless after
        determining the inability of the offender to pay the
        fee, the court assesses a lesser fee or no fee as the
        case may be. This fee shall be imposed in addition to
        the fees imposed under subsections (g) and (i) of this
        Section. The fee shall be collected by the clerk of the
        circuit court. The clerk of the circuit court shall pay
        all monies collected from this fee to the county
        treasurer for deposit in the substance abuse services
        fund under Section 5-1086.1 of the Counties Code; and
            (v) for persons convicted of offenses other than
        those referenced in clause (iv) above and who are
        placed on an approved monitoring device as a condition
        of probation or conditional discharge, the court shall
        impose a reasonable fee for each day of the use of the
        device, as established by the county board in
        subsection (g) of this Section, unless after
        determining the inability of the defendant to pay the
        fee, the court assesses a lesser fee or no fee as the
        case may be. This fee shall be imposed in addition to
        the fees imposed under subsections (g) and (i) of this
        Section. The fee shall be collected by the clerk of the
        circuit court. The clerk of the circuit court shall pay
        all monies collected from this fee to the county
        treasurer who shall use the monies collected to defray
        the costs of corrections. The county treasurer shall
        deposit the fee collected in the county working cash
        fund under Section 6-27001 or Section 6-29002 of the
        Counties Code, as the case may be.
        (11) comply with the terms and conditions of an order
    of protection issued by the court pursuant to the Illinois
    Domestic Violence Act of 1986, as now or hereafter amended,
    or an order of protection issued by the court of another
    state, tribe, or United States territory. A copy of the
    order of protection shall be transmitted to the probation
    officer or agency having responsibility for the case;
        (12) reimburse any "local anti-crime program" as
    defined in Section 7 of the Anti-Crime Advisory Council Act
    for any reasonable expenses incurred by the program on the
    offender's case, not to exceed the maximum amount of the
    fine authorized for the offense for which the defendant was
    sentenced;
        (13) contribute a reasonable sum of money, not to
    exceed the maximum amount of the fine authorized for the
    offense for which the defendant was sentenced, (i) to a
    "local anti-crime program", as defined in Section 7 of the
    Anti-Crime Advisory Council Act, or (ii) for offenses under
    the jurisdiction of the Department of Natural Resources, to
    the fund established by the Department of Natural Resources
    for the purchase of evidence for investigation purposes and
    to conduct investigations as outlined in Section 805-105 of
    the Department of Natural Resources (Conservation) Law;
        (14) refrain from entering into a designated
    geographic area except upon such terms as the court finds
    appropriate. Such terms may include consideration of the
    purpose of the entry, the time of day, other persons
    accompanying the defendant, and advance approval by a
    probation officer, if the defendant has been placed on
    probation or advance approval by the court, if the
    defendant was placed on conditional discharge;
        (15) refrain from having any contact, directly or
    indirectly, with certain specified persons or particular
    types of persons, including but not limited to members of
    street gangs and drug users or dealers;
        (16) refrain from having in his or her body the
    presence of any illicit drug prohibited by the Cannabis
    Control Act, the Illinois Controlled Substances Act, or the
    Methamphetamine Control and Community Protection Act,
    unless prescribed by a physician, and submit samples of his
    or her blood or urine or both for tests to determine the
    presence of any illicit drug; and
        (17) if convicted for an offense committed on or after
    the effective date of this amendatory Act of the 95th
    General Assembly that would qualify the accused as a child
    sex offender as defined in Section 11-9.3 or 11-9.4 of the
    Criminal Code of 1961, refrain from communicating with or
    contacting, by means of the Internet, a person who is
    related to the accused and whom the accused reasonably
    believes to be under 18 years of age; for purposes of this
    paragraph (17), "Internet" has the meaning ascribed to it
    in Section 16J-5 of the Criminal Code of 1961; and a person
    is related to the accused if the person is: (i) the spouse,
    brother, or sister of the accused; (ii) a descendant of the
    accused; (iii) a first or second cousin of the accused; or
    (iv) a step-child or adopted child of the accused.
    (c) The court may as a condition of probation or of
conditional discharge require that a person under 18 years of
age found guilty of any alcohol, cannabis or controlled
substance violation, refrain from acquiring a driver's license
during the period of probation or conditional discharge. If
such person is in possession of a permit or license, the court
may require that the minor refrain from driving or operating
any motor vehicle during the period of probation or conditional
discharge, except as may be necessary in the course of the
minor's lawful employment.
    (d) An offender sentenced to probation or to conditional
discharge shall be given a certificate setting forth the
conditions thereof.
    (e) Except where the offender has committed a fourth or
subsequent violation of subsection (c) of Section 6-303 of the
Illinois Vehicle Code, the court shall not require as a
condition of the sentence of probation or conditional discharge
that the offender be committed to a period of imprisonment in
excess of 6 months. This 6 month limit shall not include
periods of confinement given pursuant to a sentence of county
impact incarceration under Section 5-8-1.2.
    Persons committed to imprisonment as a condition of
probation or conditional discharge shall not be committed to
the Department of Corrections.
    (f) The court may combine a sentence of periodic
imprisonment under Article 7 or a sentence to a county impact
incarceration program under Article 8 with a sentence of
probation or conditional discharge.
    (g) An offender sentenced to probation or to conditional
discharge and who during the term of either undergoes mandatory
drug or alcohol testing, or both, or is assigned to be placed
on an approved electronic monitoring device, shall be ordered
to pay all costs incidental to such mandatory drug or alcohol
testing, or both, and all costs incidental to such approved
electronic monitoring in accordance with the defendant's
ability to pay those costs. The county board with the
concurrence of the Chief Judge of the judicial circuit in which
the county is located shall establish reasonable fees for the
cost of maintenance, testing, and incidental expenses related
to the mandatory drug or alcohol testing, or both, and all
costs incidental to approved electronic monitoring, involved
in a successful probation program for the county. The
concurrence of the Chief Judge shall be in the form of an
administrative order. The fees shall be collected by the clerk
of the circuit court. The clerk of the circuit court shall pay
all moneys collected from these fees to the county treasurer
who shall use the moneys collected to defray the costs of drug
testing, alcohol testing, and electronic monitoring. The
county treasurer shall deposit the fees collected in the county
working cash fund under Section 6-27001 or Section 6-29002 of
the Counties Code, as the case may be.
    (h) Jurisdiction over an offender may be transferred from
the sentencing court to the court of another circuit with the
concurrence of both courts. Further transfers or retransfers of
jurisdiction are also authorized in the same manner. The court
to which jurisdiction has been transferred shall have the same
powers as the sentencing court.
    (i) The court shall impose upon an offender sentenced to
probation after January 1, 1989 or to conditional discharge
after January 1, 1992 or to community service under the
supervision of a probation or court services department after
January 1, 2004, as a condition of such probation or
conditional discharge or supervised community service, a fee of
$50 for each month of probation or conditional discharge
supervision or supervised community service ordered by the
court, unless after determining the inability of the person
sentenced to probation or conditional discharge or supervised
community service to pay the fee, the court assesses a lesser
fee. The court may not impose the fee on a minor who is made a
ward of the State under the Juvenile Court Act of 1987 while
the minor is in placement. The fee shall be imposed only upon
an offender who is actively supervised by the probation and
court services department. The fee shall be collected by the
clerk of the circuit court. The clerk of the circuit court
shall pay all monies collected from this fee to the county
treasurer for deposit in the probation and court services fund
under Section 15.1 of the Probation and Probation Officers Act.
    A circuit court may not impose a probation fee under this
subsection (i) in excess of $25 per month unless: (1) the
circuit court has adopted, by administrative order issued by
the chief judge, a standard probation fee guide determining an
offender's ability to pay, under guidelines developed by the
Administrative Office of the Illinois Courts; and (2) the
circuit court has authorized, by administrative order issued by
the chief judge, the creation of a Crime Victim's Services
Fund, to be administered by the Chief Judge or his or her
designee, for services to crime victims and their families. Of
the amount collected as a probation fee, up to $5 of that fee
collected per month may be used to provide services to crime
victims and their families.
    This amendatory Act of the 93rd General Assembly deletes
the $10 increase in the fee under this subsection that was
imposed by Public Act 93-616. This deletion is intended to
control over any other Act of the 93rd General Assembly that
retains or incorporates that fee increase.
    (i-5) In addition to the fees imposed under subsection (i)
of this Section, in the case of an offender convicted of a
felony sex offense (as defined in the Sex Offender Management
Board Act) or an offense that the court or probation department
has determined to be sexually motivated (as defined in the Sex
Offender Management Board Act), the court or the probation
department shall assess additional fees to pay for all costs of
treatment, assessment, evaluation for risk and treatment, and
monitoring the offender, based on that offender's ability to
pay those costs either as they occur or under a payment plan.
    (j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and any
violation of the Child Passenger Protection Act, or a similar
provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
    (k) Any offender who is sentenced to probation or
conditional discharge for a felony sex offense as defined in
the Sex Offender Management Board Act or any offense that the
court or probation department has determined to be sexually
motivated as defined in the Sex Offender Management Board Act
shall be required to refrain from any contact, directly or
indirectly, with any persons specified by the court and shall
be available for all evaluations and treatment programs
required by the court or the probation department.
    (l) The court may order an offender who is sentenced to
probation or conditional discharge for a violation of an order
of protection be placed under electronic surveillance as
provided in Section 5-8A-7 of this Code.
(Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05;
94-556, eff. 9-11-05; 95-331, eff. 8-21-07; 95-464, eff.
6-1-08; 95-578, eff. 6-1-08; 95-696, eff. 6-1-08; 95-773, eff.
1-1-09; 95-876, eff. 8-21-08.)
 
