102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5004

 

Introduced 1/27/2022, by Rep. Aaron M. Ortiz - Elizabeth Hernandez

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends various Acts to make changes concerning references to noncitizen individuals. Effective immediately.


LRB102 23330 RJF 32496 b

 

 

A BILL FOR

 

HB5004LRB102 23330 RJF 32496 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Notary Public Act is amended by
5changing Section 2-102 as follows:
 
6    (5 ILCS 312/2-102)  (from Ch. 102, par. 202-102)
7    (Text of Section before amendment by P.A. 102-160)
8    Sec. 2-102. Application. Every applicant for appointment
9and commission as a notary shall complete an application in a
10format prescribed by the Secretary of State to be filed with
11the Secretary of State, stating:
12        (a) the applicant's official name, as it appears on
13    his or her current driver's license or state-issued
14    identification card;
15        (b) the county in which the applicant resides or, if
16    the applicant is a resident of a state bordering Illinois,
17    the county in Illinois in which that person's principal
18    place of work or principal place of business is located;
19        (c) the applicant's residence address, as it appears
20    on his or her current driver's license or state-issued
21    identification card;
22        (c-5) the applicant's business address if different
23    than the applicant's residence address, if performing

 

 

HB5004- 2 -LRB102 23330 RJF 32496 b

1    notarial acts constitutes any portion of the applicant's
2    job duties;
3        (d) that the applicant has resided in the State of
4    Illinois for 30 days preceding the application or that the
5    applicant who is a resident of a state bordering Illinois
6    has worked or maintained a business in Illinois for 30
7    days preceding the application;
8        (e) that the applicant is a citizen of the United
9    States or a noncitizen an alien lawfully admitted for
10    permanent residence in the United States;
11        (f) the applicant's date of birth;
12        (g) that the applicant is able to read and write the
13    English language;
14        (h) that the applicant has never been the holder of a
15    notary public appointment that was revoked or suspended
16    during the past 10 years;
17        (i) that the applicant has not been convicted of a
18    felony;
19        (i-5) that the applicant's signature authorizes the
20    Office of the Secretary of State to conduct a verification
21    to confirm the information provided in the application,
22    including a criminal background check of the applicant, if
23    necessary; and
24        (j) any other information the Secretary of State deems
25    necessary.
26(Source: P.A. 99-112, eff. 1-1-16; 100-809, eff. 1-1-19.)
 

 

 

HB5004- 3 -LRB102 23330 RJF 32496 b

1    (Text of Section after amendment by P.A. 102-160)
2    Sec. 2-102. Application.
3    (a) Application for notary public commission. Every
4applicant for appointment and commission as a notary shall
5complete an application in a format prescribed by the
6Secretary of State to be filed with the Secretary of State,
7stating:
8        (1) the applicant's official name, as it appears on
9    his or her current driver's license or state-issued
10    identification card;
11        (2) the county in which the applicant resides or, if
12    the applicant is a resident of a state bordering Illinois,
13    the county in Illinois in which that person's principal
14    place of work or principal place of business is located;
15        (3) the applicant's residence address, as it appears
16    on his or her current driver's license or state-issued
17    identification card;
18        (4) the applicant's e-mail address;
19        (5) the applicant's business address if different than
20    the applicant's residence address, if performing notarial
21    acts constitutes any portion of the applicant's job
22    duties;
23        (6) that the applicant has resided in the State of
24    Illinois for 30 days preceding the application or that the
25    applicant who is a resident of a state bordering Illinois

 

 

HB5004- 4 -LRB102 23330 RJF 32496 b

1    has worked or maintained a business in Illinois for 30
2    days preceding the application;
3        (7) that the applicant is a citizen of the United
4    States or lawfully admitted for permanent residence in the
5    United States;
6        (8) the applicant's date of birth;
7        (9) that the applicant is proficient in the the
8    English language;
9        (10) that the applicant has not had a prior
10    application or commission revoked due to a finding or
11    decision by the Secretary of State;
12        (11) that the applicant has not been convicted of a
13    felony;
14        (12) that the applicant's signature authorizes the
15    Office of the Secretary of State to conduct a verification
16    to confirm the information provided in the application,
17    including a criminal background check of the applicant, if
18    necessary;
19        (13) that the applicant has provided satisfactory
20    proof to the Secretary of State that the applicant has
21    successfully completed any required course of study on
22    notarization; and
23        (14) any other information the Secretary of State
24    deems necessary.
25    (b) Any notary appointed under subsection (a) shall have
26the authority to conduct remote notarizations.

 

 

HB5004- 5 -LRB102 23330 RJF 32496 b

1    (c) Application for electronic notary public commission.
2An application for an electronic notary public commission must
3be filed with the Secretary of State in a manner prescribed by
4the Secretary of State. Every applicant for appointment and
5commission as an electronic notary public shall complete an
6application to be filed with the Secretary of State, stating:
7        (1) all information required to be included in an
8    application for appointment as an electronic notary
9    public, as provided under subsection (a);
10        (2) that the applicant is commissioned as a notary
11    public under this Act;
12        (3) the applicant's email address;
13        (4) that the applicant has provided satisfactory proof
14    to the Secretary of State that the applicant has
15    successfully completed any required course of study on
16    electronic notarization and passed a qualifying
17    examination;
18        (5) a description of the technology or device that the
19    applicant intends to use to create his or her electronic
20    signature in performing electronic notarial acts;
21        (6) the electronic signature of the applicant; and
22        (7) any other information the Secretary of State deems
23    necessary.
24    (d) Electronic notarial acts. Before an electronic notary
25public performs an electronic notarial act using audio-video
26communication, he or she must be granted an electronic notary

 

 

HB5004- 6 -LRB102 23330 RJF 32496 b

1public commission by the Secretary of State under this
2Section, and identify the technology that the electronic
3notary public intends to use, which must be approved by the
4Secretary of State.
5    (e) Approval of commission. Upon the applicant's
6fulfillment of the requirements for a notarial commission or
7an electronic notary public commission, the Secretary of State
8shall approve the commission and issue to the applicant a
9unique commission number.
10    (f) Rejection of application. The Secretary of State may
11reject an application for a notarial commission or an
12electronic notary public commission if the applicant fails to
13comply with any Section of this Act.
14(Source: P.A. 102-160 (See Section 99 of P.A. 102-160 for
15effective date of P.A. 102-160).)
 
16    Section 10. The Illinois TRUST Act is amended by changing
17Section 10 as follows:
 
18    (5 ILCS 805/10)
19    Sec. 10. Definitions. In this Act:
20    "Citizenship or immigration status" means all matters
21regarding citizenship of the United States or any other
22country or the authority to reside in or otherwise be present
23in the United States.
24    "Civil immigration warrant" means any document that is not

 

 

HB5004- 7 -LRB102 23330 RJF 32496 b

1approved or ordered by a judge that can form the basis for an
2individual's arrest or detention for a civil immigration
3enforcement purpose. "Civil immigration warrant" includes Form
4I-200 "Warrant for the Arrest of Alien", Form I-203 "Order to
5Detain or Release Alien", Form I-205 "Warrant of
6Removal/Deportation", Form I-286 "Notice of Custody
7Determination", any predecessor or successor form, and all
8warrants, hits, or requests contained in the "Immigration
9Violator File" of the FBI's National Crime Information Center
10(NCIC) database. "Civil immigration warrant" does not include
11any criminal warrant.
12    "Contact information" means home address, work address,
13telephone number, electronic mail address, social media
14information, or any other personal identifying information
15that could be used as a means to contact an individual.
16    "Immigration agent" means an agent of federal Immigration
17and Customs Enforcement, federal Customs and Border
18Protection, or any similar or successor agency.
19    "Immigration detainer" means a request to a State or local
20law enforcement agency to provide notice of release or
21maintain custody of an individual based on an alleged
22violation of a civil immigration law, including detainers
23issued under Sections 1226 or 1357 of Title 8 of the United
24States Code or 287.7 or 236.1 of Title 8 of the Code of Federal
25Regulations. "Immigration detainer" includes Form I-247A
26"Immigration Detainer Notice of Action" and any predecessor

 

 

HB5004- 8 -LRB102 23330 RJF 32496 b

1or successor form.
2    "Law enforcement agency" means an agency of the State or
3of a unit of local government charged with enforcement of
4State, county, or municipal laws or with managing custody of
5detained persons in the State.
6    "Law enforcement official" means any individual with the
7power to arrest or detain individuals, including law
8enforcement officers, corrections officer, and others employed
9or designated by a law enforcement agency. "Law enforcement
10official" includes any probation officer.
11(Source: P.A. 102-234, eff. 8-2-21.)
 
12    Section 15. The Department of Commerce and Economic
13Opportunity Law of the Civil Administrative Code of Illinois
14is amended by changing Section 605-800 as follows:
 
15    (20 ILCS 605/605-800)  (was 20 ILCS 605/46.19a in part)
16    Sec. 605-800. Training grants for skills in critical
17demand.
18    (a) Grants to provide training in fields affected by
19critical demands for certain skills may be made as provided in
20this Section.
21    (b) The Director may make grants to eligible employers or
22to other eligible entities on behalf of employers as
23authorized in subsection (c) to provide training for employees
24in fields for which there are critical demands for certain

 

 

HB5004- 9 -LRB102 23330 RJF 32496 b

1skills. No participating employee may be an unauthorized
2noncitizen (a person that is not lawfully admitted for
3permanent residence) alien, as defined in 8 U.S.C. 1324a.
4    (c) The Director may accept applications for training
5grant funds and grant requests from: (i) entities sponsoring
6multi-company eligible employee training projects as defined
7in subsection (d), including business associations, strategic
8business partnerships, institutions of secondary or higher
9education, large manufacturers for supplier network companies,
10federal Job Training Partnership Act administrative entities
11or grant recipients, and labor organizations when those
12projects will address common training needs identified by
13participating companies; and (ii) individual employers that
14are undertaking eligible employee training projects as defined
15in subsection (d), including intermediaries and training
16agents.
17    (d) The Director may make grants to eligible applicants as
18defined in subsection (c) for employee training projects that
19include, but need not be limited to, one or more of the
20following:
21        (1) Training programs in response to new or changing
22    technology being introduced in the workplace.
23        (2) Job-linked training that offers special skills for
24    career advancement or that is preparatory for, and leads
25    directly to, jobs with definite career potential and
26    long-term job security.

 

 

HB5004- 10 -LRB102 23330 RJF 32496 b

1        (3) Training necessary to implement total quality
2    management or improvement or both management and
3    improvement systems within the workplace.
4        (4) Training related to new machinery or equipment.
5        (5) Training of employees of companies that are
6    expanding into new markets or expanding exports from
7    Illinois.
8        (6) Basic, remedial, or both basic and remedial
9    training of employees as a prerequisite for other
10    vocational or technical skills training or as a condition
11    for sustained employment.
12        (7) Self-employment training of the unemployed and
13    underemployed with comprehensive, competency-based
14    instructional programs and services, entrepreneurial
15    education and training initiatives for youth and adult
16    learners in cooperation with the Illinois Institute for
17    Entrepreneurial Education, training and education,
18    conferences, workshops, and best practice information for
19    local program operators of entrepreneurial education and
20    self-employment training programs.
21        (8) Other training activities or projects, or both
22    training activities and projects, related to the support,
23    development, or evaluation of job training programs,
24    activities, and delivery systems, including training needs
25    assessment and design.
26    (e) Grants shall be made on the terms and conditions that

 

 

HB5004- 11 -LRB102 23330 RJF 32496 b

1the Department shall determine. No grant made under subsection
2(d), however, shall exceed 50% of the direct costs of all
3approved training programs provided by the employer or the
4employer's training agent or other entity as defined in
5subsection (c). Under this Section, allowable costs include,
6but are not limited to:
7        (1) Administrative costs of tracking, documenting,
8    reporting, and processing training funds or project costs.
9        (2) Curriculum development.
10        (3) Wages and fringe benefits of employees.
11        (4) Training materials, including scrap product costs.
12        (5) Trainee travel expenses.
13        (6) Instructor costs, including wages, fringe
14    benefits, tuition, and travel expenses.
15        (7) Rent, purchase, or lease of training equipment.
16        (8) Other usual and customary training costs.
17    (f) The Department may conduct on-site grant monitoring
18visits to verify trainee employment dates and wages and to
19ensure that the grantee's financial management system is
20structured to provide for accurate, current, and complete
21disclosure of the financial results of the grant program in
22accordance with all provisions, terms, and conditions
23contained in the grant contract. Each applicant must, on
24request by the Department, provide to the Department a
25notarized certification signed and dated by a duly authorized
26representative of the applicant, or that representative's

 

 

HB5004- 12 -LRB102 23330 RJF 32496 b

1authorized designee, certifying that all participating
2employees are employed at an Illinois facility and, for each
3participating employee, stating the employee's name and
4providing either (i) the employee's social security number or
5(ii) a statement that the applicant has adequate written
6verification that the employee is employed at an Illinois
7facility. The Department may audit the accuracy of
8submissions. Applicants sponsoring multi-company training
9grant programs shall obtain information meeting the
10requirement of this subsection from each participating company
11and provide it to the Department upon request.
12    (g) The Director may establish and collect a schedule of
13charges from subgrantee entities and other system users under
14federal job-training programs for participating in and
15utilizing the Department's automated job-training program
16information systems if the systems and the necessary
17participation and utilization are requirements of the federal
18job-training programs. All monies collected pursuant to this
19subsection shall be deposited into the Federal Workforce
20Training Fund and may be used, subject to appropriation by the
21General Assembly, only for the purpose of financing the
22maintenance and operation of the automated federal
23job-training information systems.
24(Source: P.A. 99-933, eff. 1-27-17.)
 
25    Section 20. The Illinois Guaranteed Job Opportunity Act is

 

 

HB5004- 13 -LRB102 23330 RJF 32496 b

1amended by changing Section 25 as follows:
 
2    (20 ILCS 1510/25)
3    Sec. 25. Program eligibility.
4    (a) General Rule. An individual is eligible to participate
5in the job projects assisted under this Act if the individual:
6        (1) is at least 16 years of age;
7        (2) has resided in the eligible area for at least 30
8    days;
9        (3) has been unemployed for 35 days prior to the
10    determination of employment for job projects assisted
11    under this Act;
12        (4) is a citizen of the United States, is a national of
13    the United States, is a lawfully admitted permanent
14    resident noncitizen alien, is a lawfully admitted refugee
15    or parolee, or is otherwise authorized by the United
16    States Attorney General to work in the United States; and
17        (5) is a recipient of assistance under Article IV of
18    the Illinois Public Aid Code.
19    (b) Limitations.
20        (1) (Blank).
21        (2) (Blank).
22        (3) No individual participating in the job opportunity
23    project assisted under this Act may work in any
24    compensated job other than the job assisted under this Act
25    for more than 20 hours per week.

 

 

HB5004- 14 -LRB102 23330 RJF 32496 b

1        (4) Individuals participating under this Act shall
2    seek employment during the period of employment assisted
3    under this Act.
4        (5) Any individual eligible for retirement benefits
5    under the Social Security Act, under any retirement system
6    for Federal Government employees, under the railroad
7    retirement system, under the military retirement system,
8    under a State or local government pension plan or
9    retirement system, or any private pension program is not
10    eligible to receive a job under a job project assisted
11    under this Act.
12(Source: P.A. 93-46, eff. 7-1-03.)
 
13    Section 25. The Illinois Income Tax Act is amended by
14changing Section 1501 as follows:
 
15    (35 ILCS 5/1501)  (from Ch. 120, par. 15-1501)
16    Sec. 1501. Definitions.
17    (a) In general. When used in this Act, where not otherwise
18distinctly expressed or manifestly incompatible with the
19intent thereof:
20        (1) Business income. The term "business income" means
21    all income that may be treated as apportionable business
22    income under the Constitution of the United States.
23    Business income is net of the deductions allocable
24    thereto. Such term does not include compensation or the

 

 

HB5004- 15 -LRB102 23330 RJF 32496 b

1    deductions allocable thereto. For each taxable year
2    beginning on or after January 1, 2003, a taxpayer may
3    elect to treat all income other than compensation as
4    business income. This election shall be made in accordance
5    with rules adopted by the Department and, once made, shall
6    be irrevocable.
7        (1.5) Captive real estate investment trust:
8            (A) The term "captive real estate investment
9        trust" means a corporation, trust, or association:
10                (i) that is considered a real estate
11            investment trust for the taxable year under
12            Section 856 of the Internal Revenue Code;
13                (ii) the certificates of beneficial interest
14            or shares of which are not regularly traded on an
15            established securities market; and
16                (iii) of which more than 50% of the voting
17            power or value of the beneficial interest or
18            shares, at any time during the last half of the
19            taxable year, is owned or controlled, directly,
20            indirectly, or constructively, by a single
21            corporation.
22            (B) The term "captive real estate investment
23        trust" does not include:
24                (i) a real estate investment trust of which
25            more than 50% of the voting power or value of the
26            beneficial interest or shares is owned or

 

 

HB5004- 16 -LRB102 23330 RJF 32496 b

1            controlled, directly, indirectly, or
2            constructively, by:
3                    (a) a real estate investment trust, other
4                than a captive real estate investment trust;
5                    (b) a person who is exempt from taxation
6                under Section 501 of the Internal Revenue
7                Code, and who is not required to treat income
8                received from the real estate investment trust
9                as unrelated business taxable income under
10                Section 512 of the Internal Revenue Code;
11                    (c) a listed Australian property trust, if
12                no more than 50% of the voting power or value
13                of the beneficial interest or shares of that
14                trust, at any time during the last half of the
15                taxable year, is owned or controlled, directly
16                or indirectly, by a single person;
17                    (d) an entity organized as a trust,
18                provided a listed Australian property trust
19                described in subparagraph (c) owns or
20                controls, directly or indirectly, or
21                constructively, 75% or more of the voting
22                power or value of the beneficial interests or
23                shares of such entity; or
24                    (e) an entity that is organized outside of
25                the laws of the United States and that
26                satisfies all of the following criteria:

 

 

HB5004- 17 -LRB102 23330 RJF 32496 b

1                        (1) at least 75% of the entity's total
2                    asset value at the close of its taxable
3                    year is represented by real estate assets
4                    (as defined in Section 856(c)(5)(B) of the
5                    Internal Revenue Code, thereby including
6                    shares or certificates of beneficial
7                    interest in any real estate investment
8                    trust), cash and cash equivalents, and
9                    U.S. Government securities;
10                        (2) the entity is not subject to tax
11                    on amounts that are distributed to its
12                    beneficial owners or is exempt from
13                    entity-level taxation;
14                        (3) the entity distributes at least
15                    85% of its taxable income (as computed in
16                    the jurisdiction in which it is organized)
17                    to the holders of its shares or
18                    certificates of beneficial interest on an
19                    annual basis;
20                        (4) either (i) the shares or
21                    beneficial interests of the entity are
22                    regularly traded on an established
23                    securities market or (ii) not more than
24                    10% of the voting power or value in the
25                    entity is held, directly, indirectly, or
26                    constructively, by a single entity or

 

 

HB5004- 18 -LRB102 23330 RJF 32496 b

1                    individual; and
2                        (5) the entity is organized in a
3                    country that has entered into a tax treaty
4                    with the United States; or
5                (ii) during its first taxable year for which
6            it elects to be treated as a real estate
7            investment trust under Section 856(c)(1) of the
8            Internal Revenue Code, a real estate investment
9            trust the certificates of beneficial interest or
10            shares of which are not regularly traded on an
11            established securities market, but only if the
12            certificates of beneficial interest or shares of
13            the real estate investment trust are regularly
14            traded on an established securities market prior
15            to the earlier of the due date (including
16            extensions) for filing its return under this Act
17            for that first taxable year or the date it
18            actually files that return.
19            (C) For the purposes of this subsection (1.5), the
20        constructive ownership rules prescribed under Section
21        318(a) of the Internal Revenue Code, as modified by
22        Section 856(d)(5) of the Internal Revenue Code, apply
23        in determining the ownership of stock, assets, or net
24        profits of any person.
25            (D) For the purposes of this item (1.5), for
26        taxable years ending on or after August 16, 2007, the

 

 

HB5004- 19 -LRB102 23330 RJF 32496 b

1        voting power or value of the beneficial interest or
2        shares of a real estate investment trust does not
3        include any voting power or value of beneficial
4        interest or shares in a real estate investment trust
5        held directly or indirectly in a segregated asset
6        account by a life insurance company (as described in
7        Section 817 of the Internal Revenue Code) to the
8        extent such voting power or value is for the benefit of
9        entities or persons who are either immune from
10        taxation or exempt from taxation under subtitle A of
11        the Internal Revenue Code.
12        (2) Commercial domicile. The term "commercial
13    domicile" means the principal place from which the trade
14    or business of the taxpayer is directed or managed.
15        (3) Compensation. The term "compensation" means wages,
16    salaries, commissions and any other form of remuneration
17    paid to employees for personal services.
18        (4) Corporation. The term "corporation" includes
19    associations, joint-stock companies, insurance companies
20    and cooperatives. Any entity, including a limited
21    liability company formed under the Illinois Limited
22    Liability Company Act, shall be treated as a corporation
23    if it is so classified for federal income tax purposes.
24        (5) Department. The term "Department" means the
25    Department of Revenue of this State.
26        (6) Director. The term "Director" means the Director

 

 

HB5004- 20 -LRB102 23330 RJF 32496 b

1    of Revenue of this State.
2        (7) Fiduciary. The term "fiduciary" means a guardian,
3    trustee, executor, administrator, receiver, or any person
4    acting in any fiduciary capacity for any person.
5        (8) Financial organization.
6            (A) The term "financial organization" means any
7        bank, bank holding company, trust company, savings
8        bank, industrial bank, land bank, safe deposit
9        company, private banker, savings and loan association,
10        building and loan association, credit union, currency
11        exchange, cooperative bank, small loan company, sales
12        finance company, investment company, or any person
13        which is owned by a bank or bank holding company. For
14        the purpose of this Section a "person" will include
15        only those persons which a bank holding company may
16        acquire and hold an interest in, directly or
17        indirectly, under the provisions of the Bank Holding
18        Company Act of 1956 (12 U.S.C. 1841, et seq.), except
19        where interests in any person must be disposed of
20        within certain required time limits under the Bank
21        Holding Company Act of 1956.
22            (B) For purposes of subparagraph (A) of this
23        paragraph, the term "bank" includes (i) any entity
24        that is regulated by the Comptroller of the Currency
25        under the National Bank Act, or by the Federal Reserve
26        Board, or by the Federal Deposit Insurance Corporation

 

 

HB5004- 21 -LRB102 23330 RJF 32496 b

1        and (ii) any federally or State chartered bank
2        operating as a credit card bank.
3            (C) For purposes of subparagraph (A) of this
4        paragraph, the term "sales finance company" has the
5        meaning provided in the following item (i) or (ii):
6                (i) A person primarily engaged in one or more
7            of the following businesses: the business of
8            purchasing customer receivables, the business of
9            making loans upon the security of customer
10            receivables, the business of making loans for the
11            express purpose of funding purchases of tangible
12            personal property or services by the borrower, or
13            the business of finance leasing. For purposes of
14            this item (i), "customer receivable" means:
15                    (a) a retail installment contract or
16                retail charge agreement within the meaning of
17                the Sales Finance Agency Act, the Retail
18                Installment Sales Act, or the Motor Vehicle
19                Retail Installment Sales Act;
20                    (b) an installment, charge, credit, or
21                similar contract or agreement arising from the
22                sale of tangible personal property or services
23                in a transaction involving a deferred payment
24                price payable in one or more installments
25                subsequent to the sale; or
26                    (c) the outstanding balance of a contract

 

 

HB5004- 22 -LRB102 23330 RJF 32496 b

1                or agreement described in provisions (a) or
2                (b) of this item (i).
3                A customer receivable need not provide for
4            payment of interest on deferred payments. A sales
5            finance company may purchase a customer receivable
6            from, or make a loan secured by a customer
7            receivable to, the seller in the original
8            transaction or to a person who purchased the
9            customer receivable directly or indirectly from
10            that seller.
11                (ii) A corporation meeting each of the
12            following criteria:
13                    (a) the corporation must be a member of an
14                "affiliated group" within the meaning of
15                Section 1504(a) of the Internal Revenue Code,
16                determined without regard to Section 1504(b)
17                of the Internal Revenue Code;
18                    (b) more than 50% of the gross income of
19                the corporation for the taxable year must be
20                interest income derived from qualifying loans.
21                A "qualifying loan" is a loan made to a member
22                of the corporation's affiliated group that
23                originates customer receivables (within the
24                meaning of item (i)) or to whom customer
25                receivables originated by a member of the
26                affiliated group have been transferred, to the

 

 

HB5004- 23 -LRB102 23330 RJF 32496 b

1                extent the average outstanding balance of
2                loans from that corporation to members of its
3                affiliated group during the taxable year do
4                not exceed the limitation amount for that
5                corporation. The "limitation amount" for a
6                corporation is the average outstanding
7                balances during the taxable year of customer
8                receivables (within the meaning of item (i))
9                originated by all members of the affiliated
10                group. If the average outstanding balances of
11                the loans made by a corporation to members of
12                its affiliated group exceed the limitation
13                amount, the interest income of that
14                corporation from qualifying loans shall be
15                equal to its interest income from loans to
16                members of its affiliated groups times a
17                fraction equal to the limitation amount
18                divided by the average outstanding balances of
19                the loans made by that corporation to members
20                of its affiliated group;
21                    (c) the total of all shareholder's equity
22                (including, without limitation, paid-in
23                capital on common and preferred stock and
24                retained earnings) of the corporation plus the
25                total of all of its loans, advances, and other
26                obligations payable or owed to members of its

 

 

HB5004- 24 -LRB102 23330 RJF 32496 b

1                affiliated group may not exceed 20% of the
2                total assets of the corporation at any time
3                during the tax year; and
4                    (d) more than 50% of all interest-bearing
5                obligations of the affiliated group payable to
6                persons outside the group determined in
7                accordance with generally accepted accounting
8                principles must be obligations of the
9                corporation.
10            This amendatory Act of the 91st General Assembly
11        is declaratory of existing law.
12            (D) Subparagraphs (B) and (C) of this paragraph
13        are declaratory of existing law and apply
14        retroactively, for all tax years beginning on or
15        before December 31, 1996, to all original returns, to
16        all amended returns filed no later than 30 days after
17        the effective date of this amendatory Act of 1996, and
18        to all notices issued on or before the effective date
19        of this amendatory Act of 1996 under subsection (a) of
20        Section 903, subsection (a) of Section 904, subsection
21        (e) of Section 909, or Section 912. A taxpayer that is
22        a "financial organization" that engages in any
23        transaction with an affiliate shall be a "financial
24        organization" for all purposes of this Act.
25            (E) For all tax years beginning on or before
26        December 31, 1996, a taxpayer that falls within the

 

 

HB5004- 25 -LRB102 23330 RJF 32496 b

1        definition of a "financial organization" under
2        subparagraphs (B) or (C) of this paragraph, but who
3        does not fall within the definition of a "financial
4        organization" under the Proposed Regulations issued by
5        the Department of Revenue on July 19, 1996, may
6        irrevocably elect to apply the Proposed Regulations
7        for all of those years as though the Proposed
8        Regulations had been lawfully promulgated, adopted,
9        and in effect for all of those years. For purposes of
10        applying subparagraphs (B) or (C) of this paragraph to
11        all of those years, the election allowed by this
12        subparagraph applies only to the taxpayer making the
13        election and to those members of the taxpayer's
14        unitary business group who are ordinarily required to
15        apportion business income under the same subsection of
16        Section 304 of this Act as the taxpayer making the
17        election. No election allowed by this subparagraph
18        shall be made under a claim filed under subsection (d)
19        of Section 909 more than 30 days after the effective
20        date of this amendatory Act of 1996.
21            (F) Finance Leases. For purposes of this
22        subsection, a finance lease shall be treated as a loan
23        or other extension of credit, rather than as a lease,
24        regardless of how the transaction is characterized for
25        any other purpose, including the purposes of any
26        regulatory agency to which the lessor is subject. A

 

 

HB5004- 26 -LRB102 23330 RJF 32496 b

1        finance lease is any transaction in the form of a lease
2        in which the lessee is treated as the owner of the
3        leased asset entitled to any deduction for
4        depreciation allowed under Section 167 of the Internal
5        Revenue Code.
6        (9) Fiscal year. The term "fiscal year" means an
7    accounting period of 12 months ending on the last day of
8    any month other than December.
9        (9.5) Fixed place of business. The term "fixed place
10    of business" has the same meaning as that term is given in
11    Section 864 of the Internal Revenue Code and the related
12    Treasury regulations.
13        (10) Includes and including. The terms "includes" and
14    "including" when used in a definition contained in this
15    Act shall not be deemed to exclude other things otherwise
16    within the meaning of the term defined.
17        (11) Internal Revenue Code. The term "Internal Revenue
18    Code" means the United States Internal Revenue Code of
19    1954 or any successor law or laws relating to federal
20    income taxes in effect for the taxable year.
21        (11.5) Investment partnership.
22            (A) The term "investment partnership" means any
23        entity that is treated as a partnership for federal
24        income tax purposes that meets the following
25        requirements:
26                (i) no less than 90% of the partnership's cost

 

 

HB5004- 27 -LRB102 23330 RJF 32496 b

1            of its total assets consists of qualifying
2            investment securities, deposits at banks or other
3            financial institutions, and office space and
4            equipment reasonably necessary to carry on its
5            activities as an investment partnership;
6                (ii) no less than 90% of its gross income
7            consists of interest, dividends, and gains from
8            the sale or exchange of qualifying investment
9            securities; and
10                (iii) the partnership is not a dealer in
11            qualifying investment securities.
12            (B) For purposes of this paragraph (11.5), the
13        term "qualifying investment securities" includes all
14        of the following:
15                (i) common stock, including preferred or debt
16            securities convertible into common stock, and
17            preferred stock;
18                (ii) bonds, debentures, and other debt
19            securities;
20                (iii) foreign and domestic currency deposits
21            secured by federal, state, or local governmental
22            agencies;
23                (iv) mortgage or asset-backed securities
24            secured by federal, state, or local governmental
25            agencies;
26                (v) repurchase agreements and loan

 

 

HB5004- 28 -LRB102 23330 RJF 32496 b

1            participations;
2                (vi) foreign currency exchange contracts and
3            forward and futures contracts on foreign
4            currencies;
5                (vii) stock and bond index securities and
6            futures contracts and other similar financial
7            securities and futures contracts on those
8            securities;
9                (viii) options for the purchase or sale of any
10            of the securities, currencies, contracts, or
11            financial instruments described in items (i) to
12            (vii), inclusive;
13                (ix) regulated futures contracts;
14                (x) commodities (not described in Section
15            1221(a)(1) of the Internal Revenue Code) or
16            futures, forwards, and options with respect to
17            such commodities, provided, however, that any item
18            of a physical commodity to which title is actually
19            acquired in the partnership's capacity as a dealer
20            in such commodity shall not be a qualifying
21            investment security;
22                (xi) derivatives; and
23                (xii) a partnership interest in another
24            partnership that is an investment partnership.
25        (12) Mathematical error. The term "mathematical error"
26    includes the following types of errors, omissions, or

