Public Act 099-0933
 
SB2884 EnrolledLRB099 18144 RJF 42510 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
ARTICLE 5.
AMENDATORY PROVISIONS

 
    (20 ILCS 405/405-225 rep.)
    Section 5-5. The Department of Central Management Services
Law of the Civil Administrative Code of Illinois is amended by
repealing Section 405-225.
 
    Section 5-10. The Children and Family Services Act is
amended by changing Section 5 as follows:
 
    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
    Sec. 5. Direct child welfare services; Department of
Children and Family Services. To provide direct child welfare
services when not available through other public or private
child care or program facilities.
    (a) For purposes of this Section:
        (1) "Children" means persons found within the State who
    are under the age of 18 years. The term also includes
    persons under age 21 who:
            (A) were committed to the Department pursuant to
        the Juvenile Court Act or the Juvenile Court Act of
        1987, as amended, prior to the age of 18 and who
        continue under the jurisdiction of the court; or
            (B) were accepted for care, service and training by
        the Department prior to the age of 18 and whose best
        interest in the discretion of the Department would be
        served by continuing that care, service and training
        because of severe emotional disturbances, physical
        disability, social adjustment or any combination
        thereof, or because of the need to complete an
        educational or vocational training program.
        (2) "Homeless youth" means persons found within the
    State who are under the age of 19, are not in a safe and
    stable living situation and cannot be reunited with their
    families.
        (3) "Child welfare services" means public social
    services which are directed toward the accomplishment of
    the following purposes:
            (A) protecting and promoting the health, safety
        and welfare of children, including homeless, dependent
        or neglected children;
            (B) remedying, or assisting in the solution of
        problems which may result in, the neglect, abuse,
        exploitation or delinquency of children;
            (C) preventing the unnecessary separation of
        children from their families by identifying family
        problems, assisting families in resolving their
        problems, and preventing the breakup of the family
        where the prevention of child removal is desirable and
        possible when the child can be cared for at home
        without endangering the child's health and safety;
            (D) restoring to their families children who have
        been removed, by the provision of services to the child
        and the families when the child can be cared for at
        home without endangering the child's health and
        safety;
            (E) placing children in suitable adoptive homes,
        in cases where restoration to the biological family is
        not safe, possible or appropriate;
            (F) assuring safe and adequate care of children
        away from their homes, in cases where the child cannot
        be returned home or cannot be placed for adoption. At
        the time of placement, the Department shall consider
        concurrent planning, as described in subsection (l-1)
        of this Section so that permanency may occur at the
        earliest opportunity. Consideration should be given so
        that if reunification fails or is delayed, the
        placement made is the best available placement to
        provide permanency for the child;
            (G) (blank);
            (H) (blank); and
            (I) placing and maintaining children in facilities
        that provide separate living quarters for children
        under the age of 18 and for children 18 years of age
        and older, unless a child 18 years of age is in the
        last year of high school education or vocational
        training, in an approved individual or group treatment
        program, in a licensed shelter facility, or secure
        child care facility. The Department is not required to
        place or maintain children:
                (i) who are in a foster home, or
                (ii) who are persons with a developmental
            disability, as defined in the Mental Health and
            Developmental Disabilities Code, or
                (iii) who are female children who are
            pregnant, pregnant and parenting or parenting, or
                (iv) who are siblings, in facilities that
            provide separate living quarters for children 18
            years of age and older and for children under 18
            years of age.
    (b) Nothing in this Section shall be construed to authorize
the expenditure of public funds for the purpose of performing
abortions.
    (c) The Department shall establish and maintain
tax-supported child welfare services and extend and seek to
improve voluntary services throughout the State, to the end
that services and care shall be available on an equal basis
throughout the State to children requiring such services.
    (d) The Director may authorize advance disbursements for
any new program initiative to any agency contracting with the
Department. As a prerequisite for an advance disbursement, the
contractor must post a surety bond in the amount of the advance
disbursement and have a purchase of service contract approved
by the Department. The Department may pay up to 2 months
operational expenses in advance. The amount of the advance
disbursement shall be prorated over the life of the contract or
the remaining months of the fiscal year, whichever is less, and
the installment amount shall then be deducted from future
bills. Advance disbursement authorizations for new initiatives
shall not be made to any agency after that agency has operated
during 2 consecutive fiscal years. The requirements of this
Section concerning advance disbursements shall not apply with
respect to the following: payments to local public agencies for
child day care services as authorized by Section 5a of this
Act; and youth service programs receiving grant funds under
Section 17a-4.
    (e) (Blank).
    (f) (Blank).
    (g) The Department shall establish rules and regulations
concerning its operation of programs designed to meet the goals
of child safety and protection, family preservation, family
reunification, and adoption, including but not limited to:
        (1) adoption;
        (2) foster care;
        (3) family counseling;
        (4) protective services;
        (5) (blank);
        (6) homemaker service;
        (7) return of runaway children;
        (8) (blank);
        (9) placement under Section 5-7 of the Juvenile Court
    Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile
    Court Act of 1987 in accordance with the federal Adoption
    Assistance and Child Welfare Act of 1980; and
        (10) interstate services.
    Rules and regulations established by the Department shall
include provisions for training Department staff and the staff
of Department grantees, through contracts with other agencies
or resources, in alcohol and drug abuse screening techniques
approved by the Department of Human Services, as a successor to
the Department of Alcoholism and Substance Abuse, for the
purpose of identifying children and adults who should be
referred to an alcohol and drug abuse treatment program for
professional evaluation.
    (h) If the Department finds that there is no appropriate
program or facility within or available to the Department for a
ward and that no licensed private facility has an adequate and
appropriate program or none agrees to accept the ward, the
Department shall create an appropriate individualized,
program-oriented plan for such ward. The plan may be developed
within the Department or through purchase of services by the
Department to the extent that it is within its statutory
authority to do.
    (i) Service programs shall be available throughout the
State and shall include but not be limited to the following
services:
        (1) case management;
        (2) homemakers;
        (3) counseling;
        (4) parent education;
        (5) day care; and
        (6) emergency assistance and advocacy.
    In addition, the following services may be made available
to assess and meet the needs of children and families:
        (1) comprehensive family-based services;
        (2) assessments;
        (3) respite care; and
        (4) in-home health services.
    The Department shall provide transportation for any of the
services it makes available to children or families or for
which it refers children or families.
    (j) The Department may provide categories of financial
assistance and education assistance grants, and shall
establish rules and regulations concerning the assistance and
grants, to persons who adopt children with physical or mental
disabilities, children who are older, or other hard-to-place
children who (i) immediately prior to their adoption were legal
wards of the Department or (ii) were determined eligible for
financial assistance with respect to a prior adoption and who
become available for adoption because the prior adoption has
been dissolved and the parental rights of the adoptive parents
have been terminated or because the child's adoptive parents
have died. The Department may continue to provide financial
assistance and education assistance grants for a child who was
determined eligible for financial assistance under this
subsection (j) in the interim period beginning when the child's
adoptive parents died and ending with the finalization of the
new adoption of the child by another adoptive parent or
parents. The Department may also provide categories of
financial assistance and education assistance grants, and
shall establish rules and regulations for the assistance and
grants, to persons appointed guardian of the person under
Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
4-25 or 5-740 of the Juvenile Court Act of 1987 for children
who were wards of the Department for 12 months immediately
prior to the appointment of the guardian.
    The amount of assistance may vary, depending upon the needs
of the child and the adoptive parents, as set forth in the
annual assistance agreement. Special purpose grants are
allowed where the child requires special service but such costs
may not exceed the amounts which similar services would cost
the Department if it were to provide or secure them as guardian
of the child.
    Any financial assistance provided under this subsection is
inalienable by assignment, sale, execution, attachment,
garnishment, or any other remedy for recovery or collection of
a judgment or debt.
    (j-5) The Department shall not deny or delay the placement
of a child for adoption if an approved family is available
either outside of the Department region handling the case, or
outside of the State of Illinois.
    (k) The Department shall accept for care and training any
child who has been adjudicated neglected or abused, or
dependent committed to it pursuant to the Juvenile Court Act or
the Juvenile Court Act of 1987.
    (l) The Department shall offer family preservation
services, as defined in Section 8.2 of the Abused and Neglected
Child Reporting Act, to help families, including adoptive and
extended families. Family preservation services shall be
offered (i) to prevent the placement of children in substitute
care when the children can be cared for at home or in the
custody of the person responsible for the children's welfare,
(ii) to reunite children with their families, or (iii) to
maintain an adoptive placement. Family preservation services
shall only be offered when doing so will not endanger the
children's health or safety. With respect to children who are
in substitute care pursuant to the Juvenile Court Act of 1987,
family preservation services shall not be offered if a goal
other than those of subdivisions (A), (B), or (B-1) of
subsection (2) of Section 2-28 of that Act has been set.
Nothing in this paragraph shall be construed to create a
private right of action or claim on the part of any individual
or child welfare agency, except that when a child is the
subject of an action under Article II of the Juvenile Court Act
of 1987 and the child's service plan calls for services to
facilitate achievement of the permanency goal, the court
hearing the action under Article II of the Juvenile Court Act
of 1987 may order the Department to provide the services set
out in the plan, if those services are not provided with
reasonable promptness and if those services are available.
    The Department shall notify the child and his family of the
Department's responsibility to offer and provide family
preservation services as identified in the service plan. The
child and his family shall be eligible for services as soon as
the report is determined to be "indicated". The Department may
offer services to any child or family with respect to whom a
report of suspected child abuse or neglect has been filed,
prior to concluding its investigation under Section 7.12 of the
Abused and Neglected Child Reporting Act. However, the child's
or family's willingness to accept services shall not be
considered in the investigation. The Department may also
provide services to any child or family who is the subject of
any report of suspected child abuse or neglect or may refer
such child or family to services available from other agencies
in the community, even if the report is determined to be
unfounded, if the conditions in the child's or family's home
are reasonably likely to subject the child or family to future
reports of suspected child abuse or neglect. Acceptance of such
services shall be voluntary. The Department may also provide
services to any child or family after completion of a family
assessment, as an alternative to an investigation, as provided
under the "differential response program" provided for in
subsection (a-5) of Section 7.4 of the Abused and Neglected
Child Reporting Act.
    The Department may, at its discretion except for those
children also adjudicated neglected or dependent, accept for
care and training any child who has been adjudicated addicted,
as a truant minor in need of supervision or as a minor
requiring authoritative intervention, under the Juvenile Court
Act or the Juvenile Court Act of 1987, but no such child shall
be committed to the Department by any court without the
approval of the Department. On and after the effective date of
this amendatory Act of the 98th General Assembly and before
January 1, 2017, a minor charged with a criminal offense under
the Criminal Code of 1961 or the Criminal Code of 2012 or
adjudicated delinquent shall not be placed in the custody of or
committed to the Department by any court, except (i) a minor
less than 16 years of age committed to the Department under
Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
for whom an independent basis of abuse, neglect, or dependency
exists, which must be defined by departmental rule, or (iii) a
minor for whom the court has granted a supplemental petition to
reinstate wardship pursuant to subsection (2) of Section 2-33
of the Juvenile Court Act of 1987. On and after January 1,
2017, a minor charged with a criminal offense under the
Criminal Code of 1961 or the Criminal Code of 2012 or
adjudicated delinquent shall not be placed in the custody of or
committed to the Department by any court, except (i) a minor
less than 15 years of age committed to the Department under
Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
for whom an independent basis of abuse, neglect, or dependency
exists, which must be defined by departmental rule, or (iii) a
minor for whom the court has granted a supplemental petition to
reinstate wardship pursuant to subsection (2) of Section 2-33
of the Juvenile Court Act of 1987. An independent basis exists
when the allegations or adjudication of abuse, neglect, or
dependency do not arise from the same facts, incident, or
circumstances which give rise to a charge or adjudication of
delinquency.
    As soon as is possible after August 7, 2009 (the effective
date of Public Act 96-134), the Department shall develop and
implement a special program of family preservation services to
support intact, foster, and adoptive families who are
experiencing extreme hardships due to the difficulty and stress
of caring for a child who has been diagnosed with a pervasive
developmental disorder if the Department determines that those
services are necessary to ensure the health and safety of the
child. The Department may offer services to any family whether
or not a report has been filed under the Abused and Neglected
Child Reporting Act. The Department may refer the child or
family to services available from other agencies in the
community if the conditions in the child's or family's home are
reasonably likely to subject the child or family to future
reports of suspected child abuse or neglect. Acceptance of
these services shall be voluntary. The Department shall develop
and implement a public information campaign to alert health and
social service providers and the general public about these
special family preservation services. The nature and scope of
the services offered and the number of families served under
the special program implemented under this paragraph shall be
determined by the level of funding that the Department annually
allocates for this purpose. The term "pervasive developmental
disorder" under this paragraph means a neurological condition,
including but not limited to, Asperger's Syndrome and autism,
as defined in the most recent edition of the Diagnostic and
Statistical Manual of Mental Disorders of the American
Psychiatric Association.
    (l-1) The legislature recognizes that the best interests of
the child require that the child be placed in the most
permanent living arrangement as soon as is practically
possible. To achieve this goal, the legislature directs the
Department of Children and Family Services to conduct
concurrent planning so that permanency may occur at the
earliest opportunity. Permanent living arrangements may
include prevention of placement of a child outside the home of
the family when the child can be cared for at home without
endangering the child's health or safety; reunification with
the family, when safe and appropriate, if temporary placement
is necessary; or movement of the child toward the most
permanent living arrangement and permanent legal status.
    When determining reasonable efforts to be made with respect
to a child, as described in this subsection, and in making such
reasonable efforts, the child's health and safety shall be the
paramount concern.
    When a child is placed in foster care, the Department shall
ensure and document that reasonable efforts were made to
prevent or eliminate the need to remove the child from the
child's home. The Department must make reasonable efforts to
reunify the family when temporary placement of the child occurs
unless otherwise required, pursuant to the Juvenile Court Act
of 1987. At any time after the dispositional hearing where the
Department believes that further reunification services would
be ineffective, it may request a finding from the court that
reasonable efforts are no longer appropriate. The Department is
not required to provide further reunification services after
such a finding.
    A decision to place a child in substitute care shall be
made with considerations of the child's health, safety, and
best interests. At the time of placement, consideration should
also be given so that if reunification fails or is delayed, the
placement made is the best available placement to provide
permanency for the child.
    The Department shall adopt rules addressing concurrent
planning for reunification and permanency. The Department
shall consider the following factors when determining
appropriateness of concurrent planning:
        (1) the likelihood of prompt reunification;
        (2) the past history of the family;
        (3) the barriers to reunification being addressed by
    the family;
        (4) the level of cooperation of the family;
        (5) the foster parents' willingness to work with the
    family to reunite;
        (6) the willingness and ability of the foster family to
    provide an adoptive home or long-term placement;
        (7) the age of the child;
        (8) placement of siblings.
    (m) The Department may assume temporary custody of any
child if:
        (1) it has received a written consent to such temporary
    custody signed by the parents of the child or by the parent
    having custody of the child if the parents are not living
    together or by the guardian or custodian of the child if
    the child is not in the custody of either parent, or
        (2) the child is found in the State and neither a
    parent, guardian nor custodian of the child can be located.
If the child is found in his or her residence without a parent,
guardian, custodian or responsible caretaker, the Department
may, instead of removing the child and assuming temporary
custody, place an authorized representative of the Department
in that residence until such time as a parent, guardian or
custodian enters the home and expresses a willingness and
apparent ability to ensure the child's health and safety and
resume permanent charge of the child, or until a relative
enters the home and is willing and able to ensure the child's
health and safety and assume charge of the child until a
parent, guardian or custodian enters the home and expresses
such willingness and ability to ensure the child's safety and
resume permanent charge. After a caretaker has remained in the
home for a period not to exceed 12 hours, the Department must
follow those procedures outlined in Section 2-9, 3-11, 4-8, or
5-415 of the Juvenile Court Act of 1987.
    The Department shall have the authority, responsibilities
and duties that a legal custodian of the child would have
pursuant to subsection (9) of Section 1-3 of the Juvenile Court
Act of 1987. Whenever a child is taken into temporary custody
pursuant to an investigation under the Abused and Neglected
Child Reporting Act, or pursuant to a referral and acceptance
under the Juvenile Court Act of 1987 of a minor in limited
custody, the Department, during the period of temporary custody
and before the child is brought before a judicial officer as
required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
Court Act of 1987, shall have the authority, responsibilities
and duties that a legal custodian of the child would have under
subsection (9) of Section 1-3 of the Juvenile Court Act of
1987.
    The Department shall ensure that any child taken into
custody is scheduled for an appointment for a medical
examination.
    A parent, guardian or custodian of a child in the temporary
custody of the Department who would have custody of the child
if he were not in the temporary custody of the Department may
deliver to the Department a signed request that the Department
surrender the temporary custody of the child. The Department
may retain temporary custody of the child for 10 days after the
receipt of the request, during which period the Department may
cause to be filed a petition pursuant to the Juvenile Court Act
of 1987. If a petition is so filed, the Department shall retain
temporary custody of the child until the court orders
otherwise. If a petition is not filed within the 10 day period,
the child shall be surrendered to the custody of the requesting
parent, guardian or custodian not later than the expiration of
the 10 day period, at which time the authority and duties of
the Department with respect to the temporary custody of the
child shall terminate.
    (m-1) The Department may place children under 18 years of
age in a secure child care facility licensed by the Department
that cares for children who are in need of secure living
arrangements for their health, safety, and well-being after a
determination is made by the facility director and the Director
or the Director's designate prior to admission to the facility
subject to Section 2-27.1 of the Juvenile Court Act of 1987.
This subsection (m-1) does not apply to a child who is subject
to placement in a correctional facility operated pursuant to
Section 3-15-2 of the Unified Code of Corrections, unless the
child is a ward who was placed under the care of the Department
before being subject to placement in a correctional facility
and a court of competent jurisdiction has ordered placement of
the child in a secure care facility.
    (n) The Department may place children under 18 years of age
in licensed child care facilities when in the opinion of the
Department, appropriate services aimed at family preservation
have been unsuccessful and cannot ensure the child's health and
safety or are unavailable and such placement would be for their
best interest. Payment for board, clothing, care, training and
supervision of any child placed in a licensed child care
facility may be made by the Department, by the parents or
guardians of the estates of those children, or by both the
Department and the parents or guardians, except that no
payments shall be made by the Department for any child placed
in a licensed child care facility for board, clothing, care,
training and supervision of such a child that exceed the
average per capita cost of maintaining and of caring for a
child in institutions for dependent or neglected children
operated by the Department. However, such restriction on
payments does not apply in cases where children require
specialized care and treatment for problems of severe emotional
disturbance, physical disability, social adjustment, or any
combination thereof and suitable facilities for the placement
of such children are not available at payment rates within the
limitations set forth in this Section. All reimbursements for
services delivered shall be absolutely inalienable by
assignment, sale, attachment, garnishment or otherwise.
    (n-1) The Department shall provide or authorize child
welfare services, aimed at assisting minors to achieve
sustainable self-sufficiency as independent adults, for any
minor eligible for the reinstatement of wardship pursuant to
subsection (2) of Section 2-33 of the Juvenile Court Act of
1987, whether or not such reinstatement is sought or allowed,
provided that the minor consents to such services and has not
yet attained the age of 21. The Department shall have
responsibility for the development and delivery of services
under this Section. An eligible youth may access services under
this Section through the Department of Children and Family
Services or by referral from the Department of Human Services.
Youth participating in services under this Section shall
cooperate with the assigned case manager in developing an
agreement identifying the services to be provided and how the
youth will increase skills to achieve self-sufficiency. A
homeless shelter is not considered appropriate housing for any
youth receiving child welfare services under this Section. The
Department shall continue child welfare services under this
Section to any eligible minor until the minor becomes 21 years
of age, no longer consents to participate, or achieves
self-sufficiency as identified in the minor's service plan. The
Department of Children and Family Services shall create clear,
readable notice of the rights of former foster youth to child
welfare services under this Section and how such services may
be obtained. The Department of Children and Family Services and
the Department of Human Services shall disseminate this
information statewide. The Department shall adopt regulations
describing services intended to assist minors in achieving
sustainable self-sufficiency as independent adults.
    (o) The Department shall establish an administrative
review and appeal process for children and families who request
or receive child welfare services from the Department. Children
who are wards of the Department and are placed by private child
welfare agencies, and foster families with whom those children
are placed, shall be afforded the same procedural and appeal
rights as children and families in the case of placement by the
Department, including the right to an initial review of a
private agency decision by that agency. The Department shall
insure that any private child welfare agency, which accepts
wards of the Department for placement, affords those rights to
children and foster families. The Department shall accept for
administrative review and an appeal hearing a complaint made by
(i) a child or foster family concerning a decision following an
initial review by a private child welfare agency or (ii) a
prospective adoptive parent who alleges a violation of
subsection (j-5) of this Section. An appeal of a decision
concerning a change in the placement of a child shall be
conducted in an expedited manner. A court determination that a
current foster home placement is necessary and appropriate
under Section 2-28 of the Juvenile Court Act of 1987 does not
constitute a judicial determination on the merits of an
administrative appeal, filed by a former foster parent,
involving a change of placement decision.
    (p) (Blank). There is hereby created the Department of
Children and Family Services Emergency Assistance Fund from
which the Department may provide special financial assistance
to families which are in economic crisis when such assistance
is not available through other public or private sources and
the assistance is deemed necessary to prevent dissolution of
the family unit or to reunite families which have been
separated due to child abuse and neglect. The Department shall
establish administrative rules specifying the criteria for
determining eligibility for and the amount and nature of
assistance to be provided. The Department may also enter into
written agreements with private and public social service
agencies to provide emergency financial services to families
referred by the Department. Special financial assistance
payments shall be available to a family no more than once
during each fiscal year and the total payments to a family may
not exceed $500 during a fiscal year.
    (q) The Department may receive and use, in their entirety,
for the benefit of children any gift, donation or bequest of
money or other property which is received on behalf of such
children, or any financial benefits to which such children are
or may become entitled while under the jurisdiction or care of
the Department.
    The Department shall set up and administer no-cost,
interest-bearing accounts in appropriate financial
institutions for children for whom the Department is legally
responsible and who have been determined eligible for Veterans'
Benefits, Social Security benefits, assistance allotments from
the armed forces, court ordered payments, parental voluntary
payments, Supplemental Security Income, Railroad Retirement
payments, Black Lung benefits, or other miscellaneous
payments. Interest earned by each account shall be credited to
the account, unless disbursed in accordance with this
subsection.
    In disbursing funds from children's accounts, the
Department shall:
        (1) Establish standards in accordance with State and
    federal laws for disbursing money from children's
    accounts. In all circumstances, the Department's
    "Guardianship Administrator" or his or her designee must
    approve disbursements from children's accounts. The
    Department shall be responsible for keeping complete
    records of all disbursements for each account for any
    purpose.
        (2) Calculate on a monthly basis the amounts paid from
    State funds for the child's board and care, medical care
    not covered under Medicaid, and social services; and
    utilize funds from the child's account, as covered by
    regulation, to reimburse those costs. Monthly,
    disbursements from all children's accounts, up to 1/12 of
    $13,000,000, shall be deposited by the Department into the
    General Revenue Fund and the balance over 1/12 of
    $13,000,000 into the DCFS Children's Services Fund.
        (3) Maintain any balance remaining after reimbursing
    for the child's costs of care, as specified in item (2).
    The balance shall accumulate in accordance with relevant
    State and federal laws and shall be disbursed to the child
    or his or her guardian, or to the issuing agency.
    (r) The Department shall promulgate regulations
encouraging all adoption agencies to voluntarily forward to the
Department or its agent names and addresses of all persons who
have applied for and have been approved for adoption of a
hard-to-place child or child with a disability and the names of
such children who have not been placed for adoption. A list of
such names and addresses shall be maintained by the Department
or its agent, and coded lists which maintain the
confidentiality of the person seeking to adopt the child and of
the child shall be made available, without charge, to every
adoption agency in the State to assist the agencies in placing
such children for adoption. The Department may delegate to an
agent its duty to maintain and make available such lists. The
Department shall ensure that such agent maintains the
confidentiality of the person seeking to adopt the child and of
the child.
    (s) The Department of Children and Family Services may
establish and implement a program to reimburse Department and
private child welfare agency foster parents licensed by the
Department of Children and Family Services for damages
sustained by the foster parents as a result of the malicious or
negligent acts of foster children, as well as providing third
party coverage for such foster parents with regard to actions
of foster children to other individuals. Such coverage will be
secondary to the foster parent liability insurance policy, if
applicable. The program shall be funded through appropriations
from the General Revenue Fund, specifically designated for such
purposes.
    (t) The Department shall perform home studies and
investigations and shall exercise supervision over visitation
as ordered by a court pursuant to the Illinois Marriage and
Dissolution of Marriage Act or the Adoption Act only if:
        (1) an order entered by an Illinois court specifically
    directs the Department to perform such services; and
        (2) the court has ordered one or both of the parties to
    the proceeding to reimburse the Department for its
    reasonable costs for providing such services in accordance
    with Department rules, or has determined that neither party
    is financially able to pay.
    The Department shall provide written notification to the
court of the specific arrangements for supervised visitation
and projected monthly costs within 60 days of the court order.
The Department shall send to the court information related to
the costs incurred except in cases where the court has
determined the parties are financially unable to pay. The court
may order additional periodic reports as appropriate.
    (u) In addition to other information that must be provided,
whenever the Department places a child with a prospective
adoptive parent or parents or in a licensed foster home, group
home, child care institution, or in a relative home, the
Department shall provide to the prospective adoptive parent or
parents or other caretaker:
        (1) available detailed information concerning the
    child's educational and health history, copies of
    immunization records (including insurance and medical card
    information), a history of the child's previous
    placements, if any, and reasons for placement changes
    excluding any information that identifies or reveals the
    location of any previous caretaker;
        (2) a copy of the child's portion of the client service
    plan, including any visitation arrangement, and all
    amendments or revisions to it as related to the child; and
        (3) information containing details of the child's
    individualized educational plan when the child is
    receiving special education services.
    The caretaker shall be informed of any known social or
behavioral information (including, but not limited to,
criminal background, fire setting, perpetuation of sexual
abuse, destructive behavior, and substance abuse) necessary to
care for and safeguard the children to be placed or currently
in the home. The Department may prepare a written summary of
the information required by this paragraph, which may be
provided to the foster or prospective adoptive parent in
advance of a placement. The foster or prospective adoptive
parent may review the supporting documents in the child's file
in the presence of casework staff. In the case of an emergency
placement, casework staff shall at least provide known
information verbally, if necessary, and must subsequently
provide the information in writing as required by this
subsection.
    The information described in this subsection shall be
provided in writing. In the case of emergency placements when
time does not allow prior review, preparation, and collection
of written information, the Department shall provide such
information as it becomes available. Within 10 business days
after placement, the Department shall obtain from the
prospective adoptive parent or parents or other caretaker a
signed verification of receipt of the information provided.
Within 10 business days after placement, the Department shall
provide to the child's guardian ad litem a copy of the
information provided to the prospective adoptive parent or
parents or other caretaker. The information provided to the
prospective adoptive parent or parents or other caretaker shall
be reviewed and approved regarding accuracy at the supervisory
level.
    (u-5) Effective July 1, 1995, only foster care placements
licensed as foster family homes pursuant to the Child Care Act
of 1969 shall be eligible to receive foster care payments from
the Department. Relative caregivers who, as of July 1, 1995,
were approved pursuant to approved relative placement rules
previously promulgated by the Department at 89 Ill. Adm. Code
335 and had submitted an application for licensure as a foster
family home may continue to receive foster care payments only
until the Department determines that they may be licensed as a
foster family home or that their application for licensure is
denied or until September 30, 1995, whichever occurs first.
    (v) The Department shall access criminal history record
information as defined in the Illinois Uniform Conviction
Information Act and information maintained in the adjudicatory
and dispositional record system as defined in Section 2605-355
of the Department of State Police Law (20 ILCS 2605/2605-355)
if the Department determines the information is necessary to
perform its duties under the Abused and Neglected Child
Reporting Act, the Child Care Act of 1969, and the Children and
Family Services Act. The Department shall provide for
interactive computerized communication and processing
equipment that permits direct on-line communication with the
Department of State Police's central criminal history data
repository. The Department shall comply with all certification
requirements and provide certified operators who have been
trained by personnel from the Department of State Police. In
addition, one Office of the Inspector General investigator
shall have training in the use of the criminal history
information access system and have access to the terminal. The
Department of Children and Family Services and its employees
shall abide by rules and regulations established by the
Department of State Police relating to the access and
dissemination of this information.
    (v-1) Prior to final approval for placement of a child, the
Department shall conduct a criminal records background check of
the prospective foster or adoptive parent, including
fingerprint-based checks of national crime information
databases. Final approval for placement shall not be granted if
the record check reveals a felony conviction for child abuse or
neglect, for spousal abuse, for a crime against children, or
for a crime involving violence, including rape, sexual assault,
or homicide, but not including other physical assault or
battery, or if there is a felony conviction for physical
assault, battery, or a drug-related offense committed within
the past 5 years.
    (v-2) Prior to final approval for placement of a child, the
Department shall check its child abuse and neglect registry for
information concerning prospective foster and adoptive
parents, and any adult living in the home. If any prospective
foster or adoptive parent or other adult living in the home has
resided in another state in the preceding 5 years, the
Department shall request a check of that other state's child
abuse and neglect registry.
    (w) Within 120 days of August 20, 1995 (the effective date
of Public Act 89-392), the Department shall prepare and submit
to the Governor and the General Assembly, a written plan for
the development of in-state licensed secure child care
facilities that care for children who are in need of secure
living arrangements for their health, safety, and well-being.
For purposes of this subsection, secure care facility shall
mean a facility that is designed and operated to ensure that
all entrances and exits from the facility, a building or a
distinct part of the building, are under the exclusive control
of the staff of the facility, whether or not the child has the
freedom of movement within the perimeter of the facility,
building, or distinct part of the building. The plan shall
include descriptions of the types of facilities that are needed
in Illinois; the cost of developing these secure care
facilities; the estimated number of placements; the potential
cost savings resulting from the movement of children currently
out-of-state who are projected to be returned to Illinois; the
necessary geographic distribution of these facilities in
Illinois; and a proposed timetable for development of such
facilities.
    (x) The Department shall conduct annual credit history
checks to determine the financial history of children placed
under its guardianship pursuant to the Juvenile Court Act of
1987. The Department shall conduct such credit checks starting
when a ward turns 12 years old and each year thereafter for the
duration of the guardianship as terminated pursuant to the
Juvenile Court Act of 1987. The Department shall determine if
financial exploitation of the child's personal information has
occurred. If financial exploitation appears to have taken place
or is presently ongoing, the Department shall notify the proper
law enforcement agency, the proper State's Attorney, or the
Attorney General.
    (y) Beginning on the effective date of this amendatory Act
of the 96th General Assembly, a child with a disability who
receives residential and educational services from the
Department shall be eligible to receive transition services in
accordance with Article 14 of the School Code from the age of
14.5 through age 21, inclusive, notwithstanding the child's
residential services arrangement. For purposes of this
subsection, "child with a disability" means a child with a
disability as defined by the federal Individuals with
Disabilities Education Improvement Act of 2004.
    (z) The Department shall access criminal history record
information as defined as "background information" in this
subsection and criminal history record information as defined
in the Illinois Uniform Conviction Information Act for each
Department employee or Department applicant. Each Department
employee or Department applicant shall submit his or her
fingerprints to the Department of State Police in the form and
manner prescribed by the Department of State Police. These
fingerprints shall be checked against the fingerprint records
now and hereafter filed in the Department of State Police and
the Federal Bureau of Investigation criminal history records
databases. The Department of State Police shall charge a fee
for conducting the criminal history record check, which shall
be deposited into the State Police Services Fund and shall not
exceed the actual cost of the record check. The Department of
State Police shall furnish, pursuant to positive
identification, all Illinois conviction information to the
Department of Children and Family Services.
    For purposes of this subsection:
    "Background information" means all of the following:
        (i) Upon the request of the Department of Children and
    Family Services, conviction information obtained from the
    Department of State Police as a result of a
    fingerprint-based criminal history records check of the
    Illinois criminal history records database and the Federal
    Bureau of Investigation criminal history records database
    concerning a Department employee or Department applicant.
        (ii) Information obtained by the Department of
    Children and Family Services after performing a check of
    the Department of State Police's Sex Offender Database, as
    authorized by Section 120 of the Sex Offender Community
    Notification Law, concerning a Department employee or
    Department applicant.
        (iii) Information obtained by the Department of
    Children and Family Services after performing a check of
    the Child Abuse and Neglect Tracking System (CANTS)
    operated and maintained by the Department.
    "Department employee" means a full-time or temporary
employee coded or certified within the State of Illinois
Personnel System.
    "Department applicant" means an individual who has
conditional Department full-time or part-time work, a
contractor, an individual used to replace or supplement staff,
an academic intern, a volunteer in Department offices or on
Department contracts, a work-study student, an individual or
entity licensed by the Department, or an unlicensed service
provider who works as a condition of a contract or an agreement
and whose work may bring the unlicensed service provider into
contact with Department clients or client records.
(Source: P.A. 98-249, eff. 1-1-14; 98-570, eff. 8-27-13;
98-756, eff. 7-16-14; 98-803, eff. 1-1-15; 99-143, eff.
7-27-15.)
 
    Section 5-15. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois is
amended by changing Section 605-800 as follows:
 
    (20 ILCS 605/605-800)  (was 20 ILCS 605/46.19a in part)
    Sec. 605-800. Training grants for skills in critical
demand.
    (a) Grants to provide training in fields affected by
critical demands for certain skills may be made as provided in
this Section.
    (b) The Director may make grants to eligible employers or
to other eligible entities on behalf of employers as authorized
in subsection (c) to provide training for employees in fields
for which there are critical demands for certain skills. No
participating employee may be an unauthorized alien, as defined
in 8 U.S.C. 1324a.
    (c) The Director may accept applications for training grant
funds and grant requests from: (i) entities sponsoring
multi-company eligible employee training projects as defined
in subsection (d), including business associations, strategic
business partnerships, institutions of secondary or higher
education, large manufacturers for supplier network companies,
federal Job Training Partnership Act administrative entities
or grant recipients, and labor organizations when those
projects will address common training needs identified by
participating companies; and (ii) individual employers that
are undertaking eligible employee training projects as defined
in subsection (d), including intermediaries and training
agents.
    (d) The Director may make grants to eligible applicants as
defined in subsection (c) for employee training projects that
include, but need not be limited to, one or more of the
following:
        (1) Training programs in response to new or changing
    technology being introduced in the workplace.
        (2) Job-linked training that offers special skills for
    career advancement or that is preparatory for, and leads
    directly to, jobs with definite career potential and
    long-term job security.
        (3) Training necessary to implement total quality
    management or improvement or both management and
    improvement systems within the workplace.
        (4) Training related to new machinery or equipment.
        (5) Training of employees of companies that are
    expanding into new markets or expanding exports from
    Illinois.
        (6) Basic, remedial, or both basic and remedial
    training of employees as a prerequisite for other
    vocational or technical skills training or as a condition
    for sustained employment.
        (7) Self-employment training of the unemployed and
    underemployed with comprehensive, competency-based
    instructional programs and services, entrepreneurial
    education and training initiatives for youth and adult
    learners in cooperation with the Illinois Institute for
    Entrepreneurial Education, training and education,
    conferences, workshops, and best practice information for
    local program operators of entrepreneurial education and
    self-employment training programs.
        (8) Other training activities or projects, or both
    training activities and projects, related to the support,
    development, or evaluation of job training programs,
    activities, and delivery systems, including training needs
    assessment and design.
    (e) Grants shall be made on the terms and conditions that
the Department shall determine. No grant made under subsection
(d), however, shall exceed 50% of the direct costs of all
approved training programs provided by the employer or the
employer's training agent or other entity as defined in
subsection (c). Under this Section, allowable costs include,
but are not limited to:
        (1) Administrative costs of tracking, documenting,
    reporting, and processing training funds or project costs.
        (2) Curriculum development.
        (3) Wages and fringe benefits of employees.
        (4) Training materials, including scrap product costs.
        (5) Trainee travel expenses.
        (6) Instructor costs, including wages, fringe
    benefits, tuition, and travel expenses.
        (7) Rent, purchase, or lease of training equipment.
        (8) Other usual and customary training costs.
    (f) The Department may conduct on-site grant monitoring
visits to verify trainee employment dates and wages and to
ensure that the grantee's financial management system is
structured to provide for accurate, current, and complete
disclosure of the financial results of the grant program in
accordance with all provisions, terms, and conditions
contained in the grant contract. Each applicant must, on
request by the Department, provide to the Department a
notarized certification signed and dated by a duly authorized
representative of the applicant, or that representative's
authorized designee, certifying that all participating
employees are employed at an Illinois facility and, for each
participating employee, stating the employee's name and
providing either (i) the employee's social security number or
(ii) a statement that the applicant has adequate written
verification that the employee is employed at an Illinois
facility. The Department may audit the accuracy of submissions.
Applicants sponsoring multi-company training grant programs
shall obtain information meeting the requirement of this
subsection from each participating company and provide it to
the Department upon request.
    (g) The Director may establish and collect a schedule of
charges from subgrantee entities and other system users under
federal job-training programs for participating in and
utilizing the Department's automated job-training program
information systems if the systems and the necessary
participation and utilization are requirements of the federal
job-training programs. All monies collected pursuant to this
subsection shall be deposited into the Federal Workforce
Training Title III Social Security and Employment Fund and may
be used, subject to appropriation by the General Assembly, only
for the purpose of financing the maintenance and operation of
the automated federal job-training information systems ,
except that any moneys that may be necessary to pay liabilities
outstanding as of June 30, 2000 shall be deposited into the
Federal Job-Training Information Systems Revolving Fund.
(Source: P.A. 96-171, eff. 8-10-09.)
 
    (20 ILCS 605/605-524 rep.)
    (20 ILCS 605/605-805 rep.)
    (20 ILCS 605/605-875 rep.)
    Section 5-16. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois is
amended by repealing Sections 605-524, 605-805, and 605-875.
 
    Section 5-20. The Corporate Headquarters Relocation Act is
amended by adding Section 45 as follows:
 
    (20 ILCS 611/45 new)
    Sec. 45. Repeal. This Act is repealed on October 1, 2016.
 
    (20 ILCS 662/45 rep.)
    Section 5-25. The Local Planning Technical Assistance Act
is amended by repealing Section 45.
 
    (20 ILCS 1305/10-30 rep.)
    Section 5-30. The Department of Human Services Act is
amended by repealing Section 10-30.
 
    Section 5-35. The Illinois Lottery Law is amended by
changing Sections 2, 7.2, 9, and 9.1 as follows:
 
    (20 ILCS 1605/2)  (from Ch. 120, par. 1152)
    Sec. 2. This Act is enacted to implement and establish
within the State a lottery to be conducted by the State through
the Department. The entire net proceeds of the Lottery are to
be used for the support of the State's Common School Fund,
except as provided in subsection (o) of Section 9.1 and
Sections 21.2, 21.5, 21.6, 21.7, 21.8, and 21.9. The General
Assembly finds that it is in the public interest for the
Department to conduct the functions of the Lottery with the
assistance of a private manager under a management agreement
overseen by the Department. The Department shall be accountable
to the General Assembly and the people of the State through a
comprehensive system of regulation, audits, reports, and
enduring operational oversight. The Department's ongoing
conduct of the Lottery through a management agreement with a
private manager shall act to promote and ensure the integrity,
security, honesty, and fairness of the Lottery's operation and
administration. It is the intent of the General Assembly that
the Department shall conduct the Lottery with the assistance of
a private manager under a management agreement at all times in
a manner consistent with 18 U.S.C. 1307(a)(1), 1307(b)(1),
1953(b)(4).
(Source: P.A. 98-649, eff. 6-16-14.)
 
    (20 ILCS 1605/7.2)  (from Ch. 120, par. 1157.2)
    Sec. 7.2. The rules and regulations of the Department may
include, but shall not be limited to, the following:
    (1) The types of lotteries to be conducted;
    (2) The price, or prices, of tickets or shares in the
lottery;
    (3) The numbers and sizes of the prizes on the winning
tickets or shares;
    (4) The manner of selecting the winning tickets or shares;
    (5) The manner of payment of prizes to the holders of
winning tickets or shares;
    (6) The frequency of the drawing or selections of winning
tickets or shares, without limitation;
    (7) Without limit to number, the type or types of locations
at which tickets or shares may be sold;
    (8) The method to be used in selling tickets or shares;
    (9) The manner and amount of compensation, if any, to be
paid licensed sales agents necessary to provide for the
adequate availability of tickets or shares to prospective
buyers and for the convenience of the public;
    (10) The apportionment of the total revenues accruing from
the sale of lottery tickets or shares and from all other
sources among (i) the payment of prizes to the holders of
winning tickets or shares, (ii) the payment of costs incurred
in the operation and administration of the lottery, including
the expenses of the Department and the costs resulting from any
contract or contracts entered into for promotional,
advertising or operational services or for the purchase or
lease of lottery equipment and materials, and (iii) for monthly
transfers to the Common School Fund. The net revenues accruing
from the sale of lottery tickets shall be determined by
deducting from total revenues the payments required by
paragraphs (i) and (ii) of this subsection.
    (11) Such other matters necessary or desirable for the
efficient and economical operation and administration of the
lottery and for the convenience of the purchasers of tickets or
shares and the holders of winning tickets or shares.
    Any rules and regulations of the Department with respect to
monthly transfers to the Common School Fund are subject to
Section 21.2.
(Source: P.A. 84-1128.)
 