    (Text of Section after amendment by P.A. 95-983)
    Sec. 5-6-3. Conditions of Probation and of Conditional
Discharge.
    (a) The conditions of probation and of conditional
discharge shall be that the person:
        (1) not violate any criminal statute of any
    jurisdiction;
        (2) report to or appear in person before such person or
    agency as directed by the court;
        (3) refrain from possessing a firearm or other
    dangerous weapon;
        (4) not leave the State without the consent of the
    court or, in circumstances in which the reason for the
    absence is of such an emergency nature that prior consent
    by the court is not possible, without the prior
    notification and approval of the person's probation
    officer. Transfer of a person's probation or conditional
    discharge supervision to another state is subject to
    acceptance by the other state pursuant to the Interstate
    Compact for Adult Offender Supervision;
        (5) permit the probation officer to visit him at his
    home or elsewhere to the extent necessary to discharge his
    duties;
        (6) perform no less than 30 hours of community service
    and not more than 120 hours of community service, if
    community service is available in the jurisdiction and is
    funded and approved by the county board where the offense
    was committed, where the offense was related to or in
    furtherance of the criminal activities of an organized gang
    and was motivated by the offender's membership in or
    allegiance to an organized gang. The community service
    shall include, but not be limited to, the cleanup and
    repair of any damage caused by a violation of Section
    21-1.3 of the Criminal Code of 1961 and similar damage to
    property located within the municipality or county in which
    the violation occurred. When possible and reasonable, the
    community service should be performed in the offender's
    neighborhood. For purposes of this Section, "organized
    gang" has the meaning ascribed to it in Section 10 of the
    Illinois Streetgang Terrorism Omnibus Prevention Act;
        (7) if he or she is at least 17 years of age and has
    been sentenced to probation or conditional discharge for a
    misdemeanor or felony in a county of 3,000,000 or more
    inhabitants and has not been previously convicted of a
    misdemeanor or felony, may be required by the sentencing
    court to attend educational courses designed to prepare the
    defendant for a high school diploma and to work toward a
    high school diploma or to work toward passing the high
    school level Test of General Educational Development (GED)
    or to work toward completing a vocational training program
    approved by the court. The person on probation or
    conditional discharge must attend a public institution of
    education to obtain the educational or vocational training
    required by this clause (7). The court shall revoke the
    probation or conditional discharge of a person who wilfully
    fails to comply with this clause (7). The person on
    probation or conditional discharge shall be required to pay
    for the cost of the educational courses or GED test, if a
    fee is charged for those courses or test. The court shall
    resentence the offender whose probation or conditional
    discharge has been revoked as provided in Section 5-6-4.
    This clause (7) does not apply to a person who has a high
    school diploma or has successfully passed the GED test.
    This clause (7) does not apply to a person who is
    determined by the court to be developmentally disabled or
    otherwise mentally incapable of completing the educational
    or vocational program;
        (8) if convicted of possession of a substance
    prohibited by the Cannabis Control Act, the Illinois
    Controlled Substances Act, or the Methamphetamine Control
    and Community Protection Act after a previous conviction or
    disposition of supervision for possession of a substance
    prohibited by the Cannabis Control Act or Illinois
    Controlled Substances Act or after a sentence of probation
    under Section 10 of the Cannabis Control Act, Section 410
    of the Illinois Controlled Substances Act, or Section 70 of
    the Methamphetamine Control and Community Protection Act
    and upon a finding by the court that the person is
    addicted, undergo treatment at a substance abuse program
    approved by the court;
        (8.5) if convicted of a felony sex offense as defined
    in the Sex Offender Management Board Act, the person shall
    undergo and successfully complete sex offender treatment
    by a treatment provider approved by the Board and conducted
    in conformance with the standards developed under the Sex
    Offender Management Board Act;
        (8.6) if convicted of a sex offense as defined in the
    Sex Offender Management Board Act, refrain from residing at
    the same address or in the same condominium unit or
    apartment unit or in the same condominium complex or
    apartment complex with another person he or she knows or
    reasonably should know is a convicted sex offender or has
    been placed on supervision for a sex offense; the
    provisions of this paragraph do not apply to a person
    convicted of a sex offense who is placed in a Department of
    Corrections licensed transitional housing facility for sex
    offenders;
        (8.7) if convicted for an offense committed on or after
    June 1, 2008 (the effective date of Public Act 95-464) this
    amendatory Act of the 95th General Assembly that would
    qualify the accused as a child sex offender as defined in
    Section 11-9.3 or 11-9.4 of the Criminal Code of 1961,
    refrain from communicating with or contacting, by means of
    the Internet, a person who is not related to the accused
    and whom the accused reasonably believes to be under 18
    years of age; for purposes of this paragraph (8.7),
    "Internet" has the meaning ascribed to it in Section 16J-5
    of the Criminal Code of 1961; and a person is not related
    to the accused if the person is not: (i) the spouse,
    brother, or sister of the accused; (ii) a descendant of the
    accused; (iii) a first or second cousin of the accused; or
    (iv) a step-child or adopted child of the accused;
        (8.8) if convicted for an offense under Section 11-6,
    11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal
    Code of 1961, or any attempt to commit any of these
    offenses, committed on or after June 1, 2009 (the effective
    date of Public Act 95-983) this amendatory Act of the 95th
    General Assembly:
            (i) not access or use a computer or any other
        device with Internet capability without the prior
        written approval of the offender's probation officer,
        except in connection with the offender's employment or
        search for employment with the prior approval of the
        offender's probation officer;
            (ii) submit to periodic unannounced examinations
        of the offender's computer or any other device with
        Internet capability by the offender's probation
        officer, a law enforcement officer, or assigned
        computer or information technology specialist,
        including the retrieval and copying of all data from
        the computer or device and any internal or external
        peripherals and removal of such information,
        equipment, or device to conduct a more thorough
        inspection;
            (iii) submit to the installation on the offender's
        computer or device with Internet capability, at the
        offender's expense, of one or more hardware or software
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions
        concerning the offender's use of or access to a
        computer or any other device with Internet capability
        imposed by the offender's probation officer;
        (9) if convicted of a felony, physically surrender at a
    time and place designated by the court, his or her Firearm
    Owner's Identification Card and any and all firearms in his
    or her possession; and
        (10) if convicted of a sex offense as defined in
    subsection (a-5) of Section 3-1-2 of this Code, unless the
    offender is a parent or guardian of the person under 18
    years of age present in the home and no non-familial minors
    are present, not participate in a holiday event involving
    children under 18 years of age, such as distributing candy
    or other items to children on Halloween, wearing a Santa
    Claus costume on or preceding Christmas, being employed as
    a department store Santa Claus, or wearing an Easter Bunny
    costume on or preceding Easter.
    (b) The Court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the Court require that
the person:
        (1) serve a term of periodic imprisonment under Article
    7 for a period not to exceed that specified in paragraph
    (d) of Section 5-7-1;
        (2) pay a fine and costs;
        (3) work or pursue a course of study or vocational
    training;
        (4) undergo medical, psychological or psychiatric
    treatment; or treatment for drug addiction or alcoholism;
        (5) attend or reside in a facility established for the
    instruction or residence of defendants on probation;
        (6) support his dependents;
        (7) and in addition, if a minor:
            (i) reside with his parents or in a foster home;
            (ii) attend school;
            (iii) attend a non-residential program for youth;
            (iv) contribute to his own support at home or in a
        foster home;
            (v) with the consent of the superintendent of the
        facility, attend an educational program at a facility
        other than the school in which the offense was
        committed if he or she is convicted of a crime of
        violence as defined in Section 2 of the Crime Victims
        Compensation Act committed in a school, on the real
        property comprising a school, or within 1,000 feet of
        the real property comprising a school;
        (8) make restitution as provided in Section 5-5-6 of
    this Code;
        (9) perform some reasonable public or community
    service;
        (10) serve a term of home confinement. In addition to
    any other applicable condition of probation or conditional
    discharge, the conditions of home confinement shall be that
    the offender:
            (i) remain within the interior premises of the
        place designated for his confinement during the hours
        designated by the court;
            (ii) admit any person or agent designated by the
        court into the offender's place of confinement at any
        time for purposes of verifying the offender's
        compliance with the conditions of his confinement; and
            (iii) if further deemed necessary by the court or
        the Probation or Court Services Department, be placed
        on an approved electronic monitoring device, subject
        to Article 8A of Chapter V;
            (iv) for persons convicted of any alcohol,
        cannabis or controlled substance violation who are
        placed on an approved monitoring device as a condition
        of probation or conditional discharge, the court shall
        impose a reasonable fee for each day of the use of the
        device, as established by the county board in
        subsection (g) of this Section, unless after
        determining the inability of the offender to pay the
        fee, the court assesses a lesser fee or no fee as the
        case may be. This fee shall be imposed in addition to
        the fees imposed under subsections (g) and (i) of this
        Section. The fee shall be collected by the clerk of the
        circuit court. The clerk of the circuit court shall pay
        all monies collected from this fee to the county
        treasurer for deposit in the substance abuse services
        fund under Section 5-1086.1 of the Counties Code; and
            (v) for persons convicted of offenses other than
        those referenced in clause (iv) above and who are
        placed on an approved monitoring device as a condition
        of probation or conditional discharge, the court shall
        impose a reasonable fee for each day of the use of the
        device, as established by the county board in
        subsection (g) of this Section, unless after
        determining the inability of the defendant to pay the
        fee, the court assesses a lesser fee or no fee as the
        case may be. This fee shall be imposed in addition to
        the fees imposed under subsections (g) and (i) of this
        Section. The fee shall be collected by the clerk of the
        circuit court. The clerk of the circuit court shall pay
        all monies collected from this fee to the county
        treasurer who shall use the monies collected to defray
        the costs of corrections. The county treasurer shall
        deposit the fee collected in the county working cash
        fund under Section 6-27001 or Section 6-29002 of the
        Counties Code, as the case may be.
        (11) comply with the terms and conditions of an order
    of protection issued by the court pursuant to the Illinois
    Domestic Violence Act of 1986, as now or hereafter amended,
    or an order of protection issued by the court of another
    state, tribe, or United States territory. A copy of the
    order of protection shall be transmitted to the probation
    officer or agency having responsibility for the case;
        (12) reimburse any "local anti-crime program" as
    defined in Section 7 of the Anti-Crime Advisory Council Act
    for any reasonable expenses incurred by the program on the
    offender's case, not to exceed the maximum amount of the
    fine authorized for the offense for which the defendant was
    sentenced;
        (13) contribute a reasonable sum of money, not to
    exceed the maximum amount of the fine authorized for the
    offense for which the defendant was sentenced, (i) to a
    "local anti-crime program", as defined in Section 7 of the
    Anti-Crime Advisory Council Act, or (ii) for offenses under
    the jurisdiction of the Department of Natural Resources, to
    the fund established by the Department of Natural Resources
    for the purchase of evidence for investigation purposes and
    to conduct investigations as outlined in Section 805-105 of
    the Department of Natural Resources (Conservation) Law;
        (14) refrain from entering into a designated
    geographic area except upon such terms as the court finds
    appropriate. Such terms may include consideration of the
    purpose of the entry, the time of day, other persons
    accompanying the defendant, and advance approval by a
    probation officer, if the defendant has been placed on
    probation or advance approval by the court, if the
    defendant was placed on conditional discharge;
        (15) refrain from having any contact, directly or
    indirectly, with certain specified persons or particular
    types of persons, including but not limited to members of
    street gangs and drug users or dealers;
        (16) refrain from having in his or her body the
    presence of any illicit drug prohibited by the Cannabis
    Control Act, the Illinois Controlled Substances Act, or the
    Methamphetamine Control and Community Protection Act,
    unless prescribed by a physician, and submit samples of his
    or her blood or urine or both for tests to determine the
    presence of any illicit drug;
        (17) if convicted for an offense committed on or after
    June 1, 2008 (the effective date of Public Act 95-464) this
    amendatory Act of the 95th General Assembly that would
    qualify the accused as a child sex offender as defined in
    Section 11-9.3 or 11-9.4 of the Criminal Code of 1961,
    refrain from communicating with or contacting, by means of
    the Internet, a person who is related to the accused and
    whom the accused reasonably believes to be under 18 years
    of age; for purposes of this paragraph (17), "Internet" has
    the meaning ascribed to it in Section 16J-5 of the Criminal
    Code of 1961; and a person is related to the accused if the
    person is: (i) the spouse, brother, or sister of the
    accused; (ii) a descendant of the accused; (iii) a first or
    second cousin of the accused; or (iv) a step-child or
    adopted child of the accused; and
        (18) if convicted for an offense committed on or after
    June 1, 2009 (the effective date of Public Act 95-983) this
    amendatory Act of the 95th General Assembly that would
    qualify as a sex offense as defined in the Sex Offender
    Registration Act:
            (i) not access or use a computer or any other
        device with Internet capability without the prior
        written approval of the offender's probation officer,
        except in connection with the offender's employment or
        search for employment with the prior approval of the
        offender's probation officer;
            (ii) submit to periodic unannounced examinations
        of the offender's computer or any other device with
        Internet capability by the offender's probation
        officer, a law enforcement officer, or assigned
        computer or information technology specialist,
        including the retrieval and copying of all data from
        the computer or device and any internal or external
        peripherals and removal of such information,
        equipment, or device to conduct a more thorough
        inspection;
            (iii) submit to the installation on the offender's
        computer or device with Internet capability, at the
        subject's expense, of one or more hardware or software
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions
        concerning the offender's use of or access to a
        computer or any other device with Internet capability
        imposed by the offender's probation officer.
    (c) The court may as a condition of probation or of
conditional discharge require that a person under 18 years of
age found guilty of any alcohol, cannabis or controlled
substance violation, refrain from acquiring a driver's license
during the period of probation or conditional discharge. If
such person is in possession of a permit or license, the court
may require that the minor refrain from driving or operating
any motor vehicle during the period of probation or conditional
discharge, except as may be necessary in the course of the
minor's lawful employment.
    (d) An offender sentenced to probation or to conditional
discharge shall be given a certificate setting forth the
conditions thereof.
    (e) Except where the offender has committed a fourth or
subsequent violation of subsection (c) of Section 6-303 of the
Illinois Vehicle Code, the court shall not require as a
condition of the sentence of probation or conditional discharge
that the offender be committed to a period of imprisonment in
excess of 6 months. This 6 month limit shall not include
periods of confinement given pursuant to a sentence of county
impact incarceration under Section 5-8-1.2.
    Persons committed to imprisonment as a condition of
probation or conditional discharge shall not be committed to
the Department of Corrections.
    (f) The court may combine a sentence of periodic
imprisonment under Article 7 or a sentence to a county impact
incarceration program under Article 8 with a sentence of
probation or conditional discharge.
    (g) An offender sentenced to probation or to conditional
discharge and who during the term of either undergoes mandatory
drug or alcohol testing, or both, or is assigned to be placed
on an approved electronic monitoring device, shall be ordered
to pay all costs incidental to such mandatory drug or alcohol
testing, or both, and all costs incidental to such approved
electronic monitoring in accordance with the defendant's
ability to pay those costs. The county board with the
concurrence of the Chief Judge of the judicial circuit in which
the county is located shall establish reasonable fees for the
cost of maintenance, testing, and incidental expenses related
to the mandatory drug or alcohol testing, or both, and all
costs incidental to approved electronic monitoring, involved
in a successful probation program for the county. The
concurrence of the Chief Judge shall be in the form of an
administrative order. The fees shall be collected by the clerk
of the circuit court. The clerk of the circuit court shall pay
all moneys collected from these fees to the county treasurer
who shall use the moneys collected to defray the costs of drug
testing, alcohol testing, and electronic monitoring. The
county treasurer shall deposit the fees collected in the county
working cash fund under Section 6-27001 or Section 6-29002 of
the Counties Code, as the case may be.
    (h) Jurisdiction over an offender may be transferred from
the sentencing court to the court of another circuit with the
concurrence of both courts. Further transfers or retransfers of
jurisdiction are also authorized in the same manner. The court
to which jurisdiction has been transferred shall have the same
powers as the sentencing court.
    (i) The court shall impose upon an offender sentenced to
probation after January 1, 1989 or to conditional discharge
after January 1, 1992 or to community service under the
supervision of a probation or court services department after
January 1, 2004, as a condition of such probation or
conditional discharge or supervised community service, a fee of
$50 for each month of probation or conditional discharge
supervision or supervised community service ordered by the
court, unless after determining the inability of the person
sentenced to probation or conditional discharge or supervised
community service to pay the fee, the court assesses a lesser
fee. The court may not impose the fee on a minor who is made a
ward of the State under the Juvenile Court Act of 1987 while
the minor is in placement. The fee shall be imposed only upon
an offender who is actively supervised by the probation and
court services department. The fee shall be collected by the
clerk of the circuit court. The clerk of the circuit court
shall pay all monies collected from this fee to the county
treasurer for deposit in the probation and court services fund
under Section 15.1 of the Probation and Probation Officers Act.
    A circuit court may not impose a probation fee under this
subsection (i) in excess of $25 per month unless: (1) the
circuit court has adopted, by administrative order issued by
the chief judge, a standard probation fee guide determining an
offender's ability to pay, under guidelines developed by the
Administrative Office of the Illinois Courts; and (2) the
circuit court has authorized, by administrative order issued by
the chief judge, the creation of a Crime Victim's Services
Fund, to be administered by the Chief Judge or his or her
designee, for services to crime victims and their families. Of
the amount collected as a probation fee, up to $5 of that fee
collected per month may be used to provide services to crime
victims and their families.
    This amendatory Act of the 93rd General Assembly deletes
the $10 increase in the fee under this subsection that was
imposed by Public Act 93-616. This deletion is intended to
control over any other Act of the 93rd General Assembly that
retains or incorporates that fee increase.
    (i-5) In addition to the fees imposed under subsection (i)
of this Section, in the case of an offender convicted of a
felony sex offense (as defined in the Sex Offender Management
Board Act) or an offense that the court or probation department
has determined to be sexually motivated (as defined in the Sex
Offender Management Board Act), the court or the probation
department shall assess additional fees to pay for all costs of
treatment, assessment, evaluation for risk and treatment, and
monitoring the offender, based on that offender's ability to
pay those costs either as they occur or under a payment plan.
    (j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and any
violation of the Child Passenger Protection Act, or a similar
provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
    (k) Any offender who is sentenced to probation or
conditional discharge for a felony sex offense as defined in
the Sex Offender Management Board Act or any offense that the
court or probation department has determined to be sexually
motivated as defined in the Sex Offender Management Board Act
shall be required to refrain from any contact, directly or
indirectly, with any persons specified by the court and shall
be available for all evaluations and treatment programs
required by the court or the probation department.
    (l) The court may order an offender who is sentenced to
probation or conditional discharge for a violation of an order
of protection be placed under electronic surveillance as
provided in Section 5-8A-7 of this Code.
(Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05;
94-556, eff. 9-11-05; 95-331, eff. 8-21-07; 95-464, eff.
6-1-08; 95-578, eff. 6-1-08; 95-696, eff. 6-1-08; 95-773, eff.
1-1-09; 95-876, eff. 8-21-08; 95-983, eff. 6-1-09; revised
10-20-08.)
 
