HB5004 EngrossedLRB102 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 1. Legislative intent. It is the intent of the
5General Assembly in enacting this amendatory Act of the 102nd
6General Assembly to make only nonsubstantive changes that
7remove the dehumanizing term "alien" from all Illinois
8statutory provisions. No change made by this amendatory Act of
9the 102nd General Assembly shall be interpreted so as to make
10any substantive change to existing law, including, but not
11limited to, eligibility for federal programs or benefits that
12are available to a person who meets the definition of "alien"
13under State or federal law.
 
14    Section 5. The Illinois Notary Public Act is amended by
15changing Section 2-102 as follows:
 
16    (5 ILCS 312/2-102)  (from Ch. 102, par. 202-102)
17    (Text of Section before amendment by P.A. 102-160)
18    Sec. 2-102. Application. Every applicant for appointment
19and commission as a notary shall complete an application in a
20format prescribed by the Secretary of State to be filed with
21the Secretary of State, stating:
22        (a) the applicant's official name, as it appears on

 

 

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1    his or her current driver's license or state-issued
2    identification card;
3        (b) the county in which the applicant resides or, if
4    the applicant is a resident of a state bordering Illinois,
5    the county in Illinois in which that person's principal
6    place of work or principal place of business is located;
7        (c) the applicant's residence address, as it appears
8    on his or her current driver's license or state-issued
9    identification card;
10        (c-5) the applicant's business address if different
11    than the applicant's residence address, if performing
12    notarial acts constitutes any portion of the applicant's
13    job duties;
14        (d) that the applicant has resided in the State of
15    Illinois for 30 days preceding the application or that the
16    applicant who is a resident of a state bordering Illinois
17    has worked or maintained a business in Illinois for 30
18    days preceding the application;
19        (e) that the applicant is a citizen of the United
20    States or a person an alien lawfully admitted for
21    permanent residence in the United States;
22        (f) the applicant's date of birth;
23        (g) that the applicant is able to read and write the
24    English language;
25        (h) that the applicant has never been the holder of a
26    notary public appointment that was revoked or suspended

 

 

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1    during the past 10 years;
2        (i) that the applicant has not been convicted of a
3    felony;
4        (i-5) that the applicant's signature authorizes the
5    Office of the Secretary of State to conduct a verification
6    to confirm the information provided in the application,
7    including a criminal background check of the applicant, if
8    necessary; and
9        (j) any other information the Secretary of State deems
10    necessary.
11(Source: P.A. 99-112, eff. 1-1-16; 100-809, eff. 1-1-19.)
 
12    (Text of Section after amendment by P.A. 102-160)
13    Sec. 2-102. Application.
14    (a) Application for notary public commission. Every
15applicant for appointment and commission as a notary shall
16complete an application in a format prescribed by the
17Secretary of State to be filed with the Secretary of State,
18stating:
19        (1) the applicant's official name, as it appears on
20    his or her current driver's license or state-issued
21    identification card;
22        (2) the county in which the applicant resides or, if
23    the applicant is a resident of a state bordering Illinois,
24    the county in Illinois in which that person's principal
25    place of work or principal place of business is located;

 

 

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1        (3) the applicant's residence address, as it appears
2    on his or her current driver's license or state-issued
3    identification card;
4        (4) the applicant's e-mail address;
5        (5) the applicant's business address if different than
6    the applicant's residence address, if performing notarial
7    acts constitutes any portion of the applicant's job
8    duties;
9        (6) that the applicant has resided in the State of
10    Illinois for 30 days preceding the application or that the
11    applicant who is a resident of a state bordering Illinois
12    has worked or maintained a business in Illinois for 30
13    days preceding the application;
14        (7) that the applicant is a citizen of the United
15    States or lawfully admitted for permanent residence in the
16    United States;
17        (8) the applicant's date of birth;
18        (9) that the applicant is proficient in the the
19    English language;
20        (10) that the applicant has not had a prior
21    application or commission revoked due to a finding or
22    decision by the Secretary of State;
23        (11) that the applicant has not been convicted of a
24    felony;
25        (12) that the applicant's signature authorizes the
26    Office of the Secretary of State to conduct a verification

 

 

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1    to confirm the information provided in the application,
2    including a criminal background check of the applicant, if
3    necessary;
4        (13) that the applicant has provided satisfactory
5    proof to the Secretary of State that the applicant has
6    successfully completed any required course of study on
7    notarization; and
8        (14) any other information the Secretary of State
9    deems necessary.
10    (b) Any notary appointed under subsection (a) shall have
11the authority to conduct remote notarizations.
12    (c) Application for electronic notary public commission.
13An application for an electronic notary public commission must
14be filed with the Secretary of State in a manner prescribed by
15the Secretary of State. Every applicant for appointment and
16commission as an electronic notary public shall complete an
17application to be filed with the Secretary of State, stating:
18        (1) all information required to be included in an
19    application for appointment as an electronic notary
20    public, as provided under subsection (a);
21        (2) that the applicant is commissioned as a notary
22    public under this Act;
23        (3) the applicant's email address;
24        (4) that the applicant has provided satisfactory proof
25    to the Secretary of State that the applicant has
26    successfully completed any required course of study on

 

 

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1    electronic notarization and passed a qualifying
2    examination;
3        (5) a description of the technology or device that the
4    applicant intends to use to create his or her electronic
5    signature in performing electronic notarial acts;
6        (6) the electronic signature of the applicant; and
7        (7) any other information the Secretary of State deems
8    necessary.
9    (d) Electronic notarial acts. Before an electronic notary
10public performs an electronic notarial act using audio-video
11communication, he or she must be granted an electronic notary
12public commission by the Secretary of State under this
13Section, and identify the technology that the electronic
14notary public intends to use, which must be approved by the
15Secretary of State.
16    (e) Approval of commission. Upon the applicant's
17fulfillment of the requirements for a notarial commission or
18an electronic notary public commission, the Secretary of State
19shall approve the commission and issue to the applicant a
20unique commission number.
21    (f) Rejection of application. The Secretary of State may
22reject an application for a notarial commission or an
23electronic notary public commission if the applicant fails to
24comply with any Section of this Act.
25(Source: P.A. 102-160 (See Section 99 of P.A. 102-160 for
26effective date of P.A. 102-160).)
 

 

 

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1    Section 15. The Department of Commerce and Economic
2Opportunity Law of the Civil Administrative Code of Illinois
3is amended by changing Section 605-800 as follows:
 
4    (20 ILCS 605/605-800)  (was 20 ILCS 605/46.19a in part)
5    Sec. 605-800. Training grants for skills in critical
6demand.
7    (a) Grants to provide training in fields affected by
8critical demands for certain skills may be made as provided in
9this Section.
10    (b) The Director may make grants to eligible employers or
11to other eligible entities on behalf of employers as
12authorized in subsection (c) to provide training for employees
13in fields for which there are critical demands for certain
14skills. No participating employee may be a person without
15employment authorization under federal law an unauthorized
16alien, as defined in 8 U.S.C. 1324a.
17    (c) The Director may accept applications for training
18grant funds and grant requests from: (i) entities sponsoring
19multi-company eligible employee training projects as defined
20in subsection (d), including business associations, strategic
21business partnerships, institutions of secondary or higher
22education, large manufacturers for supplier network companies,
23federal Job Training Partnership Act administrative entities
24or grant recipients, and labor organizations when those

 

 

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1projects will address common training needs identified by
2participating companies; and (ii) individual employers that
3are undertaking eligible employee training projects as defined
4in subsection (d), including intermediaries and training
5agents.
6    (d) The Director may make grants to eligible applicants as
7defined in subsection (c) for employee training projects that
8include, but need not be limited to, one or more of the
9following:
10        (1) Training programs in response to new or changing
11    technology being introduced in the workplace.
12        (2) Job-linked training that offers special skills for
13    career advancement or that is preparatory for, and leads
14    directly to, jobs with definite career potential and
15    long-term job security.
16        (3) Training necessary to implement total quality
17    management or improvement or both management and
18    improvement systems within the workplace.
19        (4) Training related to new machinery or equipment.
20        (5) Training of employees of companies that are
21    expanding into new markets or expanding exports from
22    Illinois.
23        (6) Basic, remedial, or both basic and remedial
24    training of employees as a prerequisite for other
25    vocational or technical skills training or as a condition
26    for sustained employment.

 

 

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1        (7) Self-employment training of the unemployed and
2    underemployed with comprehensive, competency-based
3    instructional programs and services, entrepreneurial
4    education and training initiatives for youth and adult
5    learners in cooperation with the Illinois Institute for
6    Entrepreneurial Education, training and education,
7    conferences, workshops, and best practice information for
8    local program operators of entrepreneurial education and
9    self-employment training programs.
10        (8) Other training activities or projects, or both
11    training activities and projects, related to the support,
12    development, or evaluation of job training programs,
13    activities, and delivery systems, including training needs
14    assessment and design.
15    (e) Grants shall be made on the terms and conditions that
16the Department shall determine. No grant made under subsection
17(d), however, shall exceed 50% of the direct costs of all
18approved training programs provided by the employer or the
19employer's training agent or other entity as defined in
20subsection (c). Under this Section, allowable costs include,
21but are not limited to:
22        (1) Administrative costs of tracking, documenting,
23    reporting, and processing training funds or project costs.
24        (2) Curriculum development.
25        (3) Wages and fringe benefits of employees.
26        (4) Training materials, including scrap product costs.

 

 

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1        (5) Trainee travel expenses.
2        (6) Instructor costs, including wages, fringe
3    benefits, tuition, and travel expenses.
4        (7) Rent, purchase, or lease of training equipment.
5        (8) Other usual and customary training costs.
6    (f) The Department may conduct on-site grant monitoring
7visits to verify trainee employment dates and wages and to
8ensure that the grantee's financial management system is
9structured to provide for accurate, current, and complete
10disclosure of the financial results of the grant program in
11accordance with all provisions, terms, and conditions
12contained in the grant contract. Each applicant must, on
13request by the Department, provide to the Department a
14notarized certification signed and dated by a duly authorized
15representative of the applicant, or that representative's
16authorized designee, certifying that all participating
17employees are employed at an Illinois facility and, for each
18participating employee, stating the employee's name and
19providing either (i) the employee's social security number or
20(ii) a statement that the applicant has adequate written
21verification that the employee is employed at an Illinois
22facility. The Department may audit the accuracy of
23submissions. Applicants sponsoring multi-company training
24grant programs shall obtain information meeting the
25requirement of this subsection from each participating company
26and provide it to the Department upon request.

 

 

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1    (g) The Director may establish and collect a schedule of
2charges from subgrantee entities and other system users under
3federal job-training programs for participating in and
4utilizing the Department's automated job-training program
5information systems if the systems and the necessary
6participation and utilization are requirements of the federal
7job-training programs. All monies collected pursuant to this
8subsection shall be deposited into the Federal Workforce
9Training Fund and may be used, subject to appropriation by the
10General Assembly, only for the purpose of financing the
11maintenance and operation of the automated federal
12job-training information systems.
13(Source: P.A. 99-933, eff. 1-27-17.)
 
14    Section 20. The Illinois Guaranteed Job Opportunity Act is
15amended by changing Section 25 as follows:
 
16    (20 ILCS 1510/25)
17    Sec. 25. Program eligibility.
18    (a) General Rule. An individual is eligible to participate
19in the job projects assisted under this Act if the individual:
20        (1) is at least 16 years of age;
21        (2) has resided in the eligible area for at least 30
22    days;
23        (3) has been unemployed for 35 days prior to the
24    determination of employment for job projects assisted

 

 

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1    under this Act;
2        (4) is a citizen of the United States, is a national of
3    the United States, is a lawfully admitted permanent
4    resident alien, is a lawfully admitted refugee or parolee,
5    or is otherwise authorized by the United States Attorney
6    General to work in the United States; and
7        (5) is a recipient of assistance under Article IV of
8    the Illinois Public Aid Code.
9    (b) Limitations.
10        (1) (Blank).
11        (2) (Blank).
12        (3) No individual participating in the job opportunity
13    project assisted under this Act may work in any
14    compensated job other than the job assisted under this Act
15    for more than 20 hours per week.
16        (4) Individuals participating under this Act shall
17    seek employment during the period of employment assisted
18    under this Act.
19        (5) Any individual eligible for retirement benefits
20    under the Social Security Act, under any retirement system
21    for Federal Government employees, under the railroad
22    retirement system, under the military retirement system,
23    under a State or local government pension plan or
24    retirement system, or any private pension program is not
25    eligible to receive a job under a job project assisted
26    under this Act.

 

 

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1(Source: P.A. 93-46, eff. 7-1-03.)
 
2    Section 25. The Illinois Income Tax Act is amended by
3changing Section 1501 as follows:
 
4    (35 ILCS 5/1501)  (from Ch. 120, par. 15-1501)
5    Sec. 1501. Definitions.
6    (a) In general. When used in this Act, where not otherwise
7distinctly expressed or manifestly incompatible with the
8intent thereof:
9        (1) Business income. The term "business income" means
10    all income that may be treated as apportionable business
11    income under the Constitution of the United States.
12    Business income is net of the deductions allocable
13    thereto. Such term does not include compensation or the
14    deductions allocable thereto. For each taxable year
15    beginning on or after January 1, 2003, a taxpayer may
16    elect to treat all income other than compensation as
17    business income. This election shall be made in accordance
18    with rules adopted by the Department and, once made, shall
19    be irrevocable.
20        (1.5) Captive real estate investment trust:
21            (A) The term "captive real estate investment
22        trust" means a corporation, trust, or association:
23                (i) that is considered a real estate
24            investment trust for the taxable year under

 

 

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1            Section 856 of the Internal Revenue Code;
2                (ii) the certificates of beneficial interest
3            or shares of which are not regularly traded on an
4            established securities market; and
5                (iii) of which more than 50% of the voting
6            power or value of the beneficial interest or
7            shares, at any time during the last half of the
8            taxable year, is owned or controlled, directly,
9            indirectly, or constructively, by a single
10            corporation.
11            (B) The term "captive real estate investment
12        trust" does not include:
13                (i) a real estate investment trust of which
14            more than 50% of the voting power or value of the
15            beneficial interest or shares is owned or
16            controlled, directly, indirectly, or
17            constructively, by:
18                    (a) a real estate investment trust, other
19                than a captive real estate investment trust;
20                    (b) a person who is exempt from taxation
21                under Section 501 of the Internal Revenue
22                Code, and who is not required to treat income
23                received from the real estate investment trust
24                as unrelated business taxable income under
25                Section 512 of the Internal Revenue Code;
26                    (c) a listed Australian property trust, if

 

 

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1                no more than 50% of the voting power or value
2                of the beneficial interest or shares of that
3                trust, at any time during the last half of the
4                taxable year, is owned or controlled, directly
5                or indirectly, by a single person;
6                    (d) an entity organized as a trust,
7                provided a listed Australian property trust
8                described in subparagraph (c) owns or
9                controls, directly or indirectly, or
10                constructively, 75% or more of the voting
11                power or value of the beneficial interests or
12                shares of such entity; or
13                    (e) an entity that is organized outside of
14                the laws of the United States and that
15                satisfies all of the following criteria:
16                        (1) at least 75% of the entity's total
17                    asset value at the close of its taxable
18                    year is represented by real estate assets
19                    (as defined in Section 856(c)(5)(B) of the
20                    Internal Revenue Code, thereby including
21                    shares or certificates of beneficial
22                    interest in any real estate investment
23                    trust), cash and cash equivalents, and
24                    U.S. Government securities;
25                        (2) the entity is not subject to tax
26                    on amounts that are distributed to its

 

 

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1                    beneficial owners or is exempt from
2                    entity-level taxation;
3                        (3) the entity distributes at least
4                    85% of its taxable income (as computed in
5                    the jurisdiction in which it is organized)
6                    to the holders of its shares or
7                    certificates of beneficial interest on an
8                    annual basis;
9                        (4) either (i) the shares or
10                    beneficial interests of the entity are
11                    regularly traded on an established
12                    securities market or (ii) not more than
13                    10% of the voting power or value in the
14                    entity is held, directly, indirectly, or
15                    constructively, by a single entity or
16                    individual; and
17                        (5) the entity is organized in a
18                    country that has entered into a tax treaty
19                    with the United States; or
20                (ii) during its first taxable year for which
21            it elects to be treated as a real estate
22            investment trust under Section 856(c)(1) of the
23            Internal Revenue Code, a real estate investment
24            trust the certificates of beneficial interest or
25            shares of which are not regularly traded on an
26            established securities market, but only if the

 

 

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1            certificates of beneficial interest or shares of
2            the real estate investment trust are regularly
3            traded on an established securities market prior
4            to the earlier of the due date (including
5            extensions) for filing its return under this Act
6            for that first taxable year or the date it
7            actually files that return.
8            (C) For the purposes of this subsection (1.5), the
9        constructive ownership rules prescribed under Section
10        318(a) of the Internal Revenue Code, as modified by
11        Section 856(d)(5) of the Internal Revenue Code, apply
12        in determining the ownership of stock, assets, or net
13        profits of any person.
14            (D) For the purposes of this item (1.5), for
15        taxable years ending on or after August 16, 2007, the
16        voting power or value of the beneficial interest or
17        shares of a real estate investment trust does not
18        include any voting power or value of beneficial
19        interest or shares in a real estate investment trust
20        held directly or indirectly in a segregated asset
21        account by a life insurance company (as described in
22        Section 817 of the Internal Revenue Code) to the
23        extent such voting power or value is for the benefit of
24        entities or persons who are either immune from
25        taxation or exempt from taxation under subtitle A of
26        the Internal Revenue Code.

 

 

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1        (2) Commercial domicile. The term "commercial
2    domicile" means the principal place from which the trade
3    or business of the taxpayer is directed or managed.
4        (3) Compensation. The term "compensation" means wages,
5    salaries, commissions and any other form of remuneration
6    paid to employees for personal services.
7        (4) Corporation. The term "corporation" includes
8    associations, joint-stock companies, insurance companies
9    and cooperatives. Any entity, including a limited
10    liability company formed under the Illinois Limited
11    Liability Company Act, shall be treated as a corporation
12    if it is so classified for federal income tax purposes.
13        (5) Department. The term "Department" means the
14    Department of Revenue of this State.
15        (6) Director. The term "Director" means the Director
16    of Revenue of this State.
17        (7) Fiduciary. The term "fiduciary" means a guardian,
18    trustee, executor, administrator, receiver, or any person
19    acting in any fiduciary capacity for any person.
20        (8) Financial organization.
21            (A) The term "financial organization" means any
22        bank, bank holding company, trust company, savings
23        bank, industrial bank, land bank, safe deposit
24        company, private banker, savings and loan association,
25        building and loan association, credit union, currency
26        exchange, cooperative bank, small loan company, sales

 

 

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1        finance company, investment company, or any person
2        which is owned by a bank or bank holding company. For
3        the purpose of this Section a "person" will include
4        only those persons which a bank holding company may
5        acquire and hold an interest in, directly or
6        indirectly, under the provisions of the Bank Holding
7        Company Act of 1956 (12 U.S.C. 1841, et seq.), except
8        where interests in any person must be disposed of
9        within certain required time limits under the Bank
10        Holding Company Act of 1956.
11            (B) For purposes of subparagraph (A) of this
12        paragraph, the term "bank" includes (i) any entity
13        that is regulated by the Comptroller of the Currency
14        under the National Bank Act, or by the Federal Reserve
15        Board, or by the Federal Deposit Insurance Corporation
16        and (ii) any federally or State chartered bank
17        operating as a credit card bank.
18            (C) For purposes of subparagraph (A) of this
19        paragraph, the term "sales finance company" has the
20        meaning provided in the following item (i) or (ii):
21                (i) A person primarily engaged in one or more
22            of the following businesses: the business of
23            purchasing customer receivables, the business of
24            making loans upon the security of customer
25            receivables, the business of making loans for the
26            express purpose of funding purchases of tangible

 

 

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1            personal property or services by the borrower, or
2            the business of finance leasing. For purposes of
3            this item (i), "customer receivable" means:
4                    (a) a retail installment contract or
5                retail charge agreement within the meaning of
6                the Sales Finance Agency Act, the Retail
7                Installment Sales Act, or the Motor Vehicle
8                Retail Installment Sales Act;
9                    (b) an installment, charge, credit, or
10                similar contract or agreement arising from the
11                sale of tangible personal property or services
12                in a transaction involving a deferred payment
13                price payable in one or more installments
14                subsequent to the sale; or
15                    (c) the outstanding balance of a contract
16                or agreement described in provisions (a) or
17                (b) of this item (i).
18                A customer receivable need not provide for
19            payment of interest on deferred payments. A sales
20            finance company may purchase a customer receivable
21            from, or make a loan secured by a customer
22            receivable to, the seller in the original
23            transaction or to a person who purchased the
24            customer receivable directly or indirectly from
25            that seller.
26                (ii) A corporation meeting each of the

 

 

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1            following criteria:
2                    (a) the corporation must be a member of an
3                "affiliated group" within the meaning of
4                Section 1504(a) of the Internal Revenue Code,
5                determined without regard to Section 1504(b)
6                of the Internal Revenue Code;
7                    (b) more than 50% of the gross income of
8                the corporation for the taxable year must be
9                interest income derived from qualifying loans.
10                A "qualifying loan" is a loan made to a member
11                of the corporation's affiliated group that
12                originates customer receivables (within the
13                meaning of item (i)) or to whom customer
14                receivables originated by a member of the
15                affiliated group have been transferred, to the
16                extent the average outstanding balance of
17                loans from that corporation to members of its
18                affiliated group during the taxable year do
19                not exceed the limitation amount for that
20                corporation. The "limitation amount" for a
21                corporation is the average outstanding
22                balances during the taxable year of customer
23                receivables (within the meaning of item (i))
24                originated by all members of the affiliated
25                group. If the average outstanding balances of
26                the loans made by a corporation to members of

 

 

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1                its affiliated group exceed the limitation
2                amount, the interest income of that
3                corporation from qualifying loans shall be
4                equal to its interest income from loans to
5                members of its affiliated groups times a
6                fraction equal to the limitation amount
7                divided by the average outstanding balances of
8                the loans made by that corporation to members
9                of its affiliated group;
10                    (c) the total of all shareholder's equity
11                (including, without limitation, paid-in
12                capital on common and preferred stock and
13                retained earnings) of the corporation plus the
14                total of all of its loans, advances, and other
15                obligations payable or owed to members of its
16                affiliated group may not exceed 20% of the
17                total assets of the corporation at any time
18                during the tax year; and
19                    (d) more than 50% of all interest-bearing
20                obligations of the affiliated group payable to
21                persons outside the group determined in
22                accordance with generally accepted accounting
23                principles must be obligations of the
24                corporation.
25            This amendatory Act of the 91st General Assembly
26        is declaratory of existing law.