 

 

HB5004- 29 -LRB102 23330 RJF 32496 b

1    defects in a return filed by a taxpayer which prevents
2    acceptance of the return as filed for processing:
3            (A) arithmetic errors or incorrect computations on
4        the return or supporting schedules;
5            (B) entries on the wrong lines;
6            (C) omission of required supporting forms or
7        schedules or the omission of the information in whole
8        or in part called for thereon; and
9            (D) an attempt to claim, exclude, deduct, or
10        improperly report, in a manner directly contrary to
11        the provisions of the Act and regulations thereunder
12        any item of income, exemption, deduction, or credit.
13        (13) Nonbusiness income. The term "nonbusiness income"
14    means all income other than business income or
15    compensation.
16        (14) Nonresident. The term "nonresident" means a
17    person who is not a resident.
18        (15) Paid, incurred and accrued. The terms "paid",
19    "incurred" and "accrued" shall be construed according to
20    the method of accounting upon the basis of which the
21    person's base income is computed under this Act.
22        (16) Partnership and partner. The term "partnership"
23    includes a syndicate, group, pool, joint venture or other
24    unincorporated organization, through or by means of which
25    any business, financial operation, or venture is carried
26    on, and which is not, within the meaning of this Act, a

 

 

HB5004- 30 -LRB102 23330 RJF 32496 b

1    trust or estate or a corporation; and the term "partner"
2    includes a member in such syndicate, group, pool, joint
3    venture or organization.
4        The term "partnership" includes any entity, including
5    a limited liability company formed under the Illinois
6    Limited Liability Company Act, classified as a partnership
7    for federal income tax purposes.
8        The term "partnership" does not include a syndicate,
9    group, pool, joint venture, or other unincorporated
10    organization established for the sole purpose of playing
11    the Illinois State Lottery.
12        (17) Part-year resident. The term "part-year resident"
13    means an individual who became a resident during the
14    taxable year or ceased to be a resident during the taxable
15    year. Under Section 1501(a)(20)(A)(i) residence commences
16    with presence in this State for other than a temporary or
17    transitory purpose and ceases with absence from this State
18    for other than a temporary or transitory purpose. Under
19    Section 1501(a)(20)(A)(ii) residence commences with the
20    establishment of domicile in this State and ceases with
21    the establishment of domicile in another State.
22        (18) Person. The term "person" shall be construed to
23    mean and include an individual, a trust, estate,
24    partnership, association, firm, company, corporation,
25    limited liability company, or fiduciary. For purposes of
26    Section 1301 and 1302 of this Act, a "person" means (i) an

 

 

HB5004- 31 -LRB102 23330 RJF 32496 b

1    individual, (ii) a corporation, (iii) an officer, agent,
2    or employee of a corporation, (iv) a member, agent or
3    employee of a partnership, or (v) a member, manager,
4    employee, officer, director, or agent of a limited
5    liability company who in such capacity commits an offense
6    specified in Section 1301 and 1302.
7        (18A) Records. The term "records" includes all data
8    maintained by the taxpayer, whether on paper, microfilm,
9    microfiche, or any type of machine-sensible data
10    compilation.
11        (19) Regulations. The term "regulations" includes
12    rules promulgated and forms prescribed by the Department.
13        (20) Resident. The term "resident" means:
14            (A) an individual (i) who is in this State for
15        other than a temporary or transitory purpose during
16        the taxable year; or (ii) who is domiciled in this
17        State but is absent from the State for a temporary or
18        transitory purpose during the taxable year;
19            (B) The estate of a decedent who at his or her
20        death was domiciled in this State;
21            (C) A trust created by a will of a decedent who at
22        his death was domiciled in this State; and
23            (D) An irrevocable trust, the grantor of which was
24        domiciled in this State at the time such trust became
25        irrevocable. For purpose of this subparagraph, a trust
26        shall be considered irrevocable to the extent that the

 

 

HB5004- 32 -LRB102 23330 RJF 32496 b

1        grantor is not treated as the owner thereof under
2        Sections 671 through 678 of the Internal Revenue Code.
3        (21) Sales. The term "sales" means all gross receipts
4    of the taxpayer not allocated under Sections 301, 302 and
5    303.
6        (22) State. The term "state" when applied to a
7    jurisdiction other than this State means any state of the
8    United States, the District of Columbia, the Commonwealth
9    of Puerto Rico, any Territory or Possession of the United
10    States, and any foreign country, or any political
11    subdivision of any of the foregoing. For purposes of the
12    foreign tax credit under Section 601, the term "state"
13    means any state of the United States, the District of
14    Columbia, the Commonwealth of Puerto Rico, and any
15    territory or possession of the United States, or any
16    political subdivision of any of the foregoing, effective
17    for tax years ending on or after December 31, 1989.
18        (23) Taxable year. The term "taxable year" means the
19    calendar year, or the fiscal year ending during such
20    calendar year, upon the basis of which the base income is
21    computed under this Act. "Taxable year" means, in the case
22    of a return made for a fractional part of a year under the
23    provisions of this Act, the period for which such return
24    is made.
25        (24) Taxpayer. The term "taxpayer" means any person
26    subject to the tax imposed by this Act.

 

 

HB5004- 33 -LRB102 23330 RJF 32496 b

1        (25) International banking facility. The term
2    international banking facility shall have the same meaning
3    as is set forth in the Illinois Banking Act or as is set
4    forth in the laws of the United States or regulations of
5    the Board of Governors of the Federal Reserve System.
6        (26) Income Tax Return Preparer.
7            (A) The term "income tax return preparer" means
8        any person who prepares for compensation, or who
9        employs one or more persons to prepare for
10        compensation, any return of tax imposed by this Act or
11        any claim for refund of tax imposed by this Act. The
12        preparation of a substantial portion of a return or
13        claim for refund shall be treated as the preparation
14        of that return or claim for refund.
15            (B) A person is not an income tax return preparer
16        if all he or she does is
17                (i) furnish typing, reproducing, or other
18            mechanical assistance;
19                (ii) prepare returns or claims for refunds for
20            the employer by whom he or she is regularly and
21            continuously employed;
22                (iii) prepare as a fiduciary returns or claims
23            for refunds for any person; or
24                (iv) prepare claims for refunds for a taxpayer
25            in response to any notice of deficiency issued to
26            that taxpayer or in response to any waiver of

 

 

HB5004- 34 -LRB102 23330 RJF 32496 b

1            restriction after the commencement of an audit of
2            that taxpayer or of another taxpayer if a
3            determination in the audit of the other taxpayer
4            directly or indirectly affects the tax liability
5            of the taxpayer whose claims he or she is
6            preparing.
7        (27) Unitary business group.
8            (A) The term "unitary business group" means a
9        group of persons related through common ownership
10        whose business activities are integrated with,
11        dependent upon and contribute to each other. The group
12        will not include those members whose business activity
13        outside the United States is 80% or more of any such
14        member's total business activity; for purposes of this
15        paragraph and clause (a)(3)(B)(ii) of Section 304,
16        business activity within the United States shall be
17        measured by means of the factors ordinarily applicable
18        under subsections (a), (b), (c), (d), or (h) of
19        Section 304 except that, in the case of members
20        ordinarily required to apportion business income by
21        means of the 3 factor formula of property, payroll and
22        sales specified in subsection (a) of Section 304,
23        including the formula as weighted in subsection (h) of
24        Section 304, such members shall not use the sales
25        factor in the computation and the results of the
26        property and payroll factor computations of subsection

 

 

HB5004- 35 -LRB102 23330 RJF 32496 b

1        (a) of Section 304 shall be divided by 2 (by one if
2        either the property or payroll factor has a
3        denominator of zero). The computation required by the
4        preceding sentence shall, in each case, involve the
5        division of the member's property, payroll, or revenue
6        miles in the United States, insurance premiums on
7        property or risk in the United States, or financial
8        organization business income from sources within the
9        United States, as the case may be, by the respective
10        worldwide figures for such items. Common ownership in
11        the case of corporations is the direct or indirect
12        control or ownership of more than 50% of the
13        outstanding voting stock of the persons carrying on
14        unitary business activity. Unitary business activity
15        can ordinarily be illustrated where the activities of
16        the members are: (1) in the same general line (such as
17        manufacturing, wholesaling, retailing of tangible
18        personal property, insurance, transportation or
19        finance); or (2) are steps in a vertically structured
20        enterprise or process (such as the steps involved in
21        the production of natural resources, which might
22        include exploration, mining, refining, and marketing);
23        and, in either instance, the members are functionally
24        integrated through the exercise of strong centralized
25        management (where, for example, authority over such
26        matters as purchasing, financing, tax compliance,

 

 

HB5004- 36 -LRB102 23330 RJF 32496 b

1        product line, personnel, marketing and capital
2        investment is not left to each member).
3            (B) In no event, for taxable years ending prior to
4        December 31, 2017, shall any unitary business group
5        include members which are ordinarily required to
6        apportion business income under different subsections
7        of Section 304 except that for tax years ending on or
8        after December 31, 1987 this prohibition shall not
9        apply to a holding company that would otherwise be a
10        member of a unitary business group with taxpayers that
11        apportion business income under any of subsections
12        (b), (c), (c-1), or (d) of Section 304. If a unitary
13        business group would, but for the preceding sentence,
14        include members that are ordinarily required to
15        apportion business income under different subsections
16        of Section 304, then for each subsection of Section
17        304 for which there are two or more members, there
18        shall be a separate unitary business group composed of
19        such members. For purposes of the preceding two
20        sentences, a member is "ordinarily required to
21        apportion business income" under a particular
22        subsection of Section 304 if it would be required to
23        use the apportionment method prescribed by such
24        subsection except for the fact that it derives
25        business income solely from Illinois. As used in this
26        paragraph, for taxable years ending before December

 

 

HB5004- 37 -LRB102 23330 RJF 32496 b

1        31, 2017, the phrase "United States" means only the 50
2        states and the District of Columbia, but does not
3        include any territory or possession of the United
4        States or any area over which the United States has
5        asserted jurisdiction or claimed exclusive rights with
6        respect to the exploration for or exploitation of
7        natural resources. For taxable years ending on or
8        after December 31, 2017, the phrase "United States",
9        as used in this paragraph, means only the 50 states,
10        the District of Columbia, and any area over which the
11        United States has asserted jurisdiction or claimed
12        exclusive rights with respect to the exploration for
13        or exploitation of natural resources, but does not
14        include any territory or possession of the United
15        States.
16            (C) Holding companies.
17                (i) For purposes of this subparagraph, a
18            "holding company" is a corporation (other than a
19            corporation that is a financial organization under
20            paragraph (8) of this subsection (a) of Section
21            1501 because it is a bank holding company under
22            the provisions of the Bank Holding Company Act of
23            1956 (12 U.S.C. 1841, et seq.) or because it is
24            owned by a bank or a bank holding company) that
25            owns a controlling interest in one or more other
26            taxpayers ("controlled taxpayers"); that, during

 

 

HB5004- 38 -LRB102 23330 RJF 32496 b

1            the period that includes the taxable year and the
2            2 immediately preceding taxable years or, if the
3            corporation was formed during the current or
4            immediately preceding taxable year, the taxable
5            years in which the corporation has been in
6            existence, derived substantially all its gross
7            income from dividends, interest, rents, royalties,
8            fees or other charges received from controlled
9            taxpayers for the provision of services, and gains
10            on the sale or other disposition of interests in
11            controlled taxpayers or in property leased or
12            licensed to controlled taxpayers or used by the
13            taxpayer in providing services to controlled
14            taxpayers; and that incurs no substantial expenses
15            other than expenses (including interest and other
16            costs of borrowing) incurred in connection with
17            the acquisition and holding of interests in
18            controlled taxpayers and in the provision of
19            services to controlled taxpayers or in the leasing
20            or licensing of property to controlled taxpayers.
21                (ii) The income of a holding company which is
22            a member of more than one unitary business group
23            shall be included in each unitary business group
24            of which it is a member on a pro rata basis, by
25            including in each unitary business group that
26            portion of the base income of the holding company

 

 

HB5004- 39 -LRB102 23330 RJF 32496 b

1            that bears the same proportion to the total base
2            income of the holding company as the gross
3            receipts of the unitary business group bears to
4            the combined gross receipts of all unitary
5            business groups (in both cases without regard to
6            the holding company) or on any other reasonable
7            basis, consistently applied.
8                (iii) A holding company shall apportion its
9            business income under the subsection of Section
10            304 used by the other members of its unitary
11            business group. The apportionment factors of a
12            holding company which would be a member of more
13            than one unitary business group shall be included
14            with the apportionment factors of each unitary
15            business group of which it is a member on a pro
16            rata basis using the same method used in clause
17            (ii).
18                (iv) The provisions of this subparagraph (C)
19            are intended to clarify existing law.
20            (D) If including the base income and factors of a
21        holding company in more than one unitary business
22        group under subparagraph (C) does not fairly reflect
23        the degree of integration between the holding company
24        and one or more of the unitary business groups, the
25        dependence of the holding company and one or more of
26        the unitary business groups upon each other, or the

 

 

HB5004- 40 -LRB102 23330 RJF 32496 b

1        contributions between the holding company and one or
2        more of the unitary business groups, the holding
3        company may petition the Director, under the
4        procedures provided under Section 304(f), for
5        permission to include all base income and factors of
6        the holding company only with members of a unitary
7        business group apportioning their business income
8        under one subsection of subsections (a), (b), (c), or
9        (d) of Section 304. If the petition is granted, the
10        holding company shall be included in a unitary
11        business group only with persons apportioning their
12        business income under the selected subsection of
13        Section 304 until the Director grants a petition of
14        the holding company either to be included in more than
15        one unitary business group under subparagraph (C) or
16        to include its base income and factors only with
17        members of a unitary business group apportioning their
18        business income under a different subsection of
19        Section 304.
20            (E) If the unitary business group members'
21        accounting periods differ, the common parent's
22        accounting period or, if there is no common parent,
23        the accounting period of the member that is expected
24        to have, on a recurring basis, the greatest Illinois
25        income tax liability must be used to determine whether
26        to use the apportionment method provided in subsection

 

 

HB5004- 41 -LRB102 23330 RJF 32496 b

1        (a) or subsection (h) of Section 304. The prohibition
2        against membership in a unitary business group for
3        taxpayers ordinarily required to apportion income
4        under different subsections of Section 304 does not
5        apply to taxpayers required to apportion income under
6        subsection (a) and subsection (h) of Section 304. The
7        provisions of this amendatory Act of 1998 apply to tax
8        years ending on or after December 31, 1998.
9        (28) Subchapter S corporation. The term "Subchapter S
10    corporation" means a corporation for which there is in
11    effect an election under Section 1362 of the Internal
12    Revenue Code, or for which there is a federal election to
13    opt out of the provisions of the Subchapter S Revision Act
14    of 1982 and have applied instead the prior federal
15    Subchapter S rules as in effect on July 1, 1982.
16        (30) Foreign person. The term "foreign person" means
17    any person who is a nonresident noncitizen alien
18    individual and any nonindividual entity, regardless of
19    where created or organized, whose business activity
20    outside the United States is 80% or more of the entity's
21    total business activity.
 
22    (b) Other definitions.
23        (1) Words denoting number, gender, and so forth, when
24    used in this Act, where not otherwise distinctly expressed
25    or manifestly incompatible with the intent thereof:

 

 

HB5004- 42 -LRB102 23330 RJF 32496 b

1            (A) Words importing the singular include and apply
2        to several persons, parties or things;
3            (B) Words importing the plural include the
4        singular; and
5            (C) Words importing the masculine gender include
6        the feminine as well.
7        (2) "Company" or "association" as including successors
8    and assigns. The word "company" or "association", when
9    used in reference to a corporation, shall be deemed to
10    embrace the words "successors and assigns of such company
11    or association", and in like manner as if these last-named
12    words, or words of similar import, were expressed.
13        (3) Other terms. Any term used in any Section of this
14    Act with respect to the application of, or in connection
15    with, the provisions of any other Section of this Act
16    shall have the same meaning as in such other Section.
17(Source: P.A. 99-213, eff. 7-31-15; 100-22, eff. 7-6-17.)
 
18    Section 30. The Counties Code is amended by changing
19Section 3-12007 as follows:
 
20    (55 ILCS 5/3-12007)  (from Ch. 34, par. 3-12007)
21    Sec. 3-12007. Proposed rules for classified service. (a)
22The Director of Personnel shall prepare and submit to the
23commission proposed rules for the classified service. The
24director shall give at least 10 days' notice to the heads of

 

 

HB5004- 43 -LRB102 23330 RJF 32496 b

1all departments or agencies affected and they shall be given
2an opportunity, upon their request, to appear before the
3commission to express their views thereon before action is
4taken by the commission.
5    (b) The rules, as adopted pursuant to subsection (a) of
6Section 3-12005 shall provide for:
7    (1) preparation, maintenance and revision of a position
8classification plan for all positions in the classified
9service, based upon the similarity of duties performed and
10responsibilities assumed, so that the same qualifications may
11reasonably be required and the same schedule of pay may be
12applied to all positions in the same class. Each position
13authorized by the Board shall be allocated by the director to
14the proper class and assigned to the appropriate pay range for
15that class.
16    (2) promotion which shall give appropriate consideration
17to the applicant's qualifications, record of performance,
18seniority, and conduct. Vacancies shall be filled by promotion
19whenever practicable and in the best interest of the county
20service, and preference may be given to employees within the
21department in which the vacancy occurs.
22    (3) open competitive examinations to determine the
23relative fitness of applicants for the respective competitive
24positions.
25    (4) competitive selection of employees for all classes in
26the classified service.

 

 

HB5004- 44 -LRB102 23330 RJF 32496 b

1    (5) establishment of lists of eligibles for appointment
2and promotion, upon which lists shall be placed the names of
3successful candidates in the order of their relative
4excellence in the respective examinations. The duration of
5eligible lists for initial appointment shall be for no more
6than one year unless extended by the director for not more than
7one additional year; lists of eligibles for promotion shall be
8maintained for as long as the tests on which they are based are
9considered valid by the director.
10    (6) certification by the director to the appointing
11authorities of not more than the top 5 names from the list of
12eligibles for a single vacancy.
13    (7) rejection of candidates who do not comply with
14reasonable job requirements in regard to such factors as age,
15physical condition, training and experience, or who are
16addicted to alcohol or narcotics or have been guilty of
17infamous or disgraceful conduct or are illegal noncitizens
18aliens.
19    (8) periods of probationary employment. During the initial
20probation period following appointment any employee may be
21discharged or demoted without charges or hearing except that
22any applicant or employee, regardless of status, who has
23reason to believe that he/she has been discriminated against
24because of religious opinions or affiliation, or race, sex, or
25national origin in any personnel action may appeal to the
26commission in accordance with the provisions of this Division

 

 

HB5004- 45 -LRB102 23330 RJF 32496 b

1or in appropriate rules established by the commission pursuant
2to subsection (a) of Section 3-12005.
3    (9) provisional employment without competitive
4examinations when there is no appropriate eligible list
5available. No person hired as a provisional employee shall
6continue on the county payroll longer than 6 months per
7calendar year nor shall successive provisional appointments be
8allowed.
9    (10) transfer from a position in one department to a
10position in another department involving similar
11qualifications, duties, responsibilities and salary.
12    (11) procedures for authorized reinstatement within one
13year of persons who resign in good standing.
14    (12) layoff by reason of lack of funds or work or abolition
15of the position, or material changes in duties or
16organization, and for the layoff of nontenured employees
17first, and for the reemployment of permanent employees so laid
18off, giving consideration in both layoff and reemployment to
19performance record and seniority in service.
20    (13) keeping records of performance of all employees in
21the classified service.
22    (14) suspension, demotion or dismissal of an employee for
23misconduct, inefficiency, incompetence, insubordination,
24malfeasance or other unfitness to render effective service and
25for the investigation and hearing of appeals of any employee
26recommended for suspension, demotion or dismissal by a

 

 

HB5004- 46 -LRB102 23330 RJF 32496 b

1department head for any of the foregoing reasons.
2    (15) establishment of a plan for resolving employee
3grievances and complaints, including an appeals procedure.
4    (16) hours of work, holidays and attendance regulations,
5and for annual, sick and special leaves of absence, with or
6without pay, or at reduced pay.
7    (17) development of employee morale, safety and training
8programs.
9    (18) establishment of a period of probation, the length of
10which shall be determined by the complexity of the work
11involved, but which shall not exceed one year without special
12written approval from the commission.
13    (19) such other rules, not inconsistent with this
14Division, as may be proper and necessary for its enforcement.
15(Source: P.A. 86-962.)
 
16    Section 35. The Metropolitan Water Reclamation District
17Act is amended by changing Section 11.15 as follows:
 
18    (70 ILCS 2605/11.15)  (from Ch. 42, par. 331.15)
19    Sec. 11.15. No person shall be employed upon contracts for
20work to be done by any such sanitary district unless he or she
21is a citizen of the United States, a national of the United
22States under Section 1401 of Title 8 of the United States Code,
23a noncitizen an alien lawfully admitted for permanent
24residence under Section 1101 of Title 8 of the United States

 

 

HB5004- 47 -LRB102 23330 RJF 32496 b

1Code, an individual who has been granted asylum under Section
21158 of Title 8 of the United States Code, or an individual who
3is otherwise legally authorized to work in the United States.
4(Source: P.A. 98-280, eff. 8-9-13; 99-231, eff. 8-3-15.)
 
5    Section 40. The Board of Higher Education Act is amended
6by changing Section 9.16 as follows:
 
7    (110 ILCS 205/9.16)  (from Ch. 144, par. 189.16)
8    Sec. 9.16. Underrepresentation of certain groups in higher
9education. To require public institutions of higher education
10to develop and implement methods and strategies to increase
11the participation of minorities, women and individuals with
12disabilities who are traditionally underrepresented in
13education programs and activities. For the purpose of this
14Section, minorities shall mean persons who are citizens of the
15United States or lawful permanent resident noncitizens aliens
16of the United States and who are any of the following:
17        (1) American Indian or Alaska Native (a person having
18    origins in any of the original peoples of North and South
19    America, including Central America, and who maintains
20    tribal affiliation or community attachment).
21        (2) Asian (a person having origins in any of the
22    original peoples of the Far East, Southeast Asia, or the
23    Indian subcontinent, including, but not limited to,
24    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,

 

 

HB5004- 48 -LRB102 23330 RJF 32496 b

1    the Philippine Islands, Thailand, and Vietnam).
2        (3) Black or African American (a person having origins
3    in any of the black racial groups of Africa).
4        (4) Hispanic or Latino (a person of Cuban, Mexican,
5    Puerto Rican, South or Central American, or other Spanish
6    culture or origin, regardless of race).
7        (5) Native Hawaiian or Other Pacific Islander (a
8    person having origins in any of the original peoples of
9    Hawaii, Guam, Samoa, or other Pacific Islands).
10    The Board shall adopt any rules necessary to administer
11this Section. The Board shall also do the following:
12    (a) require all public institutions of higher education to
13develop and submit plans for the implementation of this
14Section;
15    (b) conduct periodic review of public institutions of
16higher education to determine compliance with this Section;
17and if the Board finds that a public institution of higher
18education is not in compliance with this Section, it shall
19notify the institution of steps to take to attain compliance;
20    (c) provide advice and counsel pursuant to this Section;
21    (d) conduct studies of the effectiveness of methods and
22strategies designed to increase participation of students in
23education programs and activities in which minorities, women
24and individuals with disabilities are traditionally
25underrepresented, and monitor the success of students in such
26education programs and activities;

 

 

HB5004- 49 -LRB102 23330 RJF 32496 b

1    (e) encourage minority student recruitment and retention
2in colleges and universities. In implementing this paragraph,
3the Board shall undertake but need not be limited to the
4following: the establishment of guidelines and plans for
5public institutions of higher education for minority student
6recruitment and retention, the review and monitoring of
7minority student programs implemented at public institutions
8of higher education to determine their compliance with any
9guidelines and plans so established, the determination of the
10effectiveness and funding requirements of minority student
11programs at public institutions of higher education, the
12dissemination of successful programs as models, and the
13encouragement of cooperative partnerships between community
14colleges and local school attendance centers which are
15experiencing difficulties in enrolling minority students in
16four-year colleges and universities;
17    (f) mandate all public institutions of higher education to
18submit data and information essential to determine compliance
19with this Section. The Board shall prescribe the format and
20the date for submission of this data and any other education
21equity data; and
22    (g) report to the General Assembly and the Governor
23annually with a description of the plans submitted by each
24public institution of higher education for implementation of
25this Section, including financial data relating to the most
26recent fiscal year expenditures for specific minority

 

 

HB5004- 50 -LRB102 23330 RJF 32496 b

1programs, the effectiveness of such plans and programs and the
2effectiveness of the methods and strategies developed by the
3Board in meeting the purposes of this Section, the degree of
4compliance with this Section by each public institution of
5higher education as determined by the Board pursuant to its
6periodic review responsibilities, and the findings made by the
7Board in conducting its studies and monitoring student success
8as required by paragraph d) of this Section. With respect to
9each public institution of higher education such report also
10shall include, but need not be limited to, information with
11respect to each institution's minority program budget
12allocations; minority student admission, retention and
13graduation statistics; admission, retention, and graduation
14statistics of all students who are the first in their
15immediate family to attend an institution of higher education;
16number of financial assistance awards to undergraduate and
17graduate minority students; and minority faculty
18representation. This paragraph shall not be construed to
19prohibit the Board from making, preparing or issuing
20additional surveys or studies with respect to minority
21education in Illinois.
22(Source: P.A. 102-465, eff. 1-1-22.)
 
23    Section 45. The Dental Student Grant Act is amended by
24changing Section 3.06 as follows:
 

 

 

HB5004- 51 -LRB102 23330 RJF 32496 b

1    (110 ILCS 925/3.06)  (from Ch. 144, par. 1503.06)
2    Sec. 3.06. "Eligible dental student" means a person who
3meets all of the following qualifications:
4    (a) That the individual is a resident of this State and a
5citizen or lawful permanent resident noncitizen alien of the
6United States;
7    (b) That the individual has been accepted in a dental
8school located in Illinois;
9    (c) That the individual exhibits financial need as
10determined by the Department;
11    (d) That the individual has earned an educational diploma
12at an institution of education located in this State or has
13been a resident of the State for no less than 3 years prior to
14applying for the grant;
15    (e) That the individual is a member of a racial minority as
16defined in Section 3.07; and
17    (f) That the individual meets other qualifications which
18shall be established by the Department.
19(Source: P.A. 87-665.)
 
20    Section 50. The Diversifying Higher Education Faculty in
21Illinois Act is amended by changing Sections 2 and 7 as
22follows:
 
23    (110 ILCS 930/2)  (from Ch. 144, par. 2302)
24    Sec. 2. Definitions. As used in this Act, unless the

 

 

HB5004- 52 -LRB102 23330 RJF 32496 b

1context otherwise requires:
2    "Board" means the Board of Higher Education.
3    "DFI" means the Diversifying Higher Education Faculty in
4Illinois Program of financial assistance to minorities who are
5traditionally underrepresented as participants in
6postsecondary education. The program shall assist them in
7pursuing a graduate or professional degree and shall also
8assist program graduates to find employment at an Illinois
9institution of higher education, including a community
10college, in a faculty or staff position.
11    "Program Board" means the entity created to administer the
12grant program authorized by this Act.
13    "Qualified institution of higher education" means a
14qualifying publicly or privately operated educational
15institution located within Illinois (i) that offers
16instruction leading toward or prerequisite to an academic or
17professional degree beyond the baccalaureate degree, excluding
18theological schools, and (ii) that is authorized to operate in
19the State of Illinois.
20    "Racial minority" means a person who is a citizen of the
21United States or a lawful permanent resident noncitizen alien
22of the United States and who is any of the following:
23        (1) American Indian or Alaska Native (a person having
24    origins in any of the original peoples of North and South
25    America, including Central America, and who maintains
26    tribal affiliation or community attachment).

 

 

HB5004- 53 -LRB102 23330 RJF 32496 b

1        (2) Asian (a person having origins in any of the
2    original peoples of the Far East, Southeast Asia, or the
3    Indian subcontinent, including, but not limited to,
4    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
5    the Philippine Islands, Thailand, and Vietnam).
6        (3) Black or African American (a person having origins
7    in any of the black racial groups of Africa).
8        (4) Hispanic or Latino (a person of Cuban, Mexican,
9    Puerto Rican, South or Central American, or other Spanish
10    culture or origin, regardless of race).
11        (5) Native Hawaiian or Other Pacific Islander (a
12    person having origins in any of the original peoples of
13    Hawaii, Guam, Samoa, or other Pacific Islands).
14(Source: P.A. 102-465, eff. 1-1-22.)
 
15    (110 ILCS 930/7)  (from Ch. 144, par. 2307)
16    Sec. 7. Eligibility for DFI grants. An individual is
17eligible for an award under the provisions of this Act when the
18Program Board finds:
19        (a) That the individual is a resident of this State
20    and a citizen or lawful permanent resident noncitizen
21    alien of the United States;
22        (b) That the individual is a member of a racial
23    minority as defined under the terms of this Act;
24        (c) That the individual has earned any educational
25    diploma at an institution of education located in this

 

 

HB5004- 54 -LRB102 23330 RJF 32496 b

1    State, or is a resident of the State for no less than three
2    years prior to applying for the grant, and the individual
3    must hold a baccalaureate degree from an institution of
4    higher learning;
5        (d) That the individual's financial resources are such
6    that, in the absence of a DFI grant, the individual will be
7    prevented from pursuing a graduate or professional degree
8    at a qualified institution of higher education of his or
9    her choice;
10        (e) That the individual has above average academic
11    ability to pursue a graduate or professional degree; and
12        (f) That the individual meets other qualifications
13    which shall be established by the Program Board.
14    Grant funds shall be awarded only to those persons
15pursuing a graduate or professional degree program at a
16qualified institution of higher education.
17    The Board shall by rule promulgate, pursuant to the
18Illinois Administrative Procedure Act, precise standards to be
19used by the Program Board to determine whether a program
20applicant has above average academic ability to pursue a
21graduate or professional degree.
22(Source: P.A. 93-862, eff. 8-4-04.)
 
23    Section 55. The Higher Education Student Assistance Act is
24amended by changing Sections 65.50 and 65.110 as follows:
 

 

 

HB5004- 55 -LRB102 23330 RJF 32496 b

1    (110 ILCS 947/65.50)
2    Sec. 65.50. Teacher training full-time undergraduate
3scholarships.
4    (a) Five hundred new scholarships shall be provided each
5year for qualified high school students or high school
6graduates who desire to pursue full-time undergraduate studies
7in teacher education at public or private universities or
8colleges and community colleges in this State. The Commission,
9in accordance with rules and regulations promulgated for this
10program, shall provide funding and shall designate each year's
11new recipients from among those applicants who qualify for
12consideration by showing:
13        (1) that he or she is a resident of this State and a
14    citizen or a lawful permanent resident noncitizen alien of
15    the United States;
16        (2) that he or she has successfully completed the
17    program of instruction at an approved high school or is a
18    student in good standing at such a school and is engaged in
19    a program that will be completed by the end of the academic
20    year, and in either event that his or her cumulative grade
21    average was or is in the upper 1/4 of the high school
22    class;
23        (3) that he or she has superior capacity to profit by a
24    higher education; and
25        (4) that he or she agrees to teach in Illinois schools
26    in accordance with subsection (b).