    Section 365. The Code of Civil Procedure is amended by
changing Sections 15-1107, 15-1206, 15-1217, 15-1222, and
15-1302 as follows:
 
    (735 ILCS 5/15-1107)  (from Ch. 110, par. 15-1107)
    Sec. 15-1107. Mode of Procedure.
    (a) Other Statutes. Except as otherwise provided in this
Article, the mode of procedure, including the manner of service
of pleadings and other papers and service by publication, shall
be in accordance with the provisions of Article II of the
Illinois Code of Civil Procedure and any other statutes of this
State which are from time to time applicable, and with Illinois
Supreme Court Rules applicable to actions generally or
otherwise applicable. If a mortgage lien is being foreclosed
under this Article and one or more non-mortgage liens or
encumbrances is being foreclosed or enforced in the same
proceedings, then, regardless of the respective priorities of
the various liens or encumbrances, the procedures and all other
provisions of this Article shall govern such proceedings, and
any inconsistent statutory provisions shall not be applicable.
Without limiting the foregoing, any provision of Article XII or
any other Article of the Code of Civil Procedure shall apply
unless inconsistent with this Article and, in case of such
inconsistency, shall not be applicable to actions under this
Article.
    (b) Mechanics' Liens. Mechanics' liens shall be enforced as
provided in the Mechanics Mechanics' Lien Act; provided,
however, that any mechanics' lien claimant may assert such lien
in a foreclosure under this Article, may intervene in such
foreclosure in accordance with this Article and may be made a
party in such foreclosure.
    (c) Instruments Deemed a Mortgage. For the purpose of
proceeding under this Article, any instrument described in
paragraph (2) or (3) of subsection (a) of Section 15-1106, or
in subsection (b) or (c) of Section 15-1106 which is foreclosed
under this Article shall be deemed a mortgage. For such
purpose, the real estate installment contract purchaser, the
assignor of the beneficial interest in the land trust and the
debtor, as appropriate, shall be deemed the mortgagor, and the
real estate installment contract seller, the assignee of the
beneficial interest in the land trust and the secured party, as
appropriate, shall be deemed the mortgagee.
(Source: P.A. 85-907; revised 10-28-08.)
 
    (735 ILCS 5/15-1206)  (from Ch. 110, par. 15-1206)
    Sec. 15-1206. Mechanics' Lien. "Mechanics' lien" or
"mechanics' lien claim" means a lien or claim arising under the
Mechanics Mechanics' Lien Act.
(Source: P.A. 84-1462; revised 10-28-08.)
 
    (735 ILCS 5/15-1217)  (from Ch. 110, par. 15-1217)
    Sec. 15-1217. Recording of Instruments. "Recording of
instruments" or "to record" means to present to the Recorder a
document, in recordable form, which is to be recorded in
accordance with Section 3-5024 of the Counties Code 11 of the
Recorder's Act, together with the required recording fee. The
Registrar of Titles shall accept the filing of notices or
affidavits required or permitted by this Article without the
necessity of the production of evidence of title.
(Source: P.A. 84-1462; revised 10-28-08.)
 
    (735 ILCS 5/15-1222)  (from Ch. 110, par. 15-1222)
    Sec. 15-1222. Acts Referred to in this Article. Acts
referred to by name in this Article shall mean those Acts, as
amended from time to time, and, in particular:
    (a) "Torrens Act" means "An act concerning land titles",
approved May 1, 1897.
    (b) (Blank) "Recorder's Act" means "An act to revise the
law in relation to recorders", approved March 9, 1874.
    (c) "Mechanics Mechanics' Lien Act" means the Mechanics
Lien Act, 770 ILCS 60/Act "An Act relating to contractors' and
material men's liens, known as mechanics' liens", approved May
18, 1903, as amended.
(Source: P.A. 84-1462; revised 10-28-08.)
 
    (735 ILCS 5/15-1302)  (from Ch. 110, par. 15-1302)
    Sec. 15-1302. Certain Future Advances.
    (a) Advances Made After Eighteen Months. Except as provided
in subsection (b) of Section 15-1302, as to any monies advanced
or applied more than 18 months after a mortgage is recorded,
the mortgage shall be a lien as to subsequent purchasers and
judgment creditors only from the time such monies are advanced
or applied. However, nothing in this Section shall affect any
lien arising or existing by virtue of the Mechanics Mechanics'
Lien Act.
    (b) Exceptions.
        (1) All monies advanced or applied pursuant to
    commitment, whenever advanced or applied, shall be a lien
    from the time the mortgage is recorded. An advance shall be
    deemed made pursuant to commitment only if the mortgagee
    has bound itself to make such advance in the mortgage or in
    an instrument executed contemporaneously with, and
    referred to in, the mortgage, whether or not a subsequent
    event of default or other event not within the mortgagee's
    control has relieved or may relieve the mortgagee from its
    obligation.
        (2) All monies advanced or applied, whenever advanced
    or applied, in accordance with the terms of a reverse
    mortgage shall be a lien from the time the mortgage is
    recorded.
        (3) All monies advanced or applied in accordance with
    the terms of a revolving credit arrangement secured by a
    mortgage as authorized by law shall be a lien from the time
    the mortgage is recorded.
        (4) All interest which in accordance with the terms of
    a mortgage is accrued or added to the principal amount
    secured by the mortgage, whenever added, shall be a lien
    from the time the mortgage is recorded.
        (5) All monies advanced by the mortgagee in accordance
    with the terms of a mortgage to (i) preserve or restore the
    mortgaged real estate, (ii) preserve the lien of the
    mortgage or the priority thereof or (iii) enforce the
    mortgage, shall be a lien from the time the mortgage is
    recorded.
(Source: P.A. 84-1462; revised 10-28-08.)
 
    Section 370. The Eminent Domain Act is amended by changing
Section 15-5-20 and by setting forth and renumbering multiple
versions of Section 25-5-15 as follows:
 
    (735 ILCS 30/15-5-20)
    Sec. 15-5-20. Eminent domain powers in ILCS Chapters 105
through 115. The following provisions of law may include
express grants of the power to acquire property by condemnation
or eminent domain:
 
(105 ILCS 5/10-22.35A); School Code; school boards; for school
    buildings.
(105 ILCS 5/16-6); School Code; school boards; for adjacent
    property to enlarge a school site.
(105 ILCS 5/22-16); School Code; school boards; for school
    purposes.
(105 ILCS 5/32-4.13); School Code; special charter school
    districts; for school purposes.
(105 ILCS 5/34-20); School Code; Chicago Board of Education;
    for school purposes.
    (105 ILCS 5/35-5); School Code; School Building Commission; for
    school buildings and equipment.
    (105 ILCS 5/35-8); School Code; School Building Commission; for
    school building sites.
(110 ILCS 305/7); University of Illinois Act; Board of Trustees
    of the University of Illinois; for general purposes,
    including quick-take power.
(110 ILCS 325/2); University of Illinois at Chicago Land
    Transfer Act; Board of Trustees of the University of
    Illinois; for removal of limitations or restrictions on
    property conveyed by the Chicago Park District.
(110 ILCS 335/3); Institution for Tuberculosis Research Act;
    Board of Trustees of the University of Illinois; for the
    Institution for Tuberculosis Research.
(110 ILCS 525/3); Southern Illinois University Revenue Bond
    Act; Board of Trustees of Southern Illinois University; for
    general purposes.
(110 ILCS 615/3); State Colleges and Universities Revenue Bond
    Act of 1967; Board of Governors of State Colleges and
    Universities; for general purposes.
(110 ILCS 660/5-40); Chicago State University Law; Board of
    Trustees of Chicago State University; for general
    purposes.
(110 ILCS 661/6-10); Chicago State University Revenue Bond Law;
    Board of Trustees of Chicago State University; for general
    purposes.
(110 ILCS 665/10-40); Eastern Illinois University Law; Board of
    Trustees of Eastern Illinois University; for general
    purposes.
(110 ILCS 666/11-10); Eastern Illinois University Revenue Bond
    Law; Board of Trustees of Eastern Illinois University; for
    general purposes.
(110 ILCS 670/15-40); Governors State University Law; Board of
    Trustees of Governors State University; for general
    purposes.
(110 ILCS 671/16-10); Governors State University Revenue Bond
    Law; Board of Trustees of Governors State University; for
    general purposes.
(110 ILCS 675/20-40); Illinois State University Law; Board of
    Trustees of Illinois State University; for general
    purposes.
(110 ILCS 676/21-10); Illinois State University Revenue Bond
    Law; Board of Trustees of Illinois State University; for
    general purposes.
(110 ILCS 680/25-40); Northeastern Illinois University Law;
    Board of Trustees of Northeastern Illinois University; for
    general purposes.
(110 ILCS 681/26-10); Northeastern Illinois University Revenue
    Bond Law; Board of Trustees of Northeastern Illinois
    University; for general purposes.
(110 ILCS 685/30-40); Northern Illinois University Law; Board
    of Trustees of Northern Illinois University; for general
    purposes.
(110 ILCS 685/30-45); Northern Illinois University Law; Board
    of Trustees of Northern Illinois University; for buildings
    and facilities.
(110 ILCS 686/31-10); Northern Illinois University Revenue
    Bond Law; Board of Trustees of Northern Illinois
    University; for general purposes.
(110 ILCS 690/35-40); Western Illinois University Law; Board of
    Trustees of Western Illinois University; for general
    purposes.
(110 ILCS 691/36-10); Western Illinois University Revenue Bond
    Law; Board of Trustees of Western Illinois University; for
    general purposes.
(110 ILCS 710/3); Board of Regents Revenue Bond Act of 1967;
    Board of Regents; for general purposes.
(110 ILCS 805/3-36); Public Community College Act; community
    college district boards; for sites for college purposes.
(Source: P.A. 94-1055, eff. 1-1-07; revised 1-30-08.)
 