 

 

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1            (D) Subparagraphs (B) and (C) of this paragraph
2        are declaratory of existing law and apply
3        retroactively, for all tax years beginning on or
4        before December 31, 1996, to all original returns, to
5        all amended returns filed no later than 30 days after
6        the effective date of this amendatory Act of 1996, and
7        to all notices issued on or before the effective date
8        of this amendatory Act of 1996 under subsection (a) of
9        Section 903, subsection (a) of Section 904, subsection
10        (e) of Section 909, or Section 912. A taxpayer that is
11        a "financial organization" that engages in any
12        transaction with an affiliate shall be a "financial
13        organization" for all purposes of this Act.
14            (E) For all tax years beginning on or before
15        December 31, 1996, a taxpayer that falls within the
16        definition of a "financial organization" under
17        subparagraphs (B) or (C) of this paragraph, but who
18        does not fall within the definition of a "financial
19        organization" under the Proposed Regulations issued by
20        the Department of Revenue on July 19, 1996, may
21        irrevocably elect to apply the Proposed Regulations
22        for all of those years as though the Proposed
23        Regulations had been lawfully promulgated, adopted,
24        and in effect for all of those years. For purposes of
25        applying subparagraphs (B) or (C) of this paragraph to
26        all of those years, the election allowed by this

 

 

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1        subparagraph applies only to the taxpayer making the
2        election and to those members of the taxpayer's
3        unitary business group who are ordinarily required to
4        apportion business income under the same subsection of
5        Section 304 of this Act as the taxpayer making the
6        election. No election allowed by this subparagraph
7        shall be made under a claim filed under subsection (d)
8        of Section 909 more than 30 days after the effective
9        date of this amendatory Act of 1996.
10            (F) Finance Leases. For purposes of this
11        subsection, a finance lease shall be treated as a loan
12        or other extension of credit, rather than as a lease,
13        regardless of how the transaction is characterized for
14        any other purpose, including the purposes of any
15        regulatory agency to which the lessor is subject. A
16        finance lease is any transaction in the form of a lease
17        in which the lessee is treated as the owner of the
18        leased asset entitled to any deduction for
19        depreciation allowed under Section 167 of the Internal
20        Revenue Code.
21        (9) Fiscal year. The term "fiscal year" means an
22    accounting period of 12 months ending on the last day of
23    any month other than December.
24        (9.5) Fixed place of business. The term "fixed place
25    of business" has the same meaning as that term is given in
26    Section 864 of the Internal Revenue Code and the related

 

 

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1    Treasury regulations.
2        (10) Includes and including. The terms "includes" and
3    "including" when used in a definition contained in this
4    Act shall not be deemed to exclude other things otherwise
5    within the meaning of the term defined.
6        (11) Internal Revenue Code. The term "Internal Revenue
7    Code" means the United States Internal Revenue Code of
8    1954 or any successor law or laws relating to federal
9    income taxes in effect for the taxable year.
10        (11.5) Investment partnership.
11            (A) The term "investment partnership" means any
12        entity that is treated as a partnership for federal
13        income tax purposes that meets the following
14        requirements:
15                (i) no less than 90% of the partnership's cost
16            of its total assets consists of qualifying
17            investment securities, deposits at banks or other
18            financial institutions, and office space and
19            equipment reasonably necessary to carry on its
20            activities as an investment partnership;
21                (ii) no less than 90% of its gross income
22            consists of interest, dividends, and gains from
23            the sale or exchange of qualifying investment
24            securities; and
25                (iii) the partnership is not a dealer in
26            qualifying investment securities.

 

 

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1            (B) For purposes of this paragraph (11.5), the
2        term "qualifying investment securities" includes all
3        of the following:
4                (i) common stock, including preferred or debt
5            securities convertible into common stock, and
6            preferred stock;
7                (ii) bonds, debentures, and other debt
8            securities;
9                (iii) foreign and domestic currency deposits
10            secured by federal, state, or local governmental
11            agencies;
12                (iv) mortgage or asset-backed securities
13            secured by federal, state, or local governmental
14            agencies;
15                (v) repurchase agreements and loan
16            participations;
17                (vi) foreign currency exchange contracts and
18            forward and futures contracts on foreign
19            currencies;
20                (vii) stock and bond index securities and
21            futures contracts and other similar financial
22            securities and futures contracts on those
23            securities;
24                (viii) options for the purchase or sale of any
25            of the securities, currencies, contracts, or
26            financial instruments described in items (i) to

 

 

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1            (vii), inclusive;
2                (ix) regulated futures contracts;
3                (x) commodities (not described in Section
4            1221(a)(1) of the Internal Revenue Code) or
5            futures, forwards, and options with respect to
6            such commodities, provided, however, that any item
7            of a physical commodity to which title is actually
8            acquired in the partnership's capacity as a dealer
9            in such commodity shall not be a qualifying
10            investment security;
11                (xi) derivatives; and
12                (xii) a partnership interest in another
13            partnership that is an investment partnership.
14        (12) Mathematical error. The term "mathematical error"
15    includes the following types of errors, omissions, or
16    defects in a return filed by a taxpayer which prevents
17    acceptance of the return as filed for processing:
18            (A) arithmetic errors or incorrect computations on
19        the return or supporting schedules;
20            (B) entries on the wrong lines;
21            (C) omission of required supporting forms or
22        schedules or the omission of the information in whole
23        or in part called for thereon; and
24            (D) an attempt to claim, exclude, deduct, or
25        improperly report, in a manner directly contrary to
26        the provisions of the Act and regulations thereunder

 

 

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1        any item of income, exemption, deduction, or credit.
2        (13) Nonbusiness income. The term "nonbusiness income"
3    means all income other than business income or
4    compensation.
5        (14) Nonresident. The term "nonresident" means a
6    person who is not a resident.
7        (15) Paid, incurred and accrued. The terms "paid",
8    "incurred" and "accrued" shall be construed according to
9    the method of accounting upon the basis of which the
10    person's base income is computed under this Act.
11        (16) Partnership and partner. The term "partnership"
12    includes a syndicate, group, pool, joint venture or other
13    unincorporated organization, through or by means of which
14    any business, financial operation, or venture is carried
15    on, and which is not, within the meaning of this Act, a
16    trust or estate or a corporation; and the term "partner"
17    includes a member in such syndicate, group, pool, joint
18    venture or organization.
19        The term "partnership" includes any entity, including
20    a limited liability company formed under the Illinois
21    Limited Liability Company Act, classified as a partnership
22    for federal income tax purposes.
23        The term "partnership" does not include a syndicate,
24    group, pool, joint venture, or other unincorporated
25    organization established for the sole purpose of playing
26    the Illinois State Lottery.

 

 

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1        (17) Part-year resident. The term "part-year resident"
2    means an individual who became a resident during the
3    taxable year or ceased to be a resident during the taxable
4    year. Under Section 1501(a)(20)(A)(i) residence commences
5    with presence in this State for other than a temporary or
6    transitory purpose and ceases with absence from this State
7    for other than a temporary or transitory purpose. Under
8    Section 1501(a)(20)(A)(ii) residence commences with the
9    establishment of domicile in this State and ceases with
10    the establishment of domicile in another State.
11        (18) Person. The term "person" shall be construed to
12    mean and include an individual, a trust, estate,
13    partnership, association, firm, company, corporation,
14    limited liability company, or fiduciary. For purposes of
15    Section 1301 and 1302 of this Act, a "person" means (i) an
16    individual, (ii) a corporation, (iii) an officer, agent,
17    or employee of a corporation, (iv) a member, agent or
18    employee of a partnership, or (v) a member, manager,
19    employee, officer, director, or agent of a limited
20    liability company who in such capacity commits an offense
21    specified in Section 1301 and 1302.
22        (18A) Records. The term "records" includes all data
23    maintained by the taxpayer, whether on paper, microfilm,
24    microfiche, or any type of machine-sensible data
25    compilation.
26        (19) Regulations. The term "regulations" includes

 

 

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1    rules promulgated and forms prescribed by the Department.
2        (20) Resident. The term "resident" means:
3            (A) an individual (i) who is in this State for
4        other than a temporary or transitory purpose during
5        the taxable year; or (ii) who is domiciled in this
6        State but is absent from the State for a temporary or
7        transitory purpose during the taxable year;
8            (B) The estate of a decedent who at his or her
9        death was domiciled in this State;
10            (C) A trust created by a will of a decedent who at
11        his death was domiciled in this State; and
12            (D) An irrevocable trust, the grantor of which was
13        domiciled in this State at the time such trust became
14        irrevocable. For purpose of this subparagraph, a trust
15        shall be considered irrevocable to the extent that the
16        grantor is not treated as the owner thereof under
17        Sections 671 through 678 of the Internal Revenue Code.
18        (21) Sales. The term "sales" means all gross receipts
19    of the taxpayer not allocated under Sections 301, 302 and
20    303.
21        (22) State. The term "state" when applied to a
22    jurisdiction other than this State means any state of the
23    United States, the District of Columbia, the Commonwealth
24    of Puerto Rico, any Territory or Possession of the United
25    States, and any foreign country, or any political
26    subdivision of any of the foregoing. For purposes of the

 

 

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1    foreign tax credit under Section 601, the term "state"
2    means any state of the United States, the District of
3    Columbia, the Commonwealth of Puerto Rico, and any
4    territory or possession of the United States, or any
5    political subdivision of any of the foregoing, effective
6    for tax years ending on or after December 31, 1989.
7        (23) Taxable year. The term "taxable year" means the
8    calendar year, or the fiscal year ending during such
9    calendar year, upon the basis of which the base income is
10    computed under this Act. "Taxable year" means, in the case
11    of a return made for a fractional part of a year under the
12    provisions of this Act, the period for which such return
13    is made.
14        (24) Taxpayer. The term "taxpayer" means any person
15    subject to the tax imposed by this Act.
16        (25) International banking facility. The term
17    international banking facility shall have the same meaning
18    as is set forth in the Illinois Banking Act or as is set
19    forth in the laws of the United States or regulations of
20    the Board of Governors of the Federal Reserve System.
21        (26) Income Tax Return Preparer.
22            (A) The term "income tax return preparer" means
23        any person who prepares for compensation, or who
24        employs one or more persons to prepare for
25        compensation, any return of tax imposed by this Act or
26        any claim for refund of tax imposed by this Act. The

 

 

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1        preparation of a substantial portion of a return or
2        claim for refund shall be treated as the preparation
3        of that return or claim for refund.
4            (B) A person is not an income tax return preparer
5        if all he or she does is
6                (i) furnish typing, reproducing, or other
7            mechanical assistance;
8                (ii) prepare returns or claims for refunds for
9            the employer by whom he or she is regularly and
10            continuously employed;
11                (iii) prepare as a fiduciary returns or claims
12            for refunds for any person; or
13                (iv) prepare claims for refunds for a taxpayer
14            in response to any notice of deficiency issued to
15            that taxpayer or in response to any waiver of
16            restriction after the commencement of an audit of
17            that taxpayer or of another taxpayer if a
18            determination in the audit of the other taxpayer
19            directly or indirectly affects the tax liability
20            of the taxpayer whose claims he or she is
21            preparing.
22        (27) Unitary business group.
23            (A) The term "unitary business group" means a
24        group of persons related through common ownership
25        whose business activities are integrated with,
26        dependent upon and contribute to each other. The group

 

 

HB5004 Engrossed- 33 -LRB102 23330 RJF 32496 b

1        will not include those members whose business activity
2        outside the United States is 80% or more of any such
3        member's total business activity; for purposes of this
4        paragraph and clause (a)(3)(B)(ii) of Section 304,
5        business activity within the United States shall be
6        measured by means of the factors ordinarily applicable
7        under subsections (a), (b), (c), (d), or (h) of
8        Section 304 except that, in the case of members
9        ordinarily required to apportion business income by
10        means of the 3 factor formula of property, payroll and
11        sales specified in subsection (a) of Section 304,
12        including the formula as weighted in subsection (h) of
13        Section 304, such members shall not use the sales
14        factor in the computation and the results of the
15        property and payroll factor computations of subsection
16        (a) of Section 304 shall be divided by 2 (by one if
17        either the property or payroll factor has a
18        denominator of zero). The computation required by the
19        preceding sentence shall, in each case, involve the
20        division of the member's property, payroll, or revenue
21        miles in the United States, insurance premiums on
22        property or risk in the United States, or financial
23        organization business income from sources within the
24        United States, as the case may be, by the respective
25        worldwide figures for such items. Common ownership in
26        the case of corporations is the direct or indirect

 

 

HB5004 Engrossed- 34 -LRB102 23330 RJF 32496 b

1        control or ownership of more than 50% of the
2        outstanding voting stock of the persons carrying on
3        unitary business activity. Unitary business activity
4        can ordinarily be illustrated where the activities of
5        the members are: (1) in the same general line (such as
6        manufacturing, wholesaling, retailing of tangible
7        personal property, insurance, transportation or
8        finance); or (2) are steps in a vertically structured
9        enterprise or process (such as the steps involved in
10        the production of natural resources, which might
11        include exploration, mining, refining, and marketing);
12        and, in either instance, the members are functionally
13        integrated through the exercise of strong centralized
14        management (where, for example, authority over such
15        matters as purchasing, financing, tax compliance,
16        product line, personnel, marketing and capital
17        investment is not left to each member).
18            (B) In no event, for taxable years ending prior to
19        December 31, 2017, shall any unitary business group
20        include members which are ordinarily required to
21        apportion business income under different subsections
22        of Section 304 except that for tax years ending on or
23        after December 31, 1987 this prohibition shall not
24        apply to a holding company that would otherwise be a
25        member of a unitary business group with taxpayers that
26        apportion business income under any of subsections

 

 

HB5004 Engrossed- 35 -LRB102 23330 RJF 32496 b

1        (b), (c), (c-1), or (d) of Section 304. If a unitary
2        business group would, but for the preceding sentence,
3        include members that are ordinarily required to
4        apportion business income under different subsections
5        of Section 304, then for each subsection of Section
6        304 for which there are two or more members, there
7        shall be a separate unitary business group composed of
8        such members. For purposes of the preceding two
9        sentences, a member is "ordinarily required to
10        apportion business income" under a particular
11        subsection of Section 304 if it would be required to
12        use the apportionment method prescribed by such
13        subsection except for the fact that it derives
14        business income solely from Illinois. As used in this
15        paragraph, for taxable years ending before December
16        31, 2017, the phrase "United States" means only the 50
17        states and the District of Columbia, but does not
18        include any territory or possession of the United
19        States or any area over which the United States has
20        asserted jurisdiction or claimed exclusive rights with
21        respect to the exploration for or exploitation of
22        natural resources. For taxable years ending on or
23        after December 31, 2017, the phrase "United States",
24        as used in this paragraph, means only the 50 states,
25        the District of Columbia, and any area over which the
26        United States has asserted jurisdiction or claimed

 

 

HB5004 Engrossed- 36 -LRB102 23330 RJF 32496 b

1        exclusive rights with respect to the exploration for
2        or exploitation of natural resources, but does not
3        include any territory or possession of the United
4        States.
5            (C) Holding companies.
6                (i) For purposes of this subparagraph, a
7            "holding company" is a corporation (other than a
8            corporation that is a financial organization under
9            paragraph (8) of this subsection (a) of Section
10            1501 because it is a bank holding company under
11            the provisions of the Bank Holding Company Act of
12            1956 (12 U.S.C. 1841, et seq.) or because it is
13            owned by a bank or a bank holding company) that
14            owns a controlling interest in one or more other
15            taxpayers ("controlled taxpayers"); that, during
16            the period that includes the taxable year and the
17            2 immediately preceding taxable years or, if the
18            corporation was formed during the current or
19            immediately preceding taxable year, the taxable
20            years in which the corporation has been in
21            existence, derived substantially all its gross
22            income from dividends, interest, rents, royalties,
23            fees or other charges received from controlled
24            taxpayers for the provision of services, and gains
25            on the sale or other disposition of interests in
26            controlled taxpayers or in property leased or

 

 

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1            licensed to controlled taxpayers or used by the
2            taxpayer in providing services to controlled
3            taxpayers; and that incurs no substantial expenses
4            other than expenses (including interest and other
5            costs of borrowing) incurred in connection with
6            the acquisition and holding of interests in
7            controlled taxpayers and in the provision of
8            services to controlled taxpayers or in the leasing
9            or licensing of property to controlled taxpayers.
10                (ii) The income of a holding company which is
11            a member of more than one unitary business group
12            shall be included in each unitary business group
13            of which it is a member on a pro rata basis, by
14            including in each unitary business group that
15            portion of the base income of the holding company
16            that bears the same proportion to the total base
17            income of the holding company as the gross
18            receipts of the unitary business group bears to
19            the combined gross receipts of all unitary
20            business groups (in both cases without regard to
21            the holding company) or on any other reasonable
22            basis, consistently applied.
23                (iii) A holding company shall apportion its
24            business income under the subsection of Section
25            304 used by the other members of its unitary
26            business group. The apportionment factors of a

 

 

HB5004 Engrossed- 38 -LRB102 23330 RJF 32496 b

1            holding company which would be a member of more
2            than one unitary business group shall be included
3            with the apportionment factors of each unitary
4            business group of which it is a member on a pro
5            rata basis using the same method used in clause
6            (ii).
7                (iv) The provisions of this subparagraph (C)
8            are intended to clarify existing law.
9            (D) If including the base income and factors of a
10        holding company in more than one unitary business
11        group under subparagraph (C) does not fairly reflect
12        the degree of integration between the holding company
13        and one or more of the unitary business groups, the
14        dependence of the holding company and one or more of
15        the unitary business groups upon each other, or the
16        contributions between the holding company and one or
17        more of the unitary business groups, the holding
18        company may petition the Director, under the
19        procedures provided under Section 304(f), for
20        permission to include all base income and factors of
21        the holding company only with members of a unitary
22        business group apportioning their business income
23        under one subsection of subsections (a), (b), (c), or
24        (d) of Section 304. If the petition is granted, the
25        holding company shall be included in a unitary
26        business group only with persons apportioning their

 

 

HB5004 Engrossed- 39 -LRB102 23330 RJF 32496 b

1        business income under the selected subsection of
2        Section 304 until the Director grants a petition of
3        the holding company either to be included in more than
4        one unitary business group under subparagraph (C) or
5        to include its base income and factors only with
6        members of a unitary business group apportioning their
7        business income under a different subsection of
8        Section 304.
9            (E) If the unitary business group members'
10        accounting periods differ, the common parent's
11        accounting period or, if there is no common parent,
12        the accounting period of the member that is expected
13        to have, on a recurring basis, the greatest Illinois
14        income tax liability must be used to determine whether
15        to use the apportionment method provided in subsection
16        (a) or subsection (h) of Section 304. The prohibition
17        against membership in a unitary business group for
18        taxpayers ordinarily required to apportion income
19        under different subsections of Section 304 does not
20        apply to taxpayers required to apportion income under
21        subsection (a) and subsection (h) of Section 304. The
22        provisions of this amendatory Act of 1998 apply to tax
23        years ending on or after December 31, 1998.
24        (28) Subchapter S corporation. The term "Subchapter S
25    corporation" means a corporation for which there is in
26    effect an election under Section 1362 of the Internal

 

 

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1    Revenue Code, or for which there is a federal election to
2    opt out of the provisions of the Subchapter S Revision Act
3    of 1982 and have applied instead the prior federal
4    Subchapter S rules as in effect on July 1, 1982.
5        (30) Foreign person. The term "foreign person" means
6    any person who is a nonresident individual who is a
7    national or citizen of a country other than the United
8    States alien individual and any nonindividual entity,
9    regardless of where created or organized, whose business
10    activity outside the United States is 80% or more of the
11    entity's total business activity.
 
12    (b) Other definitions.
13        (1) Words denoting number, gender, and so forth, when
14    used in this Act, where not otherwise distinctly expressed
15    or manifestly incompatible with the intent thereof:
16            (A) Words importing the singular include and apply
17        to several persons, parties or things;
18            (B) Words importing the plural include the
19        singular; and
20            (C) Words importing the masculine gender include
21        the feminine as well.
22        (2) "Company" or "association" as including successors
23    and assigns. The word "company" or "association", when
24    used in reference to a corporation, shall be deemed to
25    embrace the words "successors and assigns of such company

 

 

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1    or association", and in like manner as if these last-named
2    words, or words of similar import, were expressed.
3        (3) Other terms. Any term used in any Section of this
4    Act with respect to the application of, or in connection
5    with, the provisions of any other Section of this Act
6    shall have the same meaning as in such other Section.
7(Source: P.A. 99-213, eff. 7-31-15; 100-22, eff. 7-6-17.)
 
8    Section 30. The Counties Code is amended by changing
9Section 3-12007 as follows:
 
10    (55 ILCS 5/3-12007)  (from Ch. 34, par. 3-12007)
11    Sec. 3-12007. Proposed rules for classified service. (a)
12The Director of Personnel shall prepare and submit to the
13commission proposed rules for the classified service. The
14director shall give at least 10 days' notice to the heads of
15all departments or agencies affected and they shall be given
16an opportunity, upon their request, to appear before the
17commission to express their views thereon before action is
18taken by the commission.
19    (b) The rules, as adopted pursuant to subsection (a) of
20Section 3-12005 shall provide for:
21    (1) preparation, maintenance and revision of a position
22classification plan for all positions in the classified
23service, based upon the similarity of duties performed and
24responsibilities assumed, so that the same qualifications may

 

 

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1reasonably be required and the same schedule of pay may be
2applied to all positions in the same class. Each position
3authorized by the Board shall be allocated by the director to
4the proper class and assigned to the appropriate pay range for
5that class.
6    (2) promotion which shall give appropriate consideration
7to the applicant's qualifications, record of performance,
8seniority, and conduct. Vacancies shall be filled by promotion
9whenever practicable and in the best interest of the county
10service, and preference may be given to employees within the
11department in which the vacancy occurs.
12    (3) open competitive examinations to determine the
13relative fitness of applicants for the respective competitive
14positions.
15    (4) competitive selection of employees for all classes in
16the classified service.
17    (5) establishment of lists of eligibles for appointment
18and promotion, upon which lists shall be placed the names of
19successful candidates in the order of their relative
20excellence in the respective examinations. The duration of
21eligible lists for initial appointment shall be for no more
22than one year unless extended by the director for not more than
23one additional year; lists of eligibles for promotion shall be
24maintained for as long as the tests on which they are based are
25considered valid by the director.
26    (6) certification by the director to the appointing

 

 

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1authorities of not more than the top 5 names from the list of
2eligibles for a single vacancy.
3    (7) rejection of candidates who do not comply with
4reasonable job requirements in regard to such factors as age,
5physical condition, training and experience, or who are
6addicted to alcohol or narcotics or have been guilty of
7infamous or disgraceful conduct or are undocumented immigrants
8illegal aliens.
9    (8) periods of probationary employment. During the initial
10probation period following appointment any employee may be
11discharged or demoted without charges or hearing except that
12any applicant or employee, regardless of status, who has
13reason to believe that he/she has been discriminated against
14because of religious opinions or affiliation, or race, sex, or
15national origin in any personnel action may appeal to the
16commission in accordance with the provisions of this Division
17or in appropriate rules established by the commission pursuant
18to subsection (a) of Section 3-12005.
19    (9) provisional employment without competitive
20examinations when there is no appropriate eligible list
21available. No person hired as a provisional employee shall
22continue on the county payroll longer than 6 months per
23calendar year nor shall successive provisional appointments be
24allowed.
25    (10) transfer from a position in one department to a
26position in another department involving similar

 

 

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1qualifications, duties, responsibilities and salary.
2    (11) procedures for authorized reinstatement within one
3year of persons who resign in good standing.
4    (12) layoff by reason of lack of funds or work or abolition
5of the position, or material changes in duties or
6organization, and for the layoff of nontenured employees
7first, and for the reemployment of permanent employees so laid
8off, giving consideration in both layoff and reemployment to
9performance record and seniority in service.
10    (13) keeping records of performance of all employees in
11the classified service.
12    (14) suspension, demotion or dismissal of an employee for
13misconduct, inefficiency, incompetence, insubordination,
14malfeasance or other unfitness to render effective service and
15for the investigation and hearing of appeals of any employee
16recommended for suspension, demotion or dismissal by a
17department head for any of the foregoing reasons.
18    (15) establishment of a plan for resolving employee
19grievances and complaints, including an appeals procedure.
20    (16) hours of work, holidays and attendance regulations,
21and for annual, sick and special leaves of absence, with or
22without pay, or at reduced pay.
23    (17) development of employee morale, safety and training
24programs.
25    (18) establishment of a period of probation, the length of
26which shall be determined by the complexity of the work

 

 

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1involved, but which shall not exceed one year without special
2written approval from the commission.
3    (19) such other rules, not inconsistent with this
4Division, as may be proper and necessary for its enforcement.
5(Source: P.A. 86-962.)
 