    (20 ILCS 1605/9)  (from Ch. 120, par. 1159)
    Sec. 9. The Director, as administrative head of the
Department, shall direct and supervise all its administrative
and technical activities. In addition to the duties imposed
upon him elsewhere in this Act, it shall be the Director's
duty:
    a. To supervise and administer the operation of the lottery
in accordance with the provisions of this Act or such rules and
regulations of the Department adopted thereunder.
    b. To attend meetings of the Board or to appoint a designee
to attend in his stead.
    c. To employ and direct such personnel in accord with the
Personnel Code, as may be necessary to carry out the purposes
of this Act. In addition, the Director may by agreement secure
such services as he or she may deem necessary from any other
department, agency, or unit of the State government, and may
employ and compensate such consultants and technical
assistants as may be required and is otherwise permitted by
law.
    d. To license, in accordance with the provisions of
Sections 10 and 10.1 of this Act and the rules and regulations
of the Department adopted thereunder, as agents to sell lottery
tickets such persons as in his opinion will best serve the
public convenience and promote the sale of tickets or shares.
The Director may require a bond from every licensed agent, in
such amount as provided in the rules and regulations of the
Department. Every licensed agent shall prominently display his
license, or a copy thereof, as provided in the rules and
regulations of the Department.
    e. To suspend or revoke any license issued pursuant to this
Act or the rules and regulations promulgated by the Department
thereunder.
    f. To confer regularly as necessary or desirable and not
less than once every month with the Lottery Control Board on
the operation and administration of the Lottery; to make
available for inspection by the Board or any member of the
Board, upon request, all books, records, files, and other
information and documents of his office; to advise the Board
and recommend such rules and regulations and such other matters
as he deems necessary and advisable to improve the operation
and administration of the lottery.
    g. To enter into contracts for the operation of the
lottery, or any part thereof, and into contracts for the
promotion of the lottery on behalf of the Department with any
person, firm or corporation, to perform any of the functions
provided for in this Act or the rules and regulations
promulgated thereunder. The Department shall not expend State
funds on a contractual basis for such functions unless those
functions and expenditures are expressly authorized by the
General Assembly.
    h. To enter into an agreement or agreements with the
management of state lotteries operated pursuant to the laws of
other states for the purpose of creating and operating a
multi-state lottery game wherein a separate and distinct prize
pool would be combined to award larger prizes to the public
than could be offered by the several state lotteries,
individually. No tickets or shares offered in connection with a
multi-state lottery game shall be sold within the State of
Illinois, except those offered by and through the Department.
No such agreement shall purport to pledge the full faith and
credit of the State of Illinois, nor shall the Department
expend State funds on a contractual basis in connection with
any such game unless such expenditures are expressly authorized
by the General Assembly, provided, however, that in the event
of error or omission by the Illinois State Lottery in the
conduct of the game, as determined by the multi-state game
directors, the Department shall be authorized to pay a prize
winner or winners the lesser of a disputed prize or $1,000,000,
any such payment to be made solely from funds appropriated for
game prize purposes. The Department shall be authorized to
share in the ordinary operating expenses of any such
multi-state lottery game, from funds appropriated by the
General Assembly, and in the event the multi-state game control
offices are physically located within the State of Illinois,
the Department is authorized to advance start-up operating
costs not to exceed $150,000, subject to proportionate
reimbursement of such costs by the other participating state
lotteries. The Department shall be authorized to share
proportionately in the costs of establishing a liability
reserve fund from funds appropriated by the General Assembly.
The Department is authorized to transfer prize award funds
attributable to Illinois sales of multi-state lottery game
tickets to the multi-state control office, or its designated
depository, for deposit to such game pool account or accounts
as may be established by the multi-state game directors, the
records of which account or accounts shall be available at all
times for inspection in an audit by the Auditor General of
Illinois and any other auditors pursuant to the laws of the
State of Illinois. No multi-state game prize awarded to a
nonresident of Illinois, with respect to a ticket or share
purchased in a state other than the State of Illinois, shall be
deemed to be a prize awarded under this Act for the purpose of
taxation under the Illinois Income Tax Act. The Department
shall promulgate such rules as may be appropriate to implement
the provisions of this Section.
    i. To make a continuous study and investigation of (1) the
operation and the administration of similar laws which may be
in effect in other states or countries, (2) any literature on
the subject which from time to time may be published or
available, (3) any Federal laws which may affect the operation
of the lottery, and (4) the reaction of Illinois citizens to
existing and potential features of the lottery with a view to
recommending or effecting changes that will tend to serve the
purposes of this Act.
    j. To report monthly to the State Treasurer and the Lottery
Control Board a full and complete statement of lottery
revenues, prize disbursements and other expenses for each month
and the amounts to be transferred to the Common School Fund
pursuant to Section 7.2 or such other funds as are otherwise
authorized by Section 21.2 of this Act, and to make an annual
report, which shall include a full and complete statement of
lottery revenues, prize disbursements and other expenses, to
the Governor and the Board. All reports required by this
subsection shall be public and copies of all such reports shall
be sent to the Speaker of the House, the President of the
Senate, and the minority leaders of both houses.
(Source: P.A. 97-464, eff. 10-15-11; 98-499, eff. 8-16-13.)
 
    (20 ILCS 1605/9.1)
    Sec. 9.1. Private manager and management agreement.
    (a) As used in this Section:
    "Offeror" means a person or group of persons that responds
to a request for qualifications under this Section.
    "Request for qualifications" means all materials and
documents prepared by the Department to solicit the following
from offerors:
        (1) Statements of qualifications.
        (2) Proposals to enter into a management agreement,
    including the identity of any prospective vendor or vendors
    that the offeror intends to initially engage to assist the
    offeror in performing its obligations under the management
    agreement.
    "Final offer" means the last proposal submitted by an
offeror in response to the request for qualifications,
including the identity of any prospective vendor or vendors
that the offeror intends to initially engage to assist the
offeror in performing its obligations under the management
agreement.
    "Final offeror" means the offeror ultimately selected by
the Governor to be the private manager for the Lottery under
subsection (h) of this Section.
    (b) By September 15, 2010, the Governor shall select a
private manager for the total management of the Lottery with
integrated functions, such as lottery game design, supply of
goods and services, and advertising and as specified in this
Section.
    (c) Pursuant to the terms of this subsection, the
Department shall endeavor to expeditiously terminate the
existing contracts in support of the Lottery in effect on the
effective date of this amendatory Act of the 96th General
Assembly in connection with the selection of the private
manager. As part of its obligation to terminate these contracts
and select the private manager, the Department shall establish
a mutually agreeable timetable to transfer the functions of
existing contractors to the private manager so that existing
Lottery operations are not materially diminished or impaired
during the transition. To that end, the Department shall do the
following:
        (1) where such contracts contain a provision
    authorizing termination upon notice, the Department shall
    provide notice of termination to occur upon the mutually
    agreed timetable for transfer of functions;
        (2) upon the expiration of any initial term or renewal
    term of the current Lottery contracts, the Department shall
    not renew such contract for a term extending beyond the
    mutually agreed timetable for transfer of functions; or
        (3) in the event any current contract provides for
    termination of that contract upon the implementation of a
    contract with the private manager, the Department shall
    perform all necessary actions to terminate the contract on
    the date that coincides with the mutually agreed timetable
    for transfer of functions.
    If the contracts to support the current operation of the
Lottery in effect on the effective date of this amendatory Act
of the 96th General Assembly are not subject to termination as
provided for in this subsection (c), then the Department may
include a provision in the contract with the private manager
specifying a mutually agreeable methodology for incorporation.
    (c-5) The Department shall include provisions in the
management agreement whereby the private manager shall, for a
fee, and pursuant to a contract negotiated with the Department
(the "Employee Use Contract"), utilize the services of current
Department employees to assist in the administration and
operation of the Lottery. The Department shall be the employer
of all such bargaining unit employees assigned to perform such
work for the private manager, and such employees shall be State
employees, as defined by the Personnel Code. Department
employees shall operate under the same employment policies,
rules, regulations, and procedures, as other employees of the
Department. In addition, neither historical representation
rights under the Illinois Public Labor Relations Act, nor
existing collective bargaining agreements, shall be disturbed
by the management agreement with the private manager for the
management of the Lottery.
    (d) The management agreement with the private manager shall
include all of the following:
        (1) A term not to exceed 10 years, including any
    renewals.
        (2) A provision specifying that the Department:
            (A) shall exercise actual control over all
        significant business decisions;
            (A-5) has the authority to direct or countermand
        operating decisions by the private manager at any time;
            (B) has ready access at any time to information
        regarding Lottery operations;
            (C) has the right to demand and receive information
        from the private manager concerning any aspect of the
        Lottery operations at any time; and
            (D) retains ownership of all trade names,
        trademarks, and intellectual property associated with
        the Lottery.
        (3) A provision imposing an affirmative duty on the
    private manager to provide the Department with material
    information and with any information the private manager
    reasonably believes the Department would want to know to
    enable the Department to conduct the Lottery.
        (4) A provision requiring the private manager to
    provide the Department with advance notice of any operating
    decision that bears significantly on the public interest,
    including, but not limited to, decisions on the kinds of
    games to be offered to the public and decisions affecting
    the relative risk and reward of the games being offered, so
    the Department has a reasonable opportunity to evaluate and
    countermand that decision.
        (5) A provision providing for compensation of the
    private manager that may consist of, among other things, a
    fee for services and a performance based bonus as
    consideration for managing the Lottery, including terms
    that may provide the private manager with an increase in
    compensation if Lottery revenues grow by a specified
    percentage in a given year.
        (6) (Blank).
        (7) A provision requiring the deposit of all Lottery
    proceeds to be deposited into the State Lottery Fund except
    as otherwise provided in Section 20 of this Act.
        (8) A provision requiring the private manager to locate
    its principal office within the State.
        (8-5) A provision encouraging that at least 20% of the
    cost of contracts entered into for goods and services by
    the private manager in connection with its management of
    the Lottery, other than contracts with sales agents or
    technical advisors, be awarded to businesses that are a
    minority owned business, a female owned business, or a
    business owned by a person with disability, as those terms
    are defined in the Business Enterprise for Minorities,
    Females, and Persons with Disabilities Act.
        (9) A requirement that so long as the private manager
    complies with all the conditions of the agreement under the
    oversight of the Department, the private manager shall have
    the following duties and obligations with respect to the
    management of the Lottery:
            (A) The right to use equipment and other assets
        used in the operation of the Lottery.
            (B) The rights and obligations under contracts
        with retailers and vendors.
            (C) The implementation of a comprehensive security
        program by the private manager.
            (D) The implementation of a comprehensive system
        of internal audits.
            (E) The implementation of a program by the private
        manager to curb compulsive gambling by persons playing
        the Lottery.
            (F) A system for determining (i) the type of
        Lottery games, (ii) the method of selecting winning
        tickets, (iii) the manner of payment of prizes to
        holders of winning tickets, (iv) the frequency of
        drawings of winning tickets, (v) the method to be used
        in selling tickets, (vi) a system for verifying the
        validity of tickets claimed to be winning tickets,
        (vii) the basis upon which retailer commissions are
        established by the manager, and (viii) minimum
        payouts.
        (10) A requirement that advertising and promotion must
    be consistent with Section 7.8a of this Act.
        (11) A requirement that the private manager market the
    Lottery to those residents who are new, infrequent, or
    lapsed players of the Lottery, especially those who are
    most likely to make regular purchases on the Internet as
    permitted by law.
        (12) A code of ethics for the private manager's
    officers and employees.
        (13) A requirement that the Department monitor and
    oversee the private manager's practices and take action
    that the Department considers appropriate to ensure that
    the private manager is in compliance with the terms of the
    management agreement, while allowing the manager, unless
    specifically prohibited by law or the management
    agreement, to negotiate and sign its own contracts with
    vendors.
        (14) A provision requiring the private manager to
    periodically file, at least on an annual basis, appropriate
    financial statements in a form and manner acceptable to the
    Department.
        (15) Cash reserves requirements.
        (16) Procedural requirements for obtaining the prior
    approval of the Department when a management agreement or
    an interest in a management agreement is sold, assigned,
    transferred, or pledged as collateral to secure financing.
        (17) Grounds for the termination of the management
    agreement by the Department or the private manager.
        (18) Procedures for amendment of the agreement.
        (19) A provision requiring the private manager to
    engage in an open and competitive bidding process for any
    procurement having a cost in excess of $50,000 that is not
    a part of the private manager's final offer. The process
    shall favor the selection of a vendor deemed to have
    submitted a proposal that provides the Lottery with the
    best overall value. The process shall not be subject to the
    provisions of the Illinois Procurement Code, unless
    specifically required by the management agreement.
        (20) The transition of rights and obligations,
    including any associated equipment or other assets used in
    the operation of the Lottery, from the manager to any
    successor manager of the lottery, including the
    Department, following the termination of or foreclosure
    upon the management agreement.
        (21) Right of use of copyrights, trademarks, and
    service marks held by the Department in the name of the
    State. The agreement must provide that any use of them by
    the manager shall only be for the purpose of fulfilling its
    obligations under the management agreement during the term
    of the agreement.
        (22) The disclosure of any information requested by the
    Department to enable it to comply with the reporting
    requirements and information requests provided for under
    subsection (p) of this Section.
    (e) Notwithstanding any other law to the contrary, the
Department shall select a private manager through a competitive
request for qualifications process consistent with Section
20-35 of the Illinois Procurement Code, which shall take into
account:
        (1) the offeror's ability to market the Lottery to
    those residents who are new, infrequent, or lapsed players
    of the Lottery, especially those who are most likely to
    make regular purchases on the Internet;
        (2) the offeror's ability to address the State's
    concern with the social effects of gambling on those who
    can least afford to do so;
        (3) the offeror's ability to provide the most
    successful management of the Lottery for the benefit of the
    people of the State based on current and past business
    practices or plans of the offeror; and
        (4) the offeror's poor or inadequate past performance
    in servicing, equipping, operating or managing a lottery on
    behalf of Illinois, another State or foreign government and
    attracting persons who are not currently regular players of
    a lottery.
    (f) The Department may retain the services of an advisor or
advisors with significant experience in financial services or
the management, operation, and procurement of goods, services,
and equipment for a government-run lottery to assist in the
preparation of the terms of the request for qualifications and
selection of the private manager. Any prospective advisor
seeking to provide services under this subsection (f) shall
disclose any material business or financial relationship
during the past 3 years with any potential offeror, or with a
contractor or subcontractor presently providing goods,
services, or equipment to the Department to support the
Lottery. The Department shall evaluate the material business or
financial relationship of each prospective advisor. The
Department shall not select any prospective advisor with a
substantial business or financial relationship that the
Department deems to impair the objectivity of the services to
be provided by the prospective advisor. During the course of
the advisor's engagement by the Department, and for a period of
one year thereafter, the advisor shall not enter into any
business or financial relationship with any offeror or any
vendor identified to assist an offeror in performing its
obligations under the management agreement. Any advisor
retained by the Department shall be disqualified from being an
offeror. The Department shall not include terms in the request
for qualifications that provide a material advantage whether
directly or indirectly to any potential offeror, or any
contractor or subcontractor presently providing goods,
services, or equipment to the Department to support the
Lottery, including terms contained in previous responses to
requests for proposals or qualifications submitted to
Illinois, another State or foreign government when those terms
are uniquely associated with a particular potential offeror,
contractor, or subcontractor. The request for proposals
offered by the Department on December 22, 2008 as
"LOT08GAMESYS" and reference number "22016176" is declared
void.
    (g) The Department shall select at least 2 offerors as
finalists to potentially serve as the private manager no later
than August 9, 2010. Upon making preliminary selections, the
Department shall schedule a public hearing on the finalists'
proposals and provide public notice of the hearing at least 7
calendar days before the hearing. The notice must include all
of the following:
        (1) The date, time, and place of the hearing.
        (2) The subject matter of the hearing.
        (3) A brief description of the management agreement to
    be awarded.
        (4) The identity of the offerors that have been
    selected as finalists to serve as the private manager.
        (5) The address and telephone number of the Department.
    (h) At the public hearing, the Department shall (i) provide
sufficient time for each finalist to present and explain its
proposal to the Department and the Governor or the Governor's
designee, including an opportunity to respond to questions
posed by the Department, Governor, or designee and (ii) allow
the public and non-selected offerors to comment on the
presentations. The Governor or a designee shall attend the
public hearing. After the public hearing, the Department shall
have 14 calendar days to recommend to the Governor whether a
management agreement should be entered into with a particular
finalist. After reviewing the Department's recommendation, the
Governor may accept or reject the Department's recommendation,
and shall select a final offeror as the private manager by
publication of a notice in the Illinois Procurement Bulletin on
or before September 15, 2010. The Governor shall include in the
notice a detailed explanation and the reasons why the final
offeror is superior to other offerors and will provide
management services in a manner that best achieves the
objectives of this Section. The Governor shall also sign the
management agreement with the private manager.
    (i) Any action to contest the private manager selected by
the Governor under this Section must be brought within 7
calendar days after the publication of the notice of the
designation of the private manager as provided in subsection
(h) of this Section.
    (j) The Lottery shall remain, for so long as a private
manager manages the Lottery in accordance with provisions of
this Act, a Lottery conducted by the State, and the State shall
not be authorized to sell or transfer the Lottery to a third
party.
    (k) Any tangible personal property used exclusively in
connection with the lottery that is owned by the Department and
leased to the private manager shall be owned by the Department
in the name of the State and shall be considered to be public
property devoted to an essential public and governmental
function.
    (l) The Department may exercise any of its powers under
this Section or any other law as necessary or desirable for the
execution of the Department's powers under this Section.
    (m) Neither this Section nor any management agreement
entered into under this Section prohibits the General Assembly
from authorizing forms of gambling that are not in direct
competition with the Lottery.
    (n) The private manager shall be subject to a complete
investigation in the third, seventh, and tenth years of the
agreement (if the agreement is for a 10-year term) by the
Department in cooperation with the Auditor General to determine
whether the private manager has complied with this Section and
the management agreement. The private manager shall bear the
cost of an investigation or reinvestigation of the private
manager under this subsection.
    (o) The powers conferred by this Section are in addition
and supplemental to the powers conferred by any other law. If
any other law or rule is inconsistent with this Section,
including, but not limited to, provisions of the Illinois
Procurement Code, then this Section controls as to any
management agreement entered into under this Section. This
Section and any rules adopted under this Section contain full
and complete authority for a management agreement between the
Department and a private manager. No law, procedure,
proceeding, publication, notice, consent, approval, order, or
act by the Department or any other officer, Department, agency,
or instrumentality of the State or any political subdivision is
required for the Department to enter into a management
agreement under this Section. This Section contains full and
complete authority for the Department to approve any contracts
entered into by a private manager with a vendor providing
goods, services, or both goods and services to the private
manager under the terms of the management agreement, including
subcontractors of such vendors.
    Upon receipt of a written request from the Chief
Procurement Officer, the Department shall provide to the Chief
Procurement Officer a complete and un-redacted copy of the
management agreement or any contract that is subject to the
Department's approval authority under this subsection (o). The
Department shall provide a copy of the agreement or contract to
the Chief Procurement Officer in the time specified by the
Chief Procurement Officer in his or her written request, but no
later than 5 business days after the request is received by the
Department. The Chief Procurement Officer must retain any
portions of the management agreement or of any contract
designated by the Department as confidential, proprietary, or
trade secret information in complete confidence pursuant to
subsection (g) of Section 7 of the Freedom of Information Act.
The Department shall also provide the Chief Procurement Officer
with reasonable advance written notice of any contract that is
pending Department approval.
    Notwithstanding any other provision of this Section to the
contrary, the Chief Procurement Officer shall adopt
administrative rules, including emergency rules, to establish
a procurement process to select a successor private manager if
a private management agreement has been terminated. The
selection process shall at a minimum take into account the
criteria set forth in items (1) through (4) of subsection (e)
of this Section and may include provisions consistent with
subsections (f), (g), (h), and (i) of this Section. The Chief
Procurement Officer shall also implement and administer the
adopted selection process upon the termination of a private
management agreement. The Department, after the Chief
Procurement Officer certifies that the procurement process has
been followed in accordance with the rules adopted under this
subsection (o), shall select a final offeror as the private
manager and sign the management agreement with the private
manager.
    Except as provided in Sections 21.2, 21.5, 21.6, 21.7,
21.8, and 21.9, the Department shall distribute all proceeds of
lottery tickets and shares sold in the following priority and
manner:
        (1) The payment of prizes and retailer bonuses.
        (2) The payment of costs incurred in the operation and
    administration of the Lottery, including the payment of
    sums due to the private manager under the management
    agreement with the Department.
        (3) On the last day of each month or as soon thereafter
    as possible, the State Comptroller shall direct and the
    State Treasurer shall transfer from the State Lottery Fund
    to the Common School Fund an amount that is equal to the
    proceeds transferred in the corresponding month of fiscal
    year 2009, as adjusted for inflation, to the Common School
    Fund.
        (4) On or before the last day of each fiscal year,
    deposit any remaining proceeds, subject to payments under
    items (1), (2), and (3) into the Capital Projects Fund each
    fiscal year.
    (p) The Department shall be subject to the following
reporting and information request requirements:
        (1) the Department shall submit written quarterly
    reports to the Governor and the General Assembly on the
    activities and actions of the private manager selected
    under this Section;
        (2) upon request of the Chief Procurement Officer, the
    Department shall promptly produce information related to
    the procurement activities of the Department and the
    private manager requested by the Chief Procurement
    Officer; the Chief Procurement Officer must retain
    confidential, proprietary, or trade secret information
    designated by the Department in complete confidence
    pursuant to subsection (g) of Section 7 of the Freedom of
    Information Act; and
        (3) at least 30 days prior to the beginning of the
    Department's fiscal year, the Department shall prepare an
    annual written report on the activities of the private
    manager selected under this Section and deliver that report
    to the Governor and General Assembly.
(Source: P.A. 97-464, eff. 8-19-11; 98-463, eff. 8-16-13;
98-649, eff. 6-16-14.)
 
    (20 ILCS 1605/21.2 rep.)
    Section 5-40. The Illinois Lottery Law is amended by
repealing Section 21.2.
 
    (20 ILCS 1705/21.2 rep.)
    Section 5-45. The Mental Health and Developmental
Disabilities Administrative Act is amended by repealing
Section 21.2.
 
    Section 5-50. The Department of Professional Regulation
Law of the Civil Administrative Code of Illinois is amended by
changing Section 2105-15 as follows:
 
    (20 ILCS 2105/2105-15)
    Sec. 2105-15. General powers and duties.
    (a) The Department has, subject to the provisions of the
Civil Administrative Code of Illinois, the following powers and
duties:
        (1) To authorize examinations in English to ascertain
    the qualifications and fitness of applicants to exercise
    the profession, trade, or occupation for which the
    examination is held.
        (2) To prescribe rules and regulations for a fair and
    wholly impartial method of examination of candidates to
    exercise the respective professions, trades, or
    occupations.
        (3) To pass upon the qualifications of applicants for
    licenses, certificates, and authorities, whether by
    examination, by reciprocity, or by endorsement.
        (4) To prescribe rules and regulations defining, for
    the respective professions, trades, and occupations, what
    shall constitute a school, college, or university, or
    department of a university, or other institution,
    reputable and in good standing, and to determine the
    reputability and good standing of a school, college, or
    university, or department of a university, or other
    institution, reputable and in good standing, by reference
    to a compliance with those rules and regulations; provided,
    that no school, college, or university, or department of a
    university, or other institution that refuses admittance
    to applicants solely on account of race, color, creed, sex,
    sexual orientation, or national origin shall be considered
    reputable and in good standing.
        (5) To conduct hearings on proceedings to revoke,
    suspend, refuse to renew, place on probationary status, or
    take other disciplinary action as authorized in any
    licensing Act administered by the Department with regard to
    licenses, certificates, or authorities of persons
    exercising the respective professions, trades, or
    occupations and to revoke, suspend, refuse to renew, place
    on probationary status, or take other disciplinary action
    as authorized in any licensing Act administered by the
    Department with regard to those licenses, certificates, or
    authorities.
        The Department shall issue a monthly disciplinary
    report.
        The Department shall deny any license or renewal
    authorized by the Civil Administrative Code of Illinois to
    any person who has defaulted on an educational loan or
    scholarship provided by or guaranteed by the Illinois
    Student Assistance Commission or any governmental agency
    of this State; however, the Department may issue a license
    or renewal if the aforementioned persons have established a
    satisfactory repayment record as determined by the
    Illinois Student Assistance Commission or other
    appropriate governmental agency of this State.
    Additionally, beginning June 1, 1996, any license issued by
    the Department may be suspended or revoked if the
    Department, after the opportunity for a hearing under the
    appropriate licensing Act, finds that the licensee has
    failed to make satisfactory repayment to the Illinois
    Student Assistance Commission for a delinquent or
    defaulted loan. For the purposes of this Section,
    "satisfactory repayment record" shall be defined by rule.
        The Department shall refuse to issue or renew a license
    to, or shall suspend or revoke a license of, any person
    who, after receiving notice, fails to comply with a
    subpoena or warrant relating to a paternity or child
    support proceeding. However, the Department may issue a
    license or renewal upon compliance with the subpoena or
    warrant.
        The Department, without further process or hearings,
    shall revoke, suspend, or deny any license or renewal
    authorized by the Civil Administrative Code of Illinois to
    a person who is certified by the Department of Healthcare
    and Family Services (formerly Illinois Department of
    Public Aid) as being more than 30 days delinquent in
    complying with a child support order or who is certified by
    a court as being in violation of the Non-Support Punishment
    Act for more than 60 days. The Department may, however,
    issue a license or renewal if the person has established a
    satisfactory repayment record as determined by the
    Department of Healthcare and Family Services (formerly
    Illinois Department of Public Aid) or if the person is
    determined by the court to be in compliance with the
    Non-Support Punishment Act. The Department may implement
    this paragraph as added by Public Act 89-6 through the use
    of emergency rules in accordance with Section 5-45 of the
    Illinois Administrative Procedure Act. For purposes of the
    Illinois Administrative Procedure Act, the adoption of
    rules to implement this paragraph shall be considered an
    emergency and necessary for the public interest, safety,
    and welfare.
        (6) To transfer jurisdiction of any realty under the
    control of the Department to any other department of the
    State Government or to acquire or accept federal lands when
    the transfer, acquisition, or acceptance is advantageous
    to the State and is approved in writing by the Governor.
        (7) To formulate rules and regulations necessary for
    the enforcement of any Act administered by the Department.
        (8) To exchange with the Department of Healthcare and
    Family Services information that may be necessary for the
    enforcement of child support orders entered pursuant to the
    Illinois Public Aid Code, the Illinois Marriage and
    Dissolution of Marriage Act, the Non-Support of Spouse and
    Children Act, the Non-Support Punishment Act, the Revised
    Uniform Reciprocal Enforcement of Support Act, the Uniform
    Interstate Family Support Act, the Illinois Parentage Act
    of 1984, or the Illinois Parentage Act of 2015.
    Notwithstanding any provisions in this Code to the
    contrary, the Department of Professional Regulation shall
    not be liable under any federal or State law to any person
    for any disclosure of information to the Department of
    Healthcare and Family Services (formerly Illinois
    Department of Public Aid) under this paragraph (8) or for
    any other action taken in good faith to comply with the
    requirements of this paragraph (8).
        (8.5) To accept continuing education credit for
    mandated reporter training on how to recognize and report
    child abuse offered by the Department of Children and
    Family Services and completed by any person who holds a
    professional license issued by the Department and who is a
    mandated reporter under the Abused and Neglected Child
    Reporting Act. The Department shall adopt any rules
    necessary to implement this paragraph.
        (9) To perform other duties prescribed by law.
    (a-5) Except in cases involving default on an educational
loan or scholarship provided by or guaranteed by the Illinois
Student Assistance Commission or any governmental agency of
this State or in cases involving delinquency in complying with
a child support order or violation of the Non-Support
Punishment Act and notwithstanding anything that may appear in
any individual licensing Act or administrative rule, no person
or entity whose license, certificate, or authority has been
revoked as authorized in any licensing Act administered by the
Department may apply for restoration of that license,
certification, or authority until 3 years after the effective
date of the revocation.
    (b) (Blank). The Department may, when a fee is payable to
the Department for a wall certificate of registration provided
by the Department of Central Management Services, require that
portion of the payment for printing and distribution costs be
made directly or through the Department to the Department of
Central Management Services for deposit into the Paper and
Printing Revolving Fund. The remainder shall be deposited into
the General Revenue Fund.
    (c) For the purpose of securing and preparing evidence, and
for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities,
recoupment of investigative costs, and other activities
directed at suppressing the misuse and abuse of controlled
substances, including those activities set forth in Sections
504 and 508 of the Illinois Controlled Substances Act, the
Director and agents appointed and authorized by the Director
may expend sums from the Professional Regulation Evidence Fund
that the Director deems necessary from the amounts appropriated
for that purpose. Those sums may be advanced to the agent when
the Director deems that procedure to be in the public interest.
Sums for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities
and other activities as set forth in this Section shall be
advanced to the agent who is to make the purchase from the
Professional Regulation Evidence Fund on vouchers signed by the
Director. The Director and those agents are authorized to
maintain one or more commercial checking accounts with any
State banking corporation or corporations organized under or
subject to the Illinois Banking Act for the deposit and
withdrawal of moneys to be used for the purposes set forth in
this Section; provided, that no check may be written nor any
withdrawal made from any such account except upon the written
signatures of 2 persons designated by the Director to write
those checks and make those withdrawals. Vouchers for those
expenditures must be signed by the Director. All such
expenditures shall be audited by the Director, and the audit
shall be submitted to the Department of Central Management
Services for approval.
    (d) Whenever the Department is authorized or required by
law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment of
fees in conformance with the requirements of Section 2605-400
of the Department of State Police Law (20 ILCS 2605/2605-400),
the Department of State Police is authorized to furnish,
pursuant to positive identification, the information contained
in State files that is necessary to fulfill the request.
    (e) The provisions of this Section do not apply to private
business and vocational schools as defined by Section 15 of the
Private Business and Vocational Schools Act of 2012.
    (f) (Blank).
    (g) Notwithstanding anything that may appear in any
individual licensing statute or administrative rule, the
Department shall deny any license application or renewal
authorized under any licensing Act administered by the
Department to any person who has failed to file a return, or to
pay the tax, penalty, or interest shown in a filed return, or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois Department
of Revenue, until such time as the requirement of any such tax
Act are satisfied; however, the Department may issue a license
or renewal if the person has established a satisfactory
repayment record as determined by the Illinois Department of
Revenue. For the purpose of this Section, "satisfactory
repayment record" shall be defined by rule.
    In addition, a complaint filed with the Department by the
Illinois Department of Revenue that includes a certification,
signed by its Director or designee, attesting to the amount of
the unpaid tax liability or the years for which a return was
not filed, or both, is prima facie evidence of the licensee's
failure to comply with the tax laws administered by the
Illinois Department of Revenue. Upon receipt of that
certification, the Department shall, without a hearing,
immediately suspend all licenses held by the licensee.
Enforcement of the Department's order shall be stayed for 60
days. The Department shall provide notice of the suspension to
the licensee by mailing a copy of the Department's order by
certified and regular mail to the licensee's last known address
as registered with the Department. The notice shall advise the
licensee that the suspension shall be effective 60 days after
the issuance of the Department's order unless the Department
receives, from the licensee, a request for a hearing before the
Department to dispute the matters contained in the order.
    Any suspension imposed under this subsection (g) shall be
terminated by the Department upon notification from the
Illinois Department of Revenue that the licensee is in
compliance with all tax laws administered by the Illinois
Department of Revenue.
    The Department may promulgate rules for the administration
of this subsection (g).
    (h) The Department may grant the title "Retired", to be
used immediately adjacent to the title of a profession
regulated by the Department, to eligible retirees. For
individuals licensed under the Medical Practice Act of 1987,
the title "Retired" may be used in the profile required by the
Patients' Right to Know Act. The use of the title "Retired"
shall not constitute representation of current licensure,
registration, or certification. Any person without an active
license, registration, or certificate in a profession that
requires licensure, registration, or certification shall not
be permitted to practice that profession.
    (i) Within 180 days after December 23, 2009 (the effective
date of Public Act 96-852), the Department shall promulgate
rules which permit a person with a criminal record, who seeks a
license or certificate in an occupation for which a criminal
record is not expressly a per se bar, to apply to the
Department for a non-binding, advisory opinion to be provided
by the Board or body with the authority to issue the license or
certificate as to whether his or her criminal record would bar
the individual from the licensure or certification sought,
should the individual meet all other licensure requirements
including, but not limited to, the successful completion of the
relevant examinations.
(Source: P.A. 98-756, eff. 7-16-14; 98-850, eff. 1-1-15; 99-85,
eff. 1-1-16; 99-227, eff. 8-3-15; 99-330, eff. 8-10-15; revised
10-16-15.)
 
    (20 ILCS 2310/2310-371 rep.)
    (20 ILCS 2310/2310-392 rep.)
    Section 5-55. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by repealing Sections 2310-371 and 2310-392.
 
    (20 ILCS 2605/2605-555 rep.)
    Section 5-60. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by repealing
Section 2605-555.
 
    Section 5-65. The Department of Veterans Affairs Act is
amended by changing Section 2b as follows:
 
    (20 ILCS 2805/2b)  (from Ch. 126 1/2, par. 67b)
    Sec. 2b. Persian Gulf Conflict compensation Veterans Fund.
    (a) (Blank). There is created within the State Treasury a
fund to be known as the Persian Gulf Conflict Veterans Fund.
All moneys received from any income tax checkoff for the
Persian Gulf Conflict Veterans Fund as provided in Section 507H
of the Illinois Income Tax Act shall be deposited into the
fund.
    (b) All moneys in the Persian Gulf Conflict Veterans Fund,
together with any other excess amounts appropriated for bonus
payments to war veterans and peacetime crisis survivors as
allocated by the Department, shall be used to compensate
persons who served on active duty with the armed forces of the
United States on or after August 2, 1990. Every person who
served in the Persian Gulf Conflict is entitled to receive
compensation of $100, payable from funds appropriated for the
payments of bonuses to veterans, if the person:
        (1) was a resident of Illinois for at least 12 months
    immediately preceding his or her period of service;
        (2) is still in active service, is honorably separated
    or discharged from the service, has been furloughed to a
    reserve, or has been retired; and
        (3) has received the Southwest Asia Service Medal for
    service in the Persian Gulf Conflict.
    (c) The widow or widower, child or children, mother,
father, person standing in loco parentis, brothers and sisters,
in the order named, of any deceased person shall be paid the
compensation that the deceased person would be entitled to
receive under subsection (b) of this Act. Where the deceased
person would have qualified for compensation under subsection
(b) except for his or her death and his or her death was
connected with that service and resulted from that service
during the time specified in subsection (b), his or her
survivors, in the order named in this subsection, shall be paid
10 times the amount the deceased person would have received
under subsection (b).
    (d) The Department shall establish rules and regulations to
govern the provisions of this Section.
(Source: P.A. 87-119; 87-895; 88-11.)
 
    (20 ILCS 3520/Act rep.)
    Section 5-70. The Small Business Surety Bond Guaranty Act
is repealed.
 
    Section 5-80. The State Finance Act is amended by
reenacting and changing Section 5.399 and by changing Section
6p-3 as follows:
 
    (30 ILCS 105/5.399)
    Sec. 5.399. Clean Air Act CAA Permit Fund.
(Source: P.A. 89-235, eff. 8-4-95. Repealed by P.A. 95-331,
eff. 8-21-07.)
 
    (30 ILCS 105/6p-3)  (from Ch. 127, par. 142p3)
    Sec. 6p-3. (a) The State Surplus Property Revolving Fund
shall be initially financed by a transfer of funds from the
General Revenue Fund. Thereafter all fees and other monies
received by the Department of Central Management Services from
the sale or transfer of surplus or transferable property
pursuant to the "State Property Control Act" and "An Act to
create and establish a State Agency for Federal Surplus
Property, to prescribe its powers, duties and functions",
approved August 2, 1965, as amended, shall be paid into the
State Surplus Property Revolving Fund. Except as provided in
paragraph (e) of this Section, the money in this fund shall be
used by the Department of Central Management Services as
reimbursement for expenditures incurred in relation to the sale
of surplus or transferable property.
    (b) If at the end of the lapse period the balance in the
State Surplus Property Revolving Fund exceeds the amount of
$1,000,000, all monies in excess of that amount shall be
transferred and deposited into the General Revenue Fund.
    (c) Provided, however, that the fund established by this
Section shall contain a separate account for the deposit of all
proceeds resulting from the sale of Federal surplus property,
and the proceeds of this separate account shall be used solely
to reimburse the Department of Central Management Services for
expenditures incurred in relation to the sale of Federal
surplus property.
    (d) Any funds on deposit in the State Agency for Surplus
Property Utilization Fund on the effective date of this
amendatory Act of 1983 shall be transferred to the Federal
account of the State Surplus Property Revolving Fund.
    (e) (Blank). Revenues received from the sale of wastepaper
through paper recycling programs shall be placed into a
separate account in the Fund and shall be used to offset costs
to the Department of establishing and operating wastepaper
recycling programs. At the end of each calendar quarter, any
amounts in the separate account that have not been used or
designated for use shall be transferred to the Paper and
Printing Revolving Fund.
(Source: P.A. 97-722, eff. 6-29-12.)
 
    (30 ILCS 105/5.36 rep.)
    (30 ILCS 105/5.195 rep.)
    (30 ILCS 105/5.204 rep.)
    (30 ILCS 105/5.281 rep.)
    (30 ILCS 105/5.378 rep.)
    (30 ILCS 105/5.386 rep.)
    (30 ILCS 105/5.428 rep.)
    (30 ILCS 105/5.453 rep.)
    (30 ILCS 105/5.459 rep.)
    (30 ILCS 105/5.474 rep.)
    (30 ILCS 105/5.528 rep.)
    (30 ILCS 105/5.533 rep.)
    (30 ILCS 105/5.535 rep.)
    (30 ILCS 105/5.551 rep.)
    (30 ILCS 105/5.555 rep.)
    (30 ILCS 105/5.559 rep.)
    (30 ILCS 105/5.575 rep.)
    (30 ILCS 105/5.587 rep.)
    (30 ILCS 105/5.588 rep.)
    (30 ILCS 105/5.601 rep.)
    (30 ILCS 105/5.602 rep.)
    (30 ILCS 105/5.611 rep.)
    (30 ILCS 105/5.636 rep.)
    (30 ILCS 105/5.767 rep.)
    (30 ILCS 105/6p rep.)
    (30 ILCS 105/6q rep.)
    (30 ILCS 105/6z-42 rep.)
    (30 ILCS 105/6z-50 rep.)
    (30 ILCS 105/6z-53 rep.)
    (30 ILCS 105/8.7 rep.)
    (30 ILCS 105/8.16 rep.)
    (30 ILCS 105/8.51 rep.)
    Section 5-85. The State Finance Act is amended by repealing
Sections 5.36, 5.195, 5.204, 5.281, 5.378, 5.386, 5.428, 5.453,
5.459, 5.474, 5.528, 5.533, 5.535, 5.551, 5.555, 5.559, 5.575,
5.587, 5.588, 5.601, 5.602, 5.611, 5.636, 5.767, 6p, 6q, 6z-42,
6z-50, 6z-53, 8.7, 8.16, and 8.51.
 
    (35 ILCS 5/245 rep.)
    (35 ILCS 5/507V rep.)
    (35 ILCS 5/507X rep.)
    (35 ILCS 5/507Z rep.)
    (35 ILCS 5/507EE rep.)
    (35 ILCS 5/507MM rep.)
    (35 ILCS 5/507NN rep.)
    (35 ILCS 5/507RR rep.)
    (35 ILCS 5/507WW rep.)
    Section 5-90. The Illinois Income Tax Act is amended by
repealing Sections 245, 507V, 507X, 507Z, 507EE, 507MM, 507NN,
507RR, and 507WW.
 