 

 

HB5004- 56 -LRB102 23330 RJF 32496 b

1    No rule or regulation promulgated by the State Board of
2Education prior to the effective date of this amendatory Act
3of 1993 pursuant to the exercise of any right, power, duty,
4responsibility or matter of pending business transferred from
5the State Board of Education to the Commission under this
6Section shall be affected thereby, and all such rules and
7regulations shall become the rules and regulations of the
8Commission until modified or changed by the Commission in
9accordance with law.
10    If in any year the number of qualified applicants exceeds
11the number of scholarships to be awarded, the Commission shall
12give priority in awarding scholarships to students in
13financial need. The Commission shall consider factors such as
14the applicant's family income, the size of the applicant's
15family and the number of other children in the applicant's
16family attending college in determining the financial need of
17the individual.
18    Unless otherwise indicated, these scholarships shall be
19good for a period of up to 4 years while the recipient is
20enrolled for residence credit at a public or private
21university or college or at a community college. The
22scholarship shall cover tuition, fees and a stipend of $1,500
23per year. For purposes of calculating scholarship awards for
24recipients attending private universities or colleges, tuition
25and fees for students at private colleges and universities
26shall not exceed the average tuition and fees for students at

 

 

HB5004- 57 -LRB102 23330 RJF 32496 b

14-year public colleges and universities for the academic year
2in which the scholarship is made.
3    (b) Upon graduation from or termination of enrollment in a
4teacher education program, any person who accepted a
5scholarship under the undergraduate scholarship program
6continued by this Section, including persons whose graduation
7or termination of enrollment occurred prior to the effective
8date of this amendatory Act of 1993, shall teach in any school
9in this State for at least 4 of the 7 years immediately
10following his or her graduation or termination. If the
11recipient spends up to 4 years in military service before or
12after he or she graduates, the period of military service
13shall be excluded from the computation of that 7 year period. A
14recipient who is enrolled full-time in an academic program
15leading to a graduate degree in education shall have the
16period of graduate study excluded from the computation of that
177 year period.
18    Any person who fails to fulfill the teaching requirement
19shall pay to the Commission an amount equal to one-fourth of
20the scholarship received for each unfulfilled year of the
214-year teaching requirement, together with interest at 8% per
22year on that amount. However, this obligation to repay does
23not apply when the failure to fulfill the teaching requirement
24results from involuntarily leaving the profession due to a
25decrease in the number of teachers employed by the school
26board or a discontinuation of a type of teaching service under

 

 

HB5004- 58 -LRB102 23330 RJF 32496 b

1Section 24-12 of the School Code or from the death or
2adjudication as incompetent of the person holding the
3scholarship. No claim for repayment may be filed against the
4estate of such a decedent or incompetent.
5    Each person applying for such a scholarship shall be
6provided with a copy of this subsection at the time he or she
7applies for the benefits of such scholarship.
8    (c) This Section is substantially the same as Sections
930-14.5 and 30-14.6 of the School Code, which are repealed by
10this amendatory Act of 1993, and shall be construed as a
11continuation of the teacher training undergraduate scholarship
12program established by that prior law, and not as a new or
13different teacher training undergraduate scholarship program.
14The State Board of Education shall transfer to the Commission,
15as the successor to the State Board of Education for all
16purposes of administering and implementing the provisions of
17this Section, all books, accounts, records, papers, documents,
18contracts, agreements, and pending business in any way
19relating to the teacher training undergraduate scholarship
20program continued under this Section, and all scholarships at
21any time awarded under that program by, and all applications
22for any such scholarship at any time made to, the State Board
23of Education shall be unaffected by the transfer to the
24Commission of all responsibility for the administration and
25implementation of the teacher training undergraduate
26scholarship program continued under this Section. The State

 

 

HB5004- 59 -LRB102 23330 RJF 32496 b

1Board of Education shall furnish to the Commission such other
2information as the Commission may request to assist it in
3administering this Section.
4(Source: P.A. 88-228.)
 
5    (110 ILCS 947/65.110)
6    Sec. 65.110. Post-Master of Social Work School Social Work
7Professional Educator License scholarship.
8    (a) Subject to appropriation, beginning with awards for
9the 2022-2023 academic year, the Commission shall award
10annually up to 250 Post-Master of Social Work School Social
11Work Professional Educator License scholarships to a person
12who:
13        (1) holds a valid Illinois-licensed clinical social
14    work license or social work license;
15        (2) has obtained a master's degree in social work from
16    an approved program;
17        (3) is a United States citizen or eligible noncitizen;
18    and
19        (4) submits an application to the Commission for such
20    scholarship and agrees to take courses to obtain an
21    Illinois Professional Educator License with an endorsement
22    in School Social Work.
23    (b) If an appropriation for this Section for a given
24fiscal year is insufficient to provide scholarships to all
25qualified applicants, the Commission shall allocate the

 

 

HB5004- 60 -LRB102 23330 RJF 32496 b

1appropriation in accordance with this subsection (b). If funds
2are insufficient to provide all qualified applicants with a
3scholarship as authorized by this Section, the Commission
4shall allocate the available scholarship funds for that fiscal
5year to qualified applicants who submit a complete application
6on or before a date specified by the Commission, based on the
7following order of priority:
8        (1) firstly, to students who received a scholarship
9    under this Section in the prior academic year and who
10    remain eligible for a scholarship under this Section;
11        (2) secondly, to new, qualified applicants who are
12    members of a racial minority, as defined in subsection
13    (c); and
14        (3) finally, to other new, qualified applicants in
15    accordance with this Section.
16    (c) Scholarships awarded under this Section shall be
17issued pursuant to rules adopted by the Commission. In
18awarding scholarships, the Commission shall give priority to
19those applicants who are members of a racial minority. Racial
20minorities are underrepresented as school social workers in
21elementary and secondary schools in this State, and the
22General Assembly finds that it is in the interest of this State
23to provide them with priority consideration for programs that
24encourage their participation in this field and thereby foster
25a profession that is more reflective of the diversity of
26Illinois students and the parents they will serve. A more

 

 

HB5004- 61 -LRB102 23330 RJF 32496 b

1reflective workforce in school social work allows improved
2outcomes for students and a better utilization of services.
3Therefore, the Commission shall give priority to those
4applicants who are members of a racial minority. In this
5subsection (c), "racial minority" means a person who is a
6citizen of the United States or a lawful permanent resident
7noncitizen alien of the United States and who is:
8        (1) Black (a person having origins in any of the black
9    racial groups in Africa);
10        (2) Hispanic (a person of Spanish or Portuguese
11    culture with origins in Mexico, South or Central America,
12    or the Caribbean Islands, regardless of race);
13        (3) Asian American (a person having origins in any of
14    the original peoples of the Far East, Southeast Asia, the
15    Indian Subcontinent, or the Pacific Islands); or
16        (4) American Indian or Alaskan Native (a person having
17    origins in any of the original peoples of North America).
18    (d) Each scholarship shall be applied to the payment of
19tuition and mandatory fees at the University of Illinois,
20Southern Illinois University, Chicago State University,
21Eastern Illinois University, Governors State University,
22Illinois State University, Northeastern Illinois University,
23Northern Illinois University, and Western Illinois University.
24Each scholarship may be applied to pay tuition and mandatory
25fees required to obtain an Illinois Professional Educator
26License with an endorsement in School Social Work.

 

 

HB5004- 62 -LRB102 23330 RJF 32496 b

1    (e) The Commission shall make tuition and fee payments
2directly to the qualified institution of higher learning that
3the applicant attends.
4    (f) Any person who has accepted a scholarship under this
5Section must, within one year after graduation or termination
6of enrollment in a Post-Master of Social Work Professional
7Education License with an endorsement in School Social Work
8program, begin working as a school social worker at a public or
9nonpublic not-for-profit preschool, elementary school, or
10secondary school located in this State for at least 2 of the 5
11years immediately following that graduation or termination,
12excluding, however, from the computation of that 5-year
13period: (i) any time up to 3 years spent in the military
14service, whether such service occurs before or after the
15person graduates; (ii) the time that person is a person with a
16temporary total disability for a period of time not to exceed 3
17years, as established by the sworn affidavit of a qualified
18physician; and (iii) the time that person is seeking and
19unable to find full-time employment as a school social worker
20at a State public or nonpublic not-for-profit preschool,
21elementary school, or secondary school.
22    (g) If a recipient of a scholarship under this Section
23fails to fulfill the work obligation set forth in subsection
24(f), the Commission shall require the recipient to repay the
25amount of the scholarships received, prorated according to the
26fraction of the obligation not completed, at a rate of

 

 

HB5004- 63 -LRB102 23330 RJF 32496 b

1interest equal to 5%, and, if applicable, reasonable
2collection fees. The Commission is authorized to establish
3rules relating to its collection activities for repayment of
4scholarships under this Section. All repayments collected
5under this Section shall be forwarded to the State Comptroller
6for deposit into this State's General Revenue Fund.
7    A recipient of a scholarship under this Section is not
8considered to be in violation of the failure to fulfill the
9work obligation under subsection (f) if the recipient (i)
10enrolls on a full-time basis as a graduate student in a course
11of study related to the field of social work at a qualified
12Illinois institution of higher learning; (ii) is serving, not
13in excess of 3 years, as a member of the armed services of the
14United States; (iii) is a person with a temporary total
15disability for a period of time not to exceed 3 years, as
16established by the sworn affidavit of a qualified physician;
17(iv) is seeking and unable to find full-time employment as a
18school social worker at an Illinois public or nonpublic
19not-for-profit preschool, elementary school, or secondary
20school that satisfies the criteria set forth in subsection (f)
21and is able to provide evidence of that fact; or (v) becomes a
22person with a permanent total disability, as established by
23the sworn affidavit of a qualified physician.
24(Source: P.A. 102-621, eff. 1-1-22.)
 
25    Section 60. The Mental Health Graduate Education

 

 

HB5004- 64 -LRB102 23330 RJF 32496 b

1Scholarship Act is amended by changing Section 20 as follows:
 
2    (110 ILCS 952/20)
3    Sec. 20. Scholarships.
4    (a) Beginning with the fall term of the 2009-2010 academic
5year, the Department, in accordance with rules adopted by it
6for this program, shall provide scholarships to individuals
7selected from among those applicants who qualify for
8consideration by showing all of the following:
9        (1) That the individual has been a resident of this
10    State for at least one year prior to application and is a
11    citizen or a lawful permanent resident noncitizen alien of
12    the United States.
13        (2) That the individual enrolled in or accepted into a
14    mental health graduate program at an approved institution.
15        (3) That the individual agrees to meet the mental
16    health employment obligation.
17    (b) If in any year the number of qualified applicants
18exceeds the number of scholarships to be awarded, the
19Department shall, in consultation with the Advisory Council,
20consider the following factors in granting priority in
21awarding scholarships:
22        (1) Financial need, as shown on a standardized
23    financial needs assessment form used by an approved
24    institution.
25        (2) A student's merit, as shown through his or her

 

 

HB5004- 65 -LRB102 23330 RJF 32496 b

1    grade point average, class rank, and other academic and
2    extracurricular activities.
3The Department may add to and further define these merit
4criteria by rule.
5    (c) Unless otherwise indicated, scholarships shall be
6awarded to recipients at approved institutions for a period of
7up to 2 years if the recipient is enrolled in a master's degree
8program and up to 4 years if the recipient is enrolled in a
9doctoral degree program.
10(Source: P.A. 96-672, eff. 8-25-09.)
 
11    Section 65. The Nursing Education Scholarship Law is
12amended by changing Sections 5 and 6.5 as follows:
 
13    (110 ILCS 975/5)  (from Ch. 144, par. 2755)
14    Sec. 5. Nursing education scholarships. Beginning with the
15fall term of the 2004-2005 academic year, the Department, in
16accordance with rules and regulations promulgated by it for
17this program, shall provide scholarships to individuals
18selected from among those applicants who qualify for
19consideration by showing:
20        (1) that he or she has been a resident of this State
21    for at least one year prior to application, and is a
22    citizen or a lawful permanent resident noncitizen alien of
23    the United States;
24        (2) that he or she is enrolled in or accepted for

 

 

HB5004- 66 -LRB102 23330 RJF 32496 b

1    admission to an associate degree in nursing program,
2    hospital-based diploma in nursing program, baccalaureate
3    degree in nursing program, graduate degree in nursing
4    program, or practical nursing program at an approved
5    institution; and
6        (3) that he or she agrees to meet the nursing
7    employment obligation.
8    If in any year the number of qualified applicants exceeds
9the number of scholarships to be awarded, the Department
10shall, in consultation with the Illinois Nursing Workforce
11Center Advisory Board, consider the following factors in
12granting priority in awarding scholarships:
13            (A) Financial need, as shown on a standardized
14        financial needs assessment form used by an approved
15        institution, of students who will pursue their
16        education on a full-time or close to full-time basis
17        and who already have a certificate in practical
18        nursing, a diploma in nursing, or an associate degree
19        in nursing and are pursuing a higher degree.
20            (B) A student's status as a registered nurse who
21        is pursuing a graduate degree in nursing to pursue
22        employment in an approved institution that educates
23        licensed practical nurses and that educates registered
24        nurses in undergraduate and graduate nursing programs.
25            (C) A student's merit, as shown through his or her
26        grade point average, class rank, and other academic

 

 

HB5004- 67 -LRB102 23330 RJF 32496 b

1        and extracurricular activities. The Department may add
2        to and further define these merit criteria by rule.
3    Unless otherwise indicated, scholarships shall be awarded
4to recipients at approved institutions for a period of up to 2
5years if the recipient is enrolled in an associate degree in
6nursing program, up to 3 years if the recipient is enrolled in
7a hospital-based diploma in nursing program, up to 4 years if
8the recipient is enrolled in a baccalaureate degree in nursing
9program, up to 5 years if the recipient is enrolled in a
10graduate degree in nursing program, and up to one year if the
11recipient is enrolled in a certificate in practical nursing
12program. At least 40% of the scholarships awarded shall be for
13recipients who are pursuing baccalaureate degrees in nursing,
1430% of the scholarships awarded shall be for recipients who
15are pursuing associate degrees in nursing or a diploma in
16nursing, 10% of the scholarships awarded shall be for
17recipients who are pursuing a certificate in practical
18nursing, and 20% of the scholarships awarded shall be for
19recipients who are pursuing a graduate degree in nursing.
20    Beginning with the fall term of the 2021-2022 academic
21year and continuing through the 2024-2025 academic year,
22subject to appropriation from the Hospital Licensure Fund, in
23addition to any other funds available to the Department for
24such scholarships, the Department may award a total of
25$500,000 annually in scholarships under this Section.
26(Source: P.A. 102-641, eff. 8-27-21.)
 

 

 

HB5004- 68 -LRB102 23330 RJF 32496 b

1    (110 ILCS 975/6.5)
2    Sec. 6.5. Nurse educator scholarships.
3    (a) Beginning with the fall term of the 2009-2010 academic
4year, the Department shall provide scholarships to individuals
5selected from among those applicants who qualify for
6consideration by showing the following:
7        (1) that he or she has been a resident of this State
8    for at least one year prior to application and is a citizen
9    or a lawful permanent resident noncitizen alien of the
10    United States;
11        (2) that he or she is enrolled in or accepted for
12    admission to a graduate degree in nursing program at an
13    approved institution; and
14        (3) that he or she agrees to meet the nurse educator
15    employment obligation.
16    (b) If in any year the number of qualified applicants
17exceeds the number of scholarships to be awarded under this
18Section, the Department shall, in consultation with the
19Illinois Nursing Workforce Center Advisory Board, consider the
20following factors in granting priority in awarding
21scholarships:
22        (1) Financial need, as shown on a standardized
23    financial needs assessment form used by an approved
24    institution, of students who will pursue their education
25    on a full-time or close to full-time basis and who already

 

 

HB5004- 69 -LRB102 23330 RJF 32496 b

1    have a diploma in nursing and are pursuing a higher
2    degree.
3        (2) A student's status as a registered nurse who is
4    pursuing a graduate degree in nursing to pursue employment
5    in an approved institution that educates licensed
6    practical nurses and that educates registered nurses in
7    undergraduate and graduate nursing programs.
8        (3) A student's merit, as shown through his or her
9    grade point average, class rank, experience as a nurse,
10    including supervisory experience, experience as a nurse in
11    the United States military, and other academic and
12    extracurricular activities.
13    (c) Unless otherwise indicated, scholarships under this
14Section shall be awarded to recipients at approved
15institutions for a period of up to 3 years.
16    (d) Within 12 months after graduation from a graduate
17degree in nursing program for nurse educators, any recipient
18who accepted a scholarship under this Section shall begin
19meeting the required nurse educator employment obligation. In
20order to defer his or her continuous employment obligation, a
21recipient must request the deferment in writing from the
22Department. A recipient shall receive a deferment if he or she
23notifies the Department, within 30 days after enlisting, that
24he or she is spending up to 4 years in military service. A
25recipient shall receive a deferment if he or she notifies the
26Department, within 30 days after enrolling, that he or she is

 

 

HB5004- 70 -LRB102 23330 RJF 32496 b

1enrolled in an academic program leading to a graduate degree
2in nursing. The recipient must begin meeting the required
3nurse educator employment obligation no later than 6 months
4after the end of the deferment or deferments.
5    Any person who fails to fulfill the nurse educator
6employment obligation shall pay to the Department an amount
7equal to the amount of scholarship funds received per year for
8each unfulfilled year of the nurse educator employment
9obligation, together with interest at 7% per year on the
10unpaid balance. Payment must begin within 6 months following
11the date of the occurrence initiating the repayment. All
12repayments must be completed within 6 years from the date of
13the occurrence initiating the repayment. However, this
14repayment obligation may be deferred and re-evaluated every 6
15months when the failure to fulfill the nurse educator
16employment obligation results from involuntarily leaving the
17profession due to a decrease in the number of nurses employed
18in this State or when the failure to fulfill the nurse educator
19employment obligation results from total and permanent
20disability. The repayment obligation shall be excused if the
21failure to fulfill the nurse educator employment obligation
22results from the death or adjudication as incompetent of the
23person holding the scholarship. No claim for repayment may be
24filed against the estate of such a decedent or incompetent.
25    The Department may allow a nurse educator employment
26obligation fulfillment alternative if the nurse educator

 

 

HB5004- 71 -LRB102 23330 RJF 32496 b

1scholarship recipient is unsuccessful in finding work as a
2nurse educator. The Department shall maintain a database of
3all available nurse educator positions in this State.
4    (e) Each person applying for a scholarship under this
5Section must be provided with a copy of this Section at the
6time of application for the benefits of this scholarship.
7    (f) Rulemaking authority to implement this amendatory Act
8of the 96th General Assembly, if any, is conditioned on the
9rules being adopted in accordance with all provisions of the
10Illinois Administrative Procedure Act and all rules and
11procedures of the Joint Committee on Administrative Rules; any
12purported rule not so adopted, for whatever reason, is
13unauthorized.
14(Source: P.A. 100-513, eff. 1-1-18.)
 
15    Section 70. The Comprehensive Health Insurance Plan Act is
16amended by changing Section 7 as follows:
 
17    (215 ILCS 105/7)  (from Ch. 73, par. 1307)
18    Sec. 7. Eligibility.
19    a. Except as provided in subsection (e) of this Section or
20in Section 15 of this Act, any person who is either a citizen
21of the United States or a noncitizen an alien lawfully
22admitted for permanent residence and who has been for a period
23of at least 180 days and continues to be a resident of this
24State shall be eligible for Plan coverage under this Section

 

 

HB5004- 72 -LRB102 23330 RJF 32496 b

1if evidence is provided of:
2        (1) A notice of rejection or refusal to issue
3    substantially similar individual health insurance coverage
4    for health reasons by a health insurance issuer;
5        (2) A refusal by a health insurance issuer to issue
6    individual health insurance coverage except at a rate
7    exceeding the applicable Plan rate for which the person is
8    responsible; or
9        (3) The absence of available health insurance coverage
10    for a person under 19 years of age.
11    A rejection or refusal by a group health plan or health
12insurance issuer offering only stop-loss or excess of loss
13insurance or contracts, agreements, or other arrangements for
14reinsurance coverage with respect to the applicant shall not
15be sufficient evidence under this subsection.
16    b. The Board shall promulgate a list of medical or health
17conditions for which a person who is either a citizen of the
18United States or a noncitizen an alien lawfully admitted for
19permanent residence and a resident of this State would be
20eligible for Plan coverage without applying for health
21insurance coverage pursuant to subsection a. of this Section.
22Persons who can demonstrate the existence or history of any
23medical or health conditions on the list promulgated by the
24Board shall not be required to provide the evidence specified
25in subsection a. of this Section. The list shall be effective
26on the first day of the operation of the Plan and may be

 

 

HB5004- 73 -LRB102 23330 RJF 32496 b

1amended from time to time as appropriate.
2    c. Family members of the same household who each are
3covered persons are eligible for optional family coverage
4under the Plan.
5    d. For persons qualifying for coverage in accordance with
6Section 7 of this Act, the Board shall, if it determines that
7such appropriations as are made pursuant to Section 12 of this
8Act are insufficient to allow the Board to accept all of the
9eligible persons which it projects will apply for enrollment
10under the Plan, limit or close enrollment to ensure that the
11Plan is not over-subscribed and that it has sufficient
12resources to meet its obligations to existing enrollees. The
13Board shall not limit or close enrollment for federally
14eligible individuals.
15    e. A person shall not be eligible for coverage under the
16Plan if:
17        (1) He or she has or obtains other coverage under a
18    group health plan or health insurance coverage
19    substantially similar to or better than a Plan policy as
20    an insured or covered dependent or would be eligible to
21    have that coverage if he or she elected to obtain it.
22    Persons otherwise eligible for Plan coverage may, however,
23    solely for the purpose of having coverage for a
24    pre-existing condition, maintain other coverage only while
25    satisfying any pre-existing condition waiting period under
26    a Plan policy or a subsequent replacement policy of a Plan

 

 

HB5004- 74 -LRB102 23330 RJF 32496 b

1    policy.
2        (1.1) His or her prior coverage under a group health
3    plan or health insurance coverage, provided or arranged by
4    an employer of more than 10 employees was discontinued for
5    any reason without the entire group or plan being
6    discontinued and not replaced, provided he or she remains
7    an employee, or dependent thereof, of the same employer.
8        (2) He or she is a recipient of or is approved to
9    receive medical assistance, except that a person may
10    continue to receive medical assistance through the medical
11    assistance no grant program, but only while satisfying the
12    requirements for a preexisting condition under Section 8,
13    subsection f. of this Act. Payment of premiums pursuant to
14    this Act shall be allocable to the person's spenddown for
15    purposes of the medical assistance no grant program, but
16    that person shall not be eligible for any Plan benefits
17    while that person remains eligible for medical assistance.
18    If the person continues to receive or be approved to
19    receive medical assistance through the medical assistance
20    no grant program at or after the time that requirements
21    for a preexisting condition are satisfied, the person
22    shall not be eligible for coverage under the Plan. In that
23    circumstance, coverage under the Plan shall terminate as
24    of the expiration of the preexisting condition limitation
25    period. Under all other circumstances, coverage under the
26    Plan shall automatically terminate as of the effective

 

 

HB5004- 75 -LRB102 23330 RJF 32496 b

1    date of any medical assistance.
2        (3) Except as provided in Section 15, the person has
3    previously participated in the Plan and voluntarily
4    terminated Plan coverage, unless 12 months have elapsed
5    since the person's latest voluntary termination of
6    coverage.
7        (4) The person fails to pay the required premium under
8    the covered person's terms of enrollment and
9    participation, in which event the liability of the Plan
10    shall be limited to benefits incurred under the Plan for
11    the time period for which premiums had been paid and the
12    covered person remained eligible for Plan coverage.
13        (5) The Plan has paid a total of $5,000,000 in
14    benefits on behalf of the covered person.
15        (6) The person is a resident of a public institution.
16        (7) The person's premium is paid for or reimbursed
17    under any government sponsored program or by any
18    government agency or health care provider, except as an
19    otherwise qualifying full-time employee, or dependent of
20    such employee, of a government agency or health care
21    provider or, except when a person's premium is paid by the
22    U.S. Treasury Department pursuant to the federal Trade Act
23    of 2002.
24        (8) The person has or later receives other benefits or
25    funds from any settlement, judgement, or award resulting
26    from any accident or injury, regardless of the date of the

 

 

HB5004- 76 -LRB102 23330 RJF 32496 b

1    accident or injury, or any other circumstances creating a
2    legal liability for damages due that person by a third
3    party, whether the settlement, judgment, or award is in
4    the form of a contract, agreement, or trust on behalf of a
5    minor or otherwise and whether the settlement, judgment,
6    or award is payable to the person, his or her dependent,
7    estate, personal representative, or guardian in a lump sum
8    or over time, so long as there continues to be benefits or
9    assets remaining from those sources in an amount in excess
10    of $300,000.
11        (9) Within the 5 years prior to the date a person's
12    Plan application is received by the Board, the person's
13    coverage under any health care benefit program as defined
14    in 18 U.S.C. 24, including any public or private plan or
15    contract under which any medical benefit, item, or service
16    is provided, was terminated as a result of any act or
17    practice that constitutes fraud under State or federal law
18    or as a result of an intentional misrepresentation of
19    material fact; or if that person knowingly and willfully
20    obtained or attempted to obtain, or fraudulently aided or
21    attempted to aid any other person in obtaining, any
22    coverage or benefits under the Plan to which that person
23    was not entitled.
24    f. The Board or the administrator shall require
25verification of residency and may require any additional
26information or documentation, or statements under oath, when

 

 

HB5004- 77 -LRB102 23330 RJF 32496 b

1necessary to determine residency upon initial application and
2for the entire term of the policy.
3    g. Coverage shall cease (i) on the date a person is no
4longer a resident of Illinois, (ii) on the date a person
5requests coverage to end, (iii) upon the death of the covered
6person, (iv) on the date State law requires cancellation of
7the policy, or (v) at the Plan's option, 30 days after the Plan
8makes any inquiry concerning a person's eligibility or place
9of residence to which the person does not reply.
10    h. Except under the conditions set forth in subsection g
11of this Section, the coverage of any person who ceases to meet
12the eligibility requirements of this Section shall be
13terminated at the end of the current policy period for which
14the necessary premiums have been paid.
15(Source: P.A. 96-938, eff. 6-24-10; 97-661, eff. 1-13-12.)
 
16    Section 75. The Hearing Instrument Consumer Protection Act
17is amended by changing Section 8 as follows:
 
18    (225 ILCS 50/8)  (from Ch. 111, par. 7408)
19    (Section scheduled to be repealed on January 1, 2026)
20    Sec. 8. Applicant qualifications; examination.
21    (a) In order to protect persons who are deaf or hard of
22hearing, the Department shall authorize or shall conduct an
23appropriate examination, which may be the International
24Hearing Society's licensure examination, for persons who

 

 

HB5004- 78 -LRB102 23330 RJF 32496 b

1dispense, test, select, recommend, fit, or service hearing
2instruments. The frequency of holding these examinations shall
3be determined by the Department by rule. Those who
4successfully pass such an examination shall be issued a
5license as a hearing instrument dispenser, which shall be
6effective for a 2-year period.
7    (b) Applicants shall be:
8        (1) at least 18 years of age;
9        (2) of good moral character;
10        (3) the holder of an associate's degree or the
11    equivalent;
12        (4) free of contagious or infectious disease; and
13        (5) a citizen or person who has the status as a legal
14    noncitizen alien.
15    Felony convictions of the applicant and findings against
16the applicant involving matters set forth in Sections 17 and
1718 shall be considered in determining moral character, but
18such a conviction or finding shall not make an applicant
19ineligible to register for examination.
20    (c) Prior to engaging in the practice of fitting,
21dispensing, or servicing hearing instruments, an applicant
22shall demonstrate, by means of written and practical
23examinations, that such person is qualified to practice the
24testing, selecting, recommending, fitting, selling, or
25servicing of hearing instruments as defined in this Act. An
26applicant must obtain a license within 12 months after passing

 

 

HB5004- 79 -LRB102 23330 RJF 32496 b

1either the written or practical examination, whichever is
2passed first, or must take and pass those examinations again
3in order to be eligible to receive a license.
4    The Department shall, by rule, determine the conditions
5under which an individual is examined.
6    (d) Proof of having met the minimum requirements of
7continuing education as determined by the Board shall be
8required of all license renewals. Pursuant to rule, the
9continuing education requirements may, upon petition to the
10Board, be waived in whole or in part if the hearing instrument
11dispenser can demonstrate that he or she served in the Coast
12Guard or Armed Forces, had an extreme hardship, or obtained
13his or her license by examination or endorsement within the
14preceding renewal period.
15    (e) Persons applying for an initial license must
16demonstrate having earned, at a minimum, an associate degree
17or its equivalent from an accredited institution of higher
18education that is recognized by the U.S. Department of
19Education or that meets the U.S. Department of Education
20equivalency as determined through a National Association of
21Credential Evaluation Services (NACES) member, and meet the
22other requirements of this Section. In addition, the applicant
23must demonstrate the successful completion of (1) 12 semester
24hours or 18 quarter hours of academic undergraduate course
25work in an accredited institution consisting of 3 semester
26hours of anatomy and physiology of the hearing mechanism, 3

 

 

HB5004- 80 -LRB102 23330 RJF 32496 b

1semester hours of hearing science, 3 semester hours of
2introduction to audiology, and 3 semester hours of aural
3rehabilitation, or the quarter hour equivalent or (2) an
4equivalent program as determined by the Department that is
5consistent with the scope of practice of a hearing instrument
6dispenser as defined in Section 3 of this Act. Persons
7licensed before January 1, 2003 who have a valid license on
8that date may have their license renewed without meeting the
9requirements of this subsection.
10(Source: P.A. 98-827, eff. 1-1-15; 99-204, eff. 7-30-15;
1199-847, eff. 8-19-16.)
 
12    Section 80. The Illinois Public Aid Code is amended by
13changing Section 5-3 as follows:
 
14    (305 ILCS 5/5-3)  (from Ch. 23, par. 5-3)
15    Sec. 5-3. Residence.) Any person who has established his
16residence in this State and lives therein, including any
17person who is a migrant worker, may qualify for medical
18assistance. A person who, while temporarily in this State,
19suffers injury or illness endangering his life and health and
20necessitating emergency care, may also qualify.
21    Temporary absence from the State shall not disqualify a
22person from maintaining his eligibility under this Article.
23    As used in this Section, "migrant worker" means any person
24residing temporarily and employed in Illinois who moves

 

 

HB5004- 81 -LRB102 23330 RJF 32496 b

1seasonally from one place to another for the purpose of
2employment in agricultural activities, including the planting,
3raising or harvesting of any agricultural or horticultural
4commodities and the handling, packing or processing of such
5commodities on the farm where produced or at the point of first
6processing, in animal husbandry, or in other activities
7connected with the care of animals. Dependents of such person
8shall be considered eligible if they are living with the
9person during his or her temporary residence and employment in
10Illinois.
11    In order to be eligible for medical assistance under this
12section, each migrant worker shall show proof of citizenship
13or legal noncitizen alien status.
14(Source: P.A. 81-746.)
 