6    Section 35. The Metropolitan Water Reclamation District
7Act is amended by changing Section 11.15 as follows:
 
8    (70 ILCS 2605/11.15)  (from Ch. 42, par. 331.15)
9    Sec. 11.15. No person shall be employed upon contracts for
10work to be done by any such sanitary district unless he or she
11is a citizen of the United States, a national of the United
12States under Section 1401 of Title 8 of the United States Code,
13a person an alien lawfully admitted for permanent residence
14under Section 1101 of Title 8 of the United States Code, an
15individual who has been granted asylum under Section 1158 of
16Title 8 of the United States Code, or an individual who is
17otherwise legally authorized to work in the United States.
18(Source: P.A. 98-280, eff. 8-9-13; 99-231, eff. 8-3-15.)
 
19    Section 40. The Board of Higher Education Act is amended
20by changing Section 9.16 as follows:
 
21    (110 ILCS 205/9.16)  (from Ch. 144, par. 189.16)
22    Sec. 9.16. Underrepresentation of certain groups in higher

 

 

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1education. To require public institutions of higher education
2to develop and implement methods and strategies to increase
3the participation of minorities, women and individuals with
4disabilities who are traditionally underrepresented in
5education programs and activities. For the purpose of this
6Section, minorities shall mean persons who are citizens of the
7United States or lawful permanent residents resident aliens of
8the United States and who are any of the following:
9        (1) American Indian or Alaska Native (a person having
10    origins in any of the original peoples of North and South
11    America, including Central America, and who maintains
12    tribal affiliation or community attachment).
13        (2) Asian (a person having origins in any of the
14    original peoples of the Far East, Southeast Asia, or the
15    Indian subcontinent, including, but not limited to,
16    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
17    the Philippine Islands, Thailand, and Vietnam).
18        (3) Black or African American (a person having origins
19    in any of the black racial groups of Africa).
20        (4) Hispanic or Latino (a person of Cuban, Mexican,
21    Puerto Rican, South or Central American, or other Spanish
22    culture or origin, regardless of race).
23        (5) Native Hawaiian or Other Pacific Islander (a
24    person having origins in any of the original peoples of
25    Hawaii, Guam, Samoa, or other Pacific Islands).
26    The Board shall adopt any rules necessary to administer

 

 

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1this Section. The Board shall also do the following:
2    (a) require all public institutions of higher education to
3develop and submit plans for the implementation of this
4Section;
5    (b) conduct periodic review of public institutions of
6higher education to determine compliance with this Section;
7and if the Board finds that a public institution of higher
8education is not in compliance with this Section, it shall
9notify the institution of steps to take to attain compliance;
10    (c) provide advice and counsel pursuant to this Section;
11    (d) conduct studies of the effectiveness of methods and
12strategies designed to increase participation of students in
13education programs and activities in which minorities, women
14and individuals with disabilities are traditionally
15underrepresented, and monitor the success of students in such
16education programs and activities;
17    (e) encourage minority student recruitment and retention
18in colleges and universities. In implementing this paragraph,
19the Board shall undertake but need not be limited to the
20following: the establishment of guidelines and plans for
21public institutions of higher education for minority student
22recruitment and retention, the review and monitoring of
23minority student programs implemented at public institutions
24of higher education to determine their compliance with any
25guidelines and plans so established, the determination of the
26effectiveness and funding requirements of minority student

 

 

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1programs at public institutions of higher education, the
2dissemination of successful programs as models, and the
3encouragement of cooperative partnerships between community
4colleges and local school attendance centers which are
5experiencing difficulties in enrolling minority students in
6four-year colleges and universities;
7    (f) mandate all public institutions of higher education to
8submit data and information essential to determine compliance
9with this Section. The Board shall prescribe the format and
10the date for submission of this data and any other education
11equity data; and
12    (g) report to the General Assembly and the Governor
13annually with a description of the plans submitted by each
14public institution of higher education for implementation of
15this Section, including financial data relating to the most
16recent fiscal year expenditures for specific minority
17programs, the effectiveness of such plans and programs and the
18effectiveness of the methods and strategies developed by the
19Board in meeting the purposes of this Section, the degree of
20compliance with this Section by each public institution of
21higher education as determined by the Board pursuant to its
22periodic review responsibilities, and the findings made by the
23Board in conducting its studies and monitoring student success
24as required by paragraph d) of this Section. With respect to
25each public institution of higher education such report also
26shall include, but need not be limited to, information with

 

 

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1respect to each institution's minority program budget
2allocations; minority student admission, retention and
3graduation statistics; admission, retention, and graduation
4statistics of all students who are the first in their
5immediate family to attend an institution of higher education;
6number of financial assistance awards to undergraduate and
7graduate minority students; and minority faculty
8representation. This paragraph shall not be construed to
9prohibit the Board from making, preparing or issuing
10additional surveys or studies with respect to minority
11education in Illinois.
12(Source: P.A. 102-465, eff. 1-1-22.)
 
13    Section 45. The Dental Student Grant Act is amended by
14changing Section 3.06 as follows:
 
15    (110 ILCS 925/3.06)  (from Ch. 144, par. 1503.06)
16    Sec. 3.06. "Eligible dental student" means a person who
17meets all of the following qualifications:
18    (a) That the individual is a resident of this State and a
19citizen or lawful permanent resident alien of the United
20States;
21    (b) That the individual has been accepted in a dental
22school located in Illinois;
23    (c) That the individual exhibits financial need as
24determined by the Department;

 

 

HB5004 Engrossed- 50 -LRB102 23330 RJF 32496 b

1    (d) That the individual has earned an educational diploma
2at an institution of education located in this State or has
3been a resident of the State for no less than 3 years prior to
4applying for the grant;
5    (e) That the individual is a member of a racial minority as
6defined in Section 3.07; and
7    (f) That the individual meets other qualifications which
8shall be established by the Department.
9(Source: P.A. 87-665.)
 
10    Section 50. The Diversifying Higher Education Faculty in
11Illinois Act is amended by changing Sections 2 and 7 as
12follows:
 
13    (110 ILCS 930/2)  (from Ch. 144, par. 2302)
14    Sec. 2. Definitions. As used in this Act, unless the
15context otherwise requires:
16    "Board" means the Board of Higher Education.
17    "DFI" means the Diversifying Higher Education Faculty in
18Illinois Program of financial assistance to minorities who are
19traditionally underrepresented as participants in
20postsecondary education. The program shall assist them in
21pursuing a graduate or professional degree and shall also
22assist program graduates to find employment at an Illinois
23institution of higher education, including a community
24college, in a faculty or staff position.

 

 

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1    "Program Board" means the entity created to administer the
2grant program authorized by this Act.
3    "Qualified institution of higher education" means a
4qualifying publicly or privately operated educational
5institution located within Illinois (i) that offers
6instruction leading toward or prerequisite to an academic or
7professional degree beyond the baccalaureate degree, excluding
8theological schools, and (ii) that is authorized to operate in
9the State of Illinois.
10    "Racial minority" means a person who is a citizen of the
11United States or a lawful permanent resident alien of the
12United States and who is any of the following:
13        (1) American Indian or Alaska Native (a person having
14    origins in any of the original peoples of North and South
15    America, including Central America, and who maintains
16    tribal affiliation or community attachment).
17        (2) Asian (a person having origins in any of the
18    original peoples of the Far East, Southeast Asia, or the
19    Indian subcontinent, including, but not limited to,
20    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
21    the Philippine Islands, Thailand, and Vietnam).
22        (3) Black or African American (a person having origins
23    in any of the black racial groups of Africa).
24        (4) Hispanic or Latino (a person of Cuban, Mexican,
25    Puerto Rican, South or Central American, or other Spanish
26    culture or origin, regardless of race).

 

 

HB5004 Engrossed- 52 -LRB102 23330 RJF 32496 b

1        (5) Native Hawaiian or Other Pacific Islander (a
2    person having origins in any of the original peoples of
3    Hawaii, Guam, Samoa, or other Pacific Islands).
4(Source: P.A. 102-465, eff. 1-1-22.)
 
5    (110 ILCS 930/7)  (from Ch. 144, par. 2307)
6    Sec. 7. Eligibility for DFI grants. An individual is
7eligible for an award under the provisions of this Act when the
8Program Board finds:
9        (a) That the individual is a resident of this State
10    and a citizen or lawful permanent resident alien of the
11    United States;
12        (b) That the individual is a member of a racial
13    minority as defined under the terms of this Act;
14        (c) That the individual has earned any educational
15    diploma at an institution of education located in this
16    State, or is a resident of the State for no less than three
17    years prior to applying for the grant, and the individual
18    must hold a baccalaureate degree from an institution of
19    higher learning;
20        (d) That the individual's financial resources are such
21    that, in the absence of a DFI grant, the individual will be
22    prevented from pursuing a graduate or professional degree
23    at a qualified institution of higher education of his or
24    her choice;
25        (e) That the individual has above average academic

 

 

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1    ability to pursue a graduate or professional degree; and
2        (f) That the individual meets other qualifications
3    which shall be established by the Program Board.
4    Grant funds shall be awarded only to those persons
5pursuing a graduate or professional degree program at a
6qualified institution of higher education.
7    The Board shall by rule promulgate, pursuant to the
8Illinois Administrative Procedure Act, precise standards to be
9used by the Program Board to determine whether a program
10applicant has above average academic ability to pursue a
11graduate or professional degree.
12(Source: P.A. 93-862, eff. 8-4-04.)
 
13    Section 55. The Higher Education Student Assistance Act is
14amended by changing Sections 65.50 and 65.110 as follows:
 
15    (110 ILCS 947/65.50)
16    Sec. 65.50. Teacher training full-time undergraduate
17scholarships.
18    (a) Five hundred new scholarships shall be provided each
19year for qualified high school students or high school
20graduates who desire to pursue full-time undergraduate studies
21in teacher education at public or private universities or
22colleges and community colleges in this State. The Commission,
23in accordance with rules and regulations promulgated for this
24program, shall provide funding and shall designate each year's

 

 

HB5004 Engrossed- 54 -LRB102 23330 RJF 32496 b

1new recipients from among those applicants who qualify for
2consideration by showing:
3        (1) that he or she is a resident of this State and a
4    citizen or a lawful permanent resident alien of the United
5    States;
6        (2) that he or she has successfully completed the
7    program of instruction at an approved high school or is a
8    student in good standing at such a school and is engaged in
9    a program that will be completed by the end of the academic
10    year, and in either event that his or her cumulative grade
11    average was or is in the upper 1/4 of the high school
12    class;
13        (3) that he or she has superior capacity to profit by a
14    higher education; and
15        (4) that he or she agrees to teach in Illinois schools
16    in accordance with subsection (b).
17    No rule or regulation promulgated by the State Board of
18Education prior to the effective date of this amendatory Act
19of 1993 pursuant to the exercise of any right, power, duty,
20responsibility or matter of pending business transferred from
21the State Board of Education to the Commission under this
22Section shall be affected thereby, and all such rules and
23regulations shall become the rules and regulations of the
24Commission until modified or changed by the Commission in
25accordance with law.
26    If in any year the number of qualified applicants exceeds

 

 

HB5004 Engrossed- 55 -LRB102 23330 RJF 32496 b

1the number of scholarships to be awarded, the Commission shall
2give priority in awarding scholarships to students in
3financial need. The Commission shall consider factors such as
4the applicant's family income, the size of the applicant's
5family and the number of other children in the applicant's
6family attending college in determining the financial need of
7the individual.
8    Unless otherwise indicated, these scholarships shall be
9good for a period of up to 4 years while the recipient is
10enrolled for residence credit at a public or private
11university or college or at a community college. The
12scholarship shall cover tuition, fees and a stipend of $1,500
13per year. For purposes of calculating scholarship awards for
14recipients attending private universities or colleges, tuition
15and fees for students at private colleges and universities
16shall not exceed the average tuition and fees for students at
174-year public colleges and universities for the academic year
18in which the scholarship is made.
19    (b) Upon graduation from or termination of enrollment in a
20teacher education program, any person who accepted a
21scholarship under the undergraduate scholarship program
22continued by this Section, including persons whose graduation
23or termination of enrollment occurred prior to the effective
24date of this amendatory Act of 1993, shall teach in any school
25in this State for at least 4 of the 7 years immediately
26following his or her graduation or termination. If the

 

 

HB5004 Engrossed- 56 -LRB102 23330 RJF 32496 b

1recipient spends up to 4 years in military service before or
2after he or she graduates, the period of military service
3shall be excluded from the computation of that 7 year period. A
4recipient who is enrolled full-time in an academic program
5leading to a graduate degree in education shall have the
6period of graduate study excluded from the computation of that
77 year period.
8    Any person who fails to fulfill the teaching requirement
9shall pay to the Commission an amount equal to one-fourth of
10the scholarship received for each unfulfilled year of the
114-year teaching requirement, together with interest at 8% per
12year on that amount. However, this obligation to repay does
13not apply when the failure to fulfill the teaching requirement
14results from involuntarily leaving the profession due to a
15decrease in the number of teachers employed by the school
16board or a discontinuation of a type of teaching service under
17Section 24-12 of the School Code or from the death or
18adjudication as incompetent of the person holding the
19scholarship. No claim for repayment may be filed against the
20estate of such a decedent or incompetent.
21    Each person applying for such a scholarship shall be
22provided with a copy of this subsection at the time he or she
23applies for the benefits of such scholarship.
24    (c) This Section is substantially the same as Sections
2530-14.5 and 30-14.6 of the School Code, which are repealed by
26this amendatory Act of 1993, and shall be construed as a

 

 

HB5004 Engrossed- 57 -LRB102 23330 RJF 32496 b

1continuation of the teacher training undergraduate scholarship
2program established by that prior law, and not as a new or
3different teacher training undergraduate scholarship program.
4The State Board of Education shall transfer to the Commission,
5as the successor to the State Board of Education for all
6purposes of administering and implementing the provisions of
7this Section, all books, accounts, records, papers, documents,
8contracts, agreements, and pending business in any way
9relating to the teacher training undergraduate scholarship
10program continued under this Section, and all scholarships at
11any time awarded under that program by, and all applications
12for any such scholarship at any time made to, the State Board
13of Education shall be unaffected by the transfer to the
14Commission of all responsibility for the administration and
15implementation of the teacher training undergraduate
16scholarship program continued under this Section. The State
17Board of Education shall furnish to the Commission such other
18information as the Commission may request to assist it in
19administering this Section.
20(Source: P.A. 88-228.)
 
21    (110 ILCS 947/65.110)
22    Sec. 65.110. Post-Master of Social Work School Social Work
23Professional Educator License scholarship.
24    (a) Subject to appropriation, beginning with awards for
25the 2022-2023 academic year, the Commission shall award

 

 

HB5004 Engrossed- 58 -LRB102 23330 RJF 32496 b

1annually up to 250 Post-Master of Social Work School Social
2Work Professional Educator License scholarships to a person
3who:
4        (1) holds a valid Illinois-licensed clinical social
5    work license or social work license;
6        (2) has obtained a master's degree in social work from
7    an approved program;
8        (3) is a United States citizen or eligible noncitizen;
9    and
10        (4) submits an application to the Commission for such
11    scholarship and agrees to take courses to obtain an
12    Illinois Professional Educator License with an endorsement
13    in School Social Work.
14    (b) If an appropriation for this Section for a given
15fiscal year is insufficient to provide scholarships to all
16qualified applicants, the Commission shall allocate the
17appropriation in accordance with this subsection (b). If funds
18are insufficient to provide all qualified applicants with a
19scholarship as authorized by this Section, the Commission
20shall allocate the available scholarship funds for that fiscal
21year to qualified applicants who submit a complete application
22on or before a date specified by the Commission, based on the
23following order of priority:
24        (1) firstly, to students who received a scholarship
25    under this Section in the prior academic year and who
26    remain eligible for a scholarship under this Section;

 

 

HB5004 Engrossed- 59 -LRB102 23330 RJF 32496 b

1        (2) secondly, to new, qualified applicants who are
2    members of a racial minority, as defined in subsection
3    (c); and
4        (3) finally, to other new, qualified applicants in
5    accordance with this Section.
6    (c) Scholarships awarded under this Section shall be
7issued pursuant to rules adopted by the Commission. In
8awarding scholarships, the Commission shall give priority to
9those applicants who are members of a racial minority. Racial
10minorities are underrepresented as school social workers in
11elementary and secondary schools in this State, and the
12General Assembly finds that it is in the interest of this State
13to provide them with priority consideration for programs that
14encourage their participation in this field and thereby foster
15a profession that is more reflective of the diversity of
16Illinois students and the parents they will serve. A more
17reflective workforce in school social work allows improved
18outcomes for students and a better utilization of services.
19Therefore, the Commission shall give priority to those
20applicants who are members of a racial minority. In this
21subsection (c), "racial minority" means a person who is a
22citizen of the United States or a lawful permanent resident
23alien of the United States and who is:
24        (1) Black (a person having origins in any of the black
25    racial groups in Africa);
26        (2) Hispanic (a person of Spanish or Portuguese

 

 

HB5004 Engrossed- 60 -LRB102 23330 RJF 32496 b

1    culture with origins in Mexico, South or Central America,
2    or the Caribbean Islands, regardless of race);
3        (3) Asian American (a person having origins in any of
4    the original peoples of the Far East, Southeast Asia, the
5    Indian Subcontinent, or the Pacific Islands); or
6        (4) American Indian or Alaskan Native (a person having
7    origins in any of the original peoples of North America).
8    (d) Each scholarship shall be applied to the payment of
9tuition and mandatory fees at the University of Illinois,
10Southern Illinois University, Chicago State University,
11Eastern Illinois University, Governors State University,
12Illinois State University, Northeastern Illinois University,
13Northern Illinois University, and Western Illinois University.
14Each scholarship may be applied to pay tuition and mandatory
15fees required to obtain an Illinois Professional Educator
16License with an endorsement in School Social Work.
17    (e) The Commission shall make tuition and fee payments
18directly to the qualified institution of higher learning that
19the applicant attends.
20    (f) Any person who has accepted a scholarship under this
21Section must, within one year after graduation or termination
22of enrollment in a Post-Master of Social Work Professional
23Education License with an endorsement in School Social Work
24program, begin working as a school social worker at a public or
25nonpublic not-for-profit preschool, elementary school, or
26secondary school located in this State for at least 2 of the 5

 

 

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1years immediately following that graduation or termination,
2excluding, however, from the computation of that 5-year
3period: (i) any time up to 3 years spent in the military
4service, whether such service occurs before or after the
5person graduates; (ii) the time that person is a person with a
6temporary total disability for a period of time not to exceed 3
7years, as established by the sworn affidavit of a qualified
8physician; and (iii) the time that person is seeking and
9unable to find full-time employment as a school social worker
10at a State public or nonpublic not-for-profit preschool,
11elementary school, or secondary school.
12    (g) If a recipient of a scholarship under this Section
13fails to fulfill the work obligation set forth in subsection
14(f), the Commission shall require the recipient to repay the
15amount of the scholarships received, prorated according to the
16fraction of the obligation not completed, at a rate of
17interest equal to 5%, and, if applicable, reasonable
18collection fees. The Commission is authorized to establish
19rules relating to its collection activities for repayment of
20scholarships under this Section. All repayments collected
21under this Section shall be forwarded to the State Comptroller
22for deposit into this State's General Revenue Fund.
23    A recipient of a scholarship under this Section is not
24considered to be in violation of the failure to fulfill the
25work obligation under subsection (f) if the recipient (i)
26enrolls on a full-time basis as a graduate student in a course

 

 

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1of study related to the field of social work at a qualified
2Illinois institution of higher learning; (ii) is serving, not
3in excess of 3 years, as a member of the armed services of the
4United States; (iii) is a person with a temporary total
5disability for a period of time not to exceed 3 years, as
6established by the sworn affidavit of a qualified physician;
7(iv) is seeking and unable to find full-time employment as a
8school social worker at an Illinois public or nonpublic
9not-for-profit preschool, elementary school, or secondary
10school that satisfies the criteria set forth in subsection (f)
11and is able to provide evidence of that fact; or (v) becomes a
12person with a permanent total disability, as established by
13the sworn affidavit of a qualified physician.
14(Source: P.A. 102-621, eff. 1-1-22.)
 
15    Section 60. The Mental Health Graduate Education
16Scholarship Act is amended by changing Section 20 as follows:
 
17    (110 ILCS 952/20)
18    Sec. 20. Scholarships.
19    (a) Beginning with the fall term of the 2009-2010 academic
20year, the Department, in accordance with rules adopted by it
21for this program, shall provide scholarships to individuals
22selected from among those applicants who qualify for
23consideration by showing all of the following:
24        (1) That the individual has been a resident of this

 

 

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1    State for at least one year prior to application and is a
2    citizen or a lawful permanent resident alien of the United
3    States.
4        (2) That the individual enrolled in or accepted into a
5    mental health graduate program at an approved institution.
6        (3) That the individual agrees to meet the mental
7    health employment obligation.
8    (b) If in any year the number of qualified applicants
9exceeds the number of scholarships to be awarded, the
10Department shall, in consultation with the Advisory Council,
11consider the following factors in granting priority in
12awarding scholarships:
13        (1) Financial need, as shown on a standardized
14    financial needs assessment form used by an approved
15    institution.
16        (2) A student's merit, as shown through his or her
17    grade point average, class rank, and other academic and
18    extracurricular activities.
19The Department may add to and further define these merit
20criteria by rule.
21    (c) Unless otherwise indicated, scholarships shall be
22awarded to recipients at approved institutions for a period of
23up to 2 years if the recipient is enrolled in a master's degree
24program and up to 4 years if the recipient is enrolled in a
25doctoral degree program.
26(Source: P.A. 96-672, eff. 8-25-09.)
 

 

 

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1    Section 65. The Nursing Education Scholarship Law is
2amended by changing Sections 5 and 6.5 as follows:
 
3    (110 ILCS 975/5)  (from Ch. 144, par. 2755)
4    Sec. 5. Nursing education scholarships. Beginning with the
5fall term of the 2004-2005 academic year, the Department, in
6accordance with rules and regulations promulgated by it for
7this program, shall provide scholarships to individuals
8selected from among those applicants who qualify for
9consideration by showing:
10        (1) that he or she has been a resident of this State
11    for at least one year prior to application, and is a
12    citizen or a lawful permanent resident alien of the United
13    States;
14        (2) that he or she is enrolled in or accepted for
15    admission to an associate degree in nursing program,
16    hospital-based diploma in nursing program, baccalaureate
17    degree in nursing program, graduate degree in nursing
18    program, or practical nursing program at an approved
19    institution; and
20        (3) that he or she agrees to meet the nursing
21    employment obligation.
22    If in any year the number of qualified applicants exceeds
23the number of scholarships to be awarded, the Department
24shall, in consultation with the Illinois Nursing Workforce

 

 

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1Center Advisory Board, consider the following factors in
2granting priority in awarding scholarships:
3            (A) Financial need, as shown on a standardized
4        financial needs assessment form used by an approved
5        institution, of students who will pursue their
6        education on a full-time or close to full-time basis
7        and who already have a certificate in practical
8        nursing, a diploma in nursing, or an associate degree
9        in nursing and are pursuing a higher degree.
10            (B) A student's status as a registered nurse who
11        is pursuing a graduate degree in nursing to pursue
12        employment in an approved institution that educates
13        licensed practical nurses and that educates registered
14        nurses in undergraduate and graduate nursing programs.
15            (C) A student's merit, as shown through his or her
16        grade point average, class rank, and other academic
17        and extracurricular activities. The Department may add
18        to and further define these merit criteria by rule.
19    Unless otherwise indicated, scholarships shall be awarded
20to recipients at approved institutions for a period of up to 2
21years if the recipient is enrolled in an associate degree in
22nursing program, up to 3 years if the recipient is enrolled in
23a hospital-based diploma in nursing program, up to 4 years if
24the recipient is enrolled in a baccalaureate degree in nursing
25program, up to 5 years if the recipient is enrolled in a
26graduate degree in nursing program, and up to one year if the

 

 

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1recipient is enrolled in a certificate in practical nursing
2program. At least 40% of the scholarships awarded shall be for
3recipients who are pursuing baccalaureate degrees in nursing,
430% of the scholarships awarded shall be for recipients who
5are pursuing associate degrees in nursing or a diploma in
6nursing, 10% of the scholarships awarded shall be for
7recipients who are pursuing a certificate in practical
8nursing, and 20% of the scholarships awarded shall be for
9recipients who are pursuing a graduate degree in nursing.
10    Beginning with the fall term of the 2021-2022 academic
11year and continuing through the 2024-2025 academic year,
12subject to appropriation from the Hospital Licensure Fund, in
13addition to any other funds available to the Department for
14such scholarships, the Department may award a total of
15$500,000 annually in scholarships under this Section.
16(Source: P.A. 102-641, eff. 8-27-21.)
 