    Section 5-95. The Use Tax Act is amended by changing
Section 9 as follows:
 
    (35 ILCS 105/9)  (from Ch. 120, par. 439.9)
    Sec. 9. Except as to motor vehicles, watercraft, aircraft,
and trailers that are required to be registered with an agency
of this State, each retailer required or authorized to collect
the tax imposed by this Act shall pay to the Department the
amount of such tax (except as otherwise provided) at the time
when he is required to file his return for the period during
which such tax was collected, less a discount of 2.1% prior to
January 1, 1990, and 1.75% on and after January 1, 1990, or $5
per calendar year, whichever is greater, which is allowed to
reimburse the retailer for expenses incurred in collecting the
tax, keeping records, preparing and filing returns, remitting
the tax and supplying data to the Department on request. In the
case of retailers who report and pay the tax on a transaction
by transaction basis, as provided in this Section, such
discount shall be taken with each such tax remittance instead
of when such retailer files his periodic return. The Department
may disallow the discount for retailers whose certificate of
registration is revoked at the time the return is filed, but
only if the Department's decision to revoke the certificate of
registration has become final. A retailer need not remit that
part of any tax collected by him to the extent that he is
required to remit and does remit the tax imposed by the
Retailers' Occupation Tax Act, with respect to the sale of the
same property.
    Where such tangible personal property is sold under a
conditional sales contract, or under any other form of sale
wherein the payment of the principal sum, or a part thereof, is
extended beyond the close of the period for which the return is
filed, the retailer, in collecting the tax (except as to motor
vehicles, watercraft, aircraft, and trailers that are required
to be registered with an agency of this State), may collect for
each tax return period, only the tax applicable to that part of
the selling price actually received during such tax return
period.
    Except as provided in this Section, on or before the
twentieth day of each calendar month, such retailer shall file
a return for the preceding calendar month. Such return shall be
filed on forms prescribed by the Department and shall furnish
such information as the Department may reasonably require.
    The Department may require returns to be filed on a
quarterly basis. If so required, a return for each calendar
quarter shall be filed on or before the twentieth day of the
calendar month following the end of such calendar quarter. The
taxpayer shall also file a return with the Department for each
of the first two months of each calendar quarter, on or before
the twentieth day of the following calendar month, stating:
        1. The name of the seller;
        2. The address of the principal place of business from
    which he engages in the business of selling tangible
    personal property at retail in this State;
        3. The total amount of taxable receipts received by him
    during the preceding calendar month from sales of tangible
    personal property by him during such preceding calendar
    month, including receipts from charge and time sales, but
    less all deductions allowed by law;
        4. The amount of credit provided in Section 2d of this
    Act;
        5. The amount of tax due;
        5-5. The signature of the taxpayer; and
        6. Such other reasonable information as the Department
    may require.
    If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the return shall be considered valid and any amount shown to be
due on the return shall be deemed assessed.
    Beginning October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000 or more shall make all
payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 1994, a taxpayer who has
an average monthly tax liability of $100,000 or more shall make
all payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 1995, a taxpayer who has
an average monthly tax liability of $50,000 or more shall make
all payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 2000, a taxpayer who has
an annual tax liability of $200,000 or more shall make all
payments required by rules of the Department by electronic
funds transfer. The term "annual tax liability" shall be the
sum of the taxpayer's liabilities under this Act, and under all
other State and local occupation and use tax laws administered
by the Department, for the immediately preceding calendar year.
The term "average monthly tax liability" means the sum of the
taxpayer's liabilities under this Act, and under all other
State and local occupation and use tax laws administered by the
Department, for the immediately preceding calendar year
divided by 12. Beginning on October 1, 2002, a taxpayer who has
a tax liability in the amount set forth in subsection (b) of
Section 2505-210 of the Department of Revenue Law shall make
all payments required by rules of the Department by electronic
funds transfer.
    Before August 1 of each year beginning in 1993, the
Department shall notify all taxpayers required to make payments
by electronic funds transfer. All taxpayers required to make
payments by electronic funds transfer shall make those payments
for a minimum of one year beginning on October 1.
    Any taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
    All taxpayers required to make payment by electronic funds
transfer and any taxpayers authorized to voluntarily make
payments by electronic funds transfer shall make those payments
in the manner authorized by the Department.
    The Department shall adopt such rules as are necessary to
effectuate a program of electronic funds transfer and the
requirements of this Section.
    Before October 1, 2000, if the taxpayer's average monthly
tax liability to the Department under this Act, the Retailers'
Occupation Tax Act, the Service Occupation Tax Act, the Service
Use Tax Act was $10,000 or more during the preceding 4 complete
calendar quarters, he shall file a return with the Department
each month by the 20th day of the month next following the
month during which such tax liability is incurred and shall
make payments to the Department on or before the 7th, 15th,
22nd and last day of the month during which such liability is
incurred. On and after October 1, 2000, if the taxpayer's
average monthly tax liability to the Department under this Act,
the Retailers' Occupation Tax Act, the Service Occupation Tax
Act, and the Service Use Tax Act was $20,000 or more during the
preceding 4 complete calendar quarters, he shall file a return
with the Department each month by the 20th day of the month
next following the month during which such tax liability is
incurred and shall make payment to the Department on or before
the 7th, 15th, 22nd and last day of the month during which such
liability is incurred. If the month during which such tax
liability is incurred began prior to January 1, 1985, each
payment shall be in an amount equal to 1/4 of the taxpayer's
actual liability for the month or an amount set by the
Department not to exceed 1/4 of the average monthly liability
of the taxpayer to the Department for the preceding 4 complete
calendar quarters (excluding the month of highest liability and
the month of lowest liability in such 4 quarter period). If the
month during which such tax liability is incurred begins on or
after January 1, 1985, and prior to January 1, 1987, each
payment shall be in an amount equal to 22.5% of the taxpayer's
actual liability for the month or 27.5% of the taxpayer's
liability for the same calendar month of the preceding year. If
the month during which such tax liability is incurred begins on
or after January 1, 1987, and prior to January 1, 1988, each
payment shall be in an amount equal to 22.5% of the taxpayer's
actual liability for the month or 26.25% of the taxpayer's
liability for the same calendar month of the preceding year. If
the month during which such tax liability is incurred begins on
or after January 1, 1988, and prior to January 1, 1989, or
begins on or after January 1, 1996, each payment shall be in an
amount equal to 22.5% of the taxpayer's actual liability for
the month or 25% of the taxpayer's liability for the same
calendar month of the preceding year. If the month during which
such tax liability is incurred begins on or after January 1,
1989, and prior to January 1, 1996, each payment shall be in an
amount equal to 22.5% of the taxpayer's actual liability for
the month or 25% of the taxpayer's liability for the same
calendar month of the preceding year or 100% of the taxpayer's
actual liability for the quarter monthly reporting period. The
amount of such quarter monthly payments shall be credited
against the final tax liability of the taxpayer's return for
that month. Before October 1, 2000, once applicable, the
requirement of the making of quarter monthly payments to the
Department shall continue until such taxpayer's average
monthly liability to the Department during the preceding 4
complete calendar quarters (excluding the month of highest
liability and the month of lowest liability) is less than
$9,000, or until such taxpayer's average monthly liability to
the Department as computed for each calendar quarter of the 4
preceding complete calendar quarter period is less than
$10,000. However, if a taxpayer can show the Department that a
substantial change in the taxpayer's business has occurred
which causes the taxpayer to anticipate that his average
monthly tax liability for the reasonably foreseeable future
will fall below the $10,000 threshold stated above, then such
taxpayer may petition the Department for change in such
taxpayer's reporting status. On and after October 1, 2000, once
applicable, the requirement of the making of quarter monthly
payments to the Department shall continue until such taxpayer's
average monthly liability to the Department during the
preceding 4 complete calendar quarters (excluding the month of
highest liability and the month of lowest liability) is less
than $19,000 or until such taxpayer's average monthly liability
to the Department as computed for each calendar quarter of the
4 preceding complete calendar quarter period is less than
$20,000. However, if a taxpayer can show the Department that a
substantial change in the taxpayer's business has occurred
which causes the taxpayer to anticipate that his average
monthly tax liability for the reasonably foreseeable future
will fall below the $20,000 threshold stated above, then such
taxpayer may petition the Department for a change in such
taxpayer's reporting status. The Department shall change such
taxpayer's reporting status unless it finds that such change is
seasonal in nature and not likely to be long term. If any such
quarter monthly payment is not paid at the time or in the
amount required by this Section, then the taxpayer shall be
liable for penalties and interest on the difference between the
minimum amount due and the amount of such quarter monthly
payment actually and timely paid, except insofar as the
taxpayer has previously made payments for that month to the
Department in excess of the minimum payments previously due as
provided in this Section. The Department shall make reasonable
rules and regulations to govern the quarter monthly payment
amount and quarter monthly payment dates for taxpayers who file
on other than a calendar monthly basis.
    If any such payment provided for in this Section exceeds
the taxpayer's liabilities under this Act, the Retailers'
Occupation Tax Act, the Service Occupation Tax Act and the
Service Use Tax Act, as shown by an original monthly return,
the Department shall issue to the taxpayer a credit memorandum
no later than 30 days after the date of payment, which
memorandum may be submitted by the taxpayer to the Department
in payment of tax liability subsequently to be remitted by the
taxpayer to the Department or be assigned by the taxpayer to a
similar taxpayer under this Act, the Retailers' Occupation Tax
Act, the Service Occupation Tax Act or the Service Use Tax Act,
in accordance with reasonable rules and regulations to be
prescribed by the Department, except that if such excess
payment is shown on an original monthly return and is made
after December 31, 1986, no credit memorandum shall be issued,
unless requested by the taxpayer. If no such request is made,
the taxpayer may credit such excess payment against tax
liability subsequently to be remitted by the taxpayer to the
Department under this Act, the Retailers' Occupation Tax Act,
the Service Occupation Tax Act or the Service Use Tax Act, in
accordance with reasonable rules and regulations prescribed by
the Department. If the Department subsequently determines that
all or any part of the credit taken was not actually due to the
taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall
be reduced by 2.1% or 1.75% of the difference between the
credit taken and that actually due, and the taxpayer shall be
liable for penalties and interest on such difference.
    If the retailer is otherwise required to file a monthly
return and if the retailer's average monthly tax liability to
the Department does not exceed $200, the Department may
authorize his returns to be filed on a quarter annual basis,
with the return for January, February, and March of a given
year being due by April 20 of such year; with the return for
April, May and June of a given year being due by July 20 of such
year; with the return for July, August and September of a given
year being due by October 20 of such year, and with the return
for October, November and December of a given year being due by
January 20 of the following year.
    If the retailer is otherwise required to file a monthly or
quarterly return and if the retailer's average monthly tax
liability to the Department does not exceed $50, the Department
may authorize his returns to be filed on an annual basis, with
the return for a given year being due by January 20 of the
following year.
    Such quarter annual and annual returns, as to form and
substance, shall be subject to the same requirements as monthly
returns.
    Notwithstanding any other provision in this Act concerning
the time within which a retailer may file his return, in the
case of any retailer who ceases to engage in a kind of business
which makes him responsible for filing returns under this Act,
such retailer shall file a final return under this Act with the
Department not more than one month after discontinuing such
business.
    In addition, with respect to motor vehicles, watercraft,
aircraft, and trailers that are required to be registered with
an agency of this State, every retailer selling this kind of
tangible personal property shall file, with the Department,
upon a form to be prescribed and supplied by the Department, a
separate return for each such item of tangible personal
property which the retailer sells, except that if, in the same
transaction, (i) a retailer of aircraft, watercraft, motor
vehicles or trailers transfers more than one aircraft,
watercraft, motor vehicle or trailer to another aircraft,
watercraft, motor vehicle or trailer retailer for the purpose
of resale or (ii) a retailer of aircraft, watercraft, motor
vehicles, or trailers transfers more than one aircraft,
watercraft, motor vehicle, or trailer to a purchaser for use as
a qualifying rolling stock as provided in Section 3-55 of this
Act, then that seller may report the transfer of all the
aircraft, watercraft, motor vehicles or trailers involved in
that transaction to the Department on the same uniform
invoice-transaction reporting return form. For purposes of
this Section, "watercraft" means a Class 2, Class 3, or Class 4
watercraft as defined in Section 3-2 of the Boat Registration
and Safety Act, a personal watercraft, or any boat equipped
with an inboard motor.
    The transaction reporting return in the case of motor
vehicles or trailers that are required to be registered with an
agency of this State, shall be the same document as the Uniform
Invoice referred to in Section 5-402 of the Illinois Vehicle
Code and must show the name and address of the seller; the name
and address of the purchaser; the amount of the selling price
including the amount allowed by the retailer for traded-in
property, if any; the amount allowed by the retailer for the
traded-in tangible personal property, if any, to the extent to
which Section 2 of this Act allows an exemption for the value
of traded-in property; the balance payable after deducting such
trade-in allowance from the total selling price; the amount of
tax due from the retailer with respect to such transaction; the
amount of tax collected from the purchaser by the retailer on
such transaction (or satisfactory evidence that such tax is not
due in that particular instance, if that is claimed to be the
fact); the place and date of the sale; a sufficient
identification of the property sold; such other information as
is required in Section 5-402 of the Illinois Vehicle Code, and
such other information as the Department may reasonably
require.
    The transaction reporting return in the case of watercraft
and aircraft must show the name and address of the seller; the
name and address of the purchaser; the amount of the selling
price including the amount allowed by the retailer for
traded-in property, if any; the amount allowed by the retailer
for the traded-in tangible personal property, if any, to the
extent to which Section 2 of this Act allows an exemption for
the value of traded-in property; the balance payable after
deducting such trade-in allowance from the total selling price;
the amount of tax due from the retailer with respect to such
transaction; the amount of tax collected from the purchaser by
the retailer on such transaction (or satisfactory evidence that
such tax is not due in that particular instance, if that is
claimed to be the fact); the place and date of the sale, a
sufficient identification of the property sold, and such other
information as the Department may reasonably require.
    Such transaction reporting return shall be filed not later
than 20 days after the date of delivery of the item that is
being sold, but may be filed by the retailer at any time sooner
than that if he chooses to do so. The transaction reporting
return and tax remittance or proof of exemption from the tax
that is imposed by this Act may be transmitted to the
Department by way of the State agency with which, or State
officer with whom, the tangible personal property must be
titled or registered (if titling or registration is required)
if the Department and such agency or State officer determine
that this procedure will expedite the processing of
applications for title or registration.
    With each such transaction reporting return, the retailer
shall remit the proper amount of tax due (or shall submit
satisfactory evidence that the sale is not taxable if that is
the case), to the Department or its agents, whereupon the
Department shall issue, in the purchaser's name, a tax receipt
(or a certificate of exemption if the Department is satisfied
that the particular sale is tax exempt) which such purchaser
may submit to the agency with which, or State officer with
whom, he must title or register the tangible personal property
that is involved (if titling or registration is required) in
support of such purchaser's application for an Illinois
certificate or other evidence of title or registration to such
tangible personal property.
    No retailer's failure or refusal to remit tax under this
Act precludes a user, who has paid the proper tax to the
retailer, from obtaining his certificate of title or other
evidence of title or registration (if titling or registration
is required) upon satisfying the Department that such user has
paid the proper tax (if tax is due) to the retailer. The
Department shall adopt appropriate rules to carry out the
mandate of this paragraph.
    If the user who would otherwise pay tax to the retailer
wants the transaction reporting return filed and the payment of
tax or proof of exemption made to the Department before the
retailer is willing to take these actions and such user has not
paid the tax to the retailer, such user may certify to the fact
of such delay by the retailer, and may (upon the Department
being satisfied of the truth of such certification) transmit
the information required by the transaction reporting return
and the remittance for tax or proof of exemption directly to
the Department and obtain his tax receipt or exemption
determination, in which event the transaction reporting return
and tax remittance (if a tax payment was required) shall be
credited by the Department to the proper retailer's account
with the Department, but without the 2.1% or 1.75% discount
provided for in this Section being allowed. When the user pays
the tax directly to the Department, he shall pay the tax in the
same amount and in the same form in which it would be remitted
if the tax had been remitted to the Department by the retailer.
    Where a retailer collects the tax with respect to the
selling price of tangible personal property which he sells and
the purchaser thereafter returns such tangible personal
property and the retailer refunds the selling price thereof to
the purchaser, such retailer shall also refund, to the
purchaser, the tax so collected from the purchaser. When filing
his return for the period in which he refunds such tax to the
purchaser, the retailer may deduct the amount of the tax so
refunded by him to the purchaser from any other use tax which
such retailer may be required to pay or remit to the
Department, as shown by such return, if the amount of the tax
to be deducted was previously remitted to the Department by
such retailer. If the retailer has not previously remitted the
amount of such tax to the Department, he is entitled to no
deduction under this Act upon refunding such tax to the
purchaser.
    Any retailer filing a return under this Section shall also
include (for the purpose of paying tax thereon) the total tax
covered by such return upon the selling price of tangible
personal property purchased by him at retail from a retailer,
but as to which the tax imposed by this Act was not collected
from the retailer filing such return, and such retailer shall
remit the amount of such tax to the Department when filing such
return.
    If experience indicates such action to be practicable, the
Department may prescribe and furnish a combination or joint
return which will enable retailers, who are required to file
returns hereunder and also under the Retailers' Occupation Tax
Act, to furnish all the return information required by both
Acts on the one form.
    Where the retailer has more than one business registered
with the Department under separate registration under this Act,
such retailer may not file each return that is due as a single
return covering all such registered businesses, but shall file
separate returns for each such registered business.
    Beginning January 1, 1990, each month the Department shall
pay into the State and Local Sales Tax Reform Fund, a special
fund in the State Treasury which is hereby created, the net
revenue realized for the preceding month from the 1% tax on
sales of food for human consumption which is to be consumed off
the premises where it is sold (other than alcoholic beverages,
soft drinks and food which has been prepared for immediate
consumption) and prescription and nonprescription medicines,
drugs, medical appliances and insulin, urine testing
materials, syringes and needles used by diabetics.
    Beginning January 1, 1990, each month the Department shall
pay into the County and Mass Transit District Fund 4% of the
net revenue realized for the preceding month from the 6.25%
general rate on the selling price of tangible personal property
which is purchased outside Illinois at retail from a retailer
and which is titled or registered by an agency of this State's
government.
    Beginning January 1, 1990, each month the Department shall
pay into the State and Local Sales Tax Reform Fund, a special
fund in the State Treasury, 20% of the net revenue realized for
the preceding month from the 6.25% general rate on the selling
price of tangible personal property, other than tangible
personal property which is purchased outside Illinois at retail
from a retailer and which is titled or registered by an agency
of this State's government.
    Beginning August 1, 2000, each month the Department shall
pay into the State and Local Sales Tax Reform Fund 100% of the
net revenue realized for the preceding month from the 1.25%
rate on the selling price of motor fuel and gasohol. Beginning
September 1, 2010, each month the Department shall pay into the
State and Local Sales Tax Reform Fund 100% of the net revenue
realized for the preceding month from the 1.25% rate on the
selling price of sales tax holiday items.
    Beginning January 1, 1990, each month the Department shall
pay into the Local Government Tax Fund 16% of the net revenue
realized for the preceding month from the 6.25% general rate on
the selling price of tangible personal property which is
purchased outside Illinois at retail from a retailer and which
is titled or registered by an agency of this State's
government.
    Beginning October 1, 2009, each month the Department shall
pay into the Capital Projects Fund an amount that is equal to
an amount estimated by the Department to represent 80% of the
net revenue realized for the preceding month from the sale of
candy, grooming and hygiene products, and soft drinks that had
been taxed at a rate of 1% prior to September 1, 2009 but that
are now taxed at 6.25%.
    Beginning July 1, 2011, each month the Department shall pay
into the Clean Air Act (CAA) Permit Fund 80% of the net revenue
realized for the preceding month from the 6.25% general rate on
the selling price of sorbents used in Illinois in the process
of sorbent injection as used to comply with the Environmental
Protection Act or the federal Clean Air Act, but the total
payment into the Clean Air Act (CAA) Permit Fund under this Act
and the Retailers' Occupation Tax Act shall not exceed
$2,000,000 in any fiscal year.
    Beginning July 1, 2013, each month the Department shall pay
into the Underground Storage Tank Fund from the proceeds
collected under this Act, the Service Use Tax Act, the Service
Occupation Tax Act, and the Retailers' Occupation Tax Act an
amount equal to the average monthly deficit in the Underground
Storage Tank Fund during the prior year, as certified annually
by the Illinois Environmental Protection Agency, but the total
payment into the Underground Storage Tank Fund under this Act,
the Service Use Tax Act, the Service Occupation Tax Act, and
the Retailers' Occupation Tax Act shall not exceed $18,000,000
in any State fiscal year. As used in this paragraph, the
"average monthly deficit" shall be equal to the difference
between the average monthly claims for payment by the fund and
the average monthly revenues deposited into the fund, excluding
payments made pursuant to this paragraph.
    Beginning July 1, 2015, of the remainder of the moneys
received by the Department under this Act, the Service Use Tax
Act, the Service Occupation Tax Act, and the Retailers'
Occupation Tax Act, each month the Department shall deposit
$500,000 into the State Crime Laboratory Fund.
    Of the remainder of the moneys received by the Department
pursuant to this Act, (a) 1.75% thereof shall be paid into the
Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
and after July 1, 1989, 3.8% thereof shall be paid into the
Build Illinois Fund; provided, however, that if in any fiscal
year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
may be, of the moneys received by the Department and required
to be paid into the Build Illinois Fund pursuant to Section 3
of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
Act, Section 9 of the Service Use Tax Act, and Section 9 of the
Service Occupation Tax Act, such Acts being hereinafter called
the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
may be, of moneys being hereinafter called the "Tax Act
Amount", and (2) the amount transferred to the Build Illinois
Fund from the State and Local Sales Tax Reform Fund shall be
less than the Annual Specified Amount (as defined in Section 3
of the Retailers' Occupation Tax Act), an amount equal to the
difference shall be immediately paid into the Build Illinois
Fund from other moneys received by the Department pursuant to
the Tax Acts; and further provided, that if on the last
business day of any month the sum of (1) the Tax Act Amount
required to be deposited into the Build Illinois Bond Account
in the Build Illinois Fund during such month and (2) the amount
transferred during such month to the Build Illinois Fund from
the State and Local Sales Tax Reform Fund shall have been less
than 1/12 of the Annual Specified Amount, an amount equal to
the difference shall be immediately paid into the Build
Illinois Fund from other moneys received by the Department
pursuant to the Tax Acts; and, further provided, that in no
event shall the payments required under the preceding proviso
result in aggregate payments into the Build Illinois Fund
pursuant to this clause (b) for any fiscal year in excess of
the greater of (i) the Tax Act Amount or (ii) the Annual
Specified Amount for such fiscal year; and, further provided,
that the amounts payable into the Build Illinois Fund under
this clause (b) shall be payable only until such time as the
aggregate amount on deposit under each trust indenture securing
Bonds issued and outstanding pursuant to the Build Illinois
Bond Act is sufficient, taking into account any future
investment income, to fully provide, in accordance with such
indenture, for the defeasance of or the payment of the
principal of, premium, if any, and interest on the Bonds
secured by such indenture and on any Bonds expected to be
issued thereafter and all fees and costs payable with respect
thereto, all as certified by the Director of the Bureau of the
Budget (now Governor's Office of Management and Budget). If on
the last business day of any month in which Bonds are
outstanding pursuant to the Build Illinois Bond Act, the
aggregate of the moneys deposited in the Build Illinois Bond
Account in the Build Illinois Fund in such month shall be less
than the amount required to be transferred in such month from
the Build Illinois Bond Account to the Build Illinois Bond
Retirement and Interest Fund pursuant to Section 13 of the
Build Illinois Bond Act, an amount equal to such deficiency
shall be immediately paid from other moneys received by the
Department pursuant to the Tax Acts to the Build Illinois Fund;
provided, however, that any amounts paid to the Build Illinois
Fund in any fiscal year pursuant to this sentence shall be
deemed to constitute payments pursuant to clause (b) of the
preceding sentence and shall reduce the amount otherwise
payable for such fiscal year pursuant to clause (b) of the
preceding sentence. The moneys received by the Department
pursuant to this Act and required to be deposited into the
Build Illinois Fund are subject to the pledge, claim and charge
set forth in Section 12 of the Build Illinois Bond Act.
    Subject to payment of amounts into the Build Illinois Fund
as provided in the preceding paragraph or in any amendment
thereto hereafter enacted, the following specified monthly
installment of the amount requested in the certificate of the
Chairman of the Metropolitan Pier and Exposition Authority
provided under Section 8.25f of the State Finance Act, but not
in excess of the sums designated as "Total Deposit", shall be
deposited in the aggregate from collections under Section 9 of
the Use Tax Act, Section 9 of the Service Use Tax Act, Section
9 of the Service Occupation Tax Act, and Section 3 of the
Retailers' Occupation Tax Act into the McCormick Place
Expansion Project Fund in the specified fiscal years.
Fiscal YearTotal Deposit
1993         $0
1994 53,000,000
1995 58,000,000
1996 61,000,000
1997 64,000,000
1998 68,000,000
1999 71,000,000
2000 75,000,000
2001 80,000,000
2002 93,000,000
2003 99,000,000
2004103,000,000
2005108,000,000
2006113,000,000
2007119,000,000
2008126,000,000
2009132,000,000
2010139,000,000
2011146,000,000
2012153,000,000
2013161,000,000
2014170,000,000
2015179,000,000
2016189,000,000
2017199,000,000
2018210,000,000
2019221,000,000
2020233,000,000
2021246,000,000
2022260,000,000
2023275,000,000
2024 275,000,000
2025 275,000,000
2026 279,000,000
2027 292,000,000
2028 307,000,000
2029 322,000,000
2030 338,000,000
2031 350,000,000
2032 350,000,000
and
each fiscal year
thereafter that bonds
are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority Act,
but not after fiscal year 2060.
    Beginning July 20, 1993 and in each month of each fiscal
year thereafter, one-eighth of the amount requested in the
certificate of the Chairman of the Metropolitan Pier and
Exposition Authority for that fiscal year, less the amount
deposited into the McCormick Place Expansion Project Fund by
the State Treasurer in the respective month under subsection
(g) of Section 13 of the Metropolitan Pier and Exposition
Authority Act, plus cumulative deficiencies in the deposits
required under this Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project
Fund, until the full amount requested for the fiscal year, but
not in excess of the amount specified above as "Total Deposit",
has been deposited.
    Subject to payment of amounts into the Build Illinois Fund
and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter
enacted, beginning July 1, 1993 and ending on September 30,
2013, the Department shall each month pay into the Illinois Tax
Increment Fund 0.27% of 80% of the net revenue realized for the
preceding month from the 6.25% general rate on the selling
price of tangible personal property.
    Subject to payment of amounts into the Build Illinois Fund
and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter
enacted, beginning with the receipt of the first report of
taxes paid by an eligible business and continuing for a 25-year
period, the Department shall each month pay into the Energy
Infrastructure Fund 80% of the net revenue realized from the
6.25% general rate on the selling price of Illinois-mined coal
that was sold to an eligible business. For purposes of this
paragraph, the term "eligible business" means a new electric
generating facility certified pursuant to Section 605-332 of
the Department of Commerce and Economic Opportunity Law of the
Civil Administrative Code of Illinois.
    Subject to payment of amounts into the Build Illinois Fund,
the McCormick Place Expansion Project Fund, the Illinois Tax
Increment Fund, and the Energy Infrastructure Fund pursuant to
the preceding paragraphs or in any amendments to this Section
hereafter enacted, beginning on the first day of the first
calendar month to occur on or after the effective date of this
amendatory Act of the 98th General Assembly, each month, from
the collections made under Section 9 of the Use Tax Act,
Section 9 of the Service Use Tax Act, Section 9 of the Service
Occupation Tax Act, and Section 3 of the Retailers' Occupation
Tax Act, the Department shall pay into the Tax Compliance and
Administration Fund, to be used, subject to appropriation, to
fund additional auditors and compliance personnel at the
Department of Revenue, an amount equal to 1/12 of 5% of 80% of
the cash receipts collected during the preceding fiscal year by
the Audit Bureau of the Department under the Use Tax Act, the
Service Use Tax Act, the Service Occupation Tax Act, the
Retailers' Occupation Tax Act, and associated local occupation
and use taxes administered by the Department.
    Of the remainder of the moneys received by the Department
pursuant to this Act, 75% thereof shall be paid into the State
Treasury and 25% shall be reserved in a special account and
used only for the transfer to the Common School Fund as part of
the monthly transfer from the General Revenue Fund in
accordance with Section 8a of the State Finance Act.
    As soon as possible after the first day of each month, upon
certification of the Department of Revenue, the Comptroller
shall order transferred and the Treasurer shall transfer from
the General Revenue Fund to the Motor Fuel Tax Fund an amount
equal to 1.7% of 80% of the net revenue realized under this Act
for the second preceding month. Beginning April 1, 2000, this
transfer is no longer required and shall not be made.
    Net revenue realized for a month shall be the revenue
collected by the State pursuant to this Act, less the amount
paid out during that month as refunds to taxpayers for
overpayment of liability.
    For greater simplicity of administration, manufacturers,
importers and wholesalers whose products are sold at retail in
Illinois by numerous retailers, and who wish to do so, may
assume the responsibility for accounting and paying to the
Department all tax accruing under this Act with respect to such
sales, if the retailers who are affected do not make written
objection to the Department to this arrangement.
(Source: P.A. 98-24, eff. 6-19-13; 98-109, eff. 7-25-13;
98-496, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1098, eff.
8-26-14; 99-352, eff. 8-12-15.)
 
    Section 5-100. The Retailers' Occupation Tax Act is amended
by changing Section 3 as follows:
 