15    Section 85. The Service Member Employment and Reemployment
16Rights Act is amended by changing Section 1-10 as follows:
 
17    (330 ILCS 61/1-10)
18    Sec. 1-10. Definitions. As used in this Act:
19    "Accrue" means to accumulate in regular or increasing
20amounts over time subject to customary allocation of cost.
21    "Active duty" means any full-time military service
22regardless of length or voluntariness including, but not
23limited to, annual training, full-time National Guard duty,
24and State active duty. "Active duty" does not include any form

 

 

HB5004- 82 -LRB102 23330 RJF 32496 b

1of inactive duty service such as drill duty or muster duty.
2"Active duty", unless provided otherwise, includes active duty
3without pay.
4    "Active service" means all forms of active and inactive
5duty regardless of voluntariness including, but not limited
6to, annual training, active duty for training, initial active
7duty training, overseas training duty, full-time National
8Guard duty, active duty other than training, State active
9duty, mobilizations, and muster duty. "Active service", unless
10provided otherwise, includes active service without pay.
11"Active service" includes:
12        (1) Reserve component voluntary active service means
13    service under one of the following authorities:
14            (A) any duty under 32 U.S.C. 502(f)(1)(B);
15            (B) active guard reserve duty, operational
16        support, or additional duty under 10 U.S.C. 12301(d)
17        or 32 U.S.C. 502(f)(1)(B);
18            (C) funeral honors under 10 U.S.C. 12503 or 32
19        U.S.C. 115;
20            (D) duty at the National Guard Bureau under 10
21        U.S.C. 12402;
22            (E) unsatisfactory participation under 10 U.S.C.
23        10148 or 10 U.S.C. 12303;
24            (F) discipline under 10 U.S.C. 802(d);
25            (G) extended active duty under 10 U.S.C. 12311;
26        and

 

 

HB5004- 83 -LRB102 23330 RJF 32496 b

1            (H) reserve program administrator under 10 U.S.C.
2        10211.
3        (2) Reserve component involuntary active service
4    includes, but is not limited to, service under one of the
5    following authorities:
6            (A) annual training or drill requirements under 10
7        U.S.C. 10147, 10 U.S.C. 12301(b) or 32 U.S.C. 502(a).
8            (B) additional training duty or other duty under
9        32 U.S.C. 502(f)(1)(A);
10            (C) pre-planned or pre-programmed combatant
11        commander support under 10 U.S.C. 12304b;
12            (D) mobilization under 10 U.S.C. 12301(a) or 10
13        U.S.C. 12302;
14            (E) presidential reserve call-up under 10 U.S.C.
15        12304;
16            (F) emergencies and natural disasters under 10
17        U.S.C. 12304a or 14 U.S.C. 712;
18            (G) muster duty under 10 U.S.C. 12319;
19            (H) retiree recall under 10 U.S.C. 688;
20            (I) captive status under 10 U.S.C. 12301(g);
21            (J) insurrection under 10 U.S.C. 331, 10 U.S.C.
22        332, or 10 U.S.C. 12406;
23            (K) pending line of duty determination for
24        response to sexual assault under 10 U.S.C. 12323; and
25            (L) initial active duty for training under 10
26        U.S.C. 671.

 

 

HB5004- 84 -LRB102 23330 RJF 32496 b

1    Reserve component active service not listed in paragraph
2(1) or (2) shall be considered involuntary active service
3under paragraph (2).
4    "Active service without pay" means active service
5performed under any authority in which base pay is not
6received regardless of other allowances.
7    "Annual training" means any active duty performed under
8Section 10147 or 12301(b) of Title 10 of the United States Code
9or under Section 502(a) of Title 32 of the United States Code.
10    "Base pay" means the main component of military pay,
11whether active or inactive, based on rank and time in service.
12It does not include the addition of conditional funds for
13specific purposes such as allowances, incentive and special
14pay. Base pay, also known as basic pay, can be determined by
15referencing the appropriate military pay chart covering the
16time period in question located on the federal Defense Finance
17and Accounting Services website or as reflected on a federal
18Military Leave and Earnings Statement.
19    "Benefits" includes, but is not limited to, the terms,
20conditions, or privileges of employment, including any
21advantage, profit, privilege, gain, status, account, or
22interest, including wages or salary for work performed, that
23accrues by reason of an employment contract or agreement or an
24employer policy, plan, or practice and includes rights and
25benefits under a pension plan, a health plan, an employee
26stock ownership plan, insurance coverage and awards, bonuses,

 

 

HB5004- 85 -LRB102 23330 RJF 32496 b

1severance pay, supplemental unemployment benefits, vacations,
2and the opportunity to select work hours or location of
3employment.
4    "Differential compensation" means pay due when the
5employee's daily rate of compensation for military service is
6less than his or her daily rate of compensation as a public
7employee.
8    "Employee" means anyone employed by an employer.
9"Employee" includes any person who is a citizen, national, or
10permanent resident noncitizen alien of the United States
11employed in a workplace that the State has legal authority to
12regulate business and employment. "Employee" does not include
13an independent contractor.
14    "Employer" means any person, institution, organization, or
15other entity that pays salary or wages for work performed or
16that has control over employment opportunities, including:
17        (1) a person, institution, organization, or other
18    entity to whom the employer has delegated the performance
19    of employment-related responsibilities;
20        (2) an employer of a public employee;
21        (3) any successor in interest to a person,
22    institution, organization, or other entity referred to
23    under this definition; and
24        (4) a person, institution, organization, or other
25    entity that has been denied initial employment in
26    violation of Section 5-15.

 

 

HB5004- 86 -LRB102 23330 RJF 32496 b

1    "Inactive duty" means inactive duty training, including
2drills, consisting of regularly scheduled unit training
3assemblies, additional training assemblies, periods of
4appropriate duty or equivalent training, and any special
5additional duties authorized for reserve component personnel
6by appropriate military authority. "Inactive duty" does not
7include active duty.
8    "Military leave" means a furlough or leave of absence
9while performing active service. It cannot be substituted for
10accrued vacation, annual, or similar leave with pay except at
11the sole discretion of the service member employee. It is not a
12benefit of employment that is requested but a legal
13requirement upon receiving notice of pending military service.
14    "Military service" means:
15        (1) Service in the Armed Forces of the United States,
16    the National Guard of any state or territory regardless of
17    status, and the State Guard as defined in the State Guard
18    Act. "Military service", whether active or reserve,
19    includes service under the authority of U.S.C. Titles 10,
20    14, or 32, or State active duty.
21        (2) Service in a federally recognized auxiliary of the
22    United States Armed Forces when performing official duties
23    in support of military or civilian authorities as a result
24    of an emergency.
25        (3) A period for which an employee is absent from a
26    position of employment for the purpose of medical or

 

 

HB5004- 87 -LRB102 23330 RJF 32496 b

1    dental treatment for a condition, illness, or injury
2    sustained or aggravated during a period of active service
3    in which treatment is paid by the United States Department
4    of Defense Military Health System.
5    "Public employee" means any person classified as a
6full-time employee of the State of Illinois, a unit of local
7government, a public institution of higher education as
8defined in Section 1 of the Board of Higher Education Act, or a
9school district, other than an independent contractor.
10    "Reserve component" means the reserve components of
11Illinois and the United States Armed Forces regardless of
12status.
13    "Service member" means any person who is a member of a
14military service.
15    "State active duty" means full-time State-funded military
16duty under the command and control of the Governor and subject
17to the Military Code of Illinois.
18    "Unit of local government" means any city, village, town,
19county, or special district.
20(Source: P.A. 100-1101, eff. 1-1-19.)
 
21    Section 90. The Firearm Owners Identification Card Act is
22amended by changing Sections 4 and 8 as follows:
 
23    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
24    Sec. 4. Application for Firearm Owner's Identification

 

 

HB5004- 88 -LRB102 23330 RJF 32496 b

1Cards.
2    (a) Each applicant for a Firearm Owner's Identification
3Card must:
4        (1) Submit an application as made available by the
5    Illinois State Police; and
6        (2) Submit evidence to the Illinois State Police that:
7            (i) This subparagraph (i) applies through the
8        180th day following July 12, 2019 (the effective date
9        of Public Act 101-80) this amendatory Act of the 101st
10        General Assembly. He or she is 21 years of age or over,
11        or if he or she is under 21 years of age that he or she
12        has the written consent of his or her parent or legal
13        guardian to possess and acquire firearms and firearm
14        ammunition and that he or she has never been convicted
15        of a misdemeanor other than a traffic offense or
16        adjudged delinquent, provided, however, that such
17        parent or legal guardian is not an individual
18        prohibited from having a Firearm Owner's
19        Identification Card and files an affidavit with the
20        Department as prescribed by the Department stating
21        that he or she is not an individual prohibited from
22        having a Card;
23            (i-5) This subparagraph (i-5) applies on and after
24        the 181st day following July 12, 2019 (the effective
25        date of Public Act 101-80) this amendatory Act of the
26        101st General Assembly. He or she is 21 years of age or

 

 

HB5004- 89 -LRB102 23330 RJF 32496 b

1        over, or if he or she is under 21 years of age that he
2        or she has never been convicted of a misdemeanor other
3        than a traffic offense or adjudged delinquent and is
4        an active duty member of the United States Armed
5        Forces or has the written consent of his or her parent
6        or legal guardian to possess and acquire firearms and
7        firearm ammunition, provided, however, that such
8        parent or legal guardian is not an individual
9        prohibited from having a Firearm Owner's
10        Identification Card and files an affidavit with the
11        Illinois State Police Department as prescribed by the
12        Illinois State Police Department stating that he or
13        she is not an individual prohibited from having a Card
14        or the active duty member of the United States Armed
15        Forces under 21 years of age annually submits proof to
16        the Illinois State Police, in a manner prescribed by
17        the Illinois State Police Department;
18            (ii) He or she has not been convicted of a felony
19        under the laws of this or any other jurisdiction;
20            (iii) He or she is not addicted to narcotics;
21            (iv) He or she has not been a patient in a mental
22        health facility within the past 5 years or, if he or
23        she has been a patient in a mental health facility more
24        than 5 years ago submit the certification required
25        under subsection (u) of Section 8 of this Act;
26            (v) He or she is not a person with an intellectual

 

 

HB5004- 90 -LRB102 23330 RJF 32496 b

1        disability;
2            (vi) He or she is not a noncitizen an alien who is
3        unlawfully present in the United States under the laws
4        of the United States;
5            (vii) He or she is not subject to an existing order
6        of protection prohibiting him or her from possessing a
7        firearm;
8            (viii) He or she has not been convicted within the
9        past 5 years of battery, assault, aggravated assault,
10        violation of an order of protection, or a
11        substantially similar offense in another jurisdiction,
12        in which a firearm was used or possessed;
13            (ix) He or she has not been convicted of domestic
14        battery, aggravated domestic battery, or a
15        substantially similar offense in another jurisdiction
16        committed before, on or after January 1, 2012 (the
17        effective date of Public Act 97-158). If the applicant
18        knowingly and intelligently waives the right to have
19        an offense described in this clause (ix) tried by a
20        jury, and by guilty plea or otherwise, results in a
21        conviction for an offense in which a domestic
22        relationship is not a required element of the offense
23        but in which a determination of the applicability of
24        18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
25        the Code of Criminal Procedure of 1963, an entry by the
26        court of a judgment of conviction for that offense

 

 

HB5004- 91 -LRB102 23330 RJF 32496 b

1        shall be grounds for denying the issuance of a Firearm
2        Owner's Identification Card under this Section;
3            (x) (Blank);
4            (xi) He or she is not a noncitizen an alien who has
5        been admitted to the United States under a
6        non-immigrant visa (as that term is defined in Section
7        101(a)(26) of the Immigration and Nationality Act (8
8        U.S.C. 1101(a)(26))), or that he or she is a
9        noncitizen an alien who has been lawfully admitted to
10        the United States under a non-immigrant visa if that
11        person alien is:
12                (1) admitted to the United States for lawful
13            hunting or sporting purposes;
14                (2) an official representative of a foreign
15            government who is:
16                    (A) accredited to the United States
17                Government or the Government's mission to an
18                international organization having its
19                headquarters in the United States; or
20                    (B) en route to or from another country to
21                which that noncitizen alien is accredited;
22                (3) an official of a foreign government or
23            distinguished foreign visitor who has been so
24            designated by the Department of State;
25                (4) a foreign law enforcement officer of a
26            friendly foreign government entering the United

 

 

HB5004- 92 -LRB102 23330 RJF 32496 b

1            States on official business; or
2                (5) one who has received a waiver from the
3            Attorney General of the United States pursuant to
4            18 U.S.C. 922(y)(3);
5            (xii) He or she is not a minor subject to a
6        petition filed under Section 5-520 of the Juvenile
7        Court Act of 1987 alleging that the minor is a
8        delinquent minor for the commission of an offense that
9        if committed by an adult would be a felony;
10            (xiii) He or she is not an adult who had been
11        adjudicated a delinquent minor under the Juvenile
12        Court Act of 1987 for the commission of an offense that
13        if committed by an adult would be a felony;
14            (xiv) He or she is a resident of the State of
15        Illinois;
16            (xv) He or she has not been adjudicated as a person
17        with a mental disability;
18            (xvi) He or she has not been involuntarily
19        admitted into a mental health facility; and
20            (xvii) He or she is not a person with a
21        developmental disability; and
22        (3) Upon request by the Illinois State Police, sign a
23    release on a form prescribed by the Illinois State Police
24    waiving any right to confidentiality and requesting the
25    disclosure to the Illinois State Police of limited mental
26    health institution admission information from another

 

 

HB5004- 93 -LRB102 23330 RJF 32496 b

1    state, the District of Columbia, any other territory of
2    the United States, or a foreign nation concerning the
3    applicant for the sole purpose of determining whether the
4    applicant is or was a patient in a mental health
5    institution and disqualified because of that status from
6    receiving a Firearm Owner's Identification Card. No mental
7    health care or treatment records may be requested. The
8    information received shall be destroyed within one year of
9    receipt.
10    (a-5) Each applicant for a Firearm Owner's Identification
11Card who is over the age of 18 shall furnish to the Illinois
12State Police either his or her Illinois driver's license
13number or Illinois Identification Card number, except as
14provided in subsection (a-10).
15    (a-10) Each applicant for a Firearm Owner's Identification
16Card, who is employed as a law enforcement officer, an armed
17security officer in Illinois, or by the United States Military
18permanently assigned in Illinois and who is not an Illinois
19resident, shall furnish to the Illinois State Police his or
20her driver's license number or state identification card
21number from his or her state of residence. The Illinois State
22Police may adopt rules to enforce the provisions of this
23subsection (a-10).
24    (a-15) If an applicant applying for a Firearm Owner's
25Identification Card moves from the residence address named in
26the application, he or she shall immediately notify in a form

 

 

HB5004- 94 -LRB102 23330 RJF 32496 b

1and manner prescribed by the Illinois State Police of that
2change of address.
3    (a-20) Each applicant for a Firearm Owner's Identification
4Card shall furnish to the Illinois State Police his or her
5photograph. An applicant who is 21 years of age or older
6seeking a religious exemption to the photograph requirement
7must furnish with the application an approved copy of United
8States Department of the Treasury Internal Revenue Service
9Form 4029. In lieu of a photograph, an applicant regardless of
10age seeking a religious exemption to the photograph
11requirement shall submit fingerprints on a form and manner
12prescribed by the Illinois State Police Department with his or
13her application.
14    (a-25) Beginning January 1, 2023, each applicant for the
15issuance of a Firearm Owner's Identification Card may include
16a full set of his or her fingerprints in electronic format to
17the Illinois State Police, unless the applicant has previously
18provided a full set of his or her fingerprints to the Illinois
19State Police under this Act or the Firearm Concealed Carry
20Act.
21    The fingerprints must be transmitted through a live scan
22fingerprint vendor licensed by the Department of Financial and
23Professional Regulation. The fingerprints shall be checked
24against the fingerprint records now and hereafter filed in the
25Illinois State Police and Federal Bureau of Investigation
26criminal history records databases, including all available

 

 

HB5004- 95 -LRB102 23330 RJF 32496 b

1State and local criminal history record information files.
2    The Illinois State Police shall charge applicants a
3one-time fee for conducting the criminal history record check,
4which shall be deposited into the State Police Services Fund
5and shall not exceed the actual cost of the State and national
6criminal history record check.
7    (a-26) The Illinois State Police shall research, explore,
8and report to the General Assembly by January 1, 2022 on the
9feasibility of permitting voluntarily submitted fingerprints
10obtained for purposes other than Firearm Owner's
11Identification Card enforcement that are contained in the
12Illinois State Police database for purposes of this Act.
13    (b) Each application form shall include the following
14statement printed in bold type: "Warning: Entering false
15information on an application for a Firearm Owner's
16Identification Card is punishable as a Class 2 felony in
17accordance with subsection (d-5) of Section 14 of the Firearm
18Owners Identification Card Act.".
19    (c) Upon such written consent, pursuant to Section 4,
20paragraph (a)(2)(i), the parent or legal guardian giving the
21consent shall be liable for any damages resulting from the
22applicant's use of firearms or firearm ammunition.
23(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
24102-538, eff. 8-20-21; revised 10-12-21.)
 
25    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)

 

 

HB5004- 96 -LRB102 23330 RJF 32496 b

1    Sec. 8. Grounds for denial and revocation. The Illinois
2State Police has authority to deny an application for or to
3revoke and seize a Firearm Owner's Identification Card
4previously issued under this Act only if the Illinois State
5Police Department finds that the applicant or the person to
6whom such card was issued is or was at the time of issuance:
7        (a) A person under 21 years of age who has been
8    convicted of a misdemeanor other than a traffic offense or
9    adjudged delinquent;
10        (b) This subsection (b) applies through the 180th day
11    following July 12, 2019 (the effective date of Public Act
12    101-80) this amendatory Act of the 101st General Assembly.
13    A person under 21 years of age who does not have the
14    written consent of his parent or guardian to acquire and
15    possess firearms and firearm ammunition, or whose parent
16    or guardian has revoked such written consent, or where
17    such parent or guardian does not qualify to have a Firearm
18    Owner's Identification Card;
19        (b-5) This subsection (b-5) applies on and after the
20    181st day following July 12, 2019 (the effective date of
21    Public Act 101-80) this amendatory Act of the 101st
22    General Assembly. A person under 21 years of age who is not
23    an active duty member of the United States Armed Forces
24    and does not have the written consent of his or her parent
25    or guardian to acquire and possess firearms and firearm
26    ammunition, or whose parent or guardian has revoked such

 

 

HB5004- 97 -LRB102 23330 RJF 32496 b

1    written consent, or where such parent or guardian does not
2    qualify to have a Firearm Owner's Identification Card;
3        (c) A person convicted of a felony under the laws of
4    this or any other jurisdiction;
5        (d) A person addicted to narcotics;
6        (e) A person who has been a patient of a mental health
7    facility within the past 5 years or a person who has been a
8    patient in a mental health facility more than 5 years ago
9    who has not received the certification required under
10    subsection (u) of this Section. An active law enforcement
11    officer employed by a unit of government or a Department
12    of Corrections employee authorized to possess firearms who
13    is denied, revoked, or has his or her Firearm Owner's
14    Identification Card seized under this subsection (e) may
15    obtain relief as described in subsection (c-5) of Section
16    10 of this Act if the officer or employee did not act in a
17    manner threatening to the officer or employee, another
18    person, or the public as determined by the treating
19    clinical psychologist or physician, and the officer or
20    employee seeks mental health treatment;
21        (f) A person whose mental condition is of such a
22    nature that it poses a clear and present danger to the
23    applicant, any other person or persons, or the community;
24        (g) A person who has an intellectual disability;
25        (h) A person who intentionally makes a false statement
26    in the Firearm Owner's Identification Card application;

 

 

HB5004- 98 -LRB102 23330 RJF 32496 b

1        (i) A noncitizen An alien who is unlawfully present in
2    the United States under the laws of the United States;
3        (i-5) A noncitizen An alien who has been admitted to
4    the United States under a non-immigrant visa (as that term
5    is defined in Section 101(a)(26) of the Immigration and
6    Nationality Act (8 U.S.C. 1101(a)(26))), except that this
7    subsection (i-5) does not apply to any noncitizen alien
8    who has been lawfully admitted to the United States under
9    a non-immigrant visa if that person alien is:
10            (1) admitted to the United States for lawful
11        hunting or sporting purposes;
12            (2) an official representative of a foreign
13        government who is:
14                (A) accredited to the United States Government
15            or the Government's mission to an international
16            organization having its headquarters in the United
17            States; or
18                (B) en route to or from another country to
19            which that noncitizen alien is accredited;
20            (3) an official of a foreign government or
21        distinguished foreign visitor who has been so
22        designated by the Department of State;
23            (4) a foreign law enforcement officer of a
24        friendly foreign government entering the United States
25        on official business; or
26            (5) one who has received a waiver from the

 

 

HB5004- 99 -LRB102 23330 RJF 32496 b

1        Attorney General of the United States pursuant to 18
2        U.S.C. 922(y)(3);
3        (j) (Blank);
4        (k) A person who has been convicted within the past 5
5    years of battery, assault, aggravated assault, violation
6    of an order of protection, or a substantially similar
7    offense in another jurisdiction, in which a firearm was
8    used or possessed;
9        (l) A person who has been convicted of domestic
10    battery, aggravated domestic battery, or a substantially
11    similar offense in another jurisdiction committed before,
12    on or after January 1, 2012 (the effective date of Public
13    Act 97-158). If the applicant or person who has been
14    previously issued a Firearm Owner's Identification Card
15    under this Act knowingly and intelligently waives the
16    right to have an offense described in this paragraph (l)
17    tried by a jury, and by guilty plea or otherwise, results
18    in a conviction for an offense in which a domestic
19    relationship is not a required element of the offense but
20    in which a determination of the applicability of 18 U.S.C.
21    922(g)(9) is made under Section 112A-11.1 of the Code of
22    Criminal Procedure of 1963, an entry by the court of a
23    judgment of conviction for that offense shall be grounds
24    for denying an application for and for revoking and
25    seizing a Firearm Owner's Identification Card previously
26    issued to the person under this Act;

 

 

HB5004- 100 -LRB102 23330 RJF 32496 b

1        (m) (Blank);
2        (n) A person who is prohibited from acquiring or
3    possessing firearms or firearm ammunition by any Illinois
4    State statute or by federal law;
5        (o) A minor subject to a petition filed under Section
6    5-520 of the Juvenile Court Act of 1987 alleging that the
7    minor is a delinquent minor for the commission of an
8    offense that if committed by an adult would be a felony;
9        (p) An adult who had been adjudicated a delinquent
10    minor under the Juvenile Court Act of 1987 for the
11    commission of an offense that if committed by an adult
12    would be a felony;
13        (q) A person who is not a resident of the State of
14    Illinois, except as provided in subsection (a-10) of
15    Section 4;
16        (r) A person who has been adjudicated as a person with
17    a mental disability;
18        (s) A person who has been found to have a
19    developmental disability;
20        (t) A person involuntarily admitted into a mental
21    health facility; or
22        (u) A person who has had his or her Firearm Owner's
23    Identification Card revoked or denied under subsection (e)
24    of this Section or item (iv) of paragraph (2) of
25    subsection (a) of Section 4 of this Act because he or she
26    was a patient in a mental health facility as provided in

 

 

HB5004- 101 -LRB102 23330 RJF 32496 b

1    subsection (e) of this Section, shall not be permitted to
2    obtain a Firearm Owner's Identification Card, after the
3    5-year period has lapsed, unless he or she has received a
4    mental health evaluation by a physician, clinical
5    psychologist, or qualified examiner as those terms are
6    defined in the Mental Health and Developmental
7    Disabilities Code, and has received a certification that
8    he or she is not a clear and present danger to himself,
9    herself, or others. The physician, clinical psychologist,
10    or qualified examiner making the certification and his or
11    her employer shall not be held criminally, civilly, or
12    professionally liable for making or not making the
13    certification required under this subsection, except for
14    willful or wanton misconduct. This subsection does not
15    apply to a person whose firearm possession rights have
16    been restored through administrative or judicial action
17    under Section 10 or 11 of this Act.
18    Upon revocation of a person's Firearm Owner's
19Identification Card, the Illinois State Police shall provide
20notice to the person and the person shall comply with Section
219.5 of this Act.
22(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
23102-645, eff. 1-1-22; revised 10-14-21.)
 
24    Section 95. The Criminal Code of 2012 is amended by
25changing Section 17-6.5 as follows:
 

 

 

HB5004- 102 -LRB102 23330 RJF 32496 b

1    (720 ILCS 5/17-6.5)
2    Sec. 17-6.5. Persons under deportation order;
3ineligibility for benefits.
4    (a) An individual against whom a United States Immigration
5Judge has issued an order of deportation which has been
6affirmed by the Board of Immigration Review, as well as an
7individual who appeals such an order pending appeal, under
8paragraph 19 of Section 241(a) of the Immigration and
9Nationality Act relating to persecution of others on account
10of race, religion, national origin or political opinion under
11the direction of or in association with the Nazi government of
12Germany or its allies, shall be ineligible for the following
13benefits authorized by State law:
14        (1) The homestead exemptions and homestead improvement
15    exemption under Sections 15-170, 15-175, 15-176, and
16    15-180 of the Property Tax Code.
17        (2) Grants under the Senior Citizens and Persons with
18    Disabilities Property Tax Relief Act.
19        (3) The double income tax exemption conferred upon
20    persons 65 years of age or older by Section 204 of the
21    Illinois Income Tax Act.
22        (4) Grants provided by the Department on Aging.
23        (5) Reductions in vehicle registration fees under
24    Section 3-806.3 of the Illinois Vehicle Code.
25        (6) Free fishing and reduced fishing license fees

 

 

HB5004- 103 -LRB102 23330 RJF 32496 b

1    under Sections 20-5 and 20-40 of the Fish and Aquatic Life
2    Code.
3        (7) Tuition free courses for senior citizens under the
4    Senior Citizen Courses Act.
5        (8) Any benefits under the Illinois Public Aid Code.
6    (b) If a person has been found by a court to have knowingly
7received benefits in violation of subsection (a) and:
8        (1) the total monetary value of the benefits received
9    is less than $150, the person is guilty of a Class A
10    misdemeanor; a second or subsequent violation is a Class 4
11    felony;
12        (2) the total monetary value of the benefits received
13    is $150 or more but less than $1,000, the person is guilty
14    of a Class 4 felony; a second or subsequent violation is a
15    Class 3 felony;
16        (3) the total monetary value of the benefits received
17    is $1,000 or more but less than $5,000, the person is
18    guilty of a Class 3 felony; a second or subsequent
19    violation is a Class 2 felony;
20        (4) the total monetary value of the benefits received
21    is $5,000 or more but less than $10,000, the person is
22    guilty of a Class 2 felony; a second or subsequent
23    violation is a Class 1 felony; or
24        (5) the total monetary value of the benefits received
25    is $10,000 or more, the person is guilty of a Class 1
26    felony.

 

 

HB5004- 104 -LRB102 23330 RJF 32496 b

1    (c) For purposes of determining the classification of an
2offense under this Section, all of the monetary value of the
3benefits received as a result of the unlawful act, practice,
4or course of conduct may be accumulated.
5    (d) Any grants awarded to persons described in subsection
6(a) may be recovered by the State of Illinois in a civil action
7commenced by the Attorney General in the circuit court of
8Sangamon County or the State's Attorney of the county of
9residence of the person described in subsection (a).
10    (e) An individual described in subsection (a) who has been
11deported shall be restored to any benefits which that
12individual has been denied under State law pursuant to
13subsection (a) if (i) the Attorney General of the United
14States has issued an order cancelling deportation and has
15adjusted the status of the individual to that of a noncitizen
16an alien lawfully admitted for permanent residence in the
17United States or (ii) the country to which the individual has
18been deported adjudicates or exonerates the individual in a
19judicial or administrative proceeding as not being guilty of
20the persecution of others on account of race, religion,
21national origin, or political opinion under the direction of
22or in association with the Nazi government of Germany or its
23allies.
24(Source: P.A. 99-143, eff. 7-27-15.)
 
25    Section 100. The Prevention of Cigarette and Electronic

 

 

HB5004- 105 -LRB102 23330 RJF 32496 b

1Cigarette Sales to Persons under 21 Years of Age Act is amended
2by changing Section 2 as follows:
 
3    (720 ILCS 678/2)
4    Sec. 2. Definitions. For the purpose of this Act:
5    "Cigarette", when used in this Act, means any roll for
6smoking made wholly or in part of tobacco irrespective of size
7or shape and whether or not the tobacco is flavored,
8adulterated, or mixed with any other ingredient, and the
9wrapper or cover of which is made of paper or any other
10substance or material except whole leaf tobacco.
11    "Clear and conspicuous statement" means the statement is
12of sufficient type size to be clearly readable by the
13recipient of the communication.
14    "Consumer" means an individual who acquires or seeks to
15acquire cigarettes or electronic cigarettes for personal use.
16    "Delivery sale" means any sale of cigarettes or electronic
17cigarettes to a consumer if:
18        (a) the consumer submits the order for such sale by
19    means of a telephone or other method of voice
20    transmission, the mails, or the Internet or other online
21    service, or the seller is otherwise not in the physical
22    presence of the buyer when the request for purchase or
23    order is made; or
24        (b) the cigarettes or electronic cigarettes are
25    delivered by use of a common carrier, private delivery

 

 

HB5004- 106 -LRB102 23330 RJF 32496 b

1    service, or the mails, or the seller is not in the physical
2    presence of the buyer when the buyer obtains possession of
3    the cigarettes or electronic cigarettes.
4    "Delivery service" means any person (other than a person
5that makes a delivery sale) who delivers to the consumer the
6cigarettes or electronic cigarettes sold in a delivery sale.
7    "Department" means the Department of Revenue.
8    "Electronic cigarette" means:
9        (1) any device that employs a battery or other
10    mechanism to heat a solution or substance to produce a
11    vapor or aerosol intended for inhalation;
12        (2) any cartridge or container of a solution or
13    substance intended to be used with or in the device or to
14    refill the device; or
15        (3) any solution or substance, whether or not it
16    contains nicotine, intended for use in the device.
17    "Electronic cigarette" includes, but is not limited to,
18any electronic nicotine delivery system, electronic cigar,
19electronic cigarillo, electronic pipe, electronic hookah, vape
20pen, or similar product or device, and any component, part, or
21accessory of a device used during the operation of the device,
22even if the part or accessory was sold separately. "Electronic
23cigarette" does not include: cigarettes, as defined in Section
241 of the Cigarette Tax Act; any product approved by the United
25States Food and Drug Administration for sale as a tobacco
26cessation product, a tobacco dependence product, or for other

 

 

HB5004- 107 -LRB102 23330 RJF 32496 b

1medical purposes that is marketed and sold solely for that
2approved purpose; any asthma inhaler prescribed by a physician
3for that condition that is marketed and sold solely for that
4approved purpose; any device that meets the definition of
5cannabis paraphernalia under Section 1-10 of the Cannabis
6Regulation and Tax Act; or any cannabis product sold by a
7dispensing organization pursuant to the Cannabis Regulation
8and Tax Act or the Compassionate Use of Medical Cannabis
9Program Act.
10    "Government-issued identification" means a State driver's
11license, State identification card, passport, a military
12identification or an official naturalization or immigration
13document, such as a an alien registration recipient card
14(commonly known as a "green card") or an immigrant visa.
15    "Mails" or "mailing" mean the shipment of cigarettes or
16electronic cigarettes through the United States Postal
17Service.
18    "Out-of-state sale" means a sale of cigarettes or
19electronic cigarettes to a consumer located outside of this
20State where the consumer submits the order for such sale by
21means of a telephonic or other method of voice transmission,
22the mails or any other delivery service, facsimile
23transmission, or the Internet or other online service and
24where the cigarettes or electronic cigarettes are delivered by
25use of the mails or other delivery service.
26    "Person" means any individual, corporation, partnership,

 

 

HB5004- 108 -LRB102 23330 RJF 32496 b

1limited liability company, association, or other organization
2that engages in any for-profit or not-for-profit activities.
3    "Shipping package" means a container in which packs or
4cartons of cigarettes or electronic cigarettes are shipped in
5connection with a delivery sale.
6    "Shipping documents" means bills of lading, air bills, or
7any other documents used to evidence the undertaking by a
8delivery service to deliver letters, packages, or other
9containers.
10(Source: P.A. 102-575, eff. 1-1-22.)
 
