Illinois Compiled Statutes

5 ILCS 100/1-20 (2026)

"Agency" means each officer, board, commission, and agency created by the Constitution, whether in the executive, legislative, or judicial branch of State government, but other than the circuit court; each officer, department, board, commission, agency, institution, authority, university, and body politic and corporate of the State; each administrative unit or corporate outgrowth of the State government that is created by or pursuant to statute, other than units of local government and their officers, school districts, and boards of election commissioners; and each administrative unit or corporate outgrowth of the above and as may be created by executive order of the Governor

✓ current as of May 2026
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(5 ILCS 100/1-20) (from Ch. 127, par. 1001-20)
    Sec. 1-20. "Agency" means each officer, board, commission, and agency created by the Constitution, whether in the executive, legislative, or judicial branch of State government, but other than the circuit court; each officer, department, board, commission, agency, institution, authority, university, and body politic and corporate of the State; each administrative unit or corporate outgrowth of the State government that is created by or pursuant to statute, other than units of local government and their officers, school districts, and boards of election commissioners; and each administrative unit or corporate outgrowth of the above and as may be created by executive order of the Governor. "Agency", however, does not include the following:
        (1) The House of Representatives and Senate and their
    
respective standing and service committees, including without limitation the Board of the Office of the Architect of the Capitol and the Architect of the Capitol established under the Legislative Commission Reorganization Act of 1984.
        (2) The Governor.
        (3) The justices and judges of the Supreme and
    
Appellate Courts.
        (4) The Legislative Ethics Commission.
        (5) The Illinois State Guard with respect to
    
regulations adopted under the Illinois State Guard Act.
(Source: P.A. 100-1030, eff. 8-22-18.)

    
Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1998–2021 · leading case: People v. Williams, 910 N.E.2d 1272 (Ill. App. Ct. 2009).
People v. Williams, 910 N.E.2d 1272 (Ill. App. Ct. 2009). · cites it 3× “The Illinois Constitution defines "[u]nits of local government" as "counties, municipalities, townships, special districts, and units, designated as units of local government by law, which exercise limited governmental powers or powers in respect to limited governmental…”
Carver v. Nall, 714 N.E.2d 486 (Ill. 1999). “The Procedure Act applies to every "agency," as defined therein (5 ILCS 100/1-5 (West 1996)), and defines "agency" as, inter alia, "each administrative unit or corporate outgrowth of the State government that is created by or pursuant to statute, other than units of local…”
Roman v. Cook Cnty. Sheriff's Merit Bd., 2014 IL App (1st) 123308 (Ill. App. Ct. 2014). · cites it 2× “” 5 ILCS 100/1-20 (West 2008). Instead, it is an agency of a unit of local government, specifically of the Cook County Sheriff.”
Landmarks Illinois v. Rock Island Cnty. Bd., 2020 IL App (3d) 190159 (Ill. App. Ct. 2020). “However, we note that we would reach the same conclusion even if we 6 Section 3(b) of the Preservation Act defines “[a]gency” as having “the same meaning as in Section 1-20 of the Illinois Administrative Procedure Act” (20 ILCS 3420/3(b) (West 2016)), which excludes “units of…”
Jaros v. Illinois Court of Claims, 2021 IL App (2d) 200397 (Ill. App. Ct. 2021). “at 137-38 (quoting 5 ILCS 100/1-20(3) (West 2016)). A unanimous four-justice opinion (see 705 ILCS 505/16 (West 2016)) denying Jaros’s claim was issued on June 17, 2019 (Jaros, 72 Ill.”
Roman v. Cook Cnty. Sheriff's Merit Bd., 2014 IL App (1st) 123308 (Ill. App. Ct. 2014). · cites it 2× “" 5 ILCS 100/1-20 (West 2008). ¶ 77 The Board does not meet this definition of "agency.”
Landmarks Illinois v. Rock Island Cnty. Bd., 2020 IL App (3d) 190159 (Ill. App. Ct. 2021). “in the character or use of historic property” where such project, activity, or program is “licensed or assisted by a State agency,” 6 Section 3(b) of the Preservation Act defines “[a]gency” as having “the same meaning as in Section 1-20 of the Illinois Administrative Procedure…”
Vrakas v. Cnty. of Will, Illinois, 2015 IL App (3d) 140424 (Ill. App. Ct. 2015). “In response, Will County argues that the IMRF is not a body politic and corporate of the State and is not subject to the Administrative Procedure Act (see 5 ILCS 100/1-20 (West 2008), 40 ILCS 5/22-402 (West 2008), and Guse v.”
Filliung v. Adams (Ill. App. Ct. 2008). · cites it 5× “5 ILCS 100/1-20 (West 2006) (agency defined); 5 ILCS 100/5-10 (West 2006) (provisions for promulgating rules).”
Vrakas v. Cnty. of Will, 2015 IL App (3d) 140424 (Ill. App. Ct. 2015). “In response, Will County argues that the IMRF is not a body politic and corporate of the State and is not subject to the Administrative Procedure Act (see 5 ILCS 100/1-20 (West); 40 ILCS 5/22-402 (West 2008); Guse v.”
Gounaris v. City of Chicago (Ill. App. Ct. 2001). “2d 554 , 561 (1999), quoting 5 ILCS 100/1-20 (West 1996). We have previously held that because the LAC is a "unit of local government," the Administrative Procedure Act does not apply to proceedings before the LAC.”
Schmeier v. Chicago Park Dist. (Ill. App. Ct. 1998). “) 5 ILCS 100/1-20 (West 1996). Clearly the Board is an administrative unit created pursuant to statute, specifically, the Chicago Park District Act (Park Act) (see 70 ILCS 1505/16a(c)(2) (West 1996)).”
— 5 ILCS 100/1-20(3) — 1 case
Jaros v. Illinois Court of Claims, 2021 IL App (2d) 200397 (Ill. App. Ct. 2021). “at 137-38 (quoting 5 ILCS 100/1-20(3) (West 2016)). A unanimous four-justice opinion (see 705 ILCS 505/16 (West 2016)) denying Jaros’s claim was issued on June 17, 2019 (Jaros, 72 Ill.”
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