    (35 ILCS 120/3)  (from Ch. 120, par. 442)
    Sec. 3. Except as provided in this Section, on or before
the twentieth day of each calendar month, every person engaged
in the business of selling tangible personal property at retail
in this State during the preceding calendar month shall file a
return with the Department, stating:
        1. The name of the seller;
        2. His residence address and the address of his
    principal place of business and the address of the
    principal place of business (if that is a different
    address) from which he engages in the business of selling
    tangible personal property at retail in this State;
        3. Total amount of receipts received by him during the
    preceding calendar month or quarter, as the case may be,
    from sales of tangible personal property, and from services
    furnished, by him during such preceding calendar month or
    quarter;
        4. Total amount received by him during the preceding
    calendar month or quarter on charge and time sales of
    tangible personal property, and from services furnished,
    by him prior to the month or quarter for which the return
    is filed;
        5. Deductions allowed by law;
        6. Gross receipts which were received by him during the
    preceding calendar month or quarter and upon the basis of
    which the tax is imposed;
        7. The amount of credit provided in Section 2d of this
    Act;
        8. The amount of tax due;
        9. The signature of the taxpayer; and
        10. Such other reasonable information as the
    Department may require.
    If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the return shall be considered valid and any amount shown to be
due on the return shall be deemed assessed.
    Each return shall be accompanied by the statement of
prepaid tax issued pursuant to Section 2e for which credit is
claimed.
    Prior to October 1, 2003, and on and after September 1,
2004 a retailer may accept a Manufacturer's Purchase Credit
certification from a purchaser in satisfaction of Use Tax as
provided in Section 3-85 of the Use Tax Act if the purchaser
provides the appropriate documentation as required by Section
3-85 of the Use Tax Act. A Manufacturer's Purchase Credit
certification, accepted by a retailer prior to October 1, 2003
and on and after September 1, 2004 as provided in Section 3-85
of the Use Tax Act, may be used by that retailer to satisfy
Retailers' Occupation Tax liability in the amount claimed in
the certification, not to exceed 6.25% of the receipts subject
to tax from a qualifying purchase. A Manufacturer's Purchase
Credit reported on any original or amended return filed under
this Act after October 20, 2003 for reporting periods prior to
September 1, 2004 shall be disallowed. Manufacturer's
Purchaser Credit reported on annual returns due on or after
January 1, 2005 will be disallowed for periods prior to
September 1, 2004. No Manufacturer's Purchase Credit may be
used after September 30, 2003 through August 31, 2004 to
satisfy any tax liability imposed under this Act, including any
audit liability.
    The Department may require returns to be filed on a
quarterly basis. If so required, a return for each calendar
quarter shall be filed on or before the twentieth day of the
calendar month following the end of such calendar quarter. The
taxpayer shall also file a return with the Department for each
of the first two months of each calendar quarter, on or before
the twentieth day of the following calendar month, stating:
        1. The name of the seller;
        2. The address of the principal place of business from
    which he engages in the business of selling tangible
    personal property at retail in this State;
        3. The total amount of taxable receipts received by him
    during the preceding calendar month from sales of tangible
    personal property by him during such preceding calendar
    month, including receipts from charge and time sales, but
    less all deductions allowed by law;
        4. The amount of credit provided in Section 2d of this
    Act;
        5. The amount of tax due; and
        6. Such other reasonable information as the Department
    may require.
    Beginning on October 1, 2003, any person who is not a
licensed distributor, importing distributor, or manufacturer,
as defined in the Liquor Control Act of 1934, but is engaged in
the business of selling, at retail, alcoholic liquor shall file
a statement with the Department of Revenue, in a format and at
a time prescribed by the Department, showing the total amount
paid for alcoholic liquor purchased during the preceding month
and such other information as is reasonably required by the
Department. The Department may adopt rules to require that this
statement be filed in an electronic or telephonic format. Such
rules may provide for exceptions from the filing requirements
of this paragraph. For the purposes of this paragraph, the term
"alcoholic liquor" shall have the meaning prescribed in the
Liquor Control Act of 1934.
    Beginning on October 1, 2003, every distributor, importing
distributor, and manufacturer of alcoholic liquor as defined in
the Liquor Control Act of 1934, shall file a statement with the
Department of Revenue, no later than the 10th day of the month
for the preceding month during which transactions occurred, by
electronic means, showing the total amount of gross receipts
from the sale of alcoholic liquor sold or distributed during
the preceding month to purchasers; identifying the purchaser to
whom it was sold or distributed; the purchaser's tax
registration number; and such other information reasonably
required by the Department. A distributor, importing
distributor, or manufacturer of alcoholic liquor must
personally deliver, mail, or provide by electronic means to
each retailer listed on the monthly statement a report
containing a cumulative total of that distributor's, importing
distributor's, or manufacturer's total sales of alcoholic
liquor to that retailer no later than the 10th day of the month
for the preceding month during which the transaction occurred.
The distributor, importing distributor, or manufacturer shall
notify the retailer as to the method by which the distributor,
importing distributor, or manufacturer will provide the sales
information. If the retailer is unable to receive the sales
information by electronic means, the distributor, importing
distributor, or manufacturer shall furnish the sales
information by personal delivery or by mail. For purposes of
this paragraph, the term "electronic means" includes, but is
not limited to, the use of a secure Internet website, e-mail,
or facsimile.
    If a total amount of less than $1 is payable, refundable or
creditable, such amount shall be disregarded if it is less than
50 cents and shall be increased to $1 if it is 50 cents or more.
    Beginning October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000 or more shall make all
payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 1994, a taxpayer who has
an average monthly tax liability of $100,000 or more shall make
all payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 1995, a taxpayer who has
an average monthly tax liability of $50,000 or more shall make
all payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 2000, a taxpayer who has
an annual tax liability of $200,000 or more shall make all
payments required by rules of the Department by electronic
funds transfer. The term "annual tax liability" shall be the
sum of the taxpayer's liabilities under this Act, and under all
other State and local occupation and use tax laws administered
by the Department, for the immediately preceding calendar year.
The term "average monthly tax liability" shall be the sum of
the taxpayer's liabilities under this Act, and under all other
State and local occupation and use tax laws administered by the
Department, for the immediately preceding calendar year
divided by 12. Beginning on October 1, 2002, a taxpayer who has
a tax liability in the amount set forth in subsection (b) of
Section 2505-210 of the Department of Revenue Law shall make
all payments required by rules of the Department by electronic
funds transfer.
    Before August 1 of each year beginning in 1993, the
Department shall notify all taxpayers required to make payments
by electronic funds transfer. All taxpayers required to make
payments by electronic funds transfer shall make those payments
for a minimum of one year beginning on October 1.
    Any taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer
with the permission of the Department.
    All taxpayers required to make payment by electronic funds
transfer and any taxpayers authorized to voluntarily make
payments by electronic funds transfer shall make those payments
in the manner authorized by the Department.
    The Department shall adopt such rules as are necessary to
effectuate a program of electronic funds transfer and the
requirements of this Section.
    Any amount which is required to be shown or reported on any
return or other document under this Act shall, if such amount
is not a whole-dollar amount, be increased to the nearest
whole-dollar amount in any case where the fractional part of a
dollar is 50 cents or more, and decreased to the nearest
whole-dollar amount where the fractional part of a dollar is
less than 50 cents.
    If the retailer is otherwise required to file a monthly
return and if the retailer's average monthly tax liability to
the Department does not exceed $200, the Department may
authorize his returns to be filed on a quarter annual basis,
with the return for January, February and March of a given year
being due by April 20 of such year; with the return for April,
May and June of a given year being due by July 20 of such year;
with the return for July, August and September of a given year
being due by October 20 of such year, and with the return for
October, November and December of a given year being due by
January 20 of the following year.
    If the retailer is otherwise required to file a monthly or
quarterly return and if the retailer's average monthly tax
liability with the Department does not exceed $50, the
Department may authorize his returns to be filed on an annual
basis, with the return for a given year being due by January 20
of the following year.
    Such quarter annual and annual returns, as to form and
substance, shall be subject to the same requirements as monthly
returns.
    Notwithstanding any other provision in this Act concerning
the time within which a retailer may file his return, in the
case of any retailer who ceases to engage in a kind of business
which makes him responsible for filing returns under this Act,
such retailer shall file a final return under this Act with the
Department not more than one month after discontinuing such
business.
    Where the same person has more than one business registered
with the Department under separate registrations under this
Act, such person may not file each return that is due as a
single return covering all such registered businesses, but
shall file separate returns for each such registered business.
    In addition, with respect to motor vehicles, watercraft,
aircraft, and trailers that are required to be registered with
an agency of this State, every retailer selling this kind of
tangible personal property shall file, with the Department,
upon a form to be prescribed and supplied by the Department, a
separate return for each such item of tangible personal
property which the retailer sells, except that if, in the same
transaction, (i) a retailer of aircraft, watercraft, motor
vehicles or trailers transfers more than one aircraft,
watercraft, motor vehicle or trailer to another aircraft,
watercraft, motor vehicle retailer or trailer retailer for the
purpose of resale or (ii) a retailer of aircraft, watercraft,
motor vehicles, or trailers transfers more than one aircraft,
watercraft, motor vehicle, or trailer to a purchaser for use as
a qualifying rolling stock as provided in Section 2-5 of this
Act, then that seller may report the transfer of all aircraft,
watercraft, motor vehicles or trailers involved in that
transaction to the Department on the same uniform
invoice-transaction reporting return form. For purposes of
this Section, "watercraft" means a Class 2, Class 3, or Class 4
watercraft as defined in Section 3-2 of the Boat Registration
and Safety Act, a personal watercraft, or any boat equipped
with an inboard motor.
    Any retailer who sells only motor vehicles, watercraft,
aircraft, or trailers that are required to be registered with
an agency of this State, so that all retailers' occupation tax
liability is required to be reported, and is reported, on such
transaction reporting returns and who is not otherwise required
to file monthly or quarterly returns, need not file monthly or
quarterly returns. However, those retailers shall be required
to file returns on an annual basis.
    The transaction reporting return, in the case of motor
vehicles or trailers that are required to be registered with an
agency of this State, shall be the same document as the Uniform
Invoice referred to in Section 5-402 of The Illinois Vehicle
Code and must show the name and address of the seller; the name
and address of the purchaser; the amount of the selling price
including the amount allowed by the retailer for traded-in
property, if any; the amount allowed by the retailer for the
traded-in tangible personal property, if any, to the extent to
which Section 1 of this Act allows an exemption for the value
of traded-in property; the balance payable after deducting such
trade-in allowance from the total selling price; the amount of
tax due from the retailer with respect to such transaction; the
amount of tax collected from the purchaser by the retailer on
such transaction (or satisfactory evidence that such tax is not
due in that particular instance, if that is claimed to be the
fact); the place and date of the sale; a sufficient
identification of the property sold; such other information as
is required in Section 5-402 of The Illinois Vehicle Code, and
such other information as the Department may reasonably
require.
    The transaction reporting return in the case of watercraft
or aircraft must show the name and address of the seller; the
name and address of the purchaser; the amount of the selling
price including the amount allowed by the retailer for
traded-in property, if any; the amount allowed by the retailer
for the traded-in tangible personal property, if any, to the
extent to which Section 1 of this Act allows an exemption for
the value of traded-in property; the balance payable after
deducting such trade-in allowance from the total selling price;
the amount of tax due from the retailer with respect to such
transaction; the amount of tax collected from the purchaser by
the retailer on such transaction (or satisfactory evidence that
such tax is not due in that particular instance, if that is
claimed to be the fact); the place and date of the sale, a
sufficient identification of the property sold, and such other
information as the Department may reasonably require.
    Such transaction reporting return shall be filed not later
than 20 days after the day of delivery of the item that is
being sold, but may be filed by the retailer at any time sooner
than that if he chooses to do so. The transaction reporting
return and tax remittance or proof of exemption from the
Illinois use tax may be transmitted to the Department by way of
the State agency with which, or State officer with whom the
tangible personal property must be titled or registered (if
titling or registration is required) if the Department and such
agency or State officer determine that this procedure will
expedite the processing of applications for title or
registration.
    With each such transaction reporting return, the retailer
shall remit the proper amount of tax due (or shall submit
satisfactory evidence that the sale is not taxable if that is
the case), to the Department or its agents, whereupon the
Department shall issue, in the purchaser's name, a use tax
receipt (or a certificate of exemption if the Department is
satisfied that the particular sale is tax exempt) which such
purchaser may submit to the agency with which, or State officer
with whom, he must title or register the tangible personal
property that is involved (if titling or registration is
required) in support of such purchaser's application for an
Illinois certificate or other evidence of title or registration
to such tangible personal property.
    No retailer's failure or refusal to remit tax under this
Act precludes a user, who has paid the proper tax to the
retailer, from obtaining his certificate of title or other
evidence of title or registration (if titling or registration
is required) upon satisfying the Department that such user has
paid the proper tax (if tax is due) to the retailer. The
Department shall adopt appropriate rules to carry out the
mandate of this paragraph.
    If the user who would otherwise pay tax to the retailer
wants the transaction reporting return filed and the payment of
the tax or proof of exemption made to the Department before the
retailer is willing to take these actions and such user has not
paid the tax to the retailer, such user may certify to the fact
of such delay by the retailer and may (upon the Department
being satisfied of the truth of such certification) transmit
the information required by the transaction reporting return
and the remittance for tax or proof of exemption directly to
the Department and obtain his tax receipt or exemption
determination, in which event the transaction reporting return
and tax remittance (if a tax payment was required) shall be
credited by the Department to the proper retailer's account
with the Department, but without the 2.1% or 1.75% discount
provided for in this Section being allowed. When the user pays
the tax directly to the Department, he shall pay the tax in the
same amount and in the same form in which it would be remitted
if the tax had been remitted to the Department by the retailer.
    Refunds made by the seller during the preceding return
period to purchasers, on account of tangible personal property
returned to the seller, shall be allowed as a deduction under
subdivision 5 of his monthly or quarterly return, as the case
may be, in case the seller had theretofore included the
receipts from the sale of such tangible personal property in a
return filed by him and had paid the tax imposed by this Act
with respect to such receipts.
    Where the seller is a corporation, the return filed on
behalf of such corporation shall be signed by the president,
vice-president, secretary or treasurer or by the properly
accredited agent of such corporation.
    Where the seller is a limited liability company, the return
filed on behalf of the limited liability company shall be
signed by a manager, member, or properly accredited agent of
the limited liability company.
    Except as provided in this Section, the retailer filing the
return under this Section shall, at the time of filing such
return, pay to the Department the amount of tax imposed by this
Act less a discount of 2.1% prior to January 1, 1990 and 1.75%
on and after January 1, 1990, or $5 per calendar year,
whichever is greater, which is allowed to reimburse the
retailer for the expenses incurred in keeping records,
preparing and filing returns, remitting the tax and supplying
data to the Department on request. Any prepayment made pursuant
to Section 2d of this Act shall be included in the amount on
which such 2.1% or 1.75% discount is computed. In the case of
retailers who report and pay the tax on a transaction by
transaction basis, as provided in this Section, such discount
shall be taken with each such tax remittance instead of when
such retailer files his periodic return. The Department may
disallow the discount for retailers whose certificate of
registration is revoked at the time the return is filed, but
only if the Department's decision to revoke the certificate of
registration has become final.
    Before October 1, 2000, if the taxpayer's average monthly
tax liability to the Department under this Act, the Use Tax
Act, the Service Occupation Tax Act, and the Service Use Tax
Act, excluding any liability for prepaid sales tax to be
remitted in accordance with Section 2d of this Act, was $10,000
or more during the preceding 4 complete calendar quarters, he
shall file a return with the Department each month by the 20th
day of the month next following the month during which such tax
liability is incurred and shall make payments to the Department
on or before the 7th, 15th, 22nd and last day of the month
during which such liability is incurred. On and after October
1, 2000, if the taxpayer's average monthly tax liability to the
Department under this Act, the Use Tax Act, the Service
Occupation Tax Act, and the Service Use Tax Act, excluding any
liability for prepaid sales tax to be remitted in accordance
with Section 2d of this Act, was $20,000 or more during the
preceding 4 complete calendar quarters, he shall file a return
with the Department each month by the 20th day of the month
next following the month during which such tax liability is
incurred and shall make payment to the Department on or before
the 7th, 15th, 22nd and last day of the month during which such
liability is incurred. If the month during which such tax
liability is incurred began prior to January 1, 1985, each
payment shall be in an amount equal to 1/4 of the taxpayer's
actual liability for the month or an amount set by the
Department not to exceed 1/4 of the average monthly liability
of the taxpayer to the Department for the preceding 4 complete
calendar quarters (excluding the month of highest liability and
the month of lowest liability in such 4 quarter period). If the
month during which such tax liability is incurred begins on or
after January 1, 1985 and prior to January 1, 1987, each
payment shall be in an amount equal to 22.5% of the taxpayer's
actual liability for the month or 27.5% of the taxpayer's
liability for the same calendar month of the preceding year. If
the month during which such tax liability is incurred begins on
or after January 1, 1987 and prior to January 1, 1988, each
payment shall be in an amount equal to 22.5% of the taxpayer's
actual liability for the month or 26.25% of the taxpayer's
liability for the same calendar month of the preceding year. If
the month during which such tax liability is incurred begins on
or after January 1, 1988, and prior to January 1, 1989, or
begins on or after January 1, 1996, each payment shall be in an
amount equal to 22.5% of the taxpayer's actual liability for
the month or 25% of the taxpayer's liability for the same
calendar month of the preceding year. If the month during which
such tax liability is incurred begins on or after January 1,
1989, and prior to January 1, 1996, each payment shall be in an
amount equal to 22.5% of the taxpayer's actual liability for
the month or 25% of the taxpayer's liability for the same
calendar month of the preceding year or 100% of the taxpayer's
actual liability for the quarter monthly reporting period. The
amount of such quarter monthly payments shall be credited
against the final tax liability of the taxpayer's return for
that month. Before October 1, 2000, once applicable, the
requirement of the making of quarter monthly payments to the
Department by taxpayers having an average monthly tax liability
of $10,000 or more as determined in the manner provided above
shall continue until such taxpayer's average monthly liability
to the Department during the preceding 4 complete calendar
quarters (excluding the month of highest liability and the
month of lowest liability) is less than $9,000, or until such
taxpayer's average monthly liability to the Department as
computed for each calendar quarter of the 4 preceding complete
calendar quarter period is less than $10,000. However, if a
taxpayer can show the Department that a substantial change in
the taxpayer's business has occurred which causes the taxpayer
to anticipate that his average monthly tax liability for the
reasonably foreseeable future will fall below the $10,000
threshold stated above, then such taxpayer may petition the
Department for a change in such taxpayer's reporting status. On
and after October 1, 2000, once applicable, the requirement of
the making of quarter monthly payments to the Department by
taxpayers having an average monthly tax liability of $20,000 or
more as determined in the manner provided above shall continue
until such taxpayer's average monthly liability to the
Department during the preceding 4 complete calendar quarters
(excluding the month of highest liability and the month of
lowest liability) is less than $19,000 or until such taxpayer's
average monthly liability to the Department as computed for
each calendar quarter of the 4 preceding complete calendar
quarter period is less than $20,000. However, if a taxpayer can
show the Department that a substantial change in the taxpayer's
business has occurred which causes the taxpayer to anticipate
that his average monthly tax liability for the reasonably
foreseeable future will fall below the $20,000 threshold stated
above, then such taxpayer may petition the Department for a
change in such taxpayer's reporting status. The Department
shall change such taxpayer's reporting status unless it finds
that such change is seasonal in nature and not likely to be
long term. If any such quarter monthly payment is not paid at
the time or in the amount required by this Section, then the
taxpayer shall be liable for penalties and interest on the
difference between the minimum amount due as a payment and the
amount of such quarter monthly payment actually and timely
paid, except insofar as the taxpayer has previously made
payments for that month to the Department in excess of the
minimum payments previously due as provided in this Section.
The Department shall make reasonable rules and regulations to
govern the quarter monthly payment amount and quarter monthly
payment dates for taxpayers who file on other than a calendar
monthly basis.
    The provisions of this paragraph apply before October 1,
2001. Without regard to whether a taxpayer is required to make
quarter monthly payments as specified above, any taxpayer who
is required by Section 2d of this Act to collect and remit
prepaid taxes and has collected prepaid taxes which average in
excess of $25,000 per month during the preceding 2 complete
calendar quarters, shall file a return with the Department as
required by Section 2f and shall make payments to the
Department on or before the 7th, 15th, 22nd and last day of the
month during which such liability is incurred. If the month
during which such tax liability is incurred began prior to the
effective date of this amendatory Act of 1985, each payment
shall be in an amount not less than 22.5% of the taxpayer's
actual liability under Section 2d. If the month during which
such tax liability is incurred begins on or after January 1,
1986, each payment shall be in an amount equal to 22.5% of the
taxpayer's actual liability for the month or 27.5% of the
taxpayer's liability for the same calendar month of the
preceding calendar year. If the month during which such tax
liability is incurred begins on or after January 1, 1987, each
payment shall be in an amount equal to 22.5% of the taxpayer's
actual liability for the month or 26.25% of the taxpayer's
liability for the same calendar month of the preceding year.
The amount of such quarter monthly payments shall be credited
against the final tax liability of the taxpayer's return for
that month filed under this Section or Section 2f, as the case
may be. Once applicable, the requirement of the making of
quarter monthly payments to the Department pursuant to this
paragraph shall continue until such taxpayer's average monthly
prepaid tax collections during the preceding 2 complete
calendar quarters is $25,000 or less. If any such quarter
monthly payment is not paid at the time or in the amount
required, the taxpayer shall be liable for penalties and
interest on such difference, except insofar as the taxpayer has
previously made payments for that month in excess of the
minimum payments previously due.
    The provisions of this paragraph apply on and after October
1, 2001. Without regard to whether a taxpayer is required to
make quarter monthly payments as specified above, any taxpayer
who is required by Section 2d of this Act to collect and remit
prepaid taxes and has collected prepaid taxes that average in
excess of $20,000 per month during the preceding 4 complete
calendar quarters shall file a return with the Department as
required by Section 2f and shall make payments to the
Department on or before the 7th, 15th, 22nd and last day of the
month during which the liability is incurred. Each payment
shall be in an amount equal to 22.5% of the taxpayer's actual
liability for the month or 25% of the taxpayer's liability for
the same calendar month of the preceding year. The amount of
the quarter monthly payments shall be credited against the
final tax liability of the taxpayer's return for that month
filed under this Section or Section 2f, as the case may be.
Once applicable, the requirement of the making of quarter
monthly payments to the Department pursuant to this paragraph
shall continue until the taxpayer's average monthly prepaid tax
collections during the preceding 4 complete calendar quarters
(excluding the month of highest liability and the month of
lowest liability) is less than $19,000 or until such taxpayer's
average monthly liability to the Department as computed for
each calendar quarter of the 4 preceding complete calendar
quarters is less than $20,000. If any such quarter monthly
payment is not paid at the time or in the amount required, the
taxpayer shall be liable for penalties and interest on such
difference, except insofar as the taxpayer has previously made
payments for that month in excess of the minimum payments
previously due.
    If any payment provided for in this Section exceeds the
taxpayer's liabilities under this Act, the Use Tax Act, the
Service Occupation Tax Act and the Service Use Tax Act, as
shown on an original monthly return, the Department shall, if
requested by the taxpayer, issue to the taxpayer a credit
memorandum no later than 30 days after the date of payment. The
credit evidenced by such credit memorandum may be assigned by
the taxpayer to a similar taxpayer under this Act, the Use Tax
Act, the Service Occupation Tax Act or the Service Use Tax Act,
in accordance with reasonable rules and regulations to be
prescribed by the Department. If no such request is made, the
taxpayer may credit such excess payment against tax liability
subsequently to be remitted to the Department under this Act,
the Use Tax Act, the Service Occupation Tax Act or the Service
Use Tax Act, in accordance with reasonable rules and
regulations prescribed by the Department. If the Department
subsequently determined that all or any part of the credit
taken was not actually due to the taxpayer, the taxpayer's 2.1%
and 1.75% vendor's discount shall be reduced by 2.1% or 1.75%
of the difference between the credit taken and that actually
due, and that taxpayer shall be liable for penalties and
interest on such difference.
    If a retailer of motor fuel is entitled to a credit under
Section 2d of this Act which exceeds the taxpayer's liability
to the Department under this Act for the month which the
taxpayer is filing a return, the Department shall issue the
taxpayer a credit memorandum for the excess.
    Beginning January 1, 1990, each month the Department shall
pay into the Local Government Tax Fund, a special fund in the
State treasury which is hereby created, the net revenue
realized for the preceding month from the 1% tax on sales of
food for human consumption which is to be consumed off the
premises where it is sold (other than alcoholic beverages, soft
drinks and food which has been prepared for immediate
consumption) and prescription and nonprescription medicines,
drugs, medical appliances and insulin, urine testing
materials, syringes and needles used by diabetics.
    Beginning January 1, 1990, each month the Department shall
pay into the County and Mass Transit District Fund, a special
fund in the State treasury which is hereby created, 4% of the
net revenue realized for the preceding month from the 6.25%
general rate.
    Beginning August 1, 2000, each month the Department shall
pay into the County and Mass Transit District Fund 20% of the
net revenue realized for the preceding month from the 1.25%
rate on the selling price of motor fuel and gasohol. Beginning
September 1, 2010, each month the Department shall pay into the
County and Mass Transit District Fund 20% of the net revenue
realized for the preceding month from the 1.25% rate on the
selling price of sales tax holiday items.
    Beginning January 1, 1990, each month the Department shall
pay into the Local Government Tax Fund 16% of the net revenue
realized for the preceding month from the 6.25% general rate on
the selling price of tangible personal property.
    Beginning August 1, 2000, each month the Department shall
pay into the Local Government Tax Fund 80% of the net revenue
realized for the preceding month from the 1.25% rate on the
selling price of motor fuel and gasohol. Beginning September 1,
2010, each month the Department shall pay into the Local
Government Tax Fund 80% of the net revenue realized for the
preceding month from the 1.25% rate on the selling price of
sales tax holiday items.
    Beginning October 1, 2009, each month the Department shall
pay into the Capital Projects Fund an amount that is equal to
an amount estimated by the Department to represent 80% of the
net revenue realized for the preceding month from the sale of
candy, grooming and hygiene products, and soft drinks that had
been taxed at a rate of 1% prior to September 1, 2009 but that
are now taxed at 6.25%.
    Beginning July 1, 2011, each month the Department shall pay
into the Clean Air Act (CAA) Permit Fund 80% of the net revenue
realized for the preceding month from the 6.25% general rate on
the selling price of sorbents used in Illinois in the process
of sorbent injection as used to comply with the Environmental
Protection Act or the federal Clean Air Act, but the total
payment into the Clean Air Act (CAA) Permit Fund under this Act
and the Use Tax Act shall not exceed $2,000,000 in any fiscal
year.
    Beginning July 1, 2013, each month the Department shall pay
into the Underground Storage Tank Fund from the proceeds
collected under this Act, the Use Tax Act, the Service Use Tax
Act, and the Service Occupation Tax Act an amount equal to the
average monthly deficit in the Underground Storage Tank Fund
during the prior year, as certified annually by the Illinois
Environmental Protection Agency, but the total payment into the
Underground Storage Tank Fund under this Act, the Use Tax Act,
the Service Use Tax Act, and the Service Occupation Tax Act
shall not exceed $18,000,000 in any State fiscal year. As used
in this paragraph, the "average monthly deficit" shall be equal
to the difference between the average monthly claims for
payment by the fund and the average monthly revenues deposited
into the fund, excluding payments made pursuant to this
paragraph.
    Beginning July 1, 2015, of the remainder of the moneys
received by the Department under the Use Tax Act, the Service
Use Tax Act, the Service Occupation Tax Act, and this Act, each
month the Department shall deposit $500,000 into the State
Crime Laboratory Fund.
    Of the remainder of the moneys received by the Department
pursuant to this Act, (a) 1.75% thereof shall be paid into the
Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
and after July 1, 1989, 3.8% thereof shall be paid into the
Build Illinois Fund; provided, however, that if in any fiscal
year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
may be, of the moneys received by the Department and required
to be paid into the Build Illinois Fund pursuant to this Act,
Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
Act, and Section 9 of the Service Occupation Tax Act, such Acts
being hereinafter called the "Tax Acts" and such aggregate of
2.2% or 3.8%, as the case may be, of moneys being hereinafter
called the "Tax Act Amount", and (2) the amount transferred to
the Build Illinois Fund from the State and Local Sales Tax
Reform Fund shall be less than the Annual Specified Amount (as
hereinafter defined), an amount equal to the difference shall
be immediately paid into the Build Illinois Fund from other
moneys received by the Department pursuant to the Tax Acts; the
"Annual Specified Amount" means the amounts specified below for
fiscal years 1986 through 1993:
Fiscal YearAnnual Specified Amount
1986$54,800,000
1987$76,650,000
1988$80,480,000
1989$88,510,000
1990$115,330,000
1991$145,470,000
1992$182,730,000
1993$206,520,000;
and means the Certified Annual Debt Service Requirement (as
defined in Section 13 of the Build Illinois Bond Act) or the
Tax Act Amount, whichever is greater, for fiscal year 1994 and
each fiscal year thereafter; and further provided, that if on
the last business day of any month the sum of (1) the Tax Act
Amount required to be deposited into the Build Illinois Bond
Account in the Build Illinois Fund during such month and (2)
the amount transferred to the Build Illinois Fund from the
State and Local Sales Tax Reform Fund shall have been less than
1/12 of the Annual Specified Amount, an amount equal to the
difference shall be immediately paid into the Build Illinois
Fund from other moneys received by the Department pursuant to
the Tax Acts; and, further provided, that in no event shall the
payments required under the preceding proviso result in
aggregate payments into the Build Illinois Fund pursuant to
this clause (b) for any fiscal year in excess of the greater of
(i) the Tax Act Amount or (ii) the Annual Specified Amount for
such fiscal year. The amounts payable into the Build Illinois
Fund under clause (b) of the first sentence in this paragraph
shall be payable only until such time as the aggregate amount
on deposit under each trust indenture securing Bonds issued and
outstanding pursuant to the Build Illinois Bond Act is
sufficient, taking into account any future investment income,
to fully provide, in accordance with such indenture, for the
defeasance of or the payment of the principal of, premium, if
any, and interest on the Bonds secured by such indenture and on
any Bonds expected to be issued thereafter and all fees and
costs payable with respect thereto, all as certified by the
Director of the Bureau of the Budget (now Governor's Office of
Management and Budget). If on the last business day of any
month in which Bonds are outstanding pursuant to the Build
Illinois Bond Act, the aggregate of moneys deposited in the
Build Illinois Bond Account in the Build Illinois Fund in such
month shall be less than the amount required to be transferred
in such month from the Build Illinois Bond Account to the Build
Illinois Bond Retirement and Interest Fund pursuant to Section
13 of the Build Illinois Bond Act, an amount equal to such
deficiency shall be immediately paid from other moneys received
by the Department pursuant to the Tax Acts to the Build
Illinois Fund; provided, however, that any amounts paid to the
Build Illinois Fund in any fiscal year pursuant to this
sentence shall be deemed to constitute payments pursuant to
clause (b) of the first sentence of this paragraph and shall
reduce the amount otherwise payable for such fiscal year
pursuant to that clause (b). The moneys received by the
Department pursuant to this Act and required to be deposited
into the Build Illinois Fund are subject to the pledge, claim
and charge set forth in Section 12 of the Build Illinois Bond
Act.
    Subject to payment of amounts into the Build Illinois Fund
as provided in the preceding paragraph or in any amendment
thereto hereafter enacted, the following specified monthly
installment of the amount requested in the certificate of the
Chairman of the Metropolitan Pier and Exposition Authority
provided under Section 8.25f of the State Finance Act, but not
in excess of sums designated as "Total Deposit", shall be
deposited in the aggregate from collections under Section 9 of
the Use Tax Act, Section 9 of the Service Use Tax Act, Section
9 of the Service Occupation Tax Act, and Section 3 of the
Retailers' Occupation Tax Act into the McCormick Place
Expansion Project Fund in the specified fiscal years.
Fiscal YearTotal Deposit
1993         $0
1994 53,000,000
1995 58,000,000
1996 61,000,000
1997 64,000,000
1998 68,000,000
1999 71,000,000
2000 75,000,000
2001 80,000,000
2002 93,000,000
2003 99,000,000
2004103,000,000
2005108,000,000
2006113,000,000
2007119,000,000
2008126,000,000
2009132,000,000
2010139,000,000
2011146,000,000
2012153,000,000
2013161,000,000
2014170,000,000
2015179,000,000
2016189,000,000
2017199,000,000
2018210,000,000
2019221,000,000
2020233,000,000
2021246,000,000
2022260,000,000
2023275,000,000
2024 275,000,000
2025 275,000,000
2026 279,000,000
2027 292,000,000
2028 307,000,000
2029 322,000,000
2030 338,000,000
2031 350,000,000
2032 350,000,000
and
each fiscal year
thereafter that bonds
are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority Act,
but not after fiscal year 2060.
    Beginning July 20, 1993 and in each month of each fiscal
year thereafter, one-eighth of the amount requested in the
certificate of the Chairman of the Metropolitan Pier and
Exposition Authority for that fiscal year, less the amount
deposited into the McCormick Place Expansion Project Fund by
the State Treasurer in the respective month under subsection
(g) of Section 13 of the Metropolitan Pier and Exposition
Authority Act, plus cumulative deficiencies in the deposits
required under this Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project
Fund, until the full amount requested for the fiscal year, but
not in excess of the amount specified above as "Total Deposit",
has been deposited.
    Subject to payment of amounts into the Build Illinois Fund
and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter
enacted, beginning July 1, 1993 and ending on September 30,
2013, the Department shall each month pay into the Illinois Tax
Increment Fund 0.27% of 80% of the net revenue realized for the
preceding month from the 6.25% general rate on the selling
price of tangible personal property.
    Subject to payment of amounts into the Build Illinois Fund
and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter
enacted, beginning with the receipt of the first report of
taxes paid by an eligible business and continuing for a 25-year
period, the Department shall each month pay into the Energy
Infrastructure Fund 80% of the net revenue realized from the
6.25% general rate on the selling price of Illinois-mined coal
that was sold to an eligible business. For purposes of this
paragraph, the term "eligible business" means a new electric
generating facility certified pursuant to Section 605-332 of
the Department of Commerce and Economic Opportunity Law of the
Civil Administrative Code of Illinois.
    Subject to payment of amounts into the Build Illinois Fund,
the McCormick Place Expansion Project Fund, the Illinois Tax
Increment Fund, and the Energy Infrastructure Fund pursuant to
the preceding paragraphs or in any amendments to this Section
hereafter enacted, beginning on the first day of the first
calendar month to occur on or after the effective date of this
amendatory Act of the 98th General Assembly, each month, from
the collections made under Section 9 of the Use Tax Act,
Section 9 of the Service Use Tax Act, Section 9 of the Service
Occupation Tax Act, and Section 3 of the Retailers' Occupation
Tax Act, the Department shall pay into the Tax Compliance and
Administration Fund, to be used, subject to appropriation, to
fund additional auditors and compliance personnel at the
Department of Revenue, an amount equal to 1/12 of 5% of 80% of
the cash receipts collected during the preceding fiscal year by
the Audit Bureau of the Department under the Use Tax Act, the
Service Use Tax Act, the Service Occupation Tax Act, the
Retailers' Occupation Tax Act, and associated local occupation
and use taxes administered by the Department.
    Of the remainder of the moneys received by the Department
pursuant to this Act, 75% thereof shall be paid into the State
Treasury and 25% shall be reserved in a special account and
used only for the transfer to the Common School Fund as part of
the monthly transfer from the General Revenue Fund in
accordance with Section 8a of the State Finance Act.
    The Department may, upon separate written notice to a
taxpayer, require the taxpayer to prepare and file with the
Department on a form prescribed by the Department within not
less than 60 days after receipt of the notice an annual
information return for the tax year specified in the notice.
Such annual return to the Department shall include a statement
of gross receipts as shown by the retailer's last Federal
income tax return. If the total receipts of the business as
reported in the Federal income tax return do not agree with the
gross receipts reported to the Department of Revenue for the
same period, the retailer shall attach to his annual return a
schedule showing a reconciliation of the 2 amounts and the
reasons for the difference. The retailer's annual return to the
Department shall also disclose the cost of goods sold by the
retailer during the year covered by such return, opening and
closing inventories of such goods for such year, costs of goods
used from stock or taken from stock and given away by the
retailer during such year, payroll information of the
retailer's business during such year and any additional
reasonable information which the Department deems would be
helpful in determining the accuracy of the monthly, quarterly
or annual returns filed by such retailer as provided for in
this Section.
    If the annual information return required by this Section
is not filed when and as required, the taxpayer shall be liable
as follows:
        (i) Until January 1, 1994, the taxpayer shall be liable
    for a penalty equal to 1/6 of 1% of the tax due from such
    taxpayer under this Act during the period to be covered by
    the annual return for each month or fraction of a month
    until such return is filed as required, the penalty to be
    assessed and collected in the same manner as any other
    penalty provided for in this Act.
        (ii) On and after January 1, 1994, the taxpayer shall
    be liable for a penalty as described in Section 3-4 of the
    Uniform Penalty and Interest Act.
    The chief executive officer, proprietor, owner or highest
ranking manager shall sign the annual return to certify the
accuracy of the information contained therein. Any person who
willfully signs the annual return containing false or
inaccurate information shall be guilty of perjury and punished
accordingly. The annual return form prescribed by the
Department shall include a warning that the person signing the
return may be liable for perjury.
    The provisions of this Section concerning the filing of an
annual information return do not apply to a retailer who is not
required to file an income tax return with the United States
Government.
    As soon as possible after the first day of each month, upon
certification of the Department of Revenue, the Comptroller
shall order transferred and the Treasurer shall transfer from
the General Revenue Fund to the Motor Fuel Tax Fund an amount
equal to 1.7% of 80% of the net revenue realized under this Act
for the second preceding month. Beginning April 1, 2000, this
transfer is no longer required and shall not be made.
    Net revenue realized for a month shall be the revenue
collected by the State pursuant to this Act, less the amount
paid out during that month as refunds to taxpayers for
overpayment of liability.
    For greater simplicity of administration, manufacturers,
importers and wholesalers whose products are sold at retail in
Illinois by numerous retailers, and who wish to do so, may
assume the responsibility for accounting and paying to the
Department all tax accruing under this Act with respect to such
sales, if the retailers who are affected do not make written
objection to the Department to this arrangement.
    Any person who promotes, organizes, provides retail
selling space for concessionaires or other types of sellers at
the Illinois State Fair, DuQuoin State Fair, county fairs,
local fairs, art shows, flea markets and similar exhibitions or
events, including any transient merchant as defined by Section
2 of the Transient Merchant Act of 1987, is required to file a
report with the Department providing the name of the merchant's
business, the name of the person or persons engaged in
merchant's business, the permanent address and Illinois
Retailers Occupation Tax Registration Number of the merchant,
the dates and location of the event and other reasonable
information that the Department may require. The report must be
filed not later than the 20th day of the month next following
the month during which the event with retail sales was held.
Any person who fails to file a report required by this Section
commits a business offense and is subject to a fine not to
exceed $250.
    Any person engaged in the business of selling tangible
personal property at retail as a concessionaire or other type
of seller at the Illinois State Fair, county fairs, art shows,
flea markets and similar exhibitions or events, or any
transient merchants, as defined by Section 2 of the Transient
Merchant Act of 1987, may be required to make a daily report of
the amount of such sales to the Department and to make a daily
payment of the full amount of tax due. The Department shall
impose this requirement when it finds that there is a
significant risk of loss of revenue to the State at such an
exhibition or event. Such a finding shall be based on evidence
that a substantial number of concessionaires or other sellers
who are not residents of Illinois will be engaging in the
business of selling tangible personal property at retail at the
exhibition or event, or other evidence of a significant risk of
loss of revenue to the State. The Department shall notify
concessionaires and other sellers affected by the imposition of
this requirement. In the absence of notification by the
Department, the concessionaires and other sellers shall file
their returns as otherwise required in this Section.
(Source: P.A. 98-24, eff. 6-19-13; 98-109, eff. 7-25-13;
98-496, eff. 1-1-14; 98-756, eff. 7-16-14; 98-1098, eff.
8-26-14; 99-352, eff. 8-12-15.)
 
    Section 5-105. The Heart of Illinois Regional Port District
Act is amended by changing Section 105 as follows:
 
    (70 ILCS 1807/105)
    Sec. 105. Board; appointments; terms of office;
certification and oath. The Governor, by and with the advice
and consent of the Senate, shall appoint 3 members of the
Board. Of the 3 members appointed by the Governor, at least one
must be a member of a labor organization, which, for the
purposes of this Section, means an organization of workers
established to bargain collectively on behalf of their member
workers as defined in Section 3 of the Workplace Literacy Act.
If the Senate is in recess when the appointment is made, the
Governor shall make a temporary appointment until the next
meeting of the Senate. The county board chairmen of Tazewell,
Woodford, Peoria, Marshall, Mason, and Fulton Counties shall
each appoint one member of the Board with the advice and
consent of their respective county boards. Of the members
initially appointed, the 3 appointed by the Governor shall be
appointed for initial terms expiring June 1, 2009, and the 6
appointed by their county board chairmen shall be appointed for
initial terms expiring June 1, 2010. All vacancies shall be
filled in a like manner and with like regard to the place of
residence of the appointee. After the expiration of initial
terms, a successor shall hold office for the term of 6 years
beginning the first day of June of the year in which the term
of office commences. The Governor and the respective county
board chairmen shall certify their appointments to the
Secretary of State. Within 30 days after certification of
appointment, and before entering upon the duties of his office,
each member of the Board shall take and subscribe the
constitutional oath of office and file it in the office of the
Secretary of State.
(Source: P.A. 93-262, eff. 7-22-03.)
 
    (110 ILCS 805/2-16.05 rep.)
    Section 5-110. The Public Community College Act is amended
by repealing Section 2-16.05.
 
    Section 5-115. The Nursing Home Care Act is amended by
changing Section 3-310 as follows:
 
    (210 ILCS 45/3-310)  (from Ch. 111 1/2, par. 4153-310)
    Sec. 3-310. All penalties shall be paid to the Department
within 10 days of receipt of notice of assessment or, if the
penalty is contested under Section 3-309, within 10 days of
receipt of the final decision, unless the decision is appealed
and the order is stayed by court order under Section 3-713. A
facility choosing to waive the right to a hearing under Section
3-309 shall submit a payment totaling 65% of the original fine
amount along with the written waiver. A penalty assessed under
this Act shall be collected by the Department and shall be
deposited with the State Treasurer into the Long Term Care
Monitor/Receiver Fund. If the person or facility against whom a
penalty has been assessed does not comply with a written demand
for payment within 30 days, the Director shall issue an order
to do any of the following:
        (1) Direct the State Treasurer or Comptroller to deduct
    the amount of the fine from amounts otherwise due from the
    State for the penalty, including any payments to be made
    from the Medicaid Long Term Care Provider Participation Fee
    Trust Fund established under Section 5-4.31 of the Illinois
    Public Aid Code, and remit that amount to the Department;
        (2) Add the amount of the penalty to the facility's
    licensing fee; if the licensee refuses to make the payment
    at the time of application for renewal of its license, the
    license shall not be renewed; or
        (3) Bring an action in circuit court to recover the
    amount of the penalty.
    With the approval of the federal centers for Medicaid and
Medicare services, the Director of Public Health shall set
aside 50% of the federal civil monetary penalties collected
each year to be used to award grants under the Equity in
Long-term Care Quality Act.
(Source: P.A. 96-1372, eff. 7-29-10.)
 
    Section 5-120. The Physical Fitness Facility Medical
Emergency Preparedness Act is amended by changing Section 35 as
follows:
 
    (210 ILCS 74/35)
    Sec. 35. Penalties for violations.
    (a) If a physical fitness facility violates this Act by (i)
failing to adopt or implement a plan for responding to medical
emergencies under Section 10 or (ii) failing to have on the
premises an AED or trained AED user as required under
subsection (a) or (b) of Section 15, the Director may issue to
the facility a written administrative warning without monetary
penalty for the initial violation. The facility may reply to
the Department with written comments concerning the facility's
remedial response to the warning. For subsequent violations,
the Director may impose a civil monetary penalty against the
facility as follows:
        (1) At least $1,500 but less than $2,000 for a second
    violation.
        (2) At least $2,000 for a third or subsequent
    violation.
    (b) The Director may impose a civil monetary penalty under
this Section only after it provides the following to the
facility:
        (1) Written notice of the alleged violation.
        (2) Written notice of the facility's right to request
    an administrative hearing on the question of the alleged
    violation.
        (3) An opportunity to present evidence, orally or in
    writing or both, on the question of the alleged violation
    before an impartial hearing examiner appointed by the
    Director.
        (4) A written decision from the Director, based on the
    evidence introduced at the hearing and the hearing
    examiner's recommendations, finding that the facility
    violated this Act and imposing the civil penalty.
    (c) The Attorney General may bring an action in the circuit
court to enforce the collection of a monetary penalty imposed
under this Section.
    (d) The fines shall be deposited into the General Revenue
Fund Physical Fitness Facility Medical Emergency Preparedness
Fund to be appropriated to the Department, together with any
other amounts, for the costs of administering this Act.
(Source: P.A. 93-910, eff. 1-1-05.)
 
    (235 ILCS 5/12-4 rep.)
    Section 5-125. The Liquor Control Act of 1934 is amended by
repealing Section 12-4.
 
    Section 5-130. The Illinois Public Aid Code is amended by
changing Section 12-5 as follows:
 
    (305 ILCS 5/12-5)  (from Ch. 23, par. 12-5)
    Sec. 12-5. Appropriations; uses; federal grants; report to
General Assembly. From the sums appropriated by the General
Assembly, the Illinois Department shall order for payment by
warrant from the State Treasury grants for public aid under
Articles III, IV, and V, including grants for funeral and
burial expenses, and all costs of administration of the
Illinois Department and the County Departments relating
thereto. Moneys appropriated to the Illinois Department for
public aid under Article VI may be used, with the consent of
the Governor, to co-operate with federal, State, and local
agencies in the development of work projects designed to
provide suitable employment for persons receiving public aid
under Article VI. The Illinois Department, with the consent of
the Governor, may be the agent of the State for the receipt and
disbursement of federal funds or commodities for public aid
purposes under Article VI and for related purposes in which the
co-operation of the Illinois Department is sought by the
federal government, and, in connection therewith, may make
necessary expenditures from moneys appropriated for public aid
under any Article of this Code and for administration. The
Illinois Department, with the consent of the Governor, may be
the agent of the State for the receipt and disbursement of
federal funds pursuant to the Immigration Reform and Control
Act of 1986 and may make necessary expenditures from monies
appropriated to it for operations, administration, and grants,
including payment to the Health Insurance Reserve Fund for
group insurance costs at the rate certified by the Department
of Central Management Services. All amounts received by the
Illinois Department pursuant to the Immigration Reform and
Control Act of 1986 shall be deposited in the Immigration
Reform and Control Fund. All amounts received into the
Immigration Reform and Control Fund as reimbursement for
expenditures from the General Revenue Fund shall be transferred
to the General Revenue Fund.
    All grants received by the Illinois Department for programs
funded by the Federal Social Services Block Grant shall be
deposited in the Social Services Block Grant Fund. All funds
received into the Social Services Block Grant Fund as
reimbursement for expenditures from the General Revenue Fund
shall be transferred to the General Revenue Fund. All funds
received into the Social Services Block Grant fund for
reimbursement for expenditure out of the Local Initiative Fund
shall be transferred into the Local Initiative Fund. Any other
federal funds received into the Social Services Block Grant
Fund shall be transferred to the Special Purposes Trust Fund.
All federal funds received by the Illinois Department as
reimbursement for Employment and Training Programs for
expenditures made by the Illinois Department from grants,
gifts, or legacies as provided in Section 12-4.18 or made by an
entity other than the Illinois Department and all federal funds
received from the Emergency Contingency Fund for State
Temporary Assistance for Needy Families Programs established
by the American Recovery and Reinvestment Act of 2009 shall be
deposited into the Employment and Training Fund, except that
federal funds received as reimbursement as a result of the
appropriation made for the costs of providing adult education
to public assistance recipients under the "Adult Education,
Public Assistance Fund" shall be deposited into the General
Revenue Fund; provided, however, that all funds, except those
that are specified in an interagency agreement between the
Illinois Community College Board and the Illinois Department,
that are received by the Illinois Department as reimbursement
under Title IV-A of the Social Security Act for expenditures
that are made by the Illinois Community College Board or any
public community college of this State shall be credited to a
special account that the State Treasurer shall establish and
maintain within the Employment and Training Fund for the
purpose of segregating the reimbursements received for
expenditures made by those entities. As reimbursements are
deposited into the Employment and Training Fund, the Illinois
Department shall certify to the State Comptroller and State
Treasurer the amount that is to be credited to the special
account established within that Fund as a reimbursement for
expenditures under Title IV-A of the Social Security Act made
by the Illinois Community College Board or any of the public
community colleges. All amounts credited to the special account
established and maintained within the Employment and Training
Fund as provided in this Section shall be held for transfer to
the TANF Opportunities Fund as provided in subsection (d) of
Section 12-10.3, and shall not be transferred to any other fund
or used for any other purpose.
    Eighty percent of the federal financial participation
funds received by the Illinois Department under the Title IV-A
Emergency Assistance program as reimbursement for expenditures
made from the Illinois Department of Children and Family
Services appropriations for the costs of providing services in
behalf of Department of Children and Family Services clients
shall be deposited into the DCFS Children's Services Fund.
    All federal funds, except those covered by the foregoing 3
paragraphs, received as reimbursement for expenditures from
the General Revenue Fund shall be deposited in the General
Revenue Fund for administrative and distributive expenditures
properly chargeable by federal law or regulation to aid
programs established under Articles III through XII and Titles
IV, XVI, XIX and XX of the Federal Social Security Act. Any
other federal funds received by the Illinois Department under
Sections 12-4.6, 12-4.18 and 12-4.19 that are required by
Section 12-10 of this Code to be paid into the Special Purposes
Trust Fund shall be deposited into the Special Purposes Trust
Fund. Any other federal funds received by the Illinois
Department pursuant to the Child Support Enforcement Program
established by Title IV-D of the Social Security Act shall be
deposited in the Child Support Enforcement Trust Fund as
required under Section 12-10.2 or in the Child Support
Administrative Fund as required under Section 12-10.2a of this
Code. Any other federal funds received by the Illinois
Department for medical assistance program expenditures made
under Title XIX of the Social Security Act and Article V of
this Code that are required by Section 5-4.21 of this Code to
be paid into the Medicaid Provider for Persons with a
Developmental Disability Participation Fee Trust Fund shall be
deposited into the Medicaid Provider for Persons with a
Developmental Disability Participation Fee Trust Fund. Any
other federal funds received by the Illinois Department for
medical assistance program expenditures made under Title XIX of
the Social Security Act and Article V of this Code that are
required by Section 5-4.31 of this Code to be paid into the
Medicaid Long Term Care Provider Participation Fee Trust Fund
shall be deposited into the Medicaid Long Term Care Provider
Participation Fee Trust Fund. Any other federal funds received
by the Illinois Department for hospital inpatient, hospital
ambulatory care, and disproportionate share hospital
expenditures made under Title XIX of the Social Security Act
and Article V of this Code that are required by Section 14-2 of
this Code to be paid into the Hospital Services Trust Fund
shall be deposited into the Hospital Services Trust Fund. Any
other federal funds received by the Illinois Department for
expenditures made under Title XIX of the Social Security Act
and Articles V and VI of this Code that are required by Section
15-2 of this Code to be paid into the County Provider Trust
Fund shall be deposited into the County Provider Trust Fund.
Any other federal funds received by the Illinois Department for
hospital inpatient, hospital ambulatory care, and
disproportionate share hospital expenditures made under Title
XIX of the Social Security Act and Article V of this Code that
are required by Section 5A-8 of this Code to be paid into the
Hospital Provider Fund shall be deposited into the Hospital
Provider Fund. Any other federal funds received by the Illinois
Department for medical assistance program expenditures made
under Title XIX of the Social Security Act and Article V of
this Code that are required by Section 5B-8 of this Code to be
paid into the Long-Term Care Provider Fund shall be deposited
into the Long-Term Care Provider Fund. Any other federal funds
received by the Illinois Department for medical assistance
program expenditures made under Title XIX of the Social
Security Act and Article V of this Code that are required by
Section 5C-7 of this Code to be paid into the Care Provider
Fund for Persons with a Developmental Disability shall be
deposited into the Care Provider Fund for Persons with a
Developmental Disability. Any other federal funds received by
the Illinois Department for trauma center adjustment payments
that are required by Section 5-5.03 of this Code and made under
Title XIX of the Social Security Act and Article V of this Code
shall be deposited into the Trauma Center Fund. Any other
federal funds received by the Illinois Department as
reimbursement for expenses for early intervention services
paid from the Early Intervention Services Revolving Fund shall
be deposited into that Fund.
    The Illinois Department shall report to the General
Assembly at the end of each fiscal quarter the amount of all
funds received and paid into the Social Service Block Grant
Fund and the Local Initiative Fund and the expenditures and
transfers of such funds for services, programs and other
purposes authorized by law. Such report shall be filed with the
Speaker, Minority Leader and Clerk of the House, with the
President, Minority Leader and Secretary of the Senate, with
the Chairmen of the House and Senate Appropriations Committees,
the House Human Resources Committee and the Senate Public
Health, Welfare and Corrections Committee, or the successor
standing Committees of each as provided by the rules of the
House and Senate, respectively, with the Legislative Research
Unit and with the State Government Report Distribution Center
for the General Assembly as is required under paragraph (t) of
Section 7 of the State Library Act shall be deemed sufficient
to comply with this Section.
(Source: P.A. 98-463, eff. 8-16-13; 99-143, eff. 7-27-15.)
 
    (305 ILCS 5/5-16.4 rep.)
    Section 5-135. The Illinois Public Aid Code is amended by
repealing Section 5-16.4.
 