17    (110 ILCS 975/6.5)
18    Sec. 6.5. Nurse educator scholarships.
19    (a) Beginning with the fall term of the 2009-2010 academic
20year, the Department shall provide scholarships to individuals
21selected from among those applicants who qualify for
22consideration by showing the following:
23        (1) that he or she has been a resident of this State
24    for at least one year prior to application and is a citizen
25    or a lawful permanent resident alien of the United States;

 

 

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

 

 

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1    extracurricular activities.
2    (c) Unless otherwise indicated, scholarships under this
3Section shall be awarded to recipients at approved
4institutions for a period of up to 3 years.
5    (d) Within 12 months after graduation from a graduate
6degree in nursing program for nurse educators, any recipient
7who accepted a scholarship under this Section shall begin
8meeting the required nurse educator employment obligation. In
9order to defer his or her continuous employment obligation, a
10recipient must request the deferment in writing from the
11Department. A recipient shall receive a deferment if he or she
12notifies the Department, within 30 days after enlisting, that
13he or she is spending up to 4 years in military service. A
14recipient shall receive a deferment if he or she notifies the
15Department, within 30 days after enrolling, that he or she is
16enrolled in an academic program leading to a graduate degree
17in nursing. The recipient must begin meeting the required
18nurse educator employment obligation no later than 6 months
19after the end of the deferment or deferments.
20    Any person who fails to fulfill the nurse educator
21employment obligation shall pay to the Department an amount
22equal to the amount of scholarship funds received per year for
23each unfulfilled year of the nurse educator employment
24obligation, together with interest at 7% per year on the
25unpaid balance. Payment must begin within 6 months following
26the date of the occurrence initiating the repayment. All

 

 

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1repayments must be completed within 6 years from the date of
2the occurrence initiating the repayment. However, this
3repayment obligation may be deferred and re-evaluated every 6
4months when the failure to fulfill the nurse educator
5employment obligation results from involuntarily leaving the
6profession due to a decrease in the number of nurses employed
7in this State or when the failure to fulfill the nurse educator
8employment obligation results from total and permanent
9disability. The repayment obligation shall be excused if the
10failure to fulfill the nurse educator employment obligation
11results from the death or adjudication as incompetent of the
12person holding the scholarship. No claim for repayment may be
13filed against the estate of such a decedent or incompetent.
14    The Department may allow a nurse educator employment
15obligation fulfillment alternative if the nurse educator
16scholarship recipient is unsuccessful in finding work as a
17nurse educator. The Department shall maintain a database of
18all available nurse educator positions in this State.
19    (e) Each person applying for a scholarship under this
20Section must be provided with a copy of this Section at the
21time of application for the benefits of this scholarship.
22    (f) Rulemaking authority to implement this amendatory Act
23of the 96th General Assembly, if any, is conditioned on the
24rules being adopted in accordance with all provisions of the
25Illinois Administrative Procedure Act and all rules and
26procedures of the Joint Committee on Administrative Rules; any

 

 

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1purported rule not so adopted, for whatever reason, is
2unauthorized.
3(Source: P.A. 100-513, eff. 1-1-18.)
 
4    Section 70. The Comprehensive Health Insurance Plan Act is
5amended by changing Section 7 as follows:
 
6    (215 ILCS 105/7)  (from Ch. 73, par. 1307)
7    Sec. 7. Eligibility.
8    a. Except as provided in subsection (e) of this Section or
9in Section 15 of this Act, any person who is either a citizen
10of the United States or an individual an alien lawfully
11admitted for permanent residence and who has been for a period
12of at least 180 days and continues to be a resident of this
13State shall be eligible for Plan coverage under this Section
14if evidence is provided of:
15        (1) A notice of rejection or refusal to issue
16    substantially similar individual health insurance coverage
17    for health reasons by a health insurance issuer;
18        (2) A refusal by a health insurance issuer to issue
19    individual health insurance coverage except at a rate
20    exceeding the applicable Plan rate for which the person is
21    responsible; or
22        (3) The absence of available health insurance coverage
23    for a person under 19 years of age.
24    A rejection or refusal by a group health plan or health

 

 

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1insurance issuer offering only stop-loss or excess of loss
2insurance or contracts, agreements, or other arrangements for
3reinsurance coverage with respect to the applicant shall not
4be sufficient evidence under this subsection.
5    b. The Board shall promulgate a list of medical or health
6conditions for which a person who is either a citizen of the
7United States or an individual an alien lawfully admitted for
8permanent residence and a resident of this State would be
9eligible for Plan coverage without applying for health
10insurance coverage pursuant to subsection a. of this Section.
11Persons who can demonstrate the existence or history of any
12medical or health conditions on the list promulgated by the
13Board shall not be required to provide the evidence specified
14in subsection a. of this Section. The list shall be effective
15on the first day of the operation of the Plan and may be
16amended from time to time as appropriate.
17    c. Family members of the same household who each are
18covered persons are eligible for optional family coverage
19under the Plan.
20    d. For persons qualifying for coverage in accordance with
21Section 7 of this Act, the Board shall, if it determines that
22such appropriations as are made pursuant to Section 12 of this
23Act are insufficient to allow the Board to accept all of the
24eligible persons which it projects will apply for enrollment
25under the Plan, limit or close enrollment to ensure that the
26Plan is not over-subscribed and that it has sufficient

 

 

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1resources to meet its obligations to existing enrollees. The
2Board shall not limit or close enrollment for federally
3eligible individuals.
4    e. A person shall not be eligible for coverage under the
5Plan if:
6        (1) He or she has or obtains other coverage under a
7    group health plan or health insurance coverage
8    substantially similar to or better than a Plan policy as
9    an insured or covered dependent or would be eligible to
10    have that coverage if he or she elected to obtain it.
11    Persons otherwise eligible for Plan coverage may, however,
12    solely for the purpose of having coverage for a
13    pre-existing condition, maintain other coverage only while
14    satisfying any pre-existing condition waiting period under
15    a Plan policy or a subsequent replacement policy of a Plan
16    policy.
17        (1.1) His or her prior coverage under a group health
18    plan or health insurance coverage, provided or arranged by
19    an employer of more than 10 employees was discontinued for
20    any reason without the entire group or plan being
21    discontinued and not replaced, provided he or she remains
22    an employee, or dependent thereof, of the same employer.
23        (2) He or she is a recipient of or is approved to
24    receive medical assistance, except that a person may
25    continue to receive medical assistance through the medical
26    assistance no grant program, but only while satisfying the

 

 

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1    requirements for a preexisting condition under Section 8,
2    subsection f. of this Act. Payment of premiums pursuant to
3    this Act shall be allocable to the person's spenddown for
4    purposes of the medical assistance no grant program, but
5    that person shall not be eligible for any Plan benefits
6    while that person remains eligible for medical assistance.
7    If the person continues to receive or be approved to
8    receive medical assistance through the medical assistance
9    no grant program at or after the time that requirements
10    for a preexisting condition are satisfied, the person
11    shall not be eligible for coverage under the Plan. In that
12    circumstance, coverage under the Plan shall terminate as
13    of the expiration of the preexisting condition limitation
14    period. Under all other circumstances, coverage under the
15    Plan shall automatically terminate as of the effective
16    date of any medical assistance.
17        (3) Except as provided in Section 15, the person has
18    previously participated in the Plan and voluntarily
19    terminated Plan coverage, unless 12 months have elapsed
20    since the person's latest voluntary termination of
21    coverage.
22        (4) The person fails to pay the required premium under
23    the covered person's terms of enrollment and
24    participation, in which event the liability of the Plan
25    shall be limited to benefits incurred under the Plan for
26    the time period for which premiums had been paid and the

 

 

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1    covered person remained eligible for Plan coverage.
2        (5) The Plan has paid a total of $5,000,000 in
3    benefits on behalf of the covered person.
4        (6) The person is a resident of a public institution.
5        (7) The person's premium is paid for or reimbursed
6    under any government sponsored program or by any
7    government agency or health care provider, except as an
8    otherwise qualifying full-time employee, or dependent of
9    such employee, of a government agency or health care
10    provider or, except when a person's premium is paid by the
11    U.S. Treasury Department pursuant to the federal Trade Act
12    of 2002.
13        (8) The person has or later receives other benefits or
14    funds from any settlement, judgement, or award resulting
15    from any accident or injury, regardless of the date of the
16    accident or injury, or any other circumstances creating a
17    legal liability for damages due that person by a third
18    party, whether the settlement, judgment, or award is in
19    the form of a contract, agreement, or trust on behalf of a
20    minor or otherwise and whether the settlement, judgment,
21    or award is payable to the person, his or her dependent,
22    estate, personal representative, or guardian in a lump sum
23    or over time, so long as there continues to be benefits or
24    assets remaining from those sources in an amount in excess
25    of $300,000.
26        (9) Within the 5 years prior to the date a person's

 

 

HB5004 Engrossed- 75 -LRB102 23330 RJF 32496 b

1    Plan application is received by the Board, the person's
2    coverage under any health care benefit program as defined
3    in 18 U.S.C. 24, including any public or private plan or
4    contract under which any medical benefit, item, or service
5    is provided, was terminated as a result of any act or
6    practice that constitutes fraud under State or federal law
7    or as a result of an intentional misrepresentation of
8    material fact; or if that person knowingly and willfully
9    obtained or attempted to obtain, or fraudulently aided or
10    attempted to aid any other person in obtaining, any
11    coverage or benefits under the Plan to which that person
12    was not entitled.
13    f. The Board or the administrator shall require
14verification of residency and may require any additional
15information or documentation, or statements under oath, when
16necessary to determine residency upon initial application and
17for the entire term of the policy.
18    g. Coverage shall cease (i) on the date a person is no
19longer a resident of Illinois, (ii) on the date a person
20requests coverage to end, (iii) upon the death of the covered
21person, (iv) on the date State law requires cancellation of
22the policy, or (v) at the Plan's option, 30 days after the Plan
23makes any inquiry concerning a person's eligibility or place
24of residence to which the person does not reply.
25    h. Except under the conditions set forth in subsection g
26of this Section, the coverage of any person who ceases to meet

 

 

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1the eligibility requirements of this Section shall be
2terminated at the end of the current policy period for which
3the necessary premiums have been paid.
4(Source: P.A. 96-938, eff. 6-24-10; 97-661, eff. 1-13-12.)
 
5    Section 75. The Hearing Instrument Consumer Protection Act
6is amended by changing Section 8 as follows:
 
7    (225 ILCS 50/8)  (from Ch. 111, par. 7408)
8    (Section scheduled to be repealed on January 1, 2026)
9    Sec. 8. Applicant qualifications; examination.
10    (a) In order to protect persons who are deaf or hard of
11hearing, the Department shall authorize or shall conduct an
12appropriate examination, which may be the International
13Hearing Society's licensure examination, for persons who
14dispense, test, select, recommend, fit, or service hearing
15instruments. The frequency of holding these examinations shall
16be determined by the Department by rule. Those who
17successfully pass such an examination shall be issued a
18license as a hearing instrument dispenser, which shall be
19effective for a 2-year period.
20    (b) Applicants shall be:
21        (1) at least 18 years of age;
22        (2) of good moral character;
23        (3) the holder of an associate's degree or the
24    equivalent;

 

 

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1        (4) free of contagious or infectious disease; and
2        (5) a citizen or person lawfully present in the United
3    States person who has the status as a legal alien.
4    Felony convictions of the applicant and findings against
5the applicant involving matters set forth in Sections 17 and
618 shall be considered in determining moral character, but
7such a conviction or finding shall not make an applicant
8ineligible to register for examination.
9    (c) Prior to engaging in the practice of fitting,
10dispensing, or servicing hearing instruments, an applicant
11shall demonstrate, by means of written and practical
12examinations, that such person is qualified to practice the
13testing, selecting, recommending, fitting, selling, or
14servicing of hearing instruments as defined in this Act. An
15applicant must obtain a license within 12 months after passing
16either the written or practical examination, whichever is
17passed first, or must take and pass those examinations again
18in order to be eligible to receive a license.
19    The Department shall, by rule, determine the conditions
20under which an individual is examined.
21    (d) Proof of having met the minimum requirements of
22continuing education as determined by the Board shall be
23required of all license renewals. Pursuant to rule, the
24continuing education requirements may, upon petition to the
25Board, be waived in whole or in part if the hearing instrument
26dispenser can demonstrate that he or she served in the Coast

 

 

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1Guard or Armed Forces, had an extreme hardship, or obtained
2his or her license by examination or endorsement within the
3preceding renewal period.
4    (e) Persons applying for an initial license must
5demonstrate having earned, at a minimum, an associate degree
6or its equivalent from an accredited institution of higher
7education that is recognized by the U.S. Department of
8Education or that meets the U.S. Department of Education
9equivalency as determined through a National Association of
10Credential Evaluation Services (NACES) member, and meet the
11other requirements of this Section. In addition, the applicant
12must demonstrate the successful completion of (1) 12 semester
13hours or 18 quarter hours of academic undergraduate course
14work in an accredited institution consisting of 3 semester
15hours of anatomy and physiology of the hearing mechanism, 3
16semester hours of hearing science, 3 semester hours of
17introduction to audiology, and 3 semester hours of aural
18rehabilitation, or the quarter hour equivalent or (2) an
19equivalent program as determined by the Department that is
20consistent with the scope of practice of a hearing instrument
21dispenser as defined in Section 3 of this Act. Persons
22licensed before January 1, 2003 who have a valid license on
23that date may have their license renewed without meeting the
24requirements of this subsection.
25(Source: P.A. 98-827, eff. 1-1-15; 99-204, eff. 7-30-15;
2699-847, eff. 8-19-16.)
 

 

 

HB5004 Engrossed- 79 -LRB102 23330 RJF 32496 b

1    Section 80. The Illinois Public Aid Code is amended by
2changing Section 5-3 as follows:
 
3    (305 ILCS 5/5-3)  (from Ch. 23, par. 5-3)
4    Sec. 5-3. Residence.) Any person who has established his
5residence in this State and lives therein, including any
6person who is a migrant worker, may qualify for medical
7assistance. A person who, while temporarily in this State,
8suffers injury or illness endangering his life and health and
9necessitating emergency care, may also qualify.
10    Temporary absence from the State shall not disqualify a
11person from maintaining his eligibility under this Article.
12    As used in this Section, "migrant worker" means any person
13residing temporarily and employed in Illinois who moves
14seasonally from one place to another for the purpose of
15employment in agricultural activities, including the planting,
16raising or harvesting of any agricultural or horticultural
17commodities and the handling, packing or processing of such
18commodities on the farm where produced or at the point of first
19processing, in animal husbandry, or in other activities
20connected with the care of animals. Dependents of such person
21shall be considered eligible if they are living with the
22person during his or her temporary residence and employment in
23Illinois.
24    In order to be eligible for medical assistance under this

 

 

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1section, each migrant worker shall show proof of citizenship
2or legal immigration alien status.
3(Source: P.A. 81-746.)
 
4    Section 85. The Service Member Employment and Reemployment
5Rights Act is amended by changing Section 1-10 as follows:
 
6    (330 ILCS 61/1-10)
7    Sec. 1-10. Definitions. As used in this Act:
8    "Accrue" means to accumulate in regular or increasing
9amounts over time subject to customary allocation of cost.
10    "Active duty" means any full-time military service
11regardless of length or voluntariness including, but not
12limited to, annual training, full-time National Guard duty,
13and State active duty. "Active duty" does not include any form
14of inactive duty service such as drill duty or muster duty.
15"Active duty", unless provided otherwise, includes active duty
16without pay.
17    "Active service" means all forms of active and inactive
18duty regardless of voluntariness including, but not limited
19to, annual training, active duty for training, initial active
20duty training, overseas training duty, full-time National
21Guard duty, active duty other than training, State active
22duty, mobilizations, and muster duty. "Active service", unless
23provided otherwise, includes active service without pay.
24"Active service" includes:

 

 

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1        (1) Reserve component voluntary active service means
2    service under one of the following authorities:
3            (A) any duty under 32 U.S.C. 502(f)(1)(B);
4            (B) active guard reserve duty, operational
5        support, or additional duty under 10 U.S.C. 12301(d)
6        or 32 U.S.C. 502(f)(1)(B);
7            (C) funeral honors under 10 U.S.C. 12503 or 32
8        U.S.C. 115;
9            (D) duty at the National Guard Bureau under 10
10        U.S.C. 12402;
11            (E) unsatisfactory participation under 10 U.S.C.
12        10148 or 10 U.S.C. 12303;
13            (F) discipline under 10 U.S.C. 802(d);
14            (G) extended active duty under 10 U.S.C. 12311;
15        and
16            (H) reserve program administrator under 10 U.S.C.
17        10211.
18        (2) Reserve component involuntary active service
19    includes, but is not limited to, service under one of the
20    following authorities:
21            (A) annual training or drill requirements under 10
22        U.S.C. 10147, 10 U.S.C. 12301(b) or 32 U.S.C. 502(a).
23            (B) additional training duty or other duty under
24        32 U.S.C. 502(f)(1)(A);
25            (C) pre-planned or pre-programmed combatant
26        commander support under 10 U.S.C. 12304b;

 

 

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1            (D) mobilization under 10 U.S.C. 12301(a) or 10
2        U.S.C. 12302;
3            (E) presidential reserve call-up under 10 U.S.C.
4        12304;
5            (F) emergencies and natural disasters under 10
6        U.S.C. 12304a or 14 U.S.C. 712;
7            (G) muster duty under 10 U.S.C. 12319;
8            (H) retiree recall under 10 U.S.C. 688;
9            (I) captive status under 10 U.S.C. 12301(g);
10            (J) insurrection under 10 U.S.C. 331, 10 U.S.C.
11        332, or 10 U.S.C. 12406;
12            (K) pending line of duty determination for
13        response to sexual assault under 10 U.S.C. 12323; and
14            (L) initial active duty for training under 10
15        U.S.C. 671.
16    Reserve component active service not listed in paragraph
17(1) or (2) shall be considered involuntary active service
18under paragraph (2).
19    "Active service without pay" means active service
20performed under any authority in which base pay is not
21received regardless of other allowances.
22    "Annual training" means any active duty performed under
23Section 10147 or 12301(b) of Title 10 of the United States Code
24or under Section 502(a) of Title 32 of the United States Code.
25    "Base pay" means the main component of military pay,
26whether active or inactive, based on rank and time in service.

 

 

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1It does not include the addition of conditional funds for
2specific purposes such as allowances, incentive and special
3pay. Base pay, also known as basic pay, can be determined by
4referencing the appropriate military pay chart covering the
5time period in question located on the federal Defense Finance
6and Accounting Services website or as reflected on a federal
7Military Leave and Earnings Statement.
8    "Benefits" includes, but is not limited to, the terms,
9conditions, or privileges of employment, including any
10advantage, profit, privilege, gain, status, account, or
11interest, including wages or salary for work performed, that
12accrues by reason of an employment contract or agreement or an
13employer policy, plan, or practice and includes rights and
14benefits under a pension plan, a health plan, an employee
15stock ownership plan, insurance coverage and awards, bonuses,
16severance pay, supplemental unemployment benefits, vacations,
17and the opportunity to select work hours or location of
18employment.
19    "Differential compensation" means pay due when the
20employee's daily rate of compensation for military service is
21less than his or her daily rate of compensation as a public
22employee.
23    "Employee" means anyone employed by an employer.
24"Employee" includes any person who is a citizen, national, or
25permanent resident alien of the United States employed in a
26workplace that the State has legal authority to regulate

 

 

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1business and employment. "Employee" does not include an
2independent contractor.
3    "Employer" means any person, institution, organization, or
4other entity that pays salary or wages for work performed or
5that has control over employment opportunities, including:
6        (1) a person, institution, organization, or other
7    entity to whom the employer has delegated the performance
8    of employment-related responsibilities;
9        (2) an employer of a public employee;
10        (3) any successor in interest to a person,
11    institution, organization, or other entity referred to
12    under this definition; and
13        (4) a person, institution, organization, or other
14    entity that has been denied initial employment in
15    violation of Section 5-15.
16    "Inactive duty" means inactive duty training, including
17drills, consisting of regularly scheduled unit training
18assemblies, additional training assemblies, periods of
19appropriate duty or equivalent training, and any special
20additional duties authorized for reserve component personnel
21by appropriate military authority. "Inactive duty" does not
22include active duty.
23    "Military leave" means a furlough or leave of absence
24while performing active service. It cannot be substituted for
25accrued vacation, annual, or similar leave with pay except at
26the sole discretion of the service member employee. It is not a

 

 

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1benefit of employment that is requested but a legal
2requirement upon receiving notice of pending military service.
3    "Military service" means:
4        (1) Service in the Armed Forces of the United States,
5    the National Guard of any state or territory regardless of
6    status, and the State Guard as defined in the State Guard
7    Act. "Military service", whether active or reserve,
8    includes service under the authority of U.S.C. Titles 10,
9    14, or 32, or State active duty.
10        (2) Service in a federally recognized auxiliary of the
11    United States Armed Forces when performing official duties
12    in support of military or civilian authorities as a result
13    of an emergency.
14        (3) A period for which an employee is absent from a
15    position of employment for the purpose of medical or
16    dental treatment for a condition, illness, or injury
17    sustained or aggravated during a period of active service
18    in which treatment is paid by the United States Department
19    of Defense Military Health System.
20    "Public employee" means any person classified as a
21full-time employee of the State of Illinois, a unit of local
22government, a public institution of higher education as
23defined in Section 1 of the Board of Higher Education Act, or a
24school district, other than an independent contractor.
25    "Reserve component" means the reserve components of
26Illinois and the United States Armed Forces regardless of

 

 

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1status.
2    "Service member" means any person who is a member of a
3military service.
4    "State active duty" means full-time State-funded military
5duty under the command and control of the Governor and subject
6to the Military Code of Illinois.
7    "Unit of local government" means any city, village, town,
8county, or special district.
9(Source: P.A. 100-1101, eff. 1-1-19.)
 