11    Section 105. The Code of Criminal Procedure of 1963 is
12amended by changing Section 113-8 as follows:
 
13    (725 ILCS 5/113-8)
14    Sec. 113-8. Advisement concerning status as a noncitizen
15an alien.
16    (a) Before the acceptance of a plea of guilty, guilty but
17mentally ill, or nolo contendere to a misdemeanor or felony
18offense, the court shall give the following advisement to the
19defendant in open court:
20    "If you are not a citizen of the United States, you are
21hereby advised that conviction of the offense for which you
22have been charged may have the consequence of deportation,
23exclusion from admission to the United States, or denial of
24naturalization under the laws of the United States.".

 

 

HB5004- 109 -LRB102 23330 RJF 32496 b

1    (b) If the defendant is arraigned on or after the
2effective date of this amendatory Act of the 101st General
3Assembly, and the court fails to advise the defendant as
4required by subsection (a) of this Section, and the defendant
5shows that conviction of the offense to which the defendant
6pleaded guilty, guilty but mentally ill, or nolo contendere
7may have the consequence for the defendant of deportation,
8exclusion from admission to the United States, or denial of
9naturalization under the laws of the United States, the court,
10upon the defendant's motion, shall vacate the judgment and
11permit the defendant to withdraw the plea of guilty, guilty
12but mentally ill, or nolo contendere and enter a plea of not
13guilty. The motion shall be filed within 2 years of the date of
14the defendant's conviction.
15(Source: P.A. 101-409, eff. 1-1-20.)
 
16    Section 110. The Unified Code of Corrections is amended by
17changing Sections 3-2-2 and 5-5-3 as follows:
 
18    (730 ILCS 5/3-2-2)  (from Ch. 38, par. 1003-2-2)
19    Sec. 3-2-2. Powers and duties of the Department.
20    (1) In addition to the powers, duties, and
21responsibilities which are otherwise provided by law, the
22Department shall have the following powers:
23        (a) To accept persons committed to it by the courts of
24    this State for care, custody, treatment, and

 

 

HB5004- 110 -LRB102 23330 RJF 32496 b

1    rehabilitation, and to accept federal prisoners and
2    noncitizens aliens over whom the Office of the Federal
3    Detention Trustee is authorized to exercise the federal
4    detention function for limited purposes and periods of
5    time.
6        (b) To develop and maintain reception and evaluation
7    units for purposes of analyzing the custody and
8    rehabilitation needs of persons committed to it and to
9    assign such persons to institutions and programs under its
10    control or transfer them to other appropriate agencies. In
11    consultation with the Department of Alcoholism and
12    Substance Abuse (now the Department of Human Services),
13    the Department of Corrections shall develop a master plan
14    for the screening and evaluation of persons committed to
15    its custody who have alcohol or drug abuse problems, and
16    for making appropriate treatment available to such
17    persons; the Department shall report to the General
18    Assembly on such plan not later than April 1, 1987. The
19    maintenance and implementation of such plan shall be
20    contingent upon the availability of funds.
21        (b-1) To create and implement, on January 1, 2002, a
22    pilot program to establish the effectiveness of
23    pupillometer technology (the measurement of the pupil's
24    reaction to light) as an alternative to a urine test for
25    purposes of screening and evaluating persons committed to
26    its custody who have alcohol or drug problems. The pilot

 

 

HB5004- 111 -LRB102 23330 RJF 32496 b

1    program shall require the pupillometer technology to be
2    used in at least one Department of Corrections facility.
3    The Director may expand the pilot program to include an
4    additional facility or facilities as he or she deems
5    appropriate. A minimum of 4,000 tests shall be included in
6    the pilot program. The Department must report to the
7    General Assembly on the effectiveness of the program by
8    January 1, 2003.
9        (b-5) To develop, in consultation with the Illinois
10    State Police, a program for tracking and evaluating each
11    inmate from commitment through release for recording his
12    or her gang affiliations, activities, or ranks.
13        (c) To maintain and administer all State correctional
14    institutions and facilities under its control and to
15    establish new ones as needed. Pursuant to its power to
16    establish new institutions and facilities, the Department
17    may, with the written approval of the Governor, authorize
18    the Department of Central Management Services to enter
19    into an agreement of the type described in subsection (d)
20    of Section 405-300 of the Department of Central Management
21    Services Law. The Department shall designate those
22    institutions which shall constitute the State Penitentiary
23    System. The Department of Juvenile Justice shall maintain
24    and administer all State youth centers pursuant to
25    subsection (d) of Section 3-2.5-20.
26        Pursuant to its power to establish new institutions

 

 

HB5004- 112 -LRB102 23330 RJF 32496 b

1    and facilities, the Department may authorize the
2    Department of Central Management Services to accept bids
3    from counties and municipalities for the construction,
4    remodeling, or conversion of a structure to be leased to
5    the Department of Corrections for the purposes of its
6    serving as a correctional institution or facility. Such
7    construction, remodeling, or conversion may be financed
8    with revenue bonds issued pursuant to the Industrial
9    Building Revenue Bond Act by the municipality or county.
10    The lease specified in a bid shall be for a term of not
11    less than the time needed to retire any revenue bonds used
12    to finance the project, but not to exceed 40 years. The
13    lease may grant to the State the option to purchase the
14    structure outright.
15        Upon receipt of the bids, the Department may certify
16    one or more of the bids and shall submit any such bids to
17    the General Assembly for approval. Upon approval of a bid
18    by a constitutional majority of both houses of the General
19    Assembly, pursuant to joint resolution, the Department of
20    Central Management Services may enter into an agreement
21    with the county or municipality pursuant to such bid.
22        (c-5) To build and maintain regional juvenile
23    detention centers and to charge a per diem to the counties
24    as established by the Department to defray the costs of
25    housing each minor in a center. In this subsection (c-5),
26    "juvenile detention center" means a facility to house

 

 

HB5004- 113 -LRB102 23330 RJF 32496 b

1    minors during pendency of trial who have been transferred
2    from proceedings under the Juvenile Court Act of 1987 to
3    prosecutions under the criminal laws of this State in
4    accordance with Section 5-805 of the Juvenile Court Act of
5    1987, whether the transfer was by operation of law or
6    permissive under that Section. The Department shall
7    designate the counties to be served by each regional
8    juvenile detention center.
9        (d) To develop and maintain programs of control,
10    rehabilitation, and employment of committed persons within
11    its institutions.
12        (d-5) To provide a pre-release job preparation program
13    for inmates at Illinois adult correctional centers.
14        (d-10) To provide educational and visitation
15    opportunities to committed persons within its institutions
16    through temporary access to content-controlled tablets
17    that may be provided as a privilege to committed persons
18    to induce or reward compliance.
19        (e) To establish a system of supervision and guidance
20    of committed persons in the community.
21        (f) To establish in cooperation with the Department of
22    Transportation to supply a sufficient number of prisoners
23    for use by the Department of Transportation to clean up
24    the trash and garbage along State, county, township, or
25    municipal highways as designated by the Department of
26    Transportation. The Department of Corrections, at the

 

 

HB5004- 114 -LRB102 23330 RJF 32496 b

1    request of the Department of Transportation, shall furnish
2    such prisoners at least annually for a period to be agreed
3    upon between the Director of Corrections and the Secretary
4    of Transportation. The prisoners used on this program
5    shall be selected by the Director of Corrections on
6    whatever basis he deems proper in consideration of their
7    term, behavior and earned eligibility to participate in
8    such program - where they will be outside of the prison
9    facility but still in the custody of the Department of
10    Corrections. Prisoners convicted of first degree murder,
11    or a Class X felony, or armed violence, or aggravated
12    kidnapping, or criminal sexual assault, aggravated
13    criminal sexual abuse or a subsequent conviction for
14    criminal sexual abuse, or forcible detention, or arson, or
15    a prisoner adjudged a Habitual Criminal shall not be
16    eligible for selection to participate in such program. The
17    prisoners shall remain as prisoners in the custody of the
18    Department of Corrections and such Department shall
19    furnish whatever security is necessary. The Department of
20    Transportation shall furnish trucks and equipment for the
21    highway cleanup program and personnel to supervise and
22    direct the program. Neither the Department of Corrections
23    nor the Department of Transportation shall replace any
24    regular employee with a prisoner.
25        (g) To maintain records of persons committed to it and
26    to establish programs of research, statistics, and

 

 

HB5004- 115 -LRB102 23330 RJF 32496 b

1    planning.
2        (h) To investigate the grievances of any person
3    committed to the Department and to inquire into any
4    alleged misconduct by employees or committed persons; and
5    for these purposes it may issue subpoenas and compel the
6    attendance of witnesses and the production of writings and
7    papers, and may examine under oath any witnesses who may
8    appear before it; to also investigate alleged violations
9    of a parolee's or releasee's conditions of parole or
10    release; and for this purpose it may issue subpoenas and
11    compel the attendance of witnesses and the production of
12    documents only if there is reason to believe that such
13    procedures would provide evidence that such violations
14    have occurred.
15        If any person fails to obey a subpoena issued under
16    this subsection, the Director may apply to any circuit
17    court to secure compliance with the subpoena. The failure
18    to comply with the order of the court issued in response
19    thereto shall be punishable as contempt of court.
20        (i) To appoint and remove the chief administrative
21    officers, and administer programs of training and
22    development of personnel of the Department. Personnel
23    assigned by the Department to be responsible for the
24    custody and control of committed persons or to investigate
25    the alleged misconduct of committed persons or employees
26    or alleged violations of a parolee's or releasee's

 

 

HB5004- 116 -LRB102 23330 RJF 32496 b

1    conditions of parole shall be conservators of the peace
2    for those purposes, and shall have the full power of peace
3    officers outside of the facilities of the Department in
4    the protection, arrest, retaking, and reconfining of
5    committed persons or where the exercise of such power is
6    necessary to the investigation of such misconduct or
7    violations. This subsection shall not apply to persons
8    committed to the Department of Juvenile Justice under the
9    Juvenile Court Act of 1987 on aftercare release.
10        (j) To cooperate with other departments and agencies
11    and with local communities for the development of
12    standards and programs for better correctional services in
13    this State.
14        (k) To administer all moneys and properties of the
15    Department.
16        (l) To report annually to the Governor on the
17    committed persons, institutions, and programs of the
18    Department.
19        (l-5) (Blank).
20        (m) To make all rules and regulations and exercise all
21    powers and duties vested by law in the Department.
22        (n) To establish rules and regulations for
23    administering a system of sentence credits, established in
24    accordance with Section 3-6-3, subject to review by the
25    Prisoner Review Board.
26        (o) To administer the distribution of funds from the

 

 

HB5004- 117 -LRB102 23330 RJF 32496 b

1    State Treasury to reimburse counties where State penal
2    institutions are located for the payment of assistant
3    state's attorneys' salaries under Section 4-2001 of the
4    Counties Code.
5        (p) To exchange information with the Department of
6    Human Services and the Department of Healthcare and Family
7    Services for the purpose of verifying living arrangements
8    and for other purposes directly connected with the
9    administration of this Code and the Illinois Public Aid
10    Code.
11        (q) To establish a diversion program.
12        The program shall provide a structured environment for
13    selected technical parole or mandatory supervised release
14    violators and committed persons who have violated the
15    rules governing their conduct while in work release. This
16    program shall not apply to those persons who have
17    committed a new offense while serving on parole or
18    mandatory supervised release or while committed to work
19    release.
20        Elements of the program shall include, but shall not
21    be limited to, the following:
22            (1) The staff of a diversion facility shall
23        provide supervision in accordance with required
24        objectives set by the facility.
25            (2) Participants shall be required to maintain
26        employment.

 

 

HB5004- 118 -LRB102 23330 RJF 32496 b

1            (3) Each participant shall pay for room and board
2        at the facility on a sliding-scale basis according to
3        the participant's income.
4            (4) Each participant shall:
5                (A) provide restitution to victims in
6            accordance with any court order;
7                (B) provide financial support to his
8            dependents; and
9                (C) make appropriate payments toward any other
10            court-ordered obligations.
11            (5) Each participant shall complete community
12        service in addition to employment.
13            (6) Participants shall take part in such
14        counseling, educational, and other programs as the
15        Department may deem appropriate.
16            (7) Participants shall submit to drug and alcohol
17        screening.
18            (8) The Department shall promulgate rules
19        governing the administration of the program.
20        (r) To enter into intergovernmental cooperation
21    agreements under which persons in the custody of the
22    Department may participate in a county impact
23    incarceration program established under Section 3-6038 or
24    3-15003.5 of the Counties Code.
25        (r-5) (Blank).
26        (r-10) To systematically and routinely identify with

 

 

HB5004- 119 -LRB102 23330 RJF 32496 b

1    respect to each streetgang active within the correctional
2    system: (1) each active gang; (2) every existing
3    inter-gang affiliation or alliance; and (3) the current
4    leaders in each gang. The Department shall promptly
5    segregate leaders from inmates who belong to their gangs
6    and allied gangs. "Segregate" means no physical contact
7    and, to the extent possible under the conditions and space
8    available at the correctional facility, prohibition of
9    visual and sound communication. For the purposes of this
10    paragraph (r-10), "leaders" means persons who:
11            (i) are members of a criminal streetgang;
12            (ii) with respect to other individuals within the
13        streetgang, occupy a position of organizer,
14        supervisor, or other position of management or
15        leadership; and
16            (iii) are actively and personally engaged in
17        directing, ordering, authorizing, or requesting
18        commission of criminal acts by others, which are
19        punishable as a felony, in furtherance of streetgang
20        related activity both within and outside of the
21        Department of Corrections.
22    "Streetgang", "gang", and "streetgang related" have the
23    meanings ascribed to them in Section 10 of the Illinois
24    Streetgang Terrorism Omnibus Prevention Act.
25        (s) To operate a super-maximum security institution,
26    in order to manage and supervise inmates who are

 

 

HB5004- 120 -LRB102 23330 RJF 32496 b

1    disruptive or dangerous and provide for the safety and
2    security of the staff and the other inmates.
3        (t) To monitor any unprivileged conversation or any
4    unprivileged communication, whether in person or by mail,
5    telephone, or other means, between an inmate who, before
6    commitment to the Department, was a member of an organized
7    gang and any other person without the need to show cause or
8    satisfy any other requirement of law before beginning the
9    monitoring, except as constitutionally required. The
10    monitoring may be by video, voice, or other method of
11    recording or by any other means. As used in this
12    subdivision (1)(t), "organized gang" has the meaning
13    ascribed to it in Section 10 of the Illinois Streetgang
14    Terrorism Omnibus Prevention Act.
15        As used in this subdivision (1)(t), "unprivileged
16    conversation" or "unprivileged communication" means a
17    conversation or communication that is not protected by any
18    privilege recognized by law or by decision, rule, or order
19    of the Illinois Supreme Court.
20        (u) To establish a Women's and Children's Pre-release
21    Community Supervision Program for the purpose of providing
22    housing and services to eligible female inmates, as
23    determined by the Department, and their newborn and young
24    children.
25        (u-5) To issue an order, whenever a person committed
26    to the Department absconds or absents himself or herself,

 

 

HB5004- 121 -LRB102 23330 RJF 32496 b

1    without authority to do so, from any facility or program
2    to which he or she is assigned. The order shall be
3    certified by the Director, the Supervisor of the
4    Apprehension Unit, or any person duly designated by the
5    Director, with the seal of the Department affixed. The
6    order shall be directed to all sheriffs, coroners, and
7    police officers, or to any particular person named in the
8    order. Any order issued pursuant to this subdivision
9    (1)(u-5) shall be sufficient warrant for the officer or
10    person named in the order to arrest and deliver the
11    committed person to the proper correctional officials and
12    shall be executed the same as criminal process.
13        (u-6) To appoint a point of contact person who shall
14    receive suggestions, complaints, or other requests to the
15    Department from visitors to Department institutions or
16    facilities and from other members of the public.
17        (v) To do all other acts necessary to carry out the
18    provisions of this Chapter.
19    (2) The Department of Corrections shall by January 1,
201998, consider building and operating a correctional facility
21within 100 miles of a county of over 2,000,000 inhabitants,
22especially a facility designed to house juvenile participants
23in the impact incarceration program.
24    (3) When the Department lets bids for contracts for
25medical services to be provided to persons committed to
26Department facilities by a health maintenance organization,

 

 

HB5004- 122 -LRB102 23330 RJF 32496 b

1medical service corporation, or other health care provider,
2the bid may only be let to a health care provider that has
3obtained an irrevocable letter of credit or performance bond
4issued by a company whose bonds have an investment grade or
5higher rating by a bond rating organization.
6    (4) When the Department lets bids for contracts for food
7or commissary services to be provided to Department
8facilities, the bid may only be let to a food or commissary
9services provider that has obtained an irrevocable letter of
10credit or performance bond issued by a company whose bonds
11have an investment grade or higher rating by a bond rating
12organization.
13    (5) On and after the date 6 months after August 16, 2013
14(the effective date of Public Act 98-488), as provided in the
15Executive Order 1 (2012) Implementation Act, all of the
16powers, duties, rights, and responsibilities related to State
17healthcare purchasing under this Code that were transferred
18from the Department of Corrections to the Department of
19Healthcare and Family Services by Executive Order 3 (2005) are
20transferred back to the Department of Corrections; however,
21powers, duties, rights, and responsibilities related to State
22healthcare purchasing under this Code that were exercised by
23the Department of Corrections before the effective date of
24Executive Order 3 (2005) but that pertain to individuals
25resident in facilities operated by the Department of Juvenile
26Justice are transferred to the Department of Juvenile Justice.

 

 

HB5004- 123 -LRB102 23330 RJF 32496 b

1(Source: P.A. 101-235, eff. 1-1-20; 102-350, eff. 8-13-21;
2102-535, eff. 1-1-22; 102-538, eff. 8-20-21; revised
310-15-21.)
 
4    (730 ILCS 5/5-5-3)
5    Sec. 5-5-3. Disposition.
6    (a) (Blank).
7    (b) (Blank).
8    (c) (1) (Blank).
9    (2) A period of probation, a term of periodic imprisonment
10or conditional discharge shall not be imposed for the
11following offenses. The court shall sentence the offender to
12not less than the minimum term of imprisonment set forth in
13this Code for the following offenses, and may order a fine or
14restitution or both in conjunction with such term of
15imprisonment:
16        (A) First degree murder where the death penalty is not
17    imposed.
18        (B) Attempted first degree murder.
19        (C) A Class X felony.
20        (D) A violation of Section 401.1 or 407 of the
21    Illinois Controlled Substances Act, or a violation of
22    subdivision (c)(1.5) of Section 401 of that Act which
23    relates to more than 5 grams of a substance containing
24    fentanyl or an analog thereof.
25        (D-5) A violation of subdivision (c)(1) of Section 401

 

 

HB5004- 124 -LRB102 23330 RJF 32496 b

1    of the Illinois Controlled Substances Act which relates to
2    3 or more grams of a substance containing heroin or an
3    analog thereof.
4        (E) (Blank).
5        (F) A Class 1 or greater felony if the offender had
6    been convicted of a Class 1 or greater felony, including
7    any state or federal conviction for an offense that
8    contained, at the time it was committed, the same elements
9    as an offense now (the date of the offense committed after
10    the prior Class 1 or greater felony) classified as a Class
11    1 or greater felony, within 10 years of the date on which
12    the offender committed the offense for which he or she is
13    being sentenced, except as otherwise provided in Section
14    40-10 of the Substance Use Disorder Act.
15        (F-3) A Class 2 or greater felony sex offense or
16    felony firearm offense if the offender had been convicted
17    of a Class 2 or greater felony, including any state or
18    federal conviction for an offense that contained, at the
19    time it was committed, the same elements as an offense now
20    (the date of the offense committed after the prior Class 2
21    or greater felony) classified as a Class 2 or greater
22    felony, within 10 years of the date on which the offender
23    committed the offense for which he or she is being
24    sentenced, except as otherwise provided in Section 40-10
25    of the Substance Use Disorder Act.
26        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6

 

 

HB5004- 125 -LRB102 23330 RJF 32496 b

1    of the Criminal Code of 1961 or the Criminal Code of 2012
2    for which imprisonment is prescribed in those Sections.
3        (G) Residential burglary, except as otherwise provided
4    in Section 40-10 of the Substance Use Disorder Act.
5        (H) Criminal sexual assault.
6        (I) Aggravated battery of a senior citizen as
7    described in Section 12-4.6 or subdivision (a)(4) of
8    Section 12-3.05 of the Criminal Code of 1961 or the
9    Criminal Code of 2012.
10        (J) A forcible felony if the offense was related to
11    the activities of an organized gang.
12        Before July 1, 1994, for the purposes of this
13    paragraph, "organized gang" means an association of 5 or
14    more persons, with an established hierarchy, that
15    encourages members of the association to perpetrate crimes
16    or provides support to the members of the association who
17    do commit crimes.
18        Beginning July 1, 1994, for the purposes of this
19    paragraph, "organized gang" has the meaning ascribed to it
20    in Section 10 of the Illinois Streetgang Terrorism Omnibus
21    Prevention Act.
22        (K) Vehicular hijacking.
23        (L) A second or subsequent conviction for the offense
24    of hate crime when the underlying offense upon which the
25    hate crime is based is felony aggravated assault or felony
26    mob action.

 

 

HB5004- 126 -LRB102 23330 RJF 32496 b

1        (M) A second or subsequent conviction for the offense
2    of institutional vandalism if the damage to the property
3    exceeds $300.
4        (N) A Class 3 felony violation of paragraph (1) of
5    subsection (a) of Section 2 of the Firearm Owners
6    Identification Card Act.
7        (O) A violation of Section 12-6.1 or 12-6.5 of the
8    Criminal Code of 1961 or the Criminal Code of 2012.
9        (P) A violation of paragraph (1), (2), (3), (4), (5),
10    or (7) of subsection (a) of Section 11-20.1 of the
11    Criminal Code of 1961 or the Criminal Code of 2012.
12        (P-5) A violation of paragraph (6) of subsection (a)
13    of Section 11-20.1 of the Criminal Code of 1961 or the
14    Criminal Code of 2012 if the victim is a household or
15    family member of the defendant.
16        (Q) A violation of subsection (b) or (b-5) of Section
17    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
18    Code of 1961 or the Criminal Code of 2012.
19        (R) A violation of Section 24-3A of the Criminal Code
20    of 1961 or the Criminal Code of 2012.
21        (S) (Blank).
22        (T) (Blank).
23        (U) A second or subsequent violation of Section 6-303
24    of the Illinois Vehicle Code committed while his or her
25    driver's license, permit, or privilege was revoked because
26    of a violation of Section 9-3 of the Criminal Code of 1961

 

 

HB5004- 127 -LRB102 23330 RJF 32496 b

1    or the Criminal Code of 2012, relating to the offense of
2    reckless homicide, or a similar provision of a law of
3    another state.
4        (V) A violation of paragraph (4) of subsection (c) of
5    Section 11-20.1B or paragraph (4) of subsection (c) of
6    Section 11-20.3 of the Criminal Code of 1961, or paragraph
7    (6) of subsection (a) of Section 11-20.1 of the Criminal
8    Code of 2012 when the victim is under 13 years of age and
9    the defendant has previously been convicted under the laws
10    of this State or any other state of the offense of child
11    pornography, aggravated child pornography, aggravated
12    criminal sexual abuse, aggravated criminal sexual assault,
13    predatory criminal sexual assault of a child, or any of
14    the offenses formerly known as rape, deviate sexual
15    assault, indecent liberties with a child, or aggravated
16    indecent liberties with a child where the victim was under
17    the age of 18 years or an offense that is substantially
18    equivalent to those offenses.
19        (W) A violation of Section 24-3.5 of the Criminal Code
20    of 1961 or the Criminal Code of 2012.
21        (X) A violation of subsection (a) of Section 31-1a of
22    the Criminal Code of 1961 or the Criminal Code of 2012.
23        (Y) A conviction for unlawful possession of a firearm
24    by a street gang member when the firearm was loaded or
25    contained firearm ammunition.
26        (Z) A Class 1 felony committed while he or she was

 

 

HB5004- 128 -LRB102 23330 RJF 32496 b

1    serving a term of probation or conditional discharge for a
2    felony.
3        (AA) Theft of property exceeding $500,000 and not
4    exceeding $1,000,000 in value.
5        (BB) Laundering of criminally derived property of a
6    value exceeding $500,000.
7        (CC) Knowingly selling, offering for sale, holding for
8    sale, or using 2,000 or more counterfeit items or
9    counterfeit items having a retail value in the aggregate
10    of $500,000 or more.
11        (DD) A conviction for aggravated assault under
12    paragraph (6) of subsection (c) of Section 12-2 of the
13    Criminal Code of 1961 or the Criminal Code of 2012 if the
14    firearm is aimed toward the person against whom the
15    firearm is being used.
16        (EE) A conviction for a violation of paragraph (2) of
17    subsection (a) of Section 24-3B of the Criminal Code of
18    2012.
19    (3) (Blank).
20    (4) A minimum term of imprisonment of not less than 10
21consecutive days or 30 days of community service shall be
22imposed for a violation of paragraph (c) of Section 6-303 of
23the Illinois Vehicle Code.
24    (4.1) (Blank).
25    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
26this subsection (c), a minimum of 100 hours of community

 

 

HB5004- 129 -LRB102 23330 RJF 32496 b

1service shall be imposed for a second violation of Section
26-303 of the Illinois Vehicle Code.
3    (4.3) A minimum term of imprisonment of 30 days or 300
4hours of community service, as determined by the court, shall
5be imposed for a second violation of subsection (c) of Section
66-303 of the Illinois Vehicle Code.
7    (4.4) Except as provided in paragraphs (4.5), (4.6), and
8(4.9) of this subsection (c), a minimum term of imprisonment
9of 30 days or 300 hours of community service, as determined by
10the court, shall be imposed for a third or subsequent
11violation of Section 6-303 of the Illinois Vehicle Code. The
12court may give credit toward the fulfillment of community
13service hours for participation in activities and treatment as
14determined by court services.
15    (4.5) A minimum term of imprisonment of 30 days shall be
16imposed for a third violation of subsection (c) of Section
176-303 of the Illinois Vehicle Code.
18    (4.6) Except as provided in paragraph (4.10) of this
19subsection (c), a minimum term of imprisonment of 180 days
20shall be imposed for a fourth or subsequent violation of
21subsection (c) of Section 6-303 of the Illinois Vehicle Code.
22    (4.7) A minimum term of imprisonment of not less than 30
23consecutive days, or 300 hours of community service, shall be
24imposed for a violation of subsection (a-5) of Section 6-303
25of the Illinois Vehicle Code, as provided in subsection (b-5)
26of that Section.