    Section 5-140. The Energy Assistance Act is amended by
changing Section 13 as follows:
 
    (305 ILCS 20/13)
    (Section scheduled to be repealed on December 31, 2018)
    Sec. 13. Supplemental Low-Income Energy Assistance Fund.
    (a) The Supplemental Low-Income Energy Assistance Fund is
hereby created as a special fund in the State Treasury. The
Supplemental Low-Income Energy Assistance Fund is authorized
to receive moneys from voluntary donations from individuals,
foundations, corporations, and other sources, moneys received
pursuant to Section 17, and, by statutory deposit, the moneys
collected pursuant to this Section. The Fund is also authorized
to receive voluntary donations from individuals, foundations,
corporations, and other sources, as well as contributions made
in accordance with Section 507MM of the Illinois Income Tax
Act. Subject to appropriation, the Department shall use moneys
from the Supplemental Low-Income Energy Assistance Fund for
payments to electric or gas public utilities, municipal
electric or gas utilities, and electric cooperatives on behalf
of their customers who are participants in the program
authorized by Sections 4 and 18 of this Act, for the provision
of weatherization services and for administration of the
Supplemental Low-Income Energy Assistance Fund. The yearly
expenditures for weatherization may not exceed 10% of the
amount collected during the year pursuant to this Section. The
yearly administrative expenses of the Supplemental Low-Income
Energy Assistance Fund may not exceed 10% of the amount
collected during that year pursuant to this Section, except
when unspent funds from the Supplemental Low-Income Energy
Assistance Fund are reallocated from a previous year; any
unspent balance of the 10% administrative allowance may be
utilized for administrative expenses in the year they are
reallocated.
    (b) Notwithstanding the provisions of Section 16-111 of the
Public Utilities Act but subject to subsection (k) of this
Section, each public utility, electric cooperative, as defined
in Section 3.4 of the Electric Supplier Act, and municipal
utility, as referenced in Section 3-105 of the Public Utilities
Act, that is engaged in the delivery of electricity or the
distribution of natural gas within the State of Illinois shall,
effective January 1, 1998, assess each of its customer accounts
a monthly Energy Assistance Charge for the Supplemental
Low-Income Energy Assistance Fund. The delivering public
utility, municipal electric or gas utility, or electric or gas
cooperative for a self-assessing purchaser remains subject to
the collection of the fee imposed by this Section. The monthly
charge shall be as follows:
        (1) $0.48 per month on each account for residential
    electric service;
        (2) $0.48 per month on each account for residential gas
    service;
        (3) $4.80 per month on each account for non-residential
    electric service which had less than 10 megawatts of peak
    demand during the previous calendar year;
        (4) $4.80 per month on each account for non-residential
    gas service which had distributed to it less than 4,000,000
    therms of gas during the previous calendar year;
        (5) $360 per month on each account for non-residential
    electric service which had 10 megawatts or greater of peak
    demand during the previous calendar year; and
        (6) $360 per month on each account for non-residential
    gas service which had 4,000,000 or more therms of gas
    distributed to it during the previous calendar year.
    The incremental change to such charges imposed by this
amendatory Act of the 96th General Assembly shall not (i) be
used for any purpose other than to directly assist customers
and (ii) be applicable to utilities serving less than 100,000
customers in Illinois on January 1, 2009.
    In addition, electric and gas utilities have committed, and
shall contribute, a one-time payment of $22 million to the
Fund, within 10 days after the effective date of the tariffs
established pursuant to Sections 16-111.8 and 19-145 of the
Public Utilities Act to be used for the Department's cost of
implementing the programs described in Section 18 of this
amendatory Act of the 96th General Assembly, the Arrearage
Reduction Program described in Section 18, and the programs
described in Section 8-105 of the Public Utilities Act. If a
utility elects not to file a rider within 90 days after the
effective date of this amendatory Act of the 96th General
Assembly, then the contribution from such utility shall be made
no later than February 1, 2010.
    (c) For purposes of this Section:
        (1) "residential electric service" means electric
    utility service for household purposes delivered to a
    dwelling of 2 or fewer units which is billed under a
    residential rate, or electric utility service for
    household purposes delivered to a dwelling unit or units
    which is billed under a residential rate and is registered
    by a separate meter for each dwelling unit;
        (2) "residential gas service" means gas utility
    service for household purposes distributed to a dwelling of
    2 or fewer units which is billed under a residential rate,
    or gas utility service for household purposes distributed
    to a dwelling unit or units which is billed under a
    residential rate and is registered by a separate meter for
    each dwelling unit;
        (3) "non-residential electric service" means electric
    utility service which is not residential electric service;
    and
        (4) "non-residential gas service" means gas utility
    service which is not residential gas service.
    (d) Within 30 days after the effective date of this
amendatory Act of the 96th General Assembly, each public
utility engaged in the delivery of electricity or the
distribution of natural gas shall file with the Illinois
Commerce Commission tariffs incorporating the Energy
Assistance Charge in other charges stated in such tariffs,
which shall become effective no later than the beginning of the
first billing cycle following such filing.
    (e) The Energy Assistance Charge assessed by electric and
gas public utilities shall be considered a charge for public
utility service.
    (f) By the 20th day of the month following the month in
which the charges imposed by the Section were collected, each
public utility, municipal utility, and electric cooperative
shall remit to the Department of Revenue all moneys received as
payment of the Energy Assistance Charge on a return prescribed
and furnished by the Department of Revenue showing such
information as the Department of Revenue may reasonably
require; provided, however, that a utility offering an
Arrearage Reduction Program pursuant to Section 18 of this Act
shall be entitled to net those amounts necessary to fund and
recover the costs of such Program as authorized by that Section
that is no more than the incremental change in such Energy
Assistance Charge authorized by this amendatory Act of the 96th
General Assembly. If a customer makes a partial payment, a
public utility, municipal utility, or electric cooperative may
elect either: (i) to apply such partial payments first to
amounts owed to the utility or cooperative for its services and
then to payment for the Energy Assistance Charge or (ii) to
apply such partial payments on a pro-rata basis between amounts
owed to the utility or cooperative for its services and to
payment for the Energy Assistance Charge.
    (g) The Department of Revenue shall deposit into the
Supplemental Low-Income Energy Assistance Fund all moneys
remitted to it in accordance with subsection (f) of this
Section; provided, however, that the amounts remitted by each
utility shall be used to provide assistance to that utility's
customers. The utilities shall coordinate with the Department
to establish an equitable and practical methodology for
implementing this subsection (g) beginning with the 2010
program year.
    (h) On or before December 31, 2002, the Department shall
prepare a report for the General Assembly on the expenditure of
funds appropriated from the Low-Income Energy Assistance Block
Grant Fund for the program authorized under Section 4 of this
Act.
    (i) The Department of Revenue may establish such rules as
it deems necessary to implement this Section.
    (j) The Department of Commerce and Economic Opportunity may
establish such rules as it deems necessary to implement this
Section.
    (k) The charges imposed by this Section shall only apply to
customers of municipal electric or gas utilities and electric
or gas cooperatives if the municipal electric or gas utility or
electric or gas cooperative makes an affirmative decision to
impose the charge. If a municipal electric or gas utility or an
electric cooperative makes an affirmative decision to impose
the charge provided by this Section, the municipal electric or
gas utility or electric cooperative shall inform the Department
of Revenue in writing of such decision when it begins to impose
the charge. If a municipal electric or gas utility or electric
or gas cooperative does not assess this charge, the Department
may not use funds from the Supplemental Low-Income Energy
Assistance Fund to provide benefits to its customers under the
program authorized by Section 4 of this Act.
    In its use of federal funds under this Act, the Department
may not cause a disproportionate share of those federal funds
to benefit customers of systems which do not assess the charge
provided by this Section.
    This Section is repealed effective December 31, 2018 unless
renewed by action of the General Assembly. The General Assembly
shall consider the results of the evaluations described in
Section 8 in its deliberations.
(Source: P.A. 98-429, eff. 8-16-13; 99-457, eff. 1-1-16.)
 
    (305 ILCS 20/15 rep.)
    Section 5-145. The Energy Assistance Act is amended by
repealing Section 15.
 
    Section 5-150. The Environmental Protection Act is amended
by changing Section 39.5 as follows:
 
    (415 ILCS 5/39.5)  (from Ch. 111 1/2, par. 1039.5)
    Sec. 39.5. Clean Air Act Permit Program.
    1. Definitions. For purposes of this Section:
    "Administrative permit amendment" means a permit revision
subject to subsection 13 of this Section.
    "Affected source for acid deposition" means a source that
includes one or more affected units under Title IV of the Clean
Air Act.
    "Affected States" for purposes of formal distribution of a
draft CAAPP permit to other States for comments prior to
issuance, means all States:
        (1) Whose air quality may be affected by the source
    covered by the draft permit and that are contiguous to
    Illinois; or
        (2) That are within 50 miles of the source.
    "Affected unit for acid deposition" shall have the meaning
given to the term "affected unit" in the regulations
promulgated under Title IV of the Clean Air Act.
    "Applicable Clean Air Act requirement" means all of the
following as they apply to emissions units in a source
(including regulations that have been promulgated or approved
by USEPA pursuant to the Clean Air Act which directly impose
requirements upon a source and other such federal requirements
which have been adopted by the Board. These may include
requirements and regulations which have future effective
compliance dates. Requirements and regulations will be exempt
if USEPA determines that such requirements need not be
contained in a Title V permit):
        (1) Any standard or other requirement provided for in
    the applicable state implementation plan approved or
    promulgated by USEPA under Title I of the Clean Air Act
    that implements the relevant requirements of the Clean Air
    Act, including any revisions to the state Implementation
    Plan promulgated in 40 CFR Part 52, Subparts A and O and
    other subparts applicable to Illinois. For purposes of this
    paragraph (1) of this definition, "any standard or other
    requirement" means only such standards or requirements
    directly enforceable against an individual source under
    the Clean Air Act.
        (2)(i) Any term or condition of any preconstruction
        permits issued pursuant to regulations approved or
        promulgated by USEPA under Title I of the Clean Air
        Act, including Part C or D of the Clean Air Act.
            (ii) Any term or condition as required pursuant to
        Section 39.5 of any federally enforceable State
        operating permit issued pursuant to regulations
        approved or promulgated by USEPA under Title I of the
        Clean Air Act, including Part C or D of the Clean Air
        Act.
        (3) Any standard or other requirement under Section 111
    of the Clean Air Act, including Section 111(d).
        (4) Any standard or other requirement under Section 112
    of the Clean Air Act, including any requirement concerning
    accident prevention under Section 112(r)(7) of the Clean
    Air Act.
        (5) Any standard or other requirement of the acid rain
    program under Title IV of the Clean Air Act or the
    regulations promulgated thereunder.
        (6) Any requirements established pursuant to Section
    504(b) or Section 114(a)(3) of the Clean Air Act.
        (7) Any standard or other requirement governing solid
    waste incineration, under Section 129 of the Clean Air Act.
        (8) Any standard or other requirement for consumer and
    commercial products, under Section 183(e) of the Clean Air
    Act.
        (9) Any standard or other requirement for tank vessels,
    under Section 183(f) of the Clean Air Act.
        (10) Any standard or other requirement of the program
    to control air pollution from Outer Continental Shelf
    sources, under Section 328 of the Clean Air Act.
        (11) Any standard or other requirement of the
    regulations promulgated to protect stratospheric ozone
    under Title VI of the Clean Air Act, unless USEPA has
    determined that such requirements need not be contained in
    a Title V permit.
        (12) Any national ambient air quality standard or
    increment or visibility requirement under Part C of Title I
    of the Clean Air Act, but only as it would apply to
    temporary sources permitted pursuant to Section 504(e) of
    the Clean Air Act.
    "Applicable requirement" means all applicable Clean Air
Act requirements and any other standard, limitation, or other
requirement contained in this Act or regulations promulgated
under this Act as applicable to sources of air contaminants
(including requirements that have future effective compliance
dates).
    "CAAPP" means the Clean Air Act Permit Program, developed
pursuant to Title V of the Clean Air Act.
    "CAAPP application" means an application for a CAAPP
permit.
    "CAAPP Permit" or "permit" (unless the context suggests
otherwise) means any permit issued, renewed, amended, modified
or revised pursuant to Title V of the Clean Air Act.
    "CAAPP source" means any source for which the owner or
operator is required to obtain a CAAPP permit pursuant to
subsection 2 of this Section.
    "Clean Air Act" means the Clean Air Act, as now and
hereafter amended, 42 U.S.C. 7401, et seq.
    "Designated representative" has the meaning given to it in
Section 402(26) of the Clean Air Act and the regulations
promulgated thereunder, which state that the term "designated
representative" means a responsible person or official
authorized by the owner or operator of a unit to represent the
owner or operator in all matters pertaining to the holding,
transfer, or disposition of allowances allocated to a unit, and
the submission of and compliance with permits, permit
applications, and compliance plans for the unit.
    "Draft CAAPP permit" means the version of a CAAPP permit
for which public notice and an opportunity for public comment
and hearing is offered by the Agency.
    "Effective date of the CAAPP" means the date that USEPA
approves Illinois' CAAPP.
    "Emission unit" means any part or activity of a stationary
source that emits or has the potential to emit any air
pollutant. This term is not meant to alter or affect the
definition of the term "unit" for purposes of Title IV of the
Clean Air Act.
    "Federally enforceable" means enforceable by USEPA.
    "Final permit action" means the Agency's granting with
conditions, refusal to grant, renewal of, or revision of a
CAAPP permit, the Agency's determination of incompleteness of a
submitted CAAPP application, or the Agency's failure to act on
an application for a permit, permit renewal, or permit revision
within the time specified in subsection 13, subsection 14, or
paragraph (j) of subsection 5 of this Section.
    "General permit" means a permit issued to cover numerous
similar sources in accordance with subsection 11 of this
Section.
    "Major source" means a source for which emissions of one or
more air pollutants meet the criteria for major status pursuant
to paragraph (c) of subsection 2 of this Section.
    "Maximum achievable control technology" or "MACT" means
the maximum degree of reductions in emissions deemed achievable
under Section 112 of the Clean Air Act.
    "Owner or operator" means any person who owns, leases,
operates, controls, or supervises a stationary source.
    "Permit modification" means a revision to a CAAPP permit
that cannot be accomplished under the provisions for
administrative permit amendments under subsection 13 of this
Section.
    "Permit revision" means a permit modification or
administrative permit amendment.
    "Phase II" means the period of the national acid rain
program, established under Title IV of the Clean Air Act,
beginning January 1, 2000, and continuing thereafter.
    "Phase II acid rain permit" means the portion of a CAAPP
permit issued, renewed, modified, or revised by the Agency
during Phase II for an affected source for acid deposition.
    "Potential to emit" means the maximum capacity of a
stationary source to emit any air pollutant under its physical
and operational design. Any physical or operational limitation
on the capacity of a source to emit an air pollutant, including
air pollution control equipment and restrictions on hours of
operation or on the type or amount of material combusted,
stored, or processed, shall be treated as part of its design if
the limitation is enforceable by USEPA. This definition does
not alter or affect the use of this term for any other purposes
under the Clean Air Act, or the term "capacity factor" as used
in Title IV of the Clean Air Act or the regulations promulgated
thereunder.
    "Preconstruction Permit" or "Construction Permit" means a
permit which is to be obtained prior to commencing or beginning
actual construction or modification of a source or emissions
unit.
    "Proposed CAAPP permit" means the version of a CAAPP permit
that the Agency proposes to issue and forwards to USEPA for
review in compliance with applicable requirements of the Act
and regulations promulgated thereunder.
    "Regulated air pollutant" means the following:
        (1) Nitrogen oxides (NOx) or any volatile organic
    compound.
        (2) Any pollutant for which a national ambient air
    quality standard has been promulgated.
        (3) Any pollutant that is subject to any standard
    promulgated under Section 111 of the Clean Air Act.
        (4) Any Class I or II substance subject to a standard
    promulgated under or established by Title VI of the Clean
    Air Act.
        (5) Any pollutant subject to a standard promulgated
    under Section 112 or other requirements established under
    Section 112 of the Clean Air Act, including Sections
    112(g), (j) and (r).
            (i) Any pollutant subject to requirements under
        Section 112(j) of the Clean Air Act. Any pollutant
        listed under Section 112(b) for which the subject
        source would be major shall be considered to be
        regulated 18 months after the date on which USEPA was
        required to promulgate an applicable standard pursuant
        to Section 112(e) of the Clean Air Act, if USEPA fails
        to promulgate such standard.
            (ii) Any pollutant for which the requirements of
        Section 112(g)(2) of the Clean Air Act have been met,
        but only with respect to the individual source subject
        to Section 112(g)(2) requirement.
        (6) Greenhouse gases.
    "Renewal" means the process by which a permit is reissued
at the end of its term.
    "Responsible official" means one of the following:
        (1) For a corporation: a president, secretary,
    treasurer, or vice-president of the corporation in charge
    of a principal business function, or any other person who
    performs similar policy or decision-making functions for
    the corporation, or a duly authorized representative of
    such person if the representative is responsible for the
    overall operation of one or more manufacturing,
    production, or operating facilities applying for or
    subject to a permit and either (i) the facilities employ
    more than 250 persons or have gross annual sales or
    expenditures exceeding $25 million (in second quarter 1980
    dollars), or (ii) the delegation of authority to such
    representative is approved in advance by the Agency.
        (2) For a partnership or sole proprietorship: a general
    partner or the proprietor, respectively, or in the case of
    a partnership in which all of the partners are
    corporations, a duly authorized representative of the
    partnership if the representative is responsible for the
    overall operation of one or more manufacturing,
    production, or operating facilities applying for or
    subject to a permit and either (i) the facilities employ
    more than 250 persons or have gross annual sales or
    expenditures exceeding $25 million (in second quarter 1980
    dollars), or (ii) the delegation of authority to such
    representative is approved in advance by the Agency.
        (3) For a municipality, State, Federal, or other public
    agency: either a principal executive officer or ranking
    elected official. For the purposes of this part, a
    principal executive officer of a Federal agency includes
    the chief executive officer having responsibility for the
    overall operations of a principal geographic unit of the
    agency (e.g., a Regional Administrator of USEPA).
        (4) For affected sources for acid deposition:
            (i) The designated representative shall be the
        "responsible official" in so far as actions,
        standards, requirements, or prohibitions under Title
        IV of the Clean Air Act or the regulations promulgated
        thereunder are concerned.
            (ii) The designated representative may also be the
        "responsible official" for any other purposes with
        respect to air pollution control.
    "Section 502(b)(10) changes" means changes that contravene
express permit terms. "Section 502(b)(10) changes" do not
include changes that would violate applicable requirements or
contravene federally enforceable permit terms or conditions
that are monitoring (including test methods), recordkeeping,
reporting, or compliance certification requirements.
    "Solid waste incineration unit" means a distinct operating
unit of any facility which combusts any solid waste material
from commercial or industrial establishments or the general
public (including single and multiple residences, hotels, and
motels). The term does not include incinerators or other units
required to have a permit under Section 3005 of the Solid Waste
Disposal Act. The term also does not include (A) materials
recovery facilities (including primary or secondary smelters)
which combust waste for the primary purpose of recovering
metals, (B) qualifying small power production facilities, as
defined in Section 3(17)(C) of the Federal Power Act (16 U.S.C.
769(17)(C)), or qualifying cogeneration facilities, as defined
in Section 3(18)(B) of the Federal Power Act (16 U.S.C.
796(18)(B)), which burn homogeneous waste (such as units which
burn tires or used oil, but not including refuse-derived fuel)
for the production of electric energy or in the case of
qualifying cogeneration facilities which burn homogeneous
waste for the production of electric energy and steam or forms
of useful energy (such as heat) which are used for industrial,
commercial, heating or cooling purposes, or (C) air curtain
incinerators provided that such incinerators only burn wood
wastes, yard waste and clean lumber and that such air curtain
incinerators comply with opacity limitations to be established
by the USEPA by rule.
    "Source" means any stationary source (or any group of
stationary sources) that is located on one or more contiguous
or adjacent properties that are under common control of the
same person (or persons under common control) and that belongs
to a single major industrial grouping. For the purposes of
defining "source," a stationary source or group of stationary
sources shall be considered part of a single major industrial
grouping if all of the pollutant emitting activities at such
source or group of sources located on contiguous or adjacent
properties and under common control belong to the same Major
Group (i.e., all have the same two-digit code) as described in
the Standard Industrial Classification Manual, 1987, or such
pollutant emitting activities at a stationary source (or group
of stationary sources) located on contiguous or adjacent
properties and under common control constitute a support
facility. The determination as to whether any group of
stationary sources is located on contiguous or adjacent
properties, and/or is under common control, and/or whether the
pollutant emitting activities at such group of stationary
sources constitute a support facility shall be made on a case
by case basis.
    "Stationary source" means any building, structure,
facility, or installation that emits or may emit any regulated
air pollutant or any pollutant listed under Section 112(b) of
the Clean Air Act, except those emissions resulting directly
from an internal combustion engine for transportation purposes
or from a nonroad engine or nonroad vehicle as defined in
Section 216 of the Clean Air Act.
    "Subject to regulation" has the meaning given to it in 40
CFR 70.2, as now or hereafter amended.
    "Support facility" means any stationary source (or group of
stationary sources) that conveys, stores, or otherwise assists
to a significant extent in the production of a principal
product at another stationary source (or group of stationary
sources). A support facility shall be considered to be part of
the same source as the stationary source (or group of
stationary sources) that it supports regardless of the 2-digit
Standard Industrial Classification code for the support
facility.
    "USEPA" means the Administrator of the United States
Environmental Protection Agency (USEPA) or a person designated
by the Administrator.
 
    1.1. Exclusion From the CAAPP.
        a. An owner or operator of a source which determines
    that the source could be excluded from the CAAPP may seek
    such exclusion prior to the date that the CAAPP application
    for the source is due but in no case later than 9 months
    after the effective date of the CAAPP through the
    imposition of federally enforceable conditions limiting
    the "potential to emit" of the source to a level below the
    major source threshold for that source as described in
    paragraph (c) of subsection 2 of this Section, within a
    State operating permit issued pursuant to subsection (a) of
    Section 39 of this Act. After such date, an exclusion from
    the CAAPP may be sought under paragraph (c) of subsection 3
    of this Section.
        b. An owner or operator of a source seeking exclusion
    from the CAAPP pursuant to paragraph (a) of this subsection
    must submit a permit application consistent with the
    existing State permit program which specifically requests
    such exclusion through the imposition of such federally
    enforceable conditions.
        c. Upon such request, if the Agency determines that the
    owner or operator of a source has met the requirements for
    exclusion pursuant to paragraph (a) of this subsection and
    other applicable requirements for permit issuance under
    subsection (a) of Section 39 of this Act, the Agency shall
    issue a State operating permit for such source under
    subsection (a) of Section 39 of this Act, as amended, and
    regulations promulgated thereunder with federally
    enforceable conditions limiting the "potential to emit" of
    the source to a level below the major source threshold for
    that source as described in paragraph (c) of subsection 2
    of this Section.
        d. The Agency shall provide an owner or operator of a
    source which may be excluded from the CAAPP pursuant to
    this subsection with reasonable notice that the owner or
    operator may seek such exclusion.
        e. The Agency shall provide such sources with the
    necessary permit application forms.
 
    2. Applicability.
        a. Sources subject to this Section shall include:
            i. Any major source as defined in paragraph (c) of
        this subsection.
            ii. Any source subject to a standard or other
        requirements promulgated under Section 111 (New Source
        Performance Standards) or Section 112 (Hazardous Air
        Pollutants) of the Clean Air Act, except that a source
        is not required to obtain a permit solely because it is
        subject to regulations or requirements under Section
        112(r) of the Clean Air Act.
            iii. Any affected source for acid deposition, as
        defined in subsection 1 of this Section.
            iv. Any other source subject to this Section under
        the Clean Air Act or regulations promulgated
        thereunder, or applicable Board regulations.
        b. Sources exempted from this Section shall include:
            i. All sources listed in paragraph (a) of this
        subsection that are not major sources, affected
        sources for acid deposition or solid waste
        incineration units required to obtain a permit
        pursuant to Section 129(e) of the Clean Air Act, until
        the source is required to obtain a CAAPP permit
        pursuant to the Clean Air Act or regulations
        promulgated thereunder.
            ii. Nonmajor sources subject to a standard or other
        requirements subsequently promulgated by USEPA under
        Section 111 or 112 of the Clean Air Act that are
        determined by USEPA to be exempt at the time a new
        standard is promulgated.
            iii. All sources and source categories that would
        be required to obtain a permit solely because they are
        subject to Part 60, Subpart AAA - Standards of
        Performance for New Residential Wood Heaters (40 CFR
        Part 60).
            iv. All sources and source categories that would be
        required to obtain a permit solely because they are
        subject to Part 61, Subpart M - National Emission
        Standard for Hazardous Air Pollutants for Asbestos,
        Section 61.145 (40 CFR Part 61).
            v. Any other source categories exempted by USEPA
        regulations pursuant to Section 502(a) of the Clean Air
        Act.
            vi. Major sources of greenhouse gas emissions
        required to obtain a CAAPP permit under this Section if
        any of the following occurs:
                (A) enactment of federal legislation depriving
            the Administrator of the USEPA of authority to
            regulate greenhouse gases under the Clean Air Act;
                (B) the issuance of any opinion, ruling,
            judgment, order, or decree by a federal court
            depriving the Administrator of the USEPA of
            authority to regulate greenhouse gases under the
            Clean Air Act; or
                (C) action by the President of the United
            States or the President's authorized agent,
            including the Administrator of the USEPA, to
            repeal or withdraw the Greenhouse Gas Tailoring
            Rule (75 Fed. Reg. 31514, June 3, 2010).
            If any event listed in this subparagraph (vi)
        occurs, CAAPP permits issued after such event shall not
        impose permit terms or conditions addressing
        greenhouse gases during the effectiveness of any event
        listed in subparagraph (vi). If any event listed in
        this subparagraph (vi) occurs, any owner or operator
        with a CAAPP permit that includes terms or conditions
        addressing greenhouse gases may elect to submit an
        application to the Agency to address a revision or
        repeal of such terms or conditions. If any owner or
        operator submits such an application, the Agency shall
        expeditiously process the permit application in
        accordance with applicable laws and regulations.
        Nothing in this subparagraph (vi) shall relieve an
        owner or operator of a source from the requirement to
        obtain a CAAPP permit for its emissions of regulated
        air pollutants other than greenhouse gases, as
        required by this Section.
        c. For purposes of this Section the term "major source"
    means any source that is:
            i. A major source under Section 112 of the Clean
        Air Act, which is defined as:
                A. For pollutants other than radionuclides,
            any stationary source or group of stationary
            sources located within a contiguous area and under
            common control that emits or has the potential to
            emit, in the aggregate, 10 tons per year (tpy) or
            more of any hazardous air pollutant which has been
            listed pursuant to Section 112(b) of the Clean Air
            Act, 25 tpy or more of any combination of such
            hazardous air pollutants, or such lesser quantity
            as USEPA may establish by rule. Notwithstanding
            the preceding sentence, emissions from any oil or
            gas exploration or production well (with its
            associated equipment) and emissions from any
            pipeline compressor or pump station shall not be
            aggregated with emissions from other similar
            units, whether or not such units are in a
            contiguous area or under common control, to
            determine whether such stations are major sources.
                B. For radionuclides, "major source" shall
            have the meaning specified by the USEPA by rule.
            ii. A major stationary source of air pollutants, as
        defined in Section 302 of the Clean Air Act, that
        directly emits or has the potential to emit, 100 tpy or
        more of any air pollutant subject to regulation
        (including any major source of fugitive emissions of
        any such pollutant, as determined by rule by USEPA).
        For purposes of this subsection, "fugitive emissions"
        means those emissions which could not reasonably pass
        through a stack, chimney, vent, or other
        functionally-equivalent opening. The fugitive
        emissions of a stationary source shall not be
        considered in determining whether it is a major
        stationary source for the purposes of Section 302(j) of
        the Clean Air Act, unless the source belongs to one of
        the following categories of stationary source:
                A. Coal cleaning plants (with thermal dryers).
                B. Kraft pulp mills.
                C. Portland cement plants.
                D. Primary zinc smelters.
                E. Iron and steel mills.
                F. Primary aluminum ore reduction plants.
                G. Primary copper smelters.
                H. Municipal incinerators capable of charging
            more than 250 tons of refuse per day.
                I. Hydrofluoric, sulfuric, or nitric acid
            plants.
                J. Petroleum refineries.
                K. Lime plants.
                L. Phosphate rock processing plants.
                M. Coke oven batteries.
                N. Sulfur recovery plants.
                O. Carbon black plants (furnace process).
                P. Primary lead smelters.
                Q. Fuel conversion plants.
                R. Sintering plants.
                S. Secondary metal production plants.
                T. Chemical process plants.
                U. Fossil-fuel boilers (or combination
            thereof) totaling more than 250 million British
            thermal units per hour heat input.
                V. Petroleum storage and transfer units with a
            total storage capacity exceeding 300,000 barrels.
                W. Taconite ore processing plants.
                X. Glass fiber processing plants.
                Y. Charcoal production plants.
                Z. Fossil fuel-fired steam electric plants of
            more than 250 million British thermal units per
            hour heat input.
                AA. All other stationary source categories,
            which as of August 7, 1980 are being regulated by a
            standard promulgated under Section 111 or 112 of
            the Clean Air Act.
                BB. Any other stationary source category
            designated by USEPA by rule.
            iii. A major stationary source as defined in part D
        of Title I of the Clean Air Act including:
                A. For ozone nonattainment areas, sources with
            the potential to emit 100 tons or more per year of
            volatile organic compounds or oxides of nitrogen
            in areas classified as "marginal" or "moderate",
            50 tons or more per year in areas classified as
            "serious", 25 tons or more per year in areas
            classified as "severe", and 10 tons or more per
            year in areas classified as "extreme"; except that
            the references in this clause to 100, 50, 25, and
            10 tons per year of nitrogen oxides shall not apply
            with respect to any source for which USEPA has made
            a finding, under Section 182(f)(1) or (2) of the
            Clean Air Act, that requirements otherwise
            applicable to such source under Section 182(f) of
            the Clean Air Act do not apply. Such sources shall
            remain subject to the major source criteria of
            subparagraph (ii) of paragraph (c) of this
            subsection.
                B. For ozone transport regions established
            pursuant to Section 184 of the Clean Air Act,
            sources with the potential to emit 50 tons or more
            per year of volatile organic compounds (VOCs).
                C. For carbon monoxide nonattainment areas (1)
            that are classified as "serious", and (2) in which
            stationary sources contribute significantly to
            carbon monoxide levels as determined under rules
            issued by USEPA, sources with the potential to emit
            50 tons or more per year of carbon monoxide.
                D. For particulate matter (PM-10)
            nonattainment areas classified as "serious",
            sources with the potential to emit 70 tons or more
            per year of PM-10.
 
    3. Agency Authority To Issue CAAPP Permits and Federally
Enforceable State Operating Permits.
        a. The Agency shall issue CAAPP permits under this
    Section consistent with the Clean Air Act and regulations
    promulgated thereunder and this Act and regulations
    promulgated thereunder.
        b. The Agency shall issue CAAPP permits for fixed terms
    of 5 years, except CAAPP permits issued for solid waste
    incineration units combusting municipal waste which shall
    be issued for fixed terms of 12 years and except CAAPP
    permits for affected sources for acid deposition which
    shall be issued for initial terms to expire on December 31,
    1999, and for fixed terms of 5 years thereafter.
        c. The Agency shall have the authority to issue a State
    operating permit for a source under subsection (a) of
    Section 39 of this Act, as amended, and regulations
    promulgated thereunder, which includes federally
    enforceable conditions limiting the "potential to emit" of
    the source to a level below the major source threshold for
    that source as described in paragraph (c) of subsection 2
    of this Section, thereby excluding the source from the
    CAAPP, when requested by the applicant pursuant to
    paragraph (u) of subsection 5 of this Section. The public
    notice requirements of this Section applicable to CAAPP
    permits shall also apply to the initial issuance of permits
    under this paragraph.
        d. For purposes of this Act, a permit issued by USEPA
    under Section 505 of the Clean Air Act, as now and
    hereafter amended, shall be deemed to be a permit issued by
    the Agency pursuant to Section 39.5 of this Act.
 
    4. Transition.
        a. An owner or operator of a CAAPP source shall not be
    required to renew an existing State operating permit for
    any emission unit at such CAAPP source once a CAAPP
    application timely submitted prior to expiration of the
    State operating permit has been deemed complete. For
    purposes other than permit renewal, the obligation upon the
    owner or operator of a CAAPP source to obtain a State
    operating permit is not removed upon submittal of the
    complete CAAPP permit application. An owner or operator of
    a CAAPP source seeking to make a modification to a source
    prior to the issuance of its CAAPP permit shall be required
    to obtain a construction permit, operating permit, or both
    as required for such modification in accordance with the
    State permit program under subsection (a) of Section 39 of
    this Act, as amended, and regulations promulgated
    thereunder. The application for such construction permit,
    operating permit, or both shall be considered an amendment
    to the CAAPP application submitted for such source.
        b. An owner or operator of a CAAPP source shall
    continue to operate in accordance with the terms and
    conditions of its applicable State operating permit
    notwithstanding the expiration of the State operating
    permit until the source's CAAPP permit has been issued.
        c. An owner or operator of a CAAPP source shall submit
    its initial CAAPP application to the Agency no later than
    12 months after the effective date of the CAAPP. The Agency
    may request submittal of initial CAAPP applications during
    this 12-month period according to a schedule set forth
    within Agency procedures, however, in no event shall the
    Agency require such submittal earlier than 3 months after
    such effective date of the CAAPP. An owner or operator may
    voluntarily submit its initial CAAPP application prior to
    the date required within this paragraph or applicable
    procedures, if any, subsequent to the date the Agency
    submits the CAAPP to USEPA for approval.
        d. The Agency shall act on initial CAAPP applications
    in accordance with paragraph (j) of subsection 5 of this
    Section.
        e. For purposes of this Section, the term "initial
    CAAPP application" shall mean the first CAAPP application
    submitted for a source existing as of the effective date of
    the CAAPP.
        f. The Agency shall provide owners or operators of
    CAAPP sources with at least 3 months advance notice of the
    date on which their applications are required to be
    submitted. In determining which sources shall be subject to
    early submittal, the Agency shall include among its
    considerations the complexity of the permit application,
    and the burden that such early submittal will have on the
    source.
        g. The CAAPP permit shall upon becoming effective
    supersede the State operating permit.
        h. The Agency shall have the authority to adopt
    procedural rules, in accordance with the Illinois
    Administrative Procedure Act, as the Agency deems
    necessary, to implement this subsection.
 
    5. Applications and Completeness.
        a. An owner or operator of a CAAPP source shall submit
    its complete CAAPP application consistent with the Act and
    applicable regulations.
        b. An owner or operator of a CAAPP source shall submit
    a single complete CAAPP application covering all emission
    units at that source.
        c. To be deemed complete, a CAAPP application must
    provide all information, as requested in Agency
    application forms, sufficient to evaluate the subject
    source and its application and to determine all applicable
    requirements, pursuant to the Clean Air Act, and
    regulations thereunder, this Act and regulations
    thereunder. Such Agency application forms shall be
    finalized and made available prior to the date on which any
    CAAPP application is required.
        d. An owner or operator of a CAAPP source shall submit,
    as part of its complete CAAPP application, a compliance
    plan, including a schedule of compliance, describing how
    each emission unit will comply with all applicable
    requirements. Any such schedule of compliance shall be
    supplemental to, and shall not sanction noncompliance
    with, the applicable requirements on which it is based.
        e. Each submitted CAAPP application shall be certified
    for truth, accuracy, and completeness by a responsible
    official in accordance with applicable regulations.
        f. The Agency shall provide notice to a CAAPP applicant
    as to whether a submitted CAAPP application is complete.
    Unless the Agency notifies the applicant of
    incompleteness, within 60 days after receipt of the CAAPP
    application, the application shall be deemed complete. The
    Agency may request additional information as needed to make
    the completeness determination. The Agency may to the
    extent practicable provide the applicant with a reasonable
    opportunity to correct deficiencies prior to a final
    determination of completeness.
        g. If after the determination of completeness the
    Agency finds that additional information is necessary to
    evaluate or take final action on the CAAPP application, the
    Agency may request in writing such information from the
    source with a reasonable deadline for response.
        h. If the owner or operator of a CAAPP source submits a
    timely and complete CAAPP application, the source's
    failure to have a CAAPP permit shall not be a violation of
    this Section until the Agency takes final action on the
    submitted CAAPP application, provided, however, where the
    applicant fails to submit the requested information under
    paragraph (g) of this subsection 5 within the time frame
    specified by the Agency, this protection shall cease to
    apply.
        i. Any applicant who fails to submit any relevant facts
    necessary to evaluate the subject source and its CAAPP
    application or who has submitted incorrect information in a
    CAAPP application shall, upon becoming aware of such
    failure or incorrect submittal, submit supplementary facts
    or correct information to the Agency. In addition, an
    applicant shall provide to the Agency additional
    information as necessary to address any requirements which
    become applicable to the source subsequent to the date the
    applicant submitted its complete CAAPP application but
    prior to release of the draft CAAPP permit.
        j. The Agency shall issue or deny the CAAPP permit
    within 18 months after the date of receipt of the complete
    CAAPP application, with the following exceptions: (i)
    permits for affected sources for acid deposition shall be
    issued or denied within 6 months after receipt of a
    complete application in accordance with subsection 17 of
    this Section; (ii) the Agency shall act on initial CAAPP
    applications within 24 months after the date of receipt of
    the complete CAAPP application; (iii) the Agency shall act
    on complete applications containing early reduction
    demonstrations under Section 112(i)(5) of the Clean Air Act
    within 9 months of receipt of the complete CAAPP
    application.
        Where the Agency does not take final action on the
    permit within the required time period, the permit shall
    not be deemed issued; rather, the failure to act shall be
    treated as a final permit action for purposes of judicial
    review pursuant to Sections 40.2 and 41 of this Act.
        k. The submittal of a complete CAAPP application shall
    not affect the requirement that any source have a
    preconstruction permit under Title I of the Clean Air Act.
        l. Unless a timely and complete renewal application has
    been submitted consistent with this subsection, a CAAPP
    source operating upon the expiration of its CAAPP permit
    shall be deemed to be operating without a CAAPP permit.
    Such operation is prohibited under this Act.
        m. Permits being renewed shall be subject to the same
    procedural requirements, including those for public
    participation and federal review and objection, that apply
    to original permit issuance.
        n. For purposes of permit renewal, a timely application
    is one that is submitted no less than 9 months prior to the
    date of permit expiration.
        o. The terms and conditions of a CAAPP permit shall
    remain in effect until the issuance of a CAAPP renewal
    permit provided a timely and complete CAAPP application has
    been submitted.
        p. The owner or operator of a CAAPP source seeking a
    permit shield pursuant to paragraph (j) of subsection 7 of
    this Section shall request such permit shield in the CAAPP
    application regarding that source.
        q. The Agency shall make available to the public all
    documents submitted by the applicant to the Agency,
    including each CAAPP application, compliance plan
    (including the schedule of compliance), and emissions or
    compliance monitoring report, with the exception of
    information entitled to confidential treatment pursuant to
    Section 7 of this Act.
        r. The Agency shall use the standardized forms required
    under Title IV of the Clean Air Act and regulations
    promulgated thereunder for affected sources for acid
    deposition.
        s. An owner or operator of a CAAPP source may include
    within its CAAPP application a request for permission to
    operate during a startup, malfunction, or breakdown
    consistent with applicable Board regulations.
        t. An owner or operator of a CAAPP source, in order to
    utilize the operational flexibility provided under
    paragraph (l) of subsection 7 of this Section, must request
    such use and provide the necessary information within its
    CAAPP application.
        u. An owner or operator of a CAAPP source which seeks
    exclusion from the CAAPP through the imposition of
    federally enforceable conditions, pursuant to paragraph
    (c) of subsection 3 of this Section, must request such
    exclusion within a CAAPP application submitted consistent
    with this subsection on or after the date that the CAAPP
    application for the source is due. Prior to such date, but
    in no case later than 9 months after the effective date of
    the CAAPP, such owner or operator may request the
    imposition of federally enforceable conditions pursuant to
    paragraph (b) of subsection 1.1 of this Section.
        v. CAAPP applications shall contain accurate
    information on allowable emissions to implement the fee
    provisions of subsection 18 of this Section.
        w. An owner or operator of a CAAPP source shall submit
    within its CAAPP application emissions information
    regarding all regulated air pollutants emitted at that
    source consistent with applicable Agency procedures.
    Emissions information regarding insignificant activities
    or emission levels, as determined by the Agency pursuant to
    Board regulations, may be submitted as a list within the
    CAAPP application. The Agency shall propose regulations to
    the Board defining insignificant activities or emission
    levels, consistent with federal regulations, if any, no
    later than 18 months after the effective date of this
    amendatory Act of 1992, consistent with Section 112(n)(1)
    of the Clean Air Act. The Board shall adopt final
    regulations defining insignificant activities or emission
    levels no later than 9 months after the date of the
    Agency's proposal.
        x. The owner or operator of a new CAAPP source shall
    submit its complete CAAPP application consistent with this
    subsection within 12 months after commencing operation of
    such source. The owner or operator of an existing source
    that has been excluded from the provisions of this Section
    under subsection 1.1 or paragraph (c) of subsection 3 of
    this Section and that becomes subject to the CAAPP solely
    due to a change in operation at the source shall submit its
    complete CAAPP application consistent with this subsection
    at least 180 days before commencing operation in accordance
    with the change in operation.
        y. The Agency shall have the authority to adopt
    procedural rules, in accordance with the Illinois
    Administrative Procedure Act, as the Agency deems
    necessary to implement this subsection.
 
    6. Prohibitions.
        a. It shall be unlawful for any person to violate any
    terms or conditions of a permit issued under this Section,
    to operate any CAAPP source except in compliance with a
    permit issued by the Agency under this Section or to
    violate any other applicable requirements. All terms and
    conditions of a permit issued under this Section are
    enforceable by USEPA and citizens under the Clean Air Act,
    except those, if any, that are specifically designated as
    not being federally enforceable in the permit pursuant to
    paragraph (m) of subsection 7 of this Section.
        b. After the applicable CAAPP permit or renewal
    application submittal date, as specified in subsection 5 of
    this Section, no person shall operate a CAAPP source
    without a CAAPP permit unless the complete CAAPP permit or
    renewal application for such source has been timely
    submitted to the Agency.
        c. No owner or operator of a CAAPP source shall cause
    or threaten or allow the continued operation of an emission
    source during malfunction or breakdown of the emission
    source or related air pollution control equipment if such
    operation would cause a violation of the standards or
    limitations applicable to the source, unless the CAAPP
    permit granted to the source provides for such operation
    consistent with this Act and applicable Board regulations.
 