10    Section 90. The Firearm Owners Identification Card Act is
11amended by changing Sections 1.1, 4, and 8 as follows:
 
12    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
13    Sec. 1.1. For purposes of this Act:
14    "Addicted to narcotics" means a person who has been:
15        (1) convicted of an offense involving the use or
16    possession of cannabis, a controlled substance, or
17    methamphetamine within the past year; or
18        (2) determined by the Illinois State Police to be
19    addicted to narcotics based upon federal law or federal
20    guidelines.
21    "Addicted to narcotics" does not include possession or use
22of a prescribed controlled substance under the direction and
23authority of a physician or other person authorized to
24prescribe the controlled substance when the controlled

 

 

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1substance is used in the prescribed manner.
2    "Adjudicated as a person with a mental disability" means
3the person is the subject of a determination by a court, board,
4commission or other lawful authority that the person, as a
5result of marked subnormal intelligence, or mental illness,
6mental impairment, incompetency, condition, or disease:
7        (1) presents a clear and present danger to himself,
8    herself, or to others;
9        (2) lacks the mental capacity to manage his or her own
10    affairs or is adjudicated a person with a disability as
11    defined in Section 11a-2 of the Probate Act of 1975;
12        (3) is not guilty in a criminal case by reason of
13    insanity, mental disease or defect;
14        (3.5) is guilty but mentally ill, as provided in
15    Section 5-2-6 of the Unified Code of Corrections;
16        (4) is incompetent to stand trial in a criminal case;
17        (5) is not guilty by reason of lack of mental
18    responsibility under Articles 50a and 72b of the Uniform
19    Code of Military Justice, 10 U.S.C. 850a, 876b;
20        (6) is a sexually violent person under subsection (f)
21    of Section 5 of the Sexually Violent Persons Commitment
22    Act;
23        (7) is a sexually dangerous person under the Sexually
24    Dangerous Persons Act;
25        (8) is unfit to stand trial under the Juvenile Court
26    Act of 1987;

 

 

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1        (9) is not guilty by reason of insanity under the
2    Juvenile Court Act of 1987;
3        (10) is subject to involuntary admission as an
4    inpatient as defined in Section 1-119 of the Mental Health
5    and Developmental Disabilities Code;
6        (11) is subject to involuntary admission as an
7    outpatient as defined in Section 1-119.1 of the Mental
8    Health and Developmental Disabilities Code;
9        (12) is subject to judicial admission as set forth in
10    Section 4-500 of the Mental Health and Developmental
11    Disabilities Code; or
12        (13) is subject to the provisions of the Interstate
13    Agreements on Sexually Dangerous Persons Act.
14    "Clear and present danger" means a person who:
15        (1) communicates a serious threat of physical violence
16    against a reasonably identifiable victim or poses a clear
17    and imminent risk of serious physical injury to himself,
18    herself, or another person as determined by a physician,
19    clinical psychologist, or qualified examiner; or
20        (2) demonstrates threatening physical or verbal
21    behavior, such as violent, suicidal, or assaultive
22    threats, actions, or other behavior, as determined by a
23    physician, clinical psychologist, qualified examiner,
24    school administrator, or law enforcement official.
25    "Clinical psychologist" has the meaning provided in
26Section 1-103 of the Mental Health and Developmental

 

 

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1Disabilities Code.
2    "Controlled substance" means a controlled substance or
3controlled substance analog as defined in the Illinois
4Controlled Substances Act.
5    "Counterfeit" means to copy or imitate, without legal
6authority, with intent to deceive.
7    "Federally licensed firearm dealer" means a person who is
8licensed as a federal firearms dealer under Section 923 of the
9federal Gun Control Act of 1968 (18 U.S.C. 923).
10    "Firearm" means any device, by whatever name known, which
11is designed to expel a projectile or projectiles by the action
12of an explosion, expansion of gas or escape of gas; excluding,
13however:
14        (1) any pneumatic gun, spring gun, paint ball gun, or
15    B-B gun which expels a single globular projectile not
16    exceeding .18 inch in diameter or which has a maximum
17    muzzle velocity of less than 700 feet per second;
18        (1.1) any pneumatic gun, spring gun, paint ball gun,
19    or B-B gun which expels breakable paint balls containing
20    washable marking colors;
21        (2) any device used exclusively for signaling or
22    safety and required or recommended by the United States
23    Coast Guard or the Interstate Commerce Commission;
24        (3) any device used exclusively for the firing of stud
25    cartridges, explosive rivets or similar industrial
26    ammunition; and

 

 

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1        (4) an antique firearm (other than a machine-gun)
2    which, although designed as a weapon, the Illinois State
3    Police finds by reason of the date of its manufacture,
4    value, design, and other characteristics is primarily a
5    collector's item and is not likely to be used as a weapon.
6    "Firearm ammunition" means any self-contained cartridge or
7shotgun shell, by whatever name known, which is designed to be
8used or adaptable to use in a firearm; excluding, however:
9        (1) any ammunition exclusively designed for use with a
10    device used exclusively for signaling signalling or safety
11    and required or recommended by the United States Coast
12    Guard or the Interstate Commerce Commission; and
13        (2) any ammunition designed exclusively for use with a
14    stud or rivet driver or other similar industrial
15    ammunition.
16    "Gun show" means an event or function:
17        (1) at which the sale and transfer of firearms is the
18    regular and normal course of business and where 50 or more
19    firearms are displayed, offered, or exhibited for sale,
20    transfer, or exchange; or
21        (2) at which not less than 10 gun show vendors
22    display, offer, or exhibit for sale, sell, transfer, or
23    exchange firearms.
24    "Gun show" includes the entire premises provided for an
25event or function, including parking areas for the event or
26function, that is sponsored to facilitate the purchase, sale,

 

 

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1transfer, or exchange of firearms as described in this
2Section. Nothing in this definition shall be construed to
3exclude a gun show held in conjunction with competitive
4shooting events at the World Shooting Complex sanctioned by a
5national governing body in which the sale or transfer of
6firearms is authorized under subparagraph (5) of paragraph (g)
7of subsection (A) of Section 24-3 of the Criminal Code of 2012.
8    Unless otherwise expressly stated, "gun show" does not
9include training or safety classes, competitive shooting
10events, such as rifle, shotgun, or handgun matches, trap,
11skeet, or sporting clays shoots, dinners, banquets, raffles,
12or any other event where the sale or transfer of firearms is
13not the primary course of business.
14    "Gun show promoter" means a person who organizes or
15operates a gun show.
16    "Gun show vendor" means a person who exhibits, sells,
17offers for sale, transfers, or exchanges any firearms at a gun
18show, regardless of whether the person arranges with a gun
19show promoter for a fixed location from which to exhibit,
20sell, offer for sale, transfer, or exchange any firearm.
21    "Involuntarily admitted" has the meaning as prescribed in
22Sections 1-119 and 1-119.1 of the Mental Health and
23Developmental Disabilities Code.
24    "Mental health facility" means any licensed private
25hospital or hospital affiliate, institution, or facility, or
26part thereof, and any facility, or part thereof, operated by

 

 

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1the State or a political subdivision thereof which provides
2provide treatment of persons with mental illness and includes
3all hospitals, institutions, clinics, evaluation facilities,
4mental health centers, colleges, universities, long-term care
5facilities, and nursing homes, or parts thereof, which provide
6treatment of persons with mental illness whether or not the
7primary purpose is to provide treatment of persons with mental
8illness.
9    "National governing body" means a group of persons who
10adopt rules and formulate policy on behalf of a national
11firearm sporting organization.
12    "Noncitizen" means a person who is not a citizen of the
13United States, but is a person who is a foreign-born person who
14lives in the United States, has not been naturalized, and is
15still a citizen of a foreign country.
16    "Patient" means:
17        (1) a person who is admitted as an inpatient or
18    resident of a public or private mental health facility for
19    mental health treatment under Chapter III of the Mental
20    Health and Developmental Disabilities Code as an informal
21    admission, a voluntary admission, a minor admission, an
22    emergency admission, or an involuntary admission, unless
23    the treatment was solely for an alcohol abuse disorder; or
24        (2) a person who voluntarily or involuntarily receives
25    mental health treatment as an out-patient or is otherwise
26    provided services by a public or private mental health

 

 

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1    facility, and who poses a clear and present danger to
2    himself, herself, or to others.
3    "Person with a developmental disability" means a person
4with a disability which is attributable to any other condition
5which results in impairment similar to that caused by an
6intellectual disability and which requires services similar to
7those required by persons with intellectual disabilities. The
8disability must originate before the age of 18 years, be
9expected to continue indefinitely, and constitute a
10substantial disability. This disability results, in the
11professional opinion of a physician, clinical psychologist, or
12qualified examiner, in significant functional limitations in 3
13or more of the following areas of major life activity:
14        (i) self-care;
15        (ii) receptive and expressive language;
16        (iii) learning;
17        (iv) mobility; or
18        (v) self-direction.
19    "Person with an intellectual disability" means a person
20with a significantly subaverage general intellectual
21functioning which exists concurrently with impairment in
22adaptive behavior and which originates before the age of 18
23years.
24    "Physician" has the meaning as defined in Section 1-120 of
25the Mental Health and Developmental Disabilities Code.
26    "Protective order" means any orders of protection issued

 

 

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1under the Illinois Domestic Violence Act of 1986, stalking no
2contact orders issued under the Stalking No Contact Order Act,
3civil no contact orders issued under the Civil No Contact
4Order Act, and firearms restraining orders issued under the
5Firearms Restraining Order Act.
6    "Qualified examiner" has the meaning provided in Section
71-122 of the Mental Health and Developmental Disabilities
8Code.
9    "Sanctioned competitive shooting event" means a shooting
10contest officially recognized by a national or state shooting
11sport association, and includes any sight-in or practice
12conducted in conjunction with the event.
13    "School administrator" means the person required to report
14under the School Administrator Reporting of Mental Health
15Clear and Present Danger Determinations Law.
16    "Stun gun or taser" has the meaning ascribed to it in
17Section 24-1 of the Criminal Code of 2012.
18(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
19revised 10-6-21.)
 
20    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
21    Sec. 4. Application for Firearm Owner's Identification
22Cards.
23    (a) Each applicant for a Firearm Owner's Identification
24Card must:
25        (1) Submit an application as made available by the

 

 

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

 

 

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1        Forces or has the written consent of his or her parent
2        or legal guardian to possess and acquire firearms and
3        firearm ammunition, provided, however, that such
4        parent or legal guardian is not an individual
5        prohibited from having a Firearm Owner's
6        Identification Card and files an affidavit with the
7        Illinois State Police Department as prescribed by the
8        Illinois State Police Department stating that he or
9        she is not an individual prohibited from having a Card
10        or the active duty member of the United States Armed
11        Forces under 21 years of age annually submits proof to
12        the Illinois State Police, in a manner prescribed by
13        the Illinois State Police Department;
14            (ii) He or she has not been convicted of a felony
15        under the laws of this or any other jurisdiction;
16            (iii) He or she is not addicted to narcotics;
17            (iv) He or she has not been a patient in a mental
18        health facility within the past 5 years or, if he or
19        she has been a patient in a mental health facility more
20        than 5 years ago submit the certification required
21        under subsection (u) of Section 8 of this Act;
22            (v) He or she is not a person with an intellectual
23        disability;
24            (vi) He or she is lawfully present in the United
25        States not an alien who is unlawfully present in the
26        United States under the laws of the United States;

 

 

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

 

 

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1        been admitted to the United States under a
2        non-immigrant visa (as that term is defined in Section
3        101(a)(26) of the Immigration and Nationality Act (8
4        U.S.C. 1101(a)(26))), or that he or she is a person an
5        alien who has been lawfully admitted to the United
6        States under a non-immigrant visa if that person alien
7        is:
8                (1) admitted to the United States for lawful
9            hunting or sporting purposes;
10                (2) an official representative of a foreign
11            government who is:
12                    (A) accredited to the United States
13                Government or the Government's mission to an
14                international organization having its
15                headquarters in the United States; or
16                    (B) en route to or from another country to
17                which that person alien is accredited;
18                (3) an official of a foreign government or
19            distinguished foreign visitor who has been so
20            designated by the Department of State;
21                (4) a foreign law enforcement officer of a
22            friendly foreign government entering the United
23            States on official business; or
24                (5) one who has received a waiver from the
25            Attorney General of the United States pursuant to
26            18 U.S.C. 922(y)(3);

 

 

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1            (xii) He or she is not a minor subject to a
2        petition filed under Section 5-520 of the Juvenile
3        Court Act of 1987 alleging that the minor is a
4        delinquent minor for the commission of an offense that
5        if committed by an adult would be a felony;
6            (xiii) He or she is not an adult who had been
7        adjudicated a delinquent minor under the Juvenile
8        Court Act of 1987 for the commission of an offense that
9        if committed by an adult would be a felony;
10            (xiv) He or she is a resident of the State of
11        Illinois;
12            (xv) He or she has not been adjudicated as a person
13        with a mental disability;
14            (xvi) He or she has not been involuntarily
15        admitted into a mental health facility; and
16            (xvii) He or she is not a person with a
17        developmental disability; and
18        (3) Upon request by the Illinois State Police, sign a
19    release on a form prescribed by the Illinois State Police
20    waiving any right to confidentiality and requesting the
21    disclosure to the Illinois State Police of limited mental
22    health institution admission information from another
23    state, the District of Columbia, any other territory of
24    the United States, or a foreign nation concerning the
25    applicant for the sole purpose of determining whether the
26    applicant is or was a patient in a mental health

 

 

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

 

 

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

 

 

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1and shall not exceed the actual cost of the State and national
2criminal history record check.
3    (a-26) The Illinois State Police shall research, explore,
4and report to the General Assembly by January 1, 2022 on the
5feasibility of permitting voluntarily submitted fingerprints
6obtained for purposes other than Firearm Owner's
7Identification Card enforcement that are contained in the
8Illinois State Police database for purposes of this Act.
9    (b) Each application form shall include the following
10statement printed in bold type: "Warning: Entering false
11information on an application for a Firearm Owner's
12Identification Card is punishable as a Class 2 felony in
13accordance with subsection (d-5) of Section 14 of the Firearm
14Owners Identification Card Act.".
15    (c) Upon such written consent, pursuant to Section 4,
16paragraph (a)(2)(i), the parent or legal guardian giving the
17consent shall be liable for any damages resulting from the
18applicant's use of firearms or firearm ammunition.
19(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
20102-538, eff. 8-20-21; revised 10-12-21.)
 
21    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
22    Sec. 8. Grounds for denial and revocation. The Illinois
23State Police has authority to deny an application for or to
24revoke and seize a Firearm Owner's Identification Card
25previously issued under this Act only if the Illinois State

 

 

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

 

 

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

 

 

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1    defined in Section 101(a)(26) of the Immigration and
2    Nationality Act (8 U.S.C. 1101(a)(26))), except that this
3    subsection (i-5) does not apply to any person alien who
4    has been lawfully admitted to the United States under a
5    non-immigrant visa if that person alien is:
6            (1) admitted to the United States for lawful
7        hunting or sporting purposes;
8            (2) an official representative of a foreign
9        government who is:
10                (A) accredited to the United States Government
11            or the Government's mission to an international
12            organization having its headquarters in the United
13            States; or
14                (B) en route to or from another country to
15            which that person alien is accredited;
16            (3) an official of a foreign government or
17        distinguished foreign visitor who has been so
18        designated by the Department of State;
19            (4) a foreign law enforcement officer of a
20        friendly foreign government entering the United States
21        on official business; or
22            (5) one who has received a waiver from the
23        Attorney General of the United States pursuant to 18
24        U.S.C. 922(y)(3);
25        (j) (Blank);
26        (k) A person who has been convicted within the past 5

 

 

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

 

 

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

 

 

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1    psychologist, or qualified examiner as those terms are
2    defined in the Mental Health and Developmental
3    Disabilities Code, and has received a certification that
4    he or she is not a clear and present danger to himself,
5    herself, or others. The physician, clinical psychologist,
6    or qualified examiner making the certification and his or
7    her employer shall not be held criminally, civilly, or
8    professionally liable for making or not making the
9    certification required under this subsection, except for
10    willful or wanton misconduct. This subsection does not
11    apply to a person whose firearm possession rights have
12    been restored through administrative or judicial action
13    under Section 10 or 11 of this Act.
14    Upon revocation of a person's Firearm Owner's
15Identification Card, the Illinois State Police shall provide
16notice to the person and the person shall comply with Section
179.5 of this Act.
18(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
19102-645, eff. 1-1-22; revised 10-14-21.)
 
20    Section 95. The Criminal Code of 2012 is amended by
21changing Section 17-6.5 as follows:
 
22    (720 ILCS 5/17-6.5)
23    Sec. 17-6.5. Persons under deportation order;
24ineligibility for benefits.

 

 

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1    (a) An individual against whom a United States Immigration
2Judge has issued an order of deportation which has been
3affirmed by the Board of Immigration Review, as well as an
4individual who appeals such an order pending appeal, under
5paragraph 19 of Section 241(a) of the Immigration and
6Nationality Act relating to persecution of others on account
7of race, religion, national origin or political opinion under
8the direction of or in association with the Nazi government of
9Germany or its allies, shall be ineligible for the following
10benefits authorized by State law:
11        (1) The homestead exemptions and homestead improvement
12    exemption under Sections 15-170, 15-175, 15-176, and
13    15-180 of the Property Tax Code.
14        (2) Grants under the Senior Citizens and Persons with
15    Disabilities Property Tax Relief Act.
16        (3) The double income tax exemption conferred upon
17    persons 65 years of age or older by Section 204 of the
18    Illinois Income Tax Act.
19        (4) Grants provided by the Department on Aging.
20        (5) Reductions in vehicle registration fees under
21    Section 3-806.3 of the Illinois Vehicle Code.
22        (6) Free fishing and reduced fishing license fees
23    under Sections 20-5 and 20-40 of the Fish and Aquatic Life
24    Code.
25        (7) Tuition free courses for senior citizens under the
26    Senior Citizen Courses Act.

 

 

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1        (8) Any benefits under the Illinois Public Aid Code.
2    (b) If a person has been found by a court to have knowingly
3received benefits in violation of subsection (a) and:
4        (1) the total monetary value of the benefits received
5    is less than $150, the person is guilty of a Class A
6    misdemeanor; a second or subsequent violation is a Class 4
7    felony;
8        (2) the total monetary value of the benefits received
9    is $150 or more but less than $1,000, the person is guilty
10    of a Class 4 felony; a second or subsequent violation is a
11    Class 3 felony;
12        (3) the total monetary value of the benefits received
13    is $1,000 or more but less than $5,000, the person is
14    guilty of a Class 3 felony; a second or subsequent
15    violation is a Class 2 felony;
16        (4) the total monetary value of the benefits received
17    is $5,000 or more but less than $10,000, the person is
18    guilty of a Class 2 felony; a second or subsequent
19    violation is a Class 1 felony; or
20        (5) the total monetary value of the benefits received
21    is $10,000 or more, the person is guilty of a Class 1
22    felony.
23    (c) For purposes of determining the classification of an
24offense under this Section, all of the monetary value of the
25benefits received as a result of the unlawful act, practice,
26or course of conduct may be accumulated.

 

 

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1    (d) Any grants awarded to persons described in subsection
2(a) may be recovered by the State of Illinois in a civil action
3commenced by the Attorney General in the circuit court of
4Sangamon County or the State's Attorney of the county of
5residence of the person described in subsection (a).
6    (e) An individual described in subsection (a) who has been
7deported shall be restored to any benefits which that
8individual has been denied under State law pursuant to
9subsection (a) if (i) the Attorney General of the United
10States has issued an order cancelling deportation and has
11adjusted the status of the individual to that of a person an
12alien lawfully admitted for permanent residence in the United
13States or (ii) the country to which the individual has been
14deported adjudicates or exonerates the individual in a
15judicial or administrative proceeding as not being guilty of
16the persecution of others on account of race, religion,
17national origin, or political opinion under the direction of
18or in association with the Nazi government of Germany or its
19allies.
20(Source: P.A. 99-143, eff. 7-27-15.)
 
21    Section 100. The Prevention of Cigarette and Electronic
22Cigarette Sales to Persons under 21 Years of Age Act is amended
23by changing Section 2 as follows:
 
24    (720 ILCS 678/2)

 

 

HB5004 Engrossed- 112 -LRB102 23330 RJF 32496 b

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

 

 

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1that makes a delivery sale) who delivers to the consumer the
2cigarettes or electronic cigarettes sold in a delivery sale.
3    "Department" means the Department of Revenue.
4    "Electronic cigarette" means:
5        (1) any device that employs a battery or other
6    mechanism to heat a solution or substance to produce a
7    vapor or aerosol intended for inhalation;
8        (2) any cartridge or container of a solution or
9    substance intended to be used with or in the device or to
10    refill the device; or
11        (3) any solution or substance, whether or not it
12    contains nicotine, intended for use in the device.
13    "Electronic cigarette" includes, but is not limited to,
14any electronic nicotine delivery system, electronic cigar,
15electronic cigarillo, electronic pipe, electronic hookah, vape
16pen, or similar product or device, and any component, part, or
17accessory of a device used during the operation of the device,
18even if the part or accessory was sold separately. "Electronic
19cigarette" does not include: cigarettes, as defined in Section
201 of the Cigarette Tax Act; any product approved by the United
21States Food and Drug Administration for sale as a tobacco
22cessation product, a tobacco dependence product, or for other
23medical purposes that is marketed and sold solely for that
24approved purpose; any asthma inhaler prescribed by a physician
25for that condition that is marketed and sold solely for that
26approved purpose; any device that meets the definition of

 

 

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1cannabis paraphernalia under Section 1-10 of the Cannabis
2Regulation and Tax Act; or any cannabis product sold by a
3dispensing organization pursuant to the Cannabis Regulation
4and Tax Act or the Compassionate Use of Medical Cannabis
5Program Act.
6    "Government-issued identification" means a State driver's
7license, State identification card, passport, a military
8identification or an official naturalization or immigration
9document, such as a permanent resident card an alien
10registration recipient card (commonly known as a "green card")
11or an immigrant visa.
12    "Mails" or "mailing" mean the shipment of cigarettes or
13electronic cigarettes through the United States Postal
14Service.
15    "Out-of-state sale" means a sale of cigarettes or
16electronic cigarettes to a consumer located outside of this
17State where the consumer submits the order for such sale by
18means of a telephonic or other method of voice transmission,
19the mails or any other delivery service, facsimile
20transmission, or the Internet or other online service and
21where the cigarettes or electronic cigarettes are delivered by
22use of the mails or other delivery service.
23    "Person" means any individual, corporation, partnership,
24limited liability company, association, or other organization
25that engages in any for-profit or not-for-profit activities.
26    "Shipping package" means a container in which packs or

 

 

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1cartons of cigarettes or electronic cigarettes are shipped in
2connection with a delivery sale.
3    "Shipping documents" means bills of lading, air bills, or
4any other documents used to evidence the undertaking by a
5delivery service to deliver letters, packages, or other
6containers.
7(Source: P.A. 102-575, eff. 1-1-22.)
 