 

 

HB5004- 130 -LRB102 23330 RJF 32496 b

1    (4.8) A mandatory prison sentence shall be imposed for a
2second violation of subsection (a-5) of Section 6-303 of the
3Illinois Vehicle Code, as provided in subsection (c-5) of that
4Section. The person's driving privileges shall be revoked for
5a period of not less than 5 years from the date of his or her
6release from prison.
7    (4.9) A mandatory prison sentence of not less than 4 and
8not more than 15 years shall be imposed for a third violation
9of subsection (a-5) of Section 6-303 of the Illinois Vehicle
10Code, as provided in subsection (d-2.5) of that Section. The
11person's driving privileges shall be revoked for the remainder
12of his or her life.
13    (4.10) A mandatory prison sentence for a Class 1 felony
14shall be imposed, and the person shall be eligible for an
15extended term sentence, for a fourth or subsequent violation
16of subsection (a-5) of Section 6-303 of the Illinois Vehicle
17Code, as provided in subsection (d-3.5) of that Section. The
18person's driving privileges shall be revoked for the remainder
19of his or her life.
20    (5) The court may sentence a corporation or unincorporated
21association convicted of any offense to:
22        (A) a period of conditional discharge;
23        (B) a fine;
24        (C) make restitution to the victim under Section 5-5-6
25    of this Code.
26    (5.1) In addition to any other penalties imposed, and

 

 

HB5004- 131 -LRB102 23330 RJF 32496 b

1except as provided in paragraph (5.2) or (5.3), a person
2convicted of violating subsection (c) of Section 11-907 of the
3Illinois Vehicle Code shall have his or her driver's license,
4permit, or privileges suspended for at least 90 days but not
5more than one year, if the violation resulted in damage to the
6property of another person.
7    (5.2) In addition to any other penalties imposed, and
8except as provided in paragraph (5.3), a person convicted of
9violating subsection (c) of Section 11-907 of the Illinois
10Vehicle Code shall have his or her driver's license, permit,
11or privileges suspended for at least 180 days but not more than
122 years, if the violation resulted in injury to another
13person.
14    (5.3) In addition to any other penalties imposed, a person
15convicted of violating subsection (c) of Section 11-907 of the
16Illinois Vehicle Code shall have his or her driver's license,
17permit, or privileges suspended for 2 years, if the violation
18resulted in the death of another person.
19    (5.4) In addition to any other penalties imposed, a person
20convicted of violating Section 3-707 of the Illinois Vehicle
21Code shall have his or her driver's license, permit, or
22privileges suspended for 3 months and until he or she has paid
23a reinstatement fee of $100.
24    (5.5) In addition to any other penalties imposed, a person
25convicted of violating Section 3-707 of the Illinois Vehicle
26Code during a period in which his or her driver's license,

 

 

HB5004- 132 -LRB102 23330 RJF 32496 b

1permit, or privileges were suspended for a previous violation
2of that Section shall have his or her driver's license,
3permit, or privileges suspended for an additional 6 months
4after the expiration of the original 3-month suspension and
5until he or she has paid a reinstatement fee of $100.
6    (6) (Blank).
7    (7) (Blank).
8    (8) (Blank).
9    (9) A defendant convicted of a second or subsequent
10offense of ritualized abuse of a child may be sentenced to a
11term of natural life imprisonment.
12    (10) (Blank).
13    (11) The court shall impose a minimum fine of $1,000 for a
14first offense and $2,000 for a second or subsequent offense
15upon a person convicted of or placed on supervision for
16battery when the individual harmed was a sports official or
17coach at any level of competition and the act causing harm to
18the sports official or coach occurred within an athletic
19facility or within the immediate vicinity of the athletic
20facility at which the sports official or coach was an active
21participant of the athletic contest held at the athletic
22facility. For the purposes of this paragraph (11), "sports
23official" means a person at an athletic contest who enforces
24the rules of the contest, such as an umpire or referee;
25"athletic facility" means an indoor or outdoor playing field
26or recreational area where sports activities are conducted;

 

 

HB5004- 133 -LRB102 23330 RJF 32496 b

1and "coach" means a person recognized as a coach by the
2sanctioning authority that conducted the sporting event.
3    (12) A person may not receive a disposition of court
4supervision for a violation of Section 5-16 of the Boat
5Registration and Safety Act if that person has previously
6received a disposition of court supervision for a violation of
7that Section.
8    (13) A person convicted of or placed on court supervision
9for an assault or aggravated assault when the victim and the
10offender are family or household members as defined in Section
11103 of the Illinois Domestic Violence Act of 1986 or convicted
12of domestic battery or aggravated domestic battery may be
13required to attend a Partner Abuse Intervention Program under
14protocols set forth by the Illinois Department of Human
15Services under such terms and conditions imposed by the court.
16The costs of such classes shall be paid by the offender.
17    (d) In any case in which a sentence originally imposed is
18vacated, the case shall be remanded to the trial court. The
19trial court shall hold a hearing under Section 5-4-1 of this
20Code which may include evidence of the defendant's life, moral
21character and occupation during the time since the original
22sentence was passed. The trial court shall then impose
23sentence upon the defendant. The trial court may impose any
24sentence which could have been imposed at the original trial
25subject to Section 5-5-4 of this Code. If a sentence is vacated
26on appeal or on collateral attack due to the failure of the

 

 

HB5004- 134 -LRB102 23330 RJF 32496 b

1trier of fact at trial to determine beyond a reasonable doubt
2the existence of a fact (other than a prior conviction)
3necessary to increase the punishment for the offense beyond
4the statutory maximum otherwise applicable, either the
5defendant may be re-sentenced to a term within the range
6otherwise provided or, if the State files notice of its
7intention to again seek the extended sentence, the defendant
8shall be afforded a new trial.
9    (e) In cases where prosecution for aggravated criminal
10sexual abuse under Section 11-1.60 or 12-16 of the Criminal
11Code of 1961 or the Criminal Code of 2012 results in conviction
12of a defendant who was a family member of the victim at the
13time of the commission of the offense, the court shall
14consider the safety and welfare of the victim and may impose a
15sentence of probation only where:
16        (1) the court finds (A) or (B) or both are
17    appropriate:
18            (A) the defendant is willing to undergo a court
19        approved counseling program for a minimum duration of
20        2 years; or
21            (B) the defendant is willing to participate in a
22        court approved plan, including, but not limited to,
23        the defendant's:
24                (i) removal from the household;
25                (ii) restricted contact with the victim;
26                (iii) continued financial support of the

 

 

HB5004- 135 -LRB102 23330 RJF 32496 b

1            family;
2                (iv) restitution for harm done to the victim;
3            and
4                (v) compliance with any other measures that
5            the court may deem appropriate; and
6        (2) the court orders the defendant to pay for the
7    victim's counseling services, to the extent that the court
8    finds, after considering the defendant's income and
9    assets, that the defendant is financially capable of
10    paying for such services, if the victim was under 18 years
11    of age at the time the offense was committed and requires
12    counseling as a result of the offense.
13    Probation may be revoked or modified pursuant to Section
145-6-4; except where the court determines at the hearing that
15the defendant violated a condition of his or her probation
16restricting contact with the victim or other family members or
17commits another offense with the victim or other family
18members, the court shall revoke the defendant's probation and
19impose a term of imprisonment.
20    For the purposes of this Section, "family member" and
21"victim" shall have the meanings ascribed to them in Section
2211-0.1 of the Criminal Code of 2012.
23    (f) (Blank).
24    (g) Whenever a defendant is convicted of an offense under
25Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
2611-14.3, 11-14.4 except for an offense that involves keeping a

 

 

HB5004- 136 -LRB102 23330 RJF 32496 b

1place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
211-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
312-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
4Criminal Code of 2012, the defendant shall undergo medical
5testing to determine whether the defendant has any sexually
6transmissible disease, including a test for infection with
7human immunodeficiency virus (HIV) or any other identified
8causative agent of acquired immunodeficiency syndrome (AIDS).
9Any such medical test shall be performed only by appropriately
10licensed medical practitioners and may include an analysis of
11any bodily fluids as well as an examination of the defendant's
12person. Except as otherwise provided by law, the results of
13such test shall be kept strictly confidential by all medical
14personnel involved in the testing and must be personally
15delivered in a sealed envelope to the judge of the court in
16which the conviction was entered for the judge's inspection in
17camera. Acting in accordance with the best interests of the
18victim and the public, the judge shall have the discretion to
19determine to whom, if anyone, the results of the testing may be
20revealed. The court shall notify the defendant of the test
21results. The court shall also notify the victim if requested
22by the victim, and if the victim is under the age of 15 and if
23requested by the victim's parents or legal guardian, the court
24shall notify the victim's parents or legal guardian of the
25test results. The court shall provide information on the
26availability of HIV testing and counseling at Department of

 

 

HB5004- 137 -LRB102 23330 RJF 32496 b

1Public Health facilities to all parties to whom the results of
2the testing are revealed and shall direct the State's Attorney
3to provide the information to the victim when possible. The
4court shall order that the cost of any such test shall be paid
5by the county and may be taxed as costs against the convicted
6defendant.
7    (g-5) When an inmate is tested for an airborne
8communicable disease, as determined by the Illinois Department
9of Public Health, including, but not limited to, tuberculosis,
10the results of the test shall be personally delivered by the
11warden or his or her designee in a sealed envelope to the judge
12of the court in which the inmate must appear for the judge's
13inspection in camera if requested by the judge. Acting in
14accordance with the best interests of those in the courtroom,
15the judge shall have the discretion to determine what if any
16precautions need to be taken to prevent transmission of the
17disease in the courtroom.
18    (h) Whenever a defendant is convicted of an offense under
19Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
20defendant shall undergo medical testing to determine whether
21the defendant has been exposed to human immunodeficiency virus
22(HIV) or any other identified causative agent of acquired
23immunodeficiency syndrome (AIDS). Except as otherwise provided
24by law, the results of such test shall be kept strictly
25confidential by all medical personnel involved in the testing
26and must be personally delivered in a sealed envelope to the

 

 

HB5004- 138 -LRB102 23330 RJF 32496 b

1judge of the court in which the conviction was entered for the
2judge's inspection in camera. Acting in accordance with the
3best interests of the public, the judge shall have the
4discretion to determine to whom, if anyone, the results of the
5testing may be revealed. The court shall notify the defendant
6of a positive test showing an infection with the human
7immunodeficiency virus (HIV). The court shall provide
8information on the availability of HIV testing and counseling
9at Department of Public Health facilities to all parties to
10whom the results of the testing are revealed and shall direct
11the State's Attorney to provide the information to the victim
12when possible. The court shall order that the cost of any such
13test shall be paid by the county and may be taxed as costs
14against the convicted defendant.
15    (i) All fines and penalties imposed under this Section for
16any violation of Chapters 3, 4, 6, and 11 of the Illinois
17Vehicle Code, or a similar provision of a local ordinance, and
18any violation of the Child Passenger Protection Act, or a
19similar provision of a local ordinance, shall be collected and
20disbursed by the circuit clerk as provided under the Criminal
21and Traffic Assessment Act.
22    (j) In cases when prosecution for any violation of Section
2311-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
2411-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
2511-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
2611-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,

 

 

HB5004- 139 -LRB102 23330 RJF 32496 b

112-15, or 12-16 of the Criminal Code of 1961 or the Criminal
2Code of 2012, any violation of the Illinois Controlled
3Substances Act, any violation of the Cannabis Control Act, or
4any violation of the Methamphetamine Control and Community
5Protection Act results in conviction, a disposition of court
6supervision, or an order of probation granted under Section 10
7of the Cannabis Control Act, Section 410 of the Illinois
8Controlled Substances Act, or Section 70 of the
9Methamphetamine Control and Community Protection Act of a
10defendant, the court shall determine whether the defendant is
11employed by a facility or center as defined under the Child
12Care Act of 1969, a public or private elementary or secondary
13school, or otherwise works with children under 18 years of age
14on a daily basis. When a defendant is so employed, the court
15shall order the Clerk of the Court to send a copy of the
16judgment of conviction or order of supervision or probation to
17the defendant's employer by certified mail. If the employer of
18the defendant is a school, the Clerk of the Court shall direct
19the mailing of a copy of the judgment of conviction or order of
20supervision or probation to the appropriate regional
21superintendent of schools. The regional superintendent of
22schools shall notify the State Board of Education of any
23notification under this subsection.
24    (j-5) A defendant at least 17 years of age who is convicted
25of a felony and who has not been previously convicted of a
26misdemeanor or felony and who is sentenced to a term of

 

 

HB5004- 140 -LRB102 23330 RJF 32496 b

1imprisonment in the Illinois Department of Corrections shall
2as a condition of his or her sentence be required by the court
3to attend educational courses designed to prepare the
4defendant for a high school diploma and to work toward a high
5school diploma or to work toward passing high school
6equivalency testing or to work toward completing a vocational
7training program offered by the Department of Corrections. If
8a defendant fails to complete the educational training
9required by his or her sentence during the term of
10incarceration, the Prisoner Review Board shall, as a condition
11of mandatory supervised release, require the defendant, at his
12or her own expense, to pursue a course of study toward a high
13school diploma or passage of high school equivalency testing.
14The Prisoner Review Board shall revoke the mandatory
15supervised release of a defendant who wilfully fails to comply
16with this subsection (j-5) upon his or her release from
17confinement in a penal institution while serving a mandatory
18supervised release term; however, the inability of the
19defendant after making a good faith effort to obtain financial
20aid or pay for the educational training shall not be deemed a
21wilful failure to comply. The Prisoner Review Board shall
22recommit the defendant whose mandatory supervised release term
23has been revoked under this subsection (j-5) as provided in
24Section 3-3-9. This subsection (j-5) does not apply to a
25defendant who has a high school diploma or has successfully
26passed high school equivalency testing. This subsection (j-5)

 

 

HB5004- 141 -LRB102 23330 RJF 32496 b

1does not apply to a defendant who is determined by the court to
2be a person with a developmental disability or otherwise
3mentally incapable of completing the educational or vocational
4program.
5    (k) (Blank).
6    (l) (A) Except as provided in paragraph (C) of subsection
7(l), whenever a defendant, who is not a citizen or national of
8the United States an alien as defined by the Immigration and
9Nationality Act, is convicted of any felony or misdemeanor
10offense, the court after sentencing the defendant may, upon
11motion of the State's Attorney, hold sentence in abeyance and
12remand the defendant to the custody of the Attorney General of
13the United States or his or her designated agent to be deported
14when:
15        (1) a final order of deportation has been issued
16    against the defendant pursuant to proceedings under the
17    Immigration and Nationality Act, and
18        (2) the deportation of the defendant would not
19    deprecate the seriousness of the defendant's conduct and
20    would not be inconsistent with the ends of justice.
21    Otherwise, the defendant shall be sentenced as provided in
22this Chapter V.
23    (B) If the defendant has already been sentenced for a
24felony or misdemeanor offense, or has been placed on probation
25under Section 10 of the Cannabis Control Act, Section 410 of
26the Illinois Controlled Substances Act, or Section 70 of the

 

 

HB5004- 142 -LRB102 23330 RJF 32496 b

1Methamphetamine Control and Community Protection Act, the
2court may, upon motion of the State's Attorney to suspend the
3sentence imposed, commit the defendant to the custody of the
4Attorney General of the United States or his or her designated
5agent when:
6        (1) a final order of deportation has been issued
7    against the defendant pursuant to proceedings under the
8    Immigration and Nationality Act, and
9        (2) the deportation of the defendant would not
10    deprecate the seriousness of the defendant's conduct and
11    would not be inconsistent with the ends of justice.
12    (C) This subsection (l) does not apply to offenders who
13are subject to the provisions of paragraph (2) of subsection
14(a) of Section 3-6-3.
15    (D) Upon motion of the State's Attorney, if a defendant
16sentenced under this Section returns to the jurisdiction of
17the United States, the defendant shall be recommitted to the
18custody of the county from which he or she was sentenced.
19Thereafter, the defendant shall be brought before the
20sentencing court, which may impose any sentence that was
21available under Section 5-5-3 at the time of initial
22sentencing. In addition, the defendant shall not be eligible
23for additional earned sentence credit as provided under
24Section 3-6-3.
25    (m) A person convicted of criminal defacement of property
26under Section 21-1.3 of the Criminal Code of 1961 or the

 

 

HB5004- 143 -LRB102 23330 RJF 32496 b

1Criminal Code of 2012, in which the property damage exceeds
2$300 and the property damaged is a school building, shall be
3ordered to perform community service that may include cleanup,
4removal, or painting over the defacement.
5    (n) The court may sentence a person convicted of a
6violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
7subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
8of 1961 or the Criminal Code of 2012 (i) to an impact
9incarceration program if the person is otherwise eligible for
10that program under Section 5-8-1.1, (ii) to community service,
11or (iii) if the person has a substance use disorder, as defined
12in the Substance Use Disorder Act, to a treatment program
13licensed under that Act.
14    (o) Whenever a person is convicted of a sex offense as
15defined in Section 2 of the Sex Offender Registration Act, the
16defendant's driver's license or permit shall be subject to
17renewal on an annual basis in accordance with the provisions
18of license renewal established by the Secretary of State.
19(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
20102-531, eff. 1-1-22; revised 10-12-21.)
 
21    Section 115. The Income Withholding for Support Act is
22amended by changing Section 20 as follows:
 
23    (750 ILCS 28/20)
24    Sec. 20. Entry of order for support containing income

 

 

HB5004- 144 -LRB102 23330 RJF 32496 b

1withholding provisions; income withholding notice.
2    (a) In addition to any content required under other laws,
3every order for support entered on or after July 1, 1997,
4shall:
5        (1) Require an income withholding notice to be
6    prepared and served immediately upon any payor of the
7    obligor by the obligee or public office, unless a written
8    agreement is reached between and signed by both parties
9    providing for an alternative arrangement, approved and
10    entered into the record by the court, which ensures
11    payment of support. In that case, the order for support
12    shall provide that an income withholding notice is to be
13    prepared and served only if the obligor becomes delinquent
14    in paying the order for support; and
15        (2) Contain a dollar amount to be paid until payment
16    in full of any delinquency that accrues after entry of the
17    order for support. The amount for payment of delinquency
18    shall not be less than 20% of the total of the current
19    support amount and the amount to be paid periodically for
20    payment of any arrearage stated in the order for support;
21    and
22        (3) Include the obligor's Social Security Number,
23    which the obligor shall disclose to the court. If the
24    obligor is not a United States citizen, the obligor shall
25    disclose to the court, and the court shall include in the
26    order for support, the obligor's alien registration number

 

 

HB5004- 145 -LRB102 23330 RJF 32496 b

1    as a noncitizen, passport number, and home country's
2    social security or national health number, if applicable.
3    (b) At the time the order for support is entered, the Clerk
4of the Circuit Court shall provide a copy of the order to the
5obligor and shall make copies available to the obligee and
6public office.
7    (c) The income withholding notice shall:
8        (1) be in the standard format prescribed by the
9    federal Department of Health and Human Services; and
10        (1.1) state the date of entry of the order for support
11    upon which the income withholding notice is based; and
12        (2) direct any payor to withhold the dollar amount
13    required for current support under the order for support;
14    and
15        (3) direct any payor to withhold the dollar amount
16    required to be paid periodically under the order for
17    support for payment of the amount of any arrearage stated
18    in the order for support; and
19        (4) direct any payor or labor union or trade union to
20    enroll a child as a beneficiary of a health insurance plan
21    and withhold or cause to be withheld, if applicable, any
22    required premiums; and
23        (5) state the amount of the payor income withholding
24    fee specified under this Section; and
25        (6) state that the amount actually withheld from the
26    obligor's income for support and other purposes, including

 

 

HB5004- 146 -LRB102 23330 RJF 32496 b

1    the payor withholding fee specified under this Section,
2    may not be in excess of the maximum amount permitted under
3    the federal Consumer Credit Protection Act; and
4        (7) in bold face type, the size of which equals the
5    largest type on the notice, state the duties of the payor
6    and the fines and penalties for failure to withhold and
7    pay over income and for discharging, disciplining,
8    refusing to hire, or otherwise penalizing the obligor
9    because of the duty to withhold and pay over income under
10    this Section; and
11        (8) state the rights, remedies, and duties of the
12    obligor under this Section; and
13        (9) include the Social Security number of the obligor;
14    and
15        (10) (blank); and
16        (11) contain the signature of the obligee or the
17    printed name and telephone number of the authorized
18    representative of the public office, except that the
19    failure to contain the signature of the obligee or the
20    printed name and telephone number of the authorized
21    representative of the public office shall not affect the
22    validity of the income withholding notice; and
23        (12) direct any payor to pay over amounts withheld for
24    payment of support to the State Disbursement Unit.
25    (d) The accrual of a delinquency as a condition for
26service of an income withholding notice, under the exception

 

 

HB5004- 147 -LRB102 23330 RJF 32496 b

1to immediate withholding in subsection (a) of this Section,
2shall apply only to the initial service of an income
3withholding notice on a payor of the obligor.
4    (e) Notwithstanding the exception to immediate withholding
5contained in subsection (a) of this Section, if the court
6finds at the time of any hearing that an arrearage has accrued,
7the court shall order immediate service of an income
8withholding notice upon the payor.
9    (f) If the order for support, under the exception to
10immediate withholding contained in subsection (a) of this
11Section, provides that an income withholding notice is to be
12prepared and served only if the obligor becomes delinquent in
13paying the order for support, the obligor may execute a
14written waiver of that condition and request immediate service
15on the payor.
16    (g) The obligee or public office may serve the income
17withholding notice on the payor or its superintendent,
18manager, or other agent by ordinary mail or certified mail
19return receipt requested, by facsimile transmission or other
20electronic means, by personal delivery, or by any method
21provided by law for service of a summons. At the time of
22service on the payor and as notice that withholding has
23commenced, the obligee or public office shall serve a copy of
24the income withholding notice on the obligor by ordinary mail
25addressed to his or her last known address. A copy of an income
26withholding notice and proof of service shall be filed with

 

 

HB5004- 148 -LRB102 23330 RJF 32496 b

1the Clerk of the Circuit Court only when necessary in
2connection with a petition to contest, modify, suspend,
3terminate, or correct an income withholding notice, an action
4to enforce income withholding against a payor, or the
5resolution of other disputes involving an income withholding
6notice. The changes made to this subsection by this amendatory
7Act of the 96th General Assembly apply on and after September
81, 2009.
9    (h) At any time after the initial service of an income
10withholding notice, any other payor of the obligor may be
11served with the same income withholding notice without further
12notice to the obligor. A copy of the income withholding notice
13together with a proof of service on the other payor shall be
14filed with the Clerk of the Circuit Court.
15    (i) New service of an income withholding notice is not
16required in order to resume withholding of income in the case
17of an obligor with respect to whom an income withholding
18notice was previously served on the payor if withholding of
19income was terminated because of an interruption in the
20obligor's employment of less than 180 days.
21(Source: P.A. 97-994, eff. 8-17-12; 98-81, eff. 7-15-13.)
 
22    Section 120. The Property Owned By Aliens Act is amended
23by changing the title of the Act and Sections 0.01, 7, and 8 as
24follows:
 

 

 

HB5004- 149 -LRB102 23330 RJF 32496 b

1    (765 ILCS 60/Act title)
2    An Act concerning the right of noncitizens aliens to
3acquire and hold real and personal property.
 
4    (765 ILCS 60/0.01)  (from Ch. 6, par. 0.01)
5    Sec. 0.01. Short title. This Act may be cited as the
6Property Owned By Noncitizens Aliens Act.
7(Source: P.A. 86-1324.)
 
8    (765 ILCS 60/7)  (from Ch. 6, par. 7)
9    Sec. 7. All noncitizens aliens may acquire, hold, and
10dispose of real and personal property in the same manner and to
11the same extent as natural born citizens of the United States,
12and the personal estate of a noncitizen an alien dying
13intestate shall be distributed in the same manner as the
14estates of natural born citizens, and all persons interested
15in such estate shall be entitled to proper distributive shares
16thereof under the laws of this state, whether they are
17noncitizens aliens or not.
18    This amendatory Act of 1992 does not apply to the
19Agricultural Foreign Investment Disclosure Act.
20(Source: P.A. 87-1101.)
 
21    (765 ILCS 60/8)  (from Ch. 6, par. 8)
22    Sec. 8. An act in regard to noncitizens aliens and to
23restrict their right to acquire and hold real and personal

 

 

HB5004- 150 -LRB102 23330 RJF 32496 b

1estate and to provide for the disposition of the lands now
2owned by non-resident noncitizens aliens, approved June 16,
31887, and in force July 1, 1887, and all other acts and parts
4of acts in conflict with this act, are hereby repealed.
5(Source: Laws 1897, p. 5.)
 
6    Section 125. The Property Taxes of Alien Landlords Act is
7amended by changing the title of the Act and Sections 0.01 and
81 as follows:
 
9    (765 ILCS 725/Act title)
10    An Act to prevent noncitizen alien landlords from
11including the payment of taxes in the rent of farm lands as a
12part of the rental thereof.
 
13    (765 ILCS 725/0.01)  (from Ch. 6, par. 8.9)
14    Sec. 0.01. Short title. This Act may be cited as the
15Property Taxes Of Noncitizen Alien Landlords Act.
16(Source: P.A. 86-1324.)
 
17    (765 ILCS 725/1)  (from Ch. 6, par. 9)
18    Sec. 1. No contract, agreement or lease in writing or by
19parol, by which any lands or tenements therein are demised or
20leased by any noncitizen alien or his agents for the purpose of
21farming, cultivation or the raising of crops thereon, shall
22contain any provision requiring the tenant or other person for

 

 

HB5004- 151 -LRB102 23330 RJF 32496 b

1him, to pay taxes on said lands or tenements, or any part
2thereof, and all such provisions, agreements and leases so
3made are declared void as to the taxes aforesaid. If any
4noncitizen alien landlord or his agents shall receive in
5advance or at any other time any sum of money or article of
6value from any tenant in lieu of such taxes, directly or
7indirectly, the same may be recovered back by such tenant
8before any court having jurisdiction of the amount thereof,
9and all provisions or agreements in writing or otherwise to
10pay such taxes shall be held in all courts of this state to be
11void.
12(Source: P.A. 81-1509.)
 
13    Section 130. The Illinois Human Rights Act is amended by
14changing Section 2-101 as follows:
 
15    (775 ILCS 5/2-101)
16    Sec. 2-101. Definitions. The following definitions are
17applicable strictly in the context of this Article.
18    (A) Employee.
19        (1) "Employee" includes:
20            (a) Any individual performing services for
21        remuneration within this State for an employer;
22            (b) An apprentice;
23            (c) An applicant for any apprenticeship.
24        For purposes of subsection (D) of Section 2-102 of

 

 

HB5004- 152 -LRB102 23330 RJF 32496 b

1    this Act, "employee" also includes an unpaid intern. An
2    unpaid intern is a person who performs work for an
3    employer under the following circumstances:
4            (i) the employer is not committed to hiring the
5        person performing the work at the conclusion of the
6        intern's tenure;
7            (ii) the employer and the person performing the
8        work agree that the person is not entitled to wages for
9        the work performed; and
10            (iii) the work performed:
11                (I) supplements training given in an
12            educational environment that may enhance the
13            employability of the intern;
14                (II) provides experience for the benefit of
15            the person performing the work;
16                (III) does not displace regular employees;
17                (IV) is performed under the close supervision
18            of existing staff; and
19                (V) provides no immediate advantage to the
20            employer providing the training and may
21            occasionally impede the operations of the
22            employer.
23        (2) "Employee" does not include:
24            (a) (Blank);
25            (b) Individuals employed by persons who are not
26        "employers" as defined by this Act;

 

 

HB5004- 153 -LRB102 23330 RJF 32496 b

1            (c) Elected public officials or the members of
2        their immediate personal staffs;
3            (d) Principal administrative officers of the State
4        or of any political subdivision, municipal corporation
5        or other governmental unit or agency;
6            (e) A person in a vocational rehabilitation
7        facility certified under federal law who has been
8        designated an evaluee, trainee, or work activity
9        client.
10    (B) Employer.
11        (1) "Employer" includes:
12            (a) Any person employing one or more employees
13        within Illinois during 20 or more calendar weeks
14        within the calendar year of or preceding the alleged
15        violation;
16            (b) Any person employing one or more employees
17        when a complainant alleges civil rights violation due
18        to unlawful discrimination based upon his or her
19        physical or mental disability unrelated to ability,
20        pregnancy, or sexual harassment;
21            (c) The State and any political subdivision,
22        municipal corporation or other governmental unit or
23        agency, without regard to the number of employees;
24            (d) Any party to a public contract without regard
25        to the number of employees;
26            (e) A joint apprenticeship or training committee

 

 

HB5004- 154 -LRB102 23330 RJF 32496 b

1        without regard to the number of employees.
2        (2) "Employer" does not include any place of worship,
3    religious corporation, association, educational
4    institution, society, or non-profit nursing institution
5    conducted by and for those who rely upon treatment by
6    prayer through spiritual means in accordance with the
7    tenets of a recognized church or religious denomination
8    with respect to the employment of individuals of a
9    particular religion to perform work connected with the
10    carrying on by such place of worship, corporation,
11    association, educational institution, society or
12    non-profit nursing institution of its activities.
13    (C) Employment Agency. "Employment Agency" includes both
14public and private employment agencies and any person, labor
15organization, or labor union having a hiring hall or hiring
16office regularly undertaking, with or without compensation, to
17procure opportunities to work, or to procure, recruit, refer
18or place employees.
19    (D) Labor Organization. "Labor Organization" includes any
20organization, labor union, craft union, or any voluntary
21unincorporated association designed to further the cause of
22the rights of union labor which is constituted for the
23purpose, in whole or in part, of collective bargaining or of
24dealing with employers concerning grievances, terms or
25conditions of employment, or apprenticeships or applications
26for apprenticeships, or of other mutual aid or protection in

 

 

HB5004- 155 -LRB102 23330 RJF 32496 b

1connection with employment, including apprenticeships or
2applications for apprenticeships.
3    (E) Sexual Harassment. "Sexual harassment" means any
4unwelcome sexual advances or requests for sexual favors or any
5conduct of a sexual nature when (1) submission to such conduct
6is made either explicitly or implicitly a term or condition of
7an individual's employment, (2) submission to or rejection of
8such conduct by an individual is used as the basis for
9employment decisions affecting such individual, or (3) such
10conduct has the purpose or effect of substantially interfering
11with an individual's work performance or creating an
12intimidating, hostile or offensive working environment.
13    For purposes of this definition, the phrase "working
14environment" is not limited to a physical location an employee
15is assigned to perform his or her duties.
16    (E-1) Harassment. "Harassment" means any unwelcome conduct
17on the basis of an individual's actual or perceived race,
18color, religion, national origin, ancestry, age, sex, marital
19status, order of protection status, disability, military
20status, sexual orientation, pregnancy, unfavorable discharge
21from military service, citizenship status, or work
22authorization status that has the purpose or effect of
23substantially interfering with the individual's work
24performance or creating an intimidating, hostile, or offensive
25working environment. For purposes of this definition, the
26phrase "working environment" is not limited to a physical

 

 

HB5004- 156 -LRB102 23330 RJF 32496 b

1location an employee is assigned to perform his or her duties.
2    (F) Religion. "Religion" with respect to employers
3includes all aspects of religious observance and practice, as
4well as belief, unless an employer demonstrates that he is
5unable to reasonably accommodate an employee's or prospective
6employee's religious observance or practice without undue
7hardship on the conduct of the employer's business.
8    (G) Public Employer. "Public employer" means the State, an
9agency or department thereof, unit of local government, school
10district, instrumentality or political subdivision.
11    (H) Public Employee. "Public employee" means an employee
12of the State, agency or department thereof, unit of local
13government, school district, instrumentality or political
14subdivision. "Public employee" does not include public
15officers or employees of the General Assembly or agencies
16thereof.
17    (I) Public Officer. "Public officer" means a person who is
18elected to office pursuant to the Constitution or a statute or
19ordinance, or who is appointed to an office which is
20established, and the qualifications and duties of which are
21prescribed, by the Constitution or a statute or ordinance, to
22discharge a public duty for the State, agency or department
23thereof, unit of local government, school district,
24instrumentality or political subdivision.
25    (J) Eligible Bidder. "Eligible bidder" means a person who,
26prior to contract award or prior to bid opening for State

 

 

HB5004- 157 -LRB102 23330 RJF 32496 b

1contracts for construction or construction-related services,
2has filed with the Department a properly completed, sworn and
3currently valid employer report form, pursuant to the
4Department's regulations. The provisions of this Article
5relating to eligible bidders apply only to bids on contracts
6with the State and its departments, agencies, boards, and
7commissions, and the provisions do not apply to bids on
8contracts with units of local government or school districts.
9    (K) Citizenship Status. "Citizenship status" means the
10status of being:
11        (1) a born U.S. citizen;
12        (2) a naturalized U.S. citizen;
13        (3) a U.S. national; or
14        (4) a person born outside the United States and not a
15    U.S. citizen who is not an unauthorized noncitizen alien
16    and who is protected from discrimination under the
17    provisions of Section 1324b of Title 8 of the United
18    States Code, as now or hereafter amended.
19    (L) Work Authorization Status. "Work authorization status"
20means the status of being a person born outside of the United
21States, and not a U.S. citizen, who is authorized by the
22federal government to work in the United States.
23(Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20;
24102-233, eff. 8-2-21; 102-558, eff. 8-20-21.)
 