    7. Permit Content.
        a. All CAAPP permits shall contain emission
    limitations and standards and other enforceable terms and
    conditions, including but not limited to operational
    requirements, and schedules for achieving compliance at
    the earliest reasonable date, which are or will be required
    to accomplish the purposes and provisions of this Act and
    to assure compliance with all applicable requirements.
        b. The Agency shall include among such conditions
    applicable monitoring, reporting, record keeping and
    compliance certification requirements, as authorized by
    paragraphs (d), (e), and (f) of this subsection, that the
    Agency deems necessary to assure compliance with the Clean
    Air Act, the regulations promulgated thereunder, this Act,
    and applicable Board regulations. When monitoring,
    reporting, record keeping, and compliance certification
    requirements are specified within the Clean Air Act,
    regulations promulgated thereunder, this Act, or
    applicable regulations, such requirements shall be
    included within the CAAPP permit. The Board shall have
    authority to promulgate additional regulations where
    necessary to accomplish the purposes of the Clean Air Act,
    this Act, and regulations promulgated thereunder.
        c. The Agency shall assure, within such conditions, the
    use of terms, test methods, units, averaging periods, and
    other statistical conventions consistent with the
    applicable emission limitations, standards, and other
    requirements contained in the permit.
        d. To meet the requirements of this subsection with
    respect to monitoring, the permit shall:
            i. Incorporate and identify all applicable
        emissions monitoring and analysis procedures or test
        methods required under the Clean Air Act, regulations
        promulgated thereunder, this Act, and applicable Board
        regulations, including any procedures and methods
        promulgated by USEPA pursuant to Section 504(b) or
        Section 114 (a)(3) of the Clean Air Act.
            ii. Where the applicable requirement does not
        require periodic testing or instrumental or
        noninstrumental monitoring (which may consist of
        recordkeeping designed to serve as monitoring),
        require periodic monitoring sufficient to yield
        reliable data from the relevant time period that is
        representative of the source's compliance with the
        permit, as reported pursuant to paragraph (f) of this
        subsection. The Agency may determine that
        recordkeeping requirements are sufficient to meet the
        requirements of this subparagraph.
            iii. As necessary, specify requirements concerning
        the use, maintenance, and when appropriate,
        installation of monitoring equipment or methods.
        e. To meet the requirements of this subsection with
    respect to record keeping, the permit shall incorporate and
    identify all applicable recordkeeping requirements and
    require, where applicable, the following:
            i. Records of required monitoring information that
        include the following:
                A. The date, place and time of sampling or
            measurements.
                B. The date(s) analyses were performed.
                C. The company or entity that performed the
            analyses.
                D. The analytical techniques or methods used.
                E. The results of such analyses.
                F. The operating conditions as existing at the
            time of sampling or measurement.
            ii. Retention of records of all monitoring data and
        support information for a period of at least 5 years
        from the date of the monitoring sample, measurement,
        report, or application. Support information includes
        all calibration and maintenance records, original
        strip-chart recordings for continuous monitoring
        instrumentation, and copies of all reports required by
        the permit.
        f. To meet the requirements of this subsection with
    respect to reporting, the permit shall incorporate and
    identify all applicable reporting requirements and require
    the following:
            i. Submittal of reports of any required monitoring
        every 6 months. More frequent submittals may be
        requested by the Agency if such submittals are
        necessary to assure compliance with this Act or
        regulations promulgated by the Board thereunder. All
        instances of deviations from permit requirements must
        be clearly identified in such reports. All required
        reports must be certified by a responsible official
        consistent with subsection 5 of this Section.
            ii. Prompt reporting of deviations from permit
        requirements, including those attributable to upset
        conditions as defined in the permit, the probable cause
        of such deviations, and any corrective actions or
        preventive measures taken.
        g. Each CAAPP permit issued under subsection 10 of this
    Section shall include a condition prohibiting emissions
    exceeding any allowances that the source lawfully holds
    under Title IV of the Clean Air Act or the regulations
    promulgated thereunder, consistent with subsection 17 of
    this Section and applicable regulations, if any.
        h. All CAAPP permits shall state that, where another
    applicable requirement of the Clean Air Act is more
    stringent than any applicable requirement of regulations
    promulgated under Title IV of the Clean Air Act, both
    provisions shall be incorporated into the permit and shall
    be State and federally enforceable.
        i. Each CAAPP permit issued under subsection 10 of this
    Section shall include a severability clause to ensure the
    continued validity of the various permit requirements in
    the event of a challenge to any portions of the permit.
        j. The following shall apply with respect to owners or
    operators requesting a permit shield:
            i. The Agency shall include in a CAAPP permit, when
        requested by an applicant pursuant to paragraph (p) of
        subsection 5 of this Section, a provision stating that
        compliance with the conditions of the permit shall be
        deemed compliance with applicable requirements which
        are applicable as of the date of release of the
        proposed permit, provided that:
                A. The applicable requirement is specifically
            identified within the permit; or
                B. The Agency in acting on the CAAPP
            application or revision determines in writing that
            other requirements specifically identified are not
            applicable to the source, and the permit includes
            that determination or a concise summary thereof.
            ii. The permit shall identify the requirements for
        which the source is shielded. The shield shall not
        extend to applicable requirements which are
        promulgated after the date of release of the proposed
        permit unless the permit has been modified to reflect
        such new requirements.
            iii. A CAAPP permit which does not expressly
        indicate the existence of a permit shield shall not
        provide such a shield.
            iv. Nothing in this paragraph or in a CAAPP permit
        shall alter or affect the following:
                A. The provisions of Section 303 (emergency
            powers) of the Clean Air Act, including USEPA's
            authority under that section.
                B. The liability of an owner or operator of a
            source for any violation of applicable
            requirements prior to or at the time of permit
            issuance.
                C. The applicable requirements of the acid
            rain program consistent with Section 408(a) of the
            Clean Air Act.
                D. The ability of USEPA to obtain information
            from a source pursuant to Section 114
            (inspections, monitoring, and entry) of the Clean
            Air Act.
        k. Each CAAPP permit shall include an emergency
    provision providing an affirmative defense of emergency to
    an action brought for noncompliance with technology-based
    emission limitations under a CAAPP permit if the following
    conditions are met through properly signed,
    contemporaneous operating logs, or other relevant
    evidence:
            i. An emergency occurred and the permittee can
        identify the cause(s) of the emergency.
            ii. The permitted facility was at the time being
        properly operated.
            iii. The permittee submitted notice of the
        emergency to the Agency within 2 working days after the
        time when emission limitations were exceeded due to the
        emergency. This notice must contain a detailed
        description of the emergency, any steps taken to
        mitigate emissions, and corrective actions taken.
            iv. During the period of the emergency the
        permittee took all reasonable steps to minimize levels
        of emissions that exceeded the emission limitations,
        standards, or requirements in the permit.
        For purposes of this subsection, "emergency" means any
    situation arising from sudden and reasonably unforeseeable
    events beyond the control of the source, such as an act of
    God, that requires immediate corrective action to restore
    normal operation, and that causes the source to exceed a
    technology-based emission limitation under the permit, due
    to unavoidable increases in emissions attributable to the
    emergency. An emergency shall not include noncompliance to
    the extent caused by improperly designed equipment, lack of
    preventative maintenance, careless or improper operation,
    or operation error.
        In any enforcement proceeding, the permittee seeking
    to establish the occurrence of an emergency has the burden
    of proof. This provision is in addition to any emergency or
    upset provision contained in any applicable requirement.
    This provision does not relieve a permittee of any
    reporting obligations under existing federal or state laws
    or regulations.
        l. The Agency shall include in each permit issued under
    subsection 10 of this Section:
            i. Terms and conditions for reasonably anticipated
        operating scenarios identified by the source in its
        application. The permit terms and conditions for each
        such operating scenario shall meet all applicable
        requirements and the requirements of this Section.
                A. Under this subparagraph, the source must
            record in a log at the permitted facility a record
            of the scenario under which it is operating
            contemporaneously with making a change from one
            operating scenario to another.
                B. The permit shield described in paragraph
            (j) of subsection 7 of this Section shall extend to
            all terms and conditions under each such operating
            scenario.
            ii. Where requested by an applicant, all terms and
        conditions allowing for trading of emissions increases
        and decreases between different emission units at the
        CAAPP source, to the extent that the applicable
        requirements provide for trading of such emissions
        increases and decreases without a case-by-case
        approval of each emissions trade. Such terms and
        conditions:
                A. Shall include all terms required under this
            subsection to determine compliance;
                B. Must meet all applicable requirements;
                C. Shall extend the permit shield described in
            paragraph (j) of subsection 7 of this Section to
            all terms and conditions that allow such increases
            and decreases in emissions.
        m. The Agency shall specifically designate as not being
    federally enforceable under the Clean Air Act any terms and
    conditions included in the permit that are not specifically
    required under the Clean Air Act or federal regulations
    promulgated thereunder. Terms or conditions so designated
    shall be subject to all applicable state requirements,
    except the requirements of subsection 7 (other than this
    paragraph, paragraph q of subsection 7, subsections 8
    through 11, and subsections 13 through 16 of this Section.
    The Agency shall, however, include such terms and
    conditions in the CAAPP permit issued to the source.
        n. Each CAAPP permit issued under subsection 10 of this
    Section shall specify and reference the origin of and
    authority for each term or condition, and identify any
    difference in form as compared to the applicable
    requirement upon which the term or condition is based.
        o. Each CAAPP permit issued under subsection 10 of this
    Section shall include provisions stating the following:
            i. Duty to comply. The permittee must comply with
        all terms and conditions of the CAAPP permit. Any
        permit noncompliance constitutes a violation of the
        Clean Air Act and the Act, and is grounds for any or
        all of the following: enforcement action; permit
        termination, revocation and reissuance, or
        modification; or denial of a permit renewal
        application.
            ii. Need to halt or reduce activity not a defense.
        It shall not be a defense for a permittee in an
        enforcement action that it would have been necessary to
        halt or reduce the permitted activity in order to
        maintain compliance with the conditions of this
        permit.
            iii. Permit actions. The permit may be modified,
        revoked, reopened, and reissued, or terminated for
        cause in accordance with the applicable subsections of
        Section 39.5 of this Act. The filing of a request by
        the permittee for a permit modification, revocation
        and reissuance, or termination, or of a notification of
        planned changes or anticipated noncompliance does not
        stay any permit condition.
            iv. Property rights. The permit does not convey any
        property rights of any sort, or any exclusive
        privilege.
            v. Duty to provide information. The permittee
        shall furnish to the Agency within a reasonable time
        specified by the Agency any information that the Agency
        may request in writing to determine whether cause
        exists for modifying, revoking and reissuing, or
        terminating the permit or to determine compliance with
        the permit. Upon request, the permittee shall also
        furnish to the Agency copies of records required to be
        kept by the permit or, for information claimed to be
        confidential, the permittee may furnish such records
        directly to USEPA along with a claim of
        confidentiality.
            vi. Duty to pay fees. The permittee must pay fees
        to the Agency consistent with the fee schedule approved
        pursuant to subsection 18 of this Section, and submit
        any information relevant thereto.
            vii. Emissions trading. No permit revision shall
        be required for increases in emissions allowed under
        any approved economic incentives, marketable permits,
        emissions trading, and other similar programs or
        processes for changes that are provided for in the
        permit and that are authorized by the applicable
        requirement.
        p. Each CAAPP permit issued under subsection 10 of this
    Section shall contain the following elements with respect
    to compliance:
            i. Compliance certification, testing, monitoring,
        reporting, and record keeping requirements sufficient
        to assure compliance with the terms and conditions of
        the permit. Any document (including reports) required
        by a CAAPP permit shall contain a certification by a
        responsible official that meets the requirements of
        subsection 5 of this Section and applicable
        regulations.
            ii. Inspection and entry requirements that
        necessitate that, upon presentation of credentials and
        other documents as may be required by law and in
        accordance with constitutional limitations, the
        permittee shall allow the Agency, or an authorized
        representative to perform the following:
                A. Enter upon the permittee's premises where a
            CAAPP source is located or emissions-related
            activity is conducted, or where records must be
            kept under the conditions of the permit.
                B. Have access to and copy, at reasonable
            times, any records that must be kept under the
            conditions of the permit.
                C. Inspect at reasonable times any facilities,
            equipment (including monitoring and air pollution
            control equipment), practices, or operations
            regulated or required under the permit.
                D. Sample or monitor any substances or
            parameters at any location:
                    1. As authorized by the Clean Air Act, at
                reasonable times, for the purposes of assuring
                compliance with the CAAPP permit or applicable
                requirements; or
                    2. As otherwise authorized by this Act.
            iii. A schedule of compliance consistent with
        subsection 5 of this Section and applicable
        regulations.
            iv. Progress reports consistent with an applicable
        schedule of compliance pursuant to paragraph (d) of
        subsection 5 of this Section and applicable
        regulations to be submitted semiannually, or more
        frequently if the Agency determines that such more
        frequent submittals are necessary for compliance with
        the Act or regulations promulgated by the Board
        thereunder. Such progress reports shall contain the
        following:
                A. Required dates for achieving the
            activities, milestones, or compliance required by
            the schedule of compliance and dates when such
            activities, milestones or compliance were
            achieved.
                B. An explanation of why any dates in the
            schedule of compliance were not or will not be met,
            and any preventive or corrective measures adopted.
            v. Requirements for compliance certification with
        terms and conditions contained in the permit,
        including emission limitations, standards, or work
        practices. Permits shall include each of the
        following:
                A. The frequency (annually or more frequently
            as specified in any applicable requirement or by
            the Agency pursuant to written procedures) of
            submissions of compliance certifications.
                B. A means for assessing or monitoring the
            compliance of the source with its emissions
            limitations, standards, and work practices.
                C. A requirement that the compliance
            certification include the following:
                    1. The identification of each term or
                condition contained in the permit that is the
                basis of the certification.
                    2. The compliance status.
                    3. Whether compliance was continuous or
                intermittent.
                    4. The method(s) used for determining the
                compliance status of the source, both
                currently and over the reporting period
                consistent with subsection 7 of this Section.
                D. A requirement that all compliance
            certifications be submitted to USEPA as well as to
            the Agency.
                E. Additional requirements as may be specified
            pursuant to Sections 114(a)(3) and 504(b) of the
            Clean Air Act.
                F. Other provisions as the Agency may require.
        q. If the owner or operator of CAAPP source can
    demonstrate in its CAAPP application, including an
    application for a significant modification, that an
    alternative emission limit would be equivalent to that
    contained in the applicable Board regulations, the Agency
    shall include the alternative emission limit in the CAAPP
    permit, which shall supersede the emission limit set forth
    in the applicable Board regulations, and shall include
    conditions that insure that the resulting emission limit is
    quantifiable, accountable, enforceable, and based on
    replicable procedures.
    8. Public Notice; Affected State Review.
        a. The Agency shall provide notice to the public,
    including an opportunity for public comment and a hearing,
    on each draft CAAPP permit for issuance, renewal or
    significant modification, subject to Section 7.1 and
    subsection (a) of Section 7 of this Act.
        b. The Agency shall prepare a draft CAAPP permit and a
    statement that sets forth the legal and factual basis for
    the draft CAAPP permit conditions, including references to
    the applicable statutory or regulatory provisions. The
    Agency shall provide this statement to any person who
    requests it.
        c. The Agency shall give notice of each draft CAAPP
    permit to the applicant and to any affected State on or
    before the time that the Agency has provided notice to the
    public, except as otherwise provided in this Act.
        d. The Agency, as part of its submittal of a proposed
    permit to USEPA (or as soon as possible after the submittal
    for minor permit modification procedures allowed under
    subsection 14 of this Section), shall notify USEPA and any
    affected State in writing of any refusal of the Agency to
    accept all of the recommendations for the proposed permit
    that an affected State submitted during the public or
    affected State review period. The notice shall include the
    Agency's reasons for not accepting the recommendations.
    The Agency is not required to accept recommendations that
    are not based on applicable requirements or the
    requirements of this Section.
        e. The Agency shall make available to the public any
    CAAPP permit application, compliance plan (including the
    schedule of compliance), CAAPP permit, and emissions or
    compliance monitoring report. If an owner or operator of a
    CAAPP source is required to submit information entitled to
    protection from disclosure under Section 7.1 and
    subsection (a) of Section 7 of this Act, the owner or
    operator shall submit such information separately. The
    requirements of Section 7.1 and subsection (a) of Section 7
    of this Act shall apply to such information, which shall
    not be included in a CAAPP permit unless required by law.
    The contents of a CAAPP permit shall not be entitled to
    protection under Section 7.1 and subsection (a) of Section
    7 of this Act.
        f. The Agency shall have the authority to adopt
    procedural rules, in accordance with the Illinois
    Administrative Procedure Act, as the Agency deems
    necessary, to implement this subsection.
        g. If requested by the permit applicant, the Agency
    shall provide the permit applicant with a copy of the draft
    CAAPP permit prior to any public review period. If
    requested by the permit applicant, the Agency shall provide
    the permit applicant with a copy of the final CAAPP permit
    prior to issuance of the CAAPP permit.
 
    9. USEPA Notice and Objection.
        a. The Agency shall provide to USEPA for its review a
    copy of each CAAPP application (including any application
    for permit modification), statement of basis as provided in
    paragraph (b) of subsection 8 of this Section, proposed
    CAAPP permit, CAAPP permit, and, if the Agency does not
    incorporate any affected State's recommendations on a
    proposed CAAPP permit, a written statement of this decision
    and its reasons for not accepting the recommendations,
    except as otherwise provided in this Act or by agreement
    with USEPA. To the extent practicable, the preceding
    information shall be provided in computer readable format
    compatible with USEPA's national database management
    system.
        b. The Agency shall not issue the proposed CAAPP permit
    if USEPA objects in writing within 45 days after receipt of
    the proposed CAAPP permit and all necessary supporting
    information.
        c. If USEPA objects in writing to the issuance of the
    proposed CAAPP permit within the 45-day period, the Agency
    shall respond in writing and may revise and resubmit the
    proposed CAAPP permit in response to the stated objection,
    to the extent supported by the record, within 90 days after
    the date of the objection. Prior to submitting a revised
    permit to USEPA, the Agency shall provide the applicant and
    any person who participated in the public comment process,
    pursuant to subsection 8 of this Section, with a 10-day
    period to comment on any revision which the Agency is
    proposing to make to the permit in response to USEPA's
    objection in accordance with Agency procedures.
        d. Any USEPA objection under this subsection,
    according to the Clean Air Act, will include a statement of
    reasons for the objection and a description of the terms
    and conditions that must be in the permit, in order to
    adequately respond to the objections. Grounds for a USEPA
    objection include the failure of the Agency to: (1) submit
    the items and notices required under this subsection; (2)
    submit any other information necessary to adequately
    review the proposed CAAPP permit; or (3) process the permit
    under subsection 8 of this Section except for minor permit
    modifications.
        e. If USEPA does not object in writing to issuance of a
    permit under this subsection, any person may petition USEPA
    within 60 days after expiration of the 45-day review period
    to make such objection.
        f. If the permit has not yet been issued and USEPA
    objects to the permit as a result of a petition, the Agency
    shall not issue the permit until USEPA's objection has been
    resolved. The Agency shall provide a 10-day comment period
    in accordance with paragraph c of this subsection. A
    petition does not, however, stay the effectiveness of a
    permit or its requirements if the permit was issued after
    expiration of the 45-day review period and prior to a USEPA
    objection.
        g. If the Agency has issued a permit after expiration
    of the 45-day review period and prior to receipt of a USEPA
    objection under this subsection in response to a petition
    submitted pursuant to paragraph e of this subsection, the
    Agency may, upon receipt of an objection from USEPA, revise
    and resubmit the permit to USEPA pursuant to this
    subsection after providing a 10-day comment period in
    accordance with paragraph c of this subsection. If the
    Agency fails to submit a revised permit in response to the
    objection, USEPA shall modify, terminate or revoke the
    permit. In any case, the source will not be in violation of
    the requirement to have submitted a timely and complete
    application.
        h. The Agency shall have the authority to adopt
    procedural rules, in accordance with the Illinois
    Administrative Procedure Act, as the Agency deems
    necessary, to implement this subsection.
 
    10. Final Agency Action.
        a. The Agency shall issue a CAAPP permit, permit
    modification, or permit renewal if all of the following
    conditions are met:
            i. The applicant has submitted a complete and
        certified application for a permit, permit
        modification, or permit renewal consistent with
        subsections 5 and 14 of this Section, as applicable,
        and applicable regulations.
            ii. The applicant has submitted with its complete
        application an approvable compliance plan, including a
        schedule for achieving compliance, consistent with
        subsection 5 of this Section and applicable
        regulations.
            iii. The applicant has timely paid the fees
        required pursuant to subsection 18 of this Section and
        applicable regulations.
            iv. The Agency has received a complete CAAPP
        application and, if necessary, has requested and
        received additional information from the applicant
        consistent with subsection 5 of this Section and
        applicable regulations.
            v. The Agency has complied with all applicable
        provisions regarding public notice and affected State
        review consistent with subsection 8 of this Section and
        applicable regulations.
            vi. The Agency has provided a copy of each CAAPP
        application, or summary thereof, pursuant to agreement
        with USEPA and proposed CAAPP permit required under
        subsection 9 of this Section to USEPA, and USEPA has
        not objected to the issuance of the permit in
        accordance with the Clean Air Act and 40 CFR Part 70.
        b. The Agency shall have the authority to deny a CAAPP
    permit, permit modification, or permit renewal if the
    applicant has not complied with the requirements of
    subparagraphs (i) through (iv) of paragraph (a) of this
    subsection or if USEPA objects to its issuance.
        c. i. Prior to denial of a CAAPP permit, permit
        modification, or permit renewal under this Section,
        the Agency shall notify the applicant of the possible
        denial and the reasons for the denial.
            ii. Within such notice, the Agency shall specify an
        appropriate date by which the applicant shall
        adequately respond to the Agency's notice. Such date
        shall not exceed 15 days from the date the notification
        is received by the applicant. The Agency may grant a
        reasonable extension for good cause shown.
            iii. Failure by the applicant to adequately
        respond by the date specified in the notification or by
        any granted extension date shall be grounds for denial
        of the permit.
            For purposes of obtaining judicial review under
        Sections 40.2 and 41 of this Act, the Agency shall
        provide to USEPA and each applicant, and, upon request,
        to affected States, any person who participated in the
        public comment process, and any other person who could
        obtain judicial review under Sections 40.2 and 41 of
        this Act, a copy of each CAAPP permit or notification
        of denial pertaining to that party.
        d. The Agency shall have the authority to adopt
    procedural rules, in accordance with the Illinois
    Administrative Procedure Act, as the Agency deems
    necessary, to implement this subsection.
 
    11. General Permits.
        a. The Agency may issue a general permit covering
    numerous similar sources, except for affected sources for
    acid deposition unless otherwise provided in regulations
    promulgated under Title IV of the Clean Air Act.
        b. The Agency shall identify, in any general permit,
    criteria by which sources may qualify for the general
    permit.
        c. CAAPP sources that would qualify for a general
    permit must apply for coverage under the terms of the
    general permit or must apply for a CAAPP permit consistent
    with subsection 5 of this Section and applicable
    regulations.
        d. The Agency shall comply with the public comment and
    hearing provisions of this Section as well as the USEPA and
    affected State review procedures prior to issuance of a
    general permit.
        e. When granting a subsequent request by a qualifying
    CAAPP source for coverage under the terms of a general
    permit, the Agency shall not be required to repeat the
    public notice and comment procedures. The granting of such
    request shall not be considered a final permit action for
    purposes of judicial review.
        f. The Agency may not issue a general permit to cover
    any discrete emission unit at a CAAPP source if another
    CAAPP permit covers emission units at the source.
        g. The Agency shall have the authority to adopt
    procedural rules, in accordance with the Illinois
    Administrative Procedure Act, as the Agency deems
    necessary, to implement this subsection.
 
    12. Operational Flexibility.
        a. An owner or operator of a CAAPP source may make
    changes at the CAAPP source without requiring a prior
    permit revision, consistent with subparagraphs (i) through
    (iii) of paragraph (a) of this subsection, so long as the
    changes are not modifications under any provision of Title
    I of the Clean Air Act and they do not exceed the emissions
    allowable under the permit (whether expressed therein as a
    rate of emissions or in terms of total emissions), provided
    that the owner or operator of the CAAPP source provides
    USEPA and the Agency with written notification as required
    below in advance of the proposed changes, which shall be a
    minimum of 7 days, unless otherwise provided by the Agency
    in applicable regulations regarding emergencies. The owner
    or operator of a CAAPP source and the Agency shall each
    attach such notice to their copy of the relevant permit.
            i. An owner or operator of a CAAPP source may make
        Section 502 (b) (10) changes without a permit revision,
        if the changes are not modifications under any
        provision of Title I of the Clean Air Act and the
        changes do not exceed the emissions allowable under the
        permit (whether expressed therein as a rate of
        emissions or in terms of total emissions).
                A. For each such change, the written
            notification required above shall include a brief
            description of the change within the source, the
            date on which the change will occur, any change in
            emissions, and any permit term or condition that is
            no longer applicable as a result of the change.
                B. The permit shield described in paragraph
            (j) of subsection 7 of this Section shall not apply
            to any change made pursuant to this subparagraph.
            ii. An owner or operator of a CAAPP source may
        trade increases and decreases in emissions in the CAAPP
        source, where the applicable implementation plan
        provides for such emission trades without requiring a
        permit revision. This provision is available in those
        cases where the permit does not already provide for
        such emissions trading.
                A. Under this subparagraph (ii) of paragraph
            (a) of this subsection, the written notification
            required above shall include such information as
            may be required by the provision in the applicable
            implementation plan authorizing the emissions
            trade, including at a minimum, when the proposed
            changes will occur, a description of each such
            change, any change in emissions, the permit
            requirements with which the source will comply
            using the emissions trading provisions of the
            applicable implementation plan, and the pollutants
            emitted subject to the emissions trade. The notice
            shall also refer to the provisions in the
            applicable implementation plan with which the
            source will comply and provide for the emissions
            trade.
                B. The permit shield described in paragraph
            (j) of subsection 7 of this Section shall not apply
            to any change made pursuant to subparagraph (ii) of
            paragraph (a) of this subsection. Compliance with
            the permit requirements that the source will meet
            using the emissions trade shall be determined
            according to the requirements of the applicable
            implementation plan authorizing the emissions
            trade.
            iii. If requested within a CAAPP application, the
        Agency shall issue a CAAPP permit which contains terms
        and conditions, including all terms required under
        subsection 7 of this Section to determine compliance,
        allowing for the trading of emissions increases and
        decreases at the CAAPP source solely for the purpose of
        complying with a federally-enforceable emissions cap
        that is established in the permit independent of
        otherwise applicable requirements. The owner or
        operator of a CAAPP source shall include in its CAAPP
        application proposed replicable procedures and permit
        terms that ensure the emissions trades are
        quantifiable and enforceable. The permit shall also
        require compliance with all applicable requirements.
                A. Under this subparagraph (iii) of paragraph
            (a), the written notification required above shall
            state when the change will occur and shall describe
            the changes in emissions that will result and how
            these increases and decreases in emissions will
            comply with the terms and conditions of the permit.
                B. The permit shield described in paragraph
            (j) of subsection 7 of this Section shall extend to
            terms and conditions that allow such increases and
            decreases in emissions.
        b. An owner or operator of a CAAPP source may make
    changes that are not addressed or prohibited by the permit,
    other than those which are subject to any requirements
    under Title IV of the Clean Air Act or are modifications
    under any provisions of Title I of the Clean Air Act,
    without a permit revision, in accordance with the following
    requirements:
            (i) Each such change shall meet all applicable
        requirements and shall not violate any existing permit
        term or condition;
            (ii) Sources must provide contemporaneous written
        notice to the Agency and USEPA of each such change,
        except for changes that qualify as insignificant under
        provisions adopted by the Agency or the Board. Such
        written notice shall describe each such change,
        including the date, any change in emissions,
        pollutants emitted, and any applicable requirement
        that would apply as a result of the change;
            (iii) The change shall not qualify for the shield
        described in paragraph (j) of subsection 7 of this
        Section; and
            (iv) The permittee shall keep a record describing
        changes made at the source that result in emissions of
        a regulated air pollutant subject to an applicable
        Clean Air Act requirement, but not otherwise regulated
        under the permit, and the emissions resulting from
        those changes.
        c. The Agency shall have the authority to adopt
    procedural rules, in accordance with the Illinois
    Administrative Procedure Act, as the Agency deems
    necessary to implement this subsection.
 
    13. Administrative Permit Amendments.
        a. The Agency shall take final action on a request for
    an administrative permit amendment within 60 days after
    receipt of the request. Neither notice nor an opportunity
    for public and affected State comment shall be required for
    the Agency to incorporate such revisions, provided it
    designates the permit revisions as having been made
    pursuant to this subsection.
        b. The Agency shall submit a copy of the revised permit
    to USEPA.
        c. For purposes of this Section the term
    "administrative permit amendment" shall be defined as a
    permit revision that can accomplish one or more of the
    changes described below:
            i. Corrects typographical errors;
            ii. Identifies a change in the name, address, or
        phone number of any person identified in the permit, or
        provides a similar minor administrative change at the
        source;
            iii. Requires more frequent monitoring or
        reporting by the permittee;
            iv. Allows for a change in ownership or operational
        control of a source where the Agency determines that no
        other change in the permit is necessary, provided that
        a written agreement containing a specific date for
        transfer of permit responsibility, coverage, and
        liability between the current and new permittees has
        been submitted to the Agency;
            v. Incorporates into the CAAPP permit the
        requirements from preconstruction review permits
        authorized under a USEPA-approved program, provided
        the program meets procedural and compliance
        requirements substantially equivalent to those
        contained in this Section;
            vi. (Blank); or
            vii. Any other type of change which USEPA has
        determined as part of the approved CAAPP permit program
        to be similar to those included in this subsection.
        d. The Agency shall, upon taking final action granting
    a request for an administrative permit amendment, allow
    coverage by the permit shield in paragraph (j) of
    subsection 7 of this Section for administrative permit
    amendments made pursuant to subparagraph (v) of paragraph
    (c) of this subsection which meet the relevant requirements
    for significant permit modifications.
        e. Permit revisions and modifications, including
    administrative amendments and automatic amendments
    (pursuant to Sections 408(b) and 403(d) of the Clean Air
    Act or regulations promulgated thereunder), for purposes
    of the acid rain portion of the permit shall be governed by
    the regulations promulgated under Title IV of the Clean Air
    Act. Owners or operators of affected sources for acid
    deposition shall have the flexibility to amend their
    compliance plans as provided in the regulations
    promulgated under Title IV of the Clean Air Act.
        f. The CAAPP source may implement the changes addressed
    in the request for an administrative permit amendment
    immediately upon submittal of the request.
        g. The Agency shall have the authority to adopt
    procedural rules, in accordance with the Illinois
    Administrative Procedure Act, as the Agency deems
    necessary, to implement this subsection.
 
    14. Permit Modifications.
        a. Minor permit modification procedures.
            i. The Agency shall review a permit modification
        using the "minor permit" modification procedures only
        for those permit modifications that:
                A. Do not violate any applicable requirement;
                B. Do not involve significant changes to
            existing monitoring, reporting, or recordkeeping
            requirements in the permit;
                C. Do not require a case-by-case determination
            of an emission limitation or other standard, or a
            source-specific determination of ambient impacts,
            or a visibility or increment analysis;
                D. Do not seek to establish or change a permit
            term or condition for which there is no
            corresponding underlying requirement and which
            avoids an applicable requirement to which the
            source would otherwise be subject. Such terms and
            conditions include:
                    1. A federally enforceable emissions cap
                assumed to avoid classification as a
                modification under any provision of Title I of
                the Clean Air Act; and
                    2. An alternative emissions limit approved
                pursuant to regulations promulgated under
                Section 112(i)(5) of the Clean Air Act;
                E. Are not modifications under any provision
            of Title I of the Clean Air Act; and
                F. Are not required to be processed as a
            significant modification.
            ii. Notwithstanding subparagraph (i) of paragraph
        (a) and subparagraph (ii) of paragraph (b) of this
        subsection, minor permit modification procedures may
        be used for permit modifications involving the use of
        economic incentives, marketable permits, emissions
        trading, and other similar approaches, to the extent
        that such minor permit modification procedures are
        explicitly provided for in an applicable
        implementation plan or in applicable requirements
        promulgated by USEPA.
            iii. An applicant requesting the use of minor
        permit modification procedures shall meet the
        requirements of subsection 5 of this Section and shall
        include the following in its application:
                A. A description of the change, the emissions
            resulting from the change, and any new applicable
            requirements that will apply if the change occurs;
                B. The source's suggested draft permit;
                C. Certification by a responsible official,
            consistent with paragraph (e) of subsection 5 of
            this Section and applicable regulations, that the
            proposed modification meets the criteria for use
            of minor permit modification procedures and a
            request that such procedures be used; and
                D. Completed forms for the Agency to use to
            notify USEPA and affected States as required under
            subsections 8 and 9 of this Section.
            iv. Within 5 working days after receipt of a
        complete permit modification application, the Agency
        shall notify USEPA and affected States of the requested
        permit modification in accordance with subsections 8
        and 9 of this Section. The Agency promptly shall send
        any notice required under paragraph (d) of subsection 8
        of this Section to USEPA.
            v. The Agency may not issue a final permit
        modification until after the 45-day review period for
        USEPA or until USEPA has notified the Agency that USEPA
        will not object to the issuance of the permit
        modification, whichever comes first, although the
        Agency can approve the permit modification prior to
        that time. Within 90 days after the Agency's receipt of
        an application under the minor permit modification
        procedures or 15 days after the end of USEPA's 45-day
        review period under subsection 9 of this Section,
        whichever is later, the Agency shall:
                A. Issue the permit modification as proposed;
                B. Deny the permit modification application;
                C. Determine that the requested modification
            does not meet the minor permit modification
            criteria and should be reviewed under the
            significant modification procedures; or
                D. Revise the draft permit modification and
            transmit to USEPA the new proposed permit
            modification as required by subsection 9 of this
            Section.
            vi. Any CAAPP source may make the change proposed
        in its minor permit modification application
        immediately after it files such application. After the
        CAAPP source makes the change allowed by the preceding
        sentence, and until the Agency takes any of the actions
        specified in items (A) through (C) of subparagraph (v)
        of paragraph (a) of this subsection, the source must
        comply with both the applicable requirements governing
        the change and the proposed permit terms and
        conditions. During this time period, the source need
        not comply with the existing permit terms and
        conditions it seeks to modify. If the source fails to
        comply with its proposed permit terms and conditions
        during this time period, the existing permit terms and
        conditions which it seeks to modify may be enforced
        against it.
            vii. The permit shield under paragraph (j) of
        subsection 7 of this Section may not extend to minor
        permit modifications.
            viii. If a construction permit is required,
        pursuant to subsection (a) of Section 39 of this Act
        and regulations thereunder, for a change for which the
        minor permit modification procedures are applicable,
        the source may request that the processing of the
        construction permit application be consolidated with
        the processing of the application for the minor permit
        modification. In such cases, the provisions of this
        Section, including those within subsections 5, 8, and
        9, shall apply and the Agency shall act on such
        applications pursuant to subparagraph (v) of paragraph
        (a) of subsection 14 of this Section. The source may
        make the proposed change immediately after filing its
        application for the minor permit modification. Nothing
        in this subparagraph shall otherwise affect the
        requirements and procedures applicable to construction
        permits.
        b. Group Processing of Minor Permit Modifications.
            i. Where requested by an applicant within its
        application, the Agency shall process groups of a
        source's applications for certain modifications
        eligible for minor permit modification processing in
        accordance with the provisions of this paragraph (b).
            ii. Permit modifications may be processed in
        accordance with the procedures for group processing,
        for those modifications:
                A. Which meet the criteria for minor permit
            modification procedures under subparagraph (i) of
            paragraph (a) of subsection 14 of this Section; and
                B. That collectively are below 10 percent of
            the emissions allowed by the permit for the
            emissions unit for which change is requested, 20
            percent of the applicable definition of major
            source set forth in subsection 2 of this Section,
            or 5 tons per year, whichever is least.
            iii. An applicant requesting the use of group
        processing procedures shall meet the requirements of
        subsection 5 of this Section and shall include the
        following in its application:
                A. A description of the change, the emissions
            resulting from the change, and any new applicable
            requirements that will apply if the change occurs.
                B. The source's suggested draft permit.
                C. Certification by a responsible official
            consistent with paragraph (e) of subsection 5 of
            this Section, that the proposed modification meets
            the criteria for use of group processing
            procedures and a request that such procedures be
            used.
                D. A list of the source's other pending
            applications awaiting group processing, and a
            determination of whether the requested
            modification, aggregated with these other
            applications, equals or exceeds the threshold set
            under item (B) of subparagraph (ii) of paragraph
            (b) of this subsection.
                E. Certification, consistent with paragraph
            (e) of subsection 5 of this Section, that the
            source has notified USEPA of the proposed
            modification. Such notification need only contain
            a brief description of the requested modification.
                F. Completed forms for the Agency to use to
            notify USEPA and affected states as required under
            subsections 8 and 9 of this Section.
            iv. On a quarterly basis or within 5 business days
        after receipt of an application demonstrating that the
        aggregate of a source's pending applications equals or
        exceeds the threshold level set forth within item (B)
        of subparagraph (ii) of paragraph (b) of this
        subsection, whichever is earlier, the Agency shall
        promptly notify USEPA and affected States of the
        requested permit modifications in accordance with
        subsections 8 and 9 of this Section. The Agency shall
        send any notice required under paragraph (d) of
        subsection 8 of this Section to USEPA.
            v. The provisions of subparagraph (v) of paragraph
        (a) of this subsection shall apply to modifications
        eligible for group processing, except that the Agency
        shall take one of the actions specified in items (A)
        through (D) of subparagraph (v) of paragraph (a) of
        this subsection within 180 days after receipt of the
        application or 15 days after the end of USEPA's 45-day
        review period under subsection 9 of this Section,
        whichever is later.
            vi. The provisions of subparagraph (vi) of
        paragraph (a) of this subsection shall apply to
        modifications for group processing.
            vii. The provisions of paragraph (j) of subsection
        7 of this Section shall not apply to modifications
        eligible for group processing.
        c. Significant Permit Modifications.
            i. Significant modification procedures shall be
        used for applications requesting significant permit
        modifications and for those applications that do not
        qualify as either minor permit modifications or as
        administrative permit amendments.
            ii. Every significant change in existing
        monitoring permit terms or conditions and every
        relaxation of reporting or recordkeeping requirements
        shall be considered significant. A modification shall
        also be considered significant if in the judgment of
        the Agency action on an application for modification
        would require decisions to be made on technically
        complex issues. Nothing herein shall be construed to
        preclude the permittee from making changes consistent
        with this Section that would render existing permit
        compliance terms and conditions irrelevant.
            iii. Significant permit modifications must meet
        all the requirements of this Section, including those
        for applications (including completeness review),
        public participation, review by affected States, and
        review by USEPA applicable to initial permit issuance
        and permit renewal. The Agency shall take final action
        on significant permit modifications within 9 months
        after receipt of a complete application.
        d. The Agency shall have the authority to adopt
    procedural rules, in accordance with the Illinois
    Administrative Procedure Act, as the Agency deems
    necessary, to implement this subsection.
 
    15. Reopenings for Cause by the Agency.
        a. Each issued CAAPP permit shall include provisions
    specifying the conditions under which the permit will be
    reopened prior to the expiration of the permit. Such
    revisions shall be made as expeditiously as practicable. A
    CAAPP permit shall be reopened and revised under any of the
    following circumstances, in accordance with procedures
    adopted by the Agency:
            i. Additional requirements under the Clean Air Act
        become applicable to a major CAAPP source for which 3
        or more years remain on the original term of the
        permit. Such a reopening shall be completed not later
        than 18 months after the promulgation of the applicable
        requirement. No such revision is required if the
        effective date of the requirement is later than the
        date on which the permit is due to expire.
            ii. Additional requirements (including excess
        emissions requirements) become applicable to an
        affected source for acid deposition under the acid rain
        program. Excess emissions offset plans shall be deemed
        to be incorporated into the permit upon approval by
        USEPA.
            iii. The Agency or USEPA determines that the permit
        contains a material mistake or that inaccurate
        statements were made in establishing the emissions
        standards, limitations, or other terms or conditions
        of the permit.
            iv. The Agency or USEPA determines that the permit
        must be revised or revoked to assure compliance with
        the applicable requirements.
        b. In the event that the Agency determines that there
    are grounds for revoking a CAAPP permit, for cause,
    consistent with paragraph a of this subsection, it shall
    file a petition before the Board setting forth the basis
    for such revocation. In any such proceeding, the Agency
    shall have the burden of establishing that the permit
    should be revoked under the standards set forth in this Act
    and the Clean Air Act. Any such proceeding shall be
    conducted pursuant to the Board's procedures for
    adjudicatory hearings and the Board shall render its
    decision within 120 days of the filing of the petition. The
    Agency shall take final action to revoke and reissue a
    CAAPP permit consistent with the Board's order.
        c. Proceedings regarding a reopened CAAPP permit shall
    follow the same procedures as apply to initial permit
    issuance and shall affect only those parts of the permit
    for which cause to reopen exists.
        d. Reopenings under paragraph (a) of this subsection
    shall not be initiated before a notice of such intent is
    provided to the CAAPP source by the Agency at least 30 days
    in advance of the date that the permit is to be reopened,
    except that the Agency may provide a shorter time period in
    the case of an emergency.
        e. The Agency shall have the authority to adopt
    procedural rules, in accordance with the Illinois
    Administrative Procedure Act, as the Agency deems
    necessary, to implement this subsection.
 
    16. Reopenings for Cause by USEPA.
        a. When USEPA finds that cause exists to terminate,
    modify, or revoke and reissue a CAAPP permit pursuant to
    subsection 15 of this Section, and thereafter notifies the
    Agency and the permittee of such finding in writing, the
    Agency shall forward to USEPA and the permittee a proposed
    determination of termination, modification, or revocation
    and reissuance as appropriate, in accordance with
    paragraph (b) of this subsection. The Agency's proposed
    determination shall be in accordance with the record, the
    Clean Air Act, regulations promulgated thereunder, this
    Act and regulations promulgated thereunder. Such proposed
    determination shall not affect the permit or constitute a
    final permit action for purposes of this Act or the
    Administrative Review Law. The Agency shall forward to
    USEPA such proposed determination within 90 days after
    receipt of the notification from USEPA. If additional time
    is necessary to submit the proposed determination, the
    Agency shall request a 90-day extension from USEPA and
    shall submit the proposed determination within 180 days
    after receipt of notification from USEPA.
            b. i. Prior to the Agency's submittal to USEPA of a
        proposed determination to terminate or revoke and
        reissue the permit, the Agency shall file a petition
        before the Board setting forth USEPA's objection, the
        permit record, the Agency's proposed determination,
        and the justification for its proposed determination.
        The Board shall conduct a hearing pursuant to the rules
        prescribed by Section 32 of this Act, and the burden of
        proof shall be on the Agency.
            ii. After due consideration of the written and oral
        statements, the testimony and arguments that shall be
        submitted at hearing, the Board shall issue and enter
        an interim order for the proposed determination, which
        shall set forth all changes, if any, required in the
        Agency's proposed determination. The interim order
        shall comply with the requirements for final orders as
        set forth in Section 33 of this Act. Issuance of an
        interim order by the Board under this paragraph,
        however, shall not affect the permit status and does
        not constitute a final action for purposes of this Act
        or the Administrative Review Law.
            iii. The Board shall cause a copy of its interim
        order to be served upon all parties to the proceeding
        as well as upon USEPA. The Agency shall submit the
        proposed determination to USEPA in accordance with the
        Board's Interim Order within 180 days after receipt of
        the notification from USEPA.
        c. USEPA shall review the proposed determination to
    terminate, modify, or revoke and reissue the permit within
    90 days after receipt.
            i. When USEPA reviews the proposed determination
        to terminate or revoke and reissue and does not object,
        the Board shall, within 7 days after receipt of USEPA's
        final approval, enter the interim order as a final
        order. The final order may be appealed as provided by
        Title XI of this Act. The Agency shall take final
        action in accordance with the Board's final order.
            ii. When USEPA reviews such proposed determination
        to terminate or revoke and reissue and objects, the
        Agency shall submit USEPA's objection and the Agency's
        comments and recommendation on the objection to the
        Board and permittee. The Board shall review its interim
        order in response to USEPA's objection and the Agency's
        comments and recommendation and issue a final order in
        accordance with Sections 32 and 33 of this Act. The
        Agency shall, within 90 days after receipt of such
        objection, respond to USEPA's objection in accordance
        with the Board's final order.
            iii. When USEPA reviews such proposed
        determination to modify and objects, the Agency shall,
        within 90 days after receipt of the objection, resolve
        the objection and modify the permit in accordance with
        USEPA's objection, based upon the record, the Clean Air
        Act, regulations promulgated thereunder, this Act, and
        regulations promulgated thereunder.
        d. If the Agency fails to submit the proposed
    determination pursuant to paragraph a of this subsection or
    fails to resolve any USEPA objection pursuant to paragraph
    c of this subsection, USEPA will terminate, modify, or
    revoke and reissue the permit.
        e. The Agency shall have the authority to adopt
    procedural rules, in accordance with the Illinois
    Administrative Procedure Act, as the Agency deems
    necessary, to implement this subsection.
 