8    Section 105. The Code of Criminal Procedure of 1963 is
9amended by changing Section 113-8 as follows:
 
10    (725 ILCS 5/113-8)
11    Sec. 113-8. Advisement concerning status as a noncitizen
12an alien.
13    (a) Before the acceptance of a plea of guilty, guilty but
14mentally ill, or nolo contendere to a misdemeanor or felony
15offense, the court shall give the following advisement to the
16defendant in open court:
17    "If you are not a citizen of the United States, you are
18hereby advised that conviction of the offense for which you
19have been charged may have the consequence of deportation,
20exclusion from admission to the United States, or denial of
21naturalization under the laws of the United States.".
22    (b) If the defendant is arraigned on or after the
23effective date of this amendatory Act of the 101st General
24Assembly, and the court fails to advise the defendant as

 

 

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

 

 

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

 

 

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

 

 

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1    remodeling, or conversion of a structure to be leased to
2    the Department of Corrections for the purposes of its
3    serving as a correctional institution or facility. Such
4    construction, remodeling, or conversion may be financed
5    with revenue bonds issued pursuant to the Industrial
6    Building Revenue Bond Act by the municipality or county.
7    The lease specified in a bid shall be for a term of not
8    less than the time needed to retire any revenue bonds used
9    to finance the project, but not to exceed 40 years. The
10    lease may grant to the State the option to purchase the
11    structure outright.
12        Upon receipt of the bids, the Department may certify
13    one or more of the bids and shall submit any such bids to
14    the General Assembly for approval. Upon approval of a bid
15    by a constitutional majority of both houses of the General
16    Assembly, pursuant to joint resolution, the Department of
17    Central Management Services may enter into an agreement
18    with the county or municipality pursuant to such bid.
19        (c-5) To build and maintain regional juvenile
20    detention centers and to charge a per diem to the counties
21    as established by the Department to defray the costs of
22    housing each minor in a center. In this subsection (c-5),
23    "juvenile detention center" means a facility to house
24    minors during pendency of trial who have been transferred
25    from proceedings under the Juvenile Court Act of 1987 to
26    prosecutions under the criminal laws of this State in

 

 

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

 

 

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

 

 

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

 

 

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1    the protection, arrest, retaking, and reconfining of
2    committed persons or where the exercise of such power is
3    necessary to the investigation of such misconduct or
4    violations. This subsection shall not apply to persons
5    committed to the Department of Juvenile Justice under the
6    Juvenile Court Act of 1987 on aftercare release.
7        (j) To cooperate with other departments and agencies
8    and with local communities for the development of
9    standards and programs for better correctional services in
10    this State.
11        (k) To administer all moneys and properties of the
12    Department.
13        (l) To report annually to the Governor on the
14    committed persons, institutions, and programs of the
15    Department.
16        (l-5) (Blank).
17        (m) To make all rules and regulations and exercise all
18    powers and duties vested by law in the Department.
19        (n) To establish rules and regulations for
20    administering a system of sentence credits, established in
21    accordance with Section 3-6-3, subject to review by the
22    Prisoner Review Board.
23        (o) To administer the distribution of funds from the
24    State Treasury to reimburse counties where State penal
25    institutions are located for the payment of assistant
26    state's attorneys' salaries under Section 4-2001 of the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    Apprehension Unit, or any person duly designated by the
2    Director, with the seal of the Department affixed. The
3    order shall be directed to all sheriffs, coroners, and
4    police officers, or to any particular person named in the
5    order. Any order issued pursuant to this subdivision
6    (1)(u-5) shall be sufficient warrant for the officer or
7    person named in the order to arrest and deliver the
8    committed person to the proper correctional officials and
9    shall be executed the same as criminal process.
10        (u-6) To appoint a point of contact person who shall
11    receive suggestions, complaints, or other requests to the
12    Department from visitors to Department institutions or
13    facilities and from other members of the public.
14        (v) To do all other acts necessary to carry out the
15    provisions of this Chapter.
16    (2) The Department of Corrections shall by January 1,
171998, consider building and operating a correctional facility
18within 100 miles of a county of over 2,000,000 inhabitants,
19especially a facility designed to house juvenile participants
20in the impact incarceration program.
21    (3) When the Department lets bids for contracts for
22medical services to be provided to persons committed to
23Department facilities by a health maintenance organization,
24medical service corporation, or other health care provider,
25the bid may only be let to a health care provider that has
26obtained an irrevocable letter of credit or performance bond

 

 

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1issued by a company whose bonds have an investment grade or
2higher rating by a bond rating organization.
3    (4) When the Department lets bids for contracts for food
4or commissary services to be provided to Department
5facilities, the bid may only be let to a food or commissary
6services provider that has obtained an irrevocable letter of
7credit or performance bond issued by a company whose bonds
8have an investment grade or higher rating by a bond rating
9organization.
10    (5) On and after the date 6 months after August 16, 2013
11(the effective date of Public Act 98-488), as provided in the
12Executive Order 1 (2012) Implementation Act, all of the
13powers, duties, rights, and responsibilities related to State
14healthcare purchasing under this Code that were transferred
15from the Department of Corrections to the Department of
16Healthcare and Family Services by Executive Order 3 (2005) are
17transferred back to the Department of Corrections; however,
18powers, duties, rights, and responsibilities related to State
19healthcare purchasing under this Code that were exercised by
20the Department of Corrections before the effective date of
21Executive Order 3 (2005) but that pertain to individuals
22resident in facilities operated by the Department of Juvenile
23Justice are transferred to the Department of Juvenile Justice.
24(Source: P.A. 101-235, eff. 1-1-20; 102-350, eff. 8-13-21;
25102-535, eff. 1-1-22; 102-538, eff. 8-20-21; revised
2610-15-21.)
 

 

 

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

 

 

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1        (E) (Blank).
2        (F) A Class 1 or greater felony if the offender had
3    been convicted of a Class 1 or greater felony, including
4    any state or federal conviction for an offense that
5    contained, at the time it was committed, the same elements
6    as an offense now (the date of the offense committed after
7    the prior Class 1 or greater felony) classified as a Class
8    1 or greater felony, within 10 years of the date on which
9    the offender committed the offense for which he or she is
10    being sentenced, except as otherwise provided in Section
11    40-10 of the Substance Use Disorder Act.
12        (F-3) A Class 2 or greater felony sex offense or
13    felony firearm offense if the offender had been convicted
14    of a Class 2 or greater felony, including any state or
15    federal conviction for an offense that contained, at the
16    time it was committed, the same elements as an offense now
17    (the date of the offense committed after the prior Class 2
18    or greater felony) classified as a Class 2 or greater
19    felony, within 10 years of the date on which the offender
20    committed the offense for which he or she is being
21    sentenced, except as otherwise provided in Section 40-10
22    of the Substance Use Disorder Act.
23        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
24    of the Criminal Code of 1961 or the Criminal Code of 2012
25    for which imprisonment is prescribed in those Sections.
26        (G) Residential burglary, except as otherwise provided

 

 

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1    in Section 40-10 of the Substance Use Disorder Act.
2        (H) Criminal sexual assault.
3        (I) Aggravated battery of a senior citizen as
4    described in Section 12-4.6 or subdivision (a)(4) of
5    Section 12-3.05 of the Criminal Code of 1961 or the
6    Criminal Code of 2012.
7        (J) A forcible felony if the offense was related to
8    the activities of an organized gang.
9        Before July 1, 1994, for the purposes of this
10    paragraph, "organized gang" means an association of 5 or
11    more persons, with an established hierarchy, that
12    encourages members of the association to perpetrate crimes
13    or provides support to the members of the association who
14    do commit crimes.
15        Beginning July 1, 1994, for the purposes of this
16    paragraph, "organized gang" has the meaning ascribed to it
17    in Section 10 of the Illinois Streetgang Terrorism Omnibus
18    Prevention Act.
19        (K) Vehicular hijacking.
20        (L) A second or subsequent conviction for the offense
21    of hate crime when the underlying offense upon which the
22    hate crime is based is felony aggravated assault or felony
23    mob action.
24        (M) A second or subsequent conviction for the offense
25    of institutional vandalism if the damage to the property
26    exceeds $300.

 

 

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

 

 

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1        (V) A violation of paragraph (4) of subsection (c) of
2    Section 11-20.1B or paragraph (4) of subsection (c) of
3    Section 11-20.3 of the Criminal Code of 1961, or paragraph
4    (6) of subsection (a) of Section 11-20.1 of the Criminal
5    Code of 2012 when the victim is under 13 years of age and
6    the defendant has previously been convicted under the laws
7    of this State or any other state of the offense of child
8    pornography, aggravated child pornography, aggravated
9    criminal sexual abuse, aggravated criminal sexual assault,
10    predatory criminal sexual assault of a child, or any of
11    the offenses formerly known as rape, deviate sexual
12    assault, indecent liberties with a child, or aggravated
13    indecent liberties with a child where the victim was under
14    the age of 18 years or an offense that is substantially
15    equivalent to those offenses.
16        (W) A violation of Section 24-3.5 of the Criminal Code
17    of 1961 or the Criminal Code of 2012.
18        (X) A violation of subsection (a) of Section 31-1a of
19    the Criminal Code of 1961 or the Criminal Code of 2012.
20        (Y) A conviction for unlawful possession of a firearm
21    by a street gang member when the firearm was loaded or
22    contained firearm ammunition.
23        (Z) A Class 1 felony committed while he or she was
24    serving a term of probation or conditional discharge for a
25    felony.
26        (AA) Theft of property exceeding $500,000 and not

 

 

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1    exceeding $1,000,000 in value.
2        (BB) Laundering of criminally derived property of a
3    value exceeding $500,000.
4        (CC) Knowingly selling, offering for sale, holding for
5    sale, or using 2,000 or more counterfeit items or
6    counterfeit items having a retail value in the aggregate
7    of $500,000 or more.
8        (DD) A conviction for aggravated assault under
9    paragraph (6) of subsection (c) of Section 12-2 of the
10    Criminal Code of 1961 or the Criminal Code of 2012 if the
11    firearm is aimed toward the person against whom the
12    firearm is being used.
13        (EE) A conviction for a violation of paragraph (2) of
14    subsection (a) of Section 24-3B of the Criminal Code of
15    2012.
16    (3) (Blank).
17    (4) A minimum term of imprisonment of not less than 10
18consecutive days or 30 days of community service shall be
19imposed for a violation of paragraph (c) of Section 6-303 of
20the Illinois Vehicle Code.
21    (4.1) (Blank).
22    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
23this subsection (c), a minimum of 100 hours of community
24service shall be imposed for a second violation of Section
256-303 of the Illinois Vehicle Code.
26    (4.3) A minimum term of imprisonment of 30 days or 300

 

 

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1hours of community service, as determined by the court, shall
2be imposed for a second violation of subsection (c) of Section
36-303 of the Illinois Vehicle Code.
4    (4.4) Except as provided in paragraphs (4.5), (4.6), and
5(4.9) of this subsection (c), a minimum term of imprisonment
6of 30 days or 300 hours of community service, as determined by
7the court, shall be imposed for a third or subsequent
8violation of Section 6-303 of the Illinois Vehicle Code. The
9court may give credit toward the fulfillment of community
10service hours for participation in activities and treatment as
11determined by court services.
12    (4.5) A minimum term of imprisonment of 30 days shall be
13imposed for a third violation of subsection (c) of Section
146-303 of the Illinois Vehicle Code.
15    (4.6) Except as provided in paragraph (4.10) of this
16subsection (c), a minimum term of imprisonment of 180 days
17shall be imposed for a fourth or subsequent violation of
18subsection (c) of Section 6-303 of the Illinois Vehicle Code.
19    (4.7) A minimum term of imprisonment of not less than 30
20consecutive days, or 300 hours of community service, shall be
21imposed for a violation of subsection (a-5) of Section 6-303
22of the Illinois Vehicle Code, as provided in subsection (b-5)
23of that Section.
24    (4.8) A mandatory prison sentence shall be imposed for a
25second violation of subsection (a-5) of Section 6-303 of the
26Illinois Vehicle Code, as provided in subsection (c-5) of that

 

 

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1Section. The person's driving privileges shall be revoked for
2a period of not less than 5 years from the date of his or her
3release from prison.
4    (4.9) A mandatory prison sentence of not less than 4 and
5not more than 15 years shall be imposed for a third violation
6of subsection (a-5) of Section 6-303 of the Illinois Vehicle
7Code, as provided in subsection (d-2.5) of that Section. The
8person's driving privileges shall be revoked for the remainder
9of his or her life.
10    (4.10) A mandatory prison sentence for a Class 1 felony
11shall be imposed, and the person shall be eligible for an
12extended term sentence, for a fourth or subsequent violation
13of subsection (a-5) of Section 6-303 of the Illinois Vehicle
14Code, as provided in subsection (d-3.5) of that Section. The
15person's driving privileges shall be revoked for the remainder
16of his or her life.
17    (5) The court may sentence a corporation or unincorporated
18association convicted of any offense to:
19        (A) a period of conditional discharge;
20        (B) a fine;
21        (C) make restitution to the victim under Section 5-5-6
22    of this Code.
23    (5.1) In addition to any other penalties imposed, and
24except as provided in paragraph (5.2) or (5.3), a person
25convicted of violating subsection (c) of Section 11-907 of the
26Illinois Vehicle Code shall have his or her driver's license,

 

 

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1permit, or privileges suspended for at least 90 days but not
2more than one year, if the violation resulted in damage to the
3property of another person.
4    (5.2) In addition to any other penalties imposed, and
5except as provided in paragraph (5.3), a person convicted of
6violating subsection (c) of Section 11-907 of the Illinois
7Vehicle Code shall have his or her driver's license, permit,
8or privileges suspended for at least 180 days but not more than
92 years, if the violation resulted in injury to another
10person.
11    (5.3) In addition to any other penalties imposed, a person
12convicted of violating subsection (c) of Section 11-907 of the
13Illinois Vehicle Code shall have his or her driver's license,
14permit, or privileges suspended for 2 years, if the violation
15resulted in the death of another person.
16    (5.4) In addition to any other penalties imposed, a person
17convicted of violating Section 3-707 of the Illinois Vehicle
18Code shall have his or her driver's license, permit, or
19privileges suspended for 3 months and until he or she has paid
20a reinstatement fee of $100.
21    (5.5) In addition to any other penalties imposed, a person
22convicted of violating Section 3-707 of the Illinois Vehicle
23Code during a period in which his or her driver's license,
24permit, or privileges were suspended for a previous violation
25of that Section shall have his or her driver's license,
26permit, or privileges suspended for an additional 6 months

 

 

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1after the expiration of the original 3-month suspension and
2until he or she has paid a reinstatement fee of $100.
3    (6) (Blank).
4    (7) (Blank).
5    (8) (Blank).
6    (9) A defendant convicted of a second or subsequent
7offense of ritualized abuse of a child may be sentenced to a
8term of natural life imprisonment.
9    (10) (Blank).
10    (11) The court shall impose a minimum fine of $1,000 for a
11first offense and $2,000 for a second or subsequent offense
12upon a person convicted of or placed on supervision for
13battery when the individual harmed was a sports official or
14coach at any level of competition and the act causing harm to
15the sports official or coach occurred within an athletic
16facility or within the immediate vicinity of the athletic
17facility at which the sports official or coach was an active
18participant of the athletic contest held at the athletic
19facility. For the purposes of this paragraph (11), "sports
20official" means a person at an athletic contest who enforces
21the rules of the contest, such as an umpire or referee;
22"athletic facility" means an indoor or outdoor playing field
23or recreational area where sports activities are conducted;
24and "coach" means a person recognized as a coach by the
25sanctioning authority that conducted the sporting event.
26    (12) A person may not receive a disposition of court

 

 

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1supervision for a violation of Section 5-16 of the Boat
2Registration and Safety Act if that person has previously
3received a disposition of court supervision for a violation of
4that Section.
5    (13) A person convicted of or placed on court supervision
6for an assault or aggravated assault when the victim and the
7offender are family or household members as defined in Section
8103 of the Illinois Domestic Violence Act of 1986 or convicted
9of domestic battery or aggravated domestic battery may be
10required to attend a Partner Abuse Intervention Program under
11protocols set forth by the Illinois Department of Human
12Services under such terms and conditions imposed by the court.
13The costs of such classes shall be paid by the offender.
14    (d) In any case in which a sentence originally imposed is
15vacated, the case shall be remanded to the trial court. The
16trial court shall hold a hearing under Section 5-4-1 of this
17Code which may include evidence of the defendant's life, moral
18character and occupation during the time since the original
19sentence was passed. The trial court shall then impose
20sentence upon the defendant. The trial court may impose any
21sentence which could have been imposed at the original trial
22subject to Section 5-5-4 of this Code. If a sentence is vacated
23on appeal or on collateral attack due to the failure of the
24trier of fact at trial to determine beyond a reasonable doubt
25the existence of a fact (other than a prior conviction)
26necessary to increase the punishment for the offense beyond

 

 

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

 

 

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1                (v) compliance with any other measures that
2            the court may deem appropriate; and
3        (2) the court orders the defendant to pay for the
4    victim's counseling services, to the extent that the court
5    finds, after considering the defendant's income and
6    assets, that the defendant is financially capable of
7    paying for such services, if the victim was under 18 years
8    of age at the time the offense was committed and requires
9    counseling as a result of the offense.
10    Probation may be revoked or modified pursuant to Section
115-6-4; except where the court determines at the hearing that
12the defendant violated a condition of his or her probation
13restricting contact with the victim or other family members or
14commits another offense with the victim or other family
15members, the court shall revoke the defendant's probation and
16impose a term of imprisonment.
17    For the purposes of this Section, "family member" and
18"victim" shall have the meanings ascribed to them in Section
1911-0.1 of the Criminal Code of 2012.
20    (f) (Blank).
21    (g) Whenever a defendant is convicted of an offense under
22Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
2311-14.3, 11-14.4 except for an offense that involves keeping a
24place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
2511-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
2612-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the

 

 

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1Criminal Code of 2012, the defendant shall undergo medical
2testing to determine whether the defendant has any sexually
3transmissible disease, including a test for infection with
4human immunodeficiency virus (HIV) or any other identified
5causative agent of acquired immunodeficiency syndrome (AIDS).
6Any such medical test shall be performed only by appropriately
7licensed medical practitioners and may include an analysis of
8any bodily fluids as well as an examination of the defendant's
9person. Except as otherwise provided by law, the results of
10such test shall be kept strictly confidential by all medical
11personnel involved in the testing and must be personally
12delivered in a sealed envelope to the judge of the court in
13which the conviction was entered for the judge's inspection in
14camera. Acting in accordance with the best interests of the
15victim and the public, the judge shall have the discretion to
16determine to whom, if anyone, the results of the testing may be
17revealed. The court shall notify the defendant of the test
18results. The court shall also notify the victim if requested
19by the victim, and if the victim is under the age of 15 and if
20requested by the victim's parents or legal guardian, the court
21shall notify the victim's parents or legal guardian of the
22test results. The court shall provide information on the
23availability of HIV testing and counseling at Department of
24Public Health facilities to all parties to whom the results of
25the testing are revealed and shall direct the State's Attorney
26to provide the information to the victim when possible. The

 

 

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

 

 

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1discretion to determine to whom, if anyone, the results of the
2testing may be revealed. The court shall notify the defendant
3of a positive test showing an infection with the human
4immunodeficiency virus (HIV). The court shall provide
5information on the availability of HIV testing and counseling
6at Department of Public Health facilities to all parties to
7whom the results of the testing are revealed and shall direct
8the State's Attorney to provide the information to the victim
9when possible. The court shall order that the cost of any such
10test shall be paid by the county and may be taxed as costs
11against the convicted defendant.
12    (i) All fines and penalties imposed under this Section for
13any violation of Chapters 3, 4, 6, and 11 of the Illinois
14Vehicle Code, or a similar provision of a local ordinance, and
15any violation of the Child Passenger Protection Act, or a
16similar provision of a local ordinance, shall be collected and
17disbursed by the circuit clerk as provided under the Criminal
18and Traffic Assessment Act.
19    (j) In cases when prosecution for any violation of Section
2011-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
2111-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
2211-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
2311-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
2412-15, or 12-16 of the Criminal Code of 1961 or the Criminal
25Code of 2012, any violation of the Illinois Controlled
26Substances Act, any violation of the Cannabis Control Act, or

 

 

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1any violation of the Methamphetamine Control and Community
2Protection Act results in conviction, a disposition of court
3supervision, or an order of probation granted under Section 10
4of the Cannabis Control Act, Section 410 of the Illinois
5Controlled Substances Act, or Section 70 of the
6Methamphetamine Control and Community Protection Act of a
7defendant, the court shall determine whether the defendant is
8employed by a facility or center as defined under the Child
9Care Act of 1969, a public or private elementary or secondary
10school, or otherwise works with children under 18 years of age
11on a daily basis. When a defendant is so employed, the court
12shall order the Clerk of the Court to send a copy of the
13judgment of conviction or order of supervision or probation to
14the defendant's employer by certified mail. If the employer of
15the defendant is a school, the Clerk of the Court shall direct
16the mailing of a copy of the judgment of conviction or order of
17supervision or probation to the appropriate regional
18superintendent of schools. The regional superintendent of
19schools shall notify the State Board of Education of any
20notification under this subsection.
21    (j-5) A defendant at least 17 years of age who is convicted
22of a felony and who has not been previously convicted of a
23misdemeanor or felony and who is sentenced to a term of
24imprisonment in the Illinois Department of Corrections shall
25as a condition of his or her sentence be required by the court
26to attend educational courses designed to prepare the

 

 

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

 

 

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

 

 

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1Attorney General of the United States or his or her designated
2agent when:
3        (1) a final order of deportation has been issued
4    against the defendant pursuant to proceedings under the
5    Immigration and Nationality Act, and
6        (2) the deportation of the defendant would not
7    deprecate the seriousness of the defendant's conduct and
8    would not be inconsistent with the ends of justice.
9    (C) This subsection (l) does not apply to offenders who
10are subject to the provisions of paragraph (2) of subsection
11(a) of Section 3-6-3.
12    (D) Upon motion of the State's Attorney, if a defendant
13sentenced under this Section returns to the jurisdiction of
14the United States, the defendant shall be recommitted to the
15custody of the county from which he or she was sentenced.
16Thereafter, the defendant shall be brought before the
17sentencing court, which may impose any sentence that was
18available under Section 5-5-3 at the time of initial
19sentencing. In addition, the defendant shall not be eligible
20for additional earned sentence credit as provided under
21Section 3-6-3.
22    (m) A person convicted of criminal defacement of property
23under Section 21-1.3 of the Criminal Code of 1961 or the
24Criminal Code of 2012, in which the property damage exceeds
25$300 and the property damaged is a school building, shall be
26ordered to perform community service that may include cleanup,

 

 

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1removal, or painting over the defacement.
2    (n) The court may sentence a person convicted of a
3violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
4subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
5of 1961 or the Criminal Code of 2012 (i) to an impact
6incarceration program if the person is otherwise eligible for
7that program under Section 5-8-1.1, (ii) to community service,
8or (iii) if the person has a substance use disorder, as defined
9in the Substance Use Disorder Act, to a treatment program
10licensed under that Act.
11    (o) Whenever a person is convicted of a sex offense as
12defined in Section 2 of the Sex Offender Registration Act, the
13defendant's driver's license or permit shall be subject to
14renewal on an annual basis in accordance with the provisions
15of license renewal established by the Secretary of State.
16(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
17102-531, eff. 1-1-22; revised 10-12-21.)
 