    (735 ILCS 30/25-5-15)
    Sec. 25-5-15. Quick-take; Village of Lake in the Hills.
Quick-take proceedings under Article 20 may be used for a
period of no more than one year after the effective date of
this amendatory Act of the 95th General Assembly by the Village
of Lake in the Hills for the acquisition of the following
described property for runway purposes at the Lake in the Hills
Airport:
 
        PART OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP
    43 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN AND
    MORE PARTICULARLY DESCRIBED AS FOLLOWS:
 
    COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST
    QUARTER, THENCE SOUTH 00 DEGREES 37 MINUTES 09 SECONDS EAST
    ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, 1144.93 FEET
    TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00
    DEGREES 37 MINUTES 09 SECONDS EAST ALONG THE EAST LINE OF
    SAID NORTHEAST QUARTER, 105.12 FEET TO THE SOUTH LINE OF
    THE PARCEL DESCRIBED IN DOCUMENT NUMBER 95RO11851 AS
    RECORDED IN THE MCHENRY COUNTY RECORDER'S OFFICE; THENCE
    SOUTH 89 DEGREES 22 MINUTES 51 SECONDS WEST ALONG THE SOUTH
    LINE OF THE PARCEL DESCRIBED IN DOCUMENT NUMBER 95R011851,
    593.00 FEET TO THE WEST LINE OF THE PARCEL DESCRIBED IN
    DOCUMENT NUMBER 95R011851; THENCE NORTH 00 DEGREES 37
    MINUTES 09 SECONDS WEST, ALONG THE WEST LINE OF THE PARCEL
    DESCRIBED IN DOCUMENT NUMBER 95R011851, 3.99 FEET; THENCE
    79 DEGREES 42 MINUTES 11 SECONDS EAST ALONG A LINE 306.00
    FEET NORTHWESTERLY OF AND PARALLEL WITH THE CENTERLINE OF
    RUNWAY NUMBER 8/26, 601.56 FEET TO THE POINT OF BEGINNING
    AND CONTAINING 32,351 SQUARE FEET OR 0.743 ACRES MORE OR
    LESS, ALL IN MCHENRY COUNTY, ILLINOIS, AND EXCEPTING THAT
    PART USED FOR ROADWAY PURPOSES.
(Source: P.A. 95-929, eff. 8-26-08.)
 
    (735 ILCS 30/25-5-20)
    Sec. 25-5-20 25-5-15. Quick-take; City of Champaign.
Quick-take proceedings under Article 20 may be used for a
period of no more than one year after the effective date of
this amendatory Act of the 95th General Assembly by the City of
Champaign for the acquisition of the following properties for
the purpose of drainage and other improvements related to the
Boneyard Creek Project, including right of way, permanent
easements, and temporary easements:
 
    Parcel A - (PIN 46-21-07-351-014) 112 East Clark Street
 
    Lot 12 in Block 1 of Campbell and Kirkpatrick's Addition to
    Urbana, now a part of the City of Champaign, as per Plat
    recorded in Deed Record "E" at Page 352, situated in
    Champaign County, Illinois.
 
    Parcel B - (PIN 46-21-07-353-005) 111 East White Street
 
    The East 34 feet of Lot 2 of a Subdivision of Block 1 of J.
    C. Kirkpatrick's Second Addition to the Town of West
    Urbana, now City of Champaign, as per plat recorded in Deed
    Record 8 at page 232, in Champaign County, Illinois.
 
    Parcel D - (PIN 46-21-07-353-010) 108 East Stoughton Street
 
    Lot 10 of a Subdivision of Block 1 of J. C. Kirkpatrick's
    Second Addition to the Town of West Urbana, now City of
    Champaign, as per plat recorded in Deed Record 8 at Page
    232, in Champaign County, Illinois.
 
    Parcel G (PIN 46-21-07-355-002) 201-1/2 East University
    Avenue
 
    Tract I - Beginning at the Northeast corner of Lot 6 in
    Block 2 in Campbell & Kirkpatrick's Addition to Urbana (now
    a part of the City of Champaign) running thence West 20
    feet; thence South 80 feet; thence East 20 feet; thence
    North 80 feet to the point of beginning, situated in
    Champaign County, Illinois. Tract II - The West 8 feet of
    the East 28 feet of the North 80 feet of Lot 6 in Block 2 in
    Campbell & Kirkpatrick's Addition to Urbana (now a part of
    the City of Champaign), in Champaign County, Illinois.
 
    Parcel H (PIN 46-21-07-355-001) 201 East University Avenue
 
    The West 38 feet of the North 80 feet of Lot 6 in Block 2 of
    Campbell and Kirkpatrick's Addition to Urbana, now a part
    of the City of Champaign, as per Plat recorded in Deed
    Record "E" at page 352, situated in Champaign County,
    Illinois.
(Source: P.A. 95-974, eff. 9-22-08; revised 10-14-08.)
 
    Section 375. The Cannabis and Controlled Substances Tort
Claims Act is amended by changing Section 3 as follows:
 
    (740 ILCS 20/3)  (from Ch. 70, par. 903)
    Sec. 3. Definitions. As used in this Act, unless the
context otherwise requires:
    "Cannabis" includes marihuana, hashish, and other
substances that are identified as including any parts of the
plant Cannabis Sativa, whether growing or not, the seeds of
that plant, the resin extracted from any part of that plant,
and any compound, manufacture, salt, derivative, mixture, or
preparation of that plant, its seeds, or resin, including
tetrahydrocannabinol (THC) and all other cannabinol
derivatives, including its naturally occurring or
synthetically produced ingredients, whether produced directly
or indirectly by extraction, independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis. "Cannabis" does not include the mature stalks of
that plant, fiber produced from those stalks, oil or cake made
from the seeds of that plant, any other compound, manufacture,
salt, derivative, mixture, or preparation of mature stalks
(except the extracted resin), fiber, oil or cake, or the
sterilized seeds of that plant that are incapable of
germination.
    "Controlled substance" means a drug, substance, or
immediate precursor in the Schedules of Article II of the
Illinois Controlled Substances Act.
    "Counterfeit substance" means a controlled substance or
the container or labeling of a controlled substance that,
without authorization, bears the trademark, trade name, or
other identifying mark, imprint, number, device, or any
likeness thereof of a manufacturer, distributor, or dispenser
other than the person who in fact manufactured, distributed, or
dispensed the substance.
    "Deliver" or "delivery" means the actual, constructive, or
attempted transfer of possession of a controlled substance or
cannabis, with or without consideration, whether or not there
is an agency relationship.
    "Manufacture" means the production, preparation,
propagation, compounding, conversion, or processing of a
controlled substance, either directly or indirectly, by
extraction from substances of natural origin, independently by
means of chemical synthesis, or by a combination of extraction
and chemical synthesis, and includes any packaging or
repackaging of the substance or labeling of its container,
except that the term does not include:
        (1) by an ultimate user, the preparation or compounding
    of a controlled substance for his own use;
        (2) by a practitioner or his authorized agent under his
    supervision, the preparation, compounding, packaging, or
    labeling of a controlled substance: ;
            (A) as an incident to his administering or
        dispensing of a controlled substance in the course of
        his professional practice; or
            (B) as an incident to lawful research, teaching or
        chemical analysis and not for sale; or
        (3) the preparation, compounding, packaging, or
    labeling of cannabis as an incident to lawful research,
    teaching, or chemical analysis and not for sale.
    "Owner" means a person who has possession of or any
interest whatsoever in the property involved.
    "Person" means an individual, a corporation, a government,
a governmental subdivision or agency, a business trust, an
estate, a trust, a partnership or association, or any other
entity.
    "Production" means planting, cultivating, tending, or
harvesting.
    "Property" means real property, including things growing
on, affixed to, and found in land, and tangible or intangible
personal property, including rights, services, privileges,
interests, claims, and securities.
(Source: P.A. 87-544; revised 10-23-08.)
 
    Section 380. The Adoption Act is amended by changing
Section 2 as follows:
 
    (750 ILCS 50/2)  (from Ch. 40, par. 1502)
    Sec. 2. Who may adopt a child.
    A. Any of the following persons, who is under no legal
disability (except the minority specified in sub-paragraph
(b)) and who has resided in the State of Illinois continuously
for a period of at least 6 months immediately preceding the
commencement of an adoption proceeding, or any member of the
armed forces of the United States who has been domiciled in the
State of Illinois for 90 days, may institute such proceeding:
    (a) A reputable person of legal age and of either sex,
provided that if such person is married and has not been living
separate and apart from his or her spouse for 12 months or
longer, his or her spouse shall be a party to the adoption
proceeding, including a husband or wife desiring to adopt a
child of the other spouse, in all of which cases the adoption
shall be by both spouses jointly;
    (b) A minor, by leave of court upon good cause shown.
    B. The residence requirement specified in paragraph A of
this Section shall not apply to an adoption of a related child
or to an adoption of a child placed by an agency.
(Source: P.A. 90-608, eff. 6-30-98; revised 10-23-08.)
 
    Section 385. The Conveyances Act is amended by changing
Section 39 as follows:
 
    (765 ILCS 5/39)  (from Ch. 30, par. 37a)
    Sec. 39. Every mortgage or trust deed in the nature of a
mortgage shall, as to lands not registered under the provisions
of an act entitled "An Act Concerning Land Titles," approved
and in force May 1, 1897, as subsequently amended, from the
time it is filed of record, and in the case of lands registered
under the provisions of said act entitled "An Act Concerning
Land Titles," approved and in force May 1, 1897, as
subsequently amended, from the time it is registered, or from
the time of the filing of a caveat as provided in said Act, be a
lien upon the real estate thereby conveyed situated in the
county in which such instrument is recorded or registered, for
all monies advanced or applied or which may at any time
thereafter be advanced or applied thereunder on account of the
principal indebtedness which such mortgage or trust deed shall
purport to secure and including such other monies which may at
any time be advanced or applied as are authorized by the
provisions of such mortgage or trust deed or as are authorized
by law; provided, that as to subsequent purchasers and judgment
creditors, every such mortgage or trust deed shall, as to the
monies advanced or applied thereunder on account of the
principal indebtedness evidenced by the notes, bonds or other
instruments therein described and thereby secured, be a lien
only from the time such monies are advanced or applied, unless
such monies are advanced or applied within 18 eighteen months
after the date of such recording or registration, or filing of
such caveat, or unless the mortgagee is by contract obligated
to make such advances or applications, and provided further,
that nothing in this Act contained shall affect any lien
arising or existing by virtue of the Mechanics Lien Act "An Act
to revise the law in relation to mechanics' liens. To whom,
what for, and when lien is given; who is a contractor; area
covered by and extent of lien; when the lien attaches,"
approved May 18, 1903, as amended.
(Source: Laws 1931, p. 386; revised 10-28-08.)
 