    17. Title IV; Acid Rain Provisions.
        a. The Agency shall act on initial CAAPP applications
    for affected sources for acid deposition in accordance with
    this Section and Title V of the Clean Air Act and
    regulations promulgated thereunder, except as modified by
    Title IV of the Clean Air Act and regulations promulgated
    thereunder. The Agency shall issue initial CAAPP permits to
    the affected sources for acid deposition which shall become
    effective no earlier than January 1, 1995, and which shall
    terminate on December 31, 1999, in accordance with this
    Section. Subsequent CAAPP permits issued to affected
    sources for acid deposition shall be issued for a fixed
    term of 5 years. Title IV of the Clean Air Act and
    regulations promulgated thereunder, including but not
    limited to 40 C.F.R. Part 72, as now or hereafter amended,
    are applicable to and enforceable under this Act.
        b. A designated representative of an affected source
    for acid deposition shall submit a timely and complete
    Phase II acid rain permit application and compliance plan
    to the Agency, not later than January 1, 1996, that meets
    the requirements of Titles IV and V of the Clean Air Act
    and regulations. The Agency shall act on the Phase II acid
    rain permit application and compliance plan in accordance
    with this Section and Title V of the Clean Air Act and
    regulations promulgated thereunder, except as modified by
    Title IV of the Clean Air Act and regulations promulgated
    thereunder. The Agency shall issue the Phase II acid rain
    permit to an affected source for acid deposition no later
    than December 31, 1997, which shall become effective on
    January 1, 2000, in accordance with this Section, except as
    modified by Title IV and regulations promulgated
    thereunder; provided that the designated representative of
    the source submitted a timely and complete Phase II permit
    application and compliance plan to the Agency that meets
    the requirements of Title IV and V of the Clean Air Act and
    regulations.
        c. Each Phase II acid rain permit issued in accordance
    with this subsection shall have a fixed term of 5 years.
    Except as provided in paragraph b above, the Agency shall
    issue or deny a Phase II acid rain permit within 18 months
    of receiving a complete Phase II permit application and
    compliance plan.
        d. A designated representative of a new unit, as
    defined in Section 402 of the Clean Air Act, shall submit a
    timely and complete Phase II acid rain permit application
    and compliance plan that meets the requirements of Titles
    IV and V of the Clean Air Act and its regulations. The
    Agency shall act on the new unit's Phase II acid rain
    permit application and compliance plan in accordance with
    this Section and Title V of the Clean Air Act and its
    regulations, except as modified by Title IV of the Clean
    Air Act and its regulations. The Agency shall reopen the
    new unit's CAAPP permit for cause to incorporate the
    approved Phase II acid rain permit in accordance with this
    Section. The Phase II acid rain permit for the new unit
    shall become effective no later than the date required
    under Title IV of the Clean Air Act and its regulations.
        e. A designated representative of an affected source
    for acid deposition shall submit a timely and complete
    Title IV NOx permit application to the Agency, not later
    than January 1, 1998, that meets the requirements of Titles
    IV and V of the Clean Air Act and its regulations. The
    Agency shall reopen the Phase II acid rain permit for cause
    and incorporate the approved NOx provisions into the Phase
    II acid rain permit not later than January 1, 1999, in
    accordance with this Section, except as modified by Title
    IV of the Clean Air Act and regulations promulgated
    thereunder. Such reopening shall not affect the term of the
    Phase II acid rain permit.
        f. The designated representative of the affected
    source for acid deposition shall renew the initial CAAPP
    permit and Phase II acid rain permit in accordance with
    this Section and Title V of the Clean Air Act and
    regulations promulgated thereunder, except as modified by
    Title IV of the Clean Air Act and regulations promulgated
    thereunder.
        g. In the case of an affected source for acid
    deposition for which a complete Phase II acid rain permit
    application and compliance plan are timely received under
    this subsection, the complete permit application and
    compliance plan, including amendments thereto, shall be
    binding on the owner, operator and designated
    representative, all affected units for acid deposition at
    the affected source, and any other unit, as defined in
    Section 402 of the Clean Air Act, governed by the Phase II
    acid rain permit application and shall be enforceable as an
    acid rain permit for purposes of Titles IV and V of the
    Clean Air Act, from the date of submission of the acid rain
    permit application until a Phase II acid rain permit is
    issued or denied by the Agency.
        h. The Agency shall not include or implement any
    measure which would interfere with or modify the
    requirements of Title IV of the Clean Air Act or
    regulations promulgated thereunder.
        i. Nothing in this Section shall be construed as
    affecting allowances or USEPA's decision regarding an
    excess emissions offset plan, as set forth in Title IV of
    the Clean Air Act or regulations promulgated thereunder.
            i. No permit revision shall be required for
        increases in emissions that are authorized by
        allowances acquired pursuant to the acid rain program,
        provided that such increases do not require a permit
        revision under any other applicable requirement.
            ii. No limit shall be placed on the number of
        allowances held by the source. The source may not,
        however, use allowances as a defense to noncompliance
        with any other applicable requirement.
            iii. Any such allowance shall be accounted for
        according to the procedures established in regulations
        promulgated under Title IV of the Clean Air Act.
        j. To the extent that the federal regulations
    promulgated under Title IV, including but not limited to 40
    C.F.R. Part 72, as now or hereafter amended, are
    inconsistent with the federal regulations promulgated
    under Title V, the federal regulations promulgated under
    Title IV shall take precedence.
        k. The USEPA may intervene as a matter of right in any
    permit appeal involving a Phase II acid rain permit
    provision or denial of a Phase II acid rain permit.
        l. It is unlawful for any owner or operator to violate
    any terms or conditions of a Phase II acid rain permit
    issued under this subsection, to operate any affected
    source for acid deposition except in compliance with a
    Phase II acid rain permit issued by the Agency under this
    subsection, or to violate any other applicable
    requirements.
        m. The designated representative of an affected source
    for acid deposition shall submit to the Agency the data and
    information submitted quarterly to USEPA, pursuant to 40
    CFR 75.64, concurrently with the submission to USEPA. The
    submission shall be in the same electronic format as
    specified by USEPA.
        n. The Agency shall act on any petition for exemption
    of a new unit or retired unit, as those terms are defined
    in Section 402 of the Clean Air Act, from the requirements
    of the acid rain program in accordance with Title IV of the
    Clean Air Act and its regulations.
        o. The Agency shall have the authority to adopt
    procedural rules, in accordance with the Illinois
    Administrative Procedure Act, as the Agency deems
    necessary to implement this subsection.
 
    18. Fee Provisions.
        a. A source subject to this Section or excluded under
    subsection 1.1 or paragraph (c) of subsection 3 of this
    Section, shall pay a fee as provided in this paragraph (a)
    of subsection 18. However, a source that has been excluded
    from the provisions of this Section under subsection 1.1 or
    under paragraph (c) of subsection 3 of this Section because
    the source emits less than 25 tons per year of any
    combination of regulated air pollutants, except greenhouse
    gases, shall pay fees in accordance with paragraph (1) of
    subsection (b) of Section 9.6.
            i. The fee for a source allowed to emit less than
        100 tons per year of any combination of regulated air
        pollutants, except greenhouse gases, shall be $1,800
        per year, and that fee shall increase, beginning
        January 1, 2012, to $2,150 per year.
            ii. The fee for a source allowed to emit 100 tons
        or more per year of any combination of regulated air
        pollutants, except greenhouse gases and those
        regulated air pollutants excluded in paragraph (f) of
        this subsection 18, shall be as follows:
                A. The Agency shall assess a fee of $18 per
            ton, per year for the allowable emissions of
            regulated air pollutants subject to this
            subparagraph (ii) of paragraph (a) of subsection
            18, and that fee shall increase, beginning January
            1, 2012, to $21.50 per ton, per year. These fees
            shall be used by the Agency and the Board to fund
            the activities required by Title V of the Clean Air
            Act including such activities as may be carried out
            by other State or local agencies pursuant to
            paragraph (d) of this subsection. The amount of
            such fee shall be based on the information supplied
            by the applicant in its complete CAAPP permit
            application or in the CAAPP permit if the permit
            has been granted and shall be determined by the
            amount of emissions that the source is allowed to
            emit annually, provided however, that the maximum
            fee for a CAAPP permit under this subparagraph (ii)
            of paragraph (a) of subsection 18 is $250,000, and
            increases, beginning January 1, 2012, to $294,000.
            Beginning January 1, 2012, the maximum fee under
            this subparagraph (ii) of paragraph (a) of
            subsection 18 for a source that has been excluded
            under subsection 1.1 of this Section or under
            paragraph (c) of subsection 3 of this Section is
            $4,112. The Agency shall provide as part of the
            permit application form required under subsection
            5 of this Section a separate fee calculation form
            which will allow the applicant to identify the
            allowable emissions and calculate the fee. In no
            event shall the Agency raise the amount of
            allowable emissions requested by the applicant
            unless such increases are required to demonstrate
            compliance with terms of a CAAPP permit.
                Notwithstanding the above, any applicant may
            seek a change in its permit which would result in
            increases in allowable emissions due to an
            increase in the hours of operation or production
            rates of an emission unit or units and such a
            change shall be consistent with the construction
            permit requirements of the existing State permit
            program, under subsection (a) of Section 39 of this
            Act and applicable provisions of this Section.
            Where a construction permit is required, the
            Agency shall expeditiously grant such construction
            permit and shall, if necessary, modify the CAAPP
            permit based on the same application.
                B. The applicant or permittee may pay the fee
            annually or semiannually for those fees greater
            than $5,000. However, any applicant paying a fee
            equal to or greater than $100,000 shall pay the
            full amount on July 1, for the subsequent fiscal
            year, or pay 50% of the fee on July 1 and the
            remaining 50% by the next January 1. The Agency may
            change any annual billing date upon reasonable
            notice, but shall prorate the new bill so that the
            permittee or applicant does not pay more than its
            required fees for the fee period for which payment
            is made.
        b. (Blank).
        c. (Blank).
        d. There is hereby created in the State Treasury a
    special fund to be known as the Clean Air Act Permit Fund
    (formerly known as the "CAA Permit Fund) ". All Funds
    collected by the Agency pursuant to this subsection shall
    be deposited into the Fund. The General Assembly shall
    appropriate monies from this Fund to the Agency and to the
    Board to carry out their obligations under this Section.
    The General Assembly may also authorize monies to be
    granted by the Agency from this Fund to other State and
    local agencies which perform duties related to the CAAPP.
    Interest generated on the monies deposited in this Fund
    shall be returned to the Fund.
        e. The Agency shall have the authority to adopt
    procedural rules, in accordance with the Illinois
    Administrative Procedure Act, as the Agency deems
    necessary to implement this subsection.
        f. For purposes of this subsection, the term "regulated
    air pollutant" shall have the meaning given to it under
    subsection 1 of this Section but shall exclude the
    following:
            i. carbon monoxide;
            ii. any Class I or II substance which is a
        regulated air pollutant solely because it is listed
        pursuant to Section 602 of the Clean Air Act; and
            iii. any pollutant that is a regulated air
        pollutant solely because it is subject to a standard or
        regulation under Section 112(r) of the Clean Air Act
        based on the emissions allowed in the permit effective
        in that calendar year, at the time the applicable bill
        is generated.
 
    19. Air Toxics Provisions.
        a. In the event that the USEPA fails to promulgate in a
    timely manner a standard pursuant to Section 112(d) of the
    Clean Air Act, the Agency shall have the authority to issue
    permits, pursuant to Section 112(j) of the Clean Air Act
    and regulations promulgated thereunder, which contain
    emission limitations which are equivalent to the emission
    limitations that would apply to a source if an emission
    standard had been promulgated in a timely manner by USEPA
    pursuant to Section 112(d). Provided, however, that the
    owner or operator of a source shall have the opportunity to
    submit to the Agency a proposed emission limitation which
    it determines to be equivalent to the emission limitations
    that would apply to such source if an emission standard had
    been promulgated in a timely manner by USEPA. If the Agency
    refuses to include the emission limitation proposed by the
    owner or operator in a CAAPP permit, the owner or operator
    may petition the Board to establish whether the emission
    limitation proposal submitted by the owner or operator
    provides for emission limitations which are equivalent to
    the emission limitations that would apply to the source if
    the emission standard had been promulgated by USEPA in a
    timely manner. The Board shall determine whether the
    emission limitation proposed by the owner or operator or an
    alternative emission limitation proposed by the Agency
    provides for the level of control required under Section
    112 of the Clean Air Act, or shall otherwise establish an
    appropriate emission limitation, pursuant to Section 112
    of the Clean Air Act.
        b. Any Board proceeding brought under paragraph (a) or
    (e) of this subsection shall be conducted according to the
    Board's procedures for adjudicatory hearings and the Board
    shall render its decision within 120 days of the filing of
    the petition. Any such decision shall be subject to review
    pursuant to Section 41 of this Act. Where USEPA promulgates
    an applicable emission standard prior to the issuance of
    the CAAPP permit, the Agency shall include in the permit
    the promulgated standard, provided that the source shall
    have the compliance period provided under Section 112(i) of
    the Clean Air Act. Where USEPA promulgates an applicable
    standard subsequent to the issuance of the CAAPP permit,
    the Agency shall revise such permit upon the next renewal
    to reflect the promulgated standard, providing a
    reasonable time for the applicable source to comply with
    the standard, but no longer than 8 years after the date on
    which the source is first required to comply with the
    emissions limitation established under this subsection.
        c. The Agency shall have the authority to implement and
    enforce complete or partial emission standards promulgated
    by USEPA pursuant to Section 112(d), and standards
    promulgated by USEPA pursuant to Sections 112(f), 112(h),
    112(m), and 112(n), and may accept delegation of authority
    from USEPA to implement and enforce Section 112(l) and
    requirements for the prevention and detection of
    accidental releases pursuant to Section 112(r) of the Clean
    Air Act.
        d. The Agency shall have the authority to issue permits
    pursuant to Section 112(i)(5) of the Clean Air Act.
        e. The Agency has the authority to implement Section
    112(g) of the Clean Air Act consistent with the Clean Air
    Act and federal regulations promulgated thereunder. If the
    Agency refuses to include the emission limitations
    proposed in an application submitted by an owner or
    operator for a case-by-case maximum achievable control
    technology (MACT) determination, the owner or operator may
    petition the Board to determine whether the emission
    limitation proposed by the owner or operator or an
    alternative emission limitation proposed by the Agency
    provides for a level of control required by Section 112 of
    the Clean Air Act, or to otherwise establish an appropriate
    emission limitation under Section 112 of the Clean Air Act.
 
    20. Small Business.
        a. For purposes of this subsection:
        "Program" is the Small Business Stationary Source
    Technical and Environmental Compliance Assistance Program
    created within this State pursuant to Section 507 of the
    Clean Air Act and guidance promulgated thereunder, to
    provide technical assistance and compliance information to
    small business stationary sources;
        "Small Business Assistance Program" is a component of
    the Program responsible for providing sufficient
    communications with small businesses through the
    collection and dissemination of information to small
    business stationary sources; and
        "Small Business Stationary Source" means a stationary
    source that:
            1. is owned or operated by a person that employs
        100 or fewer individuals;
            2. is a small business concern as defined in the
        "Small Business Act";
            3. is not a major source as that term is defined in
        subsection 2 of this Section;
            4. does not emit 50 tons or more per year of any
        regulated air pollutant, except greenhouse gases; and
            5. emits less than 75 tons per year of all
        regulated pollutants, except greenhouse gases.
        b. The Agency shall adopt and submit to USEPA, after
    reasonable notice and opportunity for public comment, as a
    revision to the Illinois state implementation plan, plans
    for establishing the Program.
        c. The Agency shall have the authority to enter into
    such contracts and agreements as the Agency deems necessary
    to carry out the purposes of this subsection.
        d. The Agency may establish such procedures as it may
    deem necessary for the purposes of implementing and
    executing its responsibilities under this subsection.
        e. There shall be appointed a Small Business Ombudsman
    (hereinafter in this subsection referred to as
    "Ombudsman") to monitor the Small Business Assistance
    Program. The Ombudsman shall be a nonpartisan designated
    official, with the ability to independently assess whether
    the goals of the Program are being met.
        f. The State Ombudsman Office shall be located in an
    existing Ombudsman office within the State or in any State
    Department.
        g. There is hereby created a State Compliance Advisory
    Panel (hereinafter in this subsection referred to as
    "Panel") for determining the overall effectiveness of the
    Small Business Assistance Program within this State.
        h. The selection of Panel members shall be by the
    following method:
            1. The Governor shall select two members who are
        not owners or representatives of owners of small
        business stationary sources to represent the general
        public;
            2. The Director of the Agency shall select one
        member to represent the Agency; and
            3. The State Legislature shall select four members
        who are owners or representatives of owners of small
        business stationary sources. Both the majority and
        minority leadership in both Houses of the Legislature
        shall appoint one member of the panel.
        i. Panel members should serve without compensation but
    will receive full reimbursement for expenses including
    travel and per diem as authorized within this State.
        j. The Panel shall select its own Chair by a majority
    vote. The Chair may meet and consult with the Ombudsman and
    the head of the Small Business Assistance Program in
    planning the activities for the Panel.
 
    21. Temporary Sources.
        a. The Agency may issue a single permit authorizing
    emissions from similar operations by the same source owner
    or operator at multiple temporary locations, except for
    sources which are affected sources for acid deposition
    under Title IV of the Clean Air Act.
        b. The applicant must demonstrate that the operation is
    temporary and will involve at least one change of location
    during the term of the permit.
        c. Any such permit shall meet all applicable
    requirements of this Section and applicable regulations,
    and include conditions assuring compliance with all
    applicable requirements at all authorized locations and
    requirements that the owner or operator notify the Agency
    at least 10 days in advance of each change in location.
 
    22. Solid Waste Incineration Units.
        a. A CAAPP permit for a solid waste incineration unit
    combusting municipal waste subject to standards
    promulgated under Section 129(e) of the Clean Air Act shall
    be issued for a period of 12 years and shall be reviewed
    every 5 years, unless the Agency requires more frequent
    review through Agency procedures.
        b. During the review in paragraph (a) of this
    subsection, the Agency shall fully review the previously
    submitted CAAPP permit application and corresponding
    reports subsequently submitted to determine whether the
    source is in compliance with all applicable requirements.
        c. If the Agency determines that the source is not in
    compliance with all applicable requirements it shall
    revise the CAAPP permit as appropriate.
        d. The Agency shall have the authority to adopt
    procedural rules, in accordance with the Illinois
    Administrative Procedure Act, as the Agency deems
    necessary, to implement this subsection.
(Source: P.A. 99-380, eff. 8-17-15.)
 
    (430 ILCS 55/4 rep.)
    Section 5-155. The Hazardous Material Emergency Response
Reimbursement Act is amended by repealing Section 4.
 
    Section 5-160. The Illinois Public Health and Safety Animal
Population Control Act is amended by changing Section 45 as
follows:
 
    (510 ILCS 92/45)
    Sec. 45. Pet Population Control Fund. The Pet Population
Control Fund is established as a special fund in the State
treasury. The moneys generated from the public safety fines
collected as provided in the Animal Control Act, from Pet
Friendly license plates under Section 3-653 of the Illinois
Vehicle Code, from Section 507EE of the Illinois Income Tax
Act, and from voluntary contributions must be kept in the Fund
and shall be used only to sterilize and vaccinate dogs and cats
in this State pursuant to the program, to promote the
sterilization program, to educate the public about the
importance of spaying and neutering, and for reasonable
administrative and personnel costs related to the Fund.
(Source: P.A. 94-639, eff. 8-22-05.)
 
    (605 ILCS 5/10-102.1 rep.)
    Section 5-165. The Illinois Highway Code is amended by
repealing Section 10-102.1.
 
    Section 5-170. The Unified Code of Corrections is amended
by changing Section 5-9-1.16 as follows:
 
    (730 ILCS 5/5-9-1.16)
    Sec. 5-9-1.16. Protective order violation fees.
    (a) There shall be added to every penalty imposed in
sentencing for a violation of an order of protection under
Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the
Criminal Code of 2012 an additional fee to be set in an amount
not less than $200 to be imposed upon a plea of guilty or
finding of guilty resulting in a judgment of conviction.
    (b) Such additional amount shall be assessed by the court
imposing sentence and shall be collected by the Circuit Clerk
in addition to the fine, if any, and costs in the case to be
used by the supervising authority in implementing the domestic
violence surveillance program. 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 Probations Officers
Act.
    (c) The supervising authority of a domestic violence
surveillance program under Section 5-8A-7 of this Act shall
assess a person either convicted of, or charged with, the
violation of an order of protection an additional fee to cover
the costs of providing the equipment used and the additional
supervision needed for such domestic violence surveillance
program. If the court finds that the fee would impose an undue
burden on the victim, the court may reduce or waive the fee.
The court shall order that the defendant may not use funds
belonging solely to the victim of the offense for payment of
the fee.
    When the supervising authority is the court or the
probation and court services department, the fee shall be
collected by the circuit court clerk. The clerk of the circuit
court shall pay all monies collected from this fee and all
other required probation fees that are assessed to the county
treasurer for deposit in the probation and court services fund
under Section 15.1 of the Probation and Probations Officers
Act. In counties with a population of 2 million or more, when
the supervising authority is the court or the probation and
court services department, the fee shall be collected by the
supervising authority. In these counties, the supervising
authority shall pay all monies collected from this fee and all
other required probation fees that are assessed, to the county
treasurer for deposit in the probation and court services fund
under Section 15.1 of the Probation and Probation Officers Act.
    When the supervising authority is the Department of
Corrections, the Department shall collect the fee for deposit
into the Illinois Department of Corrections Reimbursement and
Education Fund "fund". The Circuit Clerk shall retain 10% of
such penalty and deposit that percentage into the Circuit Court
Clerk Operation and Administrative Fund to cover the costs
incurred in administering and enforcing this Section.
    (d) (Blank).
    (e) (Blank).
(Source: P.A. 96-688, eff. 8-25-09; 96-1551, eff. 7-1-11;
97-1150, eff. 1-25-13.)
 
    (820 ILCS 50/Act rep.)
    Section 5-175. The Workplace Literacy Act is repealed.
 
ARTICLE 15.
FUND-RELATED PROVISIONS

 
    Section 15-5. The Children and Family Services Act is
amended by changing Sections 5b and 34.10 as follows:
 
    (20 ILCS 505/5b)  (from Ch. 23, par. 5005b)
    Sec. 5b. Child Care and Development Fund; Department of
Human Services.
    (a) Until October 1, 1998: The Child Care and Development
Fund is hereby created as a special fund in the State treasury.
Deposits to this fund shall consist of receipts from the
federal government under the Child Care and Development Block
Grant Program. Disbursements from the Child Care and
Development Fund shall be made by the Department of Human
Services in accordance with the guidelines established by the
federal government for the Child Care and Development Block
Grant Program, subject to appropriation by the General
Assembly.
    (b) The Child Care and Development Fund is abolished on
October 1, 1998, and any balance remaining in the Fund on that
date shall be transferred to the Special Purposes Trust Fund
(now known as the DHS Special Purposes Trust Fund) described in
Section 12-10 of the Illinois Public Aid Code.
(Source: P.A. 89-507, eff. 7-1-97; 90-587, eff. 7-1-98.)
 
    (20 ILCS 505/34.10)  (from Ch. 23, par. 5034.10)
    Sec. 34.10. Home child care demonstration project;
conversion and renovation grants; Department of Human
Services.
    (a) The legislature finds that the demand for quality child
care far outweighs the number of safe, quality spaces for our
children. The purpose of this Section is to increase the number
of child care providers by:
        (1) developing a demonstration project to train
    individuals to become home child care providers who are
    able to establish and operate their own child care
    facility; and
        (2) providing grants to convert and renovate existing
    facilities.
    (b) The Department of Human Services may from
appropriations from the Child Care Development Block Grant
establish a demonstration project to train individuals to
become home child care providers who are able to establish and
operate their own home-based child care facilities. The
Department of Human Services is authorized to use funds for
this purpose from the child care and development funds
deposited into the DHS Special Purposes Trust Fund as described
in Section 12-10 of the Illinois Public Aid Code and, until
October 1, 1998, the Child Care and Development Fund created by
the 87th General Assembly. As an economic development program,
the project's focus is to foster individual self-sufficiency
through an entrepreneurial approach by the creation of new jobs
and opening of new small home-based child care businesses. The
demonstration project shall involve coordination among State
and county governments and the private sector, including but
not limited to: the community college system, the Departments
of Labor and Commerce and Economic Opportunity, the State Board
of Education, large and small private businesses, nonprofit
programs, unions, and child care providers in the State.
    The Department shall submit:
        (1) a progress report on the demonstration project to
    the legislature by one year after the effective date of
    this amendatory Act of 1991; and
        (2) a final evaluation report on the demonstration
    project, including findings and recommendations, to the
    legislature by one year after the due date of the progress
    report.
    (c) The Department of Human Services may from
appropriations from the Child Care Development Block Grant
provide grants to family child care providers and center based
programs to convert and renovate existing facilities, to the
extent permitted by federal law, so additional family child
care homes and child care centers can be located in such
facilities.
        (1) Applications for grants shall be made to the
    Department and shall contain information as the Department
    shall require by rule. Every applicant shall provide
    assurance to the Department that:
            (A) the facility to be renovated or improved shall
        be used as family child care home or child care center
        for a continuous period of at least 5 years;
            (B) any family child care home or child care center
        program located in a renovated or improved facility
        shall be licensed by the Department;
            (C) the program shall comply with applicable
        federal and State laws prohibiting discrimination
        against any person on the basis of race, color,
        national origin, religion, creed, or sex;
            (D) the grant shall not be used for purposes of
        entertainment or perquisites;
            (E) the applicant shall comply with any other
        requirement the Department may prescribe to ensure
        adherence to applicable federal, State, and county
        laws;
            (F) all renovations and improvements undertaken
        with funds received under this Section shall comply
        with all applicable State and county statutes and
        ordinances including applicable building codes and
        structural requirements of the Department; and
            (G) the applicant shall indemnify and save
        harmless the State and its officers, agents, and
        employees from and against any and all claims arising
        out of or resulting from the renovation and
        improvements made with funds provided by this Section,
        and, upon request of the Department, the applicant
        shall procure sufficient insurance to provide that
        indemnification.
        (2) To receive a grant under this Section to convert an
    existing facility into a family child care home or child
    care center facility, the applicant shall:
            (A) agree to make available to the Department of
        Human Services all records it may have relating to the
        operation of any family child care home and child care
        center facility, and to allow State agencies to monitor
        its compliance with the purpose of this Section;
            (B) agree that, if the facility is to be altered or
        improved, or is to be used by other groups, moneys
        appropriated by this Section shall be used for
        renovating or improving the facility only to the
        proportionate extent that the floor space will be used
        by the child care program; and
            (C) establish, to the satisfaction of the
        Department that sufficient funds are available for the
        effective use of the facility for the purpose for which
        it is being renovated or improved.
        (3) In selecting applicants for funding, the
    Department shall make every effort to ensure that family
    child care home or child care center facilities are
    equitably distributed throughout the State according to
    demographic need. The Department shall give priority
    consideration to rural/Downstate areas of the State that
    are currently experiencing a shortage of child care
    services.
        (4) In considering applications for grants to renovate
    or improve an existing facility used for the operations of
    a family child care home or child care center, the
    Department shall give preference to applications to
    renovate facilities most in need of repair to address
    safety and habitability concerns. No grant shall be
    disbursed unless an agreement is entered into between the
    applicant and the State, by and through the Department. The
    agreement shall include the assurances and conditions
    required by this Section and any other terms which the
    Department may require.
(Source: P.A. 94-793, eff. 5-19-06.)
 
    Section 15-10. The State Finance Act is amended by
reenacting Sections 5.98, 5.136, 5.137, 5.189, 5.327, and 5.488
and by changing Sections 8g and 8h as follows:
 
    (30 ILCS 105/5.98)
    Sec. 5.98. The Real Estate License Administration Fund.
(Source: P.A. 83-191. Repealed by P.A. 85-1440.)
 
    (30 ILCS 105/5.136)
    Sec. 5.136. The Low-Level Radioactive Waste Facility
Development and Operation Fund.
(Source: P.A. 83-1362. Repealed by P.A. 85-1440.)
 
    (30 ILCS 105/5.137)
    Sec. 5.137. The Low-Level Radioactive Waste Facility
Closure, Post-Closure Care and Compensation Fund.
(Source: P.A. 83-1362. Repealed by P.A. 85-1440.)
 
    (30 ILCS 105/5.189)
    Sec. 5.189. The International and Promotional Fund.
(Source: P.A. 84-1308. Repealed by P.A. 85-1440.)
 
    (30 ILCS 105/5.327)
    Sec. 5.327. The Hospital Provider Fund.
(Source: P.A. 88-45. Repealed by P.A. 95-331, eff. 8-21-07.)
 
    (30 ILCS 105/5.488)
    Sec. 5.488. The Port Development Revolving Loan Fund.
(Source: P.A. 91-357, eff. 7-29-99. Repealed by P.A. 95-331,
eff. 8-21-07.)
 
    (30 ILCS 105/8g)
    Sec. 8g. Fund transfers.
    (a) In addition to any other transfers that may be provided
for by law, as soon as may be practical after the effective
date of this amendatory Act of the 91st General Assembly, the
State Comptroller shall direct and the State Treasurer shall
transfer the sum of $10,000,000 from the General Revenue Fund
to the Motor Vehicle License Plate Fund created by Senate Bill
1028 of the 91st General Assembly.
    (b) In addition to any other transfers that may be provided
for by law, as soon as may be practical after the effective
date of this amendatory Act of the 91st General Assembly, the
State Comptroller shall direct and the State Treasurer shall
transfer the sum of $25,000,000 from the General Revenue Fund
to the Fund for Illinois' Future created by Senate Bill 1066 of
the 91st General Assembly.
    (c) In addition to any other transfers that may be provided
for by law, on August 30 of each fiscal year's license period,
the Illinois Liquor Control Commission shall direct and the
State Comptroller and State Treasurer shall transfer from the
General Revenue Fund to the Youth Alcoholism and Substance
Abuse Prevention Fund an amount equal to the number of retail
liquor licenses issued for that fiscal year multiplied by $50.
    (d) The payments to programs required under subsection (d)
of Section 28.1 of the Illinois Horse Racing Act of 1975 shall
be made, pursuant to appropriation, from the special funds
referred to in the statutes cited in that subsection, rather
than directly from the General Revenue Fund.
    Beginning January 1, 2000, on the first day of each month,
or as soon as may be practical thereafter, the State
Comptroller shall direct and the State Treasurer shall transfer
from the General Revenue Fund to each of the special funds from
which payments are to be made under subsection (d) of Section
28.1 Section 28.1(d) of the Illinois Horse Racing Act of 1975
an amount equal to 1/12 of the annual amount required for those
payments from that special fund, which annual amount shall not
exceed the annual amount for those payments from that special
fund for the calendar year 1998. The special funds to which
transfers shall be made under this subsection (d) include, but
are not necessarily limited to, the Agricultural Premium Fund;
the Metropolitan Exposition, Auditorium and Office Building
Fund; the Fair and Exposition Fund; the Illinois Standardbred
Breeders Fund; the Illinois Thoroughbred Breeders Fund; and the
Illinois Veterans' Rehabilitation Fund.
    (e) In addition to any other transfers that may be provided
for by law, as soon as may be practical after the effective
date of this amendatory Act of the 91st General Assembly, but
in no event later than June 30, 2000, the State Comptroller
shall direct and the State Treasurer shall transfer the sum of
$15,000,000 from the General Revenue Fund to the Fund for
Illinois' Future.
    (f) In addition to any other transfers that may be provided
for by law, as soon as may be practical after the effective
date of this amendatory Act of the 91st General Assembly, but
in no event later than June 30, 2000, the State Comptroller
shall direct and the State Treasurer shall transfer the sum of
$70,000,000 from the General Revenue Fund to the Long-Term Care
Provider Fund.
    (f-1) In fiscal year 2002, in addition to any other
transfers that may be provided for by law, at the direction of
and upon notification from the Governor, the State Comptroller
shall direct and the State Treasurer shall transfer amounts not
exceeding a total of $160,000,000 from the General Revenue Fund
to the Long-Term Care Provider Fund.
    (g) In addition to any other transfers that may be provided
for by law, on July 1, 2001, or as soon thereafter as may be
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,200,000 from the General
Revenue Fund to the Violence Prevention Fund.
    (h) In each of fiscal years 2002 through 2004, but not
thereafter, in addition to any other transfers that may be
provided for by law, the State Comptroller shall direct and the
State Treasurer shall transfer $5,000,000 from the General
Revenue Fund to the Tourism Promotion Fund.
    (i) On or after July 1, 2001 and until May 1, 2002, in
addition to any other transfers that may be provided for by
law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
re-transferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2002.
    (i-1) On or after July 1, 2002 and until May 1, 2003, in
addition to any other transfers that may be provided for by
law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
re-transferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2003.
    (j) On or after July 1, 2001 and no later than June 30,
2002, in addition to any other transfers that may be provided
for by law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not to exceed the following
sums into the Statistical Services Revolving Fund:
    From the General Revenue Fund.................$8,450,000
    From the Public Utility Fund..................1,700,000
    From the Transportation Regulatory Fund.......2,650,000
    From the Title III Social Security and
     Employment Fund..............................3,700,000
    From the Professions Indirect Cost Fund.......4,050,000
    From the Underground Storage Tank Fund........550,000
    From the Agricultural Premium Fund............750,000
    From the State Pensions Fund..................200,000
    From the Road Fund............................2,000,000
    From the Health Facilities
     Planning Fund................................1,000,000
    From the Savings and Residential Finance
     Regulatory Fund..............................130,800
    From the Appraisal Administration Fund........28,600
    From the Pawnbroker Regulation Fund...........3,600
    From the Auction Regulation
     Administration Fund..........................35,800
    From the Bank and Trust Company Fund..........634,800
    From the Real Estate License
     Administration Fund..........................313,600
    (k) In addition to any other transfers that may be provided
for by law, as soon as may be practical after the effective
date of this amendatory Act of the 92nd General Assembly, the
State Comptroller shall direct and the State Treasurer shall
transfer the sum of $2,000,000 from the General Revenue Fund to
the Teachers Health Insurance Security Fund.
    (k-1) In addition to any other transfers that may be
provided for by law, on July 1, 2002, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $2,000,000 from
the General Revenue Fund to the Teachers Health Insurance
Security Fund.
    (k-2) In addition to any other transfers that may be
provided for by law, on July 1, 2003, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $2,000,000 from
the General Revenue Fund to the Teachers Health Insurance
Security Fund.
    (k-3) On or after July 1, 2002 and no later than June 30,
2003, in addition to any other transfers that may be provided
for by law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not to exceed the following
sums into the Statistical Services Revolving Fund:
    Appraisal Administration Fund.................$150,000
    General Revenue Fund..........................10,440,000
    Savings and Residential Finance
        Regulatory Fund...........................200,000
    State Pensions Fund...........................100,000
    Bank and Trust Company Fund...................100,000
    Professions Indirect Cost Fund................3,400,000
    Public Utility Fund...........................2,081,200
    Real Estate License Administration Fund.......150,000
    Title III Social Security and
        Employment Fund...........................1,000,000
    Transportation Regulatory Fund................3,052,100
    Underground Storage Tank Fund.................50,000
    (l) In addition to any other transfers that may be provided
for by law, on July 1, 2002, or as soon as may be practical
thereafter, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $3,000,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
    (m) In addition to any other transfers that may be provided
for by law, on July 1, 2002 and on the effective date of this
amendatory Act of the 93rd General Assembly, or as soon
thereafter as may be practical, the State Comptroller shall
direct and the State Treasurer shall transfer the sum of
$1,200,000 from the General Revenue Fund to the Violence
Prevention Fund.
    (n) In addition to any other transfers that may be provided
for by law, on July 1, 2003, or as soon thereafter as may be
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $6,800,000 from the General
Revenue Fund to the DHS Recoveries Trust Fund.
    (o) On or after July 1, 2003, and no later than June 30,
2004, in addition to any other transfers that may be provided
for by law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not to exceed the following
sums into the Vehicle Inspection Fund:
    From the Underground Storage Tank Fund .......$35,000,000.
    (p) On or after July 1, 2003 and until May 1, 2004, in
addition to any other transfers that may be provided for by
law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
re-transferred from the Tobacco Settlement Recovery Fund to the
General Revenue Fund at the direction of and upon notification
from the Governor, but in any event on or before June 30, 2004.
    (q) In addition to any other transfers that may be provided
for by law, on July 1, 2003, or as soon as may be practical
thereafter, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Illinois Military Family Relief Fund.
    (r) In addition to any other transfers that may be provided
for by law, on July 1, 2003, or as soon as may be practical
thereafter, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,922,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
    (s) In addition to any other transfers that may be provided
for by law, on or after July 1, 2003, the State Comptroller
shall direct and the State Treasurer shall transfer the sum of
$4,800,000 from the Statewide Economic Development Fund to the
General Revenue Fund.
    (t) In addition to any other transfers that may be provided
for by law, on or after July 1, 2003, the State Comptroller
shall direct and the State Treasurer shall transfer the sum of
$50,000,000 from the General Revenue Fund to the Budget
Stabilization Fund.
    (u) On or after July 1, 2004 and until May 1, 2005, in
addition to any other transfers that may be provided for by
law, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2005.
    (v) In addition to any other transfers that may be provided
for by law, on July 1, 2004, or as soon thereafter as may be
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,200,000 from the General
Revenue Fund to the Violence Prevention Fund.
    (w) In addition to any other transfers that may be provided
for by law, on July 1, 2004, or as soon thereafter as may be
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $6,445,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
    (x) In addition to any other transfers that may be provided
for by law, on January 15, 2005, or as soon thereafter as may
be practical, the State Comptroller shall direct and the State
Treasurer shall transfer to the General Revenue Fund the
following sums:
        From the State Crime Laboratory Fund, $200,000;
        From the State Police Wireless Service Emergency Fund,
    $200,000;
        From the State Offender DNA Identification System
    Fund, $800,000; and
        From the State Police Whistleblower Reward and
    Protection Fund, $500,000.
    (y) Notwithstanding any other provision of law to the
contrary, in addition to any other transfers that may be
provided for by law on June 30, 2005, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the remaining balance from
the designated funds into the General Revenue Fund and any
future deposits that would otherwise be made into these funds
must instead be made into the General Revenue Fund:
        (1) the Keep Illinois Beautiful Fund;
        (2) the Metropolitan Fair and Exposition Authority
    Reconstruction Fund;
        (3) the New Technology Recovery Fund;
        (4) the Illinois Rural Bond Bank Trust Fund;
        (5) the ISBE School Bus Driver Permit Fund;
        (6) the Solid Waste Management Revolving Loan Fund;
        (7) the State Postsecondary Review Program Fund;
        (8) the Tourism Attraction Development Matching Grant
    Fund;
        (9) the Patent and Copyright Fund;
        (10) the Credit Enhancement Development Fund;
        (11) the Community Mental Health and Developmental
    Disabilities Services Provider Participation Fee Trust
    Fund;
        (12) the Nursing Home Grant Assistance Fund;
        (13) the By-product Material Safety Fund;
        (14) the Illinois Student Assistance Commission Higher
    EdNet Fund;
        (15) the DORS State Project Fund;
        (16) the School Technology Revolving Fund;
        (17) the Energy Assistance Contribution Fund;
        (18) the Illinois Building Commission Revolving Fund;
        (19) the Illinois Aquaculture Development Fund;
        (20) the Homelessness Prevention Fund;
        (21) the DCFS Refugee Assistance Fund;
        (22) the Illinois Century Network Special Purposes
    Fund; and
        (23) the Build Illinois Purposes Fund.
    (z) In addition to any other transfers that may be provided
for by law, on July 1, 2005, or as soon as may be practical
thereafter, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,200,000 from the General
Revenue Fund to the Violence Prevention Fund.
    (aa) In addition to any other transfers that may be
provided for by law, on July 1, 2005, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $9,000,000 from
the General Revenue Fund to the Presidential Library and Museum
Operating Fund.
    (bb) In addition to any other transfers that may be
provided for by law, on July 1, 2005, or as soon as may be
practical thereafter, the State Comptroller shall direct and
the State Treasurer shall transfer the sum of $6,803,600 from
the General Revenue Fund to the Securities Audit and
Enforcement Fund.
    (cc) In addition to any other transfers that may be
provided for by law, on or after July 1, 2005 and until May 1,
2006, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
re-transferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2006.
    (dd) In addition to any other transfers that may be
provided for by law, on April 1, 2005, or as soon thereafter as
may be practical, at the direction of the Director of Public
Aid (now Director of Healthcare and Family Services), the State
Comptroller shall direct and the State Treasurer shall transfer
from the Public Aid Recoveries Trust Fund amounts not to exceed
$14,000,000 to the Community Mental Health Medicaid Trust Fund.
    (ee) Notwithstanding any other provision of law, on July 1,
2006, or as soon thereafter as practical, the State Comptroller
shall direct and the State Treasurer shall transfer the
remaining balance from the Illinois Civic Center Bond Fund to
the Illinois Civic Center Bond Retirement and Interest Fund.
    (ff) In addition to any other transfers that may be
provided for by law, on and after July 1, 2006 and until June
30, 2007, at the direction of and upon notification from the
Director of the Governor's Office of Management and Budget, the
State Comptroller shall direct and the State Treasurer shall
transfer amounts not exceeding a total of $1,900,000 from the
General Revenue Fund to the Illinois Capital Revolving Loan
Fund.
    (gg) In addition to any other transfers that may be
provided for by law, on and after July 1, 2006 and until May 1,
2007, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2007.
    (hh) In addition to any other transfers that may be
provided for by law, on and after July 1, 2006 and until June
30, 2007, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts from the Illinois Affordable
Housing Trust Fund to the designated funds not exceeding the
following amounts:
    DCFS Children's Services Fund.................$2,200,000
    Department of Corrections Reimbursement
        and Education Fund........................$1,500,000
    Supplemental Low-Income Energy
        Assistance Fund..............................$75,000
    (ii) In addition to any other transfers that may be
provided for by law, on or before August 31, 2006, the Governor
and the State Comptroller may agree to transfer the surplus
cash balance from the General Revenue Fund to the Budget
Stabilization Fund and the Pension Stabilization Fund in equal
proportions. The determination of the amount of the surplus
cash balance shall be made by the Governor, with the
concurrence of the State Comptroller, after taking into account
the June 30, 2006 balances in the general funds and the actual
or estimated spending from the general funds during the lapse
period. Notwithstanding the foregoing, the maximum amount that
may be transferred under this subsection (ii) is $50,000,000.
    (jj) In addition to any other transfers that may be
provided for by law, on July 1, 2006, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $8,250,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
    (kk) In addition to any other transfers that may be
provided for by law, on July 1, 2006, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the Violence Prevention Fund.
    (ll) In addition to any other transfers that may be
provided for by law, on the first day of each calendar quarter
of the fiscal year beginning July 1, 2006, or as soon
thereafter as practical, the State Comptroller shall direct and
the State Treasurer shall transfer from the General Revenue
Fund amounts equal to one-fourth of $20,000,000 to the
Renewable Energy Resources Trust Fund.
    (mm) In addition to any other transfers that may be
provided for by law, on July 1, 2006, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,320,000 from the General
Revenue Fund to the I-FLY Fund.
    (nn) In addition to any other transfers that may be
provided for by law, on July 1, 2006, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $3,000,000 from the General
Revenue Fund to the African-American HIV/AIDS Response Fund.
    (oo) In addition to any other transfers that may be
provided for by law, on and after July 1, 2006 and until June
30, 2007, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts identified as net receipts
from the sale of all or part of the Illinois Student Assistance
Commission loan portfolio from the Student Loan Operating Fund
to the General Revenue Fund. The maximum amount that may be
transferred pursuant to this Section is $38,800,000. In
addition, no transfer may be made pursuant to this Section that
would have the effect of reducing the available balance in the
Student Loan Operating Fund to an amount less than the amount
remaining unexpended and unreserved from the total
appropriations from the Fund estimated to be expended for the
fiscal year. The State Treasurer and Comptroller shall transfer
the amounts designated under this Section as soon as may be
practical after receiving the direction to transfer from the
Governor.
    (pp) In addition to any other transfers that may be
provided for by law, on July 1, 2006, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $2,000,000 from the General
Revenue Fund to the Illinois Veterans Assistance Fund.
    (qq) In addition to any other transfers that may be
provided for by law, on and after July 1, 2007 and until May 1,
2008, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2008.
    (rr) In addition to any other transfers that may be
provided for by law, on and after July 1, 2007 and until June
30, 2008, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts from the Illinois Affordable
Housing Trust Fund to the designated funds not exceeding the
following amounts:
    DCFS Children's Services Fund.................$2,200,000
    Department of Corrections Reimbursement
        and Education Fund........................$1,500,000
    Supplemental Low-Income Energy
        Assistance Fund..............................$75,000
    (ss) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $8,250,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
    (tt) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the Violence Prevention Fund.
    (uu) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,320,000 from the General
Revenue Fund to the I-FLY Fund.
    (vv) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $3,000,000 from the General
Revenue Fund to the African-American HIV/AIDS Response Fund.
    (ww) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $3,500,000 from the General
Revenue Fund to the Predatory Lending Database Program Fund.
    (xx) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Digital Divide Elimination Fund.
    (yy) In addition to any other transfers that may be
provided for by law, on July 1, 2007, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $4,000,000 from the General
Revenue Fund to the Digital Divide Elimination Infrastructure
Fund.
    (zz) In addition to any other transfers that may be
provided for by law, on July 1, 2008, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Digital Divide Elimination Fund.
    (aaa) In addition to any other transfers that may be
provided for by law, on and after July 1, 2008 and until May 1,
2009, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2009.
    (bbb) In addition to any other transfers that may be
provided for by law, on and after July 1, 2008 and until June
30, 2009, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts from the Illinois Affordable
Housing Trust Fund to the designated funds not exceeding the
following amounts:
        DCFS Children's Services Fund.............$2,200,000
        Department of Corrections Reimbursement
        and Education Fund........................$1,500,000
        Supplemental Low-Income Energy
        Assistance Fund..............................$75,000
    (ccc) In addition to any other transfers that may be
provided for by law, on July 1, 2008, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $7,450,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
    (ddd) In addition to any other transfers that may be
provided for by law, on July 1, 2008, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the Violence Prevention Fund.
    (eee) In addition to any other transfers that may be
provided for by law, on July 1, 2009, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Digital Divide Elimination Fund.
    (fff) In addition to any other transfers that may be
provided for by law, on and after July 1, 2009 and until May 1,
2010, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2010.
    (ggg) In addition to any other transfers that may be
provided for by law, on July 1, 2009, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $7,450,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
    (hhh) In addition to any other transfers that may be
provided for by law, on July 1, 2009, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the Violence Prevention Fund.
    (iii) In addition to any other transfers that may be
provided for by law, on July 1, 2009, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $100,000 from the General
Revenue Fund to the Heartsaver AED Fund.
    (jjj) In addition to any other transfers that may be
provided for by law, on and after July 1, 2009 and until June
30, 2010, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$17,000,000 from the General Revenue Fund to the DCFS
Children's Services Fund.
    (lll) In addition to any other transfers that may be
provided for by law, on July 1, 2009, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Communications Revolving Fund.
    (mmm) In addition to any other transfers that may be
provided for by law, on July 1, 2009, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $9,700,000 from the General
Revenue Fund to the Senior Citizens Real Estate Deferred Tax
Revolving Fund.
    (nnn) In addition to any other transfers that may be
provided for by law, on July 1, 2009, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $565,000 from the FY09
Budget Relief Fund to the Horse Racing Fund.
    (ooo) In addition to any other transfers that may be
provided by law, on July 1, 2009, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $600,000 from the General
Revenue Fund to the Temporary Relocation Expenses Revolving
Fund.
    (ppp) In addition to any other transfers that may be
provided for by law, on July 1, 2010, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Digital Divide Elimination Fund.
    (qqq) In addition to any other transfers that may be
provided for by law, on and after July 1, 2010 and until May 1,
2011, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2011.
    (rrr) In addition to any other transfers that may be
provided for by law, on July 1, 2010, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $6,675,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
    (sss) In addition to any other transfers that may be
provided for by law, on July 1, 2010, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the Violence Prevention Fund.
    (ttt) In addition to any other transfers that may be
provided for by law, on July 1, 2010, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $100,000 from the General
Revenue Fund to the Heartsaver AED Fund.
    (uuu) In addition to any other transfers that may be
provided for by law, on July 1, 2010, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $5,000,000 from the General
Revenue Fund to the Communications Revolving Fund.
    (vvv) In addition to any other transfers that may be
provided for by law, on July 1, 2010, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $3,000,000 from the General
Revenue Fund to the Illinois Capital Revolving Loan Fund.
    (www) In addition to any other transfers that may be
provided for by law, on July 1, 2010, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $17,000,000 from the
General Revenue Fund to the DCFS Children's Services Fund.
    (xxx) In addition to any other transfers that may be
provided for by law, on July 1, 2010, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $2,000,000 from the Digital
Divide Elimination Infrastructure Fund, of which $1,000,000
shall go to the Workforce, Technology, and Economic Development
Fund and $1,000,000 to the Public Utility Fund.
    (yyy) In addition to any other transfers that may be
provided for by law, on and after July 1, 2011 and until May 1,
2012, at the direction of and upon notification from the
Governor, the State Comptroller shall direct and the State
Treasurer shall transfer amounts not exceeding a total of
$80,000,000 from the General Revenue Fund to the Tobacco
Settlement Recovery Fund. Any amounts so transferred shall be
retransferred by the State Comptroller and the State Treasurer
from the Tobacco Settlement Recovery Fund to the General
Revenue Fund at the direction of and upon notification from the
Governor, but in any event on or before June 30, 2012.
    (zzz) In addition to any other transfers that may be
provided for by law, on July 1, 2011, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,000,000 from the General
Revenue Fund to the Illinois Veterans Assistance Fund.
    (aaaa) In addition to any other transfers that may be
provided for by law, on July 1, 2011, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $8,000,000 from the General
Revenue Fund to the Presidential Library and Museum Operating
Fund.
    (bbbb) In addition to any other transfers that may be
provided for by law, on July 1, 2011, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $1,400,000 from the General
Revenue Fund to the Violence Prevention Fund.
    (cccc) In addition to any other transfers that may be
provided for by law, on July 1, 2011, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $14,100,000 from the
General Revenue Fund to the State Garage Revolving Fund.
    (dddd) In addition to any other transfers that may be
provided for by law, on July 1, 2011, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $4,000,000 from the General
Revenue Fund to the Digital Divide Elimination Fund.
    (eeee) In addition to any other transfers that may be
provided for by law, on July 1, 2011, or as soon thereafter as
practical, the State Comptroller shall direct and the State
Treasurer shall transfer the sum of $500,000 from the General
Revenue Fund to the Senior Citizens Real Estate Deferred Tax
Revolving Fund.
(Source: P.A. 96-45, eff. 7-15-09; 96-820, eff. 11-18-09;
96-959, eff. 7-1-10; 97-72, eff. 7-1-11; 97-641, eff.
12-19-11.)
 