18    Section 115. The Income Withholding for Support Act is
19amended by changing Section 20 as follows:
 
20    (750 ILCS 28/20)
21    Sec. 20. Entry of order for support containing income
22withholding provisions; income withholding notice.
23    (a) In addition to any content required under other laws,
24every order for support entered on or after July 1, 1997,

 

 

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

 

 

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1of the Circuit Court shall provide a copy of the order to the
2obligor and shall make copies available to the obligee and
3public office.
4    (c) The income withholding notice shall:
5        (1) be in the standard format prescribed by the
6    federal Department of Health and Human Services; and
7        (1.1) state the date of entry of the order for support
8    upon which the income withholding notice is based; and
9        (2) direct any payor to withhold the dollar amount
10    required for current support under the order for support;
11    and
12        (3) direct any payor to withhold the dollar amount
13    required to be paid periodically under the order for
14    support for payment of the amount of any arrearage stated
15    in the order for support; and
16        (4) direct any payor or labor union or trade union to
17    enroll a child as a beneficiary of a health insurance plan
18    and withhold or cause to be withheld, if applicable, any
19    required premiums; and
20        (5) state the amount of the payor income withholding
21    fee specified under this Section; and
22        (6) state that the amount actually withheld from the
23    obligor's income for support and other purposes, including
24    the payor withholding fee specified under this Section,
25    may not be in excess of the maximum amount permitted under
26    the federal Consumer Credit Protection Act; and

 

 

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

 

 

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

 

 

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1to enforce income withholding against a payor, or the
2resolution of other disputes involving an income withholding
3notice. The changes made to this subsection by this amendatory
4Act of the 96th General Assembly apply on and after September
51, 2009.
6    (h) At any time after the initial service of an income
7withholding notice, any other payor of the obligor may be
8served with the same income withholding notice without further
9notice to the obligor. A copy of the income withholding notice
10together with a proof of service on the other payor shall be
11filed with the Clerk of the Circuit Court.
12    (i) New service of an income withholding notice is not
13required in order to resume withholding of income in the case
14of an obligor with respect to whom an income withholding
15notice was previously served on the payor if withholding of
16income was terminated because of an interruption in the
17obligor's employment of less than 180 days.
18(Source: P.A. 97-994, eff. 8-17-12; 98-81, eff. 7-15-13.)
 
19    Section 120. The Property Owned By Aliens Act is amended
20by changing the title of the Act and Sections 0.01, 7, and 8 as
21follows:
 
22    (765 ILCS 60/Act title)
23    An Act concerning the right of noncitizens aliens to
24acquire and hold real and personal property.
 

 

 

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1    (765 ILCS 60/0.01)  (from Ch. 6, par. 0.01)
2    Sec. 0.01. Short title. This Act may be cited as the
3Property Owned By Noncitizens Aliens Act.
4(Source: P.A. 86-1324.)
 
5    (765 ILCS 60/7)  (from Ch. 6, par. 7)
6    Sec. 7. All noncitizens aliens may acquire, hold, and
7dispose of real and personal property in the same manner and to
8the same extent as natural born citizens of the United States,
9and the personal estate of a noncitizen an alien dying
10intestate shall be distributed in the same manner as the
11estates of natural born citizens, and all persons interested
12in such estate shall be entitled to proper distributive shares
13thereof under the laws of this state, whether they are
14noncitizens aliens or not.
15    This amendatory Act of 1992 does not apply to the
16Agricultural Foreign Investment Disclosure Act.
17(Source: P.A. 87-1101.)
 
18    (765 ILCS 60/8)  (from Ch. 6, par. 8)
19    Sec. 8. An act in regard to noncitizens aliens and to
20restrict their right to acquire and hold real and personal
21estate and to provide for the disposition of the lands now
22owned by non-resident noncitizens aliens, approved June 16,
231887, and in force July 1, 1887, and all other acts and parts

 

 

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1of acts in conflict with this act, are hereby repealed.
2(Source: Laws 1897, p. 5.)
 
3    Section 125. The Property Taxes of Alien Landlords Act is
4amended by changing the title of the Act and Sections 0.01 and
51 as follows:
 
6    (765 ILCS 725/Act title)
7    An Act to prevent noncitizen alien landlords from
8including the payment of taxes in the rent of farm lands as a
9part of the rental thereof.
 
10    (765 ILCS 725/0.01)  (from Ch. 6, par. 8.9)
11    Sec. 0.01. Short title. This Act may be cited as the
12Property Taxes Of Noncitizen Alien Landlords Act.
13(Source: P.A. 86-1324.)
 
14    (765 ILCS 725/1)  (from Ch. 6, par. 9)
15    Sec. 1. No contract, agreement or lease in writing or by
16parol, by which any lands or tenements therein are demised or
17leased by any noncitizen alien or his agents for the purpose of
18farming, cultivation or the raising of crops thereon, shall
19contain any provision requiring the tenant or other person for
20him, to pay taxes on said lands or tenements, or any part
21thereof, and all such provisions, agreements and leases so
22made are declared void as to the taxes aforesaid. If any

 

 

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

 

 

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

 

 

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1        or of any political subdivision, municipal corporation
2        or other governmental unit or agency;
3            (e) A person in a vocational rehabilitation
4        facility certified under federal law who has been
5        designated an evaluee, trainee, or work activity
6        client.
7    (B) Employer.
8        (1) "Employer" includes:
9            (a) Any person employing one or more employees
10        within Illinois during 20 or more calendar weeks
11        within the calendar year of or preceding the alleged
12        violation;
13            (b) Any person employing one or more employees
14        when a complainant alleges civil rights violation due
15        to unlawful discrimination based upon his or her
16        physical or mental disability unrelated to ability,
17        pregnancy, or sexual harassment;
18            (c) The State and any political subdivision,
19        municipal corporation or other governmental unit or
20        agency, without regard to the number of employees;
21            (d) Any party to a public contract without regard
22        to the number of employees;
23            (e) A joint apprenticeship or training committee
24        without regard to the number of employees.
25        (2) "Employer" does not include any place of worship,
26    religious corporation, association, educational

 

 

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1    institution, society, or non-profit nursing institution
2    conducted by and for those who rely upon treatment by
3    prayer through spiritual means in accordance with the
4    tenets of a recognized church or religious denomination
5    with respect to the employment of individuals of a
6    particular religion to perform work connected with the
7    carrying on by such place of worship, corporation,
8    association, educational institution, society or
9    non-profit nursing institution of its activities.
10    (C) Employment Agency. "Employment Agency" includes both
11public and private employment agencies and any person, labor
12organization, or labor union having a hiring hall or hiring
13office regularly undertaking, with or without compensation, to
14procure opportunities to work, or to procure, recruit, refer
15or place employees.
16    (D) Labor Organization. "Labor Organization" includes any
17organization, labor union, craft union, or any voluntary
18unincorporated association designed to further the cause of
19the rights of union labor which is constituted for the
20purpose, in whole or in part, of collective bargaining or of
21dealing with employers concerning grievances, terms or
22conditions of employment, or apprenticeships or applications
23for apprenticeships, or of other mutual aid or protection in
24connection with employment, including apprenticeships or
25applications for apprenticeships.
26    (E) Sexual Harassment. "Sexual harassment" means any

 

 

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

 

 

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

 

 

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1Department's regulations. The provisions of this Article
2relating to eligible bidders apply only to bids on contracts
3with the State and its departments, agencies, boards, and
4commissions, and the provisions do not apply to bids on
5contracts with units of local government or school districts.
6    (K) Citizenship Status. "Citizenship status" means the
7status of being:
8        (1) a born U.S. citizen;
9        (2) a naturalized U.S. citizen;
10        (3) a U.S. national; or
11        (4) a person born outside the United States and not a
12    U.S. citizen who is lawfully present not an unauthorized
13    alien and who is protected from discrimination under the
14    provisions of Section 1324b of Title 8 of the United
15    States Code, as now or hereafter amended.
16    (L) Work Authorization Status. "Work authorization status"
17means the status of being a person born outside of the United
18States, and not a U.S. citizen, who is authorized by the
19federal government to work in the United States.
20(Source: P.A. 101-221, eff. 1-1-20; 101-430, eff. 7-1-20;
21102-233, eff. 8-2-21; 102-558, eff. 8-20-21.)
 
22    Section 135. The Resident Alien Course Act is amended by
23changing the title of the Act and Sections 0.01, 1, 2, and 3 as
24follows:
 

 

 

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1    (815 ILCS 400/Act title)
2    An Act concerning fees charged for courses offered to
3persons seeking permanent resident alien status under the
4Immigration Reform and Control Act of 1986.
 
5    (815 ILCS 400/0.01)  (from Ch. 111, par. 8050)
6    Sec. 0.01. Short title. This Act may be cited as the
7Resident Alien Course Act.
8(Source: P.A. 86-1324.)
 
9    (815 ILCS 400/1)  (from Ch. 111, par. 8051)
10    Sec. 1. No individual or agency, authorized by the U.S.
11Immigration and Naturalization Service to offer a course
12leading to a certificate of satisfactory pursuit for issuance
13of permanent resident alien status, may charge a fee for such
14course in excess of $5 per hour per individual up to the first
1560 hours of instruction or $500 for up to 12 months of
16instruction from the date of registration. As used in this
17Section, the term "fee" includes all costs associated with the
18course, including the costs of instruction and materials.
19(Source: P.A. 86-831.)
 
20    (815 ILCS 400/2)  (from Ch. 111, par. 8052)
21    Sec. 2. No individual or agency which offers any service
22or course with the promise of preparing the recipient or
23enrollee for the English and civics exam of the U.S.

 

 

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1Immigration and Naturalization Service for issuance of
2permanent resident alien status may charge a fee for such
3service or course in excess of $5 per hour per individual up to
4the first 60 hours of instruction or $500 for up to 12 months
5of instruction from the date of registration. As used in this
6Section, the term "fee" includes all costs associated with the
7service or course, including the costs of instruction and
8materials.
9(Source: P.A. 86-831.)
 
10    (815 ILCS 400/3)  (from Ch. 111, par. 8053)
11    Sec. 3. Any individual or agency offering a course or
12service described in Section 2 shall include within any
13literature or print or electronic advertisement for such
14service or course a statement that such service or course is
15designed to prepare the recipient or enrollee for the English
16and civics exam of the U.S. Immigration and Naturalization
17Service and that the individual or agency offering the service
18or course does not issue the certificate of satisfactory
19pursuit required by the U.S. Immigration and Naturalization
20Service for issuance of permanent resident alien status.
21(Source: P.A. 86-831.)
 
22    Section 140. The Consumer Fraud and Deceptive Business
23Practices Act is amended by changing Section 2AA as follows:
 

 

 

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1    (815 ILCS 505/2AA)
2    Sec. 2AA. Immigration services.
3    (a) "Immigration matter" means any proceeding, filing, or
4action affecting the nonimmigrant, immigrant or citizenship
5status of any person that arises under immigration and
6naturalization law, executive order or presidential
7proclamation of the United States or any foreign country, or
8that arises under action of the United States Citizenship and
9Immigration Services, the United States Department of Labor,
10or the United States Department of State.
11    "Immigration assistance service" means any information or
12action provided or offered to customers or prospective
13customers related to immigration matters, excluding legal
14advice, recommending a specific course of legal action, or
15providing any other assistance that requires legal analysis,
16legal judgment, or interpretation of the law.
17    "Compensation" means money, property, services, promise of
18payment, or anything else of value.
19    "Employed by" means that a person is on the payroll of the
20employer and the employer deducts from the employee's paycheck
21social security and withholding taxes, or receives
22compensation from the employer on a commission basis or as an
23independent contractor.
24    "Reasonable costs" means actual costs or, if actual costs
25cannot be calculated, reasonably estimated costs of such
26things as photocopying, telephone calls, document requests,

 

 

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1and filing fees for immigration forms, and other nominal costs
2incidental to assistance in an immigration matter.
3    (a-1) The General Assembly finds and declares that private
4individuals who assist persons with immigration matters have a
5significant impact on the ability of their clients to reside
6and work within the United States and to establish and
7maintain stable families and business relationships. The
8General Assembly further finds that that assistance and its
9impact also have a significant effect on the cultural, social,
10and economic life of the State of Illinois and thereby
11substantially affect the public interest. It is the intent of
12the General Assembly to establish rules of practice and
13conduct for those individuals to promote honesty and fair
14dealing with residents and to preserve public confidence.
15    (a-5) The following persons are exempt from this Section,
16provided they prove the exemption by a preponderance of the
17evidence:
18        (1) An attorney licensed to practice law in any state
19    or territory of the United States, or of any foreign
20    country when authorized by the Illinois Supreme Court, to
21    the extent the attorney renders immigration assistance
22    service in the course of his or her practice as an
23    attorney.
24        (2) A legal intern, as described by the rules of the
25    Illinois Supreme Court, employed by and under the direct
26    supervision of a licensed attorney and rendering

 

 

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1    immigration assistance service in the course of the
2    intern's employment.
3        (3) A not-for-profit organization recognized by the
4    Board of Immigration Appeals under 8 CFR 292.2(a) and
5    employees of those organizations accredited under 8 CFR
6    292.2(d).
7        (4) Any organization employing or desiring to employ a
8    documented or undocumented immigrant or nonimmigrant
9    alien, where the organization, its employees or its agents
10    provide advice or assistance in immigration matters to
11    documented or undocumented immigrant or nonimmigrant alien
12    employees or potential employees without compensation from
13    the individuals to whom such advice or assistance is
14    provided.
15    Nothing in this Section shall regulate any business to the
16extent that such regulation is prohibited or preempted by
17State or federal law.
18    All other persons providing or offering to provide
19immigration assistance service shall be subject to this
20Section.
21    (b) Any person who provides or offers to provide
22immigration assistance service may perform only the following
23services:
24        (1) Completing a government agency form, requested by
25    the customer and appropriate to the customer's needs, only
26    if the completion of that form does not involve a legal

 

 

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1    judgment for that particular matter.
2        (2) Transcribing responses to a government agency form
3    which is related to an immigration matter, but not
4    advising a customer as to his or her answers on those
5    forms.
6        (3) Translating information on forms to a customer and
7    translating the customer's answers to questions posed on
8    those forms.
9        (4) Securing for the customer supporting documents
10    currently in existence, such as birth and marriage
11    certificates, which may be needed to be submitted with
12    government agency forms.
13        (5) Translating documents from a foreign language into
14    English.
15        (6) Notarizing signatures on government agency forms,
16    if the person performing the service is a notary public of
17    the State of Illinois.
18        (7) Making referrals, without fee, to attorneys who
19    could undertake legal representation for a person in an
20    immigration matter.
21        (8) Preparing or arranging for the preparation of
22    photographs and fingerprints.
23        (9) Arranging for the performance of medical testing
24    (including X-rays and AIDS tests) and the obtaining of
25    reports of such test results.
26        (10) Conducting English language and civics courses.

 

 

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1        (11) Other services that the Attorney General
2    determines by rule may be appropriately performed by such
3    persons in light of the purposes of this Section.
4    Fees for a notary public, agency, or any other person who
5is not an attorney or an accredited representative filling out
6immigration forms shall be limited to the maximum fees set
7forth in subsections (a) and (b) of Section 3-104 of the
8Illinois Notary Public Act (5 ILCS 312/3-104). The maximum fee
9schedule set forth in subsections (a) and (b) of Section 3-104
10of the Illinois Notary Public Act shall apply to any person
11that provides or offers to provide immigration assistance
12service performing the services described therein. The
13Attorney General may promulgate rules establishing maximum
14fees that may be charged for any services not described in that
15subsection. The maximum fees must be reasonable in light of
16the costs of providing those services and the degree of
17professional skill required to provide the services.
18    No person subject to this Act shall charge fees directly
19or indirectly for referring an individual to an attorney or
20for any immigration matter not authorized by this Article,
21provided that a person may charge a fee for notarizing
22documents as permitted by the Illinois Notary Public Act.
23    (c) Any person performing such services shall register
24with the Illinois Attorney General and submit verification of
25malpractice insurance or of a surety bond.
26    (d) Except as provided otherwise in this subsection,

 

 

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1before providing any assistance in an immigration matter a
2person shall provide the customer with a written contract that
3includes the following:
4        (1) An explanation of the services to be performed.
5        (2) Identification of all compensation and costs to be
6    charged to the customer for the services to be performed.
7        (3) A statement that documents submitted in support of
8    an application for nonimmigrant, immigrant, or
9    naturalization status may not be retained by the person
10    for any purpose, including payment of compensation or
11    costs.
12    This subsection does not apply to a not-for-profit
13organization that provides advice or assistance in immigration
14matters to clients without charge beyond a reasonable fee to
15reimburse the organization's or clinic's reasonable costs
16relating to providing immigration services to that client.
17    (e) Any person who provides or offers immigration
18assistance service and is not exempted from this Section,
19shall post signs at his or her place of business, setting forth
20information in English and in every other language in which
21the person provides or offers to provide immigration
22assistance service. Each language shall be on a separate sign.
23Signs shall be posted in a location where the signs will be
24visible to customers. Each sign shall be at least 11 inches by
2517 inches, and shall contain the following:
26        (1) The statement "I AM NOT AN ATTORNEY LICENSED TO

 

 

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

 

 

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1message.
2    Any person who provides or offers immigration assistance
3service and is not exempted from this Section shall not, in any
4document, advertisement, stationery, letterhead, business
5card, or other comparable written material, literally
6translate from English into another language terms or titles
7including, but not limited to, notary public, notary,
8licensed, attorney, lawyer, or any other term that implies the
9person is an attorney. To illustrate, the words "notario" and
10"poder notarial" are prohibited under this provision.
11    If not subject to penalties under subsection (a) of
12Section 3-103 of the Illinois Notary Public Act (5 ILCS
13312/3-103), violations of this subsection shall result in a
14fine of $1,000. Violations shall not preempt or preclude
15additional appropriate civil or criminal penalties.
16    (f) The written contract shall be in both English and in
17the language of the customer.
18    (g) A copy of the contract shall be provided to the
19customer upon the customer's execution of the contract.
20    (h) A customer has the right to rescind a contract within
2172 hours after his or her signing of the contract.
22    (i) Any documents identified in paragraph (3) of
23subsection (c) shall be returned upon demand of the customer.
24    (j) No person engaged in providing immigration services
25who is not exempted under this Section shall do any of the
26following:

 

 

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1        (1) Make any statement that the person can or will
2    obtain special favors from or has special influence with
3    the United States Immigration and Naturalization Service
4    or any other government agency.
5        (2) Retain any compensation for service not performed.
6        (2.5) Accept payment in exchange for providing legal
7    advice or any other assistance that requires legal
8    analysis, legal judgment, or interpretation of the law.
9        (3) Refuse to return documents supplied by, prepared
10    on behalf of, or paid for by the customer upon the request
11    of the customer. These documents must be returned upon
12    request even if there is a fee dispute between the
13    immigration assistant and the customer.
14        (4) Represent or advertise, in connection with the
15    provision of assistance in immigration matters, other
16    titles of credentials, including but not limited to
17    "notary public" or "immigration consultant," that could
18    cause a customer to believe that the person possesses
19    special professional skills or is authorized to provide
20    advice on an immigration matter; provided that a notary
21    public appointed by the Illinois Secretary of State may
22    use the term "notary public" if the use is accompanied by
23    the statement that the person is not an attorney; the term
24    "notary public" may not be translated to another language;
25    for example "notario" is prohibited.
26        (5) Provide legal advice, recommend a specific course

 

 

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

 

 

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1damages to recover prohibited fees, or for such additional
2relief as may be appropriate to deter, prevent, or compensate
3for the violation. In order to deter violations of this
4Section, courts shall not require a showing of the traditional
5elements for equitable relief. A prevailing plaintiff may be
6awarded 3 times the prohibited fees or a minimum of $1,000 in
7punitive damages, attorney's fees, and costs of bringing an
8action under this Section. It is the express intention of the
9General Assembly that remedies for violation of this Section
10be cumulative.
11    (n) No unit of local government, including any home rule
12unit, shall have the authority to regulate immigration
13assistance services unless such regulations are at least as
14stringent as those contained in Public Act 87-1211. It is
15declared to be the law of this State, pursuant to paragraph (i)
16of Section 6 of Article VII of the Illinois Constitution of
171970, that Public Act 87-1211 is a limitation on the authority
18of a home rule unit to exercise powers concurrently with the
19State. The limitations of this Section do not apply to a home
20rule unit that has, prior to January 1, 1993 (the effective
21date of Public Act 87-1211), adopted an ordinance regulating
22immigration assistance services.
23    (o) This Section is severable under Section 1.31 of the
24Statute on Statutes.
25    (p) The Attorney General shall issue rules not
26inconsistent with this Section for the implementation,

 

 

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1administration, and enforcement of this Section. The rules may
2provide for the following:
3        (1) The content, print size, and print style of the
4    signs required under subsection (e). Print sizes and
5    styles may vary from language to language.
6        (2) Standard forms for use in the administration of
7    this Section.
8        (3) Any additional requirements deemed necessary.
9(Source: P.A. 99-679, eff. 1-1-17; 100-863, eff. 8-14-18.)
 
10    Section 145. The Workers' Compensation Act is amended by
11changing Sections 1 and 7 as follows:
 
12    (820 ILCS 305/1)  (from Ch. 48, par. 138.1)
13    Sec. 1. This Act may be cited as the Workers' Compensation
14Act.
15    (a) The term "employer" as used in this Act means:
16    1. The State and each county, city, town, township,
17incorporated village, school district, body politic, or
18municipal corporation therein.
19    2. Every person, firm, public or private corporation,
20including hospitals, public service, eleemosynary, religious
21or charitable corporations or associations who has any person
22in service or under any contract for hire, express or implied,
23oral or written, and who is engaged in any of the enterprises
24or businesses enumerated in Section 3 of this Act, or who at or

 

 

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1prior to the time of the accident to the employee for which
2compensation under this Act may be claimed, has in the manner
3provided in this Act elected to become subject to the
4provisions of this Act, and who has not, prior to such
5accident, effected a withdrawal of such election in the manner
6provided in this Act.
7    3. Any one engaging in any business or enterprise referred
8to in subsections 1 and 2 of Section 3 of this Act who
9undertakes to do any work enumerated therein, is liable to pay
10compensation to his own immediate employees in accordance with
11the provisions of this Act, and in addition thereto if he
12directly or indirectly engages any contractor whether
13principal or sub-contractor to do any such work, he is liable
14to pay compensation to the employees of any such contractor or
15sub-contractor unless such contractor or sub-contractor has
16insured, in any company or association authorized under the
17laws of this State to insure the liability to pay compensation
18under this Act, or guaranteed his liability to pay such
19compensation. With respect to any time limitation on the
20filing of claims provided by this Act, the timely filing of a
21claim against a contractor or subcontractor, as the case may
22be, shall be deemed to be a timely filing with respect to all
23persons upon whom liability is imposed by this paragraph.
24    In the event any such person pays compensation under this
25subsection he may recover the amount thereof from the
26contractor or sub-contractor, if any, and in the event the

 

 

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

 

 

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1    Where an employee files an Application for Adjustment of
2Claim with the Illinois Workers' Compensation Commission
3alleging that his claim is covered by the provisions of the
4preceding paragraph, and joining both the alleged loaning and
5borrowing employers, they and each of them, upon written
6demand by the employee and within 7 days after receipt of such
7demand, shall have the duty of filing with the Illinois
8Workers' Compensation Commission a written admission or denial
9of the allegation that the claim is covered by the provisions
10of the preceding paragraph and in default of such filing or if
11any such denial be ultimately determined not to have been bona
12fide then the provisions of Paragraph K of Section 19 of this
13Act shall apply.
14    An employer whose business or enterprise or a substantial
15part thereof consists of hiring, procuring or furnishing
16employees to or for other employers operating under and
17subject to the provisions of this Act for the performance of
18the work of such other employers and who pays such employees
19their salary or wages notwithstanding that they are doing the
20work of such other employers shall be deemed a loaning
21employer within the meaning and provisions of this Section.
22    (b) The term "employee" as used in this Act means:
23    1. Every person in the service of the State, including
24members of the General Assembly, members of the Commerce
25Commission, members of the Illinois Workers' Compensation
26Commission, and all persons in the service of the University

 

 

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1of Illinois, county, including deputy sheriffs and assistant
2state's attorneys, city, town, township, incorporated village
3or school district, body politic, or municipal corporation
4therein, whether by election, under appointment or contract of
5hire, express or implied, oral or written, including all
6members of the Illinois National Guard while on active duty in
7the service of the State, and all probation personnel of the
8Juvenile Court appointed pursuant to Article VI of the
9Juvenile Court Act of 1987, and including any official of the
10State, any county, city, town, township, incorporated village,
11school district, body politic or municipal corporation therein
12except any duly appointed member of a police department in any
13city whose population exceeds 500,000 according to the last
14Federal or State census, and except any member of a fire
15insurance patrol maintained by a board of underwriters in this
16State. A duly appointed member of a fire department in any
17city, the population of which exceeds 500,000 according to the
18last federal or State census, is an employee under this Act
19only with respect to claims brought under paragraph (c) of
20Section 8.
21    One employed by a contractor who has contracted with the
22State, or a county, city, town, township, incorporated
23village, school district, body politic or municipal
24corporation therein, through its representatives, is not
25considered as an employee of the State, county, city, town,
26township, incorporated village, school district, body politic

 

 

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1or municipal corporation which made the contract.
2    2. Every person in the service of another under any
3contract of hire, express or implied, oral or written,
4including persons whose employment is outside of the State of
5Illinois where the contract of hire is made within the State of
6Illinois, persons whose employment results in fatal or
7non-fatal injuries within the State of Illinois where the
8contract of hire is made outside of the State of Illinois, and
9persons whose employment is principally localized within the
10State of Illinois, regardless of the place of the accident or
11the place where the contract of hire was made, and including
12noncitizens aliens, and minors who, for the purpose of this
13Act are considered the same and have the same power to
14contract, receive payments and give quittances therefor, as
15adult employees.
16    3. Every sole proprietor and every partner of a business
17may elect to be covered by this Act.
18    An employee or his dependents under this Act who shall
19have a cause of action by reason of any injury, disablement or
20death arising out of and in the course of his employment may
21elect to pursue his remedy in the State where injured or
22disabled, or in the State where the contract of hire is made,
23or in the State where the employment is principally localized.
24    However, any employer may elect to provide and pay
25compensation to any employee other than those engaged in the
26usual course of the trade, business, profession or occupation

 

 

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1of the employer by complying with Sections 2 and 4 of this Act.
2Employees are not included within the provisions of this Act
3when excluded by the laws of the United States relating to
4liability of employers to their employees for personal
5injuries where such laws are held to be exclusive.
6    The term "employee" does not include persons performing
7services as real estate broker, broker-salesman, or salesman
8when such persons are paid by commission only.
9    (c) "Commission" means the Industrial Commission created
10by Section 5 of "The Civil Administrative Code of Illinois",
11approved March 7, 1917, as amended, or the Illinois Workers'
12Compensation Commission created by Section 13 of this Act.
13    (d) To obtain compensation under this Act, an employee
14bears the burden of showing, by a preponderance of the
15evidence, that he or she has sustained accidental injuries
16arising out of and in the course of the employment.
17(Source: P.A. 97-18, eff. 6-28-11; 97-268, eff. 8-8-11;
1897-813, eff. 7-13-12.)
 