    Section 390. The Residential Real Property Disclosure Act
is amended by changing Section 70 as follows:
 
    (765 ILCS 77/70)
    Sec. 70. Predatory lending database program.
    (a) As used in this Article:
    "Adjustable rate mortgage" or "ARM" means a closed-end
mortgage transaction that allows adjustments of the loan
interest rate during the first 3 years of the loan term.
    "Borrower" means a person seeking a mortgage loan.
    "Broker" means a "broker" or "loan broker", as defined in
subsection (p) of Section 1-4 of the Residential Mortgage
License Act of 1987.
    "Closing agent" means an individual assigned by a title
insurance company or a broker or originator to ensure that the
execution of documents related to the closing of a real estate
sale or the refinancing of a real estate loan and the
disbursement of closing funds are in conformity with the
instructions of the entity financing the transaction.
    "Counseling" means in-person counseling provided by a
counselor employed by a HUD-certified counseling agency to all
borrowers, or documented telephone counseling where a hardship
would be imposed on one or more borrowers. A hardship shall
exist in instances in which the borrower is confined to his or
her home due to medical conditions, as verified in writing by a
physician, or the borrower resides 50 miles or more from the
nearest participating HUD-certified housing counseling agency.
In instances of telephone counseling, the borrower must supply
all necessary documents to the counselor at least 72 hours
prior to the scheduled telephone counseling session.
    "Counselor" means a counselor employed by a HUD-certified
housing counseling agency.
    "Credit score" means a credit risk score as defined by the
Fair Isaac Corporation, or its successor, and reported under
such names as "BEACON", "EMPIRICA", and "FAIR ISAAC RISK SCORE"
by one or more of the following credit reporting agencies or
their successors: Equifax, Inc., Experian Information
Solutions, Inc., and TransUnion LLC. If the borrower's credit
report contains credit scores from 2 reporting agencies, then
the broker or loan originator shall report the lower score. If
the borrower's credit report contains credit scores from 3
reporting agencies, then the broker or loan originator shall
report the middle score.
    "Department" means the Department of Financial and
Professional Regulation.
    "Exempt person" means that term as it is defined in
subsections (d)(1) and (d)(1.5) of Section 1-4 of the
Residential Mortgage License Act of 1987.
    "First-time homebuyer" means a borrower who has not held an
ownership interest in residential property.
    "HUD-certified counseling" or "counseling" means
counseling given to a borrower by a counselor employed by a
HUD-certified housing counseling agency.
    "Interest only" means a closed-end loan that permits one or
more payments of interest without any reduction of the
principal balance of the loan, other than the first payment on
the loan.
    "Lender" means that term as it is defined in subsection (g)
of Section 1-4 of the Residential Mortgage License Act of 1987.
    "Licensee" means that term as it is defined in subsection
(e) of Section 1-4 of the Residential Mortgage License Act of
1987.
    "Mortgage loan" means that term as it is defined in
subsection (f) of Section 1-4 of the Residential Mortgage
License Act of 1987.
    "Negative amortization" means an amortization method under
which the outstanding balance may increase at any time over the
course of the loan because the regular periodic payment does
not cover the full amount of interest due.
    "Originator" means a "loan originator" as defined in
subsection (hh) of Section 1-4 of the Residential Mortgage
License Act of 1987, except an exempt person.
    "Points and fees" has the meaning ascribed to that term in
Section 10 of the High Risk Home Loan Act.
    "Prepayment penalty" means a charge imposed by a lender
under a mortgage note or rider when the loan is paid before the
expiration of the term of the loan.
    "Refinancing" means a loan secured by the borrower's or
borrowers' primary residence where the proceeds are not used as
purchase money for the residence.
    "Title insurance company" means any domestic company
organized under the laws of this State for the purpose of
conducting the business of guaranteeing or insuring titles to
real estate and any title insurance company organized under the
laws of another State, the District of Columbia, or a foreign
government and authorized to transact the business of
guaranteeing or insuring titles to real estate in this State.
    (a-5) A predatory lending database program shall be
established within Cook County. The program shall be
administered in accordance with this Article. The inception
date of the program shall be July 1, 2008. Until the inception
date, none of the duties, obligations, contingencies, or
consequences of or from the program shall be imposed. The
program shall apply to all mortgage applications that are
governed by this Article and that are made or taken on or after
the inception of the program.
    (b) The database created under this program shall be
maintained and administered by the Department. The database
shall be designed to allow brokers, originators, counselors,
title insurance companies, and closing agents to submit
information to the database online. The database shall not be
designed to allow those entities to retrieve information from
the database, except as otherwise provided in this Article.
Information submitted by the broker or originator to the
Department may be used to populate the online form submitted by
a counselor, title insurance company, or closing agent.
    (c) Within 10 days after taking a mortgage application, the
broker or originator for any mortgage on residential property
within the program area must submit to the predatory lending
database all of the information required under Section 72 and
any other information required by the Department by rule.
Within 7 days after receipt of the information, the Department
shall compare that information to the housing counseling
standards in Section 73 and issue to the borrower and the
broker or originator a determination of whether counseling is
recommended for the borrower. The borrower may not waive
counseling. If at any time after submitting the information
required under Section 72 the broker or originator (i) changes
the terms of the loan or (ii) issues a new commitment to the
borrower, then, within 5 days thereafter, the broker or
originator shall re-submit all of the information required
under Section 72 and, within 4 days after receipt of the
information re-submitted by the broker or originator, the
Department shall compare that information to the housing
counseling standards in Section 73 and shall issue to the
borrower and the broker or originator a new determination of
whether re-counseling is recommended for the borrower based on
the information re-submitted by the broker or originator. The
Department shall require re-counseling if the loan terms have
been modified to meet another counseling standard in Section
73, or if the broker has increased the interest rate by more
than 200 basis points.
    (d) If the Department recommends counseling for the
borrower under subsection (c), then the Department shall notify
the borrower of all participating HUD-certified counseling
agencies located within the State and direct the borrower to
interview with a counselor associated with one of those
agencies. Within 10 days after receipt of the notice of
HUD-certified counseling agencies, the borrower shall select
one of those agencies and shall engage in an interview with a
counselor associated with that agency. Within 7 days after
interviewing the borrower, the counselor must submit to the
predatory lending database all of the information required
under Section 74 and any other information required by the
Department by rule. Reasonable and customary costs not to
exceed $300 associated with counseling provided under the
program shall be paid by the broker or originator. The
Department shall annually calculate to the nearest dollar an
adjusted rate for inflation. A counselor shall not recommend or
suggest that a borrower contact any specific mortgage
origination company, financial institution, or entity that
deals in mortgage finance to obtain a loan, another quote, or
for any other reason related to the specific mortgage
transaction; however, a counselor may suggest that the borrower
seek an opinion or a quote from another mortgage origination
company, financial institution, or entity that deals in
mortgage finance. A counselor or housing counseling agency that
in good faith provides counseling shall not be liable to a
broker or originator or borrower for civil damages, except for
willful or wanton misconduct on the part of the counselor in
providing the counseling.
    (e) The broker or originator and the borrower may not take
any legally binding action concerning the loan transaction
until the later of the following:
        (1) the Department issues a determination not to
    recommend HUD-certified counseling for the borrower in
    accordance with subsection (c); or
        (2) the Department issues a determination that
    HUD-certified counseling is recommended for the borrower
    and the counselor submits all required information to the
    database in accordance with subsection (d).
    (f) Within 10 days after closing, the title insurance
company or closing agent must submit to the predatory lending
database all of the information required under Section 76 and
any other information required by the Department by rule.
    (g) The title insurance company or closing agent shall
attach to the mortgage a certificate of compliance with the
requirements of this Article, as generated by the database. If
the title insurance company or closing agent fails to attach
the certificate of compliance, then the mortgage is not
recordable. In addition, if any lis pendens for a residential
mortgage foreclosure is recorded on the property within the
program area, a certificate of service must be simultaneously
recorded that affirms that a copy of the lis pendens was filed
with the Department. If the certificate of service is not
recorded, then the lis pendens pertaining to the residential
mortgage foreclosure in question is not recordable and is of no
force and effect.
    (h) All information provided to the predatory lending
database under the program is confidential and is not subject
to disclosure under the Freedom of Information Act, except as
otherwise provided in this Article. Information or documents
obtained by employees of the Department in the course of
maintaining and administering the predatory lending database
are deemed confidential. Employees are prohibited from making
disclosure of such confidential information or documents. Any
request for production of information from the predatory
lending database, whether by subpoena, notice, or any other
source, shall be referred to the Department of Financial and
Professional Regulation. Any borrower may authorize in writing
the release of database information. The Department may use the
information in the database without the consent of the
borrower: (i) for the purposes of administering and enforcing
the program; (ii) to provide relevant information to a
counselor providing counseling to a borrower under the program;
or (iii) to the appropriate law enforcement agency or the
applicable administrative agency if the database information
demonstrates criminal, fraudulent, or otherwise illegal
activity.
    (i) Nothing in this Article is intended to prevent a
borrower from making his or her own decision as to whether to
proceed with a transaction.
    (j) Any person who violates any provision of this Article
commits an unlawful practice within the meaning of the Consumer
Fraud and Deceptive Business Practices Act.
    (k) During the existence of the program, the Department
shall submit semi-annual reports to the Governor and to the
General Assembly by May 1 and November 1 of each year detailing
its findings regarding the program. The report shall include at
least the following information for each reporting period:
        (1) the number of loans registered with the program;
        (2) the number of borrowers receiving counseling;
        (3) the number of loans closed;
        (4) the number of loans requiring counseling for each
    of the standards set forth in Section 73;
        (5) the number of loans requiring counseling where the
    mortgage originator changed the loan terms subsequent to
    counseling.
(Source: P.A. 94-280, eff. 1-1-06; 94-1029, eff. 7-14-06;
95-691, eff. 6-1-08; revised 11-6-08.)
 
    Section 395. The Drilling Operations Act is amended by
changing Section 4 as follows:
 
    (765 ILCS 530/4)  (from Ch. 96 1/2, par. 9654)
    Sec. 4. Notice.
    (a) Prior to commencement of the drilling of a well, the
operator shall give a copy of the Act with a written notice to
the surface owner of the operator's intent to commence drilling
operations.
    (b) The operator shall, for the purpose of giving notice as
herein required, secure from the assessor's office within 90
days prior to the giving of the notice, a certification which
shall identify the person in whose name the lands on which
drilling operations are to be commenced and who is assessed at
the time the certification is made. The written certification
made by the assessor of the surface owner shall be conclusive
evidence of the surface ownership and of the operator's
compliance with the provisions of this Act.
    (c) The notice required to be given by the operator to the
surface owner shall identify the following:
        (1) The location of the proposed entry on the surface
    for drilling operations, and the date on or after which
    drilling operations shall be commenced.
        (2) A photocopy of the drilling application to the
    Department of Natural Resources for the well to be drilled.
        (3) The name, address and telephone number of the
    operator.
        (4) An offer to discuss with the surface owner those
    matters set forth in Section 5 hereof prior to commencement
    of drilling operations.
    If the surface owner elects to meet the operator, the
surface owner shall request the operator to schedule a meeting
at a mutually agreed time and place within the limitations set
forth herein. Failure of the surface owner to contact the
operator at least 5 days prior to the proposed commencement of
drilling operations shall be conclusively deemed a waiver of
the right to meet by the surface owner.
    The meeting shall be scheduled between the hours of 9:00 in
the morning and the setting of the sun of the same day and
shall be at least 3 days prior to commencement of drilling
operations. Unless agreed to otherwise, the place shall be
located within the county in which drilling operations are to
be commenced where the operator or his agent shall be available
to discuss with the surface owner or his agent those matters
set forth in Section 5 hereof.
    The notice and a copy of the Act as herein required shall
be given to the surface owner by either:
        (A) certified mail addressed to the surface owner at
    the address shown in the certification obtained from the
    assessor, which shall be postmarked at least 15 days prior
    to the commencement of drilling operations; or
        (B) personal delivery to the surface owner at least 15
    days prior to the commencement of drilling operations.
    (C) Notice to the surface owner as defined in this Act
shall be deemed conclusive notice to the record owners of all
interest in the surface.
(Source: P.A. 95-331, eff. 8-21-07; 95-493, eff. 1-1-08;
95-830, eff. 8-14-08; revised 9-10-08.)
 