    (30 ILCS 105/8h)
    Sec. 8h. Transfers to General Revenue Fund.
    (a) Except as otherwise provided in this Section and
Section 8n of this Act, and notwithstanding any other State law
to the contrary, the Governor may, through June 30, 2007, from
time to time direct the State Treasurer and Comptroller to
transfer a specified sum from any fund held by the State
Treasurer to the General Revenue Fund in order to help defray
the State's operating costs for the fiscal year. The total
transfer under this Section from any fund in any fiscal year
shall not exceed the lesser of (i) 8% of the revenues to be
deposited into the fund during that fiscal year or (ii) an
amount that leaves a remaining fund balance of 25% of the July
1 fund balance of that fiscal year. In fiscal year 2005 only,
prior to calculating the July 1, 2004 final balances, the
Governor may calculate and direct the State Treasurer with the
Comptroller to transfer additional amounts determined by
applying the formula authorized in Public Act 93-839 to the
funds balances on July 1, 2003. No transfer may be made from a
fund under this Section that would have the effect of reducing
the available balance in the fund to an amount less than the
amount remaining unexpended and unreserved from the total
appropriation from that fund estimated to be expended for that
fiscal year. This Section does not apply to any funds that are
restricted by federal law to a specific use, to any funds in
the Motor Fuel Tax Fund, the Intercity Passenger Rail Fund, the
Hospital Provider Fund, the Medicaid Provider Relief Fund, the
Teacher Health Insurance Security Fund, the Voters' Guide Fund,
the Foreign Language Interpreter Fund, the Lawyers' Assistance
Program Fund, the Supreme Court Federal Projects Fund, the
Supreme Court Special State Projects Fund, the Supplemental
Low-Income Energy Assistance Fund, the Good Samaritan Energy
Trust Fund, the Low-Level Radioactive Waste Facility
Development and Operation Fund, the Horse Racing Equity Trust
Fund, the Metabolic Screening and Treatment Fund, or the
Hospital Basic Services Preservation Fund, or to any funds to
which Section 70-50 of the Nurse Practice Act applies. No
transfers may be made under this Section from the Pet
Population Control Fund. Notwithstanding any other provision
of this Section, for fiscal year 2004, the total transfer under
this Section from the Road Fund or the State Construction
Account Fund shall not exceed the lesser of (i) 5% of the
revenues to be deposited into the fund during that fiscal year
or (ii) 25% of the beginning balance in the fund. For fiscal
year 2005 through fiscal year 2007, no amounts may be
transferred under this Section from the Road Fund, the State
Construction Account Fund, the Criminal Justice Information
Systems Trust Fund, the Wireless Service Emergency Fund, or the
Mandatory Arbitration Fund.
    In determining the available balance in a fund, the
Governor may include receipts, transfers into the fund, and
other resources anticipated to be available in the fund in that
fiscal year.
    The State Treasurer and Comptroller shall transfer the
amounts designated under this Section as soon as may be
practicable after receiving the direction to transfer from the
Governor.
    (a-5) Transfers directed to be made under this Section on
or before February 28, 2006 that are still pending on May 19,
2006 (the effective date of Public Act 94-774) shall be
redirected as provided in Section 8n of this Act.
    (b) This Section does not apply to: (i) the Carolyn Adams
Ticket For The Cure Grant Fund; (ii) any fund established under
the Community Senior Services and Resources Act; or (iii) on or
after January 1, 2006 (the effective date of Public Act
94-511), the Child Labor and Day and Temporary Labor Services
Enforcement Fund.
    (c) This Section does not apply to the Demutualization
Trust Fund established under the Uniform Disposition of
Unclaimed Property Act.
    (d) This Section does not apply to moneys set aside in the
Illinois State Podiatric Disciplinary Fund for podiatric
scholarships and residency programs under the Podiatric
Scholarship and Residency Act.
    (e) Subsection (a) does not apply to, and no transfer may
be made under this Section from, the Pension Stabilization
Fund.
    (f) Subsection (a) does not apply to, and no transfer may
be made under this Section from, the Illinois Power Agency
Operations Fund, the Illinois Power Agency Facilities Fund, the
Illinois Power Agency Debt Service Fund, and the Illinois Power
Agency Trust Fund.
    (g) This Section does not apply to the Veterans Service
Organization Reimbursement Fund.
    (h) This Section does not apply to the Supreme Court
Historic Preservation Fund.
    (i) This Section does not apply to, and no transfer may be
made under this Section from, the Money Follows the Person
Budget Transfer Fund.
    (j) This Section does not apply to the Domestic Violence
Shelter and Service Fund.
    (k) This Section does not apply to the Illinois Historic
Sites Fund and the Presidential Library and Museum Operating
Fund.
    (l) This Section does not apply to the Trucking
Environmental and Education Fund.
    (m) This Section does not apply to the Roadside Memorial
Fund.
    (n) This Section does not apply to the Department of Human
Rights Special Fund.
(Source: P.A. 95-331, eff. 8-21-07; 95-410, eff. 8-24-07;
95-481, eff. 8-28-07; 95-629, eff. 9-25-07; 95-639, eff.
10-5-07; 95-695, eff. 11-5-07; 95-744, eff. 7-18-08; 95-876,
eff. 8-21-08; 96-302, eff. 1-1-10; 96-450, eff. 8-14-09;
96-511, eff. 8-14-09; 96-576, eff. 8-18-09; 96-667, eff.
8-25-09; 96-786, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1290,
eff. 7-26-10.)
 
    (30 ILCS 105/5.87 rep.)
    (30 ILCS 105/5.121 rep.)
    (30 ILCS 105/5.154 rep.)
    (30 ILCS 105/5.181 rep.)
    (30 ILCS 105/5.187 rep.)
    (30 ILCS 105/5.200 rep.)
    (30 ILCS 105/5.232 rep.)
    (30 ILCS 105/5.296 rep.)
    (30 ILCS 105/5.310 rep.)
    (30 ILCS 105/5.333 rep.)
    (30 ILCS 105/5.431 rep.)
    (30 ILCS 105/5.461 rep.)
    (30 ILCS 105/5.516 rep.)
    (30 ILCS 105/5.520 rep.)
    (30 ILCS 105/5.521 rep.)
    (30 ILCS 105/5.600 rep.)
    (30 ILCS 105/5.617 rep.)
    (30 ILCS 105/5.717 rep.)
    Section 15-15. The State Finance Act is amended by
repealing Sections 5.87, 5.121, 5.154, 5.181, 5.187, 5.200,
5.232, 5.296, 5.310, 5.333, 5.431, 5.461, 5.516, 5.520, 5.521,
5.600, 5.617, and 5.717.
 
    Section 15-20. The Build Illinois Act is amended by
changing Sections 9-3 and 9-5.2 as follows:
 
    (30 ILCS 750/9-3)  (from Ch. 127, par. 2709-3)
    Sec. 9-3. Powers and duties. The Department has the power:
    (a) To make loans or equity investments to small
businesses, and to make loans or grants or investments to or
through financial intermediaries. The loans and investments
shall be made from appropriations from the Build Illinois Bond
Fund, Illinois Capital Revolving Loan Fund or Illinois Equity
Revolving Fund for the purpose of promoting the creation or
retention of jobs within small businesses or to modernize or
maintain competitiveness of firms in Illinois. The grants shall
be made from appropriations from the Build Illinois Bond Fund
or Illinois Capital Revolving Loan Fund for the purpose of
technical assistance.
    (b) To make loans to or investments in businesses that have
received federal Phase I Small Business Innovation Research
grants as a bridge while awaiting federal Phase II Small
Business Innovation Research grant funds.
    (c) To enter into interagency agreements, accept funds or
grants, and engage in cooperation with agencies of the federal
government, local units of government, universities, research
foundations, political subdivisions of the State, financial
intermediaries, and regional economic development corporations
or organizations for the purposes of carrying out this Article.
    (d) To enter into contracts, financial intermediary
agreements, or any other agreements or contracts with financial
intermediaries necessary or desirable to further the purposes
of this Article. Any such agreement or contract may include,
without limitation, terms and provisions including, but not
limited to loan documentation, review and approval procedures,
organization and servicing rights, and default conditions.
    (e) To fix, determine, charge and collect any premiums,
fees, charges, costs and expenses, including without
limitation, any application fees, commitment fees, program
fees, financing charges, collection fees, training fees, or
publication fees in connection with its activities under this
Article and to accept from any source any gifts, donations, or
contributions of money, property, labor, or other things of
value to be held, used, and applied to carry out the purposes
of this Article. All fees, charges, collections, gifts,
donations, or other contributions shall be deposited into the
Illinois Capital Revolving Loan Fund.
    (f) To establish application, notification, contract, and
other forms, procedures, rules or regulations deemed necessary
and appropriate.
    (g) To consent, subject to the provisions of any contract
with another person, whenever it deems it necessary or
desirable in the fulfillment of the purposes of this Article,
to the modification or restructuring of any financial
intermediary agreement, loan agreement or any equity
investment agreement to which the Department is a party.
    (h) To take whatever actions are necessary or appropriate
to protect the State's interest in the event of bankruptcy,
default, foreclosure, or noncompliance with the terms and
conditions of financial assistance or participation provided
hereunder or to otherwise protect or affect the State's
interest, including the power to sell, dispose, lease or rent,
upon terms and conditions determined by the Director to be
appropriate, real or personal property which the Department may
receive as a result thereof.
    (i) To deposit any "Qualified Securities" which have been
received by the Department as the result of any financial
intermediary agreement, loan, or equity investment agreement
executed in the carrying out of this Act, with the Office of
the State Treasurer and held by that office until agreement to
transfer such qualified security shall be certified by the
Director of Commerce and Economic Opportunity.
    (j) To assist small businesses that seek to apply for
public or private capital in preparing the application and to
supply them with grant information, plans, reports,
assistance, or advice on development finance and to assist
financial intermediaries and participating lenders to build
capacity to make debt or equity investments through
conferences, workshops, seminars, publications, or any other
media.
    (k) To provide for staff, administration, and related
support required to manage the programs authorized under this
Article and pay for staffing and administration from the
Illinois Capital Revolving Loan Fund, as appropriated by the
General Assembly. Administration responsibilities may include,
but are not limited to, research and identification of credit
disadvantaged groups; design of comprehensive statewide
capital access plans and programs addressing capital gap and
capital marketplace structure and information barriers;
direction, management, and control of specific projects; and
communicate and cooperation with public development finance
organizations and private debt and equity sources.
    (l) To exercise such other powers as are necessary or
incidental to the foregoing.
(Source: P.A. 94-91, eff. 7-1-05.)
 
    (30 ILCS 750/9-5.2)  (from Ch. 127, par. 2709-5.2)
    Sec. 9-5.2. Illinois Equity Investment Revolving Fund.
    (a) There is created the Illinois Equity Investment
Revolving Fund, hereafter referred to in this Article as the
"Equity Fund" to be held as a separate fund within the State
Treasury. The purpose of the Illinois Equity Fund is to make
equity investments in Illinois. All financing will be done in
conjunction with participating lenders or other investors.
Investment proceeds may be directed to working capital expenses
associated with the introduction of new technical products or
services of individual business projects or may be used for
equity finance pools operated by intermediaries.
    (b) There shall be deposited in the Illinois Equity Fund
such amounts, including but not limited to:
        (i) All receipts including dividends, principal and
    interest payments, royalties, or other return on
    investment from any applicable loan made from the Illinois
    Equity Fund, from direct appropriations by the General
    Assembly from the Build Illinois Fund or the Build Illinois
    Purposes Fund (now abolished), or from intermediary
    agreements made from the Illinois Equity Fund entered into
    by the Department;
        (ii) All proceeds of assets of whatever nature received
    by the Department as a result of default or delinquency
    with respect to loan agreements made from the Illinois
    Equity Fund, or from direct appropriations by the General
    Assembly including proceeds from the sale, disposal, lease
    or rental of real or personal property which the Department
    may receive as a result thereof;
        (iii) any appropriations, grants or gifts made to the
    Illinois Equity Fund;
        (iv) any income received from interest on investments
    of moneys in the Illinois Equity Fund.
    (c) The Treasurer may invest moneys in the Illinois Equity
Fund in securities constituting direct obligations of the
United States Government, or in obligations the principal of
and interest on which are guaranteed by the United States
Government, or in certificates of deposit of any State or
national bank which are fully secured by obligations guaranteed
as to principal and interest by the United States Government.
(Source: P.A. 94-91, eff. 7-1-05.)
 
    Section 15-25. The Illinois Income Tax Act is amended by
changing Section 507L as follows:
 
    (35 ILCS 5/507L)
    Sec. 507L. Penny Severns Breast, and Cervical, and Ovarian
Cancer Research Fund checkoff. Beginning with taxable years
ending on December 31, 1999, the Department shall print on its
standard individual income tax form a provision indicating that
if the taxpayer wishes to contribute to the Penny Severns
Breast, and Cervical, and Ovarian Cancer Research Fund as
authorized by this amendatory Act of the 91st 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 the
payment to accompany the return. Failure to remit any amount of
increased payment shall reduce the contribution accordingly.
This Section shall not apply to an amended return.
(Source: P.A. 91-107, eff. 7-13-99.)
 
    Section 15-30. The Illinois Municipal Code is amended by
changing Section 11-43-2 as follows:
 
    (65 ILCS 5/11-43-2)  (from Ch. 24, par. 11-43-2)
    Sec. 11-43-2. Taxes levied by any municipality having a
population of 500,000 or more for general assistance for
persons in need thereof as provided in The Illinois Public Aid
Code, as now or hereafter amended, for each fiscal year shall
not exceed the rate of .10% upon the value of all property
therein as that property is equalized or assessed by the
Department of Revenue. Nor shall the rate produce in excess of
the amount needed in that municipality for general assistance
for persons in need thereof.
    All money received from these taxes and moneys collected or
recovered by or in behalf of the municipality under The
Illinois Public Aid Code shall be used exclusively for the
furnishing of general assistance within the municipality; for
the payment of administrative costs thereof; and for the
payment of warrants issued against and in anticipation of the
general assistance taxes, and accrued interest thereon. Until
January 1, 1974, the treasurer of the municipality, shall pay
all moneys received from general assistance taxes and all the
moneys collected or recovered by or in behalf of the
municipality under The Illinois Public Aid Code into the
special fund in the county treasury established pursuant to
Section 12-21.14 of that Code. After December 31, 1973, but not
later than June 30, 1979, the treasurer of the municipality
shall pay all moneys received from general assistance taxes and
collections or recoveries directly into the Special Purposes
Trust Fund (now known as the DHS Special Purposes Trust Fund)
established by Section 12-10 of The Illinois Public Aid Code.
After June 30, 1979, moneys and funds designated by this
Section shall be paid into the General Revenue Fund as
reimbursement for appropriated funds disbursed.
    Upon the filing with the county clerk of a certified copy
of an ordinance levying such taxes, the county clerk shall
extend the taxes upon the books of the collector of state and
county taxes within that municipality in the manner provided in
Section 8-3-1 for the extension of municipal taxes.
(Source: P.A. 92-111, eff. 1-1-02.)
 
    Section 15-35. The Public Utilities Act is amended by
changing Section 13-703 as follows:
 
    (220 ILCS 5/13-703)  (from Ch. 111 2/3, par. 13-703)
    (Section scheduled to be repealed on July 1, 2017)
    Sec. 13-703. (a) The Commission shall design and implement
a program whereby each telecommunications carrier providing
local exchange service shall provide a telecommunications
device capable of servicing the needs of those persons with a
hearing or speech disability together with a single party line,
at no charge additional to the basic exchange rate, to any
subscriber who is certified as having a hearing or speech
disability by a licensed physician, speech-language
pathologist, audiologist or a qualified State agency and to any
subscriber which is an organization serving the needs of those
persons with a hearing or speech disability as determined and
specified by the Commission pursuant to subsection (d).
    (b) The Commission shall design and implement a program,
whereby each telecommunications carrier providing local
exchange service shall provide a telecommunications relay
system, using third party intervention to connect those persons
having a hearing or speech disability with persons of normal
hearing by way of intercommunications devices and the telephone
system, making available reasonable access to all phases of
public telephone service to persons who have a hearing or
speech disability. In order to design a telecommunications
relay system which will meet the requirements of those persons
with a hearing or speech disability available at a reasonable
cost, the Commission shall initiate an investigation and
conduct public hearings to determine the most cost-effective
method of providing telecommunications relay service to those
persons who have a hearing or speech disability when using
telecommunications devices and therein solicit the advice,
counsel, and physical assistance of Statewide nonprofit
consumer organizations that serve persons with hearing or
speech disabilities in such hearings and during the development
and implementation of the system. The Commission shall phase in
this program, on a geographical basis, as soon as is
practicable, but no later than June 30, 1990.
    (c) The Commission shall establish a competitively neutral
rate recovery mechanism that establishes charges in an amount
to be determined by the Commission for each line of a
subscriber to allow telecommunications carriers providing
local exchange service to recover costs as they are incurred
under this Section. Beginning no later than April 1, 2016, and
on a yearly basis thereafter, the Commission shall initiate a
proceeding to establish the competitively neutral amount to be
charged or assessed to subscribers of telecommunications
carriers and wireless carriers, Interconnected VoIP service
providers, and consumers of prepaid wireless
telecommunications service in a manner consistent with this
subsection (c) and subsection (f) of this Section. The
Commission shall issue its order establishing the
competitively neutral amount to be charged or assessed to
subscribers of telecommunications carriers and wireless
carriers, Interconnected VoIP service providers, and
purchasers of prepaid wireless telecommunications service on
or prior to June 1 of each year, and such amount shall take
effect June 1 of each year.
    Telecommunications carriers, wireless carriers,
Interconnected VoIP service providers, and sellers of prepaid
wireless telecommunications service shall have 60 days from the
date the Commission files its order to implement the new rate
established by the order.
    (d) The Commission shall determine and specify those
organizations serving the needs of those persons having a
hearing or speech disability that shall receive a
telecommunications device and in which offices the equipment
shall be installed in the case of an organization having more
than one office. For the purposes of this Section,
"organizations serving the needs of those persons with hearing
or speech disabilities" means centers for independent living as
described in Section 12a of the Rehabilitation of Persons with
Disabilities Act and not-for-profit organizations whose
primary purpose is serving the needs of those persons with
hearing or speech disabilities. The Commission shall direct the
telecommunications carriers subject to its jurisdiction and
this Section to comply with its determinations and
specifications in this regard.
    (e) As used in this Section:
    "Prepaid wireless telecommunications service" has the
meaning given to that term under Section 10 of the Prepaid
Wireless 9-1-1 Surcharge Act.
    "Retail transaction" has the meaning given to that term
under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act.
    "Seller" has the meaning given to that term under Section
10 of the Prepaid Wireless 9-1-1 Surcharge Act.
    "Telecommunications carrier providing local exchange
service" includes, without otherwise limiting the meaning of
the term, telecommunications carriers which are purely mutual
concerns, having no rates or charges for services, but paying
the operating expenses by assessment upon the members of such a
company and no other person.
    "Wireless carrier" has the meaning given to that term under
Section 10 of the Wireless Emergency Telephone Safety Act.
    (f) Interconnected VoIP service providers, sellers of
prepaid wireless telecommunications service, and wireless
carriers in Illinois shall collect and remit assessments
determined in accordance with this Section in a competitively
neutral manner in the same manner as a telecommunications
carrier providing local exchange service. However, the
assessment imposed on consumers of prepaid wireless
telecommunications service shall be collected by the seller
from the consumer and imposed per retail transaction as a
percentage of that retail transaction on all retail
transactions occurring in this State. The assessment on
subscribers of wireless carriers and consumers of prepaid
wireless telecommunications service shall not be imposed or
collected prior to June 1, 2016.
    Sellers of prepaid wireless telecommunications service
shall remit the assessments to the Department of Revenue on the
same form and in the same manner which they remit the fee
collected under the Prepaid Wireless 9-1-1 Surcharge Act. For
the purposes of display on the consumers' receipts, the rates
of the fee collected under the Prepaid Wireless 9-1-1 Surcharge
Act and the assessment under this Section may be combined. In
administration and enforcement of this Section, the provisions
of Sections 15 and 20 of the Prepaid Wireless 9-1-1 Surcharge
Act (except subsections (a), (a-5), (b-5), (e), and (e-5) of
Section 15 and subsections (c) and (e) of Section 20 of the
Prepaid Wireless 9-1-1 Surcharge Act and, from June 29, 2015
(the effective date of Public Act 99-6) this amendatory Act of
the 99th General Assembly, the seller shall be permitted to
deduct and retain 3% of the assessments that are collected by
the seller from consumers and that are remitted and timely
filed with the Department) that are not inconsistent with this
Section, shall apply, as far as practicable, to the subject
matter of this Section to the same extent as if those
provisions were included in this Section. The Department shall
deposit all assessments and penalties collected under this
Section into the Illinois Telecommunications Access
Corporation Fund, a special fund created in the State treasury.
On or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
amount available to the Commission for distribution out of the
Illinois Telecommunications Access Corporation Fund. The
amount certified shall be the amount (not including credit
memoranda) collected during the second preceding calendar
month by the Department, plus an amount the Department
determines is necessary to offset any amounts which were
erroneously paid to a different taxing body or fund. The amount
paid to the Illinois Telecommunications Access Corporation
Fund shall not include any amount equal to the amount of
refunds made during the second preceding calendar month by the
Department to retailers under this Section or any amount that
the Department determines is necessary to offset any amounts
which were payable to a different taxing body or fund but were
erroneously paid to the Illinois Telecommunications Access
Corporation Fund. The Commission shall distribute all the funds
to the Illinois Telecommunications Access Corporation and the
funds may only be used in accordance with the provisions of
this Section. The Department shall deduct 2% of all amounts
deposited in the Illinois Telecommunications Access
Corporation Fund during every year of remitted assessments. Of
the 2% deducted by the Department, one-half shall be
transferred into the Tax Compliance and Administration Fund to
reimburse the Department for its direct costs of administering
the collection and remittance of the assessment. The remaining
one-half shall be transferred into the Public Utility Utilities
Fund to reimburse the Commission for its costs of distributing
to the Illinois Telecommunications Access Corporation the
amount certified by the Department for distribution. The amount
to be charged or assessed under subsections (c) and (f) is not
imposed on a provider or the consumer for wireless Lifeline
service where the consumer does not pay the provider for the
service. Where the consumer purchases from the provider
optional minutes, texts, or other services in addition to the
federally funded Lifeline benefit, a consumer must pay the
charge or assessment, and it must be collected by the seller
according to subsection (f).
    Interconnected VoIP services shall not be considered an
intrastate telecommunications service for the purposes of this
Section in a manner inconsistent with federal law or Federal
Communications Commission regulation.
    (g) The provisions of this Section are severable under
Section 1.31 of the Statute on Statutes.
    (h) The Commission may adopt rules necessary to implement
this Section.
(Source: P.A. 99-6, eff. 6-29-15; 99-143, eff. 7-27-15; revised
10-21-15.)
 
    Section 15-40. The Medical Practice Act of 1987 is amended
by changing Sections 2 and 22 as follows:
 
    (225 ILCS 60/2)  (from Ch. 111, par. 4400-2)
    (Section scheduled to be repealed on December 31, 2016)
    Sec. 2. Definitions. For purposes of this Act, the
following definitions shall have the following meanings,
except where the context requires otherwise:
    "Act" means the Medical Practice Act of 1987.
    "Address of record" means the designated address recorded
by the Department in the applicant's or licensee's application
file or license file as 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
those changes must be made either through the Department's
website or by contacting the Department.
    "Chiropractic physician" means a person licensed to treat
human ailments without the use of drugs and without operative
surgery. Nothing in this Act shall be construed to prohibit a
chiropractic physician from providing advice regarding the use
of non-prescription products or from administering atmospheric
oxygen. Nothing in this Act shall be construed to authorize a
chiropractic physician to prescribe drugs.
    "Department" means the Department of Financial and
Professional Regulation.
    "Disciplinary Action" means revocation, suspension,
probation, supervision, practice modification, reprimand,
required education, fines or any other action taken by the
Department against a person holding a license.
    "Disciplinary Board" means the Medical Disciplinary Board.
    "Final Determination" means the governing body's final
action taken under the procedure followed by a health care
institution, or professional association or society, against
any person licensed under the Act in accordance with the bylaws
or rules and regulations of such health care institution, or
professional association or society.
    "Fund" means the Illinois State Medical Disciplinary Fund.
    "Impaired" means the inability to practice medicine 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 deliver competent patient care.
    "Licensing Board" means the Medical Licensing Board.
    "Physician" means a person licensed under the Medical
Practice Act to practice medicine in all of its branches or a
chiropractic physician.
    "Professional Association" means an association or society
of persons licensed under this Act, and operating within the
State of Illinois, including but not limited to, medical
societies, osteopathic organizations, and chiropractic
organizations, but this term shall not be deemed to include
hospital medical staffs.
    "Program of Care, Counseling, or Treatment" means a written
schedule of organized treatment, care, counseling, activities,
or education, satisfactory to the Disciplinary Board, designed
for the purpose of restoring an impaired person to a condition
whereby the impaired person can practice medicine with
reasonable skill and safety of a sufficient degree to deliver
competent patient care.
    "Reinstate" means to change the status of a license from
inactive or nonrenewed status to active status.
    "Restore" means to remove an encumbrance from a license due
to probation, suspension, or revocation.
    "Secretary" means the Secretary of the Department of
Financial and Professional Regulation.
(Source: P.A. 97-462, eff. 8-19-11; 97-622, eff. 11-23-11;
98-1140, eff. 12-30-14.)
 
    (225 ILCS 60/22)  (from Ch. 111, par. 4400-22)
    (Section scheduled to be repealed on December 31, 2016)
    Sec. 22. Disciplinary action.
    (A) The Department may revoke, suspend, place on probation,
reprimand, refuse to issue or renew, or take any other
disciplinary or non-disciplinary action as the Department may
deem proper with regard to the license or permit of any person
issued under this Act, including imposing fines not to exceed
$10,000 for each violation, upon any of the following grounds:
        (1) Performance of an elective abortion in any place,
    locale, facility, or institution other than:
            (a) a facility licensed pursuant to the Ambulatory
        Surgical Treatment Center Act;
            (b) an institution licensed under the Hospital
        Licensing Act;
            (c) an ambulatory surgical treatment center or
        hospitalization or care facility maintained by the
        State or any agency thereof, where such department or
        agency has authority under law to establish and enforce
        standards for the ambulatory surgical treatment
        centers, hospitalization, or care facilities under its
        management and control;
            (d) ambulatory surgical treatment centers,
        hospitalization or care facilities maintained by the
        Federal Government; or
            (e) ambulatory surgical treatment centers,
        hospitalization or care facilities maintained by any
        university or college established under the laws of
        this State and supported principally by public funds
        raised by taxation.
        (2) Performance of an abortion procedure in a wilful
    and wanton manner on a woman who was not pregnant at the
    time the abortion procedure was performed.
        (3) A plea of guilty or nolo contendere, finding of
    guilt, jury verdict, or entry of judgment or sentencing,
    including, but not limited to, convictions, preceding
    sentences of supervision, conditional discharge, or first
    offender probation, under the laws of any jurisdiction of
    the United States of any crime that is a felony.
        (4) Gross negligence in practice under this Act.
        (5) Engaging in dishonorable, unethical or
    unprofessional conduct of a character likely to deceive,
    defraud or harm the public.
        (6) Obtaining any fee by fraud, deceit, or
    misrepresentation.
        (7) Habitual or excessive use or abuse of drugs defined
    in law as controlled substances, of alcohol, or of any
    other substances which results in the inability to practice
    with reasonable judgment, skill or safety.
        (8) Practicing under a false or, except as provided by
    law, an assumed name.
        (9) Fraud or misrepresentation in applying for, or
    procuring, a license under this Act or in connection with
    applying for renewal of a license under this Act.
        (10) Making a false or misleading statement regarding
    their skill or the efficacy or value of the medicine,
    treatment, or remedy prescribed by them at their direction
    in the treatment of any disease or other condition of the
    body or mind.
        (11) Allowing another person or organization to use
    their license, procured under this Act, to practice.
        (12) Adverse action taken by another state or
    jurisdiction against a license or other authorization to
    practice as a medical doctor, doctor of osteopathy, doctor
    of osteopathic medicine or doctor of chiropractic, a
    certified copy of the record of the action taken by the
    other state or jurisdiction being prima facie evidence
    thereof. This includes any adverse action taken by a State
    or federal agency that prohibits a medical doctor, doctor
    of osteopathy, doctor of osteopathic medicine, or doctor of
    chiropractic from providing services to the agency's
    participants.
        (13) Violation of any provision of this Act or of the
    Medical Practice Act prior to the repeal of that Act, or
    violation of the rules, or a final administrative action of
    the Secretary, after consideration of the recommendation
    of the Disciplinary Board.
        (14) Violation of the prohibition against fee
    splitting in Section 22.2 of this Act.
        (15) A finding by the Disciplinary Board that the
    registrant after having his or her license placed on
    probationary status or subjected to conditions or
    restrictions violated the terms of the probation or failed
    to comply with such terms or conditions.
        (16) Abandonment of a patient.
        (17) Prescribing, selling, administering,
    distributing, giving or self-administering any drug
    classified as a controlled substance (designated product)
    or narcotic for other than medically accepted therapeutic
    purposes.
        (18) Promotion of the sale of drugs, devices,
    appliances or goods provided for a patient in such manner
    as to exploit the patient for financial gain of the
    physician.
        (19) Offering, undertaking or agreeing to cure or treat
    disease by a secret method, procedure, treatment or
    medicine, or the treating, operating or prescribing for any
    human condition by a method, means or procedure which the
    licensee refuses to divulge upon demand of the Department.
        (20) Immoral conduct in the commission of any act
    including, but not limited to, commission of an act of
    sexual misconduct related to the licensee's practice.
        (21) Wilfully making or filing false records or reports
    in his or her practice as a physician, including, but not
    limited to, false records to support claims against the
    medical assistance program of the Department of Healthcare
    and Family Services (formerly Department of Public Aid)
    under the Illinois Public Aid Code.
        (22) Wilful omission to file or record, or wilfully
    impeding the filing or recording, or inducing another
    person to omit to file or record, medical reports as
    required by law, or wilfully failing to report an instance
    of suspected abuse or neglect as required by law.
        (23) Being named as a perpetrator in an indicated
    report by the Department of Children and Family Services
    under the Abused and Neglected Child Reporting Act, and
    upon proof by clear and convincing evidence that the
    licensee has caused a child to be an abused child or
    neglected child as defined in the Abused and Neglected
    Child Reporting Act.
        (24) Solicitation of professional patronage by any
    corporation, agents or persons, or profiting from those
    representing themselves to be agents of the licensee.
        (25) Gross and wilful and continued overcharging for
    professional services, including filing false statements
    for collection of fees for which services are not rendered,
    including, but not limited to, filing such false statements
    for collection of monies for services not rendered from the
    medical assistance program of the Department of Healthcare
    and Family Services (formerly Department of Public Aid)
    under the Illinois Public Aid Code.
        (26) A pattern of practice or other behavior which
    demonstrates incapacity or incompetence to practice under
    this Act.
        (27) Mental illness or disability which results in the
    inability to practice under this Act with reasonable
    judgment, skill or safety.
        (28) Physical illness, including, but not limited to,
    deterioration through the aging process, or loss of motor
    skill which results in a physician's inability to practice
    under this Act with reasonable judgment, skill or safety.
        (29) Cheating on or attempt to subvert the licensing
    examinations administered under this Act.
        (30) Wilfully or negligently violating the
    confidentiality between physician and patient except as
    required by law.
        (31) The use of any false, fraudulent, or deceptive
    statement in any document connected with practice under
    this Act.
        (32) Aiding and abetting an individual not licensed
    under this Act in the practice of a profession licensed
    under this Act.
        (33) Violating state or federal laws or regulations
    relating to controlled substances, legend drugs, or
    ephedra as defined in the Ephedra Prohibition Act.
        (34) Failure to report to the Department any adverse
    final action taken against them by another licensing
    jurisdiction (any other state or any territory of the
    United States or any foreign state or country), by any peer
    review body, by any health care institution, by any
    professional society or association related to practice
    under this Act, by any governmental agency, by any law
    enforcement agency, or by any court for acts or conduct
    similar to acts or conduct which would constitute grounds
    for action as defined in this Section.
        (35) Failure to report to the Department surrender of a
    license or authorization to practice as a medical doctor, a
    doctor of osteopathy, a doctor of osteopathic medicine, or
    doctor of chiropractic in another state or jurisdiction, or
    surrender of membership on any medical staff or in any
    medical or professional association or society, while
    under disciplinary investigation by any of those
    authorities or bodies, for acts or conduct similar to acts
    or conduct which would constitute grounds for action as
    defined in this Section.
        (36) Failure to report to the Department any adverse
    judgment, settlement, or award arising from a liability
    claim related to acts or conduct similar to acts or conduct
    which would constitute grounds for action as defined in
    this Section.
        (37) Failure to provide copies of medical records as
    required by law.
        (38) Failure to furnish the Department, its
    investigators or representatives, relevant information,
    legally requested by the Department after consultation
    with the Chief Medical Coordinator or the Deputy Medical
    Coordinator.
        (39) Violating the Health Care Worker Self-Referral
    Act.
        (40) Willful failure to provide notice when notice is