25    Section 135. The Resident Alien Course Act is amended by

 

 

HB5004- 158 -LRB102 23330 RJF 32496 b

1changing the title of the Act and Sections 0.01, 1, 2, and 3 as
2follows:
 
3    (815 ILCS 400/Act title)
4    An Act concerning fees charged for courses offered to
5persons seeking permanent resident noncitizen alien status
6under the Immigration Reform and Control Act of 1986.
 
7    (815 ILCS 400/0.01)  (from Ch. 111, par. 8050)
8    Sec. 0.01. Short title. This Act may be cited as the
9Resident Noncitizen Alien Course Act.
10(Source: P.A. 86-1324.)
 
11    (815 ILCS 400/1)  (from Ch. 111, par. 8051)
12    Sec. 1. No individual or agency, authorized by the U.S.
13Immigration and Naturalization Service to offer a course
14leading to a certificate of satisfactory pursuit for issuance
15of permanent resident noncitizen alien status, may charge a
16fee for such course in excess of $5 per hour per individual up
17to the first 60 hours of instruction or $500 for up to 12
18months of instruction from the date of registration. As used
19in this Section, the term "fee" includes all costs associated
20with the course, including the costs of instruction and
21materials.
22(Source: P.A. 86-831.)
 

 

 

HB5004- 159 -LRB102 23330 RJF 32496 b

1    (815 ILCS 400/2)  (from Ch. 111, par. 8052)
2    Sec. 2. No individual or agency which offers any service
3or course with the promise of preparing the recipient or
4enrollee for the English and civics exam of the U.S.
5Immigration and Naturalization Service for issuance of
6permanent resident noncitizen alien status may charge a fee
7for such service or course in excess of $5 per hour per
8individual up to the first 60 hours of instruction or $500 for
9up to 12 months of instruction from the date of registration.
10As used in this Section, the term "fee" includes all costs
11associated with the service or course, including the costs of
12instruction and materials.
13(Source: P.A. 86-831.)
 
14    (815 ILCS 400/3)  (from Ch. 111, par. 8053)
15    Sec. 3. Any individual or agency offering a course or
16service described in Section 2 shall include within any
17literature or print or electronic advertisement for such
18service or course a statement that such service or course is
19designed to prepare the recipient or enrollee for the English
20and civics exam of the U.S. Immigration and Naturalization
21Service and that the individual or agency offering the service
22or course does not issue the certificate of satisfactory
23pursuit required by the U.S. Immigration and Naturalization
24Service for issuance of permanent resident noncitizen alien
25status.

 

 

HB5004- 160 -LRB102 23330 RJF 32496 b

1(Source: P.A. 86-831.)
 
2    Section 140. The Consumer Fraud and Deceptive Business
3Practices Act is amended by changing Section 2AA as follows:
 
4    (815 ILCS 505/2AA)
5    Sec. 2AA. Immigration services.
6    (a) "Immigration matter" means any proceeding, filing, or
7action affecting the nonimmigrant, immigrant or citizenship
8status of any person that arises under immigration and
9naturalization law, executive order or presidential
10proclamation of the United States or any foreign country, or
11that arises under action of the United States Citizenship and
12Immigration Services, the United States Department of Labor,
13or the United States Department of State.
14    "Immigration assistance service" means any information or
15action provided or offered to customers or prospective
16customers related to immigration matters, excluding legal
17advice, recommending a specific course of legal action, or
18providing any other assistance that requires legal analysis,
19legal judgment, or interpretation of the law.
20    "Compensation" means money, property, services, promise of
21payment, or anything else of value.
22    "Employed by" means that a person is on the payroll of the
23employer and the employer deducts from the employee's paycheck
24social security and withholding taxes, or receives

 

 

HB5004- 161 -LRB102 23330 RJF 32496 b

1compensation from the employer on a commission basis or as an
2independent contractor.
3    "Reasonable costs" means actual costs or, if actual costs
4cannot be calculated, reasonably estimated costs of such
5things as photocopying, telephone calls, document requests,
6and filing fees for immigration forms, and other nominal costs
7incidental to assistance in an immigration matter.
8    (a-1) The General Assembly finds and declares that private
9individuals who assist persons with immigration matters have a
10significant impact on the ability of their clients to reside
11and work within the United States and to establish and
12maintain stable families and business relationships. The
13General Assembly further finds that that assistance and its
14impact also have a significant effect on the cultural, social,
15and economic life of the State of Illinois and thereby
16substantially affect the public interest. It is the intent of
17the General Assembly to establish rules of practice and
18conduct for those individuals to promote honesty and fair
19dealing with residents and to preserve public confidence.
20    (a-5) The following persons are exempt from this Section,
21provided they prove the exemption by a preponderance of the
22evidence:
23        (1) An attorney licensed to practice law in any state
24    or territory of the United States, or of any foreign
25    country when authorized by the Illinois Supreme Court, to
26    the extent the attorney renders immigration assistance

 

 

HB5004- 162 -LRB102 23330 RJF 32496 b

1    service in the course of his or her practice as an
2    attorney.
3        (2) A legal intern, as described by the rules of the
4    Illinois Supreme Court, employed by and under the direct
5    supervision of a licensed attorney and rendering
6    immigration assistance service in the course of the
7    intern's employment.
8        (3) A not-for-profit organization recognized by the
9    Board of Immigration Appeals under 8 CFR 292.2(a) and
10    employees of those organizations accredited under 8 CFR
11    292.2(d).
12        (4) Any organization employing or desiring to employ a
13    documented or undocumented immigrant or nonimmigrant
14    alien, where the organization, its employees or its agents
15    provide advice or assistance in immigration matters to
16    documented or undocumented immigrant or nonimmigrant alien
17    employees or potential employees without compensation from
18    the individuals to whom such advice or assistance is
19    provided.
20    Nothing in this Section shall regulate any business to the
21extent that such regulation is prohibited or preempted by
22State or federal law.
23    All other persons providing or offering to provide
24immigration assistance service shall be subject to this
25Section.
26    (b) Any person who provides or offers to provide

 

 

HB5004- 163 -LRB102 23330 RJF 32496 b

1immigration assistance service may perform only the following
2services:
3        (1) Completing a government agency form, requested by
4    the customer and appropriate to the customer's needs, only
5    if the completion of that form does not involve a legal
6    judgment for that particular matter.
7        (2) Transcribing responses to a government agency form
8    which is related to an immigration matter, but not
9    advising a customer as to his or her answers on those
10    forms.
11        (3) Translating information on forms to a customer and
12    translating the customer's answers to questions posed on
13    those forms.
14        (4) Securing for the customer supporting documents
15    currently in existence, such as birth and marriage
16    certificates, which may be needed to be submitted with
17    government agency forms.
18        (5) Translating documents from a foreign language into
19    English.
20        (6) Notarizing signatures on government agency forms,
21    if the person performing the service is a notary public of
22    the State of Illinois.
23        (7) Making referrals, without fee, to attorneys who
24    could undertake legal representation for a person in an
25    immigration matter.
26        (8) Preparing or arranging for the preparation of

 

 

HB5004- 164 -LRB102 23330 RJF 32496 b

1    photographs and fingerprints.
2        (9) Arranging for the performance of medical testing
3    (including X-rays and AIDS tests) and the obtaining of
4    reports of such test results.
5        (10) Conducting English language and civics courses.
6        (11) Other services that the Attorney General
7    determines by rule may be appropriately performed by such
8    persons in light of the purposes of this Section.
9    Fees for a notary public, agency, or any other person who
10is not an attorney or an accredited representative filling out
11immigration forms shall be limited to the maximum fees set
12forth in subsections (a) and (b) of Section 3-104 of the
13Illinois Notary Public Act (5 ILCS 312/3-104). The maximum fee
14schedule set forth in subsections (a) and (b) of Section 3-104
15of the Illinois Notary Public Act shall apply to any person
16that provides or offers to provide immigration assistance
17service performing the services described therein. The
18Attorney General may promulgate rules establishing maximum
19fees that may be charged for any services not described in that
20subsection. The maximum fees must be reasonable in light of
21the costs of providing those services and the degree of
22professional skill required to provide the services.
23    No person subject to this Act shall charge fees directly
24or indirectly for referring an individual to an attorney or
25for any immigration matter not authorized by this Article,
26provided that a person may charge a fee for notarizing

 

 

HB5004- 165 -LRB102 23330 RJF 32496 b

1documents as permitted by the Illinois Notary Public Act.
2    (c) Any person performing such services shall register
3with the Illinois Attorney General and submit verification of
4malpractice insurance or of a surety bond.
5    (d) Except as provided otherwise in this subsection,
6before providing any assistance in an immigration matter a
7person shall provide the customer with a written contract that
8includes the following:
9        (1) An explanation of the services to be performed.
10        (2) Identification of all compensation and costs to be
11    charged to the customer for the services to be performed.
12        (3) A statement that documents submitted in support of
13    an application for nonimmigrant, immigrant, or
14    naturalization status may not be retained by the person
15    for any purpose, including payment of compensation or
16    costs.
17    This subsection does not apply to a not-for-profit
18organization that provides advice or assistance in immigration
19matters to clients without charge beyond a reasonable fee to
20reimburse the organization's or clinic's reasonable costs
21relating to providing immigration services to that client.
22    (e) Any person who provides or offers immigration
23assistance service and is not exempted from this Section,
24shall post signs at his or her place of business, setting forth
25information in English and in every other language in which
26the person provides or offers to provide immigration

 

 

HB5004- 166 -LRB102 23330 RJF 32496 b

1assistance service. Each language shall be on a separate sign.
2Signs shall be posted in a location where the signs will be
3visible to customers. Each sign shall be at least 11 inches by
417 inches, and shall contain the following:
5        (1) The statement "I AM NOT AN ATTORNEY LICENSED TO
6    PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES
7    FOR LEGAL ADVICE.".
8        (2) The statement "I AM NOT ACCREDITED TO REPRESENT
9    YOU BEFORE THE UNITED STATES IMMIGRATION AND
10    NATURALIZATION SERVICE AND THE IMMIGRATION BOARD OF
11    APPEALS.".
12        (3) The fee schedule.
13        (4) The statement that "You may cancel any contract
14    within 3 working days and get your money back for services
15    not performed.".
16        (5) Additional information the Attorney General may
17    require by rule.
18    Every person engaged in immigration assistance service who
19is not an attorney who advertises immigration assistance
20service in a language other than English, whether by radio,
21television, signs, pamphlets, newspapers, or other written
22communication, with the exception of a single desk plaque,
23shall include in the document, advertisement, stationery,
24letterhead, business card, or other comparable written
25material the following notice in English and the language in
26which the written communication appears. This notice shall be

 

 

HB5004- 167 -LRB102 23330 RJF 32496 b

1of a conspicuous size, if in writing, and shall state: "I AM
2NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN ILLINOIS AND MAY
3NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.". If
4such advertisement is by radio or television, the statement
5may be modified but must include substantially the same
6message.
7    Any person who provides or offers immigration assistance
8service and is not exempted from this Section shall not, in any
9document, advertisement, stationery, letterhead, business
10card, or other comparable written material, literally
11translate from English into another language terms or titles
12including, but not limited to, notary public, notary,
13licensed, attorney, lawyer, or any other term that implies the
14person is an attorney. To illustrate, the words "notario" and
15"poder notarial" are prohibited under this provision.
16    If not subject to penalties under subsection (a) of
17Section 3-103 of the Illinois Notary Public Act (5 ILCS
18312/3-103), violations of this subsection shall result in a
19fine of $1,000. Violations shall not preempt or preclude
20additional appropriate civil or criminal penalties.
21    (f) The written contract shall be in both English and in
22the language of the customer.
23    (g) A copy of the contract shall be provided to the
24customer upon the customer's execution of the contract.
25    (h) A customer has the right to rescind a contract within
2672 hours after his or her signing of the contract.

 

 

HB5004- 168 -LRB102 23330 RJF 32496 b

1    (i) Any documents identified in paragraph (3) of
2subsection (c) shall be returned upon demand of the customer.
3    (j) No person engaged in providing immigration services
4who is not exempted under this Section shall do any of the
5following:
6        (1) Make any statement that the person can or will
7    obtain special favors from or has special influence with
8    the United States Immigration and Naturalization Service
9    or any other government agency.
10        (2) Retain any compensation for service not performed.
11        (2.5) Accept payment in exchange for providing legal
12    advice or any other assistance that requires legal
13    analysis, legal judgment, or interpretation of the law.
14        (3) Refuse to return documents supplied by, prepared
15    on behalf of, or paid for by the customer upon the request
16    of the customer. These documents must be returned upon
17    request even if there is a fee dispute between the
18    immigration assistant and the customer.
19        (4) Represent or advertise, in connection with the
20    provision of assistance in immigration matters, other
21    titles of credentials, including but not limited to
22    "notary public" or "immigration consultant," that could
23    cause a customer to believe that the person possesses
24    special professional skills or is authorized to provide
25    advice on an immigration matter; provided that a notary
26    public appointed by the Illinois Secretary of State may

 

 

HB5004- 169 -LRB102 23330 RJF 32496 b

1    use the term "notary public" if the use is accompanied by
2    the statement that the person is not an attorney; the term
3    "notary public" may not be translated to another language;
4    for example "notario" is prohibited.
5        (5) Provide legal advice, recommend a specific course
6    of legal action, or provide any other assistance that
7    requires legal analysis, legal judgment, or interpretation
8    of the law.
9        (6) Make any misrepresentation of false statement,
10    directly or indirectly, to influence, persuade, or induce
11    patronage.
12    (k) (Blank).
13    (l) (Blank).
14    (m) Any person who violates any provision of this Section,
15or the rules and regulations issued under this Section, shall
16be guilty of a Class A misdemeanor for a first offense and a
17Class 3 felony for a second or subsequent offense committed
18within 5 years of a previous conviction for the same offense.
19    Upon his own information or upon the complaint of any
20person, the Attorney General or any State's Attorney, or a
21municipality with a population of more than 1,000,000, may
22maintain an action for injunctive relief and also seek a civil
23penalty not exceeding $50,000 in the circuit court against any
24person who violates any provision of this Section. These
25remedies are in addition to, and not in substitution for,
26other available remedies.

 

 

HB5004- 170 -LRB102 23330 RJF 32496 b

1    If the Attorney General or any State's Attorney or a
2municipality with a population of more than 1,000,000 fails to
3bring an action as provided under this Section any person may
4file a civil action to enforce the provisions of this Article
5and maintain an action for injunctive relief, for compensatory
6damages to recover prohibited fees, or for such additional
7relief as may be appropriate to deter, prevent, or compensate
8for the violation. In order to deter violations of this
9Section, courts shall not require a showing of the traditional
10elements for equitable relief. A prevailing plaintiff may be
11awarded 3 times the prohibited fees or a minimum of $1,000 in
12punitive damages, attorney's fees, and costs of bringing an
13action under this Section. It is the express intention of the
14General Assembly that remedies for violation of this Section
15be cumulative.
16    (n) No unit of local government, including any home rule
17unit, shall have the authority to regulate immigration
18assistance services unless such regulations are at least as
19stringent as those contained in Public Act 87-1211. It is
20declared to be the law of this State, pursuant to paragraph (i)
21of Section 6 of Article VII of the Illinois Constitution of
221970, that Public Act 87-1211 is a limitation on the authority
23of a home rule unit to exercise powers concurrently with the
24State. The limitations of this Section do not apply to a home
25rule unit that has, prior to January 1, 1993 (the effective
26date of Public Act 87-1211), adopted an ordinance regulating

 

 

HB5004- 171 -LRB102 23330 RJF 32496 b

1immigration assistance services.
2    (o) This Section is severable under Section 1.31 of the
3Statute on Statutes.
4    (p) The Attorney General shall issue rules not
5inconsistent with this Section for the implementation,
6administration, and enforcement of this Section. The rules may
7provide for the following:
8        (1) The content, print size, and print style of the
9    signs required under subsection (e). Print sizes and
10    styles may vary from language to language.
11        (2) Standard forms for use in the administration of
12    this Section.
13        (3) Any additional requirements deemed necessary.
14(Source: P.A. 99-679, eff. 1-1-17; 100-863, eff. 8-14-18.)
 
15    Section 145. The Workers' Compensation Act is amended by
16changing Sections 1 and 7 as follows:
 
17    (820 ILCS 305/1)  (from Ch. 48, par. 138.1)
18    Sec. 1. This Act may be cited as the Workers' Compensation
19Act.
20    (a) The term "employer" as used in this Act means:
21    1. The State and each county, city, town, township,
22incorporated village, school district, body politic, or
23municipal corporation therein.
24    2. Every person, firm, public or private corporation,

 

 

HB5004- 172 -LRB102 23330 RJF 32496 b

1including hospitals, public service, eleemosynary, religious
2or charitable corporations or associations who has any person
3in service or under any contract for hire, express or implied,
4oral or written, and who is engaged in any of the enterprises
5or businesses enumerated in Section 3 of this Act, or who at or
6prior to the time of the accident to the employee for which
7compensation under this Act may be claimed, has in the manner
8provided in this Act elected to become subject to the
9provisions of this Act, and who has not, prior to such
10accident, effected a withdrawal of such election in the manner
11provided in this Act.
12    3. Any one engaging in any business or enterprise referred
13to in subsections 1 and 2 of Section 3 of this Act who
14undertakes to do any work enumerated therein, is liable to pay
15compensation to his own immediate employees in accordance with
16the provisions of this Act, and in addition thereto if he
17directly or indirectly engages any contractor whether
18principal or sub-contractor to do any such work, he is liable
19to pay compensation to the employees of any such contractor or
20sub-contractor unless such contractor or sub-contractor has
21insured, in any company or association authorized under the
22laws of this State to insure the liability to pay compensation
23under this Act, or guaranteed his liability to pay such
24compensation. With respect to any time limitation on the
25filing of claims provided by this Act, the timely filing of a
26claim against a contractor or subcontractor, as the case may

 

 

HB5004- 173 -LRB102 23330 RJF 32496 b

1be, shall be deemed to be a timely filing with respect to all
2persons upon whom liability is imposed by this paragraph.
3    In the event any such person pays compensation under this
4subsection he may recover the amount thereof from the
5contractor or sub-contractor, if any, and in the event the
6contractor pays compensation under this subsection he may
7recover the amount thereof from the sub-contractor, if any.
8    This subsection does not apply in any case where the
9accident occurs elsewhere than on, in or about the immediate
10premises on which the principal has contracted that the work
11be done.
12    4. Where an employer operating under and subject to the
13provisions of this Act loans an employee to another such
14employer and such loaned employee sustains a compensable
15accidental injury in the employment of such borrowing employer
16and where such borrowing employer does not provide or pay the
17benefits or payments due such injured employee, such loaning
18employer is liable to provide or pay all benefits or payments
19due such employee under this Act and as to such employee the
20liability of such loaning and borrowing employers is joint and
21several, provided that such loaning employer is in the absence
22of agreement to the contrary entitled to receive from such
23borrowing employer full reimbursement for all sums paid or
24incurred pursuant to this paragraph together with reasonable
25attorneys' fees and expenses in any hearings before the
26Illinois Workers' Compensation Commission or in any action to

 

 

HB5004- 174 -LRB102 23330 RJF 32496 b

1secure such reimbursement. Where any benefit is provided or
2paid by such loaning employer the employee has the duty of
3rendering reasonable cooperation in any hearings, trials or
4proceedings in the case, including such proceedings for
5reimbursement.
6    Where an employee files an Application for Adjustment of
7Claim with the Illinois Workers' Compensation Commission
8alleging that his claim is covered by the provisions of the
9preceding paragraph, and joining both the alleged loaning and
10borrowing employers, they and each of them, upon written
11demand by the employee and within 7 days after receipt of such
12demand, shall have the duty of filing with the Illinois
13Workers' Compensation Commission a written admission or denial
14of the allegation that the claim is covered by the provisions
15of the preceding paragraph and in default of such filing or if
16any such denial be ultimately determined not to have been bona
17fide then the provisions of Paragraph K of Section 19 of this
18Act shall apply.
19    An employer whose business or enterprise or a substantial
20part thereof consists of hiring, procuring or furnishing
21employees to or for other employers operating under and
22subject to the provisions of this Act for the performance of
23the work of such other employers and who pays such employees
24their salary or wages notwithstanding that they are doing the
25work of such other employers shall be deemed a loaning
26employer within the meaning and provisions of this Section.

 

 

HB5004- 175 -LRB102 23330 RJF 32496 b

1    (b) The term "employee" as used in this Act means:
2    1. Every person in the service of the State, including
3members of the General Assembly, members of the Commerce
4Commission, members of the Illinois Workers' Compensation
5Commission, and all persons in the service of the University
6of Illinois, county, including deputy sheriffs and assistant
7state's attorneys, city, town, township, incorporated village
8or school district, body politic, or municipal corporation
9therein, whether by election, under appointment or contract of
10hire, express or implied, oral or written, including all
11members of the Illinois National Guard while on active duty in
12the service of the State, and all probation personnel of the
13Juvenile Court appointed pursuant to Article VI of the
14Juvenile Court Act of 1987, and including any official of the
15State, any county, city, town, township, incorporated village,
16school district, body politic or municipal corporation therein
17except any duly appointed member of a police department in any
18city whose population exceeds 500,000 according to the last
19Federal or State census, and except any member of a fire
20insurance patrol maintained by a board of underwriters in this
21State. A duly appointed member of a fire department in any
22city, the population of which exceeds 500,000 according to the
23last federal or State census, is an employee under this Act
24only with respect to claims brought under paragraph (c) of
25Section 8.
26    One employed by a contractor who has contracted with the

 

 

HB5004- 176 -LRB102 23330 RJF 32496 b

1State, or a county, city, town, township, incorporated
2village, school district, body politic or municipal
3corporation therein, through its representatives, is not
4considered as an employee of the State, county, city, town,
5township, incorporated village, school district, body politic
6or municipal corporation which made the contract.
7    2. Every person in the service of another under any
8contract of hire, express or implied, oral or written,
9including persons whose employment is outside of the State of
10Illinois where the contract of hire is made within the State of
11Illinois, persons whose employment results in fatal or
12non-fatal injuries within the State of Illinois where the
13contract of hire is made outside of the State of Illinois, and
14persons whose employment is principally localized within the
15State of Illinois, regardless of the place of the accident or
16the place where the contract of hire was made, and including
17noncitizens aliens, and minors who, for the purpose of this
18Act are considered the same and have the same power to
19contract, receive payments and give quittances therefor, as
20adult employees.
21    3. Every sole proprietor and every partner of a business
22may elect to be covered by this Act.
23    An employee or his dependents under this Act who shall
24have a cause of action by reason of any injury, disablement or
25death arising out of and in the course of his employment may
26elect to pursue his remedy in the State where injured or

 

 

HB5004- 177 -LRB102 23330 RJF 32496 b

1disabled, or in the State where the contract of hire is made,
2or in the State where the employment is principally localized.
3    However, any employer may elect to provide and pay
4compensation to any employee other than those engaged in the
5usual course of the trade, business, profession or occupation
6of the employer by complying with Sections 2 and 4 of this Act.
7Employees are not included within the provisions of this Act
8when excluded by the laws of the United States relating to
9liability of employers to their employees for personal
10injuries where such laws are held to be exclusive.
11    The term "employee" does not include persons performing
12services as real estate broker, broker-salesman, or salesman
13when such persons are paid by commission only.
14    (c) "Commission" means the Industrial Commission created
15by Section 5 of "The Civil Administrative Code of Illinois",
16approved March 7, 1917, as amended, or the Illinois Workers'
17Compensation Commission created by Section 13 of this Act.
18    (d) To obtain compensation under this Act, an employee
19bears the burden of showing, by a preponderance of the
20evidence, that he or she has sustained accidental injuries
21arising out of and in the course of the employment.
22(Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11;
2397-813, eff. 7-13-12.)
 
24    (820 ILCS 305/7)  (from Ch. 48, par. 138.7)
25    Sec. 7. The amount of compensation which shall be paid for

 

 

HB5004- 178 -LRB102 23330 RJF 32496 b

1an accidental injury to the employee resulting in death is:
2    (a) If the employee leaves surviving a widow, widower,
3child or children, the applicable weekly compensation rate
4computed in accordance with subparagraph 2 of paragraph (b) of
5Section 8, shall be payable during the life of the widow or
6widower and if any surviving child or children shall not be
7physically or mentally incapacitated then until the death of
8the widow or widower or until the youngest child shall reach
9the age of 18, whichever shall come later; provided that if
10such child or children shall be enrolled as a full time student
11in any accredited educational institution, the payments shall
12continue until such child has attained the age of 25. In the
13event any surviving child or children shall be physically or
14mentally incapacitated, the payments shall continue for the
15duration of such incapacity.
16    The term "child" means a child whom the deceased employee
17left surviving, including a posthumous child, a child legally
18adopted, a child whom the deceased employee was legally
19obligated to support or a child to whom the deceased employee
20stood in loco parentis. The term "children" means the plural
21of "child".
22    The term "physically or mentally incapacitated child or
23children" means a child or children incapable of engaging in
24regular and substantial gainful employment.
25    In the event of the remarriage of a widow or widower, where
26the decedent did not leave surviving any child or children

 

 

HB5004- 179 -LRB102 23330 RJF 32496 b

1who, at the time of such remarriage, are entitled to
2compensation benefits under this Act, the surviving spouse
3shall be paid a lump sum equal to 2 years compensation benefits
4and all further rights of such widow or widower shall be
5extinguished.
6    If the employee leaves surviving any child or children
7under 18 years of age who at the time of death shall be
8entitled to compensation under this paragraph (a) of this
9Section, the weekly compensation payments herein provided for
10such child or children shall in any event continue for a period
11of not less than 6 years.
12    Any beneficiary entitled to compensation under this
13paragraph (a) of this Section shall receive from the special
14fund provided in paragraph (f) of this Section, in addition to
15the compensation herein provided, supplemental benefits in
16accordance with paragraph (g) of Section 8.
17    (b) If no compensation is payable under paragraph (a) of
18this Section and the employee leaves surviving a parent or
19parents who at the time of the accident were totally dependent
20upon the earnings of the employee then weekly payments equal
21to the compensation rate payable in the case where the
22employee leaves surviving a widow or widower, shall be paid to
23such parent or parents for the duration of their lives, and in
24the event of the death of either, for the life of the survivor.
25    (c) If no compensation is payable under paragraphs (a) or
26(b) of this Section and the employee leaves surviving any

 

 

HB5004- 180 -LRB102 23330 RJF 32496 b

1child or children who are not entitled to compensation under
2the foregoing paragraph (a) but who at the time of the accident
3were nevertheless in any manner dependent upon the earnings of
4the employee, or leaves surviving a parent or parents who at
5the time of the accident were partially dependent upon the
6earnings of the employee, then there shall be paid to such
7dependent or dependents for a period of 8 years weekly
8compensation payments at such proportion of the applicable
9rate if the employee had left surviving a widow or widower as
10such dependency bears to total dependency. In the event of the
11death of any such beneficiary the share of such beneficiary
12shall be divided equally among the surviving beneficiaries and
13in the event of the death of the last such beneficiary all the
14rights under this paragraph shall be extinguished.
15    (d) If no compensation is payable under paragraphs (a),
16(b) or (c) of this Section and the employee leaves surviving
17any grandparent, grandparents, grandchild or grandchildren or
18collateral heirs dependent upon the employee's earnings to the
19extent of 50% or more of total dependency, then there shall be
20paid to such dependent or dependents for a period of 5 years
21weekly compensation payments at such proportion of the
22applicable rate if the employee had left surviving a widow or
23widower as such dependency bears to total dependency. In the
24event of the death of any such beneficiary the share of such
25beneficiary shall be divided equally among the surviving
26beneficiaries and in the event of the death of the last such

 

 

HB5004- 181 -LRB102 23330 RJF 32496 b

1beneficiary all rights hereunder shall be extinguished.
2    (e) The compensation to be paid for accidental injury
3which results in death, as provided in this Section, shall be
4paid to the persons who form the basis for determining the
5amount of compensation to be paid by the employer, the
6respective shares to be in the proportion of their respective
7dependency at the time of the accident on the earnings of the
8deceased. The Commission or an Arbitrator thereof may, in its
9or his discretion, order or award the payment to the parent or
10grandparent of a child for the latter's support the amount of
11compensation which but for such order or award would have been
12paid to such child as its share of the compensation payable,
13which order or award may be modified from time to time by the
14Commission in its discretion with respect to the person to
15whom shall be paid the amount of the order or award remaining
16unpaid at the time of the modification.
17    The payments of compensation by the employer in accordance
18with the order or award of the Commission discharges such
19employer from all further obligation as to such compensation.
20    (f) The sum of $8,000 for burial expenses shall be paid by
21the employer to the widow or widower, other dependent, next of
22kin or to the person or persons incurring the expense of
23burial.
24    In the event the employer failed to provide necessary
25first aid, medical, surgical or hospital service, he shall pay
26the cost thereof to the person or persons entitled to

 

 

HB5004- 182 -LRB102 23330 RJF 32496 b

1compensation under paragraphs (a), (b), (c) or (d) of this
2Section, or to the person or persons incurring the obligation
3therefore, or providing the same.
4    On January 15 and July 15, 1981, and on January 15 and July
515 of each year thereafter the employer shall within 60 days
6pay a sum equal to 1/8 of 1% of all compensation payments made
7by him after July 1, 1980, either under this Act or the
8Workers' Occupational Diseases Act, whether by lump sum
9settlement or weekly compensation payments, but not including
10hospital, surgical or rehabilitation payments, made during the
11first 6 months and during the second 6 months respectively of
12the fiscal year next preceding the date of the payments, into a
13special fund which shall be designated the "Second Injury
14Fund", of which the State Treasurer is ex-officio custodian,
15such special fund to be held and disbursed for the purposes
16hereinafter stated in paragraphs (f) and (g) of Section 8,
17either upon the order of the Commission or of a competent
18court. Said special fund shall be deposited the same as are
19State funds and any interest accruing thereon shall be added
20thereto every 6 months. It is subject to audit the same as
21State funds and accounts and is protected by the General bond
22given by the State Treasurer. It is considered always
23appropriated for the purposes of disbursements as provided in
24Section 8, paragraph (f), of this Act, and shall be paid out
25and disbursed as therein provided and shall not at any time be
26appropriated or diverted to any other use or purpose.