    Section 400. The Condominium Property Act is amended by
changing Section 25 as follows:
 
    (765 ILCS 605/25)  (from Ch. 30, par. 325)
    Sec. 25. Add-on Condominiums. The developer may reserve the
right to add additional property to that which has been
submitted to the provisions of this Act, and in the event of
any addition, to reallocate percentage interests in the common
elements in accordance with the provisions of this Act and the
condominium instruments by: recording an amended plat in
accordance with the provisions of Section 5 of this Act,
together with an amendment to the declaration in accordance
with Section 6 of this Act. Notwithstanding any other
provisions of this Act requiring approval of unit owners, no
approval shall be required if the developer complies with the
requirements of this Section.
    If the developer wishes to reserve the right to add
additional property, the declaration shall contain:
    (a) an explicit reservation of an option to add additional
property to the condominium;
    (b) a statement of the method by which the reallocation of
percentage interests, adjustments to voting rights, and
rights, and changes in liability for common expenses shall be
determined if additional units are added;
    (c) a legal description of all land which may be added to
the property, herein referred to as 'additional land' whether
the units are occupied or not;
    (d) a time limit of 10 years from the date of the recording
of the declaration, after which the option to add additional
property shall no longer be in effect and a statement of the
circumstances, if any, under which it may terminate. In all
cases in which the option to add additional property is
exercised, the contracts for construction and delivery of such
additional property shall contain a date for the completion and
delivery of the additional property to be constructed; .
    (e) a statement as to whether portions of the additional
land may be added to the property at different times, and as to
whether there are any limitations on the order thereof, or any
limitations fixing the boundaries of these portions, or whether
any particular portion of it must be added;
    (f) a statement concerning limitations, if any, on the
locations of improvements which may be made on the additional
land added;
    (g) a statement of the maximum number of units, if any,
which may be created on the additional land. If portions of the
additional land may be added to the property and the boundaries
of those portions are fixed in accordance with paragraph (e) of
this Section, the declaration shall also state the maximum
number of units that may be created on each such portion to be
added to the property. If portions of the additional land may
be added to the property and the boundaries of those portions
are not fixed in accordance with paragraph (e) of this Section,
then the declaration shall also state the largest number of
units which may be created on each acre of any portion added to
the property;
    (h) a statement of the extent to which structures,
improvements, buildings and units will be compatible with the
configuration of the property in relation to density, use,
construction and architectural style; and
    (i) any plat or site plans or other graphic material which
the developer may wish to set forth in order to supplement or
explain the information provided.
    Subject to any restrictions and limitations specified by
the condominium instruments, there shall be an appurtenant
easement over and on the common elements for the purpose of
making improvements on the additional land, and for the purpose
of doing what is reasonably necessary and proper in conjunction
therewith.
    No provision of this Act shall be binding upon or obligate
the developer to exercise his option to make additions or bind
the land described in the condominium instruments. No provision
of the condominium instruments shall be construed to be binding
upon or obligate the developer to exercise his option to make
additions, and the land legally described therein shall not be
bound thereby, except in the case of any covenant, restriction,
limitation, or other representation or commitment in the
condominium instruments, or in any other agreement made with,
or by, the developer, requiring the developer to add all or any
portion of the additional land, or imposing any obligation with
regard to anything that is or is not to be done thereon or with
regard thereto, or imposing any obligations with regard to
anything that is or is not to be done on or with regard to the
property or any portion thereof, this Section shall not be
construed to nullify, limit, or otherwise affect any such
obligation.
    Any amendment to the declaration adding additional land may
contain such complementary additions and modifications of the
provisions of the declaration affecting the additional land
which are necessary to reflect the differences in character, if
any, of the additional land and the improvements thereto. In no
event, however, shall any such amendment to a declaration
revoke, modify or add to the covenants established by the
declaration for the property already subject to the
declaration.
(Source: P.A. 84-1308; revised 10-23-08.)
 
    Section 405. The Illinois Human Rights Act is amended by
changing Section 1-103 as follows:
 
    (775 ILCS 5/1-103)  (from Ch. 68, par. 1-103)
    Sec. 1-103. General Definitions. When used in this Act,
unless the context requires otherwise, the term:
    (A) Age. "Age" means the chronological age of a person who
is at least 40 years old, except with regard to any practice
described in Section 2-102, insofar as that practice concerns
training or apprenticeship programs. In the case of training or
apprenticeship programs, for the purposes of Section 2-102,
"age" means the chronological age of a person who is 18 but not
yet 40 years old.
    (B) Aggrieved Party. "Aggrieved party" means a person who
is alleged or proved to have been injured by a civil rights
violation or believes he or she will be injured by a civil
rights violation under Article 3 that is about to occur.
    (C) Charge. "Charge" means an allegation filed with the
Department by an aggrieved party or initiated by the Department
under its authority.
    (D) Civil Rights Violation. "Civil rights violation"
includes and shall be limited to only those specific acts set
forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
6-101, and 6-102 of this Act.
    (E) Commission. "Commission" means the Human Rights
Commission created by this Act.
    (F) Complaint. "Complaint" means the formal pleading filed
by the Department with the Commission following an
investigation and finding of substantial evidence of a civil
rights violation.
    (G) Complainant. "Complainant" means a person including
the Department who files a charge of civil rights violation
with the Department or the Commission.
    (H) Department. "Department" means the Department of Human
Rights created by this Act.
    (I) Disability. "Disability" means a determinable physical
or mental characteristic of a person, including, but not
limited to, a determinable physical characteristic which
necessitates the person's use of a guide, hearing or support
dog, the history of such characteristic, or the perception of
such characteristic by the person complained against, which may
result from disease, injury, congenital condition of birth or
functional disorder and which characteristic:
        (1) For purposes of Article 2 is unrelated to the
    person's ability to perform the duties of a particular job
    or position and, pursuant to Section 2-104 of this Act, a
    person's illegal use of drugs or alcohol is not a
    disability;
        (2) For purposes of Article 3, is unrelated to the
    person's ability to acquire, rent or maintain a housing
    accommodation;
        (3) For purposes of Article 4, is unrelated to a
    person's ability to repay;
        (4) For purposes of Article 5, is unrelated to a
    person's ability to utilize and benefit from a place of
    public accommodation.
    (J) Marital Status. "Marital status" means the legal status
of being married, single, separated, divorced or widowed.
    (J-1) Military Status. "Military status" means a person's
status on active duty in or status as a veteran of the armed
forces of the United States, status as a current member or
veteran of any reserve component of the armed forces of the
United States, including the United States Army Reserve, United
States Marine Corps Reserve, United States Navy Reserve, United
States Air Force Reserve, and United States Coast Guard
Reserve, or status as a current member or veteran of the
Illinois Army National Guard or Illinois Air National Guard.
    (K) National Origin. "National origin" means the place in
which a person or one of his or her ancestors was born.
    (L) Person. "Person" includes one or more individuals,
partnerships, associations or organizations, labor
organizations, labor unions, joint apprenticeship committees,
or union labor associations, corporations, the State of
Illinois and its instrumentalities, political subdivisions,
units of local government, legal representatives, trustees in
bankruptcy or receivers.
    (M) Public Contract. "Public contract" includes every
contract to which the State, any of its political subdivisions
or any municipal corporation is a party.
    (N) Religion. "Religion" includes all aspects of religious
observance and practice, as well as belief, except that with
respect to employers, for the purposes of Article 2, "religion"
has the meaning ascribed to it in paragraph (F) of Section
2-101.
    (O) Sex. "Sex" means the status of being male or female.
    (O-1) Sexual orientation. "Sexual orientation" means
actual or perceived heterosexuality, homosexuality,
bisexuality, or gender-related identity, whether or not
traditionally associated with the person's designated sex at
birth. "Sexual orientation" does not include a physical or
sexual attraction to a minor by an adult.
    (P) Unfavorable Military Discharge. "Unfavorable military
discharge" includes discharges from the Armed Forces of the
United States, their Reserve components or any National Guard
or Naval Militia which are classified as RE-3 or the equivalent
thereof, but does not include those characterized as RE-4 or
"Dishonorable".
    (Q) Unlawful Discrimination. "Unlawful discrimination"
means discrimination against a person because of his or her
race, color, religion, national origin, ancestry, age, sex,
marital status, disability, military status, sexual
orientation, or unfavorable discharge from military service as
those terms are defined in this Section.
(Source: P.A. 94-803, eff. 5-26-06; 95-392, eff. 8-23-07;
95-668, eff. 10-10-07; 95-876, eff. 8-21-08; revised
10-28-08.)
 
    Section 410. The Business Corporation Act of 1983 is
amended by changing Section 12.45 as follows:
 
    (805 ILCS 5/12.45)  (from Ch. 32, par. 12.45)
    Sec. 12.45. Reinstatement following administrative
dissolution.
    (a) A domestic corporation administratively dissolved
under Section 12.40 may be reinstated by the Secretary of State
following the date of issuance of the certificate of
dissolution upon:
        (1) The filing of an application for reinstatement.
        (2) The filing with the Secretary of State by the
    corporation of all reports then due and theretofore
    becoming due.
        (3) The payment to the Secretary of State by the
    corporation of all fees, franchise taxes, and penalties
    then due and theretofore becoming due.
    (b) The application for reinstatement shall be executed and
filed in duplicate in accordance with Section 1.10 of this Act
and shall set forth:
        (1) The name of the corporation at the time of the
    issuance of the certificate of dissolution.
        (2) If such name is not available for use as determined
    by the Secretary of State at the time of filing the
    application for reinstatement, the name of the corporation
    as changed, provided however, and any change of name is
    properly effected pursuant to Section 10.05 and Section
    10.30 of this Act.
        (3) The date of the issuance of the certificate of
    dissolution.
        (4) The address, including street and number, or rural
    route number of the registered office of the corporation
    upon reinstatement thereof, and the name of its registered
    agent at such address upon the reinstatement of the
    corporation, provided however, that any change from either
    the registered office or the registered agent at the time
    of dissolution is properly reported pursuant to Section
    5.10 of this Act.
    (c) When a dissolved corporation has complied with the
provisions of this Section Sec the Secretary of State shall
file the application for reinstatement.
    (d) Upon the filing of the application for reinstatement,
the corporate existence shall be deemed to have continued
without interruption from the date of the issuance of the
certificate of dissolution, and the corporation shall stand
revived with such powers, duties and obligations as if it had
not been dissolved; and all acts and proceedings of its
officers, directors and shareholders, acting or purporting to
act as such, which would have been legal and valid but for such
dissolution, shall stand ratified and confirmed.
(Source: P.A. 94-605, eff. 1-1-06; revised 11-6-08.)
 