19    (820 ILCS 305/7)  (from Ch. 48, par. 138.7)
20    Sec. 7. The amount of compensation which shall be paid for
21an accidental injury to the employee resulting in death is:
22    (a) If the employee leaves surviving a widow, widower,
23child or children, the applicable weekly compensation rate
24computed in accordance with subparagraph 2 of paragraph (b) of
25Section 8, shall be payable during the life of the widow or

 

 

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1widower and if any surviving child or children shall not be
2physically or mentally incapacitated then until the death of
3the widow or widower or until the youngest child shall reach
4the age of 18, whichever shall come later; provided that if
5such child or children shall be enrolled as a full time student
6in any accredited educational institution, the payments shall
7continue until such child has attained the age of 25. In the
8event any surviving child or children shall be physically or
9mentally incapacitated, the payments shall continue for the
10duration of such incapacity.
11    The term "child" means a child whom the deceased employee
12left surviving, including a posthumous child, a child legally
13adopted, a child whom the deceased employee was legally
14obligated to support or a child to whom the deceased employee
15stood in loco parentis. The term "children" means the plural
16of "child".
17    The term "physically or mentally incapacitated child or
18children" means a child or children incapable of engaging in
19regular and substantial gainful employment.
20    In the event of the remarriage of a widow or widower, where
21the decedent did not leave surviving any child or children
22who, at the time of such remarriage, are entitled to
23compensation benefits under this Act, the surviving spouse
24shall be paid a lump sum equal to 2 years compensation benefits
25and all further rights of such widow or widower shall be
26extinguished.

 

 

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

 

 

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1earnings of the employee, then there shall be paid to such
2dependent or dependents for a period of 8 years weekly
3compensation payments at such proportion of the applicable
4rate if the employee had left surviving a widow or widower as
5such dependency bears to total dependency. In the event of the
6death of any such beneficiary the share of such beneficiary
7shall be divided equally among the surviving beneficiaries and
8in the event of the death of the last such beneficiary all the
9rights under this paragraph shall be extinguished.
10    (d) If no compensation is payable under paragraphs (a),
11(b) or (c) of this Section and the employee leaves surviving
12any grandparent, grandparents, grandchild or grandchildren or
13collateral heirs dependent upon the employee's earnings to the
14extent of 50% or more of total dependency, then there shall be
15paid to such dependent or dependents for a period of 5 years
16weekly compensation payments at such proportion of the
17applicable rate if the employee had left surviving a widow or
18widower as such dependency bears to total dependency. In the
19event of the death of any such beneficiary the share of such
20beneficiary shall be divided equally among the surviving
21beneficiaries and in the event of the death of the last such
22beneficiary all rights hereunder shall be extinguished.
23    (e) The compensation to be paid for accidental injury
24which results in death, as provided in this Section, shall be
25paid to the persons who form the basis for determining the
26amount of compensation to be paid by the employer, the

 

 

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1respective shares to be in the proportion of their respective
2dependency at the time of the accident on the earnings of the
3deceased. The Commission or an Arbitrator thereof may, in its
4or his discretion, order or award the payment to the parent or
5grandparent of a child for the latter's support the amount of
6compensation which but for such order or award would have been
7paid to such child as its share of the compensation payable,
8which order or award may be modified from time to time by the
9Commission in its discretion with respect to the person to
10whom shall be paid the amount of the order or award remaining
11unpaid at the time of the modification.
12    The payments of compensation by the employer in accordance
13with the order or award of the Commission discharges such
14employer from all further obligation as to such compensation.
15    (f) The sum of $8,000 for burial expenses shall be paid by
16the employer to the widow or widower, other dependent, next of
17kin or to the person or persons incurring the expense of
18burial.
19    In the event the employer failed to provide necessary
20first aid, medical, surgical or hospital service, he shall pay
21the cost thereof to the person or persons entitled to
22compensation under paragraphs (a), (b), (c) or (d) of this
23Section, or to the person or persons incurring the obligation
24therefore, or providing the same.
25    On January 15 and July 15, 1981, and on January 15 and July
2615 of each year thereafter the employer shall within 60 days

 

 

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1pay a sum equal to 1/8 of 1% of all compensation payments made
2by him after July 1, 1980, either under this Act or the
3Workers' Occupational Diseases Act, whether by lump sum
4settlement or weekly compensation payments, but not including
5hospital, surgical or rehabilitation payments, made during the
6first 6 months and during the second 6 months respectively of
7the fiscal year next preceding the date of the payments, into a
8special fund which shall be designated the "Second Injury
9Fund", of which the State Treasurer is ex-officio custodian,
10such special fund to be held and disbursed for the purposes
11hereinafter stated in paragraphs (f) and (g) of Section 8,
12either upon the order of the Commission or of a competent
13court. Said special fund shall be deposited the same as are
14State funds and any interest accruing thereon shall be added
15thereto every 6 months. It is subject to audit the same as
16State funds and accounts and is protected by the General bond
17given by the State Treasurer. It is considered always
18appropriated for the purposes of disbursements as provided in
19Section 8, paragraph (f), of this Act, and shall be paid out
20and disbursed as therein provided and shall not at any time be
21appropriated or diverted to any other use or purpose.
22    On January 15, 1991, the employer shall further pay a sum
23equal to one half of 1% of all compensation payments made by
24him from January 1, 1990 through June 30, 1990 either under
25this Act or under the Workers' Occupational Diseases Act,
26whether by lump sum settlement or weekly compensation

 

 

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1payments, but not including hospital, surgical or
2rehabilitation payments, into an additional Special Fund which
3shall be designated as the "Rate Adjustment Fund". On March
415, 1991, the employer shall pay into the Rate Adjustment Fund
5a sum equal to one half of 1% of all such compensation payments
6made from July 1, 1990 through December 31, 1990. Within 60
7days after July 15, 1991, the employer shall pay into the Rate
8Adjustment Fund a sum equal to one half of 1% of all such
9compensation payments made from January 1, 1991 through June
1030, 1991. Within 60 days after January 15 of 1992 and each
11subsequent year through 1996, the employer shall pay into the
12Rate Adjustment Fund a sum equal to one half of 1% of all such
13compensation payments made in the last 6 months of the
14preceding calendar year. Within 60 days after July 15 of 1992
15and each subsequent year through 1995, the employer shall pay
16into the Rate Adjustment Fund a sum equal to one half of 1% of
17all such compensation payments made in the first 6 months of
18the same calendar year. Within 60 days after January 15 of 1997
19and each subsequent year through 2005, the employer shall pay
20into the Rate Adjustment Fund a sum equal to three-fourths of
211% of all such compensation payments made in the last 6 months
22of the preceding calendar year. Within 60 days after July 15 of
231996 and each subsequent year through 2004, the employer shall
24pay into the Rate Adjustment Fund a sum equal to three-fourths
25of 1% of all such compensation payments made in the first 6
26months of the same calendar year. Within 60 days after July 15

 

 

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1of 2005, the employer shall pay into the Rate Adjustment Fund a
2sum equal to 1% of such compensation payments made in the first
36 months of the same calendar year. Within 60 days after
4January 15 of 2006 and each subsequent year, the employer
5shall pay into the Rate Adjustment Fund a sum equal to 1.25% of
6such compensation payments made in the last 6 months of the
7preceding calendar year. Within 60 days after July 15 of 2006
8and each subsequent year, the employer shall pay into the Rate
9Adjustment Fund a sum equal to 1.25% of such compensation
10payments made in the first 6 months of the same calendar year.
11The administrative costs of collecting assessments from
12employers for the Rate Adjustment Fund shall be paid from the
13Rate Adjustment Fund. The cost of an actuarial audit of the
14Fund shall be paid from the Rate Adjustment Fund. The State
15Treasurer is ex officio custodian of such Special Fund and the
16same shall be held and disbursed for the purposes hereinafter
17stated in paragraphs (f) and (g) of Section 8 upon the order of
18the Commission or of a competent court. The Rate Adjustment
19Fund shall be deposited the same as are State funds and any
20interest accruing thereon shall be added thereto every 6
21months. It shall be subject to audit the same as State funds
22and accounts and shall be protected by the general bond given
23by the State Treasurer. It is considered always appropriated
24for the purposes of disbursements as provided in paragraphs
25(f) and (g) of Section 8 of this Act and shall be paid out and
26disbursed as therein provided and shall not at any time be

 

 

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1appropriated or diverted to any other use or purpose. Within 5
2days after the effective date of this amendatory Act of 1990,
3the Comptroller and the State Treasurer shall transfer
4$1,000,000 from the General Revenue Fund to the Rate
5Adjustment Fund. By February 15, 1991, the Comptroller and the
6State Treasurer shall transfer $1,000,000 from the Rate
7Adjustment Fund to the General Revenue Fund. The Comptroller
8and Treasurer are authorized to make transfers at the request
9of the Chairman up to a total of $19,000,000 from the Second
10Injury Fund, the General Revenue Fund, and the Workers'
11Compensation Benefit Trust Fund to the Rate Adjustment Fund to
12the extent that there is insufficient money in the Rate
13Adjustment Fund to pay claims and obligations. Amounts may be
14transferred from the General Revenue Fund only if the funds in
15the Second Injury Fund or the Workers' Compensation Benefit
16Trust Fund are insufficient to pay claims and obligations of
17the Rate Adjustment Fund. All amounts transferred from the
18Second Injury Fund, the General Revenue Fund, and the Workers'
19Compensation Benefit Trust Fund shall be repaid from the Rate
20Adjustment Fund within 270 days of a transfer, together with
21interest at the rate earned by moneys on deposit in the Fund or
22Funds from which the moneys were transferred.
23    Upon a finding by the Commission, after reasonable notice
24and hearing, that any employer has willfully and knowingly
25failed to pay the proper amounts into the Second Injury Fund or
26the Rate Adjustment Fund required by this Section or if such

 

 

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

 

 

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1Department of Insurance a list of the amounts paid into the
2Second Injury Fund and the Rate Adjustment Fund by each
3insurance company on behalf of their insured employers. The
4Director shall verify to the Chairman that the amounts paid by
5each insurance company are accurate as best as the Director
6can determine from the records available to the Director. The
7Chairman shall verify that the amounts paid by each
8self-insurer are accurate as best as the Chairman can
9determine from records available to the Chairman. The Chairman
10may require each self-insurer to provide information
11concerning the total compensation payments made upon which
12contributions to the Second Injury Fund and the Rate
13Adjustment Fund are predicated and any additional information
14establishing that such payments have been made into these
15funds. Any deficiencies in payments noted by the Director or
16Chairman shall be subject to the penalty provisions of this
17Act.
18    The State Treasurer, or his duly authorized
19representative, shall be named as a party to all proceedings
20in all cases involving claim for the loss of, or the permanent
21and complete loss of the use of one eye, one foot, one leg, one
22arm or one hand.
23    The State Treasurer or his duly authorized agent shall
24have the same rights as any other party to the proceeding,
25including the right to petition for review of any award. The
26reasonable expenses of litigation, such as medical

 

 

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1examinations, testimony, and transcript of evidence, incurred
2by the State Treasurer or his duly authorized representative,
3shall be borne by the Second Injury Fund.
4    If the award is not paid within 30 days after the date the
5award has become final, the Commission shall proceed to take
6judgment thereon in its own name as is provided for other
7awards by paragraph (g) of Section 19 of this Act and take the
8necessary steps to collect the award.
9    Any person, corporation or organization who has paid or
10become liable for the payment of burial expenses of the
11deceased employee may in his or its own name institute
12proceedings before the Commission for the collection thereof.
13    For the purpose of administration, receipts and
14disbursements, the Special Fund provided for in paragraph (f)
15of this Section shall be administered jointly with the Special
16Fund provided for in Section 7, paragraph (f) of the Workers'
17Occupational Diseases Act.
18    (g) All compensation, except for burial expenses provided
19in this Section to be paid in case accident results in death,
20shall be paid in installments equal to the percentage of the
21average earnings as provided for in Section 8, paragraph (b)
22of this Act, at the same intervals at which the wages or
23earnings of the employees were paid. If this is not feasible,
24then the installments shall be paid weekly. Such compensation
25may be paid in a lump sum upon petition as provided in Section
269 of this Act. However, in addition to the benefits provided by

 

 

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1Section 9 of this Act where compensation for death is payable
2to the deceased's widow, widower or to the deceased's widow,
3widower and one or more children, and where a partial lump sum
4is applied for by such beneficiary or beneficiaries within 18
5months after the deceased's death, the Commission may, in its
6discretion, grant a partial lump sum of not to exceed 100 weeks
7of the compensation capitalized at their present value upon
8the basis of interest calculated at 3% per annum with annual
9rests, upon a showing that such partial lump sum is for the
10best interest of such beneficiary or beneficiaries.
11    (h) In case the injured employee is under 16 years of age
12at the time of the accident and is illegally employed, the
13amount of compensation payable under paragraphs (a), (b), (c),
14(d) and (f) of this Section shall be increased 50%.
15    Nothing herein contained repeals or amends the provisions
16of the Child Labor Law relating to the employment of minors
17under the age of 16 years.
18    However, where an employer has on file an employment
19certificate issued pursuant to the Child Labor Law or work
20permit issued pursuant to the Federal Fair Labor Standards
21Act, as amended, or a birth certificate properly and duly
22issued, such certificate, permit or birth certificate is
23conclusive evidence as to the age of the injured minor
24employee for the purposes of this Section only.
25    (i) Whenever the dependents of a deceased employee are
26noncitizens aliens not residing in the United States, Mexico

 

 

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1or Canada, the amount of compensation payable is limited to
2the beneficiaries described in paragraphs (a), (b) and (c) of
3this Section and is 50% of the compensation provided in
4paragraphs (a), (b) and (c) of this Section, except as
5otherwise provided by treaty.
6    In a case where any of the persons who would be entitled to
7compensation is living at any place outside of the United
8States, then payment shall be made to the personal
9representative of the deceased employee. The distribution by
10such personal representative to the persons entitled shall be
11made to such persons and in such manner as the Commission
12orders.
13(Source: P.A. 93-721, eff. 1-1-05; 94-277, eff. 7-20-05;
1494-695, eff. 11-16-05.)
 
15    Section 150. The Workers' Occupational Diseases Act is
16amended by changing Section 1 as follows:
 
17    (820 ILCS 310/1)  (from Ch. 48, par. 172.36)
18    Sec. 1. This Act shall be known and may be cited as the
19"Workers' Occupational Diseases Act".
20    (a) The term "employer" as used in this Act shall be
21construed to be:
22        1. The State and each county, city, town, township,
23    incorporated village, school district, body politic, or
24    municipal corporation therein.

 

 

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1        2. Every person, firm, public or private corporation,
2    including hospitals, public service, eleemosynary,
3    religious or charitable corporations or associations, who
4    has any person in service or under any contract for hire,
5    express or implied, oral or written.
6        3. Where an employer operating under and subject to
7    the provisions of this Act loans an employee to another
8    such employer and such loaned employee sustains a
9    compensable occupational disease in the employment of such
10    borrowing employer and where such borrowing employer does
11    not provide or pay the benefits or payments due such
12    employee, such loaning employer shall be liable to provide
13    or pay all benefits or payments due such employee under
14    this Act and as to such employee the liability of such
15    loaning and borrowing employers shall be joint and
16    several, provided that such loaning employer shall in the
17    absence of agreement to the contrary be entitled to
18    receive from such borrowing employer full reimbursement
19    for all sums paid or incurred pursuant to this paragraph
20    together with reasonable attorneys' fees and expenses in
21    any hearings before the Illinois Workers' Compensation
22    Commission or in any action to secure such reimbursement.
23    Where any benefit is provided or paid by such loaning
24    employer, the employee shall have the duty of rendering
25    reasonable co-operation in any hearings, trials or
26    proceedings in the case, including such proceedings for

 

 

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

 

 

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1        1. Every person in the service of the State, county,
2    city, town, township, incorporated village or school
3    district, body politic or municipal corporation therein,
4    whether by election, appointment or contract of hire,
5    express or implied, oral or written, including any
6    official of the State, or of any county, city, town,
7    township, incorporated village, school district, body
8    politic or municipal corporation therein and except any
9    duly appointed member of the fire department in any city
10    whose population exceeds 500,000 according to the last
11    Federal or State census, and except any member of a fire
12    insurance patrol maintained by a board of underwriters in
13    this State. One employed by a contractor who has
14    contracted with the State, or a county, city, town,
15    township, incorporated village, school district, body
16    politic or municipal corporation therein, through its
17    representatives, shall not be considered as an employee of
18    the State, county, city, town, township, incorporated
19    village, school district, body politic or municipal
20    corporation which made the contract.
21        2. Every person in the service of another under any
22    contract of hire, express or implied, oral or written, who
23    contracts an occupational disease while working in the
24    State of Illinois, or who contracts an occupational
25    disease while working outside of the State of Illinois but
26    where the contract of hire is made within the State of

 

 

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1    Illinois, and any person whose employment is principally
2    localized within the State of Illinois, regardless of the
3    place where the disease was contracted or place where the
4    contract of hire was made, including noncitizens aliens,
5    and minors who, for the purpose of this Act, except
6    Section 3 hereof, shall be considered the same and have
7    the same power to contract, receive payments and give
8    quittances therefor, as adult employees. An employee or
9    his or her dependents under this Act who shall have a cause
10    of action by reason of an occupational disease,
11    disablement or death arising out of and in the course of
12    his or her employment may elect or pursue his or her remedy
13    in the State where the disease was contracted, or in the
14    State where the contract of hire is made, or in the State
15    where the employment is principally localized.
16    (c) "Commission" means the Illinois Workers' Compensation
17Commission created by the Workers' Compensation Act, approved
18July 9, 1951, as amended.
19    (d) In this Act the term "Occupational Disease" means a
20disease arising out of and in the course of the employment or
21which has become aggravated and rendered disabling as a result
22of the exposure of the employment. Such aggravation shall
23arise out of a risk peculiar to or increased by the employment
24and not common to the general public.
25    A disease shall be deemed to arise out of the employment if
26there is apparent to the rational mind, upon consideration of

 

 

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

 

 

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1other category that includes the employee is deemed to arise
2out of and in the course of the employment for all purposes
3under this Act. This paragraph added by Public Act 93-829 is
4declarative of existing law and is not a new enactment.
5    The employer liable for the compensation in this Act
6provided shall be the employer in whose employment the
7employee was last exposed to the hazard of the occupational
8disease claimed upon regardless of the length of time of such
9last exposure, except, in cases of silicosis or asbestosis,
10the only employer liable shall be the last employer in whose
11employment the employee was last exposed during a period of 60
12days or more after the effective date of this Act, to the
13hazard of such occupational disease, and, in such cases, an
14exposure during a period of less than 60 days, after the
15effective date of this Act, shall not be deemed a last
16exposure. If a miner who is suffering or suffered from
17pneumoconiosis was employed for 10 years or more in one or more
18coal mines there shall, effective July 1, 1973 be a rebuttable
19presumption that his or her pneumoconiosis arose out of such
20employment.
21    If a deceased miner was employed for 10 years or more in
22one or more coal mines and died from a respirable disease there
23shall, effective July 1, 1973, be a rebuttable presumption
24that his or her death was due to pneumoconiosis.
25    Any condition or impairment of health of an employee
26employed as a firefighter, emergency medical technician (EMT),

 

 

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

 

 

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

 

 

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1occupational disease caused by berylliosis or by the
2inhalation of silica dust or asbestos dust and, in such cases,
3within 3 years after the last day of the last exposure to the
4hazards of such disease and except in the case of occupational
5disease caused by exposure to radiological materials or
6equipment, and in such case, within 25 years after the last day
7of last exposure to the hazards of such disease.
8    (g)(1) In any proceeding before the Commission in which
9the employee is a COVID-19 first responder or front-line
10worker as defined in this subsection, if the employee's injury
11or occupational disease resulted from exposure to and
12contraction of COVID-19, the exposure and contraction shall be
13rebuttably presumed to have arisen out of and in the course of
14the employee's first responder or front-line worker employment
15and the injury or occupational disease shall be rebuttably
16presumed to be causally connected to the hazards or exposures
17of the employee's first responder or front-line worker
18employment.
19    (2) The term "COVID-19 first responder or front-line
20worker" means: all individuals employed as police, fire
21personnel, emergency medical technicians, or paramedics; all
22individuals employed and considered as first responders; all
23workers for health care providers, including nursing homes and
24rehabilitation facilities and home care workers; corrections
25officers; and any individuals employed by essential businesses
26and operations as defined in Executive Order 2020-10 dated

 

 

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1March 20, 2020, as long as individuals employed by essential
2businesses and operations are required by their employment to
3encounter members of the general public or to work in
4employment locations of more than 15 employees. For purposes
5of this subsection only, an employee's home or place of
6residence is not a place of employment, except for home care
7workers.
8    (3) The presumption created in this subsection may be
9rebutted by evidence, including, but not limited to, the
10following:
11