 

 

HB5004- 183 -LRB102 23330 RJF 32496 b

1    On January 15, 1991, the employer shall further pay a sum
2equal to one half of 1% of all compensation payments made by
3him from January 1, 1990 through June 30, 1990 either under
4this Act or under the Workers' Occupational Diseases Act,
5whether by lump sum settlement or weekly compensation
6payments, but not including hospital, surgical or
7rehabilitation payments, into an additional Special Fund which
8shall be designated as the "Rate Adjustment Fund". On March
915, 1991, the employer shall pay into the Rate Adjustment Fund
10a sum equal to one half of 1% of all such compensation payments
11made from July 1, 1990 through December 31, 1990. Within 60
12days after July 15, 1991, the employer shall pay into the Rate
13Adjustment Fund a sum equal to one half of 1% of all such
14compensation payments made from January 1, 1991 through June
1530, 1991. Within 60 days after January 15 of 1992 and each
16subsequent year through 1996, the employer shall pay into the
17Rate Adjustment Fund a sum equal to one half of 1% of all such
18compensation payments made in the last 6 months of the
19preceding calendar year. Within 60 days after July 15 of 1992
20and each subsequent year through 1995, the employer shall pay
21into the Rate Adjustment Fund a sum equal to one half of 1% of
22all such compensation payments made in the first 6 months of
23the same calendar year. Within 60 days after January 15 of 1997
24and each subsequent year through 2005, the employer shall pay
25into the Rate Adjustment Fund a sum equal to three-fourths of
261% of all such compensation payments made in the last 6 months

 

 

HB5004- 184 -LRB102 23330 RJF 32496 b

1of the preceding calendar year. Within 60 days after July 15 of
21996 and each subsequent year through 2004, the employer shall
3pay into the Rate Adjustment Fund a sum equal to three-fourths
4of 1% of all such compensation payments made in the first 6
5months of the same calendar year. Within 60 days after July 15
6of 2005, the employer shall pay into the Rate Adjustment Fund a
7sum equal to 1% of such compensation payments made in the first
86 months of the same calendar year. Within 60 days after
9January 15 of 2006 and each subsequent year, the employer
10shall pay into the Rate Adjustment Fund a sum equal to 1.25% of
11such compensation payments made in the last 6 months of the
12preceding calendar year. Within 60 days after July 15 of 2006
13and each subsequent year, the employer shall pay into the Rate
14Adjustment Fund a sum equal to 1.25% of such compensation
15payments made in the first 6 months of the same calendar year.
16The administrative costs of collecting assessments from
17employers for the Rate Adjustment Fund shall be paid from the
18Rate Adjustment Fund. The cost of an actuarial audit of the
19Fund shall be paid from the Rate Adjustment Fund. The State
20Treasurer is ex officio custodian of such Special Fund and the
21same shall be held and disbursed for the purposes hereinafter
22stated in paragraphs (f) and (g) of Section 8 upon the order of
23the Commission or of a competent court. The Rate Adjustment
24Fund shall be deposited the same as are State funds and any
25interest accruing thereon shall be added thereto every 6
26months. It shall be subject to audit the same as State funds

 

 

HB5004- 185 -LRB102 23330 RJF 32496 b

1and accounts and shall be protected by the general bond given
2by the State Treasurer. It is considered always appropriated
3for the purposes of disbursements as provided in paragraphs
4(f) and (g) of Section 8 of this Act and shall be paid out and
5disbursed as therein provided and shall not at any time be
6appropriated or diverted to any other use or purpose. Within 5
7days after the effective date of this amendatory Act of 1990,
8the Comptroller and the State Treasurer shall transfer
9$1,000,000 from the General Revenue Fund to the Rate
10Adjustment Fund. By February 15, 1991, the Comptroller and the
11State Treasurer shall transfer $1,000,000 from the Rate
12Adjustment Fund to the General Revenue Fund. The Comptroller
13and Treasurer are authorized to make transfers at the request
14of the Chairman up to a total of $19,000,000 from the Second
15Injury Fund, the General Revenue Fund, and the Workers'
16Compensation Benefit Trust Fund to the Rate Adjustment Fund to
17the extent that there is insufficient money in the Rate
18Adjustment Fund to pay claims and obligations. Amounts may be
19transferred from the General Revenue Fund only if the funds in
20the Second Injury Fund or the Workers' Compensation Benefit
21Trust Fund are insufficient to pay claims and obligations of
22the Rate Adjustment Fund. All amounts transferred from the
23Second Injury Fund, the General Revenue Fund, and the Workers'
24Compensation Benefit Trust Fund shall be repaid from the Rate
25Adjustment Fund within 270 days of a transfer, together with
26interest at the rate earned by moneys on deposit in the Fund or

 

 

HB5004- 186 -LRB102 23330 RJF 32496 b

1Funds from which the moneys were transferred.
2    Upon a finding by the Commission, after reasonable notice
3and hearing, that any employer has willfully and knowingly
4failed to pay the proper amounts into the Second Injury Fund or
5the Rate Adjustment Fund required by this Section or if such
6payments are not made within the time periods prescribed by
7this Section, the employer shall, in addition to such
8payments, pay a penalty of 20% of the amount required to be
9paid or $2,500, whichever is greater, for each year or part
10thereof of such failure to pay. This penalty shall only apply
11to obligations of an employer to the Second Injury Fund or the
12Rate Adjustment Fund accruing after the effective date of this
13amendatory Act of 1989. All or part of such a penalty may be
14waived by the Commission for good cause shown.
15    Any obligations of an employer to the Second Injury Fund
16and Rate Adjustment Fund accruing prior to the effective date
17of this amendatory Act of 1989 shall be paid in full by such
18employer within 5 years of the effective date of this
19amendatory Act of 1989, with at least one-fifth of such
20obligation to be paid during each year following the effective
21date of this amendatory Act of 1989. If the Commission finds,
22following reasonable notice and hearing, that an employer has
23failed to make timely payment of any obligation accruing under
24the preceding sentence, the employer shall, in addition to all
25other payments required by this Section, be liable for a
26penalty equal to 20% of the overdue obligation or $2,500,

 

 

HB5004- 187 -LRB102 23330 RJF 32496 b

1whichever is greater, for each year or part thereof that
2obligation is overdue. All or part of such a penalty may be
3waived by the Commission for good cause shown.
4    The Chairman of the Illinois Workers' Compensation
5Commission shall, annually, furnish to the Director of the
6Department of Insurance a list of the amounts paid into the
7Second Injury Fund and the Rate Adjustment Fund by each
8insurance company on behalf of their insured employers. The
9Director shall verify to the Chairman that the amounts paid by
10each insurance company are accurate as best as the Director
11can determine from the records available to the Director. The
12Chairman shall verify that the amounts paid by each
13self-insurer are accurate as best as the Chairman can
14determine from records available to the Chairman. The Chairman
15may require each self-insurer to provide information
16concerning the total compensation payments made upon which
17contributions to the Second Injury Fund and the Rate
18Adjustment Fund are predicated and any additional information
19establishing that such payments have been made into these
20funds. Any deficiencies in payments noted by the Director or
21Chairman shall be subject to the penalty provisions of this
22Act.
23    The State Treasurer, or his duly authorized
24representative, shall be named as a party to all proceedings
25in all cases involving claim for the loss of, or the permanent
26and complete loss of the use of one eye, one foot, one leg, one

 

 

HB5004- 188 -LRB102 23330 RJF 32496 b

1arm or one hand.
2    The State Treasurer or his duly authorized agent shall
3have the same rights as any other party to the proceeding,
4including the right to petition for review of any award. The
5reasonable expenses of litigation, such as medical
6examinations, testimony, and transcript of evidence, incurred
7by the State Treasurer or his duly authorized representative,
8shall be borne by the Second Injury Fund.
9    If the award is not paid within 30 days after the date the
10award has become final, the Commission shall proceed to take
11judgment thereon in its own name as is provided for other
12awards by paragraph (g) of Section 19 of this Act and take the
13necessary steps to collect the award.
14    Any person, corporation or organization who has paid or
15become liable for the payment of burial expenses of the
16deceased employee may in his or its own name institute
17proceedings before the Commission for the collection thereof.
18    For the purpose of administration, receipts and
19disbursements, the Special Fund provided for in paragraph (f)
20of this Section shall be administered jointly with the Special
21Fund provided for in Section 7, paragraph (f) of the Workers'
22Occupational Diseases Act.
23    (g) All compensation, except for burial expenses provided
24in this Section to be paid in case accident results in death,
25shall be paid in installments equal to the percentage of the
26average earnings as provided for in Section 8, paragraph (b)

 

 

HB5004- 189 -LRB102 23330 RJF 32496 b

1of this Act, at the same intervals at which the wages or
2earnings of the employees were paid. If this is not feasible,
3then the installments shall be paid weekly. Such compensation
4may be paid in a lump sum upon petition as provided in Section
59 of this Act. However, in addition to the benefits provided by
6Section 9 of this Act where compensation for death is payable
7to the deceased's widow, widower or to the deceased's widow,
8widower and one or more children, and where a partial lump sum
9is applied for by such beneficiary or beneficiaries within 18
10months after the deceased's death, the Commission may, in its
11discretion, grant a partial lump sum of not to exceed 100 weeks
12of the compensation capitalized at their present value upon
13the basis of interest calculated at 3% per annum with annual
14rests, upon a showing that such partial lump sum is for the
15best interest of such beneficiary or beneficiaries.
16    (h) In case the injured employee is under 16 years of age
17at the time of the accident and is illegally employed, the
18amount of compensation payable under paragraphs (a), (b), (c),
19(d) and (f) of this Section shall be increased 50%.
20    Nothing herein contained repeals or amends the provisions
21of the Child Labor Law relating to the employment of minors
22under the age of 16 years.
23    However, where an employer has on file an employment
24certificate issued pursuant to the Child Labor Law or work
25permit issued pursuant to the Federal Fair Labor Standards
26Act, as amended, or a birth certificate properly and duly

 

 

HB5004- 190 -LRB102 23330 RJF 32496 b

1issued, such certificate, permit or birth certificate is
2conclusive evidence as to the age of the injured minor
3employee for the purposes of this Section only.
4    (i) Whenever the dependents of a deceased employee are
5noncitizens aliens not residing in the United States, Mexico
6or Canada, the amount of compensation payable is limited to
7the beneficiaries described in paragraphs (a), (b) and (c) of
8this Section and is 50% of the compensation provided in
9paragraphs (a), (b) and (c) of this Section, except as
10otherwise provided by treaty.
11    In a case where any of the persons who would be entitled to
12compensation is living at any place outside of the United
13States, then payment shall be made to the personal
14representative of the deceased employee. The distribution by
15such personal representative to the persons entitled shall be
16made to such persons and in such manner as the Commission
17orders.
18(Source: P.A. 93-721, eff. 1-1-05; 94-277, eff. 7-20-05;
1994-695, eff. 11-16-05.)
 
20    Section 150. The Workers' Occupational Diseases Act is
21amended by changing Section 1 as follows:
 
22    (820 ILCS 310/1)  (from Ch. 48, par. 172.36)
23    Sec. 1. This Act shall be known and may be cited as the
24"Workers' Occupational Diseases Act".

 

 

HB5004- 191 -LRB102 23330 RJF 32496 b

1    (a) The term "employer" as used in this Act shall be
2construed to be:
3        1. The State and each county, city, town, township,
4    incorporated village, school district, body politic, or
5    municipal corporation therein.
6        2. Every person, firm, public or private corporation,
7    including hospitals, public service, eleemosynary,
8    religious or charitable corporations or associations, who
9    has any person in service or under any contract for hire,
10    express or implied, oral or written.
11        3. Where an employer operating under and subject to
12    the provisions of this Act loans an employee to another
13    such employer and such loaned employee sustains a
14    compensable occupational disease in the employment of such
15    borrowing employer and where such borrowing employer does
16    not provide or pay the benefits or payments due such
17    employee, such loaning employer shall be liable to provide
18    or pay all benefits or payments due such employee under
19    this Act and as to such employee the liability of such
20    loaning and borrowing employers shall be joint and
21    several, provided that such loaning employer shall in the
22    absence of agreement to the contrary be entitled to
23    receive from such borrowing employer full reimbursement
24    for all sums paid or incurred pursuant to this paragraph
25    together with reasonable attorneys' fees and expenses in
26    any hearings before the Illinois Workers' Compensation

 

 

HB5004- 192 -LRB102 23330 RJF 32496 b

1    Commission or in any action to secure such reimbursement.
2    Where any benefit is provided or paid by such loaning
3    employer, the employee shall have the duty of rendering
4    reasonable co-operation in any hearings, trials or
5    proceedings in the case, including such proceedings for
6    reimbursement.
7        Where an employee files an Application for Adjustment
8    of Claim with the Illinois Workers' Compensation
9    Commission alleging that his or her claim is covered by
10    the provisions of the preceding paragraph, and joining
11    both the alleged loaning and borrowing employers, they and
12    each of them, upon written demand by the employee and
13    within 7 days after receipt of such demand, shall have the
14    duty of filing with the Illinois Workers' Compensation
15    Commission a written admission or denial of the allegation
16    that the claim is covered by the provisions of the
17    preceding paragraph and in default of such filing or if
18    any such denial be ultimately determined not to have been
19    bona fide then the provisions of Paragraph K of Section 19
20    of this Act shall apply.
21        An employer whose business or enterprise or a
22    substantial part thereof consists of hiring, procuring or
23    furnishing employees to or for other employers operating
24    under and subject to the provisions of this Act for the
25    performance of the work of such other employers and who
26    pays such employees their salary or wage notwithstanding

 

 

HB5004- 193 -LRB102 23330 RJF 32496 b

1    that they are doing the work of such other employers shall
2    be deemed a loaning employer within the meaning and
3    provisions of this Section.
4    (b) The term "employee" as used in this Act, shall be
5construed to mean:
6        1. Every person in the service of the State, county,
7    city, town, township, incorporated village or school
8    district, body politic or municipal corporation therein,
9    whether by election, appointment or contract of hire,
10    express or implied, oral or written, including any
11    official of the State, or of any county, city, town,
12    township, incorporated village, school district, body
13    politic or municipal corporation therein and except any
14    duly appointed member of the fire department in any city
15    whose population exceeds 500,000 according to the last
16    Federal or State census, and except any member of a fire
17    insurance patrol maintained by a board of underwriters in
18    this State. One employed by a contractor who has
19    contracted with the State, or a county, city, town,
20    township, incorporated village, school district, body
21    politic or municipal corporation therein, through its
22    representatives, shall not be considered as an employee of
23    the State, county, city, town, township, incorporated
24    village, school district, body politic or municipal
25    corporation which made the contract.
26        2. Every person in the service of another under any

 

 

HB5004- 194 -LRB102 23330 RJF 32496 b

1    contract of hire, express or implied, oral or written, who
2    contracts an occupational disease while working in the
3    State of Illinois, or who contracts an occupational
4    disease while working outside of the State of Illinois but
5    where the contract of hire is made within the State of
6    Illinois, and any person whose employment is principally
7    localized within the State of Illinois, regardless of the
8    place where the disease was contracted or place where the
9    contract of hire was made, including noncitizens aliens,
10    and minors who, for the purpose of this Act, except
11    Section 3 hereof, shall be considered the same and have
12    the same power to contract, receive payments and give
13    quittances therefor, as adult employees. An employee or
14    his or her dependents under this Act who shall have a cause
15    of action by reason of an occupational disease,
16    disablement or death arising out of and in the course of
17    his or her employment may elect or pursue his or her remedy
18    in the State where the disease was contracted, or in the
19    State where the contract of hire is made, or in the State
20    where the employment is principally localized.
21    (c) "Commission" means the Illinois Workers' Compensation
22Commission created by the Workers' Compensation Act, approved
23July 9, 1951, as amended.
24    (d) In this Act the term "Occupational Disease" means a
25disease arising out of and in the course of the employment or
26which has become aggravated and rendered disabling as a result

 

 

HB5004- 195 -LRB102 23330 RJF 32496 b

1of the exposure of the employment. Such aggravation shall
2arise out of a risk peculiar to or increased by the employment
3and not common to the general public.
4    A disease shall be deemed to arise out of the employment if
5there is apparent to the rational mind, upon consideration of
6all the circumstances, a causal connection between the
7conditions under which the work is performed and the
8occupational disease. The disease need not to have been
9foreseen or expected but after its contraction it must appear
10to have had its origin or aggravation in a risk connected with
11the employment and to have flowed from that source as a
12rational consequence.
13    An employee shall be conclusively deemed to have been
14exposed to the hazards of an occupational disease when, for
15any length of time however short, he or she is employed in an
16occupation or process in which the hazard of the disease
17exists; provided however, that in a claim of exposure to
18atomic radiation, the fact of such exposure must be verified
19by the records of the central registry of radiation exposure
20maintained by the Department of Public Health or by some other
21recognized governmental agency maintaining records of such
22exposures whenever and to the extent that the records are on
23file with the Department of Public Health or the agency.
24    Any injury to or disease or death of an employee arising
25from the administration of a vaccine, including without
26limitation smallpox vaccine, to prepare for, or as a response

 

 

HB5004- 196 -LRB102 23330 RJF 32496 b

1to, a threatened or potential bioterrorist incident to the
2employee as part of a voluntary inoculation program in
3connection with the person's employment or in connection with
4any governmental program or recommendation for the inoculation
5of workers in the employee's occupation, geographical area, or
6other category that includes the employee is deemed to arise
7out of and in the course of the employment for all purposes
8under this Act. This paragraph added by Public Act 93-829 is
9declarative of existing law and is not a new enactment.
10    The employer liable for the compensation in this Act
11provided shall be the employer in whose employment the
12employee was last exposed to the hazard of the occupational
13disease claimed upon regardless of the length of time of such
14last exposure, except, in cases of silicosis or asbestosis,
15the only employer liable shall be the last employer in whose
16employment the employee was last exposed during a period of 60
17days or more after the effective date of this Act, to the
18hazard of such occupational disease, and, in such cases, an
19exposure during a period of less than 60 days, after the
20effective date of this Act, shall not be deemed a last
21exposure. If a miner who is suffering or suffered from
22pneumoconiosis was employed for 10 years or more in one or more
23coal mines there shall, effective July 1, 1973 be a rebuttable
24presumption that his or her pneumoconiosis arose out of such
25employment.
26    If a deceased miner was employed for 10 years or more in

 

 

HB5004- 197 -LRB102 23330 RJF 32496 b

1one or more coal mines and died from a respirable disease there
2shall, effective July 1, 1973, be a rebuttable presumption
3that his or her death was due to pneumoconiosis.
4    Any condition or impairment of health of an employee
5employed as a firefighter, emergency medical technician (EMT),
6emergency medical technician-intermediate (EMT-I), advanced
7emergency medical technician (A-EMT), or paramedic which
8results directly or indirectly from any bloodborne pathogen,
9lung or respiratory disease or condition, heart or vascular
10disease or condition, hypertension, tuberculosis, or cancer
11resulting in any disability (temporary, permanent, total, or
12partial) to the employee shall be rebuttably presumed to arise
13out of and in the course of the employee's firefighting, EMT,
14EMT-I, A-EMT, or paramedic employment and, further, shall be
15rebuttably presumed to be causally connected to the hazards or
16exposures of the employment. This presumption shall also apply
17to any hernia or hearing loss suffered by an employee employed
18as a firefighter, EMT, EMT-I, A-EMT, or paramedic. However,
19this presumption shall not apply to any employee who has been
20employed as a firefighter, EMT, EMT-I, A-EMT, or paramedic for
21less than 5 years at the time he or she files an Application
22for Adjustment of Claim concerning this condition or
23impairment with the Illinois Workers' Compensation Commission.
24The rebuttable presumption established under this subsection,
25however, does not apply to an emergency medical technician
26(EMT), emergency medical technician-intermediate (EMT-I),

 

 

HB5004- 198 -LRB102 23330 RJF 32496 b

1advanced emergency medical technician (A-EMT), or paramedic
2employed by a private employer if the employee spends the
3preponderance of his or her work time for that employer
4engaged in medical transfers between medical care facilities
5or non-emergency medical transfers to or from medical care
6facilities. The changes made to this subsection by this
7amendatory Act of the 98th General Assembly shall be narrowly
8construed. The Finding and Decision of the Illinois Workers'
9Compensation Commission under only the rebuttable presumption
10provision of this paragraph shall not be admissible or be
11deemed res judicata in any disability claim under the Illinois
12Pension Code arising out of the same medical condition;
13however, this sentence makes no change to the law set forth in
14Krohe v. City of Bloomington, 204 Ill.2d 392.
15    The insurance carrier liable shall be the carrier whose
16policy was in effect covering the employer liable on the last
17day of the exposure rendering such employer liable in
18accordance with the provisions of this Act.
19    (e) "Disablement" means an impairment or partial
20impairment, temporary or permanent, in the function of the
21body or any of the members of the body, or the event of
22becoming disabled from earning full wages at the work in which
23the employee was engaged when last exposed to the hazards of
24the occupational disease by the employer from whom he or she
25claims compensation, or equal wages in other suitable
26employment; and "disability" means the state of being so

 

 

HB5004- 199 -LRB102 23330 RJF 32496 b

1incapacitated.
2    (f) No compensation shall be payable for or on account of
3any occupational disease unless disablement, as herein
4defined, occurs within two years after the last day of the last
5exposure to the hazards of the disease, except in cases of
6occupational disease caused by berylliosis or by the
7inhalation of silica dust or asbestos dust and, in such cases,
8within 3 years after the last day of the last exposure to the
9hazards of such disease and except in the case of occupational
10disease caused by exposure to radiological materials or
11equipment, and in such case, within 25 years after the last day
12of last exposure to the hazards of such disease.
13    (g)(1) In any proceeding before the Commission in which
14the employee is a COVID-19 first responder or front-line
15worker as defined in this subsection, if the employee's injury
16or occupational disease resulted from exposure to and
17contraction of COVID-19, the exposure and contraction shall be
18rebuttably presumed to have arisen out of and in the course of
19the employee's first responder or front-line worker employment
20and the injury or occupational disease shall be rebuttably
21presumed to be causally connected to the hazards or exposures
22of the employee's first responder or front-line worker
23employment.
24    (2) The term "COVID-19 first responder or front-line
25worker" means: all individuals employed as police, fire
26personnel, emergency medical technicians, or paramedics; all

 

 

HB5004- 200 -LRB102 23330 RJF 32496 b

1individuals employed and considered as first responders; all
2workers for health care providers, including nursing homes and
3rehabilitation facilities and home care workers; corrections
4officers; and any individuals employed by essential businesses
5and operations as defined in Executive Order 2020-10 dated
6March 20, 2020, as long as individuals employed by essential
7businesses and operations are required by their employment to
8encounter members of the general public or to work in
9employment locations of more than 15 employees. For purposes
10of this subsection only, an employee's home or place of
11residence is not a place of employment, except for home care
12workers.
13    (3) The presumption created in this subsection may be
14rebutted by evidence, including, but not limited to, the
15following:
16        (A) the employee was working from his or her home, on
17    leave from his or her employment, or some combination
18    thereof, for a period of 14 or more consecutive days
19    immediately prior to the employee's injury, occupational
20    disease, or period of incapacity resulted from exposure to
21    COVID-19; or
22        (B) the employer was engaging in and applying to the
23    fullest extent possible or enforcing to the best of its
24    ability industry-specific workplace sanitation, social
25    distancing, and health and safety practices based on
26    updated guidance issued by the Centers for Disease Control

 

 

HB5004- 201 -LRB102 23330 RJF 32496 b

1    and Prevention or Illinois Department of Public Health or
2    was using a combination of administrative controls,
3    engineering controls, or personal protective equipment to
4    reduce the transmission of COVID-19 to all employees for
5    at least 14 consecutive days prior to the employee's
6    injury, occupational disease, or period of incapacity
7    resulting from exposure to COVID-19. For purposes of this
8    subsection, "updated" means the guidance in effect at
9    least 14 days prior to the COVID-19 diagnosis. For
10    purposes of this subsection, "personal protective
11    equipment" means industry-specific equipment worn to
12    minimize exposure to hazards that cause illnesses or
13    serious injuries, which may result from contact with
14    biological, chemical, radiological, physical, electrical,
15    mechanical, or other workplace hazards. "Personal
16    protective equipment" includes, but is not limited to,
17    items such as face coverings, gloves, safety glasses,
18    safety face shields, barriers, shoes, earplugs or muffs,
19    hard hats, respirators, coveralls, vests, and full body
20    suits; or
21        (C) the employee was exposed to COVID-19 by an
22    alternate source.
23    (4) The rebuttable presumption created in this subsection
24applies to all cases tried after June 5, 2020 (the effective
25date of Public Act 101-633) and in which the diagnosis of
26COVID-19 was made on or after March 9, 2020 and on or before

 

 

HB5004- 202 -LRB102 23330 RJF 32496 b

1June 30, 2021 (including the period between December 31, 2020
2and the effective date of this amendatory Act of the 101st
3General Assembly).
4    (5) Under no circumstances shall any COVID-19 case
5increase or affect any employer's workers' compensation
6insurance experience rating or modification, but COVID-19
7costs may be included in determining overall State loss costs.
8    (6) In order for the presumption created in this
9subsection to apply at trial, for COVID-19 diagnoses occurring
10on or before June 15, 2020, an employee must provide a
11confirmed medical diagnosis by a licensed medical practitioner
12or a positive laboratory test for COVID-19 or for COVID-19
13antibodies; for COVID-19 diagnoses occurring after June 15,
142020, an employee must provide a positive laboratory test for
15COVID-19 or for COVID-19 antibodies.
16    (7) The presumption created in this subsection does not
17apply if the employee's place of employment was solely the
18employee's home or residence for a period of 14 or more
19consecutive days immediately prior to the employee's injury,
20occupational disease, or period of incapacity resulted from
21exposure to COVID-19.
22    (8) The date of injury or the beginning of the employee's
23occupational disease or period of disability is either the
24date that the employee was unable to work due to contraction of
25COVID-19 or was unable to work due to symptoms that were later
26diagnosed as COVID-19, whichever came first.

 

 

HB5004- 203 -LRB102 23330 RJF 32496 b

1    (9) An employee who contracts COVID-19, but fails to
2establish the rebuttable presumption is not precluded from
3filing for compensation under this Act or under the Workers'
4Compensation Act.
5    (10) To qualify for temporary total disability benefits
6under the presumption created in this subsection, the employee
7must be certified for or recertified for temporary disability.
8    (11) An employer is entitled to a credit against any
9liability for temporary total disability due to an employee as
10a result of the employee contracting COVID-19 for (A) any sick
11leave benefits or extended salary benefits paid to the
12employee by the employer under Emergency Family Medical Leave
13Expansion Act, Emergency Paid Sick Leave Act of the Families
14First Coronavirus Response Act, or any other federal law, or
15(B) any other credit to which an employer is entitled under the
16Workers' Compensation Act.
17(Source: P.A. 101-633, eff. 6-5-20; 101-653, eff. 2-28-21.)
 
18    Section 155. The Unemployment Insurance Act is amended by
19changing Sections 211.4 and 614 as follows:
 
20    (820 ILCS 405/211.4)  (from Ch. 48, par. 321.4)
21    Sec. 211.4. A. Notwithstanding any other provision of this
22Act, the term "employment" shall include service performed
23after December 31, 1977, by an individual in agricultural
24labor as defined in Section 214 when:

 

 

HB5004- 204 -LRB102 23330 RJF 32496 b

1        1. Such service is performed for an employing unit
2    which (a) paid cash wages of $20,000 or more during any
3    calendar quarter in either the current or preceding
4    calendar year to an individual or individuals employed in
5    agricultural labor (not taking into account service in
6    agricultural labor performed before January 1, 1980, by a
7    noncitizen an alien referred to in paragraph 2); or (b)
8    employed in agricultural labor (not taking into account
9    service in agricultural labor performed before January 1,
10    1980, by a noncitizen an alien referred to in paragraph 2)
11    10 or more individuals within each of 20 or more calendar
12    weeks (but not necessarily simultaneously and irrespective
13    of whether the same individuals are or were employed in
14    each such week), whether or not such weeks are or were
15    consecutive, within either the current or preceding
16    calendar year.
17        2. Such service is not performed in agricultural labor
18    if performed before January 1, 1980 or on or after the
19    effective date of this amendatory Act of the 96th General
20    Assembly, by an individual who is a noncitizen an alien
21    admitted to the United States to perform service in
22    agricultural labor pursuant to Sections 214(c) and
23    101(a)(15)(H) of the Immigration and Nationality Act.
24    B. For the purposes of this Section, any individual who is
25a member of a crew furnished by a crew leader to perform
26service in agricultural labor for any other employing unit

 

 

HB5004- 205 -LRB102 23330 RJF 32496 b

1shall be treated as performing service in the employ of such
2crew leader if (1) the leader holds a valid certificate of
3registration under the Farm Labor Contractor Registration Act
4of 1963, or substantially all the members of such crew operate
5or maintain tractors, mechanized harvesting or crop dusting
6equipment, or any other mechanized equipment, which is
7provided by the crew leader; and (2) the service of such
8individual is not in employment for such other employing unit
9within the meaning of subsections A and C of Section 212, and
10of Section 213.
11    C. For the purposes of this Section, any individual who is
12furnished by a crew leader to perform service in agricultural
13labor for any other employing unit, and who is not treated as
14performing service in the employ of such crew leader under
15subsection B, shall be treated as performing service in the
16employ of such other employing unit, and such employing unit
17shall be treated as having paid cash wages to such individual
18in an amount equal to the amount of cash wages paid to the
19individual by the crew leader (either on his own behalf or on
20behalf of such other employing unit) for the service in
21agricultural labor performed for such other employing unit.
22    D. For the purposes of this Section, the term "crew
23leader" means an individual who (1) furnishes individuals to
24perform service in agricultural labor for any other employing
25unit; (2) pays (either on his own behalf or on behalf of such
26other employing unit) the individuals so furnished by him for

 

 

HB5004- 206 -LRB102 23330 RJF 32496 b

1the service in agricultural labor performed by them; and (3)
2has not entered into a written agreement with such other
3employing unit under which an individual so furnished by him
4is designated as performing services in the employ of such
5other employing unit.
6(Source: P.A. 96-1208, eff. 1-1-11.)
 
7    (820 ILCS 405/614)  (from Ch. 48, par. 444)
8    Sec. 614. Non-resident noncitizens aliens - ineligibility.
9A noncitizen An alien shall be ineligible for benefits for any
10week which begins after December 31, 1977, on the basis of
11wages for services performed by such noncitizen alien, unless
12the noncitizen alien was an individual who was lawfully
13admitted for permanent residence at the time such services
14were performed or otherwise was permanently residing in the
15United States under color of law at the time such services were
16performed (including a noncitizen an alien who was lawfully
17present in the United States as a result of the application of
18the provisions of Section 212(d) (5) of the Immigration and
19Nationality Act); provided, that any modifications of the
20provisions of Section 3304(a) (14) of the Federal Unemployment
21Tax Act which
22        A. Specify other conditions or another effective date
23    than stated herein for ineligibility for benefits based on
24    wages for services performed by noncitizens aliens, and
25        B. Are required to be implemented under this Act as a

 

 

HB5004- 207 -LRB102 23330 RJF 32496 b

1    condition for the Federal approval of this Act requisite
2    to the full tax credit against the tax imposed by the
3    Federal Act for contributions paid by employers pursuant
4    to this Act, shall be applicable under the provisions of
5    this Section.
6    Any data or information required of individuals who claim
7benefits for the purpose of determining whether benefits are
8not payable to them pursuant to this Section shall be
9uniformly required of all individuals who claim benefits.
10    If an individual would otherwise be eligible for benefits,
11no determination shall be made that such individual is
12ineligible for benefits pursuant to this Section because of
13the individual's noncitizen alien status, except upon a
14preponderance of the evidence.
15(Source: P.A. 86-3; 87-122.)
 
16    Section 995. No acceleration or delay. Where this Act
17makes changes in a statute that is represented in this Act by