    Section 415. The General Not For Profit Corporation Act of
1986 is amended by changing Section 104.05 as follows:
 
    (805 ILCS 105/104.05)  (from Ch. 32, par. 104.05)
    Sec. 104.05. Corporate name of domestic or foreign
corporation.
    (a) The corporate name of a domestic corporation or of a
foreign corporation organized, existing or subject to the
provisions of this Act:
        (1) May contain, separate and apart from any other word
    or abbreviation in such name, the word "corporation,"
    "company," "incorporated," or "limited," or an
    abbreviation of one of such words;
        (2) Must end with the letters "NFP" if the corporate
    name contains any word or phrase which indicates or implies
    that the corporation is organized for any purpose other
    than a purpose for which corporations may be organized
    under this Act or a purpose other than a purpose set forth
    in the corporation's articles of incorporation;
        (3) Shall be distinguishable upon the records in the
    the office of the Secretary of State from the name or
    assumed name of any domestic corporation or limited
    liability company organized under the Limited Liability
    Company Act, whether for profit or not for profit, existing
    under any Act of this State or the name or assumed name of
    any foreign corporation or foreign limited liability
    company registered under the Limited Liability Company
    Act, whether for profit or not for profit, authorized to
    transact business or conduct affairs in this State, or a
    name the exclusive right to which is, at the time, reserved
    or registered in the manner provided in this Act or Section
    1-15 of the Limited Liability Company Act, except that,
    subject to the discretion of the Secretary of State, a
    foreign corporation that has a name prohibited by this
    paragraph may be issued a certificate of authority to
    conduct its affairs in this State, if the foreign
    corporation:
            (i) Elects to adopt an assumed corporation name or
        names in accordance with Section 104.15 of this Act;
        and
            (ii) Agrees in its application for a certificate of
        authority to conduct affairs in this State only under
        such assumed corporate name or names;
        (4) Shall not contain a word or phrase, or an
    abbreviation or derivation thereof, the use of which is
    prohibited or restricted by any other statute of this State
    unless such restriction has been complied with;
        (5) Shall consist of letters of the English alphabet,
    Arabic or Roman numerals, or symbols capable of being
    readily reproduced by the office of the Secretary of State;
        (6) Shall not contain the words "regular democrat,"
    "regular democratic," "regular republican," "democrat,"
    "democratic," or "republican," nor the name of any other
    established political party, unless consent to usage of
    such words or name is given to the corporation by the State
    central committee of such established political party;
    notwithstanding any other provisions of this Act, any
    corporation, whose name at the time this amendatory Act
    takes effect contains any of the words listed in this
    paragraph shall certify to the Secretary of State no later
    than January 1, 1989, that consent has been given by the
    State central committee; consent given to a corporation by
    the State central committee to use the above listed words
    may be revoked upon notification to the corporation and the
    Secretary of State; and
        (7) Shall be the name under which the corporation shall
    conduct affairs in this State unless the corporation shall
    also elect to adopt an assumed corporate name or names as
    provided in this Act; provided, however, that the
    corporation may use any divisional designation or trade
    name without complying with the requirements of this Act,
    provided the corporation also clearly discloses its
    corporate name.
    (b) The Secretary of State shall determine whether a name
is "distinguishable" from another name for purposes of this
Act. Without excluding other names which may not constitute
distinguishable names in this State, a name is not considered
distinguishable, for purposes of this Act, solely because it
contains one or more of the following:
        (1) The word "corporation," "company," "incorporated,"
    or "limited" or an abbreviation of one of such words;
        (2) Articles, conjunctions, contractions,
    abbreviations, different tenses or number of the same word.
    (c) Nothing in this Section or Sections 104.15 or 104.20 of
this Act shall:
        (1) Require any domestic corporation existing or any
    foreign corporation having a certificate of authority on
    the effective date of this Act, to modify or otherwise
    change its corporate name or assumed corporate name, if
    any; or
        (2) Abrogate or limit the common law or statutory law
    of unfair competition or unfair trade practices, nor
    derogate from the common law or principles of equity or the
    statutes of this State or of the United States with respect
    to the right to acquire and protect copyrights, trade
    names, trade marks, service names, service marks, or any
    other right to the exclusive use of name or symbols.
(Source: P.A. 92-33, eff. 7-1-01; revised 10-28-08.)
 
    Section 420. The Limited Liability Company Act is amended
by changing Section 37-5 as follows:
 
    (805 ILCS 180/37-5)
    Sec. 37-5. Definitions. In this Article:
    "Corporation" means (i) a corporation under the Business
Corporation Act of 1983, a predecessor law, or comparable law
of another jurisdiction or (ii) a bank or savings bank.
    "General partner" means a partner in a partnership and a
general partner in a limited partnership.
    "Limited partner" means a limited partner in a limited
partnership.
    "Limited partnership" means a limited partnership created
under the Uniform Limited Partnership Act (2001), a predecessor
law, or comparable law of another jurisdiction.
    "Partner" includes a general partner and a limited partner.
    "Partnership" means a general partnership under the
Uniform Partnership Act (1997), a predecessor law, or
comparable law of another jurisdiction.
    "Partnership agreement" means an agreement among the
partners concerning the partnership or limited partnership.
    "Shareholder" means a shareholder in a corporation.
(Source: P.A. 93-561, eff. 1-1-04; 93-967, eff. 1-1-05; revised
1-29-08.)
 
    Section 425. The Assumed Business Name Act is amended by
changing Section 4 as follows:
 
    (805 ILCS 405/4)  (from Ch. 96, par. 7)
    Sec. 4. This Act shall in no way affect or apply to any
corporation, limited liability company, limited partnership,
or limited liability partnership duly organized under the laws
of this State, or any corporation, limited liability company,
limited partnership, or limited liability partnership
organized under the laws of any other State and lawfully doing
business in this State, nor shall this Act be deemed or
construed to prevent the lawful use of a partnership name or
designation, provided that such partnership shall include the
true, real name of such person or persons transacting said
business or partnership nor shall it be construed as in any way
affecting Sections 17-12 and 17-19 of the Criminal Code of 1961
220 and 220a of Division I of "An Act to revise the law in
relation to criminal jurisprudence", approved March 27, 1874,
as amended. This Act shall in no way affect or apply to
testamentary or other express trusts where the business is
carried on in the name of the trust and such trust is created
by will or other instrument in writing under which title to the
trust property is vested in a designated trustee or trustees
for the use and benefit of the cestuis que trustent.
(Source: P.A. 90-421, eff. 1-1-98; revised 10-23-08.)
 
    Section 430. The Uniform Commercial Code is amended by
changing Section 4-210 as follows:
 
    (810 ILCS 5/4-210)  (from Ch. 26, par. 4-210)
    Sec. 4-210. Security interest of collecting bank in items,
accompanying documents and proceeds.
    (a) A collecting bank has a security interest in an item
and any accompanying documents or the proceeds of either:
        (1) in case of an item deposited in an account, to the
    extent to which credit given for the item has been
    withdrawn or applied;
        (2) in case of an item for which it has given credit
    available for withdrawal as of right, to the extent of the
    credit given, whether or not the credit is drawn upon or
    there is a right of charge-back; or
        (3) if it makes an advance on or against the item.
    (b) If credit given for several items received at one time
or pursuant to a single agreement is withdrawn or applied in
part, the security interest remains upon all the items, any
accompanying documents or the proceeds of either. For the
purpose of this Section, credits first given are first
withdrawn.
    (c) Receipt by a collecting bank of a final settlement for
an item is a realization on its security interest in the item,
accompanying documents, and proceeds. So long as the bank does
not receive final settlement for the item or give up possession
of the item or possession or control of the accompanying
documents for purposes other than collection, the security
interest continues to that extent and is subject to Article 9,
but:
        (1) no security agreement is necessary to make the
    security interest enforceable (Section 9-203(b)(3)(A));
        (2) no filing is required to perfect the security
    interest; and
        (3) the security interest has priority over
    conflicting perfected security interests in the item,
    accompanying documents, or proceeds.
(Source: P.A. 95-895, eff. 1-1-09; revised 9-23-08.)
 
    Section 435. The Consumer Fraud and Deceptive Business
Practices Act is amended by setting forth and renumbering
multiple versions of Sections 2ZZ and 2AAA as follows:
 
    (815 ILCS 505/2ZZ)
    Sec. 2ZZ. Payoff of liens on motor vehicles traded in to
dealer.
    (a) When a motor vehicle dealer, as defined by Sections
5-101 or 5-102 of the Illinois Vehicle Code, enters into a
retail transaction where a consumer trades in or sells a
vehicle that is subject to a lien, the dealer shall:
        (1) within 21 calendar days of the date of sale remit
    payment to the lien holder to pay off the lien on the
    traded-in or sold motor vehicle, unless the underlying
    contract has been rescinded before expiration of 21
    calendar days; and
        (2) fully comply with Section 2C of this Act.
    (b) A motor vehicle dealer who violates this Section
commits an unlawful practice within the meaning of this Act.
    (c) For the purposes of this Section, the term "date of
sale" shall be the date the parties entered into the
transaction as evidenced by the date written in the contract
executed by the parties, or the date the motor vehicle
dealership took possession of the traded-in or sold vehicle. In
the event the date of the contract differs from the date the
motor vehicle dealership took possession of the traded-in
vehicle, the "date of sale" shall be the date the motor vehicle
dealership took possession of the traded-in vehicle.
(Source: P.A. 95-393, eff. 1-1-08; 95-876, eff. 8-21-08.)
 
    (815 ILCS 505/2AAA)
    Sec. 2AAA. Mortgage marketing materials.
    (a) No person may send marketing materials to a consumer
indicating that the person is connected to the consumer's
mortgage company, indicating that there is a problem with the
consumer's mortgage, or stating that the marketing materials
contain information concerning the consumer's mortgage, unless
that person sending the marketing materials is actually
employed by the consumer's mortgage company or an affiliate of
the consumer's mortgage company.
    (b) Any person who violates this Section commits an
unlawful practice within the meaning of this Act.
(Source: P.A. 95-508, eff. 1-1-08; 95-876, eff. 8-21-08.)
 
    (815 ILCS 505/2BBB)
    Sec. 2BBB 2ZZ. Long term care facility; Consumer Choice
Information Report. A long term care facility that fails to
comply with Section 2-214 of the Nursing Home Care Act commits
an unlawful practice within the meaning of this Act.
(Source: P.A. 95-823, eff. 1-1-09; revised 9-25-08.)
 
    (815 ILCS 505/2CCC)
    Sec. 2CCC 2AAA. Internet gaming service provider;
cancellation.
    (a) As used in this Section:
        "Internet gaming service provider" means a person who
    provides a web site that includes information, software,
    data, text, photographs, graphics, sound, or video that may
    be accessed by a consumer for a fee for the purpose of the
    consumer playing a single player or multiplayer game
    through the Internet or that may be downloaded for the
    consumer to play on his or her computer outside of the
    Internet. "Internet gaming service provider" does not
    include online gambling or other gaming where a consumer
    can enter to win money.
    (b) This Section applies only to agreements under which an
Internet gaming service provider provides service to
consumers, for home and personal use, for a stated term that is
automatically renewed for another term unless the consumer
cancels the service.
    (c) An Internet gaming service provider must give a
consumer who is an Illinois resident the following: (1) a
secure method at the Internet gaming service provider's web
site that the consumer may use to cancel the service, which
method shall not require the consumer to make a telephone call
or send U.S. Postal Service mail to effectuate the
cancellation; and (2) instructions that the consumer may follow
to cancel the service at the Internet gaming service provider's
web site.
    (d) This Section does not apply to any entity that merely
provides the host platform on the web site to the Internet
gaming service provider.
    (e) A person who violates this Section commits an unlawful
practice within the meaning of this Act.
(Source: P.A. 95-765, eff. 1-1-09; revised 9-25-08.)
 
    Section 440. The Physical Fitness Services Act is amended
by changing Section 12 as follows:
 
    (815 ILCS 645/12)  (from Ch. 29, par. 60.2)
    Sec. 12. Enforcement by Attorney General. All remedies,
penalties and authority granted to the Attorney General by the
"Consumer Fraud and Deceptive Business Practices Act",
approved July 24, 1961, as now or hereafter amended, shall be
available to him for the enforcement of this Act, and Sections
3, 4, 5, 6, 6.1, 7 and 10 of that Act are hereby incorporated by
reference into this Act. In addition, in any action brought by
the Attorney General to enforce this Act, the court may order
that persons who incurred actual damages be awarded 3 times the
amount at which actual damages are assessed.
(Source: P.A. 82-346; revised 11-3-08.)
 
    Section 445. The One Day Rest In Seven Act is amended by
changing Section 3.1 as follows:
 
    (820 ILCS 140/3.1)
    Sec. 3.1. Hotel room attendants.
    (a) As used in this Section, "hotel room attendant" means a
person who cleans or puts in order guest rooms in a hotel or
other establishment licensed for transient occupancy.
    (b) This Section applies only to hotels and other
establishments licensed for transient occupancy that are
located in a county with a population greater than 3,000,000.
    (c) Notwithstanding any other provision of law, every hotel
room attendant shall receive a minimum of 2 15-minute paid rest
breaks and one 30-minute meal period in each workday on which
the hotel room attendant works at least 7 hours. An employer
may not require any hotel room attendant to work during a break
period.
    (d) Every employer of hotel room attendants shall make
available at all times a room on the employer's premises with
adequate seating and tables for the purpose of allowing hotel
room attendants to enjoy break periods in a clean and
comfortable environment. The room shall have clean drinking
water provided without charge.
    (e) Each employer of hotel room attendants shall keep a
complete and accurate record of the break periods of its hotel
room attendants.
    (f) An employer who violates this Section shall pay to the
hotel room attendant 3 times the hotel room attendant's regular
hourly rate of pay for each workday during which the required
breaks were not provided.
    (g) It is unlawful for any employer or an employer's agent
or representative to take any action against any person in
retaliation for the exercise of rights under this Section. In
any civil proceeding brought under this subsection (g) (f), if
the plaintiff establishes that he or she was employed by the
defendant, exercised rights under this Section, or alleged in
good faith that the defendant was not complying with this
Section, and was thereafter terminated, demoted, or otherwise
penalized by the defendant, then a rebuttable presumption shall
arise that the defendant's action was taken in retaliation for
the exercise of rights established by this Section. To rebut
the presumption, the defendant must prove that the sole reason
for the termination, demotion, or penalty was a legitimate
business reason.
    (h) In addition to the remedies provided in Sections 6 and
7, a person claiming violation of this Section shall be
entitled to all remedies available under law or in equity,
including but not limited to damages, back pay, reinstatement,
or injunctive relief. Any person terminated in violation of
this Section shall recover treble his or her lost normal daily
compensation and fringe benefits, together with interest
thereon, and any consequential damages suffered by the
employee. The court shall award reasonable attorney's fees and
costs to a prevailing plaintiff in an enforcement action under
this Section.
(Source: P.A. 94-593, eff. 8-15-05; revised 10-28-08.)
 
    Section 450. The Employee Washroom Act is amended by
changing Section 3 as follows:
 
    (820 ILCS 230/3)  (from Ch. 48, par. 100)
    Sec. 3. All State and county mine inspectors, the
Department of Labor and other inspectors required to inspect
places and kinds of business required by this act to be
provided with washrooms, shall inspect such washrooms at
frequent intervals and report to the owner or operator, the
sanitary and physical condition thereof in writing, and make
recommendations as to such improvements or changes as may
appear to be necessary for compliance with this Act. Any such
inspector may lock and close any washroom found to be in
violation of this Act, and may institute proceedings to enforce
the penalty provided in Section 4.
(Source: P.A. 84-1438; revised 10-24-08.)
 
    Section 995. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
 
    Section 996. No revival or extension. This Act does not
revive or extend any Section or Act otherwise repealed.
 
    Section 999. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance
    5 ILCS 80/4.28
    5 ILCS 100/10-65 from Ch. 127, par. 1010-65
    5 ILCS 140/7 from Ch. 116, par. 207
    5 ILCS 375/6.11
    10 ILCS 5/13-4 from Ch. 46, par. 13-4
    10 ILCS 5/14-1 from Ch. 46, par. 14-1
    15 ILCS 335/4 from Ch. 124, par. 24
    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 105/4.03 from Ch. 23, par. 6104.03
    20 ILCS 105/4.04 from Ch. 23, par. 6104.04
    20 ILCS 515/20
    20 ILCS 2310/2310-76
    20 ILCS 2310/2310-90 was 20 ILCS 2310/55.09
    20 ILCS 2630/5 from Ch. 38, par. 206-5
    30 ILCS 105/5.675
    30 ILCS 105/5.676
    30 ILCS 105/5.677
    30 ILCS 105/5.678
    30 ILCS 105/5.701
    30 ILCS 105/5.703
    30 ILCS 105/5.704
    30 ILCS 105/5.705
    30 ILCS 105/5.706
    30 ILCS 105/5.707
    30 ILCS 105/5.708
    30 ILCS 105/5.709
    30 ILCS 105/5.710
    30 ILCS 105/5.711
    30 ILCS 105/5.712
    30 ILCS 105/5.713
    30 ILCS 105/5.714
    30 ILCS 105/5.715
    30 ILCS 105/5.716
    30 ILCS 105/5.717
    30 ILCS 105/5.718
    30 ILCS 105/6z-69
    30 ILCS 105/6z-72
    30 ILCS 805/8.31
    30 ILCS 805/8.32
    35 ILCS 5/203 from Ch. 120, par. 2-203
    35 ILCS 5/507PP
    35 ILCS 5/507RR
    35 ILCS 5/509 from Ch. 120, par. 5-509
    35 ILCS 5/510 from Ch. 120, par. 5-510
    35 ILCS 5/901 from Ch. 120, par. 9-901
    35 ILCS 120/2-45 from Ch. 120, par. 441-45
    40 ILCS 5/Art. 22 Div. 8
    heading
    50 ILCS 830/20
    55 ILCS 5/3-6038
    55 ILCS 5/4-4001 from Ch. 34, par. 4-4001
    55 ILCS 5/Div. 4-8 heading
    55 ILCS 5/5-1069.3
    55 ILCS 5/5-1101 from Ch. 34, par. 5-1101
    55 ILCS 5/5-1129
    55 ILCS 5/5-1130
    55 ILCS 5/5-29001 from Ch. 34, par. 5-29001
    55 ILCS 5/Div. 5-42
    heading
    55 ILCS 5/5-42000
    55 ILCS 5/Div. 6-34
    heading
    60 ILCS 1/105-40
    65 ILCS 5/10-4-2.3
    65 ILCS 5/Art. 11 Div.
    15.3 heading
    65 ILCS 5/11-74.4-3 from Ch. 24, par. 11-74.4-3
    65 ILCS 5/11-74.4-3.5
    65 ILCS 5/11-74.4-7 from Ch. 24, par. 11-74.4-7
    70 ILCS 503/25
    70 ILCS 925/90
    70 ILCS 930/20
    70 ILCS 930/80
    70 ILCS 1855/5 from Ch. 19, par. 455
    70 ILCS 2405/8 from Ch. 42, par. 307
    70 ILCS 2405/15 from Ch. 42, par. 314
    70 ILCS 2605/7a from Ch. 42, par. 326a
    70 ILCS 2605/302
    70 ILCS 2605/304
    70 ILCS 3605/12a from Ch. 111 2/3, par. 312a
    70 ILCS 3610/5.01from Ch. 111 2/3, par. 355.01
    105 ILCS 5/1A-2 from Ch. 122, par. 1A-2
    105 ILCS 5/10-20.40
    105 ILCS 5/10-20.41
    105 ILCS 5/10-20.44
    105 ILCS 5/10-20.45
    105 ILCS 5/10-21.3a
    105 ILCS 5/10-22.3f
    105 ILCS 5/10-22.34c
    105 ILCS 5/11E-135
    105 ILCS 5/13-45 from Ch. 122, par. 13-45
    105 ILCS 5/18-8.05
    105 ILCS 110/3 from Ch. 122, par. 863
    105 ILCS 435/2 from Ch. 122, par. 697
    110 ILCS 430/20
    110 ILCS 947/25
    110 ILCS 975/8 from Ch. 144, par. 2758
    210 ILCS 45/3-210 from Ch. 111 1/2, par. 4153-210
    210 ILCS 85/10.10
    215 ILCS 5/1 from Ch. 73, par. 613
    215 ILCS 5/80 from Ch. 73, par. 692
    215 ILCS 5/356z.11
    215 ILCS 5/356z.13
    215 ILCS 5/370c from Ch. 73, par. 982c
    215 ILCS 5/511.108 from Ch. 73, par. 1065.58-108
    215 ILCS 106/40
    215 ILCS 125/5-3 from Ch. 111 1/2, par. 1411.2
    215 ILCS 165/10 from Ch. 32, par. 604
    225 ILCS 25/8.1 from Ch. 111, par. 2308.1
    225 ILCS 25/44 from Ch. 111, par. 2344
    225 ILCS 50/34 from Ch. 111, par. 7434
    225 ILCS 51/1
    225 ILCS 65/70-50was 225 ILCS 65/20-40
    225 ILCS 70/4 from Ch. 111, par. 3654
    225 ILCS 225/8 from Ch. 111 1/2, par. 116.308
    225 ILCS 235/16 from Ch. 111 1/2, par. 2216
    225 ILCS 454/5-20
    225 ILCS 705/Art. 4
    heading
    225 ILCS 705/20.04 from Ch. 96 1/2, par. 2004
    225 ILCS 705/20.05 from Ch. 96 1/2, par. 2005
    225 ILCS 705/21.07 from Ch. 96 1/2, par. 2107
    225 ILCS 705/Art. 38
    heading
    225 ILCS 705/Art. 39
    heading
    305 ILCS 5/5-2 from Ch. 23, par. 5-2
    315 ILCS 20/42 from Ch. 67 1/2, par. 292
    320 ILCS 25/6 from Ch. 67 1/2, par. 406
    410 ILCS 70/1a from Ch. 111 1/2, par. 87-1a
    410 ILCS 305/9 from Ch. 111 1/2, par. 7309
    410 ILCS 420/2.5
    410 ILCS 513/30
    415 ILCS 150/20
    420 ILCS 20/3 from Ch. 111 1/2, par. 241-3
    420 ILCS 20/15 from Ch. 111 1/2, par. 241-15
    420 ILCS 20/18 from Ch. 111 1/2, par. 241-18
    510 ILCS 77/13
    525 ILCS 30/7.05 from Ch. 105, par. 707.05
    605 ILCS 5/5-409 from Ch. 121, par. 5-409
    620 ILCS 5/82 from Ch. 15 1/2, par. 22.82
    625 ILCS 5/1-101.5
    625 ILCS 5/3-674
    625 ILCS 5/3-680
    625 ILCS 5/3-682
    625 ILCS 5/3-683
    625 ILCS 5/3-819 from Ch. 95 1/2, par. 3-819
    625 ILCS 5/5-403 from Ch. 95 1/2, par. 5-403
    625 ILCS 5/6-205 from Ch. 95 1/2, par. 6-205
    625 ILCS 5/6-206 from Ch. 95 1/2, par. 6-206
    625 ILCS 5/11-204.1 from Ch. 95 1/2, par. 11-204.1
    625 ILCS 5/12-610.5
    705 ILCS 505/11 from Ch. 37, par. 439.11
    705 ILCS 505/22 from Ch. 37, par. 439.22
    705 ILCS 505/24 from Ch. 37, par. 439.24
    720 ILCS 5/9-3 from Ch. 38, par. 9-3
    720 ILCS 5/11-9.3
    720 ILCS 5/11-9.4
    720 ILCS 5/12-4.2 from Ch. 38, par. 12-4.2
    720 ILCS 5/12-4.2-5
    720 ILCS 5/12-7.5
    720 ILCS 5/17-2 from Ch. 38, par. 17-2
    720 ILCS 5/24-1 from Ch. 38, par. 24-1
    720 ILCS 5/31-6 from Ch. 38, par. 31-6
    720 ILCS 5/31-7 from Ch. 38, par. 31-7
    720 ILCS 5/31A-1.2 from Ch. 38, par. 31A-1.2
    720 ILCS 135/1-2
    720 ILCS 570/208 from Ch. 56 1/2, par. 1208
    720 ILCS 570/508 from Ch. 56 1/2, par. 1508
    725 ILCS 120/4.5
    725 ILCS 165/4 from Ch. 38, par. 161-4
    725 ILCS 207/5
    730 ILCS 5/3-3-7 from Ch. 38, par. 1003-3-7
    730 ILCS 5/5-5-3.2 from Ch. 38, par. 1005-5-3.2
    730 ILCS 5/5-6-1 from Ch. 38, par. 1005-6-1
    730 ILCS 5/5-6-3 from Ch. 38, par. 1005-6-3
    735 ILCS 5/15-1107 from Ch. 110, par. 15-1107
    735 ILCS 5/15-1206 from Ch. 110, par. 15-1206
    735 ILCS 5/15-1217 from Ch. 110, par. 15-1217
    735 ILCS 5/15-1222 from Ch. 110, par. 15-1222
    735 ILCS 5/15-1302 from Ch. 110, par. 15-1302
    735 ILCS 30/15-5-20
    735 ILCS 30/25-5-15
    735 ILCS 30/25-5-20
    740 ILCS 20/3 from Ch. 70, par. 903
    750 ILCS 50/2 from Ch. 40, par. 1502
    765 ILCS 5/39 from Ch. 30, par. 37a
    765 ILCS 77/70
    765 ILCS 530/4 from Ch. 96 1/2, par. 9654
    765 ILCS 605/25 from Ch. 30, par. 325
    775 ILCS 5/1-103 from Ch. 68, par. 1-103
    805 ILCS 5/12.45 from Ch. 32, par. 12.45
    805 ILCS 105/104.05 from Ch. 32, par. 104.05
    805 ILCS 180/37-5
    805 ILCS 405/4 from Ch. 96, par. 7
    810 ILCS 5/4-210 from Ch. 26, par. 4-210
    815 ILCS 505/2ZZ
    815 ILCS 505/2AAA
    815 ILCS 505/2BBB
    815 ILCS 505/2CCC
    815 ILCS 645/12 from Ch. 29, par. 60.2
    820 ILCS 140/3.1
    820 ILCS 230/3 from Ch. 48, par. 100